(a) In this section:
(1) CHILD-CARE FACILITY has the meaning given that term in Section 51A-4.204(3)(A) of the Dallas Development Code, as amended.
(2) CONTINUAL PATTERN OF UNAUTHORIZED ENTRY means that, on at least two occasions within the preceding 12-month period, the specified sex offender came onto the premises of any school or child-care facility or onto a street, sidewalk, or other public way adjacent to the premises of any school or child-care facility and was asked to leave by a person in authority.
(3) PERSON IN AUTHORITY means the chief administrative officer of the school or child-care facility, the chief administrative officer’s authorized agent, or a peace officer.
(4) SCHOOL means any public or private school that has a curriculum for kindergarten, elementary, or secondary education and that exists apart from a child’s home.
(5) SPECIFIED SEX OFFENDER means any person required to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure, as amended, for a reportable conviction or adjudication of any of the following violations:
(A) Continuous sexual abuse of a young child or children, as described in Section 21.02 of the Texas Penal Code, as amended.
(B) Indecency with a child, as described in Section 21.11 of the Texas Penal Code, as amended.
(C) Sexual assault of a child, as described in Section 22.011 of the Texas Penal Code, as amended.
(D) Aggravated sexual assault of a child, as described in Section 22.021 of the Texas Penal Code, as amended.
(E) Online solicitation of a minor, as described in Section 33.021 of the Texas Penal Code, as amended.
(F) Sexual performance by a child, as described in Section 43.25 of the Texas Penal Code, as amended.
(G) Possession or promotion of child pornography, as described in Section 43.26 of the Texas Penal Code, as amended.
(H) Any other violation listed in Article 62.001(5) of the Texas Code of Criminal Procedure, as amended, involving a victim younger than 17 years of age.
(I) A violation of the laws of another state, federal law, laws of a foreign country, or the Uniform Code of Military Justice if the violation contained elements substantially similar to the elements of the violations described in Subparagraphs (A) through (H) of this paragraph.
(b) A person commits an offense if the person is a specified sex offender and:
(1) remains on any part of the premises of a school or child-care facility or on any street, sidewalk, or other public way adjacent to any part of the premises of a school or child-care facility after being asked to leave by a person in authority;
(2) reenters onto any part of the premises of a school or child-care facility or onto any street, sidewalk, or other public way adjacent to any part of the premises of a school or child-care facility within seven days of being asked to leave by a person in authority; or
(3) has established a continual pattern of unauthorized entry onto the premises of any school or child-care facility or onto a street, sidewalk, or other public way adjacent to the premises of any school or child-care facility.
(c) It is a defense to prosecution under Subsection (b) that the person:
(1) was the parent or guardian of a child attending the school or child-care facility, unless a court of competent jurisdiction has issued an order restricting the person’s access to or presence near the child;
(2) was at the time of the offense enrolled in and attending the school as a student;
(3) had prior written permission from the chief administrative officer of the school or child-care facility to be present, at the time of the offense, on the premises or on the street, sidewalk, or other public way adjacent to the premises; or
(4) was in active transit in a motor vehicle on a public street that was a direct route between two locations at which the person had legitimate business.
(d) A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500. (Ord. Nos. 22355; 28065)