For lack of one more day, a
sex offender living in Peachtree City would be in violation of a state
law saying his home is too close to a recreation facility.
But because Floyd William Bacon
signed up for the state's sex offender database on June 3 -
one day before the new law took effect - he cannot be held in violation
of that law, according to Fayette County Magistrate James A. White.
Bacon, 41, was convicted in
Texas in December 1999 for committing an indecent act with a child, according
to the state sex offender database.
Bacon lives at 310 Walnut Grove
Rd., which was measured within 680 feet of the Riley Field recreation
complex, according to Sgt. Belinda McCastle of the Fayette County Sheriff's
Department. The new law forbids a registered sex offender from living
within 1,000 feet of any child care facility, school, park, recreation
facility, playground, gym, neighborhood center and similar facilities
providing programs or services directed towards persons under 18 years
of age.
But he is not held to the standards
of the new law because criminal law in Georgia cannot be made retroactive,
White explained.
"According to the detective,
he had registered with the sheriff's office like he was supposed
to before the law went into effect," White said. "When he moved
into the house it was legal."
Should Bacon move away and
return to that house, however he would then be in violation of that statute,
White said. Anyone found guilty of violating the new law faces a prison
sentence of between one and three years.
Georgia law requires those
who move here to register as a sex offender even if they were convicted
in another state. The sex offender registry, which is maintained by the
Georgia Bureau of Investigation, is published on the Internet and may
be viewed by clicking on the link to "sex offenders" on the
GBI home page at www.state.ga.us/gbi/index.html.
The Internet site features
a search engine where residents can use a city, county or ZIP code to
search for sex offenders in their area. The database also includes photos
of many of the registered sex offenders and the date their address was
last verified.
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