Tennessee Code Annotated
Tenn. Code Ann. § 39-13-504 (2026)
Aggravated sexual battery
✓ current as of May 2026
- (a) Aggravated sexual battery is unlawful sexual contact with 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 mentally defective, mentally incapacitated or physically helpless; or
- (4) The victim is less than thirteen (13) years of age.
- (b) Aggravated sexual battery is a Class B felony.
Acts 1989, ch. 591, § 1; 1993, ch. 289, § 1.
Notes of Decisions
Cited in 493
cases (70 in the last 5 years), 1992–2026 · leading case: State of Tennessee v. Fred Chad Clark, II, 452 S.W.3d 268 (Tenn. 2014).
State of Tennessee v. Fred Chad Clark, II, 452 S.W.3d 268 (Tenn. 2014). “2007) and two counts of aggravated sexual battery in violation of Tenn.Code Ann. § 39-13-504 (2006). On June 6, 2008, Mr.”
Grindstaff v. State, 297 S.W.3d 208 (Tenn. 2009). “” Tenn.Code Ann. § 39-13-504(a)(4) (2003). 2 .”
State v. Hayes, 899 S.W.2d 175 (Tenn. Crim. App. 1995). “Since its enactment in 1989, T.C.A. § 39-13-504(a) has defined aggravated sexual battery as “unlawful sexual contact with a victim by the defendant .”
Ruff v. State, 978 S.W.2d 95 (Tenn. 1998). “The aggravated sexual battery statute, Tenn. Code Ann. § 39-13-504 (1991), does not describe a culpable mental state.”
State v. Shropshire, 45 S.W.3d 64 (Tenn. Crim. App. 2000). “One of the circumstances listed in Tenn.”
State v. Bolin, 922 S.W.2d 870 (Tenn. 1996). “Tenn. Code Ann. § 39-13-504 (a). The defendant then appealed from this judgment to the Court of Criminal Appeals, and that court affirmed the judgment.”
State v. Schaller, 975 S.W.2d 313 (Tenn. Crim. App. 1997). “], a person the defendant knows or had reason to know to be mentally defective, in violation of T.C.A. § 39-13-504....” At the time of the alleged conduct, aggravated sexual battery was defined as an “unlawful sexual contact with a victim by the defendant or the defendant by a…”
State v. Harris, 844 S.W.2d 601 (Tenn. 1992). “T.C.A. §§ 39-13-504 and 40-35-112(a)(2). Only a "career offender" or a "persistent offender" under T.”
State v. Biggs, 218 S.W.3d 643 (Tenn. Crim. App. 2006). “" T.C.A. § 39-13-504(a)(4). Attempt is defined as follows: (a) A person commits criminal attempt who, acting with the kind of culpability otherwise required for the offense: (1) Intentionally engages in action or causes a result that would constitute an offense if the…”
Ward v. State, 315 S.W.3d 461 (Tenn. 2010). “A sentence of community supervision for life for certain enumerated crimes is provided for in Tennessee Code Annotated section 39-13-524 as follows: (a) In addition to the punishment authorized by the specific statute prohibiting the conduct, any person who, on or after July 1,…”
State v. Schiefelbein, 230 S.W.3d 88 (Tenn. Crim. App. 2007). “Aggravated sexual battery of a child under 13 years of age, T.C.A. § 39-13-504(a)(4) (2006), is a lesser included offense of rape of a child, id.”
State v. Evans, 108 S.W.3d 231 (Tenn. 2003). “” Tenn.Code Ann. § 39-13-501(7). By contrast, aggravated sexual battery requires “unlawful sexual contact” with a victim less than thirteen years of age.”
— Tenn. Code Ann. § 39-13-504(4) — 1 case
State v. Evans, 108 S.W.3d 231 (Tenn. 2003). “” Tenn.Code Ann. § 39-13-501(7). By contrast, aggravated sexual battery requires “unlawful sexual contact” with a victim less than thirteen years of age.”
— Tenn. Code Ann. § 39-13-504(A)(4) — 1 case
In re Americus C. (Tenn. Ct. App. 2015).
— Tenn. Code Ann. § 39-13-504(a) — 26 cases
State of Tennessee v. Fred Chad Clark, II, 452 S.W.3d 268 (Tenn. 2014). “2007) and two counts of aggravated sexual battery in violation of Tenn.Code Ann. § 39-13-504 (2006). On June 6, 2008, Mr.”
