(a) This section shall be known and may be cited as the “Child Rape Protection Act of 2006.”

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111
Have a question? Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Tennessee Code 39-15-210

  • Law enforcement officer: means an officer, employee or agent of government who has a duty imposed by law to:
    (A) Maintain public order. See Tennessee Code 39-11-106
  • Minor: means any person under eighteen (18) years of age. See Tennessee Code 39-11-106
  • Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106
  • Services: includes labor, skill, professional service, transportation, telephone, mail, gas, electricity, steam, water, cable television, entertainment subscription service or other public services, accommodations in hotels, restaurants or elsewhere, admissions to exhibitions, use of vehicles or other movable property, and any other activity or product considered in the ordinary course of business to be a service, regardless of whether it is listed in this subdivision (a)(38) or a specific statute exists covering the same or similar conduct. See Tennessee Code 39-11-106
(b)

(1) When a physician has reasonable cause to report the sexual abuse of a minor pursuant to § 37-1-605, because the physician has been requested to perform an abortion on a minor who is less than thirteen (13) years of age, the physician shall, at the time of the report, also notify the official to whom the report is made of the date and time of the scheduled abortion and that a sample of the embryonic or fetal tissue extracted during the abortion will be preserved and available to be turned over to the appropriate law enforcement officer conducting the investigation into the rape of the minor.
(2) If a minor who is at least thirteen (13) but no more than seventeen (17) years of age requests a physician to perform an abortion and the physician has reasonable cause to believe there is child sexual abuse involved as defined by § 37-1-602, the physician shall report the abuse pursuant to § 37-1-605. This subdivision (b)(2) shall apply only when a physician performs elective abortion services as a part of their practice.
(c)

(1) In the transmission of the embryonic or fetal tissue sample to the appropriate law enforcement officer, in order to protect the identity and privacy of the minor, all identifying information concerning the minor shall be treated as confidential and shall not be released to anyone other than the investigating and prosecuting authorities directly involved in the case of the particular minor.
(2) Where the minor has obtained a judicial waiver of the parental notification requirements pursuant to title 37, chapter 10, part 3, confidentiality shall be maintained as provided in that part.
(d) It is an offense for a physician licensed or certified under title 63, chapter 6 or 9, or other person to knowingly fail to comply with this section or any rule or regulation adopted pursuant to this section.

(1) A first violation of this section is a civil penalty to be assessed by the provider’s health related board of not less than five hundred dollars ($500);
(2) A second violation of this section is a civil penalty to be assessed by the provider’s health related board of not less than one thousand dollars ($1,000); and
(3) A third or subsequent violation of this section is a Class A misdemeanor.
(e) If the person performing the abortion is a physician licensed or certified under title 63, chapter 6 or 9, the violation constitutes unprofessional conduct. The conduct subjects the physician, in addition to the penalties set out in subsection (d), to disciplinary action.