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(a) Aggravated rape of a child is the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is eight (8) years of age or less.
(b) Aggravated rape of a child 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 within 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 sentencing provisions of title 40, chapter 35, apply except:
(A) A sentencing hearing shall not be conducted as required by §
40-35-209; and
(B) After a defendant is found guilty of aggravated rape of a child, the judge shall sentence the defendant to imprisonment for life without the possibility of parole.
T.C.A. § 39-13-531
Amended by 2021 Tenn. Acts, ch. 104, s 1, eff. 7/1/2021.
Amended by 2020 Tenn. Acts, ch. 588, s 1, eff. 7/1/2020.
Amended by 2019 Tenn. Acts, ch. 211, s 1, eff. 7/1/2019.
Acts 2006, ch. 890, § 23.
