Tenn. Code Ann. § 39-15-215 — TN Code / Title 39 / Chapter 15 / Section 39-15-215
Section definitions - Physician requirements prior to pregnant woman giving informed consent to have abortion - Obstetric ultrasound - Affirmative defense of medical emergency - Violations - Report to board of medical examiners - Severability - Intent
Status: in_force

(a) As used in this section: (1) "Abortion" has the same meaning as defined in § 39-15-211 ; (2) "Auscultate" means to examine by listening for sounds made by internal organs of the fetus, including a fetal heartbeat, in accordance with standard medical practice utilizing current medical technology and methodology; (3) "Gestational age" or "gestation" has the same meaning as defined in § 39-15-211 ; (4) "Medical emergency" has the same meaning as defined in § 39-15-211 ; provided, that a medical emergency does not include a claim or diagnosis related to the woman's mental health or a claim or diagnosis that the woman will engage in conduct which would result in her death or substantial and irreversible impairment of a major bodily function; (5) "Obstetric ultrasound" or "ultrasound" means the use of ultrasonic waves for diagnostic or therapeutic purposes, specifically to monitor a developing fetus; and (6) "Ultrasound technician" means a person at least eighteen (18) years of age who: (A) Has earned a technical certificate from a sonography program accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or Canadian Medical Association (CMA); (B) Is currently certified by the American Registry for Diagnostic Medical Sonography (ARDMS) in the specialty in which the person is currently practicing; (C) Is currently certified by the American Registry of Radiologic Technologists (ARRT) in sonography; (D) Is in the process of applying for registration with the ARDMS, provided that the applicant satisfies the requirements for registration within ninety (90) days of becoming employed as a sonographer; or (E) Is in the process of applying for registration with the ARRT, provided that the applicant satisfies the requirements for registration within ninety (90) days of becoming employed as a sonographer. (b) Prior to a pregnant woman giving informed consent to having an abortion, as required by § 39-15-202 , the physician who is performing or inducing, or attempting to perform or induce, an abortion, shall: (1) Determine the gestational age of the unborn child in accordance with generally accepted standards of medical practice; (2) Inform the pregnant woman the gestational age of the unborn child; (3) Perform an obstetric ultrasound in accordance with generally accepted standards of medical practice using current medical technology and methodology applicable to the gestational age of the unborn child and reasonably calculated to determine whether a fetal heartbeat exists; (4) Auscultate the fetal heartbeat of the unborn child, if any, so that the pregnant woman may hear the heartbeat if the heartbeat is audible; (5) Provide a simultaneous explanation of what the ultrasound is depicting, which must include the presence and location of the unborn child within the uterus, the dimensions of the unborn child, the presence of external members and internal organs if present and viewable, the number of unborn children depicted, and, if the ultrasound image indicates that fetal demise has occurred, inform the woman of that fact; (6) Display the ultrasound images so that the pregnant woman may view the images; (7) Record in the pregnant woman's medical record the presence or absence of a fetal heartbeat, the method used to test for the fetal heartbeat, the date and time of the test, and the estimated gestational age of the unborn child; and (8) Obtain from the pregnant woman prior to performing or inducing, or attempting to perform or induce, an abortion, a signed certification that the pregnant woman was presented with the information required to be provided under this subsection (b), that the pregnant woman viewed the ultrasound images or declined to do so, and that the pregnant woman listened to the heartbeat if the heartbeat was audible or declined to do so. The signed certification must be in addition to any other documentation requirements under this part and must be on a form prescribed by the commissioner of health and be retained in the woman's medical record. (c) (1) The physician who is to perform or induce, or attempt to perform or induce, an abortion may delegate the responsibility to perform the obstetric ultrasound to an ultrasound technician, provided that the ultrasound technician is qualified and permitted by law to perform an obstetric ultrasound that complies with the requirements of subsection (b). An ultrasound technician performing an obstetric ultrasound under this subdivision (c)(1) shall perform the obstetric ultrasound in a manner that complies with subsection (b), and the physician may rely on the signed certification obtained by the qualified technician under subdivision (b)(8) to establish that an ultrasound was performed in compliance with this section, unless the physician knows, or in the exercise of reasonable care should know, that an ultrasound was not performed in accordance with this section. (2) The physician who is to perform or induce, or attempt to perform or induce, an abortion may accept a certification from a referring physician that the referring physician has performed an obstetric ultrasound that complies with the requirements of subsection (b). The referring physician performing an obstetric ultrasound under this subdivision (c)(2) shall perform the obstetric ultrasound in a manner that complies with subsection (b), and the physician may rely on the signed certification obtained by the referring physician under subdivision (b)(8) to establish that an ultrasound was performed in compliance with this section, unless the physician knows, or in the exercise of reasonable care should know, that an ultrasound was not performed in accordance with this section. (d) When the ultrasound images and heartbeat sounds are provided to and reviewed with the pregnant woman, this section shall not be construed to prevent the pregnant woman from averting her eyes from the ultrasound images or requesting the volume of the heartbeat be reduced or turned off if the heartbeat is audible. The physician or ultrasound technician performing the ultrasound shall be permitted to comply with the request of the pregnant woman. The physician, the ultrasound technician, and the pregnant woman shall not be subject to any penalty if the pregnant woman refuses to look at the displayed ultrasound images or to listen to the heartbeat if the heartbeat is audible. (e) (1) Subject to compliance with subdivision (e)(2), it is an affirmative defense to criminal prosecution for a violation of a provision of this section that, in the physician's reasonable medical judgment, a medical emergency prevented compliance with the provision. (2) In order for the affirmative defense in subdivision (e)(1) to apply, a physician who performs or induces, or attempts to perform or induce, an abortion because of a medical emergency must comply with each of the following conditions unless the medical emergency also prevents compliance with the condition: (A) The physician who performs or induces, or attempts to perform or induce, the abortion certifies in writing that, in the physician's good faith, reasonable medical judgment, based upon the facts known to the physician at the time, compliance with the provision was prevented by a medical emergency; (B) The physician certifies in writing the available methods or techniques considered and the reasons for choosing the method or technique employed; (C) If the unborn child is presumed to be viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician performs or induces, or attempts to perform or induce, the abortion in a hospital. The hospital must have appropriate neonatal services for premature infants unless there is no hospital within thirty (30) miles with neonatal services and the physician who intends to perform or induce the abortion has admitting privileges at the hospital where the abortion is to be performed or induced; (D) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn child to survive, unless that physician determines, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, that the termination of the pregnancy in that manner poses a significantly greater risk of the death of the pregnant woman or a significantly greater risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion; and (E) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion has arranged for the attendance in the same room in which the abortion is to be performed or induced, or attempted to be performed or induced, at least one (1) other physician who is to take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn child immediately upon the child's complete expulsion or extraction from the pregnant woman. (f) Performing or inducing, or attempting to perform or induce, an abortion in violation of the requirements of this section is a Class C felony. (g) A violation of subsection (c) by an ultrasound technician or referring physician whose performance of an ultrasound pursuant to subsection (c) is relied upon by a physician in performing or inducing, or attempting to perform or induce, an abortion is a Class E felony. (h) A pregnant woman upon whom an abortion is performed or induced, or attempted to be performed or induced, in violation of this section is not guilty of violating this section or attempting to commit or conspiring to commit a violation of this section. (i) When a physician is criminally charged with a violation of this section, the physician shall report the charge to the board of medical examiners in writing within seven (7) calendar days of acquiring knowledge of the charge. The report must include the jurisdiction in which the charge is pending, if known, and must also be accompanied by a copy of the charging documents, if available. A district attorney general shall promptly notify the board of medical examiners when a physician is charged with a violation of this section. (j) If any provision or provisions of this section or the application thereof to any person, circumstance, or period of gestational age is found to be unenforceable, unconstitutional, or invalid by a court of competent jurisdiction, the same is hereby declared to be severable and the remainder of the section shall remain effective. The general assembly hereby declares that it would have enacted this section and each of its provisions, even if any provision of this section or the application thereof to any person, circumstance, or period of gestational age is later found to be unenforceable, unconstitutional, or invalid. (k) (1) It is the specific intent of the general assembly in this section to exercise to the greatest extent permitted by law the legitimate, substantial, and compelling state interest in protecting maternal health, and in preserving, promoting, and protecting life and potential life throughout pregnancy by enacting more protective requirements than provided for under this part as it existed prior to July 13, 2020. (2) When this section is in direct conflict with this part as it existed prior to July 13, 2020, the more protective requirements of this section control over any less protective provision in this part. This section shall not be construed as a repeal, either express or implied, of any provision of this part as it existed prior to July 13, 2020. (3) The general assembly specifically intends that this part as it existed prior to July 13, 2020, shall remain and be enforceable if, and for so long as, any provisions of this section, or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction. (4) This section does not repeal or modify in any way § 39-15-213 , as enacted by chapter 351 of the Public Acts of 2019, which shall control upon becoming effective. This section shall remain and be enforceable if, and for so long as, any provisions of § 39-15-213 , or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction. Added by 2020 Tenn. Acts, ch. 764, s 2, eff. 7/13/2020.
(a) As used in this section: (1) "Abortion" has the same meaning as defined in § 39-15-211 ; (2) "Auscultate" means to examine by listening for sounds made by internal organs of the fetus, including a fetal heartbeat, in accordance with standard medical practice utilizing current medical technology and methodology; (3) "Gestational age" or "gestation" has the same meaning as defined in § 39-15-211 ; (4) "Medical emergency" has the same meaning as defined in § 39-15-211 ; provided, that a medical emergency does not include a claim or diagnosis related to the woman's mental health or a claim or diagnosis that the woman will engage in conduct which would result in her death or substantial and irreversible impairment of a major bodily function; (5) "Obstetric ultrasound" or "ultrasound" means the use of ultrasonic waves for diagnostic or therapeutic purposes, specifically to monitor a developing fetus; and (6) "Ultrasound technician" means a person at least eighteen (18) years of age who: (A) Has earned a technical certificate from a sonography program accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or Canadian Medical Association (CMA); (B) Is currently certified by the American Registry for Diagnostic Medical Sonography (ARDMS) in the specialty in which the person is currently practicing; (C) Is currently certified by the American Registry of Radiologic Technologists (ARRT) in sonography; (D) Is in the process of applying for registration with the ARDMS, provided that the applicant satisfies the requirements for registration within ninety (90) days of becoming employed as a sonographer; or (E) Is in the process of applying for registration with the ARRT, provided that the applicant satisfies the requirements for registration within ninety (90) days of becoming employed as a sonographer.
(1) "Abortion" has the same meaning as defined in § 39-15-211 ;
(2) "Auscultate" means to examine by listening for sounds made by internal organs of the fetus, including a fetal heartbeat, in accordance with standard medical practice utilizing current medical technology and methodology;
(3) "Gestational age" or "gestation" has the same meaning as defined in § 39-15-211 ;
(4) "Medical emergency" has the same meaning as defined in § 39-15-211 ; provided, that a medical emergency does not include a claim or diagnosis related to the woman's mental health or a claim or diagnosis that the woman will engage in conduct which would result in her death or substantial and irreversible impairment of a major bodily function;
(5) "Obstetric ultrasound" or "ultrasound" means the use of ultrasonic waves for diagnostic or therapeutic purposes, specifically to monitor a developing fetus; and
(6) "Ultrasound technician" means a person at least eighteen (18) years of age who: (A) Has earned a technical certificate from a sonography program accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or Canadian Medical Association (CMA); (B) Is currently certified by the American Registry for Diagnostic Medical Sonography (ARDMS) in the specialty in which the person is currently practicing; (C) Is currently certified by the American Registry of Radiologic Technologists (ARRT) in sonography; (D) Is in the process of applying for registration with the ARDMS, provided that the applicant satisfies the requirements for registration within ninety (90) days of becoming employed as a sonographer; or (E) Is in the process of applying for registration with the ARRT, provided that the applicant satisfies the requirements for registration within ninety (90) days of becoming employed as a sonographer.
(A) Has earned a technical certificate from a sonography program accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or Canadian Medical Association (CMA);
(B) Is currently certified by the American Registry for Diagnostic Medical Sonography (ARDMS) in the specialty in which the person is currently practicing;
(C) Is currently certified by the American Registry of Radiologic Technologists (ARRT) in sonography;
(D) Is in the process of applying for registration with the ARDMS, provided that the applicant satisfies the requirements for registration within ninety (90) days of becoming employed as a sonographer; or
(E) Is in the process of applying for registration with the ARRT, provided that the applicant satisfies the requirements for registration within ninety (90) days of becoming employed as a sonographer.
(b) Prior to a pregnant woman giving informed consent to having an abortion, as required by § 39-15-202 , the physician who is performing or inducing, or attempting to perform or induce, an abortion, shall: (1) Determine the gestational age of the unborn child in accordance with generally accepted standards of medical practice; (2) Inform the pregnant woman the gestational age of the unborn child; (3) Perform an obstetric ultrasound in accordance with generally accepted standards of medical practice using current medical technology and methodology applicable to the gestational age of the unborn child and reasonably calculated to determine whether a fetal heartbeat exists; (4) Auscultate the fetal heartbeat of the unborn child, if any, so that the pregnant woman may hear the heartbeat if the heartbeat is audible; (5) Provide a simultaneous explanation of what the ultrasound is depicting, which must include the presence and location of the unborn child within the uterus, the dimensions of the unborn child, the presence of external members and internal organs if present and viewable, the number of unborn children depicted, and, if the ultrasound image indicates that fetal demise has occurred, inform the woman of that fact; (6) Display the ultrasound images so that the pregnant woman may view the images; (7) Record in the pregnant woman's medical record the presence or absence of a fetal heartbeat, the method used to test for the fetal heartbeat, the date and time of the test, and the estimated gestational age of the unborn child; and (8) Obtain from the pregnant woman prior to performing or inducing, or attempting to perform or induce, an abortion, a signed certification that the pregnant woman was presented with the information required to be provided under this subsection (b), that the pregnant woman viewed the ultrasound images or declined to do so, and that the pregnant woman listened to the heartbeat if the heartbeat was audible or declined to do so. The signed certification must be in addition to any other documentation requirements under this part and must be on a form prescribed by the commissioner of health and be retained in the woman's medical record.
(1) Determine the gestational age of the unborn child in accordance with generally accepted standards of medical practice;
(2) Inform the pregnant woman the gestational age of the unborn child;
(3) Perform an obstetric ultrasound in accordance with generally accepted standards of medical practice using current medical technology and methodology applicable to the gestational age of the unborn child and reasonably calculated to determine whether a fetal heartbeat exists;
(4) Auscultate the fetal heartbeat of the unborn child, if any, so that the pregnant woman may hear the heartbeat if the heartbeat is audible;
(5) Provide a simultaneous explanation of what the ultrasound is depicting, which must include the presence and location of the unborn child within the uterus, the dimensions of the unborn child, the presence of external members and internal organs if present and viewable, the number of unborn children depicted, and, if the ultrasound image indicates that fetal demise has occurred, inform the woman of that fact;
(6) Display the ultrasound images so that the pregnant woman may view the images;
(7) Record in the pregnant woman's medical record the presence or absence of a fetal heartbeat, the method used to test for the fetal heartbeat, the date and time of the test, and the estimated gestational age of the unborn child; and
(8) Obtain from the pregnant woman prior to performing or inducing, or attempting to perform or induce, an abortion, a signed certification that the pregnant woman was presented with the information required to be provided under this subsection (b), that the pregnant woman viewed the ultrasound images or declined to do so, and that the pregnant woman listened to the heartbeat if the heartbeat was audible or declined to do so. The signed certification must be in addition to any other documentation requirements under this part and must be on a form prescribed by the commissioner of health and be retained in the woman's medical record.
(c) (1) The physician who is to perform or induce, or attempt to perform or induce, an abortion may delegate the responsibility to perform the obstetric ultrasound to an ultrasound technician, provided that the ultrasound technician is qualified and permitted by law to perform an obstetric ultrasound that complies with the requirements of subsection (b). An ultrasound technician performing an obstetric ultrasound under this subdivision (c)(1) shall perform the obstetric ultrasound in a manner that complies with subsection (b), and the physician may rely on the signed certification obtained by the qualified technician under subdivision (b)(8) to establish that an ultrasound was performed in compliance with this section, unless the physician knows, or in the exercise of reasonable care should know, that an ultrasound was not performed in accordance with this section. (2) The physician who is to perform or induce, or attempt to perform or induce, an abortion may accept a certification from a referring physician that the referring physician has performed an obstetric ultrasound that complies with the requirements of subsection (b). The referring physician performing an obstetric ultrasound under this subdivision (c)(2) shall perform the obstetric ultrasound in a manner that complies with subsection (b), and the physician may rely on the signed certification obtained by the referring physician under subdivision (b)(8) to establish that an ultrasound was performed in compliance with this section, unless the physician knows, or in the exercise of reasonable care should know, that an ultrasound was not performed in accordance with this section.
(1) The physician who is to perform or induce, or attempt to perform or induce, an abortion may delegate the responsibility to perform the obstetric ultrasound to an ultrasound technician, provided that the ultrasound technician is qualified and permitted by law to perform an obstetric ultrasound that complies with the requirements of subsection (b). An ultrasound technician performing an obstetric ultrasound under this subdivision (c)(1) shall perform the obstetric ultrasound in a manner that complies with subsection (b), and the physician may rely on the signed certification obtained by the qualified technician under subdivision (b)(8) to establish that an ultrasound was performed in compliance with this section, unless the physician knows, or in the exercise of reasonable care should know, that an ultrasound was not performed in accordance with this section.
(2) The physician who is to perform or induce, or attempt to perform or induce, an abortion may accept a certification from a referring physician that the referring physician has performed an obstetric ultrasound that complies with the requirements of subsection (b). The referring physician performing an obstetric ultrasound under this subdivision (c)(2) shall perform the obstetric ultrasound in a manner that complies with subsection (b), and the physician may rely on the signed certification obtained by the referring physician under subdivision (b)(8) to establish that an ultrasound was performed in compliance with this section, unless the physician knows, or in the exercise of reasonable care should know, that an ultrasound was not performed in accordance with this section.
(d) When the ultrasound images and heartbeat sounds are provided to and reviewed with the pregnant woman, this section shall not be construed to prevent the pregnant woman from averting her eyes from the ultrasound images or requesting the volume of the heartbeat be reduced or turned off if the heartbeat is audible. The physician or ultrasound technician performing the ultrasound shall be permitted to comply with the request of the pregnant woman. The physician, the ultrasound technician, and the pregnant woman shall not be subject to any penalty if the pregnant woman refuses to look at the displayed ultrasound images or to listen to the heartbeat if the heartbeat is audible.
(e) (1) Subject to compliance with subdivision (e)(2), it is an affirmative defense to criminal prosecution for a violation of a provision of this section that, in the physician's reasonable medical judgment, a medical emergency prevented compliance with the provision. (2) In order for the affirmative defense in subdivision (e)(1) to apply, a physician who performs or induces, or attempts to perform or induce, an abortion because of a medical emergency must comply with each of the following conditions unless the medical emergency also prevents compliance with the condition: (A) The physician who performs or induces, or attempts to perform or induce, the abortion certifies in writing that, in the physician's good faith, reasonable medical judgment, based upon the facts known to the physician at the time, compliance with the provision was prevented by a medical emergency; (B) The physician certifies in writing the available methods or techniques considered and the reasons for choosing the method or technique employed; (C) If the unborn child is presumed to be viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician performs or induces, or attempts to perform or induce, the abortion in a hospital. The hospital must have appropriate neonatal services for premature infants unless there is no hospital within thirty (30) miles with neonatal services and the physician who intends to perform or induce the abortion has admitting privileges at the hospital where the abortion is to be performed or induced; (D) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn child to survive, unless that physician determines, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, that the termination of the pregnancy in that manner poses a significantly greater risk of the death of the pregnant woman or a significantly greater risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion; and (E) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion has arranged for the attendance in the same room in which the abortion is to be performed or induced, or attempted to be performed or induced, at least one (1) other physician who is to take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn child immediately upon the child's complete expulsion or extraction from the pregnant woman.
(1) Subject to compliance with subdivision (e)(2), it is an affirmative defense to criminal prosecution for a violation of a provision of this section that, in the physician's reasonable medical judgment, a medical emergency prevented compliance with the provision.
(2) In order for the affirmative defense in subdivision (e)(1) to apply, a physician who performs or induces, or attempts to perform or induce, an abortion because of a medical emergency must comply with each of the following conditions unless the medical emergency also prevents compliance with the condition: (A) The physician who performs or induces, or attempts to perform or induce, the abortion certifies in writing that, in the physician's good faith, reasonable medical judgment, based upon the facts known to the physician at the time, compliance with the provision was prevented by a medical emergency; (B) The physician certifies in writing the available methods or techniques considered and the reasons for choosing the method or technique employed; (C) If the unborn child is presumed to be viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician performs or induces, or attempts to perform or induce, the abortion in a hospital. The hospital must have appropriate neonatal services for premature infants unless there is no hospital within thirty (30) miles with neonatal services and the physician who intends to perform or induce the abortion has admitting privileges at the hospital where the abortion is to be performed or induced; (D) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn child to survive, unless that physician determines, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, that the termination of the pregnancy in that manner poses a significantly greater risk of the death of the pregnant woman or a significantly greater risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion; and (E) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion has arranged for the attendance in the same room in which the abortion is to be performed or induced, or attempted to be performed or induced, at least one (1) other physician who is to take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn child immediately upon the child's complete expulsion or extraction from the pregnant woman.
(A) The physician who performs or induces, or attempts to perform or induce, the abortion certifies in writing that, in the physician's good faith, reasonable medical judgment, based upon the facts known to the physician at the time, compliance with the provision was prevented by a medical emergency;
(B) The physician certifies in writing the available methods or techniques considered and the reasons for choosing the method or technique employed;
(C) If the unborn child is presumed to be viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician performs or induces, or attempts to perform or induce, the abortion in a hospital. The hospital must have appropriate neonatal services for premature infants unless there is no hospital within thirty (30) miles with neonatal services and the physician who intends to perform or induce the abortion has admitting privileges at the hospital where the abortion is to be performed or induced;
(D) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn child to survive, unless that physician determines, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, that the termination of the pregnancy in that manner poses a significantly greater risk of the death of the pregnant woman or a significantly greater risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion; and
(E) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion has arranged for the attendance in the same room in which the abortion is to be performed or induced, or attempted to be performed or induced, at least one (1) other physician who is to take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn child immediately upon the child's complete expulsion or extraction from the pregnant woman.
(f) Performing or inducing, or attempting to perform or induce, an abortion in violation of the requirements of this section is a Class C felony.
(g) A violation of subsection (c) by an ultrasound technician or referring physician whose performance of an ultrasound pursuant to subsection (c) is relied upon by a physician in performing or inducing, or attempting to perform or induce, an abortion is a Class E felony.
(h) A pregnant woman upon whom an abortion is performed or induced, or attempted to be performed or induced, in violation of this section is not guilty of violating this section or attempting to commit or conspiring to commit a violation of this section.
(i) When a physician is criminally charged with a violation of this section, the physician shall report the charge to the board of medical examiners in writing within seven (7) calendar days of acquiring knowledge of the charge. The report must include the jurisdiction in which the charge is pending, if known, and must also be accompanied by a copy of the charging documents, if available. A district attorney general shall promptly notify the board of medical examiners when a physician is charged with a violation of this section.
(j) If any provision or provisions of this section or the application thereof to any person, circumstance, or period of gestational age is found to be unenforceable, unconstitutional, or invalid by a court of competent jurisdiction, the same is hereby declared to be severable and the remainder of the section shall remain effective. The general assembly hereby declares that it would have enacted this section and each of its provisions, even if any provision of this section or the application thereof to any person, circumstance, or period of gestational age is later found to be unenforceable, unconstitutional, or invalid.
(k) (1) It is the specific intent of the general assembly in this section to exercise to the greatest extent permitted by law the legitimate, substantial, and compelling state interest in protecting maternal health, and in preserving, promoting, and protecting life and potential life throughout pregnancy by enacting more protective requirements than provided for under this part as it existed prior to July 13, 2020. (2) When this section is in direct conflict with this part as it existed prior to July 13, 2020, the more protective requirements of this section control over any less protective provision in this part. This section shall not be construed as a repeal, either express or implied, of any provision of this part as it existed prior to July 13, 2020. (3) The general assembly specifically intends that this part as it existed prior to July 13, 2020, shall remain and be enforceable if, and for so long as, any provisions of this section, or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction. (4) This section does not repeal or modify in any way § 39-15-213 , as enacted by chapter 351 of the Public Acts of 2019, which shall control upon becoming effective. This section shall remain and be enforceable if, and for so long as, any provisions of § 39-15-213 , or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction.
(1) It is the specific intent of the general assembly in this section to exercise to the greatest extent permitted by law the legitimate, substantial, and compelling state interest in protecting maternal health, and in preserving, promoting, and protecting life and potential life throughout pregnancy by enacting more protective requirements than provided for under this part as it existed prior to July 13, 2020.
(2) When this section is in direct conflict with this part as it existed prior to July 13, 2020, the more protective requirements of this section control over any less protective provision in this part. This section shall not be construed as a repeal, either express or implied, of any provision of this part as it existed prior to July 13, 2020.
(3) The general assembly specifically intends that this part as it existed prior to July 13, 2020, shall remain and be enforceable if, and for so long as, any provisions of this section, or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction.
(4) This section does not repeal or modify in any way § 39-15-213 , as enacted by chapter 351 of the Public Acts of 2019, which shall control upon becoming effective. This section shall remain and be enforceable if, and for so long as, any provisions of § 39-15-213 , or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction.
Added by 2020 Tenn. Acts, ch. 764, s 2, eff. 7/13/2020.
Tenn. Code Ann. § 39-17-608 — TN Code / Title 39 / Chapter 17 / Section 39-17-608
False statements in applications or records
Status: in_force

