Tennessee Code Annotated
Tenn. Code Ann. § 39-13-502 (2026)
Aggravated rape
✓ current as of May 2026
- (a) Aggravated rape is unlawful sexual penetration of a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:
- (1) Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
- (2) The defendant causes bodily injury to the victim;
- (3) The defendant is aided or abetted by one (1) or more other persons; and
- (A) Force or coercion is used to accomplish the act; or
- (B) The defendant knows or has reason to know that the victim is:
- (i) Mentally defective;
- (ii) Mentally incapacitated;
- (iii) Physically helpless;
- (iv) A vulnerable adult, as defined in § 39-15-501, with an intellectual disability; or
- (4) The defendant knows that the defendant is infected with HIV. As used in this subdivision (a)(4), "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome.
- (b)
- (1) Aggravated rape is a Class A felony.
- (2) Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case shall it be lower than Range II.
Amended by 2024 Tenn. Acts, ch. 844,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 155, s 2, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 500, s 3, eff. 10/1/2021.
Acts 1989, ch. 591, § 1; 1990, ch. 980, § 3; 1992, ch. 878, § 3.
Notes of Decisions
Cited in 378
cases (36 in the last 5 years), 1992–2026 · leading case: State v. Alvarado, 961 S.W.2d 136 (Tenn. Crim. App. 1996).
State v. Alvarado, 961 S.W.2d 136 (Tenn. Crim. App. 1996). “Tenn. Code Ann. § 39-13-502 (a). The circumstances relevant to the facts here are that (1) force or coercion was used to accomplish the act and the defendant was armed with a weapon, and (2) the defendant caused serious bodily injury to the victim.”
State v. Bowles, 52 S.W.3d 69 (Tenn. 2001). “Sufficiency of the Evidence Under Tenn.Code Ann. § 39-13-502, proof of an unlawful sexual penetration of a victim during which the defendant causes bodily injury to the victim establishes the crime of aggravated rape.”
State of Tennessee v. Lemaricus Devall Davidson, 509 S.W.3d 156 (Tenn. 2016). “Tenn. Code Ann. § 39-13-502 (a). Tennessee Code Annotated section 39-13-501(7) defines “sexual penetration” as “sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital…”
State v. Hayes, 899 S.W.2d 175 (Tenn. Crim. App. 1995). “However, T.C.A. § 39-13-502 was amended effective July 1, 1992, by deleting the victim’s age as an aggravating circumstance.”
State v. Johnson, 970 S.W.2d 500 (Tenn. Crim. App. 1996). “Tenn.Code Ann. § 39-13-502 (1991). 3 Ms. Dickinson testified that the appellant inserted his penis into her vagina without her consent, during two separate encounters.”
State of Tennessee v. Kacy Dewayne Cannon, 254 S.W.3d 287 (Tenn. 2008). “pursuant to Tennessee Code Annotated section 39-13-502 (2003). Detective Dudley and an officer from the Hamilton County Sheriff’s Office’s fugitive division traveled to Brushy Mountain Penitentiary to take custody of Defendant.”
State v. Hill, 954 S.W.2d 725 (Tenn. 1997). “In conclusion, we hold that the indictment in this case charging the defendant with the offense of aggravated rape, in violation of Tenn.Code Ann. § 39-13-502, meets constitutional and statutory requirements of notice and form and is, therefore, valid.”
State v. Samuel, 243 S.W.3d 592 (Tenn. Crim. App. 2007). “The defendant’s basis for the objection was that the State charged the defendant with aggravated rape based upon bodily injury under T.C.A. § 39-13-502(a)(2), as opposed to a perpetrator being aided and abetted by another and the victim is mentally defective or incapacitated,…”
State v. Banes, 874 S.W.2d 73 (Tenn. Crim. App. 1993). “did unlawfully sexually penetrate *, a person less than thirteen years (13) years of age, in violation of T.C.A. 39-13-502. Count two of the indictment charged that the appellant on the _ day of September, 1990, in Madison County, Tennessee, .”
