Tennessee Code Annotated

Tenn. Code Ann. § 39-13-523 (2026)

Punishment for certain sex offenders

✓ current as of May 2026

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(a) As used in this section, unless the context otherwise requires:
- (1) "Aggravated rapist" means a person convicted of violating § 39-13-502;
- (2) "Child rapist" means a person convicted one (1) or more times of rape of a child as defined by § 39-13-522;
- (3) "Child sexual predator" means a person who:
  - (A) Is convicted in this state of committing an offense on or after July 1, 2007, that is classified in subdivision (a)(5) as a predatory offense; and
  - (B) Has one (1) or more prior convictions for an offense classified in subdivision (a)(5) as a predatory offense;
- (4) "Multiple rapist" means a person convicted two (2) or more times of violating § 39-13-503, or a person convicted at least one (1) time of violating § 39-13-502 and at least one (1) time of violating § 39-13-503;
- (5) "Predatory offenses" means:
  - (A) Aggravated sexual battery under § 39-13-504(a)(4);
  - (B) Statutory rape by an authority figure under § 39-13-532;
  - (C) Sexual battery by an authority figure under § 39-13-527;
  - (D) Solicitation of a minor to commit a sex offense under § 39-13-528;
  - (E) Solicitation of a minor to perform sex acts under § 39-13-529;
  - (F) Aggravated statutory rape under § 39-13-506(c); and
  - (G) Trafficking for commercial sex act under § 39-13-309;
- (6)
  - (A) "Prior convictions" means that the person serves and is released or discharged from a separate period of incarceration or supervision for the commission of a predatory offense classified in subdivision (a)(5) prior to committing another predatory offense classified in subdivision (a)(5).
  - (B) "Prior convictions" includes convictions under the laws of any other state, government or country that, if committed in this state, would constitute a predatory offense as classified in subdivision (a)(5). If a felony from a jurisdiction other than Tennessee is not a named predatory offense as classified in subdivision (a)(5) in this state, it shall be considered a prior conviction if the elements of the felony are the same as the elements for an offense classified as a predatory offense; and
- (7) "Separate period of incarceration or supervision" includes a sentence to any of the sentencing alternatives set out in § 40-35-104(c)(3)-(9). Any offense designated as a predatory offense pursuant to subdivision (a)(5) shall be considered as having been committed after a separate period of incarceration or supervision if the predatory offense was committed while the person was:
  - (A) On probation, parole or community correction supervision for a predatory offense;
  - (B) Incarcerated for a predatory offense;
  - (C) Assigned to a program whereby the person enjoys the privilege of supervised release into the community, including, but not limited to, work release, educational release, restitution release or medical furlough for a predatory offense; or
  - (D) On escape status from any correctional institution when incarcerated for a predatory offense;

(b) Notwithstanding any other law to the contrary, a child sexual predator, aggravated rapist, multiple rapist or a child rapist shall be required to serve the entire sentence imposed by the court undiminished by any sentence reduction credits the person may be eligible for or earn. A child sexual predator, aggravated rapist, multiple rapist or a child rapist shall be permitted to earn any credits for which the person is eligible and the credits may be used for the purpose of increased privileges, reduced security classification, or for any purpose other than the reduction of the sentence imposed by the court.

(c) Title 40, chapter 35, part 5, regarding release eligibility status and parole, shall not apply to or authorize the release of a child sexual predator, aggravated rapist, multiple rapist or child rapist prior to service of the entire sentence imposed by the court.

(d) Nothing in title 41, chapter 1, part 5 shall give either the governor or the board of parole the authority to release or cause the release of a child sexual predator, aggravated rapist, multiple rapist or child rapist prior to service of the entire sentence imposed by the court.

(e)
- (1) The provisions of this section requiring child sexual predators to serve the entire sentence imposed by the court shall only apply if at least one (1) of the required offenses occurs on or after July 1, 2007.
- (2) The provisions of this section requiring multiple rapists to serve the entire sentence imposed by the court shall only apply if at least one (1) of the required offenses occurs on or after July 1, 1992.
- (3) The provisions of this section requiring aggravated rapists to serve the entire sentence imposed by the court shall only apply if the required offense occurs on or after July 1, 2012.

Amended by 2021 Tenn. Acts, ch. 210, s 1, eff. 7/1/2021.

