Arizona Laws 13-3727. Unlawful residency; persons convicted of criminal offenses; exceptions; preemption; classification
A. It is unlawful for a person who has been convicted of a dangerous crime against children as defined in section 13-705, or who has been convicted of an offense committed in another jurisdiction that if committed in this state would be a dangerous crime against children as defined in section 13-705, and who is required to register pursuant to section 13-3821 to:
Terms Used In Arizona Laws 13-3727
- Crime: means a misdemeanor or a felony. See Arizona Laws 13-105
- Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
- Minor: means a person under eighteen years of age. See Arizona Laws 1-215
- Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Property: means anything of value, tangible or intangible. See Arizona Laws 13-105
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Unlawful: means contrary to law or, where the context so requires, not allowed by law. See Arizona Laws 13-105
1. If the person is classified as a level three offender pursuant to section 13-3825, reside within one thousand feet of the real property comprising any of the following:
(a) A private school, as defined in section 15-101, or a public school that provides instruction in kindergarten programs and any combination of kindergarten programs and grades one through eight.
(b) A private school, as defined in section 15-101, or a public school that provides instruction in any combination of grades nine through twelve.
(c) A child care facility as defined in section 36-881.
2. Knowingly establish a residence and reside within one thousand feet of the real property on which the person’s former victim resides.
3. Establish a residence and reside within one thousand feet of the real property on which the person’s former victim resides.
B. Subsection A, paragraph 1 of this section does not apply to any of the following:
1. A person who establishes the person’s residence before September 19, 2007 or before a new school or child care facility is located.
2. A person who is a minor.
3. A person who is currently serving a term of probation.
4. A person who has had the person’s civil rights restored pursuant to chapter 9 of this title.
5. A person who has not been convicted of a subsequent offense in the previous ten years, excluding any time the person was incarcerated in any federal, state, county or local jail or prison facility.
C. Subsection A, paragraphs 2 and 3 of this section do not apply to:
1. A person who is required to register pursuant to section 13-3821, subsection A, paragraph 19.
2. A person who receives written consent to establish the residence from the victim or, if the victim is a minor, from the parent or guardian of the minor unless the parent or guardian of the minor is the person who was convicted.
D. It is a defense to a prosecution for a violation of subsection A, paragraph 3 of this section if the person established the residence without knowledge that the victim resided within one thousand feet, the person moved within thirty days after receiving actual knowledge of the victim’s residence and the person did not have contact with the victim during that thirty-day period.
E. Notwithstanding any other law and as a matter of statewide concern, a county, city or town shall not enact an ordinance that provides for distance restrictions greater than those found in this section.
F. For the purposes of this section, measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing the person’s residence to the nearest point on the property line of a parcel containing a child care facility or a school or on which the person’s former victim resides.
G. A person who violates this section is guilty of a class 1 misdemeanor, except that a person who commits a second or subsequent violation of subsection A, paragraph 2 or 3 of this section is guilty of a class 6 felony.