Sex Crimes: Definitions and Penalties
Tennessee

• Aggravated rape is sexual penetration accompanied by any of the following:
• Force or coercion is used and the defendant is armed with a weapon or something the victim would reasonably believe is a weapon;
• The defendant causes bodily injury to the victim;
• The defendant is aided or abetted by one or more people and force or coercion is used;
• The defendant is aided or abetted by one or more people and knows or has reason to know that the victim is mentally defective, mentally incapacitated, physically helpless, or a vulnerable adult as defined in § 39-15-501, with an intellectual disability; or
• The defendant knows that the defendant is infected with HIV, meaning the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome.§ 39-13-502.
• Especially aggravated rape is aggravated rape accompanied by two or more of the following circumstances:
• Torture of the victim during the commission of the offense;
• Mutilation of the victim during the commission of the offense;
• Kidnapping or false imprisonment against the victim;
• Involuntary labor servitude or trafficking for a commercial sex act against the victim;
• The defendant has more than one prior conviction for a sexual offense or violent sexual offense, as defined in § 40-39-202;
• The offense occurs during an attempt by the defendant to perpetrate first degree murder;
• Extreme cruelty toward the victim during the commission of the offense;
• The offense involved more than one victim; or
• The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated, physically helpless, or a vulnerable adult.§ 39-13-534

• Aggravated rape:
• Class A Felony: 15-60 years’ imprisonment; maximum fine of $50,000; community supervision for life.
• Notwithstanding, a person convicted of a violation of this section shall be punished as a Range II offender (25-40 years); however, the sentence imposed upon such person may, if appropriate, be within Range III (40-60 years) but in no case shall it be lower than Range II.
• Especially aggravated rape:
  • Class A Felony: If the defendant was a juvenile at time of offense, Range II (40-60 years)I; if defendant was an adult at time of offense, defendant shall be punished by life without parole. Maximum fine of $50,000.

The following definitions are relevant to this crime (§§ 39-13-501, 39-15-501):

• “Sexual penetration” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of the victim’s, the defendant’s, or any other person’s body, but emission of semen is not required.
• “Coercion” means threat of kidnapping, extortion, force or violence to be performed immediately or in the future or the use of parental, custodial, or official authority over a child less than 15 years of age.
• “Mentally defective” means that a person suffers from a mental disease or defect which renders that person temporarily or permanently incapable of appraising the nature of the person’s conduct.
• “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling the person’s conduct due to the influence of a narcotic, anesthetic or other substance administered to that person without the person’s consent, or due to any other act committed upon that person without the person’s consent.
• “Physically helpless” means that a person is unconscious, asleep or for any other reason physically or verbally unable to communicate unwillingness to do an act.
• “Victim” means the person alleged to have been subjected to criminal sexual conduct and includes the spouse of the defendant.
• “Vulnerable adult” means a person 18 years of age or older who, because of intellectual disability or physical dysfunction, is unable to fully manage the person’s own resources, carry out all or a portion of the activities of daily living, or fully protect against neglect, exploitation, or hazardous or abusive situations without assistance from others.

• Tenn. Code Ann. §§ 39-13-502; 40-35-111; 40-35-112; 39-13-524; 39-13-534.

• Sexual penetration and any of the following (§ 39-13-503):
• Force or coercion is used;
• The sexual penetration is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the penetration that the victim did not consent;
• The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated, physically helpless, or a vulnerable adult, as defined in Tenn. Code Ann. § 39-15-501, with an intellectual disability; or
• The sexual penetration is accomplished by fraud.

• Class B felony: 8-30 years’ imprisonment; maximum fine of $25,000; community supervision for life.
• Notwithstanding, if the victim of the offense is at least thirteen (13) years of age but less than eighteen (18) years of age, rape is a Class B felony, the defendant shall be punished as a Range II offender (12-20 years); however, the sentence imposed upon the defendant may, if appropriate, be within Range III (20-30 years) but in no case shall it be lower than Range II.
• Notwithstanding, a person convicted of a violation of this section shall be punished as a Range II offender (12-20 years); however, the sentence imposed upon such person may, if appropriate, be within Range III (20-30 years) but in no case shall it be lower than Range II.

The following definitions are relevant to this crime (§§ 39-13-501, 39-15-501):

• “Sexual penetration” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of the victim’s, the defendant’s, or any other person’s body, but emission of semen is not required.
• “Coercion” means threat of kidnapping, extortion, force or violence to be performed immediately or in the future or the use of parental, custodial, or official authority over a child less than 15 years of age.
• “Mentally defective” means that a person suffers from a mental disease or defect which renders that person temporarily or permanently incapable of appraising the nature of the person’s conduct.
• “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling the person's conduct due to the influence of a narcotic, anesthetic or other substance administered to that person without the person’s consent, or due to any other act committed upon that person without the person’s consent.
• “Physically helpless” means that a person is unconscious, asleep or for any other reason physically or verbally unable to communicate unwillingness to do an act.
• “Victim” means the person alleged to have been subjected to criminal sexual conduct and includes the spouse of the defendant.
• “Vulnerable adult” means a person 18 years of age or older who, because of intellectual disability or physical dysfunction, is unable to fully manage the person’s own resources, carry out all or a portion of the activities of daily living, or fully protect against neglect, exploitation, or hazardous or abusive situations without assistance from others.

