Tenn. Code Ann. § 39-13-114 — TN Code / Title 39 / Chapter 13 / Section 39-13-114
Communicating a threat concerning a school employee or student
Status: in_force

(a) For purposes of this section: (1) "School" means: (A) An elementary school, middle school, or high school; (B) A college of applied technology or postsecondary vocational or technical school; or (C) A two-year or four-year college or university; and (2) "School property" means any school building or bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by any local education agency, private school board of trustees, or directors for the administration of any school. (b) A person commits the offense of communicating a threat concerning a school employee or student if: (1) The person communicates to another a threat to cause the death of or serious bodily injury: (A) To a school employee and the threat is directly related to the employee's scope of employment; or (B) To a student on school property or at a school-related activity; (2) The threat involves the use of a firearm or other deadly weapon; (3) The person to whom the threat is made reasonably believes that the person making the threat intends to carry out the threat; and (4) The person making the threat intentionally engages in conduct that constitutes a substantial step in the commission of the threatened act and the threatened act and the substantial step when taken together: (A) Are corroborative of the person's intent to commit the threatened act; and (B) Occur close enough in time to evidence an intent and ability to commit the threatened act. (c) Communicating a death threat concerning a school employee or student is a Class B misdemeanor punishable by a maximum term of imprisonment of thirty (30) days. Amended by 2024 Tenn. Acts, ch. 903,s 1, eff. 7/1/2024. Amended by 2013 Tenn. Acts, ch. 473, s 10, eff. 7/1/2013. Acts 2008 , ch. 1141, § 1.
(a) For purposes of this section: (1) "School" means: (A) An elementary school, middle school, or high school; (B) A college of applied technology or postsecondary vocational or technical school; or (C) A two-year or four-year college or university; and (2) "School property" means any school building or bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by any local education agency, private school board of trustees, or directors for the administration of any school.
(1) "School" means: (A) An elementary school, middle school, or high school; (B) A college of applied technology or postsecondary vocational or technical school; or (C) A two-year or four-year college or university; and
(A) An elementary school, middle school, or high school;
(B) A college of applied technology or postsecondary vocational or technical school; or
(C) A two-year or four-year college or university; and
(2) "School property" means any school building or bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by any local education agency, private school board of trustees, or directors for the administration of any school.
(b) A person commits the offense of communicating a threat concerning a school employee or student if: (1) The person communicates to another a threat to cause the death of or serious bodily injury: (A) To a school employee and the threat is directly related to the employee's scope of employment; or (B) To a student on school property or at a school-related activity; (2) The threat involves the use of a firearm or other deadly weapon; (3) The person to whom the threat is made reasonably believes that the person making the threat intends to carry out the threat; and (4) The person making the threat intentionally engages in conduct that constitutes a substantial step in the commission of the threatened act and the threatened act and the substantial step when taken together: (A) Are corroborative of the person's intent to commit the threatened act; and (B) Occur close enough in time to evidence an intent and ability to commit the threatened act.
(1) The person communicates to another a threat to cause the death of or serious bodily injury: (A) To a school employee and the threat is directly related to the employee's scope of employment; or (B) To a student on school property or at a school-related activity;
(A) To a school employee and the threat is directly related to the employee's scope of employment; or
(B) To a student on school property or at a school-related activity;
(2) The threat involves the use of a firearm or other deadly weapon;
(3) The person to whom the threat is made reasonably believes that the person making the threat intends to carry out the threat; and
(4) The person making the threat intentionally engages in conduct that constitutes a substantial step in the commission of the threatened act and the threatened act and the substantial step when taken together: (A) Are corroborative of the person's intent to commit the threatened act; and (B) Occur close enough in time to evidence an intent and ability to commit the threatened act.
(A) Are corroborative of the person's intent to commit the threatened act; and
(B) Occur close enough in time to evidence an intent and ability to commit the threatened act.
(c) Communicating a death threat concerning a school employee or student is a Class B misdemeanor punishable by a maximum term of imprisonment of thirty (30) days.
Amended by 2024 Tenn. Acts, ch. 903,s 1, eff. 7/1/2024.
Amended by 2013 Tenn. Acts, ch. 473, s 10, eff. 7/1/2013.
Acts 2008 , ch. 1141, § 1.
Tenn. Code Ann. § 39-11-714 — TN Code / Title 39 / Chapter 11 / Section 39-11-714
Assistance by other agencies
Status: in_force

The attorney general may authorize any governmental department or agency of this state, any political subdivision of the state, or any other state or federal government to participate in the investigation into the conduct giving rise to forfeiture under this part. The grand jury may provide any records, documents, or evidence received by subpoena to the district attorney general for the enforcement of this part. Acts 1998, ch. 979, § 14.
The attorney general may authorize any governmental department or agency of this state, any political subdivision of the state, or any other state or federal government to participate in the investigation into the conduct giving rise to forfeiture under this part. The grand jury may provide any records, documents, or evidence received by subpoena to the district attorney general for the enforcement of this part.
Acts 1998, ch. 979, § 14.
Tenn. Code Ann. § 39-16-407 — TN Code / Title 39 / Chapter 16 / Section 39-16-407
Misrepresenting information to state auditor
Status: in_force

(a) A public servant commits an offense who, with intent to deceive, knowingly misrepresents material information related to an audit conducted by an auditor in the department of audit. (b) A violation of this section is a Class C misdemeanor. Acts 2005, ch. 135, § 1.
(a) A public servant commits an offense who, with intent to deceive, knowingly misrepresents material information related to an audit conducted by an auditor in the department of audit.
(b) A violation of this section is a Class C misdemeanor.
Acts 2005, ch. 135, § 1.
Tenn. Code Ann. § 39-17-455 — TN Code / Title 39 / Chapter 17 / Section 39-17-455
Manufacture of marijuana concentrate by process which includes use of inherently hazardous substance - Use of premises
Status: in_force

(a) As used in this section: (1) "Inherently hazardous substance" means any liquid chemical, compressed gas, or commercial product that has a flash point at or lower than thirty-eight degrees Celsius (38° C) or one hundred degrees Fahrenheit (100° F), including butane, propane, and diethyl ether; and (2) "Inherently hazardous substance" does not include all forms of alcohol and ethanol. (b) It is an offense for a person to knowingly manufacture marijuana concentrate by a process which includes use of an inherently hazardous substance. (c) It is an offense for any person who owns, manages, operates, or otherwise controls the use of any premises to knowingly allow marijuana concentrate to be manufactured on the premises by a process which includes use of an inherently hazardous substance. (d) (1) A violation of subsection (b) is a Class E felony. (2) A violation of subsection (c) is a Class A misdemeanor. Added by 2016 Tenn. Acts, ch. 1014,s 1, eff. 7/1/2016.
(a) As used in this section: (1) "Inherently hazardous substance" means any liquid chemical, compressed gas, or commercial product that has a flash point at or lower than thirty-eight degrees Celsius (38° C) or one hundred degrees Fahrenheit (100° F), including butane, propane, and diethyl ether; and (2) "Inherently hazardous substance" does not include all forms of alcohol and ethanol.
(1) "Inherently hazardous substance" means any liquid chemical, compressed gas, or commercial product that has a flash point at or lower than thirty-eight degrees Celsius (38° C) or one hundred degrees Fahrenheit (100° F), including butane, propane, and diethyl ether; and
(2) "Inherently hazardous substance" does not include all forms of alcohol and ethanol.
(b) It is an offense for a person to knowingly manufacture marijuana concentrate by a process which includes use of an inherently hazardous substance.
(c) It is an offense for any person who owns, manages, operates, or otherwise controls the use of any premises to knowingly allow marijuana concentrate to be manufactured on the premises by a process which includes use of an inherently hazardous substance.
(d) (1) A violation of subsection (b) is a Class E felony. (2) A violation of subsection (c) is a Class A misdemeanor.
(1) A violation of subsection (b) is a Class E felony.
(2) A violation of subsection (c) is a Class A misdemeanor.
Added by 2016 Tenn. Acts, ch. 1014,s 1, eff. 7/1/2016.
Tenn. Code Ann. § 39-17-439 — TN Code / Title 39 / Chapter 17 / Section 39-17-439
Alcohol and drug addiction treatment fee
Status: in_force

(a) In addition to all other fines, fees, costs and punishments now prescribed by law, an alcohol and drug addiction treatment fee of one hundred dollars ($100) shall be assessed for each conviction for a violation under this part. (b) All proceeds collected pursuant to subsection (a) shall be transmitted to the commissioner of mental health and substance abuse services for deposit in the alcohol and drug addiction treatment fund administered by the department. (c) (1) All state funding to implement § 40-35-303(d)(11) shall be paid only from the alcohol and drug addiction treatment fund. (2) Funds expended pursuant to § 40-35-303(d)(11) shall not exceed the funds generated by this section, and, if necessary, treatment offered pursuant to § 40-35-303(d)(11) shall not be available if the treatment would result in expenditures in excess of the amount so generated. Acts 2007, ch. 311, § 2; 2009, ch. 186, § 4; 2010, ch. 1100, § 65; 2012, ch. 575, § 2.
(a) In addition to all other fines, fees, costs and punishments now prescribed by law, an alcohol and drug addiction treatment fee of one hundred dollars ($100) shall be assessed for each conviction for a violation under this part.
(b) All proceeds collected pursuant to subsection (a) shall be transmitted to the commissioner of mental health and substance abuse services for deposit in the alcohol and drug addiction treatment fund administered by the department.
(c) (1) All state funding to implement § 40-35-303(d)(11) shall be paid only from the alcohol and drug addiction treatment fund. (2) Funds expended pursuant to § 40-35-303(d)(11) shall not exceed the funds generated by this section, and, if necessary, treatment offered pursuant to § 40-35-303(d)(11) shall not be available if the treatment would result in expenditures in excess of the amount so generated.
(1) All state funding to implement § 40-35-303(d)(11) shall be paid only from the alcohol and drug addiction treatment fund.
(2) Funds expended pursuant to § 40-35-303(d)(11) shall not exceed the funds generated by this section, and, if necessary, treatment offered pursuant to § 40-35-303(d)(11) shall not be available if the treatment would result in expenditures in excess of the amount so generated.
Acts 2007, ch. 311, § 2; 2009, ch. 186, § 4; 2010, ch. 1100, § 65; 2012, ch. 575, § 2.
Tenn. Code Ann. § 39-14-702 — TN Code / Title 39 / Chapter 14 / Section 39-14-702
Possession of explosive components
Status: in_force

(a) A person commits an offense who unlawfully possesses any component part of an explosive including, but not limited to, a fuse cap, detonator or wiring, with the intent to produce or manufacture an explosive device. (b) A violation of this section is a Class A misdemeanor. (c) This section shall not apply to a component part of an explosive solely intended to be used in creating an exploding target for use in lawful sporting activity, when the part is possessed by a person eighteen (18) years of age or older. Amended by 2015 Tenn. Acts, ch. 397,s 2, eff. 5/8/2015. Acts 1989, ch. 591, § 1.
(a) A person commits an offense who unlawfully possesses any component part of an explosive including, but not limited to, a fuse cap, detonator or wiring, with the intent to produce or manufacture an explosive device.
(b) A violation of this section is a Class A misdemeanor.
(c) This section shall not apply to a component part of an explosive solely intended to be used in creating an exploding target for use in lawful sporting activity, when the part is possessed by a person eighteen (18) years of age or older.
Amended by 2015 Tenn. Acts, ch. 397,s 2, eff. 5/8/2015.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-1306 — TN Code / Title 39 / Chapter 17 / Section 39-17-1306
Carrying weapons during judicial proceedings
Status: in_force

(a) No person shall intentionally, knowingly, or recklessly carry on or about the person while inside any building in which judicial proceedings are in progress any weapon prohibited by § 39-17-1302(a) , for the purpose of going armed; provided, that if the weapon carried is a firearm, the person is in violation of this section regardless of whether the weapon is carried for the purpose of going armed. (b) Any person violating subsection (a) commits a Class E felony. (c) Subsection (a) shall not apply to any person who: (1) Is in the actual discharge of official duties as a law enforcement officer, or is employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard in the line of duty and pursuant to military regulations, or is in the actual discharge of official duties as a guard employed by a penal institution, or as a bailiff, marshal or other court officer who has responsibility for protecting persons or property or providing security; (2) Has been directed by a court to bring the firearm for purposes of providing evidence; (3) Is in the actual discharge of official duties as a judge, and: (A) Is authorized to carry a handgun pursuant to § 39-17-1351 ; (B) Keeps the handgun concealed at all times when in the discharge of such duties; and (C) Is vested with judicial powers under § 16-1-101 ; (4) Is in the actual discharge of official duties as an elected official of any county or municipality, and: (A) Is authorized to carry a handgun pursuant to § 39-17-1351 ; and (B) Is not in the room in which judicial proceedings are in progress; or (5) Is in the actual discharge of official duties as the county attorney of any county in this state, and: (A) Is authorized to carry a handgun pursuant to § 39-17-1351 ; and (B) Is not in the room in which judicial proceedings are in progress. Amended by 2020 Tenn. Acts, ch. 681, Secs.s1, s2 eff. 7/1/2020. Amended by 2018 Tenn. Acts, ch. 880, s 1, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 467, s 5, eff. 7/1/2017. Amended by 2014 Tenn. Acts, ch. 663, s 1, eff. 4/14/2014. Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 5; 2000, ch. 988, § 2; 2011 , ch. 469, § 1.
(a) No person shall intentionally, knowingly, or recklessly carry on or about the person while inside any building in which judicial proceedings are in progress any weapon prohibited by § 39-17-1302(a) , for the purpose of going armed; provided, that if the weapon carried is a firearm, the person is in violation of this section regardless of whether the weapon is carried for the purpose of going armed.
(b) Any person violating subsection (a) commits a Class E felony.
(c) Subsection (a) shall not apply to any person who: (1) Is in the actual discharge of official duties as a law enforcement officer, or is employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard in the line of duty and pursuant to military regulations, or is in the actual discharge of official duties as a guard employed by a penal institution, or as a bailiff, marshal or other court officer who has responsibility for protecting persons or property or providing security; (2) Has been directed by a court to bring the firearm for purposes of providing evidence; (3) Is in the actual discharge of official duties as a judge, and: (A) Is authorized to carry a handgun pursuant to § 39-17-1351 ; (B) Keeps the handgun concealed at all times when in the discharge of such duties; and (C) Is vested with judicial powers under § 16-1-101 ; (4) Is in the actual discharge of official duties as an elected official of any county or municipality, and: (A) Is authorized to carry a handgun pursuant to § 39-17-1351 ; and (B) Is not in the room in which judicial proceedings are in progress; or (5) Is in the actual discharge of official duties as the county attorney of any county in this state, and: (A) Is authorized to carry a handgun pursuant to § 39-17-1351 ; and (B) Is not in the room in which judicial proceedings are in progress.
(1) Is in the actual discharge of official duties as a law enforcement officer, or is employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard in the line of duty and pursuant to military regulations, or is in the actual discharge of official duties as a guard employed by a penal institution, or as a bailiff, marshal or other court officer who has responsibility for protecting persons or property or providing security;
(2) Has been directed by a court to bring the firearm for purposes of providing evidence;
(3) Is in the actual discharge of official duties as a judge, and: (A) Is authorized to carry a handgun pursuant to § 39-17-1351 ; (B) Keeps the handgun concealed at all times when in the discharge of such duties; and (C) Is vested with judicial powers under § 16-1-101 ;
(A) Is authorized to carry a handgun pursuant to § 39-17-1351 ;
(B) Keeps the handgun concealed at all times when in the discharge of such duties; and
(C) Is vested with judicial powers under § 16-1-101 ;
(4) Is in the actual discharge of official duties as an elected official of any county or municipality, and: (A) Is authorized to carry a handgun pursuant to § 39-17-1351 ; and (B) Is not in the room in which judicial proceedings are in progress; or
(A) Is authorized to carry a handgun pursuant to § 39-17-1351 ; and
(B) Is not in the room in which judicial proceedings are in progress; or
(5) Is in the actual discharge of official duties as the county attorney of any county in this state, and: (A) Is authorized to carry a handgun pursuant to § 39-17-1351 ; and (B) Is not in the room in which judicial proceedings are in progress.
(A) Is authorized to carry a handgun pursuant to § 39-17-1351 ; and
(B) Is not in the room in which judicial proceedings are in progress.
Amended by 2020 Tenn. Acts, ch. 681, Secs.s1, s2 eff. 7/1/2020.
Amended by 2018 Tenn. Acts, ch. 880, s 1, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 467, s 5, eff. 7/1/2017.
Amended by 2014 Tenn. Acts, ch. 663, s 1, eff. 4/14/2014.
Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 5; 2000, ch. 988, § 2; 2011 , ch. 469, § 1.
Tenn. Code Ann. § 39-15-413 — TN Code / Title 39 / Chapter 15 / Section 39-15-413
Law enforcement efforts
Status: in_force

