Age of Consent Questions for Tennessee

Q&A on statutory rape laws, age of consent laws, sexual assault laws for Tennessee. Ask your Question

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what law do we go by?

:: July 27, 2008 22:25

im 19 i live in Alabama my girlfriend is 17 and she lives in tennesee so what concent age do we go by? the tennesee 4 year apart as long as shes not 13 or under? or the 16 consent age in alabama?

The law of the state you are physically located in at the time of the sexual intercourse, is the law that presides. If you are in Tennessee, the laws in Tennessee have jurisdiction. If you are in Alabama, the laws in Alabama have jurisdiction. If you are crossing state lines to have sexual intercourse with a minor, or a minor is being transported or aided to be transported across state lines without a parents consent for the purpose of sexual intercourse with an adult, there may be a federal violation in which case federal law would take jurisdiction initially, and there is potential that state laws would also be enforced after rulings on the federal violations.

who can press charges, mom, brother or stranger?

:: April 18, 2008 18:23

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.]

Statutory Rape, Statute of Limitations?

:: August 09, 2007 19:08

Two years ago this month (at the age of 15), I was involved in a situation where I had told the 19 year old I was with that I wanted to leave his friends house and go home. He saw where my mom had told me that I didn't have to be home for another hour. He pulled the car over and proceeded to get me into the back seat. I told him "no" multiple times, and gave up. I never "consented" to having sex with him.. and blocked it all out of my mind until someone asked me about it at school. I'm not sure if there is anythng that can be done about this, even though I've just now fully realized what happened and what I could do about it. I'm not sure if that's really classified as rape, but it should at least be statutory rape. I need some advice about the statute of limitations, and the degree of the problem.

What you describe in your question is not statutory rape but forcible rape. This should be reported to authorities as soon as possible even though it happened a long time ago. If you would like to speak to a sexual assault counselor about this please call 1 800-656-HOPE it’s free, confidential and available 24/7 or visit them on the web at www.rainn.org Only a district attorney could determine what legal limitations, if any, might apply to your situation.

Criminal Prosecutions Citation: Ann. Code §§ 40-2-101; 40-2-102
The statute of limitations for certain offenses against a child on or after July 1st, 1997, extends until the child’s 21st birthday. The offenses included are:
  • Aggravated rape
  • Rape
  • Aggravated sexual battery
  • Sexual battery
  • Rape of a child
  • Incest
Generally, the following statutes of limitations apply:
  • For class A felonies, it is a period within 15 years after commission of the offense.
  • For a class B felony, it is a period within 8 years after commission of the offense.
  • For a class C or class D felony, it is a period within 4 years after commission of the offense.
  • For a class E felony, it is a period within 2 years after commission of the offense.
  • For a misdemeanor, it is a period within 12 months after commission of the offense.
Civil Actions Citation: Ann. Code § 28-1-106
The statute of limitations will not begin for a minor entitled to file a claim until he or she reaches 18 years of age, and it will run for a period within the applicable limitations period for the particular cause of action, unless it exceeds 3 years, and in that case for a period within 3 years from the removal of such disability.

Age difference or not?

:: July 25, 2007 12:00

what can the age difference be like 4 yrs or 2yrs. and if your 17 and had sex with a 19 yr old is that statutory rape

If a person is 18 years of age or older and solicits a minor for the purpose of sexual gratification, this is a violation of state law and depending on the sitation could be classed as a Class E felony or a Class A misdemeanor. §39-13-528 Solicitation of a minor - in this law there is no stipulation about age difference. If you are over 18 and solicit a minor under 18 it is a violation of the law. §39-13-506 Statutory Rape - there are stipulations as to "age" within the law. Please see previous post titled Tennessee age of consent 19 and 15 to view the current laws.

Oral sex with a teen

:: July 24, 2007 23:49

Can oral sex between a 17 & 30 year old get the 30 year old put in jail?

Yes, according to the law in Tennessee, this would be considered "Aggravated Statutory Rape" a Class D felony. Definitions: The word cunnilingus, is defined as oral sex and is included in the definition of the term "Sexual Penetration" within the law.

39-13-501. Definitions.
(7) “Sexual penetration” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of the victim's, the defendant's, or any other person's body, but emission of semen is not required;
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. 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 (2) The victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is more than five (5) 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.]

WHAT OFFENSE IS STATUTORY RAPE?

:: July 24, 2007 23:36

Hello my step son was convicted of statutory rape in South Dakota, but now has moved to Tennessee. So I am trying to find out if statutory rape is a felony?

In Tennessee, Statutory Rape is a felony Class E or D. In South Dakota, these violations can be felony or misdemeanor depending on the law that was violated and the circumstances of the violation. South Dakota does not have a law titled "Statutory Rape" but has the equivalent laws under different names. There is no way for us to determine what he may have been charged for without more details.

Sex offender registry

:: July 11, 2007 13:40

Can someone be registered with the sexual offender registry only if charged with statutory rape or must there be a guilty verdict in a trial or plea bargain?

You must be "convicted" of a sex offense defined under TCA 40-39-202. Statutory Rape is listed as one of the offenses required to register; however, registration is only required under specific circimstances; meaning, not all statutory rape convictions would qualify as being "required" to register. This section of the law is very long. Below is a few cuts from the actual law that covers Statutory Rape specifically.

