Tennessee Criminal Lawyer Blog

Forty-three year old Steven Blaine Church of Greeneville pleaded guilty in U.S. District Court Thursday to distributing child pornography. He reportedly faces up to twenty years in prison, heavy fines, and a possible lifetime of supervised release. Church’s distribution of the illegal material was discovered by the FBI’s Innocent Images Project which is an initiative that the FBI started in 1995 to combat the proliferation of child pornography. That initiative has expanded recently to include undercover operations where FBI agents assume fictitious screen names and ages in order to lure sex predators and child pornography distributors into online relationships and gather evidence against them. Such undercover operations are becoming an increasingly prevalent source of sex offense charges nationwide.

Continue reading "East Tennessee Man Pleads Guilty to Distributing Child Pornography" »

A myriad of new laws took effect in Tennessee on July 1, 2010, many of which deal directly with criminal law and defendants' rights. One such law will strengthen Tennessee's already burdensome restrictions that are placed on persons found guilty of sexual offenses. Under the old Tennessee Code, an exception to the restrictions placed on registered sex offenders was carved out allowing registered sex offenders to visit the grounds of a school, day care, child care establishment, park, playground or recreation center as a parent or legal guardian of a child who was enrolled and participating in the conference or other scheduled event hosted by the facility or location. This exception applied to all registered sex offenders unless a minor victim of the offense committed by that offender would also be attending that same function in which case the offender was prohibited from attending. This basically allowed offenders to take their children to school and attend events such as school plays and parent-teacher conferences for the purpose of supporting the education of their children.

Under the new law, it becomes tougher for sex offenders to attend these events. The new law requires the offender to have written permission from the school's principal or the administrator of the facility at which the event is being held. There is no wording in the statute that gives any indication that the principal or administrator has to have good cause to deny permission to an offender seeking it under this section, leaving open the possibility that sex offenders may be denied from participating in the school functions of their children based solely on their status as sex offenders. The bright side to this new law is that it also provides that an offender can only be punished with a fine if he or she violates this statute by virtue of not having obtained written permission to be at the event or location. This law is one of many newly effective laws in Tennessee that will make life tougher on Tennesseans convicted of crimes. Some other such laws will be examined in future blogs.

Elevator rides are often uncomfortable experiences. For instance, you may find yourself sharing an elevator with someone who smells particularly bad, someone who makes an awkward attempt at conversation, or even a whole group of people who are sandwiched in like sardines. And of course, there’s the occasional elevator ride you have to worry about where you find yourself alone with a completely nude woman armed with a toy gun. If the last scenario has never happened to you, then you probably weren’t at the Hilton Hotel and Spa in Richmond, Virginia last Friday night where a twenty-five year-old woman was apparently found in an elevator minus clothing and plus a weapon by a hotel employee. When the employee asked the woman to leave the hotel, she reportedly pulled the weapon on him, which turned out to be a cap gun. She was arrested and charged with indecent exposure and brandishing a weapon.

In Tennessee, a person can be charged public indecency (which is contained in the same statute as indecent exposure) if he or she “appears in a state of nudity” in public. The exact definition of “nudity” can be found in T.C.A. § 39-13-511(a)(2)(A) for those who are curious, but it is sufficient to say that a person is in a state of nudity in public if they appear with genitals or other private areas visible. A decent rule of thumb is that if you appear in such a manner that you couldn’t be shown on a network TV show, you may be in violation of this statute. A first or second violation of this statute is a Class B misdemeanor, punishable by a $500 fine but no jail time. A third or subsequent violation is a Class A misdemeanor, punishable by a $1,500 fine and up to eleven months and twenty-nine days of incarceration.

As shown above, a public indecency charge can have substantial consequences depending on the suspect’s criminal history. Persons who are facing such a charge should contact a skilled criminal defense attorney who can help them obtain a favorable resolution in their case.

Source: http://www.downtownshortpump.com/2010/03/29/woman-arrested-for-being-nude-brandishing-weapon-in-hilton-hotel/

Sexual exploitation of a minor is a crime that works to criminalize the production of child pornography, and is one that seems to be occurring with increasing frequency in Tennessee and around the country. Tennessee’s statute codifying especially aggravated sexual exploitation of a minor, T.C.A. §39-17-1005, reads in pertinent part:
(a) It is unlawful for a person to knowingly promote, employ, use, assist, transport or permit a minor to participate in the performance of, or in the production of, acts or material that includes the minor engaging in:

(1) Sexual activity; or

(2) Simulated sexual activity that is patently offensive.

(b) A person violating subsection (a) may be charged in a separate count for each individual performance, image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation.

Thus, the statute not only makes it a crime to engage in any of the six types of activity listed in T.C.A. §39-17-1005(a) but also provides that a person charged with the offense can be charged with a separate count for every single image, video, or other representation of child pornography in their possession, meaning that one individual could potentially be looking at hundreds of felony charges based on the amount of child pornography that is in his or her possession. Especially aggravates sexual exploitation of a minor is a Class B felony, punishable by up to thirty years in prison and a fine of $25,000.

One ray of hope for a defendant facing such charges is the fact that evidence such as child pornography that is seized from a defendant’s computer or home may be subject to suppression if the search that led to the seizure of the evidence was unconstitutional. Simply put, law enforcement officers must either have (1) consent by a person entitled to give consent to search the property or (2) a valid search warrant supported by an affidavit showing probable cause that evidence of the crime will be found in the place to be searched. Whether a search was in fact unconstitutional will depend on the circumstances of the case, but if the search is deemed unconstitutional it is possible that the entirety of the evidence of the defendant can be suppressed, leaving no such evidence available for use by the prosecution at trial.

Now we know what Santa Claus does when he’s not engaging in his annual, worldwide, day-long burglary spree under the pretense of bringing toys to children: possessing and distributing child pornography. Well, that is at least what one Santa Claus from New Jersey does in his spare time as evidenced by his recent guilty plea entered in federal court in New Jersey to a multitude of child sex charges. The New Jersey man, who played Santa Claus at events like parties and bar mitzvahs, admitted to possessing and distributing child pornography and traveling to Thailand three times to have sex with boys as young as six years old, was sentenced to approximately twenty years in prison this past Monday for his involvement in what was discovered to be an international sex tourism ring. Not helping his cause was the fact that he led authorities on an international manhunt before being arrested in 2008. There has been no word as to what will become of the man’s reindeer and workshop full of toys.

The charges relating to the international sex tourism ring are charges that would be rooted in federal law and thus have no practical equivalent in Tennessee law. However, encouraging or forcing a minor to engage in the production of child pornography is contemplated by Tennessee law and can lead to substantial prison time. Intentionally commanding, persuading, hiring, inducing or otherwise causing a minor to participate in actual or simulated sexual activity that is patently offensive (as almost any sexual activity engaged in by a minor will be) is a Class B felony in Tennessee, punishable by up to thirty years in prison and a twenty-five thousand dollar fine.

