Tenn. Code Ann. § 39-17-1315 — TN Code / Title 39 / Chapter 17 / Section 39-17-1315
Written directive and permit to carry handguns
Status: in_force

(a) (1) (A) The following persons may carry handguns at all times pursuant to a written directive by the executive supervisor of the organization to which the person is or was attached or employed, regardless of the person's regular duty hours or assignments: (i) Any law enforcement officer, police officer, bonded and sworn deputy sheriff, director, commissioner, county magistrate or retired law enforcement officer who is bonded and who, at the time of receiving the written directive, has successfully completed and, except for a law enforcement officer who has retired in good standing as certified by the chief law enforcement officer of the organization from which the officer retired, continues to successfully complete on an annual basis a firearm training program of at least eight (8) hours duration; (ii) Any director or full-time employee of the Tennessee emergency management agency in the performance of the director's or employee's duty; (iii) Any duly authorized representative or full-time employee of the department of correction who has been specifically designated by the commissioner of the department to execute warrants issued pursuant to § 40-28-121 or § 40-35-311 or to perform such other duties as specifically designated by the commissioner; or (iv) Any other officer or person authorized to carry handguns by this, or any other law of this state. (B) A copy of the written directive shall be retained as a portion of the records of the particular law enforcement agency that shall issue the directive. Nothing in this subdivision (a)(1) shall prevent federal officers from carrying firearms as prescribed by federal law. (2) (A) Any duly elected and sworn constable in any county having a population of not less than eleven thousand one hundred (11,100) nor more than eleven thousand two hundred (11,200), according to the 1970 federal census or any subsequent federal census, and being a county in which constables retain law enforcement powers and duties under §§ 8-10-108 , 40-6-210 , 55-8-152 , 57-5-202 and 57-9-101 , are authorized to and may carry handguns at all times and may equip their vehicles with blue and red lights and sirens. The sheriff of such county shall issue a written directive or permit authorizing the constables to carry a handgun; provided, that each constable has completed the same eight-hour annual firearm training program as is required by this subsection (a). (B) The county commission may, by a two-thirds (2/3) vote, require the constable to have in effect a liability policy or a corporate surety bond in an amount of not less than fifty thousand dollars ($50,000). (b) (1) An individual, corporation or business entity is authorized to prohibit the possession of weapons by employees otherwise authorized by this subsection (b) on premises owned, operated or managed by the individual, corporation or business entity. Notice of the prohibition shall be posted or otherwise noticed to all affected employees. (2) An individual, corporation, business entity or governmental entity or agent thereof is authorized to prohibit possession of weapons by any person otherwise authorized by this subsection (b), at meetings conducted by, or on premises owned, operated, managed or under control of the individual, corporation, business entity or governmental entity. Notice of the prohibition shall be posted or announced. Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 10; 1993, ch. 471, §§ 2, 4; 1994, ch. 943, §§ 2-9, 11-13; 1995, ch. 434, § 1; 1996, ch. 905, § 1; 1999, ch. 498, § 1; 2003, ch. 144, § 1; 2007, ch. 318, § 1; 2007, ch. 586, § 3; 2012, ch. 727, § 8.
(a) (1) (A) The following persons may carry handguns at all times pursuant to a written directive by the executive supervisor of the organization to which the person is or was attached or employed, regardless of the person's regular duty hours or assignments: (i) Any law enforcement officer, police officer, bonded and sworn deputy sheriff, director, commissioner, county magistrate or retired law enforcement officer who is bonded and who, at the time of receiving the written directive, has successfully completed and, except for a law enforcement officer who has retired in good standing as certified by the chief law enforcement officer of the organization from which the officer retired, continues to successfully complete on an annual basis a firearm training program of at least eight (8) hours duration; (ii) Any director or full-time employee of the Tennessee emergency management agency in the performance of the director's or employee's duty; (iii) Any duly authorized representative or full-time employee of the department of correction who has been specifically designated by the commissioner of the department to execute warrants issued pursuant to § 40-28-121 or § 40-35-311 or to perform such other duties as specifically designated by the commissioner; or (iv) Any other officer or person authorized to carry handguns by this, or any other law of this state. (B) A copy of the written directive shall be retained as a portion of the records of the particular law enforcement agency that shall issue the directive. Nothing in this subdivision (a)(1) shall prevent federal officers from carrying firearms as prescribed by federal law. (2) (A) Any duly elected and sworn constable in any county having a population of not less than eleven thousand one hundred (11,100) nor more than eleven thousand two hundred (11,200), according to the 1970 federal census or any subsequent federal census, and being a county in which constables retain law enforcement powers and duties under §§ 8-10-108 , 40-6-210 , 55-8-152 , 57-5-202 and 57-9-101 , are authorized to and may carry handguns at all times and may equip their vehicles with blue and red lights and sirens. The sheriff of such county shall issue a written directive or permit authorizing the constables to carry a handgun; provided, that each constable has completed the same eight-hour annual firearm training program as is required by this subsection (a). (B) The county commission may, by a two-thirds (2/3) vote, require the constable to have in effect a liability policy or a corporate surety bond in an amount of not less than fifty thousand dollars ($50,000).
(1) (A) The following persons may carry handguns at all times pursuant to a written directive by the executive supervisor of the organization to which the person is or was attached or employed, regardless of the person's regular duty hours or assignments: (i) Any law enforcement officer, police officer, bonded and sworn deputy sheriff, director, commissioner, county magistrate or retired law enforcement officer who is bonded and who, at the time of receiving the written directive, has successfully completed and, except for a law enforcement officer who has retired in good standing as certified by the chief law enforcement officer of the organization from which the officer retired, continues to successfully complete on an annual basis a firearm training program of at least eight (8) hours duration; (ii) Any director or full-time employee of the Tennessee emergency management agency in the performance of the director's or employee's duty; (iii) Any duly authorized representative or full-time employee of the department of correction who has been specifically designated by the commissioner of the department to execute warrants issued pursuant to § 40-28-121 or § 40-35-311 or to perform such other duties as specifically designated by the commissioner; or (iv) Any other officer or person authorized to carry handguns by this, or any other law of this state. (B) A copy of the written directive shall be retained as a portion of the records of the particular law enforcement agency that shall issue the directive. Nothing in this subdivision (a)(1) shall prevent federal officers from carrying firearms as prescribed by federal law.
(A) The following persons may carry handguns at all times pursuant to a written directive by the executive supervisor of the organization to which the person is or was attached or employed, regardless of the person's regular duty hours or assignments: (i) Any law enforcement officer, police officer, bonded and sworn deputy sheriff, director, commissioner, county magistrate or retired law enforcement officer who is bonded and who, at the time of receiving the written directive, has successfully completed and, except for a law enforcement officer who has retired in good standing as certified by the chief law enforcement officer of the organization from which the officer retired, continues to successfully complete on an annual basis a firearm training program of at least eight (8) hours duration; (ii) Any director or full-time employee of the Tennessee emergency management agency in the performance of the director's or employee's duty; (iii) Any duly authorized representative or full-time employee of the department of correction who has been specifically designated by the commissioner of the department to execute warrants issued pursuant to § 40-28-121 or § 40-35-311 or to perform such other duties as specifically designated by the commissioner; or (iv) Any other officer or person authorized to carry handguns by this, or any other law of this state.
(i) Any law enforcement officer, police officer, bonded and sworn deputy sheriff, director, commissioner, county magistrate or retired law enforcement officer who is bonded and who, at the time of receiving the written directive, has successfully completed and, except for a law enforcement officer who has retired in good standing as certified by the chief law enforcement officer of the organization from which the officer retired, continues to successfully complete on an annual basis a firearm training program of at least eight (8) hours duration;
(ii) Any director or full-time employee of the Tennessee emergency management agency in the performance of the director's or employee's duty;
(iii) Any duly authorized representative or full-time employee of the department of correction who has been specifically designated by the commissioner of the department to execute warrants issued pursuant to § 40-28-121 or § 40-35-311 or to perform such other duties as specifically designated by the commissioner; or
(iv) Any other officer or person authorized to carry handguns by this, or any other law of this state.
(B) A copy of the written directive shall be retained as a portion of the records of the particular law enforcement agency that shall issue the directive. Nothing in this subdivision (a)(1) shall prevent federal officers from carrying firearms as prescribed by federal law.
(2) (A) Any duly elected and sworn constable in any county having a population of not less than eleven thousand one hundred (11,100) nor more than eleven thousand two hundred (11,200), according to the 1970 federal census or any subsequent federal census, and being a county in which constables retain law enforcement powers and duties under §§ 8-10-108 , 40-6-210 , 55-8-152 , 57-5-202 and 57-9-101 , are authorized to and may carry handguns at all times and may equip their vehicles with blue and red lights and sirens. The sheriff of such county shall issue a written directive or permit authorizing the constables to carry a handgun; provided, that each constable has completed the same eight-hour annual firearm training program as is required by this subsection (a). (B) The county commission may, by a two-thirds (2/3) vote, require the constable to have in effect a liability policy or a corporate surety bond in an amount of not less than fifty thousand dollars ($50,000).
(A) Any duly elected and sworn constable in any county having a population of not less than eleven thousand one hundred (11,100) nor more than eleven thousand two hundred (11,200), according to the 1970 federal census or any subsequent federal census, and being a county in which constables retain law enforcement powers and duties under §§ 8-10-108 , 40-6-210 , 55-8-152 , 57-5-202 and 57-9-101 , are authorized to and may carry handguns at all times and may equip their vehicles with blue and red lights and sirens. The sheriff of such county shall issue a written directive or permit authorizing the constables to carry a handgun; provided, that each constable has completed the same eight-hour annual firearm training program as is required by this subsection (a).
(B) The county commission may, by a two-thirds (2/3) vote, require the constable to have in effect a liability policy or a corporate surety bond in an amount of not less than fifty thousand dollars ($50,000).
(b) (1) An individual, corporation or business entity is authorized to prohibit the possession of weapons by employees otherwise authorized by this subsection (b) on premises owned, operated or managed by the individual, corporation or business entity. Notice of the prohibition shall be posted or otherwise noticed to all affected employees. (2) An individual, corporation, business entity or governmental entity or agent thereof is authorized to prohibit possession of weapons by any person otherwise authorized by this subsection (b), at meetings conducted by, or on premises owned, operated, managed or under control of the individual, corporation, business entity or governmental entity. Notice of the prohibition shall be posted or announced.
(1) An individual, corporation or business entity is authorized to prohibit the possession of weapons by employees otherwise authorized by this subsection (b) on premises owned, operated or managed by the individual, corporation or business entity. Notice of the prohibition shall be posted or otherwise noticed to all affected employees.
(2) An individual, corporation, business entity or governmental entity or agent thereof is authorized to prohibit possession of weapons by any person otherwise authorized by this subsection (b), at meetings conducted by, or on premises owned, operated, managed or under control of the individual, corporation, business entity or governmental entity. Notice of the prohibition shall be posted or announced.
Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 10; 1993, ch. 471, §§ 2, 4; 1994, ch. 943, §§ 2-9, 11-13; 1995, ch. 434, § 1; 1996, ch. 905, § 1; 1999, ch. 498, § 1; 2003, ch. 144, § 1; 2007, ch. 318, § 1; 2007, ch. 586, § 3; 2012, ch. 727, § 8.
Tenn. Code Ann. § 39-14-307 — TN Code / Title 39 / Chapter 14 / Section 39-14-307
Forfeiture
Status: in_force

All vehicles or property used by the sole owner in the commission of an offense under § 39-14-301 , § 39-14-302 , § 39-14-303 or § 39-14-304 , and anything of value received as compensation for the commission of the offense are subject to forfeiture. Acts 1989, ch. 591, § 1.
All vehicles or property used by the sole owner in the commission of an offense under § 39-14-301 , § 39-14-302 , § 39-14-303 or § 39-14-304 , and anything of value received as compensation for the commission of the offense are subject to forfeiture.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-603 — TN Code / Title 39 / Chapter 17 / Section 39-17-603
Delinquent acts
Status: in_force

(a) It is a delinquent act for a person under eighteen (18) years of age to purchase, or attempt to purchase, a state lottery ticket or share. (b) It is a delinquent act for a person under eighteen (18) years of age to redeem, or attempt to redeem, a state lottery ticket or share. (c) A violation of this section is punishable by a fine not to exceed fifty dollars ($50.00) or, in the discretion of the court, community service work not less than twenty (20) hours nor more than fifty (50) hours. (d) This section shall not be construed as prohibiting any person under eighteen (18) years of age from handling or transporting state lottery tickets or shares as a part of and in the course of the person's employment; provided, however, that the person is under the supervision of another employee who is at least twenty-one (21) years of age. Acts 2003, ch. 297, § 8.
(a) It is a delinquent act for a person under eighteen (18) years of age to purchase, or attempt to purchase, a state lottery ticket or share.
(b) It is a delinquent act for a person under eighteen (18) years of age to redeem, or attempt to redeem, a state lottery ticket or share.
(c) A violation of this section is punishable by a fine not to exceed fifty dollars ($50.00) or, in the discretion of the court, community service work not less than twenty (20) hours nor more than fifty (50) hours.
(d) This section shall not be construed as prohibiting any person under eighteen (18) years of age from handling or transporting state lottery tickets or shares as a part of and in the course of the person's employment; provided, however, that the person is under the supervision of another employee who is at least twenty-one (21) years of age.
Acts 2003, ch. 297, § 8.
Tenn. Code Ann. § 39-17-1510 — TN Code / Title 39 / Chapter 17 / Section 39-17-1510
Criminal penalties
Status: in_force

A person who violates § 39-17-1504 , § 39-17-1506 , § 39-17-1507 , or § 39-17-1508 commits a Class C misdemeanor. Acts 1999, ch. 354, § 13.
A person who violates § 39-17-1504 , § 39-17-1506 , § 39-17-1507 , or § 39-17-1508 commits a Class C misdemeanor.
Acts 1999, ch. 354, § 13.
Tenn. Code Ann. § 39-17-1363 — TN Code / Title 39 / Chapter 17 / Section 39-17-1363
Offense of owning, possessing, or having custody or control of a potentially vicious dog or a vicious dog
Status: in_force

(a) For purposes of this section: (1) "Potentially vicious dog" means a dog that may reasonably be assumed to pose a threat to public safety as demonstrated by any of the following behaviors: (A) When unprovoked and off the property of the owner or keeper of the dog, inflicts a bite causing bodily injury, as defined in § 39-11-106 , to a person or domestic animal; or (B) When unprovoked and off the property of the owner or keeper of the dog, on two (2) or more separate occasions, chases, menaces or approaches a person or domestic animal in an aggressive manner or apparent attitude of attack; (2) "Vicious dog" means any dog that without provocation and off the property of the owner or keeper of the dog, has attacked a person causing death or serious bodily injury, as defined by § 39-11-106 , to such person; and (3) "Violent felony" means: (A) Any felony involving the use or attempted use of force, violence or a deadly weapon; (B) A violation of § 39-17-417 , § 39-17-433 or § 39-17-435 ; or (C) A violation of § 39-14-203(a)(1)-(3) , § 39-14-205 , § 39-14-212 or § 39-14-214 . (b) It is an offense for any person convicted of a violent felony to knowingly own, possess, have custody or control of a potentially vicious dog or a vicious dog for a period of ten (10) years after such person has been released from custody following completion of sentence or is no longer under active probation, community correction or parole supervision for such violent felony, whichever date is later. (c) It is an offense for any person convicted of a violent felony to own, possess, or have custody or control of a dog that: (1) Is not micro chipped for permanent identification; and (2) Is not spayed or neutered and is older than twelve (12) weeks of age. (d) A violation of this section is a Class A misdemeanor. (e) (1) It is an affirmative defense to prosecution under subsection (c), which must be proven by a preponderance of the evidence, that the dog in question is microchipped and neutered or spayed, or that the dog in question was microchipped and neutered or spayed within thirty (30) days of the defendant being charged with a violation of this section. (2) Medical records from, or a certificate by, a person who is licensed by the person's state of residence as a doctor of veterinary medicine, whose license is in good standing and who has personally examined, inserted a microchip in, or operated upon the dog, indicating that the dog in question has been microchipped or spayed or neutered, shall be sufficient evidence that the dog in question has been microchipped or spayed or neutered. (3) If the dog in question is microchipped by a different doctor than the doctor who spayed or neutered the dog, medical records or a certificate indicating that both procedures have been performed are required for purposes of this defense. (f) This section shall only apply if a person's conviction for a violent felony occurs on or after July 1, 2010. Acts 2010, ch. 949, § 1.
(a) For purposes of this section: (1) "Potentially vicious dog" means a dog that may reasonably be assumed to pose a threat to public safety as demonstrated by any of the following behaviors: (A) When unprovoked and off the property of the owner or keeper of the dog, inflicts a bite causing bodily injury, as defined in § 39-11-106 , to a person or domestic animal; or (B) When unprovoked and off the property of the owner or keeper of the dog, on two (2) or more separate occasions, chases, menaces or approaches a person or domestic animal in an aggressive manner or apparent attitude of attack; (2) "Vicious dog" means any dog that without provocation and off the property of the owner or keeper of the dog, has attacked a person causing death or serious bodily injury, as defined by § 39-11-106 , to such person; and (3) "Violent felony" means: (A) Any felony involving the use or attempted use of force, violence or a deadly weapon; (B) A violation of § 39-17-417 , § 39-17-433 or § 39-17-435 ; or (C) A violation of § 39-14-203(a)(1)-(3) , § 39-14-205 , § 39-14-212 or § 39-14-214 .
(1) "Potentially vicious dog" means a dog that may reasonably be assumed to pose a threat to public safety as demonstrated by any of the following behaviors: (A) When unprovoked and off the property of the owner or keeper of the dog, inflicts a bite causing bodily injury, as defined in § 39-11-106 , to a person or domestic animal; or (B) When unprovoked and off the property of the owner or keeper of the dog, on two (2) or more separate occasions, chases, menaces or approaches a person or domestic animal in an aggressive manner or apparent attitude of attack;
(A) When unprovoked and off the property of the owner or keeper of the dog, inflicts a bite causing bodily injury, as defined in § 39-11-106 , to a person or domestic animal; or
(B) When unprovoked and off the property of the owner or keeper of the dog, on two (2) or more separate occasions, chases, menaces or approaches a person or domestic animal in an aggressive manner or apparent attitude of attack;
(2) "Vicious dog" means any dog that without provocation and off the property of the owner or keeper of the dog, has attacked a person causing death or serious bodily injury, as defined by § 39-11-106 , to such person; and
(3) "Violent felony" means: (A) Any felony involving the use or attempted use of force, violence or a deadly weapon; (B) A violation of § 39-17-417 , § 39-17-433 or § 39-17-435 ; or (C) A violation of § 39-14-203(a)(1)-(3) , § 39-14-205 , § 39-14-212 or § 39-14-214 .
(A) Any felony involving the use or attempted use of force, violence or a deadly weapon;
(B) A violation of § 39-17-417 , § 39-17-433 or § 39-17-435 ; or
(C) A violation of § 39-14-203(a)(1)-(3) , § 39-14-205 , § 39-14-212 or § 39-14-214 .
(b) It is an offense for any person convicted of a violent felony to knowingly own, possess, have custody or control of a potentially vicious dog or a vicious dog for a period of ten (10) years after such person has been released from custody following completion of sentence or is no longer under active probation, community correction or parole supervision for such violent felony, whichever date is later.
(c) It is an offense for any person convicted of a violent felony to own, possess, or have custody or control of a dog that: (1) Is not micro chipped for permanent identification; and (2) Is not spayed or neutered and is older than twelve (12) weeks of age.
(1) Is not micro chipped for permanent identification; and
(2) Is not spayed or neutered and is older than twelve (12) weeks of age.
(d) A violation of this section is a Class A misdemeanor.
(e) (1) It is an affirmative defense to prosecution under subsection (c), which must be proven by a preponderance of the evidence, that the dog in question is microchipped and neutered or spayed, or that the dog in question was microchipped and neutered or spayed within thirty (30) days of the defendant being charged with a violation of this section. (2) Medical records from, or a certificate by, a person who is licensed by the person's state of residence as a doctor of veterinary medicine, whose license is in good standing and who has personally examined, inserted a microchip in, or operated upon the dog, indicating that the dog in question has been microchipped or spayed or neutered, shall be sufficient evidence that the dog in question has been microchipped or spayed or neutered. (3) If the dog in question is microchipped by a different doctor than the doctor who spayed or neutered the dog, medical records or a certificate indicating that both procedures have been performed are required for purposes of this defense.
(1) It is an affirmative defense to prosecution under subsection (c), which must be proven by a preponderance of the evidence, that the dog in question is microchipped and neutered or spayed, or that the dog in question was microchipped and neutered or spayed within thirty (30) days of the defendant being charged with a violation of this section.
(2) Medical records from, or a certificate by, a person who is licensed by the person's state of residence as a doctor of veterinary medicine, whose license is in good standing and who has personally examined, inserted a microchip in, or operated upon the dog, indicating that the dog in question has been microchipped or spayed or neutered, shall be sufficient evidence that the dog in question has been microchipped or spayed or neutered.
(3) If the dog in question is microchipped by a different doctor than the doctor who spayed or neutered the dog, medical records or a certificate indicating that both procedures have been performed are required for purposes of this defense.
(f) This section shall only apply if a person's conviction for a violent felony occurs on or after July 1, 2010.
Acts 2010, ch. 949, § 1.
Tenn. Code Ann. § 39-16-302 — TN Code / Title 39 / Chapter 16 / Section 39-16-302
Impersonation of licensed professional
Status: in_force