(a) It is an offense for any person to knowingly: (1) Make a material false statement in any application to the corporation for a license or proposal to conduct lottery activities; or (2) Make a material false entry in any book or record which is compiled for the corporation, maintained for the corporation, or submitted to the corporation. (b) A violation of this section is a Class D felony; provided, however, that the maximum fine shall be twenty-five thousand dollars ($25,000) or the dollar amount of the false entry or statement, whichever is greater. Acts 2003, ch. 297, § 8.
(a) It is an offense for any person to knowingly: (1) Make a material false statement in any application to the corporation for a license or proposal to conduct lottery activities; or (2) Make a material false entry in any book or record which is compiled for the corporation, maintained for the corporation, or submitted to the corporation.
(1) Make a material false statement in any application to the corporation for a license or proposal to conduct lottery activities; or
(2) Make a material false entry in any book or record which is compiled for the corporation, maintained for the corporation, or submitted to the corporation.
(b) A violation of this section is a Class D felony; provided, however, that the maximum fine shall be twenty-five thousand dollars ($25,000) or the dollar amount of the false entry or statement, whichever is greater.
Acts 2003, ch. 297, § 8.
Tenn. Code Ann. § 39-14-601 — TN Code / Title 39 / Chapter 14 / Section 39-14-601
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Access" means to approach, instruct, communicate, or connect with, store data in, retrieve or intercept data from, or otherwise make use of any resources of a computer, computer system, or computer network, or information exchanged from any communication between computers or authorized computer users and electronic, electromagnetic, electrochemical, acoustic, mechanical, or other means; (2) "Authorization" means any and all forms of consent, including both implicit and explicit consent; (3) "Computer" means a device or collection of devices, including its support devices, peripheral equipment, or facilities, and the communication systems connected to it which can perform functions including, but not limited to, substantial computation, arithmetic or logical operations, information storage or retrieval operations, capable of being used with external files, one (1) or more operations which contain computer programs, electronic instructions, allows for the input of data, and output data (such operations or communications can occur with or without intervention by a human operator during the processing of a job); (4) "Computer contaminants" means any set of computer instructions that are designed to modify or in any way alter, damage, destroy, or disrupt the proper operation of a computer system, or computer network without the intent or authorization of the owner of the information. They include, but are not limited to, a group of computer instructions commonly called viruses or worms, which are self-replicating or self-propagating and are designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record or transmit data, or in some other fashion usurp the normal operation of the computer, computer system, or computer network. Such contaminants may include viruses or worms, which terms shall have the following meanings: (A) "Virus" means a migrating program which, at least, attaches itself to the operating system of any computer it enters and can infect any other computer that has access to an "infected" computer; and (B) "Worm" means a computer program or virus that spreads and multiplies, eventually causing a computer to "crash" or cease functioning, but does not attach itself to the operating system of the computer it "infects"; (5) "Computer network" means a set of two (2) or more computer systems that transmit data over communication circuits connecting them, and input/output devices including, but not limited to, display terminals and printers, which may also be connected to telecommunication facilities; (6) "Computer program" means an ordered set of data that are coded instructions or statements that, when executed by a computer, cause the computer to process data; (7) "Computer software" means a set of computer programs, procedures, and associated documentation concerned with the operation of a computer, computer system, or computer network whether imprinted or embodied in the computer in any manner or separate from it, including the supporting materials for the software and accompanying documentation; (8) "Computer system" means a set of connected devices including a computer and other devices including, but not limited to, one (1) or more of the following: data input, output, or storage devices, data communication circuits, and operating system computer programs that make the system capable of performing data processing tasks; (9) "Data" means a representation of information, knowledge, facts, concepts, or instructions which is being prepared or has been prepared in a formalized manner, and is intended to be stored or processed, or is being stored or processed, or has been stored or processed in a computer, computer system, or computer network; (10) "Electronic mail service provider" means any person who: (A) Is an intermediary in sending or receiving electronic mail; and (B) Provides to end-users of electronic mail services the ability to send or receive electronic mail; (11) "Financial instrument" includes, but is not limited to, any check, cashier's check, draft, warrant, money order, certificate of deposit, negotiable instrument, letter of credit, bill of exchange, credit card, debit card, marketable security, or any computer system representation thereof; (12) "Input" means data, facts, concepts, or instructions in a form appropriate for delivery to, or interpretation or processing by, a computer; (13) "Intellectual property" includes data, which may be in any form including, but not limited to, computer printouts, magnetic storage media, punched cards, or may be stored internally in the memory of a computer; (14) "Local exchange company" includes telecommunications service providers as defined in § 65-4-101 ; competing telecommunications service providers as such term is defined in § 65-4-101 ; telephone cooperatives; cellular or other wireless telecommunications providers; and interactive computer service providers as defined in 47 U.S.C. § 230(f) ; (15) "Output" means data, facts, concepts or instructions produced or retrieved by computers from computers or computer memory storage devices; (16) "Owner" means an owner or lessee of a computer or a computer network, or an owner, lessee or licensee of computer data, computer programs, or computer software; (17) "Property" shall include: (A) Real property; (B) Computers and computer networks; and (C) Financial instruments, computer data, computer programs, computer software, and all other personal property regardless of whether they are: (i) Tangible or intangible; (ii) In a format readable by humans or by a computer; (iii) In transit between computers or within a computer network or between any devices which comprise a computer; or (iv) Located on any paper or in any device in which it is stored by a computer or by a human; (18) "Services" includes, but is not limited to, the use of a computer, a computer system, a computer network, computer software, computer program, or data to perform tasks; (19) "System hacker" means any person who knowingly accesses and without authorization alters, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network; and (20) "To process" means to use a computer to put data through a systematic sequence of operations for the purpose of producing a specified result. Acts 1989, ch. 591, § 1; 1993, ch. 445, § 1; 2003, ch. 317, § 2.
As used in this part, unless the context otherwise requires:
(1) "Access" means to approach, instruct, communicate, or connect with, store data in, retrieve or intercept data from, or otherwise make use of any resources of a computer, computer system, or computer network, or information exchanged from any communication between computers or authorized computer users and electronic, electromagnetic, electrochemical, acoustic, mechanical, or other means;
(2) "Authorization" means any and all forms of consent, including both implicit and explicit consent;
(3) "Computer" means a device or collection of devices, including its support devices, peripheral equipment, or facilities, and the communication systems connected to it which can perform functions including, but not limited to, substantial computation, arithmetic or logical operations, information storage or retrieval operations, capable of being used with external files, one (1) or more operations which contain computer programs, electronic instructions, allows for the input of data, and output data (such operations or communications can occur with or without intervention by a human operator during the processing of a job);
(4) "Computer contaminants" means any set of computer instructions that are designed to modify or in any way alter, damage, destroy, or disrupt the proper operation of a computer system, or computer network without the intent or authorization of the owner of the information. They include, but are not limited to, a group of computer instructions commonly called viruses or worms, which are self-replicating or self-propagating and are designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record or transmit data, or in some other fashion usurp the normal operation of the computer, computer system, or computer network. Such contaminants may include viruses or worms, which terms shall have the following meanings: (A) "Virus" means a migrating program which, at least, attaches itself to the operating system of any computer it enters and can infect any other computer that has access to an "infected" computer; and (B) "Worm" means a computer program or virus that spreads and multiplies, eventually causing a computer to "crash" or cease functioning, but does not attach itself to the operating system of the computer it "infects";
(A) "Virus" means a migrating program which, at least, attaches itself to the operating system of any computer it enters and can infect any other computer that has access to an "infected" computer; and
(B) "Worm" means a computer program or virus that spreads and multiplies, eventually causing a computer to "crash" or cease functioning, but does not attach itself to the operating system of the computer it "infects";
(5) "Computer network" means a set of two (2) or more computer systems that transmit data over communication circuits connecting them, and input/output devices including, but not limited to, display terminals and printers, which may also be connected to telecommunication facilities;
(6) "Computer program" means an ordered set of data that are coded instructions or statements that, when executed by a computer, cause the computer to process data;
(7) "Computer software" means a set of computer programs, procedures, and associated documentation concerned with the operation of a computer, computer system, or computer network whether imprinted or embodied in the computer in any manner or separate from it, including the supporting materials for the software and accompanying documentation;
(8) "Computer system" means a set of connected devices including a computer and other devices including, but not limited to, one (1) or more of the following: data input, output, or storage devices, data communication circuits, and operating system computer programs that make the system capable of performing data processing tasks;
(9) "Data" means a representation of information, knowledge, facts, concepts, or instructions which is being prepared or has been prepared in a formalized manner, and is intended to be stored or processed, or is being stored or processed, or has been stored or processed in a computer, computer system, or computer network;
(10) "Electronic mail service provider" means any person who: (A) Is an intermediary in sending or receiving electronic mail; and (B) Provides to end-users of electronic mail services the ability to send or receive electronic mail;
(A) Is an intermediary in sending or receiving electronic mail; and
(B) Provides to end-users of electronic mail services the ability to send or receive electronic mail;
(11) "Financial instrument" includes, but is not limited to, any check, cashier's check, draft, warrant, money order, certificate of deposit, negotiable instrument, letter of credit, bill of exchange, credit card, debit card, marketable security, or any computer system representation thereof;
(12) "Input" means data, facts, concepts, or instructions in a form appropriate for delivery to, or interpretation or processing by, a computer;
(13) "Intellectual property" includes data, which may be in any form including, but not limited to, computer printouts, magnetic storage media, punched cards, or may be stored internally in the memory of a computer;
(14) "Local exchange company" includes telecommunications service providers as defined in § 65-4-101 ; competing telecommunications service providers as such term is defined in § 65-4-101 ; telephone cooperatives; cellular or other wireless telecommunications providers; and interactive computer service providers as defined in 47 U.S.C. § 230(f) ;
(15) "Output" means data, facts, concepts or instructions produced or retrieved by computers from computers or computer memory storage devices;
(16) "Owner" means an owner or lessee of a computer or a computer network, or an owner, lessee or licensee of computer data, computer programs, or computer software;
(17) "Property" shall include: (A) Real property; (B) Computers and computer networks; and (C) Financial instruments, computer data, computer programs, computer software, and all other personal property regardless of whether they are: (i) Tangible or intangible; (ii) In a format readable by humans or by a computer; (iii) In transit between computers or within a computer network or between any devices which comprise a computer; or (iv) Located on any paper or in any device in which it is stored by a computer or by a human;
(A) Real property;
(B) Computers and computer networks; and
(C) Financial instruments, computer data, computer programs, computer software, and all other personal property regardless of whether they are: (i) Tangible or intangible; (ii) In a format readable by humans or by a computer; (iii) In transit between computers or within a computer network or between any devices which comprise a computer; or (iv) Located on any paper or in any device in which it is stored by a computer or by a human;
(i) Tangible or intangible;
(ii) In a format readable by humans or by a computer;
(iii) In transit between computers or within a computer network or between any devices which comprise a computer; or
(iv) Located on any paper or in any device in which it is stored by a computer or by a human;
(18) "Services" includes, but is not limited to, the use of a computer, a computer system, a computer network, computer software, computer program, or data to perform tasks;
(19) "System hacker" means any person who knowingly accesses and without authorization alters, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network; and
(20) "To process" means to use a computer to put data through a systematic sequence of operations for the purpose of producing a specified result.
Acts 1989, ch. 591, § 1; 1993, ch. 445, § 1; 2003, ch. 317, § 2.
Tenn. Code Ann. § 39-17-314 — TN Code / Title 39 / Chapter 17 / Section 39-17-314
Civil disorder
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Civil disorder" means any public disturbance involving acts of violence by an assemblage of two (2) or more persons which acts cause an immediate danger of or result in damage or injury to the property or person of any other individual; (2) "Governmental military force" means the: (A) National guard as defined in 10 U.S.C. § 101(9) ; (B) Organized militia of any state or territory of the United States, the commonwealth of Puerto Rico, or the District of Columbia, not included within the definition of "national guard"; and (C) Armed forces of the United States; and (3) "Law enforcement agency" means a governmental unit of one (1) or more persons employed full time or part time by the state or federal government, or political subdivision of the state or federal government, for the purpose of preventing and detecting crime and enforcing laws or local ordinances and the employees of which are authorized to make arrests for crimes while acting within the scope of their authority. (b) A person commits an offense who assembles with one (1) or more persons for the purpose of training or instructing in the use of, or practicing with, any technique or means capable of causing property damage, bodily injury or death with the intent to employ such training, instruction or practice in the commission of a civil disorder. (c) A violation of this section is a Class D felony. (d) (1) Nothing contained in this section makes unlawful any act protected by the constitution of Tennessee, or any act of a law enforcement officer that is performed in the lawful performance of the officer's official duties. (2) Nothing contained in this section makes unlawful: (A) Any activity of a governmental military force, the Tennessee wildlife resources agency, the department of correction or any law enforcement agency; (B) Any activity intended to teach or practice self-defense or self-defense techniques, such as karate clubs or self-defense clinics, and similar lawful activity; (C) Any facility, program or lawful activity related to firearms instruction and training intended to teach the safe handling and use of firearms; or (D) Any other lawful sports or activities related to the individual recreational use or possession of firearms, including, but not limited to, hunting activities, target shooting, self-defense, firearms collection or any organized activity, including, but not limited to, any hunting club, rifle club, rifle range or shooting range that does not include a conspiracy as defined under the laws of this state, or the knowledge of or the intent to cause or further a civil disorder. (e) Nothing contained in this section makes unlawful any practice or drill of an organization whose purpose is the reenactment of battles for historic purposes or of ceremonial organizations of a military nature. Acts 1990, ch. 971, § 1.
(a) As used in this section, unless the context otherwise requires: (1) "Civil disorder" means any public disturbance involving acts of violence by an assemblage of two (2) or more persons which acts cause an immediate danger of or result in damage or injury to the property or person of any other individual; (2) "Governmental military force" means the: (A) National guard as defined in 10 U.S.C. § 101(9) ; (B) Organized militia of any state or territory of the United States, the commonwealth of Puerto Rico, or the District of Columbia, not included within the definition of "national guard"; and (C) Armed forces of the United States; and (3) "Law enforcement agency" means a governmental unit of one (1) or more persons employed full time or part time by the state or federal government, or political subdivision of the state or federal government, for the purpose of preventing and detecting crime and enforcing laws or local ordinances and the employees of which are authorized to make arrests for crimes while acting within the scope of their authority.
(1) "Civil disorder" means any public disturbance involving acts of violence by an assemblage of two (2) or more persons which acts cause an immediate danger of or result in damage or injury to the property or person of any other individual;
(2) "Governmental military force" means the: (A) National guard as defined in 10 U.S.C. § 101(9) ; (B) Organized militia of any state or territory of the United States, the commonwealth of Puerto Rico, or the District of Columbia, not included within the definition of "national guard"; and (C) Armed forces of the United States; and
(A) National guard as defined in 10 U.S.C. § 101(9) ;
(B) Organized militia of any state or territory of the United States, the commonwealth of Puerto Rico, or the District of Columbia, not included within the definition of "national guard"; and
(C) Armed forces of the United States; and
(3) "Law enforcement agency" means a governmental unit of one (1) or more persons employed full time or part time by the state or federal government, or political subdivision of the state or federal government, for the purpose of preventing and detecting crime and enforcing laws or local ordinances and the employees of which are authorized to make arrests for crimes while acting within the scope of their authority.
(b) A person commits an offense who assembles with one (1) or more persons for the purpose of training or instructing in the use of, or practicing with, any technique or means capable of causing property damage, bodily injury or death with the intent to employ such training, instruction or practice in the commission of a civil disorder.
(c) A violation of this section is a Class D felony.
(d) (1) Nothing contained in this section makes unlawful any act protected by the constitution of Tennessee, or any act of a law enforcement officer that is performed in the lawful performance of the officer's official duties. (2) Nothing contained in this section makes unlawful: (A) Any activity of a governmental military force, the Tennessee wildlife resources agency, the department of correction or any law enforcement agency; (B) Any activity intended to teach or practice self-defense or self-defense techniques, such as karate clubs or self-defense clinics, and similar lawful activity; (C) Any facility, program or lawful activity related to firearms instruction and training intended to teach the safe handling and use of firearms; or (D) Any other lawful sports or activities related to the individual recreational use or possession of firearms, including, but not limited to, hunting activities, target shooting, self-defense, firearms collection or any organized activity, including, but not limited to, any hunting club, rifle club, rifle range or shooting range that does not include a conspiracy as defined under the laws of this state, or the knowledge of or the intent to cause or further a civil disorder.
(1) Nothing contained in this section makes unlawful any act protected by the constitution of Tennessee, or any act of a law enforcement officer that is performed in the lawful performance of the officer's official duties.
(2) Nothing contained in this section makes unlawful: (A) Any activity of a governmental military force, the Tennessee wildlife resources agency, the department of correction or any law enforcement agency; (B) Any activity intended to teach or practice self-defense or self-defense techniques, such as karate clubs or self-defense clinics, and similar lawful activity; (C) Any facility, program or lawful activity related to firearms instruction and training intended to teach the safe handling and use of firearms; or (D) Any other lawful sports or activities related to the individual recreational use or possession of firearms, including, but not limited to, hunting activities, target shooting, self-defense, firearms collection or any organized activity, including, but not limited to, any hunting club, rifle club, rifle range or shooting range that does not include a conspiracy as defined under the laws of this state, or the knowledge of or the intent to cause or further a civil disorder.
(A) Any activity of a governmental military force, the Tennessee wildlife resources agency, the department of correction or any law enforcement agency;
(B) Any activity intended to teach or practice self-defense or self-defense techniques, such as karate clubs or self-defense clinics, and similar lawful activity;
(C) Any facility, program or lawful activity related to firearms instruction and training intended to teach the safe handling and use of firearms; or
(D) Any other lawful sports or activities related to the individual recreational use or possession of firearms, including, but not limited to, hunting activities, target shooting, self-defense, firearms collection or any organized activity, including, but not limited to, any hunting club, rifle club, rifle range or shooting range that does not include a conspiracy as defined under the laws of this state, or the knowledge of or the intent to cause or further a civil disorder.
(e) Nothing contained in this section makes unlawful any practice or drill of an organization whose purpose is the reenactment of battles for historic purposes or of ceremonial organizations of a military nature.
Acts 1990, ch. 971, § 1.
Tenn. Code Ann. § 39-17-1365 — TN Code / Title 39 / Chapter 17 / Section 39-17-1365
Application for temporary handgun carry permit by person granted order of protection - Issuance of permit
Status: in_force

