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Louisiana Revised Statutes Tit. 14, § 91.1. Unlawful presence of a sexually violent predator

Current as of January 01, 2023 | Updated by Findlaw Staff

A. Unlawful presence of a sexually violent predator is any of the following:

(1) The physical presence of a sexually violent predator on the school property of any public or private, elementary or secondary school, or in any motor vehicle or other means of conveyance owned, leased, or contracted by such school to transport students to or from school or a school-related activity when persons under the age of eighteen years are present on the school property or in a school vehicle.

(2) The physical residing of a sexually violent predator within one thousand feet of any of the following:

(a) Public or private elementary or secondary school.

(b) Early learning center as defined by R.S. 17:407.33.

(c) Residence in which child care services are provided by a family child care provider or in-home provider who is registered pursuant to R.S. 17:407.61 et seq.

(d) Residential home as defined by R.S. 46:1403.

(e) Playground.

(f) Public or private youth center.

(g) Public swimming pool.

(h) Free standing video arcade facility.

(3)(a) Loitering between the hours of 6:00 a.m. and 9:00 a.m. or 2:00 p.m. and 5:00 p.m. within five hundred feet of a location that is commonly used for the pickup or drop-off of children for school or a school-related activity when a child is present and the offender has reasonable grounds to believe that a child or children are awaiting pickup or drop off from school or a school-related activity.

(b) For the purposes of this Paragraph, “reasonable grounds” includes but is not limited to attire of the child or children, personal items or effects, school supplies, athletic equipment, or the time of day.

B. It shall not be a violation of Paragraph (A)(1) of this Section if the offender has permission to be present from the superintendent of the school board in the case of a public school or the principal or headmaster in the case of a private school.

C. If permission is granted to an offender to be present on public school property by the superintendent for that public school pursuant to Subsection B of this Section, then the superintendent shall notify the principal at least twenty-four hours in advance of the visit by the offender. This notification shall include the nature of the visit and the date and time in which the sex offender will be present in the school. The offender shall notify the office of the principal upon arrival on the school property and upon departing from the school. If the offender is to be present in the vicinity of children, the offender shall remain under the direct supervision of a school official.

D. For the purposes of this Section:

(1) “Loitering” means lingering, remaining, or prowling in a public place or on the premises of another for a protracted period of time without lawful business or reason to be present.

(2) “School property” means any property used for school purposes, including but not limited to school buildings, playgrounds, and parking lots.

(3) “Sexually violent predator” means a person defined as such in accordance with the provisions of Chapter 3-D of Title 15 of the Louisiana Revised Statutes of 1950.

E. Whoever violates the provisions of this Section shall be fined not more than one thousand dollars, imprisoned for not more than six months, or both.

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Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 14, § 91.1. Unlawful presence of a sexually violent predator - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-14-sect-91-1/

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