reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 39-13-512 - Prostitution - Definitions

As used in §§
39-13-512
- 39-13-515, unless the context otherwise requires:
(1)
"House of prostitution" means any place where prostitution or the promotion of prostitution is regularly carried on by one (1) or more persons under the control, management or supervision of another;
(2)
"Inmate" means, within the meaning of this part concerning prostitution, a person who engages in prostitution in or through the agency of a house of prostitution;
(3)
"Patronizing prostitution" means soliciting or hiring another person with the intent that the other person engage in prostitution, or entering or remaining in a house of prostitution for the purpose of engaging in sexual activity;
(4)
(A)
"Promoting prostitution" means:
(i)
Owning, controlling, managing, supervising, or in any way keeping, alone or in association with others, a business for the purpose of engaging in prostitution, or a house of prostitution;
(ii)
Procuring an inmate for a house of prostitution;
(iii)
Encouraging, inducing, or otherwise purposely causing another to become a prostitute;
(iv)
Soliciting a person to patronize a prostitute;
(v)
Procuring a prostitute for a patron; or
(vi)
Soliciting, receiving, or agreeing to receive any benefit for engaging in any of the activities defined in subdivisions (4)(A)(i)-(v); and
(B)
"Promoting prostitution" does not include a person who solicits, procures, induces, encourages, or attempts to cause another to patronize a prostitute if:
(i)
The person promoting the prostitute and the prostitute being promoted are the same person; and
(ii)
The intent of the promotion is the solicitation of business for only the prostitute engaging in the promotion;
(5)
"Promoting prostitution of a minor" means engaging in any of the activities described in subdivision (4) when one (1) or more of the persons engaged in prostitution is less than eighteen (18) years of age or has an intellectual disability;
(6)
"Prostitution" means engaging in, or offering to engage in, sexual activity as a business or being an inmate in a house of prostitution or loitering in a public place for the purpose of being hired to engage in sexual activity; and
(7)
"Sexual activity" means any sexual relations including homosexual sexual relations.
Amended by 2016 Tenn. Acts, ch. 979, s 1, eff. 7/1/2016.
Acts 1989, ch. 591, § 1; 1995, ch. 296, § 1; 2011 , ch. 377, § 3.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 39-13-513 - Prostitution - Defenses

(a)
A person commits an offense under this section who engages in prostitution.
(b)
(1)
Prostitution is a Class B misdemeanor.
(2)
Prostitution committed within one hundred feet (100') of a church or within one and one-half (11/2) miles of a school, such distance being that established by §
49-6-2101
, for state-funded school transportation, is a Class A misdemeanor.
(3)
A person convicted of prostitution within one and one-half (11/2) miles of a school shall, in addition to any other authorized punishment, be sentenced to at least seven (7) days of incarceration and be fined at least one thousand dollars ($1,000).
(c)
As used in subsection (b), "school" means all public and private schools that conduct classes in any grade from kindergarten through grade twelve (K-12).
(d)
Notwithstanding any provision of this section to the contrary, if it is determined after a reasonable detention for investigative purposes, that a person suspected of or charged with a violation of this section is under eighteen (18) years of age, that person is immune from prosecution for prostitution as a juvenile or adult. A law enforcement officer who takes a person under eighteen (18) years of age into custody for a suspected violation of this section shall, upon determination that the person is a minor, provide the minor with the telephone number for the Tennessee human trafficking resource center hotline, notify the department of children's services, and release the minor to the custody of a parent or legal guardian or transport the minor to a shelter care facility designated by the juvenile court judge to facilitate the release of the minor to the custody of a parent or legal guardian.
(e)
It is a defense to prosecution under this section that a person charged with a violation of this section was so charged for conduct that occurred because the person was a victim of an act committed in violation of §
39-13-307
or §
39-13-309
, or because the person was a victim as defined under the Trafficking Victims Protection Act (
22 U.S.C. § 7102
).
Amended by 2021 Tenn. Acts, ch. 246, s 1, eff. 7/1/2021.
Amended by 2015 Tenn. Acts, ch. 67, s 1, eff. 7/1/2015.
Acts 1989, ch. 591, § 1; 1995, ch. 118, § 1; 2011 , ch. 377, § 1; 2012 , ch. 891, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 39-13-514 - Patronizing prostitution - Unacceptable defenses

