Sex crimes in the state of Tennessee are codified in Title 39, Chapter 13 of the Tennessee Code Annotated. These crimes may include rape, aggravated rape, sexual assault, rape, solicitation of a minor, and patronizing prostitution. Perhaps the most serious consequence of being convicted of a sex crime in Tennessee is being placed on the sex offender registry. Under Tennessee law, anyone classified as a “sex offender” or “violent sex offender” must register. The difference between the two is in the type of crime. A sex offender can be anyone who has committed crimes such as sexual assault, certain types of rape, aggravated prostitution, sexual exploitation of a minor, and others. Violent sex offenders, as the name suggests, are for more violent crimes like aggravated rape, rape, and aggravated sexual assault.
Both violent and nonviolent sex offenders are required to register upon conviction of a sex crime in Tennessee. Registration is usually done at a local law enforcement office. Violent offenders must appear in person during the months of March, June, September and December. Nonviolent sex offenders must appear in person annually between seven days before and seven days after their birthday. All violators must appear in person within 48 hours of changing residence, job or school.
Violent offenders must remain on the registry for life. Nonviolent offenders may apply for removal after ten years from the end of their sentence, whether the sentence was probation or prison. If the Tennessee Bureau of Investigation determines that the applicant has not been convicted of any additional sex crimes and has substantially complied with the registration requirements, it will remove the offender from the registry.
An exception to the ten year rule is when the offender is placed on judicial diversion. Diversion is the process of dismissing a criminal charge and removing it from the defendant’s record upon completion of probation. Diversion is a special procedure and is not available to all defendants or all charges. However, certain sex crimes in Tennessee are eligible for diversion, and for those crimes the offender may be immediately removed from the registry upon expungement of the charge. For example, both sexual assault and statutory rape are diversion-eligible sex crimes in Tennessee. Both are Class E felonies punishable from one to six years. If the defendant is sentenced to one year and is granted diversion, at the end of the year the charge can be removed from their criminal record and they can also apply to be removed from the sex offender registry.
However, this is not the case with most sex crimes in Tennessee. Most sexual offenses cannot be removed from the individual’s record through diversion and will require a record for life or at least ten years.
Criminals may have a hard time getting a job or even a place to live. Under Tennessee law, registrants whose victim was a minor may not live, work, or undergo sex offender treatment within 1,000 feet of a school, daycare, public park, recreation center, or athletic field. All offenders, whether violent or non-violent and regardless of the age of the victim, must stay off school property, day care centers, public parks and recreational facilities when the offender has reason to believe that there are children under the age of 18 present years. In other words, sex offenders can’t even go to the park.
Due to the serious and long-lasting consequences of a sex crime, individuals charged with one of these crimes should consult a Tennessee sex crimes lawyer to review the case.
