May 18, 2022 | Sex Crimes
It may seem silly to ask how far away a person is if they are 1,000 feet from a school in Lexington, KY. However, the question becomes essential in some criminal cases.
When granting a restraining order, a judge may order a defendant to stay a certain distance away from a person. In addition, a statute could require a person to remain a specific distance from certain places. For example, sex offenders must follow specific guidelines when choosing their residence and work because they cannot be near children.
However, measuring distance can be challenging. Where do you begin? Is it door to door, or do you use the property lines to measure distance?
How Is 1,000 Feet From a School Measured Under Kentucky Criminal Law?
In many states, including Kentucky, a sex offender cannot live, work, or come within 1,000 feet of a school, daycare facility, or preschool. A mile equals 5,280 feet.
Therefore, a sex offender can live within a mile of these facilities but no closer than 1,000 feet. That is about one-quarter of a mile from the school.
There are different ways to measure the distance from one point to another point. However, a person convicted of a sex crime must comply with the law.
Kentucky Revised Statute §17.545(1) states that a sex offender cannot reside within 1,000 feet of a school as measured in a “straight line” from the nearest property line of the school to the nearest property line of the person’s residence. Therefore, walking or driving routes may not be used to calculate the distance as those routes are rarely straight lines.
What Are the Penalties for Breaking the Law Regarding Living Within 1,000 Feet of a School?
A registered sex offender caught living within 1,000 feet of a school, or similar facility can be charged with a Class A misdemeanor. The penalty for a first offense is a maximum fine of $500 and a maximum jail sentence of 12 months.
A second offense of living within 1,000 miles of a school is a Class D felony. The person can be sentenced to one to five years in prison for a conviction.
If you have been convicted of a sex crime in Lexington, you need to be very careful when measuring the distance to any school, daycare, playground, or other similar facilities. A miscalculation could result in significant prison time.
Whenever there is a doubt, it is best to err on the side of caution. Remaining at least a mile away from a school is generally the best way to protect yourself from being accused of violating the 1,000-foot law.
Do I Have to Register as a Sex Offender in Kentucky?
Sex crimes that result in sex offender status include, but are not limited to:
- Sexual assault
- Sex abuse
- Statutory rape (sex with a minor)
- Production of child pornography
- Sexual misconduct
- Human trafficking
- Indecent exposure
- Child molestation
The Kentucky State Police provides sex offender registration information to the public. If you are 18 years old or older and convicted of a sex crime, you are considered a sex offender. The law requires that you register as a sex offender.
What Should I Do if I Am Accused of a Sex Crime in Lexington, KY?
Never try to contact the alleged victim or their family members. You cannot talk your way out of a criminal charge after it has been filed. In addition, trying to contact the victim could result in additional criminal charges.
Also, do not talk to the police or the prosecutor without a lawyer present. You have the right to remain silent after your arrest. The officers can ask questions as long as they want to waste their time, but you are not legally required to respond.
As soon as possible, contact a sex crimes lawyer. You need an experienced criminal defense attorney to fight sex crime charges. The penalties for sex crimes are harsh.
You could face years in prison, substantial fines, and lifelong registration as a sexual offender. Being convicted of a sex crime could make it impossible for you to pursue some careers.
Sex offenders have trouble finding a place to live. A sex crime charge could impact your rights as a parent. Fighting the charges is the only way to clear your name and avoid living with the stigma of being a sexual offender.
Contact the Lexington Criminal Defense Attorneys at Suhre & Associates, LLC For Help Today
Suhre & Associates, LLC – Lexington
333 West Vine Street #212
Lexington, KY 40507