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Roger, Lawyer
Category: Criminal Law
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Is 39.3704 Criminal Conduct- Second degree still valid

Customer Question

Is 39.3704 Criminal Sexual Conduct- Second degree still valid legally in Tennessee
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'm a lawyer in Tennessee. I'll be glad to assist.

Expert:  Roger replied 1 year ago.

Yes, this statute appears to still be in place. Here it is:

39-3704. Criminal Sexual conduct- Second degree

(A) A person is guilty of criminal sexual conduct in the second degree if that person engages in sexual contact with another person, and if any of the following circumstances exists:

(1) The victim is under thirteen (13) years of age.

(2) The victim is at least thirteen (13) but less than sixteen (16) years of age, and either the actor is related by blood or affinity to the third degree to the victim, or the actor is in a position of custodial or official authority over the victim and the actor used this authority to coerce the victim to submit. The actor under this section, must be at least three (3) years older than the victim.

(3) The actor uses a weapon or any article used or fashioned in a manner calculated to lead a person reasonably to believe it to be a weapon, to force or coerce the victim to engage in sexual contact.

(4) The actor causes personal injury to the victim and force or coercion is used to accomplish the sexual contact: Force or coercion includes but is not limited to any of the circumstances listed in 39-3703 (A)(4), (a) through (d).

(5) The actor causes personal injury to the victim and the actor knows or should, as a reasonable person, know that the victim is mentally defective, mentally incapacitated or physically helpless.

(B) Second degree criminal sexual conduct is a felony punishable by imprisonment in the penitentiary for a period not less than two (2) years nor more than fifteen (15) years.

Provided, however, if the victim of the offense dies or is seriously injured as the result of an assault committed by the defendant either directly before, after or during the offense and the defendant is convicted of a violation of this section only, such defendant shall be ineligible for probation as provided in 40-2901, parole as provided in 40-3612, work release, trustyship, furlough, or any other program or method whereby the offender’s term of imprisonment in the penitentiary may be reduced or enjoys the privilege of supervised or unsupervised release into the community.

Here's a link to the law and related statutes:

Expert:  Roger replied 1 year ago.

Actually, it does appear that this statute was repealed....and only applies to offenses occurring before it was repealed.

Expert:  Roger replied 1 year ago.

It appears that the statute was repealed around 1997.

Expert:  Roger replied 1 year ago.

If you need anything further, please let me know. Thanks!