Tennessee Criminal Lawyer Blog

Tennessee criminal defense attorneys realize the negative implications of any sex crime arrest. It is important for these types of cases to be dealt with swiftly, but cautiously for a positive resolution. Sex crime cases almost always present high emotions combined with significant public interest. The offense of Incest in Tennessee is considered one of the more serious sex crimes.

Under Tennessee’s sex offender registration act, a conviction of Incest forces the offender into the violent sexual offender category. The act makes a distinction between sexual offenders and violent sexual offenders. The violent classification has certain legal consequences and is considered more serious than sexual offenders. Under Tennessee law, a person commits incest who engages in sexual penetration with a person, knowing the person to be, without regard to legitimacy:

• The person's natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child; or

• The person's brother or sister of the whole or half-blood or by adoption.

Incest is a Class C felony. Tenn. Code Ann. § 39-15-302 (2007).

"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, or any other person's body, but emission of semen is not required. Tenn. Code Ann. § 39-13-501 (2007).

The Tennessee incest law now forbids a wider range of relationships than did prior incest laws by adding adoptive and step-parent and step-child relationships. This change was made to promote family solidarity by prohibiting relationships with anyone with parental authority which may be abused to sexual ends.

If the sexual penetration is nonconsensual, the offender could be charged with rape or aggravated rape. If one of the parties is a minor who is legally incapable of consenting, the offender may be charged with statutory rape despite consent being given. If you have been charged with any sex crime including incest, contact a Tennessee criminal defense lawyer. Our office handles sex crime cases in Knoxville, Nashville, Johnson City, Sevierville, Chattanooga, Greenville, Morristown, and Maryville.