(a) No person serving a period of supervised release of ten years or more pursuant to the provisions of West Virginia Code 62-12-26, shall loiter within one thousand feet of the property line of the residence or workplace of a victim of a sexually violent offense for which the person was convicted.
(b) No person serving a period of supervised release of ten years or more pursuant to the provisions of West Virginia Code 62-12-26 for an offense where the victim was a minor shall loiter within one thousand feet of the property line of a facility or business the principal purpose of which is the education, entertainment or care of minor children, playground, athletic facility or school bus stop.
(c) A person does not violate the provisions of subsection (a) or (b) of this section unless he or she has previously been asked to leave the proscribed location by an authorized person and thereafter refuses to leave or leaves and thereafter returns to the proscribed location.
(d) As used in this section:
(1) “Authorized person” means:
A. A law-enforcement officer acting in his or her official capacity;
B. A security officer employed by a business or facility to protect persons or property acting in his or her employment capacity;
C. An owner, manager or employee of a facility or business having a principal purpose the caring for, education or entertainment of minors;
D. A victim or parent, guardian or lawful temporary or permanent custodian thereof;
E. An employee of a county board of education acting in his or her employment capacity.
(2) “Facility or business, the principal purpose of which is the education, entertainment or care of minor children” means:
A. A pre-school, primary, intermediate, middle or high school, either public or private;
B. A childcare facility;
C. A park;
D. An athletic facility used by minors;
E. A school bus stop.
(3) “Loitering” means to enter or remain on property while having no legitimate purpose or, if a legitimate purpose exists, remaining on that property beyond the time necessary to fulfill that purpose.
(e) Nothing in this section shall be construed to prohibit or limit a person’s presence within one thousand feet of a location or facility referenced in this section if the person is there present for the purposes of supervision, counseling or other activity in which the person is directed to participate as a condition of supervision or where the person has the express permission of his supervising officer to be present.
(WVaC 61-8-29)