Tenn. Code Ann. § 39-13-522
Rape of a child
- (a) Rape of a child is the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is more than eight (8) years of age but less than thirteen (13) years of age.
- (b) Rape of a child is a Class A felony and shall be punished as follows:
- (1) If the defendant was a juvenile at the time of the offense, then the defendant shall be punished as a Range II offender; however the sentence imposed may, if appropriate, be within Range III, but in no case shall it be lower than Range II; and
- (2) If the defendant was an adult at the time of the offense, then the sentence must be:
- (A) Death;
- (B) Imprisonment for life without possibility of parole; or
- (C) Imprisonment for life.
Amended by 2024 Tenn. Acts, ch. 951,s 1, eff. 7/1/2024.
Amended by 2020 Tenn. Acts, ch. 588, s 2, eff. 7/1/2020.
Acts 1992, ch. 878, § 1; 1997 , ch. 406, § 2; 2005, ch. 353, § 14; 2006, ch. 890, § 22; 2007 , ch. 501, § 1; 2011 , ch. 306, § 1.
Notes of Decisions
Cited in 521
cases (70 in the last 5 years), 1993–2026 · leading case: State v. Elkins
State v. Elkins (2003)
“Child Rape Conviction Tennessee Code Annotated section 39-13-522(a) (1997) ("section 39-13-522(a)") defines the offense of rape of a child as "the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if such victim is less than thirteen (13)…”
State of Tennessee v. Fred Chad Clark, II (2014)
“Tenn.Code Ann. § 39-13-522(a) defines the two elements of this class-A felony: (a) Rape of a child is the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is more than three (3) years of age but less than thirteen (13) years of…”
State v. Evans (2003)
“See Tenn.Code Ann. § 39-13-522(a). “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 openings of the victim’s, the defendant’s,…”
State v. Gibson (1997)
“A superseding indictment was returned charging child rape pursuant to Tenn.Code Ann. § 39-13-522. The state was permitted to amend the new indictment before the trial commenced.”
State v. Flood (2007)
“The defendant was convicted of four counts of rape of a child in violation of Tennessee Code Annotated section 39-13-522. At the trial, the defendant attempted to present testimony from the victim’s father about statements made by the victim.”
State of Tennessee v. Glen Howard (2016)
“” Tenn. Code Ann. § 39-13-522 (a). “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 openings of the victim’s, the defendant’s,…”
State v. Scarborough (2006)
“…(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 a biological specimen for the purpose of DNA analysis. Furthermore, TCA § 40-35-321…”
State of Tennessee v. Hubert Glenn Sexton (2012)
“Tenn.Code Ann. § 39-13-522 (1997). A person convicted of rape of a child is further "required to serve the entire sentence imposed by the court undiminished by any sentence reduction credits such person may be eligible for or earn.”
State v. Marcum (2003)
“” Tenn. Code Ann. § 39-13-522 (a) (1997). 4 .”
State of Tennessee v. Barry D. McCoy (2014)
“Facts and Procedural History On November 2, 2010, Barry McCoy (the “Defendant”) was indicted for seven counts of rape of a child victim (the “Child”) in violation of Tennessee Code Annotated section 39-13-522 (2014). 1 Two weeks before the scheduled date of trial, the State…”
Coleman v. Morgan (2004)
“§ 39-13-522 (2003), was previously denominated as aggravated rape, see State v.”
State of Tennessee v. Frederick Herron (2015)
“” Tenn. Code Ann. § 39-13-522 (a) (2014). 2 .”
— Tenn. Code Ann. § 39-13-522(2) — 1 case
— Tenn. Code Ann. § 39-13-522(2)(A) — 3 cases
— Tenn. Code Ann. § 39-13-522(2)(a) — 1 case
— Tenn. Code Ann. § 39-13-522(a) — 135 cases
State v. Elkins (2003)
“Child Rape Conviction Tennessee Code Annotated section 39-13-522(a) (1997) ("section 39-13-522(a)") defines the offense of rape of a child as "the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if such victim is less than thirteen (13)…”
State of Tennessee v. Fred Chad Clark, II (2014)
“Tenn.Code Ann. § 39-13-522(a) defines the two elements of this class-A felony: (a) Rape of a child is the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is more than three (3) years of age but less than thirteen (13) years of…”
State v. Evans (2003)
“See Tenn.Code Ann. § 39-13-522(a). “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 openings of the victim’s, the defendant’s,…”
State v. Johnson (1998)
State v. Ealey (1997)
— Tenn. Code Ann. § 39-13-522(a)(2)(A) — 1 case
— Tenn. Code Ann. § 39-13-522(b) — 8 cases
Smith v. Lewis (2006)
Studdard v. State (2005)
— Tenn. Code Ann. § 39-13-522(b)(1) — 9 cases
— Tenn. Code Ann. § 39-13-522(b)(2) — 1 case
— Tenn. Code Ann. § 39-13-522(b)(2)(A) — 15 cases
— Tenn. Code Ann. § 39-13-522(b)(2)(B) — 1 case
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