Tenn. Code Ann. § 39-14-411 — TN Code / Title 39 / Chapter 14 / Section 39-14-411
Critical infrastructure vandalism
Status: in_force

(a) A person commits the offense of critical infrastructure vandalism who knowingly: (1) Interrupts or interferes with critical infrastructure or its operation; (2) Destroys or injures critical infrastructure; (3) Uses, alters, encrypts, ransoms, destroys, or otherwise renders unavailable, without authorization, the electronic data, electronic devices, or networks of a provider of critical infrastructure or of a farm; or (4) Destroys or injures a farm. (b) As used in this section: (1) "Critical infrastructure" includes, but is not limited to, the infrastructure of the following services to the general public: (A) Telephone, telegraph, television, internet, or other telecommunication services; (B) Electric, heat, natural gas, or other power or energy services; (C) The distribution of crude or refined liquid petroleum products or natural gas, and the pipelines, pumping stations, terminals, and equipment necessary for operation of the facility; (D) Water, wastewater, or sewer services; and (E) Railroads and other transportation services; and (2) "Farm" has the same meaning as defined in § 43-26-102 and includes the real property, vehicles, equipment, machinery, animals, or crops contained on a farm. (c) The critical infrastructure of a utility or company is included in this section whether the critical infrastructure is in operation, idle, or under construction. (d) (1) A violation of subdivision (a)(1)-(a)(3) shall be punished as theft under § 39-14-103 , and graded in accordance with § 39-14-105 . However, if: (A) The actual damages caused by the violation are in an amount less than one thousand dollars ($1,000), then the punishment for a violation of subdivision (a)(1)-(a)(3) must be no less than a Class E felony; and (B) The actual damages caused by the violation are in an amount of at least one thousand dollars ($1,000), then the punishment for a violation of subdivision (a)(1)-(a)(3) must be no less than a Class C felony. (2) A violation of subdivision (a)(4) shall be punished as theft under § 39-14-103 , and graded in accordance with § 39-14-105 . However, in no event shall punishment for a violation of subdivision (a)(4) be less than a Class E felony. Amended by 2024 Tenn. Acts, ch. 627,s 3, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 627,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 627,s 1, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 302, s 2, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 302, s 1, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 418, s 1, eff. 7/1/2021. Amended by 2019 Tenn. Acts, ch. 370, s 1, eff. 7/1/2019. Acts 1990, ch. 844, § 1; 1992, ch. 832, § 1.
(a) A person commits the offense of critical infrastructure vandalism who knowingly: (1) Interrupts or interferes with critical infrastructure or its operation; (2) Destroys or injures critical infrastructure; (3) Uses, alters, encrypts, ransoms, destroys, or otherwise renders unavailable, without authorization, the electronic data, electronic devices, or networks of a provider of critical infrastructure or of a farm; or (4) Destroys or injures a farm.
(1) Interrupts or interferes with critical infrastructure or its operation;
(2) Destroys or injures critical infrastructure;
(3) Uses, alters, encrypts, ransoms, destroys, or otherwise renders unavailable, without authorization, the electronic data, electronic devices, or networks of a provider of critical infrastructure or of a farm; or
(4) Destroys or injures a farm.
(b) As used in this section: (1) "Critical infrastructure" includes, but is not limited to, the infrastructure of the following services to the general public: (A) Telephone, telegraph, television, internet, or other telecommunication services; (B) Electric, heat, natural gas, or other power or energy services; (C) The distribution of crude or refined liquid petroleum products or natural gas, and the pipelines, pumping stations, terminals, and equipment necessary for operation of the facility; (D) Water, wastewater, or sewer services; and (E) Railroads and other transportation services; and (2) "Farm" has the same meaning as defined in § 43-26-102 and includes the real property, vehicles, equipment, machinery, animals, or crops contained on a farm.
(1) "Critical infrastructure" includes, but is not limited to, the infrastructure of the following services to the general public: (A) Telephone, telegraph, television, internet, or other telecommunication services; (B) Electric, heat, natural gas, or other power or energy services; (C) The distribution of crude or refined liquid petroleum products or natural gas, and the pipelines, pumping stations, terminals, and equipment necessary for operation of the facility; (D) Water, wastewater, or sewer services; and (E) Railroads and other transportation services; and
(A) Telephone, telegraph, television, internet, or other telecommunication services;
(B) Electric, heat, natural gas, or other power or energy services;
(C) The distribution of crude or refined liquid petroleum products or natural gas, and the pipelines, pumping stations, terminals, and equipment necessary for operation of the facility;
(D) Water, wastewater, or sewer services; and
(E) Railroads and other transportation services; and
(2) "Farm" has the same meaning as defined in § 43-26-102 and includes the real property, vehicles, equipment, machinery, animals, or crops contained on a farm.
(c) The critical infrastructure of a utility or company is included in this section whether the critical infrastructure is in operation, idle, or under construction.
(d) (1) A violation of subdivision (a)(1)-(a)(3) shall be punished as theft under § 39-14-103 , and graded in accordance with § 39-14-105 . However, if: (A) The actual damages caused by the violation are in an amount less than one thousand dollars ($1,000), then the punishment for a violation of subdivision (a)(1)-(a)(3) must be no less than a Class E felony; and (B) The actual damages caused by the violation are in an amount of at least one thousand dollars ($1,000), then the punishment for a violation of subdivision (a)(1)-(a)(3) must be no less than a Class C felony. (2) A violation of subdivision (a)(4) shall be punished as theft under § 39-14-103 , and graded in accordance with § 39-14-105 . However, in no event shall punishment for a violation of subdivision (a)(4) be less than a Class E felony.
(1) A violation of subdivision (a)(1)-(a)(3) shall be punished as theft under § 39-14-103 , and graded in accordance with § 39-14-105 . However, if: (A) The actual damages caused by the violation are in an amount less than one thousand dollars ($1,000), then the punishment for a violation of subdivision (a)(1)-(a)(3) must be no less than a Class E felony; and (B) The actual damages caused by the violation are in an amount of at least one thousand dollars ($1,000), then the punishment for a violation of subdivision (a)(1)-(a)(3) must be no less than a Class C felony.
(A) The actual damages caused by the violation are in an amount less than one thousand dollars ($1,000), then the punishment for a violation of subdivision (a)(1)-(a)(3) must be no less than a Class E felony; and
(B) The actual damages caused by the violation are in an amount of at least one thousand dollars ($1,000), then the punishment for a violation of subdivision (a)(1)-(a)(3) must be no less than a Class C felony.
(2) A violation of subdivision (a)(4) shall be punished as theft under § 39-14-103 , and graded in accordance with § 39-14-105 . However, in no event shall punishment for a violation of subdivision (a)(4) be less than a Class E felony.
Amended by 2024 Tenn. Acts, ch. 627,s 3, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 627,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 627,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 302, s 2, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 302, s 1, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 418, s 1, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 370, s 1, eff. 7/1/2019.
Acts 1990, ch. 844, § 1; 1992, ch. 832, § 1.
Tenn. Code Ann. § 39-17-1804 — TN Code / Title 39 / Chapter 17 / Section 39-17-1804
Exempted areas
Status: in_force

Notwithstanding any other provision of this part to the contrary, the following areas shall be exempt from § 39-17-1803 : (1) Age-restricted venues; provided, that an age-restricted venue does not lose the exemption if an employee is: (A) At least sixteen (16) years of age; (B) Not employed at an adult-oriented establishment, as defined in § 7- 51-1102; and (C) A child of the owner of the age-restricted venue; (2) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, that no more than twenty-five percent (25%) of rooms rented to guests in a hotel or motel may be so designated. All smoking rooms on the same floor shall be contiguous and smoke from these rooms shall not infiltrate into areas where smoking is prohibited pursuant to this part; (3) All premises of any manufacturer, importer, or wholesaler of tobacco or vapor products, all premises of any tobacco leaf dealer or processor, and all tobacco storage facilities; (4) (A) Nonenclosed areas of public places, including: (i) Open air patios, porches or decks; (ii) Any area enclosed by garage type doors on one (1) or more sides when all those doors are completely open; and (iii) Any area enclosed by tents or awnings with removable sides or vents when all those sides or vents are completely removed or open; (B) Smoke from those nonenclosed areas shall not infiltrate into areas where smoking is prohibited pursuant to this part; (5) Nursing homes and long-term care facilities licensed pursuant to title 68, chapter 11; provided, that this exemption shall only apply to residents of those facilities and that resident smoking practices shall be governed by the policies and procedures established by those facilities. Smoke from such areas shall not infiltrate into areas where smoking is prohibited pursuant to this part; (6) Private businesses with three (3) or fewer employees where, in the discretion of the business owner, smoking may be allowed in an enclosed room not accessible to the general public. Smoke from that room shall not infiltrate into areas where smoking is prohibited pursuant to this part; (7) Private clubs; provided, that this exemption shall not apply to any entity that is established solely for the purpose of avoiding compliance with this part; (8) Private homes, private residences and private motor vehicles, unless those homes, residences and motor vehicles are being used for child care or day care or unless the private vehicle is being used for the public transportation of children or as part of health care or day care transportation; (9) Retail tobacco stores, cigar bars, and retail vapor product stores that prohibit persons under twenty-one (21) years of age on their premises; and (10) Commercial vehicles when the vehicle is occupied solely by the operator. Amended by 2022 Tenn. Acts, ch. 1110, s 5, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 551, s 3, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 551, s 4, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 415, s 1, eff. 7/1/2021. Amended by 2020 Tenn. Acts, ch. 732, s 22, eff. 1/1/2021. Acts 2007 , ch. 410, § 1.
Notwithstanding any other provision of this part to the contrary, the following areas shall be exempt from § 39-17-1803 :
(1) Age-restricted venues; provided, that an age-restricted venue does not lose the exemption if an employee is: (A) At least sixteen (16) years of age; (B) Not employed at an adult-oriented establishment, as defined in § 7- 51-1102; and (C) A child of the owner of the age-restricted venue;
(A) At least sixteen (16) years of age;
(B) Not employed at an adult-oriented establishment, as defined in § 7- 51-1102; and
(C) A child of the owner of the age-restricted venue;
(2) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, that no more than twenty-five percent (25%) of rooms rented to guests in a hotel or motel may be so designated. All smoking rooms on the same floor shall be contiguous and smoke from these rooms shall not infiltrate into areas where smoking is prohibited pursuant to this part;
(3) All premises of any manufacturer, importer, or wholesaler of tobacco or vapor products, all premises of any tobacco leaf dealer or processor, and all tobacco storage facilities;
(4) (A) Nonenclosed areas of public places, including: (i) Open air patios, porches or decks; (ii) Any area enclosed by garage type doors on one (1) or more sides when all those doors are completely open; and (iii) Any area enclosed by tents or awnings with removable sides or vents when all those sides or vents are completely removed or open; (B) Smoke from those nonenclosed areas shall not infiltrate into areas where smoking is prohibited pursuant to this part;
(A) Nonenclosed areas of public places, including: (i) Open air patios, porches or decks; (ii) Any area enclosed by garage type doors on one (1) or more sides when all those doors are completely open; and (iii) Any area enclosed by tents or awnings with removable sides or vents when all those sides or vents are completely removed or open;
(i) Open air patios, porches or decks;
(ii) Any area enclosed by garage type doors on one (1) or more sides when all those doors are completely open; and
(iii) Any area enclosed by tents or awnings with removable sides or vents when all those sides or vents are completely removed or open;
(B) Smoke from those nonenclosed areas shall not infiltrate into areas where smoking is prohibited pursuant to this part;
(5) Nursing homes and long-term care facilities licensed pursuant to title 68, chapter 11; provided, that this exemption shall only apply to residents of those facilities and that resident smoking practices shall be governed by the policies and procedures established by those facilities. Smoke from such areas shall not infiltrate into areas where smoking is prohibited pursuant to this part;
(6) Private businesses with three (3) or fewer employees where, in the discretion of the business owner, smoking may be allowed in an enclosed room not accessible to the general public. Smoke from that room shall not infiltrate into areas where smoking is prohibited pursuant to this part;
(7) Private clubs; provided, that this exemption shall not apply to any entity that is established solely for the purpose of avoiding compliance with this part;
(8) Private homes, private residences and private motor vehicles, unless those homes, residences and motor vehicles are being used for child care or day care or unless the private vehicle is being used for the public transportation of children or as part of health care or day care transportation;
(9) Retail tobacco stores, cigar bars, and retail vapor product stores that prohibit persons under twenty-one (21) years of age on their premises; and
(10) Commercial vehicles when the vehicle is occupied solely by the operator.
Amended by 2022 Tenn. Acts, ch. 1110, s 5, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 551, s 3, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 551, s 4, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 415, s 1, eff. 7/1/2021.
Amended by 2020 Tenn. Acts, ch. 732, s 22, eff. 1/1/2021.
Acts 2007 , ch. 410, § 1.
Tenn. Code Ann. § 39-17-705 — TN Code / Title 39 / Chapter 17 / Section 39-17-705
Exceptions
Status: in_force

Nothing in § 39-17-703 shall make it unlawful for: (1) Any priest or minister of any religious denomination or sect to receive and possess wines for sacramental purposes, or for any common or other carrier to ship or transport wine for sacramental purposes to any priest or minister of any religious denomination or sect; (2) Druggists to receive and possess alcohol and other intoxicating liquors and preparations as may be sold by druggists for the special purposes and in the manner as provided by law, for manufacturers of medicines that conform to the provisions of the law applicable to pure food and pure drugs, or for bona fide hospitals, and for manufacturers of perfumery and toilet articles and manufacturers of flavoring extracts, to receive and possess alcohol for use of bona fide patients of the hospitals, or in the manufacturing of medicines or flavoring extracts, or perfumery or toilet articles, or for any common or other carrier to ship or transport liquor, or alcohol for such purposes to druggists or hospitals, or manufacturers of medicines, or flavoring extracts or perfumery or toilet articles; (3) Any person engaged in the manufacture of thermostatic devices or temperature regulators to import alcohol into this state for use in the manufacture and charging of the devices and regulators; (4) Bona fide educational institutions to receive and possess alcohol for scientific and therapeutic purposes, or for any common or other carrier to ship or transport alcohol for those purposes to bona fide educational institutions; or (5) Any person to transport intoxicating liquor not in excess of the quantity permitted by 19 U.S.C. § 1202 , notwithstanding that the liquor may be transported without the proper revenue affixed thereto, if the liquor was purchased outside the United States and brought into the state through an airport designated as a point of origin and destination for international passengers and cargo. Acts 1989, ch. 591, § 1.
Nothing in § 39-17-703 shall make it unlawful for:
(1) Any priest or minister of any religious denomination or sect to receive and possess wines for sacramental purposes, or for any common or other carrier to ship or transport wine for sacramental purposes to any priest or minister of any religious denomination or sect;
(2) Druggists to receive and possess alcohol and other intoxicating liquors and preparations as may be sold by druggists for the special purposes and in the manner as provided by law, for manufacturers of medicines that conform to the provisions of the law applicable to pure food and pure drugs, or for bona fide hospitals, and for manufacturers of perfumery and toilet articles and manufacturers of flavoring extracts, to receive and possess alcohol for use of bona fide patients of the hospitals, or in the manufacturing of medicines or flavoring extracts, or perfumery or toilet articles, or for any common or other carrier to ship or transport liquor, or alcohol for such purposes to druggists or hospitals, or manufacturers of medicines, or flavoring extracts or perfumery or toilet articles;
(3) Any person engaged in the manufacture of thermostatic devices or temperature regulators to import alcohol into this state for use in the manufacture and charging of the devices and regulators;
(4) Bona fide educational institutions to receive and possess alcohol for scientific and therapeutic purposes, or for any common or other carrier to ship or transport alcohol for those purposes to bona fide educational institutions; or
(5) Any person to transport intoxicating liquor not in excess of the quantity permitted by 19 U.S.C. § 1202 , notwithstanding that the liquor may be transported without the proper revenue affixed thereto, if the liquor was purchased outside the United States and brought into the state through an airport designated as a point of origin and destination for international passengers and cargo.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-13-808 — TN Code / Title 39 / Chapter 13 / Section 39-13-808
Distribution or delivery of any substance as an act of terrorism or as a hoax
Status: in_force

(a) It is an offense for any person to distribute or to deliver, as an act of terrorism or as a hoax, any substance that is intended to, or that such person has reason to believe may, create a fear or apprehension on the part of any other person that such substance may be a biological warfare agent, a chemical warfare agent, or a nuclear or radiological agent, without regard to whether such substance is in fact a biological warfare agent, chemical warfare agent, or a nuclear or radiological agent. (b) (1) A violation of subsection (a) as an act of terrorism is a Class A felony. (2) A violation of subsection (a) as a hoax is a Class C felony. (c) In addition to the penalties otherwise provided by law, any person convicted of a violation of subsection (a), either as an act of terrorism or as a hoax, shall make restitution of the costs incurred by any public or private entity or person resulting from such offense. Acts 2002, ch. 849, § 1.
(a) It is an offense for any person to distribute or to deliver, as an act of terrorism or as a hoax, any substance that is intended to, or that such person has reason to believe may, create a fear or apprehension on the part of any other person that such substance may be a biological warfare agent, a chemical warfare agent, or a nuclear or radiological agent, without regard to whether such substance is in fact a biological warfare agent, chemical warfare agent, or a nuclear or radiological agent.
(b) (1) A violation of subsection (a) as an act of terrorism is a Class A felony. (2) A violation of subsection (a) as a hoax is a Class C felony.
(1) A violation of subsection (a) as an act of terrorism is a Class A felony.
(2) A violation of subsection (a) as a hoax is a Class C felony.
(c) In addition to the penalties otherwise provided by law, any person convicted of a violation of subsection (a), either as an act of terrorism or as a hoax, shall make restitution of the costs incurred by any public or private entity or person resulting from such offense.
Acts 2002, ch. 849, § 1.
Tenn. Code Ann. § 39-14-132 — TN Code / Title 39 / Chapter 14 / Section 39-14-132
Misrepresentation of mileage on used motor vehicle odometer
Status: in_force

