For the purpose of this chapter, the following terms, phrases,
words and derivations shall have the meanings given herein. When not
inconsistent with the context, words in the plural number include
the singular and words in the singular number include the plural.
The word "shall" is always mandatory and not merely directory.
CHILD SAFETY ZONE
A park, playground, recreation center, library, school, day-care
center, private youth center, video arcade, bathing beach, swimming
pool or wading pool, gymnasium, sports field, or sports facility,
including the parking area and land adjacent to any of the aforementioned
facilities, camp bus stops when children under the age of 18 are present,
and school bus stops during scheduled school transportation hours
on school days, which is:
A.
Under the jurisdiction of any department, agency, or authority
of the City of Beverly, including but not limited to the School Department
of the City of Beverly; or
B.
Leased or licensed by the City of Beverly to another person
for the purpose of operating a park, playground, recreation center,
bathing beach, swimming pool or wading pool, gymnasium, sports field,
or sports facility.
CHILD SEX OFFENDER
A.
Any person required to register as a sex offender pursuant to MGL c. 6, §§ 178C to 178P, inclusive, and given a Level 2 or Level 3 designation by the Sex Offender Registry Board and whose victim was (or was believed by the offender to be) a child under the age of 18. For the purposes Chapter
136, the term "victim" includes a child under the age of 18 whose image or likeness is used in any crime listed in Subsection 2 of the definition of "Child Sex Offender."
B.
Any person who has not yet been classified and who resides,
has secondary addresses, works or attends an institution of higher
learning in the commonwealth and who has been convicted of or who
has been adjudicated as a youthful offender or as a delinquent juvenile,
or a person released from incarceration or parole or probation supervision
or custody with the Department of Youth Services for such a conviction
or adjudication of the following offenses: indecent assault and battery
on a child under 14 under MGL c. 265, § 13B; rape of a child
under 16 with force under MGL c. 265, § 22A; rape and abuse
of a child under MGL c. 265, § 23; assault of a child with
intent to commit rape under MGL c. 265, § 24B; kidnapping
of a child under the age of 16 under MGL c. 265, § 26; enticing
a child under the age of 16 for the purposes of committing a crime
under MGL c. 265, § 26C; indecent assault and battery on
a mentally retarded person under MGL c. 265, § 13F; assault
with intent to commit rape under MGL c. 265, § 24; inducing
a minor into prostitution under MGL c. 272, § 4A; living
off or sharing earnings of a minor prostitute under MGL c. 272, § 4B;
disseminating to a minor matter harmful to a minor under MGL c. 272,
§ 28; posing or exhibiting a child in a state of nudity
under MGL c. 272, § 29A; dissemination of visual material
of a child in a state of nudity or sexual conduct under MGL c. 272,
§ 29B; unnatural and lascivious acts with a child under
16 under MGL c. 272, § 35A; drugging persons for sexual
intercourse under MGL c. 272, § 3; aggravated rape under
MGL c. 277, § 39; knowing purchase or possession of visual
material of child depicted in sexual conduct under MGL c. 272, § 29C;
indecent assault and battery on a child under the age of 14 during
commission of certain offenses or by mandated reporters under MGL.
c. 265, § 13B 1/2; indecent assault and battery on a child
under the age of 14 by certain previously convicted offenders under
MGL c. 265, § 13B 3/4; indecent assault and battery on person
14 or older (where the victim was between 14 and 18 years of age)
under MGL c. 265, § 13H; rape of a child during commission
of certain offenses or by use of force under MGL c. 265, § 22B;
rape of a child through use of force by certain previously convicted
offenders under MGL c. 265, § 22C; rape and abuse of child
aggravated by age difference between defendant and victim or when
committed by mandated reporters under MGL c. 265, § 23A;
rape and abuse of child by certain previously convicted offenders
under MGL c. 265, § 23B; enticement of child under age 18
to engage in prostitution, human trafficking or commercial sexual
activity under MGL c. 265, § 26D; trafficking of persons
for sexual servitude; trafficking of persons under 18 years for sexual
servitude under MGL c. 265, § 50; and any attempt to commit
a violation of any of the aforementioned sections pursuant to MGL
c. 274, § 6, or a like violation of the laws of another
state, the United States or a military, territorial or Indian tribal
authority, and whose victim was a child under the age of 16.
C.
A person who has been adjudicated a sexually dangerous person
under MGL c. 123A, § 14, as in force at the time of adjudication,
or a person released from civil commitment pursuant to MGL. c. 123A,
§ 9, and whose victim was (or was believed by the offender
to be) a child under the age of 18.
D.
A person who resides in the Commonwealth of Massachusetts, has a secondary address, works at or attends an institution of higher learning in the commonwealth and has been convicted in any other state, in a federal or military court or in any foreign jurisdiction of any crime the essential elements of which are substantially the same as any of the crimes specified above in Subsection
B of the definition of "child sex offender", and which requires registration as a sexual offender in such other state or in the federal or military system, and who resides or works in this commonwealth and whose victim was (or was believed by the offender to be) a child under the age of 18.
The Chief of Police or his designee shall make reasonable efforts
to provide prompt, actual written notice of the enactment of this
chapter (which notice shall contain a copy of this chapter) to all
persons who are listed on the sex offender registry as of the effective
date of this chapter and who were given a Level 2 or Level 3 designation,
as well as those persons who are added to the sex offender registry
at such levels thereafter, which persons' addresses (as shown
on the sex offender registry) are within the City of Beverly. Such
notice requirement may be satisfied by the mailing of such notice
by registered or certified mail, return receipt requested, to the
last known address of such person as listed on the sex offender registry
or as otherwise known to the Chief of Police. The failure of any person
to receive such actual written notice shall not be a defense to a
violation of this chapter.