(a) It is unlawful for any person who is not licensed to do so, to practice or pretend to be licensed to practice a profession for which a license certifying the qualifications of the licensee to practice the profession is required. (b) A violation of this section is a Class E felony. Acts 1989, ch. 591, § 1.
(a) It is unlawful for any person who is not licensed to do so, to practice or pretend to be licensed to practice a profession for which a license certifying the qualifications of the licensee to practice the profession is required.
(b) A violation of this section is a Class E felony.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-13-109 — TN Code / Title 39 / Chapter 13 / Section 39-13-109
Criminal exposure to HIV, HBV, HCV - Defenses - Penalty
Status: in_force

(a) A person commits the offense of criminal exposure of another to human immunodeficiency virus (HIV), to hepatitis B virus (HBV), or to hepatitis C virus (HCV) when, knowing that the person is infected with HIV, with HBV, or with HCV, the person knowingly: (1) Engages in intimate contact with another; (2) Transfers, donates, or provides blood, tissue, semen, organs, or other potentially infectious body fluids or parts for transfusion, transplantation, insemination, or other administration to another in any manner that presents a significant risk of HIV, HBV or HCV transmission; or (3) Dispenses, delivers, exchanges, sells, or in any other way transfers to another any nonsterile intravenous or intramuscular drug paraphernalia. (b) As used in this section: (1) "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome; (2) "Intimate contact with another" means the exposure of the body of one person to a bodily fluid of another person in any manner that presents a significant risk of HIV, HBV or HCV transmission; and (3) "Intravenous or intramuscular drug paraphernalia" means any equipment, product, or material of any kind that is peculiar to and marketed for use in injecting a substance into the human body. (c) (1) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the person exposed to HIV knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and gave advance consent to the action with that knowledge. (2) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the person exposed to HBV knew that the infected person was infected with HBV, knew that the action could result in infection with HBV, and gave advance consent to the action with that knowledge. (3) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the person exposed to HCV knew that the infected person was infected with HCV, knew that the action could result in infection with HCV, and gave advance consent to the action with that knowledge. (d) (1) Nothing in this section shall be construed to require the actual transmission of HIV in order for a person to have committed the offense of criminal exposure of another to HIV. (2) Nothing in this section shall be construed to require the actual transmission of HBV in order for a person to have committed the offense of criminal exposure to HBV. (3) Nothing in this section shall be construed to require the actual transmission of HCV in order for a person to have committed the offense of criminal exposure to HCV. (e) (1) Criminal exposure of another to HIV is a Class C felony. (2) Criminal exposure of another to HBV or HCV is a Class A misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), restitution to the victim or victims, or both a fine and restitution. The clerk shall transmit all money collected from a fine imposed for a violation of this section to the criminal injuries compensation fund created pursuant to § 40-24-107 . In addition, a victim of criminal exposure HBV or HCV may maintain an action for the expenses and the actual loss of service resulting from such exposure. Acts 1994, ch. 952, § 2; 2011, ch. 185, §§ 1-7.
(a) A person commits the offense of criminal exposure of another to human immunodeficiency virus (HIV), to hepatitis B virus (HBV), or to hepatitis C virus (HCV) when, knowing that the person is infected with HIV, with HBV, or with HCV, the person knowingly: (1) Engages in intimate contact with another; (2) Transfers, donates, or provides blood, tissue, semen, organs, or other potentially infectious body fluids or parts for transfusion, transplantation, insemination, or other administration to another in any manner that presents a significant risk of HIV, HBV or HCV transmission; or (3) Dispenses, delivers, exchanges, sells, or in any other way transfers to another any nonsterile intravenous or intramuscular drug paraphernalia.
(1) Engages in intimate contact with another;
(2) Transfers, donates, or provides blood, tissue, semen, organs, or other potentially infectious body fluids or parts for transfusion, transplantation, insemination, or other administration to another in any manner that presents a significant risk of HIV, HBV or HCV transmission; or
(3) Dispenses, delivers, exchanges, sells, or in any other way transfers to another any nonsterile intravenous or intramuscular drug paraphernalia.
(b) As used in this section: (1) "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome; (2) "Intimate contact with another" means the exposure of the body of one person to a bodily fluid of another person in any manner that presents a significant risk of HIV, HBV or HCV transmission; and (3) "Intravenous or intramuscular drug paraphernalia" means any equipment, product, or material of any kind that is peculiar to and marketed for use in injecting a substance into the human body.
(1) "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome;
(2) "Intimate contact with another" means the exposure of the body of one person to a bodily fluid of another person in any manner that presents a significant risk of HIV, HBV or HCV transmission; and
(3) "Intravenous or intramuscular drug paraphernalia" means any equipment, product, or material of any kind that is peculiar to and marketed for use in injecting a substance into the human body.
(c) (1) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the person exposed to HIV knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and gave advance consent to the action with that knowledge. (2) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the person exposed to HBV knew that the infected person was infected with HBV, knew that the action could result in infection with HBV, and gave advance consent to the action with that knowledge. (3) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the person exposed to HCV knew that the infected person was infected with HCV, knew that the action could result in infection with HCV, and gave advance consent to the action with that knowledge.
(1) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the person exposed to HIV knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and gave advance consent to the action with that knowledge.
(2) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the person exposed to HBV knew that the infected person was infected with HBV, knew that the action could result in infection with HBV, and gave advance consent to the action with that knowledge.
(3) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the person exposed to HCV knew that the infected person was infected with HCV, knew that the action could result in infection with HCV, and gave advance consent to the action with that knowledge.
(d) (1) Nothing in this section shall be construed to require the actual transmission of HIV in order for a person to have committed the offense of criminal exposure of another to HIV. (2) Nothing in this section shall be construed to require the actual transmission of HBV in order for a person to have committed the offense of criminal exposure to HBV. (3) Nothing in this section shall be construed to require the actual transmission of HCV in order for a person to have committed the offense of criminal exposure to HCV.
(1) Nothing in this section shall be construed to require the actual transmission of HIV in order for a person to have committed the offense of criminal exposure of another to HIV.
(2) Nothing in this section shall be construed to require the actual transmission of HBV in order for a person to have committed the offense of criminal exposure to HBV.
(3) Nothing in this section shall be construed to require the actual transmission of HCV in order for a person to have committed the offense of criminal exposure to HCV.
(e) (1) Criminal exposure of another to HIV is a Class C felony. (2) Criminal exposure of another to HBV or HCV is a Class A misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), restitution to the victim or victims, or both a fine and restitution. The clerk shall transmit all money collected from a fine imposed for a violation of this section to the criminal injuries compensation fund created pursuant to § 40-24-107 . In addition, a victim of criminal exposure HBV or HCV may maintain an action for the expenses and the actual loss of service resulting from such exposure.
(1) Criminal exposure of another to HIV is a Class C felony.
(2) Criminal exposure of another to HBV or HCV is a Class A misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), restitution to the victim or victims, or both a fine and restitution. The clerk shall transmit all money collected from a fine imposed for a violation of this section to the criminal injuries compensation fund created pursuant to § 40-24-107 . In addition, a victim of criminal exposure HBV or HCV may maintain an action for the expenses and the actual loss of service resulting from such exposure.
Acts 1994, ch. 952, § 2; 2011, ch. 185, §§ 1-7.
Tenn. Code Ann. § 39-11-406 — TN Code / Title 39 / Chapter 11 / Section 39-11-406
Affirmative defense to criminal responsibility of a corporation
Status: in_force

(a) It is an affirmative defense to prosecution of a corporation under § 39-11-404(a)(1) or (3) or § 39-11-405 , which must be proven by a preponderance of the evidence, that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission. (b) Subsection (a) does not apply if it is plainly inconsistent with the legislative purpose expressed in the law defining the particular offense. Acts 1989, ch. 591, § 1.
(a) It is an affirmative defense to prosecution of a corporation under § 39-11-404(a)(1) or (3) or § 39-11-405 , which must be proven by a preponderance of the evidence, that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission.
(b) Subsection (a) does not apply if it is plainly inconsistent with the legislative purpose expressed in the law defining the particular offense.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-11-401 — TN Code / Title 39 / Chapter 11 / Section 39-11-401
Parties to offenses
Status: in_force

(a) A person is criminally responsible as a party to an offense, if the offense is committed by the person's own conduct, by the conduct of another for which the person is criminally responsible, or by both. (b) Each party to an offense may be charged with commission of the offense. Acts 1989, ch. 591, § 1.
(a) A person is criminally responsible as a party to an offense, if the offense is committed by the person's own conduct, by the conduct of another for which the person is criminally responsible, or by both.
(b) Each party to an offense may be charged with commission of the offense.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-12-102 — TN Code / Title 39 / Chapter 12 / Section 39-12-102
Solicitation - Defenses disallowed
Status: in_force

(a) Whoever, by means of oral, written or electronic communication, directly or through another, intentionally commands, requests or hires another to commit a criminal offense, or attempts to command, request or hire another to commit a criminal offense, with the intent that the criminal offense be committed, is guilty of the offense of solicitation. (b) It is no defense that the solicitation was unsuccessful and the offense solicited was not committed. It is no defense that the person solicited could not be guilty of the offense solicited, due to insanity, minority, or other lack of criminal responsibility or incapacity. It is no defense that the person solicited was unaware of the criminal nature of the conduct solicited. It is no defense that the person solicited is unable to commit the offense solicited because of the lack of capacity, status, or characteristic needed to commit the offense solicited, so long as the person soliciting or the person solicited believes that either or both have such capacity, status, or characteristic. Acts 1989, ch. 591, § 1.
(a) Whoever, by means of oral, written or electronic communication, directly or through another, intentionally commands, requests or hires another to commit a criminal offense, or attempts to command, request or hire another to commit a criminal offense, with the intent that the criminal offense be committed, is guilty of the offense of solicitation.
(b) It is no defense that the solicitation was unsuccessful and the offense solicited was not committed. It is no defense that the person solicited could not be guilty of the offense solicited, due to insanity, minority, or other lack of criminal responsibility or incapacity. It is no defense that the person solicited was unaware of the criminal nature of the conduct solicited. It is no defense that the person solicited is unable to commit the offense solicited because of the lack of capacity, status, or characteristic needed to commit the offense solicited, so long as the person soliciting or the person solicited believes that either or both have such capacity, status, or characteristic.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-14-212 — TN Code / Title 39 / Chapter 14 / Section 39-14-212
Aggravated cruelty to animals - Definitions - Construction - Penalty
Status: in_force

