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187394v1 <br />Permanent Residence – A place where a person abides, lodges or resides for 14 or more <br />consecutive days. <br />School – Any public or non-public educational institution that offers educational instruction to <br />individuals under the age of 18. <br />Temporary Residence – A place, other than a person’s permanent residence, where a person <br />abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year <br />or four or more consecutive or non-consecutive days during any month. <br />Sec. 70-279. - Residency Prohibition; Penalties; Exception. <br />(a) Residency Prohibition. <br />(1) It is unlawful for any designated offender to establish a permanent residence or <br />temporary residence within 2,000 feet of any school, day care center, park or <br />playground. <br />(2) For purposes of determining the minimum distance separation, the requirement shall <br />be measured by following a straight line from the outer property line of the permanent <br />residence or temporary residence of the designated offender to the nearest outer <br />property line of a school, day care center, park or playground. <br /> <br />(b) Penalties. A person who violates this section shall be punished by a fine not exceeding $1,000, <br />or by confinement for a term not exceeding 90 days, or by both such fine and confinement. <br />Each day a person maintains a residence in violation of this chapter constitutes a separate <br />violation. <br /> <br />(c) Exceptions. A designated offender residing within a prohibited area as described in subsection <br />(a) does not commit a violation of this section if any of the following apply: <br />(1) The designated offender established the permanent residence or temporary residence <br />and reported and registered the residence pursuant to M.S. § 243.166, § 243.167, or <br />successor statute, prior to the effective date of this section. <br />(2) The designated offender was a minor when he or she committed the offense and was <br />not convicted as an adult. <br />(3) The designated offender is a minor. <br />(4) The school, day care center, park or playground within 2,000 feet of the designa ted <br />offender’s permanent residence or temporary residence was designated or opened after <br />the designated offender established the permanent residence or temporary residence <br />and reported and registered the residence pursuant to M.S. § 243.166 or § 243.167, or <br />successor statute. <br />(5) The residence is also the primary residence of the designated offender’s parents, <br />grandparents, siblings, spouse or adult children. <br />(6) The residence is a property owned by the Minnesota Department of Corrections.