Image Credit: TN General Assembly
The Tennessee Conservative [By Olivia Lupia] –
A bill that adds onto current Tennessee law allowing the death penalty for child rape has been passed by both chambers in the General Assembly and will now head to Governor Lee to sign into law.
Sponsored by Rep. Greg Martin (R-Hixson-District 26), HB1454/SB1659 expands the list of aggravating circumstances by which prosecutors may pursue the death penalty for those found guilty of the rape of a child.
Passed in 2024, the current law allowing for the death penalty in the “worst of the worst” cases increased the penalty for rape or aggravated rape of a child to a Class A felony Range III offense and allowed juries to consider the death penalty as one possible option for individuals convicted of child rape when the victim is 12 or younger.
This year’s proposed expansion would give prosecutors the power to pursue the death penalty in the following additional circumstances:
- Aggravated rape of a child under four years old
- Defendant holds a position of trust over a victim
- Defendant is a registered sex offender at the time of the offense
- Defendant knows a victim was mentally or physically defective or helpless
- Incest
- Previous felony or misdemeanor conviction for an offense involving sexual contact with a minor
- Filming or recording video or photographs of the offense
- Sedating victims with intoxicants, controlled substances
- Use of a deadly weapon in the commission of the offense
- Especially heinous, atrocious or cruel actions or torturing a victim
- Remuneration to a victim or another person for access to or to silence a victim
- An additional conviction for rape of a child, aggravated rape of a child, aggravated sexual battery, or continuous sexual abuse of a child
The Senate unanimously passed SB1659 in a 29-0 vote on March 23 while the House saw less bipartisan support for HB1454, reflected in the 77-4 vote on March 30.
While no Republicans voted against the legislation, and seven House Democrats joined their Republican colleagues in building upon efforts to increase public safety and provide justice for Tennessee children, the four “No” votes came from Democrats and eight other Democrats marked themselves “Present Not Voting.”
After Gov. Lee signs the bill, it will take effect in Tennessee beginning July 1, 2026.
About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