(a) A person who petitions the court and is granted an order of protection, ex parte or otherwise, pursuant to title 36, chapter 3, part 6, may apply for a temporary handgun carry permit from the department of safety within twenty-one (21) calendar days after that order of protection is granted. (b) To be eligible to receive a temporary handgun carry permit, the person must: (1) Apply in person to the department of safety on a temporary handgun carry permit application developed by the department; (2) Include a certified copy of the order of protection with the application; (3) Provide proof of the person's identity and Tennessee residency by presenting: (A) A driver license or photo identification issued by the state of Tennessee; or (B) Other proof satisfactory to the department showing the person's identity and residency; and (4) Meet the qualifications for the issuance of a handgun carry permit under § 39-17-1351(c) . (c) The department of safety shall conduct a name-based criminal history check in the same manner as set forth in § 39-17-1351(n)(3) upon receiving an application for a temporary handgun carry permit under this section. (d) If an applicant meets all the requirements of this section, the department of safety shall issue a temporary handgun carry permit to the applicant that shall be valid for sixty (60) calendar days from the date of issuance. (e) A person issued a temporary handgun carry permit under this section shall carry that permit and a copy of the protective order at all times when carrying a handgun pursuant to this section. (f) A temporary handgun carry permit issued under this section shall only be valid in Tennessee and shall not be considered as satisfying the requirements of reciprocity with any other state firearm carry provisions. (g) A temporary handgun carry permit issued under this section may be issued as a letter to the applicant and may be issued without the applicant's photograph. (h) The issuance of a temporary handgun carry permit under this section does not relieve a person from complying with all requirements of § 39-17-1351 in order to be issued a handgun carry permit pursuant to that section. (i) A temporary handgun carry permit issued under this section is subject to §§ 39-17-1352 - 39-17-1359. Added by 2017 Tenn. Acts, ch. 468,s 3, eff. 1/1/2018.
(a) A person who petitions the court and is granted an order of protection, ex parte or otherwise, pursuant to title 36, chapter 3, part 6, may apply for a temporary handgun carry permit from the department of safety within twenty-one (21) calendar days after that order of protection is granted.
(b) To be eligible to receive a temporary handgun carry permit, the person must: (1) Apply in person to the department of safety on a temporary handgun carry permit application developed by the department; (2) Include a certified copy of the order of protection with the application; (3) Provide proof of the person's identity and Tennessee residency by presenting: (A) A driver license or photo identification issued by the state of Tennessee; or (B) Other proof satisfactory to the department showing the person's identity and residency; and (4) Meet the qualifications for the issuance of a handgun carry permit under § 39-17-1351(c) .
(1) Apply in person to the department of safety on a temporary handgun carry permit application developed by the department;
(2) Include a certified copy of the order of protection with the application;
(3) Provide proof of the person's identity and Tennessee residency by presenting: (A) A driver license or photo identification issued by the state of Tennessee; or (B) Other proof satisfactory to the department showing the person's identity and residency; and
(A) A driver license or photo identification issued by the state of Tennessee; or
(B) Other proof satisfactory to the department showing the person's identity and residency; and
(4) Meet the qualifications for the issuance of a handgun carry permit under § 39-17-1351(c) .
(c) The department of safety shall conduct a name-based criminal history check in the same manner as set forth in § 39-17-1351(n)(3) upon receiving an application for a temporary handgun carry permit under this section.
(d) If an applicant meets all the requirements of this section, the department of safety shall issue a temporary handgun carry permit to the applicant that shall be valid for sixty (60) calendar days from the date of issuance.
(e) A person issued a temporary handgun carry permit under this section shall carry that permit and a copy of the protective order at all times when carrying a handgun pursuant to this section.
(f) A temporary handgun carry permit issued under this section shall only be valid in Tennessee and shall not be considered as satisfying the requirements of reciprocity with any other state firearm carry provisions.
(g) A temporary handgun carry permit issued under this section may be issued as a letter to the applicant and may be issued without the applicant's photograph.
(h) The issuance of a temporary handgun carry permit under this section does not relieve a person from complying with all requirements of § 39-17-1351 in order to be issued a handgun carry permit pursuant to that section.
(i) A temporary handgun carry permit issued under this section is subject to §§ 39-17-1352 - 39-17-1359.
Added by 2017 Tenn. Acts, ch. 468,s 3, eff. 1/1/2018.
Tenn. Code Ann. § 39-15-209 — TN Code / Title 39 / Chapter 15 / Section 39-15-209
Partial birth abortions
Status: in_force