(a) A person commits aggravated cruelty to animals when, with no justifiable purpose, the person intentionally or knowingly: (1) Kills, maims, tortures, crushes, burns, drowns, suffocates, mutilates, starves, or otherwise causes serious physical injury, a substantial risk of death, or death to a companion animal; or (2) Fails to provide food or water to the companion animal resulting in a substantial risk of death or death. (b) For purposes of this section: (1) [Deleted by 2021 amendment.] (2) "Companion animal" means any non-livestock animal as defined in § 39-14-201 ; (3) "Elderly" means any person sixty-five (65) years of age or older; and (4) "Minor" means any person under eighteen (18) years of age. (c) Subsection (a) is not to be construed to prohibit or interfere with the following endeavors: (1) Dispatching an animal in any manner absent of aggravated cruelty; (2) Engaging in lawful hunting, trapping, or fishing activities, including activities commonly associated with the hunting of small game as defined in § 70-1-101(a) ; (3) Dispatching rabid or diseased animals; (4) Dispatching animals posing a clear and immediate threat to human safety; (5) Performing or conducting bona fide scientific tests, experiments or investigations within or for a bona fide research laboratory, facility or institution; (6) Performing accepted veterinary medical practices or treatments; (7) Dispatching animals in accordance with § 44-17-403(e) ; (8) Engaging, with the consent of the owner of a farm animal, in usual and customary practices which are accepted by colleges of agriculture or veterinary medicine with respect to that animal; (9) Dispatching wild or abandoned animals on a farm or residential real property; or (10) Applying methods and equipment used to train animals. (d) Aggravated cruelty to animals is a Class E felony. (e) In addition to the penalty imposed by subsection (d), the sentencing court shall order the defendant to surrender custody and forfeit all companion animals as defined in subdivision (b)(2), and may award custody of the animals to the agency presenting the case. Notwithstanding § 40-35-111 , the court shall prohibit the defendant from having custody of companion animals for at least two (2) years from the date of conviction and may impose a lifetime prohibition. The court may also impose any other reasonable restrictions on the person's custody of other animals as is necessary for the protection of the animals. The court shall prohibit any person convicted of a second or subsequent offense under this section from having custody of any companion animal for the person's lifetime. (f) In addition to the penalty imposed by subsection (d), the court may require the defendant to undergo psychological evaluation and counseling, the cost to be borne by the defendant. If the defendant is indigent, the court may, where practicable, direct the defendant to locate and enroll in a counseling or treatment program with an appropriate agency. (g) If a defendant convicted of a violation of this section resides in a household with minor children or elderly individuals, the court may, within fifteen (15) days, send notification of the conviction to the appropriate protective agencies. (h) In addition to the penalty imposed by subsection (d), the defendant may be held liable to the impounding officer or agency for all costs of impoundment from the time of seizure to the time of proper disposition of the case. (i) (1) In addition to the penalty imposed by subsection (d), the defendant may be held liable to the owner of the animal for damages. (2) If an unlawful act resulted in the death or permanent disability of a person's guide dog, then the value of the guide dog shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received. (j) (1) If a juvenile is found to be within the court's jurisdiction, for conduct that, if committed by an adult, would be a criminal violation involving cruelty to animals or would be a criminal violation involving arson, then the court may order that the juvenile be evaluated to determine the need for psychiatric or psychological treatment. If the court determines that psychiatric or psychological treatment is appropriate for that juvenile, then the court may order that treatment. (2) (A) Notwithstanding subdivision (j)(1), if a child is adjudicated delinquent for conduct involving the intentional torturing, mutilating, maiming, burning, starving to death, crushing, disfiguring, drowning, suffocating, or impaling of a domesticated dog or cat, then the court shall order that the child adjudicated delinquent receive a psychiatric or psychological evaluation and any recommended counseling and treatment. (B) The court shall order that the cost of any evaluation, counseling, and treatment required under subdivision (j)(2)(A) be paid in accordance with § 37-1-150 . (C) If the court finds a parent or guardian to be in contempt of court for failure to comply with a court order issued under this subdivision (j)(2), then the court is authorized to punish the parent or guardian pursuant to § 37-1-158 . (k) This section does not preclude the court from entering any other order of disposition allowed under this chapter. (l) This section is not to be construed to change, modify, or amend any provision of title 70, involving fish and wildlife. (m) This section does not apply to activities or conduct that are prohibited by § 39-14-203 . (n) This section does not apply to equine animals or to animals defined as livestock by § 39-14-201 . Amended by 2023 Tenn. Acts, ch. 334, s 1, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 580, s 2, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 580, s 1, eff. 7/1/2021. Amended by 2020 Tenn. Acts, ch. 570, s 2, eff. 7/1/2020. Acts 2002, ch. 858, §§ 1, 2; 2004, ch. 920, § 1; 2004, ch. 940, § 5; 2004, ch. 957, § 4.
(a) A person commits aggravated cruelty to animals when, with no justifiable purpose, the person intentionally or knowingly: (1) Kills, maims, tortures, crushes, burns, drowns, suffocates, mutilates, starves, or otherwise causes serious physical injury, a substantial risk of death, or death to a companion animal; or (2) Fails to provide food or water to the companion animal resulting in a substantial risk of death or death.
(1) Kills, maims, tortures, crushes, burns, drowns, suffocates, mutilates, starves, or otherwise causes serious physical injury, a substantial risk of death, or death to a companion animal; or
(2) Fails to provide food or water to the companion animal resulting in a substantial risk of death or death.
(b) For purposes of this section: (1) [Deleted by 2021 amendment.] (2) "Companion animal" means any non-livestock animal as defined in § 39-14-201 ; (3) "Elderly" means any person sixty-five (65) years of age or older; and (4) "Minor" means any person under eighteen (18) years of age.
(1) [Deleted by 2021 amendment.]
(2) "Companion animal" means any non-livestock animal as defined in § 39-14-201 ;
(3) "Elderly" means any person sixty-five (65) years of age or older; and
(4) "Minor" means any person under eighteen (18) years of age.
(c) Subsection (a) is not to be construed to prohibit or interfere with the following endeavors: (1) Dispatching an animal in any manner absent of aggravated cruelty; (2) Engaging in lawful hunting, trapping, or fishing activities, including activities commonly associated with the hunting of small game as defined in § 70-1-101(a) ; (3) Dispatching rabid or diseased animals; (4) Dispatching animals posing a clear and immediate threat to human safety; (5) Performing or conducting bona fide scientific tests, experiments or investigations within or for a bona fide research laboratory, facility or institution; (6) Performing accepted veterinary medical practices or treatments; (7) Dispatching animals in accordance with § 44-17-403(e) ; (8) Engaging, with the consent of the owner of a farm animal, in usual and customary practices which are accepted by colleges of agriculture or veterinary medicine with respect to that animal; (9) Dispatching wild or abandoned animals on a farm or residential real property; or (10) Applying methods and equipment used to train animals.
(1) Dispatching an animal in any manner absent of aggravated cruelty;
(2) Engaging in lawful hunting, trapping, or fishing activities, including activities commonly associated with the hunting of small game as defined in § 70-1-101(a) ;
(3) Dispatching rabid or diseased animals;
(4) Dispatching animals posing a clear and immediate threat to human safety;
(5) Performing or conducting bona fide scientific tests, experiments or investigations within or for a bona fide research laboratory, facility or institution;
(6) Performing accepted veterinary medical practices or treatments;
(7) Dispatching animals in accordance with § 44-17-403(e) ;
(8) Engaging, with the consent of the owner of a farm animal, in usual and customary practices which are accepted by colleges of agriculture or veterinary medicine with respect to that animal;
(9) Dispatching wild or abandoned animals on a farm or residential real property; or
(10) Applying methods and equipment used to train animals.
(d) Aggravated cruelty to animals is a Class E felony.
(e) In addition to the penalty imposed by subsection (d), the sentencing court shall order the defendant to surrender custody and forfeit all companion animals as defined in subdivision (b)(2), and may award custody of the animals to the agency presenting the case. Notwithstanding § 40-35-111 , the court shall prohibit the defendant from having custody of companion animals for at least two (2) years from the date of conviction and may impose a lifetime prohibition. The court may also impose any other reasonable restrictions on the person's custody of other animals as is necessary for the protection of the animals. The court shall prohibit any person convicted of a second or subsequent offense under this section from having custody of any companion animal for the person's lifetime.
(f) In addition to the penalty imposed by subsection (d), the court may require the defendant to undergo psychological evaluation and counseling, the cost to be borne by the defendant. If the defendant is indigent, the court may, where practicable, direct the defendant to locate and enroll in a counseling or treatment program with an appropriate agency.
(g) If a defendant convicted of a violation of this section resides in a household with minor children or elderly individuals, the court may, within fifteen (15) days, send notification of the conviction to the appropriate protective agencies.
(h) In addition to the penalty imposed by subsection (d), the defendant may be held liable to the impounding officer or agency for all costs of impoundment from the time of seizure to the time of proper disposition of the case.
(i) (1) In addition to the penalty imposed by subsection (d), the defendant may be held liable to the owner of the animal for damages. (2) If an unlawful act resulted in the death or permanent disability of a person's guide dog, then the value of the guide dog shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received.
(1) In addition to the penalty imposed by subsection (d), the defendant may be held liable to the owner of the animal for damages.
(2) If an unlawful act resulted in the death or permanent disability of a person's guide dog, then the value of the guide dog shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received.
(j) (1) If a juvenile is found to be within the court's jurisdiction, for conduct that, if committed by an adult, would be a criminal violation involving cruelty to animals or would be a criminal violation involving arson, then the court may order that the juvenile be evaluated to determine the need for psychiatric or psychological treatment. If the court determines that psychiatric or psychological treatment is appropriate for that juvenile, then the court may order that treatment. (2) (A) Notwithstanding subdivision (j)(1), if a child is adjudicated delinquent for conduct involving the intentional torturing, mutilating, maiming, burning, starving to death, crushing, disfiguring, drowning, suffocating, or impaling of a domesticated dog or cat, then the court shall order that the child adjudicated delinquent receive a psychiatric or psychological evaluation and any recommended counseling and treatment. (B) The court shall order that the cost of any evaluation, counseling, and treatment required under subdivision (j)(2)(A) be paid in accordance with § 37-1-150 . (C) If the court finds a parent or guardian to be in contempt of court for failure to comply with a court order issued under this subdivision (j)(2), then the court is authorized to punish the parent or guardian pursuant to § 37-1-158 .
(1) If a juvenile is found to be within the court's jurisdiction, for conduct that, if committed by an adult, would be a criminal violation involving cruelty to animals or would be a criminal violation involving arson, then the court may order that the juvenile be evaluated to determine the need for psychiatric or psychological treatment. If the court determines that psychiatric or psychological treatment is appropriate for that juvenile, then the court may order that treatment.
(2) (A) Notwithstanding subdivision (j)(1), if a child is adjudicated delinquent for conduct involving the intentional torturing, mutilating, maiming, burning, starving to death, crushing, disfiguring, drowning, suffocating, or impaling of a domesticated dog or cat, then the court shall order that the child adjudicated delinquent receive a psychiatric or psychological evaluation and any recommended counseling and treatment. (B) The court shall order that the cost of any evaluation, counseling, and treatment required under subdivision (j)(2)(A) be paid in accordance with § 37-1-150 . (C) If the court finds a parent or guardian to be in contempt of court for failure to comply with a court order issued under this subdivision (j)(2), then the court is authorized to punish the parent or guardian pursuant to § 37-1-158 .
(A) Notwithstanding subdivision (j)(1), if a child is adjudicated delinquent for conduct involving the intentional torturing, mutilating, maiming, burning, starving to death, crushing, disfiguring, drowning, suffocating, or impaling of a domesticated dog or cat, then the court shall order that the child adjudicated delinquent receive a psychiatric or psychological evaluation and any recommended counseling and treatment.
(B) The court shall order that the cost of any evaluation, counseling, and treatment required under subdivision (j)(2)(A) be paid in accordance with § 37-1-150 .
(C) If the court finds a parent or guardian to be in contempt of court for failure to comply with a court order issued under this subdivision (j)(2), then the court is authorized to punish the parent or guardian pursuant to § 37-1-158 .
(k) This section does not preclude the court from entering any other order of disposition allowed under this chapter.
(l) This section is not to be construed to change, modify, or amend any provision of title 70, involving fish and wildlife.
(m) This section does not apply to activities or conduct that are prohibited by § 39-14-203 .
(n) This section does not apply to equine animals or to animals defined as livestock by § 39-14-201 .
Amended by 2023 Tenn. Acts, ch. 334, s 1, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 580, s 2, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 580, s 1, eff. 7/1/2021.
Amended by 2020 Tenn. Acts, ch. 570, s 2, eff. 7/1/2020.
Acts 2002, ch. 858, §§ 1, 2; 2004, ch. 920, § 1; 2004, ch. 940, § 5; 2004, ch. 957, § 4.
Tenn. Code Ann. § 39-17-440 — TN Code / Title 39 / Chapter 17 / Section 39-17-440
Sale of product containing dextromethorphan to person under 18 years of age - Exception - Proof of age - Violation
Status: in_force

(a) It is unlawful for: (1) Any commercial entity, or the entity's employee or representative acting on behalf of the entity, to knowingly sell a product containing dextromethorphan to a person that the employee or representative knows or has reason to know is less than eighteen (18) years of age and is not an emancipated minor, as defined in § 39-11-106 . However, no employee, representative, or person acting on behalf of a commercial entity shall be in violation of this section, or be subject to an adverse employment action for a violation of this section, unless the employee, representative, or person has completed an employer-provided course of instruction that is specifically designed to enable the employee, representative, or person to identify products containing dextromethorphan and distinguish those products from similar products that do not contain dextromethorphan; or (2) Any person who is less than eighteen (18) years of age and who is not an emancipated minor, as defined in § 39-11-106 , to purchase a product the person knows or should know contains any quantity of dextromethorphan with the intent to use the product in a manner inconsistent with the recommended dosage and manner of use indicated on the container. (b) (1) This section requires an entity, employee, or representative to manually obtain and verify proof of age or emancipation pursuant to subsection (c) as a condition of sale. Nothing in this section shall be construed to require additional compliance requirements, including placement of products in a specific place within a store, other restrictions on consumers' direct access to products, or the maintenance of transaction records. (2) This section shall not apply to a product containing dextromethorphan that is sold pursuant to a valid prescription, including a pharmacist-generated prescription issued pursuant to § 63-10-206 . (c) Before completing a retail sale of a product containing dextromethorphan, the seller shall require the purchaser to present: (1) Valid government-issued photo identification proving that the purchaser is at least eighteen (18) years of age, unless from the purchaser's outward appearance the seller would reasonably believe the purchaser to be thirty (30) years of age or older; or (2) Proof of emancipation, if the purchaser is less than eighteen (18) years of age but is an emancipated minor. (d) A violation of subsection (a) is punishable by a civil penalty of not more than one hundred dollars ($100) for a first violation and five hundred dollars ($500) for a second or subsequent violation. (e) This section shall not apply to a product containing dextromethorphan that is: (1) Delivered or dispensed at a facility licensed under title 68, chapter 11, part 2, or title 33, chapter 2, part 4; or (2) Delivered or dispensed by a licensed healthcare practitioner to an inmate at a jail or correctional facility. (f) This section shall preempt any local ordinance regulating the retail sale of products containing dextromethorphan enacted by a local governmental entity of this state. Products containing dextromethorphan shall not be subject to further regulation by a local governmental entity. Added by 2015 Tenn. Acts, ch. 82,s 1, eff. 1/1/2016.
(a) It is unlawful for: (1) Any commercial entity, or the entity's employee or representative acting on behalf of the entity, to knowingly sell a product containing dextromethorphan to a person that the employee or representative knows or has reason to know is less than eighteen (18) years of age and is not an emancipated minor, as defined in § 39-11-106 . However, no employee, representative, or person acting on behalf of a commercial entity shall be in violation of this section, or be subject to an adverse employment action for a violation of this section, unless the employee, representative, or person has completed an employer-provided course of instruction that is specifically designed to enable the employee, representative, or person to identify products containing dextromethorphan and distinguish those products from similar products that do not contain dextromethorphan; or (2) Any person who is less than eighteen (18) years of age and who is not an emancipated minor, as defined in § 39-11-106 , to purchase a product the person knows or should know contains any quantity of dextromethorphan with the intent to use the product in a manner inconsistent with the recommended dosage and manner of use indicated on the container.
(1) Any commercial entity, or the entity's employee or representative acting on behalf of the entity, to knowingly sell a product containing dextromethorphan to a person that the employee or representative knows or has reason to know is less than eighteen (18) years of age and is not an emancipated minor, as defined in § 39-11-106 . However, no employee, representative, or person acting on behalf of a commercial entity shall be in violation of this section, or be subject to an adverse employment action for a violation of this section, unless the employee, representative, or person has completed an employer-provided course of instruction that is specifically designed to enable the employee, representative, or person to identify products containing dextromethorphan and distinguish those products from similar products that do not contain dextromethorphan; or
(2) Any person who is less than eighteen (18) years of age and who is not an emancipated minor, as defined in § 39-11-106 , to purchase a product the person knows or should know contains any quantity of dextromethorphan with the intent to use the product in a manner inconsistent with the recommended dosage and manner of use indicated on the container.
(b) (1) This section requires an entity, employee, or representative to manually obtain and verify proof of age or emancipation pursuant to subsection (c) as a condition of sale. Nothing in this section shall be construed to require additional compliance requirements, including placement of products in a specific place within a store, other restrictions on consumers' direct access to products, or the maintenance of transaction records. (2) This section shall not apply to a product containing dextromethorphan that is sold pursuant to a valid prescription, including a pharmacist-generated prescription issued pursuant to § 63-10-206 .
(1) This section requires an entity, employee, or representative to manually obtain and verify proof of age or emancipation pursuant to subsection (c) as a condition of sale. Nothing in this section shall be construed to require additional compliance requirements, including placement of products in a specific place within a store, other restrictions on consumers' direct access to products, or the maintenance of transaction records.
(2) This section shall not apply to a product containing dextromethorphan that is sold pursuant to a valid prescription, including a pharmacist-generated prescription issued pursuant to § 63-10-206 .
(c) Before completing a retail sale of a product containing dextromethorphan, the seller shall require the purchaser to present: (1) Valid government-issued photo identification proving that the purchaser is at least eighteen (18) years of age, unless from the purchaser's outward appearance the seller would reasonably believe the purchaser to be thirty (30) years of age or older; or (2) Proof of emancipation, if the purchaser is less than eighteen (18) years of age but is an emancipated minor.
(1) Valid government-issued photo identification proving that the purchaser is at least eighteen (18) years of age, unless from the purchaser's outward appearance the seller would reasonably believe the purchaser to be thirty (30) years of age or older; or
(2) Proof of emancipation, if the purchaser is less than eighteen (18) years of age but is an emancipated minor.
(d) A violation of subsection (a) is punishable by a civil penalty of not more than one hundred dollars ($100) for a first violation and five hundred dollars ($500) for a second or subsequent violation.
(e) This section shall not apply to a product containing dextromethorphan that is: (1) Delivered or dispensed at a facility licensed under title 68, chapter 11, part 2, or title 33, chapter 2, part 4; or (2) Delivered or dispensed by a licensed healthcare practitioner to an inmate at a jail or correctional facility.
(1) Delivered or dispensed at a facility licensed under title 68, chapter 11, part 2, or title 33, chapter 2, part 4; or
(2) Delivered or dispensed by a licensed healthcare practitioner to an inmate at a jail or correctional facility.
(f) This section shall preempt any local ordinance regulating the retail sale of products containing dextromethorphan enacted by a local governmental entity of this state. Products containing dextromethorphan shall not be subject to further regulation by a local governmental entity.
Added by 2015 Tenn. Acts, ch. 82,s 1, eff. 1/1/2016.
Tenn. Code Ann. § 39-13-115 — TN Code / Title 39 / Chapter 13 / Section 39-13-115
Aggravated vehicular assault
Status: in_force

(a) As used in this section, "prior conviction" means an offense for which the person was convicted prior to the aggravated vehicular assault charge. This definition includes prior convictions from this state or any other state, district, or territory of the United States within the last twenty (20) years. (b) A person commits aggravated vehicular assault who: (1) (A) Commits vehicular assault, as defined in § 39-13-106 ; and (B) (i) Has two (2) or more prior convictions for driving under the influence of an intoxicant, as defined in § 55-10-401 , or boating under the influence, as defined in § 69-9-217(a) ; or (ii) Has one (1) or more prior convictions for: (a) Vehicular assault; (b) Vehicular homicide, as defined in § 39-13-213(a)(2) ; or (c) Aggravated vehicular homicide, as defined in § 39-13-218 ; or (2) (A) Had an alcohol concentration in the person's blood or breath of twenty-hundredths of one percent (0.20%) or more at the time of the offense; and (B) Has one (1) prior conviction for driving under the influence of an intoxicant, as defined in § 55-10-401 , or boating under the influence, as defined in § 69-9-217(a) . (c) The indictment, in a separate count, shall specify, charge, and give notice of the required prior conviction or convictions. If the person is convicted of vehicular assault under § 39-13-106 , the trier-of-fact shall separately consider whether the person has the required aggravating factors necessary to commit aggravated vehicular assault. (d) For the purpose of determining if a person has sufficient aggravating factors to qualify for aggravated vehicular assault, applicable prior convictions occurring prior to July 1, 2015, may be used; provided, that the conduct constituting aggravated vehicular assault occurs on or after July 1, 2015. (e) A violation of this section is a Class C felony, and there shall additionally be imposed a fine of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000). (f) Upon conviction for aggravated vehicular assault, the court shall prohibit the convicted person from driving a vehicle or operating a vessel subject to registration in this state pursuant to § 39-13-106(c) . Amended by 2021 Tenn. Acts, ch. 434, s 5, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 434, s 4, eff. 7/1/2021. Amended by 2019 Tenn. Acts, ch. 486, s 2, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 486, s 1, eff. 7/1/2019. Added by 2015 Tenn. Acts, ch. 477, s 1, eff. 7/1/2015.
(a) As used in this section, "prior conviction" means an offense for which the person was convicted prior to the aggravated vehicular assault charge. This definition includes prior convictions from this state or any other state, district, or territory of the United States within the last twenty (20) years.
(b) A person commits aggravated vehicular assault who: (1) (A) Commits vehicular assault, as defined in § 39-13-106 ; and (B) (i) Has two (2) or more prior convictions for driving under the influence of an intoxicant, as defined in § 55-10-401 , or boating under the influence, as defined in § 69-9-217(a) ; or (ii) Has one (1) or more prior convictions for: (a) Vehicular assault; (b) Vehicular homicide, as defined in § 39-13-213(a)(2) ; or (c) Aggravated vehicular homicide, as defined in § 39-13-218 ; or (2) (A) Had an alcohol concentration in the person's blood or breath of twenty-hundredths of one percent (0.20%) or more at the time of the offense; and (B) Has one (1) prior conviction for driving under the influence of an intoxicant, as defined in § 55-10-401 , or boating under the influence, as defined in § 69-9-217(a) .
(1) (A) Commits vehicular assault, as defined in § 39-13-106 ; and (B) (i) Has two (2) or more prior convictions for driving under the influence of an intoxicant, as defined in § 55-10-401 , or boating under the influence, as defined in § 69-9-217(a) ; or (ii) Has one (1) or more prior convictions for: (a) Vehicular assault; (b) Vehicular homicide, as defined in § 39-13-213(a)(2) ; or (c) Aggravated vehicular homicide, as defined in § 39-13-218 ; or
(A) Commits vehicular assault, as defined in § 39-13-106 ; and
(B) (i) Has two (2) or more prior convictions for driving under the influence of an intoxicant, as defined in § 55-10-401 , or boating under the influence, as defined in § 69-9-217(a) ; or (ii) Has one (1) or more prior convictions for: (a) Vehicular assault; (b) Vehicular homicide, as defined in § 39-13-213(a)(2) ; or (c) Aggravated vehicular homicide, as defined in § 39-13-218 ; or
(i) Has two (2) or more prior convictions for driving under the influence of an intoxicant, as defined in § 55-10-401 , or boating under the influence, as defined in § 69-9-217(a) ; or
(ii) Has one (1) or more prior convictions for: (a) Vehicular assault; (b) Vehicular homicide, as defined in § 39-13-213(a)(2) ; or (c) Aggravated vehicular homicide, as defined in § 39-13-218 ; or
(a) Vehicular assault;
(b) Vehicular homicide, as defined in § 39-13-213(a)(2) ; or
(c) Aggravated vehicular homicide, as defined in § 39-13-218 ; or
(2) (A) Had an alcohol concentration in the person's blood or breath of twenty-hundredths of one percent (0.20%) or more at the time of the offense; and (B) Has one (1) prior conviction for driving under the influence of an intoxicant, as defined in § 55-10-401 , or boating under the influence, as defined in § 69-9-217(a) .
(A) Had an alcohol concentration in the person's blood or breath of twenty-hundredths of one percent (0.20%) or more at the time of the offense; and
(B) Has one (1) prior conviction for driving under the influence of an intoxicant, as defined in § 55-10-401 , or boating under the influence, as defined in § 69-9-217(a) .
(c) The indictment, in a separate count, shall specify, charge, and give notice of the required prior conviction or convictions. If the person is convicted of vehicular assault under § 39-13-106 , the trier-of-fact shall separately consider whether the person has the required aggravating factors necessary to commit aggravated vehicular assault.
(d) For the purpose of determining if a person has sufficient aggravating factors to qualify for aggravated vehicular assault, applicable prior convictions occurring prior to July 1, 2015, may be used; provided, that the conduct constituting aggravated vehicular assault occurs on or after July 1, 2015.
(e) A violation of this section is a Class C felony, and there shall additionally be imposed a fine of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000).
(f) Upon conviction for aggravated vehicular assault, the court shall prohibit the convicted person from driving a vehicle or operating a vessel subject to registration in this state pursuant to § 39-13-106(c) .
Amended by 2021 Tenn. Acts, ch. 434, s 5, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 434, s 4, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 486, s 2, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 486, s 1, eff. 7/1/2019.
Added by 2015 Tenn. Acts, ch. 477, s 1, eff. 7/1/2015.
Tenn. Code Ann. § 39-15-510 — TN Code / Title 39 / Chapter 15 / Section 39-15-510
Offense of abuse of elderly or vulnerable adult
Status: in_force

