Tenn. Code Ann. § 39-15-213 — TN Code / Title 39 / Chapter 15 / Section 39-15-213
[See Note] Criminal abortion - Affirmative defense
Status: in_force

(a) As used in this section: (1) "Abortion" means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to terminate an ectopic or molar pregnancy, or to remove a dead fetus; (2) "Fertilization" means that point in time when a male human sperm penetrates the zona pellucida of a female human ovum; (3) "Pregnant" means the human female reproductive condition of having a living unborn child within her body throughout the entire embryonic and fetal stages of the unborn child from fertilization until birth; and (4) "Unborn child" means an individual living member of the species, homo sapiens, throughout the entire embryonic and fetal stages of the unborn child from fertilization until birth. (b) A person who performs or attempts to perform an abortion commits the offense of criminal abortion. Criminal abortion is a Class C felony. (c) (1) Notwithstanding subsection (b), a person who performs or attempts to perform an abortion does not commit the offense of criminal abortion if the abortion is performed or attempted by a licensed physician in a licensed hospital or ambulatory surgical treatment center and the following conditions are met: (A) The physician determined, using reasonable medical judgment, based upon the facts known to the physician at the time, that the abortion was necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman; and (B) The physician performs or attempts to perform the abortion in the manner which, using reasonable medical judgment, based upon the facts known to the physician at the time, provides the best opportunity for the unborn child to survive, unless using reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk of death to the pregnant woman or substantial and irreversible impairment of a major bodily function. (2) An abortion is not authorized under subdivision (c)(1)(A) and a greater risk to the pregnant woman does not exist under subdivision (c)(1)(B) if either determination is based upon a claim or a diagnosis that the pregnant woman will engage in conduct that would result in her death or the substantial and irreversible impairment of a major bodily function or for any reason relating to the pregnant woman's mental health. (d) Medical treatment provided to the pregnant woman by a licensed physician which results in the accidental death of or unintentional injury to or death of the unborn child shall not be a violation of this section. (e) This section does not subject the pregnant woman upon whom an abortion is performed or attempted to criminal conviction or penalty. (f) While this section is in effect, this section supersedes §§ 39-15-211 , 39-15-212 , 39-15-214 , 39-15-215 , 39-15-216 , 39-15-217 , and 39-15-218 . Amended by 2023 Tenn. Acts, ch. 313, s 3, eff. 4/28/2023. Amended by 2023 Tenn. Acts, ch. 313, s 2, eff. 4/28/2023. Amended by 2023 Tenn. Acts, ch. 313, s 1, eff. 4/28/2023. Added by 2019 Tenn. Acts, ch. 351, s 2, effective the thirtieth day following the occurrence of either of the following circumstances, the public welfare requiring it: (1) The issuance of the judgment in any decision of the United States Supreme Court overruling, in whole or in part, Roe v. Wade, 410 U.S. 113 (1973), as modified by Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992), thereby restoring to the states their authority to prohibit abortion; or (2) Adoption of an amendment to the United States Constitution that, in whole or in part, restores to the states their authority to prohibit abortion. As to the effective date of this section described in the note above, see Dobbs v. Jackson Women's Health Organization, 597 U.S. __ (6/24/2022), overruling Roe v. Wade, 410 U.S. 113 (1973).
(a) As used in this section: (1) "Abortion" means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to terminate an ectopic or molar pregnancy, or to remove a dead fetus; (2) "Fertilization" means that point in time when a male human sperm penetrates the zona pellucida of a female human ovum; (3) "Pregnant" means the human female reproductive condition of having a living unborn child within her body throughout the entire embryonic and fetal stages of the unborn child from fertilization until birth; and (4) "Unborn child" means an individual living member of the species, homo sapiens, throughout the entire embryonic and fetal stages of the unborn child from fertilization until birth.
(1) "Abortion" means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to terminate an ectopic or molar pregnancy, or to remove a dead fetus;
(2) "Fertilization" means that point in time when a male human sperm penetrates the zona pellucida of a female human ovum;
(3) "Pregnant" means the human female reproductive condition of having a living unborn child within her body throughout the entire embryonic and fetal stages of the unborn child from fertilization until birth; and
(4) "Unborn child" means an individual living member of the species, homo sapiens, throughout the entire embryonic and fetal stages of the unborn child from fertilization until birth.
(b) A person who performs or attempts to perform an abortion commits the offense of criminal abortion. Criminal abortion is a Class C felony.
(c) (1) Notwithstanding subsection (b), a person who performs or attempts to perform an abortion does not commit the offense of criminal abortion if the abortion is performed or attempted by a licensed physician in a licensed hospital or ambulatory surgical treatment center and the following conditions are met: (A) The physician determined, using reasonable medical judgment, based upon the facts known to the physician at the time, that the abortion was necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman; and (B) The physician performs or attempts to perform the abortion in the manner which, using reasonable medical judgment, based upon the facts known to the physician at the time, provides the best opportunity for the unborn child to survive, unless using reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk of death to the pregnant woman or substantial and irreversible impairment of a major bodily function. (2) An abortion is not authorized under subdivision (c)(1)(A) and a greater risk to the pregnant woman does not exist under subdivision (c)(1)(B) if either determination is based upon a claim or a diagnosis that the pregnant woman will engage in conduct that would result in her death or the substantial and irreversible impairment of a major bodily function or for any reason relating to the pregnant woman's mental health.
(1) Notwithstanding subsection (b), a person who performs or attempts to perform an abortion does not commit the offense of criminal abortion if the abortion is performed or attempted by a licensed physician in a licensed hospital or ambulatory surgical treatment center and the following conditions are met: (A) The physician determined, using reasonable medical judgment, based upon the facts known to the physician at the time, that the abortion was necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman; and (B) The physician performs or attempts to perform the abortion in the manner which, using reasonable medical judgment, based upon the facts known to the physician at the time, provides the best opportunity for the unborn child to survive, unless using reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk of death to the pregnant woman or substantial and irreversible impairment of a major bodily function.
(A) The physician determined, using reasonable medical judgment, based upon the facts known to the physician at the time, that the abortion was necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman; and
(B) The physician performs or attempts to perform the abortion in the manner which, using reasonable medical judgment, based upon the facts known to the physician at the time, provides the best opportunity for the unborn child to survive, unless using reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk of death to the pregnant woman or substantial and irreversible impairment of a major bodily function.
(2) An abortion is not authorized under subdivision (c)(1)(A) and a greater risk to the pregnant woman does not exist under subdivision (c)(1)(B) if either determination is based upon a claim or a diagnosis that the pregnant woman will engage in conduct that would result in her death or the substantial and irreversible impairment of a major bodily function or for any reason relating to the pregnant woman's mental health.
(d) Medical treatment provided to the pregnant woman by a licensed physician which results in the accidental death of or unintentional injury to or death of the unborn child shall not be a violation of this section.
(e) This section does not subject the pregnant woman upon whom an abortion is performed or attempted to criminal conviction or penalty.
(f) While this section is in effect, this section supersedes §§ 39-15-211 , 39-15-212 , 39-15-214 , 39-15-215 , 39-15-216 , 39-15-217 , and 39-15-218 .
Amended by 2023 Tenn. Acts, ch. 313, s 3, eff. 4/28/2023.
Amended by 2023 Tenn. Acts, ch. 313, s 2, eff. 4/28/2023.
Amended by 2023 Tenn. Acts, ch. 313, s 1, eff. 4/28/2023.
Added by 2019 Tenn. Acts, ch. 351, s 2, effective the thirtieth day following the occurrence of either of the following circumstances, the public welfare requiring it: (1) The issuance of the judgment in any decision of the United States Supreme Court overruling, in whole or in part, Roe v. Wade, 410 U.S. 113 (1973), as modified by Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992), thereby restoring to the states their authority to prohibit abortion; or (2) Adoption of an amendment to the United States Constitution that, in whole or in part, restores to the states their authority to prohibit abortion.
As to the effective date of this section described in the note above, see Dobbs v. Jackson Women's Health Organization, 597 U.S. __ (6/24/2022), overruling Roe v. Wade, 410 U.S. 113 (1973).
Tenn. Code Ann. § 39-14-138 — TN Code / Title 39 / Chapter 14 / Section 39-14-138
Theft of trade secrets
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Article" means any object, material, device, or substance or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, micro-organism, blueprint or map; (2) "Copy" means any facsimile, replica, photograph or other reproduction of an article, and any note, drawing or sketch made of or from an article; (3) "Representing" means describing, depicting, containing, constituting, reflecting or recording; and (4) "Trade secret" means the whole or any portion or phrase of any scientific or technical information, design, process, procedure, formula or improvement which is secret and of value. The trier of fact may infer a trade secret to be secret when the owner thereof takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes. (b) A person is guilty of theft and shall be punished pursuant to § 39-14-105 who, with intent to deprive or withhold from its owner the control of the trade secret, or with intent to appropriate a trade secret to the person's own use or to the use of another: (1) Steals or embezzles an article representing a trade secret; or (2) Without authority makes or causes to be made a copy of an article representing a trade secret. Acts 1989, ch. 591, § 1.
(a) As used in this section, unless the context otherwise requires: (1) "Article" means any object, material, device, or substance or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, micro-organism, blueprint or map; (2) "Copy" means any facsimile, replica, photograph or other reproduction of an article, and any note, drawing or sketch made of or from an article; (3) "Representing" means describing, depicting, containing, constituting, reflecting or recording; and (4) "Trade secret" means the whole or any portion or phrase of any scientific or technical information, design, process, procedure, formula or improvement which is secret and of value. The trier of fact may infer a trade secret to be secret when the owner thereof takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes.
(1) "Article" means any object, material, device, or substance or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, micro-organism, blueprint or map;
(2) "Copy" means any facsimile, replica, photograph or other reproduction of an article, and any note, drawing or sketch made of or from an article;
(3) "Representing" means describing, depicting, containing, constituting, reflecting or recording; and
(4) "Trade secret" means the whole or any portion or phrase of any scientific or technical information, design, process, procedure, formula or improvement which is secret and of value. The trier of fact may infer a trade secret to be secret when the owner thereof takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes.
(b) A person is guilty of theft and shall be punished pursuant to § 39-14-105 who, with intent to deprive or withhold from its owner the control of the trade secret, or with intent to appropriate a trade secret to the person's own use or to the use of another: (1) Steals or embezzles an article representing a trade secret; or (2) Without authority makes or causes to be made a copy of an article representing a trade secret.
(1) Steals or embezzles an article representing a trade secret; or
(2) Without authority makes or causes to be made a copy of an article representing a trade secret.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-1704 — TN Code / Title 39 / Chapter 17 / Section 39-17-1704
Authorization to adopt municipal curfew
Status: in_force

The county legislative body of any county having a population of not less than three hundred eighty-two thousand (382,000) nor more than three hundred eighty-two thousand one hundred (382,100), according to the 2000 federal census or any subsequent federal census, is authorized to adopt by a two-thirds (2/3) vote a curfew identical to that which a municipality located within that county has previously adopted by ordinance. Acts 2002, ch. 507, § 2.
The county legislative body of any county having a population of not less than three hundred eighty-two thousand (382,000) nor more than three hundred eighty-two thousand one hundred (382,100), according to the 2000 federal census or any subsequent federal census, is authorized to adopt by a two-thirds (2/3) vote a curfew identical to that which a municipality located within that county has previously adopted by ordinance.
Acts 2002, ch. 507, § 2.
Tenn. Code Ann. § 39-13-309 — TN Code / Title 39 / Chapter 13 / Section 39-13-309
Trafficking for commercial sex act
Status: in_force

(a) A person commits the offense of trafficking a person for a commercial sex act who: (1) Knowingly subjects, attempts to subject, benefits from, or attempts to benefit from another person's provision of a commercial sex act; (2) Recruits, entices, harbors, transports, provides, purchases, or obtains by any other means, another person for the purpose of providing a commercial sex act; or (3) Commits the acts in this subsection (a) when the intended victim of the offense is a law enforcement officer or a law enforcement officer eighteen (18) years of age or older posing as a minor. (b) For purposes of subdivision (a)(2), such means may include, but are not limited to: (1) Causing or threatening to cause physical harm to the person; (2) Physically restraining or threatening to physically restrain the person; (3) Abusing or threatening to abuse the law or legal process; (4) Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of the person; (5) Using blackmail or using or threatening to cause financial harm for the purpose of exercising financial control over the person; or (6) Facilitating or controlling a person's access to a controlled substance. (c) (1) A violation of subsection (a) is a Class B felony, except as provided in subdivision (c)(2). (2) A violation of subsection (a) is a Class A felony if the victim of the offense is a child more than twelve (12) years of age but less than eighteen (18) years of age. (d) It is not a defense to a violation of this section that: (1) The intended victim of the offense is a law enforcement officer; (2) The victim of the offense is a minor who consented to the act or acts constituting the offense; (3) The solicitation was unsuccessful, the conduct solicited was not engaged in, or the law enforcement officer could not engage in the solicited offense; or (4) The person charged was ignorant or mistaken as to the age of a minor. (e) Notwithstanding this section to the contrary, if it is determined after a reasonable detention for investigative purposes that a victim of trafficking for a commercial sex act under this section is under eighteen (18) years of age, then that person is immune from prosecution for prostitution as a juvenile or adult. A law enforcement officer who takes a person under eighteen (18) years of age into custody as a suspected victim under this section shall, upon determination that the person is a minor, provide the minor with the telephone number for the Tennessee human trafficking resource center hotline, notify the department of children's services, and release the minor to the custody of a parent or legal guardian or transport the minor to a shelter facility designated by the juvenile court judge to facilitate the release of the minor to the custody of a parent or guardian. (f) It is a defense to prosecution under this section, including as an accomplice or co-conspirator, that a minor charged with a violation of this section was so charged for conduct that occurred because the minor is also a victim of an act committed in violation of this section or § 39-13-307 , or because the minor is also a victim as defined by the federal Trafficking Victims Protection Act ( 22 U.S.C. § 7102 ). Amended by 2022 Tenn. Acts, ch. 1115, s 13, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1115, Secs.s14, s21 eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1089, s 4, eff. 7/1/2022. Amended by 2019 Tenn. Acts, ch. 123, s 2, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 123, s 1, eff. 7/1/2019. Amended by 2016 Tenn. Acts, ch. 634, s 1, eff. 3/23/2016. Amended by 2013 Tenn. Acts, ch. 465, s 2, eff. 7/1/2013. Acts 2008 , ch. 1140, § 3; 2012, ch. 1075, § 2.
(a) A person commits the offense of trafficking a person for a commercial sex act who: (1) Knowingly subjects, attempts to subject, benefits from, or attempts to benefit from another person's provision of a commercial sex act; (2) Recruits, entices, harbors, transports, provides, purchases, or obtains by any other means, another person for the purpose of providing a commercial sex act; or (3) Commits the acts in this subsection (a) when the intended victim of the offense is a law enforcement officer or a law enforcement officer eighteen (18) years of age or older posing as a minor.
(1) Knowingly subjects, attempts to subject, benefits from, or attempts to benefit from another person's provision of a commercial sex act;
(2) Recruits, entices, harbors, transports, provides, purchases, or obtains by any other means, another person for the purpose of providing a commercial sex act; or
(3) Commits the acts in this subsection (a) when the intended victim of the offense is a law enforcement officer or a law enforcement officer eighteen (18) years of age or older posing as a minor.
(b) For purposes of subdivision (a)(2), such means may include, but are not limited to: (1) Causing or threatening to cause physical harm to the person; (2) Physically restraining or threatening to physically restrain the person; (3) Abusing or threatening to abuse the law or legal process; (4) Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of the person; (5) Using blackmail or using or threatening to cause financial harm for the purpose of exercising financial control over the person; or (6) Facilitating or controlling a person's access to a controlled substance.
(1) Causing or threatening to cause physical harm to the person;
(2) Physically restraining or threatening to physically restrain the person;
(3) Abusing or threatening to abuse the law or legal process;
(4) Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of the person;
(5) Using blackmail or using or threatening to cause financial harm for the purpose of exercising financial control over the person; or
(6) Facilitating or controlling a person's access to a controlled substance.
(c) (1) A violation of subsection (a) is a Class B felony, except as provided in subdivision (c)(2). (2) A violation of subsection (a) is a Class A felony if the victim of the offense is a child more than twelve (12) years of age but less than eighteen (18) years of age.
(1) A violation of subsection (a) is a Class B felony, except as provided in subdivision (c)(2).
(2) A violation of subsection (a) is a Class A felony if the victim of the offense is a child more than twelve (12) years of age but less than eighteen (18) years of age.
(d) It is not a defense to a violation of this section that: (1) The intended victim of the offense is a law enforcement officer; (2) The victim of the offense is a minor who consented to the act or acts constituting the offense; (3) The solicitation was unsuccessful, the conduct solicited was not engaged in, or the law enforcement officer could not engage in the solicited offense; or (4) The person charged was ignorant or mistaken as to the age of a minor.
(1) The intended victim of the offense is a law enforcement officer;
(2) The victim of the offense is a minor who consented to the act or acts constituting the offense;
(3) The solicitation was unsuccessful, the conduct solicited was not engaged in, or the law enforcement officer could not engage in the solicited offense; or
(4) The person charged was ignorant or mistaken as to the age of a minor.
(e) Notwithstanding this section to the contrary, if it is determined after a reasonable detention for investigative purposes that a victim of trafficking for a commercial sex act under this section is under eighteen (18) years of age, then that person is immune from prosecution for prostitution as a juvenile or adult. A law enforcement officer who takes a person under eighteen (18) years of age into custody as a suspected victim under this section shall, upon determination that the person is a minor, provide the minor with the telephone number for the Tennessee human trafficking resource center hotline, notify the department of children's services, and release the minor to the custody of a parent or legal guardian or transport the minor to a shelter facility designated by the juvenile court judge to facilitate the release of the minor to the custody of a parent or guardian.
(f) It is a defense to prosecution under this section, including as an accomplice or co-conspirator, that a minor charged with a violation of this section was so charged for conduct that occurred because the minor is also a victim of an act committed in violation of this section or § 39-13-307 , or because the minor is also a victim as defined by the federal Trafficking Victims Protection Act ( 22 U.S.C. § 7102 ).
Amended by 2022 Tenn. Acts, ch. 1115, s 13, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1115, Secs.s14, s21 eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1089, s 4, eff. 7/1/2022.
Amended by 2019 Tenn. Acts, ch. 123, s 2, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 123, s 1, eff. 7/1/2019.
Amended by 2016 Tenn. Acts, ch. 634, s 1, eff. 3/23/2016.
Amended by 2013 Tenn. Acts, ch. 465, s 2, eff. 7/1/2013.
Acts 2008 , ch. 1140, § 3; 2012, ch. 1075, § 2.
Tenn. Code Ann. § 39-13-1001 — TN Code / Title 39 / Chapter 13 / Section 39-13-1001
Part definitions - References to convictions for offenses of burglary
Status: in_force