40-39-202. Part definitions.
A “sexual offender” is any person who has been convicted in this state of committing a sexual offense as defined by T.C.A. 40-39-202 (17); or has another qualifying conviction as defined by T.C.A. 40-39-202 (2). (17) “Sexual offense” means: (A) The commission of any act that, on or after November 1, 1989, constitutes the criminal offense of: (i) Sexual battery, under § 39-13-505; (ii) Statutory rape, under § 39-13-506, if the defendant was an authority figure, as defined in § 39-13-527 (a)(3)(A) and (B), to the victim, or if the defendant has at least one (1) prior conviction for mitigated statutory rape under § 39-13-506(a), statutory rape under § 39-13-506(b), or aggravated statutory rape under § 39-13-506(c);
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 (4)four 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 (5)five 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.]
39-13-527. Sexual battery by an authority figure.
(a) Sexual battery by an authority figure is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by the following circumstances: (1) The victim was, at the time of the offense, thirteen (13) years of age or older but less then eighteen (18) years of age; or (2) The victim was, at the time of the offense, mentally defective, mentally incapacitated or physically helpless, regardless of age; and, (3) (A) The defendant was at the time of the offense in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional or occupational status and used the position of trust or power to accomplish the sexual contact; or (B) The defendant had, at the time of the offense, parental or custodial authority over the victim and used the authority to accomplish the sexual contact. (b) Sexual battery by an authority figure is a Class C felony. [Acts 1997, ch. 256, § 1; 1998, ch. 1034, § 1; 2005, ch. 478, § 1; 2006, ch. 897, § 1.]

Tennessee age of consent 19 and 15

:: May 29, 2007 02:57

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
found out by either pregnancy or some other source could that put me in trouble with the law? Does it help any that there will be times when
we are only 3 years apart?

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: 1. Mitigated Statutory Rape is a Class E Felony 2. Statutory Rape is a Class E Felony 3. Agravated Statutory Rape is a Class D Felony 4. Solicitation of a Minor has a range of classes from A-E Felonies Tennessee Law Title 39 Criminal Offenses Part 5 Sexual Offenses Chapter 13 Offenses Against Person

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 2. The victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is more than five (5) 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. [Acts 1989, ch. 591, § 1; 1990, ch. 980, § 4; 1994, ch. 719, § 1; 2005, ch. 487, § 4; 2006, ch. 890, § 5.] Tennessee Law Title 39 Criminal Offenses Part 5 Sexual Offenses Chapter 13 Offenses Against Person
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; (2) Aggravated rape, pursuant to § 39-13-502; (3) Rape, pursuant to § 39-13-503; (4) Aggravated sexual battery, pursuant to § 39-13-504; (5) Sexual battery by an authority figure, pursuant to § 39-13-527; (6) Sexual battery, pursuant to § 39-13-505; (7) Statutory rape, pursuant to § 39-13-506; (8) Especially aggravated sexual exploitation of a minor, pursuant to § 39-17-1005; or (9) Sexual activity involving a minor, pursuant to § 39-13-529. (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.]

I want to have sex with him

:: May 28, 2007 14:10

The legal age in Tennessee is 18 but you're 17 and you're guy is 29 will the law make any exceptions due to the fact that your only a couple of months away from being 18?

We couldn't speak for Tennessee prosecuting attorneys or guess what they might do in a situation like this. Under the current laws, the 29 year old could be charged with a felony.

Tennessee Statutory Rape?

:: April 30, 2007 21:03

How many years apart is considered statutory rape?

The age at which a person is legally capable of consenting to have sexual intercourse in Tennessee is 18. Within the sexual offense laws, there is reference to "3 years being" being the maximum age span to use as an affirmative defense. four of the main sexual offense/statutory rape laws for Tennessee are listed below 39-13-522. Rape of a child (a) 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 more than three (3) years of age but less than thirteen (13) years of age. (b) Rape of a child is a Class A felony. [Acts 1992, ch. 878, § 1; 1997, ch. 406, § 2; 2005, ch. 353, § 14; 2006, ch. 890, § 22.] 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. [Acts 2006, ch. 890, § 23.] 39-13-532. Statutory rape by an authority figure (a) Statutory rape by an authority figure 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 eighteen (18) years of age; (2) The defendant is at least four (4) years older than the victim; and (3) The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the sexual penetration; or (4) The defendant had, at the time of the offense, parental or custodial authority over the victim and used the authority to accomplish the sexual penetration. (b) Statutory rape by an authority figure is a Class C felony and no person who is found guilty of or pleads guilty to the offense shall be eligible for probation pursuant to § 40-35-303 or judicial diversion pursuant to § 40-35-313. [Acts 2006, ch. 973, § 1.] 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; (2) Aggravated rape, pursuant to § 39-13-502; (3) Rape, pursuant to § 39-13-503; (4) Aggravated sexual battery, pursuant to § 39-13-504; (5) Sexual battery by an authority figure, pursuant to § 39-13-527; (6) Sexual battery, pursuant to § 39-13-505; (7) Statutory rape, pursuant to § 39-13-506; (8) Especially aggravated sexual exploitation of a minor, pursuant to § 39-17-1005; or (9) Sexual activity involving a minor, pursuant to § 39-13-529. (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.

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