AG: Proposed Change to Sex Offender Law Unconstitutional

5-20-2010 Tennessee:

A state attorney general’s opinion says a proposed change to state law dealing with sexual offenders residing with children is unconstitutional. It involves SB3697 by Sen. Diane Black, who requested the opinion, and Rep. Debra Maggart.

State law now generally says that convicted sex offenders cannot reside with children, with parents exempted, along with step-parents – unless the sex offender step parent’s victim was under age 13 at the time of the offense. Then step-parents are banned from living with children as well.

So what if the record is unclear on the victim’s age at the time of the offense? The proposed change of law creates a legal presumption in such a case that the victim was under age 13 and therefore should be banned from residing with a minor.

That, says the opinion, “unconstitutionally relieves the state of its burden of proving every fact necessary for conviction beyond a reasonable doubt, in violation of the due process clause of the Fourteenth Amendment to the United States Constitution.” ..Source..