Tenn. Code Ann. § 39-17-453 — TN Code / Title 39 / Chapter 17 / Section 39-17-453
Imitation controlled substances
Status: in_force

(a) It is an offense to knowingly manufacture, deliver, sell, or possess with the intent to sell, deliver or manufacture an imitation controlled substance. (b) No person shall, for the purpose of causing a condition of intoxication, inebriation, elation, dizziness, excitement, stupefaction, paralysis, or the dulling of the brain or nervous system, or disturbing or distorting of the audio or visual processes, intentionally smell, inhale, inject, ingest or consume in any manner whatsoever an imitation controlled substance. (c) No person shall, for the purpose of violating subsection (b), use, or possess for the purpose of so using, an imitation controlled substance. (d) For purposes of this section: (1) (A) "Imitation controlled substance" means a pill, capsule, tablet, or substance in any form whatsoever if it: (i) Is not a controlled substance enumerated in this part; (ii) Is subject to abuse; (iii) Purports, by express or implied representations, to act like a controlled substance that is a stimulant or depressant of the central nervous system; and (iv) Is not commonly used or recognized for use in that particular formulation for any purpose other than as a stimulant or depressant of the central nervous system; or (B) (i) The chemical structure of the substance is a derivative or analogue of the chemical structure of a controlled substance; and (ii) The substance is not commonly used or recognized for use in that particular formulation for any purpose other than as a stimulant or depressant of the central nervous system. (2) "Imitation controlled substance" does not include a pill, capsule, tablet, or substance in any form whatsoever if it is marketed or promoted, or sold as permitted by the United States food and drug administration. (e) (1) In determining whether a pill, capsule, tablet, or substance in any other form whatsoever, is an imitation controlled substance, there shall be considered, in addition to all other relevant factors, comparisons with accepted methods of marketing for legitimate nonprescription drugs for medicinal purposes rather than for drug abuse or any similar nonmedicinal use, including consideration of the packaging of the drug and its appearance in overall finished dosage form, promotional materials or representations, oral or written, concerning the drug, and the methods of distribution of the drug and where and how it is sold to the public. (2) In determining whether any person intends to manufacture, sell, give or distribute an imitation controlled substance, it may be inferred from, in addition to all other relevant evidence, whether any distribution or attempted distribution of such pill, capsule, tablet or substance in any other form whatsoever included an exchange of or a demand for money or other property as consideration, and, if so, whether the amount of such consideration was substantially greater than the reasonable value of such pill, capsule, tablet or substance in any other form whatsoever, considering the actual chemical composition of such pill, capsule, tablet or substance in any other form whatsoever and, where applicable, the price at which over-the-counter substances of like chemical composition sell. Such inference shall be transmitted to the jury by the trial judge's charge. (f) (1) A violation of subsection (a) is a Class E felony. In addition to any period of incarceration imposed, there shall be imposed a fine of not less than two thousand dollars ($2,000) and not more than five thousand dollars ($5,000). (2) A violation of subsection (b) or (c) is a Class A misdemeanor. In addition to any period of incarceration imposed, there shall be imposed a fine of not less than two hundred fifty dollars ($250) and not more than two thousand five hundred dollars ($2,500). (g) The building and premises of any business in or upon which a violation of this section is committed by an employee, agent or owner of such business is declared to be a public nuisance and shall be subject to abatement as provided in title 29, chapter 3. Amended by 2013 Tenn. Acts, ch. 433,s 1, eff. 7/1/2013. Acts 2012, ch. 843, § 1.
(a) It is an offense to knowingly manufacture, deliver, sell, or possess with the intent to sell, deliver or manufacture an imitation controlled substance.
(b) No person shall, for the purpose of causing a condition of intoxication, inebriation, elation, dizziness, excitement, stupefaction, paralysis, or the dulling of the brain or nervous system, or disturbing or distorting of the audio or visual processes, intentionally smell, inhale, inject, ingest or consume in any manner whatsoever an imitation controlled substance.
(c) No person shall, for the purpose of violating subsection (b), use, or possess for the purpose of so using, an imitation controlled substance.
(d) For purposes of this section: (1) (A) "Imitation controlled substance" means a pill, capsule, tablet, or substance in any form whatsoever if it: (i) Is not a controlled substance enumerated in this part; (ii) Is subject to abuse; (iii) Purports, by express or implied representations, to act like a controlled substance that is a stimulant or depressant of the central nervous system; and (iv) Is not commonly used or recognized for use in that particular formulation for any purpose other than as a stimulant or depressant of the central nervous system; or (B) (i) The chemical structure of the substance is a derivative or analogue of the chemical structure of a controlled substance; and (ii) The substance is not commonly used or recognized for use in that particular formulation for any purpose other than as a stimulant or depressant of the central nervous system. (2) "Imitation controlled substance" does not include a pill, capsule, tablet, or substance in any form whatsoever if it is marketed or promoted, or sold as permitted by the United States food and drug administration.
(1) (A) "Imitation controlled substance" means a pill, capsule, tablet, or substance in any form whatsoever if it: (i) Is not a controlled substance enumerated in this part; (ii) Is subject to abuse; (iii) Purports, by express or implied representations, to act like a controlled substance that is a stimulant or depressant of the central nervous system; and (iv) Is not commonly used or recognized for use in that particular formulation for any purpose other than as a stimulant or depressant of the central nervous system; or (B) (i) The chemical structure of the substance is a derivative or analogue of the chemical structure of a controlled substance; and (ii) The substance is not commonly used or recognized for use in that particular formulation for any purpose other than as a stimulant or depressant of the central nervous system.
(A) "Imitation controlled substance" means a pill, capsule, tablet, or substance in any form whatsoever if it: (i) Is not a controlled substance enumerated in this part; (ii) Is subject to abuse; (iii) Purports, by express or implied representations, to act like a controlled substance that is a stimulant or depressant of the central nervous system; and (iv) Is not commonly used or recognized for use in that particular formulation for any purpose other than as a stimulant or depressant of the central nervous system; or
(i) Is not a controlled substance enumerated in this part;
(ii) Is subject to abuse;
(iii) Purports, by express or implied representations, to act like a controlled substance that is a stimulant or depressant of the central nervous system; and
(iv) Is not commonly used or recognized for use in that particular formulation for any purpose other than as a stimulant or depressant of the central nervous system; or
(B) (i) The chemical structure of the substance is a derivative or analogue of the chemical structure of a controlled substance; and (ii) The substance is not commonly used or recognized for use in that particular formulation for any purpose other than as a stimulant or depressant of the central nervous system.
(i) The chemical structure of the substance is a derivative or analogue of the chemical structure of a controlled substance; and
(ii) The substance is not commonly used or recognized for use in that particular formulation for any purpose other than as a stimulant or depressant of the central nervous system.
(2) "Imitation controlled substance" does not include a pill, capsule, tablet, or substance in any form whatsoever if it is marketed or promoted, or sold as permitted by the United States food and drug administration.
(e) (1) In determining whether a pill, capsule, tablet, or substance in any other form whatsoever, is an imitation controlled substance, there shall be considered, in addition to all other relevant factors, comparisons with accepted methods of marketing for legitimate nonprescription drugs for medicinal purposes rather than for drug abuse or any similar nonmedicinal use, including consideration of the packaging of the drug and its appearance in overall finished dosage form, promotional materials or representations, oral or written, concerning the drug, and the methods of distribution of the drug and where and how it is sold to the public. (2) In determining whether any person intends to manufacture, sell, give or distribute an imitation controlled substance, it may be inferred from, in addition to all other relevant evidence, whether any distribution or attempted distribution of such pill, capsule, tablet or substance in any other form whatsoever included an exchange of or a demand for money or other property as consideration, and, if so, whether the amount of such consideration was substantially greater than the reasonable value of such pill, capsule, tablet or substance in any other form whatsoever, considering the actual chemical composition of such pill, capsule, tablet or substance in any other form whatsoever and, where applicable, the price at which over-the-counter substances of like chemical composition sell. Such inference shall be transmitted to the jury by the trial judge's charge.
(1) In determining whether a pill, capsule, tablet, or substance in any other form whatsoever, is an imitation controlled substance, there shall be considered, in addition to all other relevant factors, comparisons with accepted methods of marketing for legitimate nonprescription drugs for medicinal purposes rather than for drug abuse or any similar nonmedicinal use, including consideration of the packaging of the drug and its appearance in overall finished dosage form, promotional materials or representations, oral or written, concerning the drug, and the methods of distribution of the drug and where and how it is sold to the public.
(2) In determining whether any person intends to manufacture, sell, give or distribute an imitation controlled substance, it may be inferred from, in addition to all other relevant evidence, whether any distribution or attempted distribution of such pill, capsule, tablet or substance in any other form whatsoever included an exchange of or a demand for money or other property as consideration, and, if so, whether the amount of such consideration was substantially greater than the reasonable value of such pill, capsule, tablet or substance in any other form whatsoever, considering the actual chemical composition of such pill, capsule, tablet or substance in any other form whatsoever and, where applicable, the price at which over-the-counter substances of like chemical composition sell. Such inference shall be transmitted to the jury by the trial judge's charge.
(f) (1) A violation of subsection (a) is a Class E felony. In addition to any period of incarceration imposed, there shall be imposed a fine of not less than two thousand dollars ($2,000) and not more than five thousand dollars ($5,000). (2) A violation of subsection (b) or (c) is a Class A misdemeanor. In addition to any period of incarceration imposed, there shall be imposed a fine of not less than two hundred fifty dollars ($250) and not more than two thousand five hundred dollars ($2,500).
(1) A violation of subsection (a) is a Class E felony. In addition to any period of incarceration imposed, there shall be imposed a fine of not less than two thousand dollars ($2,000) and not more than five thousand dollars ($5,000).
(2) A violation of subsection (b) or (c) is a Class A misdemeanor. In addition to any period of incarceration imposed, there shall be imposed a fine of not less than two hundred fifty dollars ($250) and not more than two thousand five hundred dollars ($2,500).
(g) The building and premises of any business in or upon which a violation of this section is committed by an employee, agent or owner of such business is declared to be a public nuisance and shall be subject to abatement as provided in title 29, chapter 3.
Amended by 2013 Tenn. Acts, ch. 433,s 1, eff. 7/1/2013.
Acts 2012, ch. 843, § 1.
Tenn. Code Ann. § 39-15-513 — TN Code / Title 39 / Chapter 15 / Section 39-15-513
Obtaining information concerning medical condition or health of elderly adult - Sending unsolicited or specifically refused medical items - Filing claim or submitting bill with state medicaid plan
Status: in_force

(a) A person or an entity commits an offense if the person or entity knowingly: (1) Uses a telephone or other communication or electronic device to obtain information concerning the medical condition or health of an elderly adult; (2) Sends, or causes to be sent, medical supplies, medical equipment, or medicine to the elderly adult and the items sent are unsolicited or specifically refused; and (3) Files a claim or submits a bill with the state medicaid plan for reimbursement of the value of the equipment, supplies, or medicine sent to the elderly adult. (b) Any person who violates this section shall be punished as provided in § 71-5-2601(a)(4) . Added by 2019 Tenn. Acts, ch. 417,s 1, eff. 7/1/2019.
(a) A person or an entity commits an offense if the person or entity knowingly: (1) Uses a telephone or other communication or electronic device to obtain information concerning the medical condition or health of an elderly adult; (2) Sends, or causes to be sent, medical supplies, medical equipment, or medicine to the elderly adult and the items sent are unsolicited or specifically refused; and (3) Files a claim or submits a bill with the state medicaid plan for reimbursement of the value of the equipment, supplies, or medicine sent to the elderly adult.
(1) Uses a telephone or other communication or electronic device to obtain information concerning the medical condition or health of an elderly adult;
(2) Sends, or causes to be sent, medical supplies, medical equipment, or medicine to the elderly adult and the items sent are unsolicited or specifically refused; and
(3) Files a claim or submits a bill with the state medicaid plan for reimbursement of the value of the equipment, supplies, or medicine sent to the elderly adult.
(b) Any person who violates this section shall be punished as provided in § 71-5-2601(a)(4) .
Added by 2019 Tenn. Acts, ch. 417,s 1, eff. 7/1/2019.
Tenn. Code Ann. § 39-15-216 — TN Code / Title 39 / Chapter 15 / Section 39-15-216
Section definitions - Determination of gestational age - Fetal heartbeat - Unlawful abortions due to fetal heartbeat or gestational age - Affirmative defense of medical emergency - Report to board of medical examiners - Severability - Intent
Status: in_force

(a) As used in this section: (1) "Abortion" has the same meaning as defined in § 39-15-211 ; (2) "Fetal heartbeat" means cardiac activity or the steady and repetitive rhythmic contraction of the heart of an unborn child; (3) "Gestational age" or "gestation" has the same meaning as defined in § 39-15-211 ; (4) "Medical emergency" has the same meaning as defined in § 39-15-211 ; provided, that a medical emergency does not include a claim or diagnosis related to the woman's mental health or a claim or diagnosis that the woman will engage in conduct which would result in her death or substantial and irreversible impairment of a major bodily function; (5) "Unborn child" has the same meaning as defined in § 39-15-211 ; and (6) "Viable" has the same meaning as defined in § 39-15-211 . (b) (1) Before performing or inducing, or attempting to perform or induce, an abortion, the physician shall determine the gestational age of the unborn child in accordance with generally accepted standards of medical practice. (2) A violation of subdivision (b)(1) is a Class C felony. (c) (1) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child has a fetal heartbeat. A violation of this subdivision (c)(1) is a Class C felony. (2) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is six (6) weeks gestational age or older unless, prior to performing or inducing the abortion, or attempting to perform or induce the abortion, the physician affirmatively determines and records in the pregnant woman's medical record that, in the physician's good faith medical judgment, the unborn child does not have a fetal heartbeat at the time of the abortion. In making the good faith medical determination, the physician shall utilize generally accepted standards of medical practice using current medical technology and methodology applicable to the gestational age of the unborn child and reasonably calculated to determine the existence or non-existence of a fetal heartbeat. A violation of this subdivision (c)(2) is a Class C felony. (3) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is eight (8) weeks gestational age or older. A violation of this subdivision (c)(3) is a Class C felony. (4) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is ten (10) weeks gestational age or older. A violation of this subdivision (c)(4) is a Class C felony. (5) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twelve (12) weeks gestational age or older. A violation of this subdivision (c)(5) is a Class C felony. (6) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is fifteen (15) weeks gestational age or older. A violation of this subdivision (c)(6) is a Class C felony. (7) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is eighteen (18) weeks gestational age or order. A violation of this subdivision (c)(7) is a Class C felony. (8) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twenty (20) weeks gestational age or older. A violation of this subdivision (c)(8) is a Class C felony. (9) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twenty-one (21) weeks gestational age or older. A violation of this subdivision (c)(9) is a Class C felony. (10) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twenty-two (22) weeks gestational age or older. A violation of this subdivision (c)(10) is a Class C felony. (11) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twenty-three (23) weeks gestational age or older. A violation of this subdivision (c)(11) is a Class C felony. (12) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twenty-four (24) weeks gestational age or older. A violation of this subdivision (c)(12) is a Class C felony. (d) (1) A person shall not be convicted of violating more than one (1) subdivision of subsection (c) for any one (1) abortion that the person performed, induced, or attempted to perform or induce. (2) This section does not permit the abortion of a viable unborn child. (e) (1) Subject to compliance with subdivision (e)(2), it is an affirmative defense to criminal prosecution for a violation of a provision of this section that, in the physician's reasonable medical judgment, a medical emergency prevented compliance with the provision. (2) In order for the affirmative defense in subdivision (e)(1) to apply, a physician who performs or induces, or attempts to perform or induce, an abortion because of a medical emergency must comply with each of the following conditions unless the medical emergency also prevents compliance with the condition: (A) The physician who performs or induces, or attempts to perform or induce, the abortion certifies in writing that, in the physician's good faith, reasonable medical judgment, based upon the facts known to the physician at the time, compliance with the provision was prevented by a medical emergency; (B) The physician certifies in writing the available methods or techniques considered and the reasons for choosing the method or technique employed; (C) If the unborn child is presumed to be viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician performs or induces, or attempts to perform or induce, the abortion in a hospital. The hospital must have appropriate neonatal services for premature infants unless there is no hospital within thirty (30) miles with neonatal services and the physician who intends to perform or induce the abortion has admitting privileges at the hospital where the abortion is to be performed or induced; (D) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn child to survive, unless that physician determines, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, that the termination of the pregnancy in that manner poses a significantly greater risk of the death of the pregnant woman or a significantly greater risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion; and (E) lf the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion has arranged for the attendance in the same room in which the abortion is to be performed or induced, or attempted to be performed or induced, at least one (1) other physician who is to take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn child immediately upon the child's complete expulsion or extraction from the pregnant woman. (f) A pregnant woman upon whom an abortion is performed or induced, or attempted to be performed or induced, in violation of any provision of this section is not guilty of violating, or of attempting to commit or conspiring to commit a violation of, this section. (g) When a physician is criminally charged with a violation of this section, the physician shall report the charge to the board of medical examiners in writing within seven (7) calendar days of acquiring knowledge of the charge. The report must include the jurisdiction in which the charge is pending, if known, and must also be accompanied by a copy of the charging documents, if available. A district attorney general shall promptly notify the board of medical examiners when a physician is charged with a violation of this section. (h) If any provision or provisions of this section or the application thereof to any person, circumstance, or period of gestational age is found to be unenforceable, unconstitutional, or invalid by a court of competent jurisdiction, the same is hereby declared to be severable and the remainder of the section shall remain effective. The general assembly hereby declares that it would have enacted this section and each of its provisions, even if any provision of this section or the application thereof to any person, circumstance, or period of gestational age was later found to be unenforceable, unconstitutional, or invalid. (i) (1) It is the specific intent of the general assembly in this section to exercise to the greatest extent permitted by law the legitimate, substantial, and compelling state interest in protecting maternal health, and in preserving, promoting, and protecting life and potential life throughout pregnancy by enacting more protective requirements than provided for under this part as it existed prior to July 13, 2020. (2) When this section is in direct conflict with this part as it existed prior to July 13, 2020, the more protective requirements of this section control over any less protective provision of this part. This section shall not be construed as a repeal, either express or implied, of any provision of this part as it existed prior to July 13, 2020. (3) The general assembly specifically intends that this part as it existed prior to July 13, 2020, shall remain and be enforceable if, and for so long as, any provisions of this section, or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction. (4) This section does not repeal or modify in any way § 39-15-213 , as enacted by chapter 351 of the Public Acts of 2019, which shall control upon becoming effective. This section shall remain and be enforceable if, and for so long as, any provisions of § 39-15-213 , or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction. Added by 2020 Tenn. Acts, ch. 764, s 2, eff. 7/13/2020.
