Tennessee Sex Offenses and Why They Are Different

Under Tennessee law, sexual offenses include non-consensual penetration obtained by force or coercion, any sexual act carried out without the victim’s consent, and sexual conduct that injures a victim who is physically incapable of resisting. The Tennessee courts classify these crimes as either misdemeanors or felonies based on the severity of the conduct. Some examples of sexual violations in Tennessee include rape, sexual exploitation of a minor, use of minors for obscene purposes, sexual battery/aggravated sexual battery, and sodomy, among others. The penalty for committing sexual abuse typically includes serving jail terms and paying fines.

What is a Tennessee Sex Crime?

Tennessee sex crimes include acts against the victim’s will, such as genital penetration, oral penetration, inappropriate bodily contact with a minor, anal intercourse, or any other intrusion of the victim, no matter how small. According to Chapter 13, Title 39 of the Tennessee Penal Code, sex crimes carry severe consequences, including incarceration, significant court costs, mandatory sex-offender registration, and prolonged community supervision.

What are the Different Types of Sex Offenses?

All types of action and conduct identified as sex offenses in the state of Tennessee are listed under Title 39 of the Tennessee Code and include:

Aggravated Rape: As stated in TN Code § 39–13–502, aggravated rape involves unlawful sexual contact under any of the following circumstances:

• The party performs the act with the use of force or coercion by the defendant, and the accused uses a weapon or any substance handled in a manner that leads the victim to believe it is a weapon.
• The victim was injured.
• The defendant established the act with the assistance of one or more other persons.
• The perpetrator is aware or has reason to be aware that the victim is mentally defective, mentally incapacitated, or physically helpless.

Aggravated rape in the state of Tennessee is a Class A felony punishable by at least 15 years and a maximum of 60 years in state prison. The jury can also impose a fine of not more than $50,000.

Rape: Rape involves unwilling sexual penetration of a victim by the defendant, and it is punishable under the conditions below:

• The violator committed the act with the use of force or coercion by the defendant.
• The victim did not give consent.
• The defendant is aware that the victim is mentally defective, mentally incapacitated, or physically helpless.
• The defendant established penetration through fraud.

Rape is a Class B felony punishable by imprisonment for at least eight years but not for more than 30 years. The offender may have to pay a fine of not more than $25,000.

Aggravated Sexual Battery: Under TN Code § 39–13–504, aggravated sexual battery is an illegal sexual contact between a victim and the defendant if:

• The defendant uses force or coercion to establish the act.
• Physical injury to the victim;
• The defendant got help in establishing unlawful contact by one or more other persons;
• The victim is 13 years old at the time of the contact.

Aggravated sexual battery in Tennessee is a Class B felony punishable by prison time of at least eight years but not more than 30 years. The jury may also impose a $25,000 fine.

Sexual Battery: As contained in TN Code § 39–13–505, sexual battery is the engagement in sexual contact with a victim under the following situation:

• The act involved force or coercion.
• The victim did not consent, and the defendant is aware.
• Unlawful sexual contact was established through fraud.

Sexual battery is a Class E felony, and the punishment involves imprisonment in state prison for at least one year but not more than six years. The jury may also impose the payment of a fine of not more than $3,000.

Mitigated Statutory Rape, Statutory Rape, Aggravated Statutory Rape (TN Code § 39–13–506)

Mitigated statutory rape involves illicit sexual penetration of a victim who is at least 15 years but less than 18 years of age by the defendant, who is not more than five years older than the victim. Mitigated statutory rape is a Class E felony punishable by imprisonment for at least one year but not over six years. Defendants are to pay a fine of not more than $3,000.

Statutory rape is the penetration of a victim under the conditions that:

• The defendant is at least four years and not less than ten years older than the victim, while the victim is at least 13 but less than 15 years of age.
• The victim is at least 15 years old but less than 18, and the defendant is more than five years but less than ten years older than the victim.

Statutory rape is a Class E felony punishable by imprisonment for a minimum of one year and a maximum of 6 years. The court may impose a fine of not more than $3,000. Aggravated statutory rape is the engagement in sexual penetration with a victim of at least 13 years old but less than 18 years of age by the defendant who is at least ten years older than the victim.  Aggravated statutory rape is a Class D felony accompanied by prison time of at least two but less than 12 years with a possible fine of $5,000, which a jury may impose.