(a) No person or agent of any person shall misrepresent the mileage on a used motor vehicle which is offered for sale, trade-in or exchange by changing the mileage registering instrument of a used motor vehicle so as to show a lesser mileage reading than that recorded by the instrument; provided, that this shall not be construed to prevent the service, repair or replacement of the mileage registering instrument, which, by reason of normal use, wear or through damage, requires service, repair or replacement. (b) (1) A person may service, repair, or replace an odometer of a motor vehicle if the mileage registered by the odometer remains the same as before the service, repair or replacement. If the mileage cannot remain the same after every reasonable attempt to set the odometer to the mileage registered prior to the service, repair or replacement: (A) The person shall adjust the odometer to read zero (0); and (B) The owner of the vehicle or agent of the owner shall affix to the left door frame of the vehicle a secure, permanent plate or sticker conforming with federal standards which contains the mileage before the service, repair or replacement and the date of the service, repair or replacement. (2) A person may not, with intent to defraud, remove or alter a notice attached to a motor vehicle as required by this section. (c) A violation of this section is a Class A misdemeanor. Acts 1989, ch. 591, § 1; 1997, ch. 234, § 1; 1998, ch. 714, § 1.
(a) No person or agent of any person shall misrepresent the mileage on a used motor vehicle which is offered for sale, trade-in or exchange by changing the mileage registering instrument of a used motor vehicle so as to show a lesser mileage reading than that recorded by the instrument; provided, that this shall not be construed to prevent the service, repair or replacement of the mileage registering instrument, which, by reason of normal use, wear or through damage, requires service, repair or replacement.
(b) (1) A person may service, repair, or replace an odometer of a motor vehicle if the mileage registered by the odometer remains the same as before the service, repair or replacement. If the mileage cannot remain the same after every reasonable attempt to set the odometer to the mileage registered prior to the service, repair or replacement: (A) The person shall adjust the odometer to read zero (0); and (B) The owner of the vehicle or agent of the owner shall affix to the left door frame of the vehicle a secure, permanent plate or sticker conforming with federal standards which contains the mileage before the service, repair or replacement and the date of the service, repair or replacement. (2) A person may not, with intent to defraud, remove or alter a notice attached to a motor vehicle as required by this section.
(1) A person may service, repair, or replace an odometer of a motor vehicle if the mileage registered by the odometer remains the same as before the service, repair or replacement. If the mileage cannot remain the same after every reasonable attempt to set the odometer to the mileage registered prior to the service, repair or replacement: (A) The person shall adjust the odometer to read zero (0); and (B) The owner of the vehicle or agent of the owner shall affix to the left door frame of the vehicle a secure, permanent plate or sticker conforming with federal standards which contains the mileage before the service, repair or replacement and the date of the service, repair or replacement.
(A) The person shall adjust the odometer to read zero (0); and
(B) The owner of the vehicle or agent of the owner shall affix to the left door frame of the vehicle a secure, permanent plate or sticker conforming with federal standards which contains the mileage before the service, repair or replacement and the date of the service, repair or replacement.
(2) A person may not, with intent to defraud, remove or alter a notice attached to a motor vehicle as required by this section.
(c) A violation of this section is a Class A misdemeanor.
Acts 1989, ch. 591, § 1; 1997, ch. 234, § 1; 1998, ch. 714, § 1.
Tenn. Code Ann. § 39-13-103 — TN Code / Title 39 / Chapter 13 / Section 39-13-103
Reckless endangerment
Status: in_force

(a) A person commits an offense who recklessly engages in conduct that places or may place another person in imminent danger of death or serious bodily injury. (b) (1) Reckless endangerment is a Class A misdemeanor. (2) Reckless endangerment committed with a deadly weapon is a Class E felony. (3) Reckless endangerment by discharging a firearm or antique firearm into a habitation, as defined under § 39-14-401 , is a Class C felony, unless the habitation was unoccupied at the time of the offense, in which event it is a Class D felony. (4) Reckless endangerment by discharging a firearm from within a motor vehicle, as defined by § 55-1-103 , is a Class C felony. (5) In addition to the penalty authorized by this subsection (b), the court shall assess a fine of fifty dollars ($50.00) to be collected as provided in § 55-10-412(b) and distributed as provided in § 55-10-412(c) . Amended by 2021 Tenn. Acts, ch. 505, s 1, eff. 7/1/2021. Amended by 2019 Tenn. Acts, ch. 279, s 3, eff. 5/2/2019. Amended by 2013 Tenn. Acts, ch. 154, Secs.s 53, s 54 eff. 7/1/2013. Acts 1989, ch. 591, § 1; 2011 , ch. 409, § 1; 2012, ch. 1048, § 2.
(a) A person commits an offense who recklessly engages in conduct that places or may place another person in imminent danger of death or serious bodily injury.
(b) (1) Reckless endangerment is a Class A misdemeanor. (2) Reckless endangerment committed with a deadly weapon is a Class E felony. (3) Reckless endangerment by discharging a firearm or antique firearm into a habitation, as defined under § 39-14-401 , is a Class C felony, unless the habitation was unoccupied at the time of the offense, in which event it is a Class D felony. (4) Reckless endangerment by discharging a firearm from within a motor vehicle, as defined by § 55-1-103 , is a Class C felony. (5) In addition to the penalty authorized by this subsection (b), the court shall assess a fine of fifty dollars ($50.00) to be collected as provided in § 55-10-412(b) and distributed as provided in § 55-10-412(c) .
(1) Reckless endangerment is a Class A misdemeanor.
(2) Reckless endangerment committed with a deadly weapon is a Class E felony.
(3) Reckless endangerment by discharging a firearm or antique firearm into a habitation, as defined under § 39-14-401 , is a Class C felony, unless the habitation was unoccupied at the time of the offense, in which event it is a Class D felony.
(4) Reckless endangerment by discharging a firearm from within a motor vehicle, as defined by § 55-1-103 , is a Class C felony.
(5) In addition to the penalty authorized by this subsection (b), the court shall assess a fine of fifty dollars ($50.00) to be collected as provided in § 55-10-412(b) and distributed as provided in § 55-10-412(c) .
Amended by 2021 Tenn. Acts, ch. 505, s 1, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 279, s 3, eff. 5/2/2019.
Amended by 2013 Tenn. Acts, ch. 154, Secs.s 53, s 54 eff. 7/1/2013.
Acts 1989, ch. 591, § 1; 2011 , ch. 409, § 1; 2012, ch. 1048, § 2.
Tenn. Code Ann. § 39-13-603 — TN Code / Title 39 / Chapter 13 / Section 39-13-603
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 1045,s 3, eff. 5/28/2024. Acts 1994, ch. 964, § 11.
Repealed by 2024 Tenn. Acts, ch. 1045,s 3, eff. 5/28/2024.
Acts 1994, ch. 964, § 11.
Tenn. Code Ann. § 39-13-611 — TN Code / Title 39 / Chapter 13 / Section 39-13-611
Aggravated unlawful photographing of minor
Status: in_force

(a) A person commits the offense of aggravated unlawful photographing when the person knowingly photographs, or causes to be photographed a minor, when the minor has a reasonable expectation of privacy, if the photograph: (1) Depicts the minor in a state of nudity; and (2) Was taken for the purpose of sexual arousal or gratification of the defendant. (b) As used in this section: (1) "Nudity" has the meaning given in § 39-17-901 ; and (2) "Photograph" has the meaning given in § 39-13-605 . (c) A violation of subsection (a) is a Class C felony. (d) Nothing in this section shall preclude the state from electing to prosecute conduct in violation of this section under any other applicable section, including chapter 17, parts 9 and 10 of this title. Added by 2019 Tenn. Acts, ch. 437,s 1, eff. 5/22/2019.
(a) A person commits the offense of aggravated unlawful photographing when the person knowingly photographs, or causes to be photographed a minor, when the minor has a reasonable expectation of privacy, if the photograph: (1) Depicts the minor in a state of nudity; and (2) Was taken for the purpose of sexual arousal or gratification of the defendant.
(1) Depicts the minor in a state of nudity; and
(2) Was taken for the purpose of sexual arousal or gratification of the defendant.
(b) As used in this section: (1) "Nudity" has the meaning given in § 39-17-901 ; and (2) "Photograph" has the meaning given in § 39-13-605 .
(1) "Nudity" has the meaning given in § 39-17-901 ; and
(2) "Photograph" has the meaning given in § 39-13-605 .
(c) A violation of subsection (a) is a Class C felony.
(d) Nothing in this section shall preclude the state from electing to prosecute conduct in violation of this section under any other applicable section, including chapter 17, parts 9 and 10 of this title.
Added by 2019 Tenn. Acts, ch. 437,s 1, eff. 5/22/2019.
Tenn. Code Ann. § 39-12-202 — TN Code / Title 39 / Chapter 12 / Section 39-12-202
Legislative intent
Status: in_force

(a) The general assembly finds and declares that an effective means of punishing and deterring organized crime involving gang activity and human trafficking is prosecuting unlawful conduct that furthers the interests of these criminal organizations, as well as the forfeiture of profits derived from such criminal activities. (b) It is not the intent of the general assembly that isolated incidents of felony conduct be prosecuted under this part, but only an interrelated pattern of criminal activity. Amended by 2023 Tenn. Acts, ch. 487, s 1, eff. 7/1/2023. Acts 1989, ch. 591, § 1.
(a) The general assembly finds and declares that an effective means of punishing and deterring organized crime involving gang activity and human trafficking is prosecuting unlawful conduct that furthers the interests of these criminal organizations, as well as the forfeiture of profits derived from such criminal activities.
(b) It is not the intent of the general assembly that isolated incidents of felony conduct be prosecuted under this part, but only an interrelated pattern of criminal activity.
Amended by 2023 Tenn. Acts, ch. 487, s 1, eff. 7/1/2023.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-11-603 — TN Code / Title 39 / Chapter 11 / Section 39-11-603
Confinement as justifiable force
Status: in_force

Confinement is justified when force is justified by this part, if the person takes reasonable measures to terminate the confinement as soon as the person knows it can be done safely, unless the individual confined has been arrested for an offense. Acts 1989, ch. 591, § 1.
Confinement is justified when force is justified by this part, if the person takes reasonable measures to terminate the confinement as soon as the person knows it can be done safely, unless the individual confined has been arrested for an offense.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-14-507 — TN Code / Title 39 / Chapter 14 / Section 39-14-507
Motor vehicles transporting litter
Status: in_force

(a) (1) Any motor vehicle that transports litter or any material likely to fall or be blown off onto the highways, shall be required to have such material either in an enclosed space or fully covered by a tarpaulin. (2) (A) If the motor vehicle is a noncommercial, not-for-hire pickup truck, this subsection (a) shall be construed to be complied with if the material on the noncommercial, not-for-hire pickup truck is secured in such a way as to reasonably ensure it will not fall or be blown off the vehicle. (B) Notwithstanding subdivision (a)(2)(A), a noncommercial, not-for-hire vehicle is not in compliance with this subsection (a) if hard debris on the noncommercial, not-for-hire vehicle falls or blows off and comes into contact with another motor vehicle while the vehicle is being operated. (3) All other pickup trucks and other motor vehicles are required to comply with subdivision (a)(1). (4) Any motor vehicle having a gross weight of less than sixteen thousand pounds (16,000 lbs.) that is transporting litter to an energy recovery facility, as defined in § 68-211-501 , shall be required to have the material in an enclosed space, unless it is a motor vehicle with a factory installed hydraulic lift system that lifts the entire bed of the truck. (5) This subsection (a) does not apply to motor vehicles transporting recovered materials to a convenience center or scrap dealer for recycling. (6) This section shall not apply to motor vehicles that transport crushed stone, fill dirt and rock, soil, bulk sand, coal, phosphate muck, asphalt, concrete, other building materials, forest products, unfinished lumber, agricultural lime and agricultural products, and that are loaded in compliance with the four inch (4") requirement of § 55-7-109 . This exemption shall not apply to any load if any law enforcement officer sees any part of the material blowing off the vehicle. This section shall also not apply to motor vehicles that transport farm produce going to market, or from field to field, or from field to storage. (b) (1) Except as provided in subdivision (b)(2), a violation of this section is a Class B misdemeanor. In addition to the penalties for a Class B misdemeanor, the court may impose any of the penalties set forth in § 39-14-503(d) . (2) A violation of subdivision (a)(2)(B) is a Class C misdemeanor. Amended by 2023 Tenn. Acts, ch. 416, s 3, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 416, s 2, eff. 7/1/2023. Acts 2007 , ch. 595, § 1.
(a) (1) Any motor vehicle that transports litter or any material likely to fall or be blown off onto the highways, shall be required to have such material either in an enclosed space or fully covered by a tarpaulin. (2) (A) If the motor vehicle is a noncommercial, not-for-hire pickup truck, this subsection (a) shall be construed to be complied with if the material on the noncommercial, not-for-hire pickup truck is secured in such a way as to reasonably ensure it will not fall or be blown off the vehicle. (B) Notwithstanding subdivision (a)(2)(A), a noncommercial, not-for-hire vehicle is not in compliance with this subsection (a) if hard debris on the noncommercial, not-for-hire vehicle falls or blows off and comes into contact with another motor vehicle while the vehicle is being operated. (3) All other pickup trucks and other motor vehicles are required to comply with subdivision (a)(1). (4) Any motor vehicle having a gross weight of less than sixteen thousand pounds (16,000 lbs.) that is transporting litter to an energy recovery facility, as defined in § 68-211-501 , shall be required to have the material in an enclosed space, unless it is a motor vehicle with a factory installed hydraulic lift system that lifts the entire bed of the truck. (5) This subsection (a) does not apply to motor vehicles transporting recovered materials to a convenience center or scrap dealer for recycling. (6) This section shall not apply to motor vehicles that transport crushed stone, fill dirt and rock, soil, bulk sand, coal, phosphate muck, asphalt, concrete, other building materials, forest products, unfinished lumber, agricultural lime and agricultural products, and that are loaded in compliance with the four inch (4") requirement of § 55-7-109 . This exemption shall not apply to any load if any law enforcement officer sees any part of the material blowing off the vehicle. This section shall also not apply to motor vehicles that transport farm produce going to market, or from field to field, or from field to storage.
(1) Any motor vehicle that transports litter or any material likely to fall or be blown off onto the highways, shall be required to have such material either in an enclosed space or fully covered by a tarpaulin.
(2) (A) If the motor vehicle is a noncommercial, not-for-hire pickup truck, this subsection (a) shall be construed to be complied with if the material on the noncommercial, not-for-hire pickup truck is secured in such a way as to reasonably ensure it will not fall or be blown off the vehicle. (B) Notwithstanding subdivision (a)(2)(A), a noncommercial, not-for-hire vehicle is not in compliance with this subsection (a) if hard debris on the noncommercial, not-for-hire vehicle falls or blows off and comes into contact with another motor vehicle while the vehicle is being operated.
(A) If the motor vehicle is a noncommercial, not-for-hire pickup truck, this subsection (a) shall be construed to be complied with if the material on the noncommercial, not-for-hire pickup truck is secured in such a way as to reasonably ensure it will not fall or be blown off the vehicle.
(B) Notwithstanding subdivision (a)(2)(A), a noncommercial, not-for-hire vehicle is not in compliance with this subsection (a) if hard debris on the noncommercial, not-for-hire vehicle falls or blows off and comes into contact with another motor vehicle while the vehicle is being operated.
(3) All other pickup trucks and other motor vehicles are required to comply with subdivision (a)(1).
(4) Any motor vehicle having a gross weight of less than sixteen thousand pounds (16,000 lbs.) that is transporting litter to an energy recovery facility, as defined in § 68-211-501 , shall be required to have the material in an enclosed space, unless it is a motor vehicle with a factory installed hydraulic lift system that lifts the entire bed of the truck.
(5) This subsection (a) does not apply to motor vehicles transporting recovered materials to a convenience center or scrap dealer for recycling.
(6) This section shall not apply to motor vehicles that transport crushed stone, fill dirt and rock, soil, bulk sand, coal, phosphate muck, asphalt, concrete, other building materials, forest products, unfinished lumber, agricultural lime and agricultural products, and that are loaded in compliance with the four inch (4") requirement of § 55-7-109 . This exemption shall not apply to any load if any law enforcement officer sees any part of the material blowing off the vehicle. This section shall also not apply to motor vehicles that transport farm produce going to market, or from field to field, or from field to storage.
(b) (1) Except as provided in subdivision (b)(2), a violation of this section is a Class B misdemeanor. In addition to the penalties for a Class B misdemeanor, the court may impose any of the penalties set forth in § 39-14-503(d) . (2) A violation of subdivision (a)(2)(B) is a Class C misdemeanor.
(1) Except as provided in subdivision (b)(2), a violation of this section is a Class B misdemeanor. In addition to the penalties for a Class B misdemeanor, the court may impose any of the penalties set forth in § 39-14-503(d) .
(2) A violation of subdivision (a)(2)(B) is a Class C misdemeanor.
Amended by 2023 Tenn. Acts, ch. 416, s 3, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 416, s 2, eff. 7/1/2023.
Acts 2007 , ch. 595, § 1.
Tenn. Code Ann. § 39-16-602 — TN Code / Title 39 / Chapter 16 / Section 39-16-602
Resisting stop, frisk, halt, arrest or search - Prevention or obstruction of service of legal writ or process
Status: in_force

(a) It is an offense for a person to intentionally prevent or obstruct anyone known to the person to be a law enforcement officer, or anyone acting in a law enforcement officer's presence and at the officer's direction, from effecting a stop, frisk, halt, arrest or search of any person, including the defendant, by using force against the law enforcement officer or another. (b) Except as provided in § 39-11-611 , it is no defense to prosecution under this section that the stop, frisk, halt, arrest or search was unlawful. (c) It is an offense for a person to intentionally prevent or obstruct an officer of the state or any other person known to be a civil process server in serving, or attempting to serve or execute, any legal writ or process. (d) A violation of this section is a Class B misdemeanor unless the defendant uses a deadly weapon to resist the stop, frisk, halt, arrest, search or process server, in which event the violation is a Class A misdemeanor. Acts 1989, ch. 591, § 1; 1991, ch. 307, § 1; 1999, ch. 178, § 1.
(a) It is an offense for a person to intentionally prevent or obstruct anyone known to the person to be a law enforcement officer, or anyone acting in a law enforcement officer's presence and at the officer's direction, from effecting a stop, frisk, halt, arrest or search of any person, including the defendant, by using force against the law enforcement officer or another.
(b) Except as provided in § 39-11-611 , it is no defense to prosecution under this section that the stop, frisk, halt, arrest or search was unlawful.
(c) It is an offense for a person to intentionally prevent or obstruct an officer of the state or any other person known to be a civil process server in serving, or attempting to serve or execute, any legal writ or process.
(d) A violation of this section is a Class B misdemeanor unless the defendant uses a deadly weapon to resist the stop, frisk, halt, arrest, search or process server, in which event the violation is a Class A misdemeanor.
Acts 1989, ch. 591, § 1; 1991, ch. 307, § 1; 1999, ch. 178, § 1.
Tenn. Code Ann. § 39-13-118 — TN Code / Title 39 / Chapter 13 / Section 39-13-118
Assault within a healthcare facility - Penalties
Status: in_force