(a) (1) It is not a violation of § 39-15-404 , § 39-15-410 , §§ 39-17-401 - 39-17-427, § 39-17-602 , § 39-17-603 , §§ 39-17-901 - 39-17-908, § 39-17-911 , § 39-17-914 , § 39-17-918 , §§ 39-17-1003 - 39-17-1005, §§ 39-17-1501 - 39-17-1508, or any other offense providing a prohibition for use of or sales to a minor or person under twenty-one (21) years of age, for a law enforcement officer to use or send a person under twenty-one (21) years of age to purchase smoking material, smoking paraphernalia, any smokeless tobacco product, alcohol, or illegal drugs, or to send a minor to purchase a state lottery ticket or share or any other prohibited material, for the purpose of aiding in the enforcement of laws prohibiting sales to or use of minors or persons under twenty-one (21) years of age so long as the law enforcement officer has obtained the prior written approval of the minor's parent or legal guardian or the person under twenty-one (21) years of age if that person is not a minor. (2) It is not a violation of § 39-15-404 , § 39-15-410 , or §§ 39-17-1501 - 39-17-1508, or any other statute prohibiting the use, possession or sales of alcohol, beer, lottery tickets, tobacco products, smokeless tobacco or smoking material or paraphernalia to a minor or a person under twenty-one (21) years of age, for a merchant in the business of selling alcohol, beer, lottery tickets, tobacco products, smokeless tobacco or smoking material or paraphernalia, to use or send a minor, or in the case of alcohol, beer, tobacco products, smokeless tobacco, or smoking material or paraphernalia, a person under twenty-one (21) years of age, to purchase any such product for the purpose of aiding in the enforcement of laws and policies prohibiting sales by the merchant at the merchant's place of business and preventing sales of such products to or use by individuals under age from occurring. (b) Prior to using a minor to perform illegal or delinquent acts for the purposes of aiding in the enforcement of the laws of this state as permitted by this section, the law enforcement officer or merchant shall obtain the written approval of the minor's parent or legal guardian; provided, however, that the consent of the minor's parent or legal guardian shall not be required if the person used to make any such purchase is eighteen (18) years of age or older. (c) In order to use a minor, or in the case of alcohol, beer, tobacco products, smokeless tobacco, or smoking material or paraphernalia, a person under twenty-one (21) years of age, for any of the purposes permitted by this section, the requirements of this subsection (c) shall apply. (1) The minor or person under twenty-one (21) years of age shall not: (A) Purposely disguise the person's appearance so as to misrepresent the person's actual age; and (B) Make statements designed to trick, mislead, encourage or confuse the employee. (2) The minor or person under twenty-one (21) years of age shall: (A) Be photographed, both before and after the law enforcement or merchant-initiated use of the person, for the purpose of creating a record of the person's appearance during the time of the permitted use of the person; (B) Except only for those questions relating to the person's employment or purpose for engaging in the conduct, respond truthfully to all questions posed by the location employee, including, but not limited to, inquiries concerning the person's age; and (C) If identification is demanded by the location employee, produce only a valid state-issued card, which indicates the person's actual date of birth. (d) No prosecution for the violation of any statute prohibiting the sale of beer for off-premises consumption to a person under twenty-one (21) years of age shall be commenced, if the prosecution is based upon the use of a person under twenty-one (21) years of age, as authorized by this section, unless the person or the law enforcement officer supervising the person obtains the name of the permit holder and the employee of the permit holder from whom the beer was purchased or attempted to be purchased. All "stings" shall be conducted in accordance to state law in order to be valid. In addition, within ten (10) days of the date the action occurred, the law enforcement officer shall notify the permit holder in writing, either by mail or hand delivery, indicating: (1) That an action recently occurred in which a person under twenty-one (21) years of age was used to purchase or attempt to purchase beer for off-premises consumption; (2) The date and location of the action; (3) The name of the permit holder and the employee from whom the beer was purchased or attempted to be purchased; and (4) Whether the person was successful in making the purchase. Amended by 2020 Tenn. Acts, ch. 732, Secs.s 7, s 8 eff. 1/1/2021. Amended by 2020 Tenn. Acts, ch. 732, s 6, eff. 1/1/2021. Amended by 2013 Tenn. Acts, ch. 319, s 1, eff. 5/13/2013. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 27; 1990, ch. 1092, § 9; 1992, ch. 802, § 1; 1994, ch. 872, § 11; 2003 , ch. 198, §§ 1, 2; 2003 , ch. 297, §§ 9, 10; 2006, ch. 864, § 13; 2007 , ch. 73, § 1.
(a) (1) It is not a violation of § 39-15-404 , § 39-15-410 , §§ 39-17-401 - 39-17-427, § 39-17-602 , § 39-17-603 , §§ 39-17-901 - 39-17-908, § 39-17-911 , § 39-17-914 , § 39-17-918 , §§ 39-17-1003 - 39-17-1005, §§ 39-17-1501 - 39-17-1508, or any other offense providing a prohibition for use of or sales to a minor or person under twenty-one (21) years of age, for a law enforcement officer to use or send a person under twenty-one (21) years of age to purchase smoking material, smoking paraphernalia, any smokeless tobacco product, alcohol, or illegal drugs, or to send a minor to purchase a state lottery ticket or share or any other prohibited material, for the purpose of aiding in the enforcement of laws prohibiting sales to or use of minors or persons under twenty-one (21) years of age so long as the law enforcement officer has obtained the prior written approval of the minor's parent or legal guardian or the person under twenty-one (21) years of age if that person is not a minor. (2) It is not a violation of § 39-15-404 , § 39-15-410 , or §§ 39-17-1501 - 39-17-1508, or any other statute prohibiting the use, possession or sales of alcohol, beer, lottery tickets, tobacco products, smokeless tobacco or smoking material or paraphernalia to a minor or a person under twenty-one (21) years of age, for a merchant in the business of selling alcohol, beer, lottery tickets, tobacco products, smokeless tobacco or smoking material or paraphernalia, to use or send a minor, or in the case of alcohol, beer, tobacco products, smokeless tobacco, or smoking material or paraphernalia, a person under twenty-one (21) years of age, to purchase any such product for the purpose of aiding in the enforcement of laws and policies prohibiting sales by the merchant at the merchant's place of business and preventing sales of such products to or use by individuals under age from occurring.
(1) It is not a violation of § 39-15-404 , § 39-15-410 , §§ 39-17-401 - 39-17-427, § 39-17-602 , § 39-17-603 , §§ 39-17-901 - 39-17-908, § 39-17-911 , § 39-17-914 , § 39-17-918 , §§ 39-17-1003 - 39-17-1005, §§ 39-17-1501 - 39-17-1508, or any other offense providing a prohibition for use of or sales to a minor or person under twenty-one (21) years of age, for a law enforcement officer to use or send a person under twenty-one (21) years of age to purchase smoking material, smoking paraphernalia, any smokeless tobacco product, alcohol, or illegal drugs, or to send a minor to purchase a state lottery ticket or share or any other prohibited material, for the purpose of aiding in the enforcement of laws prohibiting sales to or use of minors or persons under twenty-one (21) years of age so long as the law enforcement officer has obtained the prior written approval of the minor's parent or legal guardian or the person under twenty-one (21) years of age if that person is not a minor.
(2) It is not a violation of § 39-15-404 , § 39-15-410 , or §§ 39-17-1501 - 39-17-1508, or any other statute prohibiting the use, possession or sales of alcohol, beer, lottery tickets, tobacco products, smokeless tobacco or smoking material or paraphernalia to a minor or a person under twenty-one (21) years of age, for a merchant in the business of selling alcohol, beer, lottery tickets, tobacco products, smokeless tobacco or smoking material or paraphernalia, to use or send a minor, or in the case of alcohol, beer, tobacco products, smokeless tobacco, or smoking material or paraphernalia, a person under twenty-one (21) years of age, to purchase any such product for the purpose of aiding in the enforcement of laws and policies prohibiting sales by the merchant at the merchant's place of business and preventing sales of such products to or use by individuals under age from occurring.
(b) Prior to using a minor to perform illegal or delinquent acts for the purposes of aiding in the enforcement of the laws of this state as permitted by this section, the law enforcement officer or merchant shall obtain the written approval of the minor's parent or legal guardian; provided, however, that the consent of the minor's parent or legal guardian shall not be required if the person used to make any such purchase is eighteen (18) years of age or older.
(c) In order to use a minor, or in the case of alcohol, beer, tobacco products, smokeless tobacco, or smoking material or paraphernalia, a person under twenty-one (21) years of age, for any of the purposes permitted by this section, the requirements of this subsection (c) shall apply. (1) The minor or person under twenty-one (21) years of age shall not: (A) Purposely disguise the person's appearance so as to misrepresent the person's actual age; and (B) Make statements designed to trick, mislead, encourage or confuse the employee. (2) The minor or person under twenty-one (21) years of age shall: (A) Be photographed, both before and after the law enforcement or merchant-initiated use of the person, for the purpose of creating a record of the person's appearance during the time of the permitted use of the person; (B) Except only for those questions relating to the person's employment or purpose for engaging in the conduct, respond truthfully to all questions posed by the location employee, including, but not limited to, inquiries concerning the person's age; and (C) If identification is demanded by the location employee, produce only a valid state-issued card, which indicates the person's actual date of birth.
(1) The minor or person under twenty-one (21) years of age shall not: (A) Purposely disguise the person's appearance so as to misrepresent the person's actual age; and (B) Make statements designed to trick, mislead, encourage or confuse the employee.
(A) Purposely disguise the person's appearance so as to misrepresent the person's actual age; and
(B) Make statements designed to trick, mislead, encourage or confuse the employee.
(2) The minor or person under twenty-one (21) years of age shall: (A) Be photographed, both before and after the law enforcement or merchant-initiated use of the person, for the purpose of creating a record of the person's appearance during the time of the permitted use of the person; (B) Except only for those questions relating to the person's employment or purpose for engaging in the conduct, respond truthfully to all questions posed by the location employee, including, but not limited to, inquiries concerning the person's age; and (C) If identification is demanded by the location employee, produce only a valid state-issued card, which indicates the person's actual date of birth.
(A) Be photographed, both before and after the law enforcement or merchant-initiated use of the person, for the purpose of creating a record of the person's appearance during the time of the permitted use of the person;
(B) Except only for those questions relating to the person's employment or purpose for engaging in the conduct, respond truthfully to all questions posed by the location employee, including, but not limited to, inquiries concerning the person's age; and
(C) If identification is demanded by the location employee, produce only a valid state-issued card, which indicates the person's actual date of birth.
(d) No prosecution for the violation of any statute prohibiting the sale of beer for off-premises consumption to a person under twenty-one (21) years of age shall be commenced, if the prosecution is based upon the use of a person under twenty-one (21) years of age, as authorized by this section, unless the person or the law enforcement officer supervising the person obtains the name of the permit holder and the employee of the permit holder from whom the beer was purchased or attempted to be purchased. All "stings" shall be conducted in accordance to state law in order to be valid. In addition, within ten (10) days of the date the action occurred, the law enforcement officer shall notify the permit holder in writing, either by mail or hand delivery, indicating: (1) That an action recently occurred in which a person under twenty-one (21) years of age was used to purchase or attempt to purchase beer for off-premises consumption; (2) The date and location of the action; (3) The name of the permit holder and the employee from whom the beer was purchased or attempted to be purchased; and (4) Whether the person was successful in making the purchase.
(1) That an action recently occurred in which a person under twenty-one (21) years of age was used to purchase or attempt to purchase beer for off-premises consumption;
(2) The date and location of the action;
(3) The name of the permit holder and the employee from whom the beer was purchased or attempted to be purchased; and
(4) Whether the person was successful in making the purchase.
Amended by 2020 Tenn. Acts, ch. 732, Secs.s 7, s 8 eff. 1/1/2021.
Amended by 2020 Tenn. Acts, ch. 732, s 6, eff. 1/1/2021.
Amended by 2013 Tenn. Acts, ch. 319, s 1, eff. 5/13/2013.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 27; 1990, ch. 1092, § 9; 1992, ch. 802, § 1; 1994, ch. 872, § 11; 2003 , ch. 198, §§ 1, 2; 2003 , ch. 297, §§ 9, 10; 2006, ch. 864, § 13; 2007 , ch. 73, § 1.
Tenn. Code Ann. § 39-17-405 — TN Code / Title 39 / Chapter 17 / Section 39-17-405
Criteria for Schedule I
Status: in_force

The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall place a substance in Schedule I upon finding that the substance has: (1) High potential for abuse; and (2) No accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision. Acts 1989, ch. 591, § 1; 2010, ch. 1100, § 65; 2012, ch. 575, § 2.
The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall place a substance in Schedule I upon finding that the substance has:
(1) High potential for abuse; and
(2) No accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
Acts 1989, ch. 591, § 1; 2010, ch. 1100, § 65; 2012, ch. 575, § 2.
Tenn. Code Ann. § 39-11-620 — TN Code / Title 39 / Chapter 11 / Section 39-11-620
Use of deadly force by a law enforcement officer
Status: in_force

(a) A law enforcement officer, after giving notice of the officer's identity as such, may use or threaten to use force that is reasonably necessary to accomplish the arrest of an individual suspected of a criminal act who resists or flees from the arrest. (b) Notwithstanding subsection (a), the officer may use deadly force to effect an arrest only if all other reasonable means of apprehension have been exhausted or are unavailable, and where feasible, the officer has given notice of the officer's identity as such and given a warning that deadly force may be used unless resistance or flight ceases, and: (1) The officer has probable cause to believe the individual to be arrested has committed a felony involving the infliction or threatened infliction of serious bodily injury or grave sexual abuse; or (2) The officer has probable cause to believe that the individual to be arrested poses a threat of serious bodily injury or grave sexual abuse, either to the officer or to others unless immediately apprehended. Amended by 2021 Tenn. Acts, ch. 83, s 8, eff. 4/7/2021. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 9.
(a) A law enforcement officer, after giving notice of the officer's identity as such, may use or threaten to use force that is reasonably necessary to accomplish the arrest of an individual suspected of a criminal act who resists or flees from the arrest.
(b) Notwithstanding subsection (a), the officer may use deadly force to effect an arrest only if all other reasonable means of apprehension have been exhausted or are unavailable, and where feasible, the officer has given notice of the officer's identity as such and given a warning that deadly force may be used unless resistance or flight ceases, and: (1) The officer has probable cause to believe the individual to be arrested has committed a felony involving the infliction or threatened infliction of serious bodily injury or grave sexual abuse; or (2) The officer has probable cause to believe that the individual to be arrested poses a threat of serious bodily injury or grave sexual abuse, either to the officer or to others unless immediately apprehended.
(1) The officer has probable cause to believe the individual to be arrested has committed a felony involving the infliction or threatened infliction of serious bodily injury or grave sexual abuse; or
(2) The officer has probable cause to believe that the individual to be arrested poses a threat of serious bodily injury or grave sexual abuse, either to the officer or to others unless immediately apprehended.
Amended by 2021 Tenn. Acts, ch. 83, s 8, eff. 4/7/2021.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 9.
Tenn. Code Ann. § 39-14-114 — TN Code / Title 39 / Chapter 14 / Section 39-14-114
Forgery
Status: in_force

(a) A person commits an offense who forges a writing with intent to defraud or harm another. (b) As used in this part, unless the context otherwise requires: (1) "Forge" means to: (A) Alter, make, complete, execute or authenticate any writing so that it purports to: (i) Be the act of another who did not authorize that act; (ii) Have been executed at a time or place or in a numbered sequence other than was in fact the case; or (iii) Be a copy of an original when no such original existed; (B) Make false entries in books or records; (C) Issue, transfer, register the transfer of, pass, publish, or otherwise utter a writing that is forged within the meaning of subdivision (b)(1)(A); or (D) Possess a writing that is forged within the meaning of subdivision (b)(1)(A) with intent to utter it in a manner specified in subdivision (b)(1)(C); and (2) "Writing" includes printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and symbols of value, right, privilege or identification. (c) An offense under this section is punishable as theft pursuant to § 39-14-105 , but in no event shall forgery be less than a Class E felony. Acts 1989, ch. 591, § 1.
(a) A person commits an offense who forges a writing with intent to defraud or harm another.
(b) As used in this part, unless the context otherwise requires: (1) "Forge" means to: (A) Alter, make, complete, execute or authenticate any writing so that it purports to: (i) Be the act of another who did not authorize that act; (ii) Have been executed at a time or place or in a numbered sequence other than was in fact the case; or (iii) Be a copy of an original when no such original existed; (B) Make false entries in books or records; (C) Issue, transfer, register the transfer of, pass, publish, or otherwise utter a writing that is forged within the meaning of subdivision (b)(1)(A); or (D) Possess a writing that is forged within the meaning of subdivision (b)(1)(A) with intent to utter it in a manner specified in subdivision (b)(1)(C); and (2) "Writing" includes printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and symbols of value, right, privilege or identification.
(1) "Forge" means to: (A) Alter, make, complete, execute or authenticate any writing so that it purports to: (i) Be the act of another who did not authorize that act; (ii) Have been executed at a time or place or in a numbered sequence other than was in fact the case; or (iii) Be a copy of an original when no such original existed; (B) Make false entries in books or records; (C) Issue, transfer, register the transfer of, pass, publish, or otherwise utter a writing that is forged within the meaning of subdivision (b)(1)(A); or (D) Possess a writing that is forged within the meaning of subdivision (b)(1)(A) with intent to utter it in a manner specified in subdivision (b)(1)(C); and
(A) Alter, make, complete, execute or authenticate any writing so that it purports to: (i) Be the act of another who did not authorize that act; (ii) Have been executed at a time or place or in a numbered sequence other than was in fact the case; or (iii) Be a copy of an original when no such original existed;
(i) Be the act of another who did not authorize that act;
(ii) Have been executed at a time or place or in a numbered sequence other than was in fact the case; or
(iii) Be a copy of an original when no such original existed;
(B) Make false entries in books or records;
(C) Issue, transfer, register the transfer of, pass, publish, or otherwise utter a writing that is forged within the meaning of subdivision (b)(1)(A); or
(D) Possess a writing that is forged within the meaning of subdivision (b)(1)(A) with intent to utter it in a manner specified in subdivision (b)(1)(C); and
(2) "Writing" includes printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and symbols of value, right, privilege or identification.
(c) An offense under this section is punishable as theft pursuant to § 39-14-105 , but in no event shall forgery be less than a Class E felony.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-14-116 — TN Code / Title 39 / Chapter 14 / Section 39-14-116
Hindering secured creditors
Status: in_force

(a) A person who claims ownership of or interest in any property which is the subject of a security interest, security agreement, deed of trust, mortgage, attachment, judgment or other statutory or equitable lien commits an offense who, with intent to hinder enforcement of that interest or lien, destroys, removes, conceals, encumbers, transfers, or otherwise harms or reduces the value of the property. (b) For purposes of this section, unless the context otherwise requires: (1) "Remove" means transport, without the effective consent of the secured party, from the state or county in which the property was located when the security interest or lien attached; and (2) "Security interest" means an interest in personal property or fixtures that secures payment or performance of an obligation. (c) An offense under this section is a Class E felony. Acts 1989, ch. 591, § 1.
(a) A person who claims ownership of or interest in any property which is the subject of a security interest, security agreement, deed of trust, mortgage, attachment, judgment or other statutory or equitable lien commits an offense who, with intent to hinder enforcement of that interest or lien, destroys, removes, conceals, encumbers, transfers, or otherwise harms or reduces the value of the property.
(b) For purposes of this section, unless the context otherwise requires: (1) "Remove" means transport, without the effective consent of the secured party, from the state or county in which the property was located when the security interest or lien attached; and (2) "Security interest" means an interest in personal property or fixtures that secures payment or performance of an obligation.
(1) "Remove" means transport, without the effective consent of the secured party, from the state or county in which the property was located when the security interest or lien attached; and
(2) "Security interest" means an interest in personal property or fixtures that secures payment or performance of an obligation.
(c) An offense under this section is a Class E felony.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-1404 — TN Code / Title 39 / Chapter 17 / Section 39-17-1404
Penalty for violations
Status: in_force

A person who violates this part commits a Class B misdemeanor. Acts 1994, ch. 798, § 5.
A person who violates this part commits a Class B misdemeanor.
Acts 1994, ch. 798, § 5.
Tenn. Code Ann. § 39-14-143 — TN Code / Title 39 / Chapter 14 / Section 39-14-143
Unauthorized solicitation for police, judicial or safety association
Status: in_force

(a) It is an offense for a person to solicit or accept a fee, consideration, donation, or to offer for sale or sell advertising as a representative, or under the guise of representing, a police, judicial or safety association, partnership or corporation unless the person is employed by or is a member of an organization composed of persons elected, employed or appointed pursuant to law, to engage in police, judicial or safety work or activities, except that the commissioner of safety may authorize in writing any person to engage in such activities until the authority is revoked in writing by the commissioner. (b) "Police," as used in this section, includes any person duly elected, appointed, or employed as provided by law to engage in law enforcement work. (c) A violation of this section is a Class A misdemeanor. (d) This section does not apply to any police, judicial or safety association directed or regulated by any agency, department or branch of state government. Neither does this section apply to associations composed of duly constituted law enforcement or judicial officers. (e) Notwithstanding subsection (c) to the contrary, any person, persons, corporation or corporations violating this section, which violation is accomplished through the use of some form of communication across the boundaries of this state, commits a Class E felony, whether such communication is: (1) By mail; (2) By the use of any electronic device, including, but not limited to, the use of a telephone or telegraph; or (3) By any other means. Acts 1989, ch. 591, § 1.
(a) It is an offense for a person to solicit or accept a fee, consideration, donation, or to offer for sale or sell advertising as a representative, or under the guise of representing, a police, judicial or safety association, partnership or corporation unless the person is employed by or is a member of an organization composed of persons elected, employed or appointed pursuant to law, to engage in police, judicial or safety work or activities, except that the commissioner of safety may authorize in writing any person to engage in such activities until the authority is revoked in writing by the commissioner.
(b) "Police," as used in this section, includes any person duly elected, appointed, or employed as provided by law to engage in law enforcement work.
(c) A violation of this section is a Class A misdemeanor.
(d) This section does not apply to any police, judicial or safety association directed or regulated by any agency, department or branch of state government. Neither does this section apply to associations composed of duly constituted law enforcement or judicial officers.
(e) Notwithstanding subsection (c) to the contrary, any person, persons, corporation or corporations violating this section, which violation is accomplished through the use of some form of communication across the boundaries of this state, commits a Class E felony, whether such communication is: (1) By mail; (2) By the use of any electronic device, including, but not limited to, the use of a telephone or telegraph; or (3) By any other means.
(1) By mail;
(2) By the use of any electronic device, including, but not limited to, the use of a telephone or telegraph; or
(3) By any other means.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-307 — TN Code / Title 39 / Chapter 17 / Section 39-17-307
Obstructing highway or other passageway
Status: in_force

