State Codes and Statutes

Statutes > Tennessee > Title-40 > Chapter-39 > Part-2 > 40-39-211

40-39-211. Residential and work restrictions.

(a)  While mandated to comply with the requirements of this chapter, no sexual offender, as defined in § 40-39-202, or violent sexual offender, as defined in § 40-39-202, whose victim was a minor, shall knowingly establish a primary or secondary residence or any other living accommodation, knowingly obtain sexual offender treatment or attend a sexual offender treatment program or knowingly accept employment within one thousand feet (1,000¢) of the property line of any public school, private or parochial school, licensed day care center, other child care facility, public park, playground, recreation center or public athletic field available for use by the general public.

(b)  No sexual offender, as defined in § 40-39-202, or violent sexual offender, as defined in § 40-39-202, shall knowingly:

     (1)  Reside within one thousand feet (1,000¢) of the property line on which the offender's former victims or the victims' immediate family members reside;

     (2)  Come within one hundred feet (100¢) of any of the offender's former victims, except as otherwise authorized by law; or

     (3)  Contact any of the offender's former victims or the victims' immediate family members without the consent of the victim or consent of the victim's parent or guardian if the victim is a minor being contacted by telephone, in writing, by electronic mail, Internet services or any other form of electronic communication, unless otherwise authorized by law.

(c)  While mandated to comply with the requirements of this part, no sexual offender, as defined in § 40-39-202, or violent sexual offender, as defined in § 40-39-202, whose victim was a minor, shall knowingly reside with a minor. Notwithstanding this subsection (c), the offender may reside with a minor, if the offender is the parent of the minor, unless one (1) of the following conditions applies:

     (1)  The offender's parental rights have been or are in the process of being terminated as provided by law; or

     (2)  Any minor or adult child of the offender was a victim of a sexual offense or violent sexual offense committed by the offender.

(d)  (1)  No sexual offender, as defined in § 40-39-202, or violent sexual offender, as defined in § 40-39-202, shall knowingly:

          (A)  Be upon or remain on the premises of any building or grounds of any public school, private or parochial school, licensed day care center, other child care facility, public park, playground, recreation center or public athletic field available for use by the general public in this state when the offender has reason to believe children under eighteen (18) years of age are present;

          (B)  Stand, sit idly, whether or not the offender is in a vehicle, or remain within one thousand feet (1,000¢) of the property line of any building owned or operated by any public school, private or parochial school, licensed day care center, other child care facility, public park, playground, recreation center or public athletic field available for use by the general public in this state when children under eighteen (18) years of age are present, while not having a reason or relationship involving custody of or responsibility for a child or any other specific or legitimate reason for being there; or

          (C)  Be in any conveyance owned, leased or contracted by a school, licensed day care center, other child care facility or recreation center to transport students to or from school, day care, child care, or a recreation center or any related activity thereof when children under eighteen (18) years of age are present in the conveyance.

     (2)  Subdivision (d)(1) shall not apply when the offender:

          (A)  Is a student in attendance at the school;

          (B)  Is attending a conference or other scheduled event with school, day care, child care, park, playground or recreation center officials as a parent or legal guardian of a child who is enrolled and participating in the conference or other scheduled event of the school, day care center, other child care center, park, playground or recreation center;

          (C)  Resides at a state licensed or certified facility for incarceration, health or convalescent care; or

          (D)  Is dropping off or picking up a child or children and the person is the child or children's parent or legal guardian.

     (3)  The exemption provided in subdivision (d)(2)(B) shall not apply if the victim of the offender's sexual offense or violent sexual offense was a minor at the time of the offense and the victim is enrolled in the school, day care center, recreation center or other child care center that is participating in the conference or other scheduled event.

(e)  Changes in the ownership or use of property within one thousand feet (1,000¢) of the property line of an offender's primary or secondary residence or place of employment that occur after an offender establishes residence or accepts employment shall not form the basis for finding that an offender is in violation of the residence restrictions of this section.

(f)  A violation of this part is a Class E felony. No person violating this part shall be eligible for suspension of sentence, diversion or probation until the minimum sentence is served in its entirety.

(g)  (1)  The first violation of this part is punishable by a fine of not less than three hundred fifty dollars ($350) and imprisonment for not less than ninety (90) days.

     (2)  A second violation of this part is punishable by a fine of not less than six hundred dollars ($600) and imprisonment for not less than one hundred eighty (180) days.

     (3)  A third or subsequent violation of this part is punishable by a fine of not less than one thousand one hundred dollars ($1,100) and imprisonment for not less than one (1) year.

[Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2006, ch. 890, § 20; 2008, ch. 1164, § 11; 2009, ch. 597, § 1.]  

