Jurisdiction

[Touché]

Tennessee
I am not sure where to post this, but I am bowing to the superior knowledge of the members of this forum to help me answer this scenario.
I tried breaking up the sentences of this thread so it would be less confusing.


If man moves to Tennessee, where the residency is 6 months and becomes a resident, then moves back to Wisconsin.
He is then in Wisconsin for the 30 days it takes to become a resident there.
Tries to work it out with his wife in Tennessee and moves back to Tennessee but is not there for the full six months again before all h*ll breaks loose.
He is not there for the full six months so does not again meet the requirements, can Tennessee then come after him for not filing papers with the state that he would have had to file if he is a resident?

If I can I would also like to know where I can find out for sure what the residency requirements for each state is? Every time I google it, I get only ones pertaining to college.

 

[Whyte Noise]

Residency requirements are generally the same as the residency requirements for divorce. It will tell you how long you have to live in a state before you can file for the divorce, and a few states don't require you to be a resident at all.

As for the other part of your post.... it was very confusing. What papers would he not file that he feels he can get in trouble for?

http://www3.telus.net/public/knsdaly/quizzicaldog.jpg

 

[Touché]

a friend of mine was living in Tennessee and was a resident of Tennessee. Due to marital duress he moved to wisconsin and was there the 30 days it took to become a resident, he then moved back to tennessee to try to work on the marriage but was not in Tennessee long enough to reestablish residency. In the time he was in Wisconsin and a resident, the state of Tennessee sent papers to his wifes house pertaining to registration as a sex offender. She never gave him the papers and he is now in trouble with the state of tennessee for not filing the papers even though at the time he was legally a resident of wisconsin. Tennessee is trying to put him in prison for failure to comply. He was complying with the state he was a resident in which is wisconsin. I hope this clarifys the situation better.

1. I know this post is in the wrong forum but I trust some of the peoples judgement that I only see come into this forum.

2. Until this incident with Tennessee he has always been in compliance.

3. I have tried to google a website where I can find residency requirements for each state but only seem to find ones that pertain to entry in college.

4. I need to know if Tennessee can legally prosecute him for this considering at the time he was not a legal resident.

 

[stealth2]

I think he needs to talk to a lawyer as he's in a buttload of trouble.

 

[acmb05]

I think he needs to talk to a lawyer as he's in a buttload of trouble.

You bet your patooty he is. Requiring to register as a sex offender does not require that the offender be a legal resident of that state. The moment he moved back into the state he is required to register with local law enforcement.

As far as the paperwork that was sent to him it is not his ex's fault that HE failed to notify the courts of his new address.

 

[Touché]

LOL will tell him that Stealth, thank you and thank you to Whyte Noise. Oh and love the look ya gave me in the link Whyte Noise.

I am editing so I can add in a reply to acmb05.
I will relay all the information that I get from here to him and let him know what he is in for. I am just asking the question and am not taking sides of right or wrong either way. Thank you for the input.

 

[Touché]

He would like to now know about an expo facto situation regarding this. Basically Tennessee didn't pass their law on this till August 97 and his sentence was completed in 95. Can they make it legally enforceable to him.
(am getting this second hand and do not understand it)

 

[acmb05]

He would like to now know about an expo facto situation regarding this. Basically Tennessee didn't pass their law on this till August 97 and his sentence was completed in 95. Can they make it legally enforceable to him.
(am getting this second hand and do not understand it)

So what you are saying is he was convicted of a sex offense and finished his sentence in 1995. Now the state wants him to register as a sex offender under thier guidelines?

I would have to look it up but I believe the law says if it happened before the law went into affect it is not enforceable.

When did he receive this notice? what year?


What is it that the state wanted him to do?

