5-14-132. Registered offender prohibited from entering upon school campus — Exception.

5-14-132. Registered offender prohibited from entering upon school campus — Exception. (a) As used in this section: (1) “Campus” means the real property, a building, or any other improvement in this state owned, leased, rented, or controlled by or for the operation of a public school; (2) “Private school” means a school offering instruction for a grade in kindergarten through grade twelve (K-12) in this state that is not a public school; and (3) “Public school” means any school in this state that is: (A) A public school operated by a public school district; (B) A charter school established under the Public School Funding Act of 2003, § 6-20-2301 et seq.; (C) A state-funded prekindergarten program operated by a public school or an education service cooperative; (D) The Arkansas School for the Blind; (E) The Arkansas School for the Deaf; (F) The Arkansas School for Mathematics, Sciences, and the Arts; (G) An educational facility of the Division of Youth Services or contracting with the Division of Youth Services; or (H) An educational facility of the Division of Developmental Disabilities Services. (b) It is unlawful for a sex offender who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly enter upon the campus of a public school. (c) It is not a violation of this section if the sex offender: (1) Is under twenty-two (22) years of age and is a student enrolled in a kindergarten through grade twelve (K-12) program; (2) Enters upon the campus for the purpose of attending a graduation ceremony or a baccalaureate ceremony; (3) Enters upon the campus on a day that is not designated a student contact day by the public school's calendar or on a day in which no school-sponsored event is taking place upon the campus; (4) Is the parent or guardian of a student enrolled in a public school and enters upon the campus where the student is enrolled for the purpose of: (A) Delivering to the student medicine, food, or personal items if the medicine, food, or personal items are delivered directly to the public school's office; or (B) Attending a scheduled parent-teacher conference if the sex offender is escorted to and from the scheduled parent-teacher conference by a designated public school official or employee; (5) Has been assessed as a Level 3 offender and enters upon the campus for the purpose of attending a school-sponsored event for which an admission fee is charged or tickets are sold or distributed if the sex offender: (A)(i) Is the parent or guardian of, is related by blood or marriage within the second degree of consanguinity to, or is a great-grandparent of a student enrolled in the public school. (ii) The degree of consanguinity is computed under § 28-9-212; and (B) Notifies the administration of the school in writing at least twenty-four (24) hours before the start of the school-sponsored event for which an admission fee is charged or tickets are sold or distributed that he or she will be attending the school-sponsored event for which an admission fee is charged or tickets are sold or distributed; or (6) Has been committed to the Division of Youth Services and attends a school operated by the Division of Youth Services. (d)(1) A sex offender who is the parent or guardian of a student enrolled in a public school and wishes to enter upon the campus where the student is enrolled for any other purpose shall give reasonable notice to the public school principal or his or her designee. (2)(A) The public school principal or his or her designee may allow the parent or guardian sex offender to enter upon the campus so long as there is a designated public school official or employee available to escort and supervise the parent or guardian sex offender while he or she remains on campus. (B) If a designated public school official or employee is not available at the time the parent or guardian sex offender wishes to enter upon the campus, the parent or guardian sex offender shall not enter upon the campus until he or she is notified that a designated public school official or employee is available. (e) Upon conviction, any sex offender who violates this section is guilty of a Class D felony. (f) It is unlawful for a sex offender who is required to register under the Sex Offender Registration Act of 1997, § 12-12-901 et seq., and who has been assessed as a Level 3 or Level 4 offender to knowingly enter upon the campus of a private school without: (1) Notifying the private school; and (2) Subsequently complying with any terms or conditions the private school requires before the sex offender is permitted to enter onto the campus.