A Bill to Protect a Child's Right to Play and Deter Malicious Harassment

AN ACT relating to the rights of children; establishing the "Ajike 'AJ' Owens' Children's Freedom to Play Act"; creating new provisions regarding a child's right to unsupervised, age-appropriate outdoor play; amending provisions related to the misuse of emergency services; and providing for penalties.

SECTION 1. Short Title.

This Act shall be known and may be cited as the "Ajike 'AJ' Owens' Children's Freedom to Play Act."

SECTION 2. Legislative Findings and Declaration of Purpose.

The Legislature finds that:

(1) The freedom to engage in age-appropriate, independent outdoor play is essential for a child's healthy physical, mental, and emotional development, fostering resilience, creativity, and a sense of community belonging.

(2) Malicious or repeated unwarranted interference with a child's safe, legal play often stems from neighborhood disputes and can tragically escalate, as evidenced by the senseless loss of Ajike 'AJ' Owens, a mother whose life was taken while defending her children's right to simply play outside.

(3) The emergency 9-1-1 system is a critical resource intended for genuine emergencies involving immediate threats to life or property, and its misuse for non-emergency complaints related to children's lawful play diverts vital resources and can create a hostile environment.

(4) It is the solemn duty of the state to protect the right of children to enjoy their childhood and to ensure that no person is subjected to harassment, intimidation, or harm for engaging in, or allowing their children to engage in, lawful outdoor play.

SECTION 3. A Child's Right to Play.

(a) Right to Public Play.

Notwithstanding any local ordinance to the contrary, a child who is of sufficient age and maturity to reasonably care for their own well-being shall have the right to play outdoors, without continuous adult supervision, on public property including, but not limited to, parks, sidewalks, common areas, or undeveloped public land, provided the child's activity is not otherwise unlawful, an imminent danger, or a direct and immediate obstruction of traffic.

(b) Right to Private Property Play.

A child shall have the right to play outdoors, without continuous adult supervision, on private property, provided the child has express or reasonably implied permission from the property owner or the lawful custodian of the property. This includes but is not limited to:

(1) The child’s own residence property or the common areas of their residential complex.

(2) The property of a neighbor or friend, where permission has been granted.

(c) Non-interference.

No person shall intentionally obstruct, harass, or interfere with a child engaging in lawful play as defined in subsections (a) and (b), except in cases of immediate necessity to prevent a child's clear and present danger of serious injury.

SECTION 4. Misuse of Emergency Services for Harassment.

(a) Unwarranted Emergency Call Defined.

For the purposes of this Section, an "Unwarranted Emergency Call" means contacting the 9-1-1 emergency system, or other local emergency line, for the explicit and sole purpose of complaining about or seeking law enforcement intervention regarding a child's activity, when such activity constitutes lawful play under Section 3 and does not involve any reasonable, verifiable threat of immediate physical harm, kidnapping, sexual abuse, or significant property destruction.

(b) Penalty for Repeated Malicious Misuse.

Any person who makes two (2) or more Unwarranted Emergency Calls regarding the same or similar lawful play activity by a child or group of children within a twelve (12) month period, and where the caller's intent is found to be for the purpose of harassment, intimidation, or retaliation against the child or their family, shall be guilty of a misdemeanor of the first degree.

(c) Aggravated Misuse.

Any person who commits a violation of subsection (b) after having been previously convicted of a violation of subsection (b) shall be guilty of a felony of the third degree, punishable by a term of imprisonment not to exceed [Insert State-Specific Maximum Term, e.g., five (5)] years.

SECTION 5. Construction and Effect on Other Laws.

(a) Prudent Parent Standard.

Nothing in this Act shall be construed to invalidate or supersede existing laws that protect a child from neglect, abuse, or endangerment, provided that the determination of neglect or endangerment is not based solely on a child's engagement in independent and unsupervised activities, such as playing outdoors, traveling to or from nearby locations, or remaining at home for a reasonable period, unless such activities constitute willful and wanton conduct that endangers the health or safety of the child, consistent with the standard of a prudent parent.

(b) Community Rules.

Homeowners' association (HOA) rules, condominium association rules, or similar private community covenants that are more restrictive than the provisions of this Act relating to a child's freedom to play shall be deemed unenforceable to the extent of such conflict.

SECTION 6. Effective Date.

This Act

shall take effect on [Insert Date].