Bill > HB1454

This bill amends Tennessee law to expand the list of aggravating circumstances that a jury can consider when determining the sentence for a defendant convicted of certain offenses, particularly focusing on crimes against children. These new aggravating factors include committing aggravated rape of a child against a victim under four years old, committing incest during the offense, using a position of trust or authority to commit the offense, having prior convictions for offenses involving unlawful sexual contact with a minor, being required to register as a sex offender, filming or recording the offense, using intoxicants to influence the victim, using a deadly weapon in cases of rape of a child or aggravated rape of a child, knowing the victim was mentally defective or physically helpless, committing acts that were especially heinous, atrocious, or cruel or involved torture, providing payment to the victim or another for access or silence, or being convicted of multiple related child sexual offenses in the same proceeding. The bill also clarifies that a victim's participation or consent is not a mitigating factor if the defendant is convicted of rape of a child or aggravated rape of a child, and it adds rape of a child to the list of offenses for which a defendant can be sentenced to death, alongside first-degree murder. These changes are intended to provide additional considerations for sentencing in serious criminal cases and will take effect on July 1, 2026, applying to acts committed on or after that date.