(a) As used in this section: (1) "Abortion" has the same meaning as defined in § 39-15-211 ; (2) "Fetal heartbeat" means cardiac activity or the steady and repetitive rhythmic contraction of the heart of an unborn child; (3) "Gestational age" or "gestation" has the same meaning as defined in § 39-15-211 ; (4) "Medical emergency" has the same meaning as defined in § 39-15-211 ; provided, that a medical emergency does not include a claim or diagnosis related to the woman's mental health or a claim or diagnosis that the woman will engage in conduct which would result in her death or substantial and irreversible impairment of a major bodily function; (5) "Unborn child" has the same meaning as defined in § 39-15-211 ; and (6) "Viable" has the same meaning as defined in § 39-15-211 .
(1) "Abortion" has the same meaning as defined in § 39-15-211 ;
(2) "Fetal heartbeat" means cardiac activity or the steady and repetitive rhythmic contraction of the heart of an unborn child;
(3) "Gestational age" or "gestation" has the same meaning as defined in § 39-15-211 ;
(4) "Medical emergency" has the same meaning as defined in § 39-15-211 ; provided, that a medical emergency does not include a claim or diagnosis related to the woman's mental health or a claim or diagnosis that the woman will engage in conduct which would result in her death or substantial and irreversible impairment of a major bodily function;
(5) "Unborn child" has the same meaning as defined in § 39-15-211 ; and
(6) "Viable" has the same meaning as defined in § 39-15-211 .
(b) (1) Before performing or inducing, or attempting to perform or induce, an abortion, the physician shall determine the gestational age of the unborn child in accordance with generally accepted standards of medical practice. (2) A violation of subdivision (b)(1) is a Class C felony.
(1) Before performing or inducing, or attempting to perform or induce, an abortion, the physician shall determine the gestational age of the unborn child in accordance with generally accepted standards of medical practice.
(2) A violation of subdivision (b)(1) is a Class C felony.
(c) (1) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child has a fetal heartbeat. A violation of this subdivision (c)(1) is a Class C felony. (2) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is six (6) weeks gestational age or older unless, prior to performing or inducing the abortion, or attempting to perform or induce the abortion, the physician affirmatively determines and records in the pregnant woman's medical record that, in the physician's good faith medical judgment, the unborn child does not have a fetal heartbeat at the time of the abortion. In making the good faith medical determination, the physician shall utilize generally accepted standards of medical practice using current medical technology and methodology applicable to the gestational age of the unborn child and reasonably calculated to determine the existence or non-existence of a fetal heartbeat. A violation of this subdivision (c)(2) is a Class C felony. (3) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is eight (8) weeks gestational age or older. A violation of this subdivision (c)(3) is a Class C felony. (4) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is ten (10) weeks gestational age or older. A violation of this subdivision (c)(4) is a Class C felony. (5) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twelve (12) weeks gestational age or older. A violation of this subdivision (c)(5) is a Class C felony. (6) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is fifteen (15) weeks gestational age or older. A violation of this subdivision (c)(6) is a Class C felony. (7) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is eighteen (18) weeks gestational age or order. A violation of this subdivision (c)(7) is a Class C felony. (8) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twenty (20) weeks gestational age or older. A violation of this subdivision (c)(8) is a Class C felony. (9) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twenty-one (21) weeks gestational age or older. A violation of this subdivision (c)(9) is a Class C felony. (10) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twenty-two (22) weeks gestational age or older. A violation of this subdivision (c)(10) is a Class C felony. (11) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twenty-three (23) weeks gestational age or older. A violation of this subdivision (c)(11) is a Class C felony. (12) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twenty-four (24) weeks gestational age or older. A violation of this subdivision (c)(12) is a Class C felony.
(1) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child has a fetal heartbeat. A violation of this subdivision (c)(1) is a Class C felony.
(2) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is six (6) weeks gestational age or older unless, prior to performing or inducing the abortion, or attempting to perform or induce the abortion, the physician affirmatively determines and records in the pregnant woman's medical record that, in the physician's good faith medical judgment, the unborn child does not have a fetal heartbeat at the time of the abortion. In making the good faith medical determination, the physician shall utilize generally accepted standards of medical practice using current medical technology and methodology applicable to the gestational age of the unborn child and reasonably calculated to determine the existence or non-existence of a fetal heartbeat. A violation of this subdivision (c)(2) is a Class C felony.
(3) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is eight (8) weeks gestational age or older. A violation of this subdivision (c)(3) is a Class C felony.
(4) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is ten (10) weeks gestational age or older. A violation of this subdivision (c)(4) is a Class C felony.
(5) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twelve (12) weeks gestational age or older. A violation of this subdivision (c)(5) is a Class C felony.
(6) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is fifteen (15) weeks gestational age or older. A violation of this subdivision (c)(6) is a Class C felony.
(7) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is eighteen (18) weeks gestational age or order. A violation of this subdivision (c)(7) is a Class C felony.
(8) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twenty (20) weeks gestational age or older. A violation of this subdivision (c)(8) is a Class C felony.
(9) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twenty-one (21) weeks gestational age or older. A violation of this subdivision (c)(9) is a Class C felony.
(10) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twenty-two (22) weeks gestational age or older. A violation of this subdivision (c)(10) is a Class C felony.
(11) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twenty-three (23) weeks gestational age or older. A violation of this subdivision (c)(11) is a Class C felony.
(12) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twenty-four (24) weeks gestational age or older. A violation of this subdivision (c)(12) is a Class C felony.
(d) (1) A person shall not be convicted of violating more than one (1) subdivision of subsection (c) for any one (1) abortion that the person performed, induced, or attempted to perform or induce. (2) This section does not permit the abortion of a viable unborn child.
(1) A person shall not be convicted of violating more than one (1) subdivision of subsection (c) for any one (1) abortion that the person performed, induced, or attempted to perform or induce.
(2) This section does not permit the abortion of a viable unborn child.
(e) (1) Subject to compliance with subdivision (e)(2), it is an affirmative defense to criminal prosecution for a violation of a provision of this section that, in the physician's reasonable medical judgment, a medical emergency prevented compliance with the provision. (2) In order for the affirmative defense in subdivision (e)(1) to apply, a physician who performs or induces, or attempts to perform or induce, an abortion because of a medical emergency must comply with each of the following conditions unless the medical emergency also prevents compliance with the condition: (A) The physician who performs or induces, or attempts to perform or induce, the abortion certifies in writing that, in the physician's good faith, reasonable medical judgment, based upon the facts known to the physician at the time, compliance with the provision was prevented by a medical emergency; (B) The physician certifies in writing the available methods or techniques considered and the reasons for choosing the method or technique employed; (C) If the unborn child is presumed to be viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician performs or induces, or attempts to perform or induce, the abortion in a hospital. The hospital must have appropriate neonatal services for premature infants unless there is no hospital within thirty (30) miles with neonatal services and the physician who intends to perform or induce the abortion has admitting privileges at the hospital where the abortion is to be performed or induced; (D) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn child to survive, unless that physician determines, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, that the termination of the pregnancy in that manner poses a significantly greater risk of the death of the pregnant woman or a significantly greater risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion; and (E) lf the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion has arranged for the attendance in the same room in which the abortion is to be performed or induced, or attempted to be performed or induced, at least one (1) other physician who is to take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn child immediately upon the child's complete expulsion or extraction from the pregnant woman.
(1) Subject to compliance with subdivision (e)(2), it is an affirmative defense to criminal prosecution for a violation of a provision of this section that, in the physician's reasonable medical judgment, a medical emergency prevented compliance with the provision.
(2) In order for the affirmative defense in subdivision (e)(1) to apply, a physician who performs or induces, or attempts to perform or induce, an abortion because of a medical emergency must comply with each of the following conditions unless the medical emergency also prevents compliance with the condition: (A) The physician who performs or induces, or attempts to perform or induce, the abortion certifies in writing that, in the physician's good faith, reasonable medical judgment, based upon the facts known to the physician at the time, compliance with the provision was prevented by a medical emergency; (B) The physician certifies in writing the available methods or techniques considered and the reasons for choosing the method or technique employed; (C) If the unborn child is presumed to be viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician performs or induces, or attempts to perform or induce, the abortion in a hospital. The hospital must have appropriate neonatal services for premature infants unless there is no hospital within thirty (30) miles with neonatal services and the physician who intends to perform or induce the abortion has admitting privileges at the hospital where the abortion is to be performed or induced; (D) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn child to survive, unless that physician determines, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, that the termination of the pregnancy in that manner poses a significantly greater risk of the death of the pregnant woman or a significantly greater risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion; and (E) lf the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion has arranged for the attendance in the same room in which the abortion is to be performed or induced, or attempted to be performed or induced, at least one (1) other physician who is to take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn child immediately upon the child's complete expulsion or extraction from the pregnant woman.
(A) The physician who performs or induces, or attempts to perform or induce, the abortion certifies in writing that, in the physician's good faith, reasonable medical judgment, based upon the facts known to the physician at the time, compliance with the provision was prevented by a medical emergency;
(B) The physician certifies in writing the available methods or techniques considered and the reasons for choosing the method or technique employed;
(C) If the unborn child is presumed to be viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician performs or induces, or attempts to perform or induce, the abortion in a hospital. The hospital must have appropriate neonatal services for premature infants unless there is no hospital within thirty (30) miles with neonatal services and the physician who intends to perform or induce the abortion has admitting privileges at the hospital where the abortion is to be performed or induced;
(D) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn child to survive, unless that physician determines, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, that the termination of the pregnancy in that manner poses a significantly greater risk of the death of the pregnant woman or a significantly greater risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion; and
(E) lf the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion has arranged for the attendance in the same room in which the abortion is to be performed or induced, or attempted to be performed or induced, at least one (1) other physician who is to take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn child immediately upon the child's complete expulsion or extraction from the pregnant woman.
(f) A pregnant woman upon whom an abortion is performed or induced, or attempted to be performed or induced, in violation of any provision of this section is not guilty of violating, or of attempting to commit or conspiring to commit a violation of, this section.
(g) When a physician is criminally charged with a violation of this section, the physician shall report the charge to the board of medical examiners in writing within seven (7) calendar days of acquiring knowledge of the charge. The report must include the jurisdiction in which the charge is pending, if known, and must also be accompanied by a copy of the charging documents, if available. A district attorney general shall promptly notify the board of medical examiners when a physician is charged with a violation of this section.
(h) If any provision or provisions of this section or the application thereof to any person, circumstance, or period of gestational age is found to be unenforceable, unconstitutional, or invalid by a court of competent jurisdiction, the same is hereby declared to be severable and the remainder of the section shall remain effective. The general assembly hereby declares that it would have enacted this section and each of its provisions, even if any provision of this section or the application thereof to any person, circumstance, or period of gestational age was later found to be unenforceable, unconstitutional, or invalid.
(i) (1) It is the specific intent of the general assembly in this section to exercise to the greatest extent permitted by law the legitimate, substantial, and compelling state interest in protecting maternal health, and in preserving, promoting, and protecting life and potential life throughout pregnancy by enacting more protective requirements than provided for under this part as it existed prior to July 13, 2020. (2) When this section is in direct conflict with this part as it existed prior to July 13, 2020, the more protective requirements of this section control over any less protective provision of this part. This section shall not be construed as a repeal, either express or implied, of any provision of this part as it existed prior to July 13, 2020. (3) The general assembly specifically intends that this part as it existed prior to July 13, 2020, shall remain and be enforceable if, and for so long as, any provisions of this section, or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction. (4) This section does not repeal or modify in any way § 39-15-213 , as enacted by chapter 351 of the Public Acts of 2019, which shall control upon becoming effective. This section shall remain and be enforceable if, and for so long as, any provisions of § 39-15-213 , or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction.
(1) It is the specific intent of the general assembly in this section to exercise to the greatest extent permitted by law the legitimate, substantial, and compelling state interest in protecting maternal health, and in preserving, promoting, and protecting life and potential life throughout pregnancy by enacting more protective requirements than provided for under this part as it existed prior to July 13, 2020.
(2) When this section is in direct conflict with this part as it existed prior to July 13, 2020, the more protective requirements of this section control over any less protective provision of this part. This section shall not be construed as a repeal, either express or implied, of any provision of this part as it existed prior to July 13, 2020.
(3) The general assembly specifically intends that this part as it existed prior to July 13, 2020, shall remain and be enforceable if, and for so long as, any provisions of this section, or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction.
(4) This section does not repeal or modify in any way § 39-15-213 , as enacted by chapter 351 of the Public Acts of 2019, which shall control upon becoming effective. This section shall remain and be enforceable if, and for so long as, any provisions of § 39-15-213 , or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction.
Added by 2020 Tenn. Acts, ch. 764, s 2, eff. 7/13/2020.
Tenn. Code Ann. § 39-14-409 — TN Code / Title 39 / Chapter 14 / Section 39-14-409
Exceptions
Status: in_force

None of the provisions of this part shall be construed in any way to affect the right of eminent domain or prevent surveyors or civil engineers from making such surveys as are necessary and lawful in the discharge of their duties. Acts 1989, ch. 591, § 1.
