Tennessee Sexual Battery by an Authority Figure
Under Tenn. Code Ann. § 39-13-527, sexual battery by an authority figure is considered a violent sexual offense, and is laid out as a separate offense from traditional sexual battery. In order to have a charge for sexual battery by an authority figure, an unlawful sexual contact must occurs, and the proper criteria must be satisfied for both the defendant and victim.
With regards to the victim, one of two criteria must be satisfied in order to have a charge of sexual battery by an authority figure. Either the victim must, at the time of the offense, have been between the ages of 13 and 18, or the victim must, at the time of the offense, have been either mentally defective, incapacitated, or physically helpless. If the victim was deemed mentally or physically incapacitated, their age will be irrelevant.
Once the status of the victim has been determined, it must then be established that the defendant was an authority figure. Under Tennessee, law, there are two ways that the defendant could be considered an authority figure. First, if the defendant was, at the time of the offense, in a position of trust or had supervisory or disciplinary power over the victim, then the defendant may be an authority figure.
This power would have to be obtained because of the defendant’s legal, professional or occupational status over the victim, and that authority must have been used to accomplish the sexual act. Second, if the defendant had, at the time of the offense, parental or custodial authority over the victim and had used that authority to accomplish the sexual act, then the defendant may be an authority figure.
Sexual offenses in Tennessee by an authority figure is Class C felony, punishable by 3 to 15 years in prison as well as a fine of up to $10,000. In addition to incarceration, persons convicted of sexual battery by an authority figure are required to register as sexual offenders with the Tennessee Bureau of Investigation.
If you have been accused of sexual battery as an authority figure, it may be in your best interest to seek legal counsel and aggressive representation. The top Tennessee criminal defense lawyers at Baker Associates have the knowledge and experience you need to defend your rights in court. Call today for a free consultation.
Bookmark: 