(a) As used in this part, unless the context otherwise requires, the terms "habitation", "occupied", and "owner" have the same meaning as defined in § 39-14-401 . (b) Any references to convictions for the offenses of burglary, under § 39-13-1002 , aggravated burglary, under § 39-13-1003 , or especially aggravated burglary, under § 39-13-1004 , shall be deemed to include convictions for the applicable offense as each offense was defined under chapter 14, part 4 of this title prior to July 1, 2021. Added by 2021 Tenn. Acts, ch. 545, s 2, eff. 7/1/2021.
(a) As used in this part, unless the context otherwise requires, the terms "habitation", "occupied", and "owner" have the same meaning as defined in § 39-14-401 .
(b) Any references to convictions for the offenses of burglary, under § 39-13-1002 , aggravated burglary, under § 39-13-1003 , or especially aggravated burglary, under § 39-13-1004 , shall be deemed to include convictions for the applicable offense as each offense was defined under chapter 14, part 4 of this title prior to July 1, 2021.
Added by 2021 Tenn. Acts, ch. 545, s 2, eff. 7/1/2021.
Tenn. Code Ann. § 39-13-528 — TN Code / Title 39 / Chapter 13 / Section 39-13-528
Offense of solicitation of a minor
Status: in_force

(a) It is an offense for a person eighteen (18) years of age or older, by means of oral, written or electronic communication, electronic mail or internet services, directly or through another, to intentionally command, request, hire, persuade, invite or attempt to induce a person whom the person making the solicitation knows, or should know, is less than eighteen (18) years of age, or solicits a law enforcement officer posing as a minor, and whom the person making the solicitation reasonably believes to be less than eighteen (18) years of age, to engage in conduct that, if completed, would constitute a violation by the soliciting adult of one (1) or more of the following offenses: (1) Rape of a child, pursuant to § 39-13-522 ; (2) Aggravated rape, pursuant to § 39-13-502 ; (3) Rape, pursuant to § 39-13-503 ; (4) Aggravated sexual battery, pursuant to § 39-13-504 ; (5) Sexual battery by an authority figure, pursuant to § 39-13-527 ; (6) Sexual battery, pursuant to § 39-13-505 ; (7) Statutory rape, pursuant to § 39-13-506 ; (8) Especially aggravated sexual exploitation of a minor, pursuant to § 39-17-1005 ; (9) Sexual activity involving a minor, pursuant to § 39-13-529 ; (10) Trafficking for commercial sex acts, pursuant to § 39-13-309 ; (11) Patronizing prostitution, pursuant to § 39-13-514 ; (12) Promoting prostitution, pursuant to § 39-13-515 ; or (13) Aggravated sexual exploitation of a minor, pursuant to § 39-17-1004 . (b) It is no defense that the solicitation was unsuccessful, that the conduct solicited was not engaged in, or that the law enforcement officer could not engage in the solicited offense. It is no defense that the minor solicited was unaware of the criminal nature of the conduct solicited. (c) A violation of this section shall constitute an offense one (1) classification lower than the most serious crime solicited, unless the offense solicited was a Class E felony, in which case the offense shall be a Class A misdemeanor. (d) A person is subject to prosecution in this state under this section for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where the person solicited the conduct of a minor located in this state, or solicited a law enforcement officer posing as a minor located within this state. Amended by 2013 Tenn. Acts, ch. 436,s 1, eff. 7/1/2013. Acts 1998, ch. 1007, § 1; 2000, ch. 944, § 1; 2005, ch. 496, § 5.
(a) It is an offense for a person eighteen (18) years of age or older, by means of oral, written or electronic communication, electronic mail or internet services, directly or through another, to intentionally command, request, hire, persuade, invite or attempt to induce a person whom the person making the solicitation knows, or should know, is less than eighteen (18) years of age, or solicits a law enforcement officer posing as a minor, and whom the person making the solicitation reasonably believes to be less than eighteen (18) years of age, to engage in conduct that, if completed, would constitute a violation by the soliciting adult of one (1) or more of the following offenses: (1) Rape of a child, pursuant to § 39-13-522 ; (2) Aggravated rape, pursuant to § 39-13-502 ; (3) Rape, pursuant to § 39-13-503 ; (4) Aggravated sexual battery, pursuant to § 39-13-504 ; (5) Sexual battery by an authority figure, pursuant to § 39-13-527 ; (6) Sexual battery, pursuant to § 39-13-505 ; (7) Statutory rape, pursuant to § 39-13-506 ; (8) Especially aggravated sexual exploitation of a minor, pursuant to § 39-17-1005 ; (9) Sexual activity involving a minor, pursuant to § 39-13-529 ; (10) Trafficking for commercial sex acts, pursuant to § 39-13-309 ; (11) Patronizing prostitution, pursuant to § 39-13-514 ; (12) Promoting prostitution, pursuant to § 39-13-515 ; or (13) Aggravated sexual exploitation of a minor, pursuant to § 39-17-1004 .
(1) Rape of a child, pursuant to § 39-13-522 ;
(2) Aggravated rape, pursuant to § 39-13-502 ;
(3) Rape, pursuant to § 39-13-503 ;
(4) Aggravated sexual battery, pursuant to § 39-13-504 ;
(5) Sexual battery by an authority figure, pursuant to § 39-13-527 ;
(6) Sexual battery, pursuant to § 39-13-505 ;
(7) Statutory rape, pursuant to § 39-13-506 ;
(8) Especially aggravated sexual exploitation of a minor, pursuant to § 39-17-1005 ;
(9) Sexual activity involving a minor, pursuant to § 39-13-529 ;
(10) Trafficking for commercial sex acts, pursuant to § 39-13-309 ;
(11) Patronizing prostitution, pursuant to § 39-13-514 ;
(12) Promoting prostitution, pursuant to § 39-13-515 ; or
(13) Aggravated sexual exploitation of a minor, pursuant to § 39-17-1004 .
(b) It is no defense that the solicitation was unsuccessful, that the conduct solicited was not engaged in, or that the law enforcement officer could not engage in the solicited offense. It is no defense that the minor solicited was unaware of the criminal nature of the conduct solicited.
(c) A violation of this section shall constitute an offense one (1) classification lower than the most serious crime solicited, unless the offense solicited was a Class E felony, in which case the offense shall be a Class A misdemeanor.
(d) A person is subject to prosecution in this state under this section for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where the person solicited the conduct of a minor located in this state, or solicited a law enforcement officer posing as a minor located within this state.
Amended by 2013 Tenn. Acts, ch. 436,s 1, eff. 7/1/2013.
Acts 1998, ch. 1007, § 1; 2000, ch. 944, § 1; 2005, ch. 496, § 5.
Tenn. Code Ann. § 39-11-715 — TN Code / Title 39 / Chapter 11 / Section 39-11-715
Equity powers of court
Status: in_force

Any criminal court or general sessions court may conduct such hearings and enter such orders, injunctions, restraining orders, prohibitions, or issue any extraordinary process for the purpose of ensuring that any defendant does not use any proceeds directly or indirectly derived from a criminal offense for the purpose of securing an appearance bond or to pay the premium for the bond. Any court may require the defendant or bonding agent to prove in open court the source of such bond or premium before accepting the bond, and the burden of proof shall be upon the party seeking the approval or acceptance of the bond. Acts 1998, ch. 979, § 15.
Any criminal court or general sessions court may conduct such hearings and enter such orders, injunctions, restraining orders, prohibitions, or issue any extraordinary process for the purpose of ensuring that any defendant does not use any proceeds directly or indirectly derived from a criminal offense for the purpose of securing an appearance bond or to pay the premium for the bond. Any court may require the defendant or bonding agent to prove in open court the source of such bond or premium before accepting the bond, and the burden of proof shall be upon the party seeking the approval or acceptance of the bond.
Acts 1998, ch. 979, § 15.
Tenn. Code Ann. § 39-13-306 — TN Code / Title 39 / Chapter 13 / Section 39-13-306
Custodial interference
Status: in_force

(a) It is the offense of custodial interference for a natural or adoptive parent, step-parent, grandparent, brother, sister, aunt, uncle, niece, or nephew of a child younger than eighteen (18) years of age to: (1) Remove the child from this state knowing that the removal violates a child custody determination as defined in § 36-6-205 , the rightful custody of a mother as defined in § 36-2-303 , or a temporary or permanent judgment or court order regarding the custody or care of the child; (2) Detain the child within this state or remove the child from this state after the expiration of the noncustodial natural or adoptive parent or guardian's lawful period of visitation, with the intent to violate the rightful custody of a mother as defined in § 36-2-303 , or a temporary or permanent judgment or a court order regarding the custody or care of the child; (3) Harbor or hide the child within or outside this state, knowing that possession of the child was unlawfully obtained by another person in violation of the rightful custody of a mother as defined in § 36-2-303 , or a temporary or permanent judgment or a court order; (4) Act as an accessory to any act prohibited by this section; (5) Detain the child within or remove the child from this state during the noncustodial parent's lawful period of visitation, with the intent to violate the court-ordered visitation of the noncustodial parent, or a temporary or permanent judgment regarding visitation with the child; or (6) Harbor or hide the child within or outside this state, knowing that the child has been placed in the custody of the department of children's services pursuant to a protective custody order or an emergency custody order entered by a court. It is not a defense to a violation of this subdivision (a)(6) that the person harboring or hiding the child has not been served with an actual copy of a protective custody order or emergency custody order. (b) It is also the offense of custodial interference for a natural or adoptive parent, step-parent, grandparent, brother, sister, aunt, uncle, niece, or nephew of an incompetent person to: (1) Remove the incompetent person from this state knowing that the removal violates a temporary or permanent judgment or a court order regarding the custody or care of the incompetent person; (2) Harbor or hide the incompetent person within or outside this state, knowing that possession of the incompetent person was unlawfully obtained by another person in violation of a temporary or permanent judgment or a court order; or (3) Act as an accessory to any act prohibited by this section. (c) It is a defense to custodial interference: (1) That the person who removed the child or incompetent person reasonably believed that, at the time the child or incompetent was removed, the failure to remove the child or incompetent person would have resulted in a clear and present danger to the health, safety, or welfare of the child or incompetent person; or (2) That the individual detained or moved in contravention of the rightful custody of a mother as defined in § 36-2-303 , or of the order of custody or care, was returned by the defendant voluntarily and before arrest or the issuance of a warrant for arrest. (d) If conduct that is in violation of this section is also a violation of § 39-13-304 or § 39-13-305(a)(1), (a)(3), or (a)(4) , the offense may be prosecuted under any of the applicable statutes. (e) (1) Except as provided in subdivision (e)(2), custodial interference is a Class E felony, unless the person taken from lawful custody is returned voluntarily by the defendant, in which case custodial interference is a Class A misdemeanor. (2) Custodial interference under subdivision (a)(5) is a Class C misdemeanor. Amended by 2023 Tenn. Acts, ch. 286, s 1, eff. 7/1/2023. Amended by 2016 Tenn. Acts, ch. 725, s 2, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 725, s 1, eff. 7/1/2016. Acts 1989, ch. 591, § 1; T.C.A., § 39-13-304 ; Acts 1990, ch. 982, § 1; 2004, ch. 834, § 1.
(a) It is the offense of custodial interference for a natural or adoptive parent, step-parent, grandparent, brother, sister, aunt, uncle, niece, or nephew of a child younger than eighteen (18) years of age to: (1) Remove the child from this state knowing that the removal violates a child custody determination as defined in § 36-6-205 , the rightful custody of a mother as defined in § 36-2-303 , or a temporary or permanent judgment or court order regarding the custody or care of the child; (2) Detain the child within this state or remove the child from this state after the expiration of the noncustodial natural or adoptive parent or guardian's lawful period of visitation, with the intent to violate the rightful custody of a mother as defined in § 36-2-303 , or a temporary or permanent judgment or a court order regarding the custody or care of the child; (3) Harbor or hide the child within or outside this state, knowing that possession of the child was unlawfully obtained by another person in violation of the rightful custody of a mother as defined in § 36-2-303 , or a temporary or permanent judgment or a court order; (4) Act as an accessory to any act prohibited by this section; (5) Detain the child within or remove the child from this state during the noncustodial parent's lawful period of visitation, with the intent to violate the court-ordered visitation of the noncustodial parent, or a temporary or permanent judgment regarding visitation with the child; or (6) Harbor or hide the child within or outside this state, knowing that the child has been placed in the custody of the department of children's services pursuant to a protective custody order or an emergency custody order entered by a court. It is not a defense to a violation of this subdivision (a)(6) that the person harboring or hiding the child has not been served with an actual copy of a protective custody order or emergency custody order.
(1) Remove the child from this state knowing that the removal violates a child custody determination as defined in § 36-6-205 , the rightful custody of a mother as defined in § 36-2-303 , or a temporary or permanent judgment or court order regarding the custody or care of the child;
(2) Detain the child within this state or remove the child from this state after the expiration of the noncustodial natural or adoptive parent or guardian's lawful period of visitation, with the intent to violate the rightful custody of a mother as defined in § 36-2-303 , or a temporary or permanent judgment or a court order regarding the custody or care of the child;
(3) Harbor or hide the child within or outside this state, knowing that possession of the child was unlawfully obtained by another person in violation of the rightful custody of a mother as defined in § 36-2-303 , or a temporary or permanent judgment or a court order;
(4) Act as an accessory to any act prohibited by this section;
(5) Detain the child within or remove the child from this state during the noncustodial parent's lawful period of visitation, with the intent to violate the court-ordered visitation of the noncustodial parent, or a temporary or permanent judgment regarding visitation with the child; or
(6) Harbor or hide the child within or outside this state, knowing that the child has been placed in the custody of the department of children's services pursuant to a protective custody order or an emergency custody order entered by a court. It is not a defense to a violation of this subdivision (a)(6) that the person harboring or hiding the child has not been served with an actual copy of a protective custody order or emergency custody order.
(b) It is also the offense of custodial interference for a natural or adoptive parent, step-parent, grandparent, brother, sister, aunt, uncle, niece, or nephew of an incompetent person to: (1) Remove the incompetent person from this state knowing that the removal violates a temporary or permanent judgment or a court order regarding the custody or care of the incompetent person; (2) Harbor or hide the incompetent person within or outside this state, knowing that possession of the incompetent person was unlawfully obtained by another person in violation of a temporary or permanent judgment or a court order; or (3) Act as an accessory to any act prohibited by this section.
(1) Remove the incompetent person from this state knowing that the removal violates a temporary or permanent judgment or a court order regarding the custody or care of the incompetent person;
(2) Harbor or hide the incompetent person within or outside this state, knowing that possession of the incompetent person was unlawfully obtained by another person in violation of a temporary or permanent judgment or a court order; or
(3) Act as an accessory to any act prohibited by this section.
(c) It is a defense to custodial interference: (1) That the person who removed the child or incompetent person reasonably believed that, at the time the child or incompetent was removed, the failure to remove the child or incompetent person would have resulted in a clear and present danger to the health, safety, or welfare of the child or incompetent person; or (2) That the individual detained or moved in contravention of the rightful custody of a mother as defined in § 36-2-303 , or of the order of custody or care, was returned by the defendant voluntarily and before arrest or the issuance of a warrant for arrest.
(1) That the person who removed the child or incompetent person reasonably believed that, at the time the child or incompetent was removed, the failure to remove the child or incompetent person would have resulted in a clear and present danger to the health, safety, or welfare of the child or incompetent person; or
(2) That the individual detained or moved in contravention of the rightful custody of a mother as defined in § 36-2-303 , or of the order of custody or care, was returned by the defendant voluntarily and before arrest or the issuance of a warrant for arrest.
(d) If conduct that is in violation of this section is also a violation of § 39-13-304 or § 39-13-305(a)(1), (a)(3), or (a)(4) , the offense may be prosecuted under any of the applicable statutes.
(e) (1) Except as provided in subdivision (e)(2), custodial interference is a Class E felony, unless the person taken from lawful custody is returned voluntarily by the defendant, in which case custodial interference is a Class A misdemeanor. (2) Custodial interference under subdivision (a)(5) is a Class C misdemeanor.
(1) Except as provided in subdivision (e)(2), custodial interference is a Class E felony, unless the person taken from lawful custody is returned voluntarily by the defendant, in which case custodial interference is a Class A misdemeanor.
(2) Custodial interference under subdivision (a)(5) is a Class C misdemeanor.
Amended by 2023 Tenn. Acts, ch. 286, s 1, eff. 7/1/2023.
Amended by 2016 Tenn. Acts, ch. 725, s 2, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 725, s 1, eff. 7/1/2016.
Acts 1989, ch. 591, § 1; T.C.A., § 39-13-304 ; Acts 1990, ch. 982, § 1; 2004, ch. 834, § 1.
Tenn. Code Ann. § 39-15-211 — TN Code / Title 39 / Chapter 15 / Section 39-15-211
Abortion prohibited if fetus viable - Affirmative defense - Rebuttable presumption - Revocation of license
Status: in_force

