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 13 but less than 18 years of age and the defendant is at least 10 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 13 but less than 15 years of age and the defendant is at least four years but less than ten years older than the victim or 2) the victim is at least 15 but less than 18 and the defendant is more than five but less than ten years older than the victim. 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 15 but less than 18 years of age and the defendant is at least four but not more than five years older than the victim.
The ages of the victim and defendant will determine the classification. “Unlawful sexual penetration” can mean many different types of sexual activity. They all require the act of unlawful sexual penetration where the victim is less than 18 years old and the defendant is at least four years older. There are actually three types of statutory rape in Tennessee: mitigated statutory rape, statutory rape, and aggravated statutory rape. It is a complex offense that contains numerous elements and criminalizes many different activities, and the penalties can be harsh.
#AGE OF CONSENT IN TENNESSEE CODE#
Tennessee’s statutory rape law is found in Title 39, Chapter 13, Part 5 of the Tennessee Code Annotated.
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