Tuesday December 10, 2013
Tennessee age of consent 19 and 15
I'm 19 and my girlfriend is 15. We really love each other and are wanting to have sex but arent sure about the legal aspects of it. If her parents
In the state of Tennessee the statutory age of sexual consent is 18. This means, anyone under the age of 18 is legally not capable of consenting to have sexual intercourse making it a violation of the law. There are a few laws that could apply in your situation, two are below. As for the age difference, generally would be determined by counting the number of months between your birth date and her birth date. The age difference may change the class of crime, but does not change the age of consent rule.
There are three classes of statutory rape and also laws for solicitation of a minor:
39-13-506 Statutory Rape:
(a) Mitigated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim when the victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is at least four (4) but not more than five (5) years older than the victim.
(b) Statutory rape is the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when:
1. The victim is at least thirteen (13) but less than fifteen (15) years of age and the defendant is at least four (4) years older than the victim; or
(c) Aggravated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim when the victim is at least thirteen (13) but less than eighteen (18) years of age and the defendant is at least ten (10) years older than the victim.
[Acts 1989, ch. 591, § 1; 1990, ch. 980, § 4; 1994, ch. 719, § 1; 2005, ch. 487, § 4; 2006, ch. 890, § 5.]
39-13-528 Offense of solicitation of a minor:
(a) It is an offense for a person eighteen (18) years of age or older, by means of oral, written or electronic communication, electronic mail or Internet services, directly or through another, to intentionally command, request, hire, persuade, invite or attempt to induce a person whom the person making the solicitation knows, or should know, is less than eighteen (18) years of age, or solicits a law enforcement officer posing as a minor, and whom the person making the solicitation reasonably believes to be less than eighteen (18) years of age, to engage in conduct that, if completed, would constitute a violation by the soliciting adult of one (1) or more of the following offenses:
(1) Rape of a child, pursuant to § 39-13-522;
(b) It is no defense that the solicitation was unsuccessful, that the conduct solicited was not engaged in, or that the law enforcement officer could not engage in the solicited offense. It is no defense that the minor solicited was unaware of the criminal nature of the conduct solicited.
(c) A violation of this section shall constitute an offense one (1) classification lower than the most serious crime solicited, unless the offense solicited was a Class E felony, in which case the offense shall be a Class A misdemeanor.
(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 solicited the conduct of a minor located in this state, or solicited a law enforcement officer posing as a minor located within this state.
[Acts 1998, ch. 1007, § 1; 2000, ch. 944, § 1; 2005, ch. 496, § 5.]