Tennessee Age of Consent Laws: Statutes, Penalties and Reporting

Tennessee's age-based rape offenses protect a person under 13 with no actor-age condition (Tenn. Code Ann. 39-13-522, 39-13-531, 39-13-504(a)(4)), and its statutory rape offenses protect a person at least 13 but under 18 where the defendant is at least four years older (39-13-506); persons 13 to 17 are also protected against a defendant in a position of trust or authority (39-13-527, 39-13-532), and most of the structure is tiered.

To report a concern: if a child is in immediate danger, call 911. The Tennessee Department of Children's Services states on its official page: "Report Child Abuse: 877-237-0004". The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) can help you figure out where and how to report. Online exploitation can be reported to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.

Information last verified on 2026-09-30. This article has not yet been reviewed by a licensed lawyer. It is legal-reference information, not legal advice.

This page covers Tennessee's criminal statutes on sexual offenses involving minors, mainly Tenn. Code Ann. Title 39, chapter 13, part 5 (sexual offenses), 39-13-309 (trafficking), 39-15-302 (incest), Title 39, chapter 17, part 10 (sexual exploitation of a minor) and the registration provisions in Title 40, chapter 39, part 2. Federal law is summarized on the age of consent laws by state hub. The statute text below was read on Justia's copy of the 2025 Tennessee Code, because the official code on the public access portal is gated by a CAPTCHA. Currency was checked on 2026-09-30 against official Tennessee sources: the Office of Legal Services abstracts of 2025 and 2026 legislation and the public chapters published by the Tennessee Secretary of State.

This page describes the main age-based sexual offense statutes. Other Tennessee statutes also protect minors, and one of them can apply even where none of the offenses described here does.

How Tennessee law protects minors by age

Tennessee defines its offenses by the victim's age band and, for victims 13 to 17, by the defendant's age difference. The table summarizes the main provisions.

Under 13

Section 39-13-531 provides: "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." Section 39-13-522 provides: "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 eight (8) years of age but less than thirteen (13) years of age." Section 39-13-504(a)(4) makes aggravated sexual battery "unlawful sexual contact with a victim by the defendant or the defendant by a victim" where "The victim is less than thirteen (13) years of age."

13 to under 18: statutory rape

Section 39-13-506 defines three offenses of unlawful sexual penetration:

• Mitigated statutory rape (subsection (a)): the victim is at least 15 but less than 18 and the defendant is at least four but not more than five years older than the victim.
• Statutory rape (subsection (b)): (1) the victim is at least 13 but less than 15 and the defendant is at least four years but less than 10 years older, or (2) the victim is at least 15 but less than 18 and the defendant is more than five but less than 10 years older.
• Aggravated statutory rape (subsection (c)): the victim is at least 13 but less than 18 and the defendant is at least 10 years older than the victim.

Position of trust or authority

Section 39-13-532 provides that statutory rape by an authority figure is unlawful sexual penetration where "The victim is at least thirteen (13) but less than eighteen (18) years of age," "The defendant is at least four (4) years older than the victim," and the defendant "was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the sexual penetration," or "had, at the time of the offense, parental or custodial authority over the victim by virtue of the defendant's legal, professional, or occupational status and used the position to accomplish the sexual penetration."

Section 39-13-527 covers sexual contact with a victim 13 or older but less than 18 on the same kinds of position of trust, supervisory or disciplinary power, or parental or custodial authority, used to accomplish the sexual contact. Subdivision (a)(2) of that section also reaches a victim who is mentally defective, mentally incapacitated or physically helpless.

Section 39-13-509 makes sexual contact by an authority figure (the defendant intentionally touching or kissing the lips of a minor under 18 with the defendant's lips, where it can reasonably be construed as for sexual arousal or gratification, by a defendant at least four years older who used a position of trust or authority to accomplish it) a Class A misdemeanor with a mandatory minimum fine of $1,000.