None of the provisions of this part shall be construed in any way to affect the right of eminent domain or prevent surveyors or civil engineers from making such surveys as are necessary and lawful in the discharge of their duties.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-1316 — TN Code / Title 39 / Chapter 17 / Section 39-17-1316
Sales of dangerous weapons - Certification of purchaser - Exceptions - Licensing of dealers - Definitions
Status: in_force

(a) (1) (A) A person appropriately licensed by the federal government may stock and sell firearms to persons desiring firearms; however, sales are prohibited to persons who: (i) Have been convicted of the offense of stalking, as prohibited by § 39-17-315 ; (ii) Are addicted to alcohol; (iii) Are ineligible to receive firearms under 18 U.S.C. § 922 ; (iv) Have been judicially committed to a mental institution pursuant to title 33 or adjudicated as a mental defective; or (v) Are under twenty-five (25) years of age and are currently prohibited from purchasing a firearm as a result of having been adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted one (1) or more of the following offenses: (a) Aggravated assault, as defined in § 39-13-102 ; (b) Aggravated assault against a first responder or nurse, as defined in § 39-13-116 ; (c) A violation of chapter 13, part 2, of this title; (d) A violation of chapter 13, part 4, of this title; (e) A violation of chapter 13, part 10, of this title; (f) Aggravated cruelty to animals, as defined in § 39-14-212 ; (g) A threat of mass violence, as defined in § 39-16-517 ; or (h) A violation of this title involving the use or display of a firearm. (B) For purposes of subdivision (a)(1)(A)(iii), the offense of violation of a protective order as prohibited by § 39-13-113 is considered a "misdemeanor crime of domestic violence" for purposes of 18 U.S.C. § 921 . (2) The provisions of this subsection (a) prohibiting the sale of a firearm to a person convicted of a felony shall not apply if: (A) The person was pardoned for the offense; (B) The conviction has been expunged or set aside; or (C) The person's civil rights have been restored pursuant to title 40, chapter 29; and (D) The person is not prohibited from possessing a firearm by § 39-17-1307 . (b) (1) As used in this section, "firearm" has the meaning as defined in § 39-11-106 , including handguns, long guns, and all other weapons that meet the definition except "antique firearms" as defined in 18 U.S.C. § 921 . (2) As used in this section, "gun dealer" means a person engaged in the business, as defined in 18 U.S.C. § 921 , of selling, leasing, or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker, or otherwise. (c) Except with respect to transactions between persons licensed as dealers under 18 U.S.C. § 923 , a gun dealer shall comply with the following before a firearm is delivered to a purchaser: (1) The purchaser shall present to the dealer current identification meeting the requirements of subsection (f); (2) The gun dealer shall complete a firearms transaction record as required by 18 U.S.C. §§ 921 - 929 , and obtain the signature of the purchaser on the record; (3) The gun dealer shall request by means designated by the bureau that the Tennessee bureau of investigation conduct a criminal history record check on the purchaser and shall provide the following information to the bureau: (A) The federal firearms license number of the gun dealer; (B) The business name of the gun dealer; (C) The place of transfer; (D) The name of the person making the transfer; (E) The make, model, caliber and manufacturer's number of the firearm being transferred; (F) The name, gender, race, and date of birth of the purchaser; (G) The social security number of the purchaser, if one has been assigned; and (H) The type, issuer and identification number of the identification presented by the purchaser; and (4) The gun dealer shall receive a unique approval number for the transfer from the bureau and record the approval number on the firearms transaction record. (d) Upon receipt of a request of the gun dealer for a criminal history record check, the Tennessee bureau of investigation shall immediately, during the gun dealer's telephone call or by return call: (1) Determine, from criminal records and other information available to it, whether the purchaser is disqualified under subdivision (a)(1) from completing the purchase; and (2) Notify the dealer when a purchaser is disqualified from completing the transfer or provide the dealer with a unique approval number indicating that the purchaser is qualified to complete the transfer. (e) (1) The Tennessee bureau of investigation may charge a reasonable fee, not to exceed ten dollars ($10.00), for conducting background checks and other costs incurred under this section, and shall be empowered to bill gun dealers for checks run. (2) Funds collected by the Tennessee bureau of investigation pursuant to this section shall be deposited in a continuing deferred interest-bearing revenue fund that is created in the state treasury. This fund will not revert to the general fund on June 30 of any year. This fund shall be used to offset the costs associated with conducting background checks. By February 1 of each year the Tennessee bureau of investigation shall report to the judiciary committee of the senate and the criminal justice committee of the house of representatives the amount of money collected pursuant to this section in excess of the costs associated with conducting background checks as required by this section. The excess money shall be appropriated by the general assembly to the Tennessee bureau of investigation for other law enforcement related purposes as it deems appropriate and necessary. (f) (1) Identification required of the purchaser under subsection (c) shall include one (1) piece of current, valid identification bearing a photograph and the date of birth of the purchaser that: (A) Is issued under the authority of the United States government, a state, a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental organization or an international quasi-governmental organization; and (B) Is intended to be used for identification of an individual or is commonly accepted for the purpose of identification of an individual. (2) If the identification presented by the purchaser under subdivision (f)(1)(A) does not include the current address of the purchaser, the purchaser shall present a second piece of current identification that contains the current address of the purchaser. (g) The Tennessee bureau of investigation may require that the dealer verify the identification of the purchaser if that identity is in question by sending the thumbprints of the purchaser to the bureau. (h) The Tennessee bureau of investigation shall establish a telephone number that shall be operational seven (7) days a week between the hours of eight o'clock a.m. and ten o'clock p.m. Central Standard Time (8:00 a.m. - 10:00 p.m. (CST)), except Christmas Day, Thanksgiving Day, and Independence Day, for the purpose of responding to inquiries from dealers for a criminal history record check under this section. (i) No public employee, official or agency shall be held criminally or civilly liable for performing the investigations required by this section; provided the employee, official or agency acts in good faith and without malice. (j) Upon the determination that receipt of a firearm by a particular individual would not violate this section, and after the issuance of a unique identifying number for the transaction, the Tennessee bureau of investigation shall destroy all records (except the unique identifying number and the date that it was assigned) associating a particular individual with a particular purchase of firearms. (k) A law enforcement agency may inspect the records of a gun dealer relating to transfers of firearms in the course of a reasonable inquiry during a criminal investigation or under the authority of a properly authorized subpoena or search warrant. (l) (1) The following transactions or transfers are exempt from the criminal history record check requirement of subdivision (c)(3): (A) Transactions between licensed: (i) Importers; (ii) Manufacturers; (iii) Dealers; and (iv) Collectors who meet the requirements of subsection (b) and certify prior to the transaction the legal and licensed status of both parties; (B) Transactions or transfers between a licensed importer, licensed manufacturer, or licensed dealer and a bona fide law enforcement agency or the agency's personnel. However, all other requirements of subsection (c) are applicable to a transaction or transfer under this subdivision ( l )(1)(B); and (C) Transactions by a gun dealer, as defined in subdivision (b)(2), making occasional sales, exchanges, or transfers of firearms that comprise all or part of the gun dealer's personal collection of firearms. (2) The burden of proving the legality of any transaction or transfer under this subsection ( l ) is upon the transferor. (m) The director of the Tennessee bureau of investigation is authorized to make and issue all rules and regulations necessary to carry out this section. (n) In addition to the other grounds for denial, the bureau shall deny the transfer of a firearm if the background check reveals information indicating that the purchaser has been charged with a crime for which the purchaser, if convicted, would be prohibited under state or federal law from purchasing, receiving, or possessing a firearm; and, either there has been no final disposition of the case, or the final disposition is not noted. (o) Upon receipt of the criminal history challenge form indicating a purchaser's request for review of the denial, the bureau shall proceed with efforts to obtain the final disposition information. The purchaser may attempt to assist the bureau in obtaining the final disposition information. If neither the purchaser nor the bureau is able to obtain the final disposition information within fifteen (15) calendar days of the bureau's receipt of the criminal history challenge form, the bureau shall immediately notify the federal firearms licensee that the transaction that was initially denied is now a "conditional proceed." A "conditional proceed" means that the federal firearms licensee may lawfully transfer the firearm to the purchaser. (p) In any case in which the transfer has been denied pursuant to subsection (n), the inability of the bureau to obtain the final disposition of a case shall not constitute the basis for the continued denial of the transfer as long as the bureau receives written notice, signed and verified by the clerk of the court or the clerk's designee, that indicates that no final disposition information is available. Upon receipt of the letter by the bureau, the bureau shall immediately reverse the denial. (q) (1) It is an offense for a person to purchase or attempt to purchase a firearm knowing that the person is prohibited by state or federal law from owning, possessing or purchasing a firearm. (2) It is an offense to sell or offer to sell a firearm to a person knowing that the person is prohibited by state or federal law from owning, possessing or purchasing a firearm. (3) It is an offense to transfer a firearm to a person knowing that the person: (A) Has been judicially committed to a mental institution or adjudicated as a mental defective unless the person's right to possess firearms has been restored pursuant to title 16; or (B) Is receiving inpatient treatment, pursuant to title 33, at a treatment resource, as defined in § 33-1-101 , other than a hospital. (4) It is an offense for a person to knowingly purchase or attempt to purchase a firearm if the person has been judicially committed to a mental institution or adjudicated as a mental defective. (5) A violation of this subsection (q) is a Class A misdemeanor. (r) The criminal history records check required by this section shall not apply to an occasional sale of a used or second-hand firearm by a person who is not engaged in the business of importing, manufacturing, or dealing in firearms, pursuant to 18 U.S.C. §§ 921 and 923 . Amended by 2024 Tenn. Acts, ch. 973,s 4, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 973,s 4, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 784,s 20, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 64, s 45, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 432, s 1, eff. 5/21/2019. Amended by 2019 Tenn. Acts, ch. 345, s 53, eff. 5/10/2019. Amended by 2017 Tenn. Acts, ch. 185, Secs.s 1, s 2 eff. 4/19/2017. Amended by 2013 Tenn. Acts, ch. 236, s 36, eff. 4/19/2013. Acts 1989, ch. 591, § 1; 1993, ch. 372, § 1; 1994, ch. 1001, §§ 1-6; 1995, ch. 371, § 1; 1996, ch. 1075, §§ 1, 2; 1998, ch. 1071, § 1; 2001, ch. 396, § 1; 2005, ch. 482, § 8; 2006, ch. 920, § 4; 2009 , ch. 102, §§ 1, 2; 2009 , ch. 195, § 2; 2009 , ch. 578, § 9.
(a) (1) (A) A person appropriately licensed by the federal government may stock and sell firearms to persons desiring firearms; however, sales are prohibited to persons who: (i) Have been convicted of the offense of stalking, as prohibited by § 39-17-315 ; (ii) Are addicted to alcohol; (iii) Are ineligible to receive firearms under 18 U.S.C. § 922 ; (iv) Have been judicially committed to a mental institution pursuant to title 33 or adjudicated as a mental defective; or (v) Are under twenty-five (25) years of age and are currently prohibited from purchasing a firearm as a result of having been adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted one (1) or more of the following offenses: (a) Aggravated assault, as defined in § 39-13-102 ; (b) Aggravated assault against a first responder or nurse, as defined in § 39-13-116 ; (c) A violation of chapter 13, part 2, of this title; (d) A violation of chapter 13, part 4, of this title; (e) A violation of chapter 13, part 10, of this title; (f) Aggravated cruelty to animals, as defined in § 39-14-212 ; (g) A threat of mass violence, as defined in § 39-16-517 ; or (h) A violation of this title involving the use or display of a firearm. (B) For purposes of subdivision (a)(1)(A)(iii), the offense of violation of a protective order as prohibited by § 39-13-113 is considered a "misdemeanor crime of domestic violence" for purposes of 18 U.S.C. § 921 . (2) The provisions of this subsection (a) prohibiting the sale of a firearm to a person convicted of a felony shall not apply if: (A) The person was pardoned for the offense; (B) The conviction has been expunged or set aside; or (C) The person's civil rights have been restored pursuant to title 40, chapter 29; and (D) The person is not prohibited from possessing a firearm by § 39-17-1307 .
(1) (A) A person appropriately licensed by the federal government may stock and sell firearms to persons desiring firearms; however, sales are prohibited to persons who: (i) Have been convicted of the offense of stalking, as prohibited by § 39-17-315 ; (ii) Are addicted to alcohol; (iii) Are ineligible to receive firearms under 18 U.S.C. § 922 ; (iv) Have been judicially committed to a mental institution pursuant to title 33 or adjudicated as a mental defective; or (v) Are under twenty-five (25) years of age and are currently prohibited from purchasing a firearm as a result of having been adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted one (1) or more of the following offenses: (a) Aggravated assault, as defined in § 39-13-102 ; (b) Aggravated assault against a first responder or nurse, as defined in § 39-13-116 ; (c) A violation of chapter 13, part 2, of this title; (d) A violation of chapter 13, part 4, of this title; (e) A violation of chapter 13, part 10, of this title; (f) Aggravated cruelty to animals, as defined in § 39-14-212 ; (g) A threat of mass violence, as defined in § 39-16-517 ; or (h) A violation of this title involving the use or display of a firearm. (B) For purposes of subdivision (a)(1)(A)(iii), the offense of violation of a protective order as prohibited by § 39-13-113 is considered a "misdemeanor crime of domestic violence" for purposes of 18 U.S.C. § 921 .
(A) A person appropriately licensed by the federal government may stock and sell firearms to persons desiring firearms; however, sales are prohibited to persons who: (i) Have been convicted of the offense of stalking, as prohibited by § 39-17-315 ; (ii) Are addicted to alcohol; (iii) Are ineligible to receive firearms under 18 U.S.C. § 922 ; (iv) Have been judicially committed to a mental institution pursuant to title 33 or adjudicated as a mental defective; or (v) Are under twenty-five (25) years of age and are currently prohibited from purchasing a firearm as a result of having been adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted one (1) or more of the following offenses: (a) Aggravated assault, as defined in § 39-13-102 ; (b) Aggravated assault against a first responder or nurse, as defined in § 39-13-116 ; (c) A violation of chapter 13, part 2, of this title; (d) A violation of chapter 13, part 4, of this title; (e) A violation of chapter 13, part 10, of this title; (f) Aggravated cruelty to animals, as defined in § 39-14-212 ; (g) A threat of mass violence, as defined in § 39-16-517 ; or (h) A violation of this title involving the use or display of a firearm.
(i) Have been convicted of the offense of stalking, as prohibited by § 39-17-315 ;
(ii) Are addicted to alcohol;
(iii) Are ineligible to receive firearms under 18 U.S.C. § 922 ;
(iv) Have been judicially committed to a mental institution pursuant to title 33 or adjudicated as a mental defective; or
(v) Are under twenty-five (25) years of age and are currently prohibited from purchasing a firearm as a result of having been adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted one (1) or more of the following offenses: (a) Aggravated assault, as defined in § 39-13-102 ; (b) Aggravated assault against a first responder or nurse, as defined in § 39-13-116 ; (c) A violation of chapter 13, part 2, of this title; (d) A violation of chapter 13, part 4, of this title; (e) A violation of chapter 13, part 10, of this title; (f) Aggravated cruelty to animals, as defined in § 39-14-212 ; (g) A threat of mass violence, as defined in § 39-16-517 ; or (h) A violation of this title involving the use or display of a firearm.
(a) Aggravated assault, as defined in § 39-13-102 ;
(b) Aggravated assault against a first responder or nurse, as defined in § 39-13-116 ;
(c) A violation of chapter 13, part 2, of this title;
(d) A violation of chapter 13, part 4, of this title;
(e) A violation of chapter 13, part 10, of this title;
(f) Aggravated cruelty to animals, as defined in § 39-14-212 ;
(g) A threat of mass violence, as defined in § 39-16-517 ; or
(h) A violation of this title involving the use or display of a firearm.
(B) For purposes of subdivision (a)(1)(A)(iii), the offense of violation of a protective order as prohibited by § 39-13-113 is considered a "misdemeanor crime of domestic violence" for purposes of 18 U.S.C. § 921 .
(2) The provisions of this subsection (a) prohibiting the sale of a firearm to a person convicted of a felony shall not apply if: (A) The person was pardoned for the offense; (B) The conviction has been expunged or set aside; or (C) The person's civil rights have been restored pursuant to title 40, chapter 29; and (D) The person is not prohibited from possessing a firearm by § 39-17-1307 .
(A) The person was pardoned for the offense;
(B) The conviction has been expunged or set aside; or
(C) The person's civil rights have been restored pursuant to title 40, chapter 29; and
(D) The person is not prohibited from possessing a firearm by § 39-17-1307 .
(b) (1) As used in this section, "firearm" has the meaning as defined in § 39-11-106 , including handguns, long guns, and all other weapons that meet the definition except "antique firearms" as defined in 18 U.S.C. § 921 . (2) As used in this section, "gun dealer" means a person engaged in the business, as defined in 18 U.S.C. § 921 , of selling, leasing, or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker, or otherwise.
(1) As used in this section, "firearm" has the meaning as defined in § 39-11-106 , including handguns, long guns, and all other weapons that meet the definition except "antique firearms" as defined in 18 U.S.C. § 921 .
(2) As used in this section, "gun dealer" means a person engaged in the business, as defined in 18 U.S.C. § 921 , of selling, leasing, or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker, or otherwise.
(c) Except with respect to transactions between persons licensed as dealers under 18 U.S.C. § 923 , a gun dealer shall comply with the following before a firearm is delivered to a purchaser: (1) The purchaser shall present to the dealer current identification meeting the requirements of subsection (f); (2) The gun dealer shall complete a firearms transaction record as required by 18 U.S.C. §§ 921 - 929 , and obtain the signature of the purchaser on the record; (3) The gun dealer shall request by means designated by the bureau that the Tennessee bureau of investigation conduct a criminal history record check on the purchaser and shall provide the following information to the bureau: (A) The federal firearms license number of the gun dealer; (B) The business name of the gun dealer; (C) The place of transfer; (D) The name of the person making the transfer; (E) The make, model, caliber and manufacturer's number of the firearm being transferred; (F) The name, gender, race, and date of birth of the purchaser; (G) The social security number of the purchaser, if one has been assigned; and (H) The type, issuer and identification number of the identification presented by the purchaser; and (4) The gun dealer shall receive a unique approval number for the transfer from the bureau and record the approval number on the firearms transaction record.
