Tennessee Code Annotated

Tenn. Code Ann. § 39-13-703 (2026)

Part definitions

✓ current as of May 2026

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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.

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.

Notes of Decisions

Cited in 6 cases, 2000–2016 · leading case: State of Tennessee v. Gregory Scott Barnum (Tenn. Crim. App. 2016).

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State of Tennessee v. Gregory Scott Barnum (Tenn. Crim. App. 2016). · cites it 10× “See Tenn. Code Ann. § 39-13-703 (3). - 14 -”

Scott M. Craig v. David Mills, Warden - NOT FOR Pub. (Tenn. 2011). · cites it 2× “See generally Tenn. Code Ann. § 39-13-703 (3) (2010) (listing the sexual offenses to which the surcharge applies).”

Tony Hoover v. Henry Steward, Warden (Tenn. Crim. App. 2013). · cites it 2× “Section 39-13-703(3) defined “sex offense” as, among other things, a felony offense of rape under section 39-13-503 and incest under section 39- 15-302.”

State of Tennessee v. Stephen Lee Noe (Tenn. Crim. App. 2006). · cites it 2× “T.C.A. § 39-13-703(2), (3) (2003). A convicted sex offender who is seeking probation must submit to an evaluation for the purpose of identifying and assessing the offender’s risk of re-offending and potential for treatment and to establish a treatment plan and procedures for…”

State of Tennessee v. Richard Albany Goode (Tenn. Crim. App. 2003). · cites it 2× “See Tenn. Code Ann. § 39-13-703 (3)(F) (Supp.”

State v. Martin Charles Jones (Tenn. Crim. App. 2000). “§ 39-13-703(3)(F). During sentencing, the trial court considered the risk assessment report which set forth the following observations and recommendations: There exists a pattern of unaccountability in the defendant’s past and more recent behavior .”

— Tenn. Code Ann. § 39-13-703(2) — 1 case

State of Tennessee v. Stephen Lee Noe (Tenn. Crim. App. 2006). “T.C.A. § 39-13-703(2), (3) (2003). A convicted sex offender who is seeking probation must submit to an evaluation for the purpose of identifying and assessing the offender’s risk of re-offending and potential for treatment and to establish a treatment plan and procedures for…”

— Tenn. Code Ann. § 39-13-703(3) — 1 case

Tony Hoover v. Henry Steward, Warden (Tenn. Crim. App. 2013). “Section 39-13-703(3) defined “sex offense” as, among other things, a felony offense of rape under section 39-13-503 and incest under section 39- 15-302.”

— Tenn. Code Ann. § 39-13-703(3)(F) — 1 case

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