(a) As used in this section and in § 39-15-212 : (1) "Abortion" means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus; (2) "Gestational age" or "gestation" means the age of an unborn child as calculated from the first day of the last menstrual period of a pregnant woman; (3) "Medical emergency" means a condition that, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, so complicates the woman's pregnancy as to necessitate the immediate performance or inducement of an abortion in order to prevent the death of the pregnant woman or to avoid a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman that delay in the performance or inducement of the abortion would create; (4) "Pregnant" means the human female reproductive condition, of having a living unborn child within her body throughout the entire embryonic and fetal stages of the unborn child from fertilization to full gestation and childbirth; (5) "Serious risk of the substantial and irreversible impairment of a major bodily function" means any medically diagnosed condition that so complicates the pregnancy of the woman as to directly or indirectly cause the substantial and irreversible impairment of a major bodily function. Such conditions include preeclampsia, inevitable abortion, and premature rupture of the membranes and, depending upon the circumstances, may also include, but are not limited to, diabetes and multiple sclerosis, but does not include any condition relating to the woman's mental health; (6) "Unborn child" means an individual living member of the species, homo sapiens, throughout the entire embryonic and fetal stages of the unborn child from fertilization to full gestation and childbirth; and (7) "Viable" and "viability" mean that stage of fetal development when the unborn child is capable of sustained survival outside of the womb, with or without medical assistance. (b) (1) No person shall purposely perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman when the unborn child is viable. (2) It shall be an affirmative defense to any criminal prosecution brought under subdivision (b)(1) that the abortion was performed or induced, or attempted to be performed or induced, by a licensed physician and that the physician determined, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, that either: (A) The unborn child was not viable; or (B) The abortion was necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman. No abortion shall be deemed authorized under this subdivision (b)(2)(B) if performed on the basis of a claim or a diagnosis that the woman will engage in conduct which would result in her death or substantial and irreversible impairment of a major bodily function or for any reason relating to her mental health. (3) Except in a medical emergency that prevents compliance with the viability determination required by § 39-15-212 , the affirmative defense set forth in subdivision (b)(2)(A) does not apply unless the physician who performs or induces, or attempts to perform or induce, the abortion makes the viability determination required by § 39-15-212 and, based upon that determination, certifies in writing that, in such physician's good faith medical judgment, the unborn child is not viable. (4) Except in a medical emergency that prevents compliance with one (1) or more of the following conditions, the affirmative defense set forth in subdivision (b)(2)(B) does not apply unless the physician who performs or induces, or attempts to perform or induce, the abortion complies with each of the following conditions: (A) The physician who performs or induces, or attempts to perform or induce, the abortion certifies in writing that, in such physician's good faith medical judgment, based upon the facts known to the physician at the time, the abortion is necessary to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman; (B) Another physician who is not associated in a practice with the physician who intends to perform or induce the abortion certifies in writing that, in such physician's good faith medical judgment, based upon the facts known to the physician at the time, the abortion is necessary to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman; (C) The physician performs or induces, or attempts to perform or induce, the abortion in a hospital that has appropriate neonatal services for premature infants. This requirement does not apply if there is no hospital within thirty (30) miles with neonatal services and the physician who intends to perform or induce the abortion has admitting privileges at the hospital where the abortion is to be performed or induced; (D) The physician who performs or induces, or attempts to perform or induce, the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn child to survive, unless that physician determines, in such physician's good faith medical judgment, based upon the facts known to the physician at the time, that the termination of the pregnancy in that manner poses a significantly greater risk of the death of the pregnant woman or a significantly greater risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion; (E) The physician certifies in writing the available methods or techniques considered and the reasons for choosing the method or technique employed; and (F) The physician who performs or induces, or attempts to perform or induce, the abortion has arranged for the attendance in the same room in which the abortion is to be performed or induced, or attempted to be performed or induced, at least one (1) other physician who is to take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn child immediately upon the child's complete expulsion or extraction from the pregnant woman. (5) For purposes of this section, there shall be a rebuttable presumption that an unborn child of at least twenty-four (24) weeks gestational age is viable. (6) A violation of subdivision (b)(1) is a Class C felony. (7) The applicable licensing board shall revoke the license of any person licensed to practice a healthcare profession in this state who violates subdivision (b)(1), in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, without regard to whether the person has been charged with or has been convicted of having violated subdivision (b)(1) in a criminal prosecution. In any proceeding brought by the board of medical examiners or the board of osteopathic examination to revoke the license of a physician for violating subdivision (b)(1), a physician who has not been convicted in a criminal prosecution of having violated subdivision (b)(1) may raise the affirmative defense set forth in subdivision (b)(2). (8) A pregnant woman upon whom an abortion is performed or induced, or attempted to be performed or induced, in violation of subdivision (b)(1) is not guilty of violating subdivision (b)(1), or of attempting to commit or conspiring to commit a violation of subdivision (b)(1). (c) Neither this section nor § 39-15-212 repeals or limits § 39-15-202 , § 39-15-209 , or any other law that restricts or regulates the performance of an abortion or attempt to procure a miscarriage. Added by 2017 Tenn. Acts, ch. 353,s 3, eff. 7/1/2017.
(a) As used in this section and in § 39-15-212 : (1) "Abortion" means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus; (2) "Gestational age" or "gestation" means the age of an unborn child as calculated from the first day of the last menstrual period of a pregnant woman; (3) "Medical emergency" means a condition that, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, so complicates the woman's pregnancy as to necessitate the immediate performance or inducement of an abortion in order to prevent the death of the pregnant woman or to avoid a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman that delay in the performance or inducement of the abortion would create; (4) "Pregnant" means the human female reproductive condition, of having a living unborn child within her body throughout the entire embryonic and fetal stages of the unborn child from fertilization to full gestation and childbirth; (5) "Serious risk of the substantial and irreversible impairment of a major bodily function" means any medically diagnosed condition that so complicates the pregnancy of the woman as to directly or indirectly cause the substantial and irreversible impairment of a major bodily function. Such conditions include preeclampsia, inevitable abortion, and premature rupture of the membranes and, depending upon the circumstances, may also include, but are not limited to, diabetes and multiple sclerosis, but does not include any condition relating to the woman's mental health; (6) "Unborn child" means an individual living member of the species, homo sapiens, throughout the entire embryonic and fetal stages of the unborn child from fertilization to full gestation and childbirth; and (7) "Viable" and "viability" mean that stage of fetal development when the unborn child is capable of sustained survival outside of the womb, with or without medical assistance.
(1) "Abortion" means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus;
(2) "Gestational age" or "gestation" means the age of an unborn child as calculated from the first day of the last menstrual period of a pregnant woman;
(3) "Medical emergency" means a condition that, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, so complicates the woman's pregnancy as to necessitate the immediate performance or inducement of an abortion in order to prevent the death of the pregnant woman or to avoid a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman that delay in the performance or inducement of the abortion would create;
(4) "Pregnant" means the human female reproductive condition, of having a living unborn child within her body throughout the entire embryonic and fetal stages of the unborn child from fertilization to full gestation and childbirth;
(5) "Serious risk of the substantial and irreversible impairment of a major bodily function" means any medically diagnosed condition that so complicates the pregnancy of the woman as to directly or indirectly cause the substantial and irreversible impairment of a major bodily function. Such conditions include preeclampsia, inevitable abortion, and premature rupture of the membranes and, depending upon the circumstances, may also include, but are not limited to, diabetes and multiple sclerosis, but does not include any condition relating to the woman's mental health;
(6) "Unborn child" means an individual living member of the species, homo sapiens, throughout the entire embryonic and fetal stages of the unborn child from fertilization to full gestation and childbirth; and
(7) "Viable" and "viability" mean that stage of fetal development when the unborn child is capable of sustained survival outside of the womb, with or without medical assistance.
(b) (1) No person shall purposely perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman when the unborn child is viable. (2) It shall be an affirmative defense to any criminal prosecution brought under subdivision (b)(1) that the abortion was performed or induced, or attempted to be performed or induced, by a licensed physician and that the physician determined, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, that either: (A) The unborn child was not viable; or (B) The abortion was necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman. No abortion shall be deemed authorized under this subdivision (b)(2)(B) if performed on the basis of a claim or a diagnosis that the woman will engage in conduct which would result in her death or substantial and irreversible impairment of a major bodily function or for any reason relating to her mental health. (3) Except in a medical emergency that prevents compliance with the viability determination required by § 39-15-212 , the affirmative defense set forth in subdivision (b)(2)(A) does not apply unless the physician who performs or induces, or attempts to perform or induce, the abortion makes the viability determination required by § 39-15-212 and, based upon that determination, certifies in writing that, in such physician's good faith medical judgment, the unborn child is not viable. (4) Except in a medical emergency that prevents compliance with one (1) or more of the following conditions, the affirmative defense set forth in subdivision (b)(2)(B) does not apply unless the physician who performs or induces, or attempts to perform or induce, the abortion complies with each of the following conditions: (A) The physician who performs or induces, or attempts to perform or induce, the abortion certifies in writing that, in such physician's good faith medical judgment, based upon the facts known to the physician at the time, the abortion is necessary to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman; (B) Another physician who is not associated in a practice with the physician who intends to perform or induce the abortion certifies in writing that, in such physician's good faith medical judgment, based upon the facts known to the physician at the time, the abortion is necessary to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman; (C) The physician performs or induces, or attempts to perform or induce, the abortion in a hospital that has appropriate neonatal services for premature infants. This requirement does not apply if there is no hospital within thirty (30) miles with neonatal services and the physician who intends to perform or induce the abortion has admitting privileges at the hospital where the abortion is to be performed or induced; (D) The physician who performs or induces, or attempts to perform or induce, the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn child to survive, unless that physician determines, in such physician's good faith medical judgment, based upon the facts known to the physician at the time, that the termination of the pregnancy in that manner poses a significantly greater risk of the death of the pregnant woman or a significantly greater risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion; (E) The physician certifies in writing the available methods or techniques considered and the reasons for choosing the method or technique employed; and (F) The physician who performs or induces, or attempts to perform or induce, the abortion has arranged for the attendance in the same room in which the abortion is to be performed or induced, or attempted to be performed or induced, at least one (1) other physician who is to take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn child immediately upon the child's complete expulsion or extraction from the pregnant woman. (5) For purposes of this section, there shall be a rebuttable presumption that an unborn child of at least twenty-four (24) weeks gestational age is viable. (6) A violation of subdivision (b)(1) is a Class C felony. (7) The applicable licensing board shall revoke the license of any person licensed to practice a healthcare profession in this state who violates subdivision (b)(1), in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, without regard to whether the person has been charged with or has been convicted of having violated subdivision (b)(1) in a criminal prosecution. In any proceeding brought by the board of medical examiners or the board of osteopathic examination to revoke the license of a physician for violating subdivision (b)(1), a physician who has not been convicted in a criminal prosecution of having violated subdivision (b)(1) may raise the affirmative defense set forth in subdivision (b)(2). (8) A pregnant woman upon whom an abortion is performed or induced, or attempted to be performed or induced, in violation of subdivision (b)(1) is not guilty of violating subdivision (b)(1), or of attempting to commit or conspiring to commit a violation of subdivision (b)(1).
(1) No person shall purposely perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman when the unborn child is viable.
(2) It shall be an affirmative defense to any criminal prosecution brought under subdivision (b)(1) that the abortion was performed or induced, or attempted to be performed or induced, by a licensed physician and that the physician determined, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, that either: (A) The unborn child was not viable; or (B) The abortion was necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman. No abortion shall be deemed authorized under this subdivision (b)(2)(B) if performed on the basis of a claim or a diagnosis that the woman will engage in conduct which would result in her death or substantial and irreversible impairment of a major bodily function or for any reason relating to her mental health.
(A) The unborn child was not viable; or
(B) The abortion was necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman. No abortion shall be deemed authorized under this subdivision (b)(2)(B) if performed on the basis of a claim or a diagnosis that the woman will engage in conduct which would result in her death or substantial and irreversible impairment of a major bodily function or for any reason relating to her mental health.
(3) Except in a medical emergency that prevents compliance with the viability determination required by § 39-15-212 , the affirmative defense set forth in subdivision (b)(2)(A) does not apply unless the physician who performs or induces, or attempts to perform or induce, the abortion makes the viability determination required by § 39-15-212 and, based upon that determination, certifies in writing that, in such physician's good faith medical judgment, the unborn child is not viable.
(4) Except in a medical emergency that prevents compliance with one (1) or more of the following conditions, the affirmative defense set forth in subdivision (b)(2)(B) does not apply unless the physician who performs or induces, or attempts to perform or induce, the abortion complies with each of the following conditions: (A) The physician who performs or induces, or attempts to perform or induce, the abortion certifies in writing that, in such physician's good faith medical judgment, based upon the facts known to the physician at the time, the abortion is necessary to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman; (B) Another physician who is not associated in a practice with the physician who intends to perform or induce the abortion certifies in writing that, in such physician's good faith medical judgment, based upon the facts known to the physician at the time, the abortion is necessary to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman; (C) The physician performs or induces, or attempts to perform or induce, the abortion in a hospital that has appropriate neonatal services for premature infants. This requirement does not apply if there is no hospital within thirty (30) miles with neonatal services and the physician who intends to perform or induce the abortion has admitting privileges at the hospital where the abortion is to be performed or induced; (D) The physician who performs or induces, or attempts to perform or induce, the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn child to survive, unless that physician determines, in such physician's good faith medical judgment, based upon the facts known to the physician at the time, that the termination of the pregnancy in that manner poses a significantly greater risk of the death of the pregnant woman or a significantly greater risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion; (E) The physician certifies in writing the available methods or techniques considered and the reasons for choosing the method or technique employed; and (F) The physician who performs or induces, or attempts to perform or induce, the abortion has arranged for the attendance in the same room in which the abortion is to be performed or induced, or attempted to be performed or induced, at least one (1) other physician who is to take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn child immediately upon the child's complete expulsion or extraction from the pregnant woman.
(A) The physician who performs or induces, or attempts to perform or induce, the abortion certifies in writing that, in such physician's good faith medical judgment, based upon the facts known to the physician at the time, the abortion is necessary to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman;
(B) Another physician who is not associated in a practice with the physician who intends to perform or induce the abortion certifies in writing that, in such physician's good faith medical judgment, based upon the facts known to the physician at the time, the abortion is necessary to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman;
(C) The physician performs or induces, or attempts to perform or induce, the abortion in a hospital that has appropriate neonatal services for premature infants. This requirement does not apply if there is no hospital within thirty (30) miles with neonatal services and the physician who intends to perform or induce the abortion has admitting privileges at the hospital where the abortion is to be performed or induced;
(D) The physician who performs or induces, or attempts to perform or induce, the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn child to survive, unless that physician determines, in such physician's good faith medical judgment, based upon the facts known to the physician at the time, that the termination of the pregnancy in that manner poses a significantly greater risk of the death of the pregnant woman or a significantly greater risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion;
(E) The physician certifies in writing the available methods or techniques considered and the reasons for choosing the method or technique employed; and
(F) The physician who performs or induces, or attempts to perform or induce, the abortion has arranged for the attendance in the same room in which the abortion is to be performed or induced, or attempted to be performed or induced, at least one (1) other physician who is to take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn child immediately upon the child's complete expulsion or extraction from the pregnant woman.
(5) For purposes of this section, there shall be a rebuttable presumption that an unborn child of at least twenty-four (24) weeks gestational age is viable.
(6) A violation of subdivision (b)(1) is a Class C felony.
(7) The applicable licensing board shall revoke the license of any person licensed to practice a healthcare profession in this state who violates subdivision (b)(1), in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, without regard to whether the person has been charged with or has been convicted of having violated subdivision (b)(1) in a criminal prosecution. In any proceeding brought by the board of medical examiners or the board of osteopathic examination to revoke the license of a physician for violating subdivision (b)(1), a physician who has not been convicted in a criminal prosecution of having violated subdivision (b)(1) may raise the affirmative defense set forth in subdivision (b)(2).
(8) A pregnant woman upon whom an abortion is performed or induced, or attempted to be performed or induced, in violation of subdivision (b)(1) is not guilty of violating subdivision (b)(1), or of attempting to commit or conspiring to commit a violation of subdivision (b)(1).
(c) Neither this section nor § 39-15-212 repeals or limits § 39-15-202 , § 39-15-209 , or any other law that restricts or regulates the performance of an abortion or attempt to procure a miscarriage.
Added by 2017 Tenn. Acts, ch. 353,s 3, eff. 7/1/2017.
Tenn. Code Ann. § 39-15-501 — TN Code / Title 39 / Chapter 15 / Section 39-15-501
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Abandonment" means the knowing desertion or forsaking of an elderly or vulnerable adult by a caregiver under circumstances in which there is a reasonable likelihood that physical harm could occur; (2) "Abuse" means the infliction of physical harm; (3) "Adult protective services" means the division of adult protective services of the department of human services; (4) "Caregiver": (A) (i) Means a relative or person who has a legal duty to provide care for an elderly or vulnerable adult, whether such duty arises by the relative or person's claim or conduct, contract, or in any other fashion; or (ii) Means a person who is married to or in a dating, romantic, or sexual relationship with someone who qualifies as a caregiver under subdivision (4)(A)(i) and resides with or has regular contact with the elderly or vulnerable adult; and (B) Does not include a financial institution as a caregiver of property, funds, or other assets unless the financial institution has entered into an agreement, or has been appointed by a court of competent jurisdiction, to act as a trustee with regard to the property of the adult; (5) "Confinement": (A) Means the knowing and unreasonable restriction of movement of an elderly or vulnerable adult by a caregiver; (B) Includes, but is not limited to: (i) Placing a person in a locked room; (ii) Involuntarily separating a person from the person's living area; (iii) The use of physical restraining devices on a person; or (iv) The provision of unnecessary or excessive medications to a person; and (C) Does not include the use of the methods or devices described in subdivision (5)(B) if used in a licensed facility in a manner that conforms to state and federal standards governing confinement and restraint; (6) "Elderly adult" means a person seventy (70) years of age or older; (7) "Financial exploitation" means: (A) The use of deception, intimidation, undue influence, force, or threat of force to obtain or exert unauthorized control over an elderly or vulnerable adult's property with the intent to deprive the elderly or vulnerable adult of property; (B) The breach of a fiduciary duty to an elderly or vulnerable adult by the person's guardian, conservator, or agent under a power of attorney which results in an appropriation, sale, or transfer of the elderly or vulnerable adult's property; or (C) The act of obtaining or exercising control over an elderly or vulnerable adult's property, without receiving the elderly or vulnerable adult's effective consent, by a caregiver or accomplice committed with the intent to benefit the caregiver or other third party; (8) (A) "Neglect" means: (i) The failure of a caregiver to provide the care, supervision, or services necessary to maintain the physical health of an elderly or vulnerable adult, including, but not limited to, the provision of food, water, clothing, medicine, shelter, medical services, a medical treatment plan prescribed by a healthcare professional, basic hygiene, or supervision that a reasonable person would consider essential for the weIl-being of an elderly or vulnerable adult; (ii) The failure of a caregiver to make a reasonable effort to protect an elderly or vulnerable adult from abuse, sexual exploitation, neglect, or financial exploitation by others; (iii) Abandonment; or (iv) Confinement; and (B) Neglect can be the result of repeated conduct or a single incident; (9) "Physical harm" means an action, regardless of gravity or duration, that: (A) Causes pain or injury; or (B) Would cause a reasonable person to suffer pain or injury; (10) "Relative" means a current or former spouse; child, including stepchild, adopted child, or foster child; parent, including stepparent, adoptive parent, or foster parent; sibling of the whole or half-blood; step-sibling; grandparent, of any degree; grandchild, of any degree; and aunt, uncle, niece, and nephew, of any degree, who: (A) Resides with or has frequent or prolonged contact with the elderly or vulnerable adult; and (B) Knows or reasonably should know that the elderly or vulnerable adult is unable to adequately provide for the adult's own care or financial resources; (11) "Serious physical harm" means physical harm of such gravity that: (A) Would normally require medical treatment or hospitalization; (B) Involves acute pain of such duration that it results in substantial suffering; (C) Involves any degree of prolonged pain or suffering; or (D) Involves any degree of prolonged incapacity; (12) "Serious psychological injury" means any mental harm that would normally require extended medical treatment, including hospitalization or institutionalization, or mental harm involving any degree of prolonged incapacity; (13) "Sexual exploitation" means an act committed upon or in presence of an elderly or vulnerable adult, without that adult's effective consent, that is committed for the purpose of sexual arousal or gratification, or for the purpose of dissemination to others by a person who knew or should have known the act would offend or embarrass a reasonable person. "Sexual exploitation" includes, but is not limited to, sexual contact, as defined in § 39-13-501 ; exposure of genitals to an elderly or vulnerable adult; exposure of sexual acts to an elderly or vulnerable adult; exposure of an elderly or vulnerable adult's sexual organs; an intentional act or statement by a person intended to shame, degrade, humiliate, or otherwise harm the personal dignity of an elderly or vulnerable adult; or an act or statement by a person who knew or should have known the act or statement would cause shame, degradation, humiliation, or harm to the personal dignity of an elderly or vulnerable adult. "Sexual exploitation" does not include any act intended for a valid medical purpose, or any act reasonably intended to be a normal caregiving act, such as bathing by appropriate persons at appropriate times; and (14) "Vulnerable adult" means a person eighteen (18) years of age or older who, because of intellectual disability or physical dysfunction, is unable to fully manage the person's own resources, carry out all or a portion of the activities of daily living, or fully protect against neglect, exploitation, or hazardous or abusive situations without assistance from others. Amended by 2021 Tenn. Acts, ch. 500, Secs.s6, s7, s8, s9, s10 eff. 10/1/2021. Amended by 2021 Tenn. Acts, ch. 500, s 5, eff. 10/1/2021. Amended by 2019 Tenn. Acts, ch. 474, Secs.s 3, s 4 eff. 1/1/2020. Amended by 2019 Tenn. Acts, ch. 474, s 2, eff. 1/1/2020. Amended by 2018 Tenn. Acts, ch. 1050, s 2, eff. 1/1/2019. Added by 2017 Tenn. Acts, ch. 466, s 2, eff. 7/1/2017.
As used in this part, unless the context otherwise requires:
(1) "Abandonment" means the knowing desertion or forsaking of an elderly or vulnerable adult by a caregiver under circumstances in which there is a reasonable likelihood that physical harm could occur;
(2) "Abuse" means the infliction of physical harm;
(3) "Adult protective services" means the division of adult protective services of the department of human services;
(4) "Caregiver": (A) (i) Means a relative or person who has a legal duty to provide care for an elderly or vulnerable adult, whether such duty arises by the relative or person's claim or conduct, contract, or in any other fashion; or (ii) Means a person who is married to or in a dating, romantic, or sexual relationship with someone who qualifies as a caregiver under subdivision (4)(A)(i) and resides with or has regular contact with the elderly or vulnerable adult; and (B) Does not include a financial institution as a caregiver of property, funds, or other assets unless the financial institution has entered into an agreement, or has been appointed by a court of competent jurisdiction, to act as a trustee with regard to the property of the adult;
(A) (i) Means a relative or person who has a legal duty to provide care for an elderly or vulnerable adult, whether such duty arises by the relative or person's claim or conduct, contract, or in any other fashion; or (ii) Means a person who is married to or in a dating, romantic, or sexual relationship with someone who qualifies as a caregiver under subdivision (4)(A)(i) and resides with or has regular contact with the elderly or vulnerable adult; and
(i) Means a relative or person who has a legal duty to provide care for an elderly or vulnerable adult, whether such duty arises by the relative or person's claim or conduct, contract, or in any other fashion; or
(ii) Means a person who is married to or in a dating, romantic, or sexual relationship with someone who qualifies as a caregiver under subdivision (4)(A)(i) and resides with or has regular contact with the elderly or vulnerable adult; and
(B) Does not include a financial institution as a caregiver of property, funds, or other assets unless the financial institution has entered into an agreement, or has been appointed by a court of competent jurisdiction, to act as a trustee with regard to the property of the adult;
(5) "Confinement": (A) Means the knowing and unreasonable restriction of movement of an elderly or vulnerable adult by a caregiver; (B) Includes, but is not limited to: (i) Placing a person in a locked room; (ii) Involuntarily separating a person from the person's living area; (iii) The use of physical restraining devices on a person; or (iv) The provision of unnecessary or excessive medications to a person; and (C) Does not include the use of the methods or devices described in subdivision (5)(B) if used in a licensed facility in a manner that conforms to state and federal standards governing confinement and restraint;
(A) Means the knowing and unreasonable restriction of movement of an elderly or vulnerable adult by a caregiver;
(B) Includes, but is not limited to: (i) Placing a person in a locked room; (ii) Involuntarily separating a person from the person's living area; (iii) The use of physical restraining devices on a person; or (iv) The provision of unnecessary or excessive medications to a person; and
(i) Placing a person in a locked room;
(ii) Involuntarily separating a person from the person's living area;
(iii) The use of physical restraining devices on a person; or
(iv) The provision of unnecessary or excessive medications to a person; and
(C) Does not include the use of the methods or devices described in subdivision (5)(B) if used in a licensed facility in a manner that conforms to state and federal standards governing confinement and restraint;
(6) "Elderly adult" means a person seventy (70) years of age or older;
(7) "Financial exploitation" means: (A) The use of deception, intimidation, undue influence, force, or threat of force to obtain or exert unauthorized control over an elderly or vulnerable adult's property with the intent to deprive the elderly or vulnerable adult of property; (B) The breach of a fiduciary duty to an elderly or vulnerable adult by the person's guardian, conservator, or agent under a power of attorney which results in an appropriation, sale, or transfer of the elderly or vulnerable adult's property; or (C) The act of obtaining or exercising control over an elderly or vulnerable adult's property, without receiving the elderly or vulnerable adult's effective consent, by a caregiver or accomplice committed with the intent to benefit the caregiver or other third party;
(A) The use of deception, intimidation, undue influence, force, or threat of force to obtain or exert unauthorized control over an elderly or vulnerable adult's property with the intent to deprive the elderly or vulnerable adult of property;
(B) The breach of a fiduciary duty to an elderly or vulnerable adult by the person's guardian, conservator, or agent under a power of attorney which results in an appropriation, sale, or transfer of the elderly or vulnerable adult's property; or
(C) The act of obtaining or exercising control over an elderly or vulnerable adult's property, without receiving the elderly or vulnerable adult's effective consent, by a caregiver or accomplice committed with the intent to benefit the caregiver or other third party;
(8) (A) "Neglect" means: (i) The failure of a caregiver to provide the care, supervision, or services necessary to maintain the physical health of an elderly or vulnerable adult, including, but not limited to, the provision of food, water, clothing, medicine, shelter, medical services, a medical treatment plan prescribed by a healthcare professional, basic hygiene, or supervision that a reasonable person would consider essential for the weIl-being of an elderly or vulnerable adult; (ii) The failure of a caregiver to make a reasonable effort to protect an elderly or vulnerable adult from abuse, sexual exploitation, neglect, or financial exploitation by others; (iii) Abandonment; or (iv) Confinement; and (B) Neglect can be the result of repeated conduct or a single incident;
(A) "Neglect" means: (i) The failure of a caregiver to provide the care, supervision, or services necessary to maintain the physical health of an elderly or vulnerable adult, including, but not limited to, the provision of food, water, clothing, medicine, shelter, medical services, a medical treatment plan prescribed by a healthcare professional, basic hygiene, or supervision that a reasonable person would consider essential for the weIl-being of an elderly or vulnerable adult; (ii) The failure of a caregiver to make a reasonable effort to protect an elderly or vulnerable adult from abuse, sexual exploitation, neglect, or financial exploitation by others; (iii) Abandonment; or (iv) Confinement; and
(i) The failure of a caregiver to provide the care, supervision, or services necessary to maintain the physical health of an elderly or vulnerable adult, including, but not limited to, the provision of food, water, clothing, medicine, shelter, medical services, a medical treatment plan prescribed by a healthcare professional, basic hygiene, or supervision that a reasonable person would consider essential for the weIl-being of an elderly or vulnerable adult;
(ii) The failure of a caregiver to make a reasonable effort to protect an elderly or vulnerable adult from abuse, sexual exploitation, neglect, or financial exploitation by others;
(iii) Abandonment; or
(iv) Confinement; and
(B) Neglect can be the result of repeated conduct or a single incident;
(9) "Physical harm" means an action, regardless of gravity or duration, that: (A) Causes pain or injury; or (B) Would cause a reasonable person to suffer pain or injury;
(A) Causes pain or injury; or
(B) Would cause a reasonable person to suffer pain or injury;
(10) "Relative" means a current or former spouse; child, including stepchild, adopted child, or foster child; parent, including stepparent, adoptive parent, or foster parent; sibling of the whole or half-blood; step-sibling; grandparent, of any degree; grandchild, of any degree; and aunt, uncle, niece, and nephew, of any degree, who: (A) Resides with or has frequent or prolonged contact with the elderly or vulnerable adult; and (B) Knows or reasonably should know that the elderly or vulnerable adult is unable to adequately provide for the adult's own care or financial resources;
(A) Resides with or has frequent or prolonged contact with the elderly or vulnerable adult; and
(B) Knows or reasonably should know that the elderly or vulnerable adult is unable to adequately provide for the adult's own care or financial resources;
(11) "Serious physical harm" means physical harm of such gravity that: (A) Would normally require medical treatment or hospitalization; (B) Involves acute pain of such duration that it results in substantial suffering; (C) Involves any degree of prolonged pain or suffering; or (D) Involves any degree of prolonged incapacity;
(A) Would normally require medical treatment or hospitalization;
(B) Involves acute pain of such duration that it results in substantial suffering;
(C) Involves any degree of prolonged pain or suffering; or
(D) Involves any degree of prolonged incapacity;
(12) "Serious psychological injury" means any mental harm that would normally require extended medical treatment, including hospitalization or institutionalization, or mental harm involving any degree of prolonged incapacity;
(13) "Sexual exploitation" means an act committed upon or in presence of an elderly or vulnerable adult, without that adult's effective consent, that is committed for the purpose of sexual arousal or gratification, or for the purpose of dissemination to others by a person who knew or should have known the act would offend or embarrass a reasonable person. "Sexual exploitation" includes, but is not limited to, sexual contact, as defined in § 39-13-501 ; exposure of genitals to an elderly or vulnerable adult; exposure of sexual acts to an elderly or vulnerable adult; exposure of an elderly or vulnerable adult's sexual organs; an intentional act or statement by a person intended to shame, degrade, humiliate, or otherwise harm the personal dignity of an elderly or vulnerable adult; or an act or statement by a person who knew or should have known the act or statement would cause shame, degradation, humiliation, or harm to the personal dignity of an elderly or vulnerable adult. "Sexual exploitation" does not include any act intended for a valid medical purpose, or any act reasonably intended to be a normal caregiving act, such as bathing by appropriate persons at appropriate times; and
(14) "Vulnerable adult" means a person eighteen (18) years of age or older who, because of intellectual disability or physical dysfunction, is unable to fully manage the person's own resources, carry out all or a portion of the activities of daily living, or fully protect against neglect, exploitation, or hazardous or abusive situations without assistance from others.
Amended by 2021 Tenn. Acts, ch. 500, Secs.s6, s7, s8, s9, s10 eff. 10/1/2021.
Amended by 2021 Tenn. Acts, ch. 500, s 5, eff. 10/1/2021.
Amended by 2019 Tenn. Acts, ch. 474, Secs.s 3, s 4 eff. 1/1/2020.
Amended by 2019 Tenn. Acts, ch. 474, s 2, eff. 1/1/2020.
Amended by 2018 Tenn. Acts, ch. 1050, s 2, eff. 1/1/2019.
Added by 2017 Tenn. Acts, ch. 466, s 2, eff. 7/1/2017.
Tenn. Code Ann. § 39-17-434 — TN Code / Title 39 / Chapter 17 / Section 39-17-434
Manufacture, delivery, sale or possession of methamphetamines
Status: in_force