Acts 1992, ch. 878, § 1; 1998, ch. 1049, § 10; 2007 , ch. 525, § 1; 2012, ch. 1073, §§ 2 - 5.

Notes of Decisions

Cited in 116 cases (10 in the last 5 years), 1993–2025 · leading case: David Cantrell v. Joe Easterling, Warden, 346 S.W.3d 445 (Tenn. 2011).

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David Cantrell v. Joe Easterling, Warden, 346 S.W.3d 445 (Tenn. 2011). · cites it 15× “Howev *457 er, Tennessee Code Annotated section 39-13-523 provides that persons convicted of multiple counts of aggravated rape “shall be required to serve the entire sentence imposed by the court” and that “[t]he provisions of title 40, chapter 35, part 5, relative to release…”

Terrance Lavar Davis v. State of Tennessee, 313 S.W.3d 751 (Tenn. 2010). · cites it 12× “See Tenn. Code Ann. § 39-13-523 (c) (Supp.2009).”

Mitchell v. Campbell, 88 S.W.3d 561 (Tenn. Ct. App. 2002). · cites it 18× “Tenn. Code Ann. § 39-13-523 (b) relates to sentence reduction credits; while Tenn.”

State v. Johnson, 970 S.W.2d 500 (Tenn. Crim. App. 1996). · cites it 12× “CLASSIFICATION AS MULTIPLE RAPIST The appellant contests his classification and sentencing as a multiple rapist under *505 Tenn.Code Ann. § 39-13-523. Initially, he argues that, at the time of his guilty plea to rape in 1988, the multiple rapist statute was not enacted.”

Thurmond v. Carlton, 202 S.W.3d 131 (Tenn. Crim. App. 2006). · cites it 24× “The petitioner claims (1) that his sentences for attempted aggravated rape and aggravated sexual battery are illegal because the offenses are not subject to the multiple rapist classification under Tennessee Code Annotated section 39-13-523, (2) that his judgments of conviction…”

Coleman v. Morgan, 159 S.W.3d 887 (Tenn. Crim. App. 2004). · cites it 13× “As referenced in subsection (i)(3), section 39-13-523 does, indeed, provide that defendants convicted of rape of a child are ineligible to receive the benefit of sentence reduction credits and must serve their entire sentences undiminished by any such credits.”

State v. Biggs, 218 S.W.3d 643 (Tenn. Crim. App. 2006). · cites it 4× “See T.C.A. §§ 39-13-523, 40-35-501(i)(1). [2] We note that the Tennessee Rules of Criminal Procedure were reformatted on July 1, 2006, which changed Rule 33(f) to Rule 33(d) but did not change the substance of the rule.”

Smith v. Lewis, 202 S.W.3d 124 (Tenn. 2006). · cites it 3× “However, the statute also provides that the foregoing language shall not be construed “as affecting, amending or altering the provisions of § 39-13-523, which requires child rapists .”

State of Tennessee v. Hubert Glenn Sexton, 368 S.W.3d 371 (Tenn. 2012). · cites it 2× “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. Flood, 219 S.W.3d 307 (Tenn. 2007). · cites it 2× “The court sentenced Flood to twenty years in the state penitentiary for each count and ordered that the sentences for counts one and two be served consecutively, resulting in an effective sentence of forty years to be served at 100%.”

State v. Gibson, 973 S.W.2d 231 (Tenn. Crim. App. 1997). · cites it 2× “For this reason, the defendant should have been sentenced under Tenn.Code Ann. § 39-13-523(b) for Counts 3, 6, and 7.”

State of Tennessee v. Brandon Ackerman, 397 S.W.3d 617 (Tenn. Crim. App. 2012). “§ 39-13-523(b). In this appeal, the defendant asserts that the trial court erred by excluding the testimony of his expert witness, by admitting into evidence a video recording of the victim’s forensic interview, by permitting three State’s witnesses to testify regarding the…”

Show all 116 citing cases →

— Tenn. Code Ann. § 39-13-523(3)(B) — 1 case

Tut M. Tut v. Kevin Genovese, Warden (Tenn. Crim. App. 2022).

— Tenn. Code Ann. § 39-13-523(3)(b) — 1 case

Tut M. Tut v. Kevin Genovese, Warden (Tenn. Crim. App. 2022).