(1) The purchaser shall present to the dealer current identification meeting the requirements of subsection (f);
(2) The gun dealer shall complete a firearms transaction record as required by 18 U.S.C. §§ 921 - 929 , and obtain the signature of the purchaser on the record;
(3) The gun dealer shall request by means designated by the bureau that the Tennessee bureau of investigation conduct a criminal history record check on the purchaser and shall provide the following information to the bureau: (A) The federal firearms license number of the gun dealer; (B) The business name of the gun dealer; (C) The place of transfer; (D) The name of the person making the transfer; (E) The make, model, caliber and manufacturer's number of the firearm being transferred; (F) The name, gender, race, and date of birth of the purchaser; (G) The social security number of the purchaser, if one has been assigned; and (H) The type, issuer and identification number of the identification presented by the purchaser; and
(A) The federal firearms license number of the gun dealer;
(B) The business name of the gun dealer;
(C) The place of transfer;
(D) The name of the person making the transfer;
(E) The make, model, caliber and manufacturer's number of the firearm being transferred;
(F) The name, gender, race, and date of birth of the purchaser;
(G) The social security number of the purchaser, if one has been assigned; and
(H) The type, issuer and identification number of the identification presented by the purchaser; and
(4) The gun dealer shall receive a unique approval number for the transfer from the bureau and record the approval number on the firearms transaction record.
(d) Upon receipt of a request of the gun dealer for a criminal history record check, the Tennessee bureau of investigation shall immediately, during the gun dealer's telephone call or by return call: (1) Determine, from criminal records and other information available to it, whether the purchaser is disqualified under subdivision (a)(1) from completing the purchase; and (2) Notify the dealer when a purchaser is disqualified from completing the transfer or provide the dealer with a unique approval number indicating that the purchaser is qualified to complete the transfer.
(1) Determine, from criminal records and other information available to it, whether the purchaser is disqualified under subdivision (a)(1) from completing the purchase; and
(2) Notify the dealer when a purchaser is disqualified from completing the transfer or provide the dealer with a unique approval number indicating that the purchaser is qualified to complete the transfer.
(e) (1) The Tennessee bureau of investigation may charge a reasonable fee, not to exceed ten dollars ($10.00), for conducting background checks and other costs incurred under this section, and shall be empowered to bill gun dealers for checks run. (2) Funds collected by the Tennessee bureau of investigation pursuant to this section shall be deposited in a continuing deferred interest-bearing revenue fund that is created in the state treasury. This fund will not revert to the general fund on June 30 of any year. This fund shall be used to offset the costs associated with conducting background checks. By February 1 of each year the Tennessee bureau of investigation shall report to the judiciary committee of the senate and the criminal justice committee of the house of representatives the amount of money collected pursuant to this section in excess of the costs associated with conducting background checks as required by this section. The excess money shall be appropriated by the general assembly to the Tennessee bureau of investigation for other law enforcement related purposes as it deems appropriate and necessary.
(1) The Tennessee bureau of investigation may charge a reasonable fee, not to exceed ten dollars ($10.00), for conducting background checks and other costs incurred under this section, and shall be empowered to bill gun dealers for checks run.
(2) Funds collected by the Tennessee bureau of investigation pursuant to this section shall be deposited in a continuing deferred interest-bearing revenue fund that is created in the state treasury. This fund will not revert to the general fund on June 30 of any year. This fund shall be used to offset the costs associated with conducting background checks. By February 1 of each year the Tennessee bureau of investigation shall report to the judiciary committee of the senate and the criminal justice committee of the house of representatives the amount of money collected pursuant to this section in excess of the costs associated with conducting background checks as required by this section. The excess money shall be appropriated by the general assembly to the Tennessee bureau of investigation for other law enforcement related purposes as it deems appropriate and necessary.
(f) (1) Identification required of the purchaser under subsection (c) shall include one (1) piece of current, valid identification bearing a photograph and the date of birth of the purchaser that: (A) Is issued under the authority of the United States government, a state, a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental organization or an international quasi-governmental organization; and (B) Is intended to be used for identification of an individual or is commonly accepted for the purpose of identification of an individual. (2) If the identification presented by the purchaser under subdivision (f)(1)(A) does not include the current address of the purchaser, the purchaser shall present a second piece of current identification that contains the current address of the purchaser.
(1) Identification required of the purchaser under subsection (c) shall include one (1) piece of current, valid identification bearing a photograph and the date of birth of the purchaser that: (A) Is issued under the authority of the United States government, a state, a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental organization or an international quasi-governmental organization; and (B) Is intended to be used for identification of an individual or is commonly accepted for the purpose of identification of an individual.
(A) Is issued under the authority of the United States government, a state, a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental organization or an international quasi-governmental organization; and
(B) Is intended to be used for identification of an individual or is commonly accepted for the purpose of identification of an individual.
(2) If the identification presented by the purchaser under subdivision (f)(1)(A) does not include the current address of the purchaser, the purchaser shall present a second piece of current identification that contains the current address of the purchaser.
(g) The Tennessee bureau of investigation may require that the dealer verify the identification of the purchaser if that identity is in question by sending the thumbprints of the purchaser to the bureau.
(h) The Tennessee bureau of investigation shall establish a telephone number that shall be operational seven (7) days a week between the hours of eight o'clock a.m. and ten o'clock p.m. Central Standard Time (8:00 a.m. - 10:00 p.m. (CST)), except Christmas Day, Thanksgiving Day, and Independence Day, for the purpose of responding to inquiries from dealers for a criminal history record check under this section.
(i) No public employee, official or agency shall be held criminally or civilly liable for performing the investigations required by this section; provided the employee, official or agency acts in good faith and without malice.
(j) Upon the determination that receipt of a firearm by a particular individual would not violate this section, and after the issuance of a unique identifying number for the transaction, the Tennessee bureau of investigation shall destroy all records (except the unique identifying number and the date that it was assigned) associating a particular individual with a particular purchase of firearms.
(k) A law enforcement agency may inspect the records of a gun dealer relating to transfers of firearms in the course of a reasonable inquiry during a criminal investigation or under the authority of a properly authorized subpoena or search warrant.
(l) (1) The following transactions or transfers are exempt from the criminal history record check requirement of subdivision (c)(3): (A) Transactions between licensed: (i) Importers; (ii) Manufacturers; (iii) Dealers; and (iv) Collectors who meet the requirements of subsection (b) and certify prior to the transaction the legal and licensed status of both parties; (B) Transactions or transfers between a licensed importer, licensed manufacturer, or licensed dealer and a bona fide law enforcement agency or the agency's personnel. However, all other requirements of subsection (c) are applicable to a transaction or transfer under this subdivision ( l )(1)(B); and (C) Transactions by a gun dealer, as defined in subdivision (b)(2), making occasional sales, exchanges, or transfers of firearms that comprise all or part of the gun dealer's personal collection of firearms. (2) The burden of proving the legality of any transaction or transfer under this subsection ( l ) is upon the transferor.
(1) The following transactions or transfers are exempt from the criminal history record check requirement of subdivision (c)(3): (A) Transactions between licensed: (i) Importers; (ii) Manufacturers; (iii) Dealers; and (iv) Collectors who meet the requirements of subsection (b) and certify prior to the transaction the legal and licensed status of both parties; (B) Transactions or transfers between a licensed importer, licensed manufacturer, or licensed dealer and a bona fide law enforcement agency or the agency's personnel. However, all other requirements of subsection (c) are applicable to a transaction or transfer under this subdivision ( l )(1)(B); and (C) Transactions by a gun dealer, as defined in subdivision (b)(2), making occasional sales, exchanges, or transfers of firearms that comprise all or part of the gun dealer's personal collection of firearms.
(A) Transactions between licensed: (i) Importers; (ii) Manufacturers; (iii) Dealers; and (iv) Collectors who meet the requirements of subsection (b) and certify prior to the transaction the legal and licensed status of both parties;
(i) Importers;
(ii) Manufacturers;
(iii) Dealers; and
(iv) Collectors who meet the requirements of subsection (b) and certify prior to the transaction the legal and licensed status of both parties;
(B) Transactions or transfers between a licensed importer, licensed manufacturer, or licensed dealer and a bona fide law enforcement agency or the agency's personnel. However, all other requirements of subsection (c) are applicable to a transaction or transfer under this subdivision ( l )(1)(B); and
(C) Transactions by a gun dealer, as defined in subdivision (b)(2), making occasional sales, exchanges, or transfers of firearms that comprise all or part of the gun dealer's personal collection of firearms.
(2) The burden of proving the legality of any transaction or transfer under this subsection ( l ) is upon the transferor.
(m) The director of the Tennessee bureau of investigation is authorized to make and issue all rules and regulations necessary to carry out this section.
(n) In addition to the other grounds for denial, the bureau shall deny the transfer of a firearm if the background check reveals information indicating that the purchaser has been charged with a crime for which the purchaser, if convicted, would be prohibited under state or federal law from purchasing, receiving, or possessing a firearm; and, either there has been no final disposition of the case, or the final disposition is not noted.
(o) Upon receipt of the criminal history challenge form indicating a purchaser's request for review of the denial, the bureau shall proceed with efforts to obtain the final disposition information. The purchaser may attempt to assist the bureau in obtaining the final disposition information. If neither the purchaser nor the bureau is able to obtain the final disposition information within fifteen (15) calendar days of the bureau's receipt of the criminal history challenge form, the bureau shall immediately notify the federal firearms licensee that the transaction that was initially denied is now a "conditional proceed." A "conditional proceed" means that the federal firearms licensee may lawfully transfer the firearm to the purchaser.
(p) In any case in which the transfer has been denied pursuant to subsection (n), the inability of the bureau to obtain the final disposition of a case shall not constitute the basis for the continued denial of the transfer as long as the bureau receives written notice, signed and verified by the clerk of the court or the clerk's designee, that indicates that no final disposition information is available. Upon receipt of the letter by the bureau, the bureau shall immediately reverse the denial.
(q) (1) It is an offense for a person to purchase or attempt to purchase a firearm knowing that the person is prohibited by state or federal law from owning, possessing or purchasing a firearm. (2) It is an offense to sell or offer to sell a firearm to a person knowing that the person is prohibited by state or federal law from owning, possessing or purchasing a firearm. (3) It is an offense to transfer a firearm to a person knowing that the person: (A) Has been judicially committed to a mental institution or adjudicated as a mental defective unless the person's right to possess firearms has been restored pursuant to title 16; or (B) Is receiving inpatient treatment, pursuant to title 33, at a treatment resource, as defined in § 33-1-101 , other than a hospital. (4) It is an offense for a person to knowingly purchase or attempt to purchase a firearm if the person has been judicially committed to a mental institution or adjudicated as a mental defective. (5) A violation of this subsection (q) is a Class A misdemeanor.
(1) It is an offense for a person to purchase or attempt to purchase a firearm knowing that the person is prohibited by state or federal law from owning, possessing or purchasing a firearm.
(2) It is an offense to sell or offer to sell a firearm to a person knowing that the person is prohibited by state or federal law from owning, possessing or purchasing a firearm.
(3) It is an offense to transfer a firearm to a person knowing that the person: (A) Has been judicially committed to a mental institution or adjudicated as a mental defective unless the person's right to possess firearms has been restored pursuant to title 16; or (B) Is receiving inpatient treatment, pursuant to title 33, at a treatment resource, as defined in § 33-1-101 , other than a hospital.
(A) Has been judicially committed to a mental institution or adjudicated as a mental defective unless the person's right to possess firearms has been restored pursuant to title 16; or
(B) Is receiving inpatient treatment, pursuant to title 33, at a treatment resource, as defined in § 33-1-101 , other than a hospital.
(4) It is an offense for a person to knowingly purchase or attempt to purchase a firearm if the person has been judicially committed to a mental institution or adjudicated as a mental defective.
(5) A violation of this subsection (q) is a Class A misdemeanor.
(r) The criminal history records check required by this section shall not apply to an occasional sale of a used or second-hand firearm by a person who is not engaged in the business of importing, manufacturing, or dealing in firearms, pursuant to 18 U.S.C. §§ 921 and 923 .
Amended by 2024 Tenn. Acts, ch. 973,s 4, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 784,s 20, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 64, s 45, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 432, s 1, eff. 5/21/2019.
Amended by 2019 Tenn. Acts, ch. 345, s 53, eff. 5/10/2019.
Amended by 2017 Tenn. Acts, ch. 185, Secs.s 1, s 2 eff. 4/19/2017.
Amended by 2013 Tenn. Acts, ch. 236, s 36, eff. 4/19/2013.
Acts 1989, ch. 591, § 1; 1993, ch. 372, § 1; 1994, ch. 1001, §§ 1-6; 1995, ch. 371, § 1; 1996, ch. 1075, §§ 1, 2; 1998, ch. 1071, § 1; 2001, ch. 396, § 1; 2005, ch. 482, § 8; 2006, ch. 920, § 4; 2009 , ch. 102, §§ 1, 2; 2009 , ch. 195, § 2; 2009 , ch. 578, § 9.
Tenn. Code Ann. § 39-17-111 — TN Code / Title 39 / Chapter 17 / Section 39-17-111
Alteration of warning, guard or other safety device from any machine, tool, or other implement
Status: in_force

(a) (1) It is an offense for any person to knowingly and intentionally remove, disconnect, alter or cause to have removed, disconnected or altered a warning, guard or other safety device from any machine, tool or other implement and as a result of that action another person suffers bodily injury or death. For purposes of this section, "machine, tool or other implement" does not include: (A) Any item of equipment or device being used for agricultural, forestry purposes, or lawn and garden care purposes; or (B) Any item being used for home improvements or maintenance by a person not engaged in commercial activities. (2) It is not an offense to knowingly and intentionally remove, disconnect, alter or cause to have removed, disconnected or altered a warning, guard or other safety device under subdivision (a)(1) if the warning, guard or other safety device is removed, disconnected or altered: (A) With the sole and intended purpose of improving safety in accordance with accepted industry safety standards; or (B) When a machine, tool or other implement is redesigned to manufacture a product or products substantially different than it was originally designed, and the warning, guard or other safety device is replaced with a warning, guard or other safety device with equal or improved effectiveness relative to accepted industry safety standards. (b) A violation of this section is a Class A misdemeanor, punishable only by fine of not more than two thousand five hundred dollars ($2,500). (c) Evidence of a criminal conviction under this section shall not be admissible in a subsequent action against the employer filed by the employee involving a workplace injury or death. (d) Neither a conviction nor a failure to obtain a conviction under this section shall preclude any other action authorized by law with respect to conduct in controversy under subsection (a). Acts 1998, ch. 1054, § 1.
(a) (1) It is an offense for any person to knowingly and intentionally remove, disconnect, alter or cause to have removed, disconnected or altered a warning, guard or other safety device from any machine, tool or other implement and as a result of that action another person suffers bodily injury or death. For purposes of this section, "machine, tool or other implement" does not include: (A) Any item of equipment or device being used for agricultural, forestry purposes, or lawn and garden care purposes; or (B) Any item being used for home improvements or maintenance by a person not engaged in commercial activities. (2) It is not an offense to knowingly and intentionally remove, disconnect, alter or cause to have removed, disconnected or altered a warning, guard or other safety device under subdivision (a)(1) if the warning, guard or other safety device is removed, disconnected or altered: (A) With the sole and intended purpose of improving safety in accordance with accepted industry safety standards; or (B) When a machine, tool or other implement is redesigned to manufacture a product or products substantially different than it was originally designed, and the warning, guard or other safety device is replaced with a warning, guard or other safety device with equal or improved effectiveness relative to accepted industry safety standards.
(1) It is an offense for any person to knowingly and intentionally remove, disconnect, alter or cause to have removed, disconnected or altered a warning, guard or other safety device from any machine, tool or other implement and as a result of that action another person suffers bodily injury or death. For purposes of this section, "machine, tool or other implement" does not include: (A) Any item of equipment or device being used for agricultural, forestry purposes, or lawn and garden care purposes; or (B) Any item being used for home improvements or maintenance by a person not engaged in commercial activities.
(A) Any item of equipment or device being used for agricultural, forestry purposes, or lawn and garden care purposes; or
(B) Any item being used for home improvements or maintenance by a person not engaged in commercial activities.