(a) It is an offense for a defendant to knowingly: (1) Manufacture methamphetamine; (2) Deliver methamphetamine; (3) Sell methamphetamine; or (4) Possess methamphetamine with intent to manufacture, deliver or sell methamphetamine. (b) It is an offense for a person to knowingly possess or casually exchange methamphetamine. (c) If the violation is for methamphetamine, the defendant shall be charged, indicted, prosecuted and convicted under this section rather than §§ 39-17-417 or 39-17-418 . (d) Any reference in Tennessee Code Annotated that provides a penalty, forfeiture, punishment, fine, disability or other adverse effect for a violation of §§ 39-17-417 or 39-17-418 , shall be considered to apply to a conviction under this section if the violation involves methamphetamine. (e) (1) A violation of subsection (a) shall be punished as provided in § 39-17-417 . (2) A violation of subsection (b) shall be punished as provided in § 39-17-418 . Added by 2014 Tenn. Acts, ch. 904,s 1, eff. 7/1/2014.
(a) It is an offense for a defendant to knowingly: (1) Manufacture methamphetamine; (2) Deliver methamphetamine; (3) Sell methamphetamine; or (4) Possess methamphetamine with intent to manufacture, deliver or sell methamphetamine.
(1) Manufacture methamphetamine;
(2) Deliver methamphetamine;
(3) Sell methamphetamine; or
(4) Possess methamphetamine with intent to manufacture, deliver or sell methamphetamine.
(b) It is an offense for a person to knowingly possess or casually exchange methamphetamine.
(c) If the violation is for methamphetamine, the defendant shall be charged, indicted, prosecuted and convicted under this section rather than §§ 39-17-417 or 39-17-418 .
(d) Any reference in Tennessee Code Annotated that provides a penalty, forfeiture, punishment, fine, disability or other adverse effect for a violation of §§ 39-17-417 or 39-17-418 , shall be considered to apply to a conviction under this section if the violation involves methamphetamine.
(e) (1) A violation of subsection (a) shall be punished as provided in § 39-17-417 . (2) A violation of subsection (b) shall be punished as provided in § 39-17-418 .
(1) A violation of subsection (a) shall be punished as provided in § 39-17-417 .
(2) A violation of subsection (b) shall be punished as provided in § 39-17-418 .
Added by 2014 Tenn. Acts, ch. 904,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 39-17-454 — TN Code / Title 39 / Chapter 17 / Section 39-17-454
Controlled substance analogues
Status: in_force