(a)
A person commits an offense under this section:
(1)
Who patronizes prostitution; or
(2)
When a person patronizes prostitution where the subject of the offense is a law enforcement officer or a law enforcement officer eighteen (18) years of age or older posing as a minor.
(b)
(1)
Patronizing prostitution is a Class A misdemeanor.
(2)
Patronizing prostitution within one and one-half (1.5) miles of a school shall, in addition to any other authorized punishment, be punished by no less than seven (7) days of incarceration and by a fine of not less than one thousand dollars ($1,000).
(3)
(A)
Patronizing prostitution from a person who is younger than eighteen (18) years of age, has an intellectual disability, or is a law enforcement officer posing as a minor is punishable as trafficking for commercial sex acts under §
39-13-309
.
(B)
Nothing in this subdivision (b)(3) shall be construed as prohibiting prosecution under any other applicable law.
(c)
As used in subsection (b), "school" means all public and private schools that conduct classes in any grade from kindergarten through grade twelve (K-12).
(d)
It is not a defense to a violation of this section that:
(1)
The subject of the offense is a law enforcement officer;
(2)
The victim of the offense is a minor and consented to the offense; or
(3)
The solicitation was unsuccessful, the conduct solicited was not engaged in, or the law enforcement officer could not engage in the solicited offense.
Amended by 2022 Tenn. Acts, ch. 1115, s 23, eff. 7/1/2022.
Amended by 2019 Tenn. Acts, ch. 123, s 4, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 123, s 3, eff. 7/1/2019.
Amended by 2017 Tenn. Acts, ch. 169, s 1, eff. 4/24/2017.
Amended by 2014 Tenn. Acts, ch. 957,s 2, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 957,s 1, eff. 7/1/2014.
Acts 1989, ch. 591, § 1; 1995, ch. 118, § 2; 2011 , ch. 377, § 2.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 39-13-515 - Promoting prostitution - Unacceptable defenses

(a)
A person commits an offense under this section:
(1)
Who promotes prostitution; or
(2)
Who promotes prostitution where the subject of the offense is a law enforcement officer or is a law enforcement officer eighteen (18) years of age or older posing as a minor.
(b)
Except as provided in subsection (c), promoting prostitution is a Class E felony.
(c)
Promoting prostitution of a person more than twelve (12) years of age but less than eighteen (18) years of age or a person with an intellectual disability as defined in §
33-1-101
is a Class A felony.
(d)
It is not a defense to a violation of this section that:
(1)
The subject of the offense is a law enforcement officer;
(2)
The victim of the offense is a minor and consented to the offense; or
(3)
The solicitation was unsuccessful, the conduct solicited was not engaged in, or a law enforcement officer could not engage in the solicited offense.
Acts 1989, ch. 591, § 1; 2011, ch. 377, § 4; 2013, ch. 485, § 1; 2014, ch. 646, § 1; 2018, ch. 1019, § 1; 2019, ch. 123, §§ 5, 6; 2022, ch. 1089, § 6; 2022, ch. 1115, § 22.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 39-13-516 - Aggravated prostitution

(a)
A person commits aggravated prostitution when, knowing that such person is infected with HIV, the person engages in sexual activity as a business or is an inmate in a house of prostitution or loiters in a public place for the purpose of being hired to engage in sexual activity.
(b)
For the purposes of this section, "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome.
(c)
Nothing in this section shall be construed to require that an infection with HIV has occurred in order for a person to have committed aggravated prostitution.
(d)
Aggravated prostitution is a Class C felony.
Acts 1991, ch. 281, § 2.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 39-13-520 - Creation of model policy for handling, maintenance and testing of sexual assault evidence kits and hold kits