(a) A person commits an offense who, without legal privilege, intentionally, knowingly or recklessly: (1) Obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, or hallway to which the public, or a substantial portion of the public, has access; or any other place used for the passage of persons, vehicles or conveyances, whether the obstruction arises from the person's acts alone or from the person's acts and the acts of others; or (2) Disobeys a reasonable request or order to move issued by a person known to be a law enforcement officer, a firefighter, or a person with authority to control the use of the premises to: (A) Prevent obstruction of a highway or passageway; or (B) Maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot or other hazard. (b) For purposes of this section, "obstruct" means to render impassable or to render passage unreasonably inconvenient or potentially injurious to persons or property. (c) (1) A violation of subdivision (a)(1) is a Class A misdemeanor. (2) A violation of subdivision (a)(2) is a Class C misdemeanor. (3) Notwithstanding subdivision (c)(1), a violation of subdivision (a)(1) is a Class E felony if the obstruction prevents an emergency vehicle from accessing a highway or street, the obstruction prevents a first responder from responding to an emergency, or if the obstruction prevents access to an emergency exit. For purposes of this subdivision (c)(3): (A) "Emergency exit" means a doorway in a building or facility used for egress to the outdoors only when there is an immediate threat to the health or safety of an individual; (B) "Emergency vehicle" means any vehicle of a governmental department or public service corporation when responding to an emergency, any vehicle of a police or fire department, and any ambulance; and (C) "First responder" has the same definition as used in § 39-13-116(d) . (d) (1) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that: (A) Solicitation and collection of charitable donations at a highway or street intersection were undertaken by members of an organization that has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or (4) ; (B) The members of the organization undertook reasonable and prudent precautions to prevent both disruption of traffic flow and injury to person or property; and (C) The solicitation and collection at the specific time and place and the specific precautions were proposed in advance to, and received the prior written approval of, the administrative head of the local law enforcement agency in whose jurisdiction the intersection is located. (2) No liability for any accident or other occurrence that arises from solicitations shall attach to the sheriff or government involved in issuing the permit, but shall be borne solely by the organization obtaining the permit. (3) This subsection (d) shall not be construed to supersede or affect any ordinance relative to collecting donations at public intersections in effect on July 1, 1993. (4) Any municipality by ordinance may prohibit roadblocks within its corporate limits notwithstanding this subsection (d). (e) If a person suffers loss or injury as a result of a violation of subdivision (a)(1) in which the defendant intentionally obstructed a highway, street, or other place used for the passage of vehicles or conveyances, then the person may bring a cause of action against the person who violated subdivision (a)(1) to recover compensatory damages from the loss or injury. Amended by 2024 Tenn. Acts, ch. 958,s 1, eff. 7/1/2024. Amended by 2020EX2 Tenn. Acts, ch. 3, s 15, eff. 8/20/2020. Amended by 2017 Tenn. Acts, ch. 121, s 1, eff. 7/1/2017. Amended by 2015 Tenn. Acts, ch. 138, s 1, eff. 4/17/2015. Acts 1989, ch. 591, § 1; 1993, ch. 148, §§ 1-5.
(a) A person commits an offense who, without legal privilege, intentionally, knowingly or recklessly: (1) Obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, or hallway to which the public, or a substantial portion of the public, has access; or any other place used for the passage of persons, vehicles or conveyances, whether the obstruction arises from the person's acts alone or from the person's acts and the acts of others; or (2) Disobeys a reasonable request or order to move issued by a person known to be a law enforcement officer, a firefighter, or a person with authority to control the use of the premises to: (A) Prevent obstruction of a highway or passageway; or (B) Maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot or other hazard.
(1) Obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, or hallway to which the public, or a substantial portion of the public, has access; or any other place used for the passage of persons, vehicles or conveyances, whether the obstruction arises from the person's acts alone or from the person's acts and the acts of others; or
(2) Disobeys a reasonable request or order to move issued by a person known to be a law enforcement officer, a firefighter, or a person with authority to control the use of the premises to: (A) Prevent obstruction of a highway or passageway; or (B) Maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot or other hazard.
(A) Prevent obstruction of a highway or passageway; or
(B) Maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot or other hazard.
(b) For purposes of this section, "obstruct" means to render impassable or to render passage unreasonably inconvenient or potentially injurious to persons or property.
(c) (1) A violation of subdivision (a)(1) is a Class A misdemeanor. (2) A violation of subdivision (a)(2) is a Class C misdemeanor. (3) Notwithstanding subdivision (c)(1), a violation of subdivision (a)(1) is a Class E felony if the obstruction prevents an emergency vehicle from accessing a highway or street, the obstruction prevents a first responder from responding to an emergency, or if the obstruction prevents access to an emergency exit. For purposes of this subdivision (c)(3): (A) "Emergency exit" means a doorway in a building or facility used for egress to the outdoors only when there is an immediate threat to the health or safety of an individual; (B) "Emergency vehicle" means any vehicle of a governmental department or public service corporation when responding to an emergency, any vehicle of a police or fire department, and any ambulance; and (C) "First responder" has the same definition as used in § 39-13-116(d) .
(1) A violation of subdivision (a)(1) is a Class A misdemeanor.
(2) A violation of subdivision (a)(2) is a Class C misdemeanor.
(3) Notwithstanding subdivision (c)(1), a violation of subdivision (a)(1) is a Class E felony if the obstruction prevents an emergency vehicle from accessing a highway or street, the obstruction prevents a first responder from responding to an emergency, or if the obstruction prevents access to an emergency exit. For purposes of this subdivision (c)(3): (A) "Emergency exit" means a doorway in a building or facility used for egress to the outdoors only when there is an immediate threat to the health or safety of an individual; (B) "Emergency vehicle" means any vehicle of a governmental department or public service corporation when responding to an emergency, any vehicle of a police or fire department, and any ambulance; and (C) "First responder" has the same definition as used in § 39-13-116(d) .
(A) "Emergency exit" means a doorway in a building or facility used for egress to the outdoors only when there is an immediate threat to the health or safety of an individual;
(B) "Emergency vehicle" means any vehicle of a governmental department or public service corporation when responding to an emergency, any vehicle of a police or fire department, and any ambulance; and
(C) "First responder" has the same definition as used in § 39-13-116(d) .
(d) (1) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that: (A) Solicitation and collection of charitable donations at a highway or street intersection were undertaken by members of an organization that has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or (4) ; (B) The members of the organization undertook reasonable and prudent precautions to prevent both disruption of traffic flow and injury to person or property; and (C) The solicitation and collection at the specific time and place and the specific precautions were proposed in advance to, and received the prior written approval of, the administrative head of the local law enforcement agency in whose jurisdiction the intersection is located. (2) No liability for any accident or other occurrence that arises from solicitations shall attach to the sheriff or government involved in issuing the permit, but shall be borne solely by the organization obtaining the permit. (3) This subsection (d) shall not be construed to supersede or affect any ordinance relative to collecting donations at public intersections in effect on July 1, 1993. (4) Any municipality by ordinance may prohibit roadblocks within its corporate limits notwithstanding this subsection (d).
(1) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that: (A) Solicitation and collection of charitable donations at a highway or street intersection were undertaken by members of an organization that has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or (4) ; (B) The members of the organization undertook reasonable and prudent precautions to prevent both disruption of traffic flow and injury to person or property; and (C) The solicitation and collection at the specific time and place and the specific precautions were proposed in advance to, and received the prior written approval of, the administrative head of the local law enforcement agency in whose jurisdiction the intersection is located.
(A) Solicitation and collection of charitable donations at a highway or street intersection were undertaken by members of an organization that has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or (4) ;
(B) The members of the organization undertook reasonable and prudent precautions to prevent both disruption of traffic flow and injury to person or property; and
(C) The solicitation and collection at the specific time and place and the specific precautions were proposed in advance to, and received the prior written approval of, the administrative head of the local law enforcement agency in whose jurisdiction the intersection is located.
(2) No liability for any accident or other occurrence that arises from solicitations shall attach to the sheriff or government involved in issuing the permit, but shall be borne solely by the organization obtaining the permit.
(3) This subsection (d) shall not be construed to supersede or affect any ordinance relative to collecting donations at public intersections in effect on July 1, 1993.
(4) Any municipality by ordinance may prohibit roadblocks within its corporate limits notwithstanding this subsection (d).
(e) If a person suffers loss or injury as a result of a violation of subdivision (a)(1) in which the defendant intentionally obstructed a highway, street, or other place used for the passage of vehicles or conveyances, then the person may bring a cause of action against the person who violated subdivision (a)(1) to recover compensatory damages from the loss or injury.
Amended by 2024 Tenn. Acts, ch. 958,s 1, eff. 7/1/2024.
Amended by 2020EX2 Tenn. Acts, ch. 3, s 15, eff. 8/20/2020.
Amended by 2017 Tenn. Acts, ch. 121, s 1, eff. 7/1/2017.
Amended by 2015 Tenn. Acts, ch. 138, s 1, eff. 4/17/2015.
Acts 1989, ch. 591, § 1; 1993, ch. 148, §§ 1-5.
Tenn. Code Ann. § 39-11-301 — TN Code / Title 39 / Chapter 11 / Section 39-11-301
Requirement of culpable mental state
Status: in_force

(a) (1) A person commits an offense who acts intentionally, knowingly, recklessly or with criminal negligence, as the definition of the offense requires, with respect to each element of the offense. (2) When the law provides that criminal negligence suffices to establish an element of an offense, that element is also established if a person acts intentionally, knowingly or recklessly. When recklessness suffices to establish an element, that element is also established if a person acts intentionally or knowingly. When acting knowingly suffices to establish an element, that element is also established if a person acts intentionally. (b) A culpable mental state is required within this title unless the definition of an offense plainly dispenses with a mental element. (c) If the definition of an offense within this title does not plainly dispense with a mental element, intent, knowledge or recklessness suffices to establish the culpable mental state. Acts 1989, ch. 591, § 1; 1990, ch. 1030, §§ 6, 7.
(a) (1) A person commits an offense who acts intentionally, knowingly, recklessly or with criminal negligence, as the definition of the offense requires, with respect to each element of the offense. (2) When the law provides that criminal negligence suffices to establish an element of an offense, that element is also established if a person acts intentionally, knowingly or recklessly. When recklessness suffices to establish an element, that element is also established if a person acts intentionally or knowingly. When acting knowingly suffices to establish an element, that element is also established if a person acts intentionally.
(1) A person commits an offense who acts intentionally, knowingly, recklessly or with criminal negligence, as the definition of the offense requires, with respect to each element of the offense.
(2) When the law provides that criminal negligence suffices to establish an element of an offense, that element is also established if a person acts intentionally, knowingly or recklessly. When recklessness suffices to establish an element, that element is also established if a person acts intentionally or knowingly. When acting knowingly suffices to establish an element, that element is also established if a person acts intentionally.
(b) A culpable mental state is required within this title unless the definition of an offense plainly dispenses with a mental element.
(c) If the definition of an offense within this title does not plainly dispense with a mental element, intent, knowledge or recklessness suffices to establish the culpable mental state.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, §§ 6, 7.
Tenn. Code Ann. § 39-17-657 — TN Code / Title 39 / Chapter 17 / Section 39-17-657
Offense of offering cost of services, records or devices on a contingency basis
Status: in_force

(a) It is an offense for any person to knowingly sell or lease, or offer for sale or lease, facilities, locations, advertising services, printing services, telephone services, gambling records or gambling devices based on a percentage of the proceeds of an annual event or by any other contingency agreement based on the proceeds of an annual event or at a price greater than fair market value. (b) A violation of this section is a Class E felony; provided, however, that the maximum fine shall be fifty thousand dollars ($50,000). Acts 2004, ch. 476, § 9.
(a) It is an offense for any person to knowingly sell or lease, or offer for sale or lease, facilities, locations, advertising services, printing services, telephone services, gambling records or gambling devices based on a percentage of the proceeds of an annual event or by any other contingency agreement based on the proceeds of an annual event or at a price greater than fair market value.
(b) A violation of this section is a Class E felony; provided, however, that the maximum fine shall be fifty thousand dollars ($50,000).
Acts 2004, ch. 476, § 9.
Tenn. Code Ann. § 39-16-512 — TN Code / Title 39 / Chapter 16 / Section 39-16-512
Receipt of compensation for past action
Status: in_force

(a) A person commits an offense who solicits, accepts, or agrees to accept any benefit for having exercised official power or performed official duty in favor of another as a juror. (b) A violation of this section is a Class A misdemeanor. Acts 1989, ch. 591, § 1.
(a) A person commits an offense who solicits, accepts, or agrees to accept any benefit for having exercised official power or performed official duty in favor of another as a juror.
(b) A violation of this section is a Class A misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-437 — TN Code / Title 39 / Chapter 17 / Section 39-17-437
Falsification of the results of a drug test - Synthetic urine prohibited
Status: in_force

(a) (1) It is an offense for a person to intentionally use, or possess with the intent to use, any substance or device designed to falsify the results of a drug test of that person. (2) Except as provided in subdivision (a)(3), it is an offense for a person to sell synthetic urine. (3) It is not an offense for a person to sell synthetic urine to an individual for bona fide educational, medical or scientific purposes. Any person selling synthetic urine for such purposes shall maintain documentation as to the educational, medical or scientific purpose for each individual sale of such urine for a period not less than five (5) years. (b) As used in this section: (1) "Drug test" means a lawfully administered test designed to detect the presence of a controlled substance or a controlled substance analogue; and (2) "Synthetic urine" means any product or substance which is designed to falsify the results of a drug test for a human being. (c) (1) A violation of subdivision (a)(1) is a Class A misdemeanor. (2) A violation of subdivision (a)(2) is a Class C misdemeanor. Acts 2005, ch. 18, § 14; 2010, ch. 873, § 1; 2012, ch. 848, § 20.
(a) (1) It is an offense for a person to intentionally use, or possess with the intent to use, any substance or device designed to falsify the results of a drug test of that person. (2) Except as provided in subdivision (a)(3), it is an offense for a person to sell synthetic urine. (3) It is not an offense for a person to sell synthetic urine to an individual for bona fide educational, medical or scientific purposes. Any person selling synthetic urine for such purposes shall maintain documentation as to the educational, medical or scientific purpose for each individual sale of such urine for a period not less than five (5) years.
(1) It is an offense for a person to intentionally use, or possess with the intent to use, any substance or device designed to falsify the results of a drug test of that person.
(2) Except as provided in subdivision (a)(3), it is an offense for a person to sell synthetic urine.
(3) It is not an offense for a person to sell synthetic urine to an individual for bona fide educational, medical or scientific purposes. Any person selling synthetic urine for such purposes shall maintain documentation as to the educational, medical or scientific purpose for each individual sale of such urine for a period not less than five (5) years.
(b) As used in this section: (1) "Drug test" means a lawfully administered test designed to detect the presence of a controlled substance or a controlled substance analogue; and (2) "Synthetic urine" means any product or substance which is designed to falsify the results of a drug test for a human being.
(1) "Drug test" means a lawfully administered test designed to detect the presence of a controlled substance or a controlled substance analogue; and
(2) "Synthetic urine" means any product or substance which is designed to falsify the results of a drug test for a human being.
(c) (1) A violation of subdivision (a)(1) is a Class A misdemeanor. (2) A violation of subdivision (a)(2) is a Class C misdemeanor.
(1) A violation of subdivision (a)(1) is a Class A misdemeanor.
(2) A violation of subdivision (a)(2) is a Class C misdemeanor.
Acts 2005, ch. 18, § 14; 2010, ch. 873, § 1; 2012, ch. 848, § 20.
Tenn. Code Ann. § 39-13-608 — TN Code / Title 39 / Chapter 13 / Section 39-13-608
Offense of interception of radio frequency transmission to flee from criminal offense
Status: in_force

(a) It is an offense for a person to knowingly intercept any radio frequency transmission with the intent to use the intercepted transmission to commit, facilitate, or aid in the flight from a criminal offense. (b) For purposes of this section, "radio frequency transmission" means any radio transmission made by a law enforcement, fire fighting, emergency medical, federal, state or local corrections or homeland security official during the course of the official's duties. (c) A violation of this section is a Class A misdemeanor. Acts 2010, ch. 953, § 1.
(a) It is an offense for a person to knowingly intercept any radio frequency transmission with the intent to use the intercepted transmission to commit, facilitate, or aid in the flight from a criminal offense.
(b) For purposes of this section, "radio frequency transmission" means any radio transmission made by a law enforcement, fire fighting, emergency medical, federal, state or local corrections or homeland security official during the course of the official's duties.
(c) A violation of this section is a Class A misdemeanor.
Acts 2010, ch. 953, § 1.
Tenn. Code Ann. § 39-17-305 — TN Code / Title 39 / Chapter 17 / Section 39-17-305
Disorderly conduct
Status: in_force

(a) A person commits an offense who, in a public place and with intent to cause public annoyance or alarm: (1) Engages in fighting or in violent or threatening behavior; (2) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or (3) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose. (b) A person also violates this section who makes unreasonable noise that prevents others from carrying on lawful activities. (c) A violation of this section is a Class C misdemeanor. Acts 1989, ch. 591, § 1.
(a) A person commits an offense who, in a public place and with intent to cause public annoyance or alarm: (1) Engages in fighting or in violent or threatening behavior; (2) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or (3) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.
(1) Engages in fighting or in violent or threatening behavior;
(2) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or
(3) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.
(b) A person also violates this section who makes unreasonable noise that prevents others from carrying on lawful activities.
(c) A violation of this section is a Class C misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-1602 — TN Code / Title 39 / Chapter 17 / Section 39-17-1602
Purpose
Status: in_force

It is the intention of the general assembly that this part reduce the extent to which children are exposed to environmental tobacco smoke in facilities where children's services are provided. Acts 1995, ch. 455, § 2.
It is the intention of the general assembly that this part reduce the extent to which children are exposed to environmental tobacco smoke in facilities where children's services are provided.
Acts 1995, ch. 455, § 2.
Tenn. Code Ann. § 39-17-1325 — TN Code / Title 39 / Chapter 17 / Section 39-17-1325
Immunity for failure to adopt policy that prohibits weapons on premises
Status: in_force

(a) A person, business, or other entity that owns, controls, or manages property and has the authority to prohibit weapons on that property by posting, pursuant to § 39-17-1359 , shall be immune from civil liability with respect to any claim based on such person's, business's, or other entity's failure to adopt a policy that prohibits weapons on the property by posting pursuant to § 39-17-1359 . (b) Immunity under subsection (a) does not apply to a person, business, or other entity whose conduct or failure to act is the result of gross negligence or willful or wanton misconduct. Added by 2016 Tenn. Acts, ch. 947,s 1, eff. 7/1/2016.
(a) A person, business, or other entity that owns, controls, or manages property and has the authority to prohibit weapons on that property by posting, pursuant to § 39-17-1359 , shall be immune from civil liability with respect to any claim based on such person's, business's, or other entity's failure to adopt a policy that prohibits weapons on the property by posting pursuant to § 39-17-1359 .
(b) Immunity under subsection (a) does not apply to a person, business, or other entity whose conduct or failure to act is the result of gross negligence or willful or wanton misconduct.
Added by 2016 Tenn. Acts, ch. 947,s 1, eff. 7/1/2016.
Tenn. Code Ann. § 39-17-1005 — TN Code / Title 39 / Chapter 17 / Section 39-17-1005
Offense of especially aggravated sexual exploitation of a minor
Status: in_force