(a) (1) As used in this section, "controlled substance analogue" means a capsule, pill, powder, product or other substance, however constituted, that has the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance; and (A) Has a chemical structure which is a derivative or structural analogue of the chemical structure of a controlled substance; provided, that as used in this subdivision (a)(1), "analogue" means the structure of the tested item differs in no more than two (2) atoms, one (1) functional group, or one (1) double bond, from the structure of a controlled substance; or (B) Is prohibited by § 39-17-452 . (2) "Controlled substance analogue" does not include: (A) A controlled substance; (B) Any substance for which there is an approved use or new drug application by the federal food and drug administration; (C) Any compound, mixture, or preparation that contains any controlled substance that is not for administration to a human being or animal, and that is packaged in such form or concentration, or with adulterants or denaturants, so that as packaged it does not present any significant potential for abuse; or (D) Any substance to which an investigational exemption applies under § 505 of the Food, Drug and Cosmetic Act ( 21 U.S.C. § 355 ), but only to the extent that conduct with respect to the substance is pursuant to such exemption. (b) (1) In determining whether a substance is a controlled substance analogue, the following factors shall be considered, along with any other relevant factors: (A) The difference between the price at which the substance is sold and the price at which the substance it is purported to be or advertised as is normally sold; (B) Its diversion from legitimate channels, and its clandestine importation, manufacture, or distribution; (C) The defendant's prior convictions, if any, for a violation of any state or federal statute prohibiting controlled substances or controlled substance analogues; and (D) Comparisons with accepted methods of marketing a legitimate nonprescription drug for medicinal purposes rather than for the purpose of drug abuse or any similar nonmedical use, including: (i) The packaging of the substance and its appearance in overall finished dosage form; (ii) Oral or written statements or representations concerning the substance; (iii) The methods by which the substance is distributed; and (iv) The manner in which the substance is sold to the public. (2) In determining whether a substance is a controlled substance analogue, the following scientific or pharmacological factors may be considered, along with any other relevant factors: (A) Its actual or relative potential for abuse; (B) Scientific evidence of its pharmacological effect, if known; (C) The state of current scientific knowledge regarding the substance; (D) The history of the substance and its current pattern of abuse; (E) The scope, duration and significance of abuse; (F) What, if any, risk there is to the public health; (G) Its psychic or physiological dependence liability; and (H) Whether the substance is an immediate precursor of a substance already controlled under this chapter. (c) It is an offense to knowingly manufacture, deliver, dispense or sell a controlled substance analogue or to possess a controlled substance analogue with the intent to manufacture, deliver, dispense or sell such substance. (d) It is an offense to knowingly possess or casually exchange a small amount of a controlled substance analogue not in excess of one (1) gram. (e) It may be inferred from the amount of controlled substance analogue possessed by an offender, along with other relevant facts surrounding the arrest, that the controlled substance analogue was possessed with the purpose of selling or otherwise dispensing in violation of subsection (c). It may be inferred from circumstances indicating a casual exchange among individuals of a controlled substance analogue that the controlled substance analogue so exchanged was possessed not with the purpose of selling or otherwise dispensing in violation of subsection (c). The inferences shall be transmitted to the jury by the trial judge's charge, and the jury will consider the inferences along with the nature of the substance possessed when affixing the penalty. (f) (1) It is an offense for a person to represent, orally or in writing, advertise, infer or intend that a controlled substance analogue has the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance; and (A) Has a chemical structure which is a derivative or structural analogue of the chemical structure of a controlled substance; provided, that as used in this subdivision (f)(1), "analogue" means the structure of the tested item differs in no more than two (2) atoms, one (1) functional group, or one (1) double bond, from the structure of a controlled substance; or (B) Is prohibited by § 39-17-452 . (2) It is not a defense to prosecution under this subsection (f) that the controlled substance analogue: (A) Is not a derivative of a controlled substance; (B) Does not have a chemical structure which is a derivative or analogue, as defined in subdivision (f)(1)(A), of the chemical structure of a controlled substance; (C) Does not have a stimulant, depressant, hallucinogenic effect on the central nervous system substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance; or (D) Is not listed in § 39-17-452 . (g) (1) A first violation of subsection (c) is a Class D felony. (2) A second or subsequent violation of subsection (c) is a Class C felony. (3) If the violation of subsection (c) involved the delivery, dispensing or sale of a controlled substance analogue to a minor, the person shall be punished one (1) classification higher than the punishment provided by this subsection (g) for delivering, dispensing or selling to an adult. (4) A violation of subsection (d) or (f) is a Class A misdemeanor. (h) (1) Nothing in this section shall preclude a violation of § 39-17-453 , involving an imitation controlled substance, or § 39-17-452 from being prosecuted and punished as a violation of this section if the substance in question meets the definition of an analogue controlled substance under subsection (a). (2) Nothing in this section shall preclude a violation of this section involving a controlled substance analogue from being prosecuted and punished under § 39-17-452 or § 39-17-453 if the controlled substance analogue in question also meets the definitions found in such sections. (3) If the chemical analysis of a controlled substance analogue determines that it also contains a hazardous substance as defined by § 68-131-102 , nothing in this section shall preclude a violation of this section from also being prosecuted and punished under title 68, chapter 131, part 1. (i) Any disability, disqualification, forfeiture, suspension, revocation, prohibition, tax or other adverse consequence provided by law that may result from a conviction for an offense involving a controlled substance shall also apply if the conviction involves a controlled substance analogue in violation of subsection (c). (j) The building and premises of any business in or upon which a violation of subsection (c) or (f) is committed by an employee, agent or owner of such business is declared to be a public nuisance and shall be subject to abatement as provided in title 29, chapter 3. Amended by 2013 Tenn. Acts, ch. 161,s 2, eff. 7/1/2013. Acts 2012, ch. 848, § 96.
(a) (1) As used in this section, "controlled substance analogue" means a capsule, pill, powder, product or other substance, however constituted, that has the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance; and (A) Has a chemical structure which is a derivative or structural analogue of the chemical structure of a controlled substance; provided, that as used in this subdivision (a)(1), "analogue" means the structure of the tested item differs in no more than two (2) atoms, one (1) functional group, or one (1) double bond, from the structure of a controlled substance; or (B) Is prohibited by § 39-17-452 . (2) "Controlled substance analogue" does not include: (A) A controlled substance; (B) Any substance for which there is an approved use or new drug application by the federal food and drug administration; (C) Any compound, mixture, or preparation that contains any controlled substance that is not for administration to a human being or animal, and that is packaged in such form or concentration, or with adulterants or denaturants, so that as packaged it does not present any significant potential for abuse; or (D) Any substance to which an investigational exemption applies under § 505 of the Food, Drug and Cosmetic Act ( 21 U.S.C. § 355 ), but only to the extent that conduct with respect to the substance is pursuant to such exemption.
(1) As used in this section, "controlled substance analogue" means a capsule, pill, powder, product or other substance, however constituted, that has the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance; and (A) Has a chemical structure which is a derivative or structural analogue of the chemical structure of a controlled substance; provided, that as used in this subdivision (a)(1), "analogue" means the structure of the tested item differs in no more than two (2) atoms, one (1) functional group, or one (1) double bond, from the structure of a controlled substance; or (B) Is prohibited by § 39-17-452 .
(A) Has a chemical structure which is a derivative or structural analogue of the chemical structure of a controlled substance; provided, that as used in this subdivision (a)(1), "analogue" means the structure of the tested item differs in no more than two (2) atoms, one (1) functional group, or one (1) double bond, from the structure of a controlled substance; or
(B) Is prohibited by § 39-17-452 .
(2) "Controlled substance analogue" does not include: (A) A controlled substance; (B) Any substance for which there is an approved use or new drug application by the federal food and drug administration; (C) Any compound, mixture, or preparation that contains any controlled substance that is not for administration to a human being or animal, and that is packaged in such form or concentration, or with adulterants or denaturants, so that as packaged it does not present any significant potential for abuse; or (D) Any substance to which an investigational exemption applies under § 505 of the Food, Drug and Cosmetic Act ( 21 U.S.C. § 355 ), but only to the extent that conduct with respect to the substance is pursuant to such exemption.
(A) A controlled substance;
(B) Any substance for which there is an approved use or new drug application by the federal food and drug administration;
(C) Any compound, mixture, or preparation that contains any controlled substance that is not for administration to a human being or animal, and that is packaged in such form or concentration, or with adulterants or denaturants, so that as packaged it does not present any significant potential for abuse; or
(D) Any substance to which an investigational exemption applies under § 505 of the Food, Drug and Cosmetic Act ( 21 U.S.C. § 355 ), but only to the extent that conduct with respect to the substance is pursuant to such exemption.
(b) (1) In determining whether a substance is a controlled substance analogue, the following factors shall be considered, along with any other relevant factors: (A) The difference between the price at which the substance is sold and the price at which the substance it is purported to be or advertised as is normally sold; (B) Its diversion from legitimate channels, and its clandestine importation, manufacture, or distribution; (C) The defendant's prior convictions, if any, for a violation of any state or federal statute prohibiting controlled substances or controlled substance analogues; and (D) Comparisons with accepted methods of marketing a legitimate nonprescription drug for medicinal purposes rather than for the purpose of drug abuse or any similar nonmedical use, including: (i) The packaging of the substance and its appearance in overall finished dosage form; (ii) Oral or written statements or representations concerning the substance; (iii) The methods by which the substance is distributed; and (iv) The manner in which the substance is sold to the public. (2) In determining whether a substance is a controlled substance analogue, the following scientific or pharmacological factors may be considered, along with any other relevant factors: (A) Its actual or relative potential for abuse; (B) Scientific evidence of its pharmacological effect, if known; (C) The state of current scientific knowledge regarding the substance; (D) The history of the substance and its current pattern of abuse; (E) The scope, duration and significance of abuse; (F) What, if any, risk there is to the public health; (G) Its psychic or physiological dependence liability; and (H) Whether the substance is an immediate precursor of a substance already controlled under this chapter.
(1) In determining whether a substance is a controlled substance analogue, the following factors shall be considered, along with any other relevant factors: (A) The difference between the price at which the substance is sold and the price at which the substance it is purported to be or advertised as is normally sold; (B) Its diversion from legitimate channels, and its clandestine importation, manufacture, or distribution; (C) The defendant's prior convictions, if any, for a violation of any state or federal statute prohibiting controlled substances or controlled substance analogues; and (D) Comparisons with accepted methods of marketing a legitimate nonprescription drug for medicinal purposes rather than for the purpose of drug abuse or any similar nonmedical use, including: (i) The packaging of the substance and its appearance in overall finished dosage form; (ii) Oral or written statements or representations concerning the substance; (iii) The methods by which the substance is distributed; and (iv) The manner in which the substance is sold to the public.
(A) The difference between the price at which the substance is sold and the price at which the substance it is purported to be or advertised as is normally sold;
(B) Its diversion from legitimate channels, and its clandestine importation, manufacture, or distribution;
(C) The defendant's prior convictions, if any, for a violation of any state or federal statute prohibiting controlled substances or controlled substance analogues; and
(D) Comparisons with accepted methods of marketing a legitimate nonprescription drug for medicinal purposes rather than for the purpose of drug abuse or any similar nonmedical use, including: (i) The packaging of the substance and its appearance in overall finished dosage form; (ii) Oral or written statements or representations concerning the substance; (iii) The methods by which the substance is distributed; and (iv) The manner in which the substance is sold to the public.
(i) The packaging of the substance and its appearance in overall finished dosage form;
(ii) Oral or written statements or representations concerning the substance;
(iii) The methods by which the substance is distributed; and
(iv) The manner in which the substance is sold to the public.
(2) In determining whether a substance is a controlled substance analogue, the following scientific or pharmacological factors may be considered, along with any other relevant factors: (A) Its actual or relative potential for abuse; (B) Scientific evidence of its pharmacological effect, if known; (C) The state of current scientific knowledge regarding the substance; (D) The history of the substance and its current pattern of abuse; (E) The scope, duration and significance of abuse; (F) What, if any, risk there is to the public health; (G) Its psychic or physiological dependence liability; and (H) Whether the substance is an immediate precursor of a substance already controlled under this chapter.
(A) Its actual or relative potential for abuse;
(B) Scientific evidence of its pharmacological effect, if known;
(C) The state of current scientific knowledge regarding the substance;
(D) The history of the substance and its current pattern of abuse;
(E) The scope, duration and significance of abuse;
(F) What, if any, risk there is to the public health;
(G) Its psychic or physiological dependence liability; and
(H) Whether the substance is an immediate precursor of a substance already controlled under this chapter.
(c) It is an offense to knowingly manufacture, deliver, dispense or sell a controlled substance analogue or to possess a controlled substance analogue with the intent to manufacture, deliver, dispense or sell such substance.
(d) It is an offense to knowingly possess or casually exchange a small amount of a controlled substance analogue not in excess of one (1) gram.
(e) It may be inferred from the amount of controlled substance analogue possessed by an offender, along with other relevant facts surrounding the arrest, that the controlled substance analogue was possessed with the purpose of selling or otherwise dispensing in violation of subsection (c). It may be inferred from circumstances indicating a casual exchange among individuals of a controlled substance analogue that the controlled substance analogue so exchanged was possessed not with the purpose of selling or otherwise dispensing in violation of subsection (c). The inferences shall be transmitted to the jury by the trial judge's charge, and the jury will consider the inferences along with the nature of the substance possessed when affixing the penalty.
(f) (1) It is an offense for a person to represent, orally or in writing, advertise, infer or intend that a controlled substance analogue has the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance; and (A) Has a chemical structure which is a derivative or structural analogue of the chemical structure of a controlled substance; provided, that as used in this subdivision (f)(1), "analogue" means the structure of the tested item differs in no more than two (2) atoms, one (1) functional group, or one (1) double bond, from the structure of a controlled substance; or (B) Is prohibited by § 39-17-452 . (2) It is not a defense to prosecution under this subsection (f) that the controlled substance analogue: (A) Is not a derivative of a controlled substance; (B) Does not have a chemical structure which is a derivative or analogue, as defined in subdivision (f)(1)(A), of the chemical structure of a controlled substance; (C) Does not have a stimulant, depressant, hallucinogenic effect on the central nervous system substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance; or (D) Is not listed in § 39-17-452 .
(1) It is an offense for a person to represent, orally or in writing, advertise, infer or intend that a controlled substance analogue has the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance; and (A) Has a chemical structure which is a derivative or structural analogue of the chemical structure of a controlled substance; provided, that as used in this subdivision (f)(1), "analogue" means the structure of the tested item differs in no more than two (2) atoms, one (1) functional group, or one (1) double bond, from the structure of a controlled substance; or (B) Is prohibited by § 39-17-452 .
(A) Has a chemical structure which is a derivative or structural analogue of the chemical structure of a controlled substance; provided, that as used in this subdivision (f)(1), "analogue" means the structure of the tested item differs in no more than two (2) atoms, one (1) functional group, or one (1) double bond, from the structure of a controlled substance; or
(B) Is prohibited by § 39-17-452 .
(2) It is not a defense to prosecution under this subsection (f) that the controlled substance analogue: (A) Is not a derivative of a controlled substance; (B) Does not have a chemical structure which is a derivative or analogue, as defined in subdivision (f)(1)(A), of the chemical structure of a controlled substance; (C) Does not have a stimulant, depressant, hallucinogenic effect on the central nervous system substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance; or (D) Is not listed in § 39-17-452 .
(A) Is not a derivative of a controlled substance;
(B) Does not have a chemical structure which is a derivative or analogue, as defined in subdivision (f)(1)(A), of the chemical structure of a controlled substance;
(C) Does not have a stimulant, depressant, hallucinogenic effect on the central nervous system substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance; or
(D) Is not listed in § 39-17-452 .
(g) (1) A first violation of subsection (c) is a Class D felony. (2) A second or subsequent violation of subsection (c) is a Class C felony. (3) If the violation of subsection (c) involved the delivery, dispensing or sale of a controlled substance analogue to a minor, the person shall be punished one (1) classification higher than the punishment provided by this subsection (g) for delivering, dispensing or selling to an adult. (4) A violation of subsection (d) or (f) is a Class A misdemeanor.
(1) A first violation of subsection (c) is a Class D felony.
(2) A second or subsequent violation of subsection (c) is a Class C felony.
(3) If the violation of subsection (c) involved the delivery, dispensing or sale of a controlled substance analogue to a minor, the person shall be punished one (1) classification higher than the punishment provided by this subsection (g) for delivering, dispensing or selling to an adult.
(4) A violation of subsection (d) or (f) is a Class A misdemeanor.
(h) (1) Nothing in this section shall preclude a violation of § 39-17-453 , involving an imitation controlled substance, or § 39-17-452 from being prosecuted and punished as a violation of this section if the substance in question meets the definition of an analogue controlled substance under subsection (a). (2) Nothing in this section shall preclude a violation of this section involving a controlled substance analogue from being prosecuted and punished under § 39-17-452 or § 39-17-453 if the controlled substance analogue in question also meets the definitions found in such sections. (3) If the chemical analysis of a controlled substance analogue determines that it also contains a hazardous substance as defined by § 68-131-102 , nothing in this section shall preclude a violation of this section from also being prosecuted and punished under title 68, chapter 131, part 1.
(1) Nothing in this section shall preclude a violation of § 39-17-453 , involving an imitation controlled substance, or § 39-17-452 from being prosecuted and punished as a violation of this section if the substance in question meets the definition of an analogue controlled substance under subsection (a).
(2) Nothing in this section shall preclude a violation of this section involving a controlled substance analogue from being prosecuted and punished under § 39-17-452 or § 39-17-453 if the controlled substance analogue in question also meets the definitions found in such sections.
(3) If the chemical analysis of a controlled substance analogue determines that it also contains a hazardous substance as defined by § 68-131-102 , nothing in this section shall preclude a violation of this section from also being prosecuted and punished under title 68, chapter 131, part 1.
(i) Any disability, disqualification, forfeiture, suspension, revocation, prohibition, tax or other adverse consequence provided by law that may result from a conviction for an offense involving a controlled substance shall also apply if the conviction involves a controlled substance analogue in violation of subsection (c).
(j) The building and premises of any business in or upon which a violation of subsection (c) or (f) is committed by an employee, agent or owner of such business is declared to be a public nuisance and shall be subject to abatement as provided in title 29, chapter 3.
Amended by 2013 Tenn. Acts, ch. 161,s 2, eff. 7/1/2013.
Acts 2012, ch. 848, § 96.
Tenn. Code Ann. § 39-17-1601 — TN Code / Title 39 / Chapter 17 / Section 39-17-1601
Short title
Status: in_force

This part shall be known and may be cited as the "Children's Act for Clean Indoor Air." Acts 1995, ch. 455, § 1.
This part shall be known and may be cited as the "Children's Act for Clean Indoor Air."
Acts 1995, ch. 455, § 1.
Tenn. Code Ann. § 39-15-411 — TN Code / Title 39 / Chapter 15 / Section 39-15-411
Warning sign or decal
Status: in_force

(a) A person who disseminates smoking paraphernalia shall prominently display in the place where the items are disseminated, either the sign required pursuant to § 39-17-1506(a) or the sign required by this section prior to April 22, 1994. (b) A violation of this section is a Class C misdemeanor. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 26; 1994, ch. 872, § 11.
(a) A person who disseminates smoking paraphernalia shall prominently display in the place where the items are disseminated, either the sign required pursuant to § 39-17-1506(a) or the sign required by this section prior to April 22, 1994.
(b) A violation of this section is a Class C misdemeanor.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 26; 1994, ch. 872, § 11.
Tenn. Code Ann. § 39-14-510 — TN Code / Title 39 / Chapter 14 / Section 39-14-510
Proceeds from fines - Rewards - Role of county mayor
Status: in_force

