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Cary sex offender found living near daycare

Posted December 10, 2010
Updated November 16

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— Cary police arrested a 33-year-old man Thursday after determining that he failed to register as a sex offender in North Carolina and was living less than 1,000 feet from a child care center, according to an arrest warrant.

Jack Crieg Wallace Benney, of 2326 Highstone Road, is a registered sex offender from New York. He moved to Cary in May 2008 and has been living near Bright Horizons Children's Center, 2500 Highstone Road, the warrant showed.

Authorities charged him with failing to register as a sex offender, a felony, and with a sex offender residence violation.

He was placed on the New York sex offender registry in 2004 after being convicted of sexual misconduct with a 16-year-old, according to New York State records.

Benney was being held in the Wake County jail on a $50,000 secured bond.

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  • tibyrd2003 Dec 10, 2010

    Perhaps the girl lied and told him she was 18, but her father prosecuted anyway... even though it was consensual. Certain counties of NC do not consider consensual sex with a 16 year old as an illegal act, unless the parents file charges. There were no children were harmed in this incident.

  • NotFromHere Dec 10, 2010

    "it would be statutory rape in NC."

    No, I'm sorry but you are mistaken. A 60 year old can have sex with a 16 year old in NC and it is perfectly legal as long as they are not a teacher, coach, guardian or in some other position of power over the 16 or 17 year old.

  • wildcat Dec 10, 2010

    Children are everywhere....so were can he live in peace? Adults should watch the children and these things would never happen. Of course he should have inform the local officers where he was desirin to live. No child was harmed was they?

  • LibertarianTechie Dec 10, 2010

    Being the age of consent in NC is 16, and being what he did in NY would not have been a crime in NC, does he really belong on the sex offender registry in NC? If so, then he has not committed a crime. Right?

  • sumpinlikedat Dec 10, 2010

    Actually, NotFromHere and larky, it would be statutory rape in NC. Just ask my brother, who had a girlfriend's parents turn him in for having sex with a 16 year old when he was 18.

  • larky74406 Dec 10, 2010

    Ha, if he had done that in NC it would have been legal.

  • NotFromHere Dec 10, 2010

    "Of course a 27 year old having sex with a 16 year old is totally inappropriate."

    Problem is, a 27 year old having sex with a 16 year old in NC is totally legal. The age of consent in NC is 16. The age of consent in NY is 17. If he had done this in NC he would never have committed a crime.

  • fl2nc2ca2md2nc Dec 10, 2010

    Of course a 27 year old having sex with a 16 year old is totally inappropriate. But making the leap that he would be a danger to little children in a daycare is a real stretch...

  • 1 of the original Americans Dec 10, 2010

    2nd in line for a date with old sparky!!!