(a) It is unlawful for a person to knowingly promote, employ, use, assist, transport or permit a minor to participate in the performance of, or in the production of, acts or material that includes the minor engaging in: (1) Sexual activity; or (2) Simulated sexual activity that is patently offensive. (b) A person violating subsection (a) may be charged in a separate count for each individual performance, image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. (c) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, employed, used, assisted, transported or permitted a minor to participate in the performance of or in the production of acts or material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor. (d) A violation of this section is a Class B felony. Nothing in this section shall be construed as limiting prosecution for any other sexual offense under this chapter, nor shall a joint conviction under this section and any other related sexual offense, even if arising out of the same conduct, be construed as limiting any applicable punishment, including consecutive sentencing under § 40-35-115 , or the enhancement of sentence under § 40-35-114 . (e) In a prosecution under this section, the state is not required to prove the actual identity or age of the minor. (f) 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 promoted, employed, assisted, transported or permitted a minor to engage in the performance of, or production of, acts or material within this state. (g) It shall not be a defense to a violation of subsection (a) that the minor victim of the offense consented to the conduct that constituted the offense. Amended by 2013 Tenn. Acts, ch. 350,s 4, eff. 7/1/2013. Acts 1990, ch. 1092, § 7; 2005, ch. 496, § 4.
(a) It is unlawful for a person to knowingly promote, employ, use, assist, transport or permit a minor to participate in the performance of, or in the production of, acts or material that includes the minor engaging in: (1) Sexual activity; or (2) Simulated sexual activity that is patently offensive.
(1) Sexual activity; or
(2) Simulated sexual activity that is patently offensive.
(b) A person violating subsection (a) may be charged in a separate count for each individual performance, image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation.
(c) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, employed, used, assisted, transported or permitted a minor to participate in the performance of or in the production of acts or material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.
(d) A violation of this section is a Class B felony. Nothing in this section shall be construed as limiting prosecution for any other sexual offense under this chapter, nor shall a joint conviction under this section and any other related sexual offense, even if arising out of the same conduct, be construed as limiting any applicable punishment, including consecutive sentencing under § 40-35-115 , or the enhancement of sentence under § 40-35-114 .
(e) In a prosecution under this section, the state is not required to prove the actual identity or age of the minor.
(f) 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 promoted, employed, assisted, transported or permitted a minor to engage in the performance of, or production of, acts or material within this state.
(g) It shall not be a defense to a violation of subsection (a) that the minor victim of the offense consented to the conduct that constituted the offense.
Amended by 2013 Tenn. Acts, ch. 350,s 4, eff. 7/1/2013.
Acts 1990, ch. 1092, § 7; 2005, ch. 496, § 4.
Tenn. Code Ann. § 39-17-303 — TN Code / Title 39 / Chapter 17 / Section 39-17-303
Aggravated riot
Status: in_force

(a) A person commits an offense who: (1) Knowingly participates in a riot; and (2) (A) Traveled from outside the state with intent to commit a criminal offense; (B) Participates in a riot in exchange for compensation; or (C) As a result of the riot, a person other than one (1) of the participants suffers bodily injury or substantial property damage occurs. (b) (1) A violation of this section is a Class E felony. (2) In any sentence imposed for a violation of this section, the court shall include a mandatory minimum sentence of: (A) Forty-five (45) days of incarceration; or (B) Sixty (60) days of incarceration if the defendant engages in the conduct described in two (2) or more of the circumstances listed in subdivisions (a)(2)(A)-(C). (3) In any sentence imposed for a violation of this section, the court shall include an order of restitution for any injury, property damage, or loss incurred as a result of the offense. Amended by 2021 Tenn. Acts, ch. 440, s 1, eff. 7/1/2021. Amended by 2020EX2 Tenn. Acts, ch. 3, s 12, eff. 8/20/2020. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 35.
(a) A person commits an offense who: (1) Knowingly participates in a riot; and (2) (A) Traveled from outside the state with intent to commit a criminal offense; (B) Participates in a riot in exchange for compensation; or (C) As a result of the riot, a person other than one (1) of the participants suffers bodily injury or substantial property damage occurs.
(1) Knowingly participates in a riot; and
(2) (A) Traveled from outside the state with intent to commit a criminal offense; (B) Participates in a riot in exchange for compensation; or (C) As a result of the riot, a person other than one (1) of the participants suffers bodily injury or substantial property damage occurs.
(A) Traveled from outside the state with intent to commit a criminal offense;
(B) Participates in a riot in exchange for compensation; or
(C) As a result of the riot, a person other than one (1) of the participants suffers bodily injury or substantial property damage occurs.
(b) (1) A violation of this section is a Class E felony. (2) In any sentence imposed for a violation of this section, the court shall include a mandatory minimum sentence of: (A) Forty-five (45) days of incarceration; or (B) Sixty (60) days of incarceration if the defendant engages in the conduct described in two (2) or more of the circumstances listed in subdivisions (a)(2)(A)-(C). (3) In any sentence imposed for a violation of this section, the court shall include an order of restitution for any injury, property damage, or loss incurred as a result of the offense.
(1) A violation of this section is a Class E felony.
(2) In any sentence imposed for a violation of this section, the court shall include a mandatory minimum sentence of: (A) Forty-five (45) days of incarceration; or (B) Sixty (60) days of incarceration if the defendant engages in the conduct described in two (2) or more of the circumstances listed in subdivisions (a)(2)(A)-(C).
(A) Forty-five (45) days of incarceration; or
(B) Sixty (60) days of incarceration if the defendant engages in the conduct described in two (2) or more of the circumstances listed in subdivisions (a)(2)(A)-(C).
(3) In any sentence imposed for a violation of this section, the court shall include an order of restitution for any injury, property damage, or loss incurred as a result of the offense.
Amended by 2021 Tenn. Acts, ch. 440, s 1, eff. 7/1/2021.
Amended by 2020EX2 Tenn. Acts, ch. 3, s 12, eff. 8/20/2020.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 35.
Tenn. Code Ann. § 39-13-313 — TN Code / Title 39 / Chapter 13 / Section 39-13-313
Tennessee Human Trafficking Resource Center Hotline Act
Status: in_force

(a) This section shall be known and may be cited as the "Tennessee Human Trafficking Resource Center Hotline Act." (b) There is created the Tennessee human trafficking resource center hotline to be established and maintained by the Tennessee bureau of investigation in a manner consistent with this section. (c) Any governmental entity or private business or establishment that provides or offers a place of assembly or entertainment, transportation, lodging, dining, educational, medical or leisure activities or services, or any business or establishment that is licensed by the state or any political subdivision thereof, or that is engaged in commerce in this state is strongly encouraged to post a sign indicating certain information regarding the Tennessee human trafficking resource center hotline in a location within the governmental entity or establishment where it is visible to employees and the general public. The sign shall be no smaller than eight and one-half inches by eleven inches (8 1/2" x 11"). Unless stated otherwise in this section, it may be posted near the entrance of the establishment or prominently where notices are usually posted. The sign shall state the following: Tennessee Human Trafficking Resource Center Hotline at 1-855-588-6484. If you or someone you know is being forced to engage in any activity and cannot leave - whether it is commercial sex, housework, farm work or any other activity - call the Tennessee Human Trafficking Hotline to access help and services. Victims of human trafficking are protected under United States and Tennessee law. The hotline is: Anonymous and confidential Available 24/7 Toll free Available to Non-English speaking callers through assistance of Interpreters (d) All calls made to the human trafficking resource center hotline, the content of any conversation thereon and the telephone number from which the call was made is confidential, is not an open record and not available for public inspection except by order of a court of competent jurisdiction when necessary in a pending criminal investigation. (e) (1) Any entity or establishment posting a sign pursuant to this section may post the sign in English, Spanish and any other language mandated by the Voting Rights Act of 1965, P.L. 89-110 ( 42 U.S.C. § 1973 et seq.), in the county where the sign will be posted. (2) The title of the sign, the Tennessee human trafficking resource center hotline at 1-855-588-6484, shall be boldfaced, underlined and no smaller than twenty-eight (28) point font size. (3) The department of labor and workforce development shall provide the sign authorized by this section on its internet website for entities or establishments to print as needed. (4) The department of labor and workforce development shall periodically send an electronic notification to any business or establishment that is licensed by the state or any political subdivision thereof that encourages posting pursuant to this section. Acts 2011 , ch. 435, § 1.
(a) This section shall be known and may be cited as the "Tennessee Human Trafficking Resource Center Hotline Act."
(b) There is created the Tennessee human trafficking resource center hotline to be established and maintained by the Tennessee bureau of investigation in a manner consistent with this section.
(c) Any governmental entity or private business or establishment that provides or offers a place of assembly or entertainment, transportation, lodging, dining, educational, medical or leisure activities or services, or any business or establishment that is licensed by the state or any political subdivision thereof, or that is engaged in commerce in this state is strongly encouraged to post a sign indicating certain information regarding the Tennessee human trafficking resource center hotline in a location within the governmental entity or establishment where it is visible to employees and the general public. The sign shall be no smaller than eight and one-half inches by eleven inches (8 1/2" x 11"). Unless stated otherwise in this section, it may be posted near the entrance of the establishment or prominently where notices are usually posted. The sign shall state the following: Tennessee Human Trafficking Resource Center Hotline at 1-855-588-6484. If you or someone you know is being forced to engage in any activity and cannot leave - whether it is commercial sex, housework, farm work or any other activity - call the Tennessee Human Trafficking Hotline to access help and services. Victims of human trafficking are protected under United States and Tennessee law. The hotline is: Anonymous and confidential Available 24/7 Toll free Available to Non-English speaking callers through assistance of Interpreters
Tennessee Human Trafficking Resource Center Hotline at 1-855-588-6484.
If you or someone you know is being forced to engage in any activity and cannot leave - whether it is commercial sex, housework, farm work or any other activity - call the Tennessee Human Trafficking Hotline to access help and services.
Victims of human trafficking are protected under United States and Tennessee law.
The hotline is:
Anonymous and confidential
Available 24/7
Toll free
Available to Non-English speaking callers through assistance of Interpreters
(d) All calls made to the human trafficking resource center hotline, the content of any conversation thereon and the telephone number from which the call was made is confidential, is not an open record and not available for public inspection except by order of a court of competent jurisdiction when necessary in a pending criminal investigation.
(e) (1) Any entity or establishment posting a sign pursuant to this section may post the sign in English, Spanish and any other language mandated by the Voting Rights Act of 1965, P.L. 89-110 ( 42 U.S.C. § 1973 et seq.), in the county where the sign will be posted. (2) The title of the sign, the Tennessee human trafficking resource center hotline at 1-855-588-6484, shall be boldfaced, underlined and no smaller than twenty-eight (28) point font size. (3) The department of labor and workforce development shall provide the sign authorized by this section on its internet website for entities or establishments to print as needed. (4) The department of labor and workforce development shall periodically send an electronic notification to any business or establishment that is licensed by the state or any political subdivision thereof that encourages posting pursuant to this section.
(1) Any entity or establishment posting a sign pursuant to this section may post the sign in English, Spanish and any other language mandated by the Voting Rights Act of 1965, P.L. 89-110 ( 42 U.S.C. § 1973 et seq.), in the county where the sign will be posted.
(2) The title of the sign, the Tennessee human trafficking resource center hotline at 1-855-588-6484, shall be boldfaced, underlined and no smaller than twenty-eight (28) point font size.
(3) The department of labor and workforce development shall provide the sign authorized by this section on its internet website for entities or establishments to print as needed.
(4) The department of labor and workforce development shall periodically send an electronic notification to any business or establishment that is licensed by the state or any political subdivision thereof that encourages posting pursuant to this section.
Acts 2011 , ch. 435, § 1.
Tenn. Code Ann. § 39-17-1360 — TN Code / Title 39 / Chapter 17 / Section 39-17-1360
Rules and regulations
Status: in_force

The department of safety is authorized to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement §§ 39-17-1351 - 39-17-1360 or § 39-17-1366 . Amended by 2019 Tenn. Acts, ch. 479, s 21, eff. 1/1/2020. Acts 1996, ch. 905, § 12.
The department of safety is authorized to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement §§ 39-17-1351 - 39-17-1360 or § 39-17-1366 .
Amended by 2019 Tenn. Acts, ch. 479, s 21, eff. 1/1/2020.
Acts 1996, ch. 905, § 12.
Tenn. Code Ann. § 39-11-202 — TN Code / Title 39 / Chapter 11 / Section 39-11-202
Exception
Status: in_force

(a) An exception to an offense in this title is so labeled by the phrase: "It is an exception to the application of ...," or words of similar import. (b) (1) Unless the statute defining an offense states to the contrary, the state need not negate the existence of an exception in the charge alleging commission of the offense. (2) An exception to be relied upon by a person must be proven by a preponderance of the evidence. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 4.
(a) An exception to an offense in this title is so labeled by the phrase: "It is an exception to the application of ...," or words of similar import.
(b) (1) Unless the statute defining an offense states to the contrary, the state need not negate the existence of an exception in the charge alleging commission of the offense. (2) An exception to be relied upon by a person must be proven by a preponderance of the evidence.
(1) Unless the statute defining an offense states to the contrary, the state need not negate the existence of an exception in the charge alleging commission of the offense.
(2) An exception to be relied upon by a person must be proven by a preponderance of the evidence.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 4.
Tenn. Code Ann. § 39-11-103 — TN Code / Title 39 / Chapter 11 / Section 39-11-103
Territorial jurisdiction
Status: in_force

(a) Every person, whether an inhabitant of this or any other state or country, is liable to punishment by the laws of this state, for an offense committed in this state, except where it is by law cognizable exclusively in the courts of the United States. (b) (1) When an offense is commenced outside of this state and consummated in this state, the person committing the offense is liable for punishment in this state in the county in which the offense was consummated, unless otherwise provided by statute. (2) It is no defense that the person charged with the offense was outside of this state when the offense was consummated, if the person used: (A) An innocent or guilty agent; or (B) Other means proceeding directly from the person. (c) When the commission of an offense commenced within this state is consummated outside of its boundaries, the offender is liable to punishment in this state in the county where the offense was commenced. (d) If one (1) or more elements of an offense are committed in one (1) county and one (1) or more elements in another, the offense may be prosecuted in either county. Offenses committed on the boundary of two (2) or more counties may be prosecuted in either county. Acts 1989, ch. 591, § 1; 1990, ch. 1000, § 5.
(a) Every person, whether an inhabitant of this or any other state or country, is liable to punishment by the laws of this state, for an offense committed in this state, except where it is by law cognizable exclusively in the courts of the United States.
(b) (1) When an offense is commenced outside of this state and consummated in this state, the person committing the offense is liable for punishment in this state in the county in which the offense was consummated, unless otherwise provided by statute. (2) It is no defense that the person charged with the offense was outside of this state when the offense was consummated, if the person used: (A) An innocent or guilty agent; or (B) Other means proceeding directly from the person.
(1) When an offense is commenced outside of this state and consummated in this state, the person committing the offense is liable for punishment in this state in the county in which the offense was consummated, unless otherwise provided by statute.
(2) It is no defense that the person charged with the offense was outside of this state when the offense was consummated, if the person used: (A) An innocent or guilty agent; or (B) Other means proceeding directly from the person.
(A) An innocent or guilty agent; or
(B) Other means proceeding directly from the person.
(c) When the commission of an offense commenced within this state is consummated outside of its boundaries, the offender is liable to punishment in this state in the county where the offense was commenced.
(d) If one (1) or more elements of an offense are committed in one (1) county and one (1) or more elements in another, the offense may be prosecuted in either county. Offenses committed on the boundary of two (2) or more counties may be prosecuted in either county.
Acts 1989, ch. 591, § 1; 1990, ch. 1000, § 5.
Tenn. Code Ann. § 39-17-610 — TN Code / Title 39 / Chapter 17 / Section 39-17-610
Preemption
Status: in_force

The general assembly, by enacting this part, intends to preempt any other regulation of the area covered by this part and the Tennessee Education Lottery Implementation Law, compiled in title 4, chapter 51. No political subdivision or agency may enact or enforce a law, ordinance, resolution, or regulation that regulates or prohibits any conduct in the area covered by this part and title 4, chapter 51. Acts 2003, ch. 297, § 8.
The general assembly, by enacting this part, intends to preempt any other regulation of the area covered by this part and the Tennessee Education Lottery Implementation Law, compiled in title 4, chapter 51. No political subdivision or agency may enact or enforce a law, ordinance, resolution, or regulation that regulates or prohibits any conduct in the area covered by this part and title 4, chapter 51.
Acts 2003, ch. 297, § 8.
Tenn. Code Ann. § 39-12-201 — TN Code / Title 39 / Chapter 12 / Section 39-12-201
Short title
Status: in_force

This part shall be known and may be cited as the "Racketeer Influenced and Corrupt Organization (RICO) Act of 1989." Acts 1989, ch. 591, § 1.
This part shall be known and may be cited as the "Racketeer Influenced and Corrupt Organization (RICO) Act of 1989."
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-16-701 — TN Code / Title 39 / Chapter 16 / Section 39-16-701
Definitions for perjury offenses
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Material" means the statement, irrespective of its admissibility under the rules of evidence, could have affected the course or outcome of the official proceeding; (2) "Oath" means a solemn and formal undertaking to tell the truth and includes an equivalent affirmation permitted by law as a substitute for an oath administered by a person authorized by law to take statements under oath; (3) "Official proceeding" means any type of administrative, executive, judicial, or legislative proceeding that is conducted before a public servant authorized by law to take statements under oath in that proceeding; and (4) "Statement" means any representation of fact. Acts 1989, ch. 591, § 1.
As used in this part, unless the context otherwise requires:
(1) "Material" means the statement, irrespective of its admissibility under the rules of evidence, could have affected the course or outcome of the official proceeding;
(2) "Oath" means a solemn and formal undertaking to tell the truth and includes an equivalent affirmation permitted by law as a substitute for an oath administered by a person authorized by law to take statements under oath;
(3) "Official proceeding" means any type of administrative, executive, judicial, or legislative proceeding that is conducted before a public servant authorized by law to take statements under oath in that proceeding; and
(4) "Statement" means any representation of fact.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-502 — TN Code / Title 39 / Chapter 17 / Section 39-17-502
Gambling - Defenses
Status: in_force

(a) A person commits an offense who knowingly engages in gambling. (b) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that a person reasonably and in good faith relied upon the representations of a gambling promoter that a gambling activity was lawful because it was an authorized annual event pursuant to title 3, chapter 17. It is not an affirmative defense to prosecution under this section that a person engaged in a gambling activity that was not an authorized type of lottery game pursuant to title 3, chapter 17. (c) The offense of gambling is a Class C misdemeanor. Acts 1989, ch. 591, § 1; 2004, ch. 476, § 3.
(a) A person commits an offense who knowingly engages in gambling.
(b) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that a person reasonably and in good faith relied upon the representations of a gambling promoter that a gambling activity was lawful because it was an authorized annual event pursuant to title 3, chapter 17. It is not an affirmative defense to prosecution under this section that a person engaged in a gambling activity that was not an authorized type of lottery game pursuant to title 3, chapter 17.
(c) The offense of gambling is a Class C misdemeanor.
Acts 1989, ch. 591, § 1; 2004, ch. 476, § 3.
Tenn. Code Ann. § 39-16-707 — TN Code / Title 39 / Chapter 16 / Section 39-16-707
Inconsistent statements
Status: in_force

Except as provided in § 39-16-704 , a charge of perjury or aggravated perjury that alleges the person charged has made two (2) or more statements under oath, any two (2) of which cannot both be true, need not allege which statement is false if both statements were made within the period of the statute of limitations. At trial, the prosecution need not prove which statement is false. Acts 1989, ch. 591, § 1; 1990, ch. 980, § 30.
Except as provided in § 39-16-704 , a charge of perjury or aggravated perjury that alleges the person charged has made two (2) or more statements under oath, any two (2) of which cannot both be true, need not allege which statement is false if both statements were made within the period of the statute of limitations. At trial, the prosecution need not prove which statement is false.
Acts 1989, ch. 591, § 1; 1990, ch. 980, § 30.
Tenn. Code Ann. § 39-17-914 — TN Code / Title 39 / Chapter 17 / Section 39-17-914
Display for sale or rental of material harmful to minors
Status: in_force

