Covered Crimes

Q. What are the crimes that will keep a person from working in a licensed residential child care facility if the person either resides at the location or performs any services at the facility and has contact with the children being cared for at the facility?

A. A covered crime for licensed residential child care facilities is being arrested, charged or convicted of any of the following crimes:

1. Any felony (a felony is any crime which carries a sentence of 1 year or more). Note: A sentence of 12 months is not the same as 1 year. Generally, if a person receives a sentence of 12 months, it is a misdemeanor conviction.

2. A violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor.

3. A violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor.

4. A violation of Chapter 6 of Title 16, relating to sexual offenses, including rape; sodomy; aggravated sodomy; statutory rape; child molestation; aggravated child molestation; enticing a child for indecent purposes; sexual assault against persons in custody; sexual assault against persons detained or against a patient in a hospital or other institution; sexual assault by a practitioner of psychotherapy against a patient; bestiality; necrophilia; public indecency; prostitution; keeping a place of prostitution; pimping; pandering; pandering by compulsion; solicitation of sodomy; masturbation for hire; giving massages in place used for lewdness, prostitution, assignation, or masturbation for hire; fornication; adultery; incest; sexual battery; and aggravated sexual battery (Please note: The offenses of bigamy or marrying a bigamist are excluded from these offenses for purposes of being considered covered crimes).

5. A violation of Code Section 16-4-1, relating to criminal attempt when the crime attempted is any of the crimes specified by this paragraph.

6. Any other offenses committed in another jurisdiction which, if committed in this State, would be one of the enumerated crimes listed in this paragraph.