Tenn. Code Ann. § 39-14-152 — TN Code / Title 39 / Chapter 14 / Section 39-14-152
Use of a counterfeit mark or logo
Status: in_force

(a) As used in this section: (1) "Counterfeit mark" means: (A) Any knowingly unauthorized reproduction or copy of intellectual property; or (B) Intellectual property affixed to any item knowingly sold, offered for sale, manufactured, or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property; (2) "Intellectual property" means any trademark, service mark, trade name, label, term, device, design or word adopted or used by a person to identify that person's goods or services, and all rights protected by title 47, chapter 25, part 11; and (3) "Retail value" means the counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized. (b) (1) It is an offense for a person to knowingly manufacture any item or services bearing or identified by a counterfeit mark. (2) It is an offense for a person to use, display, advertise, distribute, offer for sale, sell, or possess with the intent to sell or distribute any item or service knowing the item or service bears or is identified by a counterfeit mark. (c) In determining whether a person who possesses an item bearing or identified by a counterfeit mark possesses the item with the intent to sell or distribute it in violation of subdivision (b)(2), the trier of fact may infer from the possession, custody or control of more than twenty-five (25) items bearing a counterfeit mark that the person possesses the items with the intent to sell or distribute them. (d) (1) A violation of subdivision (b)(1) shall be punished the same as is provided in § 39-14-115 for the offense of criminal simulation. In addition to that punishment, a person who violates subdivision (b)(1) shall be fined an amount up to three (3) times the retail value of the items bearing, or services identified by, a counterfeit mark, or the amount authorized in § 40-35-111 for the appropriate class of felony, whichever amount is greater. (2) A violation of subdivision (b)(2) shall be punished as theft and graded in accordance with § 39-14-105 ; provided, all violations of subdivision (b)(2) shall be punished by fine only, except with respect to violations involving distribution, selling, offering for sale, or possessing with the intent to sell, in which case all methods and manner of punishment in § 39-14-105 shall apply. (e) For purposes of determining the appropriate offense grade for a defendant violating subdivision (b)(2), the quantity or retail value of all items bearing, or services identified by, every counterfeit mark the defendant used, displayed, advertised, distributed, offered for sale, sold or possessed with the intent to sell or distribute at the time of the offense shall be aggregated. (f) All personal property, including, but not limited to, any items bearing a counterfeit mark, or any items, objects, tools, machines, equipment, instrumentalities or vehicles of any kind, employed or used in connection with a violation of this section shall be subject to judicial forfeiture pursuant to chapter 11, part 7 of this title. If the intellectual property owner does not request release of seized items bearing a counterfeit mark, those items shall be destroyed unless the intellectual property owner consents to another disposition. (g) Nothing in this section shall be construed as prohibiting an owner of intellectual property from seeking relief under any other law, including the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1; title 47, chapter 25, part 5; or the Ensuring Likeness, Voice, and Image Security Act of 2024, compiled in title 47, chapter 25, part 11; provided, a defendant prosecuted under this section may not also be prosecuted for criminal simulation under § 39-14-115 based upon the same conduct. Amended by 2024 Tenn. Acts, ch. 588,s 12, eff. 7/1/2024. Acts 2000, ch. 980, § 1; 2005, ch. 395, §§ 1, 2, 3.
(a) As used in this section: (1) "Counterfeit mark" means: (A) Any knowingly unauthorized reproduction or copy of intellectual property; or (B) Intellectual property affixed to any item knowingly sold, offered for sale, manufactured, or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property; (2) "Intellectual property" means any trademark, service mark, trade name, label, term, device, design or word adopted or used by a person to identify that person's goods or services, and all rights protected by title 47, chapter 25, part 11; and (3) "Retail value" means the counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized.
(1) "Counterfeit mark" means: (A) Any knowingly unauthorized reproduction or copy of intellectual property; or (B) Intellectual property affixed to any item knowingly sold, offered for sale, manufactured, or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property;
(A) Any knowingly unauthorized reproduction or copy of intellectual property; or
(B) Intellectual property affixed to any item knowingly sold, offered for sale, manufactured, or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property;
(2) "Intellectual property" means any trademark, service mark, trade name, label, term, device, design or word adopted or used by a person to identify that person's goods or services, and all rights protected by title 47, chapter 25, part 11; and
(3) "Retail value" means the counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized.
(b) (1) It is an offense for a person to knowingly manufacture any item or services bearing or identified by a counterfeit mark. (2) It is an offense for a person to use, display, advertise, distribute, offer for sale, sell, or possess with the intent to sell or distribute any item or service knowing the item or service bears or is identified by a counterfeit mark.
(1) It is an offense for a person to knowingly manufacture any item or services bearing or identified by a counterfeit mark.
(2) It is an offense for a person to use, display, advertise, distribute, offer for sale, sell, or possess with the intent to sell or distribute any item or service knowing the item or service bears or is identified by a counterfeit mark.
