Statutes: Tennessee

(a) 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.
 

(b) Rape of a child is a Class A felony and shall be punished as follows:
 

(1) If the defendant was a juvenile at the time of the offense, then the defendant shall be punished as a Range II offender; however the sentence imposed may, if appropriate, be within Range III, but in no case shall it be lower than Range II; and
 

(2) If the defendant was an adult at the time of the offense, then the sentence must be:
 

(A) Death;
 

(B) Imprisonment for life without possibility of parole; or
 

(C) Imprisonment for life.