Continue reading "Santa Claus Pleads Guilty on Child Pornography Charges" »

In what can only be described as a bizarre occurrence, five men in the same family in Missouri were recently arrested and charged with a litany of sexual crimes against children. Some of the charges were especially heinous and include forcible sodomy, rape of a child less than twelve, and use of a child in a sexual performance. The men are also accused of bestiality and forcing an eleven year-old to have an abortion. While there are a plethora of legal issues presented by sexual crimes against children, this article will focus on a single aspect of such behavior: the role of age in enhancing criminal offenses.

Tennessee’s equivalent to the charge of rape of a child less than twelve is found in T.C.A. section 39-13-522, Tennessee’s rape of a child statute. This statute holds that a person commits rape of a child when they unlawfully sexually penetrate a child who is between the ages of three and thirteen. This offense is a Class A felony which is normally punishable by fifteen to sixty years of imprisonment. However, the child rape statute provides that in no case shall anyone convicted of this offense be sentenced to less than twenty-five years, effectively making it a twenty-five to sixty year sentence. Contrast this with the offenses of rape and aggravated sexual battery (Class B felonies) and even second-degree murder (a Class A felony with no mandatory twenty-five year minimum) and one can see that Tennessee has a public policy of considering sexual offenses especially heinous when the victim is younger than thirteen.

Continue reading "Five Men in Same Family Charged with Child Sex Crimes" »

The internet has become a phenomenally effective medium for advertising products and services for many businesses around the globe. Facilitating this effectiveness are websites like EBay and Craigslist which allow their users to advertise or attempt to sell their products at an extremely low cost relative to advertising or selling via other methods while still reaching millions of potential customers. Thus, if you are trying to sell clothing, you will want to find an e-commerce site such as these and attempt to sell your product. If you are trying to sell your body, however, it is probably best not to advertise your services via the World Wide Web.

Authorities say a woman who lives in a Philadelphia suburb did something of the sort, advertising on Craigslist in an effort to trade sexual services for World Series tickets. Her ad apparently stated that she was a Phillies fan, a buxom blonde, and desperately in need of two World Series tickets. The ad also indicated that the price was negotiable and hinted at creative solutions where the exchanging parties could “help each other.”An undercover police officer contacted the woman after seeing the article and alleges that she did indeed offer to perform various sexual acts in exchange for the tickets. She was consequently charged with prostitution and other related offenses.

Prostitution is defined in the Tennessee Code as “engaging in, or offering to engage in, sexual activity as a business or being an inmate in a house of prostitution or loitering in a public place for the purpose of being hired to engage in sexual activity.” Thus, whether or not the lady would have been guilty of prostitution as a sex crime in Tennessee would turn on whether or not her offering sexual favors for sporting events tickets would be considered “a business” in Tennessee.

Continue reading "Woman Tries Her Hand at Harlotry to Obtain World Series Tickets" »

People frequently classify themselves as “animal lovers,” but a man from Maury County, Tennessee was recently arrested for taking that concept a little too far. According to police, the man was arrested after investigators learned he was having sex with horses on a farm owned by another person, who was also arrested and charged with animal cruelty. Authorities believe the man is involved in bestiality pornography and could have been having sex with the animals in order to obtain photos of the act. This is not the first time the man has been charged in connection with such activity, as he was arrested in 2005 for filming another man (who actually died from internal injuries related to the incident) having sex with a horse.

Sex with animals in Tennessee is criminalized under Tenn. Code Ann. Section 39-14-214(a) which states that a person is committing a sex offense in Tennessee when he or she:

1. “Engages in any sexual activity with an animal;


2. Causes, aids, or abets another person to engage in any sexual activity with an animal;


3. Permits any sexual activity with an animal to be conducted on any premises under the person's charge or control;


4. Engages in, organizes, promotes, conducts, advertises, aids, abets, participates in as an observer, or performs any service in the furtherance of an act involving any sexual activity with an animal for a commercial or recreational purpose; or


5. Photographs or films, for purposes of sexual gratification, a person engaged in a sexual activity with an animal.”

Violation of this subsection is a Class E Felony, punishable by up to six years in prison and a fine not to exceed $3,000. In addition, the statute grants the court the power to order the offender to participate in counseling at the offender’s expense and the power to order the offender to reimburse any animal shelter or humane society for the costs incurred in caring for animals taken to those organizations as a result of the offender’s conduct. The court may also prevent the offender from harboring any animals or residing in a household where animals are present. Having sex with animals is not only unsafe from a medical standpoint, it is forbidden by Tennessee law. Such conduct should be avoided, as the consequences are severe.

The concept of the plea bargain is one that is at the forefront of criminal law today. Inherent in plea bargaining is the concept of negotiation, and, like in any negotiation, the concept of leverage is critical to the plea bargaining process. Leverage in plea bargaining can take many forms, but as this example will show, a major source for defense lawyers is a pitiable client.

An 85 year-old man from Clarksville, TN was recently charged with raping a mentally disabled victim who was between the ages of thirteen and eighteen. Despite the fact that an eyewitness saw the man inappropriately touching the girl and that some believe the victim could have testified to the rape in Tennessee, the district attorney’s office offered the man a best interest plea to sexual battery, which he accepted. He was thus sentenced to a total of five years probation. The district attorney’s office cited a lack of evidence and the victim’s physical condition as reasons for the offer.

The circumstances of the case would seem to indicate that the offender’s physical condition and advanced age played a much greater role in the offer than the lack of evidence. Robert Nash, the assistant district attorney was quoted as saying "He's an 85-year-old man with serious heart troubles […] [W]e couldn't prove the rape allegations. We just couldn't do it." Nash also said the victim’s disability might have presented problems with testimony. However, Tennessee Rule of Evidence 601 provides that every person is presumed competent to be a witness unless otherwise provided by law, and there is no rule or law that would have prevented the victim in this case from testifying as a competent witness. The Clarksville Police Detective who investigated the incident took a different view, saying "I completely disagree that the evidence could not have been proven, […] I feel as though the eyewitness would've supported the evidence." The evidence certainly seemed adequate to proceed with the case given that the victim and an eyewitness could testify to the alleged behavior, and it is telling that Nash qualified his explanation of the inability to prosecute the case by referring first to the victim’s physical condition.

Continue reading "Using Age as Leverage" »

When preparing to meet a long-lost biological parent for the first time, a child who was previously given up for adoption would presumably try to prepare themselves for all of the possible outcomes of the meeting. The reunion could be a joyous one where the child and the parent reconnect and begin making up for lost time. The reunion could also be an awkward one, where the two discover that they lack any sort of personal connection whatsoever. Or, as a child in Michigan recently experienced, the reunion could be part of a bizarre scheme by the parent to seduce and rape their own biological child.

Michigan police say a thirty-five year-old mother who gave her son up for adoption more than a decade ago recently used the internet to track him down, seduce him, and rape him. She has been arraigned on three charges of criminal sexual conduct for raping her biological son, who is only ten years-old. The mother maintains her innocence and is currently awaiting trial. Mental health experts consulted for comment about the case described the conduct as “an abomination” and voiced their concerns that the repercussions of the conduct may have long-lasting effects on the minor child.