(a) It is an offense for a person to knowingly abuse an elderly or vulnerable adult. (b) The offense of abuse of an elderly adult is a Class E felony. (c) The offense of abuse of a vulnerable adult is a Class D felony. Added by 2019 Tenn. Acts, ch. 474,s 12, eff. 1/1/2020.
(a) It is an offense for a person to knowingly abuse an elderly or vulnerable adult.
(b) The offense of abuse of an elderly adult is a Class E felony.
(c) The offense of abuse of a vulnerable adult is a Class D felony.
Added by 2019 Tenn. Acts, ch. 474,s 12, eff. 1/1/2020.
Tenn. Code Ann. § 39-15-404 — TN Code / Title 39 / Chapter 15 / Section 39-15-404
Enticing minor to purchase alcoholic beverages or beer - Giving or purchasing of alcoholic beverages or beer for minor - Allowing underage consumption of alcoholic beverages, wine, or beer
Status: in_force

(a) Except as provided in § 39-15-413 : (1) It is an offense for a person to persuade, entice or send a minor to any place where alcoholic beverages, as defined in § 57-3-101(a)(1)(A) , or beer, as defined in § 57-5-101(b) , are sold, to buy or otherwise procure alcoholic beverages or beer in any quantity, for the use of the minor, or for the use of any other person; (2) It is an offense for a person to give or buy alcoholic beverages or beer for or on behalf of any minor or to cause alcohol to be given or bought for or on behalf of any minor for any purpose; and (3) (A) It is an offense for any owner, occupant, or other person having a lawful right to the exclusive use and enjoyment of property to knowingly allow a person to consume alcoholic beverages, wine, or beer on the property if the owner, occupant, or other person knows that the person consuming is a minor; (B) It is an affirmative defense to prosecution under subdivision (a)(3)(A) that the defendant acted upon a reasonably held belief that the minor was twenty-one (21) years of age or older; (C) Subdivision (a)(3)(A) does not apply to consumption or possession of a de minimis quantity of alcohol or wine by a minor as permitted by § 1-3-113(b)(2) ; (D) This subdivision (a)(3) does not affect: (i) Standards for imposing civil liability pursuant to §§ 57-10-101 and 57-10-102 ; (ii) Standards, established pursuant to § 37-1-156(a) , for imposing criminal liability on adults who contribute or encourage the delinquency or unruly behavior of a child, as defined in § 37-1-102(b) ; or (iii) Standards, established pursuant to § 39-11-404 , for imposing criminal liability on corporations. (b) As used in this section, "minor" means a person under twenty-one (21) years of age. (c) It is an affirmative defense to prosecution under this section that any person accused of giving or buying alcoholic beverages or beer for a minor acted upon a reasonably held belief that the minor was of legal age. The belief may be acquired by virtue of the minor making a false statement or presenting false identification that indicates that the minor is twenty-one (21) years of age or older. (d) A violation of subsection (a) is a Class A misdemeanor with a mandatory minimum fine of one thousand dollars ($1,000), and in addition to the penalties authorized by § 40-35-111 , the offender shall be sentenced to one hundred (100) hours of community service work. In addition to the penalties established in this subsection (d), the court having jurisdiction over the offender may, in its discretion, prepare and send an order for denial of the offender's driving privileges to the department of safety, driver control division. The offender may apply to the court for a restricted driver license, which may be issued in accordance with § 55-50-502 . In the event an offender does not possess a valid driver license, the court having jurisdiction over the offender may, in its discretion, increase the offender's sentence to a maximum of two hundred (200) hours of community service work. (e) If a person engages in conduct that violates this section, as well as any other section, nothing in this section shall be construed to prohibit the prosecution and conviction of the person under this section or any other applicable section. (f) Nothing in this section shall be construed to affect §§ 57-10-101 and 57-10-102 in any way whatsoever. Amended by 2021 Tenn. Acts, ch. 430, s 2, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 430, s 1, eff. 7/1/2021. Acts 1989, ch. 591, § 1; 2006, ch. 900, § 1; 2009 , ch. 564, § 1.
(a) Except as provided in § 39-15-413 : (1) It is an offense for a person to persuade, entice or send a minor to any place where alcoholic beverages, as defined in § 57-3-101(a)(1)(A) , or beer, as defined in § 57-5-101(b) , are sold, to buy or otherwise procure alcoholic beverages or beer in any quantity, for the use of the minor, or for the use of any other person; (2) It is an offense for a person to give or buy alcoholic beverages or beer for or on behalf of any minor or to cause alcohol to be given or bought for or on behalf of any minor for any purpose; and (3) (A) It is an offense for any owner, occupant, or other person having a lawful right to the exclusive use and enjoyment of property to knowingly allow a person to consume alcoholic beverages, wine, or beer on the property if the owner, occupant, or other person knows that the person consuming is a minor; (B) It is an affirmative defense to prosecution under subdivision (a)(3)(A) that the defendant acted upon a reasonably held belief that the minor was twenty-one (21) years of age or older; (C) Subdivision (a)(3)(A) does not apply to consumption or possession of a de minimis quantity of alcohol or wine by a minor as permitted by § 1-3-113(b)(2) ; (D) This subdivision (a)(3) does not affect: (i) Standards for imposing civil liability pursuant to §§ 57-10-101 and 57-10-102 ; (ii) Standards, established pursuant to § 37-1-156(a) , for imposing criminal liability on adults who contribute or encourage the delinquency or unruly behavior of a child, as defined in § 37-1-102(b) ; or (iii) Standards, established pursuant to § 39-11-404 , for imposing criminal liability on corporations.
(1) It is an offense for a person to persuade, entice or send a minor to any place where alcoholic beverages, as defined in § 57-3-101(a)(1)(A) , or beer, as defined in § 57-5-101(b) , are sold, to buy or otherwise procure alcoholic beverages or beer in any quantity, for the use of the minor, or for the use of any other person;
(2) It is an offense for a person to give or buy alcoholic beverages or beer for or on behalf of any minor or to cause alcohol to be given or bought for or on behalf of any minor for any purpose; and
(3) (A) It is an offense for any owner, occupant, or other person having a lawful right to the exclusive use and enjoyment of property to knowingly allow a person to consume alcoholic beverages, wine, or beer on the property if the owner, occupant, or other person knows that the person consuming is a minor; (B) It is an affirmative defense to prosecution under subdivision (a)(3)(A) that the defendant acted upon a reasonably held belief that the minor was twenty-one (21) years of age or older; (C) Subdivision (a)(3)(A) does not apply to consumption or possession of a de minimis quantity of alcohol or wine by a minor as permitted by § 1-3-113(b)(2) ; (D) This subdivision (a)(3) does not affect: (i) Standards for imposing civil liability pursuant to §§ 57-10-101 and 57-10-102 ; (ii) Standards, established pursuant to § 37-1-156(a) , for imposing criminal liability on adults who contribute or encourage the delinquency or unruly behavior of a child, as defined in § 37-1-102(b) ; or (iii) Standards, established pursuant to § 39-11-404 , for imposing criminal liability on corporations.
(A) It is an offense for any owner, occupant, or other person having a lawful right to the exclusive use and enjoyment of property to knowingly allow a person to consume alcoholic beverages, wine, or beer on the property if the owner, occupant, or other person knows that the person consuming is a minor;
(B) It is an affirmative defense to prosecution under subdivision (a)(3)(A) that the defendant acted upon a reasonably held belief that the minor was twenty-one (21) years of age or older;
(C) Subdivision (a)(3)(A) does not apply to consumption or possession of a de minimis quantity of alcohol or wine by a minor as permitted by § 1-3-113(b)(2) ;
(D) This subdivision (a)(3) does not affect: (i) Standards for imposing civil liability pursuant to §§ 57-10-101 and 57-10-102 ; (ii) Standards, established pursuant to § 37-1-156(a) , for imposing criminal liability on adults who contribute or encourage the delinquency or unruly behavior of a child, as defined in § 37-1-102(b) ; or (iii) Standards, established pursuant to § 39-11-404 , for imposing criminal liability on corporations.
(i) Standards for imposing civil liability pursuant to §§ 57-10-101 and 57-10-102 ;
(ii) Standards, established pursuant to § 37-1-156(a) , for imposing criminal liability on adults who contribute or encourage the delinquency or unruly behavior of a child, as defined in § 37-1-102(b) ; or
(iii) Standards, established pursuant to § 39-11-404 , for imposing criminal liability on corporations.
(b) As used in this section, "minor" means a person under twenty-one (21) years of age.
(c) It is an affirmative defense to prosecution under this section that any person accused of giving or buying alcoholic beverages or beer for a minor acted upon a reasonably held belief that the minor was of legal age. The belief may be acquired by virtue of the minor making a false statement or presenting false identification that indicates that the minor is twenty-one (21) years of age or older.
(d) A violation of subsection (a) is a Class A misdemeanor with a mandatory minimum fine of one thousand dollars ($1,000), and in addition to the penalties authorized by § 40-35-111 , the offender shall be sentenced to one hundred (100) hours of community service work. In addition to the penalties established in this subsection (d), the court having jurisdiction over the offender may, in its discretion, prepare and send an order for denial of the offender's driving privileges to the department of safety, driver control division. The offender may apply to the court for a restricted driver license, which may be issued in accordance with § 55-50-502 . In the event an offender does not possess a valid driver license, the court having jurisdiction over the offender may, in its discretion, increase the offender's sentence to a maximum of two hundred (200) hours of community service work.
(e) If a person engages in conduct that violates this section, as well as any other section, nothing in this section shall be construed to prohibit the prosecution and conviction of the person under this section or any other applicable section.
(f) Nothing in this section shall be construed to affect §§ 57-10-101 and 57-10-102 in any way whatsoever.
Amended by 2021 Tenn. Acts, ch. 430, s 2, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 430, s 1, eff. 7/1/2021.
Acts 1989, ch. 591, § 1; 2006, ch. 900, § 1; 2009 , ch. 564, § 1.
Tenn. Code Ann. § 39-17-1304 — TN Code / Title 39 / Chapter 17 / Section 39-17-1304
Restrictions on firearm ammunition
Status: in_force

(a) It is an offense for any person to possess, use or attempt to use restricted firearm ammunition while committing or attempting to commit a crime of violence. A violation of this section constitutes a separate and distinct felony. (b) It is an offense for any person or corporation to manufacture, sell, offer for sale, display for sale or use in this state any ammunition cartridge, metallic or otherwise, containing a bullet with a hollow-nose cavity that is filled with an explosive material and designed to detonate upon impact; provided, that this section shall not apply to any state or federal military unit or personnel for use in the performance of its duties. (c) (1) A violation of subsection (a) by possession of restricted firearm ammunition is a Class E felony. (2) A violation of subsection (a) by use or attempted use of restricted firearm ammunition is a Class D felony. (3) A violation of subsection (b) is a Class E felony. Acts 1989, ch. 591, § 1.
(a) It is an offense for any person to possess, use or attempt to use restricted firearm ammunition while committing or attempting to commit a crime of violence. A violation of this section constitutes a separate and distinct felony.
(b) It is an offense for any person or corporation to manufacture, sell, offer for sale, display for sale or use in this state any ammunition cartridge, metallic or otherwise, containing a bullet with a hollow-nose cavity that is filled with an explosive material and designed to detonate upon impact; provided, that this section shall not apply to any state or federal military unit or personnel for use in the performance of its duties.
(c) (1) A violation of subsection (a) by possession of restricted firearm ammunition is a Class E felony. (2) A violation of subsection (a) by use or attempted use of restricted firearm ammunition is a Class D felony. (3) A violation of subsection (b) is a Class E felony.
(1) A violation of subsection (a) by possession of restricted firearm ammunition is a Class E felony.
(2) A violation of subsection (a) by use or attempted use of restricted firearm ammunition is a Class D felony.
(3) A violation of subsection (b) is a Class E felony.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-1513 — TN Code / Title 39 / Chapter 17 / Section 39-17-1513
Department of agriculture encouraged to study effects of sale and distribution of vapor products to persons under 21
Status: in_force

The department of agriculture is urged to study the effects of the sale and distribution of vapor products to persons under twenty-one (21) years of age and is encouraged to make recommendations to the legislature with regard to reducing such sale and distribution. Added by 2015 Tenn. Acts, ch. 353,s 14, eff. 5/4/2015.
The department of agriculture is urged to study the effects of the sale and distribution of vapor products to persons under twenty-one (21) years of age and is encouraged to make recommendations to the legislature with regard to reducing such sale and distribution.
Added by 2015 Tenn. Acts, ch. 353,s 14, eff. 5/4/2015.
Tenn. Code Ann. § 39-14-110 — TN Code / Title 39 / Chapter 14 / Section 39-14-110
Unauthorized recording of theatrical motion pictures
Status: in_force