(a) All proceeds from the fines imposed by this part shall be deposited in the general fund of the county where the offense occurred and designated for county operating costs with preference given to litter prevention programs and education such as those conducted by Keep America Beautiful. (b) Any person who reports information to a law enforcement officer that leads to the apprehension and conviction of a person for mitigated criminal littering shall receive a reward of fifty dollars ($50.00). Any person who reports information to a law enforcement officer that leads to the apprehension and conviction of a person for criminal littering or aggravated criminal littering shall receive a reward of two hundred fifty dollars ($250). The county where the offense occurred shall provide the reward money from the proceeds of the mandatory fines collected under this section. (c) (1) The mayor of each county shall be the administrative official for this part, with the exception of the exclusions set out in § 39-14-511 . The county mayor shall ensure that the program is administered according to this part. (2) The county mayor shall be empowered to authorize disbursements from the county's general fund from the proceeds deposited under subsection (a) for enforcement of this part covering all litter prevention, control and education programs to be funded. (3) The county mayor shall be further empowered to enter into agreements with city mayors or city managers within the mayor's county as to disbursements of moneys for violations of litter control and prevention laws that occur within municipal boundaries. (d) Each county shall establish the necessary fiscal structure within its accounting system to provide for proper monitoring and auditing of its receipts and disbursements under subsection (c). Acts 2007, ch. 595, § 1; 2009, ch. 382, § 1.
(a) All proceeds from the fines imposed by this part shall be deposited in the general fund of the county where the offense occurred and designated for county operating costs with preference given to litter prevention programs and education such as those conducted by Keep America Beautiful.
(b) Any person who reports information to a law enforcement officer that leads to the apprehension and conviction of a person for mitigated criminal littering shall receive a reward of fifty dollars ($50.00). Any person who reports information to a law enforcement officer that leads to the apprehension and conviction of a person for criminal littering or aggravated criminal littering shall receive a reward of two hundred fifty dollars ($250). The county where the offense occurred shall provide the reward money from the proceeds of the mandatory fines collected under this section.
(c) (1) The mayor of each county shall be the administrative official for this part, with the exception of the exclusions set out in § 39-14-511 . The county mayor shall ensure that the program is administered according to this part. (2) The county mayor shall be empowered to authorize disbursements from the county's general fund from the proceeds deposited under subsection (a) for enforcement of this part covering all litter prevention, control and education programs to be funded. (3) The county mayor shall be further empowered to enter into agreements with city mayors or city managers within the mayor's county as to disbursements of moneys for violations of litter control and prevention laws that occur within municipal boundaries.
(1) The mayor of each county shall be the administrative official for this part, with the exception of the exclusions set out in § 39-14-511 . The county mayor shall ensure that the program is administered according to this part.
(2) The county mayor shall be empowered to authorize disbursements from the county's general fund from the proceeds deposited under subsection (a) for enforcement of this part covering all litter prevention, control and education programs to be funded.
(3) The county mayor shall be further empowered to enter into agreements with city mayors or city managers within the mayor's county as to disbursements of moneys for violations of litter control and prevention laws that occur within municipal boundaries.
(d) Each county shall establish the necessary fiscal structure within its accounting system to provide for proper monitoring and auditing of its receipts and disbursements under subsection (c).
Acts 2007, ch. 595, § 1; 2009, ch. 382, § 1.
Tenn. Code Ann. § 39-12-101 — TN Code / Title 39 / Chapter 12 / Section 39-12-101
Criminal attempt
Status: in_force

(a) A person commits criminal attempt who, acting with the kind of culpability otherwise required for the offense: (1) Intentionally engages in action or causes a result that would constitute an offense, if the circumstances surrounding the conduct were as the person believes them to be; (2) Acts with intent to cause a result that is an element of the offense, and believes the conduct will cause the result without further conduct on the person's part; or (3) Acts with intent to complete a course of action or cause a result that would constitute the offense, under the circumstances surrounding the conduct as the person believes them to be, and the conduct constitutes a substantial step toward the commission of the offense. (b) Conduct does not constitute a substantial step under subdivision (a)(3), unless the person's entire course of action is corroborative of the intent to commit the offense. (c) It is no defense to prosecution for criminal attempt that the offense attempted was actually committed. Acts 1989, ch. 591, § 1.
(a) A person commits criminal attempt who, acting with the kind of culpability otherwise required for the offense: (1) Intentionally engages in action or causes a result that would constitute an offense, if the circumstances surrounding the conduct were as the person believes them to be; (2) Acts with intent to cause a result that is an element of the offense, and believes the conduct will cause the result without further conduct on the person's part; or (3) Acts with intent to complete a course of action or cause a result that would constitute the offense, under the circumstances surrounding the conduct as the person believes them to be, and the conduct constitutes a substantial step toward the commission of the offense.
(1) Intentionally engages in action or causes a result that would constitute an offense, if the circumstances surrounding the conduct were as the person believes them to be;
(2) Acts with intent to cause a result that is an element of the offense, and believes the conduct will cause the result without further conduct on the person's part; or
(3) Acts with intent to complete a course of action or cause a result that would constitute the offense, under the circumstances surrounding the conduct as the person believes them to be, and the conduct constitutes a substantial step toward the commission of the offense.
(b) Conduct does not constitute a substantial step under subdivision (a)(3), unless the person's entire course of action is corroborative of the intent to commit the offense.
(c) It is no defense to prosecution for criminal attempt that the offense attempted was actually committed.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-14-412 — TN Code / Title 39 / Chapter 14 / Section 39-14-412
Mailbox tampering - Damage or defacement of government property
Status: in_force

(a) It is an offense for any person to knowingly damage, destroy, remove or otherwise tamper with a residential mailbox or other container such person knows or reasonably should know is used for the receipt or deposit of United States mail. Any person convicted of violating this subsection (a) shall be sentenced to not less than twenty-five (25) hours of public service work. (b) It is an offense for any person to knowingly damage or deface real or personal property of the state, or a subdivision thereof, by the painting or other permanent application of graffiti directly onto the property. (c) (1) A violation of subsection (a) is a Class B misdemeanor. All violations shall be punished by at least twenty-five (25) hours of community service work to be determined by the court. (2) A violation of subsection (b) is a Class A misdemeanor. In any sentence imposed for a violation of subsection (b), the court shall include an order of restitution for any property damage or loss incurred as a result of the offense. Amended by 2020EX2 Tenn. Acts, ch. 3, s 16, eff. 8/20/2020. Acts 1990, ch. 1010, § 1; 1992, ch. 769, § 1.
(a) It is an offense for any person to knowingly damage, destroy, remove or otherwise tamper with a residential mailbox or other container such person knows or reasonably should know is used for the receipt or deposit of United States mail. Any person convicted of violating this subsection (a) shall be sentenced to not less than twenty-five (25) hours of public service work.
(b) It is an offense for any person to knowingly damage or deface real or personal property of the state, or a subdivision thereof, by the painting or other permanent application of graffiti directly onto the property.
(c) (1) A violation of subsection (a) is a Class B misdemeanor. All violations shall be punished by at least twenty-five (25) hours of community service work to be determined by the court. (2) A violation of subsection (b) is a Class A misdemeanor. In any sentence imposed for a violation of subsection (b), the court shall include an order of restitution for any property damage or loss incurred as a result of the offense.
(1) A violation of subsection (a) is a Class B misdemeanor. All violations shall be punished by at least twenty-five (25) hours of community service work to be determined by the court.
(2) A violation of subsection (b) is a Class A misdemeanor. In any sentence imposed for a violation of subsection (b), the court shall include an order of restitution for any property damage or loss incurred as a result of the offense.
Amended by 2020EX2 Tenn. Acts, ch. 3, s 16, eff. 8/20/2020.
Acts 1990, ch. 1010, § 1; 1992, ch. 769, § 1.
Tenn. Code Ann. § 39-17-401 — TN Code / Title 39 / Chapter 17 / Section 39-17-401
Tennessee Drug Control Act
Status: in_force

(a) This part and title 53, chapter 11, parts 3 and 4 shall be known and may be cited as the "Tennessee Drug Control Act of 1989." (b) Except as otherwise expressly permitted by state law, the state preempts the entire field of determining the appropriate sanction for conduct involving a drug or other substance that is classified by this part or title 53, chapter 11, as a Class A or B misdemeanor or a Class A, B, C, D, or E felony. No county, city, town, municipality, or metropolitan form of government has the authority by ordinance, resolution, regulation, or other local law to enact or adopt a sanction for conduct involving a drug or other substance if the sanction for that conduct is established by this part or title 53, chapter 11, as a criminal offense other than a Class C misdemeanor. Any ordinance, resolution, regulation, or other local law enacted or adopted prior to April 12, 2017, regulating drugs and other substances that is inconsistent with this part and title 53, chapter 11, is superseded and repealed. Any policy, guideline, or practice of any agency, department, or employee of a county, city, town, municipality, or metropolitan form of government that regulates or permits the enforcement of conduct covered by this subsection (b) in a manner inconsistent with state law is void. Amended by 2017 Tenn. Acts, ch. 124,s 1, eff. 4/12/2017. Acts 1989, ch. 591, § 1.
(a) This part and title 53, chapter 11, parts 3 and 4 shall be known and may be cited as the "Tennessee Drug Control Act of 1989."
(b) Except as otherwise expressly permitted by state law, the state preempts the entire field of determining the appropriate sanction for conduct involving a drug or other substance that is classified by this part or title 53, chapter 11, as a Class A or B misdemeanor or a Class A, B, C, D, or E felony. No county, city, town, municipality, or metropolitan form of government has the authority by ordinance, resolution, regulation, or other local law to enact or adopt a sanction for conduct involving a drug or other substance if the sanction for that conduct is established by this part or title 53, chapter 11, as a criminal offense other than a Class C misdemeanor. Any ordinance, resolution, regulation, or other local law enacted or adopted prior to April 12, 2017, regulating drugs and other substances that is inconsistent with this part and title 53, chapter 11, is superseded and repealed. Any policy, guideline, or practice of any agency, department, or employee of a county, city, town, municipality, or metropolitan form of government that regulates or permits the enforcement of conduct covered by this subsection (b) in a manner inconsistent with state law is void.
Amended by 2017 Tenn. Acts, ch. 124,s 1, eff. 4/12/2017.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-15-509 — TN Code / Title 39 / Chapter 15 / Section 39-15-509
Report of abuse, sexual exploitation, neglect, or financial exploitation to adult protective services - Report of rape or sexual battery to adult protective services and law enforcement agency - Failure to make report
Status: in_force

(a) (1) Any person having reasonable suspicion that an elderly or vulnerable adult is suffering or has suffered abuse, sexual exploitation, neglect, or financial exploitation shall report such neglect or financial exploitation to adult protective services pursuant to title 71, chapter 6. (2) Any person having reasonable suspicion that an elderly or vulnerable adult is the victim of aggravated rape pursuant to § 39-13-502 , rape pursuant to § 39-13-503 , aggravated sexual battery pursuant to § 39-13-504 , or sexual battery pursuant to § 39-13-505 , shall report the conduct to adult protective services pursuant to title 71, chapter 6, and to the local law enforcement agency in the jurisdiction where the offense occurred. (b) Any person who fails to make reasonable efforts to make a report required by subsection (a) or by title 71, chapter 6, commits a Class A misdemeanor. (c) Upon good cause shown, adult protective services shall cooperate with law enforcement to identify those persons who knowingly fail to report abuse, sexual exploitation, neglect, or financial exploitation of an elderly or vulnerable adult. (d) (1) This section does not apply to a financial service provider or to an employee of a financial service provider acting within the scope of the employee's employment except as provided by title 45, chapter 2, part 12. (2) As used in subdivision (d)(1), "financial service provider" means any of the following engaged in or transacting business in this state: (A) A state or national bank or trust company; (B) A state or federal savings and loan association; (C) A state or federal credit union; (D) An industrial loan and thrift company, regulated by title 45, chapter 5; (E) A money transmitter, regulated by title 45, chapter 7; (F) A check casher, regulated by title 45, chapter 18; (G) A mortgage loan lender, mortgage loan broker, mortgage loan originator, or mortgage loan servicer, regulated by title 45, chapter 13; (H) A title pledge lender, regulated by title 45, chapter 15; (I) A deferred presentment services provider, regulated by title 45, chapter 17; (J) A flex loan provider, regulated by title 45, chapter 12; or (K) A home equity conversion mortgage lender, regulated by title 47, chapter 30. (e) Upon commencement of criminal prosecution of abuse, sexual exploitation, neglect, or financial exploitation of an elderly or vulnerable adult, adult protective services shall provide to the district attorney general a complete and unredacted copy of adult protective services' entire investigative file excluding the identity of the referral source except as provided by subsection (f). (f) Upon return of a criminal indictment or presentment alleging abuse, sexual exploitation, neglect, or financial exploitation of an elderly or vulnerable adult, adult protective services shall provide to the district attorney general the identity of the person who made the report in accordance with § 71-6-118 . Amended by 2019 Tenn. Acts, ch. 474,Secs.s9, s10, s11 eff. 1/1/2020. Amended by 2019 Tenn. Acts, ch. 474,s 8, eff. 1/1/2020. Added by 2018 Tenn. Acts, ch. 1050,s 5, eff. 1/1/2019.
(a) (1) Any person having reasonable suspicion that an elderly or vulnerable adult is suffering or has suffered abuse, sexual exploitation, neglect, or financial exploitation shall report such neglect or financial exploitation to adult protective services pursuant to title 71, chapter 6. (2) Any person having reasonable suspicion that an elderly or vulnerable adult is the victim of aggravated rape pursuant to § 39-13-502 , rape pursuant to § 39-13-503 , aggravated sexual battery pursuant to § 39-13-504 , or sexual battery pursuant to § 39-13-505 , shall report the conduct to adult protective services pursuant to title 71, chapter 6, and to the local law enforcement agency in the jurisdiction where the offense occurred.
(1) Any person having reasonable suspicion that an elderly or vulnerable adult is suffering or has suffered abuse, sexual exploitation, neglect, or financial exploitation shall report such neglect or financial exploitation to adult protective services pursuant to title 71, chapter 6.
(2) Any person having reasonable suspicion that an elderly or vulnerable adult is the victim of aggravated rape pursuant to § 39-13-502 , rape pursuant to § 39-13-503 , aggravated sexual battery pursuant to § 39-13-504 , or sexual battery pursuant to § 39-13-505 , shall report the conduct to adult protective services pursuant to title 71, chapter 6, and to the local law enforcement agency in the jurisdiction where the offense occurred.
(b) Any person who fails to make reasonable efforts to make a report required by subsection (a) or by title 71, chapter 6, commits a Class A misdemeanor.
(c) Upon good cause shown, adult protective services shall cooperate with law enforcement to identify those persons who knowingly fail to report abuse, sexual exploitation, neglect, or financial exploitation of an elderly or vulnerable adult.
(d) (1) This section does not apply to a financial service provider or to an employee of a financial service provider acting within the scope of the employee's employment except as provided by title 45, chapter 2, part 12. (2) As used in subdivision (d)(1), "financial service provider" means any of the following engaged in or transacting business in this state: (A) A state or national bank or trust company; (B) A state or federal savings and loan association; (C) A state or federal credit union; (D) An industrial loan and thrift company, regulated by title 45, chapter 5; (E) A money transmitter, regulated by title 45, chapter 7; (F) A check casher, regulated by title 45, chapter 18; (G) A mortgage loan lender, mortgage loan broker, mortgage loan originator, or mortgage loan servicer, regulated by title 45, chapter 13; (H) A title pledge lender, regulated by title 45, chapter 15; (I) A deferred presentment services provider, regulated by title 45, chapter 17; (J) A flex loan provider, regulated by title 45, chapter 12; or (K) A home equity conversion mortgage lender, regulated by title 47, chapter 30.
(1) This section does not apply to a financial service provider or to an employee of a financial service provider acting within the scope of the employee's employment except as provided by title 45, chapter 2, part 12.
(2) As used in subdivision (d)(1), "financial service provider" means any of the following engaged in or transacting business in this state: (A) A state or national bank or trust company; (B) A state or federal savings and loan association; (C) A state or federal credit union; (D) An industrial loan and thrift company, regulated by title 45, chapter 5; (E) A money transmitter, regulated by title 45, chapter 7; (F) A check casher, regulated by title 45, chapter 18; (G) A mortgage loan lender, mortgage loan broker, mortgage loan originator, or mortgage loan servicer, regulated by title 45, chapter 13; (H) A title pledge lender, regulated by title 45, chapter 15; (I) A deferred presentment services provider, regulated by title 45, chapter 17; (J) A flex loan provider, regulated by title 45, chapter 12; or (K) A home equity conversion mortgage lender, regulated by title 47, chapter 30.
(A) A state or national bank or trust company;
(B) A state or federal savings and loan association;
(C) A state or federal credit union;
(D) An industrial loan and thrift company, regulated by title 45, chapter 5;
(E) A money transmitter, regulated by title 45, chapter 7;
(F) A check casher, regulated by title 45, chapter 18;
(G) A mortgage loan lender, mortgage loan broker, mortgage loan originator, or mortgage loan servicer, regulated by title 45, chapter 13;
(H) A title pledge lender, regulated by title 45, chapter 15;
(I) A deferred presentment services provider, regulated by title 45, chapter 17;
(J) A flex loan provider, regulated by title 45, chapter 12; or
(K) A home equity conversion mortgage lender, regulated by title 47, chapter 30.
(e) Upon commencement of criminal prosecution of abuse, sexual exploitation, neglect, or financial exploitation of an elderly or vulnerable adult, adult protective services shall provide to the district attorney general a complete and unredacted copy of adult protective services' entire investigative file excluding the identity of the referral source except as provided by subsection (f).
(f) Upon return of a criminal indictment or presentment alleging abuse, sexual exploitation, neglect, or financial exploitation of an elderly or vulnerable adult, adult protective services shall provide to the district attorney general the identity of the person who made the report in accordance with § 71-6-118 .
Amended by 2019 Tenn. Acts, ch. 474,Secs.s9, s10, s11 eff. 1/1/2020.
Amended by 2019 Tenn. Acts, ch. 474,s 8, eff. 1/1/2020.
Added by 2018 Tenn. Acts, ch. 1050,s 5, eff. 1/1/2019.
Tenn. Code Ann. § 39-17-1702 — TN Code / Title 39 / Chapter 17 / Section 39-17-1702
Curfew established - Exceptions - Duties of apprehending authority
Status: in_force