Under Tennessee law, the mother could be faced with a litany of charges, the most serious being rape of a child under T.C.A. section 39-13-522. Rape of a child is defined as “unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is more than three (3) years of age but less than thirteen (13) years of age.

Continue reading "Mother Tracks Down, Rapes Son" »

Two mothers were recently arrested in New York for entering a written agreement to allow one mother’s thirteen year-old daughter to be romantically involved with the other mother’s nineteen year-old son. The purpose of the pact was to avoid statutory rape charges in the event that the girl became pregnant. While the mothers probably thought this was an effective way to facilitate such a relationship, the State of New York did not agree, and the two mothers were arrested and charged with child endangerment. Likewise, the nineteen year-old male was arrested and charged with several counts, including second-degree rape. Clearly, New York law does not allow either the consent of the victim or the victim’s guardian to legalize what would otherwise be an illegal relationship.

Tennessee law takes an identical stance with regard to issues of consent to statutory rape. The Tennessee statutory rape statute, T.C.A. section 39-13-506, only considers three factors in defining and classifying statutory rape (whether sexual penetration occurred, the age of the victim, and the age of the offender in relation to the age of the victim) and consent is markedly absent. This statute demonstrates that the clear public policy of the State of Tennessee is to protect minors who may be more easily influenced or may not understand the ramifications of their sexual conduct from abuse at the hands of those who may seek to exploit them.

Tennessee recognizes that a four or five year age difference can be significant in terms of mental and emotional maturity among adolescents, opening up the possibility that the older person in a relationship may be ready to engage in and cope with conduct in which their younger partner is not ready to participate. Given this focus placed on the potential immaturity of the victim, Tennessee has chosen not to consider that the victim may consent to the behavior as such consent could also be borne out of the same mentality.

Continue reading "Statutory Rape: Issues of Consent" »

Every year a news story hits the national airwaves about a person who unlawfully enters school premises to commit a crime. Sometimes the crime committed is sexual assault and, at other times, the crime is distribution of controlled substances.

Just this year, Jackson, Michigan, made national news after a man unlawfully entered onto the school grounds of a local middle school and allegedly attempted to sexually assault a female student. Based on video surveillance footage, a 27-year old male waited at the locked entrance to the school’s music room, waited until someone opened the door, entered, walked directly into a female restroom, and accosted the female victim. The man was charged with assault with intent to commit sexual penetration and second-degree criminal sexual conduct.

In Tennessee, under TCA 49-6-2008, the alleged perpetrator could also be charged with unlawful entrance upon school premises. The language of the statute reads: “[i]n order to maintain the conditions and atmosphere suitable for learning, no person shall enter onto school buses, or during school hours, enter upon the grounds or into the buildings of any school, except students assigned to that bus or school, the staff of the school, parents of students, and other persons with lawful and valid business on the bus or school premises.”

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Whether sent by mail or by computer, distribution of child pornography is a federal crime and a sex crime in Tennessee.

Under 18 USCS § 2252A, it is unlawful for any person to knowingly mail, ship or distribute child pornography using any means including a computer. It is also a crime to knowingly reproduce or copy child pornography for distribution through the mail or by computer.

A person accused of distributing child pornography has available to him certain affirmative defenses. Basically, an affirmative defense is when you admit the material allegations of the prosecution’s complaint but provide additional facts establishing some legal justification or excuse for engaging in the otherwise unlawful act. For charges of distribution of child pornography, it is an affirmative defense that all persons used during the production of the alleged child pornographic material were 18 years of age or older.

The consequences for child pornography are quite severe. For the first offense, the minimum sentence is five years in prison, and the maximum sentence is 20 years. However, if the defendant had been convicted of a sexual offense prior to the current charges, then the minimum sentence is increased to 15 years with a maximum of 40 years. Fines, probation and supervised release may also be involved.

Simply being charged with a sex crime can have a devastating impact on your career and reputation. As with any sex crime offense in Tennessee, it is important that you act fast and hire an experienced attorney who can mount a strong defense. At Baker Associates, our skilled Knoxville criminal defense attorneys have that experience and can assist you in reaching the best possible solution to the charges levied against you. If charged with a sex crime in Tennessee, please give us a call.

On June 2, 2009, a Rogersville, Tennessee, woman testified before a jury that a former Hamblen county Sheriff’s Office Deputy, Dexter L. Morris, raped her in the back of his police cruiser. According to the prosecution, Deputy Morris stopped the victim’s vehicle and ordered her boyfriend to walk home after finding some marijuana. The deputy then allegedly coerced her into having intercourse with him after he threatened her with Tennessee drug possession charges and getting her fired from her job.

If these allegations are true, then the deputy will likely be convicted of rape or aggravated rape. Under T.C.A. § 39-13-503, rape involves the unlawful sexual penetration of a victim by the defendant if the act is accompanied, among other things, by coercion or is otherwise accomplished without the consent of the victim and the defendant had reason to know that the victim did not consent. Thus, under the allegations, it looks like the deputy used his power as a police officer to coerce the victim into having sex with him.

The attorney for the deputy countered with the affirmative defense of consent. Under this defense, the defendant basically admits to having sexually penetrated the alleged victim but asserts that the sexual act was performed with the explicit or implicit consent of the alleged victim. According to the Knoxville News Sentinel, the attorney for the defendant’s theory of the case is that the deputy was not acting as a lawman “flexing his legal might but a man enjoying an illicit tryst with a willing partner.”

This case illustrates what often occurs in Tennessee sex crime cases: the alleged victim’s credibility is pitted against the credibility of the defendant. Such physical evidence as DNA and other forensic evidence, therefore, becomes exceedingly crucial in mounting an effective defense. Moreover, proof of consent requires having an attorney who is skilled in argumentation and who has access to, and makes the best use of, psychologists, character witnesses, and expert private investigation services.

The mere accusation of rape can have a devastating impact on a person’s life in terms of reputation and the ability to keep or get a job. A conviction of a rape also carries extensive jail time, fines and the possibility of having to register as a sex offender. Consequently, if you have been charged with a rape-related offense in Tennessee, it is important that you act quickly by calling an experienced Knoxville criminal defense attorney today.

On January 14, 2009, the Tennessee Criminal Court of Appeals had an opportunity to revisit the law on the voluntariness of a guilty plea. In Shockley v. State of Tennessee, a Davidson county grand jury indicted the petitioner/defendant on four counts of rape of a child and nine counts of aggravated sexual battery. Under a plea agreement, the defendant pled guilty to only four counts of aggravated sexual battery in Tennessee. The trial court then imposed an effective sentence of sixteen years in prison.

After sentencing, the defendant petitioned for post-conviction relief claiming that his guilty plea was not knowingly and voluntarily entered because he had taken Zoloft, Xanax, and Ambien prior to the plea hearing. The Court, however, rejected the defendant’s petition because there was no evidence other than the defendant’s testimony that he had taken the prescription drugs. Moreover, the record of the sentencing hearing showed that defendant represented on several occasions that he understood the nature and consequences of his guilty plea.

