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Tennessee – Age of Consent Laws



The following information was pulled from the LexisNexis website at http://www.lexisnexis.com/hottopics/tncode/

38-1-302. Report of pregnancy and identity of alleged father to judge or law enforcement official. -

(a)  If, during any treatment or examination of any child less than eighteen (18) years of age, a determination is made that the child is pregnant, and if it is learned during the course of the treatment or examination that the alleged father is at least four (4) years older than, but not the legal spouse of the victim, in accordance with the provisions of § 39-13-506, the doctor, physician, surgeon, health care provider or other person examining or treating the child or diagnosing the condition is encouraged to, upon obtaining the consent of the patient, a parent, legal guardian or custodian, and within twenty-four (24) hours of the time of the treatment, examination or diagnosis, report the pregnancy by telephone or otherwise, to the judge having juvenile jurisdiction or to the office of sheriff or the chief law enforcement official of the municipality where the child resides.

(b)  Injuries to minors that are required to be reported by §37-1-403 are not required to be reported under this part.
 

38-1-305. Notice of statutory rape from public assistance providers to law enforcement agencies. -

When a person who is at least thirteen (13) years of age but less than eighteen (18) years of age, or a parent, legal guardian or custodian on behalf of such person, applies to the department of human services for child support services, temporary assistance for needy families (TANF) or any other program designed to provide similar public assistance, and the department determines from the application, or during the course of any interview with the applicant, that the father or alleged father of the child is at least four (4) years older than such child’s mother, the department shall report such information indicating the occurrence of a possible statutory rape to the appropriate law enforcement agency and district attorney general.
 

(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.

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.

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 such victim is less than thirteen (13) years of age. 

(b)  Rape of a child is a Class A felony. 

(c)  [Deleted by 2005 amendment.] 

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 such 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.