Tennessee Sex Offender Records

What is a Sex Offender?

Individuals charged and convicted of criminal sexual behavior such as rape, sexual assault, and the production and dissemination of pornographic material are referred to as "sex offenders." The criminal and unlawful sexual behaviors they are convicted of are called sexual offenses.

In Tennessee, sexual offenses are considered crimes against persons and classified as violent crimes. As a result, regardless of the validity of the allegation, any charge of sexual abuse is unpleasant and damages a defendant's reputation, career, and life in general. Violating sex crime statutes in this state usually results in devastating consequences, such as lengthy or lifelong prison terms, steep fines, and sex offender registration.

Besides the harsh sentences imposed by the state courts, convicted sex offenders are marked for life because their offenses have a negative impact on society. As a result, following a sex offender's release into the community, the authorities may use the Tennessee sex offender registry to disseminate their name, address, and photograph for public awareness and safety purposes.

Offenders who register in Tennessee are constantly monitored and tracked to prevent a subsequent offense. State laws determine the duration of this observation. Also, if a person becomes a registered sex offender, the individual's job and residency opportunities may become severely limited, and these limitations may last for the rest of the offender's life.

Who is Considered a Sex Offender in Tennessee?

Section 40-39-202 of the Tennessee Code categorizes sex offenders according to the sex offense that leads to their conviction. Hence, there are sexual offenders, violent sexual offenders, and violent juvenile sexual offenders.

A "sexual offender" is anyone who has been convicted of committing a sexual act deemed unlawful by the state. Per § 40-39-202(20) of the Tennessee Code, such conduct includes:

Rape
Sexual battery
Sexual exploitation of a minor
Incest
Solicitation of a minor

A "violent sexual offender" is an individual convicted of a severe or violent sex crime. This type of offender can be a sexual and violent sexual offender or a violent juvenile sexual offender. They are also known as "Offenders against children," when the victim is age 12 or less.

Following a conviction for any sexual offense, offenders in this category may be released on probation or parole. However, they may be subject to active supervision by the Tennessee Department of Corrections, as stipulated by law.

A "violent juvenile sexual offender" refers to a person convicted of a violent juvenile sexual offense and who was at least 14 years old but under 18 years old at the time of the offense. Violent juvenile offenses include aggravated rape, aggravated sexual battery, child rape, and other violent sexual crimes. These crimes are the same as those that make a person to be considered a violent sexual offender. However, because the individual is below the age of majority, the law regards them as violent juvenile sexual offenders instead.

What are the Different Types of Sex Offenses in Tennessee?

Under Tennessee law, the charges for sexual offenses span from Class B misdemeanors, which are punishable by adequate fines and jail time, to Class A felonies, which are punishable by up to 60 years in prison and thousands of dollars in fines.

While these offenses typically entail unlawful sexual activity, it is crucial to note that penalties are imposed not just by the type of activity but also by the participants' ages and mental capacity. As such, an offense can become aggravated if a victim is underage, mentally ill, or physically helpless.

Tennessee's sexual offenses are highlighted in Title 39, Chapter 13, and Part 5 of the state's code. The following are some of these crimes:

Rape (Tenn. Code Ann. § 39-13-50)

Tennessee defines rape as an act of sexual intercourse or sexual penetration of a person:

Without the victim's agreement, regardless of whether fraud, force, or coercion was employed.
In the mouth. (The penetration does not have to be through the vaginal or anal orifices; mouth penetration counts as rape too.)
With an object. (The perpetrator does not need to use their genitals or any other part of their body to commit the crime; penetration using an object is equally rape.)
The victim is mentally ill, mentally incompetent, or physically incapable, and therefore unable to consent. As a result, sexual intercourse with such individuals may be considered rape in Tennessee.

Here, sexual penetration is defined as sexual intercourse, oral sex, anal intercourse, or any other intrusion, however minor, of any region of a victim's body or the insertion of any item into the victim's genital or anal openings without semen emission.

Rape crime is a Class B felony in Tennessee.