How the age conditions work

In 39-13-506, the victim's age band and the defendant's age difference are written into each offense definition as elements, and the same figures set which offense (and which grade) applies. Each of the three offenses requires the defendant to be at least four years older than the victim. Section 39-13-532 also states the four-year difference as an element of the authority-figure penetration offense. These provisions describe the elements of those offenses only and do not limit the other statutes described on this page.

The under-13 offenses in 39-13-522, 39-13-531 and 39-13-504(a)(4) contain no actor-age condition.

Grooming a Minor (from July 1, 2026)

2026 Pub. Ch. 1021, the Tennessee Anti-Grooming Act, adds 39-13-536, Grooming a Minor. It applies to a course of grooming conduct with specific intent to commit a sexual offense or violent sexual offense against the minor. Under subsection (b), the minor is under 13 and the person is 18 or older, or the minor is at least 13 but less than 18 and the person is at least 10 years older than the minor. Subsection (c) separately applies where the person is in a position of authority or a position of special trust with respect to a minor under 18 and is at least four years older than the minor. The required intent under either subsection is to commit, or facilitate another person's commission of, a sexual offense or violent sexual offense against the minor, or to cause or induce the minor to engage in sexual activity.

Under subsection (e)(1), a violation of subsection (b) is a Class A misdemeanor; a Class D felony if the course of conduct includes certain listed predicate acts; a Class C felony if the minor is under 13; and a Class B felony where both apply. Subsection (c) carries its own grading, starting at a Class D felony. The act "takes effect July 1, 2026, the public welfare requiring it, and applies to acts committed on or after that date."

Other Tennessee statutes that protect minors

The following additional statutes apply to minors and can apply even where none of the offenses above does.

• Especially aggravated rape of a child. Section 39-13-535 applies to unlawful sexual penetration of a victim more than 12 but less than 18 accompanied by three or more listed circumstances, which include torture, serious bodily injury, a weapon, and a defendant who uses a position of trust or parental or custodial authority. It is a Class A felony; for an adult defendant the sentence is imprisonment for life without possibility of parole, and for a juvenile defendant it is within Range III.
• Rape. Section 39-13-503(b)(1)(B) provides that where the victim is at least 13 but less than 18, rape is a Class B felony punished as a Range II offender at minimum.
• Incest. Section 39-15-302 applies to sexual penetration with a person the defendant knows to be a natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child, or a brother or sister of the whole or half-blood or by adoption. It is a Class C felony, and a Class B felony (Range II at minimum) if the victim is a minor.
• Continuous sexual abuse of a child. Section 39-13-518 is a Class A felony where three or more of the acts of sexual abuse of a child constitute violations of the listed offenses, which include 39-13-504, 39-13-522 and 39-13-531. It is a Class C felony where at least three of the acts are sexual battery by an authority figure (39-13-527) or statutory rape by an authority figure (39-13-532), and a Class B or Class C felony where fewer of the acts are listed offenses (39-13-518(c)).
• Solicitation of a minor. Section 39-13-528 applies to a person 18 or older who, by oral, written or electronic communication, solicits a person the actor knows or should know is under 18 (or a law enforcement officer posing as a minor). A violation is an offense one classification lower than the most serious crime solicited, or a Class A misdemeanor if a Class E felony was solicited.
• Exploitation of a minor by electronic means. Section 39-13-529 has two parts. Subsection (a) applies to a person 18 or older who commands, hires, persuades, induces or causes a minor to engage in sexual activity or patently offensive simulated sexual activity that is observed by that person or another; it is a Class B felony. Subsection (b) applies to a person 18 or older who engages in sexual activity for a minor to view, or displays sexual material to a minor for sexual arousal or gratification; it is a Class E felony, or a Class C felony if the minor is under 13. Subsection (b) states an exception where the victim is at least 15 but less than 18 and the defendant is no more than four years older, unless the defendant commanded, hired, induced or caused the conduct; that exception does not apply to subsection (a). Under 39-13-529(f), the minor's consent is not a defense.
• Trafficking for a commercial sex act. Section 39-13-309(c) is a Class A felony where the victim is a child more than 12 but less than 18.
• Patronizing and promoting prostitution. From July 1, 2026, patronizing prostitution where the subject is under 18 is a Class A felony under 39-13-514 as amended by 2026 Pub. Ch. 959. Section 39-13-515(c) makes promoting the prostitution of a person more than 12 but less than 18 a Class A felony.
• Indecent exposure. Section 39-13-511 has child-victim variants. Where the defendant is 18 or older and the victim is under 13, it is a Class A misdemeanor; other variants cover a victim at least 13 but no more than 17 where the defendant is 18 or older, and the section provides a Class E felony in certain repeat and location circumstances.
• Sexual battery. Section 39-13-505 applies to unlawful sexual contact with a victim of any age accomplished by force or coercion, without consent, by fraud, or with a victim the defendant knows or has reason to know is mentally defective, mentally incapacitated or physically helpless. Under subsection (c), a victim is also incapable of consent where the defendant, licensed or not, is a member of the clergy, healthcare professional or alcohol and drug abuse counselor who was treating the victim for a mental, emotional or physical condition. Sexual battery is a Class E felony.
• Sexual exploitation of a minor. Section 39-17-1003 makes knowing possession of material that includes a minor engaged in sexual activity a Class D felony, a Class C felony if more than 50 images, and a Class B felony if more than 100. Section 39-17-1004 (aggravated, a Class C felony, or Class B if more than 25 items) and 39-17-1005 (especially aggravated, a Class B felony) cover material that includes a minor engaged in sexual activity.

