Tennessee Code Annotated
Tenn. Code Ann. § 40-39-208 (2024)
Violations - Penalty - Venue - Providing records for prosecution
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (a) It is an offense for an offender to knowingly violate any provision of this part. Violations shall include, but not be limited to:
- (1) Failure of an offender to timely register or report;
- (2) Falsification of a TBI registration form;
- (3) Failure to timely disclose required information to the designated law enforcement agency;
- (4) Failure to sign a TBI registration form;
- (5) Failure to pay the annual administrative costs, if financially able;
- (6) Failure to timely disclose status as a sexual offender or violent sexual offender to the designated law enforcement agency upon reincarceration;
- (7) Failure to timely report to the designated law enforcement agency upon release after reincarceration;
- (8) Failure to timely report to the designated law enforcement agency following reentry in this state after deportation;
- (9) Failure to timely report to the offender's designated law enforcement agency when the offender moves to another state; and
- (10) Conviction of a new sexual offense, violent sexual offense, or violent juvenile sexual offense.
- (b) A violation of this part is a Class E felony. No person violating this part shall be eligible for suspension of sentence, diversion or probation until the minimum sentence is served in its entirety.
- (c) The first violation of this part is punishable by a fine of not less than three hundred fifty dollars ($350) and imprisonment for not less than ninety (90) days.
- (d) A second violation of this part is punishable by a fine of not less than six hundred dollars ($600) and imprisonment for not less than one hundred eighty (180) days.
- (e) A third or subsequent violation of this part is punishable by a fine of not less than one thousand one hundred dollars ($1,100) and imprisonment for not less than one (1) year.
- (f) A violation of this part is a continuing offense. If an offender is required to register pursuant to this part, venue lies in any county in which the offender may be found or in any county where the violation occurred.
- (g) In a prosecution for a violation of this section, upon the request of a district attorney general, law enforcement agency, the department of correction or its officers or a court of competent jurisdiction and for any lawful purpose permitted by this part, the records custodian of SOR shall provide the requesting agency with certified copies of specified records being maintained in the registry.
- (h) The records custodian providing copies of records to a requesting agency, pursuant to subsection (g), shall attach the following certification:
I, ______________, HAVING BEEN APPOINTED BY THE DIRECTOR OF THE TENNESSEE BUREAU OF INVESTIGATION AS CUSTODIAN OF THE BUREAU'S CENTRALIZED RECORDS SYSTEM OF SEXUAL AND VIOLENT SEXUAL OFFENDERS, REGISTRATION, VERIFICATION AND TRACKING INFORMATION (SOR), HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE RECORDS MAINTAINED WITHIN SAID REGISTRY.
SIGNATURE ______________ TITLE ____________________ DATE ____________________
AFFIX THE BUREAU SEAL HERE
- (i) Sexual offender, violent sexual offender and violent juvenile sexual offender registry files and records maintained by the TBI may be digitized. A digitized copy of any original file or record in the TBI's possession shall be deemed to be an original for all purposes, including introduction into evidence in all courts or administrative agencies.
- (j) Notwithstanding any law to the contrary, a violent juvenile sexual offender who knowingly violates this part commits a delinquent act as defined by the juvenile code.
Amended by 2019 Tenn. Acts, ch. 232, s 1, eff. 7/1/2019.
Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2006, ch. 890, § 19; 2008 , ch. 1164, § 8; 2009 , ch. 145, § 1; 2011 , ch. 483, §§ 16, 17; 2012 , ch. 727, § 49.
Notes of Decisions
Cited in 58
cases (24 in the last 5 years), 2005–2026 · leading case: State v. Phelps, 329 S.W.3d 436 (Tenn. 2010).
State v. Phelps, 329 S.W.3d 436 (Tenn. 2010). “” Tenn. Code Ann. § 40-39-208 (f). 5 . The presentence report includes the following statement as Defendant’s 'Version”: "My father is ill, and I w[as] going back and forth to Lincoln Co.”
John Doe v. Rausch, 382 F. Supp. 3d 783 (E.D. Tenn. 2019). “The TBI informed Plaintiff that it needed additional information based on a 2014 Amendment which required a registered offender to remain on the Registry for life if the offense involved a victim twelve (12) years of age or younger [ Id.”
Doe v. Bredesen, 507 F.3d 998 (6th Cir. 2007). “Tenn.Code Ann. § 40-39-208(a) and (b). Also, it is a separate crime to tamper with or remove the GPS tracking device.”