(a) It is unlawful for a person to display for sale or rental a visual depiction, including a videocassette tape or film, video game, computer software game, or a written representation, including a book, magazine or pamphlet, that contains material harmful to minors anywhere minors are lawfully admitted. (b) The state has the burden of proving that the material is displayed. Material is not considered displayed under this section if: (1) The material is: (A) Placed in "binder racks" that cover the lower two thirds (2/3) of the material and the viewable one third (1/3) is not harmful to minors; (B) Located at a height of not less than five and one-half feet (51/2') from the floor; and (C) Reasonable steps are taken to prevent minors from perusing the material; (2) The material is sealed, and, if it contains material on its cover that is harmful to minors, it must also be opaquely wrapped; (3) The material is placed out of sight underneath the counter; or (4) The material is located so that the material is not open to view by minors and is located in an area restricted to adults; (5) Unless its cover contains material which is harmful to minors, a video cassette tape or film is not considered displayed if it is in a form that cannot be viewed without electrical or mechanical equipment and the equipment is not being used to produce a visual depiction; or (6) In a situation if the minor is accompanied by the minor's parent or guardian, unless the area is restricted to adults as provided for in subdivision (b)(4). (c) A violation of this section is a Class C misdemeanor for each day the person is in violation of this section. Acts 1989, ch. 591, § 1; 1990, ch. 1092, § 5; 2000, ch. 763, § 2.
(a) It is unlawful for a person to display for sale or rental a visual depiction, including a videocassette tape or film, video game, computer software game, or a written representation, including a book, magazine or pamphlet, that contains material harmful to minors anywhere minors are lawfully admitted.
(b) The state has the burden of proving that the material is displayed. Material is not considered displayed under this section if: (1) The material is: (A) Placed in "binder racks" that cover the lower two thirds (2/3) of the material and the viewable one third (1/3) is not harmful to minors; (B) Located at a height of not less than five and one-half feet (51/2') from the floor; and (C) Reasonable steps are taken to prevent minors from perusing the material; (2) The material is sealed, and, if it contains material on its cover that is harmful to minors, it must also be opaquely wrapped; (3) The material is placed out of sight underneath the counter; or (4) The material is located so that the material is not open to view by minors and is located in an area restricted to adults; (5) Unless its cover contains material which is harmful to minors, a video cassette tape or film is not considered displayed if it is in a form that cannot be viewed without electrical or mechanical equipment and the equipment is not being used to produce a visual depiction; or (6) In a situation if the minor is accompanied by the minor's parent or guardian, unless the area is restricted to adults as provided for in subdivision (b)(4).
(1) The material is: (A) Placed in "binder racks" that cover the lower two thirds (2/3) of the material and the viewable one third (1/3) is not harmful to minors; (B) Located at a height of not less than five and one-half feet (51/2') from the floor; and (C) Reasonable steps are taken to prevent minors from perusing the material;
(A) Placed in "binder racks" that cover the lower two thirds (2/3) of the material and the viewable one third (1/3) is not harmful to minors;
(B) Located at a height of not less than five and one-half feet (51/2') from the floor; and
(C) Reasonable steps are taken to prevent minors from perusing the material;
(2) The material is sealed, and, if it contains material on its cover that is harmful to minors, it must also be opaquely wrapped;
(3) The material is placed out of sight underneath the counter; or
(4) The material is located so that the material is not open to view by minors and is located in an area restricted to adults;
(5) Unless its cover contains material which is harmful to minors, a video cassette tape or film is not considered displayed if it is in a form that cannot be viewed without electrical or mechanical equipment and the equipment is not being used to produce a visual depiction; or
(6) In a situation if the minor is accompanied by the minor's parent or guardian, unless the area is restricted to adults as provided for in subdivision (b)(4).
(c) A violation of this section is a Class C misdemeanor for each day the person is in violation of this section.
Acts 1989, ch. 591, § 1; 1990, ch. 1092, § 5; 2000, ch. 763, § 2.
Tenn. Code Ann. § 39-14-403 — TN Code / Title 39 / Chapter 14 / Section 39-14-403
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 545, s 3, eff. 7/1/2021. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 23.
Repealed by 2021 Tenn. Acts, ch. 545, s 3, eff. 7/1/2021.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 23.
Tenn. Code Ann. § 39-17-1403 — TN Code / Title 39 / Chapter 17 / Section 39-17-1403
Posting of requisite notice
Status: in_force

A metals recycling facility shall post in a conspicuous location a notice that is readily visible to all persons selling materials to the facility. The notice shall be no smaller than twenty-four inches (24") horizontally by eighteen inches (18") vertically and must contain the following language: TENNESSEE LAW PROHIBITS THE SALE, TRANSFER OR CONVEYANCE OF ANY OF THE FOLLOWING ITEMS TO THIS FACILITY WITHOUT FIRST OBTAINING OUR SIGNED WRITTEN ACKNOWLEDGMENT THAT WE WILL ACCEPT THE ITEM: (A) LEAD-ACID BATTERIES; (B) FUEL TANKS; (C) PCB-CONTAINING CAPACITORS; (D) CHLOROFLUOROCARBON REFRIGERANTS; AND (E) UNSPENT AIR BAGS. A VIOLATION OF THIS LAW IS A CLASS B MISDEMEANOR. Acts 1994, ch. 798, § 4.
A metals recycling facility shall post in a conspicuous location a notice that is readily visible to all persons selling materials to the facility. The notice shall be no smaller than twenty-four inches (24") horizontally by eighteen inches (18") vertically and must contain the following language:
TENNESSEE LAW PROHIBITS THE SALE, TRANSFER OR CONVEYANCE OF ANY OF THE FOLLOWING ITEMS TO THIS FACILITY WITHOUT FIRST OBTAINING OUR SIGNED WRITTEN ACKNOWLEDGMENT THAT WE WILL ACCEPT THE ITEM:
(A) LEAD-ACID BATTERIES;
(B) FUEL TANKS;
(C) PCB-CONTAINING CAPACITORS;
(D) CHLOROFLUOROCARBON REFRIGERANTS; AND
(E) UNSPENT AIR BAGS. A VIOLATION OF THIS LAW IS A CLASS B MISDEMEANOR.
A VIOLATION OF THIS LAW IS A CLASS B MISDEMEANOR.
Acts 1994, ch. 798, § 4.
Tenn. Code Ann. § 39-14-118 — TN Code / Title 39 / Chapter 14 / Section 39-14-118
Illegal possession or fraudulent use of credit or debit card
Status: in_force

(a) A person commits the crime of illegal possession of a credit or debit card who, knowing the person does not have the consent of the owner or issuer, takes, exercises control over or otherwise uses that card or information from that card. (b) A person commits the crime of fraudulent use of a credit or debit card who uses, or allows to be used, a credit or debit card or information from that card, for the purpose of obtaining property, credit, services or anything else of value with knowledge that: (1) The card is forged or stolen; (2) The card has been revoked or cancelled; (3) The card has expired and the person uses the card with fraudulent intent; or (4) For any other reason the use of the card is unauthorized by either the issuer or the person to whom the credit or debit card is issued. (c) (1) Fraudulent use of a credit or debit card is punishable as theft pursuant to § 39-14-105 , depending on the amount of property, credit, goods or services obtained. (2) If no property, credit, goods, or services are actually received or obtained, illegal possession or fraudulent use of a credit card is a Class A misdemeanor. Acts 1989, ch. 591, § 1; 2008, ch. 851, § 1.
(a) A person commits the crime of illegal possession of a credit or debit card who, knowing the person does not have the consent of the owner or issuer, takes, exercises control over or otherwise uses that card or information from that card.
(b) A person commits the crime of fraudulent use of a credit or debit card who uses, or allows to be used, a credit or debit card or information from that card, for the purpose of obtaining property, credit, services or anything else of value with knowledge that: (1) The card is forged or stolen; (2) The card has been revoked or cancelled; (3) The card has expired and the person uses the card with fraudulent intent; or (4) For any other reason the use of the card is unauthorized by either the issuer or the person to whom the credit or debit card is issued.
(1) The card is forged or stolen;
(2) The card has been revoked or cancelled;
(3) The card has expired and the person uses the card with fraudulent intent; or
(4) For any other reason the use of the card is unauthorized by either the issuer or the person to whom the credit or debit card is issued.
(c) (1) Fraudulent use of a credit or debit card is punishable as theft pursuant to § 39-14-105 , depending on the amount of property, credit, goods or services obtained. (2) If no property, credit, goods, or services are actually received or obtained, illegal possession or fraudulent use of a credit card is a Class A misdemeanor.
(1) Fraudulent use of a credit or debit card is punishable as theft pursuant to § 39-14-105 , depending on the amount of property, credit, goods or services obtained.
(2) If no property, credit, goods, or services are actually received or obtained, illegal possession or fraudulent use of a credit card is a Class A misdemeanor.
Acts 1989, ch. 591, § 1; 2008, ch. 851, § 1.
Tenn. Code Ann. § 39-11-201 — TN Code / Title 39 / Chapter 11 / Section 39-11-201
Burden of proof
Status: in_force

(a) No person may be convicted of an offense unless each of the following is proven beyond a reasonable doubt: (1) The conduct, circumstances surrounding the conduct, or a result of the conduct described in the definition of the offense; (2) The culpable mental state required; (3) The negation of any defense to an offense defined in this title if admissible evidence is introduced supporting the defense; and (4) The offense was committed prior to the return of the formal charge. (b) In the absence of the proof required by subsection (a), the innocence of the person is presumed. (c) A person charged with an offense has no burden to prove innocence. (d) Evidence produced at trial, whether presented on direct or cross-examination of state or defense witnesses, may be utilized by either party. (e) No person may be convicted of an offense unless venue is proven by a preponderance of the evidence. (f) If the issue is raised in defense, no person shall be convicted of an offense unless jurisdiction and the commission of the offense within the time period specified in title 40, chapter 2 are proven by a preponderance of the evidence. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 3.
(a) No person may be convicted of an offense unless each of the following is proven beyond a reasonable doubt: (1) The conduct, circumstances surrounding the conduct, or a result of the conduct described in the definition of the offense; (2) The culpable mental state required; (3) The negation of any defense to an offense defined in this title if admissible evidence is introduced supporting the defense; and (4) The offense was committed prior to the return of the formal charge.
(1) The conduct, circumstances surrounding the conduct, or a result of the conduct described in the definition of the offense;
(2) The culpable mental state required;
(3) The negation of any defense to an offense defined in this title if admissible evidence is introduced supporting the defense; and
(4) The offense was committed prior to the return of the formal charge.
(b) In the absence of the proof required by subsection (a), the innocence of the person is presumed.
(c) A person charged with an offense has no burden to prove innocence.
(d) Evidence produced at trial, whether presented on direct or cross-examination of state or defense witnesses, may be utilized by either party.
(e) No person may be convicted of an offense unless venue is proven by a preponderance of the evidence.
(f) If the issue is raised in defense, no person shall be convicted of an offense unless jurisdiction and the commission of the offense within the time period specified in title 40, chapter 2 are proven by a preponderance of the evidence.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 3.
Tenn. Code Ann. § 39-13-215 — TN Code / Title 39 / Chapter 13 / Section 39-13-215
Reckless homicide
Status: in_force

(a) Reckless homicide is a reckless killing of another. (b) Reckless homicide is a Class D felony. Acts 1993, ch. 306, § 2.
(a) Reckless homicide is a reckless killing of another.
(b) Reckless homicide is a Class D felony.
Acts 1993, ch. 306, § 2.
Tenn. Code Ann. § 39-11-204 — TN Code / Title 39 / Chapter 11 / Section 39-11-204
Affirmative defense
Status: in_force

(a) An affirmative defense in this title is so labeled by the phrase: "It is an affirmative defense to prosecution under ..., which must be proven by a preponderance of the evidence, that ..." or words of similar import. (b) The state is not required to negate the existence of an affirmative defense in the charge alleging commission of the offense. (c) (1) If a person intends to rely upon an affirmative defense, the person shall, no later than ten (10) days before trial, notify the district attorney general in writing of the intention, or at such time as the court may direct naming the affirmative defense or defenses to be asserted, and file a copy of the notice with the clerk. (2) Except as provided in this title, if there is a failure to comply with this subsection (c), the affirmative defense may not be raised; provided, that this shall not limit the right of the person to testify on the person's own behalf. (3) The court may, for cause shown, allow late filing of the notice or grant additional time to the parties to prepare for trial or make other orders as may be appropriate. (4) Evidence of an intention to raise an affirmative defense, which is later withdrawn, is not admissible in any civil or criminal proceeding against the person who gave the notice of the intention. (5) This subsection (c) shall only apply in courts of record. (d) The issue of the existence of an affirmative defense may not be submitted to the jury unless it is fairly raised by the proof and notice has been provided according to subsection (c). (e) If the issue of the existence of an affirmative defense is submitted to the jury, the court shall instruct the jury that the affirmative defense must be established by a preponderance of the evidence. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 5.
(a) An affirmative defense in this title is so labeled by the phrase: "It is an affirmative defense to prosecution under ..., which must be proven by a preponderance of the evidence, that ..." or words of similar import.
(b) The state is not required to negate the existence of an affirmative defense in the charge alleging commission of the offense.
(c) (1) If a person intends to rely upon an affirmative defense, the person shall, no later than ten (10) days before trial, notify the district attorney general in writing of the intention, or at such time as the court may direct naming the affirmative defense or defenses to be asserted, and file a copy of the notice with the clerk. (2) Except as provided in this title, if there is a failure to comply with this subsection (c), the affirmative defense may not be raised; provided, that this shall not limit the right of the person to testify on the person's own behalf. (3) The court may, for cause shown, allow late filing of the notice or grant additional time to the parties to prepare for trial or make other orders as may be appropriate. (4) Evidence of an intention to raise an affirmative defense, which is later withdrawn, is not admissible in any civil or criminal proceeding against the person who gave the notice of the intention. (5) This subsection (c) shall only apply in courts of record.
(1) If a person intends to rely upon an affirmative defense, the person shall, no later than ten (10) days before trial, notify the district attorney general in writing of the intention, or at such time as the court may direct naming the affirmative defense or defenses to be asserted, and file a copy of the notice with the clerk.
(2) Except as provided in this title, if there is a failure to comply with this subsection (c), the affirmative defense may not be raised; provided, that this shall not limit the right of the person to testify on the person's own behalf.
(3) The court may, for cause shown, allow late filing of the notice or grant additional time to the parties to prepare for trial or make other orders as may be appropriate.
(4) Evidence of an intention to raise an affirmative defense, which is later withdrawn, is not admissible in any civil or criminal proceeding against the person who gave the notice of the intention.
(5) This subsection (c) shall only apply in courts of record.
(d) The issue of the existence of an affirmative defense may not be submitted to the jury unless it is fairly raised by the proof and notice has been provided according to subsection (c).
(e) If the issue of the existence of an affirmative defense is submitted to the jury, the court shall instruct the jury that the affirmative defense must be established by a preponderance of the evidence.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 5.
Tenn. Code Ann. § 39-14-605 — TN Code / Title 39 / Chapter 14 / Section 39-14-605
Venue
Status: in_force

For the purposes of venue under this part, any violation of this part shall be considered to have been committed: (1) In any county in which any act was performed in furtherance of any transaction violating this part; (2) In any county in which any violator had control or possession of any proceeds of the violation or of any books, records, documents, property, financial instrument, computer software, computer program, or other material, objects, or items which were used in furtherance of the violation; and (3) In any county from which, to which, or through which, any access to a computer, computer system, or computer network was made, whether by wire, electromagnetic waves, microwaves, or any other means of communication. Acts 1989, ch. 591, § 1; T.C.A. § 39-14-603 ; Acts 2003, ch. 317, § 6.
For the purposes of venue under this part, any violation of this part shall be considered to have been committed:
(1) In any county in which any act was performed in furtherance of any transaction violating this part;
(2) In any county in which any violator had control or possession of any proceeds of the violation or of any books, records, documents, property, financial instrument, computer software, computer program, or other material, objects, or items which were used in furtherance of the violation; and
(3) In any county from which, to which, or through which, any access to a computer, computer system, or computer network was made, whether by wire, electromagnetic waves, microwaves, or any other means of communication.
Acts 1989, ch. 591, § 1; T.C.A. § 39-14-603 ; Acts 2003, ch. 317, § 6.
Tenn. Code Ann. § 39-14-804 — TN Code / Title 39 / Chapter 14 / Section 39-14-804
Penalties
Status: in_force

(a) A person found to be in violation of any of the offenses defined in § 39-14-803(a), (b), or (e) commits a Class C felony. (b) Any person violating § 39-14-803(c) commits a Class B misdemeanor. Amended by 2024 Tenn. Acts, ch. 708,s 2, eff. 7/1/2024. Acts 1992, ch. 782, § 5.
(a) A person found to be in violation of any of the offenses defined in § 39-14-803(a), (b), or (e) commits a Class C felony.
(b) Any person violating § 39-14-803(c) commits a Class B misdemeanor.
Amended by 2024 Tenn. Acts, ch. 708,s 2, eff. 7/1/2024.
Acts 1992, ch. 782, § 5.
Tenn. Code Ann. § 39-13-705 — TN Code / Title 39 / Chapter 13 / Section 39-13-705
Evaluation and identification
Status: in_force

(a) On and after January 1, 1996, each sex offender who is to be considered for probation or any other alternative sentencing shall be required to submit to an evaluation for treatment, risk potential, procedures required for monitoring of behavior to protect victims and potential victims, and an identification under the procedures developed pursuant to § 39-13-704(d)(1) . (b) Those offenders found guilty at trial or who pled guilty without an agreement as to length of sentence, probation, or alternative sentencing that are to have a presentence report prepared for submission to the court shall be required to submit to the evaluation referred to in subsection (a). The evaluation shall be included as part of the presentence report and shall be considered by the court in determining the sentencing issues stated in this section. If the court grants probation or alternative sentencing, any plan of treatment recommended by the evaluation shall be a condition of the probation or alternative sentencing. Those offenders who, as part of a negotiated settlement of their case, are to be placed on probation or alternative sentencing shall be required to submit to the evaluation referred to in subsection (a) as a condition of their probation or alternative sentencing; and any plan of treatment recommended by the evaluation shall be a condition of probation or alternative sentencing. (c) The evaluation and identification required by subsection (a) shall be at the expense of the offender evaluated, based upon the offender's ability to pay. The plan of treatment and behavior management shall be at the expense of the offender based upon the offender's ability to pay. (d) Any evaluation required by this section must be performed by an individual or entity on the sex offender treatment board's list of approved providers compiled pursuant to § 39-13-704(d)(5) . Amended by 2021 Tenn. Acts, ch. 204, s 2, eff. 4/22/2021. Acts 1995, ch. 353, § 6; 1996, ch. 968, § 5; 1998, ch. 971, § 1.
(a) On and after January 1, 1996, each sex offender who is to be considered for probation or any other alternative sentencing shall be required to submit to an evaluation for treatment, risk potential, procedures required for monitoring of behavior to protect victims and potential victims, and an identification under the procedures developed pursuant to § 39-13-704(d)(1) .
(b) Those offenders found guilty at trial or who pled guilty without an agreement as to length of sentence, probation, or alternative sentencing that are to have a presentence report prepared for submission to the court shall be required to submit to the evaluation referred to in subsection (a). The evaluation shall be included as part of the presentence report and shall be considered by the court in determining the sentencing issues stated in this section. If the court grants probation or alternative sentencing, any plan of treatment recommended by the evaluation shall be a condition of the probation or alternative sentencing. Those offenders who, as part of a negotiated settlement of their case, are to be placed on probation or alternative sentencing shall be required to submit to the evaluation referred to in subsection (a) as a condition of their probation or alternative sentencing; and any plan of treatment recommended by the evaluation shall be a condition of probation or alternative sentencing.
(c) The evaluation and identification required by subsection (a) shall be at the expense of the offender evaluated, based upon the offender's ability to pay. The plan of treatment and behavior management shall be at the expense of the offender based upon the offender's ability to pay.
(d) Any evaluation required by this section must be performed by an individual or entity on the sex offender treatment board's list of approved providers compiled pursuant to § 39-13-704(d)(5) .
Amended by 2021 Tenn. Acts, ch. 204, s 2, eff. 4/22/2021.
Acts 1995, ch. 353, § 6; 1996, ch. 968, § 5; 1998, ch. 971, § 1.
Tenn. Code Ann. § 39-14-701 — TN Code / Title 39 / Chapter 14 / Section 39-14-701
Possession of burglary tools
Status: in_force