Post-conviction relief in Tennessee describes the many laws that can help you after your conviction. The Tennessee code states that post-conviction “relief…shall be granted when the conviction or sentence is void or voidable because of the abridgment of any right guaranteed by the Constitution of Tennessee or the Constitution of the United States.”

Pursuant to this Tennessee criminal law, a person who pleads guilty must do so voluntarily and with knowledge of the consequences that are involved with such a plea. In reviewing the voluntariness of a guilty plea a court must look at the totality of the circumstances. The circumstances relevant to a guilty plea include:

• the relative intelligence of the defendant;
• the degree of his familiarity with criminal proceedings;
• whether he or she was represented by competent counsel and had the opportunity to confer with counsel about the options available to him;
• the extent of advice from counsel and the court concerning the charges against him or her; and
• the reasons for his or her decision to plead guilty, including a desire to avoid a greater penalty that might result from a jury trial.

Although the court ruled otherwise, it seemed as though the defendant was not fully apprised of the full breadth of the consequences of his plea. At Baker Associates, our skilled Gatlinburg criminal defense attorneys work hard to help you understand the issues involved in your case, including the consequences of a plea. If you have been charged with a crime, or convicted of a crime and seeking post-conviction relief, don’t hesitate to call 866-853-2888 for a complete case evaluation.

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.

Continue reading "Tennessee Sexual Battery by an Authority Figure" »

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.

Continue reading "Tennessee Sexual Battery and Aggravated Sexual Battery" »

Solicitation of a minor in Tennessee is found in Tenn. Code Ann. § 39-13-528. Under this section, it is a crime for a person over the age of 18 to use oral, written or electronic communication to try to persuade a person that they know, or should know, is under the age of 18, or a law enforcement officer posing as someone under the age of 18, to engage in a sexual act.

In order to be convicted of solicitation, the defendant must have been attempting to solicit some activity that has been made criminal. Under this code section, there is a list of nine different crimes involving minors for which a defendant can be charged with solicitation. Among these crimes are rape, statutory rape, and sexual battery.

One of the catches that comes with solicitation charges is that the solicitation does not have to be successful in order for a defendant to be charged. Therefore, even if the recipient denies the advances, the defendant may still be charged with solicitation.

Continue reading "Tennessee Solicitation of a Minor" »

The Adam Walsh Act, passed by Congress in 2006, is to be implemented for Tennessee sex crime offenders this year. This Act fundamentally changes the rules regarding sex offender registration in the state.

The most important way that the Adam Walsh Act will change sex offender registration in Tennessee is that it changes the system used to determine the length of registration. Under existing Tennessee registration requirements, offenders are required to register based upon the probability that they will recommit a sex crime. After 10 years of registering, an offender may petition to terminate their participation in the registration program. The Tennessee Bureau of Investigation will review the offender’s file and make a determination as to whether that person is likely to recommit. Upon this determination, they will either grant or deny the petition. If a person has committed more than one sex offense, or has committed a violent sex crime in Tennessee, they may be required to register for life.

The Adam Walsh Act establishes a “tier” system for registrants, which is based upon the severity of their crime. Tier I crimes are deemed to be the least severe, and require registration for 15 years. Tier II crimes are considered more severe, and require registration for 25 years. Tier III crimes are considered to be the most severe, and require registration for life.

The Adam Walsh Act will also change the frequency with which many offenders must update their status. The current Tennessee system requires that all offenders must update their status once per year. Under the Adam Walsh Act, Tier I offenders will still have to update every year, but Tier II offenders will have to update every 6 months. Tier III offenders must update every 3 months, under the Act.

One minor change in the transition to the Adam Walsh Act is the time within which an offender must register. Under the current system, an offender must register within 48 hours of release or arrival in Tennessee. The Adam Walsh Act requires offenders to register within 3 days, giving offenders an extra day than they previously had.

Tennessee computer sex crimes generally fall within two categories: solicitation and sexual exploitation. Though these crimes existed prior to the popularization of the Internet, their prevalence has skyrocketed since.

T.C.A. § 39-13-528 defines solicitation of a minor as the intentional commanding or inviting of a minor, by means of oral, written or electronic communication, electronic mail or Internet services, to engage in sexual activity with a person over the age of 18. It applies when an adult knows or reasonably should know that the person they are soliciting is under the age of 18. It is not required, however, that the person they are soliciting is actually under the age of 18. This is often the case when an individual attempts to solicit a law enforcement officer who is posing as a minor. Most cases of solicitation are felonies, with the classification being one level below the actual offense solicited. For instance, rape of a child is a Class A felony, so solicitation of that crime would be a Class B felony.

T.C.A. § 39-17-1003 defines sexual exploitation as the knowing possession of material that includes a minor engaging in sexual activity or simulated sexual activity. These materials are what are commonly referred to as child pornography. Sexual exploitation becomes a computer sex crime in Tennessee when the pornographic materials are stored on an individual’s computer. An individual may be charged with a separate count of exploitation for every piece of pornography they possess, including individual images. Though sexual exploitation of a minor is a class D felony, an individual possessing more than 50 individual pieces of pornography will be charged with a Class C felony. If the number of individual pieces exceeds 100, the offense is a Class B felony. Aggravated sexual exploitation, a Class C felony, is charged against those who distribute child pornography. This often includes distribution over the Internet. Especially aggravated sexual exploitation, a Class B felony, is charged against those who are involved in the production of child pornography.

Each Tennessee criminal defense attorney at Baker Associates understands the intense emotions surrounding sex crimes like; statutory rape, sexual battery, sexual assault, and other serious charges. If you have been charged with statutory rape or any other sex crime, contact the Tennessee law offices of Baker Associates for an important consultation.

Tennessee sex crime attorneys have helped many clients charged with sex offenses throughout the East Tennessee area. Our Tennessee sex crime lawyers are experienced and understand how to handle these types of cases. The consequences of most sex crime convictions can be severe. A conviction could lead to loss of your freedom and/or embarrassing registration requirements. Even unsubstantiated accusations of any sex crime can ruin your life. It could negatively affect your employment and your relationships with friends and family.

Aggravated rape of a child is one of the most serious crimes in the State of Tennessee. Aggravated rape of a child is a Class A felony and shall be sentenced within Range III, as set forth in title 40, chapter 35. It is a violent sexual offense under the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification, and Tracking Act of 2004. This means that a conviction not only leads to a lengthy incarceration period, but registration requirements for life.

The main difference between rape of a child and aggravated rape of a child is the victim’s age. Aggravated rape of a child is the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is three (3) years of age or less. Tenn. Code Ann. § 39-13-531. "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

If you are being accused of any sex crime, contact a Tennessee sex crime attorney immediately. All initial consultations are free. We will be happy to evaluate your case. Our firm services Knoxville, Sevierville, Maryville, Morristown, Nashville, Newport, Chattanooga, Johnson City, Greeneville, and Loudon.

