{
 "citation": "14:91.2",
 "heading": "Unlawful presence of a sex offender",
 "doc_id": "78709",
 "source_url": "https://legis.la.gov/legis/Law.aspx?d=78709",
 "classification": "F",
 "enacted_year": "2006",
 "last_amended_year": "2025",
 "penalties": [
  {
   "subsection": "F",
   "text": "Whoever violates the provisions of this Section shall be fined not more than one thousand dollars, imprisoned with or without hard labor for not more than one year, or both.",
   "los_min": "0",
   "los_max": "1Y",
   "hard_labor": "W/WO",
   "benefits": "",
   "death": false,
   "condition": ""
  }
 ],
 "referenced_statutes": [
  "14:81.1",
  "15:541",
  "17:407.33",
  "17:407.61",
  "46:1403"
 ],
 "text": "RS 14:91.2\n\n\u00a791.2. Unlawful presence of a sex offender\n\nA. The following acts when committed by a person convicted of a sex offense as\ndefined in R.S. 15:541 when the victim is under the age of thirteen years shall constitute the\ncrime of unlawful residence or presence of a sex offender:\n\n(1) The physical presence of the offender in, on, or within one thousand feet of the\nschool property of any public or private elementary or secondary school or the physical\npresence in any motor vehicle or other means of conveyance owned, leased, or contracted by\nsuch school to transport students to or from school or a school-related activity when persons\nunder the age of eighteen years are present on the school property or in a school vehicle.\n\n(2) The offender establishing a residence within one thousand feet of any of the\nfollowing:\n\n(a) Public or private elementary or secondary school.\n\n(b) Early learning center as defined by R.S. 17:407.33.\n\n(c) Residence in which child care services are provided by a family child care\nprovider or in-home provider who is registered pursuant to R.S. 17:407.61 et seq.\n\n(d) Residential home as defined by R.S. 46:1403.\n\n(3) The physical presence of the offender in, on, or within one thousand feet of any\nof the following:\n\n(a) Public park or recreational facility.\n\n(b) Early learning center as defined by R.S. 17:407.33.\n\n(c) Residence in which child care services are provided by a family child care\nprovider or in-home provider who is registered pursuant to R.S. 17:407.61 et seq.\n\n(d) Residential home as defined by R.S. 46:1403.\n\n(4) The offender establishing a residence within one thousand feet of any public park\nor recreational facility.\n\n(5) The physical presence of the offender in or on public library property.\n\n(6) Loitering within one thousand feet of public library property.\n\n(7)(a) Loitering between the hours of 6:00 a.m. and 9:00 a.m. or 2:00 p.m. and 5:00\np.m. within five hundred feet of a location that is commonly used for the pickup or drop off\nof children for school or a school-related activity when a child is present and the offender has\nreasonable grounds to believe that a child or children are awaiting pickup or drop off from\nschool or a school-related activity.\n\n(b) For the purposes of this Paragraph, \"reasonable grounds\" includes but is not\nlimited to attire of the child or children, personal items or effects, school supplies, athletic\nequipment, or the time of day.\n\nB. The following acts, when committed by a person convicted of either an\naggravated offense as defined in R.S. 15:541 when the victim is under the age of fifteen years\nor child sexual abuse materials as defined in R.S. 14:81.1 when the victim is under the age\nof fifteen years, shall constitute the crime of unlawful residence or presence of a sex\noffender:\n\n(1) The physical presence of the offender in, on, or within one thousand feet of any\nof the following:\n\n(a) Early learning center as defined by R.S. 17:407.33.\n\n(b) Residence in which child care services are provided by a family child care\nprovider or in-home provider who is registered pursuant to R.S. 17:407.61 et seq.\n\n(c) Residential home as defined by R.S. 46:1403.\n\n(2) The establishment of a residence within one thousand feet of any of the\nfollowing:\n\n(a) Early learning center as defined by R.S. 17:407.33.\n\n(b) Residence in which child care services are provided by a family child care\nprovider or in-home provider who is registered pursuant to R.S. 17:407.61 et seq.\n\n(c) Residential home as defined by R.S. 46:1403.\n\n(d) Playground.\n\n(e) Public or private youth center.\n\n(f) Public swimming pool.\n\n(g) Free standing video arcade facility.\n\nC.(1) It shall not be a violation of the provisions of this Section if the offender has\npermission to be present on school premises from the superintendent of the school board in\nthe case of a public school or the principal or headmaster in the case of a private school.