(a) For purposes of this section, unless the context otherwise requires: (1) "Partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery; and (2) "Vaginally delivers a living fetus before killing the fetus" means deliberately and intentionally delivers into the vagina a living fetus, or a substantial portion of a living fetus, for the purpose of performing a procedure the physician knows will kill the fetus, and kills the fetus. (b) No person shall knowingly perform a partial-birth abortion. (c) Subsection (b) shall not apply to a partial-birth abortion that is necessary to save the life of the mother whose life is endangered by a physical disorder, illness or injury. (d) (1) A defendant accused of an offense under this section may seek a hearing before the state medical board that licenses the physician, on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, illness or injury. (2) The findings on that issue are admissible on that issue at the trial of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more than thirty (30) days to permit the hearing to take place. (e) (1) Performance of a partial-birth abortion in knowing or reckless violation of this section shall be a Class C felony. (2) A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section for violating this section or any of its provisions, or for conspiracy to violate this section or any of its provisions. Acts 1997, ch. 414, § 1.
(a) For purposes of this section, unless the context otherwise requires: (1) "Partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery; and (2) "Vaginally delivers a living fetus before killing the fetus" means deliberately and intentionally delivers into the vagina a living fetus, or a substantial portion of a living fetus, for the purpose of performing a procedure the physician knows will kill the fetus, and kills the fetus.
(1) "Partial-birth abortion" means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery; and
(2) "Vaginally delivers a living fetus before killing the fetus" means deliberately and intentionally delivers into the vagina a living fetus, or a substantial portion of a living fetus, for the purpose of performing a procedure the physician knows will kill the fetus, and kills the fetus.
(b) No person shall knowingly perform a partial-birth abortion.
(c) Subsection (b) shall not apply to a partial-birth abortion that is necessary to save the life of the mother whose life is endangered by a physical disorder, illness or injury.
(d) (1) A defendant accused of an offense under this section may seek a hearing before the state medical board that licenses the physician, on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, illness or injury. (2) The findings on that issue are admissible on that issue at the trial of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more than thirty (30) days to permit the hearing to take place.
(1) A defendant accused of an offense under this section may seek a hearing before the state medical board that licenses the physician, on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, illness or injury.
(2) The findings on that issue are admissible on that issue at the trial of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more than thirty (30) days to permit the hearing to take place.
(e) (1) Performance of a partial-birth abortion in knowing or reckless violation of this section shall be a Class C felony. (2) A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section for violating this section or any of its provisions, or for conspiracy to violate this section or any of its provisions.
(1) Performance of a partial-birth abortion in knowing or reckless violation of this section shall be a Class C felony.
(2) A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section for violating this section or any of its provisions, or for conspiracy to violate this section or any of its provisions.
Acts 1997, ch. 414, § 1.
Tenn. Code Ann. § 39-16-517 — TN Code / Title 39 / Chapter 16 / Section 39-16-517
Threat of mass violence on school property or at school-related activity
Status: in_force

(a) As used in this section: (1) "Mass violence" means any act which a reasonable person would conclude could lead to the serious bodily injury, as defined in § 39-11-106 , or the death of two (2) or more persons; (2) "Means of communication" means direct and indirect verbal, written, or electronic communications, including graffiti, pictures, diagrams, telephone calls, voice over internet protocol calls, video messages, voice mails, electronic mail, social media posts, instant messages, chat group posts, text messages, and any other recognized means of conveying information; (3) "School" means any public or private elementary school, middle school, high school, college of applied technology, postsecondary vocational or technical school, or two-year or four-year college or university; and (4) "School property" means any school building or bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by any local education agency, private school board of trustees, or directors for the administration of any school. (b) (1) A person who recklessly, by any means of communication, threatens to commit an act of mass violence on school property or at a school-related activity commits a Class E felony. (2) This section does not apply to a person with an intellectual disability, as defined in § 33-1-101 . (c) As a condition of bail or other pretrial release, the court may, in its discretion, order the defendant to undergo an evaluation, under § 33-7-301 , to determine whether the defendant poses a substantial likelihood of serious harm to the person or others. (d) (1) Any person who has knowledge of a threat of mass violence on school property or at a school-related activity shall report the threat immediately to: (A) The local law enforcement agency with jurisdiction over the school property or school-related activity; and (B) The school that is subject to the threat of mass violence. (2) The report must include, to the extent known by the reporter, the nature of the threat of mass violence, the name and address of the person making the threat, the facts requiring the report, and any other pertinent information. (3) Any person who has knowledge of a threat of mass violence on school property or at a school-related activity and knowingly fails to report the threat commits a Class B misdemeanor. (e) In addition to any other penalty authorized by law, a sentencing court may order a person convicted under subsection (b) to pay restitution, including costs and damages resulting from the disruption of the normal activity that would have otherwise occurred on the school property or at the school-related activity but for the threat to commit an act of mass violence. (f) If a juvenile is adjudicated delinquent for a violation of subsection (b) pursuant to title 37, chapter 1, part 1, then the disposition must include, in addition to any other disposition authorized by law, the suspension of the juvenile's driving privileges or ability to obtain a driver license for a period of one (1) year in accordance with the procedure set out in title 55, chapter 10, part 7. Amended by 2024 Tenn. Acts, ch. 887,s 1, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 727,s 1, eff. 7/1/2024. Added by 2021 Tenn. Acts, ch. 395, s 1, eff. 7/1/2021.
(a) As used in this section: (1) "Mass violence" means any act which a reasonable person would conclude could lead to the serious bodily injury, as defined in § 39-11-106 , or the death of two (2) or more persons; (2) "Means of communication" means direct and indirect verbal, written, or electronic communications, including graffiti, pictures, diagrams, telephone calls, voice over internet protocol calls, video messages, voice mails, electronic mail, social media posts, instant messages, chat group posts, text messages, and any other recognized means of conveying information; (3) "School" means any public or private elementary school, middle school, high school, college of applied technology, postsecondary vocational or technical school, or two-year or four-year college or university; and (4) "School property" means any school building or bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by any local education agency, private school board of trustees, or directors for the administration of any school.
(1) "Mass violence" means any act which a reasonable person would conclude could lead to the serious bodily injury, as defined in § 39-11-106 , or the death of two (2) or more persons;
(2) "Means of communication" means direct and indirect verbal, written, or electronic communications, including graffiti, pictures, diagrams, telephone calls, voice over internet protocol calls, video messages, voice mails, electronic mail, social media posts, instant messages, chat group posts, text messages, and any other recognized means of conveying information;
(3) "School" means any public or private elementary school, middle school, high school, college of applied technology, postsecondary vocational or technical school, or two-year or four-year college or university; and
(4) "School property" means any school building or bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by any local education agency, private school board of trustees, or directors for the administration of any school.
(b) (1) A person who recklessly, by any means of communication, threatens to commit an act of mass violence on school property or at a school-related activity commits a Class E felony. (2) This section does not apply to a person with an intellectual disability, as defined in § 33-1-101 .
(1) A person who recklessly, by any means of communication, threatens to commit an act of mass violence on school property or at a school-related activity commits a Class E felony.
(2) This section does not apply to a person with an intellectual disability, as defined in § 33-1-101 .
(c) As a condition of bail or other pretrial release, the court may, in its discretion, order the defendant to undergo an evaluation, under § 33-7-301 , to determine whether the defendant poses a substantial likelihood of serious harm to the person or others.
(d) (1) Any person who has knowledge of a threat of mass violence on school property or at a school-related activity shall report the threat immediately to: (A) The local law enforcement agency with jurisdiction over the school property or school-related activity; and (B) The school that is subject to the threat of mass violence. (2) The report must include, to the extent known by the reporter, the nature of the threat of mass violence, the name and address of the person making the threat, the facts requiring the report, and any other pertinent information. (3) Any person who has knowledge of a threat of mass violence on school property or at a school-related activity and knowingly fails to report the threat commits a Class B misdemeanor.
(1) Any person who has knowledge of a threat of mass violence on school property or at a school-related activity shall report the threat immediately to: (A) The local law enforcement agency with jurisdiction over the school property or school-related activity; and (B) The school that is subject to the threat of mass violence.
(A) The local law enforcement agency with jurisdiction over the school property or school-related activity; and
(B) The school that is subject to the threat of mass violence.
(2) The report must include, to the extent known by the reporter, the nature of the threat of mass violence, the name and address of the person making the threat, the facts requiring the report, and any other pertinent information.
(3) Any person who has knowledge of a threat of mass violence on school property or at a school-related activity and knowingly fails to report the threat commits a Class B misdemeanor.
(e) In addition to any other penalty authorized by law, a sentencing court may order a person convicted under subsection (b) to pay restitution, including costs and damages resulting from the disruption of the normal activity that would have otherwise occurred on the school property or at the school-related activity but for the threat to commit an act of mass violence.
(f) If a juvenile is adjudicated delinquent for a violation of subsection (b) pursuant to title 37, chapter 1, part 1, then the disposition must include, in addition to any other disposition authorized by law, the suspension of the juvenile's driving privileges or ability to obtain a driver license for a period of one (1) year in accordance with the procedure set out in title 55, chapter 10, part 7.
Amended by 2024 Tenn. Acts, ch. 887,s 1, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 727,s 1, eff. 7/1/2024.
Added by 2021 Tenn. Acts, ch. 395, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 39-17-912 — TN Code / Title 39 / Chapter 17 / Section 39-17-912
Protect Tennessee Minors Act
Status: in_force

