Tennessee Code Annotated

Tenn. Code Ann. § 40-39-212 (2026)

Registration requirement

✓ current as of May 2026

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(a) Upon the court's acceptance of a defendant's entry of a plea of guilty or a finding of guilt by a jury or judge after trial, and, notwithstanding the absence of a final sentencing and entry of a judgment of conviction, any defendant who is employed or practices a vocation, establishes a primary or secondary residence or becomes a student in this state and who enters a plea of guilty to a sexual offense as defined by § 40-39-202 or a violent sexual offense as defined by § 40-39-202, shall be required to register with a registering agency.

(b) Notwithstanding the absence of a final sentencing and entry of a judgment of conviction, any defendant who is employed or practices a vocation, establishes a primary or secondary residence or becomes a student in this state and who enters a plea of guilty to an offense in another state, county or jurisdiction that may result in a conviction of a sexual offense as defined by § 40-39-202 or a violent sexual offense as defined by § 40-39-202, shall be required to register with a registering agency.

(c) Upon the court's acceptance of a defendant's entry of a plea of guilty, and notwithstanding the absence of a final sentencing and entry of a judgment of conviction, any defendant from another state who enters a plea of guilty to an offense in this state that may result in a conviction of a sexual offense as defined by § 40-39-202 or a violent sexual offense as defined by § 40-39-202, shall be required to register with a registering agency.

(d) This part shall apply to offenders who received diversion under § 40-35-313 or its equivalent in any other jurisdiction.

Acts 2007, ch. 451, § 1; 2008, ch. 1164, § 12; 2010, ch. 1138, § 12.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 2013–2024 · leading case: Thorpe v. Tennessee Gen. Assembly (M.D. Tenn. 2024).

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Thorpe v. Tennessee Gen. Assembly (M.D. Tenn. 2024). · cites it 5× “Plaintiff also asserts that the inmate registration statute does not apply to him because he does not satisfy the requirements for registration under Tenn. Code Ann. § 40-39-212 (a) because his physical location of confinement does not create an establishment of a primary or…”

Calcano De Millan, 26 I. & N. Dec. 904 (9th Cir. 2017). “§ 23-3-430 (F) (2016); Tenn. Code Ann. § 40-39-212 (West 2016); Tex.”

State of Tennessee v. Milvern Hoss, Jr. (Tenn. Crim. App. 2017). · cites it 2× “20, 2009); see also Tenn. Code Ann. § 40-39-201 . Both sexual and violent sexual offenses mandate registration.”

State of Tennessee v. Rickey Driver (Tenn. Crim. App. 2019). · cites it 2× “20, 2009); see also Tenn. Code Ann. § 40-39-201 . Both sexual and violent sexual offenses mandate registration.”

Sykes v. Flynn (E.D. Tenn. 2021). · cites it 2× “See Tenn. Code Ann. § 40-39-212 (requiring sex offender registration for offenses defined under § 40-39-202); and § 40-39-202(20)(A)(ii) (defining aggravated statutory rape as “sexual offense”).”

State of Tennessee v. Jim George Conaser a.k.a. Jimmy George Conaser (Tenn. Crim. App. 2013). · cites it 3× “20, 2009); see Tenn. Code Ann. § 40-39-212 . The legislative findings and declarations in support of the Act’s registration requirements are found at Tennessee Code Annotated section 40-39-201(b) and include the “compelling and necessary public interest” in making information…”

State of Tennessee v. Antoine Tony Blugh (Tenn. Crim. App. 2015). · cites it 2× “The trial court found that while Code section 40-39-212(b) identified a category of offender that must register under the Act, it believed that the definition of “sexual offender” in Code section 40-39-202(19) included an individual like Blugh who had a “qualifying conviction.”

Thorpe v. Tennessee Gen. Assembly (M.D. Tenn. 2024). “(3) Notwithstanding subdivisions (b)(1) and (2), an offender who is incarcerated in this state in a local, state or federal jail or a private penal institution and who has not registered pursuant to § 40-39-212(a) or any other law shall, by August 1, 2011, be required to report…”

— Tenn. Code Ann. § 40-39-212(a) — 3 cases

Thorpe v. Tennessee Gen. Assembly (M.D. Tenn. 2024). “Plaintiff also asserts that the inmate registration statute does not apply to him because he does not satisfy the requirements for registration under Tenn. Code Ann. § 40-39-212 (a) because his physical location of confinement does not create an establishment of a primary or…”

State of Tennessee v. Jim George Conaser a.k.a. Jimmy George Conaser (Tenn. Crim. App. 2013). “20, 2009); see Tenn. Code Ann. § 40-39-212 . The legislative findings and declarations in support of the Act’s registration requirements are found at Tennessee Code Annotated section 40-39-201(b) and include the “compelling and necessary public interest” in making information…”

— Tenn. Code Ann. § 40-39-212(b) — 1 case

State of Tennessee v. Antoine Tony Blugh (Tenn. Crim. App. 2015). “The trial court found that while Code section 40-39-212(b) identified a category of offender that must register under the Act, it believed that the definition of “sexual offender” in Code section 40-39-202(19) included an individual like Blugh who had a “qualifying conviction.”

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