House Bill 1454 amends Tennessee Code Annotated to introduce new aggravating factors for sentencing in cases of rape of a child and aggravated rape of a child. The bill adds several specific circumstances that would warrant harsher penalties, including offenses committed against very young victims (under four years old), instances of incest, and situations where the offender held a position of trust over the victim. Other aggravating factors include prior convictions for sexual offenses, the use of intoxicants to influence the victim, and the use of deadly weapons during the crime. Additionally, the bill specifies that if the defendant filmed or transmitted the offense, or if their actions were particularly heinous, these would also be considered aggravating circumstances.

The bill also modifies existing legal language regarding consent in cases of rape of a child or aggravated rape of a child, clarifying that a victim's participation or consent cannot be used as a mitigating factor in these specific cases. Furthermore, it updates the language in sentencing guidelines related to first-degree murder and rape of a child. The changes are set to take effect on July 1, 2026, and will apply to offenses occurring on or after that date.

Statutes affected:
Introduced: 39-13-204(i), 39-13-204, 39-13-207(a)(1), 39-13-207