Statutory Rape (Tenn. Code Ann. §§ 39-13-506 to 532)

Because of Tennessee's close-in-age exemption, the penalty of this crime varies. The close-in-age exemption allows minors aged 15 to 17 to have consensual sex with someone who is not 5 or more years older than them without it being statutory rape. There are several categories of statutory rape in the state:

Statutory rape (a Class E Felony) occurs under the following circumstances:
- The perpetrator is 4 to 9 years older than the victim, who is 13 to 14 years old
- The perpetrator is 5 to 9 years older than the victim, who is 15 to 17 years old.
Aggravated statutory rape

Sexual penetration is considered aggravated statutory rape (a Class D felony) when the victim is 13 to 17 years of age and the offender is 10 years of age or older.

Mitigated statutory rape

Sexual penetration is considered mitigated statutory rape when the victim is at least 15 years old but below 18, and the defendant is at least 4 but not more than 5 years older than the victim. It is a Class E felony.

Rape of a child

If someone sexually penetrates a minor at least 4 years old but less than 13, it is not statutory rape but child rape. Such a person is guilty of a Class A felony. In these circumstances, the child's consent (or lack thereof) is irrelevant because a minor cannot consent to a sexual act.

Aggravated rape

Sexual penetration is considered aggravated rape (Tenn. Code Ann. § 39-13-502) and a Class A felony under the following circumstances:

The child victim was less than 4 years old.
The defendant was equipped with a weapon, or anything the victim reasonably assumed was a weapon, and force or coercion was employed.
The defendant injured the victim physically.
One or more persons assisted the defendant, and they used force or coercion.
One or more persons assisted the defendant, and they knew or should have known that the victim was mentally ill, mentally disabled, or physically incapable.
Sexual contact with a minor by an authoritative individual

This occurs when:

The offender touches or kisses a child on the lips for sexual arousal or gratification.
The victim is below 18.
The culprit is 4 years or older than the victim.
The offender has supervisory or custodial authority over the victim.
This crime is a Class A misdemeanor that carries a maximum of 11 months and twenty-nine days in prison. It also includes a statutory minimum fine of $1,000 and a maximum of $2,500.
Statutory rape by an authoritative individual (Class B felony)

This occurs when:

The individual who performs the unlawful sexual penetration is at least 4 years older than the victim, who is 13 to 17 years of age.
The offender has supervisory or custodial authority over the minor and uses their position or influence to carry out the sexual act.
Sexual battery by an authority figure

This Class C Felony occurs when an authority figure has sexual contact with a victim, and:

The victim is 13 to 17 years old
The defendant has supervisory or custodial authority over the minor
The victim is mentally ill or incapacitated, regardless of age

Sexual Battery (Tenn. Code Ann. § 39-13-505)

Unlike rape, sexual battery (a Class E felony) does not involve penetration. Instead, it occurs when someone has sexual contact with another individual's private parts. It can happen in the following situations:

The victim is mentally ill, mentally handicapped, or physically defenseless.
Force or compulsion is used.
Without the victim's consent.

Aggravated Sexual Battery (Tenn. Code Ann. § 39-13-504)

This sex offense is a Class B felony that occurs when someone engages in sexual contact with another, and:

The perpetrator is armed with a weapon and using force or coercion.
The offender injures the victim.
Others assist the offender in the act, and they employ force or coercion.
One or more persons assist the defendant, and they know that the victim is mentally ill or physically incapacitated.
The victim is under 13 years old.

Indecent Exposure (Tenn. Code Ann. § 39-13-511)

This occurs when someone intentionally engages in a sexual act or appears nude in a public place. It could also constitute masturbating or groping another individual's genitals in a public area. When compared to other types of sex offenses, indecent exposure is a relatively minor sexual offense. It is a Class B misdemeanor unless the offense is aggravated because of unlawful age differences between the participants.

