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TENNESSEE

 

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

Title 39

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.]

 

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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.]

 

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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.]

 

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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.]

 

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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

Chapter 2

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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