Rape of a Child

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  1. 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.
    1. Rape of a child is a Class A felony.
      1. Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender;  however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case shall it be lower than Range II.
      2. Section 39-13-525(a) shall not apply to a person sentenced under this subdivision (b)(2).
      3. Notwithstanding any  law to the contrary, the board of parole may require, as a mandatory condition of supervision for any person convicted under this section, that the person be enrolled in a satellite-based monitoring program for the full extent of the person's term of supervision consistent with the requirements of § 40-39-302.


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