Tennessee sex crime attorneys defend people charged with sex crimes in a respectful and confidential manner. Given the public stigma attached to a sex crime, it seems like people are often presumed to be guilty. Prosecutors sometimes charge a person with a sex crime with little or no factual evidence.

If you are charged with a sex crime in Tennessee, protect your rights by contacting a sex crime lawyer for a free initial consultation. Many times, these charges come down to circumstantial evidence. Our firm handles sex crimes cases including charges of:

• Rape
• Statutory Rape
• Sexual Battery
• Indecent Exposure
• Exploitation of a Minor by Electronic means

False accusations of any sex crime will cause a disaster in your life. When facing such allegations, you need an attorney to defend you aggressively. Given the fact that you may face time in prison and a long-lasting societal stigma, it is important to know that your lawyer will work diligently for you.

You deserve an aggressive advocate who is on your side. Call for a free initial consultation with an experienced lawyer about your case. Tennessee criminal defense lawyers handle sex crime cases in Knoxville, Sevierville, Nashville, Chattanooga, Johnson City, Morristown, Newport, Alcoa, Loudon, Gatlinburg, and Maryville.

Tennessee Sex Crime Lawyers have helped many people charged with sex-related crimes throughout the East Tennessee area. If you have been charged with a sex crime in Tennessee, or believe that you may be charged with a sex crime in the near future, contact a Tennessee Sex Crime Attorney today. It is important you understand your rights and the potential penalties you face.

Any form of rape is a serious sex crime. In Tennessee, there are different types of statutory rape. Statutory Rape by an authority figure is an extremely serious sex offense, and is considered to be a violent sex offense under the law. This means that if you are convicted of this offense, you will have to register as a sex offender for life in Tennessee. Statutory rape by an authority figure is a Class C felony. Class C felonies are punished between 3 and 15 years incarcerated and/or up to a $10,000 fine. Additionally, no person who is found guilty of or pleads guilty to statutory rape by an authority figure is eligible for probation.

According to T.C.A. § 39-13-532, Statutory rape by an authority figure 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;

• The defendant is at least four (4) years older than the victim; and

• The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the sexual penetration; or

The defendant had, at the time of the offense, parental or custodial authority over the victim and used the authority to accomplish the sexual penetration.

Sex offenses involving minors elicit much public outrage and condemnation. The accused is typically presented as leading a double life and as being unworthy of basic constitutional freedoms. Our attorneys know how to handle these types of cases. If you are confronted with the prospect of a lengthy prison sentence and a lifetime of monitoring and registration, contact a sex crime defense lawyer who is willing to fight for you. Our lawyers work across East Tennessee in cities such as Sevierville, Knoxville, Greeneville, Johnson City, Nashville, Loudon, Maryville, Newport, Morristown, Alcoa, and Bristol.

Tennessee sex crime attorneys know that the penalties are serious for any sex crime conviction. If you are convicted of a sex crime, you will be classified as either a sexual offender or violent sexual offender. A major difference between these two categories is the length you will have to register for the Tennessee Sexual Offender Registry.

The classification of the offender determines the length of the registration requirement. If you are a convicted sexual offender, you may be able to file a request to terminate the registration requirements after a period of time. You typically may file your request 10 years after termination of active supervision on probation, parole or any other alternative to incarceration, or 10 years after discharge from incarceration without supervision.

If you are a convicted violent sexual offender, the registration period is for life.

"Violent sexual offender" means a person who has been convicted in Tennessee of committing a violent sexual offense or has another qualifying conviction;

"Violent sexual offense" means the commission of any act that constitutes the criminal offense of:

• Aggravated rape, under § 39-2-603 [repealed] or § 39-13-502;

• Rape, under § 39-2-604 [repealed] or § 39-13-503;

• Aggravated sexual battery, under § 39-2-606 [repealed] or § 39-13-504;

• Rape of a child, under § 39-13-522;

• Attempt to commit rape, under § 39-2-608 [repealed];

• Aggravated sexual exploitation of a minor, under § 39-17-1004;

• Especially aggravated sexual exploitation of a minor under § 39-17-1005;

• Aggravated kidnapping where the victim is a minor, under § 39-13-304, except when committed by a parent of the minor;

• Especially aggravated kidnapping where the victim is a minor, under § 39-13-305, except when committed by a parent of the minor;

• Sexual battery by an authority figure, under § 39-13-527;

• Solicitation of a minor, under § 39-13-528 when the offense is classified as a Class B or Class C felony;

• Spousal rape, under § 39-13-507(b)(1) [repealed];

• Aggravated spousal rape, under § 39-13-507(c)(1) [repealed];

• Criminal exposure to HIV, under § 39-13-109(a)(1);

• Statutory rape by an authority figure, under § 39-13-532

• Criminal attempt, under § 39-12-101, to commit any of the offenses enumerated above;

• Solicitation, under § 39-12-102, to commit any of the offenses enumerated above;

• Conspiracy, under § 39-12-103, to commit any of the offenses enumerated above;

• Criminal responsibility, under § 39-11-402(2), to commit any of the offenses enumerated above;

• Facilitating the commission, under § 39-11-403, to commit any of the offenses enumerated above;

• Being an accessory after the fact, under § 39-11-411, to commit any of the offenses enumerated in this subdivision (28);

• Incest, under § 39-15-302; or

• Aggravated rape of a child under § 39-13-531;

If you are charged with committing a sex crime, do not hesitate in contacting a Tennessee sex crime lawyer. Your freedom and reputation are in jeopardy. Our sex crime attorneys have handled numerous sex crime cases in the East Tennessee area and understand the intricacies involved in these types of cases. All initial consultations are free. Our firm works in the following counties: Sevier, Anderson, Blount, Bradley, Campbell, Claiborne, Cocke, Cumberland, Fentress, Giles, Grainger, Greene, Hamblen, Hamilton, Hancock, Hawkins, Jefferson, Johnson, Knox, Loudon, McMinn, Monroe, Morgan, Polk, Roane, Sevier, Scott, Sullivan, Unicoi, Union, and Washington.

Tennessee sex crime lawyers understand that even an unsubstantiated accusation of any sex offense will have serious consequences. Sex crimes create a harsh and unforgiving social-stigma associated with the offender that is difficult to repair. Accusations can severely impact your reputation in the community, employment, and family. If you are convicted, you face not only the possibility of incarceration, but also embarrassing registration requirements.

The registration requirement for convicted sex offenders is the modern-day Scarlet Letter. Convicted sex offenders must be on the sexual offender registry pursuant to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification, and Tracking Act 2004. The offender will be forced to check in with his or her local law enforcement agency periodically and be subjected to having his or her photograph placed upon a public website. The frequency and length of reporting depends upon the person’s classification as either a sexual offender or violent sexual offender. It is important to realize that these are two distinct categories under Tennessee law.

"Sexual offender" means a person who has been convicted in Tennessee of committing a sexual offense or has another qualifying conviction.

