Sex Offender Registry Legal Update Jeanne Broadwell TBI General Counsel August 11, 14, 15, 2014

Public Chapter 722 Adds the crime of Patronizing Prostitution to the definition of Sexual Offense but only if the victim was a minor.

Public Chapter 729 Adds the crime of Observation Without Consent to the definition of Sexual Offenses but only upon a third or subsequent conviction.

Public Chapter 744 Restores pre-1989 Attempts to the definition of Violent Sexual Offense. Requires all sexual offenders with convictions from other jurisdictions (except certain offenders convicted of statutory rape) to remain on Tennessee’s registry for at least five years before they can apply for termination from the registry.

Public Chapter 751 Allows county, metropolitan form of government or municipality by a 2/3 vote of its legislative body to establish a community notification system regarding registered offenders and to add a fee of up to $50.00 to the offender’s annual administrative fee to pay for it.

Public Chapter 751 (cont’d.) (b) Forms of notification a county, metropolitan form of government or municipality may elect to establish include: (1) Notification by the sheriff's office or police department to residents, schools and child- care facilities located within a specified number of feet from the offender's residence;

Public Chapter 751 (cont’d.) (2) A community notification flyer, whether made by regular mail or hand delivered, to all legal residences within the specified area; (3) Posting a copy of the notice in a prominent place at the office of the sheriff and at the police station closest to the declared residence of the offender;

Public Chapter 751 (cont’d.) (4) Publicizing the notice in a local newspaper, or posting electronically, including the Internet; (5) Notifying homeowners associations within the immediate area of the declared residence of the offender; or (6) Any other method reasonably expected to provide notification.

Public Chapter 751 (cont’d.) (c) Nothing in this section shall be construed as prohibiting the Tennessee bureau of investigation, a sheriff, or a chief of police from providing community notification under this section electronically or by publication or periodically to persons whose legal residence is more than the applicable distance from the residence of an offender.

Public Chapter 770 Creates a new designation called “offender against children” for offenders whose victims were 12 years of age or less at the time of the offense. Regardless of the conviction offense these offenders must remain on the registry for life.

Public Chapter 770 (cont’d.) The Attorney General’s Office has advised TBI that this designation and its lifetime registration requirement are retroactive. This bill also adds Aggravated Sexual Battery to the definition of Violent Juvenile Sexual Offense but only if it was committed on or after July 1, 2014.

Public Chapter 992 Adds residency and work restrictions to offenders whose victims were adults. Does not add sex offender treatment restrictions to offenders whose victims were adults. In order to violate this new provision the offender must knowingly establish the residence or knowingly accept employment on or after July 1, 2014.

Public Chapter 977 Adds two offenses to definition of Sexual Offense: 1. Observation Without Consent when it is a Class E felony (i.e., victim was under 13 years old) 2. Unlawful Photographing when it is a Class D or Class E felony (i.e., victim was under 13 years old and offender disseminates the photo

Public Chapter 977, cont’d. or victim was under 13 years of age or offender disseminates photo).