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Sex Offender Registry Law

2019 UPDATES
 
Public Chapter 232: Amended T.C.A. 40-39-208 (a) by creating a new registry violation. Any offender who is currently on the registry and is convicted of a subsequent sexual offense, violent sexual offense, or violent juvenile sexual offense can be charged with a registry violation.
 
Public Chapter 374: Amended T.C.A. 40-39-211(c) by adding language that prohibits a sexual offender or violent sexual offender, whose victim was a minor, from conducting an overnight visit at a residence where a minor resides or is present. The Public Chapter also prohibits sexual offenders or violent sexual offenders from residing, conducting an overnight visit, or being alone with a minor if the offender has been convicted of a sexual offense or violent sexual offense in which the victim was under twelve years of age.
 
Public Chapter 437: Created a new offense. This offense is called aggravated unlawful photography. This offense criminalizes photographs knowingly taken of a minor, when the minor has a reasonable expectation of privacy, if the photograph: (1) Depicts the minor in a state of nudity; and (2) was taken for the purpose of sexual arousal or gratification of the defendant. This crime is punishable as a class C felony, but doesn’t prevent a prosecutor from additional charging under another criminal statute as well. The crime has also been added as a sexual offense to the Tennessee Sex Offender Registry.
 
Public Chapter 502: Added two new provisions to T.C.A. 40-39-207 that allows for offenders to apply for termination, without registering for 10 years, if they fall within one of the two categories listed below:
 
1. A sexual offender who pled guilty to a sexual offense under 40-35-313 prior to May 24, 2019 and has successfully completed diversion may be removed from the registry upon request; or
2. A sexual offender who pleads guilty under 40-35-313 after May 24th, 2019 to sexual battery under 39-313-505, mitigated statutory rape under 39-313-506(a) or statutory rape under 39-313-506 (b) may upon request be removed from the registry upon successful completion of diversion.
 
If an offender qualifies for termination under one of these provisions, they must submit a termination request. Any offender who would have qualified for termination under this law, who previously was denied for termination, must resubmit a new termination request.