Tennessee Criminal Lawyer Blog

Tennessee sex crime attorneys know that sex crime cases in Tennessee can be challenging. The stigma associated with any sex crime arrest requires the attorney to work diligently for a timely resolution. A previous blog discussed the crime of statutory rape in Tennessee. This blog discusses mitigated and aggravated statutory rape.

Statutory rape is divided into three categories in Tennessee: statutory rape, mitigated statutory rape, and aggravated statutory rape. Variances between the victim’s age and the defendant’s age are the differences between these crimes. If the difference in the age is small enough, the defendant may be charged with mitigated statutory rape. According to Tennessee law, Mitigated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim when the victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is at least four (4) but not more than five (5) years older than the victim. Tenn. Code Ann. § 39-13-506 (2007). Mitigated statutory rape is a Class E felony. Class E felonies are punishable by one to six years incarceration and a fine up to three thousand dollars ($3,000). Tenn. Code Ann. § 40-35-111 (2007).

If the difference in the age is large enough, the defendant may be charged with aggravated statutory rape. Aggravated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim when the victim is at least thirteen (13) but less than eighteen (18) years of age and the defendant is at least ten (10) years older than the victim. Tenn. Code Ann. § 39-13-506 (2007) Aggravated statutory rape is a Class D felony. Class D felonies are punishable by two to twelve years incarceration and a fine up to five thousand dollars ($5,000). Tenn. Code Ann. § 40-35-111 (2007).

If you have been charged with sexual misconduct, sexual battery, sexual battery by an authority figure, aggravated sexual battery, rape, statutory rape, aggravated statutory rape, or any other sex crime in Tennessee, contact a Tennessee sex crime attorney. Our sex crime attorneys will evaluate your case, and discuss your legal options.