Tennessee § 39-15-302 - Incest.

§ 39-15-302. Incest.

A person commits incest who engages in sexual penetration as defined in § 39-13-501, with a person, knowing the person to be, without regard to legitimacy: The person's natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child; or The person's brother or sister of the whole or half-blood or by adoption. Incest is a Class C felony. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 25. Sentencing Commission Comments. This section forbids a wider range of relationships than did prior code § 39-4-306 by adding adoptive and step-parent and step-child relationships. This change was made to promote family solidarity by prohibiting relationships with anyone with parental authority which may be abused to sexual ends. If the sexual penetration is nonconsensual, the offender could be charged with rape or aggravated rape. If one of the parties is a minor who is legally incapable of consenting, the offender may be charged with statutory rape despite consent being given. Compiler's Notes. 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. Commission of act against child under this section deemed severe child abuse, § 37-1-102 . 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 under this section, § 40-24-107 . Disfranchisement on conviction, § 40-20-112 . Limitation of actions in prosecutions under this section for offenses committed against children, § 40-2-101 . Penalty for Class C felony, § 40-35-111 . Prohibited degrees of relationship for marriage, § 36-3-101 . Rape of a child, § 39-13-522 . Reports of incest, county human services director to notify district attorney general, § 37-1-405 . Sexual offender registration and monitoring, title 40, ch. 39. Statutory rape, § 39-13-506 . 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, § 5. Law Reviews. Use of Presumptions in Proving the Existence of Marriage Relationships in Tennessee (Richard T. Doughtie), 5 Mem. St. U.L. Rev. 409 (1975).