Failure to Register in Tennessee can result in mandatory jail time
Don’t get caught off-guard by TCA 40-39-208. Failure to Register – Sex Offender Registry. Sexual Offenders are required to register pursuant to The Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004. The specific requirements are listed below.
Failure to Register is a continuing offense, so unfortunately once an Offender is out of compliance, there is no consideration given when the Offender takes steps to get back into compliance.
The charge can result in a felony conviction, and it increases the likelihood that Sexual Offenders will not be removed from the Sex Offender Registry after ten years for substantial compliance. If you have been charged with Failure to Register, please contact me immediately to discuss how we can defend your reputation and your freedom. Read more about the registry requirements from the Tennessee Bureau of Investigation.
Tenn. Code Ann. 40-39-208. Violations – Penalty – Venue – Providing records for prosecution
(a) It is an offense for an offender to knowingly violate any provision of this part. Violations shall include, but not be limited to:
(1) Failure of an offender to timely register or report;
(2) Falsification of a TBI registration form;
(3) Failure to timely disclose required information to the designated law enforcement agency;
(4) Failure to sign a TBI registration form;
(5) Failure to pay the annual administrative costs, if financially able;
(6) Failure to timely disclose status as a sexual offender or violent sexual offender to the designated law enforcement agency upon reincarceration;
(7) Failure to timely report to the designated law enforcement agency upon release after reincarceration;
(8) Failure to timely report to the designated law enforcement agency following reentry in this state after deportation; and
(9) Failure to timely report to the offender’s designated law enforcement agency when the offender moves to another state.
(b) A violation of this part is a Class E felony. No person violating this part shall be eligible for suspension of sentence, diversion or probation until the minimum sentence is served in its entirety.
(c) The first violation of this part is punishable by a fine of not less than three hundred fifty dollars ($350) and imprisonment for not less than ninety (90) days.
(d) A second violation of this part is punishable by a fine of not less than six hundred dollars ($600) and imprisonment for not less than one hundred eighty (180) days.
(e) A third or subsequent violation of this part is punishable by a fine of not less than one thousand one hundred dollars ($1,100) and imprisonment for not less than one (1) year.
(f) A violation of this part is a continuing offense. If an offender is required to register pursuant to this part, venue lies in any county in which the offender may be found or in any county where the violation occurred.