(2) It is not an offense to knowingly and intentionally remove, disconnect, alter or cause to have removed, disconnected or altered a warning, guard or other safety device under subdivision (a)(1) if the warning, guard or other safety device is removed, disconnected or altered: (A) With the sole and intended purpose of improving safety in accordance with accepted industry safety standards; or (B) When a machine, tool or other implement is redesigned to manufacture a product or products substantially different than it was originally designed, and the warning, guard or other safety device is replaced with a warning, guard or other safety device with equal or improved effectiveness relative to accepted industry safety standards.
(A) With the sole and intended purpose of improving safety in accordance with accepted industry safety standards; or
(B) When a machine, tool or other implement is redesigned to manufacture a product or products substantially different than it was originally designed, and the warning, guard or other safety device is replaced with a warning, guard or other safety device with equal or improved effectiveness relative to accepted industry safety standards.
(b) A violation of this section is a Class A misdemeanor, punishable only by fine of not more than two thousand five hundred dollars ($2,500).
(c) Evidence of a criminal conviction under this section shall not be admissible in a subsequent action against the employer filed by the employee involving a workplace injury or death.
(d) Neither a conviction nor a failure to obtain a conviction under this section shall preclude any other action authorized by law with respect to conduct in controversy under subsection (a).
Acts 1998, ch. 1054, § 1.
Tenn. Code Ann. § 39-17-1350 — TN Code / Title 39 / Chapter 17 / Section 39-17-1350
Law enforcement officers permitted to carry firearms - Exceptions - Restrictions - Identification card for corrections officers
Status: in_force

(a) Notwithstanding any law to the contrary, any law enforcement officer may carry firearms at all times and in all places within Tennessee, on-duty or off-duty, regardless of the officer's regular duty hours or assignments, except as provided by subsection (c), federal law, lawful orders of court or the written directives of the executive supervisor of the employing agency. (b) The authority conferred by this section is expressly intended to and shall supersede restrictions placed upon law enforcement officers' authority to carry firearms by other sections within this part. (c) The authority conferred by this section shall not extend to a law enforcement officer: (1) Who is not engaged in the actual discharge of official duties as a law enforcement officer and carries a firearm onto school grounds or inside a school building during regular school hours unless the officer immediately informs the principal that the officer will be present on school grounds or inside the school building and in possession of a firearm. If the principal is unavailable, the notice may be given to an appropriate administrative staff person in the principal's office; (2) Who is consuming beer or an alcoholic beverage or who is under the influence of beer, an alcoholic beverage, or a controlled substance or controlled substance analogue; or (3) Who is not engaged in the actual discharge of official duties as a law enforcement officer while attending a judicial proceeding. (d) (1) For purposes of this section, "law enforcement officer" means a person who is a full-time employee of the state in a position authorized by the laws of this state to carry a firearm and to make arrests for violations of some or all of the laws of this state, or a full-time police officer who has been certified by the peace officer standards and training commission, or a commissioned reserve deputy sheriff as authorized in writing by the sheriff, or a commissioned reserve or auxiliary police officer as authorized in writing by the chief of police, or a sheriff who has been certified by the peace officer standards and training commission, or a deputy sheriff employed by a county as a court officer or corrections officer as authorized in writing by the sheriff. (2) For purposes of this section, "law enforcement officer" also means an inmate relations coordinator who is employed by the department of correction and has completed the probationary period established for an inmate relations coordinator, a correctional officer who is employed by the department of correction and has completed the probationary period established for a correctional officer, a person employed by the department of correction as a warden, deputy warden, associate warden, correctional administrator, assistant or deputy commissioner, or commissioner who has successfully completed any probationary period if required for those positions and who has successfully completed firearms training in accordance with department of correction standards, which standards shall include, at a minimum, forty (40) hours initial training and eight (8) hours annual in-service training in firearms qualification administered by an instructor with certification from the Tennessee Correction Academy's firearms instructor program or from a police firearms instructor training program conducted or sanctioned by the federal bureau of investigation or the National Rifle Association. (3) For purposes of this section, "law enforcement officer" also means a duly elected and sworn constable in a county where constables retain law enforcement powers and duties under § 8-10-108 ; provided, that the constable receives, at a minimum, forty (40) hours initial training, within one (1) year of election, and eight (8) hours annual in-service training in firearms qualification administered by a certified law enforcement firearms instructor. (4) (A) For purposes of this section, "law enforcement officer" also means a person who has successfully completed firearms training in accordance with POST certification, which shall include, at a minimum, forty (40) hours initial training and eight (8) hours annual in-service training in firearms qualification administered by a POST-certified firearms training program and is: (i) An elected district attorney general; (ii) A full-time assistant district attorney general who has been authorized pursuant to subdivision (d)(4)(B); (iii) The executive director or deputy director of the district attorneys general conference; or (iv) A full-time, pro-tem prosecutor employed by the district attorneys general conference. (B) Each elected district attorney general, at such district attorney general's discretion, is authorized to determine if any assistant district attorney general in the district attorney general's office or judicial district is authorized to carry a firearm pursuant to this section. (C) The district attorneys general conference shall develop a uniform identification system clearly identifying that a person described in subdivision (d)(4)(A) is qualified under this section to carry a firearm at all times. Persons authorized by this subdivision (d)(4) to carry a firearm under this section shall carry this identification at all times the person is carrying a firearm. (5) For purposes of this section, "law enforcement officer" also means a retired law enforcement officer carrying pursuant to §§ 38-8-116 and 39-17-1315 . (e) In counties having a population of not less than thirty thousand two hundred (30,200) nor more than thirty thousand four hundred seventy-five (30,475) or not less than one hundred eighteen thousand four hundred (118,400) nor more than one hundred eighteen thousand seven hundred (118,700), according to the 1990 federal census or any subsequent federal census, the authority conferred by this section shall only apply to law enforcement officers who are law enforcement officers for those counties or law enforcement officers for municipalities located therein. (f) (1) The secretary of state shall, in consultation with the commissioner of correction, design and issue to each requesting inmate relations coordinator or correctional officer who is employed by the department of correction and has completed the probationary period established for an inmate relations coordinator or correctional officer, a state identification card certifying that the inmate relations coordinator or correctional officer is authorized to carry a firearm pursuant to this section. (2) Any inmate relations coordinator or correctional officer desiring an identification card shall notify the secretary of state and shall provide the inmate relations coordinator's or correctional officer's full name and residential address. Upon receipt of the request, the secretary of state shall notify the commissioner of correction of the request. The commissioner of correction shall verify to the secretary of state whether the requesting inmate relations coordinator or correctional officer is employed by the department of correction and has completed the appropriate probationary period and shall so certify in a letter to be maintained by the secretary. (3) If the secretary of state receives certification that a requesting inmate relations coordinator or correctional officer is employed by the department and has completed the appropriate probationary period, the secretary shall issue the inmate relations coordinator or correctional officer an identification card so certifying. The card shall be valid for as long as the inmate relations coordinator or correctional officer remains in the employment of the department of correction. (4) An inmate relations coordinator or correctional officer issued a card pursuant to this subsection (f) shall carry the card at all times the inmate relations coordinator or correctional officer is carrying a firearm. The card shall be sufficient proof that the inmate relations coordinator or correctional officer is authorized to carry a firearm pursuant to this section. (5) If an inmate relations coordinator or correctional officer who is employed by the department and has completed the appropriate probationary period resigns, is terminated, or is otherwise no longer employed by the department, the commissioner shall, within ten (10) days, so notify the secretary of state. Upon receiving the notice, the secretary of state shall revoke the identification card and send a letter of revocation to the inmate relations coordinator or correctional officer at the coordinator's or officer's last known address. (6) (A) A person who is no longer an inmate relations coordinator or correctional officer employed by the department of correction but who still has an identification card issued by the secretary of state shall have ten (10) days from receipt of the letter of revocation from the secretary of state to return the card to the secretary. (B) It is a Class C misdemeanor punishable by fine only of fifty dollars ($50.00) for a person to knowingly fail to return an identification card as required by subdivision (f)(6)(A). (g) Notwithstanding any law to the contrary, a community corrections officer who holds a valid Tennessee handgun carry permit may carry a handgun at all times and in all places in Tennessee while in the course of employment and engaged in the actual discharge of official duties, except as provided by subsection (c), federal law, or lawful orders of court. This subsection applies to community corrections officers employed in counties having a population, according to the 2010 federal census or any subsequent federal census of: not less than nor more than 6,800 6,900 19,100 19,150 22,600 22,675 32,200 32,300 51,400 51,500 56,800 56,900 Amended by 2024 Tenn. Acts, ch. 1065,s 1, eff. 10/1/2023. Amended by 2020 Tenn. Acts, ch. 599, s 1, eff. 3/20/2020. Amended by 2019 Tenn. Acts, ch. 92, s 1, eff. 3/28/2019. Amended by 2018 Tenn. Acts, ch. 828, s 1, eff. 4/27/2018. Amended by 2017 Tenn. Acts, ch. 447, s 1, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 746, s 1, eff. 4/12/2016. Amended by 2016 Tenn. Acts, ch. 641, s 1, eff. 3/23/2016. Acts 2000, ch. 988, § 1; 2001, ch. 175, § 1; 2002, ch. 682, § 1; 2009 , ch. 605, § 1; 2010 , ch. 631, §§ 1, 2; 2010 , ch. 895, § 1; 2012 , ch. 603, § 2; 2012 , ch. 848, § 25.
(a) Notwithstanding any law to the contrary, any law enforcement officer may carry firearms at all times and in all places within Tennessee, on-duty or off-duty, regardless of the officer's regular duty hours or assignments, except as provided by subsection (c), federal law, lawful orders of court or the written directives of the executive supervisor of the employing agency.
(b) The authority conferred by this section is expressly intended to and shall supersede restrictions placed upon law enforcement officers' authority to carry firearms by other sections within this part.
(c) The authority conferred by this section shall not extend to a law enforcement officer: (1) Who is not engaged in the actual discharge of official duties as a law enforcement officer and carries a firearm onto school grounds or inside a school building during regular school hours unless the officer immediately informs the principal that the officer will be present on school grounds or inside the school building and in possession of a firearm. If the principal is unavailable, the notice may be given to an appropriate administrative staff person in the principal's office; (2) Who is consuming beer or an alcoholic beverage or who is under the influence of beer, an alcoholic beverage, or a controlled substance or controlled substance analogue; or (3) Who is not engaged in the actual discharge of official duties as a law enforcement officer while attending a judicial proceeding.
(1) Who is not engaged in the actual discharge of official duties as a law enforcement officer and carries a firearm onto school grounds or inside a school building during regular school hours unless the officer immediately informs the principal that the officer will be present on school grounds or inside the school building and in possession of a firearm. If the principal is unavailable, the notice may be given to an appropriate administrative staff person in the principal's office;
(2) Who is consuming beer or an alcoholic beverage or who is under the influence of beer, an alcoholic beverage, or a controlled substance or controlled substance analogue; or
(3) Who is not engaged in the actual discharge of official duties as a law enforcement officer while attending a judicial proceeding.
(d) (1) For purposes of this section, "law enforcement officer" means a person who is a full-time employee of the state in a position authorized by the laws of this state to carry a firearm and to make arrests for violations of some or all of the laws of this state, or a full-time police officer who has been certified by the peace officer standards and training commission, or a commissioned reserve deputy sheriff as authorized in writing by the sheriff, or a commissioned reserve or auxiliary police officer as authorized in writing by the chief of police, or a sheriff who has been certified by the peace officer standards and training commission, or a deputy sheriff employed by a county as a court officer or corrections officer as authorized in writing by the sheriff. (2) For purposes of this section, "law enforcement officer" also means an inmate relations coordinator who is employed by the department of correction and has completed the probationary period established for an inmate relations coordinator, a correctional officer who is employed by the department of correction and has completed the probationary period established for a correctional officer, a person employed by the department of correction as a warden, deputy warden, associate warden, correctional administrator, assistant or deputy commissioner, or commissioner who has successfully completed any probationary period if required for those positions and who has successfully completed firearms training in accordance with department of correction standards, which standards shall include, at a minimum, forty (40) hours initial training and eight (8) hours annual in-service training in firearms qualification administered by an instructor with certification from the Tennessee Correction Academy's firearms instructor program or from a police firearms instructor training program conducted or sanctioned by the federal bureau of investigation or the National Rifle Association. (3) For purposes of this section, "law enforcement officer" also means a duly elected and sworn constable in a county where constables retain law enforcement powers and duties under § 8-10-108 ; provided, that the constable receives, at a minimum, forty (40) hours initial training, within one (1) year of election, and eight (8) hours annual in-service training in firearms qualification administered by a certified law enforcement firearms instructor. (4) (A) For purposes of this section, "law enforcement officer" also means a person who has successfully completed firearms training in accordance with POST certification, which shall include, at a minimum, forty (40) hours initial training and eight (8) hours annual in-service training in firearms qualification administered by a POST-certified firearms training program and is: (i) An elected district attorney general; (ii) A full-time assistant district attorney general who has been authorized pursuant to subdivision (d)(4)(B); (iii) The executive director or deputy director of the district attorneys general conference; or (iv) A full-time, pro-tem prosecutor employed by the district attorneys general conference. (B) Each elected district attorney general, at such district attorney general's discretion, is authorized to determine if any assistant district attorney general in the district attorney general's office or judicial district is authorized to carry a firearm pursuant to this section. (C) The district attorneys general conference shall develop a uniform identification system clearly identifying that a person described in subdivision (d)(4)(A) is qualified under this section to carry a firearm at all times. Persons authorized by this subdivision (d)(4) to carry a firearm under this section shall carry this identification at all times the person is carrying a firearm. (5) For purposes of this section, "law enforcement officer" also means a retired law enforcement officer carrying pursuant to §§ 38-8-116 and 39-17-1315 .
(1) For purposes of this section, "law enforcement officer" means a person who is a full-time employee of the state in a position authorized by the laws of this state to carry a firearm and to make arrests for violations of some or all of the laws of this state, or a full-time police officer who has been certified by the peace officer standards and training commission, or a commissioned reserve deputy sheriff as authorized in writing by the sheriff, or a commissioned reserve or auxiliary police officer as authorized in writing by the chief of police, or a sheriff who has been certified by the peace officer standards and training commission, or a deputy sheriff employed by a county as a court officer or corrections officer as authorized in writing by the sheriff.
(2) For purposes of this section, "law enforcement officer" also means an inmate relations coordinator who is employed by the department of correction and has completed the probationary period established for an inmate relations coordinator, a correctional officer who is employed by the department of correction and has completed the probationary period established for a correctional officer, a person employed by the department of correction as a warden, deputy warden, associate warden, correctional administrator, assistant or deputy commissioner, or commissioner who has successfully completed any probationary period if required for those positions and who has successfully completed firearms training in accordance with department of correction standards, which standards shall include, at a minimum, forty (40) hours initial training and eight (8) hours annual in-service training in firearms qualification administered by an instructor with certification from the Tennessee Correction Academy's firearms instructor program or from a police firearms instructor training program conducted or sanctioned by the federal bureau of investigation or the National Rifle Association.
(3) For purposes of this section, "law enforcement officer" also means a duly elected and sworn constable in a county where constables retain law enforcement powers and duties under § 8-10-108 ; provided, that the constable receives, at a minimum, forty (40) hours initial training, within one (1) year of election, and eight (8) hours annual in-service training in firearms qualification administered by a certified law enforcement firearms instructor.
(4) (A) For purposes of this section, "law enforcement officer" also means a person who has successfully completed firearms training in accordance with POST certification, which shall include, at a minimum, forty (40) hours initial training and eight (8) hours annual in-service training in firearms qualification administered by a POST-certified firearms training program and is: (i) An elected district attorney general; (ii) A full-time assistant district attorney general who has been authorized pursuant to subdivision (d)(4)(B); (iii) The executive director or deputy director of the district attorneys general conference; or (iv) A full-time, pro-tem prosecutor employed by the district attorneys general conference. (B) Each elected district attorney general, at such district attorney general's discretion, is authorized to determine if any assistant district attorney general in the district attorney general's office or judicial district is authorized to carry a firearm pursuant to this section. (C) The district attorneys general conference shall develop a uniform identification system clearly identifying that a person described in subdivision (d)(4)(A) is qualified under this section to carry a firearm at all times. Persons authorized by this subdivision (d)(4) to carry a firearm under this section shall carry this identification at all times the person is carrying a firearm.
(A) For purposes of this section, "law enforcement officer" also means a person who has successfully completed firearms training in accordance with POST certification, which shall include, at a minimum, forty (40) hours initial training and eight (8) hours annual in-service training in firearms qualification administered by a POST-certified firearms training program and is: (i) An elected district attorney general; (ii) A full-time assistant district attorney general who has been authorized pursuant to subdivision (d)(4)(B); (iii) The executive director or deputy director of the district attorneys general conference; or (iv) A full-time, pro-tem prosecutor employed by the district attorneys general conference.