"Sexual offense" means:

(A) The commission of any act that, on or after November 1, 1989, constitutes the criminal offense of:

• Sexual battery, under § 39-13-505;

• Statutory rape, under § 39-13-506, if the defendant has one (1) or more prior convictions for mitigated statutory rape under § 39-13-506(a), statutory rape under § 39-13-506(b) or aggravated statutory rape under § 39-13-506(c);

• Aggravated prostitution, under § 39-13-516;

• Sexual exploitation of a minor, under § 39-17-1003;

• False imprisonment where the victim is a minor, under § 39-13-302, except when committed by a parent of the minor;

• Kidnapping, under § 39-13-303, except when committed by a parent of the minor;

• Indecent exposure, under § 39-13-511, upon a third or subsequent conviction;

• Solicitation of a minor, under § 39-13-528 when the offense is classified as a Class D felony, Class E felony, or a misdemeanor;

• Spousal sexual battery, for those committing the offense prior to June 18, 2005, under former § 39-13-507 [repealed];

• Attempt, under § 39-12-101, to commit any of the offenses enumerated above;

• Solicitation, under § 39-12-102, to commit any of the offenses enumerated above;

• Conspiracy, under § 39-12-103, to commit any of the offenses enumerated above;

• Criminal responsibility, under § 39-11-402(2), to commit any of the offenses enumerated above;

• Facilitating the commission, under § 39-11-403, to commit any of the offenses enumerated above;

• Being an accessory after the fact, under § 39-11-411, to commit any of the offenses enumerated above;

• Aggravated statutory rape, under § 39-13-506(c); or

• Exploitation of a minor by electronic means, under § 39-13-529;

Your Tennessee criminal attorney should be experienced in sex crime cases. These types of cases have special considerations that affect everyone involved. Allegations are easy to make, but sometimes difficult to disprove. Our Tennessee lawyers handle all types of sexual offense cases in the East Tennessee area. Our offices serve the following areas: Knoxville, Morristown, Loudon, Maryville, Newport, Greeneville, Johnson City, Bristol, Chattanooga, and Sevierville.

Tennessee criminal defense lawyers understand that the institution of marriage is a fundamental building block of a strong society. There is much scholarly debate as to the parameters of what should constitute a marriage. It is important to realize that every state has different laws relating to forming and terminating the marital relationship.

Many people question how bigamy ever occurs. The answer is that there is no centralized database of marriage records for jurisdictions to determine whether or not a person is legally married somewhere else. Furthermore, if you apply for a marriage license in most jurisdictions, no background check is done. The application will usually be approved simply on the basis of the applicant’s answers.

Bigamy is classified as a felony in most states. Tennessee is one of thirteen states that considers bigamy a misdemeanor. Bigamy is Class A misdemeanor in Tennessee. According to Tennessee law, a person commits bigamy who:

 Is married and purports to marry a person other than the person's spouse in this state under circumstances that would, but for the person's existing marriage, constitute a marriage; or
 Knows that a person other than the person's spouse is married and purports to marry the person in this state under circumstances that would, but for the person's existing marriage, constitute a marriage. Tenn. Code Ann. § 39-15-301 (2007).

It is a defense for the first bullet that the person reasonably believed that the person's marriage had been dissolved by death, divorce or annulment. If you have been charged with bigamy or any other crime in the East Tennessee area, contact one of our criminal defense attorneys. Our office handles criminal cases in Knoxville, Sevierville, Newport, Maryville, Johnson City, and Loudon.

Tennessee sex crime attorneys are experienced in defending clients accused with statutory rape in Tennessee. Statutory rape laws are based upon the concept that a minor may desire sexual intercourse, but lacks the necessary mental faculties possessed by adults to make informed decisions as to whether or not to have sexual intercourse. In other words, minors lack the mental capacity required to legally consent to intercourse.

Age of consent is the age at which an individual can legally consent to intercourse without qualification. There are qualified circumstances where sexual contact with a person under the age of consent is not criminal in nature. A common example occurs when the person to be charged with some form of rape is legally married to a minor.

Tennessee recognizes three forms of statutory rape: mitigated statutory rape, statutory rape, and aggravated statutory rape. Under Tennessee law, 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 fifteen (15) years of age and the defendant is at least four (4) years but less than ten (10) years older than the victim; or

• The victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is more than five (5) but less than ten (10) years older than the victim. Tenn. Code Ann. § 39-13-506 (2007).

The penalties for statutory rape can be severe. Statutory rape is a Class E felony under Tennessee law. Class E felonies are punishable by incarceration of not less than one year or more than six years. In addition, Class E felonies are punishable by a fine not to exceed three thousand dollars ($3,000). Tenn. Code Ann. § 40-35-111 (2007). A conviction of statutory rape will have sexual offender registry implications as well. If you have been charged with statutory rape, or any other sex crime in East Tennessee, contact a Tennessee sex crime lawyer. Our attorneys defend clients accused of committing sex crimes in Knoxville,

Tennessee criminal defense lawyers know that solicitation of a minor, especially when the solicitation is online, is heavily investigated and targeted both by federal and state law enforcement agencies. Men typically instigate the inappropriate contact with another, although females are certainly subject to prosecution.

Under Tennessee law, the contacted person may be either real or a decoy. The word solicitation is synonymous with the word ask, so the offense is committed whether or not the solicited act is followed through or not. In other words, it is no defense that the solicitation was unsuccessful or that the conduct solicited was not engaged in. Liability lies when the question is asked with the appropriate level of intent.

According to Tennessee law, it is an offense for a person eighteen years of age or older, by means of oral, written or electronic communication, electronic mail or Internet services, directly or through another, to intentionally command, request, hire, persuade, invite or attempt to induce a person whom the person making the solicitation knows, or should know, is less than eighteen years of age, or solicits a law enforcement officer posing as a minor, and whom the person making the solicitation reasonably believes to be less than eighteen years of age, to engage in conduct that, if completed, would constitute:

(1) Rape of a child;

(2) Aggravated rape;

(3) Rape;

(4) Aggravated sexual battery;

(5) Sexual battery by an authority figure;

(6) Sexual battery;

(7) Statutory rape;

(8) Especially aggravated sexual exploitation of a minor; or

(9) Sexual activity involving a minor. Tenn. Code Ann. § 39-13-528 (2007).

The punishment for solicitation of a minor depends upon the classification of the crime solicited. Solicitation of a minor constitutes an offense one classification lower than the most serious crime solicited. If you have been accused of solicitation of a minor in Tennessee, contact a sex offense attorney. Your first meeting to discuss your options is free. Our sex offense lawyers handle sex offense cases across East Tennessee including Knoxville, Johnson City, Loudon, Alcoa, Maryville, Chattanooga, Sevierville, Morristown, and Newport.

Our Tennessee criminal attorneys understand that any charge associated with unlawful observation can have long-lasting effects on you and your family. It’s very important to find an experienced Tennessee criminal attorney to protect your rights. Our Tennessee criminal attorneys will conduct a thorough investigation of your case and actively pursue the best possible resolution for you and your family.

