State of Oklahoma v. Jesse William Hodge, Jr.

Stillwater, Oklahoma criminal defense lawyer represented the Defendant charged with Violation of Zone of Safety by Entering A Park, in violation of 21 O.S. 1125, which provides:



A. A zone of safety is hereby created around elementary, junior high and high schools, permitted or licensed child care centers as defined by the Department of Human Services, playgrounds, parks or the residence of a victim of a sex crime.



1. A person is prohibited from loitering within five hundred (500) feet of any elementary, junior high or high school, permitted or licensed child care center, playground, or park if the person has been convicted of a crime that requires the person to register pursuant to the Sex Offenders Registration Act or the person has been convicted of an offense in another jurisdiction, which offense if committed or attempted in this state, would have been punishable as one or more of the offenses listed in Section 582 of Title 57 of the Oklahoma Statutes and the victim was a child under the age of sixteen (16) years.



2. A person is prohibited from entering any park if:



a. the person has been designated as a habitual or aggravated sex offender as provided in Section 584 of Title 57 of the Oklahoma Statutes, or



b. the person has been convicted of an offense in another jurisdiction, which offense, if committed or attempted in this state, would designate the person as a habitual or aggravated sex offender as provided in Section 584 of Title 57 of the Oklahoma Statutes.



3. A person is prohibited from loitering within one thousand (1,000) feet of the residence of his or her victim if:



a. the person who committed a sex crime against the victim has been convicted of said crime, and



b. the person is required to register pursuant to the Sex Offenders Registration Act.



B. A person convicted of a violation of subsection A of this section shall be guilty of a felony punishable by a fine not exceeding Two Thousand Five Hundred Dollars ($2,500.00), or by imprisonment in the county jail for a term of not more than one (1) year, or by both such fine and imprisonment. Any person convicted of a second or subsequent violation of subsection A of this section shall be punished by a fine not exceeding Two Thousand Five Hundred Dollars ($2,500.00), or by imprisonment in the custody of the Department of Corrections for a term of not less than three (3) years, or by both such fine and imprisonment. 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.



C. 1. 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:



a. 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



b. 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.



Prior to entering the zone of safety for the purposes listed in this paragraph, 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.



2. 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.



D. 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 State of Oklahoma 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.



E. Nothing in this section shall prohibit a person, who is registered as a sex offender pursuant to the Sex Offenders Registration Act, 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.



F. For purpose of prosecution of any violation of this section, the provisions of Section 51.1 of this title shall not apply.



G. As used in this section, "park" means any outdoor public area specifically designated as being used for recreational purposes that is operated or supported in whole or in part by a homeowners' association or a city, town, county, state, federal or tribal governmental authority.

JUDGE KULLING/NOT RECORDED: THE STATE APPEARS BY ATTORNEY, J.R. KALKA. THE DEFENDANT APPEARS FROM THE PAYNE COUNTY JAIL AND WITH ATTORNEY. THE DEFENDANT IS SWORN, AND TESTIMONY IS HEARD. THE DEFENDANT ENTERS A PLEA OF GUILTY TO THE CHARGES IN CF-24-217. THE COURT ADVISES THE DEFENDANT OF THEIR RIGHTS AND ACCEPTS THEIR PLEA. IN COUNT 1 THE DEFENDANT IS TO SERVE 1 YEAR IN THE CUSTODY OF THE PAYNE COUNTY JAIL WITH THE TERM TO BE SUSPENDED BUT FOR 6 MONTHS TO SERVE. IN COUNT 2 THE DEFENDANT IS TO SERVE 1 YEAR IN THE CUSTODY OF THE PAYNE COUNTY JAIL WITH THE TERM TO BE SUSPENDED. THE COUNTS ARE TO RUN CONSECUTIVELY ONE AFTER THE OTHER. SPECIAL CONDITION IS TO BE SUBJECT TO RANDOM DRUG TESTING. THE DEFENDANT IS TO BE SUPERVISED BY THE DEPARTMENT OF CORRECTIONS. THE DEFENDANT IS ORDERED TO PAY COURT COST, COST OF INCARCERATION AND THE DISTRICT ATTORNEY PROSECUTION FEES AS REQUIRED BY STATE STATUE. THE DEFENDANT IS ORDERED TO APPEAR IN THE OFFICE OF THE CLERK OF THIS COURT, THE DISTRICT ATTORNEY'S OFFICE DEPARTMENT OF CORRECTIONS WITHIN 180 DAYS FROM RELEASE TO ADDRESS PAYMENT OF FINES, COSTS, FEES AND SUPERVISION. THE COURT ADVISES THE DEFENDANT OF THEIR APPEAL RIGHTS. THE DEFENDANT'S BOND IS EXONERATED. THE COURT STRIKES THE 2-24-25 TRIAL DATE.