Penalties for Tennessee Sex Offenses (Tenn. Code. Ann § 40-35-111)

The following are the penalties for sex crimes in Tennessee:

Class A Felony: 15 to 60 years in prison and a maximum fine of $50,000. For aggravated rape of a child, life imprisonment without parole may be imposed.
Class B felony: A prison term of 8 to 30 years and a maximum fine of $25,000
Class C felony: A prison term of 3 to 15 years and a maximum fine of $10,000
Class D Felony: A prison term of 2 to 12 years and a maximum fine of $5,000.
Class E felony: A prison sentence of 1 to 6 years and a maximum fine of $3,000.
Class B misdemeanor: A jail sentence not greater than 6 months, a maximum fine of $500, or both.

Besides these sentences, convicted offenders will be required to submit their identifying information for publishing on the state's sex offender registry.

What Types of Sex Offenders Exist in Tennessee?

Following the Sex Offender Registration and Notification Act (SORNA) that requires US states to classify sex offenders into tiers based on their offenses, Tennessee classifies sex offenders into three tiers: Tier 1, Tier 2, and Tier 3.

Tier 1 offenders

This category is for first-time offenders who have been convicted of tier 1 offenses such as unlawful confinement of a minor and receiving or possessing child pornography. Offenders in this category must register for 15 years. However, Tier 1 offenders who have avoided committing other sex offenses or other criminal convictions for more than a year may request to be removed from the registry after ten years. The person requesting removal must also meet other criteria, like completing a state-approved sex offender treatment program.

Tier 2 offenders

Individuals with prior sex convictions and who received a prison sentence of over one year fall into this category. Crimes involving minors in prostitution or solicitation, compelling a child to engage in unlawful sexual conduct, sexual contact with 13-year-old minors and older, and the dissemination and production of pornographic material are among the convictions that lead offenders to be classified in this category. Individuals assigned to this category must register for 25 years.

Tier 3 offenders

This is the most serious of all classifications. Offenders who have previously committed Tier 2 offenses and other violent sexual crimes are in this category. These crimes include the non-parental kidnapping of a child or minor and sexual activities committed using force or by incapacitating or drugging a victim.

Offenders in this group are required to register for the rest of their lives. While Tier 1 offenders are required to update their registration information once a year, and Tier 2 offenders once every six months, Tier 3 offenders must update their registration information once every three months.

How to Find a Sex Offender Near Me in Tennessee

The quickest approach to finding a sex offender in Tennessee is to contact the Tennessee Bureau of Investigation and other law enforcement organizations. Per the Tennessee Open Records Act, all government information must be provided to the public upon request. This information includes court data, vital records, criminal records, and sex offender information. As such, inquirers who want to learn about sex offenders can visit their local police stations or request sex offender records through the authorized channels.

Members of the public can also request access to the criminal history database from the Tennessee Bureau of Investigation. By doing this, they may access an offender's criminal record and find the following information:

Offender's name and known aliases
Age and birthdate
Physical identifying information, such as height, weight, hair color, eye color, race
Body markings, such as tattoos or scars
Offenses, convictions, and court sentences
Correctional status
Photograph/mugshot, etc.

To obtain this record, the inquirer must submit a public record request to the department by filling the online request form with their details (name and address). They must also provide their credit card information to pay for the service because a criminal history background check costs a non-refundable $29.00 fee. However, obtaining sex offender information through this method may be ineffective. This is because an inquirer must provide the offender's first and last name. As such, people can only search for sex offenders they know, not offenders close to their locations.

On the other hand, the Tennessee Sex Offender Registry offers a free, simple, and more expansive method for locating sex offenders in Tennessee. The database contains comprehensive data on those who have been convicted of sex offenses. Typically, the state and municipal law enforcement authorities gather and retain sex offender data in compliance with the sex offender registration statute. This information is then displayed on the website, and anybody can view it at no cost.

Interested members of the public may also obtain public record information from third-party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. In order to use a third-party site, record seekers may be required to provide all or some of the following information:

The full name on the record of choice
The last known or current address of the named individual
The address of the requestor

What Happens When You Register as a Sex Offender in Tennessee?

