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1 New Section; Registration of Criminal Offenders; Child Safety Zones. Amend RSA 651-B by inserting after section 12 the following new section:
651-B:13 Child Safety Zones; Prohibited Presence.
I. No person who is required to register as a tier III offender under this chapter, as a result of an offense where the victim was under 18 years of age, shall knowingly go in, on, or within 500 feet of a child safety zone.
II. Distance shall be measured in a straight line from the outer property boundary of the child safety zone to the person.
III. In this section, "child safety zone" means the premises of any of the following:
(a) A public or private elementary or secondary school.
(b) A licensed child care facility or day care center.
(c) A public park, playground, or public swimming pool.
(d) A designated school bus stop currently in use by a school district.
IV. It is an affirmative defense to prosecution if the person was within the child safety zone for a legitimate purpose, including:
(a) Transporting their own legal child to or from the facility.
(b) Participating in a constitutionally protected activity, such as voting.
(c) Direct travel to or from their place of residence, or place of employment, if such was established prior to the effective date of this section.
V. Evidence that the person has received written notice of these prohibitions during registration, or that the zone was marked with signage or otherwise open and obvious, shall be prima facie evidence that the person acted knowingly.
VI. A violation of this section is a class B felony.
2 Effective Date. This act shall take effect January 1, 2027.
Text to be added highlighted in green.
1 New Section; Registration of Criminal Offenders; Child Safety Zones. Amend RSA 651-B by inserting after section 12 the following new section:
651-B:13 Child Safety Zones; Prohibited Presence.
I. No person who is required to register as a tier III offender under this chapter, as a result of an offense where the victim was under 18 years of age, shall knowingly go in, on, or within 500 feet of a child safety zone.
II. Distance shall be measured in a straight line from the outer property boundary of the child safety zone to the person.
III. In this section, "child safety zone" means the premises of any of the following:
(a) A public or private elementary or secondary school.
(b) A licensed child care facility or day care center.
(c) A public park, playground, or public swimming pool.
(d) A designated school bus stop currently in use by a school district.
IV. It is an affirmative defense to prosecution if the person was within the child safety zone for a legitimate purpose, including:
(a) Transporting their own legal child to or from the facility.
(b) Participating in a constitutionally protected activity, such as voting.
(c) Direct travel to or from their place of residence, or place of employment, if such was established prior to the effective date of this section.
V. Evidence that the person has received written notice of these prohibitions during registration, or that the zone was marked with signage or otherwise open and obvious, shall be prima facie evidence that the person acted knowingly.
VI. A violation of this section is a class B felony.
2 Effective Date. This act shall take effect January 1, 2027.