State v. Hayes, 899 S.W.2d 175 (Tenn. Crim. App. 1995). “Since its enactment in 1989, T.C.A. § 39-13-504(a) has defined aggravated sexual battery as “unlawful sexual contact with a victim by the defendant .”
State v. Jordan, 116 S.W.3d 8 (Tenn. Crim. App. 2003).
State v. Banes, 874 S.W.2d 73 (Tenn. Crim. App. 1993).
State v. Schaller, 975 S.W.2d 313 (Tenn. Crim. App. 1997). “], a person the defendant knows or had reason to know to be mentally defective, in violation of T.C.A. § 39-13-504....” At the time of the alleged conduct, aggravated sexual battery was defined as an “unlawful sexual contact with a victim by the defendant or the defendant by a…”
— Tenn. Code Ann. § 39-13-504(a)(1) — 5 cases
Eddie Medlock v. State of Tennessee (Tenn. Crim. App. 2016).
State of Tennessee v. Cleven Johnson (Tenn. Crim. App. 2013).
State of Tennessee v. Larry Darnnell Pinex (Tenn. Crim. App. 2008).
State of Tennessee v. Randall Vertis Grainger (Tenn. Crim. App. 2002).
State of Tennessee v. Michael J. McCann (Tenn. Crim. App. 2001).
— Tenn. Code Ann. § 39-13-504(a)(1996) — 1 case
State v. Stinnett, 958 S.W.2d 329 (Tenn. 1997).
— Tenn. Code Ann. § 39-13-504(a)(2) — 8 cases
State of Tennessee v. Mainor Celin Avilez Canales (Tenn. Crim. App. 2018).
State of Tennessee v. Michael Scott Knerr (Tenn. Crim. App. 2014).
State of Tennessee v. George Timmons (Tenn. Crim. App. 2009).
State of Tennessee v. Gregory Lee Smith (Tenn. Crim. App. 2007).
State of Tennessee v. David Jones Milton (Tenn. Crim. App. 2006).
— Tenn. Code Ann. § 39-13-504(a)(3)(B) — 2 cases
State v. Clark, 2 S.W.3d 233 (Tenn. Crim. App. 1998).
State of Tennessee v. Cecil Eugene McGuire (Tenn. Crim. App. 1998).
— Tenn. Code Ann. § 39-13-504(a)(4) — 124 cases
Grindstaff v. State, 297 S.W.3d 208 (Tenn. 2009). “” Tenn.Code Ann. § 39-13-504(a)(4) (2003). 2 .”
State v. Biggs, 218 S.W.3d 643 (Tenn. Crim. App. 2006). “" T.C.A. § 39-13-504(a)(4). Attempt is defined as follows: (a) A person commits criminal attempt who, acting with the kind of culpability otherwise required for the offense: (1) Intentionally engages in action or causes a result that would constitute an offense if the…”
State v. Schiefelbein, 230 S.W.3d 88 (Tenn. Crim. App. 2007). “Aggravated sexual battery of a child under 13 years of age, T.C.A. § 39-13-504(a)(4) (2006), is a lesser included offense of rape of a child, id.”
State of Tennessee v. Hubert Glenn Sexton, 368 S.W.3d 371 (Tenn. 2012).
State v. Osborne, 251 S.W.3d 1 (Tenn. Crim. App. 2007).
— Tenn. Code Ann. § 39-13-504(a)(4)(2010) — 1 case
State of Tennessee v. Terry Mcree (Tenn. Crim. App. 2014).
— Tenn. Code Ann. § 39-13-504(b) — 16 cases
State of Tennessee v. George Coleman (Tenn. Crim. App. 2016).
State of Tennessee v. Joseph D. Sexton (Tenn. Crim. App. 2018).
State of Tennessee v. Harold Joe Rittenhouse (Tenn. Crim. App. 2019).
Johnathan Robert Leonard v. State of Tennessee (Tenn. Crim. App. 2019).
State of Tennessee v. Richard Gleason (Tenn. Crim. App. 2020).
— Tenn. Code Ann. § 39-13-504(b)(2) — 1 case
State of Tennessee v. Michael Thomas Hunter, Jr. (Tenn. Crim. App. 2025).
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