(a)
To provide for the implementation and efficient operation of §
39-13-519
and to ensure a uniform policy for the handling, maintenance, and testing of sexual assault evidence kits and hold kits, the domestic violence state coordinating council shall create a model policy for law enforcement agencies responding to reports of sexually oriented crimes.
(b)
The model policy shall include guidelines for officers on:
(1)
Investigating reports of sexually oriented crimes;
(2)
Providing victim assistance;
(3)
Collaborating with victim advocates, healthcare providers, and victim service agencies; and
(4)
Collecting, storing, and submitting sexual assault evidence kits to the state crime lab or similar qualified laboratory for either serology or deoxyribonucleic acid (DNA) testing.
(c)
The model policy shall be distributed to all law enforcement agencies that are likely to encounter reports of sexually oriented crimes on or before January 1, 2016.
(d)
All law enforcement agencies that are likely to encounter reports of sexually oriented crimes shall establish written policies and procedures on responding to reports of sexually oriented crimes. An agency may adopt the model policy developed by the domestic violence state coordinating council or an agency may adopt its own policy; provided, that the policy includes the same or higher standards as the model policy developed by the council. Each agency shall adopt its written policy on or before July 1, 2016.
Added by 2015 Tenn. Acts, ch. 253,s 2, eff. 4/24/2015.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 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 eight (8) years of age but less than thirteen (13) years of age.
(b)
Rape of a child is a Class A felony and shall be punished as follows:
(1)
If the defendant was a juvenile at the time of the offense, then the defendant shall be punished as a Range II offender; however the sentence imposed may, if appropriate, be within Range III, but in no case shall it be lower than Range II; and
(2)
If the defendant was an adult at the time of the offense, then the sentence must be:
(A)
Death;
(B)
Imprisonment for life without possibility of parole; or
(C)
Imprisonment for life.
Amended by 2024 Tenn. Acts, ch. 951,s 1, eff. 7/1/2024.
Amended by 2020 Tenn. Acts, ch. 588, s 2, eff. 7/1/2020.
Acts 1992, ch. 878, § 1; 1997 , ch. 406, § 2; 2005, ch. 353, § 14; 2006, ch. 890, § 22; 2007 , ch. 501, § 1; 2011 , ch. 306, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 39-13-524 - Sentence of community supervision for life

(a)
In addition to the punishment authorized by the specific statute prohibiting the conduct, a person shall receive a sentence of community supervision for life who, on or after:
(1)
July 1, 1996, commits a violation of §
39-13-502
, §
39-13-503
, §
39-13-504
, or §
39-13-522
;
(2)
July 1, 2010, commits a violation of §
39-13-531
;
(3)
The applicable date as provided in subdivision (a)(1) or (a)(2) attempts to commit a violation of any of the sections enumerated in subdivision (a)(1) or (a)(2);
(4)
July 1, 2021, facilitates the commission of a violation of §
39-13-522
or §
39-13-531
; or
(5)
July 1, 2022, commits a violation of §
39-13-316(a)(3), (a)(4), or (a)(5)
.
(6)
July 1, 2024, commits a violation of §
39-13-518
.
(b)
The judgment of conviction for all persons to whom subsection (a) applies shall include that the person is sentenced to community supervision for life.
(c)
The sentence of community supervision for life shall commence immediately upon the expiration of the term of imprisonment imposed upon the person by the court or upon the person's release from regular parole supervision, whichever first occurs.
(d)
(1)
A person on community supervision shall be under the jurisdiction, supervision and control of the department of correction in the same manner as a person under parole supervision. The department is authorized on an individual basis to establish such conditions of community supervision as are necessary to protect the public from the person's committing a new sex offense, as well as promoting the rehabilitation of the person.
(2)
The department is authorized to impose and enforce a supervision and rehabilitation fee upon a person on community supervision similar to the fee imposed by §
40-28-201
. To the extent possible, the department shall set the fee in an amount that will substantially defray the cost of the community supervision program. The department shall also establish a fee waiver procedure for hardship cases and indigency.
Amended by 2024 Tenn. Acts, ch. 525,s 1, eff. 7/1/2024, app. to offenses committed on or after 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1089, s 7, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 525, s 1, eff. 7/1/2021.
Acts 1996, ch. 972, § 1; 1998, ch. 1049, § 11; 2010 , ch. 646, § 1; 2012 , ch. 727, § 5.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 39-13-525 - Release from community supervision

