§ 22-400. Unlawful presence of a sexually violent predator.

(a)

Unlawful. Unlawful presence of a sexually violent predator is:

(1)

The physical presence of a sexually violent predator on the school property of any public or private, elementary or secondary school, or in any motor vehicle or other means of conveyance owned, leased, or contracted by such school to transport students to or from school or a school related activity when persons under the age of 18 years are present on the school property or in a school vehicle; or

(2)

The physical residing of a sexually violent predator within 1,000 feet of any public or private elementary or secondary school, a day care center, group home, residential home, or child care facility as defined in R.S. 46:1403, a family child day care home as defined in R.S. 46:1441.1, playground, public or private youth center, public swimming pool, or freestanding video arcade facility.

(b)

Exception.

(1)

It shall not be a violation of subsection (a)(1) of this section if the offender has permission to be present from the superintendent of the school board in the case of a public school or the principal or headmaster in the case of a private school.

(2)

If permission is granted to an offender to be present on public school property by the superintendent for that public school pursuant to subsection (b)(1) of this section, then the superintendent shall notify the principal at least 24 hours in advance of the visit by the offender. This notification shall include the nature of the visit and the date and time in which the sex offender will be present in the school. The offender shall notify the office of the principal upon arrival on the school property and upon departing from the school. If the offender is to be present in the vicinity of children, the offender shall remain under the direct supervision of a school official.

(c)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

School property means any property used for school purposes, including but not limited to school buildings, playgrounds, and parking lots.

Sexually violent predator means a person defined as such in R.S. 15:541(16).