(i) An elected district attorney general;
(ii) A full-time assistant district attorney general who has been authorized pursuant to subdivision (d)(4)(B);
(iii) The executive director or deputy director of the district attorneys general conference; or
(iv) A full-time, pro-tem prosecutor employed by the district attorneys general conference.
(B) Each elected district attorney general, at such district attorney general's discretion, is authorized to determine if any assistant district attorney general in the district attorney general's office or judicial district is authorized to carry a firearm pursuant to this section.
(C) The district attorneys general conference shall develop a uniform identification system clearly identifying that a person described in subdivision (d)(4)(A) is qualified under this section to carry a firearm at all times. Persons authorized by this subdivision (d)(4) to carry a firearm under this section shall carry this identification at all times the person is carrying a firearm.
(5) For purposes of this section, "law enforcement officer" also means a retired law enforcement officer carrying pursuant to §§ 38-8-116 and 39-17-1315 .
(e) In counties having a population of not less than thirty thousand two hundred (30,200) nor more than thirty thousand four hundred seventy-five (30,475) or not less than one hundred eighteen thousand four hundred (118,400) nor more than one hundred eighteen thousand seven hundred (118,700), according to the 1990 federal census or any subsequent federal census, the authority conferred by this section shall only apply to law enforcement officers who are law enforcement officers for those counties or law enforcement officers for municipalities located therein.
(f) (1) The secretary of state shall, in consultation with the commissioner of correction, design and issue to each requesting inmate relations coordinator or correctional officer who is employed by the department of correction and has completed the probationary period established for an inmate relations coordinator or correctional officer, a state identification card certifying that the inmate relations coordinator or correctional officer is authorized to carry a firearm pursuant to this section. (2) Any inmate relations coordinator or correctional officer desiring an identification card shall notify the secretary of state and shall provide the inmate relations coordinator's or correctional officer's full name and residential address. Upon receipt of the request, the secretary of state shall notify the commissioner of correction of the request. The commissioner of correction shall verify to the secretary of state whether the requesting inmate relations coordinator or correctional officer is employed by the department of correction and has completed the appropriate probationary period and shall so certify in a letter to be maintained by the secretary. (3) If the secretary of state receives certification that a requesting inmate relations coordinator or correctional officer is employed by the department and has completed the appropriate probationary period, the secretary shall issue the inmate relations coordinator or correctional officer an identification card so certifying. The card shall be valid for as long as the inmate relations coordinator or correctional officer remains in the employment of the department of correction. (4) An inmate relations coordinator or correctional officer issued a card pursuant to this subsection (f) shall carry the card at all times the inmate relations coordinator or correctional officer is carrying a firearm. The card shall be sufficient proof that the inmate relations coordinator or correctional officer is authorized to carry a firearm pursuant to this section. (5) If an inmate relations coordinator or correctional officer who is employed by the department and has completed the appropriate probationary period resigns, is terminated, or is otherwise no longer employed by the department, the commissioner shall, within ten (10) days, so notify the secretary of state. Upon receiving the notice, the secretary of state shall revoke the identification card and send a letter of revocation to the inmate relations coordinator or correctional officer at the coordinator's or officer's last known address. (6) (A) A person who is no longer an inmate relations coordinator or correctional officer employed by the department of correction but who still has an identification card issued by the secretary of state shall have ten (10) days from receipt of the letter of revocation from the secretary of state to return the card to the secretary. (B) It is a Class C misdemeanor punishable by fine only of fifty dollars ($50.00) for a person to knowingly fail to return an identification card as required by subdivision (f)(6)(A).
(1) The secretary of state shall, in consultation with the commissioner of correction, design and issue to each requesting inmate relations coordinator or correctional officer who is employed by the department of correction and has completed the probationary period established for an inmate relations coordinator or correctional officer, a state identification card certifying that the inmate relations coordinator or correctional officer is authorized to carry a firearm pursuant to this section.
(2) Any inmate relations coordinator or correctional officer desiring an identification card shall notify the secretary of state and shall provide the inmate relations coordinator's or correctional officer's full name and residential address. Upon receipt of the request, the secretary of state shall notify the commissioner of correction of the request. The commissioner of correction shall verify to the secretary of state whether the requesting inmate relations coordinator or correctional officer is employed by the department of correction and has completed the appropriate probationary period and shall so certify in a letter to be maintained by the secretary.
(3) If the secretary of state receives certification that a requesting inmate relations coordinator or correctional officer is employed by the department and has completed the appropriate probationary period, the secretary shall issue the inmate relations coordinator or correctional officer an identification card so certifying. The card shall be valid for as long as the inmate relations coordinator or correctional officer remains in the employment of the department of correction.
(4) An inmate relations coordinator or correctional officer issued a card pursuant to this subsection (f) shall carry the card at all times the inmate relations coordinator or correctional officer is carrying a firearm. The card shall be sufficient proof that the inmate relations coordinator or correctional officer is authorized to carry a firearm pursuant to this section.
(5) If an inmate relations coordinator or correctional officer who is employed by the department and has completed the appropriate probationary period resigns, is terminated, or is otherwise no longer employed by the department, the commissioner shall, within ten (10) days, so notify the secretary of state. Upon receiving the notice, the secretary of state shall revoke the identification card and send a letter of revocation to the inmate relations coordinator or correctional officer at the coordinator's or officer's last known address.
(6) (A) A person who is no longer an inmate relations coordinator or correctional officer employed by the department of correction but who still has an identification card issued by the secretary of state shall have ten (10) days from receipt of the letter of revocation from the secretary of state to return the card to the secretary. (B) It is a Class C misdemeanor punishable by fine only of fifty dollars ($50.00) for a person to knowingly fail to return an identification card as required by subdivision (f)(6)(A).
(A) A person who is no longer an inmate relations coordinator or correctional officer employed by the department of correction but who still has an identification card issued by the secretary of state shall have ten (10) days from receipt of the letter of revocation from the secretary of state to return the card to the secretary.
(B) It is a Class C misdemeanor punishable by fine only of fifty dollars ($50.00) for a person to knowingly fail to return an identification card as required by subdivision (f)(6)(A).
(g) Notwithstanding any law to the contrary, a community corrections officer who holds a valid Tennessee handgun carry permit may carry a handgun at all times and in all places in Tennessee while in the course of employment and engaged in the actual discharge of official duties, except as provided by subsection (c), federal law, or lawful orders of court. This subsection applies to community corrections officers employed in counties having a population, according to the 2010 federal census or any subsequent federal census of: not less than nor more than 6,800 6,900 19,100 19,150 22,600 22,675 32,200 32,300 51,400 51,500 56,800 56,900
not less than nor more than 6,800 6,900 19,100 19,150 22,600 22,675 32,200 32,300 51,400 51,500 56,800 56,900
not less than
nor more than
6,800
6,900
19,100
19,150
22,600
22,675
32,200
32,300
51,400
51,500
56,800
56,900
Amended by 2024 Tenn. Acts, ch. 1065,s 1, eff. 10/1/2023.
Amended by 2020 Tenn. Acts, ch. 599, s 1, eff. 3/20/2020.
Amended by 2019 Tenn. Acts, ch. 92, s 1, eff. 3/28/2019.
Amended by 2018 Tenn. Acts, ch. 828, s 1, eff. 4/27/2018.
Amended by 2017 Tenn. Acts, ch. 447, s 1, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 746, s 1, eff. 4/12/2016.
Amended by 2016 Tenn. Acts, ch. 641, s 1, eff. 3/23/2016.
Acts 2000, ch. 988, § 1; 2001, ch. 175, § 1; 2002, ch. 682, § 1; 2009 , ch. 605, § 1; 2010 , ch. 631, §§ 1, 2; 2010 , ch. 895, § 1; 2012 , ch. 603, § 2; 2012 , ch. 848, § 25.
Tenn. Code Ann. § 39-15-202 — TN Code / Title 39 / Chapter 15 / Section 39-15-202
Consent of pregnant woman required prior to abortion - Information provided by doctor - Waiting period - Penalty for violation - Requirements inapplicable in certain cases
Status: in_force

(a) Except in a medical emergency that prevents compliance with this subsection (a), no abortion shall be performed or induced upon a pregnant woman unless the woman has provided her informed written consent, given freely and without coercion. Such consent shall be treated as confidential. (b) In order to ensure that a consent for an abortion is truly informed consent, except in a medical emergency that prevents compliance with this subsection (b) or any of the requirements of subdivisions (b)(1)-(5), no abortion shall be performed or induced upon a pregnant woman unless she has first been informed orally and in person by the attending physician who is to perform the abortion, or by the referring physician, of the following facts and has signed a consent form acknowledging that she has been informed as follows: (1) That according to the best judgment of her attending physician or referring physician she is pregnant; (2) (A) The probable gestational age of the unborn child at the time the abortion is to be performed, based upon the information provided by her as to the time of her last menstrual period or after a history, physical examination, and appropriate laboratory tests; (B) If an ultrasound is performed as part of the examination prior to performing the abortion, the person who performs the ultrasound shall offer the woman the opportunity to learn the results of the ultrasound. If the woman elects to learn the results of the ultrasound, the person who performs the ultrasound or a qualified healthcare provider in the facility performing the ultrasound shall, in addition to any other information provided, inform the woman of the presence or absence of a fetal heartbeat and document the patient has been informed; (3) That if twenty-four (24) or more weeks have elapsed from the first day of her last menstrual period or twenty-two (22) or more weeks have elapsed from the time of conception, her unborn child may be viable, that is, capable of sustained survival outside of the womb, with or without medical assistance, and that if a viable child is prematurely born alive in the course of an abortion, the physician performing the abortion has a legal obligation to take steps to preserve the life and health of the child; (4) That numerous public and private agencies and services are available to assist her during her pregnancy and after the birth of her child, if she chooses not to have the abortion, whether she wishes to keep her child or place the child for adoption, and that her attending physician or referring physician will provide her with a list of the agencies and the services available if she so requests; and (5) The normal and reasonably foreseeable medical benefits, risks, or both of undergoing an abortion or continuing the pregnancy to term. (c) Except in a medical emergency that prevents compliance with this subsection (c), at the same time the attending physician or referring physician provides the information required by subsection (b), that physician shall inform the pregnant woman of the particular risks associated with her pregnancy and continuing the pregnancy to term, based upon the information known to the physician, as well as the risks of undergoing an abortion, along with a general description of the method of abortion to be used and the medical instructions to be followed subsequent to the abortion. (d) (1) Except in a medical emergency that prevents compliance with this subdivision (d)(1), no abortion shall be performed until a waiting period of forty-eight (48) hours has elapsed after the attending physician or referring physician has provided the information required by subsections (b) and (c), including the day on which the information was provided. After the forty-eight (48) hours have elapsed and prior to the performance of the abortion, the patient shall sign the consent form required by subsection (b). (2) If any court temporarily, preliminarily, or permanently enjoins enforcement of subdivision (d)(1) or declares it unconstitutional, then the waiting period imposed by subdivision (d)(1) shall be twenty-four (24) hours, subject to the same medical emergency exception. If the injunction or declaration is subsequently vacated or reversed, the waiting period shall revert to forty-eight (48) hours. (e) Except in a medical emergency that prevents compliance with subsection (b), the physician performing or inducing the abortion shall provide the pregnant woman with a duplicate copy of the consent form signed by her. (f) (1) For purposes of subsections (a), (b), (c), (d), and (e), a medical emergency is a condition that, on the basis of the physician's good faith medical judgment, so complicates a medical condition of a pregnant woman as to necessitate an immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function. (2) When a medical emergency compels the performance of an abortion, the physician shall inform the woman, prior to the abortion if possible, of the medical reasons supporting the physician's judgment that an abortion is necessary to avert her death or to avert substantial and irreversible impairment of major bodily function. (3) In any case in which a physician has determined that a medical emergency exists that excuses compliance with subsection (a), (b), (c), or (d), the physician shall state in the pregnant woman's medical records the basis for such determination. (g) For purposes of this section, "the physician", "the attending physician", or "the referring physician" means any person who is licensed to practice medicine or osteopathy in this state. (h) (1) An intentional or knowing violation of subsection (a), (b), (c), or (d), or subdivision (f)(2) by a physician is a Class E felony. (2) An intentional, knowing, or reckless violation of subsection (e) or subdivision (f)(3) by a physician is a Class A misdemeanor. (3) In addition to subdivisions (h)(1) and (2), any physician who intentionally, knowingly, or recklessly violates this section is guilty of unprofessional conduct and such physician's license for the practice of medicine and surgery or osteopathy shall be subject to suspension or revocation in accordance with the procedures provided under title 63, chapters 6 and 9. (i) (1) (A) Any private physician's office, ambulatory surgical treatment center, or other facility or clinic in which abortions, other than abortions necessary to prevent the death of the pregnant female, are performed shall conspicuously post a sign in a location defined in subdivision (i)(1)(C) so as to be clearly visible to patients, which reads: Notice: It is against the law for anyone, regardless of the person's relationship to you, to coerce you into having or to force you to have an abortion. By law, we cannot perform an abortion on you unless we have your freely given and voluntary consent. It is against the law to perform an abortion on you against your will. You have the right to contact any local or state law enforcement agency to receive protection from any actual or threatened criminal offense to coerce an abortion. (B) The sign required pursuant to subdivision (i)(1)(A) shall be printed in languages appropriate for the majority of clients of the facility with lettering that is legible and that is Arial font, at least 40-point bold-faced type. (C) A facility in which abortions are performed that is a private physician's office or an ambulatory surgical treatment center shall post the required sign in each patient waiting room and patient consultation room used by patients on whom abortions are performed. A hospital or any other facility in which abortions are performed that is not a private physician's office or ambulatory surgical treatment center shall post the required sign in the admissions or registration department used by patients on whom abortions are performed. (2) (A) An ambulatory surgical treatment center or other licensed facility shall be assessed a civil penalty by the board for licensing health care facilities of two thousand five hundred dollars ($2,500) for each day of violation in which: (i) The sign required in subdivision (i)(1)(A) was not posted during business hours when patients or prospective patients were present; and (ii) An abortion other than an abortion necessary to prevent the death of the pregnant female was performed in the ambulatory surgical treatment center or other licensed facility. (B) A licensed physician shall be assessed a civil penalty by the physician's title 63 medical licensing board of one thousand dollars ($1,000) for each day of violation in which: (i) The sign required in subdivision (i)(1)(A) was not posted during business hours when patients or prospective patients were present at the private physician's office or clinic; and (ii) The physician performed an abortion in the private physician's office. (3) The penalty provided for in subdivision (i)(2) is in addition to any other remedies applicable under other law, and subdivision (i)(2) does not preclude prosecution and conviction under any applicable criminal law. (j) (1) A physician may not perform an abortion unless the physician has admitting privileges at a hospital licensed under title 68 that is located: (A) In the county in which the abortion is performed; or (B) In a county adjacent to the county in which the abortion is performed. (2) The physician who performs an abortion or a healthcare provider licensed pursuant to title 63 under the supervision of the physician shall notify the patient of the location of the hospital at which the physician has privileges and where the patient may receive follow-up care by the physician if complications arise. Amended by 2018 Tenn. Acts, ch. 862,s 3, eff. 1/1/2019. Amended by 2015 Tenn. Acts, ch. 473,s 1, eff. 7/1/2015. Acts 1989, ch. 591, § 1; 1995, ch. 458, § 4; 2010, ch. 790, § 2; 2012, ch. 1008, § 2.
(a) Except in a medical emergency that prevents compliance with this subsection (a), no abortion shall be performed or induced upon a pregnant woman unless the woman has provided her informed written consent, given freely and without coercion. Such consent shall be treated as confidential.
(b) In order to ensure that a consent for an abortion is truly informed consent, except in a medical emergency that prevents compliance with this subsection (b) or any of the requirements of subdivisions (b)(1)-(5), no abortion shall be performed or induced upon a pregnant woman unless she has first been informed orally and in person by the attending physician who is to perform the abortion, or by the referring physician, of the following facts and has signed a consent form acknowledging that she has been informed as follows: (1) That according to the best judgment of her attending physician or referring physician she is pregnant; (2) (A) The probable gestational age of the unborn child at the time the abortion is to be performed, based upon the information provided by her as to the time of her last menstrual period or after a history, physical examination, and appropriate laboratory tests; (B) If an ultrasound is performed as part of the examination prior to performing the abortion, the person who performs the ultrasound shall offer the woman the opportunity to learn the results of the ultrasound. If the woman elects to learn the results of the ultrasound, the person who performs the ultrasound or a qualified healthcare provider in the facility performing the ultrasound shall, in addition to any other information provided, inform the woman of the presence or absence of a fetal heartbeat and document the patient has been informed; (3) That if twenty-four (24) or more weeks have elapsed from the first day of her last menstrual period or twenty-two (22) or more weeks have elapsed from the time of conception, her unborn child may be viable, that is, capable of sustained survival outside of the womb, with or without medical assistance, and that if a viable child is prematurely born alive in the course of an abortion, the physician performing the abortion has a legal obligation to take steps to preserve the life and health of the child; (4) That numerous public and private agencies and services are available to assist her during her pregnancy and after the birth of her child, if she chooses not to have the abortion, whether she wishes to keep her child or place the child for adoption, and that her attending physician or referring physician will provide her with a list of the agencies and the services available if she so requests; and (5) The normal and reasonably foreseeable medical benefits, risks, or both of undergoing an abortion or continuing the pregnancy to term.
