Tennessee § 39-13-502 - Aggravated rape.

§ 39-13-502. Aggravated rape.

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: 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 bodily injury to the victim; The defendant is aided or abetted by one (1) or more other persons; and Force or coercion is used to accomplish the act; or The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless. Aggravated rape is a Class A felony. Acts 1989, ch. 591, § 1; 1990, ch. 980, § 3; 1992, ch. 878, § 3. Sentencing Commission Comments. Former subdivision (a)(4), concerning rape of a child less than thirteen years of age, has been moved to § 39-13-522 . 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. 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 injuries compensation claim procedure for child sexual abuse victims, § 29-13-108 . Criminal injuries compensation for child sexual abuse victims, § 29-13-106 . Criminal injuries compensation fund privilege tax upon persons committing sexual offenses upon children, § 40-24-107 . Criminal sentencing enhancement factors, § 40-35-114 . Culpability, title 39, ch. 11, part 3. HIV testing of persons convicted of violation of this section, § 39-13-521 . Limitation of actions in prosecutions for offenses committed against children, § 40-2-101 . Mental health and intellectual and developmental disabilities, title 33. Multiple rapists, § 39-13-523 . Penalty for Class A felony, § 40-35-111 . Restoration of voting rights to convicted felons, title 40, ch. 29. Restrictions on release on parole, § 40-35-503 . Termination of parental rights for commission of aggravated rape upon child, § 37-1-147 . Transfer from juvenile court, § 37-1-134 . Written request for charge on lesser included offense, § 40-18-110 . 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, 27.104. Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, §§ 3, 42; 21 Tenn. Juris., Rape, §§ 2, 4, 8, 9. 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).