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The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
Tennessee
Code Annotated
Volume
7
2003
Replacement
Updated
through the 2003 Session of the General Assembly
Prevention
and Detection of Crime
Criminal
Offenses
Part
5 Sexual Offenses (pg 388, 389)
39-13-501.
Definitions-
As used in § 39-13-501 – 39-13-511, except as specifically provided in § 39-13-505, unless the context otherwise requires:
(1) “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 fifteen (15) years of age;
(2) “Intimate parts” includes the primary genital area, groin, inner thigh, buttock or breast of a human being;
(3) “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 such person’s conduct;
(4) “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;
(5) “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;
(6) “Sexual contact” includes the intentional touching of the victim’s, the defendant’s, or any other person’s intimated 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;
(7) “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; and
(8) “Victim” means the person alleged to have been subjected to criminal sexual conduct.
[Acts 1989, ch. 591, §
1;1997, ch. 256, § 2.]
39-13-502. Aggravated rape. (pg. 393)
(a) Aggravated rape is unlawful sexual penetration of a
victim by the defendant or the defendant by a victim accompanied by any of the
following circumstances:
(1) 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;
(2) The defendant causes bodily injury to the victim;
(3) The defendant is aided or abetted by one (1) or
more other persons; and
(A) Force or coercion is used to accomplish the act; or
(B) The defendant knows or has reason to know that the
victim is mentally defective, mentally incapacitated or physically helpless.
(b) Aggravated rape is a Class A felony.
[Acts 1989, ch. 591, § 1; 1990, ch. 980, § 3; 1992, ch. 878, § 3.]
39-13-503. Rape. (pg 400)
(a) Rape is unlawful sexual penetration of a victim by
the defendant or of the defendant by a victim accompanied by any of the
following circumstances:
(1) Force or coercion is used to accomplish the act;
(2) 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;
(3) The defendant knows or has reason to know that the
victim is mentally defective, mentally incapacitated or physically helpless; or
(4) The sexual penetration is accomplished by fraud.
(b) Rape is a Class B felony.
(c) When imposing sentence under the provisions of
title 40, chapter 35, for a conviction under this section, the court shall
consider as an enhancement factor that the defendant caused the victim to be
mentally incapacitated or physically helpless by used of a controlled
substance.
[Acts 1989, ch. 591, § 1; 1995, ch. 484, § 1; 1997, ch. 406, § 1.]
39-13-504. Aggravated sexual battery. (pg 404)
(a) Aggravated sexual battery is unlawful sexual
contact with a victim by the defendant or the defendant by a victim accompanied
by any of the following circumstances:
(1) 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;
(2) The defendant causes bodily injury to the victim;
(3) The defendant is aided or abetted by one (1) or more
other persons; and
(A) Force or coercion is used to accomplish the act; or
(B) The defendant knows or has reason to know that the
victim is mentally defective, mentally incapacitated or physically helpless; or
(4) The victim is less than thirteen (13) years of age.
(b) Aggravated sexual battery is a Class B felony.
[Acts 1989, ch. 591, § 1; 1993, ch. 289, § 1.]
39-13-505. Sexual battery. (pg 409)
(a) Sexual battery is unlawful sexual contact with a
victim by the defendant or the defendant by a victim accompanied by any of the
following circumstances:
(1) Force or coercion is used to accomplish the act;
(2) 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;
(3) The defendant knows or has reason to know that the
victim is mentally defective, mentally incapacitated or physically helpless; or
(4) The sexual contact is accomplished by fraud.
(b) As used in this section, “coercion” means the
threat of kidnapping, extortion, force or violence to be performed immediately
or in the future.
(c) Sexual battery is a Class E felony.
(d) When imposing sentence under the provisions of
title 40, chapter 35, for a conviction under this section, the court shall
consider as an enhancement factor that the defendant caused the victim to be
mentally incapacitated or physically helpless by use of a controlled substance.
[Acts 1989, ch. 591, § 1;1995, ch. 484, § 2; 1996, ch. 675, § 74; 1997, ch. 256, § 3; 1997, ch. 406, § 3.]
39-13-506. Statutory rape. (pg 411)
(a) Statutory rape is sexual penetration of a victim by
the defendant or of the defendant by the victim when the victim is at least
thirteen (13) but less than eighteen (18) years of age and the defendant is at
least four (4) years older than the victim.
(b) If the person accused of statutory rape is under
eighteen (18) years of age, such a defendant shall be tried as a juvenile and
shall not be transferred for trial as an adult.
(c) Statutory rape is a Class E felony.
[Acts 1989, ch. 591, § 1; 1990, ch. 980, § 4; 1994, ch. 719, § 1.]
39-13-522. Rape of a child. (pg 422)
(a) Rape of a child is the unlawful sexual penetration
of a victim by the defendant or the defendant by a victim, if such victim is
less than thirteen (13) years of age.
(b) Rape of a child is a Class A felony.
(c) When imposing sentence under the provisions of
title 40, chapter 35, for a conviction under this section, the court shall consider
as an enhancement factor that the defendant caused the victim to be mentally
incapacitated or physically helpless by use of a controlled substance.
[Acts 1992, ch. 878, § 1; 1997, ch. 406, § 2.]
39-15-302. Incest. (pg 580)
(a) A person commits incest who engages in sexual
penetration as defined in § 39-13-501, with a person, knowing such person to
be, without regard to legitimacy:
(1) The person’s natural parent, child, grandparent,
grandchild, uncle aunt, nephew, niece, stepparent, stepchild, adoptive parent,
adoptive child; or
(2) The person’s brother or sister of the whole or
half-blood or by adoption.
(b) Incest is a Class C felony.
[Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 25.]
39-17-1002. Definitions. (pg 769,770)
See this Section for further information on this topic.
39-17-1003. Sexual exploitation of a minor. (pg 770)
(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.
(b) In a prosecution under this section, the trier of
fact may infer that a participant is a minor if the material through its title,
text, visual representation or otherwise represents or depicts the participant
as a minor.
(c) A violation of this section is a Class E felony.
[Acts 1990, ch. 1092, § 7.]
39-17-1004. Aggravated sexual exploitation of a
minor. (pg
770, 771)
(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,
which includes a minor engaged in:
(A) Sexual activity; or
(B) Simulated sexual activity that is patently offensive.
(2) In a prosecution under this subsection (a), the
trier of fact may infer that a participant is a minor if the material through
its title, text, visual representation or otherwise represents or depicts the
participant as a minor.
(3) A violation of this subsection (a) is a Class C
felony.
(b) (1) It is unlawful for a person to knowingly promote,
sell, distribute, transport, purchase or exchange material which is obscene, as
defined in § 31-17-901 (10), or possess with the intent to promote, sell, distribute,
transport, purchase or exchange such material, which includes a minor engaged
in:
(A) Sexual activity; or
(B) Simulated sexual activity that is patently
offensive.
(2) In a prosecution under this subsection (b), the
trier of fact may infer that a participant is a minor if the material through
its title, text, visual representation or otherwise represent or depicts the
participant as a minor.
(3) A violation of this subsection (b) is a Class B
felony.
[Acts 1990, ch. 1092, § 7.]
39-17-1005. Especially aggravated sexual
exploitation of a minor. (pg 771)
(a) It is unlawful for a person to knowingly promote,
employ, use, assist, transport or permit a minor to participate in the
performance or in the production of material which includes the minor engaging
in:
(1) Sexual activity; or
(2) Simulated sexual activity that is patently offensive.
(b) In a prosecution under this section, the trier of
fact may infer that a participant is a minor if the material through its title,
text, visual representation or otherwise represents or depicts the participant
as a minor.
(c) A violation of this section is a Class B felony.
Nothing in this section shall be construed as limiting prosecution under §
39-13-502, for aggravated rape or § 39-13-504, for aggravated sexual battery.
[Acts 1990, ch. 1092, § 7].
Tennessee Code Annotated
Volume 7A
2003 Replacement
Title 40
Criminal Procedure
Limitation of Prosecutions
40-2-101. Felonies (pg 11,12)
(a) A person may be prosecuted, tried and punished for
an offense punishable with death or by imprisonment in the penitentiary during
life, at any time after the offense is committed.
(b) Prosecution for a felony shall begin within:
(1) Fifteen (15) years for a Class A felony;
(2) Eight (8) years for a Class B felony;
(3) Four (4) years for a Class C or Class D felony; and
(4) Two (2) years for a Class E felony.
(c) Notwithstanding subsection (a) and (b), offenses arising
under the revenue laws of the state shall be commenced within three (3) years
next after the commission of the offense, except that the period of limitation
of prosecution shall be six (6) years in the following instances:
(1) Offenses involving the defrauding or attempting to
defraud the state of Tennessee or any agency thereof, whether by conspiracy or
not, and in any manner;
(2) The offense of willfully attempting in any manner
to evade or defeat any tax or the payment thereof;
(3) The offense of willfully aiding or abetting, or
procuring, counseling or advising, the preparation or presentation under, or in
connection with, any matter arising under the revenue laws of the state, or a
false or fraudulent return, affidavit, claim or document, whether or not such
falsity or fraud is with the knowledge or consent of the person authorized or
required to present such return, affidavit, claim or document;
(4) The offense of willfully failing to pay any tax, or
make any return at the time or times required by law or regulation; and
(5) Notwithstanding the provisions of subdivision
(b)(3) to the contrary, prosecution for the offense of arson as prohibited by §
39-14-301 shall commence within eight (8) years from the date the offense
occurs.
(d) Prosecutions for any offense committed against a
child prior to July 1, 1997, that constitutes a criminal offense under the
provisions of §§ 39-2-601 [repealed], 39-2-603 [repealed], 39-2-604 [repealed],
39-2-606 [repealed], 39-2-607 [repealed], 39-2-608 [repealed], 39-2-612
[repealed], 39-4-306 [repealed], 39-4-307 [repealed], 39-6-1137 [repealed], or
§ 39-6-1138 [repealed], or under the provisions of §§ 39-13-502 – 39-13-505, §
39-15-302 or § 39-17-902 shall commence no later than the date the child
attains the age of majority or within four (4) years next after the commission of the offense, whichever
occurs later; provided, that pursuant to subsection (a), an offense punishable
by life imprisonment may be prosecuted at any time after the offense shall have
been committed.
(e) For offenses committed prior to November 1, 1989, the limitation of prosecution in effect at that time shall govern.
(f) Prosecutions for any offense committed against a
child on or after July 1, 1997, that constitutes a criminal offense under the
provisions of §§ 39-13-502 – 39-13-505, § 39-13-522, § 39-15-302 or § 39-17-902
shall commence no later than the date the child reaches twenty-one (21) years
of age; provided, that if the provisions of subsection (a) or (b) provide a
longer period of time within which prosecution may be brought than this
subsection (f), the applicable provision of subsection (a) or (b) shall
prevail.
[Code 1932, §§11481-11483; Acts 1977, ch. 62, § 1; T.C.A. (orig.ed.),
§§ 40-201 – 40-203; Acts 1985, ch 478, § 21; 1990, ch. 980, § 17; 1997, ch,
214, §§ 1, 2; 1998, ch. 962, § 1.]
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