Bill > SB1659

This bill amends Tennessee law to expand the list of aggravating circumstances that a jury can consider when determining a sentence for certain criminal offenses, particularly those involving 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 a registered sex offender or under similar monitoring requirements, 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 child sexual abuse offenses in the same proceeding. Additionally, the bill 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 allows for the consideration of aggravating circumstances for rape of a child in the same way as for 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.

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https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=SB1659&ga=114