• Tenn. Code Ann. §§ 39-13-503; 40-35-111; 40-35-112; 39-13-524.

• Sexual contact and any of the following (§ 39-13-504):
• Force or coercion is used and the defendant is armed with a weapon or something the victim would reasonably believe is a weapon;
• The defendant causes bodily injury to the victim;
• The defendant is aided or abetted by one or more people and force or coercion is used;
• The defendant is aided or abetted by one or more people and knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
• The victim is less than 13 years old.

• Class B felony: 8-30 years’ imprisonment; maximum fine of $25,000; community supervision for life.
• If the victim was less than 18 years old or was mentally defective, mentally incapacitated, or physically helpless, then aggravated sexual battery is a Class B felony and the defendant must be punished as a Range II (12-20 years) offender; however, the sentence imposed upon such person may, if appropriate, be within Range III (20-30 years) but in no case shall it be lower than Range II.

The following definitions are relevant to this crime (§ 39-13-501):

• “Sexual contact” includes the intentional touching of the victim’s, the defendant’s, or any other person’s intimate parts, or the intentional touching of the clothing covering the immediate area of the victim’s, the defendant’s, or any other person’s intimate parts, if that intentional touching can be reasonably construed as being for the purpose of sexual arousal or gratification.
• “Intimate parts” includes semen, vaginal fluid, the primary genital area, groin, inner thigh, buttock or breast of a human being.
• “Coercion” means threat of kidnapping, extortion, force or violence to be performed immediately or in the future or the use of parental, custodial, or official authority over a child less than 15 years of age.
• “Mentally defective” means that a person suffers from a mental disease or defect which renders that person temporarily or permanently incapable of appraising the nature of the person’s conduct.
• “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling the person’s conduct due to the influence of a narcotic, anesthetic or other substance administered to that person without the person’s consent, or due to any other act committed upon that person without the person’s consent.
• “Physically helpless” means that a person is unconscious, asleep or for any other reason physically or verbally unable to communicate unwillingness to do an act.
• “Victim” means the person alleged to have been subjected to criminal sexual conduct and includes the spouse of the defendant.

• Tenn. Code Ann. §§ 39-13-504; 40-35-111; 40-35-112; 39-13-524.

• • Sexual contact and any of the following (§39-13-505): 
  • Force or coercion is used;
  • The sexual contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent;
  • The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
  • The sexual contact is accomplished by fraud.
  • For purposes of this section, a victim is incapable of consent if:
  • The sexual contact with the victim occurs during the course of a consultation, examination, ongoing treatment, therapy, or other provision of professional services described in subdivision (c)(2); and
  • The defendant, whether licensed by the state or not, is a member of the clergy, healthcare professional, or alcohol and drug abuse counselor who was treating the victim for a mental, emotional, or physical condition.

• Class E felony: 1-6 years’ imprisonment; maximum fine of $3,000.

The following definitions are relevant to this crime (§§ 39-13-501, 39-13-505):

• “Sexual contact” includes the intentional touching of the victim’s, the defendant’s, or any other person’s intimate parts, or the intentional touching of the clothing covering the immediate area of the victim’s, the defendant’s, or any other person’s intimate parts, if that intentional touching can be reasonably construed as being for the purpose of sexual arousal or gratification.
• “Intimate parts” includes semen, vaginal fluid, the primary genital area, groin, inner thigh, buttock or breast of a human being.
• As used in this section, “coercion” means the threat of kidnapping, extortion, force or violence to be performed immediately or in the future.
• “Mentally defective” means that a person suffers from a mental disease or defect which renders that person temporarily or permanently incapable of appraising the nature of the person’s conduct.
• “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling the person’s conduct due to the influence of a narcotic, anesthetic or other substance administered to that person without the person’s consent, or due to any other act committed upon that person without the person’s consent.
• “Physically helpless” means that a person is unconscious, asleep or for any other reason physically or verbally unable to communicate unwillingness to do an act.
• “Victim” means the person alleged to have been subjected to criminal sexual conduct and includes the spouse of the defendant.

• Tenn. Code Ann. §§ 39-13-505; 40-35-111, 40-35-112.