Prostitution: As defined under TN Code § 39–13–512, prostitution is the engagement in or offering to engage in acts of sexual persuasion as a business or as an inmate in a house of prostitution. In Tennessee, prostitution is a Class B misdemeanor but becomes a Class A misdemeanor if prostitution occurs within 100 feet of a church or 1½ miles of a school.

Punishment involves imprisonment for no longer than six months and a possible fine of not more than $500. If the offense is classified as a Class A felony, the offender faces 11 months and 29 days imprisonment and a possible fine of not more than $2,500. Suppose prostitution is committed within 100 feet of a church or 1½ miles of a school and becomes a Class A misdemeanor. In that case, the offender may be sentenced to imprisonment for seven days with the additional payment of a $1,000 fine. The punishment is independent of any other authorized penalty.

Patronizing Prostitution: Under TN Code § 39–13–514, patronizing prostitution is the solicitation of a prostitute or a law enforcement officer posing as a prostitute. Patronizing prostitution is a Class A misdemeanor. Penalty involves a prison sentence of up to 11 months, 29 days imprisonment and a possible fine of not more than $2,500. If prostitution patronage occurred within 1½ miles of a school, the offender would be sentenced to imprisonment for seven days with the additional payment of a $1,000 fine.

Promoting Prostitution (TN Code § 39–13–515): Promoting prostitution is a Class E felony but becomes a Class D felony if the person promoted has an intellectual disability. If the person promoted as a prostitute is a minor (less than 18 years of age), the offense becomes a Class B felony. If the person promoted as a prostitute is less than 15 years of age or the promotion occurs on the grounds of or within 1000 feet of a school, child care agency, public library, recreational center, or public park, the offense is a Class A felony.

For the Class E felony, offenders are sentenced to imprisonment for at least one year and not more than six years with a possible fine of not more than $3,000. If the offense is a Class D felony, the punishment is prison time of at least two but less than 12 years with a possible fine of not more than $5,000, which a jury may impose. If the offense is a Class B felony, it is punishable by imprisonment for at least eight years and a maximum of 30 years, with a possible fine of not more than $25,000. A Class A felony involves incarceration for not less than 15 years but less than 60 years, with a possible fine of not more than $50,000.

Aggravated Prostitution: Defined under TN Code § 39–13–516, aggravated prostitution is the engagement in sexual activity as a business or as an inmate in a house of prostitution while being infected with HIV. Aggravated prostitution is a Class C felony involving the imprisonment of not more than three but less than 15 years with a possible fine of not more than $10,000.

Rape of a Child: According to TN Code §39–13–522, the rape of a child is the engagement in penetrative sexual activity with a victim more than three years of age but less than 13 years of age. The rape of a child is a Class A felony, and the offender may face imprisonment of at least 15 years but less than 60 years. The jury may also fine the violator not more than $50,000.

Promoting Travel for Prostitution: A person disregards the law set down in TN Code §39–13–533 if the individual offers or sells travel services through any means of transportation to facilitate prostitution in the state. The offense of promoting travel for prostitution is a Class D felony. The punishment for this offense is a minimum of two years but a maximum of 12 years in a state penitentiary and a possible fine of not more than $5,000.

Aggravated rape of a child: The law governing the aggravated rape of a child is in TN Code §39–13–531, and it involves the unlawful penetration of a child less than three years of age by the defendant. Aggravated rape of a child is a Class A felony, and defendants face life imprisonment without the option of parole.

Sex Offender Levels of Classification in Tennessee

Convicted sex offenders are registered under one of the three sex offender classifications in the state of Tennessee. The three classes are Tier 1, Tier 2, and Tier 3.

Tier 1

First-time sexual offenders are under this tier, and the mandatory registration for this tier lasts for 15 years. Having completed the compulsory registration timeline, violators can request removal from the list after ten years if the offender has had no other sex offense or criminal convictions for over a year. The person requesting removal from the Tier 1 sex offenders list must have fulfilled any other condition or program mandated by the court, such as a sex offender treatment program. Tier 1 offenses are:

• False imprisonment of a minor.
• Receipt or possession of child pornography.

