2009 Louisiana Laws TITLE 14 Criminal law :: RS 14:91.2 Unlawful presence of a sex offender

§91.2.  Unlawful presence of a sex offender

A.  The following acts when committed by a person convicted of a sex offense as defined in R.S. 15:541 when the victim is under the age of thirteen years shall constitute the crime of unlawful residence or presence of a sex offender:

(1)  The physical presence of the offender in, on, or within one thousand feet of the school property of any public or private elementary or secondary school or the physical presence in any motor vehicle or other means of conveyance owned, leased, or contracted by such school to transport students to or from school or a school-related activity when persons under the age of eighteen years are present on the school property or in a school vehicle.

(2)  The offender establishing a residence within one thousand feet of any public or private elementary or secondary school.

(3)  The physical presence of the offender in, on, or within one thousand feet of a public park or recreational facility.

(4)  The offender establishing a residence within one thousand feet of any public park or recreational facility.

B.  The following acts, when committed by a person convicted of an aggravated offense as defined in R.S. 15:541(2) when the victim is under the age of thirteen years, shall constitute the crime of unlawful residence or presence of a sex offender:

(1)  The physical presence of the offender in, on, or within one thousand feet of a day care center, group home, residential home, or child care facility as defined in R.S. 46:1403, or a family child day care home as defined in R.S. 46:1441.1.

(2)  The establishment of a residence within one thousand feet of any day care center, group home, residential home, or child care facility as defined in R.S. 46:1403, a family child day care home as defined in R.S. 46:1441.1, playground, public or private youth center, public swimming pool, or free standing video arcade facility.

C.(1)  It shall not be a violation of the provisions of this Section if the offender has permission to be present on school premises from the superintendent of the school board in the case of a public school or the principal or headmaster in the case of a private school.

(2)  If permission is granted to an offender to be present on public school property by the superintendent for that public school pursuant to this Subsection, then the superintendent shall notify the principal at least twenty-four hours in advance of the visit by the offender.  This notification shall include the nature of the visit and the date and time in which the sex offender will be present in the school.  The offender shall notify the office of the principal upon arrival on the school property and upon departing from the school.  If the offender is to be present in the vicinity of children, the offender shall remain under the direct supervision of a school official.

(3)  Any superintendent, principal, or school master who acts in good faith in compliance with this Subsection shall be immune from civil or criminal liability for his actions in connection with any injury or claim arising from an offender being present on school property pursuant to permission granted by that superintendent, principal, or school master.

D.  For purposes of this Section:

(1)  "School property" means any property used for school purposes, including but not limited to school buildings, playgrounds, and parking lots.

(2)  "Public park or recreational facility" means any building or area owned by the state or by a political subdivision which is open to the public and used or operated as a park or recreational facility and shall include all parks and recreational areas administered by the office of state parks in the Department of Culture, Recreation and Tourism.

E.  Whoever violates the provisions of this Section shall be fined not more than one thousand dollars, imprisoned with or without hard labor for not more than one year, or both.

Acts 2006, No. 40, §1; Acts 2009, No. 210, §1, eff. Sept. 1, 2009.