§ 40-17-124 — Sex offenses where victim is less than thirteen

(a) Notwithstanding any rule or statute to the contrary, in a criminal case: (1) If the defendant is charged with any sex offense specified in §§ 39-13-502 - 39-13-506; 39-13-511, provided that the offense of public indecency or indecent exposure constitutes a Class A misdemeanor or Class E felony violation; 39-13-513 - 39-13-516; 39-13-522; 39-13-527; 39-13-528; or 39-15-302; or is charged with the offense of attempting, soliciting or conspiring to commit any sex offense; (2) If the victim is less than thirteen (13) years of age; (3) If the defendant possesses a prior conviction for any sex offense described in §§ 39-13-502 - 39-13-506 and 39-13-511; provided, that the offense of public indecency or indecent exposure constitutes a Class A misdemeanor or Class E felony violation, 39-13-513 - 39-13-516; 39-13-522; 39-13-527; 39-13-528; or 39-15-302, or a prior conviction for attempting, soliciting or conspiring to commit any sex offense; and (4) If the victim of the prior offense was also less than thirteen (13) years of age; then evidence of the defendant's prior conviction is admissible and may be considered for its bearing on any matter to which it is relevant, subject to Rule 403 of the Tennessee Rules of Evidence. (b) Notwithstanding any rule or statute to the contrary, in a case in which the state intends to offer evidence under this section, the state shall disclose the evidence to the defendant including a summary of the substance of any testimony that is expected to be offered, at least fifteen (15) days before the scheduled date of trial or at a later time as the court may allow for good cause. (c) Nothing in this section shall be construed to limit the admissibility or consideration of evidence under any other rule or statute.

Legislative History

Acts 2004, ch. 817, § 1.