Experienced Nashville Lawyers Defending Sex Offense Charges in Tennessee

OFFENSE

RANGE

STANDARD
SENTENCE

STATUTORY DEFINITION
OF CRIME

Aggravated Rape

T. C. A. § 39-13-502

Class A
Felony
15 - 60
years

15 – 25 years
SOTP+$3000 fee
20 yrs presumptive
starting point
eligible for 15%
sentence credits
except for multiple
rapists

Sex Offender
Registry

Rape by coercion where accused:
(1) Armed or
(2) Causes serious bodily injury or
(3) Helped by another person and
coercion is used or victim is
mentally defective, mentally
incapacitated or physically helpless

Rape of a Child

T. C. A. § 39-13-522

Class A
Felony
15 - 60
years

15 – 25 years

@100% day for day
20 yrs presumptive
starting point
SOTP+$3000 fee

Sex Offender
Registry

Penetration of a victim by the
defendant or the defendant by a
victim, if such victim is less than 13
years old

Judge must consider as enhancement
factor if accused used controlled
substance to incapacitate victim
mentally or physically

Rape

T. C. A. § 39-13-503

Class B
Felony
8 - 30
years

8 – 12 years

eligible for 15%
sentence credits
except for multiple
rapists

Sex Offender
Registry

Penetration where victim does not
consent or is mentally defective,
mentally incapacitated or physically
helpless; or where penetration is
accomplished by fraud

Aggravated Sexual
Battery

T. C. A. § 39-13-504

Class B
Felony
8 - 30
years

8 – 12 years

Sex Offender
Registry

eligible for 15%
sentence credits
except for multiple
rapists

Sexual contact where:
(1) Coercion or weapon is
employed or (2) Victim suffers
bodily injury or
(3) Accused helped by another
person; and(A) Force or coercion is
used to accomplish the act; or
(B) The defendant knows or has
reason to know that the victim is
mentally defective, mentally
incapacitated or physically
helpless; or (4) Victim under 13
years old

Sexual Battery

T. C. A. § 39-13-505

Class E
Felony
1 – 6 years

1 – 2 years

Sex Offender
Registry

Judge must consider
as enhancement factor
if accused used
controlled substance
to incapacitate victim
mentally or physically

Sexual contact where:
(1) Force or coercion is used; or
(2) Sexual contact victim does not
consent and accused knows or
should know victim does not
consent; or
(3) Accused knows or should know
victim mentally defective, mentally
incapacitated or physically
helpless; or
(4) By fraud

Statutory Rape

T. C. A. § 39-13-506

Class E
Felony
1 – 6 years

1 – 2 years

Sex Offender
Registry

Consensual penetration when
victim is at 13 years old but less
than 18 and the accused is at least
4 years older than the victim. If the
accused of is under 18, he must be
tried as a juvenile and cannot be
transferred to adult court

Spousal Rape
(Agg Rape elements)
T. C. A. § 39-13-507 (b)(1)
(C) punished like § 39-13-
502)

Note: There are three
separate punishments for
“Spousal Rape”
depending on the
elements of the offense.
“Aggravated Spousal
Rape” is a separate crime
and is punished as a
Class B Felony. See
below.

Class A
Felony
15 - 60
years

15 – 25 years

Sex Offender
Registry

Unlawful Penetration where
spouses are living apart and one
has filed for divorce or separate
maintenance and where:

Penetration is by coercion and
accused is Armed or Causes
serious bodily injury or Helped by
another person and coercion is
used or victim is mentally defective,
mentally incapacitated or physically
helpless

(T. C. A. § 39-13-507 (b)(1)(C)
punished pursuant to § 39-13-502)

Aggravated Spousal
Rape

T. C. A. § 39-13-507(c)(1)

Class B
Felony
8 - 30
years

8 – 12 years

Unlawful sexual penetration where
accused knowingly engaged in
conduct that was especially cruel,
vile and inhumane; and either
Causes serious bodily injury; or Is
armed with a weapon

Spousal Rape

T. C. A. §
39-13-507(c)(1)(A) or
(B)

Class C
Felony
3 – 15
years

3 - 6 years

Unlawful (non-consensual)
penetration where accused is
armed or causes serious bodily
injury