(a) It is unlawful for any minor between seventeen (17) and eighteen (18) years of age to remain in or upon any public street, highway, park, vacant lot, establishment or other public place within the county during the following time frames: (1) Monday through Thursday between the hours of eleven o'clock p.m. (11:00 p.m.) to six o'clock a.m. (6:00 a.m.); and (2) Friday through Sunday between the hours of twelve o'clock (12:00) midnight to six o'clock a.m. (6:00 a.m.). (b) It is unlawful for any minor sixteen (16) years of age and under to remain in or upon any public street, highway, park, vacant lot, establishment or other public place within the county during the following time frames: (1) Monday through Thursday between the hours of ten o'clock p.m. (10:00 p.m.) to six o'clock a.m. (6:00 a.m.); and (2) Friday through Sunday between the hours of eleven o'clock p.m. (11:00 p.m.) to six o'clock a.m. (6:00 a.m.). (c) It is unlawful for a parent or guardian of a minor to knowingly permit or by inefficient control to allow the minor to be or remain upon any street or establishment under circumstances not constituting an exception to, or otherwise beyond the scope of subsections (a) and (b). The term "knowingly" includes knowledge that a parent or guardian should reasonably be expected to have concerning the whereabouts of a minor in that parent's legal custody. The term "knowingly" is intended to continue to keep neglectful or careless parents up to a reasonable community standard of parental responsibility through an objective test. It is not a defense that a parent was completely indifferent to the activities or conduct or whereabouts of the minor child. (d) (1) The following are valid exceptions to the operation of the curfew: (A) At any time, if a minor is accompanied by the minor's parent or guardian; (B) When accompanied by an adult authorized by a parent or guardian of the minor to take the parent or guardian's place in accompanying the minor for a designated period of time and purpose within a specified area; (C) Until the hour of twelve-thirty a.m. (12:30 a.m.), if the minor is on an errand as directed by the minor's parent; (D) While engaged in a lawful employment activity, or while going directly to or returning directly from the minor's home and place of lawful employment. This exception shall also apply if the minor is in a public place during the curfew hours in the course of the minor's lawful employment. To come within this exception, the minor must be carrying written evidence of employment that is issued by the employer; (E) Until the hour of twelve-thirty a.m. (12:30 a.m.) if the minor is on the property of or the sidewalk directly adjacent to the place where the minor resides or the place immediately adjacent to the place where the minor resides, if the owner of the adjacent building does not communicate an objection to the minor and the law enforcement officer; (F) When returning home by a direct route from (and within thirty (30) minutes of the termination of) a school activity or an activity of a religious or other voluntary association, or a place of public entertainment, such as a movie, play or sporting event. This exception does not apply beyond one o'clock a.m. (1:00 a.m.). (G) In the case of reasonable necessity, but only after the minor's parent has communicated to law enforcement personnel the facts establishing the reasonable necessity relating to specified streets at a designated time for a described purpose including place or origin and destination. A copy of the communication, or the record of the communication, an appropriate notation of the time it was received and of the names and addresses of the parent or guardian and minor constitute evidence of qualification under this exception; (H) When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly. A minor shall show evidence of the good faith of the exercise and provide notice to the city officials by first delivering to the appropriate law enforcement authority a written communication, signed by the minor, with the minor's home address and telephone number, addressed to the mayor of the county specifying when, where and in what manner the minor will be on the streets at night during hours when the curfew is still otherwise applicable to the minor in the exercise of a First Amendment right specified in the communication; and (I) When a minor is, with parental consent, in a motor vehicle engaged in good faith interstate travel. (2) Each of the exceptions contained in subdivision (d)(1), and the limitations are severable. (e) When any child is in violation of this section, the apprehending officer shall act in one (1) of the following ways: (1) In the case of a first violation, and if in the opinion of the officer the action would be effective, take the child to the child's home and warn and counsel the parents or guardians; (2) Take the minor into custody and transport the minor to a designated curfew center; (3) Issue a summons to the child or parents or guardians to appear at the juvenile court; or (4) Bring the child into the custody of the juvenile court for disposition. (f) (1) A minor violating this section shall commit an unruly act disposition of which shall be governed pursuant to title 37. (2) Any parent, guardian, or other person having the care, custody and control of a minor violating this section commits a Class C misdemeanor and shall be fined no more than fifty dollars ($50.00) for each offense. Each violation of this section shall constitute a separate offense. Amended by 2015 Tenn. Acts, ch. 319,Secs.s1, s2 eff. 4/28/2015. Acts 1995, ch. 314, § 2.
(a) It is unlawful for any minor between seventeen (17) and eighteen (18) years of age to remain in or upon any public street, highway, park, vacant lot, establishment or other public place within the county during the following time frames: (1) Monday through Thursday between the hours of eleven o'clock p.m. (11:00 p.m.) to six o'clock a.m. (6:00 a.m.); and (2) Friday through Sunday between the hours of twelve o'clock (12:00) midnight to six o'clock a.m. (6:00 a.m.).
(1) Monday through Thursday between the hours of eleven o'clock p.m. (11:00 p.m.) to six o'clock a.m. (6:00 a.m.); and
(2) Friday through Sunday between the hours of twelve o'clock (12:00) midnight to six o'clock a.m. (6:00 a.m.).
(b) It is unlawful for any minor sixteen (16) years of age and under to remain in or upon any public street, highway, park, vacant lot, establishment or other public place within the county during the following time frames: (1) Monday through Thursday between the hours of ten o'clock p.m. (10:00 p.m.) to six o'clock a.m. (6:00 a.m.); and (2) Friday through Sunday between the hours of eleven o'clock p.m. (11:00 p.m.) to six o'clock a.m. (6:00 a.m.).
(1) Monday through Thursday between the hours of ten o'clock p.m. (10:00 p.m.) to six o'clock a.m. (6:00 a.m.); and
(2) Friday through Sunday between the hours of eleven o'clock p.m. (11:00 p.m.) to six o'clock a.m. (6:00 a.m.).
(c) It is unlawful for a parent or guardian of a minor to knowingly permit or by inefficient control to allow the minor to be or remain upon any street or establishment under circumstances not constituting an exception to, or otherwise beyond the scope of subsections (a) and (b). The term "knowingly" includes knowledge that a parent or guardian should reasonably be expected to have concerning the whereabouts of a minor in that parent's legal custody. The term "knowingly" is intended to continue to keep neglectful or careless parents up to a reasonable community standard of parental responsibility through an objective test. It is not a defense that a parent was completely indifferent to the activities or conduct or whereabouts of the minor child.
(d) (1) The following are valid exceptions to the operation of the curfew: (A) At any time, if a minor is accompanied by the minor's parent or guardian; (B) When accompanied by an adult authorized by a parent or guardian of the minor to take the parent or guardian's place in accompanying the minor for a designated period of time and purpose within a specified area; (C) Until the hour of twelve-thirty a.m. (12:30 a.m.), if the minor is on an errand as directed by the minor's parent; (D) While engaged in a lawful employment activity, or while going directly to or returning directly from the minor's home and place of lawful employment. This exception shall also apply if the minor is in a public place during the curfew hours in the course of the minor's lawful employment. To come within this exception, the minor must be carrying written evidence of employment that is issued by the employer; (E) Until the hour of twelve-thirty a.m. (12:30 a.m.) if the minor is on the property of or the sidewalk directly adjacent to the place where the minor resides or the place immediately adjacent to the place where the minor resides, if the owner of the adjacent building does not communicate an objection to the minor and the law enforcement officer; (F) When returning home by a direct route from (and within thirty (30) minutes of the termination of) a school activity or an activity of a religious or other voluntary association, or a place of public entertainment, such as a movie, play or sporting event. This exception does not apply beyond one o'clock a.m. (1:00 a.m.). (G) In the case of reasonable necessity, but only after the minor's parent has communicated to law enforcement personnel the facts establishing the reasonable necessity relating to specified streets at a designated time for a described purpose including place or origin and destination. A copy of the communication, or the record of the communication, an appropriate notation of the time it was received and of the names and addresses of the parent or guardian and minor constitute evidence of qualification under this exception; (H) When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly. A minor shall show evidence of the good faith of the exercise and provide notice to the city officials by first delivering to the appropriate law enforcement authority a written communication, signed by the minor, with the minor's home address and telephone number, addressed to the mayor of the county specifying when, where and in what manner the minor will be on the streets at night during hours when the curfew is still otherwise applicable to the minor in the exercise of a First Amendment right specified in the communication; and (I) When a minor is, with parental consent, in a motor vehicle engaged in good faith interstate travel. (2) Each of the exceptions contained in subdivision (d)(1), and the limitations are severable.
(1) The following are valid exceptions to the operation of the curfew: (A) At any time, if a minor is accompanied by the minor's parent or guardian; (B) When accompanied by an adult authorized by a parent or guardian of the minor to take the parent or guardian's place in accompanying the minor for a designated period of time and purpose within a specified area; (C) Until the hour of twelve-thirty a.m. (12:30 a.m.), if the minor is on an errand as directed by the minor's parent; (D) While engaged in a lawful employment activity, or while going directly to or returning directly from the minor's home and place of lawful employment. This exception shall also apply if the minor is in a public place during the curfew hours in the course of the minor's lawful employment. To come within this exception, the minor must be carrying written evidence of employment that is issued by the employer; (E) Until the hour of twelve-thirty a.m. (12:30 a.m.) if the minor is on the property of or the sidewalk directly adjacent to the place where the minor resides or the place immediately adjacent to the place where the minor resides, if the owner of the adjacent building does not communicate an objection to the minor and the law enforcement officer; (F) When returning home by a direct route from (and within thirty (30) minutes of the termination of) a school activity or an activity of a religious or other voluntary association, or a place of public entertainment, such as a movie, play or sporting event. This exception does not apply beyond one o'clock a.m. (1:00 a.m.). (G) In the case of reasonable necessity, but only after the minor's parent has communicated to law enforcement personnel the facts establishing the reasonable necessity relating to specified streets at a designated time for a described purpose including place or origin and destination. A copy of the communication, or the record of the communication, an appropriate notation of the time it was received and of the names and addresses of the parent or guardian and minor constitute evidence of qualification under this exception; (H) When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly. A minor shall show evidence of the good faith of the exercise and provide notice to the city officials by first delivering to the appropriate law enforcement authority a written communication, signed by the minor, with the minor's home address and telephone number, addressed to the mayor of the county specifying when, where and in what manner the minor will be on the streets at night during hours when the curfew is still otherwise applicable to the minor in the exercise of a First Amendment right specified in the communication; and (I) When a minor is, with parental consent, in a motor vehicle engaged in good faith interstate travel.
(A) At any time, if a minor is accompanied by the minor's parent or guardian;
(B) When accompanied by an adult authorized by a parent or guardian of the minor to take the parent or guardian's place in accompanying the minor for a designated period of time and purpose within a specified area;
(C) Until the hour of twelve-thirty a.m. (12:30 a.m.), if the minor is on an errand as directed by the minor's parent;
(D) While engaged in a lawful employment activity, or while going directly to or returning directly from the minor's home and place of lawful employment. This exception shall also apply if the minor is in a public place during the curfew hours in the course of the minor's lawful employment. To come within this exception, the minor must be carrying written evidence of employment that is issued by the employer;
(E) Until the hour of twelve-thirty a.m. (12:30 a.m.) if the minor is on the property of or the sidewalk directly adjacent to the place where the minor resides or the place immediately adjacent to the place where the minor resides, if the owner of the adjacent building does not communicate an objection to the minor and the law enforcement officer;
(F) When returning home by a direct route from (and within thirty (30) minutes of the termination of) a school activity or an activity of a religious or other voluntary association, or a place of public entertainment, such as a movie, play or sporting event. This exception does not apply beyond one o'clock a.m. (1:00 a.m.).
(G) In the case of reasonable necessity, but only after the minor's parent has communicated to law enforcement personnel the facts establishing the reasonable necessity relating to specified streets at a designated time for a described purpose including place or origin and destination. A copy of the communication, or the record of the communication, an appropriate notation of the time it was received and of the names and addresses of the parent or guardian and minor constitute evidence of qualification under this exception;
(H) When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly. A minor shall show evidence of the good faith of the exercise and provide notice to the city officials by first delivering to the appropriate law enforcement authority a written communication, signed by the minor, with the minor's home address and telephone number, addressed to the mayor of the county specifying when, where and in what manner the minor will be on the streets at night during hours when the curfew is still otherwise applicable to the minor in the exercise of a First Amendment right specified in the communication; and
(I) When a minor is, with parental consent, in a motor vehicle engaged in good faith interstate travel.
(2) Each of the exceptions contained in subdivision (d)(1), and the limitations are severable.
(e) When any child is in violation of this section, the apprehending officer shall act in one (1) of the following ways: (1) In the case of a first violation, and if in the opinion of the officer the action would be effective, take the child to the child's home and warn and counsel the parents or guardians; (2) Take the minor into custody and transport the minor to a designated curfew center; (3) Issue a summons to the child or parents or guardians to appear at the juvenile court; or (4) Bring the child into the custody of the juvenile court for disposition.
(1) In the case of a first violation, and if in the opinion of the officer the action would be effective, take the child to the child's home and warn and counsel the parents or guardians;
(2) Take the minor into custody and transport the minor to a designated curfew center;
(3) Issue a summons to the child or parents or guardians to appear at the juvenile court; or
(4) Bring the child into the custody of the juvenile court for disposition.
(f) (1) A minor violating this section shall commit an unruly act disposition of which shall be governed pursuant to title 37. (2) Any parent, guardian, or other person having the care, custody and control of a minor violating this section commits a Class C misdemeanor and shall be fined no more than fifty dollars ($50.00) for each offense. Each violation of this section shall constitute a separate offense.
(1) A minor violating this section shall commit an unruly act disposition of which shall be governed pursuant to title 37.
(2) Any parent, guardian, or other person having the care, custody and control of a minor violating this section commits a Class C misdemeanor and shall be fined no more than fifty dollars ($50.00) for each offense. Each violation of this section shall constitute a separate offense.
Amended by 2015 Tenn. Acts, ch. 319,Secs.s1, s2 eff. 4/28/2015.
Acts 1995, ch. 314, § 2.
Tenn. Code Ann. § 39-14-508 — TN Code / Title 39 / Chapter 14 / Section 39-14-508
County legislative resolutions for litter control - Regulations - Litter removal by property owners - Publication of resolution - Construction with other laws
Status: in_force