Tier 2

Persons registered on this list have had a previous first sex offense conviction for which the punishment was more than one year of jail time. The mandatory registration for this sex offender tier is 25 years. Other sex offenses classified under Tier 2 sex offenses are:

• The production and distribution of child pornography
• Having sexual contact with minors 13 years and above
• Being convicted in a crime in which a minor was involved with prostitution or solicitation
• Enticing minors for sexual activities

Tier 3

Tier 3 sex offenses are the most serious for offenders who have had a previous Tier 2 sex offense conviction. Tier 3 sex offenders in Tennessee are registered for life. Other crimes listed under Tier 3 sex offenses are:

• The non-parental kidnapping of a minor;
• Committing sexual activities through the use of force;
• Mentally incapacitating a victim by rendering the victim unconscious or drugging the victim to perform sexual activities on the victim.

How Do I Find A Sex Offender Near Me in Tennessee?

The Tennessee Sex Offender Law was enacted to protect state residents from repeat sex crimes. The law ensures that sex offenders register with the Tennessee law enforcement agency. Interested persons may find sex offenders living in the neighborhood by querying law enforcement offices in person or using their online databases

Online

Interested persons can check the TBI Sex Offender Locator or the Tennessee Sex Offender Registry created by the Tennessee Bureau of Investigation to track sex offenders in the neighborhood. Type in the address or school and click the TBI map to access the map. Sex offenders can also be found on the registry by name. Since it’s illegal for sex offenders who are registered to live within 1000 feet of a school or location where kids are, people who find offenders violating this rule should contact the Tennessee Sex Offender Registry as soon as possible via 1 (888) 837–4170 or by email at TBISORMGR@tn.gov.

In-Person

Interested individuals can access information on sex trespassers by visiting the county sheriff’s office in the county of residence. The county sheriff’s office operates a registration station for all registered offenders. Call or visit the office to get more information on sex offenders in the neighborhood.

Tennessee Sex Offender Registry

The Sex Offender Registry of the state of Tennessee, maintained by the Tennessee Bureau of Investigation (TBI), features information pertaining to persons convicted of sexual crimes. The registry aims to provide indigenes and local communities with information and create steady awareness to keep them safe from sexual offenders. On the Sex Offender Registry, interested parties must provide last name, first name, city, county, zip code, and the offender's unique ID. A general search is possible when the requester fills out the Secondary Residential Search form.

The public is not allowed to use the information against the sex offender, harass, stalk, or threaten in any way. Additional punishment by the public is strictly prohibited. Doing any of these violates Tennessee’s criminal and civil laws, and violators will be punished and fined.

Sexual offenders can file a request with TBI’s headquarters in Nashville to discontinue registration requirements, but this can only be ten years after the offender finishes the sentence.

Alongside official custodians, third-party websites also maintain records that are considered public. These websites enable convenient and expedited retrieval of public records since they host information aggregated from various geographic locations and can be accessed remotely. To use these databases, inquirers are usually required to furnish the search engine with:

• The name of the record holder, unless said person is a juvenile
• The location of the document and the violator
• The city, county, or state that the person resides in or was accused in.

Third-party sites operate independently of government sources and are not sponsored by these government agencies. Thus, record availability on third-party websites may vary.

What are the Sex Offender Restrictions in Tennessee?

Following the instructions for sex offenders, the state of Tennessee has placed residential and work restrictions on sex offenders:

• Tennessee sex offenders must not live within 1,000 feet of any public school, child care facility, public park, private or parochial school, recreation center, licensed daycare center, playground, or athletic field used by the general public.
• No person, company, or organization of any kind is allowed to employ three or more sexual abusers at the same time.
• Sex trespassers do not legally have the right to apply for a name change, as seen in Tenn. Code Ann. § 29–8–101.
• Sexual offenders are not allowed to be within 1000 feet of former victims or victims’ immediate family members.
• Sex offenders are not allowed to work as babysitters or reside close to a babysitting company.
• Sex offenders whose victims are under 13 years are not allowed to live with minor children, even as a step-parent.

Failure to comply with these rules or register as a sex offender means the court will charge the offender with a Class E felony.