Tennessee § 39-13-534 Especially aggravated rape

Tennessee Statutes

§ 39-13-534 — Especially aggravated rape

(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:

(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

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(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: (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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