(1) That according to the best judgment of her attending physician or referring physician she is pregnant;
(2) (A) The probable gestational age of the unborn child at the time the abortion is to be performed, based upon the information provided by her as to the time of her last menstrual period or after a history, physical examination, and appropriate laboratory tests; (B) If an ultrasound is performed as part of the examination prior to performing the abortion, the person who performs the ultrasound shall offer the woman the opportunity to learn the results of the ultrasound. If the woman elects to learn the results of the ultrasound, the person who performs the ultrasound or a qualified healthcare provider in the facility performing the ultrasound shall, in addition to any other information provided, inform the woman of the presence or absence of a fetal heartbeat and document the patient has been informed;
(A) The probable gestational age of the unborn child at the time the abortion is to be performed, based upon the information provided by her as to the time of her last menstrual period or after a history, physical examination, and appropriate laboratory tests;
(B) If an ultrasound is performed as part of the examination prior to performing the abortion, the person who performs the ultrasound shall offer the woman the opportunity to learn the results of the ultrasound. If the woman elects to learn the results of the ultrasound, the person who performs the ultrasound or a qualified healthcare provider in the facility performing the ultrasound shall, in addition to any other information provided, inform the woman of the presence or absence of a fetal heartbeat and document the patient has been informed;
(3) That if twenty-four (24) or more weeks have elapsed from the first day of her last menstrual period or twenty-two (22) or more weeks have elapsed from the time of conception, her unborn child may be viable, that is, capable of sustained survival outside of the womb, with or without medical assistance, and that if a viable child is prematurely born alive in the course of an abortion, the physician performing the abortion has a legal obligation to take steps to preserve the life and health of the child;
(4) That numerous public and private agencies and services are available to assist her during her pregnancy and after the birth of her child, if she chooses not to have the abortion, whether she wishes to keep her child or place the child for adoption, and that her attending physician or referring physician will provide her with a list of the agencies and the services available if she so requests; and
(5) The normal and reasonably foreseeable medical benefits, risks, or both of undergoing an abortion or continuing the pregnancy to term.
(c) Except in a medical emergency that prevents compliance with this subsection (c), at the same time the attending physician or referring physician provides the information required by subsection (b), that physician shall inform the pregnant woman of the particular risks associated with her pregnancy and continuing the pregnancy to term, based upon the information known to the physician, as well as the risks of undergoing an abortion, along with a general description of the method of abortion to be used and the medical instructions to be followed subsequent to the abortion.
(d) (1) Except in a medical emergency that prevents compliance with this subdivision (d)(1), no abortion shall be performed until a waiting period of forty-eight (48) hours has elapsed after the attending physician or referring physician has provided the information required by subsections (b) and (c), including the day on which the information was provided. After the forty-eight (48) hours have elapsed and prior to the performance of the abortion, the patient shall sign the consent form required by subsection (b). (2) If any court temporarily, preliminarily, or permanently enjoins enforcement of subdivision (d)(1) or declares it unconstitutional, then the waiting period imposed by subdivision (d)(1) shall be twenty-four (24) hours, subject to the same medical emergency exception. If the injunction or declaration is subsequently vacated or reversed, the waiting period shall revert to forty-eight (48) hours.
(1) Except in a medical emergency that prevents compliance with this subdivision (d)(1), no abortion shall be performed until a waiting period of forty-eight (48) hours has elapsed after the attending physician or referring physician has provided the information required by subsections (b) and (c), including the day on which the information was provided. After the forty-eight (48) hours have elapsed and prior to the performance of the abortion, the patient shall sign the consent form required by subsection (b).
(2) If any court temporarily, preliminarily, or permanently enjoins enforcement of subdivision (d)(1) or declares it unconstitutional, then the waiting period imposed by subdivision (d)(1) shall be twenty-four (24) hours, subject to the same medical emergency exception. If the injunction or declaration is subsequently vacated or reversed, the waiting period shall revert to forty-eight (48) hours.
(e) Except in a medical emergency that prevents compliance with subsection (b), the physician performing or inducing the abortion shall provide the pregnant woman with a duplicate copy of the consent form signed by her.
(f) (1) For purposes of subsections (a), (b), (c), (d), and (e), a medical emergency is a condition that, on the basis of the physician's good faith medical judgment, so complicates a medical condition of a pregnant woman as to necessitate an immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function. (2) When a medical emergency compels the performance of an abortion, the physician shall inform the woman, prior to the abortion if possible, of the medical reasons supporting the physician's judgment that an abortion is necessary to avert her death or to avert substantial and irreversible impairment of major bodily function. (3) In any case in which a physician has determined that a medical emergency exists that excuses compliance with subsection (a), (b), (c), or (d), the physician shall state in the pregnant woman's medical records the basis for such determination.
(1) For purposes of subsections (a), (b), (c), (d), and (e), a medical emergency is a condition that, on the basis of the physician's good faith medical judgment, so complicates a medical condition of a pregnant woman as to necessitate an immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function.
(2) When a medical emergency compels the performance of an abortion, the physician shall inform the woman, prior to the abortion if possible, of the medical reasons supporting the physician's judgment that an abortion is necessary to avert her death or to avert substantial and irreversible impairment of major bodily function.
(3) In any case in which a physician has determined that a medical emergency exists that excuses compliance with subsection (a), (b), (c), or (d), the physician shall state in the pregnant woman's medical records the basis for such determination.
(g) For purposes of this section, "the physician", "the attending physician", or "the referring physician" means any person who is licensed to practice medicine or osteopathy in this state.
(h) (1) An intentional or knowing violation of subsection (a), (b), (c), or (d), or subdivision (f)(2) by a physician is a Class E felony. (2) An intentional, knowing, or reckless violation of subsection (e) or subdivision (f)(3) by a physician is a Class A misdemeanor. (3) In addition to subdivisions (h)(1) and (2), any physician who intentionally, knowingly, or recklessly violates this section is guilty of unprofessional conduct and such physician's license for the practice of medicine and surgery or osteopathy shall be subject to suspension or revocation in accordance with the procedures provided under title 63, chapters 6 and 9.
(1) An intentional or knowing violation of subsection (a), (b), (c), or (d), or subdivision (f)(2) by a physician is a Class E felony.
(2) An intentional, knowing, or reckless violation of subsection (e) or subdivision (f)(3) by a physician is a Class A misdemeanor.
(3) In addition to subdivisions (h)(1) and (2), any physician who intentionally, knowingly, or recklessly violates this section is guilty of unprofessional conduct and such physician's license for the practice of medicine and surgery or osteopathy shall be subject to suspension or revocation in accordance with the procedures provided under title 63, chapters 6 and 9.
(i) (1) (A) Any private physician's office, ambulatory surgical treatment center, or other facility or clinic in which abortions, other than abortions necessary to prevent the death of the pregnant female, are performed shall conspicuously post a sign in a location defined in subdivision (i)(1)(C) so as to be clearly visible to patients, which reads: Notice: It is against the law for anyone, regardless of the person's relationship to you, to coerce you into having or to force you to have an abortion. By law, we cannot perform an abortion on you unless we have your freely given and voluntary consent. It is against the law to perform an abortion on you against your will. You have the right to contact any local or state law enforcement agency to receive protection from any actual or threatened criminal offense to coerce an abortion. (B) The sign required pursuant to subdivision (i)(1)(A) shall be printed in languages appropriate for the majority of clients of the facility with lettering that is legible and that is Arial font, at least 40-point bold-faced type. (C) A facility in which abortions are performed that is a private physician's office or an ambulatory surgical treatment center shall post the required sign in each patient waiting room and patient consultation room used by patients on whom abortions are performed. A hospital or any other facility in which abortions are performed that is not a private physician's office or ambulatory surgical treatment center shall post the required sign in the admissions or registration department used by patients on whom abortions are performed. (2) (A) An ambulatory surgical treatment center or other licensed facility shall be assessed a civil penalty by the board for licensing health care facilities of two thousand five hundred dollars ($2,500) for each day of violation in which: (i) The sign required in subdivision (i)(1)(A) was not posted during business hours when patients or prospective patients were present; and (ii) An abortion other than an abortion necessary to prevent the death of the pregnant female was performed in the ambulatory surgical treatment center or other licensed facility. (B) A licensed physician shall be assessed a civil penalty by the physician's title 63 medical licensing board of one thousand dollars ($1,000) for each day of violation in which: (i) The sign required in subdivision (i)(1)(A) was not posted during business hours when patients or prospective patients were present at the private physician's office or clinic; and (ii) The physician performed an abortion in the private physician's office. (3) The penalty provided for in subdivision (i)(2) is in addition to any other remedies applicable under other law, and subdivision (i)(2) does not preclude prosecution and conviction under any applicable criminal law.
(1) (A) Any private physician's office, ambulatory surgical treatment center, or other facility or clinic in which abortions, other than abortions necessary to prevent the death of the pregnant female, are performed shall conspicuously post a sign in a location defined in subdivision (i)(1)(C) so as to be clearly visible to patients, which reads: Notice: It is against the law for anyone, regardless of the person's relationship to you, to coerce you into having or to force you to have an abortion. By law, we cannot perform an abortion on you unless we have your freely given and voluntary consent. It is against the law to perform an abortion on you against your will. You have the right to contact any local or state law enforcement agency to receive protection from any actual or threatened criminal offense to coerce an abortion. (B) The sign required pursuant to subdivision (i)(1)(A) shall be printed in languages appropriate for the majority of clients of the facility with lettering that is legible and that is Arial font, at least 40-point bold-faced type. (C) A facility in which abortions are performed that is a private physician's office or an ambulatory surgical treatment center shall post the required sign in each patient waiting room and patient consultation room used by patients on whom abortions are performed. A hospital or any other facility in which abortions are performed that is not a private physician's office or ambulatory surgical treatment center shall post the required sign in the admissions or registration department used by patients on whom abortions are performed.
(A) Any private physician's office, ambulatory surgical treatment center, or other facility or clinic in which abortions, other than abortions necessary to prevent the death of the pregnant female, are performed shall conspicuously post a sign in a location defined in subdivision (i)(1)(C) so as to be clearly visible to patients, which reads: Notice: It is against the law for anyone, regardless of the person's relationship to you, to coerce you into having or to force you to have an abortion. By law, we cannot perform an abortion on you unless we have your freely given and voluntary consent. It is against the law to perform an abortion on you against your will. You have the right to contact any local or state law enforcement agency to receive protection from any actual or threatened criminal offense to coerce an abortion.
Notice: It is against the law for anyone, regardless of the person's relationship to you, to coerce you into having or to force you to have an abortion. By law, we cannot perform an abortion on you unless we have your freely given and voluntary consent. It is against the law to perform an abortion on you against your will. You have the right to contact any local or state law enforcement agency to receive protection from any actual or threatened criminal offense to coerce an abortion.
(B) The sign required pursuant to subdivision (i)(1)(A) shall be printed in languages appropriate for the majority of clients of the facility with lettering that is legible and that is Arial font, at least 40-point bold-faced type.
(C) A facility in which abortions are performed that is a private physician's office or an ambulatory surgical treatment center shall post the required sign in each patient waiting room and patient consultation room used by patients on whom abortions are performed. A hospital or any other facility in which abortions are performed that is not a private physician's office or ambulatory surgical treatment center shall post the required sign in the admissions or registration department used by patients on whom abortions are performed.
(2) (A) An ambulatory surgical treatment center or other licensed facility shall be assessed a civil penalty by the board for licensing health care facilities of two thousand five hundred dollars ($2,500) for each day of violation in which: (i) The sign required in subdivision (i)(1)(A) was not posted during business hours when patients or prospective patients were present; and (ii) An abortion other than an abortion necessary to prevent the death of the pregnant female was performed in the ambulatory surgical treatment center or other licensed facility. (B) A licensed physician shall be assessed a civil penalty by the physician's title 63 medical licensing board of one thousand dollars ($1,000) for each day of violation in which: (i) The sign required in subdivision (i)(1)(A) was not posted during business hours when patients or prospective patients were present at the private physician's office or clinic; and (ii) The physician performed an abortion in the private physician's office.
(A) An ambulatory surgical treatment center or other licensed facility shall be assessed a civil penalty by the board for licensing health care facilities of two thousand five hundred dollars ($2,500) for each day of violation in which: (i) The sign required in subdivision (i)(1)(A) was not posted during business hours when patients or prospective patients were present; and (ii) An abortion other than an abortion necessary to prevent the death of the pregnant female was performed in the ambulatory surgical treatment center or other licensed facility.
(i) The sign required in subdivision (i)(1)(A) was not posted during business hours when patients or prospective patients were present; and
(ii) An abortion other than an abortion necessary to prevent the death of the pregnant female was performed in the ambulatory surgical treatment center or other licensed facility.
(B) A licensed physician shall be assessed a civil penalty by the physician's title 63 medical licensing board of one thousand dollars ($1,000) for each day of violation in which: (i) The sign required in subdivision (i)(1)(A) was not posted during business hours when patients or prospective patients were present at the private physician's office or clinic; and (ii) The physician performed an abortion in the private physician's office.
(i) The sign required in subdivision (i)(1)(A) was not posted during business hours when patients or prospective patients were present at the private physician's office or clinic; and
(ii) The physician performed an abortion in the private physician's office.
(3) The penalty provided for in subdivision (i)(2) is in addition to any other remedies applicable under other law, and subdivision (i)(2) does not preclude prosecution and conviction under any applicable criminal law.
(j) (1) A physician may not perform an abortion unless the physician has admitting privileges at a hospital licensed under title 68 that is located: (A) In the county in which the abortion is performed; or (B) In a county adjacent to the county in which the abortion is performed. (2) The physician who performs an abortion or a healthcare provider licensed pursuant to title 63 under the supervision of the physician shall notify the patient of the location of the hospital at which the physician has privileges and where the patient may receive follow-up care by the physician if complications arise.
(1) A physician may not perform an abortion unless the physician has admitting privileges at a hospital licensed under title 68 that is located: (A) In the county in which the abortion is performed; or (B) In a county adjacent to the county in which the abortion is performed.
(A) In the county in which the abortion is performed; or
(B) In a county adjacent to the county in which the abortion is performed.
(2) The physician who performs an abortion or a healthcare provider licensed pursuant to title 63 under the supervision of the physician shall notify the patient of the location of the hospital at which the physician has privileges and where the patient may receive follow-up care by the physician if complications arise.
Amended by 2018 Tenn. Acts, ch. 862,s 3, eff. 1/1/2019.
Amended by 2015 Tenn. Acts, ch. 473,s 1, eff. 7/1/2015.
Acts 1989, ch. 591, § 1; 1995, ch. 458, § 4; 2010, ch. 790, § 2; 2012, ch. 1008, § 2.
Tenn. Code Ann. § 39-11-605 — TN Code / Title 39 / Chapter 11 / Section 39-11-605
Civil remedies unaffected
Status: in_force

The fact that conduct is justified under this part does not abolish or impair any remedy for the conduct that is or may be available in a civil suit. Acts 1989, ch. 591, § 1.
