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North Carolina sex offender registration program

Posted Sunday, June 25, 2006

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I. HISTORY.

A. In October of 1994, Congress enacted the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act. (42 USC ยง 14071(f)). In broad terms the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act provided for a system and outline for the various states to create sex offender registration programs in order to continue to receive certain federal funds. The various states had three years from the Act's original enactment date of September 13, 1994 to comply with these standards. The Wetterling Act was modified on May 17, 1996 by way of "Megan's Law" (Public Law 104-145) to add provisions relating to the release of registration information. It was again modified by way of "The Pam Lyncher Sexual Offender Tracking Act of 1996."

B. On January 1, 1996, the North Carolina General Assembly created North Carolina's first Sex Offender Registration Law, known as the "Amy Jackson Law." In 1998 and 2001 North Carolina's Sex Offender Registration Program was rewritten to comply with the standards enunciated under the Jacob Wetterling and Megan and Pam Lyncher Laws. This outline is intended to be an overview of these new laws to assist North Carolina citizens in understanding the Program's provisions. This publication is not intended to be legal advice or guidance.

II. COVERED PERSONS.

A. The registration provisions of North Carolina's law are applicable to persons convicted on or after January 1, 1996 of a reportable offense or who have been released from a penal institution on or after January 1, 1996 for a reportable offense.

B. A person convicted in a federal jurisdiction of an offense which is substantially similar to a reportable offense as set out in this law is subject to registration if the person was convicted on or after April 3, 1997 or released from a penal institution on or after April 3, 1997.

C. A person convicted of solicitation to commit, conspiracy to commit, or aiding and abetting may be registerable if the person committed the offense on or after December 1, 1999.

III. REPORTABLE OFFENSES.

A. Offenses Against a Minor: This includes any of the following offenses if the offense is committed against a minor, and the person committing the offense is not the minor's parent.

  1. G.S. 14-39 Kidnaping.
  2. G.S. 14-41 Abduction of Children.
  3. G.S. 14-43.3 Felonious Restraint.

    This also includes a conviction for solicitation to commit or conspiracy to commit an offense "against a minor".

B. A Sexually Violent Offense:
  1. G.S. 14-27.2 First Degree Rape.
  2. G.S. 14-27.3 Second Degree Rape.
  3. G.S. 14-27.4 First Degree Sexual Offense.
  4. G.S. 14-27.5 Second Degree Sexual Offense.
  5. G.S. 14-27.6 Attempted Rape or Sexual Offense.
  6. G.S. 14-27.7 Intercourse and Sexual Offense with certain victims.
  7. G.S. 14-178 Incest Between Near Relatives.
  8. G.S. 14-190.6 Employing or Permitting Minor to Assist in Offenses Against Public Morality and Decency.
  9. G.S. 14-190.16 First Degree Sexual Exploitation of a Minor.
  10. G.S. 14-190.17 Second Degree Sexual Exploitation of a Minor.
  11. G.S. 14-190.17A Third Degree Sexual Exploitation of a Minor.
  12. G.S. 14-190.18 Promoting Prostitution of a Minor.
  13. G.S. 14-190.19 Participating in Prostitution of a Minor.
  14. G.S. 14-202.1 Taking Indecent Liberties with Children.

    This also includes a conviction for solicitation to commit or conspiracy to commit a "sexually violent offense".

C. An Attempt to Commit any of the Preceding Offenses.

D. A final conviction for Aiding and Abetting of an offense against a minor or a sexually violent offense would be registerable, if the court finds registration would serve the purpose of the Registration Act.

IV. REGISTRATION FOR SEX OFFENSE CONVICTIONS OUTSIDE NORTH CAROLINA OR IN FEDERAL COURT. A final conviction in another state or federal court of an offense, which if committed in this state, would have been a reportable offense would also require registration if the individual fell within the reportable time frames set forth in Section II above.

V. LENGTHS OF REGISTRATION REQUIREMENT.

A. It is the objective of the General Assembly of North Carolina to establish a ten-year registration requirement for persons convicted of certain offenses against minors or sexually violent offenses. To that end, the General Assembly has established the "Sex Offender and Public Protection Registration Program".

