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<br />(d) Neither allegation nor evidence <br />state is required for the proof of <br />this Article. <br /> <br />of a culpable mental <br />an offense defined in <br /> <br />Sec. 42-105. Affirmative Defenses. <br /> <br />It is an affirmative defense to prosecution under this Article <br />that any of the following conditions apply: <br /> <br />1) <br /> <br />The person who established the permanent or <br />temporary residence has complied with all the sex <br />offender registration laws of the State of Texas, <br />prior to the date of the adoption of this <br />ordinance. <br />The person was a minor when he/she committed the <br />offense and was not convicted as an adult. <br />The person is a minor. <br />~ <br />The premises where children commonly gather, as <br />specified herein, wi thin 1000 feet of the <br />person's permanent or temporary residence was <br />opened after the person established the permanent <br />or temporary residence and complied with all sex <br />offender registration laws of the State of Texas. <br />The person proves that the information on the <br />Database is incorrect and that, if corrected, <br />this Article would not apply to the person. <br />The person is under an order of a court of <br />competent jurisdiction in the State of Texas or <br />of the Texas Department of Criminal Justice <br />Parole Board instructing the person to reside at <br />a location within 1000 feet of any premises where <br />children commonly gather. <br /> <br />2) <br /> <br />3) <br />4 ) <br /> <br />5) <br /> <br />6) <br /> <br />Sec. 42-106. Penalty for violation of this Article. <br /> <br />Any Person, as the term "Person" is defined in the Texas Penal <br />Code, who violates this Article and upon conviction in the <br />municipal court of this city, shall be guilty of a misdemeanor <br />and subject to a fine for each offense in an amount established <br />by the city and listed in Appendix B of this Code, but in no <br />event shall such fine exceed $500." <br /> <br />Section 3. The City of La Porte hereby encourages each <br />individual, company, real estate agent, broker, vendor or dealer <br />selling a home or other dwelling, or individual or entity <br />renting or leasing an apartment, home, or other dwelling, when <br />the property that is the subject of the sale or lease is located <br />within the corporate limits of the City of La Porte, to notify a <br />prospective purchaser or renter of this ordinance by providing a <br />