Continuous sexual abuse of a child – Felony offense – Penalties – Notice identifying multiple acts of sexual abuse of a child

(a) As used in this section: (1) “Multiple acts of sexual abuse of a child” means: (A) (i) Engaging in three (3) or more incidents of sexual abuse of a child involving the same minor child on separate occasions; provided, that at least one (1) such incident occurred within the county in which the charge is filed and that one (1) such incident occurred on or after July 1, 2014; (ii) Engaging in at least one (1) incident of sexual abuse of a child upon three (3) or more different minor children on separate occasions; provided, that at least one (1) such incident occurred within the county in which the charge is filed and that one (1) such incident occurred on or after July 1, 2014; or (iii) Engaging in five (5) or more incidents of sexual abuse of a child involving two (2) or more different minor children on separate occasions; provided, that at least one (1) such incident occurred within the county in which the charge is filed and that one (1) such incident occurred on or after July 1, 2014; and (B) The victims of the incidents of sexual abuse of a child share distinctive, common characteristics, qualities or circumstances with respect to each other or to the person committing the offenses, or there are common methods or characteristics in the commission of the offense, allowing otherwise individual offenses to merge into a single continuing offense involving a pattern of criminal activity against similar victims. Common characteristics, qualities or circumstances for purposes of this subdivision (a)(1)(B) include, but are not limited to: (i) The victims are related to the defendant by blood or marriage; (ii) The victims reside with the defendant; or (iii) The defendant was an authority figure, as defined in § 39-13-527(a)(3), to the victims and the victims knew each other; and (2) “Sexual abuse of a child” means to commit an act upon a minor child that is a violation of: (A) Aggravated rape pursuant to § 39-13-502, if the child is more than thirteen (13) but less than eighteen (18) years of age; (B) Rape pursuant to § 39-13-503, if the child is more than thirteen (13) but less than eighteen (18) years of age; (C) Aggravated sexual battery pursuant to § 39-13-504; (D) Rape of a child pursuant to § 39-13-522; (E) Sexual battery by an authority figure pursuant to § 39-13-527; (F) Soliciting sexual exploitation of a minor pursuant to § 39-13-529(a); (G) Aggravated rape of a child pursuant to § 39-13-531; (H) Statutory rape by an authority figure pursuant to § 39-13-532; (I) Trafficking for a commercial sex act pursuant to § 39-13-309, if the victim is a minor; or (J) Promoting prostitution pursuant to § 39-13-515, if the victim is a minor. (b) A person commits continuous sexual abuse of a child who: (1) Over a period of ninety (90) days or more, engages in multiple acts of sexual abuse of a child as defined in subdivision (a)(1)(A)(i) or (a)(1)(A)(ii); or (2) Over a period of less than ninety (90) days, engages in multiple acts of sexual abuse of a child as defined in subdivision (a)(1)(A)(iii). (c) (1) A violation of subsection (b) is a Class A felony if three (3) or more of the acts of sexual abuse of a child constitute violations of the following offenses: (A) Aggravated rape pursuant to § 39-13-502, if the child is more than thirteen (13) but less than eighteen (18) years of age; (B) Rape pursuant to § 39-13-503, if the child is more than thirteen (13) but less than eighteen (18) years of age; (C) Aggravated sexual battery pursuant to § 39-13-504; (D) Rape of a child pursuant to § 39-13-522; (E) Soliciting sexual exploitation of a minor pursuant to § 39-13-529(a); (F) Aggravated rape of a child pursuant to § 39-13-531; (G) Trafficking for a commercial sex act pursuant to § 39-13-309, if the victim is a minor; or (H) Promoting prostitution pursuant to § 39-13-515, if the victim is a minor. (2) A violation of subsection (b) is a Class B felony if two (2) of the acts of sexual abuse of a child constitute violations of offenses listed in subdivision (c)(1). (3) A violation of subsection (b) is a Class C felony if one (1) of the acts of sexual abuse of a child constitutes a violation of an offense listed in subdivision (c)(1). (4) A violation of subsection (b) is a Class C felony if at least three (3) of the acts of sexual abuse of a child constitute violations of the offenses of sexual battery by an authority figure pursuant to § 39-13-527 or statutory rape by an authority figure pursuant to § 39-13-532. (d) At least thirty (30) days prior to trial, the state shall file with the court a written notice identifying the multiple acts of sexual abuse of a child upon which the violation of this section is based. The notice shall include the identity of the victim and the statutory offense violated. Upon good cause, and where the defendant was unaware of the predicate offenses listed in the notice, the trial court may grant a continuance to facilitate proper notification of the incidents of sexual abuse of a child an