Tenn. Code § 39-13-703

Current through Acts 2023-2024, ch. 1069

Section 39-13-703 - Part definitions

As used in this part, unless the context otherwise requires:

(1) "Board" means the sex offender treatment board created in § 39-13-704;

(2) "Sex offender" means any person who is convicted in this state, on or after January 1, 1996, of any sex offense, or if such person has been convicted in another state of an offense that would constitute a sex offense in this state, and who is subject to parole or probation supervision by the department of correction pursuant to an interstate compact;

(3) "Sex offense" means any felony or misdemeanor offense described as follows:

(A) The commission of any act that, on or after January 1, 1996, constitutes the criminal offense of:

(i) Rape of a child, as defined in § 39-13-522;

(ii) Aggravated rape, as defined in § 39-13-502;

(iii) Rape, as defined in § 39-13-503;

(iv) Aggravated sexual battery, as defined in § 39-13-504;

(v) Sexual battery, as defined in § 39-13-505;

(vi) Statutory rape, as defined in § 39-13-506;

(vii) Incest, as defined in § 39-15-302;

(viii) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subdivision (3)(A); and

(ix) Criminal responsibility for the facilitation of a felony when the specific felony facilitated is any of the offenses specified in this subdivision (3)(A);

(B) The commission of any act that, on or after July 1, 2008, constitutes the criminal offense of:

(i) Sexual battery by an authority figure, as defined in § 39-13-527;

(ii) Solicitation of a minor, as defined in § 39-13-528;

(iii) Exploitation of a minor by electronic means, as defined in § 39-13-529; provided, that the victim of the offense is less than thirteen (13) years of age;

(iv) Aggravated rape of a child, as defined in § 39-13-531;

(v) Statutory rape by an authority figure, as defined in § 39-13-532;

(vi) Sexual exploitation of a minor, as defined in § 39-17-1003;

(vii) Aggravated sexual exploitation of a minor, as defined in § 39-17-1004;

(viii) Especially aggravated sexual exploitation of a minor, as defined in § 39-17-1005;

(ix) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subdivision (3)(B); and

(x) Criminal responsibility for the facilitation of a felony when the specific felony facilitated is any of the offenses specified in this subdivision (3)(B); or

(C) The commission of any act that, on or after July 1, 2021, constitutes the criminal offense of:

(i) Trafficking for commercial sex act, as prohibited by § 39-13-309;

(ii) Patronizing prostitution from a person who is younger than eighteen (18) years of age or has an intellectual disability, as prohibited by § 39-13-514;

(iii) Promoting the prostitution of a minor, as prohibited by § 39-13-515;

(iv) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subdivision (3)(C); and

(v) Criminal responsibility for the facilitation of a felony when the specific felony facilitated is any of the offenses specified in this subdivision (3)(C); and

(4) "Treatment" means therapy and supervision of any sex offender that conforms to the standards created by the board pursuant to § 39-13-704.

T.C.A. § 39-13-703

Amended by 2021 Tenn. Acts, ch. 365, s 1, eff. 5/11/2021.

Acts 1995, ch. 353, § 4; 1996, ch. 968, § 1; 1998, ch. 1049, § 12; 2008 , ch. 1015, § 1; 2012 , ch. 727, § 6.