• Rape of a child is sexual penetration if the victim is 9-12 years old (§ 39-13-522).
• Aggravated rape of a child is sexual penetration if the victim is 8 years old or under (§ 39-13-531).
• Mitigated statutory rape is sexual penetration when the victim is 15-17 years old and the defendant is at least 4 years but not more than 5 years older than the victim (§ 39-13-506).
• Statutory rape is sexual penetration when (§ 39-13-506):
• The victim is 13-14 years old and the defendant is 4-9 years older than the victim; or
• The victim is 15-17 years old and the defendant is 5-9 years older than the victim.
• Aggravated statutory rape is sexual penetration when the victim is 13-17 years old and the defendant is at least 10 years older than the victim (§ 39-13-506).
• Aggravated sexual battery is unlawful sexual contact and any of the following (§ 39-13-504):
• Force or coercion is used and the defendant is armed with a weapon or something the victim would reasonably believe is a weapon;
• The defendant causes bodily injury to the victim;
• The defendant is aided or abetted by one or more people and force or coercion is used;
• The defendant is aided or abetted by one or more people and knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
• The victim is less than 13 years old.
• Sexual contact with a minor by an authority figure is when a defendant intentionally touches or kisses a minor’s lips with the defendant’s lips for the purpose of sexual arousal or gratification, and the victim is less than 18 years old, the defendant is at least 4 years older than the victim, and the defendant was in a position of trust or had a supervisory or disciplinary power over the minor by virtue of the defendant’s legal, professional, or occupational status or the defendant had parental or custodial authority over the minor and used such authority to accomplish the sexual contact (§ 39-13-509).
• Sexual battery by an authority figure is when an authority figure has sexual contact with a victim and any of the following (§ 39-13-527):
• (a) The victim was 13-17 years old at the time of the offense, and (b) the defendant was in a position of trust or had a supervisory or disciplinary power over the minor by virtue of the defendant’s legal, professional, or occupational status and used the position to accomplish the sexual act or the defendant had parental or custodial authority over the minor and used the authority to accomplish the sexual act; or
• (a) The victim was mentally defective, mentally incapacitated, or physically helpless, regardless of age, and (b) the defendant was in a position of trust or had a supervisory or disciplinary power over the minor by virtue of the defendant’s legal, professional, or occupational status and used the position to accomplish the sexual act or the defendant had parental or custodial authority over the minor and used the authority to accomplish the sexual act.
• Statutory rape by an authority figure is unlawful sexual penetration and (§ 39-13-532):
• The victim is 13-17 years old; and
• The defendant is at least 4 years older than the victim; and
• The defendant was in a position of trust, had a supervisory or disciplinary power over the minor, or had parental or custodial authority by virtue of the defendant’s legal, professional, or occupational status, and used the position to accomplish the sexual act over the minor and used the authority to accomplish the sexual act.
• Especially aggravated rape of a child is unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is older than 12 but less than 18 years old, accompanied by 3 or more of the following circumstances (§ 39-13-535):
• Torture of the victim during the commission of the offense;
• Mutilation of the victim during the commission of the offense;
• Kidnapping or false imprisonment against the victim;
• Involuntary labor servitude or trafficking for a commercial sex act against the victim;
• The defendant has more than one prior conviction for a sexual offense or violent sexual offense, as defined in § 40-39-202;
• The defendant is, at the time of the offense, in a position of trust, or has supervisory or disciplinary power over the victim by virtue of the defendant’s legal, professional, or occupational status and uses the position of trust or power to accomplish the sexual penetration; or the defendant has, at the time of the offense, parental or custodial authority over the victim by virtue of the defendant’s legal, professional, or occupational status and uses the position to accomplish the sexual penetration;
• The offense occurs during an attempt by the defendant to perpetrate first degree murder;
• Extreme cruelty toward the victim during the commission of the offense;
• Force or coercion is used to accomplish the act, and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
• The defendant causes serious bodily injury to the victim;
• The offense involved more than one victim; or
• The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated, or physically helpless.
• Continuous sexual abuse of a child (§ 39-13-518): Over a period of 90 days or more, engaging in multiple acts of sexual abuse of a child under § 39-13-518(a)(1)(A)(i) or (A)(ii); or over a period of less than 90 days, engaging in multiple acts of sexual abuse as defined below.
• “Multiple acts of sexual abuse of a child” means (A)(i) engaging in 3 or more incidents of sexual abuse of the same child on separate occasions; or (ii) engaging in at least 1 incident of sexual abuse of a child upon 3 or more different minor children on separate occasions; or (iii) engaging in 5 or more incidents of sexual abuse of a child involving 2 or more different minor children on separate occasions; provided in all cases that at least 1 incident occurred within the county in which the charge is filed and 1 such incident occurred on or after July 1, 2014; and (B) The victims of the incidents of sexual abuse of a child share distinctive, common characteristics, qualities or circumstances with respect to each other or to the person committing the offenses, or there are common methods or characteristics in the commission of the offense, allowing otherwise individual offenses to merge into a single continuing offense involving a pattern of criminal activity against similar victims. Common characteristics, qualities or circumstances for these purposes can include, but are not limited to: (i) The victims are related to the defendant by blood or marriage; (ii) The victims reside with the defendant; or (iii) The defendant was an authority figure, as defined in § 39-13-527(a)(3), to the victims and the victims knew each other.

