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Mann v. State

O.C.G.A. § 42-1-13-which prohibits registered sex offenders from living within 1,000 feet of specified places-does not permit the regulatory taking of property without just and adequate compensation.

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Appellant Anthony Mann appeals the denial of his request for declaratory relief that would hold OCGA § 42-1-13, which prohibits registered sex offenders from living within one thousand feet of specified places, unconstitutional. Finding no merit to appellant’s contentions, we affirm. In March 2002, appellant pled nolo contendere to a North Carolina charge of taking indecent liberties with a child. He then returned to Georgia, took up residence in his parents’ home of thirty-seven years, and began serving a probated sentence. Appellant also registered, as required by law, with the Georgia Sex Offender Registry.1

In June 2003, OCGA § 42-1-13 took effect, prohibiting convicted sex offenders who are required to register with the Sex Offender Registry from residing within one thousand feet of a child care facility, a school, or any area where minors congregate. In August 2003, appellant’s probation officer notified him that because he was living within one thousand feet of a child care facility in violation of section 42-1-13, he would be required to vacate his residence.

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