§ 55-6. Exemptions.

In any prosecution of a violation of this article, the following may be raised by the defendant:

A. 

The registered sex offender or registered sexual predator has established a residence or domicile within 1,000 feet of a school, park or playground before December 27, 2005; or

B. 

A school, park or playground is newly located on or after December 27, 2005, and the registered sex offender or registered sexual predator has already established a residence or domicile within 1,000 feet from the new building which is prohibited by this legislation.

C. 

The registered sex offender is required to reside or be domiciled at a location fixed by order of a court of competent jurisdiction, or by any federal, state or county agency having jurisdiction thereof.

D. 

The registered sex offender or registered sexual predator is the owner of record of a residence or domicile within a distance greater than 1,000 feet and up to 1,320 feet of a school, park or playground before June 3, 2008; or

E. 

A school, park or playground is newly located on or after June 3, 2008, and the registered sex offender or registered sexual predator is the owner of record of a residence or domicile within a distance greater than 1,000 feet and up to 1,320 feet from the newly located school, park or playground.

F. 

More than two registered sex offenders resided in and/or occupied the same one-family dwelling before August 5, 2008.

[Added 8-5-2008 by L.L. No. 16-2008, effective 8-11-2008]

Amended 6-3-2008 by L.L. No. 14-2008, effective 6-9-2008