Penalties

Grades are set in the offense sections; the term ranges come from 40-35-111 (Class A felony 15 to 60 years, Class B 8 to 30, Class C 3 to 15, Class D 2 to 12, Class E 1 to 6, Class A misdemeanor not greater than 11 months 29 days or a fine not to exceed $2,500, or both, unless otherwise provided). Those are the full authorized terms. Within them, 40-35-112 sets offender ranges; for a Range I offender the term is 15 to 25 years (Class A), 8 to 12 (Class B), 3 to 6 (Class C), 2 to 4 (Class D) and 1 to 2 (Class E), with Ranges II and III above that. The felony terms in the table below are the full authorized terms unless a specific range is stated.

2025 Pub. Ch. 375, effective July 1, 2025, rewrote 39-13-504(b) to its current form. 2024 Pub. Ch. 951 replaced the punishment subsections of 39-13-522(b) and 39-13-531(b), for acts committed on or after July 1, 2024. 2026 Pub. Ch. 945 adds a presumption of consecutive sentences for two or more offenses involving more than one minor victim, unless the court finds by a preponderance of the evidence that the facts do not warrant consecutive sentences and that consecutive sentences would not be in the best interest of justice.

Sex offender registration

Registration is governed by 40-39-202 (definitions) and 40-39-207 (duration). The violent sexual offenses listed in 40-39-202(31) include rape of a child (39-13-522), aggravated rape of a child (39-13-531), aggravated sexual battery, sexual battery by an authority figure (39-13-527), statutory rape by an authority figure (39-13-532), incest (39-15-302), continuous sexual abuse of a child (39-13-518), trafficking for a commercial sex act, and, for acts on or after July 1, 2026, grooming under 39-13-536 (added as subdivision (31)(Z)). Under 40-39-207(g)(2), an offender "shall continue to comply with the registration, verification and tracking requirements for the life of that offender" if the offender has a prior sexual offense conviction, has been convicted of a violent sexual offense, or has been convicted of an offense in which the victim was a child of 12 years of age or less.

Aggravated statutory rape (39-13-506(c)) is a sexual offense. For a sexual offender, a request for termination may be filed no sooner than 10 years after termination of active supervision or discharge from incarceration without supervision.

