Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I am in Tennessee and I need to know requirements regarding if and when a Violent Sex Offender from 1990, who was a minor himself at the time, can spend time with his minor step son – this regards my now-husband and my own son, who is his step-son. There has to be laws somewhere explaining this. I get 3 or 4 different answers from the people I call. TBI says one things, DCS says another, the person my husband registers with says another. Please please help me find these laws.
The Tennessee laws that deal with sex offenders are Sections 40-39-201 through Sections 40-39-217. It looks like the deciding factor may be whether the victim in 1990 was a minor. If not, he cannot be prevented from living with his step-son. If so, the law prevents him from living with any minors. If this is the case, he may be able to try to terminate his registration requirements outlined in Section 40-39-207. Although reading these laws may help you, they can be interpreted differently by different agencies. A criminal defense attorney who specializes in sex offender cases can provide you with the best guidance as to whether your husband can live with you and your son, as well as the possibilities of pursuing a termination of registration requirements.
