39-13-522 - Rape of a child. - Tennessee Statutes

39-13-522. Rape of a child.

(a)  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 more than three (3) years of age but less than thirteen (13) years of age.

(b)  (1)  Rape of a child is a Class A felony.

     (2)  (A)  Notwithstanding title 40, chapter 35, a person convicted of a first or subsequent violation of this section shall be punished by a minimum period of imprisonment of twenty-five (25) years. The sentence imposed upon any such person may, if appropriate, exceed twenty-five (25) years, but in no case shall it be less than the minimum period of twenty-five (25) years.

          (B)  Section 39-13-525(a) shall not apply to a person sentenced under this subdivision (b)(2).

          (C)  Notwithstanding any  law to the contrary, the board of probation and parole may require, as a mandatory condition of supervision for any person convicted under this section, 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.

[Acts 1992, ch. 878, § 1; 1997, ch. 406, § 2; 2005, ch. 353, § 14; 2006, ch. 890, § 22; 2007, ch. 501, § 1.]