(a) Public library boards shall have the authority to reasonably restrict the access of any person listed on the sexual offender registry. Such authority may be delegated by the board to a library administrator.
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Tennessee Code 40-39-216

  • Offender: means sexual offender, violent sexual offender and violent juvenile sexual offender, unless otherwise designated. See Tennessee Code 40-39-202
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
  • Sexual offender: means a person who has been convicted in this state of committing a sexual offense or has another qualifying conviction. See Tennessee Code 40-39-202
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) In determining the reasonableness of the restrictions, the board shall consider the following criteria:

(1) The likelihood of children being present in the library at the times and places to be restricted;
(2) The age of the victim of the offender; and
(3) The chilling effect of the use of the library by other patrons if the offender is not restricted.
(c) Nothing in this section shall prevent the board from imposing a total ban of the offender’s access to a public library so long as the criteria in subsection (b) are considered.
(d) The restrictions of this section shall be effective upon the mailing of notice to the address of the offender as listed on the sexual offender registry. The notice shall state with specificity, the time and space restrictions. The board, or if so delegated, the library administrator, shall state in the notice that the criteria in subsection (b) have been considered.
(e) A registered sex offender who enters upon the premises of a public library in contravention of the restrictions five (5) days after mailing of the notice may, at the discretion of the library administrator, be prosecuted for criminal trespass pursuant to § 39-14-405.
  Previous section
Next section  
 Part 2 Contents