The fact that conduct is justified under this part does not abolish or impair any remedy for the conduct that is or may be available in a civil suit.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-13-511 — TN Code / Title 39 / Chapter 13 / Section 39-13-511
Indecent exposure
Status: in_force

(a) (1) A person commits the offense of indecent exposure who: (A) In a public place or on the private premises of another, or so near thereto as to be seen from the private premises: (i) Intentionally: (a) Exposes the person's genitals or buttocks to another; or (b) Engages in sexual contact or sexual penetration as defined in § 39-13-501 ; and (ii) Reasonably expects that the acts will be viewed by another and the acts: (a) Will offend an ordinary viewer; or (b) Are for the purpose of sexual arousal and gratification of the defendant; or (B) (i) Knowingly invites, entices or fraudulently induces the child of another into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the child: (a) Exposure of such person's genitals, buttocks or female breasts; or (b) Masturbation; (ii) Knowingly engages in the person's own residence, in the intended presence of any child, for the defendant's sexual arousal or gratification the following intentional conduct: (a) Exposure of the person's genitals, buttocks or female breasts; or (b) Masturbation; (iii) Knowingly invites, entices, or fraudulently induces a minor into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the minor without the consent of the minor: (a) Exposure of such person's genitals, buttocks, or female breasts; or (b) Masturbation; or (iv) Knowingly engages in the person's own residence, in the intended presence of any minor, without the consent of the minor, for the defendant's sexual arousal or gratification the following intentional conduct: (a) Exposure of the person's genitals, buttocks, or female breasts; or (b) Masturbation. (2) No prosecution shall be commenced for a violation of subdivision (a)(1)(B)(ii)( a ) based solely upon the uncorroborated testimony of a witness who shares with the accused any of the relationships described in § 36-3-601(5) . (3) (A) For subdivision (a)(1)(B)(i) or (a)(1)(B)(ii) to apply, the defendant must be eighteen (18) years of age or older and the child victim must be less than thirteen (13) years of age. (B) For subdivision (a)(1)(B)(iii) or (a)(1)(B)(iv) to apply, the defendant must be eighteen (18) years of age or older and the child victim must be at least thirteen (13) but no more than seventeen (17) years of age. (b) (1) "Indecent exposure," as defined in subsection (a), is a Class B misdemeanor, unless subdivision (b)(2), (b)(3) or (b)(4) applies. (2) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, indecent exposure is a Class A misdemeanor. (3) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, and the defendant has any combination of two (2) or more prior convictions under this section or § 39-13-517 , or is a sexual offender, violent sexual offender or violent juvenile sexual offender, as defined in § 40-39-202 , the offense is a Class E felony. (4) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, and the offense occurs on the property of any public school, private or parochial school, licensed day care center or other child care facility during a time at which a child or children are likely to be present on the property, the offense is a Class E felony. (c) (1) A person confined in a penal institution, as defined in § 39-16-601 , commits the offense of indecent exposure who with the intent to abuse, torment, harass or embarrass a guard or staff member: (A) Intentionally exposes the person's genitals or buttocks to the guard or staff member; or (B) Engages in sexual contact as defined in § 39-13-501 . (2) For purposes of this subsection (c): (A) "Guard" means any sheriff, jailer, guard, correctional officer, or other authorized personnel charged with the custody of the person; and (B) "Staff member" means any other person employed by a penal institution or who performs ongoing services in a penal institution, including, but not limited to, clergy, educators, and medical professionals. (3) (A) Notwithstanding subsection (b), a violation of this subsection (c) is a Class E felony. (B) A sentence imposed for a violation of this subsection (c) must include a mandatory minimum sentence of fourteen (14) days of incarceration to be served consecutive to any other sentence the person is serving at the time of the offense. (C) If a person is convicted of more than one (1) violation of this subsection (c), then the sentence imposed for each violation must be served consecutive to any other sentence imposed. (d) This section does not apply to a mother who is breastfeeding her child in any location, public or private. (e) As used in this section, "public place" means a place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds and hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and a restroom, locker room, dressing room, or shower, designated for multi-person, single-sex use. An act is deemed to occur in a public place if it produces its offensive or proscribed consequences in a public place. Amended by 2024 Tenn. Acts, ch. 1049,s 1, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1023,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1023,s 1, eff. 7/1/2024. Amended by 2019 Tenn. Acts, ch. 251, s 1, eff. 7/1/2019. Acts 1989, ch. 591, § 1; 1990, ch. 980, § 33; 1994, ch. 542, §§ 1-3; 1998, ch. 755, § 1; 1999, ch. 189, § 1; 2006, ch. 617, § 2; 2007 , ch. 209, § 1; 2009 , ch. 414, §§ 1, 2; 2011 , ch. 91, § 2; 2012 , ch. 885, § 1; 2012, ch. 1076, § 1.
(a) (1) A person commits the offense of indecent exposure who: (A) In a public place or on the private premises of another, or so near thereto as to be seen from the private premises: (i) Intentionally: (a) Exposes the person's genitals or buttocks to another; or (b) Engages in sexual contact or sexual penetration as defined in § 39-13-501 ; and (ii) Reasonably expects that the acts will be viewed by another and the acts: (a) Will offend an ordinary viewer; or (b) Are for the purpose of sexual arousal and gratification of the defendant; or (B) (i) Knowingly invites, entices or fraudulently induces the child of another into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the child: (a) Exposure of such person's genitals, buttocks or female breasts; or (b) Masturbation; (ii) Knowingly engages in the person's own residence, in the intended presence of any child, for the defendant's sexual arousal or gratification the following intentional conduct: (a) Exposure of the person's genitals, buttocks or female breasts; or (b) Masturbation; (iii) Knowingly invites, entices, or fraudulently induces a minor into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the minor without the consent of the minor: (a) Exposure of such person's genitals, buttocks, or female breasts; or (b) Masturbation; or (iv) Knowingly engages in the person's own residence, in the intended presence of any minor, without the consent of the minor, for the defendant's sexual arousal or gratification the following intentional conduct: (a) Exposure of the person's genitals, buttocks, or female breasts; or (b) Masturbation. (2) No prosecution shall be commenced for a violation of subdivision (a)(1)(B)(ii)( a ) based solely upon the uncorroborated testimony of a witness who shares with the accused any of the relationships described in § 36-3-601(5) . (3) (A) For subdivision (a)(1)(B)(i) or (a)(1)(B)(ii) to apply, the defendant must be eighteen (18) years of age or older and the child victim must be less than thirteen (13) years of age. (B) For subdivision (a)(1)(B)(iii) or (a)(1)(B)(iv) to apply, the defendant must be eighteen (18) years of age or older and the child victim must be at least thirteen (13) but no more than seventeen (17) years of age.
(1) A person commits the offense of indecent exposure who: (A) In a public place or on the private premises of another, or so near thereto as to be seen from the private premises: (i) Intentionally: (a) Exposes the person's genitals or buttocks to another; or (b) Engages in sexual contact or sexual penetration as defined in § 39-13-501 ; and (ii) Reasonably expects that the acts will be viewed by another and the acts: (a) Will offend an ordinary viewer; or (b) Are for the purpose of sexual arousal and gratification of the defendant; or (B) (i) Knowingly invites, entices or fraudulently induces the child of another into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the child: (a) Exposure of such person's genitals, buttocks or female breasts; or (b) Masturbation; (ii) Knowingly engages in the person's own residence, in the intended presence of any child, for the defendant's sexual arousal or gratification the following intentional conduct: (a) Exposure of the person's genitals, buttocks or female breasts; or (b) Masturbation; (iii) Knowingly invites, entices, or fraudulently induces a minor into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the minor without the consent of the minor: (a) Exposure of such person's genitals, buttocks, or female breasts; or (b) Masturbation; or (iv) Knowingly engages in the person's own residence, in the intended presence of any minor, without the consent of the minor, for the defendant's sexual arousal or gratification the following intentional conduct: (a) Exposure of the person's genitals, buttocks, or female breasts; or (b) Masturbation.
(A) In a public place or on the private premises of another, or so near thereto as to be seen from the private premises: (i) Intentionally: (a) Exposes the person's genitals or buttocks to another; or (b) Engages in sexual contact or sexual penetration as defined in § 39-13-501 ; and (ii) Reasonably expects that the acts will be viewed by another and the acts: (a) Will offend an ordinary viewer; or (b) Are for the purpose of sexual arousal and gratification of the defendant; or
(i) Intentionally: (a) Exposes the person's genitals or buttocks to another; or (b) Engages in sexual contact or sexual penetration as defined in § 39-13-501 ; and
(a) Exposes the person's genitals or buttocks to another; or
(b) Engages in sexual contact or sexual penetration as defined in § 39-13-501 ; and
(ii) Reasonably expects that the acts will be viewed by another and the acts: (a) Will offend an ordinary viewer; or (b) Are for the purpose of sexual arousal and gratification of the defendant; or
(a) Will offend an ordinary viewer; or
(b) Are for the purpose of sexual arousal and gratification of the defendant; or
(B) (i) Knowingly invites, entices or fraudulently induces the child of another into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the child: (a) Exposure of such person's genitals, buttocks or female breasts; or (b) Masturbation; (ii) Knowingly engages in the person's own residence, in the intended presence of any child, for the defendant's sexual arousal or gratification the following intentional conduct: (a) Exposure of the person's genitals, buttocks or female breasts; or (b) Masturbation; (iii) Knowingly invites, entices, or fraudulently induces a minor into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the minor without the consent of the minor: (a) Exposure of such person's genitals, buttocks, or female breasts; or (b) Masturbation; or (iv) Knowingly engages in the person's own residence, in the intended presence of any minor, without the consent of the minor, for the defendant's sexual arousal or gratification the following intentional conduct: (a) Exposure of the person's genitals, buttocks, or female breasts; or (b) Masturbation.
(i) Knowingly invites, entices or fraudulently induces the child of another into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the child: (a) Exposure of such person's genitals, buttocks or female breasts; or (b) Masturbation;
(a) Exposure of such person's genitals, buttocks or female breasts; or
(b) Masturbation;
(ii) Knowingly engages in the person's own residence, in the intended presence of any child, for the defendant's sexual arousal or gratification the following intentional conduct: (a) Exposure of the person's genitals, buttocks or female breasts; or (b) Masturbation;
(a) Exposure of the person's genitals, buttocks or female breasts; or
(b) Masturbation;
(iii) Knowingly invites, entices, or fraudulently induces a minor into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the minor without the consent of the minor: (a) Exposure of such person's genitals, buttocks, or female breasts; or (b) Masturbation; or
(a) Exposure of such person's genitals, buttocks, or female breasts; or
(b) Masturbation; or
(iv) Knowingly engages in the person's own residence, in the intended presence of any minor, without the consent of the minor, for the defendant's sexual arousal or gratification the following intentional conduct: (a) Exposure of the person's genitals, buttocks, or female breasts; or (b) Masturbation.
(a) Exposure of the person's genitals, buttocks, or female breasts; or
(b) Masturbation.
(2) No prosecution shall be commenced for a violation of subdivision (a)(1)(B)(ii)( a ) based solely upon the uncorroborated testimony of a witness who shares with the accused any of the relationships described in § 36-3-601(5) .
(3) (A) For subdivision (a)(1)(B)(i) or (a)(1)(B)(ii) to apply, the defendant must be eighteen (18) years of age or older and the child victim must be less than thirteen (13) years of age. (B) For subdivision (a)(1)(B)(iii) or (a)(1)(B)(iv) to apply, the defendant must be eighteen (18) years of age or older and the child victim must be at least thirteen (13) but no more than seventeen (17) years of age.
(A) For subdivision (a)(1)(B)(i) or (a)(1)(B)(ii) to apply, the defendant must be eighteen (18) years of age or older and the child victim must be less than thirteen (13) years of age.
(B) For subdivision (a)(1)(B)(iii) or (a)(1)(B)(iv) to apply, the defendant must be eighteen (18) years of age or older and the child victim must be at least thirteen (13) but no more than seventeen (17) years of age.
(b) (1) "Indecent exposure," as defined in subsection (a), is a Class B misdemeanor, unless subdivision (b)(2), (b)(3) or (b)(4) applies. (2) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, indecent exposure is a Class A misdemeanor. (3) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, and the defendant has any combination of two (2) or more prior convictions under this section or § 39-13-517 , or is a sexual offender, violent sexual offender or violent juvenile sexual offender, as defined in § 40-39-202 , the offense is a Class E felony. (4) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, and the offense occurs on the property of any public school, private or parochial school, licensed day care center or other child care facility during a time at which a child or children are likely to be present on the property, the offense is a Class E felony.
(1) "Indecent exposure," as defined in subsection (a), is a Class B misdemeanor, unless subdivision (b)(2), (b)(3) or (b)(4) applies.
(2) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, indecent exposure is a Class A misdemeanor.
(3) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, and the defendant has any combination of two (2) or more prior convictions under this section or § 39-13-517 , or is a sexual offender, violent sexual offender or violent juvenile sexual offender, as defined in § 40-39-202 , the offense is a Class E felony.
(4) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, and the offense occurs on the property of any public school, private or parochial school, licensed day care center or other child care facility during a time at which a child or children are likely to be present on the property, the offense is a Class E felony.
(c) (1) A person confined in a penal institution, as defined in § 39-16-601 , commits the offense of indecent exposure who with the intent to abuse, torment, harass or embarrass a guard or staff member: (A) Intentionally exposes the person's genitals or buttocks to the guard or staff member; or (B) Engages in sexual contact as defined in § 39-13-501 . (2) For purposes of this subsection (c): (A) "Guard" means any sheriff, jailer, guard, correctional officer, or other authorized personnel charged with the custody of the person; and (B) "Staff member" means any other person employed by a penal institution or who performs ongoing services in a penal institution, including, but not limited to, clergy, educators, and medical professionals. (3) (A) Notwithstanding subsection (b), a violation of this subsection (c) is a Class E felony. (B) A sentence imposed for a violation of this subsection (c) must include a mandatory minimum sentence of fourteen (14) days of incarceration to be served consecutive to any other sentence the person is serving at the time of the offense. (C) If a person is convicted of more than one (1) violation of this subsection (c), then the sentence imposed for each violation must be served consecutive to any other sentence imposed.
(1) A person confined in a penal institution, as defined in § 39-16-601 , commits the offense of indecent exposure who with the intent to abuse, torment, harass or embarrass a guard or staff member: (A) Intentionally exposes the person's genitals or buttocks to the guard or staff member; or (B) Engages in sexual contact as defined in § 39-13-501 .
(A) Intentionally exposes the person's genitals or buttocks to the guard or staff member; or
(B) Engages in sexual contact as defined in § 39-13-501 .
(2) For purposes of this subsection (c): (A) "Guard" means any sheriff, jailer, guard, correctional officer, or other authorized personnel charged with the custody of the person; and (B) "Staff member" means any other person employed by a penal institution or who performs ongoing services in a penal institution, including, but not limited to, clergy, educators, and medical professionals.
(A) "Guard" means any sheriff, jailer, guard, correctional officer, or other authorized personnel charged with the custody of the person; and
(B) "Staff member" means any other person employed by a penal institution or who performs ongoing services in a penal institution, including, but not limited to, clergy, educators, and medical professionals.
(3) (A) Notwithstanding subsection (b), a violation of this subsection (c) is a Class E felony. (B) A sentence imposed for a violation of this subsection (c) must include a mandatory minimum sentence of fourteen (14) days of incarceration to be served consecutive to any other sentence the person is serving at the time of the offense. (C) If a person is convicted of more than one (1) violation of this subsection (c), then the sentence imposed for each violation must be served consecutive to any other sentence imposed.
(A) Notwithstanding subsection (b), a violation of this subsection (c) is a Class E felony.
(B) A sentence imposed for a violation of this subsection (c) must include a mandatory minimum sentence of fourteen (14) days of incarceration to be served consecutive to any other sentence the person is serving at the time of the offense.
(C) If a person is convicted of more than one (1) violation of this subsection (c), then the sentence imposed for each violation must be served consecutive to any other sentence imposed.
(d) This section does not apply to a mother who is breastfeeding her child in any location, public or private.
(e) As used in this section, "public place" means a place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds and hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and a restroom, locker room, dressing room, or shower, designated for multi-person, single-sex use. An act is deemed to occur in a public place if it produces its offensive or proscribed consequences in a public place.
Amended by 2024 Tenn. Acts, ch. 1049,s 1, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1023,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 1023,s 1, eff. 7/1/2024.
Amended by 2019 Tenn. Acts, ch. 251, s 1, eff. 7/1/2019.
Acts 1989, ch. 591, § 1; 1990, ch. 980, § 33; 1994, ch. 542, §§ 1-3; 1998, ch. 755, § 1; 1999, ch. 189, § 1; 2006, ch. 617, § 2; 2007 , ch. 209, § 1; 2009 , ch. 414, §§ 1, 2; 2011 , ch. 91, § 2; 2012 , ch. 885, § 1; 2012, ch. 1076, § 1.
Tenn. Code Ann. § 39-17-609 — TN Code / Title 39 / Chapter 17 / Section 39-17-609
Federal exemption
Status: in_force

All terminals, tickets, shares, and other devices imported, transported, or distributed under the authority of the Tennessee Education Lottery Corporation are exempt from the provisions of 15 U.S.C. § 1172 . Acts 2003, ch. 297, § 8.
All terminals, tickets, shares, and other devices imported, transported, or distributed under the authority of the Tennessee Education Lottery Corporation are exempt from the provisions of 15 U.S.C. § 1172 .
Acts 2003, ch. 297, § 8.