Sex Offender RegistryLegal Update

Jeanne BroadwellTBI General Counsel

October 8, 9, 13, 2015

Public Chapter 284

• Adds the crime of Sexual Contact with Inmates (TCA 39-16-408) to the definition of Sexual Offense but allows offenders registered for this crime to apply for termination after three years.

• Took effect on 07/01/2015.

Public Chapter 316

• Clarifies that in order to qualify as a Violent Juvenile Sexual Offender the offender must have been at least 14 but less than 18 years old when the offense was committed.

• Took effect on 04/28/2015.

Public Chapter 469

• Allows offenders who are registered for Aggravated Prostitution to petition the sentencing court for termination of registration requirements based on the offender’s status as a victim of human trafficking, a sexual offense or domestic abuse. If the court grants the petition the offender shall be removed from the sex offender registry. Took effect on 07/01/2015.

Public Chapter 516

• Makes it unlawful for registered Sexual Offenders and Violent Sexual Offenders to be “alone with” a minor or minors in a “private area”; makes some exceptions for offenders who are parents of minors.

Defines “alone with” as follows:

Public Chapter 516, (cont’d.)

• (A) "Alone with" means one (1) or more offenders covered by this subsection is in the presence of a minor or minors in a private area; and

• (i) There is no other adult present in the area;• (ii) There is another adult present in the area

but the adult is asleep, unconscious, or otherwise unable to observe the offender and the minor or minors;

Public Chapter 516 (cont’d.)

• (iii) There is another adult present in the area but the adult present is unable or unwilling to come to the aid of the minor or minors or contact the proper authorities, if necessary; or

• (iv) There is another adult present in the area but the adult is also a sexual offender or violent sexual offender mandated to comply with the requirements of this chapter.

Public Chapter 516 (cont’d.)

• If the offender is in a private area where the offender has the right to be, the offender is not "alone with" a minor or minors if the offender is engaged in an otherwise lawful activity and the presence of the minor or minors is incidental, accidental, or otherwise unrelated to the offender's lawful activity.

Public Chapter 516 (cont’d.)

• "Private area" means in or on any real or personal property, regardless of ownership, where the conduct of the offender is not readily observable by anyone but the minor or minors alone with the offender.

Public Chapter 516 (cont’d.)

• If the private area contains multiple rooms, such as a hotel, motel, or other place of temporary lodging, any room, rooms, or other area that the offender occupies with a minor or minors and that otherwise meets the requirements of this definition shall be considered a private area.

Public Chapter 516 (cont’d.)

• The exceptions to this new prohibition are the same as those that apply to the prohibition against Sexual Offenders and Violent Sexual Offenders whose victims were minors knowingly residing with minors.

• The exception is for the offender who is the parent of the minor unless:

Public Chapter 516 (cont’d.)

• 1. The offender’s parental rights have been or are in the process of being terminated; or

• 2. Any minor or adult child of the offender was a victim of a sexual offense or violent sexual offense committed by the offender.

• What is a parent?

Public Chapter 516 (cont’d.)

• According to TCA 40-39-202(11):

• “Parent” means any biological parent, adoptive parent or step-parent, and includes any legal or court-appointed guardian or custodian; however, “parent” shall not include step-parent if the offender's victim was a minor less than thirteen (13) years of age.

Public Chapter 516 (cont’d.)

• Clarifies that registering agencies can send registration information and updates to TBI by electronic means rather than by mail.

• Adds “any social media accounts” to required registration information.

• Took effect on 07/01/2015.

Questions?

• Jeanne Broadwell• jeanne.broadwell@tn.gov• (615) 744-4208 (Direct)