\n\n(2) If permission is granted to an offender to be present on public school property by\nthe superintendent for that public school pursuant to this Subsection, then the superintendent\nshall notify the principal at least twenty-four hours in advance of the visit by the offender. \nThis notification shall include the nature of the visit and the date and time in which the sex\noffender will be present in the school. The offender shall notify the office of the principal\nupon arrival on the school property and upon departing from the school. If the offender is\nto be present in the vicinity of children, the offender shall remain under the direct supervision\nof a school official.\n\n(3) Any superintendent, principal, or school master who acts in good faith in\ncompliance with this Subsection shall be immune from civil or criminal liability for his\nactions in connection with any injury or claim arising from an offender being present on\nschool property pursuant to permission granted by that superintendent, principal, or school\nmaster.\n\nD.(1) It shall not be a violation of this Section if the offender has complied with all\nregulations of the governing board of the public library that restrict access of sex offenders\nto public library property.\n\n(2) By January 1, 2013, each governing board of a public library shall develop and\nimplement a plan to regulate access of sex offenders to the public library property under its\njurisdiction.\n\n(3) Each governing board of a public library shall tailor its regulations to reasonably\nrestrict the time, place, and manner of access to public library property and shall narrowly\ntailor the regulations to serve the significant governmental interest of protecting children\nfrom contact with sex offenders.\n\n(4) The State Library of Louisiana shall provide technical assistance in the\ndevelopment of the regulations by the governing boards. Such assistance shall guide the\ngoverning boards to develop, to the extent practicable, regulations that are uniform and\nensure fair and consistent application across jurisdictions.\n\n(5) Any public servant, including any head librarian, member of a governing board\nof a public library, staff and volunteers of a public library, and the state of Louisiana, who\nacts in good faith in compliance with this Subsection shall be immune from civil and\ncriminal liability for his actions in connection with any injury or claim arising from a sex\noffender being present on public library property.\n\n(6) Nothing in this Subsection shall prevent a public library from adopting a total ban\non a sex offender's access to public library property, provided that the governing board\ncomplies with the criteria set forth in Paragraph (3) of this Subsection.\n\n(7) No provision of this Subsection shall apply when the sex offender is reporting\nto a police station or a court house which is within the distance specified herein from a\nlibrary.\n\nE. For purposes of this Section:\n\n(1) \"Governing board of the public library\" means a library board of control or other\npublic body responsible for the operations of a public library.\n\n(2) \"Loitering\" means to linger, remain, or prowl in a public place or on the premises\nof another for a protracted period of time without lawful business or reason to be present.\n\n(3) \"Public library\" means a parish or municipal library provided for by Chapter 3\nof Title 25 of the Louisiana Revised Statutes of 1950.\n\n(4) \"Public library property\" means immovable property that is open to the public\nand is used as a branch of a parish or municipal public library, including any courtyard or\nparking lot that is under the direct and exclusive control of the public library.\n\n(5) \"Public park or recreational facility\" means any building or area owned by the\nstate or by a political subdivision that is open to the public and used or operated as a park or\nrecreational facility and shall include all parks and recreational areas administered by the\noffice of state parks in the Department of Culture, Recreation and Tourism.\n\n(6) \"School property\" means any property used for school purposes, including but\nnot limited to school buildings, playgrounds, and parking lots.\n\nF. Whoever violates the provisions of this Section shall be fined not more than one\nthousand dollars, imprisoned with or without hard labor for not more than one year, or both.\n\nActs 2006, No. 40, \u00a71; Acts 2009, No. 210, \u00a71, eff. Sept. 1, 2009; Acts 2012, No.\n191, \u00a71; Acts 2012, No. 693, \u00a71, eff. Jan. 1, 2013; Acts 2018, No. 5, \u00a71; Acts 2024, No. 651,\n\u00a71; Acts 2025, No. 142, \u00a71; Acts 2025, No. 261, \u00a71."
}