(a) A person commits incest who engages in sexual penetration as defined in § 39-13-501, with a person, knowing the person to be, without regard to legitimacy: (1) The person's natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child; or(2) The person's brother or sister of the whole or half-blood or by adoption.(b)(1) Except as provided in subdivision (b)(2), incest is a Class C felony.(2) If the victim of the offense is a minor, incest is a Class B felony and, notwithstanding title 40, chapter 35, the defendant shall 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.Amended by 2023 Tenn. Acts, ch. 283, s 2, eff. 7/1/2023.Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 25.
Tennessee Legal Code