B. It is the further objective of the General Assembly to establish a more stringent set of registration requirements for a subclass of highly dangerous sex offenders who are determined by a sentencing court, with the assistance of a board of experts, to be sexually violent predators. These more stringent registration requirements are also applicable to sex offenders classified as "recidivists" and to those sex offenders convicted of "aggravated offenses." These categories of offenders face lifetime registration as a sex offender.

C. Registration requirements for those persons determined to be sexually violent predators are effective for those persons charged with a sexually violent offense on or after April 1, 1998. Registration requirements for those persons determined to be recidivist or convicted of aggravated offenses are effective for those persons who committed these offenses on or after October 1, 2001.

  1. Sexually Violent Predator means a person who has been convicted of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in sexually violent offenses directed at strangers or at a person with whom a relationship has been established or promoted for the primary purpose of victimization. (a) Mental Abnormality means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manor that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of others.(b) Personality Disorder means an enduring pattern of inner experience and behavior that deviates markedly from the expectations of the individual's culture, is pervasive and inflexible, has an onset in adolescence or early adulthood, is stable over time, and leads to distress or impairment.
  2. Aggravated Offense means any criminal offense that includes either of the following: (i)engaging in a sexual act involving vaginal, anal, or oral penetration with a victim of any age through the use of force or the threat of serious violence or (ii)engaging in a sexual act involving vaginal, anal, or oral penetration with a victim who is less than 12 years old.
  3. Recidivists means a person who has a prior conviction for an offense that is described in N.C.G.S. 14-208.6(4).

D. The information obtained under either of these two registration programs will be immediately shared with the appropriate local, state, federal, and out-of-state law enforcement officials and penal institutions. In addition, the information designated as public record will be readily available to and accessible by the public. However, the identity of the victim is not public and will not be released as a public record.

VI. REGISTRATION REQUIREMENTS FOR JUVENILES TRANSFERRED TO AND CONVICTED IN SUPERIOR COURT. A juvenile transferred to Superior Court pursuant to G.S. 7A-608 who is convicted of a sexually violent offense or an offense against a minor must register in accordance with this law just as an adult convicted of the same offense must register.

VII. SEX OFFENDER AND PUBLIC PROTECTION REGISTRATION PROGRAM.

A. A person who is a North Carolina resident and who has a reportable conviction will be required to maintain registration with the sheriff of the county where the person resides. If the person moves to North Carolina from outside this State, the person must register within ten days of establishing residence in this State or whenever the person has been present in this State for 15 days, whichever comes first. If the person is a current resident of North Carolina, the person must register:
  1. Within ten days of release from a penal institution or arrival in a county to live outside a penal institution; or
  2. Immediately upon conviction for a reportable offense where an active term of imprisonment was not imposed.
B. Registration procedures are also applicable to non-resident students. A non-resident student is a person enrolled in any type of school in North Carolina on either a part-time or full-time basis.

C. Registration requirements also apply to non-resident workers. A non-resident worker is a person who is not a resident of North Carolina but who has employment or carries on a vocation in the State, on a part-time or full-time basis, with or without compensation or government or educational benefit, for more than 14 days, or for an aggregate period exceeding 30 days in a calendar year.

D. A person who is a non-resident student or a non-resident worker and who has a reportable conviction, or is required to register in the person's state of residency, is required to maintain registration with the sheriff of the county where the person works or attends school. The person must, in addition to the normal registration information, provide the sheriff with information regarding the person's school or place of employment as appropriate and the person's address in his or her state of residence.

E. Registration will be maintained for a period of ten years following release from a penal institution. If no active term of imprisonment was imposed, registration will be maintained for a period of ten years following each conviction for a reportable offense.

F. The State Bureau of Investigation's Division of Criminal Information (DCI) will provide each sheriff with forms for registering persons. The registration forms will require:

  1. The person's full name, each alias, date of birth, sex, race, height, weight, eye color, hair color, drivers license number, and home address;
  2. The type of offense for which the person was convicted, the date of conviction, and the sentence imposed;
  3. A current photograph; and
  4. The person's fingerprints.
G. Registration cards can be ordered by sheriffs' offices from DCI.

