Section 39-13-534 - Especially aggravated rape(a) Especially aggravated rape is unlawful sexual penetration of a victim by the defendant or the defendant by a victim that would constitute aggravated rape under § 39-13-502 accompanied by two (2) or more of the following circumstances: (1) The defendant tortures the victim during the commission of the offense;(2) The defendant mutilates the victim during the commission of the offense;(3) The defendant also commits the offense of kidnapping, as defined in § 39-13-303, or false imprisonment, as defined in § 39-13-302, against the victim;(4) The defendant also commits the offense of involuntary labor servitude, as defined in § 39-13-307, or trafficking for a commercial sex act, as defined in § 39-13-309, against the victim;(5) The defendant has, at the time of the commission of the offense, more than one (1) prior conviction for a sexual offense or a violent sexual offense, as those terms are defined in § 40-39-202;(6) The offense occurs during an attempt by the defendant to perpetrate first degree murder in violation of § 39-13-202;(7) The defendant subjects the victim to extreme cruelty during the commission of the offense;(8) The defendant's commission of the offense involved more than one (1) victim; or(9) The defendant knows or has reason to know that the victim is:(B) Mentally incapacitated;(C) Physically helpless; or(D) A vulnerable adult, as defined in § 39-15-501.(b) Especially aggravated rape is a Class A felony and shall be punished as follows:(1) If the defendant was a juvenile at the time of the commission of the offense, then the sentence must be from Range III, as set forth in title 40, chapter 35; and(2) If the defendant was an adult at the time of the commission of the offense, then the defendant shall be punished by imprisonment for life without possibility of parole.(c) A person may not be convicted of both a violation of this section and a violation of § 39-13-502, § 39-13-535, or § 39-13-117 if the facts supporting the prosecution arise out of the same criminal conduct.Added by 2022 Tenn. Acts, ch. 1062, s 1, eff. 7/1/2022.