Sexual Battery by
Authority Figure

T. C. A. § 39-13-527

Class C
Felony
3 – 15
years

3 - 6 years

Sexual contact by authority figure
with victim 13 or older but less than
18 years old and either:
(A) Accused had supervisory or
disciliplinary power by virtue
professional, occupational status or
(B) Accused had parental or
custodial authority over victim

Solicitation of
person under 18
years of age

T. C. A. § 39-13-528

Class E
Felony
1 – 6 years

1 – 2 years

Sex Offender
Registry

Where person eighteen 18 or older,
by means of oral, written or
electronic communication,
electronic mail or Internet services,
directly or through another, to
intentionally command, request or
hire a person who the person
making the solicitation knows or
should know is less than 18 years
of age to engage in conduct that if
completed would constitute a
violation by the soliciting adult of (1)
Rape of a child or (2) Aggravated
rape or (3) Rape or (4) Aggravated
sexual battery or (5) Sexual battery
or (6) Statutory rape or (7)
Especially aggravated sexual
exploitation of a minor

Incest

T. C. A. § 39-15-302

Class C
Felony
3 – 15
years

3 – 6 years

Sex Offender
Registry

Penetration of natural parent, child,
grandparent, grandchild, uncle,
aunt, nephew niece, stepparent,
step- child, adoptive parent,
adoptive child; or of half or
full-blood sibling by adoption

Patronizing
Prostitution

T. C. A. § 39-13-514

11 months
29 days +
$2,500 fine

Generally:
6 months
+ $500 fine

Generally, Patronizing Prostitution
is a Class B Misdemeanor but it is
a Class A if within 100 feet of
church or 1.5 miles from a school.
Statute requires anyone convicted
of the school-zone offense to serve
7 days in jail and pay a $1,000 fine

Public Indecency-
Indecent Exposure

T.C.A. § 39-13-511

Class E
Felony
1 – 6 years

Generally, 1st or
2nd Offense: 6
months +
$500 fine
3rd Offense::
11 months, 29
days
$1,500 fine

Beware: Felony Implications !
Statue is beyond the scope of this
chart but includes, public sex,
exposure of sexual parts or enticing
minors to private premises for
purpose of exposure. See full text
of T.C.A. § 39-13-511 below.

SPECIAL TENNESSEE RULE OF EVIDENCE: RULE 412

This rule governs the admissibility of evidence of a sex crime victim's sexual history in
cases involving the sex crimes specified in the first sentence of the rule. It replaces the
current rape-shield statute, T.C.A. § 40-17-119, and is to be applied in lieu of
Tennessee Rule of Evidence 404(a)(2) (character of crime victim) for the specified sex
crimes. Like T.C.A. § 40-17-119 and Federal Rule of Evidence 412, this rule strikes a
balance between the paramount interests of the accused in a fair trial and the important
interests of the sexual assault victim in avoiding an unnecessary, degrading, and
embarrassing invasion of sexual privacy. Rule 412 recognizes the important interests of
all involved--the victim, the public, and the criminal accused--and provides standards
and procedures to assist courts in determining when such evidence is admissible.

It specifically recognizes that, despite the embarrassing nature of the proof, sometimes
the accused can only have a fair trial if permitted to introduce evidence of the alleged
victim's sexual history. On the other hand, the rule also takes into account that the
public's interest in prosecuting and convicting people guilty of various sexual offenses
is frustrated when sexual assault victims refuse to report the offenses or to testify about
them at trial because of the possible admission of evidence of their sexual history.

Moreover, the rule seeks to minimize the likelihood that evidence of the alleged victim's
sexual history may cause the jury to be unfairly prejudiced against the victim.