(a) A person commits assault within a healthcare facility who: (1) Knowingly causes bodily injury to another within a healthcare facility; or (2) Knowingly causes physical contact with another within a healthcare facility and a reasonable person would regard the contact as extremely offensive or provocative, including, but not limited to, spitting, throwing, or otherwise transferring bodily fluids, bodily pathogens, or human waste onto the person of another. (b) A person commits aggravated assault within a healthcare facility who knowingly commits an assault under subsection (a) within a healthcare facility, and the assault: (1) Results in serious bodily injury to the victim; (2) Results in the death of the victim; (3) Involves the use or display of a deadly weapon; or (4) Involves strangulation or attempted strangulation. (c) (1) Assault within a healthcare facility under subsection (a) is a Class A misdemeanor, and shall be punished by a mandatory fine of five thousand dollars ($5,000) and a mandatory minimum sentence of thirty (30) days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire thirty-day mandatory minimum sentence. (2) Aggravated assault within a healthcare facility under subsection (b) is a Class C felony, and is punished by a mandatory fine of fifteen thousand dollars ($15,000) and a mandatory minimum sentence of ninety (90) days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire ninety-day mandatory minimum sentence. (d) As used in this section, "healthcare facility" means the portion of an institution, place, building, or office devoted to providing healthcare services, as defined in § 56-61-102 , and includes the reception and administrative areas of the facility. Added by 2024 Tenn. Acts, ch. 928,s 2, eff. 7/1/2024.
(a) A person commits assault within a healthcare facility who: (1) Knowingly causes bodily injury to another within a healthcare facility; or (2) Knowingly causes physical contact with another within a healthcare facility and a reasonable person would regard the contact as extremely offensive or provocative, including, but not limited to, spitting, throwing, or otherwise transferring bodily fluids, bodily pathogens, or human waste onto the person of another.
(1) Knowingly causes bodily injury to another within a healthcare facility; or
(2) Knowingly causes physical contact with another within a healthcare facility and a reasonable person would regard the contact as extremely offensive or provocative, including, but not limited to, spitting, throwing, or otherwise transferring bodily fluids, bodily pathogens, or human waste onto the person of another.
(b) A person commits aggravated assault within a healthcare facility who knowingly commits an assault under subsection (a) within a healthcare facility, and the assault: (1) Results in serious bodily injury to the victim; (2) Results in the death of the victim; (3) Involves the use or display of a deadly weapon; or (4) Involves strangulation or attempted strangulation.
(1) Results in serious bodily injury to the victim;
(2) Results in the death of the victim;
(3) Involves the use or display of a deadly weapon; or
(4) Involves strangulation or attempted strangulation.
(c) (1) Assault within a healthcare facility under subsection (a) is a Class A misdemeanor, and shall be punished by a mandatory fine of five thousand dollars ($5,000) and a mandatory minimum sentence of thirty (30) days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire thirty-day mandatory minimum sentence. (2) Aggravated assault within a healthcare facility under subsection (b) is a Class C felony, and is punished by a mandatory fine of fifteen thousand dollars ($15,000) and a mandatory minimum sentence of ninety (90) days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire ninety-day mandatory minimum sentence.
(1) Assault within a healthcare facility under subsection (a) is a Class A misdemeanor, and shall be punished by a mandatory fine of five thousand dollars ($5,000) and a mandatory minimum sentence of thirty (30) days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire thirty-day mandatory minimum sentence.
(2) Aggravated assault within a healthcare facility under subsection (b) is a Class C felony, and is punished by a mandatory fine of fifteen thousand dollars ($15,000) and a mandatory minimum sentence of ninety (90) days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire ninety-day mandatory minimum sentence.
(d) As used in this section, "healthcare facility" means the portion of an institution, place, building, or office devoted to providing healthcare services, as defined in § 56-61-102 , and includes the reception and administrative areas of the facility.
Added by 2024 Tenn. Acts, ch. 928,s 2, eff. 7/1/2024.
Tenn. Code Ann. § 39-17-1358 — TN Code / Title 39 / Chapter 17 / Section 39-17-1358
Retention of records - Violations
Status: in_force

(a) The sheriff or chief law enforcement officer may retain applications and files related to the approval or denial of any application submitted from October 1, 1994, to October 1, 1996, if the applications and files are relevant to any pending litigation. After the pending litigation is concluded, the applications and files shall be destroyed. (b) Except as otherwise specifically provided in §§ 39-17-1351 and 39-17-1352 , a violation of §§ 39-17-1351 - 39-17-1360 or § 39-17-1366 is a Class B misdemeanor punishable only by a fine not to exceed five hundred dollars ($500). (c) Any party aggrieved under the terms of §§ 39-17-1351 - 39-17-1360 or § 39-17-1366 by the denial, suspension or revocation of a permit, or otherwise, may file a writ of mandamus, as provided by law. The action shall also allow the recovery of any actual damages sustained by the party. The aggrieved party, if prevailing in action, shall also be entitled to recover those costs and attorney's fees reasonably incurred or relating to the action. (d) Nothing contained in this section shall be construed to alter, reduce or eliminate any personal civil or criminal liability that an applicant may have for the intentional or negligent use of a firearm. Amended by 2019 Tenn. Acts, ch. 479, s 20, eff. 1/1/2020. Acts 1996, ch. 905, § 10; 1997 , ch. 476, § 5.
(a) The sheriff or chief law enforcement officer may retain applications and files related to the approval or denial of any application submitted from October 1, 1994, to October 1, 1996, if the applications and files are relevant to any pending litigation. After the pending litigation is concluded, the applications and files shall be destroyed.
(b) Except as otherwise specifically provided in §§ 39-17-1351 and 39-17-1352 , a violation of §§ 39-17-1351 - 39-17-1360 or § 39-17-1366 is a Class B misdemeanor punishable only by a fine not to exceed five hundred dollars ($500).
(c) Any party aggrieved under the terms of §§ 39-17-1351 - 39-17-1360 or § 39-17-1366 by the denial, suspension or revocation of a permit, or otherwise, may file a writ of mandamus, as provided by law. The action shall also allow the recovery of any actual damages sustained by the party. The aggrieved party, if prevailing in action, shall also be entitled to recover those costs and attorney's fees reasonably incurred or relating to the action.
(d) Nothing contained in this section shall be construed to alter, reduce or eliminate any personal civil or criminal liability that an applicant may have for the intentional or negligent use of a firearm.
Amended by 2019 Tenn. Acts, ch. 479, s 20, eff. 1/1/2020.
Acts 1996, ch. 905, § 10; 1997 , ch. 476, § 5.
Tenn. Code Ann. § 39-14-106 — TN Code / Title 39 / Chapter 14 / Section 39-14-106
Unauthorized use of automobiles and other vehicles - Joyriding
Status: in_force

A person commits a Class A misdemeanor who takes another's automobile, airplane, motorcycle, bicycle, boat or other vehicle without the consent of the owner and the person does not have the intent to deprive the owner thereof. Acts 1989, ch. 591, § 1.
A person commits a Class A misdemeanor who takes another's automobile, airplane, motorcycle, bicycle, boat or other vehicle without the consent of the owner and the person does not have the intent to deprive the owner thereof.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-12-104 — TN Code / Title 39 / Chapter 12 / Section 39-12-104
Renunciation defense
Status: in_force

It is an affirmative defense to a charge of criminal attempt, solicitation or conspiracy that the person, after committing the criminal attempt, solicitation or conspiracy, prevented the successful commission of the offense attempted, solicited or conspired, under circumstances manifesting a complete and voluntary renunciation of the person's criminal purpose. Acts 1989, ch. 591, § 1.
It is an affirmative defense to a charge of criminal attempt, solicitation or conspiracy that the person, after committing the criminal attempt, solicitation or conspiracy, prevented the successful commission of the offense attempted, solicited or conspired, under circumstances manifesting a complete and voluntary renunciation of the person's criminal purpose.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-14-406 — TN Code / Title 39 / Chapter 14 / Section 39-14-406
Aggravated criminal trespass
Status: in_force

(a) A person commits aggravated criminal trespass who enters or remains on property when: (1) The person knows the person does not have the property owner's effective consent to do so; and (2) The person intends, knows, or is reckless about whether such person's presence will cause fear for the safety of another; (3) The person, in order to gain entry to the property, destroys, cuts, vandalizes, alters or removes a gate, signage, fencing, lock, chain or other barrier designed to keep trespassers from entering the property; or (4) The person, while on the property, recklessly damages the property or personal property thereon. (b) For purposes of this section, "enter" means intrusion of the entire body. (c) (1) Aggravated criminal trespass is a Class B misdemeanor except as provided in subdivisions (c)(2) and (3). (2) Aggravated criminal trespass that was committed in a habitation, in a building of any hospital, on state property, or on the campus, property, or facilities of any private or public school is a Class A misdemeanor. (3) Aggravated criminal trespass is a Class E felony when committed: (A) On residential property belonging to or occupied by a law enforcement officer, active duty member of the military, judge, or elected or appointed federal, state, or local official; and (B) With intent to harass a person described in subdivision (c)(3)(A) due to the person's status as a law enforcement officer, active duty member of the military, judge, or elected or appointed federal, state, or local official. (d) (1) A person also commits aggravated criminal trespass who enters or remains on the real property, including the right-of-way, of a railroad: (A) With the intent to do harm to the property or to railroad property located on the property; or (B) With the intent to do harm to another person or knowing that their presence will harm another person. (2) Aggravated criminal trespass on railroad property is a Class A misdemeanor. (e) (1) A person also commits aggravated criminal trespass who trespasses upon a construction site, or property used or owned by a public or private utility or an electric or telephone cooperative, with the intent to steal, deface, destroy, tamper with, alter or remove any equipment, supplies or other property found on the site or property. (2) (A) In order for subdivision (e)(1) to apply, the construction, utility, or electric or telephone cooperative property must be posted by use of a sign of a size that is plainly visible to the average person at all gates or entrances to the property and shall contain language substantially similar to the following: UNLAWFUL ENTRY ON THIS PROPERTY CONSTITUTES THE CRIMINAL OFFENSE OF AGGRAVATED CRIMINAL TRESPASS AND IS PUNISHABLE BY IMPRISONMENT FOR UP TO ONE YEAR AND A $2,500 FINE. (B) If the proof shows that the defendant entered the posted property at some place other than a gate or entrance, it is not a defense to this subsection (e) that the defendant did not know that the property was posted against trespass. (3) Aggravated criminal trespass on a construction site is a Class A misdemeanor. Amended by 2020EX2 Tenn. Acts, ch. 3, Secs.s4, s5 eff. 8/20/2020. Acts 1989, ch. 591, § 1; 2006, ch. 668, § 1; 2008 , ch. 690, § 3; 2011 , ch. 302, § 1.
(a) A person commits aggravated criminal trespass who enters or remains on property when: (1) The person knows the person does not have the property owner's effective consent to do so; and (2) The person intends, knows, or is reckless about whether such person's presence will cause fear for the safety of another; (3) The person, in order to gain entry to the property, destroys, cuts, vandalizes, alters or removes a gate, signage, fencing, lock, chain or other barrier designed to keep trespassers from entering the property; or (4) The person, while on the property, recklessly damages the property or personal property thereon.
(1) The person knows the person does not have the property owner's effective consent to do so; and
(2) The person intends, knows, or is reckless about whether such person's presence will cause fear for the safety of another;
(3) The person, in order to gain entry to the property, destroys, cuts, vandalizes, alters or removes a gate, signage, fencing, lock, chain or other barrier designed to keep trespassers from entering the property; or
(4) The person, while on the property, recklessly damages the property or personal property thereon.
(b) For purposes of this section, "enter" means intrusion of the entire body.
(c) (1) Aggravated criminal trespass is a Class B misdemeanor except as provided in subdivisions (c)(2) and (3). (2) Aggravated criminal trespass that was committed in a habitation, in a building of any hospital, on state property, or on the campus, property, or facilities of any private or public school is a Class A misdemeanor. (3) Aggravated criminal trespass is a Class E felony when committed: (A) On residential property belonging to or occupied by a law enforcement officer, active duty member of the military, judge, or elected or appointed federal, state, or local official; and (B) With intent to harass a person described in subdivision (c)(3)(A) due to the person's status as a law enforcement officer, active duty member of the military, judge, or elected or appointed federal, state, or local official.
(1) Aggravated criminal trespass is a Class B misdemeanor except as provided in subdivisions (c)(2) and (3).
(2) Aggravated criminal trespass that was committed in a habitation, in a building of any hospital, on state property, or on the campus, property, or facilities of any private or public school is a Class A misdemeanor.
(3) Aggravated criminal trespass is a Class E felony when committed: (A) On residential property belonging to or occupied by a law enforcement officer, active duty member of the military, judge, or elected or appointed federal, state, or local official; and (B) With intent to harass a person described in subdivision (c)(3)(A) due to the person's status as a law enforcement officer, active duty member of the military, judge, or elected or appointed federal, state, or local official.
(A) On residential property belonging to or occupied by a law enforcement officer, active duty member of the military, judge, or elected or appointed federal, state, or local official; and
(B) With intent to harass a person described in subdivision (c)(3)(A) due to the person's status as a law enforcement officer, active duty member of the military, judge, or elected or appointed federal, state, or local official.
(d) (1) A person also commits aggravated criminal trespass who enters or remains on the real property, including the right-of-way, of a railroad: (A) With the intent to do harm to the property or to railroad property located on the property; or (B) With the intent to do harm to another person or knowing that their presence will harm another person. (2) Aggravated criminal trespass on railroad property is a Class A misdemeanor.
(1) A person also commits aggravated criminal trespass who enters or remains on the real property, including the right-of-way, of a railroad: (A) With the intent to do harm to the property or to railroad property located on the property; or (B) With the intent to do harm to another person or knowing that their presence will harm another person.
(A) With the intent to do harm to the property or to railroad property located on the property; or
(B) With the intent to do harm to another person or knowing that their presence will harm another person.
(2) Aggravated criminal trespass on railroad property is a Class A misdemeanor.
(e) (1) A person also commits aggravated criminal trespass who trespasses upon a construction site, or property used or owned by a public or private utility or an electric or telephone cooperative, with the intent to steal, deface, destroy, tamper with, alter or remove any equipment, supplies or other property found on the site or property. (2) (A) In order for subdivision (e)(1) to apply, the construction, utility, or electric or telephone cooperative property must be posted by use of a sign of a size that is plainly visible to the average person at all gates or entrances to the property and shall contain language substantially similar to the following: UNLAWFUL ENTRY ON THIS PROPERTY CONSTITUTES THE CRIMINAL OFFENSE OF AGGRAVATED CRIMINAL TRESPASS AND IS PUNISHABLE BY IMPRISONMENT FOR UP TO ONE YEAR AND A $2,500 FINE. (B) If the proof shows that the defendant entered the posted property at some place other than a gate or entrance, it is not a defense to this subsection (e) that the defendant did not know that the property was posted against trespass. (3) Aggravated criminal trespass on a construction site is a Class A misdemeanor.
(1) A person also commits aggravated criminal trespass who trespasses upon a construction site, or property used or owned by a public or private utility or an electric or telephone cooperative, with the intent to steal, deface, destroy, tamper with, alter or remove any equipment, supplies or other property found on the site or property.
(2) (A) In order for subdivision (e)(1) to apply, the construction, utility, or electric or telephone cooperative property must be posted by use of a sign of a size that is plainly visible to the average person at all gates or entrances to the property and shall contain language substantially similar to the following: UNLAWFUL ENTRY ON THIS PROPERTY CONSTITUTES THE CRIMINAL OFFENSE OF AGGRAVATED CRIMINAL TRESPASS AND IS PUNISHABLE BY IMPRISONMENT FOR UP TO ONE YEAR AND A $2,500 FINE. (B) If the proof shows that the defendant entered the posted property at some place other than a gate or entrance, it is not a defense to this subsection (e) that the defendant did not know that the property was posted against trespass.
(A) In order for subdivision (e)(1) to apply, the construction, utility, or electric or telephone cooperative property must be posted by use of a sign of a size that is plainly visible to the average person at all gates or entrances to the property and shall contain language substantially similar to the following: UNLAWFUL ENTRY ON THIS PROPERTY CONSTITUTES THE CRIMINAL OFFENSE OF AGGRAVATED CRIMINAL TRESPASS AND IS PUNISHABLE BY IMPRISONMENT FOR UP TO ONE YEAR AND A $2,500 FINE.
UNLAWFUL ENTRY ON THIS PROPERTY CONSTITUTES THE CRIMINAL OFFENSE OF AGGRAVATED CRIMINAL TRESPASS AND IS PUNISHABLE BY IMPRISONMENT FOR UP TO ONE YEAR AND A $2,500 FINE.
(B) If the proof shows that the defendant entered the posted property at some place other than a gate or entrance, it is not a defense to this subsection (e) that the defendant did not know that the property was posted against trespass.
(3) Aggravated criminal trespass on a construction site is a Class A misdemeanor.
Amended by 2020EX2 Tenn. Acts, ch. 3, Secs.s4, s5 eff. 8/20/2020.
Acts 1989, ch. 591, § 1; 2006, ch. 668, § 1; 2008 , ch. 690, § 3; 2011 , ch. 302, § 1.
Tenn. Code Ann. § 39-17-1002 — TN Code / Title 39 / Chapter 17 / Section 39-17-1002
Part definitions
Status: in_force

