The Law Blog of Oklahoma

Oklahoma Sex Offender "Zone of Safety" Restrictions

Saturday, April 19, 2014

The intent of the Oklahoma Sex Offender Registration Act and other similar state and federal sex offender registration legislation is to protect the public safety-and in particular, the safety of children-from sexual predators. Many critics of registration programs say that registration and public notification of a person's sex offender status does not do anything to curb sexual violence. Instead, it simply serves as a method of public shaming for those accused of sex crimes. The majority of registered sex offenders are not violent, predatory, or habitual sex offenders. In Oklahoma, though, with its offense-based risk-level assessment, people of varying risk of re-offense are lumped together. For example, a person convicted of second degree rape-often for sex with a willing "victim" who was legally unable to consent-is classified as a Level 3, high risk offender in the same category as serial rapists, child rapists, and violent rapists. Those convicted of statutory rape typically have a low risk of re-offending, yet they are marked for life by lifetime sex offender registration requirements and restrictions, branded as a high-risk offender.

Another way in which Oklahoma sex offender laws do not take into consideration the specific details of an offense is the state's "Zone of Safety" requirements that forbid convicted sex offenders from breaching a specified zone surrounding schools, playgrounds, and other areas children may frequent. Under proposed legislation, certain convicted sex offenders are subject to the zoning restrictions even if their crimes did not involve children.

The Zone of Safety around Schools, Child Care Facilities, Playgrounds and Parks is defined in Title 21 Section 1125 of the Oklahoma criminal code:

A zone of safety is hereby created around elementary, junior high and high schools, permitted or licensed child care centers as defined by the Department of Human Services, playgrounds, and parks. A person is prohibited from loitering within five hundred (500) feet of any elementary, junior high or high school, permitted or licensed child care center, playground, or park if the person has been convicted of a crime that requires the person to register pursuant to the Sex Offenders Registration Act or the person has been convicted of an offense in another jurisdiction, which offense if committed or attempted in this state, would have been punishable as one or more of the offenses listed in Section 582 of Title 57 of the Oklahoma Statutes and the victim was a child under the age of thirteen (13) years. (21 O.S. 1125a)

There is an exception to this rule: a custodial parent may drop off or pick up his or her own child from school or daycare, but may not remain within the zone of safety any longer than necessary to complete the task. Furthermore, he or she must inform the school prior to arrival of his or her sex offender status and must provide monthly updates about the times he or she will be on the school property to enroll, drop off, or pick up the child.

For a sex offender to enter within 500 feet of a school, daycare, playground, or park is a felony. Upon the first offense, the violator is subject to a fine of $2,500 and a maximum of one year in county jail. A second or subsequent violation carries even harsher penalties. In addition to the $2,500 fine and another felony conviction, the person faces a minimum of three years in prison.

Clearly, the restrictions against convicted sex offenders are stringent, and ensuring compliance can be difficult. To find out how to live up to your sex offender registration requirements and the obligations and prohibitions that come with it, consult your defense attorney.

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