Tennessee Supreme Court
State of Tennessee, Appellant v. Roger Dale Hill, Sr., Appellee
November 3, 19971997 Tenn. LEXIS 524
Summary
The Tennessee Supreme Court reversed the Court of Criminal Appeals and upheld a six-count aggravated rape indictment that did not allege a culpable mental state. Construing Tenn. Code Ann. § 39-11-301(b)-(c), the court held that although intent, knowledge, or recklessness is an element of aggravated rape under § 39-13-502(a)(4), an indictment omitting mens rea remains valid where it gives constitutionally adequate notice, complies with the form requirements of § 40-13-202, and the mental state can be logically inferred from the conduct alleged. Because unlawful sexual penetration of a child under thirteen can be committed only intentionally, knowingly, or recklessly, the indictment satisfied all three conditions. No separate opinions were filed.