40-39-215 - Offenses Sexual offenders or violent sexual offenders Defense.

40-39-215. Offenses Sexual offenders or violent sexual offenders Defense.

(a)  While mandated to comply with the requirements of this chapter, it is an offense for a sexual offender, as defined in § 40-39-202, or violent sexual offender, as defined in § 40-39-202, whose victim was a minor, to knowingly:

     (1)  Pretend to be, dress as, impersonate or otherwise assume the identity of a real or fictional person or character or a member of a profession, vocation or occupation while in the presence of a minor, or with the intent to attract or entice a minor to be in the presence of the offender;

     (2)  Engage in employment, a profession, occupation or vocation, regardless of whether compensation is received, that the offender knows or should know will cause the offender to be in direct and unsupervised contact with a minor; or

     (3)  Operate, whether authorized to do so or not, any vehicle or specific type of vehicle, including, but not limited to, an ice cream truck or emergency vehicle, for the purpose of attracting or enticing a minor to be in the presence of the offender.

(b)  It is a defense to a violation of this section that the offender was the parent of the minor in the offender's presence.

(c)  A violation of this section is a Class A misdemeanor.

[Acts 2008, ch. 1164, § 13.]