Sexual Offender or a Violent Sexual Offender? Learn the difference!
These qualifying convictions would classify a person as a Sexual Offender
The Tennessee Code defines a “Sexual Offender” as anyone convicted of the following “Sexual Offenses.” Tenn. Code Ann. § 40-39-202(19)&(20). They are organized by the offense date (see below).
On or after November 1, 1989:
- (i) Sexual battery, under § 39-13-505;
- (ii) Statutory rape, under § 39-13-506, if the defendant has one (1) or more prior convictions for mitigated statutory rape under § 39-13-506(a), statutory rape under § 39-13-506(b) or aggravated statutory rape under § 39-13-506(c), or if the judge orders the person to register as a sexual offender pursuant to § 39-13-506(d);
- (iii) Aggravated prostitution, under § 39-13-516, provided the offense occurred prior to July 1, 2010;
- (iv) Sexual exploitation of a minor, under § 39-17-1003;
- (v) False imprisonment where the victim is a minor, under § 39-13-302, except when committed by a parent of the minor;
- (vi) Kidnapping, where the victim is a minor, under § 39-13-303, except when committed by a parent of the minor;
- (vii) Indecent exposure, under § 39-13-511, upon a third or subsequent conviction;
- (viii) Solicitation of a minor, under § 39-13-528 when the offense is classified as a Class D felony, Class E felony or a misdemeanor;
- (ix) Spousal sexual battery, for those committing the offense prior to June 18, 2005, under former § 39-13-507 [repealed];
- (x) Attempt, under § 39-12-101, to commit any of the offenses enumerated in this subdivision (20)(A);
- (xi) Solicitation, under § 39-12-102, to commit any of the offenses enumerated in this subdivision (20)(A);
- (xii) Conspiracy, under § 39-12-103, to commit any of the offenses enumerated in this subdivision (20)(A);
- (xiii) Criminal responsibility, under § 39-11-402(2), to commit any of the offenses enumerated in this subdivision (20)(A);
- (xiv) Facilitating the commission, under § 39-11-403, to commit any of the offenses enumerated in this subdivision (20)(A);
- (xv) Being an accessory after the fact, under § 39-11-411, to commit any of the offenses enumerated in this subdivision (20)(A);
- (xvi) Aggravated statutory rape, under § 39-13-506(c);
- (xvii) Soliciting sexual exploitation of a minor — exploitation of a minor by electronic means, under § 39-13-529;
- (xviii) Promotion of prostitution, under § 39-13-515;
- (xix) Patronizing prostitution where the victim is a minor, under § 39-13-514;
- (xx) Observation without consent, under § 39-13-607, upon a third or subsequent conviction;
- (xxi) Observation without consent, under § 39-13-607 when the offense is classified as a Class E felony; or
- (xxii) Unlawful photographing, under § 39-13-605 when the offense is classified as a Class E or Class D felony.
(B) Prior to November 1, 1989:
- (ii) Statutory rape, under § 39-2-605 [repealed], only if the facts of the conviction satisfy the definition of aggravated statutory rape;
- (iii) Assault with intent to commit rape or attempt to commit sexual battery, under § 39-2-608 [repealed];
- (x) Kidnapping where the victim is a minor, under § 39-2-303 [repealed], except when committed by a parent of the minor;
- (xi) Solicitation, under § 39-1-401 [repealed] or § 39-118(b) [repealed], to commit any of the offenses enumerated in this subdivision (20)(B);
- (xii) Attempt, under § 39-1-501 [repealed], § 39-605 [repealed], or § 39-606 [repealed], to commit any of the offenses enumerated in this subdivision (20)(B);
- (xiii) Conspiracy, under § 39-1-601 [repealed] or § 39-1104 [repealed], to commit any of the offenses enumerated in this subdivision (20)(B); or
- (xiv) Accessory before or after the fact, or aider and abettor, under title 39, chapter 1, part 3 [repealed], to any of the offenses enumerated in this subdivision (20)(B).
These qualifying convictions would classify a person as a Violent Sexual Offender
The Tennessee Code defines a “Violent Sexual Offender” as anyone convicted of the following “Violent Sexual Offenses.” Tenn. Code Ann. § 40-39-202(29)&(30).
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- (A) Aggravated rape, under § 39-2-603 [repealed] or § 39-13-502;
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- (B) Rape, under § 39-2-604 [repealed] or § 39-13-503;
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- (C) Aggravated sexual battery, under § 39-2-606 [repealed] or § 39-13-504;
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- (D) Rape of a child, under § 39-13-522;
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- (E) Attempt to commit rape, under § 39-2-608 [repealed];
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- (F) Aggravated sexual exploitation of a minor, under § 39-17-1004;
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- (G) Especially aggravated sexual exploitation of a minor, under § 39-17-1005;
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- (J) Sexual battery by an authority figure, under § 39-13-527;
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- (K) Solicitation of a minor, under § 39-13-528 when the offense is classified as a Class B or Class C felony;
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- (N) Criminal exposure to HIV, under § 39-13-109(a)(1);
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- (O) Statutory rape by an authority figure, under § 39-13-532;
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- (P) Criminal attempt, under § 39-12-101, § 39-12-501 [repealed], § 39-605 [repealed], or § 39-606 [repealed], to commit any of the offenses enumerated in this subdivision (30);
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- (V) Incest, under § 39-15-302;
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- (W) Aggravated rape of a child, under § 39-13-531;
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- (X) Aggravated prostitution, under § 39-13-516; provided, that the offense occurs on or after July 1, 2010;
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- (Y) Trafficking for a commercial sex act, under § 39-13-309; or
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- (Z) Promotion of prostitution, under § 39-13-515, where the person has a prior conviction for promotion of prostitution.