Legal Question in Criminal Law in Tennessee

Tennessee doesn't call sex offenders "Tier One" and "Tier Two." For the purpose of the Sex Offender registry, Tennessee groups sex offenders into two groups, labeled:

- Sex Offenders

- Violent Sex Offenders

The classification has nothing to do with what we would normally think of when using the word "violent." Even non-violent non-contact offenses, such as sending child pornography images over the internet, are classified as "violent" with a lifetime registration requirement. It probably would have been better for Tennessee to call the two classifications:

-Sexual Offenders

- Aggravated Sexual Offenders

But no matter what words are used, "Sex Offenders" are subject to a ten year minimum registration, while "Violent Sex Offenders" are subject to registration for life.

If your conviction is in another state, Tennessee will use the "elements of the offense" and not simply the name of the offense. In short, Tennessee will ask "if the Defendant did the same thing in Tennessee that he did in Mississippi, what would Tennessee convict him of."

I can tell you that the named offense in Tennessee of "Attempt (to Commit) Rape" is a Class C Felony and is a "violent sexual offense" with the requirement for lifetime registration.

If the facts of the offense in Mississippi would amount to another, lesser crime if done in Tennessee, then the Tennessee Bureau of Investigation will apply the standards that would apply to the equivalent Tennessee offense. That might require a major investigation of the exact facts in Mississippi, including arrest warrants, witness statements plea paperwork, jury instructions and verdicts, and so on.

The burden is upon YOU to prove that you were not convicted on an offense in Mississippi that would amount to a "Violent Sexual Offense" if committed in Tennessee. If you prevail, then you may petition to come off the registry ten years after the end of any sentence imposed.