Estatutos seleccionados de Tennessee

(a) Aggravated sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:
 

(1) Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
 

(2) The defendant causes bodily injury to the victim;
 

(3) The defendant is aided or abetted by one (1) or more other persons; and
 

(A) Force or coercion is used to accomplish the act; or
 

(B) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
 

(4) The victim is less than thirteen (13) years of age.
 

(b)(1) Except as provided in subdivision (b)(2), aggravated sexual battery is a Class B felony.
 

(2) If the victim was less than eighteen (18) years of age or was mentally defective, mentally incapacitated, or physically helpless, then aggravated sexual battery is a Class B felony and, notwithstanding title 40, chapter 35, the defendant must be punished as a Range II offender; however, the sentence imposed upon the defendant may, if appropriate, be within Range III but in no case shall it be lower than Range II.