5-42-43. Restrictions on residence within community safety-zone.

Violation as crime. No person who is required to register as a sex offender pursuant to this chapter may establish a residence or reside within a community safety zone unless:

1. The person is incarcerated in a jail or prison or other correctional placement which is located within a community safety zone;
2. The person is on parole and has been assigned to a halfway house or supervised living center within a community safety zone;
3. The person is homeless and has been admitted to a community homeless shelter within a community safety zone by an appropriate community official;
4. The person was under age eighteen (18) at the time of the offense and the offender was not tried and convicted of the offense as an adult;
5. The person established the residence prior to July 1, 2006;
6. The school, public park, public pool, or public playground was built or established subsequent to the person’s establishing residence at the location; or
7. The Tribal court has entered an order pursuant to §5-42-47 exempting the offender from the provisions of §§5-42-42 to 5-42-47; inclusive.

A violation of this section is a Class B crime. Any subsequent violation is a Class A crime.