H. The sheriff will photograph the individual at the time of registration and take fingerprints from the individual, both of which will be kept as part of the registration form. The registrant cannot be required to pay any fees for the photograph or fingerprints taken at the time of registration.

I. When a person registers, the sheriff with whom the person registered will immediately send the registration information to the DCI in a manner determined by DCI. The transmission of this registry information to DCI can be accomplished by the sheriffs office completing the appropriate transaction through the DCI network. The sheriff will retain the original registration form and other information collected and will compile the information that is a public record into a county registry. A county registry is defined as the information compiled by the sheriff of a county in compliance with this law. The county registry can also be compiled and displayed for public use by direct inquiry into DCI.

VIII. PRE-RELEASE NOTIFICATION.

A. At least ten days, but not earlier than 30 days, before a person who will be subject to registration under this Article is due to be released from a penal institution, (including local jails) an official of the penal institution will:
  1. Inform the person of the person's duty to register under this Article and require the person to sign a written statement that the person was so informed or, if the person refuses to sign the statement, certify that the person was so informed;
  2. Obtain the registration information required, as well as the address where the person expects to reside upon the person's release; and
  3. Send DCI and the sheriff of the county in which the person expects to reside the information collected.
B. If a person who is subject to registration under this Article does not receive an active term of imprisonment, the court pronouncing sentence will conduct, at the time of sentencing, the necessary notification.

IX. NOTIFICATION PROCEDURES.

Change of address. If a person required to register changes address, the person is required to provide written notice of the new address not later than the tenth day after the change to the sheriff of the county with whom the person had last registered. Upon the receipt of the notice, the sheriff will forward this information to the DCI. If the person moves to another county in this state, the DCI will inform the sheriff of the new county of the person's new address. If the person moves to another state the person must provide written notice of the new address not later than 10 days after the change to the sheriff of the county with whom the person last registered. Upon receipt of this notice, the sheriff will notify the person that he/she must comply with the registration procedures in the state of residency. The sheriff will also notify the DCI who will inform the appropriate state officials in the state to which the registrant moves of the person's new address.

X. VERIFICATION OF REGISTRATION INFORMATION.

The information in the county registry will be verified annually for each registrant:
  1. Every year on the anniversary of a person's registration date, the DCI will mail a non-forwardable verification form to the last reported address of the person. The anniversary date will be the initial registration date, once a year for sex offenders and every 90 days for sexual predators.
  2. The person must return the verification form to the sheriff within ten days after the receipt of the form.
  3. The verification form must be signed by the person and indicate whether the person still resides at the address last reported to the sheriff. If a person has a different address, then the person must indicate that fact and the new address.
  4. If the person fails to return the verification form to the sheriff within ten days after the receipt of the form, the person is subject to criminal penalties.
  5. If the verification form is returned to the sheriff as undeliverable, the sheriff will make a reasonable attempt to verify that the person is residing at the registered address. If the person cannot be found at the registered address and has failed to report a change of address, the person is also subject to criminal penalties unless the person reports in person to the sheriff and proves that the person has not changed his/her address.
XI. PUBLIC ACCESS TO REGISTRATION INFORMATION.

A. The following information in a county registry regarding a person required to register is public record and will be available for public inspection; name, sex, address, physical description, picture, conviction date, offense for which registration was required, the sentence imposed as a result of the conviction, and registration status. (Information regarding a person's medical records or documentation of treatment for the person's mental abnormality or personality disorder shall not be a part of the public record). A sheriff must release any other relevant information that is necessary to protect the public concerning a specific person, but cannot release the identity of the victim of the offense that required registration.

B. Any person may obtain a copy of the individuals registration form, a part of the county registry, or all of the county registry, by submitting a written request for the information to the sheriff. Again, however, the identity of the victim cannot be released. A sheriff may charge a reasonable fee for duplicating cost and mailing costs.

XII. PENALTIES.

A. A person required to register who does any of the following is guilty of a Class F felony:

  1. Fails to register.
  2. Fails to notify the last registering sheriff of a change of address.
  3. Fails to return a verification notice.
  4. Forges or submits under false pretenses the information or verification notices required.

B. If a person commits a violation as set forth above, the probation officer, parole officer, or any other law enforcement officer who is aware of the violation may immediately arrest the person or seek an order for the person's arrest.

