(a) Aggravated human trafficking is the commission of an act that constitutes any of the following criminal offenses, if the victim of the criminal offense is under thirteen (13) years of age:

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A felony15 to 60 yearsup to $50,000
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 39-13-316

  • Commercial sex act: means :
    (A) Any sexually explicit conduct for which anything of value is directly or indirectly given, promised to or received by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under eighteen (18) years of age. See Tennessee Code 39-13-301
  • Forced labor or services: means labor or services that are performed or provided by another person and are obtained or maintained through the defendant's:
    (A) Causing or threatening to cause serious harm to any person. See Tennessee Code 39-13-301
  • Labor: means work of economic or financial value. See Tennessee Code 39-13-301
  • Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106
  • sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
(1) Involuntary labor servitude, under § 39-13-307;
(2) Trafficking persons for forced labor or services, under § 39-13-308;
(3) Trafficking for commercial sex act, under § 39-13-309;
(4) Patronizing prostitution, under § 39-13-514; or
(5) Promoting prostitution, under § 39-13-515.
(b)

(1) Aggravated human trafficking is a Class A felony.
(2) Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon the person may, if appropriate, be within Range III but in no case shall it be lower than Range II.
(3) Section 39-13-525(a) does not apply to a person sentenced for a violation of this section under subdivision (a)(3), (a)(4), or (a)(5).
(4) Notwithstanding another law to the contrary, the board of parole may require, as a mandatory condition of supervision for a person convicted of a violation of this section under subdivision (a)(3), (a)(4), or (a)(5), that the person be enrolled in a satellite-based monitoring program for the full extent of the person’s term of supervision consistent with the requirements of § 40-39-302.
(c) Title 40, chapter 35, part 5, regarding release eligibility status and parole, does not apply to or authorize the release of a person convicted of a violation of this section prior to service of the entire sentence imposed by the court.
(d) Title 41, chapter 1, part 5, does not give either the governor or the board of parole the authority to release or cause the release of a person convicted of a violation of this section prior to the service of the entire sentence imposed by the court.
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