Statutory Definitions of Tennessee Sexual and Violent ...

1 Statutory Definitions of Tennessee Sexual and Violent Sexual Offenses with Related Codes Note: The Definitions of the crimes listed below are the most recent Definitions according to Tennessee statute. It is important to note that Statutory Definitions may occasionally vary from year to year. To obtain Definitions of Sexual offenses committed in another state, please refer to that state s Sex Offender Registry. 39-11-411. Accessory after the fact (a) A person is an accessory after the fact who, after the commission of a felony, with knowledge or reasonable ground to believe that the offender has committed the felony, and with the intent to hinder the arrest, trial, conviction or punishment of the offender: (1) Harbors or conceals the offender; (2) Provides or aids in providing the offender with any means of avoiding arrest, trial, conviction or punishment; or (3) Warns the offender of impending apprehension or discovery.

2 (b) This section shall have no application to an attorney providing legal services as required or authorized by law. (c) Accessory after the fact is a Class E felony. 39-13-304. Aggravated kidnapping (note: the Sex Offender Law requires the victim to be a minor and the offender to not be the parent of the victim for this crime to be classified as a Violent Sexual offense) (a) Aggravated kidnapping is false imprisonment, as defined in 39-13-302, committed: (1) To facilitate the commission of any felony or flight thereafter; (2) To interfere with the performance of any governmental or political function; (3) With the intent to inflict serious bodily injury on or to terrorize the victim or another; (4) Where the victim suffers bodily injury.

3 Or (5) While the defendant is in possession of a deadly weapon or threatens the use of a deadly weapon. (b) (1) Aggravated kidnapping is a Class B felony. (2) If the offender voluntarily releases the victim alive or voluntarily provides information leading to the victim's safe release, such actions shall be considered by the court as a mitigating factor at the time of sentencing. 39-13-516. Aggravated prostitution (a) A person commits aggravated prostitution when, knowing that such person is infected with HIV, the person engages in Sexual activity as a business or is an inmate in a house of prostitution or loiters in a public place for the purpose of being hired to engage in Sexual activity.

4 (b) For the purposes of this section, "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome. (c) Nothing in this section shall be construed to require that an infection with HIV has occurred in order for a person to have committed aggravated prostitution. (d) Aggravated prostitution is a Class C felony. 39-13-502. Aggravated rape (a) 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: (1) 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; (2) The defendant causes bodily injury to the victim; (3) The defendant is aided or abetted by one (1) or more other persons; and (A) Force or coercion is used to accomplish the act.

5 Or (B) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless. (b) Aggravated rape is a Class A felony. 39-13-531. Aggravated rape of a child (a) Aggravated 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 three (3) years of age or less. (b) Aggravated rape of a child is a Class A felony and shall be sentenced within Range III, as set forth in title 40, chapter 35. 39-13-504. Aggravated Sexual battery (a) Aggravated 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: (1) 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; (2) The defendant causes bodily injury to the victim; (3) The defendant is aided or abetted by one (1) or more other persons; and (A) Force or coercion is used to accomplish the act.

6 Or (B) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or (4) The victim is less than thirteen (13) years of age. (b) Aggravated Sexual battery is a Class B felony. 39-17-1004. Aggravated Sexual exploitation of a minor (a) (1) It is unlawful for a person to knowingly promote, sell, distribute, transport, purchase or exchange material, or possess with the intent to promote, sell, distribute, transport, purchase or exchange material, that includes a minor engaged in: (A) Sexual activity; or (B) Simulated Sexual activity that is patently offensive.

7 (2) A person who violates subdivision (a)(1) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials involved in a violation under subdivision (a)(1) is greater than twenty-five (25), the person may be charged in a single count to enhance the class of offense under subdivision (a)(4). (3) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, Internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, sold, distributed, transported, purchased, exchanged or possessed the material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.

8 (4) A violation of this section is a Class C felony; however, if the number of individual images, materials, or combination of images and materials that are promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to promote, sell, distribute, transport, purchase or exchange, is more than twenty-five (25), then the offense shall be a Class B felony. (b) (1) It is unlawful for a person to knowingly promote, sell, distribute, transport, purchase or exchange material that is obscene, as defined in 39-17-901(10), or possess material that is obscene, with the intent to promote, sell, distribute, transport, purchase or exchange the material, which includes a minor engaged in: (A) Sexual activity; or (B) Simulated Sexual activity that is patently offensive.

9 (2) A person who violates subdivision (b)(1) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials involved in a violation under subdivision (b)(1) is greater than twenty-five (25), the person may be charged in a single count to enhance the class of offense under subdivision (b)(4). (3) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, Internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, sold, distributed, transported, purchased, exchanged or possessed the material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.

10 (4) A violation of this section is a Class C felony; however, if the number of individual images, materials, or combination of images and materials, that are promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to promote, sell, distribute, transport, purchase or exchange, is more than twenty-five (25), then the offense shall be a Class B felony. (c) In a prosecution under this section, the state is not required to prove the actual identity or age of the minor. (d) A person is subject to prosecution in this state under this section for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where the person promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to promote, sell, distribute, transport, purchase or exchange material within this state.