In 1996, Alabama became one of the first states to pass residency restriction law for sex offenders. As part of the state's Community Notification Act, the law once required child molesters to live only one thousand feet from certain locations. Today, it is critical that individuals who have been convicted of sex related offenses understand some important details concerning these laws. A Birmingham sexual crimes lawyer can provide the assistance you need.
Alabama Law Regarding Residency Restrictions
Alabama law lists several requirements concerning residency restrictions for individuals who are labeled as sex offenders:
- Restrictions. Individuals who are labeled as sex offenders are not permitted to live within two thousand feet of any school or childcare facility. Individuals labeled as sex offenders are also not permitted to live within two thousand feet of the property on which the victim of the sex crime or family members of the victim live. Adults who are labeled as sex offenders are exempt from this two thousand fet law when the adult is admitted to hospital, jail, prison, a mental health facility, or other correctional facility. The measurement of two thousand feet is taken from a straight line from the nearest property line to the nearest property line.
- Later Changes. Changes to property within 2,000 feet of the address where a sex offender lives does not mean that a sex offender will be found in violation of the law.
- Living With A Minor. Sex offender are prohibited from living with a minor including overnight visits. An adult sex offender who is the parent, grandparent, step parent, sibling, or stepsibling of a minor is permitted to live with the individual unless: the individual's parental rights have been or are in the process of being terminated, the adult sex offender has been convicted of any sex offense in which the minor was a victim, the individual has been convicted of a sex offense in which a minor was a victim and the minor resided or lived with the adult, the individual has been convicted of any sex offense involving a child, or the individual was convicted of any sex offense involving forcible compulsion in which the victim was a minor.
- What Constitutes Residency. An adult is considered to have established residency for the purposes of these laws when the adult either resides for three or more consecutive days in the same place, the location where an adult sex offender resides following release, and any residency where an adult sex offender spends ten or more days during any one calendar month.
Violations of any of these residency laws is treated as a Class C felony in the state of Alabama. A Class C felony is penalized with no less than one year and one day and no more than ten years in prison. Individuals can also face a fine up to $15,000.
Contacted An Experienced Sex Crimes Attorney in Birmingham
If you face challenges regarding residency restrictions or are cited with the violation of a residency restriction, do not hesitate to contact an experienced Birmingham sex crimes attorney like Steve D. Eversole who has helped others who have faced similar situations.