I am a 19 year old girl about to be 20 in July. My boyfriend is 14 about to be 15 in May. His mom is fine with us dating, just not having sex.. Who has the right to take legal action?

The District Attorney (AKA prosecuting attorney) of the State of Tennessee has the right (actually the sworn duty) to take criminal legal action against anyone who violates state laws if there is reasonable evidence to support bringing a case before the court.

Anyone can file a complaint, or report with law enforcement. There are certain professionals (teachers, medical professionals, etc...) who are required by law to file a report if they have reasonable suspicion that a crime is being committed against a minor.

Ultimately, a report must first be filed with law enforcement. Law enforcement or the District Attorney decide to investigate the complaint or not; based on the information from an investigation, the District Attorney makes the decision to either press charges and pursue the criminal case or not.

Tennessee State Law 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 but less than ten (10) years older than the victim; or

(2) The victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is more than five (5) but less than ten (10) years older than the victim.

(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.

(d) (1) Mitigated statutory rape is a Class E felony.

(2) Statutory rape is a Class E felony.

(3) Aggravated statutory rape is a Class D felony.

Acts 1989, ch. 591, § 1; 1990, ch. 980, § 4; 1994, ch. 719, § 1; 2005, ch. 487, § 4; 2006, ch. 890, § 5; 2007, ch. 594, § 7.]