The following definitions apply in this part, unless the context otherwise requires: (1) "Artificial intelligence": (A) Means a machine-based system that: (i) Can, for a given set of human-defined objectives, make predictions, recommendations, or decisions; influence real and virtual environments without significant human oversight; or that can learn from experience in an automated manner and improve such performance when exposed to data sets; or (ii) Is developed in any context, including software or physical hardware, and solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; and (B) Includes generative artificial intelligence; (2) "Community" means the judicial district, as defined by § 16-2-506 , in which a violation is alleged to have occurred; (3) "Generative artificial intelligence" means an artificial intelligence system that is capable of creating new content or data, including text, images, audio, or video, when prompted by an individual; (4) "Material" means: (A) Any picture, drawing, photograph, undeveloped film or film negative, motion picture film, videocassette tape or other pictorial representation; (B) Any statue, figure, theatrical production or electrical reproduction; (C) Any image stored on a computer hard drive, a computer disk of any type, or any other medium designed to store information for later retrieval; (D) Any image transmitted to a computer or other electronic media or video screen, by telephone line, cable, satellite transmission, or other method that is capable of further transmission, manipulation, storage or accessing, even if not stored or saved at the time of transmission; or (E) Any computer image, or computer-generated image, including an image created, adapted, or modified by artificial intelligence, whether made or produced by electronic, mechanical, or other means; (5) "Minor" means any person who has not reached eighteen (18) years of age; (6) "Patently offensive" means that which goes substantially beyond customary limits of candor in describing or representing such matters; (7) "Performance" means any play, motion picture, photograph, dance, or other visual representation that can be exhibited before an audience of one (1) or more persons; (8) "Promote" means to finance, produce, direct, manufacture, issue, publish, exhibit or advertise, or to offer or agree to do those things; (9) "Prurient interest" means a shameful or morbid interest in sex; and (10) "Sexual activity" means any of the following acts: (A) Vaginal, anal or oral intercourse, whether done with another person or an animal; (B) Masturbation, whether done alone or with another human or an animal; (C) Patently offensive, as determined by contemporary community standards, physical contact with or touching of a person's clothed or unclothed genitals, pubic area, buttocks or breasts in an act of apparent sexual stimulation or sexual abuse; (D) Sadomasochistic abuse, including flagellation, torture, physical restraint, domination or subordination by or upon a person for the purpose of sexual gratification of any person; (E) The insertion of any part of a person's body or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure by a licensed professional; (F) Patently offensive, as determined by contemporary community standards, conduct, representations, depictions or descriptions of excretory functions; or (G) Exhibition of the breast, genitals, buttocks, anus, or pubic or rectal area of any minor that can be reasonably construed as being for the purpose of the sexual arousal or gratification of the defendant or another. Amended by 2024 Tenn. Acts, ch. 911,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 911,s 1, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 371, s 1, eff. 5/11/2021. Amended by 2017 Tenn. Acts, ch. 249, s 1, eff. 5/2/2017. Acts 1990, ch. 1092, § 7; 1995, ch. 216, § 1; 1999, ch. 343, §§ 1 - 4; 2001, ch. 147, § 1; 2005, ch. 496, § 1.
The following definitions apply in this part, unless the context otherwise requires:
(1) "Artificial intelligence": (A) Means a machine-based system that: (i) Can, for a given set of human-defined objectives, make predictions, recommendations, or decisions; influence real and virtual environments without significant human oversight; or that can learn from experience in an automated manner and improve such performance when exposed to data sets; or (ii) Is developed in any context, including software or physical hardware, and solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; and (B) Includes generative artificial intelligence;
(A) Means a machine-based system that: (i) Can, for a given set of human-defined objectives, make predictions, recommendations, or decisions; influence real and virtual environments without significant human oversight; or that can learn from experience in an automated manner and improve such performance when exposed to data sets; or (ii) Is developed in any context, including software or physical hardware, and solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; and
(i) Can, for a given set of human-defined objectives, make predictions, recommendations, or decisions; influence real and virtual environments without significant human oversight; or that can learn from experience in an automated manner and improve such performance when exposed to data sets; or
(ii) Is developed in any context, including software or physical hardware, and solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; and
(B) Includes generative artificial intelligence;
(2) "Community" means the judicial district, as defined by § 16-2-506 , in which a violation is alleged to have occurred;
(3) "Generative artificial intelligence" means an artificial intelligence system that is capable of creating new content or data, including text, images, audio, or video, when prompted by an individual;
(4) "Material" means: (A) Any picture, drawing, photograph, undeveloped film or film negative, motion picture film, videocassette tape or other pictorial representation; (B) Any statue, figure, theatrical production or electrical reproduction; (C) Any image stored on a computer hard drive, a computer disk of any type, or any other medium designed to store information for later retrieval; (D) Any image transmitted to a computer or other electronic media or video screen, by telephone line, cable, satellite transmission, or other method that is capable of further transmission, manipulation, storage or accessing, even if not stored or saved at the time of transmission; or (E) Any computer image, or computer-generated image, including an image created, adapted, or modified by artificial intelligence, whether made or produced by electronic, mechanical, or other means;
(A) Any picture, drawing, photograph, undeveloped film or film negative, motion picture film, videocassette tape or other pictorial representation;
(B) Any statue, figure, theatrical production or electrical reproduction;
(C) Any image stored on a computer hard drive, a computer disk of any type, or any other medium designed to store information for later retrieval;
(D) Any image transmitted to a computer or other electronic media or video screen, by telephone line, cable, satellite transmission, or other method that is capable of further transmission, manipulation, storage or accessing, even if not stored or saved at the time of transmission; or
(E) Any computer image, or computer-generated image, including an image created, adapted, or modified by artificial intelligence, whether made or produced by electronic, mechanical, or other means;
(5) "Minor" means any person who has not reached eighteen (18) years of age;
(6) "Patently offensive" means that which goes substantially beyond customary limits of candor in describing or representing such matters;
(7) "Performance" means any play, motion picture, photograph, dance, or other visual representation that can be exhibited before an audience of one (1) or more persons;
(8) "Promote" means to finance, produce, direct, manufacture, issue, publish, exhibit or advertise, or to offer or agree to do those things;
(9) "Prurient interest" means a shameful or morbid interest in sex; and
(10) "Sexual activity" means any of the following acts: (A) Vaginal, anal or oral intercourse, whether done with another person or an animal; (B) Masturbation, whether done alone or with another human or an animal; (C) Patently offensive, as determined by contemporary community standards, physical contact with or touching of a person's clothed or unclothed genitals, pubic area, buttocks or breasts in an act of apparent sexual stimulation or sexual abuse; (D) Sadomasochistic abuse, including flagellation, torture, physical restraint, domination or subordination by or upon a person for the purpose of sexual gratification of any person; (E) The insertion of any part of a person's body or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure by a licensed professional; (F) Patently offensive, as determined by contemporary community standards, conduct, representations, depictions or descriptions of excretory functions; or (G) Exhibition of the breast, genitals, buttocks, anus, or pubic or rectal area of any minor that can be reasonably construed as being for the purpose of the sexual arousal or gratification of the defendant or another.
(A) Vaginal, anal or oral intercourse, whether done with another person or an animal;
(B) Masturbation, whether done alone or with another human or an animal;
(C) Patently offensive, as determined by contemporary community standards, physical contact with or touching of a person's clothed or unclothed genitals, pubic area, buttocks or breasts in an act of apparent sexual stimulation or sexual abuse;
(D) Sadomasochistic abuse, including flagellation, torture, physical restraint, domination or subordination by or upon a person for the purpose of sexual gratification of any person;
(E) The insertion of any part of a person's body or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure by a licensed professional;
(F) Patently offensive, as determined by contemporary community standards, conduct, representations, depictions or descriptions of excretory functions; or
(G) Exhibition of the breast, genitals, buttocks, anus, or pubic or rectal area of any minor that can be reasonably construed as being for the purpose of the sexual arousal or gratification of the defendant or another.
Amended by 2024 Tenn. Acts, ch. 911,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 911,s 1, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 371, s 1, eff. 5/11/2021.
Amended by 2017 Tenn. Acts, ch. 249, s 1, eff. 5/2/2017.
Acts 1990, ch. 1092, § 7; 1995, ch. 216, § 1; 1999, ch. 343, §§ 1 - 4; 2001, ch. 147, § 1; 2005, ch. 496, § 1.
Tenn. Code Ann. § 39-16-702 — TN Code / Title 39 / Chapter 16 / Section 39-16-702
Perjury
Status: in_force

(a) A person commits an offense who, with intent to deceive: (1) Makes a false statement, under oath; (2) Makes a statement, under oath, that confirms the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; (3) Makes a false statement, not under oath, but on an official document required or authorized by law to be made under oath and stating on its face that a false statement is subject to the penalties of perjury; or (4) Makes a false statement, not under oath, but in a declaration stating on its face that it is made under penalty of perjury. (b) (1) Perjury is a Class A misdemeanor. (2) Perjury committed on an application for a handgun carry permit under § 39-17-1351 or § 39-17-1366 is a Class E felony. Each application for a handgun carry permit shall clearly state in bold face type directly above the signature line that an applicant who, with intent to deceive, makes any false statement on the application is guilty of the felony offense of perjury. (3) Perjury committed on a sexual offender or violent sexual offender TBI registration form under title 40, chapter 39, part 2, is a Class E felony. Each TBI registration form shall clearly state in bold face type directly above the signature line that an applicant who, with the intent to deceive, makes any false statement on the application is guilty of the felony offense of perjury. Amended by 2019 Tenn. Acts, ch. 479, s 15, eff. 1/1/2020. Acts 1989, ch. 591, § 1; 1997 , ch. 468, § 1; 2004, ch. 921, § 2; 2011 , ch. 211, § 1.
(a) A person commits an offense who, with intent to deceive: (1) Makes a false statement, under oath; (2) Makes a statement, under oath, that confirms the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; (3) Makes a false statement, not under oath, but on an official document required or authorized by law to be made under oath and stating on its face that a false statement is subject to the penalties of perjury; or (4) Makes a false statement, not under oath, but in a declaration stating on its face that it is made under penalty of perjury.
(1) Makes a false statement, under oath;
(2) Makes a statement, under oath, that confirms the truth of a false statement previously made and the statement is required or authorized by law to be made under oath;
(3) Makes a false statement, not under oath, but on an official document required or authorized by law to be made under oath and stating on its face that a false statement is subject to the penalties of perjury; or
(4) Makes a false statement, not under oath, but in a declaration stating on its face that it is made under penalty of perjury.
(b) (1) Perjury is a Class A misdemeanor. (2) Perjury committed on an application for a handgun carry permit under § 39-17-1351 or § 39-17-1366 is a Class E felony. Each application for a handgun carry permit shall clearly state in bold face type directly above the signature line that an applicant who, with intent to deceive, makes any false statement on the application is guilty of the felony offense of perjury. (3) Perjury committed on a sexual offender or violent sexual offender TBI registration form under title 40, chapter 39, part 2, is a Class E felony. Each TBI registration form shall clearly state in bold face type directly above the signature line that an applicant who, with the intent to deceive, makes any false statement on the application is guilty of the felony offense of perjury.
(1) Perjury is a Class A misdemeanor.
(2) Perjury committed on an application for a handgun carry permit under § 39-17-1351 or § 39-17-1366 is a Class E felony. Each application for a handgun carry permit shall clearly state in bold face type directly above the signature line that an applicant who, with intent to deceive, makes any false statement on the application is guilty of the felony offense of perjury.
(3) Perjury committed on a sexual offender or violent sexual offender TBI registration form under title 40, chapter 39, part 2, is a Class E felony. Each TBI registration form shall clearly state in bold face type directly above the signature line that an applicant who, with the intent to deceive, makes any false statement on the application is guilty of the felony offense of perjury.
Amended by 2019 Tenn. Acts, ch. 479, s 15, eff. 1/1/2020.
Acts 1989, ch. 591, § 1; 1997 , ch. 468, § 1; 2004, ch. 921, § 2; 2011 , ch. 211, § 1.
Tenn. Code Ann. § 39-17-1808 — TN Code / Title 39 / Chapter 17 / Section 39-17-1808
Continuing program to explain and clarify
Status: in_force

The department of health and the department of labor and workforce development shall engage in a continuing program to explain and clarify the purposes and requirements of this part to all persons affected by this part. Acts 2007, ch. 410, § 1.
The department of health and the department of labor and workforce development shall engage in a continuing program to explain and clarify the purposes and requirements of this part to all persons affected by this part.
Acts 2007, ch. 410, § 1.
Tenn. Code Ann. § 39-14-304 — TN Code / Title 39 / Chapter 14 / Section 39-14-304
Reckless burning
Status: in_force

(a) A person commits reckless burning who: (1) Recklessly starts a fire on the land, building, structure or personal property of another; (2) Starts a fire on the person's own land, building, structure or personal property and recklessly allows the fire to escape and burn the property of another; or (3) Knowingly starts an open air or unconfined fire in violation of a burning ban as provided in § 39-14-306(b) . (b) Reckless burning is a Class A misdemeanor. Acts 1989, ch. 591, § 1; 1991, ch. 46, § 1; 2008, ch. 786, § 1.
(a) A person commits reckless burning who: (1) Recklessly starts a fire on the land, building, structure or personal property of another; (2) Starts a fire on the person's own land, building, structure or personal property and recklessly allows the fire to escape and burn the property of another; or (3) Knowingly starts an open air or unconfined fire in violation of a burning ban as provided in § 39-14-306(b) .
(1) Recklessly starts a fire on the land, building, structure or personal property of another;
(2) Starts a fire on the person's own land, building, structure or personal property and recklessly allows the fire to escape and burn the property of another; or
(3) Knowingly starts an open air or unconfined fire in violation of a burning ban as provided in § 39-14-306(b) .
(b) Reckless burning is a Class A misdemeanor.
Acts 1989, ch. 591, § 1; 1991, ch. 46, § 1; 2008, ch. 786, § 1.
Tenn. Code Ann. § 39-17-1103 — TN Code / Title 39 / Chapter 17 / Section 39-17-1103
Sports bribery
Status: in_force

(a) A person commits the crime of sports bribery who: (1) Confers, or offers or agrees to confer, any benefit upon a sports participant with intent to influence the participant not to give the participant's best efforts in a sports contest; (2) Confers, or offers or agrees to confer any benefit upon a sports official in return for an agreement from the official to perform the official's duties improperly; (3) Being a sports participant, solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the participant will thereby be influenced not to give the participant's best efforts in a sports contest; or (4) Being a sports official, solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the official will perform the official's duties improperly. (b) Sports bribery is a Class A misdemeanor. Acts 1989, ch. 591, § 1.
(a) A person commits the crime of sports bribery who: (1) Confers, or offers or agrees to confer, any benefit upon a sports participant with intent to influence the participant not to give the participant's best efforts in a sports contest; (2) Confers, or offers or agrees to confer any benefit upon a sports official in return for an agreement from the official to perform the official's duties improperly; (3) Being a sports participant, solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the participant will thereby be influenced not to give the participant's best efforts in a sports contest; or (4) Being a sports official, solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the official will perform the official's duties improperly.
(1) Confers, or offers or agrees to confer, any benefit upon a sports participant with intent to influence the participant not to give the participant's best efforts in a sports contest;
(2) Confers, or offers or agrees to confer any benefit upon a sports official in return for an agreement from the official to perform the official's duties improperly;
(3) Being a sports participant, solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the participant will thereby be influenced not to give the participant's best efforts in a sports contest; or
(4) Being a sports official, solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the official will perform the official's duties improperly.
(b) Sports bribery is a Class A misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-1322 — TN Code / Title 39 / Chapter 17 / Section 39-17-1322
Defenses
Status: in_force

(a) A person shall not be charged with or convicted of a violation under this part if the person possessed, displayed or employed a handgun in justifiable self-defense or in justifiable defense of another during the commission of a crime in which that person or the other person defended was a victim. (b) A person who discharges a firearm within the geographical limits of a municipality shall not be deemed to have violated any ordinance in effect or be subject to any citation or fine the municipality may impose for discharging a firearm within the limits of the municipality if it is determined that when the firearm was discharged the person was acting in justifiable self-defense, defense of property, defense of another, or to prevent a criminal offense from occurring. Amended by 2018 Tenn. Acts, ch. 599,s 1, eff. 3/23/2018. Acts 1994, ch. 943, § 1.
(a) A person shall not be charged with or convicted of a violation under this part if the person possessed, displayed or employed a handgun in justifiable self-defense or in justifiable defense of another during the commission of a crime in which that person or the other person defended was a victim.
(b) A person who discharges a firearm within the geographical limits of a municipality shall not be deemed to have violated any ordinance in effect or be subject to any citation or fine the municipality may impose for discharging a firearm within the limits of the municipality if it is determined that when the firearm was discharged the person was acting in justifiable self-defense, defense of property, defense of another, or to prevent a criminal offense from occurring.
Amended by 2018 Tenn. Acts, ch. 599,s 1, eff. 3/23/2018.
Acts 1994, ch. 943, § 1.
Tenn. Code Ann. § 39-11-708 — TN Code / Title 39 / Chapter 11 / Section 39-11-708
Procedure for judicial forfeiture of property
Status: in_force

(a) If real or personal property is subject to forfeiture under this part, the attorney general may initiate an in rem forfeiture proceeding in the circuit, chancery, or general sessions court of the county where the property is located or where the conduct giving rise to forfeiture occurred. If the property is beyond the jurisdiction of the court, the attorney general may initiate an in personam action against the owner or interest holder if the owner or interest holder is subject to the jurisdiction of the court. The complaint shall state a description of the property to be forfeited and the reasons for forfeiture under this part. (b) If personal property is sought to be forfeited, the complaint shall state the date the forfeiture warrant was issued. However, no complaint shall be dismissed for defects or insufficiencies in the forfeiture warrant. The complaint shall be served by registered mail at the last known address of the owner, if known, or the person in possession at the time of seizure. In the event the owner or possessor of the property does not answer the complaint, the state may move for a default judgment. An interest holder shall, however, be served with the complaint for forfeiture prior to any disposition of the property. (c) The court shall proceed as soon as practicable to a hearing and determination of the issue of forfeiture. The state shall notify the appropriate state official or commissioner as to the pendency of the judicial forfeiture action when such property is pending administrative forfeiture action. The filing of a complaint under this section shall operate as a stay of any pending administrative forfeiture proceedings. The state shall have the burden to prove by a preponderance of the evidence that the property is subject to forfeiture under this part and that one (1) or more acts described in § 39-11-703 giving rise to forfeiture occurred after June 27, 1998, regardless of when the property was originally acquired, as long as the owner's interest in the property appreciated following the commission of an act giving rise to forfeiture. The forfeiture action shall be commenced within five (5) years after the conduct giving rise to forfeiture terminates or the cause of action accrues, whichever is later. Any party who claims an interest in the property subject to forfeiture must first establish by a preponderance of the evidence that the party is an owner or interest holder in the property seized before other evidence is taken. The claimant has the burden of establishing standing to assert the claim. Notwithstanding any other law, no other claims, pendent claims or counterclaims may be filed in an action for forfeiture under this part. (d) If real or personal property of a criminal defendant is to be forfeited as part of a criminal prosecution, the indictment or information must contain notice in a separate count that the state will seek forfeiture of property under this part and all property subject to forfeiture must be generally described within the separate count. By agreement of the state and the defendant, a general sessions court may enter upon the judgment of the case that the property is to be forfeited or returned. The state shall establish by a preponderance of the evidence that the property is subject to forfeiture under this part. If the forfeiture count includes property described in § 39-11-703(a) the state shall establish that one (1) or more acts described in § 39-11-703(a) giving rise to forfeiture occurred after June 27, 1998, regardless of when the property was originally acquired, as long as the defendant's interest in the property was acquired or appreciated following the commission of an act giving rise to forfeiture. If the forfeiture count includes property described in § 39-11-703(b) , the state shall establish that the property was used as an instrumentality in or used in furtherance of a violation of the law described in § 39-11-703(b) . As soon as practicable after entering a guilty verdict or accepting a plea of guilty or nolo contendere on any count in an indictment, presentment, or information with regard to which criminal forfeiture is sought, the court shall determine whether the state has established that the property is subject to forfeiture. The court's determination may be based on evidence already in the record, including any written plea agreement, or if forfeiture is contested on evidence or information presented by the parties at a sentencing hearing. Upon the request by the state or the defendant in a case in which a jury returns a verdict of guilty, the jury shall determine in a bifurcated hearing whether the state has established that the property is subject to forfeiture. The state and defendant may introduce evidence at the forfeiture hearing. If the jury or court finds that the state has met its burden of proof from all the evidence in the case, then each property determined to be subject to forfeiture shall be designated in a special verdict and forfeited in accordance with this part. The criminal forfeiture action shall be charged within five (5) years after the conduct giving rise to forfeiture terminates. If a third party who is not a defendant in the criminal action has an interest in any of the property described in the criminal forfeiture count of the indictment or information, then the state shall determine the rights of the third party in a separate civil forfeiture action under this part. (e) If the forfeiture count includes property described in § 39-11-703(a) , a rebuttable presumption exists that the property of any person is subject to forfeiture, if the state establishes all of the following: (1) The conduct giving rise to forfeiture occurred; (2) The person acquired the property during the period of the conduct giving rise to forfeiture or within a reasonable time after that period; and (3) There is no likely source for the property other than the conduct giving rise to forfeiture. (f) Property subject to forfeiture may be located in any county or state. Upon a finding by the court that the evidence establishes that the property is subject to forfeiture, the judge shall enter a judgment of forfeiture of all property subject to forfeiture and shall order that title to the property be vested in the state of Tennessee from the date that the conduct that gave rise to the forfeiture occurred, subject to any exemptions provided for in this part. (g) Upon entry of the judgment of forfeiture and the recording of the judgment in the county and state where the property is located, title to the property shall vest in the state and shall thereafter be disposed of as provided for in §§ 39-11-713 and 39-11-714 . If the property cannot be located or is beyond the jurisdiction of the court, the court shall enter a judgment against the owner equal to the value of the property ordered to be forfeited. The court may use its contempt powers to enforce any orders of forfeiture of property located beyond the jurisdiction of the court, and other orders in furtherance of the purpose of this part. Amended by 2015 Tenn. Acts, ch. 180,s 2, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 180,s 1, eff. 7/1/2015. Acts 1998, ch. 979, § 8; 2001, ch. 381, § 2.
(a) If real or personal property is subject to forfeiture under this part, the attorney general may initiate an in rem forfeiture proceeding in the circuit, chancery, or general sessions court of the county where the property is located or where the conduct giving rise to forfeiture occurred. If the property is beyond the jurisdiction of the court, the attorney general may initiate an in personam action against the owner or interest holder if the owner or interest holder is subject to the jurisdiction of the court. The complaint shall state a description of the property to be forfeited and the reasons for forfeiture under this part.
(b) If personal property is sought to be forfeited, the complaint shall state the date the forfeiture warrant was issued. However, no complaint shall be dismissed for defects or insufficiencies in the forfeiture warrant. The complaint shall be served by registered mail at the last known address of the owner, if known, or the person in possession at the time of seizure. In the event the owner or possessor of the property does not answer the complaint, the state may move for a default judgment. An interest holder shall, however, be served with the complaint for forfeiture prior to any disposition of the property.
(c) The court shall proceed as soon as practicable to a hearing and determination of the issue of forfeiture. The state shall notify the appropriate state official or commissioner as to the pendency of the judicial forfeiture action when such property is pending administrative forfeiture action. The filing of a complaint under this section shall operate as a stay of any pending administrative forfeiture proceedings. The state shall have the burden to prove by a preponderance of the evidence that the property is subject to forfeiture under this part and that one (1) or more acts described in § 39-11-703 giving rise to forfeiture occurred after June 27, 1998, regardless of when the property was originally acquired, as long as the owner's interest in the property appreciated following the commission of an act giving rise to forfeiture. The forfeiture action shall be commenced within five (5) years after the conduct giving rise to forfeiture terminates or the cause of action accrues, whichever is later. Any party who claims an interest in the property subject to forfeiture must first establish by a preponderance of the evidence that the party is an owner or interest holder in the property seized before other evidence is taken. The claimant has the burden of establishing standing to assert the claim. Notwithstanding any other law, no other claims, pendent claims or counterclaims may be filed in an action for forfeiture under this part.
(d) If real or personal property of a criminal defendant is to be forfeited as part of a criminal prosecution, the indictment or information must contain notice in a separate count that the state will seek forfeiture of property under this part and all property subject to forfeiture must be generally described within the separate count. By agreement of the state and the defendant, a general sessions court may enter upon the judgment of the case that the property is to be forfeited or returned. The state shall establish by a preponderance of the evidence that the property is subject to forfeiture under this part. If the forfeiture count includes property described in § 39-11-703(a) the state shall establish that one (1) or more acts described in § 39-11-703(a) giving rise to forfeiture occurred after June 27, 1998, regardless of when the property was originally acquired, as long as the defendant's interest in the property was acquired or appreciated following the commission of an act giving rise to forfeiture. If the forfeiture count includes property described in § 39-11-703(b) , the state shall establish that the property was used as an instrumentality in or used in furtherance of a violation of the law described in § 39-11-703(b) . As soon as practicable after entering a guilty verdict or accepting a plea of guilty or nolo contendere on any count in an indictment, presentment, or information with regard to which criminal forfeiture is sought, the court shall determine whether the state has established that the property is subject to forfeiture. The court's determination may be based on evidence already in the record, including any written plea agreement, or if forfeiture is contested on evidence or information presented by the parties at a sentencing hearing. Upon the request by the state or the defendant in a case in which a jury returns a verdict of guilty, the jury shall determine in a bifurcated hearing whether the state has established that the property is subject to forfeiture. The state and defendant may introduce evidence at the forfeiture hearing. If the jury or court finds that the state has met its burden of proof from all the evidence in the case, then each property determined to be subject to forfeiture shall be designated in a special verdict and forfeited in accordance with this part. The criminal forfeiture action shall be charged within five (5) years after the conduct giving rise to forfeiture terminates. If a third party who is not a defendant in the criminal action has an interest in any of the property described in the criminal forfeiture count of the indictment or information, then the state shall determine the rights of the third party in a separate civil forfeiture action under this part.
(e) If the forfeiture count includes property described in § 39-11-703(a) , a rebuttable presumption exists that the property of any person is subject to forfeiture, if the state establishes all of the following: (1) The conduct giving rise to forfeiture occurred; (2) The person acquired the property during the period of the conduct giving rise to forfeiture or within a reasonable time after that period; and (3) There is no likely source for the property other than the conduct giving rise to forfeiture.
(1) The conduct giving rise to forfeiture occurred;
(2) The person acquired the property during the period of the conduct giving rise to forfeiture or within a reasonable time after that period; and
(3) There is no likely source for the property other than the conduct giving rise to forfeiture.
(f) Property subject to forfeiture may be located in any county or state. Upon a finding by the court that the evidence establishes that the property is subject to forfeiture, the judge shall enter a judgment of forfeiture of all property subject to forfeiture and shall order that title to the property be vested in the state of Tennessee from the date that the conduct that gave rise to the forfeiture occurred, subject to any exemptions provided for in this part.
(g) Upon entry of the judgment of forfeiture and the recording of the judgment in the county and state where the property is located, title to the property shall vest in the state and shall thereafter be disposed of as provided for in §§ 39-11-713 and 39-11-714 . If the property cannot be located or is beyond the jurisdiction of the court, the court shall enter a judgment against the owner equal to the value of the property ordered to be forfeited. The court may use its contempt powers to enforce any orders of forfeiture of property located beyond the jurisdiction of the court, and other orders in furtherance of the purpose of this part.
Amended by 2015 Tenn. Acts, ch. 180,s 2, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 180,s 1, eff. 7/1/2015.
Acts 1998, ch. 979, § 8; 2001, ch. 381, § 2.
Tenn. Code Ann. § 39-13-312 — TN Code / Title 39 / Chapter 13 / Section 39-13-312
Manner in which proceeds from forfeitures are distributed and used
Status: in_force