(a) This section is known and may be cited as the "Protect Tennessee Minors Act." (b) As used in this section: (1) "Active user" means the viewer of a website; (2) "Age-verified session" refers to the lesser of the session during which the active user's age was verified using a reasonable age-verification method or sixty (60) minutes from the time the active user's age was verified using a reasonable age-verification method; (3) "Anonymized age-verification data" refers to data sufficient to prove a reasonable age-verification method was used to verify the age of the active user as eighteen (18) or more years of age and dissociated with any personally identifying information. At a minimum, anonymized age-verification data must include architectural diagrams illustrating the technological assets and logical processes by which the reasonable age-verification method is accomplished and data demonstrating a volume of reasonable age-verification method executions consistent with the overall volume of visits to the website; (4) "Commercial entity" means a corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legally recognized entity; (5) "Content harmful to minors" means: (A) (i) Text, audio, imagery, or video the average person, applying contemporary community standards and taking the material as a whole and with respect to minors of any age, would find sexually explicit and harmful or inappropriate for minors or designed to appeal to or pander to the prurient interest; or (ii) Text, audio, imagery, or video that exploits, is devoted to, or principally consists of an actual, simulated, or animated display or depiction of any of the following: (a) Pubic hair, vulva, vagina, penis, testicles, anus, or nipple of a human body; (b) Pubic hair, vulva, vagina, penis, testicles, anus, or nipple of a fictitious character's body, or the parts of a fictitious character's body analogous or functionally equivalent to the aforementioned parts of the human body; (c) Touching, caressing, fondling, or other sexual stimulation of human nipples, breasts, buttocks, anuses, or genitals, or the analogous or functionally equivalent parts of a fictitious character's body; or (d) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act; and (B) When taken as a whole, lacks serious literary, artistic, political, or scientific value for minors; (6) "Distribute" means to issue, sell, give, provide, deliver, transfer, transmute, circulate, disseminate, or by any other means make available on the internet; (7) "Internet" means the global information system that is logically linked together by a globally unique address space based on the Internet Protocol (IP), or its subsequent extension, and is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high level services layered on communications and related infrastructure; (8) "Minor" means a person under eighteen (18) years of age; (9) "News-gathering organization" means any of the following: (A) An employee of a newspaper, news publication, or other source of current news of general, public interest, while operating as an employee as provided in this subdivision (b)(9)(A), who can provide documentation of such employment with the newspaper, news publication, or news source; or (B) An employee of a radio broadcast station, television broadcast station, cable television operator, or wire service while operating as an employee as provided in this subdivision (b)(9)(B), who can provide documentation of such employment; (10) "Publish" means to communicate or make available to another person or entity content on a website; (11) "Reasonable age-verification method" includes the following means of establishing the age of the person attempting to view content harmful to minors, implemented in a manner not easily bypassed or circumvented: (A) The matching of a photograph of the active user taken between the attempt to view content harmful to minors and the viewing of content harmful to minors, using the device by which the attempt to view content harmful to minors is being made, to the photograph on a valid form of identification issued by a state of the United States of America; or (B) A commercially reasonable method relying on public or private transactional data to verify that the age of the person attempting to access the information is at least eighteen (18) years of age or older; (12) "Session" refers to the length of time the active user spends on a website as manifested by the session; (13) "Substantial portion" means thirty-three and one-third percent (331/3%) or more of the total amount of data available on a website; (14) "Transactional data": (A) Means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or event; and (B) Includes records from a mortgage, education, or employment entity; (15) "Website" means content or material accessible to the public via the internet, inclusive of the infrastructure, code, and other technological assets particular to the functioning of the website; and (16) "Website owner" means an individual or commercial entity that owns, operates, or manages a website. (c) An individual or commercial entity that publishes or distributes in this state a website that contains a substantial portion of content harmful to minors is liable if the individual or commercial entity does not: (1) Verify, using a reasonable age-verification method, the age of each active user attempting to access its website; or (2) Verify, using a reasonable age-verification method, the age of an active user attempting to access its website again after completion of an age-verified session. (d) A website owner, commercial entity, or third party that executes a required age-verification method shall: (1) Retain at least seven (7) years of historical anonymized age-verification data; and (2) Not retain any personally identifying information of the active user after access to the content harmful to minors has been granted. (e) (1) An individual or commercial entity that is found to have violated subsection (c) is liable to an individual for damages resulting from a minor's accessing the content harmful to minors, including court costs and reasonable attorney fees as ordered by the court. (2) An individual or commercial entity that is found to have knowingly retained personally identifying information of an active user after access has been granted to the active user is liable to the active user for damages resulting from retention of the identifying information, including court costs and reasonable attorney fees as ordered by the court. (f) This section does not apply to a bona fide news or public interest broadcast, website video, report, or event and does not affect the rights of any news-gathering organizations. (g) An internet service provider, or its affiliates or subsidiaries, search engine, or cloud service provider does not violate this section solely for providing access or connection to or from a website or other information or content on the internet or a facility, system, or network not under that provider's control, including transmission, downloading, intermediate storage, or access software, to the extent such provider is not responsible for the creation of the content of the communication that constitutes content harmful to minors. (h) It is not a violation of this section to distribute, sell, display, or expose material, the distribution, sale, display, or exposure of which is otherwise permitted by law. (i) A violation of subsection (c) or (d) is a Class C felony. (j) The attorney general and reporter may bring any appropriate action or proceeding in a court of competent jurisdiction against a commercial entity that fails to comply with this section. (k) All laws in conflict with this section are repealed to the extent of such conflict. Added by 2024 Tenn. Acts, ch. 1021,s 1, eff. 1/1/2025.
(a) This section is known and may be cited as the "Protect Tennessee Minors Act."
(b) As used in this section: (1) "Active user" means the viewer of a website; (2) "Age-verified session" refers to the lesser of the session during which the active user's age was verified using a reasonable age-verification method or sixty (60) minutes from the time the active user's age was verified using a reasonable age-verification method; (3) "Anonymized age-verification data" refers to data sufficient to prove a reasonable age-verification method was used to verify the age of the active user as eighteen (18) or more years of age and dissociated with any personally identifying information. At a minimum, anonymized age-verification data must include architectural diagrams illustrating the technological assets and logical processes by which the reasonable age-verification method is accomplished and data demonstrating a volume of reasonable age-verification method executions consistent with the overall volume of visits to the website; (4) "Commercial entity" means a corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legally recognized entity; (5) "Content harmful to minors" means: (A) (i) Text, audio, imagery, or video the average person, applying contemporary community standards and taking the material as a whole and with respect to minors of any age, would find sexually explicit and harmful or inappropriate for minors or designed to appeal to or pander to the prurient interest; or (ii) Text, audio, imagery, or video that exploits, is devoted to, or principally consists of an actual, simulated, or animated display or depiction of any of the following: (a) Pubic hair, vulva, vagina, penis, testicles, anus, or nipple of a human body; (b) Pubic hair, vulva, vagina, penis, testicles, anus, or nipple of a fictitious character's body, or the parts of a fictitious character's body analogous or functionally equivalent to the aforementioned parts of the human body; (c) Touching, caressing, fondling, or other sexual stimulation of human nipples, breasts, buttocks, anuses, or genitals, or the analogous or functionally equivalent parts of a fictitious character's body; or (d) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act; and (B) When taken as a whole, lacks serious literary, artistic, political, or scientific value for minors; (6) "Distribute" means to issue, sell, give, provide, deliver, transfer, transmute, circulate, disseminate, or by any other means make available on the internet; (7) "Internet" means the global information system that is logically linked together by a globally unique address space based on the Internet Protocol (IP), or its subsequent extension, and is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high level services layered on communications and related infrastructure; (8) "Minor" means a person under eighteen (18) years of age; (9) "News-gathering organization" means any of the following: (A) An employee of a newspaper, news publication, or other source of current news of general, public interest, while operating as an employee as provided in this subdivision (b)(9)(A), who can provide documentation of such employment with the newspaper, news publication, or news source; or (B) An employee of a radio broadcast station, television broadcast station, cable television operator, or wire service while operating as an employee as provided in this subdivision (b)(9)(B), who can provide documentation of such employment; (10) "Publish" means to communicate or make available to another person or entity content on a website; (11) "Reasonable age-verification method" includes the following means of establishing the age of the person attempting to view content harmful to minors, implemented in a manner not easily bypassed or circumvented: (A) The matching of a photograph of the active user taken between the attempt to view content harmful to minors and the viewing of content harmful to minors, using the device by which the attempt to view content harmful to minors is being made, to the photograph on a valid form of identification issued by a state of the United States of America; or (B) A commercially reasonable method relying on public or private transactional data to verify that the age of the person attempting to access the information is at least eighteen (18) years of age or older; (12) "Session" refers to the length of time the active user spends on a website as manifested by the session; (13) "Substantial portion" means thirty-three and one-third percent (331/3%) or more of the total amount of data available on a website; (14) "Transactional data": (A) Means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or event; and (B) Includes records from a mortgage, education, or employment entity; (15) "Website" means content or material accessible to the public via the internet, inclusive of the infrastructure, code, and other technological assets particular to the functioning of the website; and (16) "Website owner" means an individual or commercial entity that owns, operates, or manages a website.
(1) "Active user" means the viewer of a website;
(2) "Age-verified session" refers to the lesser of the session during which the active user's age was verified using a reasonable age-verification method or sixty (60) minutes from the time the active user's age was verified using a reasonable age-verification method;
(3) "Anonymized age-verification data" refers to data sufficient to prove a reasonable age-verification method was used to verify the age of the active user as eighteen (18) or more years of age and dissociated with any personally identifying information. At a minimum, anonymized age-verification data must include architectural diagrams illustrating the technological assets and logical processes by which the reasonable age-verification method is accomplished and data demonstrating a volume of reasonable age-verification method executions consistent with the overall volume of visits to the website;
(4) "Commercial entity" means a corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legally recognized entity;
(5) "Content harmful to minors" means: (A) (i) Text, audio, imagery, or video the average person, applying contemporary community standards and taking the material as a whole and with respect to minors of any age, would find sexually explicit and harmful or inappropriate for minors or designed to appeal to or pander to the prurient interest; or (ii) Text, audio, imagery, or video that exploits, is devoted to, or principally consists of an actual, simulated, or animated display or depiction of any of the following: (a) Pubic hair, vulva, vagina, penis, testicles, anus, or nipple of a human body; (b) Pubic hair, vulva, vagina, penis, testicles, anus, or nipple of a fictitious character's body, or the parts of a fictitious character's body analogous or functionally equivalent to the aforementioned parts of the human body; (c) Touching, caressing, fondling, or other sexual stimulation of human nipples, breasts, buttocks, anuses, or genitals, or the analogous or functionally equivalent parts of a fictitious character's body; or (d) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act; and (B) When taken as a whole, lacks serious literary, artistic, political, or scientific value for minors;
(A) (i) Text, audio, imagery, or video the average person, applying contemporary community standards and taking the material as a whole and with respect to minors of any age, would find sexually explicit and harmful or inappropriate for minors or designed to appeal to or pander to the prurient interest; or (ii) Text, audio, imagery, or video that exploits, is devoted to, or principally consists of an actual, simulated, or animated display or depiction of any of the following: (a) Pubic hair, vulva, vagina, penis, testicles, anus, or nipple of a human body; (b) Pubic hair, vulva, vagina, penis, testicles, anus, or nipple of a fictitious character's body, or the parts of a fictitious character's body analogous or functionally equivalent to the aforementioned parts of the human body; (c) Touching, caressing, fondling, or other sexual stimulation of human nipples, breasts, buttocks, anuses, or genitals, or the analogous or functionally equivalent parts of a fictitious character's body; or (d) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act; and
(i) Text, audio, imagery, or video the average person, applying contemporary community standards and taking the material as a whole and with respect to minors of any age, would find sexually explicit and harmful or inappropriate for minors or designed to appeal to or pander to the prurient interest; or
(ii) Text, audio, imagery, or video that exploits, is devoted to, or principally consists of an actual, simulated, or animated display or depiction of any of the following: (a) Pubic hair, vulva, vagina, penis, testicles, anus, or nipple of a human body; (b) Pubic hair, vulva, vagina, penis, testicles, anus, or nipple of a fictitious character's body, or the parts of a fictitious character's body analogous or functionally equivalent to the aforementioned parts of the human body; (c) Touching, caressing, fondling, or other sexual stimulation of human nipples, breasts, buttocks, anuses, or genitals, or the analogous or functionally equivalent parts of a fictitious character's body; or (d) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act; and
(a) Pubic hair, vulva, vagina, penis, testicles, anus, or nipple of a human body;
(b) Pubic hair, vulva, vagina, penis, testicles, anus, or nipple of a fictitious character's body, or the parts of a fictitious character's body analogous or functionally equivalent to the aforementioned parts of the human body;
(c) Touching, caressing, fondling, or other sexual stimulation of human nipples, breasts, buttocks, anuses, or genitals, or the analogous or functionally equivalent parts of a fictitious character's body; or
(d) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act; and
(B) When taken as a whole, lacks serious literary, artistic, political, or scientific value for minors;
(6) "Distribute" means to issue, sell, give, provide, deliver, transfer, transmute, circulate, disseminate, or by any other means make available on the internet;
(7) "Internet" means the global information system that is logically linked together by a globally unique address space based on the Internet Protocol (IP), or its subsequent extension, and is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high level services layered on communications and related infrastructure;
(8) "Minor" means a person under eighteen (18) years of age;
(9) "News-gathering organization" means any of the following: (A) An employee of a newspaper, news publication, or other source of current news of general, public interest, while operating as an employee as provided in this subdivision (b)(9)(A), who can provide documentation of such employment with the newspaper, news publication, or news source; or (B) An employee of a radio broadcast station, television broadcast station, cable television operator, or wire service while operating as an employee as provided in this subdivision (b)(9)(B), who can provide documentation of such employment;
(A) An employee of a newspaper, news publication, or other source of current news of general, public interest, while operating as an employee as provided in this subdivision (b)(9)(A), who can provide documentation of such employment with the newspaper, news publication, or news source; or
(B) An employee of a radio broadcast station, television broadcast station, cable television operator, or wire service while operating as an employee as provided in this subdivision (b)(9)(B), who can provide documentation of such employment;
(10) "Publish" means to communicate or make available to another person or entity content on a website;
(11) "Reasonable age-verification method" includes the following means of establishing the age of the person attempting to view content harmful to minors, implemented in a manner not easily bypassed or circumvented: (A) The matching of a photograph of the active user taken between the attempt to view content harmful to minors and the viewing of content harmful to minors, using the device by which the attempt to view content harmful to minors is being made, to the photograph on a valid form of identification issued by a state of the United States of America; or (B) A commercially reasonable method relying on public or private transactional data to verify that the age of the person attempting to access the information is at least eighteen (18) years of age or older;
(A) The matching of a photograph of the active user taken between the attempt to view content harmful to minors and the viewing of content harmful to minors, using the device by which the attempt to view content harmful to minors is being made, to the photograph on a valid form of identification issued by a state of the United States of America; or
(B) A commercially reasonable method relying on public or private transactional data to verify that the age of the person attempting to access the information is at least eighteen (18) years of age or older;
(12) "Session" refers to the length of time the active user spends on a website as manifested by the session;
(13) "Substantial portion" means thirty-three and one-third percent (331/3%) or more of the total amount of data available on a website;
(14) "Transactional data": (A) Means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or event; and (B) Includes records from a mortgage, education, or employment entity;
(A) Means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or event; and
(B) Includes records from a mortgage, education, or employment entity;
(15) "Website" means content or material accessible to the public via the internet, inclusive of the infrastructure, code, and other technological assets particular to the functioning of the website; and
(16) "Website owner" means an individual or commercial entity that owns, operates, or manages a website.
(c) An individual or commercial entity that publishes or distributes in this state a website that contains a substantial portion of content harmful to minors is liable if the individual or commercial entity does not: (1) Verify, using a reasonable age-verification method, the age of each active user attempting to access its website; or (2) Verify, using a reasonable age-verification method, the age of an active user attempting to access its website again after completion of an age-verified session.
(1) Verify, using a reasonable age-verification method, the age of each active user attempting to access its website; or
(2) Verify, using a reasonable age-verification method, the age of an active user attempting to access its website again after completion of an age-verified session.
(d) A website owner, commercial entity, or third party that executes a required age-verification method shall: (1) Retain at least seven (7) years of historical anonymized age-verification data; and (2) Not retain any personally identifying information of the active user after access to the content harmful to minors has been granted.
(1) Retain at least seven (7) years of historical anonymized age-verification data; and
(2) Not retain any personally identifying information of the active user after access to the content harmful to minors has been granted.
(e) (1) An individual or commercial entity that is found to have violated subsection (c) is liable to an individual for damages resulting from a minor's accessing the content harmful to minors, including court costs and reasonable attorney fees as ordered by the court. (2) An individual or commercial entity that is found to have knowingly retained personally identifying information of an active user after access has been granted to the active user is liable to the active user for damages resulting from retention of the identifying information, including court costs and reasonable attorney fees as ordered by the court.
(1) An individual or commercial entity that is found to have violated subsection (c) is liable to an individual for damages resulting from a minor's accessing the content harmful to minors, including court costs and reasonable attorney fees as ordered by the court.
(2) An individual or commercial entity that is found to have knowingly retained personally identifying information of an active user after access has been granted to the active user is liable to the active user for damages resulting from retention of the identifying information, including court costs and reasonable attorney fees as ordered by the court.
(f) This section does not apply to a bona fide news or public interest broadcast, website video, report, or event and does not affect the rights of any news-gathering organizations.
(g) An internet service provider, or its affiliates or subsidiaries, search engine, or cloud service provider does not violate this section solely for providing access or connection to or from a website or other information or content on the internet or a facility, system, or network not under that provider's control, including transmission, downloading, intermediate storage, or access software, to the extent such provider is not responsible for the creation of the content of the communication that constitutes content harmful to minors.
(h) It is not a violation of this section to distribute, sell, display, or expose material, the distribution, sale, display, or exposure of which is otherwise permitted by law.
(i) A violation of subsection (c) or (d) is a Class C felony.
(j) The attorney general and reporter may bring any appropriate action or proceeding in a court of competent jurisdiction against a commercial entity that fails to comply with this section.
(k) All laws in conflict with this section are repealed to the extent of such conflict.
Added by 2024 Tenn. Acts, ch. 1021,s 1, eff. 1/1/2025.
Tenn. Code Ann. § 39-14-205 — TN Code / Title 39 / Chapter 14 / Section 39-14-205
Knowing killing of animal
Status: in_force

(a) (1) It is an offense to knowingly and unlawfully kill the animal of another without the owner's effective consent. (2) A violation of subdivision (a)(1) is theft of property, graded according to the value of the animal, and punished in accordance with § 39-14-105 . (b) A person is justified in killing the animal of another if the person acted under a reasonable belief that the animal was creating an imminent danger of death or serious bodily injury to that person or another or an imminent danger of death to an animal owned by or in the control of that person. A person is not justified in killing the animal of another if, at the time of the killing, the person is trespassing upon the property of the owner of the animal. Amended by 2022 Tenn. Acts, ch. 1106, s 3, eff. 7/1/2022. Amended by 2015 Tenn. Acts, ch. 409, s 1, eff. 5/8/2015. Acts 1989, ch. 591, § 1; 1996, ch. 927, §§ 1, 2; 2004, ch. 957, § 1; 2007 , ch. 466, § 1; 2008 , ch. 1172, § 1.
(a) (1) It is an offense to knowingly and unlawfully kill the animal of another without the owner's effective consent. (2) A violation of subdivision (a)(1) is theft of property, graded according to the value of the animal, and punished in accordance with § 39-14-105 .
(1) It is an offense to knowingly and unlawfully kill the animal of another without the owner's effective consent.
(2) A violation of subdivision (a)(1) is theft of property, graded according to the value of the animal, and punished in accordance with § 39-14-105 .
(b) A person is justified in killing the animal of another if the person acted under a reasonable belief that the animal was creating an imminent danger of death or serious bodily injury to that person or another or an imminent danger of death to an animal owned by or in the control of that person. A person is not justified in killing the animal of another if, at the time of the killing, the person is trespassing upon the property of the owner of the animal.
Amended by 2022 Tenn. Acts, ch. 1106, s 3, eff. 7/1/2022.
Amended by 2015 Tenn. Acts, ch. 409, s 1, eff. 5/8/2015.
Acts 1989, ch. 591, § 1; 1996, ch. 927, §§ 1, 2; 2004, ch. 957, § 1; 2007 , ch. 466, § 1; 2008 , ch. 1172, § 1.
Tenn. Code Ann. § 39-12-301 — TN Code / Title 39 / Chapter 12 / Section 39-12-301
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Acting in concert", as used in this part, means such conduct that would make one criminally responsible pursuant to § 39-11-401 , § 39-11-402 , or § 39-11-403 ; and (2) "Crime of force or violence" means any of the following felony offenses: (A) Aggravated assault as defined in § 39-13-102(a)(1) ; (B) Robbery as defined in § 39-13-401 ; and (C) Aggravated burglary as defined in § 39-13-1003 . Amended by 2021 Tenn. Acts, ch. 545, s 8, eff. 7/1/2021. Acts 2012 , ch. 725, § 2.
As used in this part, unless the context otherwise requires:
(1) "Acting in concert", as used in this part, means such conduct that would make one criminally responsible pursuant to § 39-11-401 , § 39-11-402 , or § 39-11-403 ; and
(2) "Crime of force or violence" means any of the following felony offenses: (A) Aggravated assault as defined in § 39-13-102(a)(1) ; (B) Robbery as defined in § 39-13-401 ; and (C) Aggravated burglary as defined in § 39-13-1003 .
(A) Aggravated assault as defined in § 39-13-102(a)(1) ;
(B) Robbery as defined in § 39-13-401 ; and
(C) Aggravated burglary as defined in § 39-13-1003 .
Amended by 2021 Tenn. Acts, ch. 545, s 8, eff. 7/1/2021.
Acts 2012 , ch. 725, § 2.
Tenn. Code Ann. § 39-13-308 — TN Code / Title 39 / Chapter 13 / Section 39-13-308
Trafficking for forced labor or services
Status: in_force