A person who possesses any tool, machine or implement with intent to use the same, or allow the same to be used, to commit any burglary, commits a Class A misdemeanor. Acts 1989, ch. 591, § 1.
A person who possesses any tool, machine or implement with intent to use the same, or allow the same to be used, to commit any burglary, commits a Class A misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-16-107 — TN Code / Title 39 / Chapter 16 / Section 39-16-107
Bribing a witness
Status: in_force

(a) A person commits an offense who: (1) Offers, confers or agrees to confer anything of value upon a witness or a person the defendant believes will be called as a witness in any official proceeding with intent to: (A) Corruptly influence the testimony of the witness; (B) Induce the witness to avoid or attempt to avoid legal process summoning the witness to testify; or (C) Induce the witness to be absent from an official proceeding to which that witness has been legally summoned; or (2) Is a witness or believes the person will be called as a witness in any official proceeding and solicits, accepts or agrees to accept anything of value upon an agreement or understanding that: (A) The witness's testimony will be corruptly influenced; (B) The witness will attempt to avoid legal process summoning the witness to testify; or (C) The witness will attempt to be absent from an official proceeding to which the witness has been legally summoned. (b) This section does not apply to the payment of additional compensation to an expert witness over and above the amount otherwise prescribed by law to be paid a witness. (c) Nothing in this section shall be deemed to nullify or repeal any contempt power of any judge of any court of this state. (d) Bribing a witness is a Class C felony. Acts 1989, ch. 591, § 1.
(a) A person commits an offense who: (1) Offers, confers or agrees to confer anything of value upon a witness or a person the defendant believes will be called as a witness in any official proceeding with intent to: (A) Corruptly influence the testimony of the witness; (B) Induce the witness to avoid or attempt to avoid legal process summoning the witness to testify; or (C) Induce the witness to be absent from an official proceeding to which that witness has been legally summoned; or (2) Is a witness or believes the person will be called as a witness in any official proceeding and solicits, accepts or agrees to accept anything of value upon an agreement or understanding that: (A) The witness's testimony will be corruptly influenced; (B) The witness will attempt to avoid legal process summoning the witness to testify; or (C) The witness will attempt to be absent from an official proceeding to which the witness has been legally summoned.
(1) Offers, confers or agrees to confer anything of value upon a witness or a person the defendant believes will be called as a witness in any official proceeding with intent to: (A) Corruptly influence the testimony of the witness; (B) Induce the witness to avoid or attempt to avoid legal process summoning the witness to testify; or (C) Induce the witness to be absent from an official proceeding to which that witness has been legally summoned; or
(A) Corruptly influence the testimony of the witness;
(B) Induce the witness to avoid or attempt to avoid legal process summoning the witness to testify; or
(C) Induce the witness to be absent from an official proceeding to which that witness has been legally summoned; or
(2) Is a witness or believes the person will be called as a witness in any official proceeding and solicits, accepts or agrees to accept anything of value upon an agreement or understanding that: (A) The witness's testimony will be corruptly influenced; (B) The witness will attempt to avoid legal process summoning the witness to testify; or (C) The witness will attempt to be absent from an official proceeding to which the witness has been legally summoned.
(A) The witness's testimony will be corruptly influenced;
(B) The witness will attempt to avoid legal process summoning the witness to testify; or
(C) The witness will attempt to be absent from an official proceeding to which the witness has been legally summoned.
(b) This section does not apply to the payment of additional compensation to an expert witness over and above the amount otherwise prescribed by law to be paid a witness.
(c) Nothing in this section shall be deemed to nullify or repeal any contempt power of any judge of any court of this state.
(d) Bribing a witness is a Class C felony.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-11-411 — TN Code / Title 39 / Chapter 11 / Section 39-11-411
Accessory after the fact
Status: in_force

(a) A person is an accessory after the fact who, after the commission of a felony, with knowledge or reasonable ground to believe that the offender has committed the felony, and with the intent to hinder the arrest, trial, conviction or punishment of the offender: (1) Harbors or conceals the offender; (2) Provides or aids in providing the offender with any means of avoiding arrest, trial, conviction or punishment; or (3) Warns the offender of impending apprehension or discovery. (b) This section shall have no application to an attorney providing legal services as required or authorized by law. (c) Accessory after the fact is a Class E felony. Acts 1989, ch. 591, § 1; 1994, ch. 978, § 4; 1995, ch. 281, § 1.
(a) A person is an accessory after the fact who, after the commission of a felony, with knowledge or reasonable ground to believe that the offender has committed the felony, and with the intent to hinder the arrest, trial, conviction or punishment of the offender: (1) Harbors or conceals the offender; (2) Provides or aids in providing the offender with any means of avoiding arrest, trial, conviction or punishment; or (3) Warns the offender of impending apprehension or discovery.
(1) Harbors or conceals the offender;
(2) Provides or aids in providing the offender with any means of avoiding arrest, trial, conviction or punishment; or
(3) Warns the offender of impending apprehension or discovery.
(b) This section shall have no application to an attorney providing legal services as required or authorized by law.
(c) Accessory after the fact is a Class E felony.
Acts 1989, ch. 591, § 1; 1994, ch. 978, § 4; 1995, ch. 281, § 1.
Tenn. Code Ann. § 39-14-153 — TN Code / Title 39 / Chapter 14 / Section 39-14-153
False information or concealment of information in applying for or receiving dwelling accommodations in housing project
Status: in_force

(a) It is an offense for a person who is applying for or the recipient of dwelling accommodations in any housing project operated by a housing authority as defined in § 13-20-102 to obtain or attempt to obtain the dwelling accommodations by means of a statement, representation or impersonation the person knows to be false, or by knowingly concealing any material fact if the false statement, representation, impersonation or concealment results in: (1) The person meeting the housing authority's income qualification standards established pursuant to § 13-20-113 ; or (2) The person's lease or rental payment being less than the person would otherwise be required to pay under the housing authority's income qualification standards established pursuant to § 13-20-113 . (b) It is a violation of this section if a person obtains or attempts to obtain dwelling accommodations specified in subsection (a) by means of a statement, representation or impersonation made by another, or by another concealing any material fact, if the person knows the statement, representation or impersonation to be false or the person knows that a material fact has been concealed. (c) A violation of this section is a Class A misdemeanor punishable by fine only. The amount of the fine imposed shall be graded as provided in § 39-14-105 . In grading the offense, the value of the benefit the defendant derived from the prohibited conduct shall be used to determine the grade of fine. Acts 2009, ch. 325, § 2.
(a) It is an offense for a person who is applying for or the recipient of dwelling accommodations in any housing project operated by a housing authority as defined in § 13-20-102 to obtain or attempt to obtain the dwelling accommodations by means of a statement, representation or impersonation the person knows to be false, or by knowingly concealing any material fact if the false statement, representation, impersonation or concealment results in: (1) The person meeting the housing authority's income qualification standards established pursuant to § 13-20-113 ; or (2) The person's lease or rental payment being less than the person would otherwise be required to pay under the housing authority's income qualification standards established pursuant to § 13-20-113 .
(1) The person meeting the housing authority's income qualification standards established pursuant to § 13-20-113 ; or
(2) The person's lease or rental payment being less than the person would otherwise be required to pay under the housing authority's income qualification standards established pursuant to § 13-20-113 .
(b) It is a violation of this section if a person obtains or attempts to obtain dwelling accommodations specified in subsection (a) by means of a statement, representation or impersonation made by another, or by another concealing any material fact, if the person knows the statement, representation or impersonation to be false or the person knows that a material fact has been concealed.
(c) A violation of this section is a Class A misdemeanor punishable by fine only. The amount of the fine imposed shall be graded as provided in § 39-14-105 . In grading the offense, the value of the benefit the defendant derived from the prohibited conduct shall be used to determine the grade of fine.
Acts 2009, ch. 325, § 2.
Tenn. Code Ann. § 39-13-504 — TN Code / Title 39 / Chapter 13 / Section 39-13-504
Aggravated sexual battery
Status: in_force

(a) Aggravated sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances: (1) Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon; (2) The defendant causes bodily injury to the victim; (3) The defendant is aided or abetted by one (1) or more other persons; and (A) Force or coercion is used to accomplish the act; or (B) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or (4) The victim is less than thirteen (13) years of age. (b) Aggravated sexual battery is a Class B felony. Acts 1989, ch. 591, § 1; 1993, ch. 289, § 1.
(a) Aggravated sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances: (1) Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon; (2) The defendant causes bodily injury to the victim; (3) The defendant is aided or abetted by one (1) or more other persons; and (A) Force or coercion is used to accomplish the act; or (B) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or (4) The victim is less than thirteen (13) years of age.
(1) Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
(2) The defendant causes bodily injury to the victim;
(3) The defendant is aided or abetted by one (1) or more other persons; and (A) Force or coercion is used to accomplish the act; or (B) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
(A) Force or coercion is used to accomplish the act; or
(B) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
(4) The victim is less than thirteen (13) years of age.
(b) Aggravated sexual battery is a Class B felony.
Acts 1989, ch. 591, § 1; 1993, ch. 289, § 1.
Tenn. Code Ann. § 39-17-1703 — TN Code / Title 39 / Chapter 17 / Section 39-17-1703
Applicability upon adoption of part
Status: in_force

(a) This part shall apply upon the adoption of a resolution or ordinance by a two-thirds (2/3) vote of the appropriate legislative body of any: (1) County having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census; (2) County having a population of not less than twenty-eight thousand one hundred (28,100) nor more than twenty-eight thousand two hundred (28,200), according to the 2000 federal census or any subsequent federal census; or (3) Municipality in any county referenced in subdivision (a)(1) or (a)(2). (b) Section 39-17-1702 shall not apply to a municipality that has a more stringent curfew ordinance. Acts 1995, ch. 314, § 3; 1999, ch. 31, § 1; 2002, ch. 507, § 1; 2007, ch. 67, § 1; 2007, ch. 586, § 4.
(a) This part shall apply upon the adoption of a resolution or ordinance by a two-thirds (2/3) vote of the appropriate legislative body of any: (1) County having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census; (2) County having a population of not less than twenty-eight thousand one hundred (28,100) nor more than twenty-eight thousand two hundred (28,200), according to the 2000 federal census or any subsequent federal census; or (3) Municipality in any county referenced in subdivision (a)(1) or (a)(2).
(1) County having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census;
(2) County having a population of not less than twenty-eight thousand one hundred (28,100) nor more than twenty-eight thousand two hundred (28,200), according to the 2000 federal census or any subsequent federal census; or
(3) Municipality in any county referenced in subdivision (a)(1) or (a)(2).
(b) Section 39-17-1702 shall not apply to a municipality that has a more stringent curfew ordinance.
Acts 1995, ch. 314, § 3; 1999, ch. 31, § 1; 2002, ch. 507, § 1; 2007, ch. 67, § 1; 2007, ch. 586, § 4.
Tenn. Code Ann. § 39-13-404 — TN Code / Title 39 / Chapter 13 / Section 39-13-404
Carjacking
Status: in_force

(a) "Carjacking" is the intentional or knowing taking of a motor vehicle from the possession of another by use of: (1) A deadly weapon; or (2) Force or intimidation. (b) Carjacking is a Class B felony. Acts 1995, ch. 331, § 1.
(a) "Carjacking" is the intentional or knowing taking of a motor vehicle from the possession of another by use of: (1) A deadly weapon; or (2) Force or intimidation.
(1) A deadly weapon; or
(2) Force or intimidation.
(b) Carjacking is a Class B felony.
Acts 1995, ch. 331, § 1.
Tenn. Code Ann. § 39-13-201 — TN Code / Title 39 / Chapter 13 / Section 39-13-201
Criminal homicide
Status: in_force

Criminal homicide is the unlawful killing of another person, which may be first degree murder, second degree murder, voluntary manslaughter, criminally negligent homicide or vehicular homicide. Acts 1989, ch. 591, § 1; 1991, ch. 377, § 1; 1995, ch. 460, § 3.
Criminal homicide is the unlawful killing of another person, which may be first degree murder, second degree murder, voluntary manslaughter, criminally negligent homicide or vehicular homicide.
Acts 1989, ch. 591, § 1; 1991, ch. 377, § 1; 1995, ch. 460, § 3.
Tenn. Code Ann. § 39-17-114 — TN Code / Title 39 / Chapter 17 / Section 39-17-114
Transportation of illegal aliens
Status: in_force

(a) It is an offense for any person for the purpose of commercial advantage or private financial gain to transport or cause to be transported into the state an individual who the person knows or should have known has illegally entered or remained in the United States, as determined by the bureau of immigration and customs enforcement of the United States department of homeland security. (b) (1) This section shall not apply to common carriers. (2) It is a defense to prosecution under this section that the individuals were being transported for religious purposes. (c) A violation of this section is a Class A misdemeanor punishable only by a fine of one thousand dollars ($1,000) for each person illegally transported. (d) Any moneys received from a violation of this section shall go to the arresting agency or agencies. Acts 2007, ch. 242, § 1.
(a) It is an offense for any person for the purpose of commercial advantage or private financial gain to transport or cause to be transported into the state an individual who the person knows or should have known has illegally entered or remained in the United States, as determined by the bureau of immigration and customs enforcement of the United States department of homeland security.
(b) (1) This section shall not apply to common carriers. (2) It is a defense to prosecution under this section that the individuals were being transported for religious purposes.
(1) This section shall not apply to common carriers.
(2) It is a defense to prosecution under this section that the individuals were being transported for religious purposes.
(c) A violation of this section is a Class A misdemeanor punishable only by a fine of one thousand dollars ($1,000) for each person illegally transported.
(d) Any moneys received from a violation of this section shall go to the arresting agency or agencies.
Acts 2007, ch. 242, § 1.
Tenn. Code Ann. § 39-14-107 — TN Code / Title 39 / Chapter 14 / Section 39-14-107
Claim of right
Status: in_force

It is an affirmative defense to prosecution under §§ 39-14-103 , 39-14-104 and 39-14-106 that the person: (1) Acted under an honest claim of right to the property or service involved; (2) Acted in the honest belief that the person had the right to obtain or exercise control over the property or service as the person did; or (3) Obtained or exercised control over property or service honestly believing that the owner, if present, would have consented. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 19.
It is an affirmative defense to prosecution under §§ 39-14-103 , 39-14-104 and 39-14-106 that the person:
(1) Acted under an honest claim of right to the property or service involved;
(2) Acted in the honest belief that the person had the right to obtain or exercise control over the property or service as the person did; or
(3) Obtained or exercised control over property or service honestly believing that the owner, if present, would have consented.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 19.
Tenn. Code Ann. § 39-16-105 — TN Code / Title 39 / Chapter 16 / Section 39-16-105
Buying and selling in regard to offices
Status: in_force

(a) The offense of buying and selling in regard to offices is committed when: (1) Any person holding any office, or being elected to any office: (A) Enters into any bargain and sale for any valuable consideration whatever in regard to the office; (B) Sells, resigns or vacates the office for any pecuniary consideration whatever; or (C) Refuses to qualify and enter upon the discharge of the duties of the office, by reason of any pecuniary consideration; or (2) Any person: (A) Offers to buy any office by inducing the incumbent officer to resign, to vacate, or not to qualify; or (B) Directly or indirectly engages in corruptly procuring the resignation of any officer for any pecuniary or other valuable consideration. (b) Buying and selling in regard to offices is a Class C felony. Acts 1989, ch. 591, § 1.
(a) The offense of buying and selling in regard to offices is committed when: (1) Any person holding any office, or being elected to any office: (A) Enters into any bargain and sale for any valuable consideration whatever in regard to the office; (B) Sells, resigns or vacates the office for any pecuniary consideration whatever; or (C) Refuses to qualify and enter upon the discharge of the duties of the office, by reason of any pecuniary consideration; or (2) Any person: (A) Offers to buy any office by inducing the incumbent officer to resign, to vacate, or not to qualify; or (B) Directly or indirectly engages in corruptly procuring the resignation of any officer for any pecuniary or other valuable consideration.
(1) Any person holding any office, or being elected to any office: (A) Enters into any bargain and sale for any valuable consideration whatever in regard to the office; (B) Sells, resigns or vacates the office for any pecuniary consideration whatever; or (C) Refuses to qualify and enter upon the discharge of the duties of the office, by reason of any pecuniary consideration; or
(A) Enters into any bargain and sale for any valuable consideration whatever in regard to the office;
(B) Sells, resigns or vacates the office for any pecuniary consideration whatever; or
(C) Refuses to qualify and enter upon the discharge of the duties of the office, by reason of any pecuniary consideration; or
(2) Any person: (A) Offers to buy any office by inducing the incumbent officer to resign, to vacate, or not to qualify; or (B) Directly or indirectly engages in corruptly procuring the resignation of any officer for any pecuniary or other valuable consideration.
(A) Offers to buy any office by inducing the incumbent officer to resign, to vacate, or not to qualify; or
(B) Directly or indirectly engages in corruptly procuring the resignation of any officer for any pecuniary or other valuable consideration.
(b) Buying and selling in regard to offices is a Class C felony.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-421 — TN Code / Title 39 / Chapter 17 / Section 39-17-421
Substitution of drugs in filling prescriptions prohibited
Status: in_force

(a) Except as provided in title 53, chapter 10, part 2, it shall be unlawful for any pharmacist, or any pharmacy technician or pharmacy intern under the supervision of a pharmacist who dispenses prescriptions, drugs, and medicines, to substitute any drug or device different from the one ordered, or deviate in any manner from the requirements of an order or prescription, without the approval of the prescriber, as defined in § 63-10-204 . (b) A violation of this section is a Class C misdemeanor. Acts 1989, ch. 591, § 1; 2005, ch. 434, § 1.
(a) Except as provided in title 53, chapter 10, part 2, it shall be unlawful for any pharmacist, or any pharmacy technician or pharmacy intern under the supervision of a pharmacist who dispenses prescriptions, drugs, and medicines, to substitute any drug or device different from the one ordered, or deviate in any manner from the requirements of an order or prescription, without the approval of the prescriber, as defined in § 63-10-204 .
(b) A violation of this section is a Class C misdemeanor.
Acts 1989, ch. 591, § 1; 2005, ch. 434, § 1.
Tenn. Code Ann. § 39-15-503 — TN Code / Title 39 / Chapter 15 / Section 39-15-503
Permissive inferences
Status: in_force