(a) Chapter 11, part 7 of this title shall govern the procedure by which property subject to forfeiture pursuant to § 39-11-703(c) is forfeited, and this section shall govern the manner in which proceeds from forfeitures are distributed and used. (b) Notwithstanding § 39-11-713 , the proceeds from all forfeitures made pursuant to § 39-11-703(c) shall first be applied to the reasonable expenses of the forfeiture proceeding, including the expenses of the district attorney general, and the costs of seizing and maintaining custody of the forfeited property. Parties seeking repayment for forfeiture-related expenses shall file a request detailing the expenses incurred in the forfeiture procedure with the judge of the court in which the forfeiture occurred. The judge shall, if such judge is satisfied that the expenses claimed were both incurred and reasonable, direct the clerk to pay such expenses from the proceeds prior to transmitting them to the state general fund. (c) The clerk of the court where the forfeiture occurs shall transmit forty percent (40%) of the proceeds from all forfeitures made pursuant to § 39-11-703(c) as follows: (1) Twenty percent (20%) to the law enforcement agency conducting the investigation that resulted in the forfeiture for use in training and equipment for the enforcement of the human trafficking laws; and (2) Twenty percent (20%) to the district attorneys general conference for education, expenses, expert services, training or the enhancement of resources for the prosecution of and asset forfeiture in human trafficking cases. (d) The clerk of the court where the forfeiture occurs shall retain five percent (5%) of the proceeds from all forfeitures made pursuant to § 39-11-703(c) . (e) The clerk shall transmit the remainder of the proceeds to the state general fund, where there is established a general fund reserve to be allocated through the general appropriations act, which shall be known as the anti-human trafficking fund. The fund shall be managed by the treasurer and moneys from the fund shall be expended to fund activities authorized by this section. Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund at the end of the fiscal year. Any excess revenues or interest earned by the revenues shall not revert at the end of the fiscal year, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from the reserve shall not revert to the general fund at the end of the fiscal year, but shall remain available for expenditure in subsequent fiscal years. (f) (1) The general assembly shall appropriate, through the general appropriations act, moneys from the anti-human trafficking fund to the department of finance and administration for the department to provide grants to agencies or groups that are incorporated as a not-for-profit organization, are tax-exempt under § 501 of the Internal Revenue Code ( 26 U.S.C. § 501 ), and that have provided services to victims of human trafficking for at least six (6) months prior to the application for funds under this subsection (f). The commissioner of finance and administration shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the distribution and use of the grant funds provided by it. (2) The grants shall be for the purpose of: (A) Providing direct services to victims of human trafficking; (B) Conducting programs for the prevention of human trafficking; or (C) Conducting education, training, or public outreach programs about human trafficking. Acts 2011 , ch. 354, § 2.
(a) Chapter 11, part 7 of this title shall govern the procedure by which property subject to forfeiture pursuant to § 39-11-703(c) is forfeited, and this section shall govern the manner in which proceeds from forfeitures are distributed and used.
(b) Notwithstanding § 39-11-713 , the proceeds from all forfeitures made pursuant to § 39-11-703(c) shall first be applied to the reasonable expenses of the forfeiture proceeding, including the expenses of the district attorney general, and the costs of seizing and maintaining custody of the forfeited property. Parties seeking repayment for forfeiture-related expenses shall file a request detailing the expenses incurred in the forfeiture procedure with the judge of the court in which the forfeiture occurred. The judge shall, if such judge is satisfied that the expenses claimed were both incurred and reasonable, direct the clerk to pay such expenses from the proceeds prior to transmitting them to the state general fund.
(c) The clerk of the court where the forfeiture occurs shall transmit forty percent (40%) of the proceeds from all forfeitures made pursuant to § 39-11-703(c) as follows: (1) Twenty percent (20%) to the law enforcement agency conducting the investigation that resulted in the forfeiture for use in training and equipment for the enforcement of the human trafficking laws; and (2) Twenty percent (20%) to the district attorneys general conference for education, expenses, expert services, training or the enhancement of resources for the prosecution of and asset forfeiture in human trafficking cases.
(1) Twenty percent (20%) to the law enforcement agency conducting the investigation that resulted in the forfeiture for use in training and equipment for the enforcement of the human trafficking laws; and
(2) Twenty percent (20%) to the district attorneys general conference for education, expenses, expert services, training or the enhancement of resources for the prosecution of and asset forfeiture in human trafficking cases.
(d) The clerk of the court where the forfeiture occurs shall retain five percent (5%) of the proceeds from all forfeitures made pursuant to § 39-11-703(c) .
(e) The clerk shall transmit the remainder of the proceeds to the state general fund, where there is established a general fund reserve to be allocated through the general appropriations act, which shall be known as the anti-human trafficking fund. The fund shall be managed by the treasurer and moneys from the fund shall be expended to fund activities authorized by this section. Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund at the end of the fiscal year. Any excess revenues or interest earned by the revenues shall not revert at the end of the fiscal year, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from the reserve shall not revert to the general fund at the end of the fiscal year, but shall remain available for expenditure in subsequent fiscal years.
(f) (1) The general assembly shall appropriate, through the general appropriations act, moneys from the anti-human trafficking fund to the department of finance and administration for the department to provide grants to agencies or groups that are incorporated as a not-for-profit organization, are tax-exempt under § 501 of the Internal Revenue Code ( 26 U.S.C. § 501 ), and that have provided services to victims of human trafficking for at least six (6) months prior to the application for funds under this subsection (f). The commissioner of finance and administration shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the distribution and use of the grant funds provided by it. (2) The grants shall be for the purpose of: (A) Providing direct services to victims of human trafficking; (B) Conducting programs for the prevention of human trafficking; or (C) Conducting education, training, or public outreach programs about human trafficking.
(1) The general assembly shall appropriate, through the general appropriations act, moneys from the anti-human trafficking fund to the department of finance and administration for the department to provide grants to agencies or groups that are incorporated as a not-for-profit organization, are tax-exempt under § 501 of the Internal Revenue Code ( 26 U.S.C. § 501 ), and that have provided services to victims of human trafficking for at least six (6) months prior to the application for funds under this subsection (f). The commissioner of finance and administration shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the distribution and use of the grant funds provided by it.
(2) The grants shall be for the purpose of: (A) Providing direct services to victims of human trafficking; (B) Conducting programs for the prevention of human trafficking; or (C) Conducting education, training, or public outreach programs about human trafficking.
(A) Providing direct services to victims of human trafficking;
(B) Conducting programs for the prevention of human trafficking; or
(C) Conducting education, training, or public outreach programs about human trafficking.
Acts 2011 , ch. 354, § 2.
Tenn. Code Ann. § 39-14-119 — TN Code / Title 39 / Chapter 14 / Section 39-14-119
Reporting of credit or debit card lost, stolen or mislaid
Status: in_force

(a) Any person who reports or attempts to report a credit or debit card as being lost, stolen, or mislaid knowing the report to be false violates this subsection (a). (b) Any person who, with intent to defraud, uses a credit or debit card or information from such card, which has previously been reported lost, stolen or mislaid, violates this subsection (b). (c) A violation of this section is a Class B misdemeanor. Acts 1989, ch. 591, § 1.
(a) Any person who reports or attempts to report a credit or debit card as being lost, stolen, or mislaid knowing the report to be false violates this subsection (a).
(b) Any person who, with intent to defraud, uses a credit or debit card or information from such card, which has previously been reported lost, stolen or mislaid, violates this subsection (b).
(c) A violation of this section is a Class B misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-13-105 — TN Code / Title 39 / Chapter 13 / Section 39-13-105
Other offenses - Physical injury to victim
Status: in_force

In addition to the enumerated offenses, crimes against the person shall be any violent offense that results or could have resulted in physical injury to the victim, including, but not limited to, rape, sexual battery, kidnapping, aggravated burglary, and especially aggravated burglary. Amended by 2021 Tenn. Acts, ch. 545, s 1, eff. 7/1/2021. Acts 1993, ch. 524, § 3.
In addition to the enumerated offenses, crimes against the person shall be any violent offense that results or could have resulted in physical injury to the victim, including, but not limited to, rape, sexual battery, kidnapping, aggravated burglary, and especially aggravated burglary.
Amended by 2021 Tenn. Acts, ch. 545, s 1, eff. 7/1/2021.
Acts 1993, ch. 524, § 3.
Tenn. Code Ann. § 39-13-108 — TN Code / Title 39 / Chapter 13 / Section 39-13-108
Rules and regulations regarding transmission of HIV - Quarantine - Violations
Status: in_force

(a) The department of health, acting pursuant to § 68-10-109 , shall promulgate rules regarding transmission of human immunodeficiency virus (HIV). The rules shall include specific procedures for quarantine or isolation, as may be necessary, of any person who clearly and convincingly demonstrates willful and knowing disregard for the health and safety of others, and who poses a direct threat of significant risk to the health and safety of the public regarding transmission of HIV. (b) The department is authorized to quarantine or isolate a person within a secure facility, after exercising other appropriate measures, if the person continues to pose a direct threat of significant risk to the health and safety of the public. Any person so quarantined or isolated within a secure facility, who intentionally escapes from the facility, commits a Class E felony. Acts 1993, ch. 322, § 2.
(a) The department of health, acting pursuant to § 68-10-109 , shall promulgate rules regarding transmission of human immunodeficiency virus (HIV). The rules shall include specific procedures for quarantine or isolation, as may be necessary, of any person who clearly and convincingly demonstrates willful and knowing disregard for the health and safety of others, and who poses a direct threat of significant risk to the health and safety of the public regarding transmission of HIV.
(b) The department is authorized to quarantine or isolate a person within a secure facility, after exercising other appropriate measures, if the person continues to pose a direct threat of significant risk to the health and safety of the public. Any person so quarantined or isolated within a secure facility, who intentionally escapes from the facility, commits a Class E felony.
Acts 1993, ch. 322, § 2.
Tenn. Code Ann. § 39-15-409 — TN Code / Title 39 / Chapter 15 / Section 39-15-409
Acquisition of smoking paraphernalia by minor prohibited
Status: in_force

A minor shall not, directly or indirectly, purchase or acquire smoking paraphernalia. Any minor purchasing or acquiring smoking paraphernalia is subject to juvenile proceedings; provided, that a violation of this section by a minor who is eighteen (18) years of age or older is a Class C misdemeanor and such minor is subject to the jurisdiction of the appropriate general sessions court. Amended by 2020 Tenn. Acts, ch. 732, s 23, eff. 1/1/2021. Acts 1989, ch. 591, § 1; 1990, ch. 980, § 7; 1994, ch. 872, § 11.
A minor shall not, directly or indirectly, purchase or acquire smoking paraphernalia. Any minor purchasing or acquiring smoking paraphernalia is subject to juvenile proceedings; provided, that a violation of this section by a minor who is eighteen (18) years of age or older is a Class C misdemeanor and such minor is subject to the jurisdiction of the appropriate general sessions court.
Amended by 2020 Tenn. Acts, ch. 732, s 23, eff. 1/1/2021.
Acts 1989, ch. 591, § 1; 1990, ch. 980, § 7; 1994, ch. 872, § 11.
Tenn. Code Ann. § 39-17-435 — TN Code / Title 39 / Chapter 17 / Section 39-17-435
Initiation of a process intended to result in the manufacture of methamphetamine
Status: in_force

(a) It is an offense for a person to knowingly initiate a process intended to result in the manufacture of any amount of methamphetamine. (b) It shall not be a defense to a violation of this section that the chemical reaction is not complete, that no methamphetamine was actually created, or that the process would not actually create methamphetamine if completed. (c) For purposes of this section, "initiates" means to begin the extraction of an immediate methamphetamine precursor from a commercial product, to begin the active modification of a commercial product for use in methamphetamine creation, or to heat or combine any substance or substances that can be used in methamphetamine creation. (d) Expert testimony of a qualified law enforcement officer shall be admissible for the proposition that a particular process can be used to manufacture methamphetamine. For purposes of this testimony, a rebuttable presumption is created that any commercially sold product contains or contained the product that it is represented to contain on its packaging or labels. (e) A person may not be prosecuted for a violation of this section and of manufacturing a controlled substance in violation of § 39-17-417 based upon the same set of facts. (f) A violation of this section is a Class B felony. Acts 2005, ch. 18, § 10.
(a) It is an offense for a person to knowingly initiate a process intended to result in the manufacture of any amount of methamphetamine.
(b) It shall not be a defense to a violation of this section that the chemical reaction is not complete, that no methamphetamine was actually created, or that the process would not actually create methamphetamine if completed.
(c) For purposes of this section, "initiates" means to begin the extraction of an immediate methamphetamine precursor from a commercial product, to begin the active modification of a commercial product for use in methamphetamine creation, or to heat or combine any substance or substances that can be used in methamphetamine creation.
(d) Expert testimony of a qualified law enforcement officer shall be admissible for the proposition that a particular process can be used to manufacture methamphetamine. For purposes of this testimony, a rebuttable presumption is created that any commercially sold product contains or contained the product that it is represented to contain on its packaging or labels.
(e) A person may not be prosecuted for a violation of this section and of manufacturing a controlled substance in violation of § 39-17-417 based upon the same set of facts.
(f) A violation of this section is a Class B felony.
Acts 2005, ch. 18, § 10.
Tenn. Code Ann. § 39-17-1329 — TN Code / Title 39 / Chapter 17 / Section 39-17-1329
Extreme risk protection orders - Preemption of existing laws - Exceptions
Status: in_force

(a) As used in this section, "extreme risk protection order": (1) Means an executive order or a written order or warrant issued by a judge, magistrate, or other judicial officer, with the primary purpose of reducing the risk of firearm-related death or injury by doing one (1) or more of the following: (A) Prohibiting a named individual from having under the individual's custody or control, owning, possessing, or receiving a firearm; or (B) Removing a firearm from or requiring the surrender of a firearm by a named individual; and (2) Does not include an order of protection issued pursuant to title 36, chapter 3, part 6. (b) Except as otherwise provided by state law, the general assembly preempts the entire field of legislation regarding extreme risk protection orders to the exclusion of all county, city, town, municipality, or metropolitan government law, ordinances, resolutions, enactments, or regulation. (c) A political subdivision of this state is prohibited from accepting a grant or other source of funding for the purpose of implementing an ordinance, rule, executive order, judicial order, or judicial finding that would have the effect of enforcing an extreme risk protection order against a resident of this state. Added by 2024 Tenn. Acts, ch. 1062,s 1, eff. 5/28/2024.
(a) As used in this section, "extreme risk protection order": (1) Means an executive order or a written order or warrant issued by a judge, magistrate, or other judicial officer, with the primary purpose of reducing the risk of firearm-related death or injury by doing one (1) or more of the following: (A) Prohibiting a named individual from having under the individual's custody or control, owning, possessing, or receiving a firearm; or (B) Removing a firearm from or requiring the surrender of a firearm by a named individual; and (2) Does not include an order of protection issued pursuant to title 36, chapter 3, part 6.
(1) Means an executive order or a written order or warrant issued by a judge, magistrate, or other judicial officer, with the primary purpose of reducing the risk of firearm-related death or injury by doing one (1) or more of the following: (A) Prohibiting a named individual from having under the individual's custody or control, owning, possessing, or receiving a firearm; or (B) Removing a firearm from or requiring the surrender of a firearm by a named individual; and
(A) Prohibiting a named individual from having under the individual's custody or control, owning, possessing, or receiving a firearm; or
(B) Removing a firearm from or requiring the surrender of a firearm by a named individual; and
(2) Does not include an order of protection issued pursuant to title 36, chapter 3, part 6.
(b) Except as otherwise provided by state law, the general assembly preempts the entire field of legislation regarding extreme risk protection orders to the exclusion of all county, city, town, municipality, or metropolitan government law, ordinances, resolutions, enactments, or regulation.
(c) A political subdivision of this state is prohibited from accepting a grant or other source of funding for the purpose of implementing an ordinance, rule, executive order, judicial order, or judicial finding that would have the effect of enforcing an extreme risk protection order against a resident of this state.
Added by 2024 Tenn. Acts, ch. 1062,s 1, eff. 5/28/2024.
Tenn. Code Ann. § 39-14-606 — TN Code / Title 39 / Chapter 14 / Section 39-14-606
[Repealed]
Status: repealed