State of Tennessee v. Westley A. Albright, 564 S.W.3d 809 (Tenn. 2018). “Moreover, "[n]o person violating [the Registration Act] shall be eligible for suspension of sentence, diversion or probation until the minimum sentence is served in its entirety." Id. If due process does not require a defendant pleading guilty to a sex offense to be informed…”
Bradshaw v. State, 671 S.E.2d 485 (Ga. 2008). “1, 22-6-1 (8); Tenn. Code Ann. § 40-39-208 (d); Vernon’s Ann.”
United States v. LeTourneau, 534 F. Supp. 2d 718 (S.D. Tex. 2008). “); see Tenn.Code § 40-39-208(a)(9). When LeTourneau moved to Texas, and failed to register, his prior knowledge of his duty to update his registration under Tennessee state law qualified as effective notice under SORNA.”
Garrison v. State, 950 So. 2d 990 (Miss. 2006). “§ 23-3-470 (making first of second offense a misdemeanor and a third or subsequent offense a felony for failure to register); Tenn.Code Ann. § 40-39-208 (knowingly violating duty to register is a crime); 2006 Utah Laws 269 (knowingly failing to register is punished either as a…”
State of Tennessee v. Lewis Jeffrey Cox, No. M2007-01370-CCA-R3-CD (Tenn. Crim. App. Aug. 1, 2008). “On appeal, he argues that Tennessee Code Annotated section 40-39-204 carries no penal provision, and the penal provisions included in Tennessee Code Annotated section 40-39-208 do not apply to his failure to inform the facility of his status as a registered violent sex offender.”
State of Tennessee v. Michael Green A/K/A v. Michael Cheairs, No. W2024-00370-CCA-R3-CD (Tenn. Crim. App. July 21, 2025). “W2024-00370-CCA-R3-CD ___________________________________ The Defendant, Michael Green a/k/a Michael Cheairs, appeals his Madison County Circuit Court jury conviction of violating the sex offender registry requirements, see Tenn. Code Ann. § 40-39-208 , arguing that the…”
Doe v. Lee, No. 3:20-cv-00610, 2020 WL 4926607 (M.D. Tenn. Aug. 21, 2020). “Tenn. Code Ann. § 40-39-208 (b). The registrant’s first offense is “punishable by a fine of not less than three hundred fifty dollars ($350) and imprisonment for not less than ninety (90) days.”
State of Tennessee v. Milvern Hoss, Jr., No. M2016-01927-CCA-R3-CD (Tenn. Crim. App. Dec. 15, 2017). “Tenn. Code Ann. § 40-39-208 (a)(1). Knowing violation of the Act is a Class E felony.”
State of Tennessee v. Jamal P. Hicks, No. M2017-01628-CCA-R3-CD (Tenn. Crim. App. Sept. 13, 2018). “OPINION Defendant was indicted by the Montgomery County Grand Jury in February of 2016 for one count of violating the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004 (“the Act”) by “[f]alsification of a TBI registration…”
Tenn. Code Ann. § 40-39-208(1): 1 case
State of Tennessee v. Jamie Roskom, No. M2006-00764-CCA-R3-CD (Tenn. Crim. App. Feb. 9, 2007).
Tenn. Code Ann. § 40-39-208(6): 1 case
State of Tennessee v. Lewis Jeffrey Cox, No. M2007-01370-CCA-R3-CD (Tenn. Crim. App. Aug. 1, 2008). “On appeal, he argues that Tennessee Code Annotated section 40-39-204 carries no penal provision, and the penal provisions included in Tennessee Code Annotated section 40-39-208 do not apply to his failure to inform the facility of his status as a registered violent sex offender.”
Tenn. Code Ann. § 40-39-208(7): 1 case
State of Tennessee v. Lewis Jeffrey Cox, No. M2007-01370-CCA-R3-CD (Tenn. Crim. App. Aug. 1, 2008). “On appeal, he argues that Tennessee Code Annotated section 40-39-204 carries no penal provision, and the penal provisions included in Tennessee Code Annotated section 40-39-208 do not apply to his failure to inform the facility of his status as a registered violent sex offender.”
Tenn. Code Ann. § 40-39-208(a): 7 cases
Doe v. Bredesen, 507 F.3d 998 (6th Cir. 2007). “Tenn.Code Ann. § 40-39-208(a) and (b). Also, it is a separate crime to tamper with or remove the GPS tracking device.”
State of Tennessee v. Lewis Jeffrey Cox, No. M2007-01370-CCA-R3-CD (Tenn. Crim. App. Aug. 1, 2008). “On appeal, he argues that Tennessee Code Annotated section 40-39-204 carries no penal provision, and the penal provisions included in Tennessee Code Annotated section 40-39-208 do not apply to his failure to inform the facility of his status as a registered violent sex offender.”
