1. As used in this section:

 a. “Minor” means a person who is under eighteen years of age or who is enrolled in a secondary school.
 b. “School” means a public or nonpublic elementary or secondary school.
 c. “Sex offender” means a person required to be registered under this chapter who has been convicted of an aggravated offense against a minor.

Terms Used In Iowa Code 692A.114

  • Aggravated offense: means a conviction for any of the following offenses:
     (1) Sexual abuse in the first degree in violation of section 709. See Iowa Code 692A.101
  • Child: includes child by adoption. See Iowa Code 4.1
  • Child care facility: means the same as defined in section 237A. See Iowa Code 692A.101
  • Convicted: means found guilty of, pleads guilty to, or is sentenced or adjudicated delinquent for an act which is an indictable offense in this state or in another jurisdiction including in a federal, military, tribal, or foreign court, including but not limited to a juvenile who has been adjudicated delinquent, but whose juvenile court records have been sealed under section 232. See Iowa Code 692A.101
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Minor: means a person under eighteen years of age. See Iowa Code 692A.101
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
  • Probate: Proving a will
  • property: includes personal and real property. See Iowa Code 4.1
  • Residence: means each dwelling or other place where a sex offender resides, sleeps, or habitually lives, or will reside, sleep, or habitually live, including a shelter or group home. See Iowa Code 692A.101
  • School: means a public or nonpublic elementary or secondary school. See Iowa Code 692A.114
  • Sex offender: means a person who is required to be registered under this chapter. See Iowa Code 692A.101
 2. A sex offender shall not reside within two thousand feet of the real property comprising a school or a child care facility.
 3. A sex offender residing within two thousand feet of the real property comprising a school or a child care facility does not commit a violation of this section if any of the following apply:

 a. The sex offender is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility.
 b. The sex offender is subject to an order of commitment under chapter 229A.
 c. The sex offender has established a residence prior to July 1, 2002.
 d. The sex offender has established a residence prior to any newly located school or child care facility being established.
 e. The sex offender is a minor.
 f. The sex offender is a ward in a guardianship, and a district judge or associate probate judge grants an exemption from the residency restriction.
 g. The sex offender is a patient or resident at a health care facility as defined in section 135C.1 or a patient in a hospice program, and a district judge or associate probate judge grants an exemption from the residency restriction.
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