§ 14-208.18. Sex offender unlawfully on premises.
§ 14‑208.18. Sexoffender unlawfully on premises.
(a) It shall beunlawful for any person required to register under this Article, if the offenserequiring registration is described in subsection (c) of this section, toknowingly be at any of the following locations:
(1) On the premises ofany place intended primarily for the use, care, or supervision of minors,including, but not limited to, schools, children's museums, child care centers,nurseries, and playgrounds.
(2) Within 300 feet ofany location intended primarily for the use, care, or supervision of minorswhen the place is located on premises that are not intended primarily for theuse, care, or supervision of minors, including, but not limited to, placesdescribed in subdivision (1) of this subsection that are located in malls,shopping centers, or other property open to the general public.
(3) At any place whereminors gather for regularly scheduled educational, recreational, or socialprograms.
(b) Notwithstanding anyprovision of this section, a person subject to subsection (a) of this sectionwho is the parent or guardian of a minor may take the minor to any locationthat can provide emergency medical care treatment if the minor is in need ofemergency medical care.
(c) Subsection (a) ofthis section is applicable only to persons required to register under thisArticle who have committed any of the following offenses:
(1) Any offense inArticle 7A of this Chapter.
(2) Any offense wherethe victim of the offense was under the age of 16 years at the time of theoffense.
(d) A person subject tosubsection (a) of this section who is a parent or guardian of a studentenrolled in a school may be present on school property if all of the followingconditions are met:
(1) The parent orguardian is on school property for the purpose for one of the following:
a. To attend aconference at the school with school personnel to discuss the academic orsocial progress of the parents' or guardians' child; or
b. The presence of theparent or guardian has been requested by the principal or his or her designeefor any other reason relating to the welfare or transportation of the child.
(2) The parent orguardian complies with all of the following:
a. Notice: The parentor guardian shall notify the principal of the school of the parents' orguardians' registration under this Article and of his or her presence at theschool unless the parent or guardian has permission to be present from thesuperintendent or the local board of education, or the principal has grantedongoing permission for regular visits of a routine nature. If permission isgranted by the superintendent or the local board of education, thesuperintendent or chairman of the local board of education shall inform theprincipal of the school where the parents' or guardians' will be present.Notification includes the nature of the parents' or guardians' visit and thehours when the parent or guardian will be present at the school. The parent orguardian is responsible for notifying the principal's office upon arrival andupon departure. Any permission granted under this sub‑subdivision shallbe in writing.
b. Supervision: At alltimes that a parent or guardian is on school property, the parent or guardianshall remain under the direct supervision of school personnel. A parent orguardian shall not be on school property even if the parent or guardian hasongoing permission for regular visits of a routine nature if no schoolpersonnel are reasonably available to supervise the parent or guardian on thatoccasion.
(e) A person subject tosubsection (a) of this section who is eligible to vote may be present at alocation described in subsection (a) used as a voting place as defined by G.S.163‑165 only for the purposes of voting and shall not be outside thevoting enclosure other than for the purpose of entering and exiting the votingplace. If the voting place is a school, then the person subject to subsection(a) shall notify the principal of the school that he or she is registered underthis Article.
(f) A person subjectto subsection (a) of this section who is eligible under G.S. 115C‑378 toattend public school may be present on school property if permitted by thelocal board of education pursuant to G.S. 115C‑391(d)(2).
(g) A juvenile subjectto subsection (a) of this section may be present at a location described inthat subsection if the juvenile is at the location to receive medical treatmentor mental health services and remains under the direct supervision of anemployee of the treating institution at all times.
(h) A violation of thissection is a Class H felony. (2008‑117, s. 12; 2009‑570, s. 5.)