§ 15-20A-16 — Adult Sex Offender - Contact with Former Victims

(a) No adult sex offender shall contact, directly or indirectly, in person or through others, by phone, mail, or electronic means, any former victim.
(b) No adult sex offender shall knowingly come within 100 feet of a former victim.
(c) No sex offender shall make any harassing communication, directly or indirectly, in person or through others, by phone, mail, or electronic means to the victim or any immediate family member of the victim.
(d) A petition to exclude an adult sex offender from the requirements of subsections (a) and (b) of this section and Section 15-20A-11(b) may be filed in accordance with the requirements of Section 15-20A-24(c). The court shall conduct a hearing and shall exclude an adult sex offender from the provisions of this section provided that:
(1) The victim appears in court at the time of the hearing and requests the exemption in writing in open court.
(2) The court finds by clear and convincing evidence that the victim’s court appearance and written request pursuant to subdivision (1) were made voluntarily.
(3) The victim is over the age of 19 at the time of the request.
(4) The district attorney or prosecuting attorney shall be notified of the hearing and shall have the right to be present and heard.
(e) Notwithstanding any state or local law or rule assigning costs and fees for filing and processing civil and criminal cases a petition filed shall be assessed a filing fee in the amount of two hundred dollars ($200) to be distributed as provided in Section 15-20A-46.
(f) Any person who knowingly violates this section shall be guilty of a Class C felony.

Legislative History

(Act 2011-640, p. 1569, §16; Act 2015-463, p. 1506, §1; Act 2017-414, §5.)