In Utah, a sex offender is any person (adult or juvenile) who is required by law to be registered as a sex offender due to an offense committed against a person who is 18 years old or younger. When a sex offender is eligible for parole in Utah, there are specific locations he is restricted from visiting.
What are Protected Areas?
Protected areas include:
• any licensed daycare or preschool facility
• any swimming pool open to the public
• a public or private elementary or secondary school not located on the grounds of a correctional facility
• public community parks
• public playgrounds
• under certain conditions, areas 1000 feet or less from an accuser’s (of the particular sex offender) residence
In order for the last protected area listed to be truly off limits, the sex offender must be:
• on parole for a sex offense
• the accuser or his parent or guardian has requested that the offender be restricted from the area
• the offender has been notified in writing and with a physical description of the restricted area
Penalty for Visiting a Protected Area
Generally, it is a class A misdemeanor for a convicted sex offender to stray into a protected area. There are a few exceptions, however:
• The offender needs to be in a protected area to carry out specific parental duties
• When the protected area is a school building and
• It is opened and being used for a public activity and
• Not being used for a school-related function for people 18 years old or younger
• When the protected area is a licensed daycare or preschool facility and
• Is located within a building used for public purposes, services or functions besides the day care facility and the offender doesn’t stray into the preschool/daycare part of the building
Talk to a Utah Criminal Defense Attorney
If you have legal questions or concerns about any criminal case you’re involved in, whether it’s related to a sex offense or other matter, don’t wait to contact a Utah criminal defense attorney. Let your attorney guide you through the sometimes confusing legal process and help you get your life back on track. Make the right phone call today.