(a) A person commits the offense of trafficking persons for forced labor or services who knowingly: (1) Recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, transport, provide, or obtain by any means, another person, intending or knowing that the person will be subjected to involuntary servitude; or (2) Benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act described in § 39-13-307 . (b) In addition to any other amount of loss identified or any other punishment imposed, the court shall order restitution to the victim or victims in an amount equal to the greater of: (1) The gross income or value of the benefit received by the defendant as the result of the victim's labor or services; or (2) The value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) ( 29 U.S.C. § 201 et seq.), or the minimum wage required in this state, whichever is higher. (c) (1) Trafficking for forced labor or services is a Class C felony. (2) Trafficking for forced labor or services is a Class A felony if the victim was more than twelve (12) years of age but less than eighteen (18) years of age. Acts 2008, ch. 1140, § 3; 2022, ch. 1089, § 3; 2022, ch. 1115, § 20.
(a) A person commits the offense of trafficking persons for forced labor or services who knowingly: (1) Recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, transport, provide, or obtain by any means, another person, intending or knowing that the person will be subjected to involuntary servitude; or (2) Benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act described in § 39-13-307 .
(1) Recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, transport, provide, or obtain by any means, another person, intending or knowing that the person will be subjected to involuntary servitude; or
(2) Benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act described in § 39-13-307 .
(b) In addition to any other amount of loss identified or any other punishment imposed, the court shall order restitution to the victim or victims in an amount equal to the greater of: (1) The gross income or value of the benefit received by the defendant as the result of the victim's labor or services; or (2) The value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) ( 29 U.S.C. § 201 et seq.), or the minimum wage required in this state, whichever is higher.
(1) The gross income or value of the benefit received by the defendant as the result of the victim's labor or services; or
(2) The value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) ( 29 U.S.C. § 201 et seq.), or the minimum wage required in this state, whichever is higher.
(c) (1) Trafficking for forced labor or services is a Class C felony. (2) Trafficking for forced labor or services is a Class A felony if the victim was more than twelve (12) years of age but less than eighteen (18) years of age.
(1) Trafficking for forced labor or services is a Class C felony.
(2) Trafficking for forced labor or services is a Class A felony if the victim was more than twelve (12) years of age but less than eighteen (18) years of age.
Acts 2008, ch. 1140, § 3; 2022, ch. 1089, § 3; 2022, ch. 1115, § 20.
Tenn. Code Ann. § 39-16-504 — TN Code / Title 39 / Chapter 16 / Section 39-16-504
Destruction of and tampering with governmental records
Status: in_force

(a) It is unlawful for any person to: (1) Knowingly make a false entry in, or false alteration of, a governmental record; (2) Make, present, or use any record, document or thing with knowledge of its falsity and with intent that it will be taken as a genuine governmental record; or (3) Intentionally and unlawfully destroy, conceal, remove or otherwise impair the verity, legibility or availability of a governmental record. (b) A violation of this section is a Class E felony. (c) (1) Upon notification from any public official having custody of government records, including those created by municipal, county or state government agencies, that records have been unlawfully removed from a government records office, appropriate legal action may be taken by the city attorney, county attorney or attorney general, as the case may be, to obtain a warrant for possession of any public records which have been unlawfully transferred or removed in violation of this section. (2) The records shall be returned to the office of origin immediately after safeguards are established to prevent further recurrence of unlawful transfer or removal. Amended by 2019 Tenn. Acts, ch. 495,s 1, eff. 7/1/2019. Acts 1989, ch. 591, § 1; 1998, ch. 906, § 1.
(a) It is unlawful for any person to: (1) Knowingly make a false entry in, or false alteration of, a governmental record; (2) Make, present, or use any record, document or thing with knowledge of its falsity and with intent that it will be taken as a genuine governmental record; or (3) Intentionally and unlawfully destroy, conceal, remove or otherwise impair the verity, legibility or availability of a governmental record.
(1) Knowingly make a false entry in, or false alteration of, a governmental record;
(2) Make, present, or use any record, document or thing with knowledge of its falsity and with intent that it will be taken as a genuine governmental record; or
(3) Intentionally and unlawfully destroy, conceal, remove or otherwise impair the verity, legibility or availability of a governmental record.
(b) A violation of this section is a Class E felony.
(c) (1) Upon notification from any public official having custody of government records, including those created by municipal, county or state government agencies, that records have been unlawfully removed from a government records office, appropriate legal action may be taken by the city attorney, county attorney or attorney general, as the case may be, to obtain a warrant for possession of any public records which have been unlawfully transferred or removed in violation of this section. (2) The records shall be returned to the office of origin immediately after safeguards are established to prevent further recurrence of unlawful transfer or removal.
(1) Upon notification from any public official having custody of government records, including those created by municipal, county or state government agencies, that records have been unlawfully removed from a government records office, appropriate legal action may be taken by the city attorney, county attorney or attorney general, as the case may be, to obtain a warrant for possession of any public records which have been unlawfully transferred or removed in violation of this section.
(2) The records shall be returned to the office of origin immediately after safeguards are established to prevent further recurrence of unlawful transfer or removal.
Amended by 2019 Tenn. Acts, ch. 495,s 1, eff. 7/1/2019.
Acts 1989, ch. 591, § 1; 1998, ch. 906, § 1.
Tenn. Code Ann. § 39-13-302 — TN Code / Title 39 / Chapter 13 / Section 39-13-302
False imprisonment
Status: in_force

(a) A person commits the offense of false imprisonment who knowingly removes or confines another unlawfully so as to interfere substantially with the other's liberty. (b) False imprisonment is a Class A misdemeanor. Acts 1989, ch. 591, § 1; T.C.A., § 39-13-303 ; Acts 1990, ch. 982, § 1.
(a) A person commits the offense of false imprisonment who knowingly removes or confines another unlawfully so as to interfere substantially with the other's liberty.
(b) False imprisonment is a Class A misdemeanor.
Acts 1989, ch. 591, § 1; T.C.A., § 39-13-303 ; Acts 1990, ch. 982, § 1.
Tenn. Code Ann. § 39-13-106 — TN Code / Title 39 / Chapter 13 / Section 39-13-106
Vehicular assault
Status: in_force

(a) A person commits vehicular assault who, as the proximate result of the person's intoxication as set forth in § 55-10-401 or § 69-9-219(a) , recklessly causes serious bodily injury to another person by the operation of a motor vehicle or vessel subject to registration. For the purposes of this section, "intoxication" includes alcohol intoxication as defined by § 55-10-411(a) , drug intoxication, or both. (b) (1) Vehicular assault is a Class D felony. (2) Any sentence imposed for a first violation of this section shall include a mandatory minimum sentence of forty-eight (48) consecutive hours of incarceration. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire forty-eight-hour minimum mandatory sentence. (3) If at the time of sentencing for a violation of this section, the person has one (1) prior conviction for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of forty-five (45) consecutive days of incarceration. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire forty-five-day minimum mandatory sentence. (4) If at the time of sentencing for a violation of this section, the person has any combination of two (2) prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred twenty (120) consecutive days of incarceration. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire one hundred twenty-day mandatory minimum sentence. (5) If at the time of sentencing for a violation of this section, the person has any combination of three (3) or more prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred fifty (150) consecutive days of incarceration. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire one hundred fifty-day mandatory minimum sentence. (6) As used in this subsection (b), "alcohol-related offense" means a conviction for a violation of § 55-10-401 , § 69-9-219(a) , this section, § 39-13-213(a)(2) , or § 39-13-218 . (7) For purposes of sentencing under this subsection (b), a prior conviction for an alcohol-related offense may be used to enhance the mandatory minimum sentence regardless of whether it occurred before or after July 1, 2015, as long as the violation of this section occurs on or after July 1, 2015. (c) Upon the conviction of a person for the first offense of vehicular assault, the court shall prohibit the convicted person from driving a vehicle or operating a vessel subject to registration in this state for a period of one (1) year. For the second such conviction, the court shall prohibit the convicted person from driving a vehicle or operating a vessel subject to registration in this state for a period of two (2) years. For the third such conviction, the court shall prohibit the convicted person from driving a vehicle or operating a vessel subject to registration in this state for a period of three (3) years. For fourth and subsequent convictions, the court shall prohibit the person from driving a vehicle or operating a vessel subject to registration in this state for a period of five (5) years. Amended by 2021 Tenn. Acts, ch. 434, s 3, eff. 7/1/2021. Amended by 2015 Tenn. Acts, ch. 125, s 2, eff. 7/1/2015. Amended by 2013 Tenn. Acts, ch. 154, s 49, eff. 7/1/2013. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 14; 1999, ch. 368, § 1.
(a) A person commits vehicular assault who, as the proximate result of the person's intoxication as set forth in § 55-10-401 or § 69-9-219(a) , recklessly causes serious bodily injury to another person by the operation of a motor vehicle or vessel subject to registration. For the purposes of this section, "intoxication" includes alcohol intoxication as defined by § 55-10-411(a) , drug intoxication, or both.
(b) (1) Vehicular assault is a Class D felony. (2) Any sentence imposed for a first violation of this section shall include a mandatory minimum sentence of forty-eight (48) consecutive hours of incarceration. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire forty-eight-hour minimum mandatory sentence. (3) If at the time of sentencing for a violation of this section, the person has one (1) prior conviction for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of forty-five (45) consecutive days of incarceration. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire forty-five-day minimum mandatory sentence. (4) If at the time of sentencing for a violation of this section, the person has any combination of two (2) prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred twenty (120) consecutive days of incarceration. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire one hundred twenty-day mandatory minimum sentence. (5) If at the time of sentencing for a violation of this section, the person has any combination of three (3) or more prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred fifty (150) consecutive days of incarceration. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire one hundred fifty-day mandatory minimum sentence. (6) As used in this subsection (b), "alcohol-related offense" means a conviction for a violation of § 55-10-401 , § 69-9-219(a) , this section, § 39-13-213(a)(2) , or § 39-13-218 . (7) For purposes of sentencing under this subsection (b), a prior conviction for an alcohol-related offense may be used to enhance the mandatory minimum sentence regardless of whether it occurred before or after July 1, 2015, as long as the violation of this section occurs on or after July 1, 2015.
(1) Vehicular assault is a Class D felony.
(2) Any sentence imposed for a first violation of this section shall include a mandatory minimum sentence of forty-eight (48) consecutive hours of incarceration. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire forty-eight-hour minimum mandatory sentence.
(3) If at the time of sentencing for a violation of this section, the person has one (1) prior conviction for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of forty-five (45) consecutive days of incarceration. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire forty-five-day minimum mandatory sentence.
(4) If at the time of sentencing for a violation of this section, the person has any combination of two (2) prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred twenty (120) consecutive days of incarceration. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire one hundred twenty-day mandatory minimum sentence.
(5) If at the time of sentencing for a violation of this section, the person has any combination of three (3) or more prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred fifty (150) consecutive days of incarceration. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire one hundred fifty-day mandatory minimum sentence.
(6) As used in this subsection (b), "alcohol-related offense" means a conviction for a violation of § 55-10-401 , § 69-9-219(a) , this section, § 39-13-213(a)(2) , or § 39-13-218 .
(7) For purposes of sentencing under this subsection (b), a prior conviction for an alcohol-related offense may be used to enhance the mandatory minimum sentence regardless of whether it occurred before or after July 1, 2015, as long as the violation of this section occurs on or after July 1, 2015.
(c) Upon the conviction of a person for the first offense of vehicular assault, the court shall prohibit the convicted person from driving a vehicle or operating a vessel subject to registration in this state for a period of one (1) year. For the second such conviction, the court shall prohibit the convicted person from driving a vehicle or operating a vessel subject to registration in this state for a period of two (2) years. For the third such conviction, the court shall prohibit the convicted person from driving a vehicle or operating a vessel subject to registration in this state for a period of three (3) years. For fourth and subsequent convictions, the court shall prohibit the person from driving a vehicle or operating a vessel subject to registration in this state for a period of five (5) years.
Amended by 2021 Tenn. Acts, ch. 434, s 3, eff. 7/1/2021.
Amended by 2015 Tenn. Acts, ch. 125, s 2, eff. 7/1/2015.
Amended by 2013 Tenn. Acts, ch. 154, s 49, eff. 7/1/2013.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 14; 1999, ch. 368, § 1.
Tenn. Code Ann. § 39-12-206 — TN Code / Title 39 / Chapter 12 / Section 39-12-206
Civil proceedings - Injunctions - Forfeiture of property - Future criminal actions - Statute of limitations
Status: in_force