(a) (1) County legislative bodies may, by resolution, impose regulations for litter control, including the placing, dropping, throwing, collection and storage of garbage, litter, refuse and rubbish on public or private property. The definitions of commercial purposes, garbage, litter, refuse, and rubbish found in § 39-14-501 may be included by reference in the resolution. The county legislative body is authorized to include in the resolution that a violation occurs if a person: (A) Knowingly places, drops or throws litter on any public or private property without permission and does not immediately remove it; or (B) Negligently places or throws glass, litter or other dangerous substances on or adjacent to water to which the public has access for swimming or wading, or on or within fifty feet (50') of a public highway. (2) The regulations in subdivision (a)(1) shall be at least as stringent as this part. (b) (1) The regulations promulgated in accordance with subsection (a) may grant authority for the county to require property owners to conform their property to the regulations by removal of garbage, litter, refuse or rubbish. The county shall send a statement to the owner itemizing the cost of the removal. If the owner fails to reimburse the county for the cost of the removal within sixty (60) days, the statement shall constitute a lien upon the property. The statement shall constitute a lien upon the property as of the date the notice is filed and shall have priority from the date of the filing of notice, but shall not affect, or have priority over, any valid lien, right, or interest in the property duly recorded, or duly perfected by filing, prior to the filing of the notice and shall not have priority over any real estate tax liens, whether attaching on the property before or after the filing of the notice. (2) If the property owner is aggrieved by the amount of the lien filed, the owner may submit the matter to the chancery court of the county in which the property is located to determine the appropriate amount of the lien. A decision of that court may be appealed according to the Tennessee Rules of Appellate Procedure. (3) The lien provided in this subsection (b) shall be entered in the records of the register of deeds of the county in which the property lies. The lien shall be satisfied to the extent of the value of the consideration received at the time of the transfer of ownership, and if the lien is not fully satisfied at the time of transfer, it shall remain a lien upon the property until it is fully satisfied. (c) Each resolution adopted in accordance with subsection (a), or the caption and a complete summary of the resolution, shall be published after its final passage in a newspaper of general circulation in the county. No such resolution shall take effect until the publication. (d) Any violation of the provisions of or regulations adopted pursuant to subsection (a) shall be punished by imposing a monetary penalty in accordance with § 5-1-121 . (e) This section shall not be construed as applying to any activity regulated pursuant to title 68, chapters 211 or 212 or title 69, chapter 3. Acts 2007, ch. 595, § 1.
(a) (1) County legislative bodies may, by resolution, impose regulations for litter control, including the placing, dropping, throwing, collection and storage of garbage, litter, refuse and rubbish on public or private property. The definitions of commercial purposes, garbage, litter, refuse, and rubbish found in § 39-14-501 may be included by reference in the resolution. The county legislative body is authorized to include in the resolution that a violation occurs if a person: (A) Knowingly places, drops or throws litter on any public or private property without permission and does not immediately remove it; or (B) Negligently places or throws glass, litter or other dangerous substances on or adjacent to water to which the public has access for swimming or wading, or on or within fifty feet (50') of a public highway. (2) The regulations in subdivision (a)(1) shall be at least as stringent as this part.
(1) County legislative bodies may, by resolution, impose regulations for litter control, including the placing, dropping, throwing, collection and storage of garbage, litter, refuse and rubbish on public or private property. The definitions of commercial purposes, garbage, litter, refuse, and rubbish found in § 39-14-501 may be included by reference in the resolution. The county legislative body is authorized to include in the resolution that a violation occurs if a person: (A) Knowingly places, drops or throws litter on any public or private property without permission and does not immediately remove it; or (B) Negligently places or throws glass, litter or other dangerous substances on or adjacent to water to which the public has access for swimming or wading, or on or within fifty feet (50') of a public highway.
(A) Knowingly places, drops or throws litter on any public or private property without permission and does not immediately remove it; or
(B) Negligently places or throws glass, litter or other dangerous substances on or adjacent to water to which the public has access for swimming or wading, or on or within fifty feet (50') of a public highway.
(2) The regulations in subdivision (a)(1) shall be at least as stringent as this part.
(b) (1) The regulations promulgated in accordance with subsection (a) may grant authority for the county to require property owners to conform their property to the regulations by removal of garbage, litter, refuse or rubbish. The county shall send a statement to the owner itemizing the cost of the removal. If the owner fails to reimburse the county for the cost of the removal within sixty (60) days, the statement shall constitute a lien upon the property. The statement shall constitute a lien upon the property as of the date the notice is filed and shall have priority from the date of the filing of notice, but shall not affect, or have priority over, any valid lien, right, or interest in the property duly recorded, or duly perfected by filing, prior to the filing of the notice and shall not have priority over any real estate tax liens, whether attaching on the property before or after the filing of the notice. (2) If the property owner is aggrieved by the amount of the lien filed, the owner may submit the matter to the chancery court of the county in which the property is located to determine the appropriate amount of the lien. A decision of that court may be appealed according to the Tennessee Rules of Appellate Procedure. (3) The lien provided in this subsection (b) shall be entered in the records of the register of deeds of the county in which the property lies. The lien shall be satisfied to the extent of the value of the consideration received at the time of the transfer of ownership, and if the lien is not fully satisfied at the time of transfer, it shall remain a lien upon the property until it is fully satisfied.
(1) The regulations promulgated in accordance with subsection (a) may grant authority for the county to require property owners to conform their property to the regulations by removal of garbage, litter, refuse or rubbish. The county shall send a statement to the owner itemizing the cost of the removal. If the owner fails to reimburse the county for the cost of the removal within sixty (60) days, the statement shall constitute a lien upon the property. The statement shall constitute a lien upon the property as of the date the notice is filed and shall have priority from the date of the filing of notice, but shall not affect, or have priority over, any valid lien, right, or interest in the property duly recorded, or duly perfected by filing, prior to the filing of the notice and shall not have priority over any real estate tax liens, whether attaching on the property before or after the filing of the notice.
(2) If the property owner is aggrieved by the amount of the lien filed, the owner may submit the matter to the chancery court of the county in which the property is located to determine the appropriate amount of the lien. A decision of that court may be appealed according to the Tennessee Rules of Appellate Procedure.
(3) The lien provided in this subsection (b) shall be entered in the records of the register of deeds of the county in which the property lies. The lien shall be satisfied to the extent of the value of the consideration received at the time of the transfer of ownership, and if the lien is not fully satisfied at the time of transfer, it shall remain a lien upon the property until it is fully satisfied.
(c) Each resolution adopted in accordance with subsection (a), or the caption and a complete summary of the resolution, shall be published after its final passage in a newspaper of general circulation in the county. No such resolution shall take effect until the publication.
(d) Any violation of the provisions of or regulations adopted pursuant to subsection (a) shall be punished by imposing a monetary penalty in accordance with § 5-1-121 .
(e) This section shall not be construed as applying to any activity regulated pursuant to title 68, chapters 211 or 212 or title 69, chapter 3.
Acts 2007, ch. 595, § 1.
Tenn. Code Ann. § 39-11-110 — TN Code / Title 39 / Chapter 11 / Section 39-11-110
Felonies and misdemeanors distinguished
Status: in_force

All violations of law that may be punished by one (1) year or more of confinement or by the infliction of the death penalty are denominated felonies, and all violations of law punishable by fine or confinement for less than one (1) year, or both, are denominated misdemeanors. Acts 1989, ch. 591, § 1.
All violations of law that may be punished by one (1) year or more of confinement or by the infliction of the death penalty are denominated felonies, and all violations of law punishable by fine or confinement for less than one (1) year, or both, are denominated misdemeanors.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-316 — TN Code / Title 39 / Chapter 17 / Section 39-17-316
Noise control at sport shooting ranges
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Local unit of government" means a county, municipality, metropolitan government, or other entity of local government; (2) "Person" means an individual, proprietorship, partnership, corporation, club, or other legal entity; and (3) "Sport shooting range" or "range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or any other shooting activity. (b) (1) A person who operates or uses a sport shooting range is not subject to civil or criminal liability for noise or noise pollution, nuisance or any other claim not involving physical injury to another human, resulting from the operation or use of the sport shooting range as a sport shooting range if the sport shooting range is in compliance with any applicable noise control laws, resolutions, ordinances or regulations issued by a unit of local government, that applied to the range at the time that the range began operation. (2) A person or entity that operates or uses a sport shooting range is not subject to an action for nuisance, abatement, or any other type of action or proceeding which would have the effect of limiting, reducing, eliminating or enjoining the use or operation of the sport shooting range as a sport shooting range if the sport shooting range is in compliance with any applicable noise control laws, resolutions, ordinances or regulations issued by a unit of local government, that applied to the range and its operation at the time that the range began operation. (3) A person who subsequently acquires title to or who owns real property adversely affected by the use of property with a sport shooting range shall not maintain any action against the owner of the range to restrain, enjoin, or impede the use of the range except to the extent allowed by this section. (4) Rules or regulations adopted by any state department or agency for limiting levels of noise in terms of decibel level that may occur in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this section. (5) Notwithstanding any other law to the contrary, nothing in this section shall be construed to limit civil liability for compensatory damage arising from physical injury to another human, physical injury to tangible personal property, or physical injury to fixtures or structures placed on real property. (c) To the extent that any sport shooting range has been issued permission, whether by special exception, variance, or otherwise, by any entity having zoning or zoning appeal authority to operate as a range, the right to operate as a range shall not be amended, restricted, or terminated due to a change of circumstances regarding the use of adjacent or surrounding properties. Further, with respect to any sport shooting range that is open to the public and was in continuous operation for at least thirty (30) years immediately preceding December 16, 2008, the right to operate as a shooting range shall not be amended, restricted or terminated due to any land use planning or zoning applicable to the shooting range's location if: (1) The shooting positions operate no closer than: (A) One hundred fifty feet (150') from any adjoining boundary line or county road that extends from the southeast corner to the southwest corner; (B) One hundred eighty feet (180') from any adjoining boundary line that extends from the southwest corner to the northwest corner; (C) One hundred eighty feet (180') from any adjoining boundary line that extends from the northwest corner to the northeast corner; (D) One hundred eighty feet (180') from any adjoining boundary line or county road that extends from the northeast corner to the southeast corner; and (E) One hundred eighty feet (180') from any adjoining residential property boundary line, notwithstanding subdivisions (c)(1)(A)-(D); and (2) Any vegetation between the appropriate distance requirement described in subdivision (c)(1) and the adjoining boundary line or county road remains undisturbed. (d) With respect to any range that is open to the public and that begins operation after July 1, 2004, and for which there are no local zoning resolutions, ordinances or regulations affecting its establishment as a sport shooting range as of the date it began operation, the range shall not be protected by the exemptions from nuisance actions contained herein until one (1) year after the date the sport shooting range begins operation. Acts 1995, ch. 308, §§ 1, 2; 2004, ch. 694, § 1; 2009, ch. 227, § 1.
(a) As used in this section, unless the context otherwise requires: (1) "Local unit of government" means a county, municipality, metropolitan government, or other entity of local government; (2) "Person" means an individual, proprietorship, partnership, corporation, club, or other legal entity; and (3) "Sport shooting range" or "range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or any other shooting activity.
(1) "Local unit of government" means a county, municipality, metropolitan government, or other entity of local government;
(2) "Person" means an individual, proprietorship, partnership, corporation, club, or other legal entity; and
(3) "Sport shooting range" or "range" means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or any other shooting activity.
(b) (1) A person who operates or uses a sport shooting range is not subject to civil or criminal liability for noise or noise pollution, nuisance or any other claim not involving physical injury to another human, resulting from the operation or use of the sport shooting range as a sport shooting range if the sport shooting range is in compliance with any applicable noise control laws, resolutions, ordinances or regulations issued by a unit of local government, that applied to the range at the time that the range began operation. (2) A person or entity that operates or uses a sport shooting range is not subject to an action for nuisance, abatement, or any other type of action or proceeding which would have the effect of limiting, reducing, eliminating or enjoining the use or operation of the sport shooting range as a sport shooting range if the sport shooting range is in compliance with any applicable noise control laws, resolutions, ordinances or regulations issued by a unit of local government, that applied to the range and its operation at the time that the range began operation. (3) A person who subsequently acquires title to or who owns real property adversely affected by the use of property with a sport shooting range shall not maintain any action against the owner of the range to restrain, enjoin, or impede the use of the range except to the extent allowed by this section. (4) Rules or regulations adopted by any state department or agency for limiting levels of noise in terms of decibel level that may occur in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this section. (5) Notwithstanding any other law to the contrary, nothing in this section shall be construed to limit civil liability for compensatory damage arising from physical injury to another human, physical injury to tangible personal property, or physical injury to fixtures or structures placed on real property.
(1) A person who operates or uses a sport shooting range is not subject to civil or criminal liability for noise or noise pollution, nuisance or any other claim not involving physical injury to another human, resulting from the operation or use of the sport shooting range as a sport shooting range if the sport shooting range is in compliance with any applicable noise control laws, resolutions, ordinances or regulations issued by a unit of local government, that applied to the range at the time that the range began operation.
(2) A person or entity that operates or uses a sport shooting range is not subject to an action for nuisance, abatement, or any other type of action or proceeding which would have the effect of limiting, reducing, eliminating or enjoining the use or operation of the sport shooting range as a sport shooting range if the sport shooting range is in compliance with any applicable noise control laws, resolutions, ordinances or regulations issued by a unit of local government, that applied to the range and its operation at the time that the range began operation.
(3) A person who subsequently acquires title to or who owns real property adversely affected by the use of property with a sport shooting range shall not maintain any action against the owner of the range to restrain, enjoin, or impede the use of the range except to the extent allowed by this section.
(4) Rules or regulations adopted by any state department or agency for limiting levels of noise in terms of decibel level that may occur in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this section.
(5) Notwithstanding any other law to the contrary, nothing in this section shall be construed to limit civil liability for compensatory damage arising from physical injury to another human, physical injury to tangible personal property, or physical injury to fixtures or structures placed on real property.
(c) To the extent that any sport shooting range has been issued permission, whether by special exception, variance, or otherwise, by any entity having zoning or zoning appeal authority to operate as a range, the right to operate as a range shall not be amended, restricted, or terminated due to a change of circumstances regarding the use of adjacent or surrounding properties. Further, with respect to any sport shooting range that is open to the public and was in continuous operation for at least thirty (30) years immediately preceding December 16, 2008, the right to operate as a shooting range shall not be amended, restricted or terminated due to any land use planning or zoning applicable to the shooting range's location if: (1) The shooting positions operate no closer than: (A) One hundred fifty feet (150') from any adjoining boundary line or county road that extends from the southeast corner to the southwest corner; (B) One hundred eighty feet (180') from any adjoining boundary line that extends from the southwest corner to the northwest corner; (C) One hundred eighty feet (180') from any adjoining boundary line that extends from the northwest corner to the northeast corner; (D) One hundred eighty feet (180') from any adjoining boundary line or county road that extends from the northeast corner to the southeast corner; and (E) One hundred eighty feet (180') from any adjoining residential property boundary line, notwithstanding subdivisions (c)(1)(A)-(D); and (2) Any vegetation between the appropriate distance requirement described in subdivision (c)(1) and the adjoining boundary line or county road remains undisturbed.
(1) The shooting positions operate no closer than: (A) One hundred fifty feet (150') from any adjoining boundary line or county road that extends from the southeast corner to the southwest corner; (B) One hundred eighty feet (180') from any adjoining boundary line that extends from the southwest corner to the northwest corner; (C) One hundred eighty feet (180') from any adjoining boundary line that extends from the northwest corner to the northeast corner; (D) One hundred eighty feet (180') from any adjoining boundary line or county road that extends from the northeast corner to the southeast corner; and (E) One hundred eighty feet (180') from any adjoining residential property boundary line, notwithstanding subdivisions (c)(1)(A)-(D); and
(A) One hundred fifty feet (150') from any adjoining boundary line or county road that extends from the southeast corner to the southwest corner;
(B) One hundred eighty feet (180') from any adjoining boundary line that extends from the southwest corner to the northwest corner;
(C) One hundred eighty feet (180') from any adjoining boundary line that extends from the northwest corner to the northeast corner;
(D) One hundred eighty feet (180') from any adjoining boundary line or county road that extends from the northeast corner to the southeast corner; and
(E) One hundred eighty feet (180') from any adjoining residential property boundary line, notwithstanding subdivisions (c)(1)(A)-(D); and
(2) Any vegetation between the appropriate distance requirement described in subdivision (c)(1) and the adjoining boundary line or county road remains undisturbed.
(d) With respect to any range that is open to the public and that begins operation after July 1, 2004, and for which there are no local zoning resolutions, ordinances or regulations affecting its establishment as a sport shooting range as of the date it began operation, the range shall not be protected by the exemptions from nuisance actions contained herein until one (1) year after the date the sport shooting range begins operation.
Acts 1995, ch. 308, §§ 1, 2; 2004, ch. 694, § 1; 2009, ch. 227, § 1.
Tenn. Code Ann. § 39-17-903 — TN Code / Title 39 / Chapter 17 / Section 39-17-903
Seizure of obscene materials - Warrant - Disposition of seized materials
Status: in_force

(a) Upon a showing of probable cause that the obscenity laws of this state are being violated, any judge or magistrate shall be empowered to issue a search warrant in accordance with the general law pertaining to searches and seizures in this state. The warrant shall authorize or designate a law enforcement officer to enter upon the premises where alleged violations of the obscenity laws are being carried on and take into custody one (1) example of each piece of matter which is obscene. Return on the search shall be in the manner prescribed generally for searches and seizures in this state, except that matter that is seized shall be retained by the district attorney general to be used as evidence in any legal proceeding in which the matter is in issue or involved. (b) When a search and seizure takes place in accordance with this section, any person aggrieved by the search and seizure, or claiming ownership of the matter seized, may file a motion in writing with the court of record in the jurisdiction in which the search and seizure took place, contesting the legality of the search and seizure or the fact of the obscenity of the matter seized. The court shall set a hearing within one (1) day after the request therefor, or at such time as the requesting party might agree. In the event the court finds that the search and seizure was illegal or if the court or any other court of competent jurisdiction shall determine that the matter is not obscene, the matter shall be forthwith returned to the person and to the place from which it was taken. Acts 1989, ch. 591, § 1.
(a) Upon a showing of probable cause that the obscenity laws of this state are being violated, any judge or magistrate shall be empowered to issue a search warrant in accordance with the general law pertaining to searches and seizures in this state. The warrant shall authorize or designate a law enforcement officer to enter upon the premises where alleged violations of the obscenity laws are being carried on and take into custody one (1) example of each piece of matter which is obscene. Return on the search shall be in the manner prescribed generally for searches and seizures in this state, except that matter that is seized shall be retained by the district attorney general to be used as evidence in any legal proceeding in which the matter is in issue or involved.
(b) When a search and seizure takes place in accordance with this section, any person aggrieved by the search and seizure, or claiming ownership of the matter seized, may file a motion in writing with the court of record in the jurisdiction in which the search and seizure took place, contesting the legality of the search and seizure or the fact of the obscenity of the matter seized. The court shall set a hearing within one (1) day after the request therefor, or at such time as the requesting party might agree. In the event the court finds that the search and seizure was illegal or if the court or any other court of competent jurisdiction shall determine that the matter is not obscene, the matter shall be forthwith returned to the person and to the place from which it was taken.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-311 — TN Code / Title 39 / Chapter 17 / Section 39-17-311
Desecration of venerated object
Status: in_force

(a) A person commits an offense who intentionally, knowingly, or recklessly desecrates: (1) A place of worship or burial; or (2) A state or national flag. (b) (1) A violation of subdivision (a)(1) is a Class E felony. (2) A violation of subdivision (a)(2) is a Class A misdemeanor. Amended by 2023 Tenn. Acts, ch. 242, s 1, eff. 7/1/2023. Amended by 2017 Tenn. Acts, ch. 432, s 1, eff. 7/1/2017. Acts 1989, ch. 591, § 1.
(a) A person commits an offense who intentionally, knowingly, or recklessly desecrates: (1) A place of worship or burial; or (2) A state or national flag.
(1) A place of worship or burial; or
(2) A state or national flag.
(b) (1) A violation of subdivision (a)(1) is a Class E felony. (2) A violation of subdivision (a)(2) is a Class A misdemeanor.
(1) A violation of subdivision (a)(1) is a Class E felony.
(2) A violation of subdivision (a)(2) is a Class A misdemeanor.
Amended by 2023 Tenn. Acts, ch. 242, s 1, eff. 7/1/2023.
Amended by 2017 Tenn. Acts, ch. 432, s 1, eff. 7/1/2017.
Acts 1989, ch. 591, § 1.