Tenn. Code Ann. » Tenn. Code / Title 40 / Chapter 17 / Part 1
Tennessee Code Annotated

Tenn. Code Ann. § 40-17-121 (2026)

Sexual penetration or contact - Victim under 13 years of age

✓ current as of May 2026
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If the alleged victim of a sexual penetration or sexual contact within the meaning of § 39-13-501 is less than thirteen (13) years of age, the victim shall, regardless of consent, not be considered to be an accomplice to sexual penetration or sexual contact, and no corroboration of the alleged victim's testimony shall be required to secure a conviction if corroboration is necessary solely because the alleged victim consented.

Acts 1991, ch. 253, § 1.

Notes of Decisions
Cited in 13 cases (1 in the last 5 years), 1994–2024 · leading case: STATE of Tennessee v. DeWayne COLLIER AKA Patrick Collier, 411 S.W.3d 886 (Tenn. 2013).
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STATE of Tennessee v. DeWayne COLLIER AKA Patrick Collier, 411 S.W.3d 886 (Tenn. 2013). · cites it 13× “1989), superseded by statute, Tenn.Code Ann. § 40-17-121, as recognized in Pitts, 1999 WL 144744 , at *6; Bethany v.”
State v. Ballinger, 93 S.W.3d 881 (Tenn. Crim. App. 2001). · cites it 2× “We do note that the legislature has determined that victims of such crimes under the age of thirteen may not be considered accomplices: If the alleged victim of a sexual penetration or sexual contact within the meaning of § 39-13-501 is less than thirteen (13) years of age, such…”
State v. Jones, 889 S.W.2d 225 (Tenn. Crim. App. 1994). · cites it 2× “Tenn.Code Ann. § 40-17-121 (Supp.1991) (emphasis added).”
State of Tennessee v. Roy Chisenhall (Tenn. Crim. App. 2004). · cites it 6× “Tenn. Code Ann. § 40-17-121 . The appellant’s argument that Tennessee Code Annotated section 40-17-121 is inapplicable because he did not assert consent as a defense is without merit.”
State of Tennessee v. Tony Thomas & LaRonda Turner (Tenn. 2024). · cites it 2× “Acts 430 (codified at Tenn. Code Ann. § 40-17-121 ). In 2013, our Court extended the changes made by the General Assembly to minors aged thirteen through seventeen, “join[ing] the vast majority of states that have addressed the issue by rejecting the application of the…”
State of Tennessee v. Dewayne Collier aka Patrick Collier (Tenn. Crim. App. 2012). · cites it 2× “T.C.A. § 40-17-121 (2006). -8- at 583. A victim consenting in response to rape, force, threats, fraud, or undue influence, however, does not voluntarily consent to the sexual conduct and is not an accomplice thereto.”
State of Tennessee v. Bennie E. Massey (Tenn. Crim. App. 2011). · cites it 2× “T.C.A. § 40-17-121 (2006). 9 generally depends on whether the individual could be indicted for the offense, whether a sex crime victim is an accomplice appears, under current law, to depend on whether the victim voluntarily consented to the sexual activity.”
State of Tennessee v. David Michael Chubb - Concurring (Tenn. Crim. App. 2007). · cites it 2× “Tennessee Code Annotated section 40-17-121 (2003), which the State relies upon as authority for the special instruction, provides: If the alleged victim of a sexual penetration or sexual contact within the meaning of § 39-13-501 is less than thirteen (13) years of age, such…”
State of Tennessee v. David Michael Chubb (Tenn. Crim. App. 2007). · cites it 2× “Tennessee Code Annotated section 40-17-121 (2003) provides: If the alleged victim of a sexual penetration or sexual contact within the meaning of § 39-13-501 is less than thirteen (13) years of age, such victim shall, regardless of consent, not be considered to be an accomplice…”
State of Tennessee v. Tim Flood (Tenn. Crim. App. 2006). · cites it 2× “Tenn. Code Ann. § 40-17-121 (2003). In the present case, the defendant’s challenge to evidence sufficiency is grounded in his claim that substantial evidence belied the victim’s allegations, especially the claim that he sexually penetrated her on the day of the kite mishap and…”
State of Tennessee v. David Richardson (Tenn. Crim. App. 2014). · cites it 2× “The court gave the aforementioned instruction based on Tennessee Code Annotated section 40-17-121, which provides: If the alleged victim of a sexual penetration or sexual contact within the meaning of § 39-13-501 is less than thirteen (13) years of age, such victim shall,…”
State v. Charles Arnold Ballinger (Tenn. Crim. App. 2000). · cites it 2× “We do note that the legislature has determined that victims of such crimes under the age of thirteen may not be considered accomplices: -4- If the alleged victim of a sexual penetration or sexual contact within the meaning of § 39-13-501 is less than thirteen (13) years of age,…”
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