State of Tennessee v. Jamie Roskom

The Appellant, Jamie Roskom, was convicted by a Bedford County jury of violating the Sexual Offender Registration, Verification, and Tracking Act of 2004, a Class E felony. On appeal, Roskom argues that he was indicted for failing to “register” as a sexual offender, which is a violation of section 208 of the Act; however, he was convicted of failing to “report,” which is a violation of section 204. See T.C.A. § 40-39-208(1), -204(c) (Supp. 2004). As such, Roskom asserts that he was not given notice of the crime for which he was convicted, and there is “no proof that [he] [committed] the offense for which he was indicted.” After review of the record, we agree and conclude that the indicted offense of failing to “register” impermissibly varied from the proof at trial, which established the separate offense of failing to “report.” Accordingly, Roskom’s conviction for violation of the “sex offender registration act” is reversed and dismissed.