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If You've Been Arrested for Child Molestation...

Your entire life is on the line. These cases are emotionally charged, harshly prosecuted, and carry some of the most severe penalties under Tennessee law. Even the mere allegation can destroy your reputation, career, and personal relationships. You need a Memphis child molestation lawyer who will defend your rights, challenge the evidence, and protect your future—starting today.

Accused of a Sex Crime?

What is Considered Child Molestation Under Tennessee Law?

Tennessee doesn’t use the exact term “child molestation” in its statutes, but it encompasses a wide range of sex offenses involving minors. These include unlawful sexual contact or penetration with anyone under the age of 18, with specific classifications based on the victim’s age and the relationship to the accused.

Child molestation charges may arise from allegations involving:

  • Sexual penetration or contact with a child
  • Possession, creation, or distribution of child sexual abuse material
  • Online solicitation or exploitation of a minor
  • Statutory rape involving age-based consent violations
  • Sexual battery by an authority figure
Shelby County Criminal Court
  • Address: 201 Poplar Avenue, Memphis, TN 38103
  • Phone: (901) 222-3200
  • Hours: Monday – Friday, 8:00 AM – 4:30 PM
Shelby County General Sessions Criminal Court
  • Address: 201 Poplar Avenue, Suite LL-81, Memphis, TN 38103
  • Phone: (901) 222-3500
  • Hours: Monday – Friday, 8:00 AM – 4:30 PM

Tennessee Statutes Related to Child Molestation Charges

Understanding the charges requires a look at the specific criminal statutes. Here’s a breakdown of some of the most relevant laws involving minors.

Rape of a Child – § 39-13-522

This involves unlawful sexual penetration of a child between 3 and 12 years old. It is a Class A felony with a mandatory minimum sentence of 25 years in prison. No parole. No probation. This is one of the harshest charges in Tennessee law.

Aggravated Rape of a Child – § 39-13-531

This applies to children aged 3 years or younger and is also a Class A felony, sentenced within Range III—the highest punishment bracket available under Tennessee’s sentencing structure.

Statutory Rape – § 39-13-506

This charge depends on the age gap between the minor and the accused:

  • Mitigated Statutory Rape: Minor aged 15–17 and defendant is 4–5 years older (Class E felony)
  • Statutory Rape: Minor aged 13–15 and defendant is 4–10 years older, or minor aged 15–17 and defendant is more than 5 but less than 10 years older (Class E felony)
  • Aggravated Statutory Rape: Defendant is 10+ years older than the minor (Class D felony)

Statutory Rape by an Authority Figure – § 39-13-532

If the accused held a position of trust or authority (e.g., teacher, coach, caregiver), and used that position to engage in sexual acts with a minor aged 13–17, the offense becomes a Class C felony, and probation or diversion is not allowed.

Sexual Battery by an Authority Figure – § 39-13-527

This statute criminalizes sexual contact (not just penetration) when the defendant is in a position of trust over a minor aged 13–17. It is also a Class C felony with similarly harsh consequences.

Aggravated Sexual Battery – § 39-13-504

If the victim is under 13 years old, and the accused engages in unlawful sexual contact, it becomes a Class B felony, which can carry up to 30 years in prison.

Especially Aggravated Sexual Exploitation of a Minor – § 39-17-1005

This includes knowingly using or employing a child in sexual content or performance, such as child pornography. It’s a Class B felony, and each image can be charged as a separate count.

Solicitation of a Minor – § 39-13-528

An adult who entices or solicits a minor—even through online communication—for unlawful sexual activity may be charged under this statute. The penalty is one level below the offense solicited (e.g., soliciting rape of a child = Class B felony charge).

Penalties for Child Molestation Conviction

If convicted of a child sex crime in Tennessee, the consequences are severe:

  • Mandatory prison sentences with little or no possibility of parole
  • Lifetime sex offender registration under the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification, and Tracking Act
  • No probation, diversion, or early release options for many offenses
  • Loss of parental rights, professional licenses, and firearm rights

Worse yet, you could be branded a sexual predator for life—even before trial. That’s why it’s critical to act fast and retain a Memphis child molestation lawyer who can fight aggressively from day one.

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Your Rights During Investigation and Charges

The investigation phase is where many cases are won or lost. Unfortunately, this is also when most people make critical mistakes that hurt their defense. You have constitutional rights that protect you throughout this process, but only if you exercise them properly.

Key Rights You Must Protect:

  • Right to remain silent during questioning
  • Protection against unlawful search and seizure
  • Right to have an attorney present during interviews
  • Right to refuse Child Protective Services interviews without counsel

Never participate in police interviews or Child Protective Services meetings without legal representation present. Anything you say can and will be used against you, even if you believe you’re helping your case by providing your side of the story.

