(a) Rape is unlawful sexual penetration of a victim by the defendant or of the defendant by a victim accompanied by any of the following circumstances:(1) Force or coercion is used to accomplish the act;(2) The sexual penetration is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the penetration that the victim did not consent;(3) 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, with an intellectual disability; or(4) The sexual penetration is accomplished by fraud.(b)(1)(A) Except as provided in subdivision (b)(1)(B), rape is a Class B felony.(B) If the victim of the offense is at least thirteen (13) years of age but less than eighteen (18) years of age, rape is a Class B felony and, notwithstanding title 40, chapter 35, the defendant shall be punished as a Range II offender; however, the sentence imposed upon the defendant may, if appropriate, be within Range III but in no case shall it be lower than Range II.(2) Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case shall it be lower than Range II.Amended by 2023 Tenn. Acts, ch. 283, s 1, eff. 7/1/2023.Amended by 2023 Tenn. Acts, ch. 155, s 3, eff. 7/1/2023.Amended by 2021 Tenn. Acts, ch. 500, s 4, eff. 10/1/2021.Acts 1989, ch. 591, § 1; 1995, ch. 484, § 1; 1997 , ch. 406, § 1; 2005, ch. 353, § 11.