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Roger
Roger, Lawyer
Category: Criminal Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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Can a registered sex offender which is on probation entertain

Resolved Question:

Can a registered sex offender which is on probation entertain kids in his house alone
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Roger replied 1 year ago.

Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question.

This law is very confusing - - even for attorneys! The rule is generally that a sex offender can't live within 1,000 feet of a child care facility, a school or a church.

HOWEVER, there are exceptons because restrictions are different for each sex offender depending on the date of the crime they committed. The categories include: Crimes committed prior to June 4, 2003; between June 4, 2003 - June 30, 2006; July 1, 2006 - June 30, 2008; and July 1, 2008, or after.

Those offenders who committed a crime prior to June 4, 2003, have no residency or employment restrictions. In the years after, the state's legislature enacted strict rules that made it nearly impossible for sex offenders to find suitable residency. The most recent legislative action has been to relax those restrictions.

Other than this general rule, whether or not the person can have contact with children depends on what the court order/judgment says and also depends on the terms of his probation.

Thus, you would have to contact his probation officer to see what the terms of his probation are. You can look the person up on the sex registry to see if he's a predator or not: http://services.georgia.gov/gbi/gbisor/ControllerServlet. Usually, if the person isn't a predator, it's less likely that he would have as strict restrictions as if he were a preditor.

However, you would have to contact his probation officer to know this for certain.

Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26143
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 9 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


May I ask another question ?

Expert:  Roger replied 1 year ago.
Sure. What's your question?
Customer: replied 1 year ago.


He was convicted in 1995 but spent 15 years in prison . His name is XXXXX XXXXX on the registry. Is he required to correct this or indicate an alias?

Expert:  Roger replied 1 year ago.

Unless the mis-spelling is his doing/caused by him, it's probably not his duty to make the correction. It's likely that this is just a scrivener's error when the name was entered into the database. However, if you contact the GBI and inform it of the error, it should make the correction or add an alias as you've mentioned.

Customer: replied 1 year ago.


ok last question I am the property manager for the apartment he lives in .I moved a family in the apartment next door . I saw him with the 3yr old and the 5 year old in his more than a couple of times and he babysits for the single mother next door . Is there any liability for the company

Customer: replied 1 year ago.

ok last question I am the property manager for the apartment he lives in .I moved a family in the apartment next door . I saw him with the 3yr old and the 5 year old in his more than a couple of times and he babysits for the single mother next door . Is there any liability for the company, I did not mention that he was charged as a child molester

Expert:  Roger replied 1 year ago.
One isn't liable for the criminal actions of another - - and that should include your company.

Also, because of the age of his conviction, he likely has no residency restrictions that would make it illegal for him to live next door, etc. IF he is still on probation, then your best course is to contact the probation office, speak to his probation officer and report the activity - - let them take it from there. If he doesn't have restrictions, then what is going on is probably ok.
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26143
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 9 other Criminal Law Specialists are ready to help you

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