RULE 412. SEX OFFENSE CASES; RELEVANCE OF VICTIM'S SEXUAL BEHAVIOR

Notwithstanding any other provision of law, in a criminal trial, preliminary hearing,
deposition, or other proceeding in which a person is accused of an offense under
T.C.A. §§ 39-13-502 [aggravated rape], 39-13-503 [rape], 39- 13-504 [aggravated
sexual battery], 39-13-505 [sexual battery], 39-13-507 [spousal sexual offenses], T.C.A.
§ 39-13-522 [rape of a child], T.C.A. § 39-15-302 [incest], T.C.A. § 39-13-506
[statutory rape], T.C.A. § 39-13- 527 [sexual battery by an authority figure], T.C.A. §
39-13-528 [solicitation of minors for sexual acts], or the attempt to commit any such
offense, the following rules apply:
(a) Definition of Sexual Behavior. In this rule "sexual behavior" means sexual activity of
the alleged victim other than the sexual act at issue in the case.
(b) Reputation or Opinion. Reputation or opinion evidence of the sexual behavior of an
alleged victim of such offense is inadmissible unless admitted in accordance with the
procedures in subdivision (d) of this rule and required by the Tennessee or United
States Constitution.
(c) Specific Instances of Conduct. Evidence of specific instances of a victim's sexual
behavior is inadmissible unless admitted in accordance with the procedures in
subdivision (d) of this rule, and the evidence is:
(1) Required by the Tennessee or United States Constitution, or
(2) Offered by the defendant on the issue of credibility of the victim, provided the
prosecutor or victim has presented evidence as to the victim's sexual behavior, and
only to the extent needed to rebut the specific evidence presented by the prosecutor or
victim, or
(3) If the sexual behavior was with the accused, on the issue of consent, or
(4) If the sexual behavior was with persons other than the accused,
(i) to rebut or explain scientific or medical evidence, or
(ii) to prove or explain the source of semen, injury, disease, or knowledge of sexual
matters, or
(iii) to prove consent if the evidence is of a pattern of sexual behavior so distinctive and
so closely resembling the accused's version of the alleged encounter with the victim
that it tends to prove that the victim consented to the act charged or behaved in such a
manner as to lead the defendant reasonably to believe that the victim consented.
(d) Procedures. If a person accused of an offense covered by this Rule intends to offer
under subdivision (b) reputation or opinion evidence or under subdivision (c) specific
instances of conduct of the victim, the following procedures apply:
(1) The person must file a written motion to offer such evidence.
(i) The motion shall be filed no later than ten days before the date on which the trial is
scheduled to begin, except the court may allow the motion to be made at a later date,
including during trial, if the court determines either that the evidence is newly
discovered and could not have been obtained earlier through the exercise of due
diligence or that the issue to which such evidence relates has newly arisen in the case.
(ii) The motion shall be served on all parties, the prosecuting attorney, and the victim;
service on the victim shall be made through the prosecuting attorney's office.
(iii) The motion shall be accompanied by a written offer of proof, describing the specific
evidence and the purpose for introducing it.
(2) When a motion required by subdivision (d)(1) is filed and found by the court to
comply with the requirements of this rule, the court shall hold a hearing in chambers or
otherwise out of the hearing of the public and the jury to determine whether evidence
described in the motion is admissible. The hearing shall be on the record, but the
record shall be sealed except for the limited purposes of facilitating appellate review,
assisting the court or parties in their preparation of the case, and to impeach under
subdivision (d)(3)(iii).
(3) At this hearing
(i) The victim may attend in person,
(ii) The parties may call witnesses, including the alleged victim, and offer relevant
evidence, and
(iii) The accused may testify but the testimony during this hearing may not be used
against the accused in the preliminary hearing, trial, or other proceeding, except that
such testimony may be admissible to impeach the credibility of the defendant if the
defendant elects to testify at the preliminary hearing, trial, or other proceeding.
(4) If the court determines that the evidence which the accused seeks to offer satisfies
subdivisions (b) or (c) and that the probative value of the evidence outweighs its unfair
prejudice to the victim, the evidence shall be admissible in the proceeding to the extent
an order made by the court specifies the evidence which may be offered and areas with
respect to which the alleged victim may be examined or cross-examined.

TENN. CODE ANN. § 39-13-511. Indecent exposure

(a)(1)(A) A person commits the offense of public indecency who, in a public place,
as defined in subdivision (a)(2)(B), knowingly or intentionally:

(i) Engages in sexual intercourse, masturbation, sodomy, bestiality, oral
copulation, flagellation, excretory functions or other ultimate sex acts;
(ii) Appears in a state of nudity; or
(iii) Fondles the genitals of such person, or another person.
(B) A person does not violate this subdivision (a)(1) if such person makes
intentional and reasonable attempts to conceal such person from public view while
performing an excretory function, and such person performs such function in an
unincorporated area of the state.

