77-27-21.7 - Sex offender restrictions.
77-27-21.7. Sex offender restrictions.
(1) As used in this section:
(a) "Protected area" means the premises occupied by:
(i) any licensed day care or preschool facility;
(ii) a swimming pool that is open to the public;
(iii) a public or private primary or secondary school that is not on the grounds of acorrectional facility;
(iv) a community park that is open to the public; and
(v) a playground that is open to the public, including those areas designed to providechildren space, recreational equipment, or other amenities intended to allow children to engage inphysical activity.
(b) (i) Except under Subsection (1)(b)(ii), "protected area" also includes any area that is1,000 feet or less from the residence of a victim of the sex offender's offense under Subsection(1)(c) if:
(A) the sex offender is on probation or parole for an offense under Subsection (1)(c);
(B) the victim or the victim's parent or guardian has advised the Department ofCorrections that the victim desires that the sex offender be restricted from the area under thisSubsection (1)(b)(i) and authorizes the Department of Corrections to advise the sex offender ofthe area where the victim resides for purposes of this Subsection (1)(b); and
(C) the Department of Corrections has notified the sex offender in writing that the sexoffender is prohibited from being in the protected area under Subsection (1)(b)(i) and has alsoprovided a description of the location of the protected area to the sex offender.
(ii) "Protected area" under Subsection (1)(b)(i) does not apply to the residence and areasurrounding the residence of a victim if:
(A) the victim is a member of the immediate family of the sex offender; and
(B) the terms of the sex offender's agreement of probation or parole allow the sexoffender to reside in the same residence as the victim.
(c) "Sex offender" means an adult or juvenile who is required to register under Section77-27-21.5 due to a conviction for any offense that is committed against a person younger than18 years of age.
(2) It is a class A misdemeanor for any sex offender to be in any protected area on foot orin or on any vehicle, including vehicles that are not motorized, except for:
(a) those specific periods of time when the sex offender must be present within aprotected area in order to carry out necessary parental responsibilities;
(b) when the protected area is a school building:
(i) under Subsection (1)(a)(iii);
(ii) being opened for or being used for a public activity; and
(iii) not being used for any school-related function that involves persons younger than 18years of age; or
(c) when the protected area is a licensed day care or preschool facility:
(i) under Subsection (1)(a)(i); and
(ii) located within a building that is open to the public for purposes, services, orfunctions that are operated separately from the day care or preschool facility located in thebuilding, except that the sex offender may not be in any part of the building occupied by the daycare or preschool facility.
Enacted by Chapter 350, 2007 General Session