KRS § 17.545 Registrant prohibited from residing or being present in certain areas -- Violations -- Exception.

17.545 Registrant prohibited from residing or being present in certain areas -- 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. (2) (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. (4) (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. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 109, sec. 1, effective June 29, 2023. -- Amended 2020 Ky. Acts ch. 23, sec. 1, effective July 15, 2020. -- Amended 2018 Ky. Acts ch. 181, sec. 1, effective July 14, 2018. -- Amended 2017 Ky. Acts ch. 76, sec. 1, effective June 29, 2017. -- Amended 2009 Ky. Acts ch. 38, sec. 2, effective June 25, 2009. -- Repealed, reenacted, and amended 2006 Ky. Acts ch. 182, sec. 3, effective July 12, 2006. -- Amended 2004 Ky. Acts ch. 160, sec. 9, effective July 13, 2004. -- Created 2000 Ky. Acts ch. 401, sec. 29, effective April 11, 2000. Formerly codified as KRS 17.495. Legislative Research Commission Note (6/25/2009). A reference in subsection (5) of this statute to "subsection (3) of this section" has been changed in codification to "subsection (4) of this section" to accurately reflect the renumbering of subsections of this statute in 2009 Ky. Acts ch. 38, sec 2.