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State v. Turner10/11/1999
ertions that the authorized punishment for his offenses either offends contemporary standards of decency or exceeds what is necessary to accomplish a legitimate penological objective. Aside from first degree murder, the rape of a child is the most heinous crime a person can commit in our society. Additionally, this court has recently observed that criminal statutes prohibiting incestuous relationships reflect society's belief that incest destabilizes the family unit, threatening our society's ability to function in an orderly manner. Smith v. State, No. 01C01-9811-CR-00438, 1999 WL 160992, at *6 (Tenn. Crim. App. at Nashville), perm. to appeal denied, (Tenn. 1999). Thus, the authorized punishment for the appellant's offenses is reasonably related to the State's legitimate interest in deterring the rape of children and in prohibiting sexual activity between those related within the proscribed degrees of kinship. Id. at *6; State v. Holder, No. 01C01-9501-CC-00015, 1996 WL 125905, at *4 (Tenn. Crim. App. at Nashville, March 22, 1996).
Moreover, with respect to the appellant's proportionality challenge, our supreme court in Harris, 844 S.W.2d at 603, set forth the applicable analysis:
he sentence is initially compared with the crime committed. Unless this threshold comparison leads to an inference of gross disproportionality, the inquiry ends - - the sentence is constitutional. In those rare cases where this inference does arise, the analysis proceeds by comparing (1) the sentences imposed on other criminals in the same jurisdiction, and (2) the sentences imposed for commission of the same crime in other jurisdictions.
We conclude that there is no inference of gross disproportionality under the facts of this case. Accordingly, the appellant's argument is without merit.
III. Conclusion
For the foregoing reasons, we affirm the judgment of the trial court.
CONCUR: Jerry L. Smith, Judge Joe G. Riley, Judge
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