Tennessee Code Annotated
Tenn. Code Ann. § 39-13-309 (2026)
Trafficking for commercial sex act
✓ current as of May 2026
- (a) A person commits the offense of trafficking a person for a commercial sex act who:
- (1) Knowingly subjects, attempts to subject, benefits from, or attempts to benefit from another person's provision of a commercial sex act;
- (2) Recruits, entices, harbors, transports, provides, purchases, or obtains by any other means, another person for the purpose of providing a commercial sex act; or
- (3) Commits the acts in this subsection (a) when the intended victim 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) For purposes of subdivision (a)(2), such means may include, but are not limited to:
- (1) Causing or threatening to cause physical harm to the person;
- (2) Physically restraining or threatening to physically restrain the person;
- (3) Abusing or threatening to abuse the law or legal process;
- (4) Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of the person;
- (5) Using blackmail or using or threatening to cause financial harm for the purpose of exercising financial control over the person; or
- (6) Facilitating or controlling a person's access to a controlled substance.
- (c)
- (1) A violation of subsection (a) is a Class B felony, except as provided in subdivision (c)(2).
- (2) A violation of subsection (a) is a Class A felony if the victim of the offense is a child more than twelve (12) years of age but less than eighteen (18) years of age.
- (d) It is not a defense to a violation of this section that:
- (1) The intended victim of the offense is a law enforcement officer;
- (2) The victim of the offense is a minor who consented to the act or acts constituting the offense;
- (3) The solicitation was unsuccessful, the conduct solicited was not engaged in, or the law enforcement officer could not engage in the solicited offense; or
- (4) The person charged was ignorant or mistaken as to the age of a minor.
- (e) Notwithstanding this section to the contrary, if it is determined after a reasonable detention for investigative purposes that a victim of trafficking for a commercial sex act under this section is under eighteen (18) years of age, then 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 as a suspected victim under 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 facility designated by the juvenile court judge to facilitate the release of the minor to the custody of a parent or guardian.
- (f) It is a defense to prosecution under this section, including as an accomplice or co-conspirator, that a minor charged with a violation of this section was so charged for conduct that occurred because the minor is also a victim of an act committed in violation of this section or § 39-13-307, or because the minor is also a victim as defined by the federal Trafficking Victims Protection Act (22 U.S.C. § 7102).
Amended by 2022 Tenn. Acts, ch. 1115, s 13, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1115, Secs.s14, s21 eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1089, s 4, eff. 7/1/2022.
Amended by 2019 Tenn. Acts, ch. 123, s 2, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 123, s 1, eff. 7/1/2019.
Amended by 2016 Tenn. Acts, ch. 634, s 1, eff. 3/23/2016.
Amended by 2013 Tenn. Acts, ch. 465, s 2, eff. 7/1/2013.
Acts 2008 , ch. 1140, § 3; 2012, ch. 1075, § 2.
Notes of Decisions
Cited in 17
cases (8 in the last 5 years), 2000–2026 · leading case: State of Tennessee v. Westley A. Albright, 564 S.W.3d 809 (Tenn. 2018).
State of Tennessee v. Westley A. Albright, 564 S.W.3d 809 (Tenn. 2018). “(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…”
Washington v. Robertson Cnty., 29 S.W.3d 466 (Tenn. 2000). “Tenn.Code Ann. § 39-13-309(d) and (e) (1997).”
State of Tennessee v. Joseph Marquis Jeffries (Tenn. Crim. App. 2019). “T.C.A. § 39-13-309(a)(1). The alternative trafficking charge required proof that the Defendant recruited, enticed, harbored, transported, provided, purchased, or obtained by any other means, another person for the purpose of providing a commercial sex act.”
State of Tennessee v. Clyde E. Willis (Tenn. Crim. App. 2025). “T.C.A. § 39-13-309(a) (Supp. 2021) (subsequently amended).”
State of Tennessee v. Carmen Noe Garcia Guox (Tenn. Crim. App. 2026). “” Defendant argues without citation to authority that the phrase “is punishable as trafficking for commercial sex acts under § 39-13-309” only “speaks to the manner of service, i.”
State of Tennessee v. Anthony Cornelius Baylis (Tenn. Crim. App. 2024). “Tenn. Code Ann. § 39-13-309 (a)(1). When the statutory definition of a criminal offense includes the attempt to commit a certain act, “the -11- crime is committed if the attempt is made, regardless of whether it is successful and even regardless of whether the objective would be…”
Rickius Grant v. State of Tennessee (Tenn. Crim. App. 2025). “a second response, arguing that in addition to the petition being time-barred, Ashley was inapplicable to the Petitioner’s case because Ashley addressed convictions of solicitation of a minor pursuant to Tennessee Code Annotated section 39-13-528, whereas the Petitioner pled…”
State of Tennessee v. Ivan Ashley (Tenn. Crim. App. 2023). “See Tenn. Code Ann. § 39-13-309 (c) (2018). Initially, we note that while the first page of the indictment listed count one as patronizing prostitution from a minor, the wording of count one alleged that he patronized prostitution from a law enforcement officer posing as a minor.”
