§ 8-72. Offenses.

(a)

[Location of residence.] For each person required to register on the Texas Department of Public Safety's Sex Offender Database (the "database") because of a violation involving a victim who was less than sixteen (16) years of age, it is unlawful for that person to establish a permanent residence or temporary residence within one thousand (1,000) feet of any premises where children commonly gather, including a playground, school, licensed day care facility, or public swimming pool, as those terms are defined in Article 481.134 of the Health and Safety Code of the State of Texas.

(b)

Evidentiary matters; measurements.

(1)

It shall be prima facie evidence that this section applies to such a person if that person's record appears on the database and the database indicates that the victim was less than sixteen (16) years of age.

(2)

For the purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described herein above, or, in the case of multiple residences on one (1) property, measuring from the nearest wall of the building or structure occupied of the parking lot or driveway, whichever is closer to the nearest property line of the premises where children commonly gather, as described herein.

(3)

A map depicting the prohibited areas shall be maintained by the Decatur Police Department. The city shall review the map at least annually for changes. Said map will be available to the public at the Decatur Police Department.

(c)

Culpable mental state not required. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this chapter.

(d)

Affirmative defenses. It is an affirmative defense to prosecution that any of the following conditions apply:

(1)

The person required to register on the database established the permanent or temporary residence and has complied with all of the sex offender registration laws of the State of Texas, prior to the date of the adoption of this article.

(2)

The person required to register on the database was a minor when he or she committed the offense requiring such registration and was not convicted as an adult.

(3)

The person required to register on the database is a minor.

(4)

The premises where children commonly gather, as specified herein, within one thousand (1,000) feet of the permanent or temporary residence of the person required to register on the database was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the State of Texas.

(5)

The information on the database is incorrect, and, if corrected, this section would not apply to the person who was erroneously listed on the database.

(Ord. No. 06-06-18, § 1, 6-12-06)