What exactly does attempt to commit sexual battery mean?
Full Question:
What exactly does "attempt to commit sexual battery" mean? What are the punishments for it? How long does someone have to register on the sex offenders list for this charge? Can it be considered a misdemeanor?
07/13/2007 |
Category: Criminal ยป Assault |
State: Tennessee |
#7157
Answer:
Certain prostitution offenses, solicitation, and indecent exposure offenses are misdemeanors in TN. Please see the information at the following links:
http://definitions.uslegal.com/a/attempted-crime/
http://www.brenthorstlaw.com/PracticeAreas/Sex-Offender-Registration.asp
The following are TN statutes:
39-13-505. Sexual battery. —
(a) Sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:
(1) Force or coercion is used to accomplish the act;
(2) The sexual contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent;
(3) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
(4) The sexual contact is accomplished by fraud.
(b) As used in this section, “coercion” means the threat of kidnapping, extortion, force or violence to be performed immediately or in the future.
(c) Sexual battery is a Class E felony.
40-39-207. Request for termination of registration requirements — Tolling of reporting period — Review of decisions to deny termination of reporting requirements — Lifetime registration. —
(a) No sooner than ten (10) years after termination of active supervision on probation, parole, or any other alternative to incarceration, or no sooner than ten (10) years after discharge from incarceration without supervision, an offender required to register under this part may file a request for termination of registration requirements with TBI headquarters in Nashville.
(b) Upon receipt of the request for termination, the TBI shall review documentation provided by the offender and contained in the offender's file and the SOR, to determine whether the offender has complied with the provisions of this part. In addition, the TBI shall conduct fingerprint-based state and federal criminal history checks, to determine whether the offender has been convicted of any additional sexual offenses, as defined in § 40-39-202(17), or violent sexual offenses, as defined in § 40-39-202(25).
(c) If it is determined that the offender has not been convicted of any additional sexual offenses or violent sexual offenses during the ten-year period, and that the offender has substantially complied with the provisions of this part and former part 1 of this chapter, the TBI shall remove the offender's name from the SOR and notify the offender that the offender is no longer required to comply with the provisions of this part.
(d) If it is determined that the offender has been convicted of any additional sexual offenses or violent sexual offenses during the ten-year period or has not substantially complied with the provisions of this part and former part 1 of this chapter, the TBI shall not remove the offender's name from the SOR and shall notify the offender that the offender has not been relieved of the provisions of this part.
(e) Immediately upon the failure of a sexual offender to register or otherwise substantially comply with the requirements established by this part, the running of the offender's ten-year reporting period shall be tolled, notwithstanding the absence or presence of any warrant or indictment alleging a violation of this part.
(f) An offender whose request for termination of registration requirements is denied by a TBI official may petition the chancery court of Davidson County or the chancery court of the county where the offender resides, if the county is in Tennessee, for review of the decision. The review shall be on the record used by the TBI official to deny the request. The TBI official who denied the request for termination of registration requirements may submit an affidavit to the court detailing the reasons the request was denied.
(1) An offender required to register under this part shall continue to comply with the registration, verification, and tracking requirements for the life of that offender, if that offender:
(A) Has one (1) or more prior convictions for a sexual offense, as defined in § 40-39-202(17); or
(B) Has been convicted of a violent sexual offense, as defined in § 40-39-202(25).
(2) As used in subdivision (f)(1), “prior conviction” means any conviction for a sexual offense or violent sexual offense, as defined in § 40-39-202(17) and (25), respectively, that occurred prior to the date of the offense for which the offender is currently required to register.
(g) (1) Any offender required to register pursuant to this chapter because the offender was convicted of the offense of statutory rape under § 39-13-506, and the offense was committed prior to July 1, 2006, may file a request for termination of registration requirements with TBI headquarters in Nashville, if the offender would not be required to register if the offense was committed on or after July 1, 2006.
(2) Upon receipt of the request for termination, the TBI shall review documentation provided by the offender and contained in the offender's file and the SOR, to determine whether the offender would not be required to register if the offender committed the same offense on or after July 1, 2006. In addition, the TBI shall conduct fingerprint-based state and federal criminal history checks, to determine whether the offender has been convicted of any additional sexual offenses, as defined in § 40-39-202, or violent sexual offenses, as defined in § 40-39-202.
(3) If it is determined that the offender would not be required to register if the offense was committed on or after July 1, 2006, that the offender has not been convicted of any additional sexual offenses or violent sexual offenses, and that the offender has substantially complied with the provisions of this part and any previous versions of this part, the TBI shall remove the offender's name from the SOR and notify the offender that the offender is no longer required to comply with the provisions of this part.
(4) If it is determined that the offender would still be required to register even if the statutory rape had been committed on or after July 1, 2006, or that the offender has been convicted of any additional sexual offenses or violent sexual offenses during the period of registration or has not substantially complied with the provisions of this part and the previous versions of this part, the TBI shall not remove the offender's name from the SOR and shall notify the offender that the offender has not been relieved of the provisions of this part.
(5) An offender whose request for termination of registration requirements is denied by a TBI official may petition the chancery court of Davidson County or the chancery court of the county where the offender resides, if the county is in Tennessee, for review of the decision. The review shall be on the record used by the TBI official to deny the request. The TBI official who denied the request for termination of registration requirements may submit an affidavit to the court detailing the reasons the request was denied.
[Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2006, ch. 890, § 18.]