(c) In determining whether a person who possesses an item bearing or identified by a counterfeit mark possesses the item with the intent to sell or distribute it in violation of subdivision (b)(2), the trier of fact may infer from the possession, custody or control of more than twenty-five (25) items bearing a counterfeit mark that the person possesses the items with the intent to sell or distribute them.
(d) (1) A violation of subdivision (b)(1) shall be punished the same as is provided in § 39-14-115 for the offense of criminal simulation. In addition to that punishment, a person who violates subdivision (b)(1) shall be fined an amount up to three (3) times the retail value of the items bearing, or services identified by, a counterfeit mark, or the amount authorized in § 40-35-111 for the appropriate class of felony, whichever amount is greater. (2) A violation of subdivision (b)(2) shall be punished as theft and graded in accordance with § 39-14-105 ; provided, all violations of subdivision (b)(2) shall be punished by fine only, except with respect to violations involving distribution, selling, offering for sale, or possessing with the intent to sell, in which case all methods and manner of punishment in § 39-14-105 shall apply.
(1) A violation of subdivision (b)(1) shall be punished the same as is provided in § 39-14-115 for the offense of criminal simulation. In addition to that punishment, a person who violates subdivision (b)(1) shall be fined an amount up to three (3) times the retail value of the items bearing, or services identified by, a counterfeit mark, or the amount authorized in § 40-35-111 for the appropriate class of felony, whichever amount is greater.
(2) A violation of subdivision (b)(2) shall be punished as theft and graded in accordance with § 39-14-105 ; provided, all violations of subdivision (b)(2) shall be punished by fine only, except with respect to violations involving distribution, selling, offering for sale, or possessing with the intent to sell, in which case all methods and manner of punishment in § 39-14-105 shall apply.
(e) For purposes of determining the appropriate offense grade for a defendant violating subdivision (b)(2), the quantity or retail value of all items bearing, or services identified by, every counterfeit mark the defendant used, displayed, advertised, distributed, offered for sale, sold or possessed with the intent to sell or distribute at the time of the offense shall be aggregated.
(f) All personal property, including, but not limited to, any items bearing a counterfeit mark, or any items, objects, tools, machines, equipment, instrumentalities or vehicles of any kind, employed or used in connection with a violation of this section shall be subject to judicial forfeiture pursuant to chapter 11, part 7 of this title. If the intellectual property owner does not request release of seized items bearing a counterfeit mark, those items shall be destroyed unless the intellectual property owner consents to another disposition.
(g) Nothing in this section shall be construed as prohibiting an owner of intellectual property from seeking relief under any other law, including the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1; title 47, chapter 25, part 5; or the Ensuring Likeness, Voice, and Image Security Act of 2024, compiled in title 47, chapter 25, part 11; provided, a defendant prosecuted under this section may not also be prosecuted for criminal simulation under § 39-14-115 based upon the same conduct.
Amended by 2024 Tenn. Acts, ch. 588,s 12, eff. 7/1/2024.
Acts 2000, ch. 980, § 1; 2005, ch. 395, §§ 1, 2, 3.
Tenn. Code Ann. § 39-14-511 — TN Code / Title 39 / Chapter 14 / Section 39-14-511
Jurisdiction
Status: in_force

In counties with an environmental court designated pursuant to Acts 1991, chapter 426, the courts shall exercise exclusive general sessions jurisdiction, over this part, pursuant to title 40. Acts 2007, ch. 595, § 1.
In counties with an environmental court designated pursuant to Acts 1991, chapter 426, the courts shall exercise exclusive general sessions jurisdiction, over this part, pursuant to title 40.
Acts 2007, ch. 595, § 1.
