KRS § 17.545 — KY Code / Title III / Chapter 17 / Section 17.545
17.545 Registrant prohibited from residing or being present in certain areas -- Violations -- Exception
Status: in_force

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.