• Rape of a child: Class A Felony, Range II-III, 25-60 years’ imprisonment; maximum fine of $50,000; community supervision for life.
• Aggravated rape of a child: Class A Felony. If the defendant was a juvenile at the time of the offense, the sentence must be Range III (40-60 years). If the defendant was an adult, the sentence must be death or imprisonment for life without the possibility of parole.
• Mitigated statutory rape: Class E Felony, 1-6 years’ imprisonment; maximum fine of $3,000.
• Statutory rape: Class E Felony, 1-6 years’ imprisonment; maximum fine of $3,000; possible requirement to register as sex offender.
• Aggravated statutory rape: Class D Felony, 2-12 years’ imprisonment; maximum fine of $5,000.
• Aggravated sexual battery: Class B Felony, 8-30 years’ imprisonment; maximum fine of $25,000; community supervision for life.
• Sexual contact by an authority figure: Class A misdemeanor, maximum 11 months 29 days’ imprisonment; mandatory minimum fine of $1,000; maximum fine of $2,500.
• Sexual battery by an authority figure: Class C Felony, 3-15 years’ imprisonment; maximum fine of $10,000.
• Statutory rape by an authority figure: Class B Felony, 8-30 years’ imprisonment; maximum fine of $25,000; no eligibility for probation pursuant to § 40-35-303 or judicial diversion pursuant to § 40-35-313.
• Especially aggravated rape of a child: Class A Felony. If the defendant was a juvenile at time of offense, Range III (40-60 years); if defendant was an adult at time of offense, defendant shall be punished by life without parole. Maximum fine of $50,000.
• Continuous sexual abuse of a child: Class A Felony (15-60 years, maximum fine of $50,000) if 3 or more of the acts constitute specified offenses; Class B Felony (8-30 years, maximum fine of $25,000) if 2 of the acts constitute specified offenses; Class C Felony (3-15 years, maximum fine of $10,000) if one of the acts constitutes a specified offense; Class C Felony if at least 3 of the acts constitute sexual battery by an authority figure or statutory rape by an authority figure. Notwithstanding any other law to the contrary, a person convicted of a violation of this section shall be punished by imprisonment and shall be sentenced from within the full range of punishment for the offense of which the defendant was convicted, regardless of the range for which the defendant would otherwise qualify. Community supervision for life.

The following definitions are relevant to this crime (§ 39-13-501):

• “Sexual penetration” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of the victim’s, the defendant’s, or any other person’s body, but emission of semen is not required.
• “Sexual contact” includes the intentional touching of the victim’s, the defendant’s, or any other person’s intimate parts, or the intentional touching of the clothing covering the immediate area of the victim’s, the defendant’s, or any other person’s intimate parts, if that intentional touching can be reasonably construed as being for the purpose of sexual arousal or gratification.
• “Mentally defective” means that a person suffers from a mental disease or defect which renders that person temporarily or permanently incapable of appraising the nature of the person’s conduct.
• “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling the person’s conduct due to the influence of a narcotic, anesthetic or other substance administered to that person without the person’s consent, or due to any other act committed upon that person without the person's consent.
• “Physically helpless” means that a person is unconscious, asleep or for any other reason physically or verbally unable to communicate unwillingness to do an act.
• “Sexual abuse of a child” (§ 39-13-501) means to commit an act upon a minor child that is a violation of: aggravated rape if the child is 13-17 years old, rape if the child is 13-17 years old, aggravated sexual battery, rape of a child, sexual battery by an authority figure, soliciting sexual exploitation of a minor, aggravated rape of a child, statutory rape by an authority figure, trafficking for a commercial sex act if the victim is a minor, or promoting prostitution if the victim if a minor.

• Tenn. Code Ann. §§ 39-13-506, 39-13-504, 39-13-509, 39-13-518, 39-13-522, 39-13-524, 39-13-527, 39-13-531, 39-13-532, 39-13-535

• Tennessee does not prohibit sodomy.  Anal sex is included in the definition of “sexual penetration."
• Any state laws that outright prohibit sodomy are unconstitutional under Lawrence v. Texas, 539 U.S. 588 (2003).

• N/A

The following definitions are relevant to this crime:

• “Sexual penetration” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal openings of the victim’s, the defendant's, or any other person’s body, but emission of semen is not required. (§ 39-13-501).

• N/A