(a)
After a person sentenced to community supervision pursuant to §
39-13-524
has been on supervision for a period of fifteen (15) years, the person may petition the sentencing court for release from community supervision.
(b)
Upon receiving a petition, the court shall, at least thirty (30) days prior to a hearing on the petition, cause the office of the district attorney general responsible for prosecuting the person to be notified of the person's petition for release from supervision. Upon being notified, the district attorney general shall conduct a criminal history check on the person to determine if the person has been convicted of a criminal offense during the period of community supervision. The district attorney general shall report the results of the criminal history check to the court, together with any other comments the district attorney general may have concerning the person's petition for release. The district attorney general may also appear and testify at the hearing, in lieu of, or in addition to, submitting written comments.
(c)
Between the date the petition is filed with the court and the date established by the court for a hearing on the petition, if the person is entitled to a hearing, the person shall be examined and evaluated by a psychiatrist or licensed psychologist with health service designation approved by the board. The cost of the examination and evaluation shall be the sole responsibility of the person petitioning for release from supervision. No hearing on the petition may be conducted until the person has been examined and evaluated in accordance with this subsection (c).
(d)
(1)
If the report of the district attorney general indicates that the petitioner has been convicted of a criminal offense while under community supervision, the court shall deny the petition without conducting a hearing.
(2)
If the report of the district attorney general indicates that the petitioner has not been convicted of a criminal offense while under community supervision, the court shall conduct a hearing on the petition. At the hearing, the court shall call such witnesses, including the examining psychiatrist or licensed psychologist with health service designation or the prosecuting district attorney general, as the court deems necessary to reach an informed and just decision on whether the petitioner should be released from community supervision. The petitioner may offer such witnesses and other proof at the hearing as is relevant to the petition.
(3)
If a petition for release from supervision is denied by the court, the person may not file another such petition for a period of three (3) years.
Acts 1996, ch. 972, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 39-13-526 - Violations of community supervision - Venue for violations

(a)
It is an offense for a person to knowingly violate a condition of community supervision imposed upon the person pursuant to §
39-13-524
.
(b)
(1)
If the conduct that is a violation of a condition of community supervision does not constitute a criminal offense, the violation is a Class A misdemeanor.
(2)
If the conduct that is a violation of a condition of community supervision also constitutes a criminal offense that is classified as a misdemeanor, the violation is a Class A misdemeanor.
(3)
If the conduct that is a violation of a condition of community supervision also constitutes a criminal offense that is classified as a felony, the violation is a Class E felony.
(4)
Each violation of a condition of community supervision constitutes a separate offense.
(c)
If the violation of community supervision involves the commission of a new offense, the sentence for a violation of this section shall be served consecutive to any sentence received for commission of the new offense.
(d)
(1)
The venue for a violation of community supervision shall be in the county where the person was being supervised at the time of the violation and this venue shall include those persons placed on supervision in this state but who are being monitored in another state.
(2)
For purposes of prosecuting a violation of community supervision, the probation and parole officer assigned to the person may act as the affiant when seeking an affidavit of complaint against the person.
Acts 1996, ch. 972, § 1; 2009, ch. 115, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 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.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 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
;
(9)
Sexual activity involving a minor, pursuant to §
39-13-529
;
(10)
Trafficking for commercial sex acts, pursuant to §
39-13-309
;
(11)
Patronizing prostitution, pursuant to §
39-13-514
;
(12)
Promoting prostitution, pursuant to §
39-13-515
; or
(13)
Aggravated sexual exploitation of a minor, pursuant to §
39-17-1004
.
(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.
Amended by 2013 Tenn. Acts, ch. 436,s 1, eff. 7/1/2013.
Acts 1998, ch. 1007, § 1; 2000, ch. 944, § 1; 2005, ch. 496, § 5.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 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 eight (8) years of age or less.
(b)
Aggravated rape of a child is a Class A felony and shall be punished as follows:
(1)
If the defendant was a juvenile at the time of the offense, then the sentence must be from within Range III, as set forth in title 40, chapter 35; and
(2)
If the defendant was an adult at the time of the offense, then the sentence must be:
(A)
Death; or
(B)
Imprisonment for life without possibility of parole.
Amended by 2024 Tenn. Acts, ch. 951,s 2, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 104, s 1, eff. 7/1/2021.
Amended by 2020 Tenn. Acts, ch. 588, s 1, eff. 7/1/2020.
Amended by 2019 Tenn. Acts, ch. 211, s 1, eff. 7/1/2019.
Acts 2006, ch. 890, § 23.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 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)
(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 penetration; or
(B)
The defendant had, at the time of the offense, parental or custodial authority over the victim by virtue of the defendant's legal, professional, or occupational status and used the position to accomplish the sexual penetration.
(b)
Statutory rape by an authority figure is a Class B felony.
(c)
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.
Amended by 2016 Tenn. Acts, ch. 1086,s 1, eff. 7/1/2016.
Acts 2006, ch. 973, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 39-13-533 - Offense of promoting travel for prostitution

