What sexual offenses are not eligible for judicial diversion?
I discuss judicial diversion more fully at my other site www.MemphisDiversion.com, but this site also discusses the sex offenses that disqualify a defendant from judicial diversion. Keep in mind that a defendant can be charged originally with one offense, yet resolve the case (through either a trial or negotiated agreement) on a lesser included offense. For that reason, please contact me even if you are currently charged with one of the offenses below.
Tenn. Code Ann. 40-35-.13. Punishment for certain sex offenders. Probation — Conditions — Discharge and dismissal — Expunction from official records — Fee. (Excerpt)
(i) As used in this subsection (a), “qualified defendant” means a defendant who:
(a) Is found guilty of or pleads guilty or nolo contendere to the offense for which deferral of further proceedings is sought;
(b) Is not seeking deferral of further proceedings for any offense committed by any elected or appointed person in the executive, legislative or judicial branch of the state or any political subdivision of the state, which offense was committed in the person’s official capacity or involved the duties of the person’s office;
(c) Is not seeking deferral of further proceedings for a sexual offense, a violation of § 71-6-117 or § 71-6-119, driving under the influence of an intoxicant as prohibited by § 55-10-401, or a Class A or B felony;
(d) Has not previously been convicted of a felony or a Class A misdemeanor for which a sentence of confinement is served; and
(e) Has not previously been granted judicial diversion under this chapter or pretrial diversion.
(ii) As used in subdivision (a)(1)(B)(i)(c), “sexual offense” means conduct that constitutes:
(a) Aggravated prostitution, as described in § 39-13-516;
(b) Aggravated rape, as described in § 39-13-502;
(c) Aggravated sexual battery, as described in § 39-13-504;
(d) Aggravated sexual exploitation of a minor, as described in § 39-17-1004;
(e) Attempt, as described in § 39-12-101, solicitation, as described in § 39-12-102 or conspiracy, as described in § 39-12-103, to commit any of the offenses enumerated in this subdivision (a)(1)(B)(ii);
(f) Especially aggravated sexual exploitation of a minor, as described in § 39-17-1005;
(g) Rape, as described in § 39-13-503;
(h) Rape of a child, as described in § 39-13-522;
(i) Sexual battery by an authority figure, as described in § 39-13-527;
(j) Sexual exploitation of a minor, as described in § 39-17-1003; or
(k) Statutory rape by an authority figure, as described in § 39-13-532.