Sex offenders required to register in Tennessee will typically face restrictions in their daily lives. Per Tenn. Code Ann. § 40-39-211, they may encounter limitations in where they can live or work. For instance, registered sex offenders are banned from living within 1,000 feet of a school and taking a job that requires them to be around children. However, sex offenders who live near children's facilities can remain there if the residence was established before their conviction.

In addition to residency limitations, state laws prohibit any contact between registered sex offenders and their victims. These sex offenders cannot come within 100 feet of their previous victims. They are also prohibited from contacting former victims or their close family members without the victim's consent or a parent or guardian's approval if the victim is a minor.

Additionally, people on the registry may have difficulties when traveling. Before traveling out of state, they must acquire authorization and alert law enforcement.

Anyone who violates the restrictions specified in Tenn. Code Ann. § 40-39-211 will be penalized with a fine of at least $350 and at least 90 days in prison. A second offense attracts a fine of at least $600 and a sentence of at least 180 days in jail. A third/subsequent offense will result in a fine of at least $1,100 and incarceration for at least a year.

Apart from the restrictions above, sex offenders must report any changes to their registration information (residence, job, or school) within 48 hours. Nonetheless, periodic updates are mandatory for offenders, and they must do this in person at their registering agency. Depending on the sex crime the offender was convicted for, updates may be done quarterly, biannually, or annually. Annual updates are necessary for non-violent offenders, while quarterly updates are required for violent sexual offenders.

What is the Tennessee Sex Offender Registry?

The Tennessee Sex Offender Registry collates and regularly updates information on convicted sex offenders and sexually violent predators. It provides details such as the offender's name and aliases, county, zip code, and identifying data, such as race, age, body markings, and photographs. Under the Tennessee Sex Offender Registration and Monitoring Act, persons convicted of sex-related crimes and assaults must register with local law enforcement bodies within 48 hours after release from the court’s judgment or relocating to the state. The duration of registration on the SOR depends on the severity and nature of the sex crimes. For instance, violent sexual offenders must register for life on the Tennessee Sex Offender Registry.

Interested members of the public may also obtain public record information from third party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. To use a third-party site, record seekers may be required to provide all of some of the following information:

The full name on the record of choice
The last known or current address of the named individual
The address of the requestor

Who Runs the Tennessee Sex Offender Registry?

The Tennessee Bureau of Investigation is the state-level custodian of all sex offender information. It maintains sex offender files and an online sex offender's database. The bureau also works in conjunction with local and state law enforcement agencies to collate and update the whereabouts of all registered sex offenders. Under the T. C. A. § 40-39-206, the TBI must forward all sex offender tracking, verification, and registration information to the Federal Bureau of Investigations' Identification Bureau. In addition, the TBI must maintain the "Tennessee Internet Criminal Information Center Hotline,” a toll-free phone number, to provide sex offenders' information to the public members.

Information Available on the Sex Offender Registry

The Tennessee Sex Offender Registry updates the following information on registered sex offenders:

Offender's complete name, including pseudonyms, tribal names, and aliases;
Date of birth;
Secondary and primary addresses, including county, zip code, and house number;
Race and gender;
The offender's violent sexual offense or sexual offense;
Offender's date of last verification;
Offender's most recent photograph submitted to the SOR;
Address and name of the institution at which the offender is an employer or a student;
Offender's parole officer;
Offender's state or federal issued identification number or driver license number;
Offender's physical description, such as color of hair and eyes, body markings, weight, and height;
Nature of sex crime.

Who is Exempt From the Tennessee Sex Offender Registry?

Not all convicted sex offenders are listed on the Tennessee Sex Offender Registry. Per the TBI Rule 1395-1-5-.07, the following offenders are exempt from the online registry:

The sex offender is dead;
The offender was adjudicated as a minor and not convicted as an adult;
Does not live in the state (Offenders must notify the MSP Sex Offender Unit within 48 hours before moving out of state);
The offender was removed from the PSOR by a judge;
The amount of time the person was required to register has passed.