C. Before a person convicted of a violation of this Article is due to be released from a penal institution, an official of the penal institution will conduct the pre-release notification procedures set forth in the law. If no active term of imprisonment is imposed, the court pronouncing sentence will conduct the notification procedures.

XIII. TERMINATION OF REGISTRATION REQUIREMENT.

A. The requirement that a person register automatically terminates ten years after the date of the initial county registration if the person has not been convicted of a subsequent offense requiring registration.

B. If there is a subsequent offense, the county registration records be retained until the registration requirement for the subsequent offense is terminated.

C. The DCI will maintain the registration information permanently even after the registrant's reporting requirement expires.

XIV. STATEWIDE REGISTRY.

A. DCI will compile and keep a current central statewide sex offender registry. The DCI has the following responsibilities:
  1. To receive from the sheriff or any other law enforcement agency or penal institution all sex-offender registrations, changes of address, and pre-release notifications. The DCI shall also receive notices of any violation of this Article including a failure to register or a failure to report a change of address. DCI must also provide all need-to-know law enforcement agencies immediately upon receipt by the DCI of any registration information, pre-release notifications, changes of address, or notices of violation.
  2. To coordinate efforts among law enforcement agencies and penal institutions to insure that the registration information, changes of address, pre-release notifications, and notices of failure to register or to report a change of address are conveyed in an appropriate and timely manner.
  3. To provide public access to the statewide registry.

B. The statewide registry will include the following:
  1. Registration information obtained by a sheriff or penal institution or from any other law enforcement agency.
  2. Registration information received from a state or local law enforcement agency or penal institution in another state.
  3. Registration information received from a federal law enforcement agency or penal institution.

XV. PUBLIC ACCESS TO THE STATEWIDE REGISTRY.

A. The information in the statewide registry that is public record is the same as that set forth for the county registry. The DCI will release any other relevant information necessary to protect the public concerning a specific person but will not release the identity of a victim.

B. The DCI will provide free public access to automated data from the statewide registry, including a photograph provided by the registering sheriff via the Internet. The public will be able to access the statewide registry to view an individual registration record, a part of the statewide registry, or all of the statewide registry. The DCI will also provide copies of registry information to the public upon written request and may charge a reasonable fee for duplicating costs and mailing costs. The Internet address for the statewide registry is: http://sbi.jus.state.nc.us/DOJHAHT/SOR

XVI. DETERMINING SEXUALLY VIOLENT PREDATORS

A. When a person is charged by indictment or information with the Commission of a sexually violent offense, the District Attorney will decide whether to seek classification of the offender as a sexually violent predator if the person is convicted.

B. Prior to sentencing a person as a sexually violent predator the court will order a pre-sentencing investigation. The study of the defendant and whether the defendant is a sexually violent predator will be conducted by a board of experts selected by the Department of Correction. The board of experts will be composed of at least four people. Two of the board members will be experts in the field of the behavior and treatment of sexual offenders, one of whom is selected from a panel of experts in those fields provided by the North Carolina Medical Society and who is not employed with the Department of Correction or employed on a full-time basis with any other state agency. One of the board members will be a victims rights advocate and one will be a representative law enforcement agencies.

C. The court would then make written findings as to whether or not the defendant is classified as a sexually violent predator.

XVII. REGISTRATION PROCEDURES FOR SEXUALLY VIOLENT PREDATORS; RECIDIVISTS; AND PERSONS CONVICTED OF AGGRAVATED OFFENSES.

A. The procedures for registering as a sexually violent predator are the same for a sexual offender.

B. In addition to the required information the following information will also be obtained on sexually violent predators:
  1. Identifying factors.
  2. Offense history.
  3. Documentation of any treatment received by the person for the person's mental abnormality or personality disorder.
C. Forms for registering sexually violent predators will be provided by DCI to each sheriffs' office. A person classified as a sexually violent predator will be registered indefinitely and will terminate only upon a determination that the person no longer suffers a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense.

D. The information in the county registry must be verified by the sheriff for each sexually violent predator every 90 days after the person's initial registration date. The registration verification procedures are the same as for sexual offenders.

E. A person who is a recidivist, who is convicted of an aggravated offense, or is classified as a sexually violent predator shall maintain registration for the person's life.

