Sentencing

Plain English Breakdown

The official source does not provide specific details on how the new aggravating circumstances will be applied in practice.

Expanding Aggravating Circumstances for Sentencing

This bill adds new aggravating circumstances in criminal cases, clarifies mitigating factors for rape of a child, and requires separate sentencing proceedings for defendants convicted of certain offenses.

What This Bill Does

• Adds several new situations that can be considered as 'aggravating circumstances' in criminal cases.
• Clarifies that the victim's participation or consent is not a reason to lessen the sentence if someone is convicted of raping a child.
• Requires separate sentencing proceedings for defendants found guilty of rape of a child, similar to those required for first-degree murder.

Who It Names or Affects

• People who are charged with certain crimes like aggravated rape of a child or incest.
• Juries and judges involved in criminal cases.

Terms To Know

Aggravating Circumstances

Factors that make a crime worse, allowing for harsher sentences.

Mitigating Circumstances

Factors that might lessen the punishment because they show the defendant is less responsible or dangerous.

Limits and Unknowns

• The bill does not specify how these new aggravating circumstances will be applied in practice.
• It's unclear if and when this bill will become law, as it is still active and awaiting further steps.

Official Summary Text

Generally, present law
prohibits the
death penalty or
a
sentence of life imprisonment without possibility of parole
to
be imposed, except upon a unanimous finding that the state has proven beyond a reasonable doubt the existence of one or more aggravating circumstances
. This bill expands the list of
s
uch

aggravating
circumstances by adding all of the following circumstances:



T
he defendant committed aggravated rape of a child against a victim who was
younger
than four at the time of the commission of the offense
.



The defendant committed incest in the commission of the offense
.



At the time of the commission of the offense, the defendant was in a position of trust, or had supervisory, disciplinary, or custodial authority over the victim by virtue of the defendant's legal, professional, or occupational status and used the position of trust or authority to accomplish the offense
.



At the time of the commission of the offense, the defendant was previously convicted in this state or another jurisdiction of one

or more felony or misdemeanor offenses, other than the present charge, the statutory elements of which involve unlawful sexual contact with a minor
.



At the time of the commission of the offense, the defendant was required to register as a sexual offender, violent sexual offender, or violent juvenile sexual offender; serving a sentence of community supervision for life; or subject to an equivalent sexual offender registration or monitoring requirement in another jurisdiction
.



The defendant filmed, recorded, photographed, live-streamed, or otherwise transmitted a video or photograph of the offense
.



The defendant utilized an intoxicant, controlled substance, or other substance to influence the victim's central nervous system in the commission of the offense
.



The defendant used a deadly weapon in the commission of the offense if the defendant is being sentenced for rape of a child or aggravated rape of a child
.



At the time of the commission of the offense, the defendant knew or reasonably should have known that the victim was mentally defective, mentally incapacitated, or physically helpless
.



During the commission of the offense, the defendant's actions were especially heinous, atrocious, or cruel or involved the infliction of torture to the victim
.



The defendant provided remuneration to the victim or another for the purpose of gaining access to the victim, or to the victim in return for the victim's silence
.



During the proceeding which resulted in the defendant's conviction for rape of a child or aggravated rape of a child, the defendant was also convicted of additional counts of rape of a child, aggravated rape of a child, aggravated sexual battery, or continuous sexual abuse of a child involving one or more other victims.

MITIGATING CIRCUMSTANCES

In arriving at the punishment,
present law requires
the jury
to
consider

any mitigating circumstances
, including

certain outlined mitigating circumstances.
One mitigating circumstance that
the jury
must consider is whether the victim was a participant in the defendant's conduct or consented to the act. This bill clarifies that if the defendant was convicted of rape of a child or aggravated rape of a child, then the victim's participation or consen
t in the defendant's conduct is not a mitigating factor.

SEPARATE SENTENCING PROCEEDING
S

In a case of first degree murder or rape of a child in which the state does not seek the death penalty

but is seeking imprisonment for life without possibility of parole as the maximum punishment,
if
the jury find
s
the defendant guilty of first degree murder,
present law requires
the jury
to
fix the punishment in a separate sentencing proceeding to determine whether the defendant
is to
be sentenced to imprisonment for life without possibility of parole or imprisonment for life.
This bill adds that if
the
jury find
s
the defendant guilty
of
rape of a child
,
then
the jury
must also
fix the punishment in a separate sentencing proceeding to determine whether the defendant
is to
be sentenced to imprisonment for life without possibility of parole or imprisonment for life
.

Current Bill Text

SENATE BILL 1659
By Gardenhire

HOUSE BILL 1454
By Martin G
HB1454
010375
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 39
and Title 40, relative to sentencing for criminal
offenses.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-13-204(i), is amended by adding
the following as new subdivisions:
(20) The defendant committed aggravated rape of a child against a victim who
was less than four (4) years of age at the time of the commission of the offense;
(21) The defendant committed incest in the commission of the offense;
(22) At the time of the commission of the offense, the defendant was in a
position of trust, or had supervisory, disciplinary, or custodial authority over the victim by
virtue of the defendant's legal, professional, or occupational status and used the position
of trust or authority to accomplish the offense;
(23) At the time of the commission of the offense, the defendant was previously
convicted in this state or another jurisdiction of one (1) or more felony or misdemeanor
offenses, other than the present charge, the statutory elements of which involve unlawful
sexual contact with a minor;
(24) At the time of the commission of the offense, the defendant was required to
register as a sexual offender, violent sexual offender, or violent juvenile sexual offender;
serving a sentence of community supervision for life; or subject to an equivalent sexual
offender registration or monitoring requirement in another jurisdiction;
(25) The defendant filmed, recorded, photographed, live-streamed, or otherwise
transmitted a video or photograph of the offense;

- 2 - 010375

(26) The defendant utilized an intoxicant, controlled substance, or other
substance to influence the victim's central nervous system in the commission of the
offense;
(27) The defendant used a deadly weapon in the commission of the offense if
the defendant is being sentenced for rape of a child or aggravated rape of a child;
(28) At the time of the commission of the offense, the defendant knew or
reasonably should have known that the victim was mentally defective, mentally
incapacitated, or physically helpless;
(29) During the commission of the offense, the defendant's actions were
especially heinous, atrocious, or cruel or involved the infliction of torture to the victim;
(30) The defendant provided remuneration to the victim or another for the
purpose of gaining access to the victim, or to the victim in return for the victim's silence;
or
(31) During the proceeding which resulted in the defendant's conviction for rape
of a child or aggravated rape of a child, the defendant was also convicted of additional
counts of rape of a child, aggravated rape of a child, aggravated sexual battery, or
continuous sexual abuse of a child involving one (1) or more other victims.
SECTION 2. Tennessee Code Annotated, Section 39-13-204, is amended by deleting
subdivision (j)(3) and substituting:
(3) The victim was a participant in the defendant's conduct or consented to the
act; however, the victim's participation in the defendant's conduct or consent to the act is
not a mitigating factor if the defendant was convicted of rape of a child or aggravated
rape of a child;

- 3 - 010375

SECTION 3. Tennessee Code Annotated, Section 39-13-207(a)(1), is amended by
deleting "guilty of first degree murder," and substituting "guilty of first degree murder or rape of a
child, then".
SECTION 4. This act takes effect July 1, 2026, the public welfare requiring it, and
applies to acts occurring on or after that date.