State v. Dominy, 6 S.W.3d 472 (Tenn. 1999). “Tenn.Code Ann. § 39-13-502 provides: 6 . Tenn.”
State v. Kendrick, 38 S.W.3d 566 (Tenn. 2001). “” See Tenn.Code Ann. § 39-13-502(a) (1997). The element of “unlawful sexual penetration” means “sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal open-…”
State v. Williams, 920 S.W.2d 247 (Tenn. Crim. App. 1995). “(2) The Defendant causes bodily injury to the victim..”
— Tenn. Code Ann. § 39-13-502(1) — 2 cases
State v. Johnson, 970 S.W.2d 500 (Tenn. Crim. App. 1996). “Tenn.Code Ann. § 39-13-502 (1991). 3 Ms. Dickinson testified that the appellant inserted his penis into her vagina without her consent, during two separate encounters.”
State of Tennessee v. Justin Daniel Barker (Tenn. Crim. App. 2024).
— Tenn. Code Ann. § 39-13-502(7) — 1 case
State v. Chesley Randell Thompson (Tenn. Crim. App. 1999).
— Tenn. Code Ann. § 39-13-502(a) — 27 cases
State v. Hayes, 899 S.W.2d 175 (Tenn. Crim. App. 1995). “However, T.C.A. § 39-13-502 was amended effective July 1, 1992, by deleting the victim’s age as an aggravating circumstance.”
State of Tennessee v. Lemaricus Devall Davidson, 509 S.W.3d 156 (Tenn. 2016). “Tenn. Code Ann. § 39-13-502 (a). Tennessee Code Annotated section 39-13-501(7) defines “sexual penetration” as “sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital…”
State v. Bowles, 52 S.W.3d 69 (Tenn. 2001). “Sufficiency of the Evidence Under Tenn.Code Ann. § 39-13-502, proof of an unlawful sexual penetration of a victim during which the defendant causes bodily injury to the victim establishes the crime of aggravated rape.”
State v. Schaller, 975 S.W.2d 313 (Tenn. Crim. App. 1997).
State v. Kendrick, 38 S.W.3d 566 (Tenn. 2001). “” See Tenn.Code Ann. § 39-13-502(a) (1997). The element of “unlawful sexual penetration” means “sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal open-…”
— Tenn. Code Ann. § 39-13-502(a)(1) — 19 cases
State v. Alvarado, 961 S.W.2d 136 (Tenn. Crim. App. 1996). “Tenn. Code Ann. § 39-13-502 (a). The circumstances relevant to the facts here are that (1) force or coercion was used to accomplish the act and the defendant was armed with a weapon, and (2) the defendant caused serious bodily injury to the victim.”
State of Tennessee v. Cedric Jones (Tenn. Crim. App. 2016).
Eddie Medlock v. State of Tennessee (Tenn. Crim. App. 2016).
State of Tennessee v. Dewayne D. Fleming (Tenn. Crim. App. 2017).
State of Tennessee v. Deandrey Peterson (Tenn. Crim. App. 2018).
— Tenn. Code Ann. § 39-13-502(a)(1)(2) — 1 case
State of Tennessee v. James C. Osborne (Tenn. Crim. App. 2006).
— Tenn. Code Ann. § 39-13-502(a)(2) — 23 cases
State v. Samuel, 243 S.W.3d 592 (Tenn. Crim. App. 2007). “The defendant’s basis for the objection was that the State charged the defendant with aggravated rape based upon bodily injury under T.C.A. § 39-13-502(a)(2), as opposed to a perpetrator being aided and abetted by another and the victim is mentally defective or incapacitated,…”
State v. Smith, 891 S.W.2d 922 (Tenn. Crim. App. 1994).
State v. Williams, 920 S.W.2d 247 (Tenn. Crim. App. 1995). “(2) The Defendant causes bodily injury to the victim..”
State v. McPherson, 882 S.W.2d 365 (Tenn. Crim. App. 1994).