(a) Any circuit or chancery court may, after making due provision for the rights of innocent persons, in compliance with the Tennessee Rules of Civil Procedure, enjoin violations of this part by issuing appropriate orders and judgments, including, but not limited to: (1) Ordering any defendant to divest the defendant of any interest in any enterprise, including real property; (2) Imposing reasonable restrictions upon the future activities or investments of any defendant, including, but not limited to, prohibiting any defendant from engaging in the same type of endeavor as the enterprise in which the defendant was engaged in violation of this part; (3) Ordering the dissolution or reorganization of any enterprise; (4) Ordering the suspension or revocation of a license, permit or prior approval guaranteed to any enterprise by any agency of the state; and (5) Ordering the forfeiture of the charter of a corporation organized under the laws of the state, or the revocation of a certificate authorizing a foreign corporation to conduct business within the state, upon finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct in violation of this part and that, for the prevention of future criminal activity, the public interest requires the charter of the corporation forfeited and the corporation dissolved or the certificate revoked. (b) All property, real or personal, including money, used in the course of, intended for use in the course of, derived from, or realized through, conduct in violation of this part is subject to civil forfeiture to the state. No fee paid for legal, medical or accounting service shall be subject to forfeiture under this section, unless the person or persons to whom such fee was paid had knowledge that the funds used to pay the fee were derived from activity in violation of this part. The state shall dispose of all forfeited property as soon as commercially feasible, subject to the lawful claim of any creditor. If the property is not exercisable or transferable for value by the state, the forfeiture shall expire. All forfeitures or dispositions under this section shall be made with due provision for the rights of innocent persons. The proceeds realized from forfeiture and disposition shall be promptly deposited in the criminal injuries compensation fund established by § 40-24-107 . (c) Property subject to forfeiture under this section may be seized by a law enforcement officer upon court process. Seizure without process may be made, if: (1) The seizure is incident to a lawful arrest or search or any inspection under an administrative inspection warrant; or (2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based upon this section. (d) If a seizure occurs under subsection (c), a forfeiture proceeding shall be instituted promptly. Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the law enforcement officer making the seizure, subject only to the order of the court. When property is seized under this section, pending forfeiture and final disposition, the law enforcement officer may: (1) Place the property under seal; (2) Remove the property to a place designated by the court; or (3) Require another agency authorized by law to take custody of the property and remove it to any appropriate location. (e) The office of the attorney general and reporter shall institute all civil proceedings and RICO lien notices under this part. In any action brought under this section, the circuit or chancery court shall proceed as soon as practicable to the hearing and determination. (f) In a civil proceeding, relief shall be granted in conformity with the principles that govern the granting of injunctive relief from threatened loss or damage in other civil cases, except that no showing of special or irreparable damage to the person shall have to be made. Pending final determination of a proceeding initiated under this section, the court may enter a temporary restraining order or a preliminary injunction, may require execution of satisfactory performance bond, or may take any other action, including the appointment of receiver, upon a showing of immediate danger or significant injury, including the possibility that any judgment for money damages might be difficult to execute or that such action is necessary to preserve the reachability of property subject to civil forfeiture. Following the entry of any order of civil forfeiture under this section, the trial court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action, including the appointment of a receiver, that the court deems proper to protect the interests of the plaintiff. (g) A final judgment or decree rendered in favor of the state in any criminal proceeding under this part shall estop the defendant in any subsequent civil action or proceeding as to all matters as to which such judgment or decree would be an estoppel as between the parties. (h) Notwithstanding any other law, a criminal or civil action or proceeding under this part may be commenced at any time within five (5) years after the conduct in violation of this part terminates or the cause of action accrues. If a criminal prosecution or civil action or other proceeding is brought, or intervened in, to punish, prevent or restrain any violation of this part, the running of the period of limitations prescribed by this section with respect to any cause of action arising under subsection (f) that is based in whole or in part upon any matter complained of in any such prosecution action or proceeding shall be suspended during the pendency of the prosecution action or proceeding and for two (2) years following its termination. (i) The application of one (1) civil remedy under any provision of this part shall not preclude the application of any other remedy, civil or criminal, under this part or any other law. Civil remedies under this part are supplemental and not mutually exclusive. (j) It is an element of the burden of proof in the final resolution of any civil proceeding instituted pursuant to this section that the defendant committed either the requisite predicate acts or a criminal violation of this part. (k) In any action in which the plaintiff substantially prevails, including preliminary proceedings under subsection (f), the plaintiff shall also recover reasonable attorney's fees in the trial and appellate courts and costs of investigation and litigation reasonably incurred. (l) Personal service of any process in an action under this section may be made upon any person outside the state, if the person was a principal in any conduct constituting a violation of this part in this state. The person is deemed to have thereby submitted to the jurisdiction of the courts of this state for the purposes of this section. (m) Forfeited property shall be titled in the name of the state of Tennessee and shall be disposed of in accordance with the terms of this subsection (m). The office of the attorney general and reporter may contract for property management services, including, but not limited to, the collection, securing, safekeeping, repair and disposition of property forfeited or seized. The state shall self-insure forfeited and seized property, both realty and personalty, pursuant to title 12, chapter 3, part 9. Liability claims against the state relative to forfeited and seized property shall be presented to the claims commission in accordance with its governing sections and rules. Acts 1989, ch. 591, § 1; 1990, ch. 977, § 1.
(a) Any circuit or chancery court may, after making due provision for the rights of innocent persons, in compliance with the Tennessee Rules of Civil Procedure, enjoin violations of this part by issuing appropriate orders and judgments, including, but not limited to: (1) Ordering any defendant to divest the defendant of any interest in any enterprise, including real property; (2) Imposing reasonable restrictions upon the future activities or investments of any defendant, including, but not limited to, prohibiting any defendant from engaging in the same type of endeavor as the enterprise in which the defendant was engaged in violation of this part; (3) Ordering the dissolution or reorganization of any enterprise; (4) Ordering the suspension or revocation of a license, permit or prior approval guaranteed to any enterprise by any agency of the state; and (5) Ordering the forfeiture of the charter of a corporation organized under the laws of the state, or the revocation of a certificate authorizing a foreign corporation to conduct business within the state, upon finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct in violation of this part and that, for the prevention of future criminal activity, the public interest requires the charter of the corporation forfeited and the corporation dissolved or the certificate revoked.
(1) Ordering any defendant to divest the defendant of any interest in any enterprise, including real property;
(2) Imposing reasonable restrictions upon the future activities or investments of any defendant, including, but not limited to, prohibiting any defendant from engaging in the same type of endeavor as the enterprise in which the defendant was engaged in violation of this part;
(3) Ordering the dissolution or reorganization of any enterprise;
(4) Ordering the suspension or revocation of a license, permit or prior approval guaranteed to any enterprise by any agency of the state; and
(5) Ordering the forfeiture of the charter of a corporation organized under the laws of the state, or the revocation of a certificate authorizing a foreign corporation to conduct business within the state, upon finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct in violation of this part and that, for the prevention of future criminal activity, the public interest requires the charter of the corporation forfeited and the corporation dissolved or the certificate revoked.
(b) All property, real or personal, including money, used in the course of, intended for use in the course of, derived from, or realized through, conduct in violation of this part is subject to civil forfeiture to the state. No fee paid for legal, medical or accounting service shall be subject to forfeiture under this section, unless the person or persons to whom such fee was paid had knowledge that the funds used to pay the fee were derived from activity in violation of this part. The state shall dispose of all forfeited property as soon as commercially feasible, subject to the lawful claim of any creditor. If the property is not exercisable or transferable for value by the state, the forfeiture shall expire. All forfeitures or dispositions under this section shall be made with due provision for the rights of innocent persons. The proceeds realized from forfeiture and disposition shall be promptly deposited in the criminal injuries compensation fund established by § 40-24-107 .
(c) Property subject to forfeiture under this section may be seized by a law enforcement officer upon court process. Seizure without process may be made, if: (1) The seizure is incident to a lawful arrest or search or any inspection under an administrative inspection warrant; or (2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based upon this section.
(1) The seizure is incident to a lawful arrest or search or any inspection under an administrative inspection warrant; or
(2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based upon this section.
(d) If a seizure occurs under subsection (c), a forfeiture proceeding shall be instituted promptly. Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the law enforcement officer making the seizure, subject only to the order of the court. When property is seized under this section, pending forfeiture and final disposition, the law enforcement officer may: (1) Place the property under seal; (2) Remove the property to a place designated by the court; or (3) Require another agency authorized by law to take custody of the property and remove it to any appropriate location.
(1) Place the property under seal;
(2) Remove the property to a place designated by the court; or
(3) Require another agency authorized by law to take custody of the property and remove it to any appropriate location.
(e) The office of the attorney general and reporter shall institute all civil proceedings and RICO lien notices under this part. In any action brought under this section, the circuit or chancery court shall proceed as soon as practicable to the hearing and determination.
(f) In a civil proceeding, relief shall be granted in conformity with the principles that govern the granting of injunctive relief from threatened loss or damage in other civil cases, except that no showing of special or irreparable damage to the person shall have to be made. Pending final determination of a proceeding initiated under this section, the court may enter a temporary restraining order or a preliminary injunction, may require execution of satisfactory performance bond, or may take any other action, including the appointment of receiver, upon a showing of immediate danger or significant injury, including the possibility that any judgment for money damages might be difficult to execute or that such action is necessary to preserve the reachability of property subject to civil forfeiture. Following the entry of any order of civil forfeiture under this section, the trial court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action, including the appointment of a receiver, that the court deems proper to protect the interests of the plaintiff.
(g) A final judgment or decree rendered in favor of the state in any criminal proceeding under this part shall estop the defendant in any subsequent civil action or proceeding as to all matters as to which such judgment or decree would be an estoppel as between the parties.
(h) Notwithstanding any other law, a criminal or civil action or proceeding under this part may be commenced at any time within five (5) years after the conduct in violation of this part terminates or the cause of action accrues. If a criminal prosecution or civil action or other proceeding is brought, or intervened in, to punish, prevent or restrain any violation of this part, the running of the period of limitations prescribed by this section with respect to any cause of action arising under subsection (f) that is based in whole or in part upon any matter complained of in any such prosecution action or proceeding shall be suspended during the pendency of the prosecution action or proceeding and for two (2) years following its termination.
(i) The application of one (1) civil remedy under any provision of this part shall not preclude the application of any other remedy, civil or criminal, under this part or any other law. Civil remedies under this part are supplemental and not mutually exclusive.
(j) It is an element of the burden of proof in the final resolution of any civil proceeding instituted pursuant to this section that the defendant committed either the requisite predicate acts or a criminal violation of this part.
(k) In any action in which the plaintiff substantially prevails, including preliminary proceedings under subsection (f), the plaintiff shall also recover reasonable attorney's fees in the trial and appellate courts and costs of investigation and litigation reasonably incurred.
(l) Personal service of any process in an action under this section may be made upon any person outside the state, if the person was a principal in any conduct constituting a violation of this part in this state. The person is deemed to have thereby submitted to the jurisdiction of the courts of this state for the purposes of this section.
(m) Forfeited property shall be titled in the name of the state of Tennessee and shall be disposed of in accordance with the terms of this subsection (m). The office of the attorney general and reporter may contract for property management services, including, but not limited to, the collection, securing, safekeeping, repair and disposition of property forfeited or seized. The state shall self-insure forfeited and seized property, both realty and personalty, pursuant to title 12, chapter 3, part 9. Liability claims against the state relative to forfeited and seized property shall be presented to the claims commission in accordance with its governing sections and rules.
Acts 1989, ch. 591, § 1; 1990, ch. 977, § 1.
Tenn. Code Ann. § 39-17-1505 — TN Code / Title 39 / Chapter 17 / Section 39-17-1505
Prohibited purchases or possession by underage persons - Penalties
Status: in_force

(a) It is unlawful for a person who has not attained twenty-one (21) years of age to possess either a tobacco, smoking hemp, vapor product, or smokeless nicotine product, to purchase or accept receipt of either product, or to present or offer to any person any purported proof of age that is false, fraudulent, or not actually that person's own for the purpose of purchasing or receiving any tobacco, smoking hemp, vapor product, or smokeless nicotine product. (b) Any person who violates this section may be issued a citation by a law enforcement officer who has evidence of the violation. Regardless of whether a citation is issued, the product shall be seized as contraband by the law enforcement officer. (c) A violation of this section is a civil offense, for which the general sessions or juvenile court may, in its discretion, impose a civil penalty of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00), which may be charged against a person who is at least eighteen (18) years of age but less than twenty-one (21) years of age, or, in the case of a minor, against a parent, guardian, or custodian. The general sessions or juvenile court may, in its discretion, also impose community service work not to exceed fifty (50) hours or successful completion of a prescribed court program for a second or subsequent violation within a one-year period. (d) A person who has not attained twenty-one (21) years of age and who is cooperating with law enforcement officers in an operation designed to test the compliance of other persons with this part is not subject to sanctions under this section. (e) As used in this section, "law enforcement officer" means an officer, employee or agent of government who is authorized by law to investigate the commission or suspected commission of violations of Tennessee law. (f) It is not unlawful for a person under twenty-one (21) years of age to handle or transport: (1) Tobacco, tobacco products, smoking hemp, vapor products, or smokeless nicotine products as a part of and in the course of the person's employment; provided, that the person is under the supervision of another employee who is at least twenty-one (21) years of age; or (2) Tobacco, smoking hemp, vapor products, or smokeless nicotine products as part of an educational project that has been developed by the person for entry and display at an agricultural fair or other agricultural competition or event. (g) Nothing in this section shall be construed to prohibit a person under twenty-one (21) years of age from handling or transporting tobacco or hemp as part of and in the course of the person's involvement in any aspect of the agricultural production or storage of tobacco or hemp, the sale of raw tobacco or hemp at market or the transportation of raw tobacco or hemp to a processing facility. Amended by 2022 Tenn. Acts, ch. 810, Secs.s4, s5 eff. 4/8/2022. Amended by 2020 Tenn. Acts, ch. 732, s 12, eff. 1/1/2021. Amended by 2019 Tenn. Acts, ch. 303, Secs.s 8, s 9 eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 303, s 7, eff. 7/1/2019. Amended by 2018 Tenn. Acts, ch. 1052, s 54, eff. 7/1/2018. Amended by 2015 Tenn. Acts, ch. 353, s 8, Sec.s 9, s 10 eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 353, s 7, eff. 7/1/2015. Acts 1994, ch. 872, § 5; 1999, ch. 354, §§ 5 - 7; 2001, ch. 341, § 11.
(a) It is unlawful for a person who has not attained twenty-one (21) years of age to possess either a tobacco, smoking hemp, vapor product, or smokeless nicotine product, to purchase or accept receipt of either product, or to present or offer to any person any purported proof of age that is false, fraudulent, or not actually that person's own for the purpose of purchasing or receiving any tobacco, smoking hemp, vapor product, or smokeless nicotine product.
(b) Any person who violates this section may be issued a citation by a law enforcement officer who has evidence of the violation. Regardless of whether a citation is issued, the product shall be seized as contraband by the law enforcement officer.
(c) A violation of this section is a civil offense, for which the general sessions or juvenile court may, in its discretion, impose a civil penalty of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00), which may be charged against a person who is at least eighteen (18) years of age but less than twenty-one (21) years of age, or, in the case of a minor, against a parent, guardian, or custodian. The general sessions or juvenile court may, in its discretion, also impose community service work not to exceed fifty (50) hours or successful completion of a prescribed court program for a second or subsequent violation within a one-year period.
(d) A person who has not attained twenty-one (21) years of age and who is cooperating with law enforcement officers in an operation designed to test the compliance of other persons with this part is not subject to sanctions under this section.
(e) As used in this section, "law enforcement officer" means an officer, employee or agent of government who is authorized by law to investigate the commission or suspected commission of violations of Tennessee law.
(f) It is not unlawful for a person under twenty-one (21) years of age to handle or transport: (1) Tobacco, tobacco products, smoking hemp, vapor products, or smokeless nicotine products as a part of and in the course of the person's employment; provided, that the person is under the supervision of another employee who is at least twenty-one (21) years of age; or (2) Tobacco, smoking hemp, vapor products, or smokeless nicotine products as part of an educational project that has been developed by the person for entry and display at an agricultural fair or other agricultural competition or event.
(1) Tobacco, tobacco products, smoking hemp, vapor products, or smokeless nicotine products as a part of and in the course of the person's employment; provided, that the person is under the supervision of another employee who is at least twenty-one (21) years of age; or
(2) Tobacco, smoking hemp, vapor products, or smokeless nicotine products as part of an educational project that has been developed by the person for entry and display at an agricultural fair or other agricultural competition or event.
(g) Nothing in this section shall be construed to prohibit a person under twenty-one (21) years of age from handling or transporting tobacco or hemp as part of and in the course of the person's involvement in any aspect of the agricultural production or storage of tobacco or hemp, the sale of raw tobacco or hemp at market or the transportation of raw tobacco or hemp to a processing facility.
Amended by 2022 Tenn. Acts, ch. 810, Secs.s4, s5 eff. 4/8/2022.
Amended by 2020 Tenn. Acts, ch. 732, s 12, eff. 1/1/2021.
Amended by 2019 Tenn. Acts, ch. 303, Secs.s 8, s 9 eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 303, s 7, eff. 7/1/2019.
Amended by 2018 Tenn. Acts, ch. 1052, s 54, eff. 7/1/2018.
Amended by 2015 Tenn. Acts, ch. 353, s 8, Sec.s 9, s 10 eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 353, s 7, eff. 7/1/2015.
Acts 1994, ch. 872, § 5; 1999, ch. 354, §§ 5 - 7; 2001, ch. 341, § 11.
Tenn. Code Ann. § 39-14-903 — TN Code / Title 39 / Chapter 14 / Section 39-14-903
Criminal penalties
Status: in_force