In contrast, certain offenders are required to register on the SOR for life. For example, persons convicted of sexually violent offenses and those with previous and present convictions for sex crimes.

What are the Sex Offender Laws in Tennessee?

Tennessee utilizes the Sex Offender Registration and Monitoring Act to track, monitor, and govern all convicted sex offenders residing in the state. The Act complies with the National Sex Offender Registration and Notification Act (SORNA) guidelines to create a streamlined penalty and registration process for sex offenders in all the states. Congress enacted the SORNA as the Title I of the Adam Walsh Child Protection and Safety Act.

The Tennessee Sex Offender Registration and Monitoring Act empower the TBI to administer and maintain the Sex Offender Registry. Hence, sex offenders are required to complete a TBI sex offender registration and monitoring form at least ten days after a release from incarceration or discharge from probation or parole. Offenders must complete and sign the form before delivering it in-person to the TBI Headquarters at the address below:

Tennessee Bureau of Investigation
Criminal Intelligence Unit
Sex Offender Registry
901 R.S. Gass Boulevard
Nashville, TN 37216-2639
Phone: (888) 837-4170

Sex offenders in Tennessee can obtain the registration and monitoring form at law enforcement agencies in their jurisdiction, probation or parole officers, the Tennessee Department of Safety, and the Tennessee Department of Corrections.

Per the Sex Offender Registration and Monitoring Act, The TBI will verify an offender’s current address every 90 days after receiving the sex offender registration and monitoring form. Offenders who fail to update their information with law enforcement bodies or other supervisory bodies are prosecuted under the Tennessee Sex Offender Registration and Monitoring Act.

In addition, the TBI is mandated to create and update a file for each registered offender. The TBI must notify the probation officer, the district attorney general, and any other officer or employee responsible for the sex offender’s supervised release. In compliance with SORNA, Tennessee’s Sex Offender Registration and Monitoring Act maintains a tier system for classifying sex offenders residing or working in the state.

Can a Sex Offender Live With Their Family in Tennessee

The Tennessee Sex Offenders Registration and Monitoring Act does not prevent sex offenders from living with persons related by blood or marriage. However, the Registration Act allows a case-by-case basis if the crime victim is the sex offender’s family member. Per the § 40-39-202, sex offenders whose victim was a minor are restricted from living with a minor, irrespective of the relationship with a minor. Notwithstanding, offenders may reside with minors if they are the parent of the minor, except for the following conditions:

If the adult child or minor was a victim of sexual-related crimes perpetrated by the offender
The court has revoked or is in the process of terminating the offender's parental rights.

In addition, under 40-39-211(c) and 40-29-202 (11), the act restricts registered offenders, whose victims were below 13 years of age, from living where a minor resides. Therefore, sex offenders who are step-parents to minors are not exempted from the rule.

How Long Do Sex Offenders Have to Register in Tennessee?

The Tennessee Sex Offender Registration and Monitoring Act requires the compulsory registration of all convicted sex offenders on the sex offender registry. The duration of registration on the registry differs for different sex crime offenders.

For instance, tier I sex offenders must register on the registry for 15 years after the final release from the court’s judgment. They must register with a law enforcement agency in their jurisdiction or any other supervisory agency employees like probation or parole officers and DOC employees. Sex offenders who maintain a clean criminal record can petition the court to remove their names and information from the sex offender registry. In contrast, tier II sex offenders must compulsorily register for 25 years, while tier III offenders are required to register for life on the sex offender registry.

Do Sex Offenders Have to Notify Neighbors?

The Tennessee Sex Offender Registration and Monitoring Act do not require sex offenders to notify neighbors of their sex offender status. Nevertheless, the act mandates that all sex offenders notify their local law enforcement agency or supervisory body at least 48 hours before moving to a new location. Per the current state laws, sex offenders are prohibited from living, working, or loitering within 1,000 feet of a school, children’s park, and other children-related activities and locations.

Members of the public can find sex offenders living in their community through the Sex Offender Registry. The online system enables public members to search for registered sex offenders in their neighborhood. The record seeker must input the address, city, zip code, and offender address type to access the information.

