A new Tennessee bill proposal seeks to expand on the current state law that permits the death penalty for child rapists.
In 2024, Tennessee passed a law that authorizes the death penalty as a punishment for rape of a child, aggravated rape of a child, or especially aggravated rape of a child.
The Volunteer State became the second state after Florida to pass this type of legislation. Since then, three other states have passed similar legislation: Idaho, Oklahoma, and Arkansas.
House Bill (HB) 1454 would expand Tennessee’s law even further by adding aggravators for a judge to consider when someone is charged with aggravated rape of a child.
The bill, pre-filed by State Representative Greg Martin (R-Hixson), adds 11 new aggravators that may be considered in these criminal cases.
The aggregators include:
- Victim is less than 4 years old;
- Defendant commits incest;
- Defendant was in a position of trust over the victim;
- Previous felony or misdemeanor conviction involving sexual contact with a minor;
- Defendant was required to register as a sex offender;
- Defendant filmed, photographed or live-streamed the offense;
- Defendant used a controlled substance on victim;
- Defendant used a deadly weapon on victim;
- Defendant knows the victim has mental defects or physically helpless;
- Defendant provides money to victim or another person to remain silent;
- Defendant is convicted of additional crimes related to child rape.
On top of this, HB 1454 says that the victim’s participation can’t be considered as a mitigating factor when a defendant is “convicted of rape of a child or aggravated rape of a child.”
According to Justia, defense attorneys use mitigating factors to help lessen their clients’ punishment.
This bill proposal will be considered during the 2026 legislative session. If this were to become law, it would take effect on July 1, 2026.
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Zachery Schmidt is the digital editor of The Star News Network. Email tips to Zachery at zschmidt1717@gmail.com.