Repealed by 2022 Tenn. Acts, ch. 1042, s 3, eff. 7/1/2022. Acts 2003 , ch. 317, § 8.
Repealed by 2022 Tenn. Acts, ch. 1042, s 3, eff. 7/1/2022.
Acts 2003 , ch. 317, § 8.
Tenn. Code Ann. § 39-15-511 — TN Code / Title 39 / Chapter 15 / Section 39-15-511
Offense of aggravated abuse of elderly or vulnerable adult
Status: in_force

(a) A person commits the offense of aggravated abuse of an elderly or vulnerable adult who knowingly commits abuse pursuant to § 39-15-510 , and: (1) The act results in serious psychological injury or serious physical harm; (2) A deadly weapon is used to accomplish the act or the abuse involves strangulation as defined in § 39-13-102 ; or (3) The abuse results in serious bodily injury. (b) A violation of subdivision (a)(1) is a Class C felony. (c) A violation of subdivision (a)(2) or (a)(3) is a Class B felony. Added by 2019 Tenn. Acts, ch. 474, s 12, eff. 1/1/2020.
(a) A person commits the offense of aggravated abuse of an elderly or vulnerable adult who knowingly commits abuse pursuant to § 39-15-510 , and: (1) The act results in serious psychological injury or serious physical harm; (2) A deadly weapon is used to accomplish the act or the abuse involves strangulation as defined in § 39-13-102 ; or (3) The abuse results in serious bodily injury.
(1) The act results in serious psychological injury or serious physical harm;
(2) A deadly weapon is used to accomplish the act or the abuse involves strangulation as defined in § 39-13-102 ; or
(3) The abuse results in serious bodily injury.
(b) A violation of subdivision (a)(1) is a Class C felony.
(c) A violation of subdivision (a)(2) or (a)(3) is a Class B felony.
Added by 2019 Tenn. Acts, ch. 474, s 12, eff. 1/1/2020.
Tenn. Code Ann. § 39-15-201 — TN Code / Title 39 / Chapter 15 / Section 39-15-201
Abortion trafficking of minors - Penalty - Exclusions and exceptions - Civil Actions
Status: in_force

(a) An adult commits the offense of abortion trafficking of a minor if the adult intentionally recruits, harbors, or transports a pregnant unemancipated minor within this state for the purpose of: (1) Concealing an act that would constitute a criminal abortion under § 39-15-213 from the parents or legal guardian of the pregnant unemancipated minor; (2) Procuring an act that would constitute a criminal abortion under § 39-15-213 for the pregnant unemancipated minor, regardless of where the abortion is to be procured; or (3) Obtaining an abortion-inducing drug for the pregnant unemancipated minor for the purpose of an act that would constitute a criminal abortion under § 39-15-213 , regardless of where the abortion-inducing drug is obtained. (b) A violation of subsection (a) is a Class A misdemeanor and shall be punished by imprisonment for eleven (11) months and twenty-nine (29) days. (c) This section does not apply to: (1) The parents or legal guardian of the unemancipated minor; (2) A person who has obtained the written, notarized consent of the unemancipated minor's parent or legal guardian; (3) A common carrier transporting passengers in the course and scope of their business; or (4) An ambulance driver or operator and any corresponding emergency medical services personnel, as defined in § 68-140-302 , acting within the course and scope of their duties. (d) It is not a defense to a prosecution under this section that the pregnant minor consented to the actions in subsection (a). (e) (1) A person who violates subsection (a) may be held liable in a civil action for the wrongful death of an unborn child who was aborted. (2) The civil action may be brought on behalf of the unborn child by: (A) The biological mother of the unborn child; (B) The biological father of the unborn child, unless the pregnancy resulted from an act committed by the biological father that constitutes an act of: (i) Aggravated rape, as defined in § 39-13-502 ; (ii) Rape, as defined in § 39-13-503 ; (iii) Statutory rape or aggravated statutory rape, as defined in § 39-13-506 ; (iv) Rape of a child, as defined in § 39-13-522 ; (v) Aggravated rape of a child, as defined in § 39-13-531 ; (vi) Statutory rape by an authority figure, as defined in § 39-13-532 ; (vii) Especially aggravated rape, as defined in § 39-13-534 ; (viii) Especially aggravated rape of a child, as defined in § 39-13-535 ; or (ix) Incest, as defined in § 39-15-302 ; or (C) A parent or legal guardian of the unemancipated minor. (3) In a civil action arising from a violation of this section, the plaintiff may recover from the person who violated subsection (a): (A) Economic damages; (B) Noneconomic damages; (C) Punitive damages; and (D) Reasonable attorney fees and court costs. (f) (1) This section does not apply to the provision of a medical diagnosis or consultation regarding pregnancy care of an unemancipated minor. (2) As used in this subsection (f), a medical diagnosis or consultation regarding pregnancy care does not include performing or attempting to perform an abortion, as defined in § 39-15-213 , or arranging for travel for the unemancipated minor to procure an abortion or an abortion-inducing drug without the consent of the unemancipated minor's parent or legal guardian. (3) This section does not prohibit a licensed physician or another person from calling an ambulance for a minor patient if a medical emergency, as defined in § 39-15-218 , exists. Added by 2024 Tenn. Acts, ch. 1032,s 1, eff. 7/1/2024. Prior version repealed by 2023 Tenn. Acts, ch. 313, s 4, eff. 4/28/2023.
(a) An adult commits the offense of abortion trafficking of a minor if the adult intentionally recruits, harbors, or transports a pregnant unemancipated minor within this state for the purpose of: (1) Concealing an act that would constitute a criminal abortion under § 39-15-213 from the parents or legal guardian of the pregnant unemancipated minor; (2) Procuring an act that would constitute a criminal abortion under § 39-15-213 for the pregnant unemancipated minor, regardless of where the abortion is to be procured; or (3) Obtaining an abortion-inducing drug for the pregnant unemancipated minor for the purpose of an act that would constitute a criminal abortion under § 39-15-213 , regardless of where the abortion-inducing drug is obtained.
(1) Concealing an act that would constitute a criminal abortion under § 39-15-213 from the parents or legal guardian of the pregnant unemancipated minor;
(2) Procuring an act that would constitute a criminal abortion under § 39-15-213 for the pregnant unemancipated minor, regardless of where the abortion is to be procured; or
(3) Obtaining an abortion-inducing drug for the pregnant unemancipated minor for the purpose of an act that would constitute a criminal abortion under § 39-15-213 , regardless of where the abortion-inducing drug is obtained.
(b) A violation of subsection (a) is a Class A misdemeanor and shall be punished by imprisonment for eleven (11) months and twenty-nine (29) days.
(c) This section does not apply to: (1) The parents or legal guardian of the unemancipated minor; (2) A person who has obtained the written, notarized consent of the unemancipated minor's parent or legal guardian; (3) A common carrier transporting passengers in the course and scope of their business; or (4) An ambulance driver or operator and any corresponding emergency medical services personnel, as defined in § 68-140-302 , acting within the course and scope of their duties.
(1) The parents or legal guardian of the unemancipated minor;
(2) A person who has obtained the written, notarized consent of the unemancipated minor's parent or legal guardian;
(3) A common carrier transporting passengers in the course and scope of their business; or
(4) An ambulance driver or operator and any corresponding emergency medical services personnel, as defined in § 68-140-302 , acting within the course and scope of their duties.
(d) It is not a defense to a prosecution under this section that the pregnant minor consented to the actions in subsection (a).
(e) (1) A person who violates subsection (a) may be held liable in a civil action for the wrongful death of an unborn child who was aborted. (2) The civil action may be brought on behalf of the unborn child by: (A) The biological mother of the unborn child; (B) The biological father of the unborn child, unless the pregnancy resulted from an act committed by the biological father that constitutes an act of: (i) Aggravated rape, as defined in § 39-13-502 ; (ii) Rape, as defined in § 39-13-503 ; (iii) Statutory rape or aggravated statutory rape, as defined in § 39-13-506 ; (iv) Rape of a child, as defined in § 39-13-522 ; (v) Aggravated rape of a child, as defined in § 39-13-531 ; (vi) Statutory rape by an authority figure, as defined in § 39-13-532 ; (vii) Especially aggravated rape, as defined in § 39-13-534 ; (viii) Especially aggravated rape of a child, as defined in § 39-13-535 ; or (ix) Incest, as defined in § 39-15-302 ; or (C) A parent or legal guardian of the unemancipated minor. (3) In a civil action arising from a violation of this section, the plaintiff may recover from the person who violated subsection (a): (A) Economic damages; (B) Noneconomic damages; (C) Punitive damages; and (D) Reasonable attorney fees and court costs.
(1) A person who violates subsection (a) may be held liable in a civil action for the wrongful death of an unborn child who was aborted.
(2) The civil action may be brought on behalf of the unborn child by: (A) The biological mother of the unborn child; (B) The biological father of the unborn child, unless the pregnancy resulted from an act committed by the biological father that constitutes an act of: (i) Aggravated rape, as defined in § 39-13-502 ; (ii) Rape, as defined in § 39-13-503 ; (iii) Statutory rape or aggravated statutory rape, as defined in § 39-13-506 ; (iv) Rape of a child, as defined in § 39-13-522 ; (v) Aggravated rape of a child, as defined in § 39-13-531 ; (vi) Statutory rape by an authority figure, as defined in § 39-13-532 ; (vii) Especially aggravated rape, as defined in § 39-13-534 ; (viii) Especially aggravated rape of a child, as defined in § 39-13-535 ; or (ix) Incest, as defined in § 39-15-302 ; or (C) A parent or legal guardian of the unemancipated minor.
(A) The biological mother of the unborn child;
(B) The biological father of the unborn child, unless the pregnancy resulted from an act committed by the biological father that constitutes an act of: (i) Aggravated rape, as defined in § 39-13-502 ; (ii) Rape, as defined in § 39-13-503 ; (iii) Statutory rape or aggravated statutory rape, as defined in § 39-13-506 ; (iv) Rape of a child, as defined in § 39-13-522 ; (v) Aggravated rape of a child, as defined in § 39-13-531 ; (vi) Statutory rape by an authority figure, as defined in § 39-13-532 ; (vii) Especially aggravated rape, as defined in § 39-13-534 ; (viii) Especially aggravated rape of a child, as defined in § 39-13-535 ; or (ix) Incest, as defined in § 39-15-302 ; or
(i) Aggravated rape, as defined in § 39-13-502 ;
(ii) Rape, as defined in § 39-13-503 ;
(iii) Statutory rape or aggravated statutory rape, as defined in § 39-13-506 ;
(iv) Rape of a child, as defined in § 39-13-522 ;
(v) Aggravated rape of a child, as defined in § 39-13-531 ;
(vi) Statutory rape by an authority figure, as defined in § 39-13-532 ;
(vii) Especially aggravated rape, as defined in § 39-13-534 ;
(viii) Especially aggravated rape of a child, as defined in § 39-13-535 ; or
(ix) Incest, as defined in § 39-15-302 ; or
(C) A parent or legal guardian of the unemancipated minor.
(3) In a civil action arising from a violation of this section, the plaintiff may recover from the person who violated subsection (a): (A) Economic damages; (B) Noneconomic damages; (C) Punitive damages; and (D) Reasonable attorney fees and court costs.
(A) Economic damages;
(B) Noneconomic damages;
(C) Punitive damages; and
(D) Reasonable attorney fees and court costs.
(f) (1) This section does not apply to the provision of a medical diagnosis or consultation regarding pregnancy care of an unemancipated minor. (2) As used in this subsection (f), a medical diagnosis or consultation regarding pregnancy care does not include performing or attempting to perform an abortion, as defined in § 39-15-213 , or arranging for travel for the unemancipated minor to procure an abortion or an abortion-inducing drug without the consent of the unemancipated minor's parent or legal guardian. (3) This section does not prohibit a licensed physician or another person from calling an ambulance for a minor patient if a medical emergency, as defined in § 39-15-218 , exists.
(1) This section does not apply to the provision of a medical diagnosis or consultation regarding pregnancy care of an unemancipated minor.
(2) As used in this subsection (f), a medical diagnosis or consultation regarding pregnancy care does not include performing or attempting to perform an abortion, as defined in § 39-15-213 , or arranging for travel for the unemancipated minor to procure an abortion or an abortion-inducing drug without the consent of the unemancipated minor's parent or legal guardian.
(3) This section does not prohibit a licensed physician or another person from calling an ambulance for a minor patient if a medical emergency, as defined in § 39-15-218 , exists.
Added by 2024 Tenn. Acts, ch. 1032,s 1, eff. 7/1/2024.
Prior version repealed by 2023 Tenn. Acts, ch. 313, s 4, eff. 4/28/2023.
Tenn. Code Ann. § 39-13-110 — TN Code / Title 39 / Chapter 13 / Section 39-13-110
Female genital mutilation
Status: in_force