State v. Cooper, 321 S.W.3d 501 (Tenn. 2010).
— Tenn. Code Ann. § 39-13-502(a)(3) — 4 cases
State of Tennessee v. Eric Foster (Tenn. Crim. App. 2019).
State of Tennessee v. Jerry Wade Sherrill (Tenn. Crim. App. 2018).
State of Tennessee v. Guadalupe Steven Mendez (Tenn. Crim. App. 2003).
Javier Soto-Hurtado v. State of Tennessee (Tenn. Crim. App. 2001).
— Tenn. Code Ann. § 39-13-502(a)(3)(A) — 5 cases
State v. Bonds, 189 S.W.3d 249 (Tenn. Crim. App. 2005).
State of Tennessee v. Terrance Megel Jordan (Tenn. Crim. App. 2013).
Daniel Ewing v. State of Tennessee (Tenn. Crim. App. 2011).
Javier Soto-Hurtado v. State of Tennessee (Tenn. Crim. App. 2001).
State of Tennessee v. Genore Dancy (Tenn. Crim. App. 2003).
— Tenn. Code Ann. § 39-13-502(a)(3)(B) — 2 cases
State v. Samuel, 243 S.W.3d 592 (Tenn. Crim. App. 2007). “The defendant’s basis for the objection was that the State charged the defendant with aggravated rape based upon bodily injury under T.C.A. § 39-13-502(a)(2), as opposed to a perpetrator being aided and abetted by another and the victim is mentally defective or incapacitated,…”
State v. Clark, 2 S.W.3d 233 (Tenn. Crim. App. 1998).
— Tenn. Code Ann. § 39-13-502(a)(4) — 10 cases
State v. Hill, 954 S.W.2d 725 (Tenn. 1997). “In conclusion, we hold that the indictment in this case charging the defendant with the offense of aggravated rape, in violation of Tenn.Code Ann. § 39-13-502, meets constitutional and statutory requirements of notice and form and is, therefore, valid.”
State v. Banes, 874 S.W.2d 73 (Tenn. Crim. App. 1993). “did unlawfully sexually penetrate *, a person less than thirteen years (13) years of age, in violation of T.C.A. 39-13-502. Count two of the indictment charged that the appellant on the _ day of September, 1990, in Madison County, Tennessee, .”
State v. Jordan, 116 S.W.3d 8 (Tenn. Crim. App. 2003).
State v. Stinnett, 958 S.W.2d 329 (Tenn. 1997).
State v. Howard, 926 S.W.2d 579 (Tenn. Crim. App. 1996).
— Tenn. Code Ann. § 39-13-502(a)(l) — 5 cases
State v. Wyrick, 62 S.W.3d 751 (Tenn. Crim. App. 2001).
State v. Kendrick, 38 S.W.3d 566 (Tenn. 2001). “” See Tenn.Code Ann. § 39-13-502(a) (1997). The element of “unlawful sexual penetration” means “sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person’s body or of any object into the genital or anal open-…”
Rashe Moore v. State of Tennessee, 485 S.W.3d 411 (Tenn. 2016).
State v. Phillips, 924 S.W.2d 662 (Tenn. 1996).
State v. Spratt, 31 S.W.3d 587 (Tenn. Crim. App. 2000).
— Tenn. Code Ann. § 39-13-502(b) — 10 cases
State v. Samuel, 243 S.W.3d 592 (Tenn. Crim. App. 2007). “The defendant’s basis for the objection was that the State charged the defendant with aggravated rape based upon bodily injury under T.C.A. § 39-13-502(a)(2), as opposed to a perpetrator being aided and abetted by another and the victim is mentally defective or incapacitated,…”
State v. Spratt, 31 S.W.3d 587 (Tenn. Crim. App. 2000).
State v. Henry, 834 S.W.2d 273 (Tenn. 1992).
David H. Johnson v. Steve Upton, Warden (Tenn. Crim. App. 2022).
State of Tennessee v. Marty Joe Kelley (Tenn. Crim. App. 2012).
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