(a) It is an offense for a person to knowingly operate an audiovisual recording function of a device in a facility where a motion picture is being exhibited for the purpose of recording a theatrical motion picture and without the consent of the owner or lessee of the facility. (b) The term "audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed. (c) An owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of such owner or lessee, or the licensor of the motion picture being exhibited or the licensor's agent or employee, or a law enforcement officer who has probable cause to believe that a person has violated this section, may detain such person on or off the premises of the motion picture establishment, if such detention is done for any or all of the following purposes: (1) To question the person, investigate the surrounding circumstances, obtain a statement, or any combination thereof; (2) To request or verify identification, or both; (3) To inform a law enforcement officer of the detention of such person, or surrender that person to the custody of a law enforcement officer, or both; (4) To inform a law enforcement officer, the parent or parents, guardian or other private person charged with the welfare of a minor of the detention and to surrender the minor to the custody of such person; or (5) To institute criminal proceedings against the person. (d) Probable cause to suspect that a person has committed or is attempting to commit a violation of this section may be based on, but not limited to: (1) Personal observation, including observation via closed circuit television or other visual device; or (2) Report of a personal observation from another patron or employee. (e) An owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of the owner or lessee, or the licensor of the motion picture being exhibited or the licensor's agent or employee, or a law enforcement officer who detains, questions, or causes the arrest of any person suspected of a violation of this section shall not be criminally or civilly liable for any legal action relating to the detention, questioning, or arrest if the owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of the owner or lessee, or the licensor of the motion picture being exhibited or the licensor's agent or employee, merchant or merchant's employee or agent or law enforcement officer: (1) Has probable cause to suspect that the person has committed or is attempting to commit a violation of this section; (2) Acts in a reasonable manner under the circumstances; and (3) Detains the suspected person for a reasonable period of time. (f) The owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of the owner or lessee, or the licensor of the motion picture being exhibited or the licensor's agent or employee, may use a reasonable amount of force necessary to protect the owner, agent, employee or licensor, to prevent escape of the person detained, or to prevent the loss or destruction of property. (g) A reasonable period of time, for the purposes of this section, is a period of time long enough to accomplish the purpose set forth in this section, and shall include any time spent awaiting the arrival of a law enforcement officer or the parents or guardian of a juvenile suspect, if the owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of the owner or lessee, or the licensor of the motion picture being exhibited or the licensor's agent or employee has summoned such law enforcement officer, parents, or guardian. (h) This section does not prevent any lawfully authorized investigative, law enforcement protection, or intelligence gathering employee or agent, of the state or federal government, from operating any audiovisual recording device in any facility where a motion picture is being exhibited, as part of a lawfully authorized investigative, protective, law enforcement, or intelligence gathering activity. (i) This section shall not apply to a person who operates the audiovisual recording function of a device in a retail establishment for the sole purpose of demonstrating the use and operation of the device for a prospective customer. (j) For purposes of this section, "facility" shall not be construed to include a personal residence. (k) (1) A violation of this section is a Class A misdemeanor. (2) Nothing in this section shall be construed as prohibiting prosecution under any other applicable provision of law. Acts 2004, ch. 471, § 1.
(a) It is an offense for a person to knowingly operate an audiovisual recording function of a device in a facility where a motion picture is being exhibited for the purpose of recording a theatrical motion picture and without the consent of the owner or lessee of the facility.
(b) The term "audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed.
(c) An owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of such owner or lessee, or the licensor of the motion picture being exhibited or the licensor's agent or employee, or a law enforcement officer who has probable cause to believe that a person has violated this section, may detain such person on or off the premises of the motion picture establishment, if such detention is done for any or all of the following purposes: (1) To question the person, investigate the surrounding circumstances, obtain a statement, or any combination thereof; (2) To request or verify identification, or both; (3) To inform a law enforcement officer of the detention of such person, or surrender that person to the custody of a law enforcement officer, or both; (4) To inform a law enforcement officer, the parent or parents, guardian or other private person charged with the welfare of a minor of the detention and to surrender the minor to the custody of such person; or (5) To institute criminal proceedings against the person.
(1) To question the person, investigate the surrounding circumstances, obtain a statement, or any combination thereof;
(2) To request or verify identification, or both;
(3) To inform a law enforcement officer of the detention of such person, or surrender that person to the custody of a law enforcement officer, or both;
(4) To inform a law enforcement officer, the parent or parents, guardian or other private person charged with the welfare of a minor of the detention and to surrender the minor to the custody of such person; or
(5) To institute criminal proceedings against the person.
(d) Probable cause to suspect that a person has committed or is attempting to commit a violation of this section may be based on, but not limited to: (1) Personal observation, including observation via closed circuit television or other visual device; or (2) Report of a personal observation from another patron or employee.
(1) Personal observation, including observation via closed circuit television or other visual device; or
(2) Report of a personal observation from another patron or employee.
(e) An owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of the owner or lessee, or the licensor of the motion picture being exhibited or the licensor's agent or employee, or a law enforcement officer who detains, questions, or causes the arrest of any person suspected of a violation of this section shall not be criminally or civilly liable for any legal action relating to the detention, questioning, or arrest if the owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of the owner or lessee, or the licensor of the motion picture being exhibited or the licensor's agent or employee, merchant or merchant's employee or agent or law enforcement officer: (1) Has probable cause to suspect that the person has committed or is attempting to commit a violation of this section; (2) Acts in a reasonable manner under the circumstances; and (3) Detains the suspected person for a reasonable period of time.
(1) Has probable cause to suspect that the person has committed or is attempting to commit a violation of this section;
(2) Acts in a reasonable manner under the circumstances; and
(3) Detains the suspected person for a reasonable period of time.
(f) The owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of the owner or lessee, or the licensor of the motion picture being exhibited or the licensor's agent or employee, may use a reasonable amount of force necessary to protect the owner, agent, employee or licensor, to prevent escape of the person detained, or to prevent the loss or destruction of property.
(g) A reasonable period of time, for the purposes of this section, is a period of time long enough to accomplish the purpose set forth in this section, and shall include any time spent awaiting the arrival of a law enforcement officer or the parents or guardian of a juvenile suspect, if the owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of the owner or lessee, or the licensor of the motion picture being exhibited or the licensor's agent or employee has summoned such law enforcement officer, parents, or guardian.
(h) This section does not prevent any lawfully authorized investigative, law enforcement protection, or intelligence gathering employee or agent, of the state or federal government, from operating any audiovisual recording device in any facility where a motion picture is being exhibited, as part of a lawfully authorized investigative, protective, law enforcement, or intelligence gathering activity.
(i) This section shall not apply to a person who operates the audiovisual recording function of a device in a retail establishment for the sole purpose of demonstrating the use and operation of the device for a prospective customer.
(j) For purposes of this section, "facility" shall not be construed to include a personal residence.
(k) (1) A violation of this section is a Class A misdemeanor. (2) Nothing in this section shall be construed as prohibiting prosecution under any other applicable provision of law.
(1) A violation of this section is a Class A misdemeanor.
(2) Nothing in this section shall be construed as prohibiting prosecution under any other applicable provision of law.
Acts 2004, ch. 471, § 1.
Tenn. Code Ann. § 39-11-711 — TN Code / Title 39 / Chapter 11 / Section 39-11-711
Protection of seized property
Status: in_force

In the event there is probable cause to believe that any individual having a right to enter real property that is the subject of a forfeiture proceeding under this part is also engaged, or about to engage, in conduct that will result in the diminution of the value of the real property to the state, then the court in which the forfeiture is pending may grant injunctive relief enjoining any such action diminishing the value of the property, including the padlocking of the premises or the appointment of a receiver or any other appropriate extraordinary relief. Acts 1998, ch. 979, § 11.
In the event there is probable cause to believe that any individual having a right to enter real property that is the subject of a forfeiture proceeding under this part is also engaged, or about to engage, in conduct that will result in the diminution of the value of the real property to the state, then the court in which the forfeiture is pending may grant injunctive relief enjoining any such action diminishing the value of the property, including the padlocking of the premises or the appointment of a receiver or any other appropriate extraordinary relief.
Acts 1998, ch. 979, § 11.
Tenn. Code Ann. § 39-17-110 — TN Code / Title 39 / Chapter 17 / Section 39-17-110
Attachment of signs to barriers constructed or owned by a governmental entity
Status: in_force

(a) It is an offense to tie, attach or otherwise place any sign, sheet, board, poster, banner, advertisement, or other similar item on any fence or barrier that borders an interstate highway if the fence or barrier was constructed or is owned by a governmental entity. (b) A violation of this section is a Class C misdemeanor. Acts 1995, ch. 423, § 1.
(a) It is an offense to tie, attach or otherwise place any sign, sheet, board, poster, banner, advertisement, or other similar item on any fence or barrier that borders an interstate highway if the fence or barrier was constructed or is owned by a governmental entity.
(b) A violation of this section is a Class C misdemeanor.
Acts 1995, ch. 423, § 1.
Tenn. Code Ann. § 39-17-408 — TN Code / Title 39 / Chapter 17 / Section 39-17-408
Controlled substances in Schedule II
Status: in_force

(a) Schedule II consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section. (b) Substances, vegetable origin or chemical synthesis, unless specifically excepted or unless listed in another schedule, means any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate excluding apomorphine, dextrorphan, thebaine-derived butorphanol, nalmefene, nalbuphine, naloxone, and naltrexone, and their respective salts, but including the following: (A) Codeine; (B) Dihydroetorphine; (C) Ethylmorphine; (D) Etorphine hydrochloride; (E) Granulated opium; (F) Hydrocodone; (G) Hydromorphone; (H) Metopon; (I) Morphine; (J) Opium extracts; (K) Opium fluid; (L) Oripavine; (M) Oxycodone; (N) Oxymorphone; (O) Powdered opium; (P) Raw opium; (Q) Thebaine; or (R) Tincture of opium; (2) Any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical with any of the substances referred to in subdivision (b)(1), except that these substances shall not include the isoquinoline alkaloids of opium; (3) Opium poppy and poppy straw; (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves (including cocaine and ecgonine and their salts, isomers, derivatives, and salts of isomers and derivatives), and any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine; or (5) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form that contains the phenanthrene alkaloids of the opium poppy). (c) Opiates, unless specifically excepted or unless in another schedule, means any of the following opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted: (1) Alfentanil; (2) Alphaprodine; (3) Anileridine; (4) Bezitramide; (5) Carfentanil; (6) Dextropropoxyphene (bulk, non-dosage forms); (7) Dihydrocodeine; (8) Diphenoxylate; (9) Fentanyl; (10) lsomethadone; (11) Levo-alphacetylmethadol Other names: levo-alpha-acetylmethadol; levomethadyl acetate; LAAM; (12) Levomethorphan; (13) Levorphanol; (14) Metazocine; (15) Methadone; (16) Methadone-Intermediate; 4-cyano-2-dimethylamino-4,4-diphenyl butane; (17) Moramide-lntermediate; diphenylpropane-carboxylic acid; 2-methyl-3-morpholino-1,1-Pethidine (meperidine); (18) Pethidine (meperidine); (19) Pethidine-Intermediate-A; 4-cyano-1-methyl-4-phenylpiperidine; (20) Pethidine-Intermediate-B; ethyl-4-phenylpiperidine-4-carboxylate; (21) Pethidine-Intermediate-C; 1-methyl-4-phenylpiperidine-4-carboxylic acid; (22) Phenazocine; (23) Piminodine; (24) Racemethorphan; (25) Racemorphan; (26) Remifentanil; (27) Sufentanil; (28) Tapentadol; or (29) Thiafentanil. (d) Stimulants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system: (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers; (2) Methamphetamine, its salts, isomers, and salts of its isomers; (3) Phenmetrazine and its salts; (4) Methylphenidate; or (5) Lisdexamfetamine, its salts, isomers, and salts of its isomers. (e) Depressants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Amobarbital; (2) Glutethimide; (3) Pentobarbital; (4) Phencyclidine; or (5) Secobarbital. (f) Hallucinogenic substances: (1) Nabilone Other names: (±)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1- hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one; or (2) Dronabinol in oral solution in drug product approved for marketing by United States food and drug administration Other names: [(-)-delta-9-trans tetrahydrocannabinol], Syndros. (g) Immediate precursors, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances: (1) Immediate precursor to amphetamine and methamphetamine: (A) Phenylacetone Other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone; (2) Immediate precursors to phencyclidine (PCP): (A) 1-phenylcyclohexylamine; or (B) 1-piperidinocyclohexanecarbonitrile (PCC); or (3) Immediate precursor to fentanyl: (A) 4-anilino-N-phenethyl-4-piperidine (ANPP). (h) Tianeptine and any salt, sulfate, free acid, or other preparation of tianeptine, and any salt, sulfate, free acid, compound, derivative, precursor, or other preparation thereof that is substantially chemically equivalent or identical with tianeptine. Amended by 2022 Tenn. Acts, ch. 1135, s 1, eff. 7/1/2022. Amended by 2018 Tenn. Acts, ch. 1040, Secs.s 5, s 6 eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 1040, s 4, eff. 7/1/2018. Amended by 2015 Tenn. Acts, ch. 302, s 2, eff. 7/1/2015. Acts 1989, ch. 591, § 1; 2000, ch. 884, § 1; 2007 , ch. 298, §§ 5-7; 2012 , ch. 812, § 2.
(a) Schedule II consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
(b) Substances, vegetable origin or chemical synthesis, unless specifically excepted or unless listed in another schedule, means any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate excluding apomorphine, dextrorphan, thebaine-derived butorphanol, nalmefene, nalbuphine, naloxone, and naltrexone, and their respective salts, but including the following: (A) Codeine; (B) Dihydroetorphine; (C) Ethylmorphine; (D) Etorphine hydrochloride; (E) Granulated opium; (F) Hydrocodone; (G) Hydromorphone; (H) Metopon; (I) Morphine; (J) Opium extracts; (K) Opium fluid; (L) Oripavine; (M) Oxycodone; (N) Oxymorphone; (O) Powdered opium; (P) Raw opium; (Q) Thebaine; or (R) Tincture of opium; (2) Any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical with any of the substances referred to in subdivision (b)(1), except that these substances shall not include the isoquinoline alkaloids of opium; (3) Opium poppy and poppy straw; (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves (including cocaine and ecgonine and their salts, isomers, derivatives, and salts of isomers and derivatives), and any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine; or (5) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form that contains the phenanthrene alkaloids of the opium poppy).
(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate excluding apomorphine, dextrorphan, thebaine-derived butorphanol, nalmefene, nalbuphine, naloxone, and naltrexone, and their respective salts, but including the following: (A) Codeine; (B) Dihydroetorphine; (C) Ethylmorphine; (D) Etorphine hydrochloride; (E) Granulated opium; (F) Hydrocodone; (G) Hydromorphone; (H) Metopon; (I) Morphine; (J) Opium extracts; (K) Opium fluid; (L) Oripavine; (M) Oxycodone; (N) Oxymorphone; (O) Powdered opium; (P) Raw opium; (Q) Thebaine; or (R) Tincture of opium;
(A) Codeine;
(B) Dihydroetorphine;
(C) Ethylmorphine;
(D) Etorphine hydrochloride;
(E) Granulated opium;
(F) Hydrocodone;
(G) Hydromorphone;
(H) Metopon;
(I) Morphine;
(J) Opium extracts;
(K) Opium fluid;
(L) Oripavine;
(M) Oxycodone;
(N) Oxymorphone;
(O) Powdered opium;
(P) Raw opium;
(Q) Thebaine; or
(R) Tincture of opium;
(2) Any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical with any of the substances referred to in subdivision (b)(1), except that these substances shall not include the isoquinoline alkaloids of opium;
(3) Opium poppy and poppy straw;
(4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves (including cocaine and ecgonine and their salts, isomers, derivatives, and salts of isomers and derivatives), and any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine; or
(5) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form that contains the phenanthrene alkaloids of the opium poppy).
(c) Opiates, unless specifically excepted or unless in another schedule, means any of the following opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted: (1) Alfentanil; (2) Alphaprodine; (3) Anileridine; (4) Bezitramide; (5) Carfentanil; (6) Dextropropoxyphene (bulk, non-dosage forms); (7) Dihydrocodeine; (8) Diphenoxylate; (9) Fentanyl; (10) lsomethadone; (11) Levo-alphacetylmethadol Other names: levo-alpha-acetylmethadol; levomethadyl acetate; LAAM; (12) Levomethorphan; (13) Levorphanol; (14) Metazocine; (15) Methadone; (16) Methadone-Intermediate; 4-cyano-2-dimethylamino-4,4-diphenyl butane; (17) Moramide-lntermediate; diphenylpropane-carboxylic acid; 2-methyl-3-morpholino-1,1-Pethidine (meperidine); (18) Pethidine (meperidine); (19) Pethidine-Intermediate-A; 4-cyano-1-methyl-4-phenylpiperidine; (20) Pethidine-Intermediate-B; ethyl-4-phenylpiperidine-4-carboxylate; (21) Pethidine-Intermediate-C; 1-methyl-4-phenylpiperidine-4-carboxylic acid; (22) Phenazocine; (23) Piminodine; (24) Racemethorphan; (25) Racemorphan; (26) Remifentanil; (27) Sufentanil; (28) Tapentadol; or (29) Thiafentanil.
(1) Alfentanil;
(2) Alphaprodine;
(3) Anileridine;
(4) Bezitramide;
(5) Carfentanil;
(6) Dextropropoxyphene (bulk, non-dosage forms);
(7) Dihydrocodeine;
(8) Diphenoxylate;
(9) Fentanyl;
(10) lsomethadone;
(11) Levo-alphacetylmethadol Other names: levo-alpha-acetylmethadol; levomethadyl acetate; LAAM;
Other names: levo-alpha-acetylmethadol; levomethadyl acetate; LAAM;
(12) Levomethorphan;
(13) Levorphanol;
(14) Metazocine;
(15) Methadone;
(16) Methadone-Intermediate; 4-cyano-2-dimethylamino-4,4-diphenyl butane;
(17) Moramide-lntermediate; diphenylpropane-carboxylic acid; 2-methyl-3-morpholino-1,1-Pethidine (meperidine);
(18) Pethidine (meperidine);
(19) Pethidine-Intermediate-A; 4-cyano-1-methyl-4-phenylpiperidine;
(20) Pethidine-Intermediate-B; ethyl-4-phenylpiperidine-4-carboxylate;
(21) Pethidine-Intermediate-C; 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(22) Phenazocine;
(23) Piminodine;
(24) Racemethorphan;
(25) Racemorphan;
(26) Remifentanil;
(27) Sufentanil;
(28) Tapentadol; or
(29) Thiafentanil.
(d) Stimulants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system: (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers; (2) Methamphetamine, its salts, isomers, and salts of its isomers; (3) Phenmetrazine and its salts; (4) Methylphenidate; or (5) Lisdexamfetamine, its salts, isomers, and salts of its isomers.
(1) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
(2) Methamphetamine, its salts, isomers, and salts of its isomers;
(3) Phenmetrazine and its salts;
(4) Methylphenidate; or
(5) Lisdexamfetamine, its salts, isomers, and salts of its isomers.
(e) Depressants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Amobarbital; (2) Glutethimide; (3) Pentobarbital; (4) Phencyclidine; or (5) Secobarbital.
(1) Amobarbital;
(2) Glutethimide;
(3) Pentobarbital;
(4) Phencyclidine; or
(5) Secobarbital.
(f) Hallucinogenic substances: (1) Nabilone Other names: (±)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1- hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one; or (2) Dronabinol in oral solution in drug product approved for marketing by United States food and drug administration Other names: [(-)-delta-9-trans tetrahydrocannabinol], Syndros.
(1) Nabilone Other names: (±)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1- hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one; or
Other names: (±)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1- hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one; or
(2) Dronabinol in oral solution in drug product approved for marketing by United States food and drug administration Other names: [(-)-delta-9-trans tetrahydrocannabinol], Syndros.
Other names: [(-)-delta-9-trans tetrahydrocannabinol], Syndros.
(g) Immediate precursors, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances: (1) Immediate precursor to amphetamine and methamphetamine: (A) Phenylacetone Other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone; (2) Immediate precursors to phencyclidine (PCP): (A) 1-phenylcyclohexylamine; or (B) 1-piperidinocyclohexanecarbonitrile (PCC); or (3) Immediate precursor to fentanyl: (A) 4-anilino-N-phenethyl-4-piperidine (ANPP).
(1) Immediate precursor to amphetamine and methamphetamine: (A) Phenylacetone Other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone;
(A) Phenylacetone Other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone;
Other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone;
(2) Immediate precursors to phencyclidine (PCP): (A) 1-phenylcyclohexylamine; or (B) 1-piperidinocyclohexanecarbonitrile (PCC); or
(A) 1-phenylcyclohexylamine; or
(B) 1-piperidinocyclohexanecarbonitrile (PCC); or
(3) Immediate precursor to fentanyl: (A) 4-anilino-N-phenethyl-4-piperidine (ANPP).
(A) 4-anilino-N-phenethyl-4-piperidine (ANPP).
(h) Tianeptine and any salt, sulfate, free acid, or other preparation of tianeptine, and any salt, sulfate, free acid, compound, derivative, precursor, or other preparation thereof that is substantially chemically equivalent or identical with tianeptine.
Amended by 2022 Tenn. Acts, ch. 1135, s 1, eff. 7/1/2022.
Amended by 2018 Tenn. Acts, ch. 1040, Secs.s 5, s 6 eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 1040, s 4, eff. 7/1/2018.
Amended by 2015 Tenn. Acts, ch. 302, s 2, eff. 7/1/2015.
Acts 1989, ch. 591, § 1; 2000, ch. 884, § 1; 2007 , ch. 298, §§ 5-7; 2012 , ch. 812, § 2.
Tenn. Code Ann. § 39-17-652 — TN Code / Title 39 / Chapter 17 / Section 39-17-652
Offense of conducting more than one annual event
Status: in_force