Possible Defenses in Child Molestation Cases

Effective Defense Strategies Include:

  • False Accusations – Children may be influenced by suggestive questioning or coached by adults with ulterior motives
  • Insufficient Evidence – When evidence is weak, inconsistent, or based primarily on testimony from a single witness
  • Challenging Forensic Evidence – DNA evidence and digital forensics must be collected and analyzed properly
  • Improper Interview Techniques – Research shows children are particularly susceptible to suggestion during questioning

Interview techniques used with children are often problematic. When law enforcement makes mistakes in their investigation, we can work to have that evidence excluded from trial. We examine every aspect of how alleged victims were questioned.

What Makes Harvey Criminal Defense Lawyers Different

As your professional attorney in Memphis, we know that facing child molestation charges represents one of the most challenging situations you’ll ever encounter. Our approach combines aggressive advocacy with compassionate support during this difficult time.

Our experience with Tennessee criminal law includes defending clients against the most serious charges in the state. We are aware of how Memphis prosecutors build their cases and know the strategies that are most effective in challenging their evidence.

Likewise, we provide personalized attention to every case. You’re not just another file number to us. We take the time to look into your situation, explain your options, and develop a defense strategy that gives you the best chance of achieving a favorable outcome.

The Criminal Defense Process in Memphis

Your Defense Process Follows These Steps:

  1. Initial Consultation – We evaluate the evidence against you and begin developing a defense strategy
  2. Investigation and Evidence Gathering – We conduct independent interviews and review police reports
  3. Pre-trial Motions – We file motions to suppress illegally obtained evidence and challenge testimony
  4. Trial Preparation – We work with expert witnesses and prepare for cross-examination

Pre-trial motions can significantly impact the outcome of your case. We file motions to suppress illegally obtained evidence, challenge the admissibility of certain testimony, and seek dismissal of charges when appropriate. These motions can sometimes result in charges being dropped before trial.

Memphis Criminal Defense Attorney You Can Trust

Phil Harvey began his legal career defending clients at the Shelby County Public Defender’s Office, where he gained extensive experience with the Memphis court system. This background provides crucial insight into how local prosecutors and judges approach these cases.

Our law firm focuses on criminal defense, which means we have the knowledge and experience necessary to handle complex cases involving allegations of child molestation.

Areas Served

  • Memphis
  • Covington
  • Henderson
  • Germantown
  • Somerville
  • Collierville
  • Brownsville
  • Bartlett
  • 38103
  • 38104
  • 38105
  • 38106
  • 38107
  • 38108
  • 38109
  • 38111
  • 38112
  • 38114
  • 38115
  • 38116
  • 38117
  • 38118
  • 38119
  • 38120
  • 38122
  • 38125
  • 38126
  • 38127
  • 38128
  • 38131
  • 38132
  • 38133
  • 38134
  • 38135

Reach Out To a Professional Lawyer in Memphis

If you’re facing child molestation charges in Memphis, Shelby County, or anywhere in West Tennessee, you cannot afford to wait. Every day that passes without proper legal representation is a day that the prosecution can use to build their case against you.

We are available to speak with you about your case immediately. Our confidential consultation provides an opportunity to discuss your situation, understand your options, and begin developing a defense strategy that protects your rights and freedom.

Contact Harvey Criminal Defense Lawyers today and schedule your confidential consultation. Because when your life hangs in the balance, you need a fighter in your corner.

Frequently Asked Questions

What qualifies as child molestation under Tennessee law?

Tennessee does not use the exact term “child molestation” in its criminal code. Instead, it encompasses a range of sexual offenses involving minors, including rape of a child (§ 39-13-522), aggravated sexual battery (§ 39-13-504), statutory rape (§ 39-13-506), and sexual battery by an authority figure (§ 39-13-527). These offenses typically involve unlawful sexual contact or penetration with a person under 18 years old.

What are the penalties for child molestation in Tennessee?

Penalties vary by charge but are often extremely severe. For example:

  • Rape of a child (victim ages 3–12) is a Class A felony with a mandatory minimum 25-year prison sentence.
  • Aggravated rape of a child (victim under age 3) is also a Class A felony.
  • Sexual battery by an authority figure is a Class C felony, often resulting in years of incarceration and sex offender registration.
Can I be charged for online conversations with a minor?

Yes. Under § 39-13-528 and § 39-13-529, it is illegal to solicit a minor—either directly or through electronic communication—for any sexual purpose. Even if the child is a law enforcement decoy, you can still be prosecuted. These offenses often result in felony charges, even without physical contact.

Will I have to register as a sex offender if convicted?

In most cases, yes. Nearly all sexual offenses involving minors—including statutory rape, sexual battery, and child exploitation—require mandatory sex offender registration. This registry is public, long-term (often for life), and comes with strict housing, employment, and travel restrictions.

What should I do if I’ve been falsely accused?

Do not speak to police, media, or the alleged victim. Contact an experienced Memphis child molestation lawyer immediately. False allegations can arise from custody battles, misunderstandings, or malicious intent. The right legal team can gather evidence, challenge the charges, and fight to protect your reputation and freedom.

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