(a) Especially aggravated rape is unlawful sexual penetration of a victim by the defendant or the defendant by a victim that would constitute aggravated rape under § 39-13-502 accompanied by two (2) or more of the following circumstances:

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
criminal case

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Terms Used In Tennessee Code 39-13-534

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defendant: means a person accused of an offense under this title and includes any person who aids or abets the commission of such offense. See Tennessee Code 39-11-106
  • 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) The defendant tortures the victim during the commission of the offense;
(2) The defendant mutilates the victim during the commission of the offense;
(3) The defendant also commits the offense of kidnapping, as defined in § 39-13-303, or false imprisonment, as defined in § 39-13-302, against the victim;
(4) The defendant also commits the offense of involuntary labor servitude, as defined in § 39-13-307, or trafficking for a commercial sex act, as defined in § 39-13-309, against the victim;
(5) The defendant has, at the time of the commission of the offense, more than one (1) prior conviction for a sexual offense or a violent sexual offense, as those terms are defined in § 40-39-202;
(6) The offense occurs during an attempt by the defendant to perpetrate first degree murder in violation of § 39-13-202;
(7) The defendant subjects the victim to extreme cruelty during the commission of the offense;
(8) The defendant’s commission of the offense involved more than one (1) victim; or
(9) The defendant knows or has reason to know that the victim is:

(A) Mentally defective;
(B) Mentally incapacitated;
(C) Physically helpless; or
(D) A vulnerable adult, as defined in § 39-15-501.
(b) Especially aggravated rape is a Class A felony and shall be punished as follows:

(1) If the defendant was a juvenile at the time of the commission of the offense, then the sentence must be from Range III, as set forth in title 40, chapter 35; and
(2) If the defendant was an adult at the time of the commission of the offense, then the defendant shall be punished by imprisonment for life without possibility of parole.
(c) A person may not be convicted of both a violation of this section and a violation of § 39-13-502, § 39-13-535, or § 39-13-117 if the facts supporting the prosecution arise out of the same criminal conduct.
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