Tennessee Code Annotated
Tenn. Code Ann. § 40-39-201 (2026)
Short title - Legislative findings
✓ current as of May 2026
- (a) This part shall be known as and may be cited as the "Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004."
- (b) The general assembly finds and declares that:
- (1) Repeat sexual offenders, sexual offenders who use physical violence and sexual offenders who prey on children are violent sexual offenders who present an extreme threat to the public safety. Sexual offenders pose a high risk of engaging in further offenses after release from incarceration or commitment and protection of the public from these offenders is of paramount public interest;
- (2) It is a compelling and necessary public interest that the public have information concerning persons convicted of sexual offenses collected pursuant to this part, to allow members of the public to adequately protect themselves and their children from these persons;
- (3) Persons convicted of these sexual offenses have a reduced expectation of privacy because of the public's interest in public safety;
- (4) 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;
- (5) The registration of offenders, utilizing complete and accurate information, along with the public release of specified information concerning offenders, will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems that deal with these offenders;
- (6) To protect the safety and general welfare of the people of this state, it is necessary to provide for continued registration of offenders and for the public release of specified information regarding offenders. This policy of authorizing the release of necessary and relevant information about offenders to members of the general public is a means of assuring public protection and shall not be construed as punitive;
- (7) The offender is subject to specified terms and conditions that are implemented at sentencing or, at the time of release from incarceration, that require that those who are financially able must pay specified administrative costs to the appropriate registering agency, which shall retain one hundred dollars ($100) of the costs for the administration of this part and the investigation of sexual offenses, including the purchase of specialized equipment for use in the investigation of sexual offenses, and must be reserved for such purposes at the end of each fiscal year, with the remaining fifty dollars ($50.00) of fees to be remitted to the state treasury to be deposited into the general fund of the state; provided, that a juvenile offender required to register under this part shall not be required to pay the administrative fee until the offender reaches eighteen (18) years of age; and
- (8) The general assembly also declares, however, that in making information about certain offenders available to the public, the general assembly does not intend that the information be used to inflict retribution or additional punishment on those offenders.
Amended by 2022 Tenn. Acts, ch. 931, s 1, eff. 4/29/2022.
Amended by 2020 Tenn. Acts, ch. 668, s 3, eff. 4/2/2020.
Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2008 , ch. 1164, § 1; 2011 , ch. 483, § 4.
Notes of Decisions
Cited in 108
cases (55 in the last 5 years), 2004–2026 · leading case: Ward v. State, 315 S.W.3d 461 (Tenn. 2010).
Ward v. State, 315 S.W.3d 461 (Tenn. 2010). “2009) (the “registration act”) was enacted in the wake of the brutal kidnaping, rape, and murder of seven-year-old Megan Kan-ka on July 29,1994, in Hamilton Township, New Jersey. This tragic event sparked the enactment of “Megan’s Law.”
Doe v. Bredesen, 507 F.3d 998 (6th Cir. 2007). “After Doe was convicted and sentenced, the Tennessee Legislature enacted the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification, and Tracking Act of 2004 (“the Registration Act”), Tenn.Code Ann. § 40-39-201 et seq., which became effective on August…”
John Doe v. Rausch, 382 F. Supp. 3d 783 (E.D. Tenn. 2019). “Phillips, SENIOR UNITED STATES DISTRICT JUDGE This civil action presents a constitutional challenge to the Tennessee Sexual Offender and Violent Sexual Offender Registration Verification and Tracking Act of 2004 (hereinafter the "Act"), Tenn. Code Ann. §§ 40-39-201 - 40-39-218…”
May v. Carlton, 245 S.W.3d 340 (Tenn. 2008). “While persons required to register as sexual offenders are not incarcerated, the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification, and Tracking Act of 2004 [Tenn.Code Ann. §§ 40-39-201 to -212 (2006 & Supp.”
State v. Phelps, 329 S.W.3d 436 (Tenn. 2010). “Tenn.Code Ann. §§ 40-39-201 through - 211 (2006).”
State of Tennessee v. Westley A. Albright, 564 S.W.3d 809 (Tenn. 2018). “In Ward, we determined that the registration requirements imposed by Tennessee’s Sexual Offender and Violent Sexual Offender Registration, Verification, and Tracking Act, Tenn. Code Ann. §§ 40-39-201 through -215 (2006 & Supp.”
Kennedy v. Louisiana, 554 U.S. 407 (2008). “2008); Tenn. Code Ann. §§ 40-39-201 to 40-39-212 (2006 and Supp.”
United States v. Kebodeaux, 133 S. Ct. 2496 (2013). “2008); Tenn.Code Ann. §§ 40-39-201 to 40-39-212 (2006 and Supp.”
State v. Bryant, 614 S.E.2d 479 (N.C. 2005). “2003); Tenn. Code Ann. § 40-39-201 (Supp. 2004); Tex.”
United States v. LeTourneau, 534 F. Supp. 2d 718 (S.D. Tex. 2008). “, EXHIBIT A Tennessee Bureau of investigation Sexual Offender/Violent Sexual Offender Instructions Section 1 — Requirements of the Program The Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification, and Tracking Act of 2004 was established in T.C.A.…”
State v. Flatt, 227 S.W.3d 615 (Tenn. Crim. App. 2006). “Tenn.Code Ann. §§ 40-39-201 to-211 (Supp.”
John Doe, Alias a Citizen & Rresident of Hamilton Cnty., Tennessee v. Mark Gwyn, Dir. of the Tennessee Bureau of Investigation (Tenn. Ct. App. 2011). “E2010-01234-COA-R3-CV - Filed April 8, 2011 This declaratory judgment action challenges the constitutionality of the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act, Tenn. Code Ann. § 40-39-201 et seq, on the grounds that…”
— Tenn. Code Ann. § 40-39-201(b) — 6 cases
Joe King v. State of Tennessee (Tenn. Ct. App. 2018).
State of Tennessee v. Jim George Conaser a.k.a. Jimmy George Conaser (Tenn. Crim. App. 2013).
John Doe, Alias a Citizen & Rresident of Hamilton Cnty., Tennessee v. Mark Gwyn, Dir. of the Tennessee Bureau of Investigation (Tenn. Ct. App. 2011). “E2010-01234-COA-R3-CV - Filed April 8, 2011 This declaratory judgment action challenges the constitutionality of the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act, Tenn. Code Ann. § 40-39-201 et seq, on the grounds that…”
State of Tennessee v. William Charles Howse (Tenn. Crim. App. 2010).
State of Tennessee v. Cary Arnaz Harbin, III (Tenn. Crim. App. 2014).
— Tenn. Code Ann. § 40-39-201(b)(1) — 1 case
Doe v. Rausch (M.D. Tenn. 2023).
— Tenn. Code Ann. § 40-39-201(b)(2) — 1 case
State of Tennessee v. Michael Green A/K/A v. Michael Cheairs - Dissent (Tenn. Crim. App. 2025).
— Tenn. Code Ann. § 40-39-201(b)(6) — 1 case
State of Tennessee v. Jim George Conaser a.k.a. Jimmy George Conaser-concurring in part & dissenting in part (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 40-39-201(b)(8) — 1 case
Marcus Ward v. State of Tennessee (Tenn. Crim. App. 2009).
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