R.Edwards - June 23, 2023 - Registered Sex Offenders and Public Beaches

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 June 23, 2023 Raymond L. Edwards, Esq. City Prosecutor, Pass Christian Post Office Box 277 Pass Christian, Mississippi 39571 Re: Registered Sex Offenders and Public Beaches Dear Mr. Edwards: The Office of the Attorney General has received your request for an official opinion. Questions Presented 1. Is a registered sex offender in violation of the law by residing less than five hundred feet from a public beach? 2. Is a public beach within the definition of “playground, ballpark or other recreational facility” in Mississippi Code Annotated Section 45-33-25(4)(a)? Brief Response 1. A registered sex offender who wishes to reside less than five hundred feet from a public beach must receive advance approval from the Director of the Department of Public Safety Sex Offender Registry pursuant to Section 45-33-26, which provides that registered sex offenders may not lawfully be in or about a public beach without advance approval. 2. Whether a public beach fits within the definition of “playground, ballpark or other recreational facility” as set forth in Section 45-33-25(4)(a) requires a factual determination upon which this office may not opine. Applicable Law and Discussion Section 45-33-26(1)(b) provides, in pertinent part, that “[i]t is unlawful for a person required to register as a sex offender under Section 45-33-25 to visit or be in or about any public beach or public campground where minor children congregate without advance approval from the Director Raymond L. Edwards, Esq. June 23, 2023 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 of the Department of Public Safety Sex Offender Registry.” (Emphasis added). The statute does not contemplate the residence of a sex offender in relation to a public beach, but it does prohibit a sex offender from “be[ing] in or about any public beach” without approval. Id. (Emphasis added). Therefore, a registered sex offender would be required to have advance approval to reside less than five hundred feet from a public beach. In response to your second question, Section 45-33-25(4)(a), which contemplates the residence of a sex offender, does not explicitly address residence in relation to a public beach. It does, however, prohibit a sex offender from residing within three thousand feet of “the real property comprising a public or nonpublic elementary or secondary school, a child care facility, a residential child-caring agency, a children’s group care home or any playground, ballpark or other recreational facility utilized by persons under the age of eighteen (18) years.” (Emphasis added). Although “recreational facility” is not defined in that chapter or elsewhere in the Code, “[a]ll words and phrases contained in the statutes are used according to their common and ordinary acceptation and meaning; but technical words and phrases according to their technical meaning.” Miss. Code Ann. § 1-3-65. “Recreation” is defined as “refreshment of one’s mind or body after work through activity that amuses or stimulates; play.” The American Heritage Dictionary of the English Language (4th ed. 2006). “Facility” is defined as “something created to serve a particular function.” Id. Whether a public beach fits within the definition of “recreational facility” as used in Section 45-33-25(4)(a) requires a factual determination which we are unable to make by official opinion. Miss. Code Ann. § 7-5-25. Such determination should be made by the governing authority subject to review by a court of competent jurisdiction. If this office may be of any further assistance to you, please do not hesitate to contact us. Sincerely, LYNN FITCH, ATTORNEY GENERAL By: /s/ Abigail C. Overby Abigail C. Overby Special Assistant Attorney General