XVIII. REGISTRATION PROCEDURES FOR CERTAIN JUVENILES ADJUDICATED DELINQUENT FOR COMMITTING CERTAIN OFFENSES

A. Registration requirement. Whenever a juvenile, who is at least eleven years of age, is adjudicated delinquent for one of the following offenses, the court shall consider whether the juvenile is a danger to the community. If the presiding judge finds that the juvenile is a danger to the community, the court must then consider whether the juvenile should be registered with the county sheriff.

Registerable Offenses:

  1. G.S. 14-27.2 First Degree Rape
  2. G.S. 14-27.3 Second Degree Rape
  3. G.S. 14-27.4 First Degree Sexual Offense
  4. G.S. 14-27.5 Second Degree Sexual Offense
  5. G.S. 14.27.6 Attempted Rape of Sexual Offense
This also includes the commission of any of the preceding offenses, the attempt, conspiracy, or solicitation of another to commit any of the preceding offenses and, and aiding and abetting of any of the preceding offenses.

No juvenile may be required to register under this section unless the court first finds that the juvenile is a danger to the community. If the judge issues an order that the juvenile shall register, the presiding judge shall conduct the notification procedures as specified for adults. The chief court counselor of that district must then file the registration information for the juvenile with the appropriate sheriff.

This registration process does not apply to a juvenile who is tried and convicted as an adult for committing or attempting to commit a sexually violent offense of an offense against a minor. A juvenile who is convicted of those offenses as an adult must register just as an adult convicted of the same offense.

B. Change of address. If a juvenile who is required to register changes address, the court counselor for the juvenile shall provide written notice of the new address not later than the tenth day after the change to the sheriff of the county with whom the juvenile has last registered. Upon receipt of the notice, the sheriff shall immediately forward this information to the State Bureau of Investigation's Division of Criminal Information (Division). If the juvenile moves to another county in this State, the Division shall inform the sheriff of the new county of the juvenile's new address.

C. Verification of information. The information provided to the sheriff must be verified annually for each juvenile registrant as follows:

  1. Every year on the anniversary of a juvenile's initial registration date, the sheriff will mail a non-forwardable verification form to the court counselor assigned to the juvenile.
  2. The court counselor for the juvenile must return the verification form to the sheriff within ten days after the receipt of the form.
  3. The verification form must be signed by the court counselor and the juvenile and indicate whether the juvenile still resides at the address last reported to the sheriff. If a juvenile has a different address, then the person must indicate that fact and the new address.
D. Registration information is not public record. The information regarding a juvenile required to register under this section is not public record and is not available for public inspection. The registration information of a juvenile under this section must be maintained separately by the sheriff and released only to law enforcement agencies. Under no circumstances shall the registration of a juvenile adjudicated delinquent be included in the county or statewide registries, or be made available to the public via internet.

E. Termination of registration requirement. The requirement that a juvenile register automatically terminates on the juvenile's eighteenth birthday or when the jurisdiction of the juvenile court with regard to the juvenile ends, whichever comes first.

F. File with Police Information Network. The Division shall include the registration information in the Police Information Network. The Division shall maintain the registration information permanently even after the registrant's reporting requirement expires; however, the records shall remain confidential.

XIX. DISCONTINUATION OF REGISTRATION REQUIREMENTS. The periods of registration required by these laws will be discontinued only if the conviction requiring registration is reversed, vacated, or set aside, or if the registrant has been granted an unconditional pardon of innocense for the offense requiring registration.

Chatham County, North Carolina sex offenders (6/25/06)

