Bill > HB1454

This bill amends Tennessee law to add new circumstances that a jury can consider as aggravating factors when determining the sentence for certain criminal offenses, particularly those involving sexual offenses against children. These new aggravating circumstances 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, knowing the victim was mentally defective or physically helpless, committing acts that were especially heinous or cruel or involved torture, providing payment to the victim or another for access or silence, or being convicted of multiple related sexual offenses against children 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 expands the conditions under which a jury can consider aggravating factors to include convictions for rape of a child in addition to first-degree murder. These changes are set to take effect on July 1, 2026, and will apply to offenses committed on or after that date.

Justice

https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=HB1454&ga=114