Tennessee Code Annotated
Tenn. Code Ann. § 39-13-503 (2026)
Rape
✓ current as of May 2026
- (a) Rape is unlawful sexual penetration of a victim by the defendant or of the defendant by a victim accompanied by any of the following circumstances:
- (1) Force or coercion is used to accomplish the act;
- (2) The sexual penetration is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the penetration that the victim did not consent;
- (3) 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, with an intellectual disability; or
- (4) The sexual penetration is accomplished by fraud.
- (b)
- (1)
- (A) Except as provided in subdivision (b)(1)(B), rape is a Class B felony.
- (B) If the victim of the offense is at least thirteen (13) years of age but less than eighteen (18) years of age, rape is a Class B felony and, notwithstanding title 40, chapter 35, the defendant shall be punished as a Range II offender; however, the sentence imposed upon the defendant may, if appropriate, be within Range III but in no case shall it be lower than Range II.
- (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.
- (1)
Amended by 2023 Tenn. Acts, ch. 283, s 1, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 155, s 3, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 500, s 4, eff. 10/1/2021.
Acts 1989, ch. 591, § 1; 1995, ch. 484, § 1; 1997 , ch. 406, § 1; 2005, ch. 353, § 11.
Notes of Decisions
Cited in 303
cases (43 in the last 5 years), 1993–2026 · leading case: State v. Rice, 184 S.W.3d 646 (Tenn. 2006).
State v. Rice, 184 S.W.3d 646 (Tenn. 2006). “accompanied by any of the following circumstances: (1) Force or coercion is used to accomplish the act; (2) The sexual penetration is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the penetration that the victim did…”
State v. Taylor, 63 S.W.3d 400 (Tenn. Crim. App. 2001). “, as defined in Tenn.Code Ann. § 39-13-503 (rape). Applying the test from Barmy, we find that four factors support a single conviction in this case — the fifth factor is inapplicable.”
State v. McKnight, 900 S.W.2d 36 (Tenn. Crim. App. 1994). “Tenn.Code Ann. § 39-13-503. “Force means completion by the use of physical power .”
State v. Scott, 275 S.W.3d 395 (Tenn. 2009). “§ 89-13-527 (2006) and two counts of rape in violation of Tenn.Code Ann. § 39-13-503 (2006). Mr. Scott, through his attorney, advised the State that he intended to call an expert witness in his defense and provided the State with a report from Dr.”
State v. Scarborough, 201 S.W.3d 607 (Tenn. 2006). “…§ 40-35-321 provides that any person convicted of violating or attempting to violate § 39-13-502 (Aggravated Rape), § 39-13-503 (Rape), § 39-13-504 (Aggravated Sexual Battery), § 39-15-505 (Sexual Battery), § 39-13-522 (Rape of a Child), or § 39-15-302 (Incest), must provide…”
State of Iowa v. Michael Cory Kelso-Christy, 911 N.W.2d 663 (Iowa 2018). “) (providing rape constitutes sexual intercourse in which “the victim submits to sexual intercourse under the belief that the person committing the act is a spouse, and this belief is induced by artifice, pretense, or concealment practiced by the accused or by the accused in…”
State v. McCary, 922 S.W.2d 511 (Tenn. 1996). “NOTES [1] Tenn. Code Ann. § 39-13-504 (1991). [2] Tenn.”
Calvert v. State, 342 S.W.3d 477 (Tenn. 2011). “§ 39-13-503 (2006); four counts of solicitation of a minor, id.”
Tidwell v. State, 922 S.W.2d 497 (Tenn. 1996). “The current rape statute is codified at Tenn.Code Ann. § 39-13-503 (Supp.1995). 4 .”
State v. Tizard, 897 S.W.2d 732 (Tenn. Crim. App. 1994). “See T.C.A. §§ 39-13-503(a)(3) and -505(a). The jury acquitted the defendant on the January 17 charge, but convicted him under the two remaining counts.”
State v. Beard, 189 S.W.3d 730 (Tenn. Crim. App. 2005). “See Tenn.Code Ann. § 39-13-503 (1997); see also Tenn.”
Rashe Moore v. State of Tennessee, 485 S.W.3d 411 (Tenn. 2016). “§§ 39-13-503 (rape), 39-13-505 (sexual battery).”
— Tenn. Code Ann. § 39-13-503(1) — 1 case
State of Tennessee v. Jeremie Scott Modine (Tenn. Crim. App. 2024).
— Tenn. Code Ann. § 39-13-503(2) — 1 case
State of Tennessee v. Jeremie Scott Modine (Tenn. Crim. App. 2024).
— Tenn. Code Ann. § 39-13-503(7) — 1 case
State of Tennessee v. Walter Williams (Tenn. Crim. App. 2011).