For purposes of determining whether an offense was committed under § 39-15-502 : (1) Any transfer of property valued in excess of one thousand dollars ($1,000) in a twelve-month period, whether in a single transaction or multiple transactions, by an elderly or vulnerable adult to a nonrelative whom the transferor has known for fewer than two (2) years before the first transfer and for which the transferor did not receive reciprocal value in goods or services creates a permissive inference that the transfer was effectuated without the effective consent of the owner. (2) Subdivision (1) applies regardless of whether the transfer or transfers are denoted by the parties as a gift or loan except that it shall not apply to a valid loan evidenced in writing and which includes definite repayment dates. In the event repayment of any such loan is in default, in whole or in part, for more than sixty (60) days, the inference described in subdivision (1) applies. Subdivision (1) does not apply to persons or entities that operate a legitimate financial institution. (3) This section does not apply to valid charitable donations to nonprofit organizations qualifying for tax exempt status under the internal revenue code. (4) A court shall instruct jurors that they may, but are not required to, infer that the transfer of money or property was effectuated without the effective consent of the owner, with the intent to deprive the owner of the money or property, upon proof beyond a reasonable doubt of the facts listed in subdivision (1). The court shall also instruct jurors that they may find a defendant guilty only if persuaded that each element of the offense has been proved beyond a reasonable doubt. Added by 2017 Tenn. Acts, ch. 466,s 2, eff. 7/1/2017.
For purposes of determining whether an offense was committed under § 39-15-502 :
(1) Any transfer of property valued in excess of one thousand dollars ($1,000) in a twelve-month period, whether in a single transaction or multiple transactions, by an elderly or vulnerable adult to a nonrelative whom the transferor has known for fewer than two (2) years before the first transfer and for which the transferor did not receive reciprocal value in goods or services creates a permissive inference that the transfer was effectuated without the effective consent of the owner.
(2) Subdivision (1) applies regardless of whether the transfer or transfers are denoted by the parties as a gift or loan except that it shall not apply to a valid loan evidenced in writing and which includes definite repayment dates. In the event repayment of any such loan is in default, in whole or in part, for more than sixty (60) days, the inference described in subdivision (1) applies. Subdivision (1) does not apply to persons or entities that operate a legitimate financial institution.
(3) This section does not apply to valid charitable donations to nonprofit organizations qualifying for tax exempt status under the internal revenue code.
(4) A court shall instruct jurors that they may, but are not required to, infer that the transfer of money or property was effectuated without the effective consent of the owner, with the intent to deprive the owner of the money or property, upon proof beyond a reasonable doubt of the facts listed in subdivision (1). The court shall also instruct jurors that they may find a defendant guilty only if persuaded that each element of the offense has been proved beyond a reasonable doubt.
Added by 2017 Tenn. Acts, ch. 466,s 2, eff. 7/1/2017.
Tenn. Code Ann. § 39-13-208 — TN Code / Title 39 / Chapter 13 / Section 39-13-208
[Effective until contingency met; see version effective when contingency met and Compiler's Notes.] Notice of penalty to be sought for capital offenses.
Status: in_force

(a) Written notice that the state intends to seek the death penalty, filed pursuant to Rule 12.3(b) of the Tennessee Rules of Criminal Procedure, shall constitute notice that the state also intends to seek, as a possible punishment, a sentence of imprisonment for life without possibility of parole. (b) Where a capital offense is charged in the indictment or presentment and the district attorney general intends to ask for the sentence of imprisonment for life without possibility of parole, written notice shall be filed not less than thirty (30) days prior to trial. If the notice is filed later than this time, the trial judge shall grant the defendant, upon motion by the defendant, a reasonable continuance of the trial. The notice shall specify that the state intends to seek the sentence of imprisonment for life without possibility of parole and, unless the offense charged is first degree murder as described in § 39-13-202(c)(2) , or aggravated rape of a child or § 39-13-117 , the notice shall specify the aggravating circumstance or circumstances the state intends to rely upon at a sentencing hearing. Specification may be complied with by a reference to the citation of the circumstance or circumstances. Such notice shall be in writing and filed with the court and served on counsel. (c) If notice is not filed pursuant to subsection (a) or (b), the defendant shall be sentenced to imprisonment for life by the court, if the defendant is found guilty of murder in the first degree. (d) The defendant and the state of Tennessee may enter into a plea agreement whereby the defendant is sentenced to imprisonment for life without possibility of parole, pursuant to Rule 11 of the Tennessee Rules of Criminal Procedure. Amended by 2024 Tenn. Acts, ch. 951,s 27, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 528, s 19, eff. 7/1/2021. Acts 1993, ch. 473, § 8.
(a) Written notice that the state intends to seek the death penalty, filed pursuant to Rule 12.3(b) of the Tennessee Rules of Criminal Procedure, shall constitute notice that the state also intends to seek, as a possible punishment, a sentence of imprisonment for life without possibility of parole.
(b) Where a capital offense is charged in the indictment or presentment and the district attorney general intends to ask for the sentence of imprisonment for life without possibility of parole, written notice shall be filed not less than thirty (30) days prior to trial. If the notice is filed later than this time, the trial judge shall grant the defendant, upon motion by the defendant, a reasonable continuance of the trial. The notice shall specify that the state intends to seek the sentence of imprisonment for life without possibility of parole and, unless the offense charged is first degree murder as described in § 39-13-202(c)(2) , or aggravated rape of a child or § 39-13-117 , the notice shall specify the aggravating circumstance or circumstances the state intends to rely upon at a sentencing hearing. Specification may be complied with by a reference to the citation of the circumstance or circumstances. Such notice shall be in writing and filed with the court and served on counsel.
(c) If notice is not filed pursuant to subsection (a) or (b), the defendant shall be sentenced to imprisonment for life by the court, if the defendant is found guilty of murder in the first degree.
(d) The defendant and the state of Tennessee may enter into a plea agreement whereby the defendant is sentenced to imprisonment for life without possibility of parole, pursuant to Rule 11 of the Tennessee Rules of Criminal Procedure.
Amended by 2024 Tenn. Acts, ch. 951,s 27, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 528, s 19, eff. 7/1/2021.
Acts 1993, ch. 473, § 8.
Tenn. Code Ann. § 39-17-659 — TN Code / Title 39 / Chapter 17 / Section 39-17-659
Legislative intent to preempt other regulations
Status: in_force

The general assembly, by enacting §§ 39-17-651 - 39-17-658, intends to preempt any other regulation of the area covered by §§ 39-17-651 - 39-17-658 and title 3, chapter 17. No political subdivision or agency may enact or enforce a law, ordinance, resolution, or regulation that regulates or prohibits any conduct in the area covered by §§ 39-17-651 - 39-17-658 and title 3, chapter 17. Acts 2004, ch. 476, § 9.
The general assembly, by enacting §§ 39-17-651 - 39-17-658, intends to preempt any other regulation of the area covered by §§ 39-17-651 - 39-17-658 and title 3, chapter 17. No political subdivision or agency may enact or enforce a law, ordinance, resolution, or regulation that regulates or prohibits any conduct in the area covered by §§ 39-17-651 - 39-17-658 and title 3, chapter 17.
Acts 2004, ch. 476, § 9.
Tenn. Code Ann. § 39-16-604 — TN Code / Title 39 / Chapter 16 / Section 39-16-604
Compounding of offenses
Status: in_force

(a) It is unlawful for any person to solicit, accept or agree to accept any benefit in consideration of refraining from reporting to a law enforcement officer the commission or suspected commission of an offense. (b) It is unlawful for a complaining witness to solicit, accept or agree to accept any benefit in consideration of abstaining from, discontinuing or delaying the prosecution of another for an offense. (c) It is a defense to prosecution under this section that the benefit was solicited or accepted by the victim and did not exceed an amount reasonably believed by the victim to be due as restitution or indemnification for loss caused by the offense. (d) (1) A violation of this section with respect to an offense classified as a misdemeanor is a Class A misdemeanor. (2) A violation of this section with respect to an offense classified as a felony is a Class E felony. Acts 1989, ch. 591, § 1; 1990, ch. 980, § 12.
(a) It is unlawful for any person to solicit, accept or agree to accept any benefit in consideration of refraining from reporting to a law enforcement officer the commission or suspected commission of an offense.
(b) It is unlawful for a complaining witness to solicit, accept or agree to accept any benefit in consideration of abstaining from, discontinuing or delaying the prosecution of another for an offense.
(c) It is a defense to prosecution under this section that the benefit was solicited or accepted by the victim and did not exceed an amount reasonably believed by the victim to be due as restitution or indemnification for loss caused by the offense.
(d) (1) A violation of this section with respect to an offense classified as a misdemeanor is a Class A misdemeanor. (2) A violation of this section with respect to an offense classified as a felony is a Class E felony.
(1) A violation of this section with respect to an offense classified as a misdemeanor is a Class A misdemeanor.
(2) A violation of this section with respect to an offense classified as a felony is a Class E felony.
Acts 1989, ch. 591, § 1; 1990, ch. 980, § 12.
Tenn. Code Ann. § 39-11-404 — TN Code / Title 39 / Chapter 11 / Section 39-11-404
Corporate liability
Status: in_force

(a) A corporation commits an offense when: (1) The conduct constituting the offense consists of an intentional failure to discharge a specific duty imposed upon corporations by criminal law; (2) The conduct constituting the offense is engaged in, authorized, commanded or knowingly tolerated by the board of directors or by a high managerial agent acting within the scope of the agent's employment on behalf of the corporation; or (3) The conduct constituting the offense is engaged in by an agent of the corporation acting within the scope of the agent's employment and on behalf of the corporation, and: (A) The offense is a misdemeanor; or (B) The offense is one defined by statute which indicates a legislative intent to impose criminal liability on a corporation. (b) The following definitions apply in this part, unless the context requires otherwise: (1) "Agent" means any officer, director, servant or employee of the corporation or any other person authorized to act on behalf of the corporation; and (2) "High managerial agent" means an officer of a corporation or any other agent of a corporation who has duties or such responsibility that the agent's conduct reasonably may be inferred to represent the policy of the corporation. Acts 1989, ch. 591, § 1.
(a) A corporation commits an offense when: (1) The conduct constituting the offense consists of an intentional failure to discharge a specific duty imposed upon corporations by criminal law; (2) The conduct constituting the offense is engaged in, authorized, commanded or knowingly tolerated by the board of directors or by a high managerial agent acting within the scope of the agent's employment on behalf of the corporation; or (3) The conduct constituting the offense is engaged in by an agent of the corporation acting within the scope of the agent's employment and on behalf of the corporation, and: (A) The offense is a misdemeanor; or (B) The offense is one defined by statute which indicates a legislative intent to impose criminal liability on a corporation.
(1) The conduct constituting the offense consists of an intentional failure to discharge a specific duty imposed upon corporations by criminal law;
(2) The conduct constituting the offense is engaged in, authorized, commanded or knowingly tolerated by the board of directors or by a high managerial agent acting within the scope of the agent's employment on behalf of the corporation; or
(3) The conduct constituting the offense is engaged in by an agent of the corporation acting within the scope of the agent's employment and on behalf of the corporation, and: (A) The offense is a misdemeanor; or (B) The offense is one defined by statute which indicates a legislative intent to impose criminal liability on a corporation.
(A) The offense is a misdemeanor; or
(B) The offense is one defined by statute which indicates a legislative intent to impose criminal liability on a corporation.
(b) The following definitions apply in this part, unless the context requires otherwise: (1) "Agent" means any officer, director, servant or employee of the corporation or any other person authorized to act on behalf of the corporation; and (2) "High managerial agent" means an officer of a corporation or any other agent of a corporation who has duties or such responsibility that the agent's conduct reasonably may be inferred to represent the policy of the corporation.
(1) "Agent" means any officer, director, servant or employee of the corporation or any other person authorized to act on behalf of the corporation; and
(2) "High managerial agent" means an officer of a corporation or any other agent of a corporation who has duties or such responsibility that the agent's conduct reasonably may be inferred to represent the policy of the corporation.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-318 — TN Code / Title 39 / Chapter 17 / Section 39-17-318
Unlawful exposure
Status: in_force

(a) A person commits unlawful exposure who, with the intent to cause emotional distress, distributes an image of the intimate part or parts of another identifiable person or an image of an identifiable person engaged in sexually explicit conduct if: (1) The image was photographed or recorded under circumstances where the parties agreed or understood that the image would remain private; and (2) The person depicted in the image suffers emotional distress. (b) As used in this section: (1) "Emotional distress" has the same meaning as defined in § 39-17-315 ; (2) "Identifiable person" means a person who is identifiable from the image itself or from information transmitted in connection with the image; (3) "Intimate part" means any portion of the primary genital area, buttock, or any portion of the female breast below the top of the areola that is either uncovered or visible through less than fully opaque clothing; and (4) "Sexually explicit conduct" has the same meaning as defined in § 39-13-301 . (c) Nothing in this section precludes punishment under any other section of law providing for greater punishment. (d) A violation of subsection (a) is a Class A misdemeanor. Amended by 2022 Tenn. Acts, ch. 923, s 2, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 923, s 1, eff. 7/1/2022. Added by 2016 Tenn. Acts, ch. 872, s 1, eff. 7/1/2016.
(a) A person commits unlawful exposure who, with the intent to cause emotional distress, distributes an image of the intimate part or parts of another identifiable person or an image of an identifiable person engaged in sexually explicit conduct if: (1) The image was photographed or recorded under circumstances where the parties agreed or understood that the image would remain private; and (2) The person depicted in the image suffers emotional distress.
(1) The image was photographed or recorded under circumstances where the parties agreed or understood that the image would remain private; and
(2) The person depicted in the image suffers emotional distress.
(b) As used in this section: (1) "Emotional distress" has the same meaning as defined in § 39-17-315 ; (2) "Identifiable person" means a person who is identifiable from the image itself or from information transmitted in connection with the image; (3) "Intimate part" means any portion of the primary genital area, buttock, or any portion of the female breast below the top of the areola that is either uncovered or visible through less than fully opaque clothing; and (4) "Sexually explicit conduct" has the same meaning as defined in § 39-13-301 .
(1) "Emotional distress" has the same meaning as defined in § 39-17-315 ;
(2) "Identifiable person" means a person who is identifiable from the image itself or from information transmitted in connection with the image;
(3) "Intimate part" means any portion of the primary genital area, buttock, or any portion of the female breast below the top of the areola that is either uncovered or visible through less than fully opaque clothing; and
(4) "Sexually explicit conduct" has the same meaning as defined in § 39-13-301 .
(c) Nothing in this section precludes punishment under any other section of law providing for greater punishment.
(d) A violation of subsection (a) is a Class A misdemeanor.
Amended by 2022 Tenn. Acts, ch. 923, s 2, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 923, s 1, eff. 7/1/2022.
Added by 2016 Tenn. Acts, ch. 872, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 39-17-503 — TN Code / Title 39 / Chapter 17 / Section 39-17-503
Gambling promotion
Status: in_force

(a) A person commits an offense who knowingly induces or aids another to engage in gambling, and: (1) Intends to derive or derives an economic benefit other than personal winnings from the gambling; or (2) Participates in the gambling and has, other than by virtue of skill or luck, a lesser risk of losing or greater chance of winning than one (1) or more of the other participants. (b) The offense of gambling promotion is a Class B misdemeanor. Acts 1989, ch. 591, § 1.
(a) A person commits an offense who knowingly induces or aids another to engage in gambling, and: (1) Intends to derive or derives an economic benefit other than personal winnings from the gambling; or (2) Participates in the gambling and has, other than by virtue of skill or luck, a lesser risk of losing or greater chance of winning than one (1) or more of the other participants.
(1) Intends to derive or derives an economic benefit other than personal winnings from the gambling; or
(2) Participates in the gambling and has, other than by virtue of skill or luck, a lesser risk of losing or greater chance of winning than one (1) or more of the other participants.
(b) The offense of gambling promotion is a Class B misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-11-701 — TN Code / Title 39 / Chapter 11 / Section 39-11-701
Legislative intent
Status: in_force

(a) The general assembly finds and declares that an effective means of deterring criminal acts committed for financial gain is through the forfeiture of profits and proceeds acquired and accumulated as a result of such criminal activities. (b) It is the intent of the general assembly to provide the necessary tools to law enforcement agencies and district attorneys general to punish and deter the criminal activities of professional criminals and organized crime through the unitary enforcement of effective forfeiture and penal laws. It is the intent of the general assembly, consistent with due process of law, that all property acquired and accumulated as a result of criminal offenses be forfeited to the state, and that the proceeds be used to fund further law enforcement efforts in this state. (c) It is further the intent of the general assembly to protect bona fide interest holders and innocent owners of property under this part. It is the intent of the general assembly to provide for the forfeiture of illegal profits without unduly interfering with commercially protected interests. Acts 1998, ch. 979, § 1.
(a) The general assembly finds and declares that an effective means of deterring criminal acts committed for financial gain is through the forfeiture of profits and proceeds acquired and accumulated as a result of such criminal activities.
(b) It is the intent of the general assembly to provide the necessary tools to law enforcement agencies and district attorneys general to punish and deter the criminal activities of professional criminals and organized crime through the unitary enforcement of effective forfeiture and penal laws. It is the intent of the general assembly, consistent with due process of law, that all property acquired and accumulated as a result of criminal offenses be forfeited to the state, and that the proceeds be used to fund further law enforcement efforts in this state.
(c) It is further the intent of the general assembly to protect bona fide interest holders and innocent owners of property under this part. It is the intent of the general assembly to provide for the forfeiture of illegal profits without unduly interfering with commercially protected interests.
Acts 1998, ch. 979, § 1.
Tenn. Code Ann. § 39-14-501 — TN Code / Title 39 / Chapter 14 / Section 39-14-501
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Commercial purpose" means litter discarded by a business, corporation, association, partnership, sole proprietorship, or any other entity conducting business for economic gain, or by an employee or agent of the entity; (2) "Garbage" includes putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food; (3) "Litter" includes garbage, refuse, rubbish and all other waste material, including a tobacco product as defined in § 39-17-1503 and any other item primarily designed to hold or filter a tobacco product while the tobacco is being smoked; (4) "Refuse" includes all putrescible and nonputrescible solid waste; (5) "Rubbish" includes nonputrescible solid waste consisting of both combustible and noncombustible waste; and (6) "Tire" means the continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle and includes a waste tire as defined in § 68-211-802 . Amended by 2022 Tenn. Acts, ch. 1105, s 1, eff. 7/1/2022. Acts 2007 , ch. 595, § 1.
As used in this part, unless the context otherwise requires:
(1) "Commercial purpose" means litter discarded by a business, corporation, association, partnership, sole proprietorship, or any other entity conducting business for economic gain, or by an employee or agent of the entity;
(2) "Garbage" includes putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food;
(3) "Litter" includes garbage, refuse, rubbish and all other waste material, including a tobacco product as defined in § 39-17-1503 and any other item primarily designed to hold or filter a tobacco product while the tobacco is being smoked;
(4) "Refuse" includes all putrescible and nonputrescible solid waste;
(5) "Rubbish" includes nonputrescible solid waste consisting of both combustible and noncombustible waste; and
(6) "Tire" means the continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle and includes a waste tire as defined in § 68-211-802 .
Amended by 2022 Tenn. Acts, ch. 1105, s 1, eff. 7/1/2022.
Acts 2007 , ch. 595, § 1.
Tenn. Code Ann. § 39-14-208 — TN Code / Title 39 / Chapter 14 / Section 39-14-208
Actions deemed theft of guide dogs
Status: in_force

A person who intentionally or knowingly unlawfully injures the guide dog of another and, thereby, permanently deprives the owner of the use of the guide dog's services commits theft of that animal and shall be punished under § 39-14-105 . In determining the value of the guide dog for purposes of § 39-14-105 , the court shall consider the value of the guide dog as both the cost of the dog as well as the cost of any specialized training the guide dog received. Acts 2004, ch. 957, § 2.
A person who intentionally or knowingly unlawfully injures the guide dog of another and, thereby, permanently deprives the owner of the use of the guide dog's services commits theft of that animal and shall be punished under § 39-14-105 . In determining the value of the guide dog for purposes of § 39-14-105 , the court shall consider the value of the guide dog as both the cost of the dog as well as the cost of any specialized training the guide dog received.
Acts 2004, ch. 957, § 2.
Tenn. Code Ann. § 39-11-709 — TN Code / Title 39 / Chapter 11 / Section 39-11-709
Procedure for return of property seized
Status: in_force