(2) As used in subdivision (a)(1):

(A) "Nudity" or "state of nudity" means the showing of the bare human male or
female genitals or pubic area with less than a fully opaque covering, the showing
of the female breast with less than a fully opaque covering of the areola, or the
showing of the covered male genitals in a discernibly turgid state. "Nudity" or "state
of nudity" does not include a mother in the act of nursing the mother's baby; and
(B) "Public place" means any location frequented by the public, or where the public
is present or likely to be present, or where a person may reasonably be expected
to be observed by members of the public. "Public places" includes, but is not
limited to, streets, sidewalks, parks, beaches, business and commercial
establishments (whether for profit or not-for-profit and whether open to the public
at large or where entrance is limited by a cover charge or membership
requirement), bottle clubs, hotels, motels, restaurants, night clubs, country clubs,
cabarets and meeting facilities utilized by any religious, social, fraternal or similar
organizations. Premises used solely as a private residence, whether permanent or
temporary in nature, are not deemed to be a public place. "Public places" does not
include enclosed single sex public restrooms, enclosed single sex functional
showers, locker and/or dressing room facilities, enclosed motel rooms and hotel
rooms designed and intended for sleeping accommodations, doctors' offices,
portions of hospitals and similar places in which nudity or exposure is necessarily
and customarily expected outside of the home and the sphere of privacy
constitutionally protected therein; nor does it include a person appearing in a state
of nudity in a modeling class operated by a proprietary school, licensed by the
state of Tennessee, a college, junior college, or university supported entirely or
partly by taxation, or a private college or university where such private college or
university maintains and operates educational programs in which credits are
transferable to a college, junior college, or university supported entirely or partly
by taxation or an accredited private college. "Public place" does not include a
private facility which has been formed as a family-oriented clothing optional facility,
properly licensed by the state.

(3) Public indecency is punishable as follows:

(A) A first or second offense is a Class B misdemeanor punishable only by a fine of
five hundred dollars ($500); and
(B) A third or subsequent offense is a Class A misdemeanor punishable by a fine
of one thousand five hundred dollars ($1,500) or confinement for not more than
eleven (11) months and twenty-nine (29) days, or both.

(4)(A) If a person is arrested for public indecency while working as an employee or
a contractor, the employer or principal may be held liable for a fine imposed by this
subsection (a).

(B) The employer may not be held liable under this section unless it is shown the
employer knew or should have known the acts of the employee or contractor were
in violation of this statute.

(5) The provisions of this subsection (a) do not apply to any theatrical production
which contains nudity as defined by this section performed in a theater by a
professional or amateur theatrical or musical company which has serious artistic
merit; provided, that such production is not in violation of chapter 17, part 9 of this
title.

(6) This subsection (a) shall not affect in any fashion the ability of local
jurisdictions or the state of Tennessee to regulate any activity where alcoholic
beverages, including malt beverages, are sold for consumption.

(b)(1) A person commits the offense of indecent exposure who:

(A) In a public place, as defined in § 39-11-106, or on the private premises of
another, or so near thereto as to be seen from such private premises:
(i) Intentionally:
(a) Exposes such person's genitals or buttocks to another; or
(b) Engages in sexual contact or sexual penetration as defined in § 39-13- 501;
and
(ii) Reasonably expects that the acts will be viewed by another and such acts:
(a) Will offend an ordinary viewer; or
(b) Are for the purpose of sexual arousal and gratification of the defendant; or
(B) Knowingly invites, entices or fraudulently induces the child of another into such
person's residence for the purpose of attaining sexual arousal or gratification by
intentionally engaging in the following conduct in the presence of such child:
(i) Exposure of such person's genitals, buttocks or female breasts; or
(ii) Masturbation.

For the provisions of this subdivision (b)(1)(B) to apply, the defendant must be
eighteen (18) years of age or older and the child victim must be less than thirteen
(13) years of age.

(2) "Indecent exposure," as defined in subdivision (b)(1), is a Class B
misdemeanor, unless the defendant is eighteen (18) years of age or older and the
victim is under thirteen (13) years of age, in which event indecent exposure is a
Class A misdemeanor. Additionally, "indecent exposure," as defined in subdivision
(b)(1), is a Class E felony when the defendant is eighteen (18) years of age or
older, the victim is under thirteen (13) years of age, and the defendant has any
combination of two (2) or more prior convictions under this section.