State Codes and Statutes

Statutes > Tennessee > Title-40 > Chapter-39 > Part-2 > 40-39-211

40-39-211. Residential and work restrictions.

(a)  While mandated to comply with the requirements of this chapter, no sexual offender, as defined in § 40-39-202, or violent sexual offender, as defined in § 40-39-202, whose victim was a minor, shall knowingly establish a primary or secondary residence or any other living accommodation, knowingly obtain sexual offender treatment or attend a sexual offender treatment program or knowingly accept employment within one thousand feet (1,000¢) of the property line of any public school, private or parochial school, licensed day care center, other child care facility, public park, playground, recreation center or public athletic field available for use by the general public.

(b)  No sexual offender, as defined in § 40-39-202, or violent sexual offender, as defined in § 40-39-202, shall knowingly:

     (1)  Reside within one thousand feet (1,000¢) of the property line on which the offender's former victims or the victims' immediate family members reside;

     (2)  Come within one hundred feet (100¢) of any of the offender's former victims, except as otherwise authorized by law; or

     (3)  Contact any of the offender's former victims or the victims' immediate family members without the consent of the victim or consent of the victim's parent or guardian if the victim is a minor being contacted by telephone, in writing, by electronic mail, Internet services or any other form of electronic communication, unless otherwise authorized by law.

(c)  While mandated to comply with the requirements of this part, no sexual offender, as defined in § 40-39-202, or violent sexual offender, as defined in § 40-39-202, whose victim was a minor, shall knowingly reside with a minor. Notwithstanding this subsection (c), the offender may reside with a minor, if the offender is the parent of the minor, unless one (1) of the following conditions applies:

     (1)  The offender's parental rights have been or are in the process of being terminated as provided by law; or

     (2)  Any minor or adult child of the offender was a victim of a sexual offense or violent sexual offense committed by the offender.

(d)  (1)  No sexual offender, as defined in § 40-39-202, or violent sexual offender, as defined in § 40-39-202, shall knowingly:

          (A)  Be upon or remain on the premises of any building or grounds of any public school, private or parochial school, licensed day care center, other child care facility, public park, playground, recreation center or public athletic field available for use by the general public in this state when the offender has reason to believe children under eighteen (18) years of age are present;

          (B)  Stand, sit idly, whether or not the offender is in a vehicle, or remain within one thousand feet (1,000¢) of the property line of any building owned or operated by any public school, private or parochial school, licensed day care center, other child care facility, public park, playground, recreation center or public athletic field available for use by the general public in this state when children under eighteen (18) years of age are present, while not having a reason or relationship involving custody of or responsibility for a child or any other specific or legitimate reason for being there; or

          (C)  Be in any conveyance owned, leased or contracted by a school, licensed day care center, other child care facility or recreation center to transport students to or from school, day care, child care, or a recreation center or any related activity thereof when children under eighteen (18) years of age are present in the conveyance.

     (2)  Subdivision (d)(1) shall not apply when the offender:

          (A)  Is a student in attendance at the school;

          (B)  Is attending a conference or other scheduled event with school, day care, child care, park, playground or recreation center officials as a parent or legal guardian of a child who is enrolled and participating in the conference or other scheduled event of the school, day care center, other child care center, park, playground or recreation center;

          (C)  Resides at a state licensed or certified facility for incarceration, health or convalescent care; or

          (D)  Is dropping off or picking up a child or children and the person is the child or children's parent or legal guardian.

     (3)  The exemption provided in subdivision (d)(2)(B) shall not apply if the victim of the offender's sexual offense or violent sexual offense was a minor at the time of the offense and the victim is enrolled in the school, day care center, recreation center or other child care center that is participating in the conference or other scheduled event.

(e)  Changes in the ownership or use of property within one thousand feet (1,000¢) of the property line of an offender's primary or secondary residence or place of employment that occur after an offender establishes residence or accepts employment shall not form the basis for finding that an offender is in violation of the residence restrictions of this section.

(f)  A violation of this part is a Class E felony. No person violating this part shall be eligible for suspension of sentence, diversion or probation until the minimum sentence is served in its entirety.

(g)  (1)  The first violation of this part is punishable by a fine of not less than three hundred fifty dollars ($350) and imprisonment for not less than ninety (90) days.

     (2)  A second violation of this part is punishable by a fine of not less than six hundred dollars ($600) and imprisonment for not less than one hundred eighty (180) days.

     (3)  A third or subsequent violation of this part is punishable by a fine of not less than one thousand one hundred dollars ($1,100) and imprisonment for not less than one (1) year.

[Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2006, ch. 890, § 20; 2008, ch. 1164, § 11; 2009, ch. 597, § 1.]  