(a) It is an offense for any person to knowingly conduct more than one (1) annual event for the benefit of the same nonprofit organization within the twelve-month period beginning July 1 following the application deadline and ending the next June 30. (b) A violation of this section is a Class A misdemeanor; provided, however, that the maximum fine shall be fifty thousand dollars ($50,000) per event in excess of the authorized annual event. Amended by 2015 Tenn. Acts, ch. 134,s 25, eff. 4/14/2015. Acts 2004, ch. 476, § 9.
(a) It is an offense for any person to knowingly conduct more than one (1) annual event for the benefit of the same nonprofit organization within the twelve-month period beginning July 1 following the application deadline and ending the next June 30.
(b) A violation of this section is a Class A misdemeanor; provided, however, that the maximum fine shall be fifty thousand dollars ($50,000) per event in excess of the authorized annual event.
Amended by 2015 Tenn. Acts, ch. 134,s 25, eff. 4/14/2015.
Acts 2004, ch. 476, § 9.
Tenn. Code Ann. § 39-12-107 — TN Code / Title 39 / Chapter 12 / Section 39-12-107
Grading attempt, solicitation and conspiracy
Status: in_force

(a) Criminal attempt is an offense one (1) classification lower than the most serious crime attempted, unless the offense attempted was a Class C misdemeanor, in which case the attempt would not be an offense. (b) Solicitation is an offense two (2) classifications lower than the most serious offense solicited, unless the offense solicited was a Class B or C misdemeanor, in which case the solicitation would not be an offense. (c) Except as provided in § 39-17-417(i) and (j) , conspiracy is an offense one (1) classification lower than the most serious offense that is the object of the conspiracy, unless the offense conspired was a Class C misdemeanor, in which case the conspiracy would not be an offense. Acts 1989, ch. 591, § 1.
(a) Criminal attempt is an offense one (1) classification lower than the most serious crime attempted, unless the offense attempted was a Class C misdemeanor, in which case the attempt would not be an offense.
(b) Solicitation is an offense two (2) classifications lower than the most serious offense solicited, unless the offense solicited was a Class B or C misdemeanor, in which case the solicitation would not be an offense.
(c) Except as provided in § 39-17-417(i) and (j) , conspiracy is an offense one (1) classification lower than the most serious offense that is the object of the conspiracy, unless the offense conspired was a Class C misdemeanor, in which case the conspiracy would not be an offense.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-419 — TN Code / Title 39 / Chapter 17 / Section 39-17-419
Inferences
Status: in_force

It may be inferred from the amount of a controlled substance or substances possessed by an offender, along with other relevant facts surrounding the arrest, that the controlled substance or substances were possessed with the purpose of selling or otherwise dispensing. It may be inferred from circumstances indicating a casual exchange among individuals of a small amount of a controlled substance or substances that the controlled substance or substances so exchanged were possessed not with the purpose of selling or otherwise dispensing in violation of § 39-17-417(a) . The inferences shall be transmitted to the jury by the trial judge's charge, and the jury will consider the inferences along with the nature of the substance possessed when affixing the penalty. Acts 1989, ch. 591, § 1.
It may be inferred from the amount of a controlled substance or substances possessed by an offender, along with other relevant facts surrounding the arrest, that the controlled substance or substances were possessed with the purpose of selling or otherwise dispensing. It may be inferred from circumstances indicating a casual exchange among individuals of a small amount of a controlled substance or substances that the controlled substance or substances so exchanged were possessed not with the purpose of selling or otherwise dispensing in violation of § 39-17-417(a) . The inferences shall be transmitted to the jury by the trial judge's charge, and the jury will consider the inferences along with the nature of the substance possessed when affixing the penalty.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-902 — TN Code / Title 39 / Chapter 17 / Section 39-17-902
Producing, importing, preparing, distributing, processing or appearing in obscene material or exhibition - Distribution to or employment of minors
Status: in_force

(a) (1) It is unlawful to knowingly produce, send or cause to be sent, or bring or cause to be brought, into this state for sale, distribution, exhibition or display, or in this state to prepare for distribution, publish, print, exhibit, distribute, or offer to distribute, or to possess with intent to distribute or to exhibit or offer to distribute any obscene matter, or to do any of the aforementioned with any matter found legally obscene that violates the requirements of 18 U.S.C. § 2257 . It is unlawful to direct, present or produce any obscene theatrical production, peep show or live performance, and every person who participates in that part of the production which renders the production or performance obscene is guilty of the offense. (2) It is unlawful for a book publisher, distributor, or seller to knowingly sell or distribute obscene matter to a public school serving any of the grades kindergarten through twelve (K-12). (b) It is unlawful for any person to hire, employ or use a minor to do or assist in doing any of the acts described in subsection (a) with knowledge that the person is a minor under eighteen (18) years of age, or while in possession of the facts that the person should reasonably know that the person is a minor under eighteen (18) years of age. However, this section shall not apply to those acts that are prohibited by §§ 39-17-1003 - 39-17-1005. (c) (1) A violation of subdivision (a)(1) is a Class A misdemeanor, and, in addition, any corporation or business entity that violates this section shall be fined an amount not less than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000). (2) A second or subsequent violation of subdivision (a)(1) is a Class E felony; provided, that the second or subsequent violation occurs after a conviction has been obtained for the previous violation; provided further, that the range of fines authorized for a first violation by a corporation or business entity shall also be applicable for second or subsequent violations by the corporation or entity. (3) A violation of subdivision (a)(2) is a Class E felony, and, in addition, a violator shall be fined an amount not less than ten thousand dollars ($10,000) nor more than one hundred thousand dollars ($100,000). (d) A violation of subsection (b) is a Class E felony, and, in addition, a violator shall be fined an amount not less than ten thousand dollars ($10,000) nor more than one hundred thousand dollars ($100,000). (e) (1) It is an exception to this section that the obscene material is possessed by a person having scientific, educational, governmental or other similar justification. (2) The educational justification exception established in subdivision (e)(1) does not apply if the obscene material is possessed by a person with the intent to send, sell, distribute, exhibit, or display the material to a minor. Amended by 2023 Tenn. Acts, ch. 278, s 3, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 278, s 2, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 278, s 1, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1002, s 1, eff. 7/1/2022. Acts 1989, ch. 591, § 1; 1990, ch. 1092, § 4; 1991, ch. 469, § 1; 1996, ch. 1070, § 1.
(a) (1) It is unlawful to knowingly produce, send or cause to be sent, or bring or cause to be brought, into this state for sale, distribution, exhibition or display, or in this state to prepare for distribution, publish, print, exhibit, distribute, or offer to distribute, or to possess with intent to distribute or to exhibit or offer to distribute any obscene matter, or to do any of the aforementioned with any matter found legally obscene that violates the requirements of 18 U.S.C. § 2257 . It is unlawful to direct, present or produce any obscene theatrical production, peep show or live performance, and every person who participates in that part of the production which renders the production or performance obscene is guilty of the offense. (2) It is unlawful for a book publisher, distributor, or seller to knowingly sell or distribute obscene matter to a public school serving any of the grades kindergarten through twelve (K-12).
(1) It is unlawful to knowingly produce, send or cause to be sent, or bring or cause to be brought, into this state for sale, distribution, exhibition or display, or in this state to prepare for distribution, publish, print, exhibit, distribute, or offer to distribute, or to possess with intent to distribute or to exhibit or offer to distribute any obscene matter, or to do any of the aforementioned with any matter found legally obscene that violates the requirements of 18 U.S.C. § 2257 . It is unlawful to direct, present or produce any obscene theatrical production, peep show or live performance, and every person who participates in that part of the production which renders the production or performance obscene is guilty of the offense.
(2) It is unlawful for a book publisher, distributor, or seller to knowingly sell or distribute obscene matter to a public school serving any of the grades kindergarten through twelve (K-12).
(b) It is unlawful for any person to hire, employ or use a minor to do or assist in doing any of the acts described in subsection (a) with knowledge that the person is a minor under eighteen (18) years of age, or while in possession of the facts that the person should reasonably know that the person is a minor under eighteen (18) years of age. However, this section shall not apply to those acts that are prohibited by §§ 39-17-1003 - 39-17-1005.
(c) (1) A violation of subdivision (a)(1) is a Class A misdemeanor, and, in addition, any corporation or business entity that violates this section shall be fined an amount not less than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000). (2) A second or subsequent violation of subdivision (a)(1) is a Class E felony; provided, that the second or subsequent violation occurs after a conviction has been obtained for the previous violation; provided further, that the range of fines authorized for a first violation by a corporation or business entity shall also be applicable for second or subsequent violations by the corporation or entity. (3) A violation of subdivision (a)(2) is a Class E felony, and, in addition, a violator shall be fined an amount not less than ten thousand dollars ($10,000) nor more than one hundred thousand dollars ($100,000).
(1) A violation of subdivision (a)(1) is a Class A misdemeanor, and, in addition, any corporation or business entity that violates this section shall be fined an amount not less than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000).
(2) A second or subsequent violation of subdivision (a)(1) is a Class E felony; provided, that the second or subsequent violation occurs after a conviction has been obtained for the previous violation; provided further, that the range of fines authorized for a first violation by a corporation or business entity shall also be applicable for second or subsequent violations by the corporation or entity.
(3) A violation of subdivision (a)(2) is a Class E felony, and, in addition, a violator shall be fined an amount not less than ten thousand dollars ($10,000) nor more than one hundred thousand dollars ($100,000).
(d) A violation of subsection (b) is a Class E felony, and, in addition, a violator shall be fined an amount not less than ten thousand dollars ($10,000) nor more than one hundred thousand dollars ($100,000).
(e) (1) It is an exception to this section that the obscene material is possessed by a person having scientific, educational, governmental or other similar justification. (2) The educational justification exception established in subdivision (e)(1) does not apply if the obscene material is possessed by a person with the intent to send, sell, distribute, exhibit, or display the material to a minor.
(1) It is an exception to this section that the obscene material is possessed by a person having scientific, educational, governmental or other similar justification.
(2) The educational justification exception established in subdivision (e)(1) does not apply if the obscene material is possessed by a person with the intent to send, sell, distribute, exhibit, or display the material to a minor.
Amended by 2023 Tenn. Acts, ch. 278, s 3, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 278, s 2, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 278, s 1, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1002, s 1, eff. 7/1/2022.
Acts 1989, ch. 591, § 1; 1990, ch. 1092, § 4; 1991, ch. 469, § 1; 1996, ch. 1070, § 1.
Tenn. Code Ann. § 39-17-416 — TN Code / Title 39 / Chapter 17 / Section 39-17-416
Controlled substances in Schedule VII
Status: in_force

(a) There is established a Schedule VII for the classification of substances that should not be included in Schedules I through VI. (b) The controlled substance included in Schedule VII is Butyl nitrite and any isomer of Butyl nitrite. Acts 1989, ch. 591, § 1; 1990, ch. 1044, § 1; 1992, ch. 700, §§ 1, 2.
(a) There is established a Schedule VII for the classification of substances that should not be included in Schedules I through VI.
(b) The controlled substance included in Schedule VII is Butyl nitrite and any isomer of Butyl nitrite.
Acts 1989, ch. 591, § 1; 1990, ch. 1044, § 1; 1992, ch. 700, §§ 1, 2.
Tenn. Code Ann. § 39-17-452 — TN Code / Title 39 / Chapter 17 / Section 39-17-452
Synthetic derivatives or analogues of methcathinone
Status: in_force

(a) (1) Unless specifically excepted or unless listed in another schedule, it is an offense to knowingly produce, manufacture, distribute, sell, offer for sale, or possess any capsule, pill, or other product composed of or containing any amount of any compound, other than bupropion, that is structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways: (A) Substitution in the phenyl ring to any extent with alkyl; alkoxy; alkylenedioxy; haloalkyl; or halide substituents, whether or not further substituted in the phenyl ring by one (1) or more other univalent substituents; (B) Substitution at the 3-position with an alkyl substituent; or (C) Substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure. (2) Compounds recognized under subdivision (a)(1) include, but are not limited to: (A) 4-Methoxymethcathinone (Methedrone); (B) 3-Methoxymethcathinone (HMMC); (C) 4-Methyl-alpha-pyrrolidinobutyrophenone (MPBP); (D) 4-Ethylmethcathinone (4-EMC); (E) 3,4-Dimethylmethcathinone (3,4-DMMC); (F) [beta]-Keto-Ethylbenzodioxolylbutanamine (Eutylone); (G) 3,4-Methylenedioxy-N-ethylcathinone (Ethylone); (H) Mitragynine and hydroxymitragynine; (I) Desoxypipradol; (J) URB 754; and (K) URB602. (3) (A) It is an offense for a person to knowingly: (i) Sell, or offer for sale, Kratom unless labeled and in its natural form; (ii) Distribute, sell, or offer for sale, Kratom to a person under the age of twenty-one (21) years; or (iii) Purchase or possess Kratom if under the age of twenty-one (21) years. (B) For purposes of this subdivision (a)(3): (i) "Labeled" means a label containing the manufacturer's information and a warning that includes, at a minimum, "Warning: Do not use if you are pregnant or nursing. It is illegal to possess Kratom if under 21 years of age. Consult your healthcare professional before using. Do not combine with alcohol or medication. Consult a doctor prior to usage if you have any heart disease, liver disorder, high blood pressure, or medical condition or take medication."; and (ii) "Natural form" means dried, cut, and sifted Kratom leaf or raw Kratom leaf powder. (b) Subsection (a) shall not apply to drugs or substances lawfully prescribed or to drugs or substances that have been approved by the federal food and drug administration. (c) A violation of subsection (a) is a Class A misdemeanor. Amended by 2018 Tenn. Acts, ch. 1040,s 10, eff. 7/1/2018. Amended by 2015 Tenn. Acts, ch. 302,s 7, eff. 7/1/2015. Amended by 2013 Tenn. Acts, ch. 161,s 5, eff. 7/1/2013. Acts 2011, ch. 169, § 1; 2012, ch. 838, § 1.
(a) (1) Unless specifically excepted or unless listed in another schedule, it is an offense to knowingly produce, manufacture, distribute, sell, offer for sale, or possess any capsule, pill, or other product composed of or containing any amount of any compound, other than bupropion, that is structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways: (A) Substitution in the phenyl ring to any extent with alkyl; alkoxy; alkylenedioxy; haloalkyl; or halide substituents, whether or not further substituted in the phenyl ring by one (1) or more other univalent substituents; (B) Substitution at the 3-position with an alkyl substituent; or (C) Substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure. (2) Compounds recognized under subdivision (a)(1) include, but are not limited to: (A) 4-Methoxymethcathinone (Methedrone); (B) 3-Methoxymethcathinone (HMMC); (C) 4-Methyl-alpha-pyrrolidinobutyrophenone (MPBP); (D) 4-Ethylmethcathinone (4-EMC); (E) 3,4-Dimethylmethcathinone (3,4-DMMC); (F) [beta]-Keto-Ethylbenzodioxolylbutanamine (Eutylone); (G) 3,4-Methylenedioxy-N-ethylcathinone (Ethylone); (H) Mitragynine and hydroxymitragynine; (I) Desoxypipradol; (J) URB 754; and (K) URB602. (3) (A) It is an offense for a person to knowingly: (i) Sell, or offer for sale, Kratom unless labeled and in its natural form; (ii) Distribute, sell, or offer for sale, Kratom to a person under the age of twenty-one (21) years; or (iii) Purchase or possess Kratom if under the age of twenty-one (21) years. (B) For purposes of this subdivision (a)(3): (i) "Labeled" means a label containing the manufacturer's information and a warning that includes, at a minimum, "Warning: Do not use if you are pregnant or nursing. It is illegal to possess Kratom if under 21 years of age. Consult your healthcare professional before using. Do not combine with alcohol or medication. Consult a doctor prior to usage if you have any heart disease, liver disorder, high blood pressure, or medical condition or take medication."; and (ii) "Natural form" means dried, cut, and sifted Kratom leaf or raw Kratom leaf powder.
(1) Unless specifically excepted or unless listed in another schedule, it is an offense to knowingly produce, manufacture, distribute, sell, offer for sale, or possess any capsule, pill, or other product composed of or containing any amount of any compound, other than bupropion, that is structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways: (A) Substitution in the phenyl ring to any extent with alkyl; alkoxy; alkylenedioxy; haloalkyl; or halide substituents, whether or not further substituted in the phenyl ring by one (1) or more other univalent substituents; (B) Substitution at the 3-position with an alkyl substituent; or (C) Substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.
(A) Substitution in the phenyl ring to any extent with alkyl; alkoxy; alkylenedioxy; haloalkyl; or halide substituents, whether or not further substituted in the phenyl ring by one (1) or more other univalent substituents;
(B) Substitution at the 3-position with an alkyl substituent; or
(C) Substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.
(2) Compounds recognized under subdivision (a)(1) include, but are not limited to: (A) 4-Methoxymethcathinone (Methedrone); (B) 3-Methoxymethcathinone (HMMC); (C) 4-Methyl-alpha-pyrrolidinobutyrophenone (MPBP); (D) 4-Ethylmethcathinone (4-EMC); (E) 3,4-Dimethylmethcathinone (3,4-DMMC); (F) [beta]-Keto-Ethylbenzodioxolylbutanamine (Eutylone); (G) 3,4-Methylenedioxy-N-ethylcathinone (Ethylone); (H) Mitragynine and hydroxymitragynine; (I) Desoxypipradol; (J) URB 754; and (K) URB602.
(A) 4-Methoxymethcathinone (Methedrone);
(B) 3-Methoxymethcathinone (HMMC);
(C) 4-Methyl-alpha-pyrrolidinobutyrophenone (MPBP);
(D) 4-Ethylmethcathinone (4-EMC);
(E) 3,4-Dimethylmethcathinone (3,4-DMMC);
(F) [beta]-Keto-Ethylbenzodioxolylbutanamine (Eutylone);
(G) 3,4-Methylenedioxy-N-ethylcathinone (Ethylone);
(H) Mitragynine and hydroxymitragynine;
(I) Desoxypipradol;
(J) URB 754; and
(K) URB602.
(3) (A) It is an offense for a person to knowingly: (i) Sell, or offer for sale, Kratom unless labeled and in its natural form; (ii) Distribute, sell, or offer for sale, Kratom to a person under the age of twenty-one (21) years; or (iii) Purchase or possess Kratom if under the age of twenty-one (21) years. (B) For purposes of this subdivision (a)(3): (i) "Labeled" means a label containing the manufacturer's information and a warning that includes, at a minimum, "Warning: Do not use if you are pregnant or nursing. It is illegal to possess Kratom if under 21 years of age. Consult your healthcare professional before using. Do not combine with alcohol or medication. Consult a doctor prior to usage if you have any heart disease, liver disorder, high blood pressure, or medical condition or take medication."; and (ii) "Natural form" means dried, cut, and sifted Kratom leaf or raw Kratom leaf powder.
(A) It is an offense for a person to knowingly: (i) Sell, or offer for sale, Kratom unless labeled and in its natural form; (ii) Distribute, sell, or offer for sale, Kratom to a person under the age of twenty-one (21) years; or (iii) Purchase or possess Kratom if under the age of twenty-one (21) years.
(i) Sell, or offer for sale, Kratom unless labeled and in its natural form;
(ii) Distribute, sell, or offer for sale, Kratom to a person under the age of twenty-one (21) years; or
(iii) Purchase or possess Kratom if under the age of twenty-one (21) years.
(B) For purposes of this subdivision (a)(3): (i) "Labeled" means a label containing the manufacturer's information and a warning that includes, at a minimum, "Warning: Do not use if you are pregnant or nursing. It is illegal to possess Kratom if under 21 years of age. Consult your healthcare professional before using. Do not combine with alcohol or medication. Consult a doctor prior to usage if you have any heart disease, liver disorder, high blood pressure, or medical condition or take medication."; and (ii) "Natural form" means dried, cut, and sifted Kratom leaf or raw Kratom leaf powder.
(i) "Labeled" means a label containing the manufacturer's information and a warning that includes, at a minimum, "Warning: Do not use if you are pregnant or nursing. It is illegal to possess Kratom if under 21 years of age. Consult your healthcare professional before using. Do not combine with alcohol or medication. Consult a doctor prior to usage if you have any heart disease, liver disorder, high blood pressure, or medical condition or take medication."; and
(ii) "Natural form" means dried, cut, and sifted Kratom leaf or raw Kratom leaf powder.
(b) Subsection (a) shall not apply to drugs or substances lawfully prescribed or to drugs or substances that have been approved by the federal food and drug administration.
(c) A violation of subsection (a) is a Class A misdemeanor.
Amended by 2018 Tenn. Acts, ch. 1040,s 10, eff. 7/1/2018.
Amended by 2015 Tenn. Acts, ch. 302,s 7, eff. 7/1/2015.
Amended by 2013 Tenn. Acts, ch. 161,s 5, eff. 7/1/2013.
Acts 2011, ch. 169, § 1; 2012, ch. 838, § 1.
Tenn. Code Ann. § 39-14-206 — TN Code / Title 39 / Chapter 14 / Section 39-14-206
Taking fish caught by another
Status: in_force

