Sherman, TX Public Conduct: Loitering Rules (2026)

Section 8.02.006 is narrow by design. It applies only to a "specified sex offender," defined as a person required to register under chapter 62 of the Texas Code of Criminal Procedure for a reportable conviction or adjudication of listed offenses: indecency with a child, sexual assault of a child, aggravated sexual assault of a child, sexual performance by a child, possession or promotion of child pornography, continuous sexual abuse of young child, or online solicitation of a minor. Ordinary residents and visitors in the City of Sherman, Texas are not covered, and the code file contains no general loitering or obstruction prohibition for the public.

The prohibited area is a school, child-care facility, playground, public park, video arcade area, or the center, which is the Taylor Street Gym at 1424 West Taylor with its structures, grounds and parking areas. Subsection (b) makes it unlawful for a specified sex offender to loiter within 500 feet of a prohibited area while children under the age of seventeen are present.

The definition of loiter has three prongs. It means to enter and remain in the prohibited area for more than five minutes, whether or not in a vehicle; to repeatedly enter the area more than two times in twenty-four hours, or to be in an area without a valid legal reason for entering or remaining; or to remain after being asked to leave by a person in authority. A person in authority is the chief administrative officer of the school or child-care facility, that officer's authorized agent, or a peace officer.

Subsection (c) removes any culpable mental state requirement. Subsection (d) lists defenses, including already residing within 500 feet of the prohibited area, being a parent or guardian of a child in the area absent a court order restricting access, being enrolled in the school, holding prior written permission from the owner or someone with apparent authority, and being in active transit in a motor vehicle on a direct route on a public street.