Tennessee Prohibited Consensual Sexual Activity Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed June 09, 2025

There are federal and state laws regarding non-consensual sex. For example, sexual assault, rape, and other sex crimes all involve non-consensual sex and are serious violations. For the most part, the government does not and cannot regulate consensual sexual activity. However, there are some situations where consensual sex crosses the line and either endangers another's well-being or disrupts the public order.

This article provides a brief overview of Tennessee laws prohibiting certain consensual and non-consensual sexual acts. Remember that "consent" is a legal term under Tennessee criminal law. For example, no one under the age of 18 can consent to sexual activity in Tennessee.

History of Sexual Activity Laws

The state of Tennessee regulates certain voluntary sexual activities. Most of these guidelines reflect Tennessee's lawmakers' and citizens' social and political norms.

While any non-consensual sex is a crime, most states have enforced anti-sodomy laws in the past. Tennessee removed its statute outlawing sodomy in Campbell v. Sundquist in 1996. In 2003, the U.S. Supreme Court held in Lawrence v. Texas that these laws were unconstitutional since they singled out same-sex couples.

Most states also have laws dating back more than a century outlawing bestiality. Under Tennessee Code, it’s illegal to have sexual intercourse with a farm animal. It’s also illegal to photograph a human being having sexual relations with an animal.

Consensual Sexual Activity Laws in Tennessee

The main provisions of Tennessee's consensual sexual activity laws are highlighted in the following chart. You can find more information and resources on this topic in FindLaw's section on Sex Crimes.

Applicable Sodomy Laws Under Tennessee Code	There is no anti-sodomy statute in Tennessee's books.
HIV Exposure and Compelled Testing for Offenders	When law enforcement arrests someone for allegedly violating a sex crime law, that person must undergo testing for HIV and other STIs within 48 hours.
Other Crimes Relating to Consensual Sex Acts Under Tennessee Code	Prostitution (T.S.A. § 39-13-513 et seq.): Prostitution is a Class B misdemeanor, while patronizing prostitution is a Class A misdemeanor. Depending on the facts of the case, the state may also file criminal charges for a Class E felony. This will happen if the victim is not of the age of consent or if the defendant has multiple prior convictions. Public Indecency: (T.S.A. § 39-13-511): Public indecency is a Class A misdemeanor. If the event occurs in the presence of a child, the offense is a Class E felony.
Other Crimes Relating to Non-Consensual Sex Acts Under Tennessee Code	Statutory Rape: Tennessee law has three categories of statutory rape: Class C felony: Imprisonment of three to 15 years and a fine of up to $10,000 Class D felony: The judge may sentence you to two to 12 years of prison time and up to $5,000 in fines The third type of statutory rape is mitigated statutory rape. Tennessee is the only state that has this law, and it applies in very limited circumstances. The state can charge you with mitigated statutory rape if the victim is between 15 and 17 years old and you are four to five years older than them. This is a Class E felony punishable by up to six years in prison and a fine of up to $3,000. Rape: Class A felony - 15 to 60 years in state prison and a fine of up to $50,000. Rape and aggravated sexual battery: Class B Felony - Eight to 30 years in prison and a fine up to $25,000. For more information, visit FindLaw's article on Tennessee Rape and Sexual Assault Laws.

Note: State laws may change due to new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a criminal defense lawyer or conduct legal research to verify Tennessee state laws.