Statutory rape under 39-13-506 is registrable only "if the defendant has one (1) or more prior convictions for mitigated statutory rape under § 39-13-506(a), statutory rape under § 39-13-506(b) or aggravated statutory rape under § 39-13-506(c), or if the judge orders the person to register as a sexual offender pursuant to § 39-13-506(d)." Section 39-13-506(d) provides that the trial judge may make that order after taking into account the facts and circumstances of the offense. Another provision addresses an offender who has successfully completed judicial diversion for an offense under 39-13-505 or 39-13-506(a) or (b) for which registration is required. Sexual contact by an authority figure (39-13-509) is not on the list. Indecent exposure is a sexual offense only on a third or subsequent conviction. These are registration provisions and do not change whether the underlying conduct is an offense.

Recent changes

• 2026 Pub. Ch. 1021 (Grooming a Minor, 39-13-536): effective July 1, 2026 for acts on or after that date; adds grooming to the violent sexual offense definition in 40-39-202(31).
• 2026 Pub. Ch. 959: effective July 1, 2026; patronizing prostitution where the subject is under 18 becomes a Class A felony.
• 2026 Pub. Ch. 945: effective July 1, 2026 for offenses on or after that date; consecutive sentencing presumption for offenses involving more than one minor victim.
• 2026 Pub. Ch. 693: effective July 1, 2026 for acts on or after that date; adds aggravating circumstances to 39-13-204(i) for sentencing, several of which refer to rape of a child and aggravated rape of a child (for example, a victim of aggravated rape of a child who was less than four).
• 2025 Pub. Ch. 375: effective July 1, 2025; rewrote 39-13-504(b), the grade and range for aggravated sexual battery.
• 2025 Pub. Ch. 291: according to the Office of Legal Services abstract, extends the limitations period for certain child sexual abuse felonies from 25 to 30 years from the child's 18th birthday.
• 2024 Pub. Ch. 951: effective July 1, 2024; replaced the punishment subsections of 39-13-522(b) and 39-13-531(b).

The Justia copy of the code predates the 2026 acts, so the 2026 changes above come from the public chapters themselves.

How to report

If a child is in immediate danger, call 911. The Tennessee Department of Children's Services page on reporting child abuse states: "Report Child Abuse: 877-237-0004". The Childhelp National Child Abuse Hotline (1-800-422-4453, call or text) and the NCMEC CyberTipline (report.cybertip.org or 1-800-843-5678) are also available.

Disclaimer

This page is general legal information about Tennessee criminal statutes as verified on 2026-09-30. It is not legal advice. Statutes change, summaries simplify, and the statute text controls. Anyone with a specific situation should consult a lawyer licensed in Tennessee.

Related articles

• Age of consent laws by state
• Tennessee sexting laws
• Editorial standards and verification levels

Frequently Asked Questions

What is the difference between mitigated, ordinary and aggravated statutory rape in Tennessee?

Section 39-13-506 uses the defendant's age difference and the victim's age band. Mitigated statutory rape is a Class E felony for a victim at least 15 but less than 18 and a defendant four to five years older; statutory rape is a Class E felony for a victim 13 to under 15 with a defendant at least four but less than 10 years older, or a victim 15 to under 18 with a defendant more than five but less than 10 years older; aggravated statutory rape is a Class D felony where the defendant is at least 10 years older and the victim is 13 to under 18.

Does the age of the victim change for authority figures?

Sections 39-13-527 and 39-13-532 apply to a victim who is at least 13 but less than 18 where the defendant is in a position of trust, has supervisory or disciplinary power, or has parental or custodial authority and uses it to accomplish the act. Section 39-13-532 also requires the defendant to be at least four years older.

Where can the statute text be found?

The official Tennessee Code is published through a public access portal that requires a CAPTCHA. The statute text on this page was read on Justia's copy of the 2025 Tennessee Code, and the 2025 and 2026 changes were checked against the Office of Legal Services abstracts and the public chapters published by the Tennessee Secretary of State.