17.545 Registrant prohibited from residing or being present in certain areas --
797 words·~4 min read·
/ky/17-545A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Violations -- Exception.
(1)No registrant, as defined in KRS 17.500, shall reside within one thousand (1,000)
feet of a high school, middle school, elementary school, preschool, publicly owned
or leased playground, or licensed day care facility. The measurement shall be taken
in a straight line from the nearest property line to the nearest property line of the
registrant's place of residence.
(a)No registrant, as defined in KRS 17.500, nor any person residing outside of
Kentucky who would be required to register under KRS 17.510 if the person
resided in Kentucky, shall be on, loiter within one thousand (1,000) feet of, or
work in or operate any mobile business within one thousand (1,000) feet of
the clearly defined grounds of a high school, middle school, elementary
school, preschool, publicly owned or leased playground, licensed day care
facility, publicly owned or leased swimming pool, or splash pad as defined in
KRS 211.205, except with the advance written permission of the school
principal, the school board, the local legislative body with jurisdiction over
the publicly owned or leased playground, publicly owned or leased swimming
pool, or splash pad, or the day care director that has been given after full
disclosure of the person's status as a registrant or sex offender from another
state and all registrant information as required in KRS 17.500.
(b)As used in this subsection:
1. "Local legislative body" means the chief governing body of a city,
county, urban-county government, consolidated local government,
charter county government, or unified local government that has
legislative powers;
2. "Loiter" includes remaining in or about the clearly defined grounds of a
location described in paragraph
(a)of this subsection, while not having
any reason or relationship involving custody of or responsibility for a
minor or any other specific legitimate reason for being there; and
3. "Mobile business" means any business that operates from a motor
vehicle or wheeled cart that can be operated, pushed, or pulled on a
sidewalk, street, or highway where food, goods, or services are
prepared, processed, or sold or dispensed to the public.
(c)The measurement in paragraph
(a)of this subsection shall be taken in a
straight line from the nearest property line.
(3)For purposes of this section:
(a)The registrant shall have the duty to ascertain whether any property listed in
subsection
(1)of this section is within one thousand (1,000) feet of the
registrant's residence; and
(b)If a new facility opens, the registrant shall be presumed to know and, within
ninety
(90)days, shall comply with this section.
(a)Except as provided in paragraph
(b)of this subsection, no registrant who is
eighteen
(18)years of age or older and has committed a criminal offense
against a victim who is a minor shall have the same residence as a minor.
(b)A registrant who is eighteen
(18)years of age or older and has committed a
criminal offense against a victim who is a minor may have the same residence
as a minor if the registrant is the spouse, parent, grandparent, stepparent,
sibling, stepsibling, or court-appointed guardian of the minor, unless the
spouse, child, grandchild, stepchild, sibling, stepsibling, or ward was a victim
of the registrant.
(c)This subsection shall not operate retroactively and shall apply only to a
registrant that committed a criminal offense against a victim who is a minor
after July 14, 2018.
(5)Any person who violates subsection
(1)or
(4)of this section shall be guilty of:
(a)A Class A misdemeanor for a first offense; and
(b)A Class D felony for the second and each subsequent offense.
(6)Any registrant residing within one thousand (1,000) feet of a high school, middle
school, elementary school, preschool, publicly owned playground, or licensed day
care facility on July 12, 2006, shall move and comply with this section within
ninety
(90)days of July 12, 2006, and thereafter, shall be subject to the penalties set
forth under subsection
(5)of this section.
(7)The prohibition against a registrant:
(a)Residing within one thousand (1,000) feet of a publicly leased playground as
outlined in subsection
(1)of this section; or
(b)Being on the grounds of a publicly leased playground as outlined in
subsection
(2)of this section;
shall not operate retroactively.
(8)The prohibition against a registrant loitering or working in or operating any mobile
business within one thousand (1,000) feet of a high school, middle school,
elementary school, preschool, publicly owned or leased playground, licensed day
care facility, publicly owned or leased swimming pool, or splash pad as defined in
KRS 211.205 shall not operate retroactively.
(9)This section shall not apply to a youthful offender probated or paroled during his or
her minority or while enrolled in an elementary or secondary education program.