Amends TCA Title 39, Chapter 13, Part 5.
Present law provides the following: (1) 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 15 but less than 18 years of age and the defendant is at least four but not more than five years older than the victim; (2) Statutory rape is the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when: (A) The victim is at least 13 but less than 15 years of age and the defendant is at least four years but less than 10 years older than the victim; or (B) The victim is at least 15 but less than 18 years of age and the defendant is more than five but less than 10 years older than the victim; (3) 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 13 but less than 18 years of age and the defendant is at least 10 years older than the victim; (4) It is an offense for a defendant to engage in unlawful sexual contact with a minor when, among other factors, the minor is less than 18 years of age; (5) 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 eight years of age but less than 13 years of age; (6) 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 eight years of age or less; (7) 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, among other factors, the victim is at least 13 but less than 18 years of age; and (8) Especially aggravated rape of a child is unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is less than 18 years of age, accompanied by certain circumstances. This bill clarifies that for each of the above offenses, the victim's age must fall within the provided age-range at the time of the offense.
Present law provides the following: (1) 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 15 but less than 18 years of age and the defendant is at least four but not more than five years older than the victim; (2) Statutory rape is the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when: (A) The victim is at least 13 but less than 15 years of age and the defendant is at least four years but less than 10 years older than the victim; or (B) The victim is at least 15 but less than 18 years of age and the defendant is more than five but less than 10 years older than the victim; (3) 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 13 but less than 18 years of age and the defendant is at least 10 years older than the victim; (4) It is an offense for a defendant to engage in unlawful sexual contact with a minor when, among other factors, the minor is less than 18 years of age; (5) 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 eight years of age but less than 13 years of age; (6) 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 eight years of age or less; (7) 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, among other factors, the victim is at least 13 but less than 18 years of age; and (8) Especially aggravated rape of a child is unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is less than 18 years of age, accompanied by certain circumstances. This bill clarifies that for each of the above offenses, the victim's age must fall within the provided age-range at the time of the offense.
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