(a)
A person commits the offense of promoting travel for prostitution if the person sells or offers to sell travel services that the person knows to include travel for the purpose of engaging in what would be prostitution if occurring in the state.
(b)
"Travel services" means, but is not limited to, transportation by air, sea, road or rail, related ground transportation, hotel accommodations, or package tours, whether offered on a wholesale or retail basis.
(c)
Promoting travel for prostitution is a Class D felony.
(d)
Nothing in this section shall be construed to prohibit prosecution under any other law.
Added by 2013 Tenn. Acts, ch. 465,s 1, eff. 7/1/2013.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 39-13-534 - Especially aggravated rape

(a)
Especially aggravated rape is unlawful sexual penetration of a victim by the defendant or the defendant by a victim that would constitute aggravated rape under §
39-13-502
accompanied by two (2) or more of the following circumstances:
(1)
The defendant tortures the victim during the commission of the offense;
(2)
The defendant mutilates the victim during the commission of the offense;
(3)
The defendant also commits the offense of kidnapping, as defined in §
39-13-303
, or false imprisonment, as defined in §
39-13-302
, against the victim;
(4)
The defendant also commits the offense of involuntary labor servitude, as defined in §
39-13-307
, or trafficking for a commercial sex act, as defined in §
39-13-309
, against the victim;
(5)
The defendant has, at the time of the commission of the offense, more than one (1) prior conviction for a sexual offense or a violent sexual offense, as those terms are defined in §
40-39-202
;
(6)
The offense occurs during an attempt by the defendant to perpetrate first degree murder in violation of §
39-13-202
;
(7)
The defendant subjects the victim to extreme cruelty during the commission of the offense;
(8)
The defendant's commission of the offense involved more than one (1) victim; or
(9)
The defendant knows or has reason to know that the victim is:
(A)
Mentally defective;
(B)
Mentally incapacitated;
(C)
Physically helpless; or
(D)
A vulnerable adult, as defined in §
39-15-501
.
(b)
Especially aggravated rape is a Class A felony and shall be punished as follows:
(1)
If the defendant was a juvenile at the time of the commission of the offense, then the sentence must be from Range III, as set forth in title 40, chapter 35; and
(2)
If the defendant was an adult at the time of the commission of the offense, then the defendant shall be punished by imprisonment for life without possibility of parole.
(c)
A person may not be convicted of both a violation of this section and a violation of §
39-13-502
, §
39-13-535
, or §
39-13-117
if the facts supporting the prosecution arise out of the same criminal conduct.
Added by 2022 Tenn. Acts, ch. 1062, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 6 - INVASION OF PRIVACY (§§ 39-13-601 — 39-13-612) › Section 39-13-602 - Penalty for violations

A person who violates §
39-13-601(a)
commits a Class D felony.
Acts 1994, ch. 964, § 10.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 6 - INVASION OF PRIVACY (§§ 39-13-601 — 39-13-612) › Section 39-13-603 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 1045,s 3, eff. 5/28/2024.
Acts 1994, ch. 964, § 11.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 6 - INVASION OF PRIVACY (§§ 39-13-601 — 39-13-612) › Section 39-13-606 - Electronic tracking of motor vehicles

(a)
(1)
(A)
Except as provided in subsection (b), it is an offense for a person to knowingly install, conceal or otherwise place an electronic tracking device in or on a motor vehicle without the consent of all owners of the vehicle for the purpose of monitoring or following an occupant or occupants of the vehicle.
(B)
It is an offense for a person who leases a motor vehicle to knowingly install, conceal, or otherwise place an electronic tracking device in or on the motor vehicle without the consent of the lessee of the vehicle.
(2)
As used in this section:
(A)
"Lease" has the same meaning as defined in §
39-14-147
;
(B)
"Owner" includes a person who has purchased a motor vehicle using a loan; and
(C)
"Person" does not include the manufacturer of the motor vehicle.
(b)
(1)
It shall not be a violation if the installing, concealing or placing of an electronic tracking device in or on a motor vehicle is by, or at the direction of, a law enforcement officer in furtherance of a criminal investigation and is carried out in accordance with applicable state and federal law.
(2)
If the installing, concealing or placing of an electronic tracking device in or on a motor vehicle is by, or at the direction of, a parent or legal guardian who owns or leases the vehicle, and if the device is used solely for the purpose of monitoring the minor child of the parent or legal guardian when the child is an occupant of the vehicle, then the installation, concealment or placement of the device in or on the vehicle without the consent of any or all occupants in the vehicle shall not be a violation.
(3)
It shall also not be a violation of this section if the installing, concealing or placing of an electronic tracking device in or on a motor vehicle is for the purpose of tracking the location of stolen goods being transported in the vehicle or for the purpose of tracking the location of the vehicle if it is stolen.
(c)
This section shall not apply to a tracking system installed by the manufacturer of a motor vehicle.
(d)
A violation of this section is a Class A misdemeanor.
Amended by 2016 Tenn. Acts, ch. 860,s 2, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 860,s 1, eff. 7/1/2016.
Amended by 2014 Tenn. Acts, ch. 790,s 1, eff. 7/1/2014.
Acts 1997, ch. 339, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 6 - INVASION OF PRIVACY (§§ 39-13-601 — 39-13-612) › Section 39-13-607 - Observation without consent

