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Restrictions on Sex Offenders When Driving Near Restricted Places

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  • 03-25-2017, 08:17 PM
    Sooner88
    Restrictions on Sex Offenders When Driving Near Restricted Places
    My question involves criminal law for the state of: South Carolina

    I will be forced to register as a sex offender after the 30th (my sentencing hearing). SC law states that a sex offender cannot "enter into or loiter within" 1,000 feet of a school, daycare, etc. My questions are as follows:

    Does this mean I can't drive within 1,000 feet of a school? There are schools on every road I drive on!

    I will have court ordered mental health treatment at the SC Department of Mental Health. But the outpatient office for my county is less than 1,000 feet from a daycare. Can I still go to the mental health office even though it's less than 1,000 feet away, since I will have a court order to continue mental health treatment? I've been getting my mental health treatment there for 2 years and I can't afford to go anywhere else. I have very serious mental illness.

    Also my sex offender therapist's office is within 1,000 feet of a children's hospital. The law says I can't "enter into" any place "frequented by minors". Do hospitals count?

    I have no job but am planning to open a shop at the local flea market to sell home baked goods, since that's about all I can do (am waiting for disability decision). Am I allowed to go to flea markets?

    What constitutes "contact" with a minor and what constitutes "incidental contact" with a minor?
  • 03-25-2017, 08:25 PM
    adjusterjack
    Re: Movement Restrictions, 1,000 Foot Rule, Flea Markets
    Quote:

    Quoting Sooner88
    View Post
    My question involves criminal law for the state of: South Carolina

    I will be forced to register as a sex offender after the 30th (my sentencing hearing). SC law states that a sex offender cannot "enter into or loiter within" 1,000 feet of a school, daycare, etc. My questions are as follows:

    Does this mean I can't drive within 1,000 feet of a school? There are schools on every road I drive on!

    Driving is not loitering nor is it entering.

    Your use of quotes implies that you are quoting direct from a statute. Give us the statute number so we can read it along with you and make sure you are reading it right.

    Quote:

    Quoting Sooner88
    View Post

    I will have court ordered mental health treatment at the SC Department of Mental Health. But the outpatient office for my county is less than 1,000 feet from a daycare. Can I still go to the mental health office even though it's less than 1,000 feet away, since I will have a court order to continue mental health treatment? I've been getting my mental health treatment there for 2 years and I can't afford to go anywhere else. I have very serious mental illness.

    Again, being at the mental health office is neither "loitering" around or "entering" the daycare.

    Quote:

    Quoting Sooner88
    View Post

    Also my sex offender therapist's office is within 1,000 feet of a children's hospital. The law says I can't "enter into" any place "frequented by minors". Do hospitals count?

    I have no job but am planning to open a shop at the local flea market to sell home baked goods, since that's about all I can do (am waiting for disability decision). Am I allowed to go to flea markets?

    I doubt that the sex offender statute is designed to prevent you from doing either of those but it would be best if you give us the statute number (and not some internet summary) because I'll bet you are misinterpreting or missing something.

    Quote:

    Quoting Sooner88
    View Post

    What constitutes "contact" with a minor and what constitutes "incidental contact" with a minor?

    Provide the statute number. Might be definitions or explanations that you aren't seeing.
  • 03-25-2017, 09:08 PM
    Sooner88
    Re: Movement Restrictions, 1,000 Foot Rule, Flea Markets
    All I have is this: https://www.dppps.sc.gov/content/dow...onditions+.pdf
  • 03-25-2017, 11:13 PM
    adjusterjack
    Re: Movement Restrictions, 1,000 Foot Rule, Flea Markets
    OK, that's your agreement. You are bound by it's terms. Forget my comments.

    Read the conditions carefully and thoroughly and avoid asking questions about isolated phrases that you pull out of the document.

    You need to read those phrases in context with the entire agreement and you'll understand that, among the limitations, there are exceptions, contingencies and definitions.

    For example, you asked what "contact" and "incidental contact" means.

    Both are defined in paragraphs 3 and 4.

    Paragraph 5 appears to imply that you cannot work at the swap meet without advance approval of your agent. Yes, the phrase swap meet is not in that paragraph but the phrase "included, but not limited to" means that anything related to the list is on the list. So, if you want to work at a swap meet, get approval in advance from your agent.

    Bottom line, for sake of your own freedom, any questions about what you can and cannot do, or how you interpret anything in that agreement, should be addressed to your agent before you do anything.
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