What are the Main Types of Sex Crimes in TN?
Tennessee sexual offense charges are divided into two categories: sexual offenses and violent sexual offenses. If you have been charged with a sexual offense, you may be facing incarceration, fines, and mandatory registration on the Tennessee Sex Offender Registry.
In this blog, our Tennessee sex crimes attorney provides an overview of select sex crimes in the Volunteer State, along with potential defenses.
Rape
According to Tennessee law, rape is the unlawful sexual penetration of a victim by the defendant, accompanied by any of the following circumstances:
- Force or coercion
- The defendant knows or has reason to know at the time of the act that the victim does not consent to the sexual penetration
- The victim is mentally handicapped or physically disabled
- The sexual act is accomplished by fraud
Rape is a class B felony, carrying a sentence of 8-30 years and a fine of $25,000. It is considered a violent sexual offense, meaning that you will be listed on the sex offender registry for life.
Sexual Battery
Tennessee Code §39-13-505 defines sexual battery as engaging in unlawful sexual contact with the victim accompanied by any of the following circumstances:
- Force or threat of violence to accomplish the act
- The sexual contact is accomplished without the victim’s consent, and the defendant knows or has reason to know at the time of the act that the victim does not consent
- The defendant knows or should know that the victim is mentally handicapped or physically disabled
- The sexual contact is accomplished through fraud
Sexual battery is a class E felony. If found guilty, you may be imprisoned for 1-6 years, potentially paying a fine of $3,000. This offense is accompanied by mandatory registration on the sex offender registry, with the potential for your name to be removed after ten years.
Exploitation of a Minor
In accordance with Tennessee law, it is illegal to knowingly possess material of a minor partaking in sexual activity that is patently offensive. This pertains to both real and simulated depictions.
If convicted, your punishment will be based upon the number of images in your possession. Exploitation of a minor as a base-level charge is a class D felony. A class D felony is punishable by 2-12 years imprisonment and a fine of $5,000. However, if you have more than 50 images in your possession, this is a class C felony. A class C felony carries a prison term of 3-15 years and a fine of $10,000. If you have more than 100 images in your possession, then the offense can be charged as a class B felony. If convicted, you may be sentenced to 8-30 years, with a maximum fine of $25,000. Your personal information will be on the sex offender registry for ten years. After the 10-year period has ended, you may apply for termination.
Challenging a Sex Crime Charge
In some cases, the accusations against you may be false. Even so, you will need to provide evidence showing just that. If there are any witnesses that can corroborate your story or video footage, this can go a long way to support your case.
In sex crime cases, the defense often will call upon character witnesses. This may include family, friends, or neighbors. Even though these people did not witness the alleged crime, they can testify to your credibility.
A Tennessee Sex Crimes Attorney Offering Aggressive Counsel
A sex crime can ruin your reputation, forcing you to serve time, pay hefty fines, and be listed on the public sex offender registry. If you have been accused of a sex crime, our Tennessee sex crimes attorney is prepared to fight for you. To learn more or to schedule your initial consultation, contact us online or by phone.