(a)
It is an offense for a person to knowingly spy upon, observe or otherwise view an individual, when the individual is in a place where there is a reasonable expectation of privacy, without the prior effective consent of the individual, if the viewing:
(1)
Would offend or embarrass an ordinary person if the person knew the person was being viewed; and
(2)
Was for the purpose of sexual arousal or gratification of the defendant.
(b)
It is not a defense to a violation of this section that the defendant was lawfully on the premises where the offense occurred.
(c)
If the person being viewed is a minor, this section is violated regardless of whether the minor or the minor's parent or guardian consented to the viewing.
(d)
(1)
A violation of this section is a Class A misdemeanor.
(2)
A violation of this section is a Class E felony if the victim is under thirteen (13) years of age at the time the offense is committed.
(e)
Nothing in this section shall preclude the state from electing to prosecute conduct in violation of this section under any other applicable section.
Amended by 2014 Tenn. Acts, ch. 977,s 2, eff. 7/1/2014.
Acts 2000, ch. 667, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 6 - INVASION OF PRIVACY (§§ 39-13-601 — 39-13-612) › Section 39-13-608 - Offense of interception of radio frequency transmission to flee from criminal offense

(a)
It is an offense for a person to knowingly intercept any radio frequency transmission with the intent to use the intercepted transmission to commit, facilitate, or aid in the flight from a criminal offense.
(b)
For purposes of this section, "radio frequency transmission" means any radio transmission made by a law enforcement, fire fighting, emergency medical, federal, state or local corrections or homeland security official during the course of the official's duties.
(c)
A violation of this section is a Class A misdemeanor.
Acts 2010, ch. 953, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 6 - INVASION OF PRIVACY (§§ 39-13-601 — 39-13-612) › Section 39-13-611 - Aggravated unlawful photographing of minor

(a)
A person commits the offense of aggravated unlawful photographing when the person knowingly photographs, or causes to be photographed a minor, when the minor has a reasonable expectation of privacy, if the photograph:
(1)
Depicts the minor in a state of nudity; and
(2)
Was taken for the purpose of sexual arousal or gratification of the defendant.
(b)
As used in this section:
(1)
"Nudity" has the meaning given in §
39-17-901
; and
(2)
"Photograph" has the meaning given in §
39-13-605
.
(c)
A violation of subsection (a) is a Class C felony.
(d)
Nothing in this section shall preclude the state from electing to prosecute conduct in violation of this section under any other applicable section, including chapter 17, parts 9 and 10 of this title.
Added by 2019 Tenn. Acts, ch. 437,s 1, eff. 5/22/2019.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 7 - STANDARDIZED TREATMENT FOR SEX OFFENDERS (§§ 39-13-701 — 39-13-708) › Section 39-13-701 - Short title

This part shall be known and may be cited as the "Tennessee Standardized Treatment Program for Sex Offenders."
Acts 1995, ch. 353, § 2.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 7 - STANDARDIZED TREATMENT FOR SEX OFFENDERS (§§ 39-13-701 — 39-13-708) › Section 39-13-702 - Legislative intent

(a)
The general assembly hereby declares that the comprehensive evaluation, identification, treatment, and continued monitoring of sex offenders who are subject to the supervision of the criminal justice system are necessary in order to work toward the elimination of recidivism by the offenders.
(b)
Therefore, the general assembly hereby creates a program that standardizes the evaluation, identification, treatment, and continued monitoring of sex offenders at each stage of the criminal justice system, so that the offenders will curtail recidivistic behavior, and so that the protection of victims and potential victims will be enhanced. The general assembly recognizes that some sex offenders cannot or will not respond to treatment and that, in creating the program described in this part, the general assembly does not intend to imply that all sex offenders can be successful in treatment.
Acts 1995, ch. 353, § 3.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 7 - STANDARDIZED TREATMENT FOR SEX OFFENDERS (§§ 39-13-701 — 39-13-708) › Section 39-13-705 - Evaluation and identification

