§ 2-261. Zone of safety – Schools, child care centers, playgrounds, and parks – Restrictions on convicted sex offenders – Exemptions.
A. A zone of safety is hereby created around elementary, middle school and high schools, permitted or licensed child care centers, playgrounds, and parks. A person is prohibited from loitering within five hundred (500) feet of any elementary, middle school or high school, permitted or licensed child care center, educational facility, playground, or park if the person has been convicted of a crime that requires the person to register pursuant to 6 ONC § 5-301 et seq., Sex Offender Registration and Notification, or the person has been convicted of an offense in another jurisdiction which offense, if committed or attempted in the Osage Nation, would have required the person to register pursuant to 6 ONC § 5-301 et seq., Sex Offender Registration and Notification. This proscription of conduct shall not modify or remove any restrictions currently applicable to the person by court order, conditions of probation or as provided by other provision of law.
B. A person convicted of a violation of subsection (A) of this section shall be guilty of a crime punishable by imprisonment in the Tribal Jail not to exceed one year, or by a fine not to exceed One Thousand Dollars ($1,000.00), or both.
C. A person shall be exempt from the prohibition of this section regarding a school or a licensed or permitted child care facility only under the following circumstances and limited to a reasonable amount of time to complete such tasks:
1. The person is the custodial parent or legal guardian of a child who is an enrolled student at the school or child care facility; and
2. The person is enrolling, delivering or retrieving such child at the school or licensed or permitted child care center during regular school or facility hours or for school-sanctioned or licensed-or-permitted-child-care-center-sanctioned extracurricular activities.
D. Prior to entering the zone of safety for the purposes listed in this section, the person shall inform school or child care center administrators of his or her status as a registered sex offender. The person shall update monthly, or as often as required by the school or center, information about the specific times the person will be within the zone of safety as established by this section. This exception shall not be construed to modify or remove any restrictions applicable to the person by court order, conditions of probation, or as provided by other provision of law.
E. The provisions of subsection (A) of this section shall not apply to any person receiving medical treatment at a hospital or other facility certified or licensed by the Osage Nation, a state government, or the United States Government to provide medical services. As used in this subsection, “medical treatment” shall not include any form of psychological, social or rehabilitative counseling services or treatment programs for sex offenders.
F. Nothing in this section shall prohibit a person, who is registered as a sex offender pursuant to 6 ONC § 5-301 et seq., Sex Offender Registration and Notification, from attending a recognized church or religious denomination for worship, provided the person has notified the religious leader of his or her status as a registered sex offender and the person has been granted written permission by the religious leader. ONCA 22-33, eff. Apr. 25, 2022.