According to Tennessee law, it is an offense for a person to knowingly spy upon, observe or otherwise view an individual, when the individual is in a place where there is a reasonable expectation of privacy, without the prior effective consent of the individual, if the viewing:

• Would offend or embarrass an ordinary person if the person knew the person was being viewed; and
• Was for the purpose of sexual arousal or gratification of the defendant. Tenn. Code Ann. § 39-13-607 (2007).

It is never a defense to observation without consent that you were lawfully on the premises where the observation occurred. It is important to note that a reasonable expectation of privacy must exist for someone to be convicted under the unlawful observation statute. This is an important distinction from the stalking statute, which does not have this requirement.

A violation of the observation without consent statute is a Class A misdemeanor. If you or someone you know is charged with observation without consent under Tennessee Law, contact a Tennessee criminal defense lawyer. Our lawyers have much experience handling these types of cases and understand the process that is required to vigorously defend these types of charges.

Tennessee sex crime lawyers realize the consequences that a conviction for a sex crime can have upon your life. There are numerous different sex crimes under Tennessee law, and the differences between the various prohibited conducts can sometimes be slight.

The crime of indecent exposure closely resembles the crime of public indecency, which will be discussed in a later blog. There are basically three different subsections for the state to prosecute someone for under the indecent exposure statute. The first subsection of the statute encompasses behavior that people would traditionally believe should constitute indecent exposure. According to Tennessee law, A person commits the offense of indecent exposure who:

(A) In a public place, or on the private premises of another, or so near thereto as to be seen from the private premises:

(i) Intentionally:

• Exposes the person's genitals or buttocks to another; or
• Engages in sexual contact or sexual penetration; and

(ii) Reasonably expects that the acts will be viewed by another and the acts:

• Will offend an ordinary viewer; or
• Are for the purpose of sexual arousal and gratification of the defendant. Tenn. Code Ann. § 39-13-511 (2007).

The offense of indecent exposure expands prior law by including acts of sexual contact or sexual penetration in a public place, or on the private premises of another, or where the activity may be seen from the private premises of another.

(B) A less commonly known form of indecent exposure pertains to the following behavior. A person can commit the offense of indecent exposure who knowingly invites, entices or fraudulently induces the child of another into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the child:

• Exposure of such person's genitals, buttocks or female breasts; or
• Masturbation.
• The defendant must be eighteen years of age or older and the child victim must be less than thirteen years of age for this section to apply. Tenn. Code Ann. § 39-13-511 (2007).

(C) A person confined in a penal institution, commits the offense of indecent exposure who with the intent to abuse, torment, harass or embarrass a guard:

• Intentionally exposes the person's genitals or buttocks to the guard; or
• Engages in sexual contact Tenn. Code Ann. § 39-13-511 (2007).

The penalties for indecent exposure can be stiff. Depending upon the circumstances, it might be a felony, or a misdemeanor. If you are charged with indecent exposure under Tennessee law, contact a criminal defense attorney. Our lawyers handle sex crime cases in Knoxville, Sevierville, Newport, Maryville, Dandridge, Morristown, and Johnson City.

Tennessee sex offense attorneys handle many sexual offenses. Our lawyers work in Knoxville, Sevierville, Gatlinburg, Newport, Johnson City, and Morristown. According to Tennessee law, a person commits the offense of public indecency who, in a public place knowingly or intentionally:

• Engages in sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions or other ultimate sex acts;
• Appears in a state of nudity; or
• Fondles the genitals of the person, or another person. Tenn. Code Ann. § 39-13-511 (2007).

The prohibited conduct which constitutes most crimes is generally illegal no matter where the location of that conduct occurs. Public indecency is somewhat different than most crimes because the prohibited behavior may legally occur in certain locations. In other words, what is illegal in a parking lot probably is legal in your home under this statute. The definition of “public” becomes an important part of the public indecency statute.

According to the statute, "public place" means any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. "Public place" includes, but is not limited to, streets, sidewalks, parks, beaches, business and commercial establishments, whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement, bottle clubs, hotels, motels, restaurants, night clubs, country clubs, cabarets and meeting facilities utilized by any religious, social, fraternal or similar organizations. Tenn. Code Ann. § 39-13-511 (2007).

Interestingly, it is a statutory defense to public indecency that the person made intentional and reasonable attempts to conceal himself or herself from public view while performing an excretory function, and the person performs the function in an unincorporated area of the state.

The crime of public indecency differs slightly from the crime of indecent exposure in that in indecent expose, the defendant must reasonably expect that the acts will be viewed by another and the offended person must be an "ordinary viewing person."

The penalties for public indecency are as follows: A first or second offense is a Class B misdemeanor punishable only by a fine of five hundred dollars. A third or subsequent offense is a Class A misdemeanor punishable by a fine of one thousand five hundred dollars or confinement for not more than eleven months and twenty-nine days, or both. If you have been charged with public indecency, contact a criminal defense lawyer.

If you have been charged with sexual exploitation of a minor, or any other sex crime, contact a Tennessee criminal defense attorney. Our criminal defense lawyers handle sex crime cases throughout East Tennessee including Knoxville, Johnson City, Newport, Maryville, Loudon, Sevierville, Kingsport, Morristown, Bristol, Chattanooga, and Madisonville.

The internet can be used for an unlimited number of purposes, including crime. Although allegations of sexual exploitation of a minor are typically brought in connection with a computer, a computer is not necessary to bring this type of charge. There are actually three offenses relating to the sexual exploitation of a minor under Tennessee law: sexual exploitation of a minor, aggravated sexual exploitation of a minor, and especially aggravated sexual exploitation of a minor.

Under Tennessee law, it is unlawful for any person to knowingly possess material that includes a minor engaged in:

• Sexual activity; or

• Simulated sexual activity that is patently offensive. Tenn. Code Ann. § 39-17-1003 (2007).

It is important to define what constitutes sexual activity under the statute. "Sexual activity" means any of the following acts:

• Vaginal, anal or oral intercourse, whether done with another person or an animal;

• Masturbation, whether done alone or with another human or an animal;

• Patently offensive, as determined by contemporary community standards, physical contact with or touching of a person's clothed or unclothed genitals, pubic area, buttocks or breasts in an act of apparent sexual stimulation or sexual abuse;

• Sadomasochistic abuse, including flagellation, torture, physical restraint, domination or subordination by or upon a person for the purpose of sexual gratification of any person;

• The insertion of any part of a person's body or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure by a licensed professional;

• Patently offensive, as determined by contemporary community standards, conduct, representations, depictions or descriptions of excretory functions; or

• Lascivious exhibition of the female breast or the genitals, buttocks, anus or pubic or rectal area of any person. Tenn. Code Ann. § 39-17-1002 (8)(2007).

It is important to realize that a person possessing material that violates the sexual exploitation of a minor statute may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. This means that if you have fifty prohibited images in your possession, you could be charged up to fifty times.

The trier of fact may consider the title, text, visual representation, internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly possessed the prohibited material.

