What sexual offenses put me on the Sex Offender Registry?

Before pleading to any offense, it is vital to ask, “What sexual offenses put me on the Sex Offender Registry?”

The Tennessee Code specifically cites the sexual offenses that will place a defendant on the Registry. You should absolutely know whether the offense you are charged with will place you on the Registry before deciding what legal strategy to take. Additionally, some offenses will place you on the registry simply as a ‘Sexual Offender,’ while others will place you on the Registry as a ‘Violent Sexual Offender.’

The distinction between the two is that a Sexual Offender can petition to be removed from the Registry after ten years of substantial compliance with the reporting requirements, while a Violent Sexual Offender must remain on the Registry for life regardless of their reporting compliance.

It is important to mention that a defendant does not have to be convicted of the actual offense to be placed on the Registry – the words “Attempt, Solicitation, Conspiracy, Criminal responsibility, Facilitating the commission, and Being an accessory after the fact” will not exempt a defendant. For example, imagine that a couple engaged in a criminal scheme to commit a Sexual Battery because one defendant lured the victim to the house while the other actually committed the offense. One defendant could be charged with Sexual Battery while the co-defendant was charged with Facilitation to commit Sexual Battery. Both of these defendants would be placed on the Registry if convicted even though only one committed the Sexual Battery.

Do not allow an attorney who is not knowledgeable about these offenses to think that pleading the offense down to an “Attempted” offense will avoid the Registry requirements. While this was true at one time, it is no longer accurate.

“Sexual offender” means a person who has been convicted in this state of committing a sexual offense or has another qualifying conviction. Tenn. Code Ann. 40-49-202 (19).

“Violent sexual offender” means a person who has been convicted in this state of committing a violent sexual offense or has another qualifying conviction. Tenn. Code Ann. 40-49-202 (29).

Sexual battery, under § 39-13-505
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)
Aggravated prostitution, under § 39-13-516, provided the offense occurred prior to July 1, 2010
Sexual exploitation of a minor, under § 39-17-1003
False imprisonment, where the victim is a minor, under § 39-13-302, except when committed by a parent of the minor
Kidnapping, where the victim is a minor, under § 39-13-303, except when committed by a parent of the minor
Indecent exposure, under § 39-13-511, upon a third or subsequent conviction
Solicitation of a minor, under § 39-13-528 when the offense is classified as a Class D felony, Class E felony or a misdemeanor
Spousal sexual battery, for those committing the offense prior to June 18, 2005, under former § 39-13-507 [repealed]
Attempt, under § 39-12-101, to commit any of the offenses enumerated in this subdivision
Solicitation, under § 39-12-102, to commit any of the offenses enumerated in this subdivision
Conspiracy, under § 39-12-103, to commit any of the offenses enumerated in this subdivision
Criminal responsibility, under § 39-11-402(2), to commit any of the offenses enumerated in this subdivision
Facilitating the commission, under § 39-11-403, to commit any of the offenses enumerated in this subdivision
Being an accessory after the fact, under § 39-11-411, to commit any of the offenses enumerated in this subdivision
Aggravated statutory rape, under § 39-13-506(c)
Soliciting sexual exploitation of a minor — exploitation of a minor by electronic means, under § 39-13-529
Promotion of prostitution, under § 39-13-515
Patronizing prostitution where the victim is a minor, under § 39-13-514
Observation without consent, under § 39-13-607, upon a third or subsequent conviction
Observation without consent, under § 39-13-607 when the offense is classified as a Class E felony; or
Unlawful photographing under § 39-13-605 when the offense is classified as a Class E or Class D felony
Additional offenses committed prior to November 1, 1989

Aggravated rape, under § 39-2-603 [repealed] or § 39-13-502
Rape, under § 39-2-604 [repealed] or § 39-13-503
Aggravated sexual battery, under § 39-2-606 [repealed] or § 39-13-504
Rape of a child, under § 39-13-522
Attempt to commit rape, under § 39-2-608 [repealed]
Aggravated sexual exploitation of a minor, under § 39-17-1004
Especially aggravated sexual exploitation of a minor under § 39-17-1005
Aggravated kidnapping, where the victim is a minor, under § 39-13-304, except when committed by a parent of the minor
Especially aggravated kidnapping, where the victim is a minor, under § 39-13-305, except when committed by a parent of the minor
Sexual battery by an authority figure, under § 39-13-527
Solicitation of a minor, under § 39-13-528 when the offense is classified as a Class B or Class C felony
Spousal rape, under § 39-13-507(b)(1) [repealed]
Aggravated spousal rape, under § 39-13-507(c)(1) [repealed]
Criminal exposure to HIV, under § 39-13-109(a)(1)
Statutory rape by an authority figure, under § 39-13-532
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
Solicitation, under § 39-12-102, to commit any of the offenses enumerated in this subdivision
Conspiracy, under § 39-12-103, to commit any of the offenses enumerated in this subdivision
Criminal responsibility, under § 39-11-402(2), to commit any of the offenses enumerated in this subdivision
Facilitating the commission, under § 39-11-403, to commit any of the offenses enumerated in this subdivision
Being an accessory after the fact, under § 39-11-411, to commit any of the offenses enumerated in this subdivision
Incest, under § 39-15-302
Aggravated rape of a child under § 39-13-531
Aggravated prostitution, under § 39-13-516; provided, that the offense occurs on or after July 1, 2010
Trafficking for a commercial sex act, under § 39-13-309
Promotion of prostitution, under § 39-13-515, where the person has a prior conviction for promotion of prostitution;