Section 18-8329 - ADULT CRIMINAL SEX OFFENDERS - PROHIBITED ACCESS TO SCHOOL CHILDREN - EXCEPTIONS(1) If a person is currently registered or is required to register under the sex offender registration act as provided in chapter 83, title 18, Idaho Code, it is a misdemeanor for such person to:(a) Be upon or to remain on the premises of any school building or school grounds in this state, upon the premises or grounds of any daycare, or upon other properties posted with a notice that they are used by a school or daycare, when the person has reason to believe children under the age of eighteen (18) years are present and are involved in a school or daycare activity, or when children are present within thirty (30) minutes before or after a scheduled school or daycare activity.(b) Knowingly loiter on a public way within five hundred (500) feet from the property line of school or daycare grounds in this state, including properties posted with a notice that they are used by a school or daycare, when children under the age of eighteen (18) years are present and are involved in a school or daycare activity, or when children are present within thirty (30) minutes before or after a scheduled school or daycare activity.(c) Be in any conveyance owned or leased by a school or daycare to transport students to or from school or daycare or a school- or daycare-related activity when children under the age of eighteen (18) years are present in the conveyance.(d) Reside within five hundred (500) feet of the property on which a school or daycare is located, measured from the nearest point of the exterior wall of the offender's dwelling unit to the school's or daycare's property line, provided however, that this paragraph shall not apply if such person's residence was established prior to July 1, 2006, for a school, and prior to July 1, 2020, for a daycare in existence on that date. This paragraph shall not apply to such person whose residence is established prior to the establishment of a daycare within five hundred (500) feet of his dwelling unit.(e) For purposes of this chapter, "school" means any public or private school. "Daycare" means any licensed daycare as defined in chapter 11, title 39, Idaho Code. The posted notices required in this subsection shall be at least one hundred (100) square inches, shall make reference to section 18-8329, Idaho Code, shall include the term "registered sex offender" and shall be placed at all public entrances to the property.
(2) The provisions of subsection (1)(a) and (b) of this section shall not apply when the person: (a) Is a student in attendance at the school; or(b) Is exercising his right to vote in public elections; or(c) Is taking delivery of his mail through an official post office located on school grounds; or(d) Contacts the school district or daycare office annually and prior to his first visit of a school year and has obtained written permission from the district or daycare to be on the school or daycare grounds or upon other property posted with a notice that the property is used by a school or daycare. For the purposes of this section, "contacts the school district or daycare office" shall include mail, facsimile machine, or by computer using the internet. The provisions of this subsection are required for an individual who:(i) Is dropping off or picking up a child or children and the person is the child or children's parent or legal guardian; or (ii) Is attending an academic conference or other scheduled extracurricular school event with school officials present when the offender is a parent or legal guardian of a child who is participating in the conference or extracurricular event. "Extracurricular" means any school-sponsored activity that is outside the regular curriculum, occurring during or outside regular school hours, including but not limited to academic, artistic, athletic or recreational activities; or(iii) Is temporarily on school or daycare grounds, during school hours, for the purpose of making a mail, food, or other delivery.(3) The provisions of subsection (1)(d) of this section shall not apply when the person:(a) Resides at a state-licensed or certified facility for incarceration, health, or convalescent care; or(b) Stays at a homeless shelter or resides at a recovery facility, if such shelter or facility has been approved for sex offenders by the county sheriff or municipal police chief.(4) Nothing in this section shall prevent a school district or daycare from adopting more stringent safety and security requirements for employees and nonemployees while they are in district or daycare facilities and/or on district or daycare properties. If adopting more stringent safety and security requirements, the school district or daycare shall provide the requirements to any individual listed in subsection (2)(d)(i) through (iii) by mail, facsimile machine, or by computer using the internet.[18-8329, added 2006, ch. 354, sec. 1, p. 1084; am. 2008, ch. 250, sec. 1, p. 736; am. 2011, ch. 266, sec. 1, p. 725; am. 2020, ch. 314, sec. 1, p. 891.]Amended by 2020 Session Laws, ch. 314,sec. 1, eff. 7/1/2020.Amended by 2011 Session Laws, ch. 266,sec. 1, eff. 7/1/2011.