Where do we draw the line between public safety and over-criminalization?
In North Carolina, a man was arrested after authorities alleged he was “present” near a Sonic and a Burger King in Goldsboro — both locations reportedly considered prohibited under NCGS 14-208.18 because they have children’s play areas.
According to the arrest report, officers alleged McMillan was within 300 feet of these locations. There are no allegations that he approached children, spoke to minors, acted inappropriately, or committed any sexual misconduct.
The alleged violation? Simply being near the premises.
At some point, people have to ask whether laws like this are actually making communities safer or just creating endless technical traps that make ordinary life impossible.
In this economy, fast food is one of the few affordable options available to many people – especially registrants. If your local Sonic or Burger King are being treated as forbidden zones because they happen to contain a play area on the property, then what’s next? Grocery stores with arcade machines? Shopping centers with a kiddie ride? Gas stations with claw machines?
There is a major difference between predatory behavior and buying a hamburger.
If someone is stalking children, attempting contact, or engaging in sexual conduct, arrest them all day long. But criminalizing everyday activities with no allegation of misconduct turns the registry into a system of perpetual exclusion rather than targeted public safety.
These kinds of cases fuel growing concerns that presence restrictions are becoming so broad that registrants can unavoidably violate them simply by trying to live normal lives. I’m sorry, but Olive Garden is simply unaffordable for many of us!
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
you must have been in the system a long time ago for Colorado not to be on board,
I’m so sorry for your loss; you think you’re getting on with your life and then boom out of nowhere, they got you.
with all due respect:
I had two technical violations last year and was not arrested.
I failed to get a truck registered with fdle, and failed to register.
in both cases,
I was engaged by sympathetic authorities and felt a wave of understanding and compassion from the system.
My second felony stemmed from what was essentially a traumatic brain injury-related mistake. I had moved from Colorado, where there was no registry requirement at the time, and Florida’s laws had changed. I failed to report to the sex offender office because I genuinely forgot, and suddenly it became a felony charge.
Another person arrested the same day as me had a similar situation. He sold a vehicle and removed it from his registry information, but the junkyard that bought it didn’t process the title for two months. Once they finally completed the paperwork through the Florida Department of Motor Vehicles, FDLE was notified, and he was charged with a felony as well.
Experiences like that have made me terrified of dealing with standard junkyards too another thing taked away from me really.
Glad they didn’t get you and put 2 felonies on you
i cried
I felt humbled.
they “had me”