(a) Only an owner or interest holder may make a claim for return of property seized for forfeiture or otherwise contest the forfeiture under this part. In the event of a seizure for forfeiture under this part, the property shall not be subject to replevin, conveyance, or attachment, but is deemed to be in the custody of the seizing agency or official. (b) If after thirty (30) days from the date of the seizure of the property or the filing of a notice of lien lis pendens no administrative or civil forfeiture action has been initiated, the owner or interest holder may petition the court of record having criminal jurisdiction in the judicial district where the seizure occurred for return of the property seized or to have the notice of lien lis pendens released. The district attorney general having jurisdiction over the judicial district where the petition is filed shall be served with a copy of the petition. If no administrative or civil forfeiture action is commenced within thirty (30) days after the appropriate official has been served with the petition for return of property or release of lis pendens, then the court shall order the property be returned or the lien released. (c) The order to return property or to release a lien shall not bar any action to forfeit the property in a future proceeding, but such property may not be seized nor lien filed against the property until such time as a forfeiture proceeding seeking forfeiture of the property has been filed. At any time subsequent to the seizure of the property by the seizing agency, the attorney general may direct the return of the seized property or release any lien filed upon a determination that forfeiture proceedings would be without merit. (d) After the filing of a forfeiture action under this part, a claimant may file a motion with the court in which the action is pending for the state to show cause why the property, or any portion of the property, should not be returned or the lien released. The court shall conduct a hearing on the motion within twenty-one (21) days from the date such motion is filed. The claimant must first establish by a preponderance of the evidence that the claimant is an owner in the property seized before other evidence is taken. The claimant has the burden of establishing standing to assert the claim. If the claimant fails to establish standing to assert a claim, then the request shall be denied. If the state then proves that a probability of success on the merits of the forfeiture action exists, the court shall deny the request to return the property or release the lien. If the court finds that the state has failed to prove a probability of success on the merits of the forfeiture action, the court shall order that the property be returned or that the lien be released. If the state proves that a probability of success on the merits exists as to some portion of the property seized or upon which a lien is attached but not on other portions of the property, the court shall order that the portions upon which the state did not meet the burden of proof be returned or the lien released. Amended by 2015 Tenn. Acts, ch. 180,s 4, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 180,s 3, eff. 7/1/2015. Acts 1998, ch. 979, § 9.
(a) Only an owner or interest holder may make a claim for return of property seized for forfeiture or otherwise contest the forfeiture under this part. In the event of a seizure for forfeiture under this part, the property shall not be subject to replevin, conveyance, or attachment, but is deemed to be in the custody of the seizing agency or official.
(b) If after thirty (30) days from the date of the seizure of the property or the filing of a notice of lien lis pendens no administrative or civil forfeiture action has been initiated, the owner or interest holder may petition the court of record having criminal jurisdiction in the judicial district where the seizure occurred for return of the property seized or to have the notice of lien lis pendens released. The district attorney general having jurisdiction over the judicial district where the petition is filed shall be served with a copy of the petition. If no administrative or civil forfeiture action is commenced within thirty (30) days after the appropriate official has been served with the petition for return of property or release of lis pendens, then the court shall order the property be returned or the lien released.
(c) The order to return property or to release a lien shall not bar any action to forfeit the property in a future proceeding, but such property may not be seized nor lien filed against the property until such time as a forfeiture proceeding seeking forfeiture of the property has been filed. At any time subsequent to the seizure of the property by the seizing agency, the attorney general may direct the return of the seized property or release any lien filed upon a determination that forfeiture proceedings would be without merit.
(d) After the filing of a forfeiture action under this part, a claimant may file a motion with the court in which the action is pending for the state to show cause why the property, or any portion of the property, should not be returned or the lien released. The court shall conduct a hearing on the motion within twenty-one (21) days from the date such motion is filed. The claimant must first establish by a preponderance of the evidence that the claimant is an owner in the property seized before other evidence is taken. The claimant has the burden of establishing standing to assert the claim. If the claimant fails to establish standing to assert a claim, then the request shall be denied. If the state then proves that a probability of success on the merits of the forfeiture action exists, the court shall deny the request to return the property or release the lien. If the court finds that the state has failed to prove a probability of success on the merits of the forfeiture action, the court shall order that the property be returned or that the lien be released. If the state proves that a probability of success on the merits exists as to some portion of the property seized or upon which a lien is attached but not on other portions of the property, the court shall order that the portions upon which the state did not meet the burden of proof be returned or the lien released.
Amended by 2015 Tenn. Acts, ch. 180,s 4, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 180,s 3, eff. 7/1/2015.
Acts 1998, ch. 979, § 9.
Tenn. Code Ann. § 39-17-1401 — TN Code / Title 39 / Chapter 17 / Section 39-17-1401
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Metals recycling facility" means any business that is predominantly engaged in performing the process by which scrap, used or obsolete ferrous or nonferrous metals are converted into raw materials consisting of proper grades and having an existing or potential economic value; (2) "Motor vehicle" means any vehicle which is self-propelled; (3) "PCB-containing capacitor" means a capacitor that contains polychlorinated biphenyls and is regulated under the federal Toxic Substances Control Act ( 15 U.S.C. § 2601 et seq.); (4) "Person" means an individual, corporation, partnership, sole proprietorship or other business entity; and (5) "Scrap vehicle" means any motor vehicle that has been crushed, flattened or dismantled or that has been otherwise damaged to the extent that it cannot be economically repaired. Acts 1994, ch. 798, § 2.
As used in this part, unless the context otherwise requires:
(1) "Metals recycling facility" means any business that is predominantly engaged in performing the process by which scrap, used or obsolete ferrous or nonferrous metals are converted into raw materials consisting of proper grades and having an existing or potential economic value;
(2) "Motor vehicle" means any vehicle which is self-propelled;
(3) "PCB-containing capacitor" means a capacitor that contains polychlorinated biphenyls and is regulated under the federal Toxic Substances Control Act ( 15 U.S.C. § 2601 et seq.);
(4) "Person" means an individual, corporation, partnership, sole proprietorship or other business entity; and
(5) "Scrap vehicle" means any motor vehicle that has been crushed, flattened or dismantled or that has been otherwise damaged to the extent that it cannot be economically repaired.
Acts 1994, ch. 798, § 2.
Tenn. Code Ann. § 39-16-403 — TN Code / Title 39 / Chapter 16 / Section 39-16-403
Official oppression
Status: in_force

(a) A public servant acting under color of office or employment commits an offense who: (1) Intentionally subjects another to mistreatment or to arrest, detention, stop, frisk, halt, search, seizure, dispossession, assessment or lien when the public servant knows the conduct is unlawful; or (2) Intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity, when the public servant knows the conduct is unlawful. (b) For purposes of this section, a public servant acts under color of office or employment if the public servant acts, or purports to act, in an official capacity or takes advantage of the actual or purported capacity. (c) An offense under this section is a Class E felony. (d) Charges for official oppression may be brought only by indictment, presentment or criminal information; provided, that nothing in this section shall deny a person from pursuing other criminal charges by affidavit of complaint. Acts 1989, ch. 591, § 1; 1990, ch. 980, § 11.
(a) A public servant acting under color of office or employment commits an offense who: (1) Intentionally subjects another to mistreatment or to arrest, detention, stop, frisk, halt, search, seizure, dispossession, assessment or lien when the public servant knows the conduct is unlawful; or (2) Intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity, when the public servant knows the conduct is unlawful.
(1) Intentionally subjects another to mistreatment or to arrest, detention, stop, frisk, halt, search, seizure, dispossession, assessment or lien when the public servant knows the conduct is unlawful; or
(2) Intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity, when the public servant knows the conduct is unlawful.
(b) For purposes of this section, a public servant acts under color of office or employment if the public servant acts, or purports to act, in an official capacity or takes advantage of the actual or purported capacity.
(c) An offense under this section is a Class E felony.
(d) Charges for official oppression may be brought only by indictment, presentment or criminal information; provided, that nothing in this section shall deny a person from pursuing other criminal charges by affidavit of complaint.
Acts 1989, ch. 591, § 1; 1990, ch. 980, § 11.
Tenn. Code Ann. § 39-16-405 — TN Code / Title 39 / Chapter 16 / Section 39-16-405
Purchasing property sold through court
Status: in_force

(a) A judge, sheriff, court clerk, court officer or employee of any court commits an offense who bids or purchases, directly or indirectly, for personal reasons or for any other person, on any kind of property sold through the court for which the judge, sheriff, court clerk, court officer, or employee discharges official duties. (b) A bid or purchase in violation of subsection (a) is voidable at the option of the person aggrieved. (c) An offense under this section is a Class C misdemeanor with no incarceration permitted. Acts 1989, ch. 591, § 1.
(a) A judge, sheriff, court clerk, court officer or employee of any court commits an offense who bids or purchases, directly or indirectly, for personal reasons or for any other person, on any kind of property sold through the court for which the judge, sheriff, court clerk, court officer, or employee discharges official duties.
(b) A bid or purchase in violation of subsection (a) is voidable at the option of the person aggrieved.
(c) An offense under this section is a Class C misdemeanor with no incarceration permitted.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-13-906 — TN Code / Title 39 / Chapter 13 / Section 39-13-906
Applicability of part
Status: in_force

This part shall not apply to the manufacture, assembly, distribution, or sale of an unmanned aircraft. Added by 2014 Tenn. Acts, ch. 876,s 7, eff. 7/1/2014.
This part shall not apply to the manufacture, assembly, distribution, or sale of an unmanned aircraft.
Added by 2014 Tenn. Acts, ch. 876,s 7, eff. 7/1/2014.
Tenn. Code Ann. § 39-12-302 — TN Code / Title 39 / Chapter 12 / Section 39-12-302
Higher classification for crime of force or violence when acting in concert
Status: in_force

(a) A crime of force or violence committed while acting in concert with two (2) or more other persons shall be classified one (1) classification higher than if it was committed alone. (b) The indictment shall charge that the offense was committed while acting in concert with two (2) or more other persons. Acts 2012, ch. 725, § 3.
(a) A crime of force or violence committed while acting in concert with two (2) or more other persons shall be classified one (1) classification higher than if it was committed alone.
(b) The indictment shall charge that the offense was committed while acting in concert with two (2) or more other persons.
Acts 2012, ch. 725, § 3.
Tenn. Code Ann. § 39-16-608 — TN Code / Title 39 / Chapter 16 / Section 39-16-608
Implements for escape
Status: in_force

(a) It is unlawful for any person, with intent to facilitate escape, to introduce into a penal institution, or provide an inmate with, anything that may be useful for the inmate's escape. (b) A violation of this section is a Class D felony. Acts 1989, ch. 591, § 1.
(a) It is unlawful for any person, with intent to facilitate escape, to introduce into a penal institution, or provide an inmate with, anything that may be useful for the inmate's escape.
(b) A violation of this section is a Class D felony.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-14-801 — TN Code / Title 39 / Chapter 14 / Section 39-14-801
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Farm Animal and Research Facilities Protection Act." Acts 1992, ch. 782, § 2.
This part shall be known and may be cited as the "Tennessee Farm Animal and Research Facilities Protection Act."
Acts 1992, ch. 782, § 2.
Tenn. Code Ann. § 39-17-1605 — TN Code / Title 39 / Chapter 17 / Section 39-17-1605
"No smoking" signs - Posting notice
Status: in_force

(a) "No Smoking" signs, or the international "No Smoking" symbol, which consists of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it, shall be prominently posted and properly maintained on each main building entrance where smoking is regulated by this part. The "No Smoking" signs or "No Smoking" symbols shall be prominently displayed throughout the building to ensure that the public is aware of the restriction. (b) The following notice shall be prominently posted, including at each ticket booth, for elementary or secondary school sporting events: "Smoking is prohibited by law in seating areas and in restrooms." Acts 1995, ch. 455, § 5.
(a) "No Smoking" signs, or the international "No Smoking" symbol, which consists of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it, shall be prominently posted and properly maintained on each main building entrance where smoking is regulated by this part. The "No Smoking" signs or "No Smoking" symbols shall be prominently displayed throughout the building to ensure that the public is aware of the restriction.
(b) The following notice shall be prominently posted, including at each ticket booth, for elementary or secondary school sporting events: "Smoking is prohibited by law in seating areas and in restrooms."
"Smoking is prohibited by law in seating areas and in restrooms."
Acts 1995, ch. 455, § 5.
Tenn. Code Ann. § 39-14-413 — TN Code / Title 39 / Chapter 14 / Section 39-14-413
Throwing, shooting, etc., object, missile, etc., at trains, buses, motorcycles, vessels, etc
Status: in_force

(a) It is an offense for a person to intentionally throw, hurl or project a stone or other hard substance, or shoot a missile, at a train, locomotive, railway car, caboose, street railway car, bus, motorcycle, steam vessel or other watercraft used for carrying passengers or freight on any of the waters within or bordering on this state. (b) A violation of subsection (a) is a Class B misdemeanor. Acts 1992, ch. 691, § 1.
(a) It is an offense for a person to intentionally throw, hurl or project a stone or other hard substance, or shoot a missile, at a train, locomotive, railway car, caboose, street railway car, bus, motorcycle, steam vessel or other watercraft used for carrying passengers or freight on any of the waters within or bordering on this state.
(b) A violation of subsection (a) is a Class B misdemeanor.
Acts 1992, ch. 691, § 1.
Tenn. Code Ann. § 39-17-1312 — TN Code / Title 39 / Chapter 17 / Section 39-17-1312
Inaction by persons eighteen (18)
Status: in_force

(a) It is an offense if a person eighteen (18) years of age or older, including a parent or other legal guardian, knows that a minor or student is in illegal possession of a firearm in or upon the premises of a public or private school, in or on the school's athletic stadium or other facility or building where school sponsored athletic events are conducted, or public park, playground or civic center, and the person, parent or guardian fails to prevent the possession or fails to report it to the appropriate school or law enforcement officials. (b) A violation of this section is a Class A misdemeanor. Acts 1992, ch. 907, § 1; 1999, ch. 309, § 1.
(a) It is an offense if a person eighteen (18) years of age or older, including a parent or other legal guardian, knows that a minor or student is in illegal possession of a firearm in or upon the premises of a public or private school, in or on the school's athletic stadium or other facility or building where school sponsored athletic events are conducted, or public park, playground or civic center, and the person, parent or guardian fails to prevent the possession or fails to report it to the appropriate school or law enforcement officials.
(b) A violation of this section is a Class A misdemeanor.
Acts 1992, ch. 907, § 1; 1999, ch. 309, § 1.
Tenn. Code Ann. § 39-17-918 — TN Code / Title 39 / Chapter 17 / Section 39-17-918
Massage or exposure of erogenous areas
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Compensation" means payment, loan, advance, contribution, deposit, or gift of money or anything of value; (2) "Erogenous area" means the pubic area, penis, scrotum, vulva, vagina, perineum, anus or breast; (3) "Massage" means the art of body massage, by hand or with a mechanical or vibratory device, for the purpose of massaging, reducing, or contouring the body, and may include the use of oil rubs, heat lamps, hot and cold packs, tub, shower or cabinet baths. The procedures involved include, but are not limited to, touching, stroking, kneading, friction, vibration, percussion and medical gymnastics; and (4) "Masseur" or "masseuse" means a person engaged in the activities set forth in subdivision (a)(3). (b) It is unlawful for a masseur or masseuse to expose the masseur's or masseuse's erogenous area for compensation or to touch with any part of the masseur's or masseuse's body, or fondle in any manner or massage an erogenous area for compensation. This section shall not apply to any person authorized by the laws of this state to practice any branch of medicine, surgery, osteopathy, chiropractic or chiropody, any person holding a drugless practitioner's certificate or any person licensed as a physical therapist, while such person is acting within the scope of the license. (c) A violation of this section is a Class A misdemeanor. Acts 1989, ch. 591, § 1.
(a) As used in this section, unless the context otherwise requires: (1) "Compensation" means payment, loan, advance, contribution, deposit, or gift of money or anything of value; (2) "Erogenous area" means the pubic area, penis, scrotum, vulva, vagina, perineum, anus or breast; (3) "Massage" means the art of body massage, by hand or with a mechanical or vibratory device, for the purpose of massaging, reducing, or contouring the body, and may include the use of oil rubs, heat lamps, hot and cold packs, tub, shower or cabinet baths. The procedures involved include, but are not limited to, touching, stroking, kneading, friction, vibration, percussion and medical gymnastics; and (4) "Masseur" or "masseuse" means a person engaged in the activities set forth in subdivision (a)(3).
(1) "Compensation" means payment, loan, advance, contribution, deposit, or gift of money or anything of value;
(2) "Erogenous area" means the pubic area, penis, scrotum, vulva, vagina, perineum, anus or breast;
(3) "Massage" means the art of body massage, by hand or with a mechanical or vibratory device, for the purpose of massaging, reducing, or contouring the body, and may include the use of oil rubs, heat lamps, hot and cold packs, tub, shower or cabinet baths. The procedures involved include, but are not limited to, touching, stroking, kneading, friction, vibration, percussion and medical gymnastics; and
(4) "Masseur" or "masseuse" means a person engaged in the activities set forth in subdivision (a)(3).
(b) It is unlawful for a masseur or masseuse to expose the masseur's or masseuse's erogenous area for compensation or to touch with any part of the masseur's or masseuse's body, or fondle in any manner or massage an erogenous area for compensation. This section shall not apply to any person authorized by the laws of this state to practice any branch of medicine, surgery, osteopathy, chiropractic or chiropody, any person holding a drugless practitioner's certificate or any person licensed as a physical therapist, while such person is acting within the scope of the license.
(c) A violation of this section is a Class A misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-1310 — TN Code / Title 39 / Chapter 17 / Section 39-17-1310
Affirmative defense to carrying weapons on school property
Status: in_force

It is an affirmative defense to prosecution under § 39-17-1309(a)-(d) that the person's behavior was in strict compliance with the requirements of one (1) of the following classifications: (1) A person hunting during the lawful hunting season on lands owned by any public or private educational institution and designated as open to hunting by the administrator of the educational institution; (2) A person possessing unloaded hunting weapons while transversing the grounds of any public or private educational institution for the purpose of gaining access to public or private lands open to hunting with the intent to hunt on the public or private lands unless the lands of the educational institution are posted prohibiting entry; (3) A person possessing guns or knives when conducting or attending "gun and knife shows" and the program has been approved by the administrator of the educational institution; or (4) A person entering the property for the sole purpose of delivering or picking up passengers and who does not remove, utilize or allow to be removed or utilized any weapon from the vehicle. Acts 1989, ch. 591, § 1; 1991, ch. 510, § 4.
It is an affirmative defense to prosecution under § 39-17-1309(a)-(d) that the person's behavior was in strict compliance with the requirements of one (1) of the following classifications:
(1) A person hunting during the lawful hunting season on lands owned by any public or private educational institution and designated as open to hunting by the administrator of the educational institution;
(2) A person possessing unloaded hunting weapons while transversing the grounds of any public or private educational institution for the purpose of gaining access to public or private lands open to hunting with the intent to hunt on the public or private lands unless the lands of the educational institution are posted prohibiting entry;
(3) A person possessing guns or knives when conducting or attending "gun and knife shows" and the program has been approved by the administrator of the educational institution; or
(4) A person entering the property for the sole purpose of delivering or picking up passengers and who does not remove, utilize or allow to be removed or utilized any weapon from the vehicle.
Acts 1989, ch. 591, § 1; 1991, ch. 510, § 4.