(a)
On and after January 1, 1996, each sex offender who is to be considered for probation or any other alternative sentencing shall be required to submit to an evaluation for treatment, risk potential, procedures required for monitoring of behavior to protect victims and potential victims, and an identification under the procedures developed pursuant to §
39-13-704(d)(1)
.
(b)
Those offenders found guilty at trial or who pled guilty without an agreement as to length of sentence, probation, or alternative sentencing that are to have a presentence report prepared for submission to the court shall be required to submit to the evaluation referred to in subsection (a). The evaluation shall be included as part of the presentence report and shall be considered by the court in determining the sentencing issues stated in this section. If the court grants probation or alternative sentencing, any plan of treatment recommended by the evaluation shall be a condition of the probation or alternative sentencing. Those offenders who, as part of a negotiated settlement of their case, are to be placed on probation or alternative sentencing shall be required to submit to the evaluation referred to in subsection (a) as a condition of their probation or alternative sentencing; and any plan of treatment recommended by the evaluation shall be a condition of probation or alternative sentencing.
(c)
The evaluation and identification required by subsection (a) shall be at the expense of the offender evaluated, based upon the offender's ability to pay. The plan of treatment and behavior management shall be at the expense of the offender based upon the offender's ability to pay.
(d)
Any evaluation required by this section must be performed by an individual or entity on the sex offender treatment board's list of approved providers compiled pursuant to §
39-13-704(d)(5)
.
Amended by 2021 Tenn. Acts, ch. 204, s 2, eff. 4/22/2021.
Acts 1995, ch. 353, § 6; 1996, ch. 968, § 5; 1998, ch. 971, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 7 - STANDARDIZED TREATMENT FOR SEX OFFENDERS (§§ 39-13-701 — 39-13-708) › Section 39-13-706 - Treatment and monitoring of offenders

(a)
Each sex offender sentenced by the court for an offense committed on or after January 1, 1996, is required, as a part of any sentence to probation, community corrections, or incarceration with the department of correction, to undergo treatment to the extent appropriate to the offender based upon the recommendations of the evaluation and identification made pursuant to §
39-13-705
, or based upon any subsequent recommendations by the department of correction, the judicial branch or the department of children's services, whichever is appropriate. Any treatment and monitoring shall be at the person's own expense, based upon the person's ability to pay for the treatment.
(b)
Each sex offender placed on parole by the state board of parole on or after January 1, 1996, is required, as a condition of parole, to undergo treatment to the extent appropriate to the offender based upon the recommendations of the evaluation and identification pursuant to §
39-13-705
or any evaluation or subsequent reevaluation regarding the person during the person's incarceration or any period of parole. Any treatment shall be at the person's expense, based upon the person's ability to pay for such treatment.
(c)
Any treatment required by this section must be provided by an individual or entity on the sex offender treatment board's list of approved providers compiled pursuant to §
39-13-704(d)(5)
.
Amended by 2021 Tenn. Acts, ch. 204, s 3, eff. 4/22/2021.
Acts 1995, ch. 353, § 7; 1996, ch. 1079, § 123; 1998, ch. 1049, § 14.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 7 - STANDARDIZED TREATMENT FOR SEX OFFENDERS (§§ 39-13-701 — 39-13-708) › Section 39-13-707 - Treatment services to conform with board standards - Approved providers

(a)
The department of correction, the judicial branch, or the department of children's services shall not employ or contract with any individual or entity to provide treatment services pursuant to this part, unless the treatment services to be provided by the individual or entity conform with the standards developed pursuant to §
39-13-704(d)(2)
and are provided by an individual or entity on the sex offender treatment board's list of approved providers compiled pursuant to §
39-13-704(d)(5)
.
(b)
An individual or entity shall not provide sex offender evaluation or treatment services pursuant to this part unless the individual or entity is on the sex offender treatment board's list of approved providers compiled pursuant to §
39-13-704(d)(5)
. Unapproved providers who conduct sex offender evaluation or treatment services must be referred to the relevant licensing board for disciplinary action.
Amended by 2021 Tenn. Acts, ch. 204, Secs.s4, s5 eff. 4/22/2021.
Acts 1995, ch. 353, § 8; 1996, ch. 1079, § 123.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 7 - STANDARDIZED TREATMENT FOR SEX OFFENDERS (§§ 39-13-701 — 39-13-708) › Section 39-13-708 - Surcharge