In addition, interested persons can find information on sex offenders residing in their community by contacting the Sex Offender Registry via phone call at (888) 837-4170. The hotline is available to handle inquiries from Mondays to Fridays, 7:00 a.m. till 8:30 a.m. In addition, interested persons can contact the Sex Offender Registry via mail at TBISORMGR@tn.gov.

Do Offenders Have to Put Up a Sign in Tennessee?

Sex offenders in Tennessee are not required to put a sign in their yard during Halloween or any other event. However, the state permits the use of GPS monitoring devices to track the location of sexually violent offenders in real-time.

For instance, offenders convicted of criminal sexual conduct of the first degree or second degree are subjected to a lifetime of electronic monitoring. However, GPS monitoring does not apply to sex offenders convicted of an attempt to commit sex crimes.

The Tennessee Department of Corrections (TDC) currently monitors over 2,100 sex offenders using GPS technology and probation officers. The TDC provides sex offenders with a risk and needs assessment when they are released from prison. In addition, sex offenders are monitored for at least one month via GPS.

Sometimes, the TDC requires offenders to wear a GPS monitoring device for more than three months, depending on the offender's perceived risk to public safety. Also, parole and probation officers make surprise home visits to offenders to ensure they adhere to the terms and conditions. High-risk sex offenders or sexually violent predators may receive up to seven surprise visits from probation officers in a month.

How Close Can a Sex Offender Live Close to a School in Tennessee?

As defined in § 40-39-202, no sex offender whose victim is a minor shall intentionally establish a temporary or permanent residence, attend a sexual offender treatment program, or gain employment within 1000 feet of school property. In addition, state laws restrict sex offenders from living close to daycare centers, playgrounds, child care facilities, and recreation centers. In addition, offenders whose victim was a minor are restricted from contacting any of their former victims and must stay 100 feet away from their victim at all times. In contrast, sex offenders whose victims were adults can knowingly establish residence or gain employment within 1,000 feet of school property or any child-centric center or event.

Can You Expunge a Sex Offender Charge in Tennessee?

Offenders can expunge their sex offender charge by sending a written request to the Tennessee Bureau of Investigation's Sex Offenders Registry Unit. The written request must contain the following statement: kindly consider me for termination from the Tennessee Sex Offender Registry. In addition, the request must contain the following details:

The offender's full name and aliases;
Date of the letter;
TOMIS/So number;
Offender's address;
Date of birth.

Offenders must send the written request to terminate sex charges to the address provided below:

TBI Sex Offender Registry
901 R.S. Gass Boulevard
Nashville, TN 37216

How to Look Up Sex Offenders in Tennessee

Interested public members can view and access information on all registered sex offenders in the state via the Tennessee Sex Offender Registry. Via the online database, public members may search for sex offenders by filling out the following details:

The offender's full name and aliases
City
County
TID Number
ZIP code

Is Public Urination an Offense in Tennessee?

According to Tennessee state law, public urination falls under the category of public indecency. The law charges persons convicted of first or second-time public indecency with a Class B misdemeanor. Offenders may pay over $500 in fines for a Class B misdemeanor. However, public urination may serve as the precursor to more serious sex crimes, such as indecent exposure.

What is Indecent Exposure in Tennessee?

As defined in 39-13-511., a person is convicted of indecent exposure by intentionally exposing the private parts in a public place in a bid to offend an ordinary viewer or for sexual gratification. In addition, persons who knowingly invite a minor into a residence for sexual gratification by exposing the private part are convicted of indecent exposure. Indecent exposure is a Class A misdemeanor, and offenders may spend up to a year in jail and pay $1,500 in fines.

How to Report a Sex Offender in Tennessee

Members of the public can report a suspected sex offender by contacting the local law enforcement agency in that region. The Agency will take appropriate measures to ensure that the erring sex offender is apprehended and convicted, according to the Tennessee Sex Offender Registration and Monitoring Act.