§ 16-93-305 — Probation - Sex offender may not reside with minor victim

(a) If a person enters a plea of guilty or nolo contendere to or is found guilty of a sexual offense under § 5-14-101 et seq., except for a misdemeanor violation of sexual indecency with a child, § 5-14-110 , or incest, § 5-26-202 , perpetrated against a minor and is otherwise eligible for probation, the person is prohibited as a condition of his or her probation from residing in a residence with any minor unless the court makes a specific finding that the person poses no danger to a minor residing in the residence. (b) Upon violation of this condition of probation, the court may enter an adjudication of guilt and proceed as otherwise provided by law.

Legislative History

Amended by Act 2023, No. 619,§ 19, eff. 8/1/2023. Amended by Act 2021, No. 499,§ 1, eff. 7/28/2021. Acts 1997, No. 1188, § 1; 2011, No. 570, § 90.