(a) It is unlawful for any person to take fish out of the box, net, basket or off the hook of another person, or to raise any box, net, basket, or trot-line, without the consent of the owner of the device, unless the fish is taken by an officer to be used as evidence in the prosecution of a violation of the game and fish laws. (b) Any violation of this section is a Class C misdemeanor. Acts 1989, ch. 591, § 1.
(a) It is unlawful for any person to take fish out of the box, net, basket or off the hook of another person, or to raise any box, net, basket, or trot-line, without the consent of the owner of the device, unless the fish is taken by an officer to be used as evidence in the prosecution of a violation of the game and fish laws.
(b) Any violation of this section is a Class C misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-1353 — TN Code / Title 39 / Chapter 17 / Section 39-17-1353
Review of revocation or suspension
Status: in_force

(a) Any person who has received a notice of suspension or revocation may make a written request for a review of the department's determination by the department at a hearing. The request shall be made on a form available from the department. If the person's permit has not been previously surrendered, it must be surrendered at the time the request for a hearing is made. A request for a hearing does not stay the permit suspension or revocation. (b) Within thirty (30) days from the date the request for a hearing is filed, the department shall establish a hearing date and set the case on a docket. Nothing in this section shall be construed as requiring the hearing to be conducted within such thirty-day period. The hearing shall be held at a place designated by the department. The department shall provide written notice of the time and place of the hearing to the party requesting the hearing at least ten (10) days prior to the scheduled hearing, unless the party agrees to waive this requirement. (c) The presiding hearing officer shall be the commissioner or an authorized representative designated by the commissioner. The presiding hearing officer shall have the authority to: (1) Administer oaths and affirmations; (2) Examine witnesses and take testimony; (3) Receive relevant evidence; (4) Issue subpoenas, take depositions, or cause depositions to interrogatories to be taken; (5) Regulate the course and conduct of the hearing; and (6) Make a final ruling on the issue. (d) The sole issue at the hearing shall be whether by a preponderance of the evidence the person has violated any provision of §§ 39-17-1351 - 39-17-1360 or § 39-17-1366 . If the presiding hearing officer finds the affirmative of this issue, the suspension or revocation order shall be sustained. If the presiding hearing officer finds the negative of this issue, the suspension or revocation order shall be rescinded. (e) The hearing shall be recorded. The decision of the presiding hearing officer shall be rendered in writing, and a copy will be provided to the person who requested the hearing. (f) If the person who requested the hearing fails to appear without just cause, the right to a hearing shall be waived, and the department's earlier determination shall be final. (g) Witnesses under subpoena shall be entitled to the same fees as are now or may hereafter be provided for witnesses in civil actions in the circuit court and, unless otherwise provided by law or by action of the agency, the party requesting the subpoenas shall bear the cost of paying fees to the witnesses subpoenaed. Amended by 2019 Tenn. Acts, ch. 479, s 19, eff. 1/1/2020. Acts 1996, ch. 905, § 5.
(a) Any person who has received a notice of suspension or revocation may make a written request for a review of the department's determination by the department at a hearing. The request shall be made on a form available from the department. If the person's permit has not been previously surrendered, it must be surrendered at the time the request for a hearing is made. A request for a hearing does not stay the permit suspension or revocation.
(b) Within thirty (30) days from the date the request for a hearing is filed, the department shall establish a hearing date and set the case on a docket. Nothing in this section shall be construed as requiring the hearing to be conducted within such thirty-day period. The hearing shall be held at a place designated by the department. The department shall provide written notice of the time and place of the hearing to the party requesting the hearing at least ten (10) days prior to the scheduled hearing, unless the party agrees to waive this requirement.
(c) The presiding hearing officer shall be the commissioner or an authorized representative designated by the commissioner. The presiding hearing officer shall have the authority to: (1) Administer oaths and affirmations; (2) Examine witnesses and take testimony; (3) Receive relevant evidence; (4) Issue subpoenas, take depositions, or cause depositions to interrogatories to be taken; (5) Regulate the course and conduct of the hearing; and (6) Make a final ruling on the issue.
(1) Administer oaths and affirmations;
(2) Examine witnesses and take testimony;
(3) Receive relevant evidence;
(4) Issue subpoenas, take depositions, or cause depositions to interrogatories to be taken;
(5) Regulate the course and conduct of the hearing; and
(6) Make a final ruling on the issue.
(d) The sole issue at the hearing shall be whether by a preponderance of the evidence the person has violated any provision of §§ 39-17-1351 - 39-17-1360 or § 39-17-1366 . If the presiding hearing officer finds the affirmative of this issue, the suspension or revocation order shall be sustained. If the presiding hearing officer finds the negative of this issue, the suspension or revocation order shall be rescinded.
(e) The hearing shall be recorded. The decision of the presiding hearing officer shall be rendered in writing, and a copy will be provided to the person who requested the hearing.
(f) If the person who requested the hearing fails to appear without just cause, the right to a hearing shall be waived, and the department's earlier determination shall be final.
(g) Witnesses under subpoena shall be entitled to the same fees as are now or may hereafter be provided for witnesses in civil actions in the circuit court and, unless otherwise provided by law or by action of the agency, the party requesting the subpoenas shall bear the cost of paying fees to the witnesses subpoenaed.
Amended by 2019 Tenn. Acts, ch. 479, s 19, eff. 1/1/2020.
Acts 1996, ch. 905, § 5.
Tenn. Code Ann. § 39-17-403 — TN Code / Title 39 / Chapter 17 / Section 39-17-403
Power to schedule dangerous drugs - Federal determination - Exclusions - Revision and publication of schedules
Status: in_force

(a) The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall administer this part and title 53, chapter 11, parts 3 and 4, and may add substances to or delete or reschedule all substances enumerated in the schedules in this part, pursuant to the procedures of the commissioner of mental health and substance abuse services upon the agreement of the commissioner of health. In making a determination regarding a substance, the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall consider the following: (1) The actual or relative potential for abuse; (2) The scientific evidence of its pharmacological effect, if known; (3) The state of current scientific knowledge regarding the substance; (4) The history and current pattern of abuse; (5) The scope, duration and significance of abuse; (6) The risk to the public health; (7) The potential of the substance to produce psychic or physiological dependence liability; and (8) Whether the substance is an immediate precursor of a substance already controlled under this section. (b) After considering the factors enumerated in subsection (a), the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall make findings with respect thereto and issue a rule controlling the substance if the findings show the substance has a potential for abuse. (c) If the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, designates a substance as an immediate precursor, substances that are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor. (d) If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the commissioner of mental health and substance abuse services, the commissioner, upon the agreement of the commissioner of health, shall similarly control the substance under this part and title 53, chapter 11, parts 3 and 4 after the expiration of thirty (30) days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that thirty-day period, the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, objects to inclusion, rescheduling or deletion. In that case, the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall publish a decision, which shall be final unless altered by statute. Upon publication of objection to inclusion, rescheduling, or deletion under this part, and title 53, chapter 11, parts 3 and 4 by the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, control under this part and title 53, chapter 11, parts 3 and 4 is stayed until a decision in the matter is published. (e) Authority to control under this section does not extend to distilled spirits, wine, malt beverages or tobacco as those terms are defined or used elsewhere in this code. (f) The commissioner shall exclude the following from a schedule: (1) Hemp, as defined in § 43-27-101 ; and (2) Any nonnarcotic substance if, under the Federal Food, Drug and Cosmetic Act, compiled in 21 U.S.C. § 301 et seq., and the laws of this state, the substance may be lawfully sold over the counter without a prescription. (g) The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, in cooperation with the board of pharmacy, and in consultation with the director of the Tennessee bureau of investigation, shall revise and republish the schedules annually. Amended by 2019 Tenn. Acts, ch. 87, s 2, eff. 4/4/2019. Amended by 2018 Tenn. Acts, ch. 1040, s 1, eff. 7/1/2018. Acts 1989, ch. 591, § 1; 2010 , ch. 1100, § 65; 2012 , ch. 575, § 2.
(a) The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall administer this part and title 53, chapter 11, parts 3 and 4, and may add substances to or delete or reschedule all substances enumerated in the schedules in this part, pursuant to the procedures of the commissioner of mental health and substance abuse services upon the agreement of the commissioner of health. In making a determination regarding a substance, the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall consider the following: (1) The actual or relative potential for abuse; (2) The scientific evidence of its pharmacological effect, if known; (3) The state of current scientific knowledge regarding the substance; (4) The history and current pattern of abuse; (5) The scope, duration and significance of abuse; (6) The risk to the public health; (7) The potential of the substance to produce psychic or physiological dependence liability; and (8) Whether the substance is an immediate precursor of a substance already controlled under this section.
(1) The actual or relative potential for abuse;
(2) The scientific evidence of its pharmacological effect, if known;
(3) The state of current scientific knowledge regarding the substance;
(4) The history and current pattern of abuse;
(5) The scope, duration and significance of abuse;
(6) The risk to the public health;
(7) The potential of the substance to produce psychic or physiological dependence liability; and
(8) Whether the substance is an immediate precursor of a substance already controlled under this section.
(b) After considering the factors enumerated in subsection (a), the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall make findings with respect thereto and issue a rule controlling the substance if the findings show the substance has a potential for abuse.
(c) If the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, designates a substance as an immediate precursor, substances that are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.
(d) If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the commissioner of mental health and substance abuse services, the commissioner, upon the agreement of the commissioner of health, shall similarly control the substance under this part and title 53, chapter 11, parts 3 and 4 after the expiration of thirty (30) days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that thirty-day period, the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, objects to inclusion, rescheduling or deletion. In that case, the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall publish a decision, which shall be final unless altered by statute. Upon publication of objection to inclusion, rescheduling, or deletion under this part, and title 53, chapter 11, parts 3 and 4 by the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, control under this part and title 53, chapter 11, parts 3 and 4 is stayed until a decision in the matter is published.
(e) Authority to control under this section does not extend to distilled spirits, wine, malt beverages or tobacco as those terms are defined or used elsewhere in this code.
(f) The commissioner shall exclude the following from a schedule: (1) Hemp, as defined in § 43-27-101 ; and (2) Any nonnarcotic substance if, under the Federal Food, Drug and Cosmetic Act, compiled in 21 U.S.C. § 301 et seq., and the laws of this state, the substance may be lawfully sold over the counter without a prescription.
(1) Hemp, as defined in § 43-27-101 ; and
(2) Any nonnarcotic substance if, under the Federal Food, Drug and Cosmetic Act, compiled in 21 U.S.C. § 301 et seq., and the laws of this state, the substance may be lawfully sold over the counter without a prescription.
(g) The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, in cooperation with the board of pharmacy, and in consultation with the director of the Tennessee bureau of investigation, shall revise and republish the schedules annually.
Amended by 2019 Tenn. Acts, ch. 87, s 2, eff. 4/4/2019.
Amended by 2018 Tenn. Acts, ch. 1040, s 1, eff. 7/1/2018.
Acts 1989, ch. 591, § 1; 2010 , ch. 1100, § 65; 2012 , ch. 575, § 2.
Tenn. Code Ann. § 39-17-701 — TN Code / Title 39 / Chapter 17 / Section 39-17-701
Application of part
Status: in_force

This part shall not apply to acts that are lawful under § 26-5-107 or title 57. Acts 1989, ch. 591, § 1.
This part shall not apply to acts that are lawful under § 26-5-107 or title 57.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-15-207 — TN Code / Title 39 / Chapter 15 / Section 39-15-207
Custody of infant prematurely born alive during abortion
Status: in_force

An infant prematurely born alive in the course of a voluntary abortion is declared abandoned for purposes of custody only, and the department of children's services shall care for the infant as provided in § 34-1-103 . Acts 1989, ch. 591, § 1; 1996, ch. 1079, § 124.
An infant prematurely born alive in the course of a voluntary abortion is declared abandoned for purposes of custody only, and the department of children's services shall care for the infant as provided in § 34-1-103 .
Acts 1989, ch. 591, § 1; 1996, ch. 1079, § 124.
Tenn. Code Ann. § 39-11-117 — TN Code / Title 39 / Chapter 11 / Section 39-11-117
Classification of first degree murder
Status: in_force

(a) (1) For the purposes of classification of other offenses, first degree murder is one (1) class above Class A. (2) Attempted first degree murder and conspiracy to commit first degree murder are Class A felonies. (3) Solicitation to commit first degree murder is a Class B felony. (b) For the sole and exclusive purpose of determining the classification of prior offenses under sentencing guidelines, first degree murder is considered a Class A offense. Acts 1989, ch. 591, § 1.
(a) (1) For the purposes of classification of other offenses, first degree murder is one (1) class above Class A. (2) Attempted first degree murder and conspiracy to commit first degree murder are Class A felonies. (3) Solicitation to commit first degree murder is a Class B felony.
(1) For the purposes of classification of other offenses, first degree murder is one (1) class above Class A.
(2) Attempted first degree murder and conspiracy to commit first degree murder are Class A felonies.
(3) Solicitation to commit first degree murder is a Class B felony.
(b) For the sole and exclusive purpose of determining the classification of prior offenses under sentencing guidelines, first degree murder is considered a Class A offense.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-115 — TN Code / Title 39 / Chapter 17 / Section 39-17-115
Knowingly manufacturing, providing, transferring or submitting false identification for the purposes of obtaining or maintaining employment
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Employment" means any work engaged in for compensation in money or other valuable consideration and for which a person paying the compensation for the work performed would be required to file a W-2 wage and tax statement with the federal internal revenue service; (2) "False identification" means a document of a type intended or commonly accepted for the purposes of identification of individuals that would identify the individual to be a lawful resident alien, an individual authorized to be employed by the federal Immigration and Naturalization Act ( 8 U.S.C. § 1101 et seq.), or the United States attorney general or that would identify the individual to be a United States citizen that: (A) Is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit; and (B) Appears to be issued by or under the authority of a governmental entity; and (3) "Person" means an individual, corporation, partnership, association or any other legal entity. (b) It is an offense for a person to knowingly manufacture, provide, transfer or submit to any other person false identification for the purposes of obtaining or maintaining employment. (c) A violation of subsection (b) is a Class A misdemeanor. Each false identification document used in violation of subsection (b) shall constitute a separate offense. (d) Nothing in this section shall be construed to prohibit prosecution under any other law. (e) Upon conviction of a violation of subsection (b), if it is determined that any person in connection with a violation of this section is not lawfully present in the United States, pursuant to the federal Immigration and Naturalization Act the court shall notify the United States department of homeland security. Acts 2009, ch. 155, § 1.
(a) As used in this section, unless the context otherwise requires: (1) "Employment" means any work engaged in for compensation in money or other valuable consideration and for which a person paying the compensation for the work performed would be required to file a W-2 wage and tax statement with the federal internal revenue service; (2) "False identification" means a document of a type intended or commonly accepted for the purposes of identification of individuals that would identify the individual to be a lawful resident alien, an individual authorized to be employed by the federal Immigration and Naturalization Act ( 8 U.S.C. § 1101 et seq.), or the United States attorney general or that would identify the individual to be a United States citizen that: (A) Is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit; and (B) Appears to be issued by or under the authority of a governmental entity; and (3) "Person" means an individual, corporation, partnership, association or any other legal entity.
(1) "Employment" means any work engaged in for compensation in money or other valuable consideration and for which a person paying the compensation for the work performed would be required to file a W-2 wage and tax statement with the federal internal revenue service;
(2) "False identification" means a document of a type intended or commonly accepted for the purposes of identification of individuals that would identify the individual to be a lawful resident alien, an individual authorized to be employed by the federal Immigration and Naturalization Act ( 8 U.S.C. § 1101 et seq.), or the United States attorney general or that would identify the individual to be a United States citizen that: (A) Is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit; and (B) Appears to be issued by or under the authority of a governmental entity; and
(A) Is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit; and
(B) Appears to be issued by or under the authority of a governmental entity; and
(3) "Person" means an individual, corporation, partnership, association or any other legal entity.
(b) It is an offense for a person to knowingly manufacture, provide, transfer or submit to any other person false identification for the purposes of obtaining or maintaining employment.
(c) A violation of subsection (b) is a Class A misdemeanor. Each false identification document used in violation of subsection (b) shall constitute a separate offense.
(d) Nothing in this section shall be construed to prohibit prosecution under any other law.
(e) Upon conviction of a violation of subsection (b), if it is determined that any person in connection with a violation of this section is not lawfully present in the United States, pursuant to the federal Immigration and Naturalization Act the court shall notify the United States department of homeland security.
Acts 2009, ch. 155, § 1.
Tenn. Code Ann. § 39-11-706 — TN Code / Title 39 / Chapter 11 / Section 39-11-706
Evidence
Status: in_force

