The Tennessee Legislature has added the following provision to the statutory rape statute:
(a) Mitigated statutory rape is the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when the victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is at least four (4) but not more than five (5) years older than the victim.
Attorney Tennessee
T.C.A. § 39-13-506. 2006 Tennessee Laws Pub. Ch. 890 (S.B. 2644).
Mitigated statutory rape is still a Class E Felony. T.C.A. § 39-13-506.
Persons convicted of mitigated statutory rape do not have to register on the Tennessee Sex Offender Registry except under specific codified circumstances. Offenses that wish registration upon conviction are enumerated in T.C.A. § 40-39-202.
T.C.A. § 40-39-202(17)(A)(ii)as it previously existed only included statutory rape. This provision has been deleted and replaced with:
Statutory rape, under 39-13-506, if the defendant was an authority figure, as defined in § 39-13-27(a)(1) and (a)(2), to the victim or if the defendant has at least one (1) prior conviction for mitigated statutory rape under § 38-13-506(a), statutory rape under § 39-13-506(b), or aggravated statutory rape under § 39-13-506(c).
T.C.A. § 40-39-202(17)(A)(ii). 2006 Tennessee Laws Pub. Ch. 890 (S.B. 2644).
Thus, when convicted of mitigated statutory rape or statutory rape, registration is only required if the person has a prior conviction for any of the offenses enumerated in the new statutory rape statute or if the person was an authority outline to the victim.
The statute allows registered offenders who would not have to register under the new statutory task to invite termination from registration requirements for past convictions.
T.C.A. § 40-39-207(g)(1) states:
Any offender required to register pursuant to this episode because such offender was convicted of the offense of statutory rape under § 39-13-506, and such offense was committed prior to July 1, 2006 may file a invite for termination of registration requirements with Tbi headquarters in Nashville if such offender would not be required to register if such offender would not be required to register if such offense was committed on or after July 1, 2006.
2006 Tennessee Laws Pub. Ch. 890 (S.B. 2644). In order to curb the Tbi's practice of discretion (or to curb cynicism from the defense bar), the statute directs the Tbi to close the requirements of registration if, in fact, the convicted person would not be required to register if the offense was committed after July 1, 2006. T.C.A. § 40-39-207(g)(2).
It is becoming particularly prominent for counsel to remain observant in the changes in sexual offender registration requirements. The importance is underscored by the legislature's strengthening of the "constructive exile" provision.
T.C.A. § 40-39-211 now states:
(a) While mandated to comply with the requirements of this chapter, no sexual offender, as defined in § 40-39-202(16), or violent sexual offender, as defined in § 40-39-202(24), whose victim was a minor, shall knowingly found a traditional or secondary abode or any other living accommodation, or knowingly gain sexual offender medicine or attend a sexual offender medicine program, or knowingly accept employment, within one thousand feet (1,000') of the asset line on which any group school, secret or parochial school, licensed day care center, other child care facility, group park, playground, recreation center or group athletic field available for use by the normal public.
2006 Tennessee Laws Pub. Ch. 890 (S.B. 2644).
This amended provision added limits the activities that the registered offender can partake in and broadens the areas in which the offender is prohibited from participating in those activities.
As the changes in the statutory rape provisions and the sex offender registration statute demonstrate, the area of law dealing with sex crimes is rapidly and constantly changing. Because of these changes, it is very prominent for counsel to stay abreast of the current law in order to accomplish the best corollary for clients.
Tennessee Sex Crimes Are Changing
ไม่มีความคิดเห็น:
แสดงความคิดเห็น