State Guide
Age of Consent in Tennessee
A plain-English guide to the age of consent in Tennessee, cited to Tenn. Code § 39-13-506. Tennessee is one of the few states to officially name its own three-tier statutory rape structure, including a “mitigated” tier.
Genuine exemption under 4 yearsTennessee at a glance
The core figures from this guide, in one place.
| Age of consent | 18 |
|---|---|
| Governing statute | Tenn. Code § 39-13-506 (Statutory Rape) |
| Close-in-age mechanism | Exempt under 4 years; “mitigated” tier at 4–5 years |
| Age-based defense, if any | Limited mistake-of-age defense, victim 13 or older only |
| Related offense | Child rape (victim under 13) — Tenn. Code § 39-13-522 |
Overview
Tennessee’s age of consent is 18. Its statutory rape law, Tenn. Code Section 39-13-506, is unusual for explicitly naming three tiers of the offense in the statute itself: mitigated statutory rape, statutory rape, and aggravated statutory rape, each tied to the age gap between the two people.
Below the smallest gap the statute covers, the conduct is not addressed by this statute at all, functioning as a genuine exemption rather than a defense. Sources describe this informally as Tennessee’s Romeo and Juliet allowance, though it is not a separately named law, it is simply the bottom edge of the statute’s own coverage.
Age of consent in Tennessee
Section 39-13-506 covers sexual penetration involving a victim 13 through 17. Whether it applies, and at which of the three tiers, depends entirely on the size of the age gap between the victim and the defendant, not solely on the victim’s age.
Close-in-age rules in Tennessee
Section 39-13-506 sets out three tiers by age gap:
- Mitigated statutory rape: victim 15–17, defendant 4 to 5 years older. A Class E felony, the least severe tier.
- Statutory rape: victim 13–14 with a defendant 4 to under 10 years older, or victim 15–17 with a defendant more than 5 but under 10 years older.
- Aggravated statutory rape: victim 13–17, defendant 10 or more years older. The most severe tier.
Exceptions and defenses
Tennessee allows a limited mistake-of-age defense: the defendant must have reasonably believed the victim was 13 or older and reasonably believed the victim had reached an age where statutory rape would not apply. This defense is not available where the victim was younger than 13. Consent itself is never a defense to statutory rape in Tennessee, since the law treats a minor as unable to give legally effective consent.
Applicable statutes
The codified Tennessee law this guide is drawn from.
Practical examples
Example 1. A 16-year-old and a 19-year-old, a three-year gap. Because the gap is under four years, Section 39-13-506 does not reach this conduct at all.
Example 2. A 16-year-old and a 20-year-old, a four-year gap. This falls within the mitigated tier, a Class E felony, the least severe of the three.
Example 3. A 14-year-old and a 26-year-old, a twelve-year gap. This exceeds ten years, making it aggravated statutory rape, the most severe tier.
Frequently asked questions about Tennessee
What is the age of consent in Tennessee?
18. Below that age, Tenn. Code Section 39-13-506 applies one of three named tiers depending on the age gap between the two people.
Does Tennessee have a Romeo and Juliet law?
Informally, yes. Under a four-year age gap, the statutory rape statute does not reach the conduct at all for a victim 13 through 17. It is not a separately named law, just the bottom edge of the statute’s coverage.
What is “mitigated” statutory rape?
The least severe of the three officially named tiers: a victim 15 through 17 with a defendant 4 to 5 years older, charged as a Class E felony.
Is there a mistake-of-age defense in Tennessee?
A limited one. The defendant must have reasonably believed the victim was at least 13 and old enough that statutory rape would not apply. This defense is not available if the victim was younger than 13.
What happens if the victim is under 13?
A separate, much more serious offense, child rape, applies instead, with no close-in-age allowance and significantly harsher penalties.
Official sources
Primary and official sources this guide is built from.
Tennessee’s three named tiers
Severity is set entirely by the age gap, once the statute applies at all.
| Age gap | Tier | Severity |
|---|---|---|
| Under 4 years | Not covered by this statute | None under this section |
| 4–5 years (victim 15–17) | Mitigated statutory rape | Class E felony |
| Up to 10 years (varies by victim age) | Statutory rape | More severe than mitigated |
| 10 years or more | Aggravated statutory rape | Most severe |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the Tennessee Code and the Tennessee Bureau of Investigation’s official sexual offense definitions, cross-checked against multiple independent legal references.
Pending attorney review
This guide has not yet been checked by a licensed Tennessee attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects the Tennessee Code as of 25 July 2026. It has not yet been reviewed by a licensed Tennessee attorney; treat it as sourced and current-as-drafted, not as attorney-verified, until the reviewer field above is updated.