Tennessee Code Annotated
Tenn. Code Ann. § 39-15-302 (2026)
Incest
✓ current as of May 2026
- (a) A person commits incest who engages in sexual penetration as defined in § 39-13-501, with a person, knowing the person to be, without regard to legitimacy:
- (1) The person's natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child; or
- (2) The person's brother or sister of the whole or half-blood or by adoption.
- (b)
- (1) Except as provided in subdivision (b)(2), incest is a Class C felony.
- (2) If the victim of the offense is a minor, incest 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.
Amended by 2023 Tenn. Acts, ch. 283, s 2, eff. 7/1/2023.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 25.
Notes of Decisions
Cited in 100
cases (19 in the last 5 years), 1992–2026 · leading case: State v. Vann, 976 S.W.2d 93 (Tenn. 1998).
State v. Vann, 976 S.W.2d 93 (Tenn. 1998). “The offense of incest is defined by Tenn.Code Ann. § 39-15-302 (1991 Repl) as follows: (a) A person commits incest who engages in sexual penetration as defined in § 39-13-501, with a person he or she knows to be, without regard to legitimacy: (1) The person's natural parent,…”
Smith v. State, 6 S.W.3d 512 (Tenn. Crim. App. 1999). “The appellant collaterally attacks her conviction for incest upon the ground that Tenn.Code Ann. § 39-15-302 violates her state constitutional right to privacy.”
State v. Scarborough, 201 S.W.3d 607 (Tenn. 2006). “…(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 provides that any person convicted of…”
Hart v. State, 21 S.W.3d 901 (Tenn. 2000). “Tenn.Code Ann. § 39-15-302(a), (a)(1) (Supp.”
Tidwell v. State, 922 S.W.2d 497 (Tenn. 1996). “This provision is currently codified at Tenn.Code Ann. § 39-15-302 (1991). 5 . . Tenn.”
State v. Beauregard, 32 S.W.3d 681 (Tenn. 2000). “” Tenn. Code Ann. § 39-15-302 (1997). 4 A comparison of the statutory elements of rape and incest demonstrates that the elements are dissimilar.”
State v. Hallock, 875 S.W.2d 285 (Tenn. Crim. App. 1993). “Nevertheless, given the circumstances surrounding the defendant’s multiple sex abuse of minors, the consecutive sentencing decision is fully justified under T.”
State of Tennessee v. Jimmy Dale Qualls, 482 S.W.3d 1 (Tenn. 2016). “As relevant to the defendant’s conviction, incest is defined as “engaging] in sexual penetration .”
State v. Henry, 834 S.W.2d 273 (Tenn. 1992). “Incest is presently a Class C felony, T.C.A. § 39-15-302(b) (1991), carrying a maximum imprisonment term of 15 years.”
Commonwealth v. Rahim, 805 N.E.2d 13 (Mass. 2004). “1 (Michie 1998); Tenn. Code Ann. § 39-15-302 (LexisNexis 2003); Tex.”
State v. Dodd, 871 S.W.2d 496 (Tenn. Crim. App. 1993). “Under Tenn.Code Ann. § 39-15-302, incest is defined without regard to legitimacy, *497 as the knowing sexual penetration of a person’s “natural parent, child, grandparent, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child; or .”
Studdard v. State, 182 S.W.3d 283 (Tenn. 2005). “§ 39-15-302(b) (2003). The defendant executed a “Plea of Guilty and Waivers of Jury Trial and Appeal” form which stated that he was pleading guilty to the charge of incest.”
— Tenn. Code Ann. § 39-15-302(a) — 6 cases
Hart v. State, 21 S.W.3d 901 (Tenn. 2000). “Tenn.Code Ann. § 39-15-302(a), (a)(1) (Supp.”
State of Tennessee v. Jimmy Dale Qualls, 482 S.W.3d 1 (Tenn. 2016). “As relevant to the defendant’s conviction, incest is defined as “engaging] in sexual penetration .”
State of Tennessee v. Wayne Leonard Yelton (Tenn. Crim. App. 2019).
Lawrence A. Strickland v. James Bowlen, Warden (Tenn. Crim. App. 2001).
State of Tennessee v. Blake Edward Childress (Tenn. Crim. App. 2015).
— Tenn. Code Ann. § 39-15-302(a)(1) — 23 cases
State v. Beauregard, 32 S.W.3d 681 (Tenn. 2000). “” Tenn. Code Ann. § 39-15-302 (1997). 4 A comparison of the statutory elements of rape and incest demonstrates that the elements are dissimilar.”
State of Tennessee v. Glenn Bohanan, Jr. (Tenn. Crim. App. 2022).
State of Tennessee v. Daetrus Pilate (Tenn. Crim. App. 2016).
State of Tennessee v. Joseph A. Colwell, Sr. (Tenn. Crim. App. 2016).
State of Tennessee v. Dewayne Jones (Tenn. Crim. App. 2018).
— Tenn. Code Ann. § 39-15-302(a)(1)(b)(2) — 1 case
State of Tennessee v. Richard Higgs, Jr. (Tenn. Crim. App. 2026).
— Tenn. Code Ann. § 39-15-302(b) — 5 cases
State v. Henry, 834 S.W.2d 273 (Tenn. 1992). “Incest is presently a Class C felony, T.C.A. § 39-15-302(b) (1991), carrying a maximum imprisonment term of 15 years.”
Studdard v. State, 182 S.W.3d 283 (Tenn. 2005). “§ 39-15-302(b) (2003). The defendant executed a “Plea of Guilty and Waivers of Jury Trial and Appeal” form which stated that he was pleading guilty to the charge of incest.”
State of Tennessee v. Edward Rudolph Wyse, Jr. (Tenn. Crim. App. 2020).
Thomas Poston Studdard v. State of Tennessee (Tenn. 2005).
State v. Clayton Turner (Tenn. Crim. App. 2010).
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