In a forfeiture action under this part, pertaining to the issue of whether the property or proceeds were known to be from some form of criminal offense, either party may introduce evidence that: (1) The property was involved in a financial transaction that was conducted or structured to evade the reporting requirements of any state or federal law; (2) Money or any negotiable instrument was found in proximity to contraband or instrumentalities of an offense; (3) The property was involved in a financial transaction that was conducted with the use of a false or fictitious name; and (4) A financial transaction involving the property was structured so as to falsely report the actual consideration or value of the transaction. Acts 1998, ch. 979, § 6.
In a forfeiture action under this part, pertaining to the issue of whether the property or proceeds were known to be from some form of criminal offense, either party may introduce evidence that:
(1) The property was involved in a financial transaction that was conducted or structured to evade the reporting requirements of any state or federal law;
(2) Money or any negotiable instrument was found in proximity to contraband or instrumentalities of an offense;
(3) The property was involved in a financial transaction that was conducted with the use of a false or fictitious name; and
(4) A financial transaction involving the property was structured so as to falsely report the actual consideration or value of the transaction.
Acts 1998, ch. 979, § 6.
Tenn. Code Ann. § 39-13-904 — TN Code / Title 39 / Chapter 13 / Section 39-13-904
Possession or distribution and use of unlawfully captured images - Misdemeanor offenses - Separate images constitute separate offenses - Defenses
Status: in_force

(a) A person commits an offense if the person: (1) Captures an image in violation of § 39-13-903 ; and (2) (A) Possesses that image; or (B) Discloses, displays, distributes, or otherwise uses that image. (b) (1) An offense under subdivision (a)(2)(A) is a Class C misdemeanor. (2) An offense under subdivision (a)(2)(B) is a Class B misdemeanor. (c) Each image a person possesses, discloses, displays, distributes, or otherwise uses in violation of this section is a separate offense. (d) It is a defense to prosecution under this section for the possession of an image that the person destroyed the image as soon as the person had knowledge that the image was captured in violation of § 39-13-903 . (e) It is a defense to prosecution under this section for the disclosure, display, distribution, or other use of an image that the person stopped disclosing, displaying, distributing, or otherwise using the image as soon as the person had knowledge that the image was captured in violation of § 39-13-903 . Added by 2014 Tenn. Acts, ch. 876,s 5, eff. 7/1/2014.
(a) A person commits an offense if the person: (1) Captures an image in violation of § 39-13-903 ; and (2) (A) Possesses that image; or (B) Discloses, displays, distributes, or otherwise uses that image.
(1) Captures an image in violation of § 39-13-903 ; and
(2) (A) Possesses that image; or (B) Discloses, displays, distributes, or otherwise uses that image.
(A) Possesses that image; or
(B) Discloses, displays, distributes, or otherwise uses that image.
(b) (1) An offense under subdivision (a)(2)(A) is a Class C misdemeanor. (2) An offense under subdivision (a)(2)(B) is a Class B misdemeanor.
(1) An offense under subdivision (a)(2)(A) is a Class C misdemeanor.
(2) An offense under subdivision (a)(2)(B) is a Class B misdemeanor.
(c) Each image a person possesses, discloses, displays, distributes, or otherwise uses in violation of this section is a separate offense.
(d) It is a defense to prosecution under this section for the possession of an image that the person destroyed the image as soon as the person had knowledge that the image was captured in violation of § 39-13-903 .
(e) It is a defense to prosecution under this section for the disclosure, display, distribution, or other use of an image that the person stopped disclosing, displaying, distributing, or otherwise using the image as soon as the person had knowledge that the image was captured in violation of § 39-13-903 .
Added by 2014 Tenn. Acts, ch. 876,s 5, eff. 7/1/2014.
Tenn. Code Ann. § 39-15-302 — TN Code / Title 39 / Chapter 15 / Section 39-15-302
Incest
Status: in_force

(a) A person commits incest who engages in sexual penetration as defined in § 39-13-501 , with a person, knowing the person to be, without regard to legitimacy: (1) The person's natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child; or (2) The person's brother or sister of the whole or half-blood or by adoption. (b) (1) Except as provided in subdivision (b)(2), incest is a Class C felony. (2) If the victim of the offense is a minor, incest is a Class B felony and, notwithstanding title 40, chapter 35, the defendant shall be punished as a Range II offender; however, the sentence imposed upon the defendant may, if appropriate, be within Range III but in no case shall it be lower than Range II. Amended by 2023 Tenn. Acts, ch. 283, s 2, eff. 7/1/2023. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 25.
(a) A person commits incest who engages in sexual penetration as defined in § 39-13-501 , with a person, knowing the person to be, without regard to legitimacy: (1) The person's natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child; or (2) The person's brother or sister of the whole or half-blood or by adoption.
(1) The person's natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child; or
(2) The person's brother or sister of the whole or half-blood or by adoption.
(b) (1) Except as provided in subdivision (b)(2), incest is a Class C felony. (2) If the victim of the offense is a minor, incest is a Class B felony and, notwithstanding title 40, chapter 35, the defendant shall be punished as a Range II offender; however, the sentence imposed upon the defendant may, if appropriate, be within Range III but in no case shall it be lower than Range II.
(1) Except as provided in subdivision (b)(2), incest is a Class C felony.
(2) If the victim of the offense is a minor, incest is a Class B felony and, notwithstanding title 40, chapter 35, the defendant shall be punished as a Range II offender; however, the sentence imposed upon the defendant may, if appropriate, be within Range III but in no case shall it be lower than Range II.
Amended by 2023 Tenn. Acts, ch. 283, s 2, eff. 7/1/2023.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 25.
Tenn. Code Ann. § 39-13-707 — TN Code / Title 39 / Chapter 13 / Section 39-13-707
Treatment services to conform with board standards - Approved providers
Status: in_force

(a) The department of correction, the judicial branch, or the department of children's services shall not employ or contract with any individual or entity to provide treatment services pursuant to this part, unless the treatment services to be provided by the individual or entity conform with the standards developed pursuant to § 39-13-704(d)(2) and are provided by an individual or entity on the sex offender treatment board's list of approved providers compiled pursuant to § 39-13-704(d)(5) . (b) An individual or entity shall not provide sex offender evaluation or treatment services pursuant to this part unless the individual or entity is on the sex offender treatment board's list of approved providers compiled pursuant to § 39-13-704(d)(5) . Unapproved providers who conduct sex offender evaluation or treatment services must be referred to the relevant licensing board for disciplinary action. Amended by 2021 Tenn. Acts, ch. 204, Secs.s4, s5 eff. 4/22/2021. Acts 1995, ch. 353, § 8; 1996, ch. 1079, § 123.
(a) The department of correction, the judicial branch, or the department of children's services shall not employ or contract with any individual or entity to provide treatment services pursuant to this part, unless the treatment services to be provided by the individual or entity conform with the standards developed pursuant to § 39-13-704(d)(2) and are provided by an individual or entity on the sex offender treatment board's list of approved providers compiled pursuant to § 39-13-704(d)(5) .
(b) An individual or entity shall not provide sex offender evaluation or treatment services pursuant to this part unless the individual or entity is on the sex offender treatment board's list of approved providers compiled pursuant to § 39-13-704(d)(5) . Unapproved providers who conduct sex offender evaluation or treatment services must be referred to the relevant licensing board for disciplinary action.
Amended by 2021 Tenn. Acts, ch. 204, Secs.s4, s5 eff. 4/22/2021.
Acts 1995, ch. 353, § 8; 1996, ch. 1079, § 123.
Tenn. Code Ann. § 39-17-901 — TN Code / Title 39 / Chapter 17 / Section 39-17-901
Part definitions
Status: in_force

The following definitions apply in this part, unless the context requires otherwise: (1) "Actual or constructive knowledge" means that a person is deemed to have constructive knowledge of the contents of material who has knowledge of facts that would put a reasonable and prudent person on notice as to the suspect nature of the material; (2) "Community" means the judicial district, as defined in § 16-2-506 , in which a violation is alleged to have occurred; (3) "Distribute" means to transfer possession of, whether with or without consideration; (4) "Excess violence" means the depiction of acts of violence in such a graphic or bloody manner as to exceed common limits of custom and candor, or in such a manner that it is apparent that the predominant appeal of the material is portrayal of violence for violence's sake; (5) "Final judgment" or "conviction" means all direct appeals have been exhausted including an application for appeal or for certiorari to the Tennessee or United States supreme court; (6) "Harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual excitement, sexual conduct, excess violence or sadomasochistic abuse when the matter or performance: (A) Would be found by the average person applying contemporary community standards to appeal predominantly to the prurient, shameful or morbid interests of minors; (B) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and (C) Taken as whole lacks serious literary, artistic, political or scientific values for minors; (7) "Matter" means any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture film, videocassette or other pictorial representation, or any statue, figure, device, theatrical production or electrical reproduction, or any other article, equipment, machine or material that is obscene as defined by this part; (8) "Minor" means any person who has not reached eighteen (18) years of age and is not emancipated; (9) "Nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering or the showing of the female breast with less than a fully opaque covering of any portion below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state; (10) "Obscene" means: (A) The average person applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest; (B) The average person applying contemporary community standards would find that the work depicts or describes, in a patently offensive way, sexual conduct; and (C) The work, taken as a whole, lacks serious literary, artistic, political, or scientific value; (11) "Patently offensive" means that which goes substantially beyond customary limits of candor in describing or representing such matters; (12) "Prurient interest" means a shameful or morbid interest in sex; (13) "Sadomasochistic abuse" means flagellation or torture or physical restraint by or upon a person for the purpose of sexual gratification of either person; (14) "Sexual conduct" means: (A) Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated. A sexual act is simulated when it depicts explicit sexual activity that gives the appearance of ultimate sexual acts, anal, oral or genital. "Ultimate sexual acts" means sexual intercourse, anal or otherwise, fellatio, cunnilingus or sodomy; or (B) Patently offensive representations or descriptions of masturbation, excretory functions, and lewd exhibition of the genitals; and (15) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal. Acts 1989, ch. 591, § 1; 1990, ch. 1092, §§ 1-3.
The following definitions apply in this part, unless the context requires otherwise:
(1) "Actual or constructive knowledge" means that a person is deemed to have constructive knowledge of the contents of material who has knowledge of facts that would put a reasonable and prudent person on notice as to the suspect nature of the material;
(2) "Community" means the judicial district, as defined in § 16-2-506 , in which a violation is alleged to have occurred;
(3) "Distribute" means to transfer possession of, whether with or without consideration;
(4) "Excess violence" means the depiction of acts of violence in such a graphic or bloody manner as to exceed common limits of custom and candor, or in such a manner that it is apparent that the predominant appeal of the material is portrayal of violence for violence's sake;
(5) "Final judgment" or "conviction" means all direct appeals have been exhausted including an application for appeal or for certiorari to the Tennessee or United States supreme court;
(6) "Harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual excitement, sexual conduct, excess violence or sadomasochistic abuse when the matter or performance: (A) Would be found by the average person applying contemporary community standards to appeal predominantly to the prurient, shameful or morbid interests of minors; (B) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and (C) Taken as whole lacks serious literary, artistic, political or scientific values for minors;
(A) Would be found by the average person applying contemporary community standards to appeal predominantly to the prurient, shameful or morbid interests of minors;
(B) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and
(C) Taken as whole lacks serious literary, artistic, political or scientific values for minors;
(7) "Matter" means any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture film, videocassette or other pictorial representation, or any statue, figure, device, theatrical production or electrical reproduction, or any other article, equipment, machine or material that is obscene as defined by this part;
(8) "Minor" means any person who has not reached eighteen (18) years of age and is not emancipated;
(9) "Nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering or the showing of the female breast with less than a fully opaque covering of any portion below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state;
(10) "Obscene" means: (A) The average person applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest; (B) The average person applying contemporary community standards would find that the work depicts or describes, in a patently offensive way, sexual conduct; and (C) The work, taken as a whole, lacks serious literary, artistic, political, or scientific value;
(A) The average person applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest;
(B) The average person applying contemporary community standards would find that the work depicts or describes, in a patently offensive way, sexual conduct; and
(C) The work, taken as a whole, lacks serious literary, artistic, political, or scientific value;
(11) "Patently offensive" means that which goes substantially beyond customary limits of candor in describing or representing such matters;
(12) "Prurient interest" means a shameful or morbid interest in sex;
(13) "Sadomasochistic abuse" means flagellation or torture or physical restraint by or upon a person for the purpose of sexual gratification of either person;
(14) "Sexual conduct" means: (A) Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated. A sexual act is simulated when it depicts explicit sexual activity that gives the appearance of ultimate sexual acts, anal, oral or genital. "Ultimate sexual acts" means sexual intercourse, anal or otherwise, fellatio, cunnilingus or sodomy; or (B) Patently offensive representations or descriptions of masturbation, excretory functions, and lewd exhibition of the genitals; and
(A) Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated. A sexual act is simulated when it depicts explicit sexual activity that gives the appearance of ultimate sexual acts, anal, oral or genital. "Ultimate sexual acts" means sexual intercourse, anal or otherwise, fellatio, cunnilingus or sodomy; or
(B) Patently offensive representations or descriptions of masturbation, excretory functions, and lewd exhibition of the genitals; and
(15) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
Acts 1989, ch. 591, § 1; 1990, ch. 1092, §§ 1-3.
Tenn. Code Ann. § 39-17-113 — TN Code / Title 39 / Chapter 17 / Section 39-17-113
Payment of citations for persons who purchase devices for detection of or interference with devices used to measure the speed of motor vehicles
Status: in_force

(a) It is an offense to offer to pay or to pay a motor vehicle traffic citation of any person who purchased any device or mechanism, passive or active, to detect or purposefully interfere with or diminish the measurement capabilities of any radar, laser, or other device or mechanism employed by law enforcement personnel to measure the speed of motor vehicles for law enforcement purposes. (b) This section shall apply only to persons and firms that sell or lease devices or mechanisms that detect or purposefully interfere with or diminish the measurement capabilities of any radar, laser, or other device or mechanism. (c) A violation of this section shall be a Class B misdemeanor punishable by a fine only of up to five hundred dollars ($500). Each day a violation occurs constitutes a separate offense. Acts 2006, ch. 730, § 1.
(a) It is an offense to offer to pay or to pay a motor vehicle traffic citation of any person who purchased any device or mechanism, passive or active, to detect or purposefully interfere with or diminish the measurement capabilities of any radar, laser, or other device or mechanism employed by law enforcement personnel to measure the speed of motor vehicles for law enforcement purposes.
(b) This section shall apply only to persons and firms that sell or lease devices or mechanisms that detect or purposefully interfere with or diminish the measurement capabilities of any radar, laser, or other device or mechanism.
(c) A violation of this section shall be a Class B misdemeanor punishable by a fine only of up to five hundred dollars ($500). Each day a violation occurs constitutes a separate offense.
Acts 2006, ch. 730, § 1.
Tenn. Code Ann. § 39-11-405 — TN Code / Title 39 / Chapter 11 / Section 39-11-405
Individual liability for corporate conduct
Status: in_force

A person is criminally liable for conduct constituting an offense that the person performs or causes to be performed in the name of or on behalf of a corporation to the same extent as if the conduct were performed in the person's own name or behalf. Acts 1989, ch. 591, § 1.
A person is criminally liable for conduct constituting an offense that the person performs or causes to be performed in the name of or on behalf of a corporation to the same extent as if the conduct were performed in the person's own name or behalf.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-1512 — TN Code / Title 39 / Chapter 17 / Section 39-17-1512
Liquid nicotine containers to satisfy federal child-resistant effectiveness standards
Status: in_force

(a) As used in this section, "liquid nicotine container": (1) Means a bottle or other container that contains liquid nicotine or any other substance containing nicotine, where the liquid or other substance is sold, marketed, or intended for use in a vapor product; and (2) Does not include a liquid or other substance containing nicotine in a cartridge that is sold, marketed, or intended for use in a vapor product; provided, that such cartridge is prefilled and sealed by the manufacturer, and not intended to be opened by the consumer. (b) Unless specifically preempted by federal law, a liquid nicotine container used in conjunction with a vapor product that is sold at retail in this state shall satisfy the child-resistant effectiveness standards under 16 CFR 1700.15(b)(1) when tested in accordance with the requirements of 16 CFR 1700.20 . Added by 2015 Tenn. Acts, ch. 353,s 13, eff. 5/4/2015.
(a) As used in this section, "liquid nicotine container": (1) Means a bottle or other container that contains liquid nicotine or any other substance containing nicotine, where the liquid or other substance is sold, marketed, or intended for use in a vapor product; and (2) Does not include a liquid or other substance containing nicotine in a cartridge that is sold, marketed, or intended for use in a vapor product; provided, that such cartridge is prefilled and sealed by the manufacturer, and not intended to be opened by the consumer.
(1) Means a bottle or other container that contains liquid nicotine or any other substance containing nicotine, where the liquid or other substance is sold, marketed, or intended for use in a vapor product; and
(2) Does not include a liquid or other substance containing nicotine in a cartridge that is sold, marketed, or intended for use in a vapor product; provided, that such cartridge is prefilled and sealed by the manufacturer, and not intended to be opened by the consumer.
(b) Unless specifically preempted by federal law, a liquid nicotine container used in conjunction with a vapor product that is sold at retail in this state shall satisfy the child-resistant effectiveness standards under 16 CFR 1700.15(b)(1) when tested in accordance with the requirements of 16 CFR 1700.20 .
Added by 2015 Tenn. Acts, ch. 353,s 13, eff. 5/4/2015.