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2018 Georgia Code 42-1-17 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 42-1-17 Case Law from Google Scholar Amendments to OCGA 42-1-17

TITLE 42 PENAL INSTITUTIONS

Section 1. General Provisions, 42-1-1 through 42-1-19.

ARTICLE 2 SEXUAL OFFENDER REGISTRATION REVIEW BOARD

42-1-17. Definitions; residency restrictions for sexual offenders; penalties.

  1. 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.
    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.
  2. 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.
    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.
    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.
  5. 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.
  6. 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.

(Code 1981, §42-1-17, enacted by Ga. L. 2010, p. 168, § 14/HB 571; Ga. L. 2013, p. 135, § 12/HB 354.)

The 2013 amendment, effective July 1, 2013, substituted "child care learning centers" for "day-care centers" near the end of paragraph (a)(2).

JUDICIAL DECISIONS

Failure of homeless to register.

- Defendant's conviction under O.C.G.A. § 42-1-12 for failing to register as a sex offender was reversed because the record showed that the state has never contested the evidence showing the defendant's homeless status nor had the state ever alleged, either in the indictment or at trial, that, despite the defendant's homelessness, the defendant had a street or route address which the defendant failed to register with the sheriff's office. Chestnut v. State, 331 Ga. App. 69, 769 S.E.2d 779 (2015).

Cases Citing O.C.G.A. § 42-1-17

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Gregory v. Sexual Offender Reg. Review Bd., 298 Ga. 675 (Ga. 2016).

Cited 14 times | Published | Supreme Court of Georgia | Mar 21, 2016 | 784 S.E.2d 392

...facility, church, school, or areas where minors congregate at their closest points. See also OCGA §§ 42-1-16 (b) (residency restriction for individuals required to register by virtue of acts committed between July 1, 2006 and June 30, 2008), 42-1-17 (b) (residency restriction for individuals required to register by virtue of acts committed between June 4, 2003 and June 30, 2006). 13 OCGA § 42-1-15 (c) (1) provides: On and after July 1, 2008, no individual [requir...