SEX OFFENSE REGISTRY

Tennessee passed the “Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004.”  T.C.A. § 40-39-201 et seq.  Within this Act, the Tennessee General Assembly observed that “it is a compelling and necessary public interest that the public have information concerning persons convicted of sexual offenses…to allow members of the public to adequately protect themselves and their children from these persons.”  They further stated, “persons convicted of these sexual offenses have a reduced expectation of privacy because of the public's interest in public safety.”  The General Assembly concluded, “in balancing the sexual offender's and violent sexual offender's due process and other rights against the interests of public security, the general assembly finds that releasing information about offenders under the circumstances specified in this part will further the primary governmental interest of protecting vulnerable populations from potential harm.”

Sex offenders must register with local law enforcement or face serious consequences including new felony charges of failure to register.

While these laws have their place to protect the public, can law enforcement and legislative bodies go too far?  For example, on July 1, 2006, Georgia House Bill 1059 was passed preventing sex offenders from living within 1000 feet of a school bus stop.  In essence, this law banned sex offenders from living essentially anywhere within Georgia.  Fortunately, the provision was never enforced because school bus routes were constantly changing and a Federal Judge enjoined its enforcement.  In 2010, Georgia passed a new law but what happens if you live somewhere and a park or daycare opens nearby, or a law prevent you from taking part in church activities or if you are homeless and have no fixed address.

Davis & Hoss can address significant constitutional questions for the ever evolving world of sex offender registries.  Contact us today for a free consultation.