(a) (1) It is an offense to knowingly use, conspire to use or attempt to use proceeds derived directly or indirectly from a specified unlawful activity to conduct or attempt to conduct a financial transaction or make other disposition with the intent to conceal or disguise the nature, location, source, ownership or control of the criminally derived proceeds. (2) A violation of this subsection (a) is a Class B felony. (b) (1) It is an offense to knowingly use proceeds derived directly or indirectly from a specified unlawful activity with the intent to promote, in whole or in part, the carrying on of a specified unlawful activity. (2) A violation of this subsection (b) is a Class B felony. (c) (1) It is an offense to knowingly conduct, conspire to conduct, or attempt to conduct a financial transaction or make other disposition involving property or proceeds represented by a law enforcement officer, or by another at the direction of a law enforcement officer, to be the property or proceeds derived from a specified unlawful activity with the intent to conceal or disguise the nature, location, source, ownership or control of the criminally derived proceeds or with the intent to promote the carrying on of a specified unlawful activity. (2) This section shall not apply to any transaction conducted, or attempted, by a person, corporation or financial institution, in the ordinary course of business, which is deemed by the person, corporation or financial institution to be a suspicious transaction or transactions, whether reportable or not under any state or federal currency transaction reporting or recording requirements, where: (A) The person or corporation reports the suspicious transaction, or a similar transaction conducted previously, to any local, state or federal law enforcement official and such report would not violate any attorney-client privilege; (B) In the case of a financial institution, the financial institution reported the transaction, or a related transaction conducted previously, to the institution's primary regulator or to another regulator or law enforcement official pursuant to the directions of the institution's primary regulator; but only with regard to the person, corporation or financial institution making the report; or (C) In the case of any other corporation or business entity which reported the transaction or a related transaction conducted previously, to the corporation's or business entity's primary federal or state regulator, any other federal or state regulator or law enforcement official or agency. Failure to so report shall not create an inference that the transaction was a "financial transaction" under this part. (3) A violation of this subsection (c) is a Class B felony. (d) (1) It is an offense for a business or other enterprise to knowingly use property, assets, funds, or accounts with intent to obtain, purchase, display, sell, conceal, comingle, or transport criminal proceeds. It is an offense for a business or other enterprise to knowingly use property, assets, funds, or accounts with intent to commit or facilitate any violation of title 71, chapter 5, part 25. (2) A violation of subdivision (d)(1) is Class E felony punishable only by a fine of five thousand dollars ($5,000) and the forfeiture of assets as herein provided. (e) (1) It is an offense for a business or other enterprise to knowingly use on five (5) or more separate occasions property, assets, funds, or accounts with intent to obtain, purchase, display, sell, conceal, comingle, or transport criminal proceeds. It is an offense for an individual or business to knowingly use on five (5) or more separate occasions property, assets, funds, or accounts with intent to commit or facilitate any violation of title 71, chapter 5, part 25. (2) A violation of subdivision (e)(1) is a Class B felony. (f) All records of a business or enterprise that is in violation of subsection (d) or (e) wherever located shall be obtainable by search warrant or judicial subpoena. The remedies made available under chapter 12, part 2 of this title are hereby made remedies for violations of this section. (g) All assets and proceeds used in violation of or to facilitate a violation of subsection (d) or (e) shall be subject to seizure and forfeiture. Forfeiture proceedings shall be conducted in accordance with chapter 11, part 7 of this title. Any court having criminal jurisdiction to conduct a preliminary hearing or trial of the criminal offense is empowered to order forfeiture as herein provided. (h) As used in subsections (d) and (e): (1) "Criminal proceeds" means items made illegal to possess or sell under chapters 14 or 17 of this title or anything of value obtained from a violation of title 71, chapter 5, part 25; and (2) "Enterprise" means two (2) or more individuals acting in accord, agreement or in conspiracy to violate any criminal statute. Amended by 2014 Tenn. Acts, ch. 987,s 1, eff. 7/1/2014. Acts 1996, ch. 1012, § 2.
(a) (1) It is an offense to knowingly use, conspire to use or attempt to use proceeds derived directly or indirectly from a specified unlawful activity to conduct or attempt to conduct a financial transaction or make other disposition with the intent to conceal or disguise the nature, location, source, ownership or control of the criminally derived proceeds. (2) A violation of this subsection (a) is a Class B felony.
(1) It is an offense to knowingly use, conspire to use or attempt to use proceeds derived directly or indirectly from a specified unlawful activity to conduct or attempt to conduct a financial transaction or make other disposition with the intent to conceal or disguise the nature, location, source, ownership or control of the criminally derived proceeds.
(2) A violation of this subsection (a) is a Class B felony.
(b) (1) It is an offense to knowingly use proceeds derived directly or indirectly from a specified unlawful activity with the intent to promote, in whole or in part, the carrying on of a specified unlawful activity. (2) A violation of this subsection (b) is a Class B felony.
(1) It is an offense to knowingly use proceeds derived directly or indirectly from a specified unlawful activity with the intent to promote, in whole or in part, the carrying on of a specified unlawful activity.
(2) A violation of this subsection (b) is a Class B felony.
(c) (1) It is an offense to knowingly conduct, conspire to conduct, or attempt to conduct a financial transaction or make other disposition involving property or proceeds represented by a law enforcement officer, or by another at the direction of a law enforcement officer, to be the property or proceeds derived from a specified unlawful activity with the intent to conceal or disguise the nature, location, source, ownership or control of the criminally derived proceeds or with the intent to promote the carrying on of a specified unlawful activity. (2) This section shall not apply to any transaction conducted, or attempted, by a person, corporation or financial institution, in the ordinary course of business, which is deemed by the person, corporation or financial institution to be a suspicious transaction or transactions, whether reportable or not under any state or federal currency transaction reporting or recording requirements, where: (A) The person or corporation reports the suspicious transaction, or a similar transaction conducted previously, to any local, state or federal law enforcement official and such report would not violate any attorney-client privilege; (B) In the case of a financial institution, the financial institution reported the transaction, or a related transaction conducted previously, to the institution's primary regulator or to another regulator or law enforcement official pursuant to the directions of the institution's primary regulator; but only with regard to the person, corporation or financial institution making the report; or (C) In the case of any other corporation or business entity which reported the transaction or a related transaction conducted previously, to the corporation's or business entity's primary federal or state regulator, any other federal or state regulator or law enforcement official or agency. Failure to so report shall not create an inference that the transaction was a "financial transaction" under this part. (3) A violation of this subsection (c) is a Class B felony.
(1) It is an offense to knowingly conduct, conspire to conduct, or attempt to conduct a financial transaction or make other disposition involving property or proceeds represented by a law enforcement officer, or by another at the direction of a law enforcement officer, to be the property or proceeds derived from a specified unlawful activity with the intent to conceal or disguise the nature, location, source, ownership or control of the criminally derived proceeds or with the intent to promote the carrying on of a specified unlawful activity.
(2) This section shall not apply to any transaction conducted, or attempted, by a person, corporation or financial institution, in the ordinary course of business, which is deemed by the person, corporation or financial institution to be a suspicious transaction or transactions, whether reportable or not under any state or federal currency transaction reporting or recording requirements, where: (A) The person or corporation reports the suspicious transaction, or a similar transaction conducted previously, to any local, state or federal law enforcement official and such report would not violate any attorney-client privilege; (B) In the case of a financial institution, the financial institution reported the transaction, or a related transaction conducted previously, to the institution's primary regulator or to another regulator or law enforcement official pursuant to the directions of the institution's primary regulator; but only with regard to the person, corporation or financial institution making the report; or (C) In the case of any other corporation or business entity which reported the transaction or a related transaction conducted previously, to the corporation's or business entity's primary federal or state regulator, any other federal or state regulator or law enforcement official or agency. Failure to so report shall not create an inference that the transaction was a "financial transaction" under this part.
(A) The person or corporation reports the suspicious transaction, or a similar transaction conducted previously, to any local, state or federal law enforcement official and such report would not violate any attorney-client privilege;
(B) In the case of a financial institution, the financial institution reported the transaction, or a related transaction conducted previously, to the institution's primary regulator or to another regulator or law enforcement official pursuant to the directions of the institution's primary regulator; but only with regard to the person, corporation or financial institution making the report; or
(C) In the case of any other corporation or business entity which reported the transaction or a related transaction conducted previously, to the corporation's or business entity's primary federal or state regulator, any other federal or state regulator or law enforcement official or agency. Failure to so report shall not create an inference that the transaction was a "financial transaction" under this part.
(3) A violation of this subsection (c) is a Class B felony.
(d) (1) It is an offense for a business or other enterprise to knowingly use property, assets, funds, or accounts with intent to obtain, purchase, display, sell, conceal, comingle, or transport criminal proceeds. It is an offense for a business or other enterprise to knowingly use property, assets, funds, or accounts with intent to commit or facilitate any violation of title 71, chapter 5, part 25. (2) A violation of subdivision (d)(1) is Class E felony punishable only by a fine of five thousand dollars ($5,000) and the forfeiture of assets as herein provided.
(1) It is an offense for a business or other enterprise to knowingly use property, assets, funds, or accounts with intent to obtain, purchase, display, sell, conceal, comingle, or transport criminal proceeds. It is an offense for a business or other enterprise to knowingly use property, assets, funds, or accounts with intent to commit or facilitate any violation of title 71, chapter 5, part 25.
(2) A violation of subdivision (d)(1) is Class E felony punishable only by a fine of five thousand dollars ($5,000) and the forfeiture of assets as herein provided.
(e) (1) It is an offense for a business or other enterprise to knowingly use on five (5) or more separate occasions property, assets, funds, or accounts with intent to obtain, purchase, display, sell, conceal, comingle, or transport criminal proceeds. It is an offense for an individual or business to knowingly use on five (5) or more separate occasions property, assets, funds, or accounts with intent to commit or facilitate any violation of title 71, chapter 5, part 25. (2) A violation of subdivision (e)(1) is a Class B felony.
(1) It is an offense for a business or other enterprise to knowingly use on five (5) or more separate occasions property, assets, funds, or accounts with intent to obtain, purchase, display, sell, conceal, comingle, or transport criminal proceeds. It is an offense for an individual or business to knowingly use on five (5) or more separate occasions property, assets, funds, or accounts with intent to commit or facilitate any violation of title 71, chapter 5, part 25.
(2) A violation of subdivision (e)(1) is a Class B felony.
(f) All records of a business or enterprise that is in violation of subsection (d) or (e) wherever located shall be obtainable by search warrant or judicial subpoena. The remedies made available under chapter 12, part 2 of this title are hereby made remedies for violations of this section.
(g) All assets and proceeds used in violation of or to facilitate a violation of subsection (d) or (e) shall be subject to seizure and forfeiture. Forfeiture proceedings shall be conducted in accordance with chapter 11, part 7 of this title. Any court having criminal jurisdiction to conduct a preliminary hearing or trial of the criminal offense is empowered to order forfeiture as herein provided.
(h) As used in subsections (d) and (e): (1) "Criminal proceeds" means items made illegal to possess or sell under chapters 14 or 17 of this title or anything of value obtained from a violation of title 71, chapter 5, part 25; and (2) "Enterprise" means two (2) or more individuals acting in accord, agreement or in conspiracy to violate any criminal statute.
(1) "Criminal proceeds" means items made illegal to possess or sell under chapters 14 or 17 of this title or anything of value obtained from a violation of title 71, chapter 5, part 25; and
(2) "Enterprise" means two (2) or more individuals acting in accord, agreement or in conspiracy to violate any criminal statute.
Amended by 2014 Tenn. Acts, ch. 987,s 1, eff. 7/1/2014.
Acts 1996, ch. 1012, § 2.
Tenn. Code Ann. § 39-13-305 — TN Code / Title 39 / Chapter 13 / Section 39-13-305
Especially aggravated kidnapping
Status: in_force

(a) Especially aggravated kidnapping is false imprisonment, as defined in § 39-13-302 : (1) Accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon; (2) Where the victim was under the age of thirteen (13) at the time of the removal or confinement; (3) Committed to hold the victim for ransom or reward, or as a shield or hostage; or (4) Where the victim suffers serious bodily injury. (b) (1) Especially aggravated kidnapping is a Class A felony. (2) If the offender voluntarily releases the victim alive or voluntarily provides information leading to the victim's safe release, such actions shall be considered by the court as a mitigating factor at the time of sentencing. (3) Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case shall it be lower than Range II. Amended by 2023 Tenn. Acts, ch. 155, s 1, eff. 7/1/2023. Acts 1990, ch. 982, § 1.
(a) Especially aggravated kidnapping is false imprisonment, as defined in § 39-13-302 : (1) Accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon; (2) Where the victim was under the age of thirteen (13) at the time of the removal or confinement; (3) Committed to hold the victim for ransom or reward, or as a shield or hostage; or (4) Where the victim suffers serious bodily injury.
(1) Accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon;
(2) Where the victim was under the age of thirteen (13) at the time of the removal or confinement;
(3) Committed to hold the victim for ransom or reward, or as a shield or hostage; or
(4) Where the victim suffers serious bodily injury.
(b) (1) Especially aggravated kidnapping is a Class A felony. (2) If the offender voluntarily releases the victim alive or voluntarily provides information leading to the victim's safe release, such actions shall be considered by the court as a mitigating factor at the time of sentencing. (3) Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case shall it be lower than Range II.
(1) Especially aggravated kidnapping is a Class A felony.
(2) If the offender voluntarily releases the victim alive or voluntarily provides information leading to the victim's safe release, such actions shall be considered by the court as a mitigating factor at the time of sentencing.
(3) Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case shall it be lower than Range II.
Amended by 2023 Tenn. Acts, ch. 155, s 1, eff. 7/1/2023.
Acts 1990, ch. 982, § 1.
Tenn. Code Ann. § 39-17-656 — TN Code / Title 39 / Chapter 17 / Section 39-17-656
Offense of falsely making, altering, forging, passing or counterfeiting a ticket, share, chance or similar record for an annual event
Status: in_force

(a) It is an offense for any person to falsely make, alter, forge, pass or counterfeit a ticket, share, chance or similar record for an annual event with the intent to defraud. (b) It is an offense for any person to knowingly influence, or attempt to influence, the winning of a prize through the use of coercion, fraud, deception, or tampering with an annual event's equipment or materials. (c) (1) A violation of subsection (a) is a Class A misdemeanor; provided, however, that the maximum fine shall be twenty-five thousand dollars ($25,000). (2) A violation of subsection (b) is a Class E felony; provided, however, that the maximum fine shall be fifty thousand dollars ($50,000). Acts 2004, ch. 476, § 9.
(a) It is an offense for any person to falsely make, alter, forge, pass or counterfeit a ticket, share, chance or similar record for an annual event with the intent to defraud.
(b) It is an offense for any person to knowingly influence, or attempt to influence, the winning of a prize through the use of coercion, fraud, deception, or tampering with an annual event's equipment or materials.
(c) (1) A violation of subsection (a) is a Class A misdemeanor; provided, however, that the maximum fine shall be twenty-five thousand dollars ($25,000). (2) A violation of subsection (b) is a Class E felony; provided, however, that the maximum fine shall be fifty thousand dollars ($50,000).
(1) A violation of subsection (a) is a Class A misdemeanor; provided, however, that the maximum fine shall be twenty-five thousand dollars ($25,000).
(2) A violation of subsection (b) is a Class E felony; provided, however, that the maximum fine shall be fifty thousand dollars ($50,000).
Acts 2004, ch. 476, § 9.
Tenn. Code Ann. § 39-17-1327 — TN Code / Title 39 / Chapter 17 / Section 39-17-1327
Unlawful disclosure of information regarding firearms by government personnel
Status: in_force

(a) It is an offense for any personnel, including elected and appointed officials, of this state, a local governmental entity, or a political subdivision of this state, when acting in the person's official capacity or disclosing information obtained in the person's official capacity, to intentionally disclose information that identifies another person as the purchaser or owner of a firearm, firearm ammunition, or firearm accessory for the purpose of: (1) Compiling or facilitating the compilation of a federal firearms registry or database; or (2) The confiscation of firearms. (b) This section does not apply to information that is provided to a government entity pursuant to § 38-8-116 , § 38-8-123 , § 39-17-1315 , § 39-17-1316 , § 39-17-1351 , § 39-17-1365 , or § 39-17-1366 , or as part of a criminal investigation. (c) A violation of this section is a Class E felony. Added by 2021 Tenn. Acts, ch. 540, s 2, eff. 7/1/2021.
(a) It is an offense for any personnel, including elected and appointed officials, of this state, a local governmental entity, or a political subdivision of this state, when acting in the person's official capacity or disclosing information obtained in the person's official capacity, to intentionally disclose information that identifies another person as the purchaser or owner of a firearm, firearm ammunition, or firearm accessory for the purpose of: (1) Compiling or facilitating the compilation of a federal firearms registry or database; or (2) The confiscation of firearms.
(1) Compiling or facilitating the compilation of a federal firearms registry or database; or
(2) The confiscation of firearms.
(b) This section does not apply to information that is provided to a government entity pursuant to § 38-8-116 , § 38-8-123 , § 39-17-1315 , § 39-17-1316 , § 39-17-1351 , § 39-17-1365 , or § 39-17-1366 , or as part of a criminal investigation.
(c) A violation of this section is a Class E felony.
Added by 2021 Tenn. Acts, ch. 540, s 2, eff. 7/1/2021.