— Tenn. Code Ann. § 39-13-503(a) — 30 cases
State v. Rice, 184 S.W.3d 646 (Tenn. 2006). “accompanied by any of the following circumstances: (1) Force or coercion is used to accomplish the act; (2) The sexual penetration is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the penetration that the victim did…”
State v. McKnight, 900 S.W.2d 36 (Tenn. Crim. App. 1994). “Tenn.Code Ann. § 39-13-503. “Force means completion by the use of physical power .”
State v. Stokes, 24 S.W.3d 303 (Tenn. 2000).
State of Tennessee v. James C. Osborne (Tenn. Crim. App. 2006).
State of Tennessee v. Carl Allen aka Artie Perkins (Tenn. Crim. App. 2018).
— Tenn. Code Ann. § 39-13-503(a)(1) — 35 cases
State v. Embry, 915 S.W.2d 451 (Tenn. Crim. App. 1996).
State of Tennessee v. Rickey Alvis Bell, Jr., 480 S.W.3d 486 (Tenn. 2015).
State of Tennessee v. Joseph Jordan (Tenn. Crim. App. 2016).
State of Tennessee v. Prentis Lee (Tenn. Crim. App. 2016).
State of Tennessee v. Shaun Royal Hill (Tenn. Crim. App. 2016).
— Tenn. Code Ann. § 39-13-503(a)(1)(2) — 1 case
State of Tennessee v. James C. Osborne (Tenn. Crim. App. 2006).
— Tenn. Code Ann. § 39-13-503(a)(2) — 20 cases
State v. Scott, 275 S.W.3d 395 (Tenn. 2009). “§ 89-13-527 (2006) and two counts of rape in violation of Tenn.Code Ann. § 39-13-503 (2006). Mr. Scott, through his attorney, advised the State that he intended to call an expert witness in his defense and provided the State with a report from Dr.”
State of Tennessee v. James M. Roderick (Tenn. Crim. App. 2010).
State of Tennessee v. Aaron Reinsburg (Tenn. Crim. App. 2016).
State of Tennessee v. Lance Elliott Falcon (Tenn. Crim. App. 2016).
State of Tennessee v. Joseph A. Colwell, Sr. (Tenn. Crim. App. 2016).
— Tenn. Code Ann. § 39-13-503(a)(3) — 10 cases
State v. Tizard, 897 S.W.2d 732 (Tenn. Crim. App. 1994). “See T.C.A. §§ 39-13-503(a)(3) and -505(a). The jury acquitted the defendant on the January 17 charge, but convicted him under the two remaining counts.”
Jay Earl Haynes v. State of Tennessee (Tenn. Crim. App. 2016).
State of Tennessee v. Jay Earl Haynes (Tenn. Crim. App. 2013).
State of Tennessee v. Cheyne R. Stewart (Tenn. Crim. App. 2015).
State of Tennessee v. Eric Foster (Tenn. Crim. App. 2019).
— Tenn. Code Ann. § 39-13-503(a)(3)(C) — 2 cases
State of Tennessee v. David Lyndel Cochran (Tenn. Crim. App. 2023).
State of Tennessee v. Kireek Kaseem Steele (Tenn. Crim. App. 2024).
— Tenn. Code Ann. § 39-13-503(a)(4) — 2 cases
State of Tennessee v. Joseph G. Batts (Tenn. Crim. App. 2002).
State of Tennessee v. Richard Lawrence Canada (Tenn. Crim. App. 2026).
— Tenn. Code Ann. § 39-13-503(a)(l) — 4 cases
State v. Page, 81 S.W.3d 781 (Tenn. Crim. App. 2002).
State v. Bell, 512 S.W.3d 167 (Tenn. 2015).
State v. Woodcock, 922 S.W.2d 904 (Tenn. Crim. App. 1995).
State of Tennessee v. Rickey Alvis Bell, Jr., 480 S.W.3d 486 (Tenn. 2015).
— Tenn. Code Ann. § 39-13-503(b) — 11 cases
State v. Scarborough, 201 S.W.3d 607 (Tenn. 2006). “…§ 40-35-321 provides that any person convicted of violating or attempting to violate § 39-13-502 (Aggravated Rape), § 39-13-503 (Rape), § 39-13-504 (Aggravated Sexual Battery), § 39-15-505 (Sexual Battery), § 39-13-522 (Rape of a Child), or § 39-15-302 (Incest), must provide…”
State of Tennessee v. Edward Rudolph Wyse, Jr. (Tenn. Crim. App. 2020).
State of Tennessee v. Marvin Dewayne Bullock (Tenn. Crim. App. 2022).
State of Tennessee v. David Eugene Breezee (Tenn. Crim. App. 2012).
State of Tennessee v. Denny Merrill Phillips (Tenn. Crim. App. 2012).
— Tenn. Code Ann. § 39-13-503(b)(2) — 1 case
State of Tennessee v. Oscar Romero (Tenn. Crim. App. 2026).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.