State Codes and Statutes

State Codes and Statutes

Statutes > Tennessee > Title-40 > Chapter-39 > Part-2 > 40-39-211

40-39-211. Residential and work restrictions.

(a)  While mandated to comply with the requirements of this chapter, no sexual offender, as defined in § 40-39-202, or violent sexual offender, as defined in § 40-39-202, whose victim was a minor, shall knowingly establish a primary or secondary residence or any other living accommodation, knowingly obtain sexual offender treatment or attend a sexual offender treatment program or knowingly accept employment within one thousand feet (1,000¢) of the property line of any public school, private or parochial school, licensed day care center, other child care facility, public park, playground, recreation center or public athletic field available for use by the general public.

(b)  No sexual offender, as defined in § 40-39-202, or violent sexual offender, as defined in § 40-39-202, shall knowingly:

     (1)  Reside within one thousand feet (1,000¢) of the property line on which the offender's former victims or the victims' immediate family members reside;

     (2)  Come within one hundred feet (100¢) of any of the offender's former victims, except as otherwise authorized by law; or

     (3)  Contact any of the offender's former victims or the victims' immediate family members without the consent of the victim or consent of the victim's parent or guardian if the victim is a minor being contacted by telephone, in writing, by electronic mail, Internet services or any other form of electronic communication, unless otherwise authorized by law.

(c)  While mandated to comply with the requirements of this part, no sexual offender, as defined in § 40-39-202, or violent sexual offender, as defined in § 40-39-202, whose victim was a minor, shall knowingly reside with a minor. Notwithstanding this subsection (c), the offender may reside with a minor, if the offender is the parent of the minor, unless one (1) of the following conditions applies:

     (1)  The offender's parental rights have been or are in the process of being terminated as provided by law; or

     (2)  Any minor or adult child of the offender was a victim of a sexual offense or violent sexual offense committed by the offender.

(d)  (1)  No sexual offender, as defined in § 40-39-202, or violent sexual offender, as defined in § 40-39-202, shall knowingly:

          (A)  Be upon or remain on the premises of any building or grounds of any public school, private or parochial school, licensed day care center, other child care facility, public park, playground, recreation center or public athletic field available for use by the general public in this state when the offender has reason to believe children under eighteen (18) years of age are present;

          (B)  Stand, sit idly, whether or not the offender is in a vehicle, or remain within one thousand feet (1,000¢) of the property line of any building owned or operated by any public school, private or parochial school, licensed day care center, other child care facility, public park, playground, recreation center or public athletic field available for use by the general public in this state when children under eighteen (18) years of age are present, while not having a reason or relationship involving custody of or responsibility for a child or any other specific or legitimate reason for being there; or

          (C)  Be in any conveyance owned, leased or contracted by a school, licensed day care center, other child care facility or recreation center to transport students to or from school, day care, child care, or a recreation center or any related activity thereof when children under eighteen (18) years of age are present in the conveyance.

     (2)  Subdivision (d)(1) shall not apply when the offender:

          (A)  Is a student in attendance at the school;

          (B)  Is attending a conference or other scheduled event with school, day care, child care, park, playground or recreation center officials as a parent or legal guardian of a child who is enrolled and participating in the conference or other scheduled event of the school, day care center, other child care center, park, playground or recreation center;

          (C)  Resides at a state licensed or certified facility for incarceration, health or convalescent care; or

          (D)  Is dropping off or picking up a child or children and the person is the child or children's parent or legal guardian.

     (3)  The exemption provided in subdivision (d)(2)(B) shall not apply if the victim of the offender's sexual offense or violent sexual offense was a minor at the time of the offense and the victim is enrolled in the school, day care center, recreation center or other child care center that is participating in the conference or other scheduled event.

(e)  Changes in the ownership or use of property within one thousand feet (1,000¢) of the property line of an offender's primary or secondary residence or place of employment that occur after an offender establishes residence or accepts employment shall not form the basis for finding that an offender is in violation of the residence restrictions of this section.

(f)  A violation of this part is a Class E felony. No person violating this part shall be eligible for suspension of sentence, diversion or probation until the minimum sentence is served in its entirety.

(g)  (1)  The first violation of this part is punishable by a fine of not less than three hundred fifty dollars ($350) and imprisonment for not less than ninety (90) days.

     (2)  A second violation of this part is punishable by a fine of not less than six hundred dollars ($600) and imprisonment for not less than one hundred eighty (180) days.

     (3)  A third or subsequent violation of this part is punishable by a fine of not less than one thousand one hundred dollars ($1,100) and imprisonment for not less than one (1) year.

[Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2006, ch. 890, § 20; 2008, ch. 1164, § 11; 2009, ch. 597, § 1.]  

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