O.C.G.A. § 42-1-16 — Deﬁnitions; employment 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, school bus stops, and public and community swimming pools. (2) “Individual” means a person who is required to register pursuant to Code Section 42-1-12. (3) “Lease” means a right of occupancy pursuant to a written and valid lease or rental agreement. (4) “Minor” means any person who is under 18 years of age. (b) Any individual who committed an act between July 1, 2006, and June 30, 2008, for which such individual is required to register shall not reside within 1,000 feet of any child care facility, church, 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, church, school, or area where minors congregate at their closest points. (c)(1) Any individual who committed an act between July 1, 2006, and June 30, 2008, for which such individual is required to register shall not be employed by any child care facility, school, or church or by or at any business or entity that is located within 1,000 feet of a 152 42-1-16 child care facility, a school, or a church. Such distance shall be determined by measuring from the outer boundary of the property of the location at which such individual is employed to the outer boundary of the child care facility, school, or church at their closest points. (2) Any individual who committed an act between July 1, 2006, and June 30, 2008, for which such individual is required to register who is a sexually dangerous predator shall not be employed by any business or entity that is located within 1,000 feet of an area where minors congregate. Such distance shall be determined by measuring from the outer boundary of the property of the location at which the sexually dangerous predator is employed to the outer boundary of the area where minors congregate at their closest points. (d) Notwithstanding any ordinance or resolution adopted pursuant to Code Section 16-6-24 or subsection (d) of Code Section 16-11-36, it shall be unlawful for any individual to loiter, as prohibited by Code Section 16-11-36, at any child care facility, school, or area where minors congregate. (e)(1) If an individual owns or leases real property and resides on such property and a child care facility, church, school, or area where minors congregate thereafter locates itself within 1,000 feet of such property, or if an individual has established employment at a location and a child care facility, church, or school thereafter locates itself within 1,000 feet of such employment, or if a sexual predator has established employment and an area where minors congregate thereafter locates itself within 1,000 feet of such employment, such individual shall not be guilty of a violation of subsection (b) or (c) of this Code section, as applicable, if such individual successfully complies with subsection (f) of this Code section. (2) An individual owning or leasing real property and residing on such property or being employed within 1,000 feet of a prohibited location, as speciﬁed in subsection (b) or (c) of this Code section, shall not be guilty of a violation of this Code section if such individual had established such property ownership, leasehold, or employment prior to July 1, 2006, and such individual successfully complies with subsection (f) of this Code section. (f)(1) If an individual is notiﬁed that he or she is in violation of subsection (b) or (c) of this Code section, and if such individual claims that he or she is exempt from such prohibition pursuant to subsection (e) 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. 153 42-1-17 (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) For purposes of providing proof of employment, the individual may provide an Internal Revenue Service Form W-2, a pay check, or a notarized veriﬁcation of employment from the individual’s employer, or other documentation evidencing employment. Such employment documentation shall evidence the location in which such individual actually carries out or performs the functions of his or her job. (5) Documentation provided pursuant to this subsection may be required to be date speciﬁc, depending upon the individual’s exemption claim. (g) Any individual who knowingly violates this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than ten nor more than 30 years. (h) 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, § 42-1-16, enacted by Ga. L. 2010, p. 168, § 14/HB 571. 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, child care learning centers, and preschool facilities. 154 42-1-17 (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 155 42-1-18 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; Ga. L. 2013, p. 135, § 12/HB 354.