WeVote
Log In

Bill

Bill

HB 1352

Sentencing - As enacted, provides that if the victim in an aggravated sexual battery was less than 18 or was mentally defective, mentally incapacitated, or physically helpless, then such battery remains a Class B felony, and the defendant must be punished as a Range II offender; provides that the sentence imposed upon the defendant may, if appropriate, be within Range III but in no case lower than Range II. - Amends TCA Title 39, Chapter 13, Part 5.

114th Regular Session (2025-2026) Introduced by Mary Littleton

Tennessee law mandates Range II minimum sentencing for aggravated sexual battery of minors or incapacitated persons, eliminating judicial leniency while allowing Range III enhancement at judges' discretion.

Comp. became Pub. Ch. 375
#sentencing
0
WeVote Research Nonpartisan
Bill Summary · HB 1352

Legislative bill overview

HB 1352 mandates stricter sentencing guidelines for aggravated sexual battery cases involving victims under 18 or those who are mentally defective, mentally incapacitated, or physically helpless. The law requires such offenses remain Class B felonies with minimum Range II sentencing, allowing judges discretion to impose Range III sentences but prohibiting anything below Range II.

Why this is important

This legislation establishes mandatory minimum sentencing floors for sexual offenses against vulnerable populations, removing judicial discretion for lighter sentences. The change reflects legislative intent to increase accountability and consistency in sentencing for crimes against minors and incapacitated individuals, though it reduces judges' ability to consider individual case circumstances.

Potential points of contention

  • Judicial discretion vs. mandatory minimums: The law removes judges' ability to sentence below Range II even in exceptional circumstances, which some argue undermines individualized justice while others view as necessary protection for vulnerable victims
  • Definitional ambiguity: Terms like "mentally defective" and "mentally incapacitated" may be interpreted inconsistently across jurisdictions and could raise constitutional concerns about vagueness
  • Sentencing disparity concerns: Mandatory minimums can create unequal outcomes depending on whether victims technically meet statutory definitions, potentially treating similar crimes differently

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.