— Tenn. Code Ann. § 39-13-523(a) — 1 case

Michael Neely v. Ricky Bell, Warden (Tenn. Crim. App. 2005).

— Tenn. Code Ann. § 39-13-523(a)(1) — 5 cases

State of Tennessee v. Brian Wesley Lacey (Tenn. Crim. App. 2010).

Douglas L. Brown v. State of Tennessee (Tenn. Crim. App. 2005).

Kevin Shawn Taylor v. State of Tennessee (Tenn. Crim. App. 2002).

Connie Arnold v. Doug Cook, Warden (Tenn. Crim. App. 2016).

State of Tennessee v. Joseph Rushing (Tenn. Crim. App. 2004).

— Tenn. Code Ann. § 39-13-523(a)(2) — 7 cases

Thurmond v. Carlton, 202 S.W.3d 131 (Tenn. Crim. App. 2006). “The petitioner claims (1) that his sentences for attempted aggravated rape and aggravated sexual battery are illegal because the offenses are not subject to the multiple rapist classification under Tennessee Code Annotated section 39-13-523, (2) that his judgments of conviction…”

Andre L. Mayfield v. State of Tennessee (Tenn. Crim. App. 2005).

Jonathan Ellis v. State of Tennessee (Tenn. Crim. App. 2006).

State of Tennessee v. Arthur Ray Turner (Tenn. Crim. App. 2014).

State of Tennessee v. Rodriquez Jones (Tenn. Crim. App. 2014).

— Tenn. Code Ann. § 39-13-523(a)(4) — 1 case

State of Tennessee v. Anthony Tucker (Tenn. Crim. App. 2024).

— Tenn. Code Ann. § 39-13-523(a)(5) — 1 case

State of Tennessee v. Rodriquez Jones (Tenn. Crim. App. 2014).

— Tenn. Code Ann. § 39-13-523(b) — 34 cases

Mitchell v. Campbell, 88 S.W.3d 561 (Tenn. Ct. App. 2002). “Tenn. Code Ann. § 39-13-523 (b) relates to sentence reduction credits; while Tenn.”

David Cantrell v. Joe Easterling, Warden, 346 S.W.3d 445 (Tenn. 2011). “Howev *457 er, Tennessee Code Annotated section 39-13-523 provides that persons convicted of multiple counts of aggravated rape “shall be required to serve the entire sentence imposed by the court” and that “[t]he provisions of title 40, chapter 35, part 5, relative to release…”

Terrance Lavar Davis v. State of Tennessee, 313 S.W.3d 751 (Tenn. 2010). “See Tenn. Code Ann. § 39-13-523 (c) (Supp.2009).”

State of Tennessee v. Hubert Glenn Sexton, 368 S.W.3d 371 (Tenn. 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.”

Smith v. Lewis, 202 S.W.3d 124 (Tenn. 2006). “However, the statute also provides that the foregoing language shall not be construed “as affecting, amending or altering the provisions of § 39-13-523, which requires child rapists .”

— Tenn. Code Ann. § 39-13-523(c) — 5 cases

Terrance Lavar Davis v. State of Tennessee, 313 S.W.3d 751 (Tenn. 2010). “See Tenn. Code Ann. § 39-13-523 (c) (Supp.2009).”

Michael D. O'Guin v. State of Tennessee (Tenn. Crim. App. 2011).

Michael Pine v. Dept. of Corr. (Tenn. Ct. App. 2001).

Steven D. Tutt v. Tennessee Dept. of Corr. (Tenn. Ct. App. 2007).

— Tenn. Code Ann. § 39-13-523(d) — 1 case

Terrance Lavar Davis v. State of Tennessee, 313 S.W.3d 751 (Tenn. 2010). “See Tenn. Code Ann. § 39-13-523 (c) (Supp.2009).”

— Tenn. Code Ann. § 39-13-523(e) — 3 cases

Jonathan Ellis v. State of Tennessee (Tenn. Crim. App. 2006).

State of Tennessee v. Marty v. Bell (Tenn. Crim. App. 2016).

— Tenn. Code Ann. § 39-13-523(e)(3) — 1 case

Patrick Marshall v. Brandon Watwood, Warden (Tenn. Crim. App. 2024).

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.