Tennessee § 39-13-505 - Sexual battery.

§ 39-13-505. Sexual battery.

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: Force or coercion is used to accomplish the act; 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; The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or The sexual contact is accomplished by fraud. As used in this section, “coercion” means the threat of kidnapping, extortion, force or violence to be performed immediately or in the future. Sexual battery is a Class E felony. Acts 1989, ch. 591, § 1; 1995, ch. 484, § 2; 1996, ch. 675, § 74; 1997, ch. 256, § 3; 1997, ch. 406, § 3; 2005, ch. 353, § 12. 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. 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. Instruction on the prevention of hate crimes and sexual offenses, § 49-7-137 . Limitation of actions in prosecutions for offenses committed against children, § 40-2-101 . Mental health and intellectual and developmental disabilities, title 33. Penalty for Class E felony, § 40-35-111 . Rule Reference. This section is referred to in Rule 412 of the Tennessee Rules of Evidence. Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Assault and Battery, § 2; 21 Tenn. Juris., Rape, §§ 1-4, 7. Tennessee Law of Evidence (2nd ed., Cohen, Paine and Sheppeard), § 412A.2.