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Posts tagged "Statutory Rape"

Multiple Offenses Against a Minor Lead to a Sentence of 174 years

When a criminal defendant is convicted of multiple offenses, the trial court must determine whether each of those offenses constitute separate individual crimes. When they do, the trial court, at sentencing, must determine how to align the sentences for those individual convictions. Some circumstances require that sentences be served consecutively to each other. When not required, many circumstances may still exist under which a trial court has the discretion to impose sentences either consecutively or concurrently. In the recent case of State v. Hogg, M2012-00303-CCA-R3-CD (Tenn.Crim.App. 4-16-2013), the Tennessee Court of Criminal Appeals upheld a trial court's determination of numerous separate individual offenses and consecutive sentences leading to a total effective sentence of 174 years (132 of them to be served at 100%), arising out of a single sex encounter with a minor.

Multiple Offenses Against a Minor Lead to a Sentence of 174 years

When a criminal defendant is convicted of multiple offenses, the trial court must determine whether each of those offenses constitute separate individual crimes. When they do, the trial court, at sentencing, must determine how to align the sentences for those individual convictions. Some circumstances require that sentences be served consecutively to each other. When not required, many circumstances may still exist under which a trial court has the discretion to impose sentences either consecutively or concurrently. In the recent case of State v. Hogg, M2012-00303-CCA-R3-CD (Tenn.Crim.App. 4-16-2013), the Tennessee Court of Criminal Appeals upheld a trial court's determination of numerous separate individual offenses and consecutive sentences leading to a total effective sentence of 174 years (132 of them to be served at 100%), arising out of a single sex encounter with a minor.

Multiple Offenses Against a Minor Lead to a Sentence of 174 years

When a criminal defendant is convicted of multiple offenses, the trial court must determine whether each of those offenses constitute separate individual crimes. When they do, the trial court, at sentencing, must determine how to align the sentences for those individual convictions. Some circumstances require that sentences be served consecutively to each other. When not required, many circumstances may still exist under which a trial court has the discretion to impose sentences either consecutively or concurrently. In the recent case of State v. Hogg, M2012-00303-CCA-R3-CD (Tenn.Crim.App. 4-16-2013), the Tennessee Court of Criminal Appeals upheld a trial court's determination of numerous separate individual offenses and consecutive sentences leading to a total effective sentence of 174 years (132 of them to be served at 100%), arising out of a single sex encounter with a minor.

Statutory Rape Charges Are Not Required to Allege a Specific Date

In Tennessee, aggravated statutory rape occurs when there is sexual penetration between a victim, age thirteen to seventeen, and a person more than ten years older than the victim. When proving statutory rape allegations at trial, any individual incident must be distinguished sufficiently to separate it from other alleged incidents and to establish proper jurisdiction over the defendant, as well as to meet the elements of the offense. A specific date is not necessary. Where multiple incidents are alleged, a bill of particulars filed before the trial date may be helpful in further distinguishing the specific allegations. In the recent case of State v. Harding, M2011-00597-CCA-R3-CD (Tenn.Crim.App. 1-25-2013), appellate argument that six individual counts of aggravated statutory rape were not sufficiently distinguished by date in the indictment was weakened by the fact that no bill of particulars had been requested before trial.

Statutory Rape Charges Are Not Required to Allege a Specific Date

In Tennessee, aggravated statutory rape occurs when there is sexual penetration between a victim, age thirteen to seventeen, and a person more than ten years older than the victim. When proving statutory rape allegations at trial, any individual incident must be distinguished sufficiently to separate it from other alleged incidents and to establish proper jurisdiction over the defendant, as well as to meet the elements of the offense. A specific date is not necessary. Where multiple incidents are alleged, a bill of particulars filed before the trial date may be helpful in further distinguishing the specific allegations. In the recent case of State v. Harding, M2011-00597-CCA-R3-CD (Tenn.Crim.App. 1-25-2013), appellate argument that six individual counts of aggravated statutory rape were not sufficiently distinguished by date in the indictment was weakened by the fact that no bill of particulars had been requested before trial.

Statutory Rape Charges Are Not Required to Allege a Specific Date

In Tennessee, aggravated statutory rape occurs when there is sexual penetration between a victim, age thirteen to seventeen, and a person more than ten years older than the victim. When proving statutory rape allegations at trial, any individual incident must be distinguished sufficiently to separate it from other alleged incidents and to establish proper jurisdiction over the defendant, as well as to meet the elements of the offense. A specific date is not necessary. Where multiple incidents are alleged, a bill of particulars filed before the trial date may be helpful in further distinguishing the specific allegations. In the recent case of State v. Harding, M2011-00597-CCA-R3-CD (Tenn.Crim.App. 1-25-2013), appellate argument that six individual counts of aggravated statutory rape were not sufficiently distinguished by date in the indictment was weakened by the fact that no bill of particulars had been requested before trial.

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