Tennessee § 39-13-522 - Rape of a child.

§ 39-13-522. Rape of a child.

Rape of a child is the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is more than eight (8) years of age but less than thirteen (13) years of age. Rape of a child is a Class A felony. Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case shall it be lower than Range II. Section 39-13-525(a) shall not apply to a person sentenced under this subdivision (b)(2). Notwithstanding any law to the contrary, the board of parole may require, as a mandatory condition of supervision for any person convicted under this section, that the person be enrolled in a satellite-based monitoring program for the full extent of the person's term of supervision consistent with the requirements of § 40-39-302. Acts 1992, ch. 878, § 1; 1997, ch. 406, § 2; 2005, ch. 353, § 14; 2006, ch. 890, § 22; 2007, ch. 501, § 1; 2011, ch. 306, § 1; 2020, ch. 588, § 2. Compiler's Notes. Acts 2005, ch. 353, § 18 provided that the act shall apply to sentencing for criminal offenses committed on or after June 7, 2005. Offenses committed prior to June 7, 2005, shall be governed by prior law, which shall apply in all respects. However, for defendants who are sentenced after June 7, 2005, for offenses committed on or after July 1, 1982, the defendant may elect to be sentenced under the provisions of the act by executing a waiver of such defendant's ex post facto protections. Upon executing such a waiver, all provisions of the act shall apply to the defendant. Acts 2005, ch. 353, § 19 provided that that act shall have no application to sentencing for persons convicted of murder in the first degree, which shall be governed by the provisions of §§ 39-13-202 — 39-13-208 . 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 this act, even though not codified together, may collectively be known as the ‘Child Protection Act of 2006’.” Acts 2012, ch. 727, § 1 amended § 4-3-104 , which concerns name changes of departments and divisions, to provide that references to the board of probation and parole, formerly referred to in subdivision (b)(2)(C), are deemed references to the board of parole. Amendments. The 2020 amendment substituted “eight (8) years of age” for “three (3) years of age” in (a). Effective Dates. Acts 2020, ch. 588, § 3. July 1, 2020. Cross-References. Child abuse, title 39, ch. 15, part 4. Criminal sentencing enhancement factors, § 40-35-114 . Penalty for Class A felony, § 40-35-111 . Rule Reference. This section is referred to in Rule 412 of the Tennessee Rules of Evidence. 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).