 

[acmb05]

If he was released from his sentence in 95 the law still applies to him

Any person convicted of a sex offense as defined in T.C.A. ß 40.39.102 in Tennessee or convicted of an offense in another state that if committed in Tennessee would be a sex offense that meets any of the following conditions: the conviction occurs on, or after 1/1/95; the person was convicted prior to 1/1/95, but remains under supervision of parole, probation, or alternative to incarceration on 1/1/95; the person is discharged from probation, parole, or any other alternative to incarceration on or after 1/1/95; the person is discharged from incarceration without supervision on or after 1/1/95. any person who meets any of the criteria listed in the Definitions section must register with TBI 's Sex Offender Registry Program.

 

[acmb05]

Btw he has to register within 10 days of entering the state. residence requirements do not apply.

 

[acmb05]

One more thing. He can go to this link http://www.klaaskids.org/st-tenn.htm and read up on all the requirements and also after 10 years he can apply to have his name removed

Duration of Requirement: 10 years minimum; may then petition for relief from registration unless it is a lifetime offense: aggravated rape, rape, aggravated sexual battery, rape of a child, or criminal attempt to commit any of the above offenses. Any conviction for an offense in a federal court, military court or court of any state or territory that would be classified as any of the offenses listed above.

 

[acmb05]

He would like to now know about an expo facto situation regarding this. Basically Tennessee didn't pass their law on this till August 97 and his sentence was completed in 95. Can they make it legally enforceable to him.
(am getting this second hand and do not understand it)

Even though he still has to register the 97 law only allows that his name not be released to the public.

 

[Touché]

I don't understand any of what is going on I am the middle man in this and am lost so please bare with me.
All I know of the situation is he was convicted in 1990 for a sex offense in Wisconsin that occured in Wisconsin. His sentence was completed in 95. He moved to Tennessee in 99 and registered living there.
In 2002 he moved back to wisconsin and registered in Wisconsin and while he was there got a notice in tennessee to update his registry with tennessee, but he was no longer there. He moved back to tennessee and tried to contact them but says he was unable to get a hold of them before he moved back to wisconsin.
HE (not me) says that he should not have had to update with Tennessee because he was no longer living there *at that time*. This (I think) is what he is getting in trouble for.

Thank you for the responses.



I think I just got the jist of it ok here goes:
He was arrested in 2004 for the non complience. Tennessee charged him with a misdomener (?spelliing).
A few weeks later TN changed their law on the matter to make non complience a felony, so they dropped the misdomener and retroactivly changed his charge to a felony. Lawyer said they cannot do that.
They dropped the felony and then recharged him with the misdomener.
I think that through all of this it was a moot point because at the time he was not living in Tennessee he was traveling down for his divorce when they claimed non complience. At the time he was complient in Wisconsin.

 

[acmb05]

I don't understand any of what is going on I am the middle man in this and am lost so please bare with me.
All I know of the situation is he was convicted in 1990 for a sex offense in Wisconsin that occured in Wisconsin. His sentence was completed in 95. He moved to Tennessee in 99 and registered living there.
In 2002 he moved back to wisconsin and registered in Wisconsin and while he was there got a notice in tennessee to update his registry with tennessee, but he was no longer there. He moved back to tennessee and tried to contact them but says he was unable to get a hold of them before he moved back to wisconsin.
HE (not me) says that he should not have had to update with Tennessee because he was no longer living there *at that time*. This (I think) is what he is getting in trouble for.

Thank you for the responses.

He was supposed to notify Tennessee when he moved from the state. If he did not do that then Tennessee had no way of knowing e was not there and sent the required form to him. Since he did not live in the state he did not get the form, that is not the states fault.

He needs to contact a lawyer and bring all proof that he was not living in the state at the time they wanted his update info. They may dismiss it but he needs to notify not only the state he moves to but also the one he moves out of and give them a forawrding address

 

[Whyte Noise]

LOL will tell him that Stealth, thank you and thank you to Whyte Noise. Oh and love the look ya gave me in the link Whyte Noise.

*In my best Kyra Sedgwick voice* Why, Thank youuuuuuuuu

I happen to think it's one of the better pictures of me out there.