Tennessee Sexual Battery and Aggravated Sexual Battery

Sexual battery and aggravated sexual battery both involve unlawful sexual contact between a defendant and victim. “Unlawful sexual contact” is defined in Tenn. Code Ann. § 39-13-501 as the intentional touching of intimate parts, or of the clothing covering the immediate area of a person's intimate parts, for sexual gratification.

Sexual battery (Tenn. Code Ann. § 39-13-505) involves unlawful sexual contact that occurs in one of four situations. First, sexual battery occurs when force or coercion is used to accomplish the contact, with coercion being the threat of kidnapping, extortion, or violence. Second, sexual battery occurs when contact was made without the consent of the victim. Third, sexual battery occurs when the defendant knew or should have known that the victim was mentally incapacitated or physically helpless. Fourth, sexual battery occurs if the contact is accomplished by fraud.

Sexual battery is a Class E felony, punishable by 1 to 6 years in prison and a fine of up to $3,000. In addition, persons convicted of sexual battery must register as sexual offenders.

Aggravated sexual battery (Tenn. Code Ann. § 39-13-504) is a more serious form of sexual battery, and involves unlawful sexual contact that occurs in one of four different situations. First, aggravated sexual battery occurs when force or coercion was used to accomplish the contact and the defendant was armed with, or made the victim believe they were armed with, a weapon. Second, aggravated sexual battery occurs when the defendant causes any bodily injury to the victim. Third, aggravated sexual battery occurs when the defendant was aided by one or more persons and either used force or coercion or knew the victim was mentally or physical disabled. Fourth, aggravated sexual battery occurs when the victim was less than 13 years old.

Aggravated sexual battery is a Class B felony, punishable by 8 to 30 years in prison and a fine of up to $25,000. In addition, persons convicted of aggravated sexual battery must register as sexual offenders.

If you have been charged for a sex offense in Tennessee, you may face serious consequences that will affect you for the rest of your life. To seek aggressive legal representation, contact the skilled Knoxville criminal defense attorneys at Baker Associates. Call us today for a free consultation of your case.