State of Tennessee v. Randall Ray Ward (Tenn. Crim. App. 2020). “” Tenn. Code Ann. § 39-13-309 (a)(1)-(2). For the purposes of subsection (a)(2), other means may include: (1) Causing or threatening to cause physical harm to the person; (2) Physically restraining or threatening to physically restrain the person; (3) Abusing or threatening to…”
In Re: Cidney L. (Tenn. Ct. App. 2014). “Tenn. Code Ann. § 39-13-309 (a)(2) provides: “A person commits the offense of trafficking a person for a commercial sex act who .”
In Re L.M.H. (Tenn. Ct. App. 2017). “reasonably - 12 - be expected to produce severe psychosis, severe neurotic disorder, severe depression, severe developmental delays or intellectual disability, or severe impairment of the child’s ability to function adequately in the child’s environment, and the knowing failure…”
State of Tennessee v. Ryan Patrick Broadrick (2018). “See Tenn. Code Ann. § 39-13-309 . The State also filed a motion for the trial court to reconsider its ruling excluding the Defendant’s internet history.”
— Tenn. Code Ann. § 39-13-309(3) — 1 case
State of Tennessee v. Randall Ray Ward (Tenn. Crim. App. 2020). “” Tenn. Code Ann. § 39-13-309 (a)(1)-(2). For the purposes of subsection (a)(2), other means may include: (1) Causing or threatening to cause physical harm to the person; (2) Physically restraining or threatening to physically restrain the person; (3) Abusing or threatening to…”
— Tenn. Code Ann. § 39-13-309(a) — 2 cases
State of Tennessee v. Clyde E. Willis (Tenn. Crim. App. 2025). “T.C.A. § 39-13-309(a) (Supp. 2021) (subsequently amended).”
State of Tennessee v. Carmen Noe Garcia Guox (Tenn. Crim. App. 2026). “” Defendant argues without citation to authority that the phrase “is punishable as trafficking for commercial sex acts under § 39-13-309” only “speaks to the manner of service, i.”
— Tenn. Code Ann. § 39-13-309(a)(1) — 1 case
State of Tennessee v. Joseph Marquis Jeffries (Tenn. Crim. App. 2019). “T.C.A. § 39-13-309(a)(1). The alternative trafficking charge required proof that the Defendant recruited, enticed, harbored, transported, provided, purchased, or obtained by any other means, another person for the purpose of providing a commercial sex act.”
— Tenn. Code Ann. § 39-13-309(a)(2) — 2 cases
State of Tennessee v. Joseph Marquis Jeffries (Tenn. Crim. App. 2019). “T.C.A. § 39-13-309(a)(1). The alternative trafficking charge required proof that the Defendant recruited, enticed, harbored, transported, provided, purchased, or obtained by any other means, another person for the purpose of providing a commercial sex act.”
State of Tennessee v. Clyde E. Willis (Tenn. Crim. App. 2025). “T.C.A. § 39-13-309(a) (Supp. 2021) (subsequently amended).”
— Tenn. Code Ann. § 39-13-309(a)(3) — 2 cases
State of Tennessee v. Clyde E. Willis (Tenn. Crim. App. 2025). “T.C.A. § 39-13-309(a) (Supp. 2021) (subsequently amended).”
State of Tennessee v. Clyde E. Willis - Concur in part/Dissent in part (Tenn. Crim. App. 2025).
— Tenn. Code Ann. § 39-13-309(b) — 1 case
State of Tennessee v. Clyde E. Willis (Tenn. Crim. App. 2025). “T.C.A. § 39-13-309(a) (Supp. 2021) (subsequently amended).”
— Tenn. Code Ann. § 39-13-309(b)(1) — 1 case
State of Tennessee v. Joseph Marquis Jeffries (Tenn. Crim. App. 2019). “T.C.A. § 39-13-309(a)(1). The alternative trafficking charge required proof that the Defendant recruited, enticed, harbored, transported, provided, purchased, or obtained by any other means, another person for the purpose of providing a commercial sex act.”
— Tenn. Code Ann. § 39-13-309(c)(1) — 1 case
State of Tennessee v. Carmen Noe Garcia Guox (Tenn. Crim. App. 2026). “” Defendant argues without citation to authority that the phrase “is punishable as trafficking for commercial sex acts under § 39-13-309” only “speaks to the manner of service, i.”
— Tenn. Code Ann. § 39-13-309(d) — 2 cases
Washington v. Robertson Cnty., 29 S.W.3d 466 (Tenn. 2000). “Tenn.Code Ann. § 39-13-309(d) and (e) (1997).”
State of Tennessee v. Anthony Cornelius Baylis (Tenn. Crim. App. 2024). “Tenn. Code Ann. § 39-13-309 (a)(1). When the statutory definition of a criminal offense includes the attempt to commit a certain act, “the -11- crime is committed if the attempt is made, regardless of whether it is successful and even regardless of whether the objective would be…”
— Tenn. Code Ann. § 39-13-309(d)(1) — 1 case
State of Tennessee v. Anthony Cornelius Baylis (Tenn. Crim. App. 2024). “Tenn. Code Ann. § 39-13-309 (a)(1). When the statutory definition of a criminal offense includes the attempt to commit a certain act, “the -11- crime is committed if the attempt is made, regardless of whether it is successful and even regardless of whether the objective would be…”
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