(a) As used in this section: (1) "Facilitate" means raising, soliciting, collecting, or providing material support or resources with intent that such will be used, in whole or in part, to plan, prepare, carry out, or aid in any act of female genital mutilation or hindering the prosecution of an act of female genital mutilation or the concealment of an act of female genital mutilation; (2) "Female genital mutilation," "mutilate," or "mutilation" means: (A) The excision, infibulation or circumcision, in whole or in part, of the labia majora, labia minora, or clitoris of another; (B) The narrowing of the vaginal opening through the creation of a covering seal formed by cutting and repositioning the inner or outer labia, with or without the removal of the clitoris; or (C) Any harmful procedure to the genitalia, including pricking, piercing, incising, scraping, or cauterizing; provided, however, that body piercing, pursuant to title 62, chapter 38, part 3, when performed on a consenting adult, is not female genital mutilation; (3) "Hindering the prosecution of female genital mutilation" includes, but is not limited to, the following: (A) Harboring or concealing a person who is known or believed by the facilitator to be planning to commit an act of female genital mutilation; (B) Warning a person who is known or believed by the facilitator to be planning to commit an act of female genital mutilation of impending discovery or apprehension; or (C) Suppressing any physical evidence that might aid in the discovery or apprehension of a person who is known or believed by the facilitator to be planning to commit an act of female genital mutilation; and (4) "Material support or resources" means currency or other financial securities, financial services, instruments of value, lodging, training, false documentation or identification, medical equipment, computer equipment, software, facilities, personnel, transportation, and other physical assets. (b) It is an offense for a person to: (1) Knowingly mutilate a female; (2) Knowingly facilitate the mutilation of a female; or (3) Knowingly transport or facilitate the transportation of a female for the purpose of mutilation. (c) A violation of subsection (b) is a Class D felony. (d) It shall not be a defense to prosecution for a violation of subsection (b) that a female genital mutilation procedure is: (1) Required as a matter of belief, custom, or ritual; (2) Consented to by the minor on whom the procedure is performed; or (3) Consented to by the parent or legal guardian of the minor on whom the procedure is performed. (e) A procedure is not a violation of subsection (b) if the procedure is: (1) Necessary to the physical health of the person on whom the procedure is performed; (2) Performed on a person who is in labor or who has just given birth for medical purposes connected with that labor or birth; or (3) Cosmetic rejuvenation and reconstruction in accordance with the standards of the American college of obstetrics and gynecology. (f) Any physician, physician in training, certified nurse or midwife, or any other medical professional who performs, participates in, or facilitates a female genital mutilation procedure that does not fall under an exception listed in subsection (e) shall, in addition to the criminal penalties under this section, be subject to disciplinary action by the appropriate licensing board. (g) Nothing in this section prohibits prosecution under any other law. (h) All property, including money, used in the course of, intended for use in the course of, derived from, or realized through, conduct in violation of subsection (b) is subject to civil forfeiture in accordance with §§ 39-11-701 - 39-11-717. (i) (1) A victim of female genital mutilation may bring an action under this subsection (i) against a person or an entity who: (A) Knowingly mutilated or attempted to mutilate the victim; (B) Knowingly facilitated the victim's mutilation; or (C) Knowingly transported or facilitated the victim's transportation outside of this state for the purpose of mutilation. (2) In an action under this subsection (i), the court may award all of the following: (A) Damages, including, but not limited to, damages or loss due to pain, suffering, inconvenience, physical impairment, physical disfigurement, loss of society and companionship, and loss of consortium; (B) Two (2) times the amount of damages sustained; and (C) Reasonable attorney's fees and costs. (3) If the victim is a minor whose legal guardian is alleged to have committed or facilitated the female genital mutilation, then a court may appoint a guardian ad litem to represent the minor. (j) Any person or entity who knowingly commits an act of female genital mutilation, knowingly facilitates an act of female genital mutilation, or intentionally coerces, induces, or solicits a person who commits an act of female genital mutilation, shall be liable jointly and severally for all damages, attorney's fees, and costs awarded under subsection (i). (k) (1) Notwithstanding § 28-3-104 , a victim of female genital mutilation may commence an action under this section to recover damages sustained because of the female genital mutilation at any time prior to five (5) years after the commission of the act of female genital mutilation or, if the victim was a child at the time of the act, before the victim reaches twenty-one (21) years of age, whichever occurs later. (2) If a criminal prosecution under this section proceeds against any person who committed the act of female genital mutilation, facilitated the actions of the person who committed the act of female genital mutilation, or coerced, induced, or solicited the person who committed the act of female genital mutilation, the running of the period shall be suspended during the pendency of such prosecution. (l) A final judgment or decree rendered in favor of the state in any criminal proceeding under this section shall preclude the defendant from denying the essential facts established in that proceeding in any subsequent civil action pursuant to chapter 268 of the Public Acts of 2019. Amended by 2019 Tenn. Acts, ch. 268,s 1, eff. 7/1/2019. Acts 1996, ch. 857, § 2.
(a) As used in this section: (1) "Facilitate" means raising, soliciting, collecting, or providing material support or resources with intent that such will be used, in whole or in part, to plan, prepare, carry out, or aid in any act of female genital mutilation or hindering the prosecution of an act of female genital mutilation or the concealment of an act of female genital mutilation; (2) "Female genital mutilation," "mutilate," or "mutilation" means: (A) The excision, infibulation or circumcision, in whole or in part, of the labia majora, labia minora, or clitoris of another; (B) The narrowing of the vaginal opening through the creation of a covering seal formed by cutting and repositioning the inner or outer labia, with or without the removal of the clitoris; or (C) Any harmful procedure to the genitalia, including pricking, piercing, incising, scraping, or cauterizing; provided, however, that body piercing, pursuant to title 62, chapter 38, part 3, when performed on a consenting adult, is not female genital mutilation; (3) "Hindering the prosecution of female genital mutilation" includes, but is not limited to, the following: (A) Harboring or concealing a person who is known or believed by the facilitator to be planning to commit an act of female genital mutilation; (B) Warning a person who is known or believed by the facilitator to be planning to commit an act of female genital mutilation of impending discovery or apprehension; or (C) Suppressing any physical evidence that might aid in the discovery or apprehension of a person who is known or believed by the facilitator to be planning to commit an act of female genital mutilation; and (4) "Material support or resources" means currency or other financial securities, financial services, instruments of value, lodging, training, false documentation or identification, medical equipment, computer equipment, software, facilities, personnel, transportation, and other physical assets.
(1) "Facilitate" means raising, soliciting, collecting, or providing material support or resources with intent that such will be used, in whole or in part, to plan, prepare, carry out, or aid in any act of female genital mutilation or hindering the prosecution of an act of female genital mutilation or the concealment of an act of female genital mutilation;
(2) "Female genital mutilation," "mutilate," or "mutilation" means: (A) The excision, infibulation or circumcision, in whole or in part, of the labia majora, labia minora, or clitoris of another; (B) The narrowing of the vaginal opening through the creation of a covering seal formed by cutting and repositioning the inner or outer labia, with or without the removal of the clitoris; or (C) Any harmful procedure to the genitalia, including pricking, piercing, incising, scraping, or cauterizing; provided, however, that body piercing, pursuant to title 62, chapter 38, part 3, when performed on a consenting adult, is not female genital mutilation;
(A) The excision, infibulation or circumcision, in whole or in part, of the labia majora, labia minora, or clitoris of another;
(B) The narrowing of the vaginal opening through the creation of a covering seal formed by cutting and repositioning the inner or outer labia, with or without the removal of the clitoris; or
(C) Any harmful procedure to the genitalia, including pricking, piercing, incising, scraping, or cauterizing; provided, however, that body piercing, pursuant to title 62, chapter 38, part 3, when performed on a consenting adult, is not female genital mutilation;
(3) "Hindering the prosecution of female genital mutilation" includes, but is not limited to, the following: (A) Harboring or concealing a person who is known or believed by the facilitator to be planning to commit an act of female genital mutilation; (B) Warning a person who is known or believed by the facilitator to be planning to commit an act of female genital mutilation of impending discovery or apprehension; or (C) Suppressing any physical evidence that might aid in the discovery or apprehension of a person who is known or believed by the facilitator to be planning to commit an act of female genital mutilation; and
(A) Harboring or concealing a person who is known or believed by the facilitator to be planning to commit an act of female genital mutilation;
(B) Warning a person who is known or believed by the facilitator to be planning to commit an act of female genital mutilation of impending discovery or apprehension; or
(C) Suppressing any physical evidence that might aid in the discovery or apprehension of a person who is known or believed by the facilitator to be planning to commit an act of female genital mutilation; and
(4) "Material support or resources" means currency or other financial securities, financial services, instruments of value, lodging, training, false documentation or identification, medical equipment, computer equipment, software, facilities, personnel, transportation, and other physical assets.
(b) It is an offense for a person to: (1) Knowingly mutilate a female; (2) Knowingly facilitate the mutilation of a female; or (3) Knowingly transport or facilitate the transportation of a female for the purpose of mutilation.
(1) Knowingly mutilate a female;
(2) Knowingly facilitate the mutilation of a female; or
(3) Knowingly transport or facilitate the transportation of a female for the purpose of mutilation.
(c) A violation of subsection (b) is a Class D felony.
(d) It shall not be a defense to prosecution for a violation of subsection (b) that a female genital mutilation procedure is: (1) Required as a matter of belief, custom, or ritual; (2) Consented to by the minor on whom the procedure is performed; or (3) Consented to by the parent or legal guardian of the minor on whom the procedure is performed.
(1) Required as a matter of belief, custom, or ritual;
(2) Consented to by the minor on whom the procedure is performed; or
(3) Consented to by the parent or legal guardian of the minor on whom the procedure is performed.
(e) A procedure is not a violation of subsection (b) if the procedure is: (1) Necessary to the physical health of the person on whom the procedure is performed; (2) Performed on a person who is in labor or who has just given birth for medical purposes connected with that labor or birth; or (3) Cosmetic rejuvenation and reconstruction in accordance with the standards of the American college of obstetrics and gynecology.
(1) Necessary to the physical health of the person on whom the procedure is performed;
(2) Performed on a person who is in labor or who has just given birth for medical purposes connected with that labor or birth; or
(3) Cosmetic rejuvenation and reconstruction in accordance with the standards of the American college of obstetrics and gynecology.
(f) Any physician, physician in training, certified nurse or midwife, or any other medical professional who performs, participates in, or facilitates a female genital mutilation procedure that does not fall under an exception listed in subsection (e) shall, in addition to the criminal penalties under this section, be subject to disciplinary action by the appropriate licensing board.
(g) Nothing in this section prohibits prosecution under any other law.
(h) All property, including money, used in the course of, intended for use in the course of, derived from, or realized through, conduct in violation of subsection (b) is subject to civil forfeiture in accordance with §§ 39-11-701 - 39-11-717.
(i) (1) A victim of female genital mutilation may bring an action under this subsection (i) against a person or an entity who: (A) Knowingly mutilated or attempted to mutilate the victim; (B) Knowingly facilitated the victim's mutilation; or (C) Knowingly transported or facilitated the victim's transportation outside of this state for the purpose of mutilation. (2) In an action under this subsection (i), the court may award all of the following: (A) Damages, including, but not limited to, damages or loss due to pain, suffering, inconvenience, physical impairment, physical disfigurement, loss of society and companionship, and loss of consortium; (B) Two (2) times the amount of damages sustained; and (C) Reasonable attorney's fees and costs. (3) If the victim is a minor whose legal guardian is alleged to have committed or facilitated the female genital mutilation, then a court may appoint a guardian ad litem to represent the minor.
(1) A victim of female genital mutilation may bring an action under this subsection (i) against a person or an entity who: (A) Knowingly mutilated or attempted to mutilate the victim; (B) Knowingly facilitated the victim's mutilation; or (C) Knowingly transported or facilitated the victim's transportation outside of this state for the purpose of mutilation.
(A) Knowingly mutilated or attempted to mutilate the victim;
(B) Knowingly facilitated the victim's mutilation; or
(C) Knowingly transported or facilitated the victim's transportation outside of this state for the purpose of mutilation.
(2) In an action under this subsection (i), the court may award all of the following: (A) Damages, including, but not limited to, damages or loss due to pain, suffering, inconvenience, physical impairment, physical disfigurement, loss of society and companionship, and loss of consortium; (B) Two (2) times the amount of damages sustained; and (C) Reasonable attorney's fees and costs.
(A) Damages, including, but not limited to, damages or loss due to pain, suffering, inconvenience, physical impairment, physical disfigurement, loss of society and companionship, and loss of consortium;
(B) Two (2) times the amount of damages sustained; and
(C) Reasonable attorney's fees and costs.
(3) If the victim is a minor whose legal guardian is alleged to have committed or facilitated the female genital mutilation, then a court may appoint a guardian ad litem to represent the minor.
(j) Any person or entity who knowingly commits an act of female genital mutilation, knowingly facilitates an act of female genital mutilation, or intentionally coerces, induces, or solicits a person who commits an act of female genital mutilation, shall be liable jointly and severally for all damages, attorney's fees, and costs awarded under subsection (i).
(k) (1) Notwithstanding § 28-3-104 , a victim of female genital mutilation may commence an action under this section to recover damages sustained because of the female genital mutilation at any time prior to five (5) years after the commission of the act of female genital mutilation or, if the victim was a child at the time of the act, before the victim reaches twenty-one (21) years of age, whichever occurs later. (2) If a criminal prosecution under this section proceeds against any person who committed the act of female genital mutilation, facilitated the actions of the person who committed the act of female genital mutilation, or coerced, induced, or solicited the person who committed the act of female genital mutilation, the running of the period shall be suspended during the pendency of such prosecution.
(1) Notwithstanding § 28-3-104 , a victim of female genital mutilation may commence an action under this section to recover damages sustained because of the female genital mutilation at any time prior to five (5) years after the commission of the act of female genital mutilation or, if the victim was a child at the time of the act, before the victim reaches twenty-one (21) years of age, whichever occurs later.
(2) If a criminal prosecution under this section proceeds against any person who committed the act of female genital mutilation, facilitated the actions of the person who committed the act of female genital mutilation, or coerced, induced, or solicited the person who committed the act of female genital mutilation, the running of the period shall be suspended during the pendency of such prosecution.
(l) A final judgment or decree rendered in favor of the state in any criminal proceeding under this section shall preclude the defendant from denying the essential facts established in that proceeding in any subsequent civil action pursuant to chapter 268 of the Public Acts of 2019.
Amended by 2019 Tenn. Acts, ch. 268,s 1, eff. 7/1/2019.
Acts 1996, ch. 857, § 2.
Tenn. Code Ann. § 39-14-802 — TN Code / Title 39 / Chapter 14 / Section 39-14-802
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Actor" means a person accused of any of the offenses defined in this part; (2) "Animal" means any warm-blooded or cold-blooded animal or insect which is being used in food or fiber production, agriculture, research, testing, or education, including, but not limited to, hogs, equines, mules, cattle, sheep, goats, dogs, rabbits, poultry, fish, and bees. "Animal" does not include any animal held primarily as a pet; (3) "Animal facility" means any vehicle, building, structure, pasture, paddock, pond, impoundment, or premises where an animal is kept, handled, housed, exhibited, bred, or offered for sale and any office, building, or structure where records or documents relating to an animal or to animal research, testing, production, or education are maintained; (4) "Commissioner" means the commissioner of agriculture; (5) "Consent" means assent in fact, whether express or implied, by the owner or by a person legally authorized to act for the owner which is not: (A) Induced by force, threat, false pretenses, or fraud; (B) Given by a person the actor knows, or should have known, is not legally authorized to act for the owner; (C) Given by a person who by reason of youth, mental disease or defect, if intoxication is known, or should have been known, by the actor to be unable to make reasonable decisions; or (D) Given solely to detect the commission of an offense; (6) "Deprive" means unlawfully to withhold from the owner, interfere with the possession of, free, or dispose of an animal or other property; (7) "Disrupt" means to engage in conduct that materially interferes with the operations of the animal facility in a manner such that the activities conducted by or in the facility are permanently or temporarily halted, compromised, delayed, harmed or impaired; (8) "Owner" means a person who has title to the property, lawful possession of the property, or a greater right to possession of the property than the actor; (9) "Person" means any individual, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership, two (2) or more persons having a joint or common interest, or other legal entity; (10) "Possession" means actual care, custody, control, or management; (11) "Property" means any real or personal property and includes any document, record, research data, paper, or computer storage medium; and (12) "State" means the state of Tennessee. Amended by 2014 Tenn. Acts, ch. 893,s 1, eff. 7/1/2014. Acts 1992, ch. 782, § 3.
As used in this part, unless the context otherwise requires:
(1) "Actor" means a person accused of any of the offenses defined in this part;
(2) "Animal" means any warm-blooded or cold-blooded animal or insect which is being used in food or fiber production, agriculture, research, testing, or education, including, but not limited to, hogs, equines, mules, cattle, sheep, goats, dogs, rabbits, poultry, fish, and bees. "Animal" does not include any animal held primarily as a pet;
(3) "Animal facility" means any vehicle, building, structure, pasture, paddock, pond, impoundment, or premises where an animal is kept, handled, housed, exhibited, bred, or offered for sale and any office, building, or structure where records or documents relating to an animal or to animal research, testing, production, or education are maintained;
(4) "Commissioner" means the commissioner of agriculture;
(5) "Consent" means assent in fact, whether express or implied, by the owner or by a person legally authorized to act for the owner which is not: (A) Induced by force, threat, false pretenses, or fraud; (B) Given by a person the actor knows, or should have known, is not legally authorized to act for the owner; (C) Given by a person who by reason of youth, mental disease or defect, if intoxication is known, or should have been known, by the actor to be unable to make reasonable decisions; or (D) Given solely to detect the commission of an offense;
(A) Induced by force, threat, false pretenses, or fraud;
(B) Given by a person the actor knows, or should have known, is not legally authorized to act for the owner;
(C) Given by a person who by reason of youth, mental disease or defect, if intoxication is known, or should have been known, by the actor to be unable to make reasonable decisions; or
(D) Given solely to detect the commission of an offense;
(6) "Deprive" means unlawfully to withhold from the owner, interfere with the possession of, free, or dispose of an animal or other property;
(7) "Disrupt" means to engage in conduct that materially interferes with the operations of the animal facility in a manner such that the activities conducted by or in the facility are permanently or temporarily halted, compromised, delayed, harmed or impaired;
(8) "Owner" means a person who has title to the property, lawful possession of the property, or a greater right to possession of the property than the actor;
(9) "Person" means any individual, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership, two (2) or more persons having a joint or common interest, or other legal entity;
(10) "Possession" means actual care, custody, control, or management;
(11) "Property" means any real or personal property and includes any document, record, research data, paper, or computer storage medium; and
(12) "State" means the state of Tennessee.
Amended by 2014 Tenn. Acts, ch. 893,s 1, eff. 7/1/2014.
Acts 1992, ch. 782, § 3.
Tenn. Code Ann. § 39-14-505 — TN Code / Title 39 / Chapter 14 / Section 39-14-505
Offense of aggravated criminal littering
Status: in_force

(a) Aggravated criminal littering is littering: (1) In an amount exceeding ten pounds (10 lbs.) in weight or fifteen (15) cubic feet in volume; or (2) In any amount for any commercial purpose, including knowingly placing, dropping, or throwing two (2) or more tires on any public or private property without permission and without immediately removing it. (b) (1) Except as provided in subdivision (b)(2), aggravated criminal littering is a Class A misdemeanor. If the amount of litter exceeds one hundred pounds (100 lbs.) in weight or thirty (30) cubic feet in volume, then the defendant is subject to imprisonment as provided by law or a fine of not less than two thousand five hundred dollars ($2,500), nor more than four thousand dollars ($4,000), or both. (2) Aggravated criminal littering is a Class E felony upon: (A) The third conviction in any amount exceeding ten pounds (10 lbs.) in weight or fifteen (15) cubic feet in volume; (B) The second conviction in any amount exceeding one thousand pounds (1,000 lbs.) in weight or two hundred (200) cubic feet in volume or in any amount for a commercial purpose; or (C) The first conviction involving more than eight (8) tires that were placed, dropped, or thrown for a commercial purpose. (c) In addition to the penalties established in this section, the court shall require a person convicted under subsection (a) to remove litter from the state or local highway system, public playgrounds, public parks or other appropriate public locations for not more than one hundred sixty (160) hours. The court, in its discretion, may also require a person convicted under this section to work in a recycling center or other appropriate location for any stated period of time not to exceed eight (8) hours. Amended by 2022 Tenn. Acts, ch. 1105, s 2, eff. 7/1/2022. Amended by 2014 Tenn. Acts, ch. 797, s 1, eff. 7/1/2014. Acts 2007 , ch. 595, § 1.
(a) Aggravated criminal littering is littering: (1) In an amount exceeding ten pounds (10 lbs.) in weight or fifteen (15) cubic feet in volume; or (2) In any amount for any commercial purpose, including knowingly placing, dropping, or throwing two (2) or more tires on any public or private property without permission and without immediately removing it.
(1) In an amount exceeding ten pounds (10 lbs.) in weight or fifteen (15) cubic feet in volume; or
(2) In any amount for any commercial purpose, including knowingly placing, dropping, or throwing two (2) or more tires on any public or private property without permission and without immediately removing it.
(b) (1) Except as provided in subdivision (b)(2), aggravated criminal littering is a Class A misdemeanor. If the amount of litter exceeds one hundred pounds (100 lbs.) in weight or thirty (30) cubic feet in volume, then the defendant is subject to imprisonment as provided by law or a fine of not less than two thousand five hundred dollars ($2,500), nor more than four thousand dollars ($4,000), or both. (2) Aggravated criminal littering is a Class E felony upon: (A) The third conviction in any amount exceeding ten pounds (10 lbs.) in weight or fifteen (15) cubic feet in volume; (B) The second conviction in any amount exceeding one thousand pounds (1,000 lbs.) in weight or two hundred (200) cubic feet in volume or in any amount for a commercial purpose; or (C) The first conviction involving more than eight (8) tires that were placed, dropped, or thrown for a commercial purpose.
(1) Except as provided in subdivision (b)(2), aggravated criminal littering is a Class A misdemeanor. If the amount of litter exceeds one hundred pounds (100 lbs.) in weight or thirty (30) cubic feet in volume, then the defendant is subject to imprisonment as provided by law or a fine of not less than two thousand five hundred dollars ($2,500), nor more than four thousand dollars ($4,000), or both.
(2) Aggravated criminal littering is a Class E felony upon: (A) The third conviction in any amount exceeding ten pounds (10 lbs.) in weight or fifteen (15) cubic feet in volume; (B) The second conviction in any amount exceeding one thousand pounds (1,000 lbs.) in weight or two hundred (200) cubic feet in volume or in any amount for a commercial purpose; or (C) The first conviction involving more than eight (8) tires that were placed, dropped, or thrown for a commercial purpose.
(A) The third conviction in any amount exceeding ten pounds (10 lbs.) in weight or fifteen (15) cubic feet in volume;
(B) The second conviction in any amount exceeding one thousand pounds (1,000 lbs.) in weight or two hundred (200) cubic feet in volume or in any amount for a commercial purpose; or
(C) The first conviction involving more than eight (8) tires that were placed, dropped, or thrown for a commercial purpose.
(c) In addition to the penalties established in this section, the court shall require a person convicted under subsection (a) to remove litter from the state or local highway system, public playgrounds, public parks or other appropriate public locations for not more than one hundred sixty (160) hours. The court, in its discretion, may also require a person convicted under this section to work in a recycling center or other appropriate location for any stated period of time not to exceed eight (8) hours.
Amended by 2022 Tenn. Acts, ch. 1105, s 2, eff. 7/1/2022.
Amended by 2014 Tenn. Acts, ch. 797, s 1, eff. 7/1/2014.
Acts 2007 , ch. 595, § 1.
Tenn. Code Ann. § 39-13-529 — TN Code / Title 39 / Chapter 13 / Section 39-13-529
Offense of soliciting sexual exploitation of a minor - Exploitation of a minor by electronic means
Status: in_force

