A. It is unlawful for any person registered pursuant to the Sex Offenders Registration Act to reside, either temporarily or permanently, within a two-thousand-foot radius of any public or private school site, educational institution, property or campsite used by an organization whose primary purpose is working with children, a playground or park that is established, operated or supported in whole or in part by a homeowners' association or a city, town, county, state, federal or tribal government, a licensed child care center or family child care home as defined in the Oklahoma Child Care Facilities Licensing Act or the residence of his or her victim. Establishment of a licensed child care center, family child care home or park in the vicinity of the residence of a registered sex offender will not require the relocation of the sex offender or the sale of the property. On June 7, 2006, the distance indicated in this section shall be measured from the nearest property line of the residence of the person to the nearest property line of the public or private school site, educational institution, property or campsite used by an organization whose primary purpose is working with children, playground, park, licensed child care center, family child care home or residence of his or her victim; provided, any nonprofit organization established and housing sex offenders prior to the effective date of this provision shall be allowed to continue its operation.
Nothing in this provision shall require any person to sell or otherwise dispose of any real estate or home acquired or owned prior to the conviction of the person as a sex offender.
B. It shall be unlawful for any person who is required to register pursuant to the Sex Offenders Registration Act for any offense in which a minor child was the victim to reside with a minor child or establish any other living accommodation where a minor child resides. Provided, however, the person may reside with a minor child if the person is the parent, stepparent or grandparent of the minor child and the minor child was not the victim of the offense for which the person is required to register. Any person subject to the provisions of the Sex Offenders Registration Act who resides with a minor child must report to the statewide centralized hotline of the Department of Human Services the name and date of birth of any and all minor children residing in the same household and the offenses for which the person is required to register pursuant to the Sex Offenders Registration Act within three (3) days of intent to reside with a minor child.
Nothing in the provisions of this subsection shall prevent the Department of Human Services from conducting and completing a safety evaluation when a registered sex offender resides in the home of a minor child.
C. The provisions of this section shall not apply to any registered sex offender residing in a hospital or other facility certified or licensed by the State of Oklahoma to provide medical services.
D. Any person willfully violating the provisions of this section by:
1. Intentionally moving into any neighborhood or to any real estate or home within the prohibited distance; or
2. Intentionally moving into a residence with a minor child or establishing any other living accommodation where a minor child resides as specified in subsection B of this section,
shall, upon conviction, be guilty of a felony punishable by a fine not to exceed Three Thousand Dollars ($3,000.00), or by imprisonment in the custody of the Department of Corrections for a term of not less than one (1) year nor more than three (3) years, or by both such fine and imprisonment. Any person convicted of a second or subsequent violation of this section shall be punished by a fine not to exceed Three Thousand Dollars ($3,000.00), or by imprisonment in the custody of the Department of Corrections for a term of not less than three (3) years, or by both such fine and imprisonment.
Added by Laws 2003, c. 223, § 1, eff. Nov. 1, 2003. Amended by Laws 2006, c. 284, § 11, emerg. eff. June 7, 2006; Laws 2007, c. 261, § 29, eff. Nov. 1, 2007; Laws 2008, c. 347, § 2, eff. Nov. 1, 2008; Laws 2010, c. 136, § 2, eff. Nov. 1, 2010; Laws 2012, c. 281, § 1, eff. Nov. 1, 2012; Laws 2015, c. 270, § 2, eff. Nov. 1, 2015; Laws 2017, c. 224, § 3, eff. Nov. 1, 2017; Laws 2018, c. 38, § 3, eff. Nov. 1, 2018; Laws 2018, c. 145, § 1, eff. Nov. 1, 2018; Laws 2019, c. 205, § 2, eff. Nov. 1, 2019.
NOTE: Laws 2006, c. 294, § 13 repealed by Laws 2007, c. 1, § 43, emerg. eff. Feb. 22, 2007.