The trier of fact may also consider the title, text, visual representation, internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether the material or image otherwise represents or depicts that a participant is a minor.

A violation of the sexual exploitation of a minor statute is a Class D felony. If the number of individual images, materials, or combination of images and materials that are possessed is more than fifty, then the offense shall be elevated to a Class C felony. If the number of individual images, materials, or combination of images and materials, exceeds one hundred, the offense shall be a Class B felony. The consequences of any sex crime conviction are serious. If convicted, you can expect serious jail time, fines, registration as a sex offender, and public embarrassment. Contact a sex crime attorney immediately if you are charged with sexual exploitation of a minor.

Tennessee sex crime lawyers help individuals accused of various sex crimes in the East Tennessee area. Many times, allegations that you have committed a sex crime will turn your life into chaos. You could lose your job, family, and even freedom. Don’t let false allegations destroy your life. If you have been accused of committing a sex crime, contact a Tennessee sex offense attorney. Our sex crime lawyers help clients in Knoxville, Sevierville, Newport, Maryville, Johnson City, Bristol, Chattanooga, Morristown, and Loudon.

Aggravated sexual battery is one of the more serious sex crimes. There are four ways to commit aggravated sexual battery under Tennessee law. According to Tennessee law, aggravated sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:

• Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
• The defendant causes bodily injury to the victim;
• The defendant is aided or abetted by one (1) or more other persons; and
(A) Force or coercion is used to accomplish the act; or
(B) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
• The victim is less than thirteen (13) years of age. Tenn. Code Ann. § 39-13-504 (2007).

The consequences for a conviction of aggravated sexual battery are severe. Aggravated sexual battery is a Class B felony under Tennessee law. Class B felonies are punishable between eight and thirty years incarceration. In addition, the jury may assess a fine up to twenty-five thousand dollars ($25,000). Tenn. Code Ann. § 40-35-111 (2007). Besides large fines and long periods of confinement, you are subject to Tennessee’s sexual offender registry if you are convicted of aggravated sexual battery. If you are charged with aggravated sexual battery, or any other sex crime under Tennessee law, contact a sex crime attorney today for a free consultation.

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.

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.

Tennessee criminal defense lawyers realize that powerful emotions are involved during any sex crime case. If you are convicted of a sex crime in today’s society, you face serious consequences beyond jail time. A conviction will force you to report to local sheriff’s offices periodically upon release from incarceration. In addition, the Tennessee Bureau of Investigation (TBI) will place your updated photograph on its website for the public to view. Even false accusations of any sex crime may potentially ruin your life.

Rape of a child is one of the most serious sex crimes in Tennessee. The age of the victim is the primary distinction between rape and rape of a child. Rape of a child is the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is more than three years of age but less than thirteen years of age.

Rape of a child is a Class A felony, the highest level of felonies.

Stiff penalties accompany a conviction for rape of a child. A person convicted of a first or subsequent violation of the rape of a child statute shall be punished by a minimum period of imprisonment of twenty-five years. The sentence imposed upon any such person may, if appropriate, exceed twenty-five years, but in no case shall it be less than the minimum period of twenty-five years.

The board of probation and parole may require, as a mandatory condition of supervision for any person convicted of rape of a child, that the person be enrolled in a satellite-based monitoring program for the full extent of the person's term of supervision. Tenn. Code Ann. § 39-13-522 (2007).

If you have been charged with sexual battery, aggravated sexual battery, sexual misconduct, rape, statutory rape, rape of a child, or any other sex crime, contact a criminal defense attorney. Our office handles these charges in East Tennessee including Nashville, Johnson City, Knoxville, Morristown, Sevierville, Newport, Crossville, and Maryville.

Our Tennessee attorneys understand that being accused of rape can have long-term implications. In the experience of our Tennessee attorneys, a charge of rape can be devestating. Such a charge can adversely affect one's social, economic, and spiritual well-being. Over the weekend, a highly public accusation of rape occurred in Memphis.

A party guest claims she was raped at a weekend pool party, leaving two rookie Bartlett cops fired, one on administrative leave, and a Collierville firefighter charged with sexual battery and rape.

The incident allegedly occurred Sunday, after a Saturday night pool party in the Deermont Park area at the home of Brandon and Carey Faulkner. A guest was escorted home Sunday, when she alleges Brandon Faulkner raped her in her bedroom.

According to Bartlett Police reports, Brandon, a Collierville firefighter, has been charged with assault, sexual battery and rape. His wife, Carey, is a 10-year Bartlett Police officer, and has been suspended with pay pending the outcome of the investigation.

Two other probationary Bartlett officers present at the party were fired due to 'behavior unbecoming to an officer.'

The incident is being investigated by Bartlett Internal Affairs.

Brandon Faulkner is set to attend a bond hearing Wednesday morning at Bartlett Municipal Court.

If you’ve been charged with rape in Tennesse, consulting an experienced Tennessee attorney can help you understand your legal options and resolve your situation in the best way possible.

Source: myfoxmemphis.com

Recent amendments have changed the way Tennessee prosecutes statutory rape in some situations. The Child Protection Act of 2006 made changes to several aspects of Tennessee law including the definition of statutory rape. The definition of statutory rape has been expanded to include different types of offenses and penalties based on the respective ages of the victim and the defendant. Previously statutory rape was a Class E felony defined as unlawful sexual penetration between the defendant and victim when the victim was between thirteen and eighteen years old and the defendant was at least four years older than the victim. (Tenn. Code Ann. 39-13-506 2003). By passing the Child Protection Act of 2006 in July of 2006, the legislature changed the definition of statutory rape and defined the crimes of mitigated statutory rape and aggravated statutory rape.

Statutory rape is now defined as unlawful sexual penetration between the defendant and victim when the victim is between thirteen and fifteen years old and the defendant is four years older or when the victim is between fifteen and eighteen years old and the defendant is five years older. Mitigated statutory rape occurs when the victim is between fifteen and eighteen years old and the defendant is between four and five years older than the victim. Aggravated statutory rape occurs when the victim is between the ages of 13 and 18 and the defendant is at least 10 years older. (Tenn. Code Ann 39-13-506 2006) These changes in the law affect the penalties associated with these offenses. Mitigated statutory rape and statutory rape are both Class E felonies with a potential one to six year sentence. Aggravated statutory rape is a Class D felony with a potential two to twelve year sentence. Both men and women can be prosecuted for these offenses.

Statutory Rape under the Child Protection Act of 2006
Mitigated Statutory Rape: Victim 15-18 years old, Defendant 4-5 years older, Class E felony

Statutory Rape: Victim 13-15 years old, Defendant at least 4 years older, Class E felony

Statutory Rape: Victim 15-18 years old, Defendant at least 5 years older, Class E felony

Aggravated Statutory Rape : Victim 13-18 years old, Defendant at least 10 years older, Class D felony

In any situation where you or your family is dealing with the issue of statutory rape, it is very important to consult an experienced criminal law attorney. An attorney will help you understand and analyze the charges you are dealing with and help get your life back on track.