(a) It is an offense for a person eighteen (18) years of age or older, by means of oral, written or electronic communication, electronic mail or internet service, including webcam communications, directly or through another, to intentionally command, hire, persuade, induce or cause a minor to engage in simulated sexual activity that is patently offensive or in sexual activity, where such simulated sexual activity or sexual activity is observed by that person or by another. (b) It is unlawful for any person eighteen (18) years of age or older, directly or by means of electronic communication, electronic mail or internet service, including webcam communications, to intentionally: (1) Engage in simulated sexual activity that is patently offensive or in sexual activity for the purpose of having the minor view the simulated sexual activity or sexual activity, including circumstances where the minor is in the presence of the person, or where the minor views such activity via electronic communication, including electronic mail, internet service and webcam communications; (2) Display to a minor, or expose a minor to, any material containing simulated sexual activity that is patently offensive or sexual activity if the purpose of the display can reasonably be construed as being for the sexual arousal or gratification of the minor or the person displaying the material; or (3) Display to a law enforcement officer posing as a minor, and whom the person making the display reasonably believes to be less than eighteen (18) years of age, any material containing simulated sexual activity that is patently offensive or sexual activity, if the purpose of the display can reasonably be construed as being for the sexual arousal or gratification of the intended minor or the person displaying the material. (4) (A) Except as provided in subdivision (b)(4)(B), it is an exception to the application of this subsection (b) that the victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is no more than four (4) years older than the victim. (B) Subdivision (b)(4)(A) shall not apply or be an exception to the application of this subsection (b), if the defendant intentionally commanded, hired, induced or caused the victim to violate this subsection (b). (c) A person is subject to prosecution in this state under this section for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where the conduct involved a minor located in this state or the solicitation of a law enforcement officer posing as a minor located in this state. (d) As used in this section: (1) "Community" means the judicial district, as defined by § 16-2-506 , in which a violation is alleged to have occurred; (2) "Material" means: (A) Any picture, drawing, photograph, undeveloped film or film negative, motion picture film, videocassette tape or other pictorial representation; (B) Any statue, figure, theatrical production or electrical reproduction; (C) Any image stored on a computer hard drive, a computer disk of any type, or any other medium designed to store information for later retrieval; or (D) Any image transmitted to a computer or other electronic media or video screen, by telephone line, cable, satellite transmission, or other method that is capable of further transmission, manipulation, storage or accessing, even if not stored or saved at the time of transmission; (3) "Patently offensive" means that which goes substantially beyond customary limits of candor in describing or representing such matters; and (4) "Sexual activity" means any of the following acts: (A) Vaginal, anal or oral intercourse, whether done with another person or an animal; (B) Masturbation, whether done alone or with another human or an animal; (C) Patently offensive, as determined by contemporary community standards, physical contact with or touching of a person's clothed or unclothed genitals, pubic area, buttocks or breasts in an act of apparent sexual stimulation or sexual abuse; (D) Sadomasochistic abuse, including flagellation, torture, physical restraint, domination or subordination by or upon a person for the purpose of sexual gratification of any person; (E) The insertion of any part of a person's body or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure by a licensed professional; (F) Patently offensive, as determined by contemporary community standards, conduct, representations, depictions or descriptions of excretory functions; or (G) Exhibition of the female breast, genitals, buttocks, anus, or pubic or rectal area of any person that can be reasonably construed as being for the purpose of the sexual arousal or gratification of the defendant or another. (e) (1) A violation of subsection (a) is a Class B felony. (2) A violation of subsection (b) is a Class E felony; provided, that, if the minor is less than thirteen (13) years of age, the violation is a Class C felony. (f) It shall not be a defense to a violation of this section that a minor victim of the offense consented to the conduct that constituted the offense. Amended by 2023 Tenn. Acts, ch. 209, s 1, eff. 7/1/2023. Amended by 2013 Tenn. Acts, ch. 416, s 2, eff. 7/1/2013. Amended by 2013 Tenn. Acts, ch. 350, s 1, eff. 7/1/2013. Amended by 2013 Tenn. Acts, ch. 337, s 2, eff. 7/1/2013. Acts 2005, ch. 496, § 6; 2011 , ch. 393, § 1; 2012 , ch. 732, §§ 1, 2; 2012 , ch. 876, § 1.
(a) It is an offense for a person eighteen (18) years of age or older, by means of oral, written or electronic communication, electronic mail or internet service, including webcam communications, directly or through another, to intentionally command, hire, persuade, induce or cause a minor to engage in simulated sexual activity that is patently offensive or in sexual activity, where such simulated sexual activity or sexual activity is observed by that person or by another.
(b) It is unlawful for any person eighteen (18) years of age or older, directly or by means of electronic communication, electronic mail or internet service, including webcam communications, to intentionally: (1) Engage in simulated sexual activity that is patently offensive or in sexual activity for the purpose of having the minor view the simulated sexual activity or sexual activity, including circumstances where the minor is in the presence of the person, or where the minor views such activity via electronic communication, including electronic mail, internet service and webcam communications; (2) Display to a minor, or expose a minor to, any material containing simulated sexual activity that is patently offensive or sexual activity if the purpose of the display can reasonably be construed as being for the sexual arousal or gratification of the minor or the person displaying the material; or (3) Display to a law enforcement officer posing as a minor, and whom the person making the display reasonably believes to be less than eighteen (18) years of age, any material containing simulated sexual activity that is patently offensive or sexual activity, if the purpose of the display can reasonably be construed as being for the sexual arousal or gratification of the intended minor or the person displaying the material. (4) (A) Except as provided in subdivision (b)(4)(B), it is an exception to the application of this subsection (b) that the victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is no more than four (4) years older than the victim. (B) Subdivision (b)(4)(A) shall not apply or be an exception to the application of this subsection (b), if the defendant intentionally commanded, hired, induced or caused the victim to violate this subsection (b).
(1) Engage in simulated sexual activity that is patently offensive or in sexual activity for the purpose of having the minor view the simulated sexual activity or sexual activity, including circumstances where the minor is in the presence of the person, or where the minor views such activity via electronic communication, including electronic mail, internet service and webcam communications;
(2) Display to a minor, or expose a minor to, any material containing simulated sexual activity that is patently offensive or sexual activity if the purpose of the display can reasonably be construed as being for the sexual arousal or gratification of the minor or the person displaying the material; or
(3) Display to a law enforcement officer posing as a minor, and whom the person making the display reasonably believes to be less than eighteen (18) years of age, any material containing simulated sexual activity that is patently offensive or sexual activity, if the purpose of the display can reasonably be construed as being for the sexual arousal or gratification of the intended minor or the person displaying the material.
(4) (A) Except as provided in subdivision (b)(4)(B), it is an exception to the application of this subsection (b) that the victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is no more than four (4) years older than the victim. (B) Subdivision (b)(4)(A) shall not apply or be an exception to the application of this subsection (b), if the defendant intentionally commanded, hired, induced or caused the victim to violate this subsection (b).
(A) Except as provided in subdivision (b)(4)(B), it is an exception to the application of this subsection (b) that the victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is no more than four (4) years older than the victim.
(B) Subdivision (b)(4)(A) shall not apply or be an exception to the application of this subsection (b), if the defendant intentionally commanded, hired, induced or caused the victim to violate this subsection (b).
(c) A person is subject to prosecution in this state under this section for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where the conduct involved a minor located in this state or the solicitation of a law enforcement officer posing as a minor located in this state.
(d) As used in this section: (1) "Community" means the judicial district, as defined by § 16-2-506 , in which a violation is alleged to have occurred; (2) "Material" means: (A) Any picture, drawing, photograph, undeveloped film or film negative, motion picture film, videocassette tape or other pictorial representation; (B) Any statue, figure, theatrical production or electrical reproduction; (C) Any image stored on a computer hard drive, a computer disk of any type, or any other medium designed to store information for later retrieval; or (D) Any image transmitted to a computer or other electronic media or video screen, by telephone line, cable, satellite transmission, or other method that is capable of further transmission, manipulation, storage or accessing, even if not stored or saved at the time of transmission; (3) "Patently offensive" means that which goes substantially beyond customary limits of candor in describing or representing such matters; and (4) "Sexual activity" means any of the following acts: (A) Vaginal, anal or oral intercourse, whether done with another person or an animal; (B) Masturbation, whether done alone or with another human or an animal; (C) Patently offensive, as determined by contemporary community standards, physical contact with or touching of a person's clothed or unclothed genitals, pubic area, buttocks or breasts in an act of apparent sexual stimulation or sexual abuse; (D) Sadomasochistic abuse, including flagellation, torture, physical restraint, domination or subordination by or upon a person for the purpose of sexual gratification of any person; (E) The insertion of any part of a person's body or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure by a licensed professional; (F) Patently offensive, as determined by contemporary community standards, conduct, representations, depictions or descriptions of excretory functions; or (G) Exhibition of the female breast, genitals, buttocks, anus, or pubic or rectal area of any person that can be reasonably construed as being for the purpose of the sexual arousal or gratification of the defendant or another.
(1) "Community" means the judicial district, as defined by § 16-2-506 , in which a violation is alleged to have occurred;
(2) "Material" means: (A) Any picture, drawing, photograph, undeveloped film or film negative, motion picture film, videocassette tape or other pictorial representation; (B) Any statue, figure, theatrical production or electrical reproduction; (C) Any image stored on a computer hard drive, a computer disk of any type, or any other medium designed to store information for later retrieval; or (D) Any image transmitted to a computer or other electronic media or video screen, by telephone line, cable, satellite transmission, or other method that is capable of further transmission, manipulation, storage or accessing, even if not stored or saved at the time of transmission;
(A) Any picture, drawing, photograph, undeveloped film or film negative, motion picture film, videocassette tape or other pictorial representation;
(B) Any statue, figure, theatrical production or electrical reproduction;
(C) Any image stored on a computer hard drive, a computer disk of any type, or any other medium designed to store information for later retrieval; or
(D) Any image transmitted to a computer or other electronic media or video screen, by telephone line, cable, satellite transmission, or other method that is capable of further transmission, manipulation, storage or accessing, even if not stored or saved at the time of transmission;
(3) "Patently offensive" means that which goes substantially beyond customary limits of candor in describing or representing such matters; and
(4) "Sexual activity" means any of the following acts: (A) Vaginal, anal or oral intercourse, whether done with another person or an animal; (B) Masturbation, whether done alone or with another human or an animal; (C) Patently offensive, as determined by contemporary community standards, physical contact with or touching of a person's clothed or unclothed genitals, pubic area, buttocks or breasts in an act of apparent sexual stimulation or sexual abuse; (D) Sadomasochistic abuse, including flagellation, torture, physical restraint, domination or subordination by or upon a person for the purpose of sexual gratification of any person; (E) The insertion of any part of a person's body or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure by a licensed professional; (F) Patently offensive, as determined by contemporary community standards, conduct, representations, depictions or descriptions of excretory functions; or (G) Exhibition of the female breast, genitals, buttocks, anus, or pubic or rectal area of any person that can be reasonably construed as being for the purpose of the sexual arousal or gratification of the defendant or another.
(A) Vaginal, anal or oral intercourse, whether done with another person or an animal;
(B) Masturbation, whether done alone or with another human or an animal;
(C) Patently offensive, as determined by contemporary community standards, physical contact with or touching of a person's clothed or unclothed genitals, pubic area, buttocks or breasts in an act of apparent sexual stimulation or sexual abuse;
(D) Sadomasochistic abuse, including flagellation, torture, physical restraint, domination or subordination by or upon a person for the purpose of sexual gratification of any person;
(E) The insertion of any part of a person's body or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure by a licensed professional;
(F) Patently offensive, as determined by contemporary community standards, conduct, representations, depictions or descriptions of excretory functions; or
(G) Exhibition of the female breast, genitals, buttocks, anus, or pubic or rectal area of any person that can be reasonably construed as being for the purpose of the sexual arousal or gratification of the defendant or another.
(e) (1) A violation of subsection (a) is a Class B felony. (2) A violation of subsection (b) is a Class E felony; provided, that, if the minor is less than thirteen (13) years of age, the violation is a Class C felony.
(1) A violation of subsection (a) is a Class B felony.
(2) A violation of subsection (b) is a Class E felony; provided, that, if the minor is less than thirteen (13) years of age, the violation is a Class C felony.
(f) It shall not be a defense to a violation of this section that a minor victim of the offense consented to the conduct that constituted the offense.
Amended by 2023 Tenn. Acts, ch. 209, s 1, eff. 7/1/2023.
Amended by 2013 Tenn. Acts, ch. 416, s 2, eff. 7/1/2013.
Amended by 2013 Tenn. Acts, ch. 350, s 1, eff. 7/1/2013.
Amended by 2013 Tenn. Acts, ch. 337, s 2, eff. 7/1/2013.
Acts 2005, ch. 496, § 6; 2011 , ch. 393, § 1; 2012 , ch. 732, §§ 1, 2; 2012 , ch. 876, § 1.
Tenn. Code Ann. § 39-17-1008 — TN Code / Title 39 / Chapter 17 / Section 39-17-1008
Forfeiture of any conveyance or real or personal property used in commission of an offense under this part
Status: in_force

(a) Any conveyance or real or personal property used in the commission of an offense under this part is subject to forfeiture under title 40, chapter 33, part 2. (b) Notwithstanding § 40-33-211 , the proceeds from all forfeitures made pursuant to this section shall be transmitted to the general fund, where there is established a general fund reserve to be allocated through the general appropriations act, which shall be known as the child abuse fund. Moneys from the fund shall be expended to fund activities authorized by the child abuse fund as set out in § 39-13-530 . Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund at the end of the fiscal year. Any excess revenues or interest earned by the revenues shall not revert at the end of the fiscal year, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from the reserve shall not revert to the general fund at the end of the fiscal year, but shall remain available for expenditure in subsequent fiscal years. Acts 2006, ch. 960, § 2.
(a) Any conveyance or real or personal property used in the commission of an offense under this part is subject to forfeiture under title 40, chapter 33, part 2.
(b) Notwithstanding § 40-33-211 , the proceeds from all forfeitures made pursuant to this section shall be transmitted to the general fund, where there is established a general fund reserve to be allocated through the general appropriations act, which shall be known as the child abuse fund. Moneys from the fund shall be expended to fund activities authorized by the child abuse fund as set out in § 39-13-530 . Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund at the end of the fiscal year. Any excess revenues or interest earned by the revenues shall not revert at the end of the fiscal year, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from the reserve shall not revert to the general fund at the end of the fiscal year, but shall remain available for expenditure in subsequent fiscal years.
Acts 2006, ch. 960, § 2.
Tenn. Code Ann. § 39-16-607 — TN Code / Title 39 / Chapter 16 / Section 39-16-607
Permitting or facilitating escape
Status: in_force

(a) An official or employee of any penal institution that is responsible for maintaining persons in custody commits an offense who intentionally, knowingly or recklessly permits or facilitates the escape of a person in custody. (b) It is unlawful for any person to intentionally or knowingly permit or facilitate the escape of a person in custody. (c) Permitting or facilitating escape is a Class E felony unless: (1) The person in custody was charged with or convicted of a felony; (2) The person used or threatened to use a deadly weapon to effect the escape; or (3) The offense under subsection (a) was committed intentionally or knowingly, in which event permitting or facilitating escape is a Class C felony. Acts 1989, ch. 591, § 1; 1996, ch. 637, § 1.
(a) An official or employee of any penal institution that is responsible for maintaining persons in custody commits an offense who intentionally, knowingly or recklessly permits or facilitates the escape of a person in custody.
(b) It is unlawful for any person to intentionally or knowingly permit or facilitate the escape of a person in custody.
(c) Permitting or facilitating escape is a Class E felony unless: (1) The person in custody was charged with or convicted of a felony; (2) The person used or threatened to use a deadly weapon to effect the escape; or (3) The offense under subsection (a) was committed intentionally or knowingly, in which event permitting or facilitating escape is a Class C felony.
(1) The person in custody was charged with or convicted of a felony;
(2) The person used or threatened to use a deadly weapon to effect the escape; or
(3) The offense under subsection (a) was committed intentionally or knowingly, in which event permitting or facilitating escape is a Class C felony.
Acts 1989, ch. 591, § 1; 1996, ch. 637, § 1.
Tenn. Code Ann. § 39-11-612 — TN Code / Title 39 / Chapter 11 / Section 39-11-612
Defense of third person
Status: in_force

A person is justified in threatening or using force against another to protect a third person, if: (1) Under the circumstances as the person reasonably believes them to be, the person would be justified under § 39-11-611 in threatening or using force to protect against the use or attempted use of unlawful force reasonably believed to be threatening the third person sought to be protected; and (2) The person reasonably believes that the intervention is immediately necessary to protect the third person. Acts 1989, ch. 591, § 1.
A person is justified in threatening or using force against another to protect a third person, if:
(1) Under the circumstances as the person reasonably believes them to be, the person would be justified under § 39-11-611 in threatening or using force to protect against the use or attempted use of unlawful force reasonably believed to be threatening the third person sought to be protected; and
(2) The person reasonably believes that the intervention is immediately necessary to protect the third person.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-407 — TN Code / Title 39 / Chapter 17 / Section 39-17-407
Criteria for Schedule II
Status: in_force

The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall place a substance in Schedule II upon finding that: (1) The substance has high potential for abuse; (2) The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and (3) The abuse of the substance may lead to severe psychic or physical dependence. Acts 1989, ch. 591, § 1; 2010, ch. 1100, § 65; 2012, ch. 575, § 2.
The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall place a substance in Schedule II upon finding that:
(1) The substance has high potential for abuse;
(2) The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and
(3) The abuse of the substance may lead to severe psychic or physical dependence.
Acts 1989, ch. 591, § 1; 2010, ch. 1100, § 65; 2012, ch. 575, § 2.
Tenn. Code Ann. § 39-16-705 — TN Code / Title 39 / Chapter 16 / Section 39-16-705
Subornation of perjury
Status: in_force

(a) A person commits an offense who, with the intent to deceive, induces another to make a false statement constituting perjury or aggravated perjury. (b) (1) Subornation of perjury is a Class A misdemeanor. (2) Subornation of aggravated perjury is a Class E felony. Acts 1989, ch. 591, § 1; 1990, ch. 980, § 9.
(a) A person commits an offense who, with the intent to deceive, induces another to make a false statement constituting perjury or aggravated perjury.
(b) (1) Subornation of perjury is a Class A misdemeanor. (2) Subornation of aggravated perjury is a Class E felony.
(1) Subornation of perjury is a Class A misdemeanor.
(2) Subornation of aggravated perjury is a Class E felony.
Acts 1989, ch. 591, § 1; 1990, ch. 980, § 9.
Tenn. Code Ann. § 39-17-427 — TN Code / Title 39 / Chapter 17 / Section 39-17-427
Exception
Status: in_force

It is an exception to this part if: (1) The person lawfully possessed the controlled substance as otherwise authorized by this part and title 53, chapter 11, parts 3 and 4; or (2) The only cannabis with a delta-9 tetrahydrocannabinol (THC) concentration greater than three-tenths of one percent (0.3%) on a dry weight basis in the person's possession was hemp concentrate, as defined in § 43-27-101 , and the person was transporting the hemp concentrate within this state from the location where the hemp concentrate was produced to a location where the hemp concentrate was to be reconstituted into consumer products with a delta-9 THC concentration of not more than three-tenths of one percent (0.3%); provided, however, that the person transporting the hemp concentrate under this subdivision (2) maintained proof of a grower's license from the department of agriculture in the transport vehicle. Acts 1989, ch. 591, § 1.
It is an exception to this part if:
(1) The person lawfully possessed the controlled substance as otherwise authorized by this part and title 53, chapter 11, parts 3 and 4; or
(2) The only cannabis with a delta-9 tetrahydrocannabinol (THC) concentration greater than three-tenths of one percent (0.3%) on a dry weight basis in the person's possession was hemp concentrate, as defined in § 43-27-101 , and the person was transporting the hemp concentrate within this state from the location where the hemp concentrate was produced to a location where the hemp concentrate was to be reconstituted into consumer products with a delta-9 THC concentration of not more than three-tenths of one percent (0.3%); provided, however, that the person transporting the hemp concentrate under this subdivision (2) maintained proof of a grower's license from the department of agriculture in the transport vehicle.
Acts 1989, ch. 591, § 1.