Sec. 1. 17-A MRSA §259 is enacted to read:

§259.__Sex offenders prohibited near schools and day care

facilities

1.__A sex offender who resides or loiters on or within 1,000 feet of school property or a day care facility is guilty of a Class C crime.

2.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Day care facility" means a house or other place in which a person or combination of persons maintains or otherwise carries out a regular program, for consideration, for any part of a day providing care and protection for 3 or more children under the age of 16.

B.__"Loiter" means:

(1)__To stand or sit idly, whether in a vehicle or not, or remain on or around school property without a reason, without a relationship involving custody of or responsibility for a pupil and without any other specific or legitimate reason for being there; or

(2)__To stand or sit idly, whether in a vehicle or not, or remain on or around school property for the purpose of engaging in or soliciting another person to engage in any of the crimes prohibited in this chapter.

C.__"Reside" means to dwell permanently or continuously or to occupy a dwelling or home as one's permanent or temporary place of abode.

D.__"Sex offender" means an individual convicted of gross sexual assault if the victim had not in fact attained 16 years of age at the time of the crime or an individual found not criminally responsible for committing gross sexual assault by reason of mental disease or defect if the victim had not in fact attained 16 years of age at the time of the crime.

E.__"School" means any preschool, kindergarten, elementary school, secondary school, vocational technical school or any other institution that has as its primary purpose the education or instruction of children under 16 years of age.