Kingsport Sex Offender CNS: Frequently Asked Questions (FAQ) Regarding Sex Offenders and the Registry

Kingsport Police Department

David Quillin, Chief of Police

200 Shelby Street • Kingsport, TN 37660

http://Police.KingsportTN.govwww.KingsportPDBlog.com

SEX OFFENDER COMMUNITY NOTIFICATION SYSTEM
SUBJECT: Frequently Asked Questions (FAQ) Regarding Sex Offenders and the Registry
DATE: October 27, 2017
GENERAL NARRATIVE
The laws regarding sex offenders and the registry are very detailed and can be read in their entirety in Tennessee Code Annotated (TCA) Title 40, Chapter 39, Sections 2 and 3. However, following are some Frequently Asked Questions (FAQ) regarding sex offenders and the registry:

1) Question: What criminal offenses could get someone placed on the registry?

Answer: An individual convicted of a variety of offenses could be required to register. Some offenses that could qualify (dependent upon the circumstances) include, but are not necessarily limited to the following: Sexual battery, Statutory rape, Aggravated prostitution, Sexual exploitation of a minor, False imprisonment, Kidnapping, Indecent exposure, Solicitation, Spousal sexual battery, Promotion of prostitution, Patronizing prostitution, Observation without consent, Unlawful photographing, Assault with intent to commit rape, Attempt to commit sexual battery, Incest, Use of a minor for obscene purposes, Promotion of performance including sexual conduct by a minor, Criminal sexual conduct, Kidnapping, Rape, Rape of a child, Spousal rape, Criminal exposure to HIV, Statutory rape by an authority figure, Aggravated prostitution, and Trafficking for a commercial sex act.

2) Question: Where does a sex offender report to register?

Answer: A convicted sex offender is required to register with the law enforcement agency having jurisdiction where they reside. When a sex offender registers, fingerprints and a DNA profile are collected and then maintained by the TBI.

3) Question: How often is a sex offender required to report to register?

Answer: It depends. Offenders classified as “sexual” are required to report annually. Offenders classified as “violent” are required to report quarterly. Offenders who are homeless are required to report monthly. Furthermore, an offender must notify the monitoring agency within 48 hours regarding any changes in their personal information such as address, vehicle, employment, phone number, etc.

4) Question: Are there restrictions on where a sex offender can live, work, or otherwise spend time?

Answer: Sex offenders are not allowed to live or work within 1,000 feet of a school, daycare, or park. Sex offenders are also prohibited from frequenting places where children can be reasonably expected to congregate.

5) Question: If a sex offender lived within 1,000 feet of a school, daycare, or park prior to their conviction, do they have to move?

Answer: No. If the sex offender already lived there, the law grants them an exclusion and they are not required to move; however, if they ever move from that location, the residency restriction would then be fully enforced.

6) Question: Are sex offenders ever allowed to be on school property?

Answer: Sex offenders are permitted to be on school property only for the purpose of discussing academic matters regarding their own biological or custodial children. They are not allowed to attend athletic events or other non-academic extracurricular activities.

7) Question: What are some typical reasons a sex offender would be charged with violating the registry restrictions?

Answer: While not all inclusive, the most common reasons a sex offender is charged with violating the registry restrictions include: Failure to report for registration, Intentionally reporting false information, Violating residency restrictions, and Failure to update personal information.

8) Question: How many sex offenders does the Kingsport Police Department typically monitor?

Answer: Typically, the Kingsport Police Department is responsible for monitoring anywhere between 40 and 60 convicted sex offenders. This number fluctuates as sex offenders move into and out of the area.

9) Question: How does the Kingsport Police Department monitor sex offenders?

Answer: In addition to the information gathered at the time of registration, the Kingsport Police Department conducts periodic unannounced home visits for the purpose of address verification and compliance checks.

10) Question: What is the penalty if a sex offender violates the sex offender registry restrictions?

Answer: A violation of the sex offender registry is a Class E Felony. The first conviction is punishable by a minimum of 90 days in jail and a minimum $350 fine, the second conviction is punishable by a minimum of 180 days in jail and a minimum $600 fine, while a third or subsequent conviction is punishable by a minimum of a year in jail and a minimum $1,100 fine.

11) Question: Are sex offenders allowed to utilize social media?

Answer: Typically yes. Sex offenders are allowed to utilize social media unless the judgement for their conviction expressly prohibits access to electronic devices.

12) Question: Is a sex offender ever eligible to be removed from the registry?

Answer: It depends. Sex offenders classified as “sexual” are eligible to petition for removal after 10 years on the registry if they have maintained compliance and not committed any additional qualifying offenses. Sex offenders classified as “violent” are never eligible for removal.

INFORMATION RELEASED BY
Kingsport Police Department

Criminal Investigations Division

423-229-9429

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