ANGULO,JESUS ANTONIO
1007 SOUTH CHATHAM AV
SILER CITY, 27344

ANTON,HUGO D

BETHEA,ANTHONY RAYSHON
50 PARK RD
MONCURE, 27559

BILES,KEVIN M
455 COLONY ST
SILER CITY, 27344

BLACK,FRANCIS CHRISTOPHER
39 OLLIE MAE DR
SILER CITY, 27344

BLAKELY,JEFFERY ALLEN
608 WEST 4TH ST
SILER CITY, 27344

BROOKS,HERFORD J
8849 SILER CITY SNOW CAMP RD
SNOW CAMP, 27349

BURGESS,MARIO LACHAD
752 HILLSBORO ST
PITTSBORO, 27312

BURNETT,GARY LEE
SILER CITY, 27344

BYNUM,KENDRICK PRUNELL
69 WALTER LAMBERT RD
GOLDSTON, 27252

CAREY,LONNIE IRVING
799 WHITLEY RD
SILER CITY, 27344

CHIPAGUA,ROBERT
SILER CITY, 27344

DEMAIO,FRANCIS L
301 PINE ST
MONCURE, 27559

DOMINGUEZ,JOSE L
705 WEST THIRD STREET
SILER CITY, 27344

ELLIS,JAMES L
36 BYNUM HILL RD
BYNUM, 27228

ETHERIDGE,JESSIE BERT
9141 US 421 SOUTH
BEAR CREEK, 27207

FARRAR,FRANKLIN EUGENE
1028 HAMLETS CHAPEL RD
PITTSBORO, 27312

FOUST,JAMES M
587 MIKE LINDLEY RD
SNOW CAMP, 27349

FOUT,LARRY LEE
SILER CITY, 27344

GOLDSTON,STEVE ALLEN
SILER CITY, 27344

GRIFFIN,CLIFFORD MICHAEL
603 NORTH AVENUE
SILER CITY, 27344

HEADEN,CHRISTOPHER LEE
417 EAST 4TH STREET
SILER CITY, 27344

HENDERSON,ALTON J
900 W DOLPHIN ST
SILER CITY, 27344

HOLDER,DONNIE W
1901 NC HWY 42
MONCURE, 27559

HOLT,ELMER LOUIS JR
322 S CEDAR
SILER CITY, 27344

JARRELL,RANDALL CRAIG
705 SANFORD RD
PITTSBORO, 27312

JOSLYN,BRUCE ALAN SR
54 POST OFFICE RD
MONCURE, 27559

KENNEDY,DAVID T
86 ACORN LN
PITTSBORO, 27312

KILLETT,THOMAS EDWARD
2681 NC HWY 751
DURHAM, 27713

LEE,GEORGE FULTON
2545 R1 PEA RIDGE RD
NEW HILL, 27562

LIGHT,SHAD V
321 L C FARM RD
PITTSBORO, 27312

LINEBERRY,ELVIN RAYMOND
1111 NORTH CHATHAM AV
SILER CITY, 27344

MEIN,PETER JOHN
58 SAM DIXON RD
SILER CITY, 27344

MOODY,CHARLES WAYNE JR
713 N 3rd AV
SILER CITY, 27344

MOORE,RICKEY H
4007 ALSTON BRIDGE RD
SILER CITY, 27344

OURS,RICHARD JAMES
83 J A THOMAS TRAIL
PITTSBORO, 27312

PATTERSON,RUFUS
SILER CITY, 27344

PEARCE,CHRISTOPHER JOE
CHAPEL HILL, 27517

PHILLIPS,THOMAS DANIEL
16123 NC HWY 902
BEAR CREEK, 27207

SANTANA,CELSO MOLINA
SILER CITY, 27344

SHOFFNER,MICHAEL BERNARD
729 COOPER RD
STALEY, 27355

SNIPES,T J
7542 HWY 64 WEST
PITTSBORO, 27312

STALEY,STEVIE MCKINLEY
227 HANNA MAC RD
STALEY, 27355

STONE,HUBERT HAYWOOD
44 BRYAN ST
MONCURE, 27559

SWANN,JOEL B
312 BROWNHILL RD
NEW HILL, 27562

THOMAS,JAMES ALLEN
26 RODNEY LN
CHAPEL HILL, 27517

TORRES,JOSE
1215 APRIL LOOP 24
SILER CITY, 27344

TURPEN,ROBERT
250 MONCURE SCHOOL RD
MONCURE, 27559

VICENTE-VICENTE,LUIS
2624 HAMP STONE RD
SILER CITY, 27344

WILLIAMS,JABARIS MARQUEZ
434 BRITTANY LANE
CHAPEL HILL, 27517

WOMBLE,DANIEL B
7761 GOLDSTON GLENDON RD
GOLDSTON, 27522

 
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