(a)
For purposes of this section, unless the context otherwise requires, "convicted" and "conviction" means an adjudication of guilt of a sex offense as defined in this part as follows:
(1)
Plea of guilty, including a plea of guilty entered pursuant to §
40-35-313
;
(2)
Verdict of guilty by a judge or jury;
(3)
Plea of no contest; and
(4)
Best interest plea.
(b)
On and after July 1, 1996, each person who is convicted of a sex offense as defined in this part shall pay a tax to the clerk of the court in which the conviction occurs, in an amount not to exceed three thousand dollars ($3,000), as determined by the court for each conviction as defined by this part.
(c)
The clerk of the court shall allocate the tax required by subsection (b) as follows:
(1)
Five percent (5%) of the tax paid shall be retained by the clerk for administrative costs incurred pursuant to this subsection (c); and
(2)
Ninety-five percent (95%) of the tax paid under this section shall be deemed a litigation tax imposed pursuant to §
67-4-602
, and shall be includible as an amount subject to apportionment pursuant to §
67-4-606
.
(d)
There is created in the state treasury a sex offender treatment fund, which shall consist of moneys received by the state treasurer pursuant to this part. All interest derived from the deposit and investment of this fund shall be credited to the general fund. Any moneys not appropriated by the general assembly shall remain in the sex offender treatment fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year. All moneys in the fund shall be subject to annual appropriation by the general assembly to the judicial branch, the department of correction, and the department of children's services, after consideration of the plan developed pursuant to §
39-13-704(d)(3)
, to cover the direct and indirect costs associated with the evaluation, identification, and treatment and the continued monitoring of sex offenders.
(e)
The court may waive all or any portion of the tax required by this section if the court finds that a person convicted of a sex offense is indigent or financially unable to pay.
(f)
For the purposes of collecting any unpaid balance of the tax imposed by this part, the department of correction shall deduct from the trust fund account of any sex offender who is in custody of the department of correction those moneys necessary to satisfy the unpaid tax.
Acts 1995, ch. 353, § 10; 1996, ch. 968, § 6; 1996, ch. 1079, § 123; 2005, ch. 429, § 21.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 8 - TERRORISM PREVENTION AND RESPONSE ACT OF 2002 (§§ 39-13-801 — 39-13-812) › Section 39-13-801 - Short title

This part shall be known and may be cited as the "Terrorism Prevention and Response Act of 2002."
Acts 2002, ch. 849, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 8 - TERRORISM PREVENTION AND RESPONSE ACT OF 2002 (§§ 39-13-801 — 39-13-812) › Section 39-13-802 - Legislative intent

(a)
The general assembly finds and declares that the threat of terrorism involving weapons of mass destruction, including, but not limited to, biological, chemical, nuclear, or radiological agents, is a compelling public safety and health concern. The general assembly recognizes that terrorism involving weapons of mass destruction could result in a disaster placing residents of Tennessee in great peril. The general assembly finds it necessary to sanction the possession, manufacture, use, or threatened use of chemical, biological, nuclear, or radiological weapons, as well as the intentional use or threatened use of industrial or commercial chemicals as weapons, to take other steps to prevent the occurrence of terrorist acts to the fullest extent possible, and to respond rapidly and effectively to any terrorist acts. The general assembly further finds and declares that hoaxes involving terrorist threats create a substantial drain on governmental resources and are a significant disruption to the operation of government, as well as a disruption of the right of persons to a sense of personal security.
(b)
The general assembly further finds and declares that the threat from terrorism arises from a variety of sources and means other than through the utilization of weapons of mass destruction. The general assembly finds that this state has a compelling state interest in preventing terrorism within its borders, and the targeted prohibitions set forth in this part are meant to be a focused and least intrusive method for this state to protect its residents from such threats. The general assembly further declares that this part neither targets, nor incidentally prohibits or inhibits, the peaceful practice of any religion.
Acts 2002, ch. 849, § 1; 2011, ch. 497, § 2.