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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I'm not certain. I was searching to assist my brother who is

Customer Question

I'm not certain. I was searching for information to assist my brother who is being release from prison in FL. He was convicted of have child pornography on his computer direct promotion I believe. My other brother in TN has offered to let him live with him and his family. My concern is he has grandchildren living with him. In looking at the TN law I believe his conviction is similar to 39-17-1004 class c. I'm not sure where to find information related to where he can and cannot live. Thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

I am doing some research on this and will get back to you shortly. Thank you for your patience.

Expert:  Samuel II replied 1 year ago.

Ok. So under the TN Code at this LINK it states the following:

(c) While mandated to comply with the requirements of this part, no sexual offender, as defined in § 40-39-202, or violent sexual offender, as defined in § 40-39-202, whose victim was a minor, shall knowingly reside with a minor. Notwithstanding this subsection (c), the offender may reside with a minor if the offender is the parent of the minor, unless one (1) of the following conditions applies:

1) The offender's parental rights have been or are in the process of being terminated as provided by law; or

(2) Any minor or adult child of the offender was a victim of a sexual offense or violent sexual offense committed by the offender.

Now, within 40-39-202 it states the following:

(20) “Sexual offense” means:

(iv) Sexual exploitation of a minor, under § 39-17-1003;

And under that he is not allowed to live in a home where there are minor children.

You state you think his conviction was under the 39-17-1004 and that is the same as 39-17-1003 and you can review it at this link and compare it to the 39-17-1003

Both the 1003 and 1004 deal with the Exploitation of children.

And the state as follows:

39-17-1003. Offense of sexual exploitation of a minor.

(a) It is unlawful for any person to knowingly possess material that includes a minor engaged in:

(1) Sexual activity; or

(2) Simulated sexual activity that is patently offensive.

39-17-1004. Offense of aggravated sexual exploitation of a minor.

(a) (1) It is unlawful for a person to knowingly promote, sell, distribute, transport, purchase or exchange material, or possess with the intent to promote, sell, distribute, transport, purchase or exchange material, that includes a minor engaged in:

(A) Sexual activity; or

(B) Simulated sexual activity that is patently offensive.

So they are very similar. And while the 40-29-2002 does not specify the code of 39-17-1004 I suggest the prohibition would still apply. However, I suggest he can talk to the Public Defender or his attorney and see if they can further explain the differences between the 2 other than one being the Class C and the other a Class D.

He does not want to risk that because it is child porn conviction that he would be permitted to live where there are minors. Additionally, he needs to ask about being in a location where there are computers. Many times, there are prohibitions on that, too.

Expert:  Samuel II replied 1 year ago.

I know that is a lot to digest. Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you

Expert:  Samuel II replied 1 year ago.

Additionally, he needs to apply for an interstate compact, too. In other words, he cannot leave FLA and simply move to another state until that other state agrees to take him for supervision. And that is something he will need to talk to his case manager about getting the paperwork in for sooner than later.