State of Tennessee v. Russell Lynn Onks, No. E2023-01656-CCA-R3-CD (Tenn. Crim. App. Nov. 12, 2024).
State of Tennessee v. William Henry Wiggins, No. M2010-02136-CCA-R3-CD (Tenn. Crim. App. June 14, 2012).
State of Tennessee v. Billy Joe Harris, No. W2013-02310-CCA-R3-CD (Tenn. Crim. App. June 12, 2014).
Tenn. Code Ann. § 40-39-208(a)(1): 3 cases
State of Tennessee v. William Charles Howse, No. M2008-01827-CCA-R3-CD (Tenn. Crim. App. May 19, 2010).
State of Tennessee v. Billy Joe Harris, No. W2013-02310-CCA-R3-CD (Tenn. Crim. App. June 12, 2014).
State of Tennessee v. Antoine Tony Blugh, No. E2014-01597-CCA-R3-CD (Tenn. Crim. App. Oct. 23, 2015).
Tenn. Code Ann. § 40-39-208(a)(2): 2 cases
State of Tennessee v. Eric O. Turner, No. M2014-00597-CCA-R3-CD (Tenn. Crim. App. June 9, 2015).
State of Tennessee v. Jamal P. Hicks, No. M2017-01628-CCA-R3-CD (Tenn. Crim. App. Sept. 13, 2018). “OPINION Defendant was indicted by the Montgomery County Grand Jury in February of 2016 for one count of violating the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004 (“the Act”) by “[f]alsification of a TBI registration…”
Tenn. Code Ann. § 40-39-208(a)(3): 2 cases
State of Tennessee v. Jamal P. Hicks, No. M2017-01628-CCA-R3-CD (Tenn. Crim. App. Sept. 13, 2018). “OPINION Defendant was indicted by the Montgomery County Grand Jury in February of 2016 for one count of violating the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004 (“the Act”) by “[f]alsification of a TBI registration…”
State of Tennessee v. Matthew Saunders, No. M2024-01046-CCA-R3-CD (Tenn. Crim. App. June 13, 2025).
Tenn. Code Ann. § 40-39-208(a)(7): 1 case
Thorpe v. Tennessee Gen. Assembly, No. 3:23-cv-00993 (M.D. Tenn. Sept. 16, 2024).
Tenn. Code Ann. § 40-39-208(a)(9): 1 case
United States v. LeTourneau, 534 F. Supp. 2d 718 (S.D. Tex. 2008). “); see Tenn.Code § 40-39-208(a)(9). When LeTourneau moved to Texas, and failed to register, his prior knowledge of his duty to update his registration under Tennessee state law qualified as effective notice under SORNA.”
Tenn. Code Ann. § 40-39-208(b): 9 cases
State v. Phelps, 329 S.W.3d 436 (Tenn. 2010). “” Tenn. Code Ann. § 40-39-208 (f). 5 . The presentence report includes the following statement as Defendant’s 'Version”: "My father is ill, and I w[as] going back and forth to Lincoln Co.”
Atwell v. Rausch, No. 3:22-cv-00438 (E.D. Tenn. May 12, 2023).
State of Tennessee v. Jerome Nchiyako Dooley, No. E2025-00399-CCA-R3-CD (Tenn. Crim. App. Apr. 7, 2026).
Doe v. Lee, No. 3:21-cv-00010 (E.D. Tenn. Apr. 11, 2023).
Doe 007 v. William Lee, No. 2:23-cv-00153 (E.D. Tenn. Apr. 3, 2024).
Tenn. Code Ann. § 40-39-208(c): 1 case
Doe v. Rausch, 648 F. Supp. 3d 925 (W.D. Tenn. 2023).
Tenn. Code Ann. § 40-39-208(d): 3 cases
Bradshaw v. State, 671 S.E.2d 485 (Ga. 2008). “1, 22-6-1 (8); Tenn. Code Ann. § 40-39-208 (d); Vernon’s Ann.”
State of Tennessee v. Billy McFarland, No. M2011-01093-CCA-R3-CD (Tenn. Crim. App. July 13, 2012).
State of Tennessee v. Antoine Tony Blugh, No. E2014-01597-CCA-R3-CD (Tenn. Crim. App. Oct. 23, 2015).
Tenn. Code Ann. § 40-39-208(e): 1 case
State of West Virginia v. Patrick C., 843 S.E.2d 510 (W. Va. 2020).
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