O.C.G.A. § 42-1-17
Copyright 2012 by The State of Georgia
All rights reserved.
*** Current through the 2012 Regular Session ***
TITLE 42. PENAL INSTITUTIONS
CHAPTER 1. GENERAL PROVISIONS
ARTICLE 2. SEXUAL OFFENDER REGISTRATION REVIEW BOARD
O.C.G.A. § 42-1-17 (2012)
§ 42-1-17. Definitions; residency restrictions for sexual offenders; penalties
(a) As used in this Code section, the term:
(1) "Area where minors congregate" shall include all public and private parks and recreation facilities, playgrounds, skating rinks, neighborhood centers, gymnasiums, and similar facilities providing programs or services directed towards persons under 18 years of age.
(2) "Child care facility" means all public and private pre-kindergarten facilities, day-care centers, and preschool facilities.
(3) "Individual" means a person who is required to register pursuant to Code Section 42-1-12.
(4) "Lease" means a right of occupancy pursuant to a written and valid lease or rental agreement.
(5) "Minor" means any person who is under 18 years of age.
(b) Any individual who committed an act between June 4, 2003, and June 30, 2006, for which such individual is required to register shall not reside within 1,000 feet of any child care facility, school, or area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property on which the individual resides to the outer boundary of the property of the child care facility, school, or area where minors congregate at their closest points.
(c) (1) If an individual owns or leases real property and resides on such property and a child care facility, school, or area where minors congregate thereafter locates itself within 1,000 feet of such property, such individual shall not be guilty of a violation of subsection (b) of this Code section if such individual successfully complies with subsection (d) of this Code section.
(2) An individual owning or leasing real property and residing on such property within 1,000 feet of a prohibited location, as specified in subsection (b) of this Code section, shall not be guilty of a violation of this Code section if such individual had established such property ownership or leasehold prior to June 4, 2003, and such individual successfully complies with subsection (d) of this Code section.
(d) (1) If an individual is notified that he or she is in violation of subsection (b) of this Code section, and if such individual claims that he or she is exempt from such prohibition pursuant to subsection (c) of this Code section, such individual shall provide sufficient proof demonstrating his or her exemption to the sheriff of the county where the individual is registered within ten days of being notified of any such violation.
(2) For purposes of providing proof of residence, the individual may provide a driver's license, government issued identification, or any other documentation evidencing where the individual's habitation is fixed. For purposes of providing proof of property ownership, the individual shall provide a copy of his or her warranty deed, quitclaim deed, or voluntary deed, or other documentation evidencing property ownership.
(3) For purposes of providing proof of a leasehold, the individual shall provide a copy of the applicable lease agreement. Leasehold exemptions shall only be for the duration of the executed lease.
(4) Documentation provided pursuant to this subsection may be required to be date specific, depending upon the individual's exemption claim.
(e) Any individual who knowingly violates this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years.
(f) Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or result in criminal prosecution of any person, firm, corporation, partnership, trust, or association other than an individual required to be registered under Code Section 42-1-12.
HISTORY: Code 1981, § 42-1-17, enacted by Ga. L. 2010, p. 168, § 14/HB 571.