2025 Georgia Codes – Page 401

42-1-12

Sex offender registration

42-1-15

Sex offender residence and loitering restrictions [acts committed after July 1, 2008]

Sex offender residence and loitering restrictions [2008 - Present]

(a) As used in this Code section, the term:
(1) “Individual” means a person who is required to register pursuant to Code Section 42-1-12.
(2) “Lease” means a right of occupancy pursuant to a written and valid lease or rental agreement.
(3) “Minor” means any person who is under 18 years of age.
(4) “V olunteer” means to engage in an activity in which one could be, and ordinarily would be, employed
for compensation, and which activity involves working with, assisting, or being engaged in activities with
minors; provided, however, that such term shall not include participating in activities limited to persons
who are 18 years of age or older or participating in worship services or engaging in religious activities or
activities at a place of worship that do not include supervising, teaching, directing, or otherwise participat-
ing with minors who are not supervised by an adult who is not an individual required to register pursuant to
Code Section 42-1-12.
(b) On and after July 1, 2008, no individual shall reside within 1,000 feet of any child care facility, church,
school, or area where minors congregate if the commission of the act for which such individual is required
to register occurred on or after July 1, 2008. Such distance shall be determined by measuring from the outer
boundary of the property on which the individual resides to the outer boundary of the property of the child
care facility, church, school, or area where minors congregate at their closest points.
(c)(1) On and after July 1, 2008, no individual shall be employed by or volunteer at any child care facility,
school, or church or by or at any business or entity that is located within 1,000 feet of a child care facility,
a school, or a church if the commission of the act for which such individual is required to register occurred
on or after July 1, 2008. Such distance shall be determined by measuring from the outer boundary of the
property of the location at which such individual is employed or volunteers to the outer boundary of the
child care facility, school, or church at their closest points.
(2) On or after July 1, 2008, no individual who is a sexually dangerous predator shall be employed by or
volunteer at any business or entity that is located within 1,000 feet of an area where minors congregate if
the commission of the act for which such individual is required to register occurred on or after July 1, 2008.
Such distance shall be determined by measuring from the outer boundary of the property of the location at
which the sexually dangerous predator is employed or volunteers to the outer boundary of the area where
minors congregate at their closest points.
(d) Notwithstanding any ordinance or resolution adopted pursuant to Code Section 16-6-24 or subsection
(d) of Code Section 16-11-36, it shall be unlawful for any individual or for any person who is or should be
registered on another state’s sexual offender registry to loiter, as prohibited by Code Section 16-11-36, at any
child care facility, school, or area where minors congregate.
(e)(1) If an individual owns or leases real property and resides on such property and a child care facil-
ity, church, school, or area where minors congregate thereafter locates itself within 1,000 feet of such
property, or if an individual has established employment at a location and a child care facility, church, or
school thereafter locates itself within 1,000 feet of such employment, or if a sexual predator has estab-
lished employment and an area where minors congregate thereafter locates itself within 1,000 feet of such
employment, such individual shall not be guilty of a violation of subsection (b) or (c) of this Code section,
as applicable, if such individual successfully complies with subsection (f) of this Code section.
(2) An individual owning or leasing real property and residing on such property or being employed within
1,000 feet of a prohibited location, as specified in subsection (b) or (c) of this Code section, shall not be
guilty of a violation of this Code section if such individual had established such property ownership, lease-
hold, or employment prior to July 1, 2008, and such individual successfully complies with subsection (f) of
this Code section.
(f)(1) If an individual is notified that he or she is in violation of subsection (b) or (c) of this Code section, and
if such individual claims that he or she is exempt from such prohibition pursuant to subsection (e) of this
Code section, such individual shall provide sufficient proof demonstrating his or her exemption to the sher-
iff of the county where the individual is registered within ten days of being notified of any such violation.
(2) For purposes of providing proof of residence, the individual may provide a driver’s license, government
issued identification, or any other documentation evidencing where the individual’s habitation is fixed. For
purposes of providing proof of property ownership, the individual shall provide a copy of his or her war-
ranty deed, quitclaim deed, or voluntary deed, or other documentation evidencing property ownership.
(3) For purposes of providing proof of a leasehold, the individual shall provide a copy of the applicable lease
agreement. Leasehold exemptions shall only be for the duration of the executed lease.
(4) For purposes of providing proof of employment, the individual may provide an Internal Revenue Service
Form W-2, a pay check, or a notarized verification of employment from the individual’s employer, or other
documentation evidencing employment. Such employment documentation shall evidence the location in
which such individual actually carries out or performs the functions of his or her job.
(5) Documentation provided pursuant to this subsection may be required to be date specific, depending upon
the individual’s exemption claim.
(g) Any individual who knowingly violates this Code section shall be guilty of a felony and shall be punished
by imprisonment for not less than ten nor more than 30 years.
(h) Nothing in this Code section shall create, either directly or indirectly, any civil cause of action against or
result in criminal prosecution of any person, firm, corporation, partnership, trust, or association other than an
individual required to be registered under Code Section 42-1-12.

42-1-16

Sex offender residence and loitering restrictions [acts committed between July 1,

Sex offender residence and loitering restrictions [2006 - 2008]

2006 and June 30, 2008]
(a) As used in this Code section, the term:
(1) “Area where minors congregate” shall include all public and private parks and recreation facilities, play-
grounds, skating rinks, neighborhood centers, gymnasiums, school bus stops, and public and community
swimming pools.
(2) “Individual” means a person who is required to register pursuant to Code Section 42-1-12.
(3) “Lease” means a right of occupancy pursuant to a written and valid lease or rental agreement.
(4) “Minor” means any person who is under 18 years of age.
(b) Any individual who committed an act between July 1, 2006, and June 30, 2008, for which such indi-
vidual is required to register shall not reside within 1,000 feet of any child care facility, church, school, or
area where minors congregate. Such distance shall be determined by measuring from the outer boundary of
the property on which the individual resides to the outer boundary of the property of the child care facility,
church, school, or area where minors congregate at their closest points.
(c)(1) Any individual who committed an act between July 1, 2006, and June 30, 2008, for which such indi-
vidual is required to register shall not be employed by any child care facility, school, or church or by or at
any business or entity that is located within 1,000 feet of a child care facility, a school, or a church. Such
distance shall be determined by measuring from the outer boundary of the property of the location at which
such individual is employed to the outer boundary of the child care facility, school, or church at their closest
points.
(2) Any individual who committed an act between July 1, 2006, and June 30, 2008, for which such indi-
vidual is required to register who is a sexually dangerous predator shall not be employed by any business
or entity that is located within 1,000 feet of an area where minors congregate. Such distance shall be deter-
mined by measuring from the outer boundary of the property of the location at which the sexually danger-
ous predator is employed to the outer boundary of the area where minors congregate at their closest points.
(d) Notwithstanding any ordinance or resolution adopted pursuant to Code Section 16-6-24 or subsection (d)
of Code Section 16-11-36, it shall be unlawful for any individual to loiter, as prohibited by Code Section