13-3727. Unlawful residency; persons convicted of criminal offenses; exceptions; preemption; classification

A. It is unlawful for a person who has been convicted of a dangerous crime against children as defined in section 13-705, or who has been convicted of an offense committed in another jurisdiction that if committed in this state would be a dangerous crime against children as defined in section 13-705, and who is required to register pursuant to section 13-3821 to:

1. If the person is classified as a level three offender pursuant to section 13-3825, reside within one thousand feet of the real property comprising any of the following:

(a) A private school, as defined in section 15-101, or a public school that provides instruction in kindergarten programs and any combination of kindergarten programs and grades one through eight.

(b) A private school, as defined in section 15-101, or a public school that provides instruction in any combination of grades nine through twelve.

(c) A child care facility as defined in section 36-881.

2. Knowingly establish a residence and reside within one thousand feet of the real property on which the person's former victim resides.

3. Establish a residence and reside within one thousand feet of the real property on which the person's former victim resides.

B. Subsection A, paragraph 1 of this section does not apply to any of the following:

1. A person who establishes the person's residence before September 19, 2007 or before a new school or child care facility is located.

2. A person who is a minor.

3. A person who is currently serving a term of probation.

4. A person who has had the person's civil rights restored pursuant to chapter 9 of this title.

5. A person who has not been convicted of a subsequent offense in the previous ten years, excluding any time the person was incarcerated in any federal, state, county or local jail or prison facility.

C. Subsection A, paragraphs 2 and 3 of this section do not apply to:

1. A person who is required to register pursuant to section 13-3821, subsection A, paragraph 19.

2. A person who receives written consent to establish the residence from the victim or, if the victim is a minor, from the parent or guardian of the minor unless the parent or guardian of the minor is the person who was convicted.

D. It is a defense to a prosecution for a violation of subsection A, paragraph 3 of this section if the person established the residence without knowledge that the victim resided within one thousand feet, the person moved within thirty days after receiving actual knowledge of the victim's residence and the person did not have contact with the victim during that thirty-day period.

E. Notwithstanding any other law and as a matter of statewide concern, a county, city or town shall not enact an ordinance that provides for distance restrictions greater than those found in this section.

F. For the purposes of this section, measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing the person's residence to the nearest point on the property line of a parcel containing a child care facility or a school or on which the person's former victim resides.

G. A person who violates this section is guilty of a class 1 misdemeanor, except that a person who commits a second or subsequent violation of subsection A, paragraph 2 or 3 of this section is guilty of a class 6 felony.