Tennessee § 39-13-506 - Mitigated statutory rape — Statutory rape — Aggravated statutory rape.

§ 39-13-506. Mitigated statutory rape — Statutory rape — Aggravated statutory rape.

Mitigated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim when the victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is at least four (4) but not more than five (5) years older than the victim. Statutory rape is the unlawful 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 fifteen (15) years of age and the defendant is at least four (4) years but less than ten (10) years older than the victim; or The victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is more than five (5) but less than ten (10) years older than the victim. Aggravated statutory rape is the unlawful 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 ten (10) years older than the victim. Mitigated statutory rape is a Class E felony. Statutory rape is a Class E felony. In addition to the punishment provided for a person who commits statutory rape for the first time, the trial judge may order, after taking into account the facts and circumstances surrounding the offense, including the offense for which the person was originally charged and whether the conviction was the result of a plea bargain agreement, that the person be required to register as a sexual offender pursuant to title 40, chapter 39, part 2. Aggravated statutory rape is a Class D felony. Acts 1989, ch. 591, § 1; 1990, ch. 980, § 4; 1994, ch. 719, § 1; 2005, ch. 487, § 4; 2006, ch. 890, § 5; 2007, ch. 594, § 7; 2012, ch. 883, § 1. Sentencing Commission Comments. This section provides that the defendant must be at least four years older than the victim. The defense of promiscuity of the victim, which was formerly found in subsection (b), was repealed in 1994. Compiler's Notes. Acts 2005, ch. 353, § 20(b) provided that the Tennessee Code commission is requested to insert a cross reference in §§ 39-13-102 , 39-13-502 , 39-13-503 , 39-13-505 , 39-13-506 , 39-13-522 , 39-14-302 and 39-14-408 to § 40-35-114 stating that the enhancement factor formerly found in each such section was moved to § 40-35-114 so that all enhancement factors are located in one (1) section. Acts 2006, ch. 890, § 1 provided that the provisions of the act may be collectively known as the “Child Protection Act of 2006.” For the Preamble to the act regarding criminal penalties, procedure and sentencing, please refer to Acts 2007, ch. 594. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Child sexual abuse, title 37, ch. 1, part 6. Criminal sentencing enhancement factors, § 40-35-114 . Penalties for Class D and E felonies, § 40-35-111 . Rule Reference. This section is referred to in Rule 412 of the Tennessee Rules of Evidence. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 28.94. Tennessee Jurisprudence, 14 Tenn. Juris., Incest, § 1; 21 Tenn. Juris., Rape, §§ 2-6, 8. Law Reviews. “Let’s Talk About Sexting, Baby”: A Mens Rea-Centered Approach to the Sexting Issue in Tennessee (Emily Long), 42 U. Mem. L. Rev. 1139 (2012). “No Provincial or Transient Notion”: The Need for a Mistake of Age Defense in Child Rape Prosecutions, 57 Vand. L. Rev. 693 (2004).