Tenn. Code Ann. § 39-17-1366 — TN Code / Title 39 / Chapter 17 / Section 39-17-1366
Concealed handgun carry permit
Status: in_force

(a) Any resident of this state who is a United States citizen or lawful permanent resident, as defined by § 55-50-102 , may apply to the department for a concealed handgun carry permit. If the applicant is not prohibited from possessing a firearm in this state pursuant to § 39-17-1307(b) , 18 U.S.C. § 922(g) , or any other state or federal law, and the applicant otherwise meets all of the requirements of this section, the department shall issue a permit to the applicant. (b) To be eligible to receive a concealed handgun carry permit, the person must: (1) Apply in person to the department on a concealed handgun carry permit application developed by the department; (2) Provide proof of the person's identity and state residency by presenting: (A) A driver license or photo identification issued by this state; or (B) Other proof satisfactory to the department showing the person's identity and residency; (3) Meet the qualifications for the issuance of an enhanced handgun carry permit under § 39-17-1351(b) and (c) and provide the department with two (2) sets of fingerprints in the manner required in § 39-17-1351(d) ; (4) (A) Provide proof the person has demonstrated competence with a handgun; provided, that any safety or training course or class must have been completed no more than one (1) year prior to the application for the concealed handgun carry permit. The person may demonstrate such competence by one (1) of the following, but a person is not required to submit to any additional demonstration of competence: (i) Completing any hunter education or hunter safety course approved by the Tennessee wildlife resources agency or a similar agency of another state; (ii) Completing any firearms safety or training course administered by an organization specializing in firearms training and safety; (iii) Completing any firearms safety or training course or class available to the general public offered by a law enforcement agency, junior college, college, private or public institution or organization, or firearms training school utilizing instructors certified by an organization specializing in firearms training and safety or the department; (iv) Completing any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement; (v) Presenting evidence of equivalent experience with a firearm through current military service or proof of an honorable discharge from any branch of the armed services; (vi) Obtaining or previously having held a license to carry a firearm in this state, unless such license has been revoked for cause; (vii) Completing any firearms training or safety course or class, including an electronic, video, or online course, that: (a) Is conducted by a firearms instructor who is certified by the state or an organization specializing in firearms training and safety; and (b) Meets the qualifications established by the department pursuant to subsection ( l ); (viii) Completing any governmental law enforcement agency firearms training course and qualifying to carry a firearm in the course of normal police duties; or (ix) Completing any other firearms training that the department deems adequate; and (B) Proof of competence under this subdivision (b)(4) is evidenced by a photocopy of a certificate of completion of any of the courses or classes described in subdivision (b)(4)(A); an affidavit from the instructor, school, club, organization, or group that conducted or taught such course or class attesting to the completion of the course or class by the applicant; or a copy of any document that shows completion of the course or class or required experience; (5) Pay an application and processing fee of sixty-five dollars ($65.00) to the department; and (6) Provide a signed printed copy of the form provided by the department, pursuant to subdivision (k)(4), stating that the applicant has read and understands the current state law on carrying handguns. (c) (1) Upon receipt of a concealed handgun carry permit application, the department shall: (A) Forward two (2) full sets of fingerprints of the applicant to the Tennessee bureau of investigation; and (B) Send a copy of the application to the sheriff of the county in which the applicant resides. (2) Within thirty (30) days of receiving an application, the sheriff shall provide the department with any information concerning the truthfulness of the applicant's answers to the eligibility requirements of § 39-17-1351(c) that is within the knowledge of the sheriff. (3) Upon receipt of the fingerprints from the department, the Tennessee bureau of investigation shall conduct searches and record checks in the same manner required in § 39-17-1351(h) and send the results to the department. (d) If an applicant meets all the requirements of this section, the department shall issue the applicant a concealed handgun carry permit that entitles the permit holder to carry any handgun that the permit holder legally owns or possesses in a concealed manner. The concealed handgun permit is valid for eight (8) years from the date of issuance. (e) The permit holder shall have the permit in the holder's immediate possession at all times when carrying a handgun in a location or manner that would be prohibited if not for the person's status as a concealed handgun carry permit holder and shall display the permit on demand of a law enforcement officer under such circumstances. (f) The permit shall be issued on a wallet-sized card of the same approximate size as is used by this state for driver licenses and contain only the following information concerning the permit holder: (1) The permit holder's name, address, and date of birth; (2) A description of the permit holder by sex, height, weight, and eye color; (3) A visible full face photograph of the permit holder; and (4) The permit number, issuance date, and expiration date. (g) The issuance of a concealed 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 an enhanced handgun carry permit pursuant to that section. (h) A concealed handgun carry permit issued under this section shall authorize the permit holder to carry or possess a handgun as authorized by § 39-17-1313 . (i) A concealed handgun carry permit issued under this section is subject to the same restrictions and requirements found in §§ 39-17-1352 - 39-17-1359. (j) (1) Prior to the expiration of a concealed handgun carry permit, a permit holder may apply to the department for the renewal of the permit by submitting, under oath, a renewal application. The renewal application must be on a standard form developed by the department; must require the applicant to disclose, under oath, the information concerning the applicant as set forth in subsection (b); and must require the applicant to certify that the applicant still satisfies all the eligibility requirements of this section for the issuance of a concealed handgun carry permit. In the event the permit holder's current concealed handgun carry permit expires prior to the department's approval or issuance of notice of denial regarding a pending renewal application, the permit holder is entitled to continue to use the expired permit until the department issues an approval or denial of the renewal application. (2) A person may renew that person's concealed handgun carry permit beginning six (6) months prior to the expiration date on the face of the permit. (3) The department shall charge a renewal fee of fifty dollars ($50.00). (k) The department shall maintain the following material on the department's website: (1) Current state law on carrying handguns; (2) An explanation of the different handgun carry permits available; (3) A list of various providers that conduct department-approved training courses or classes, pursuant to subdivision (b)(4)(A); and (4) A printable form to be signed by the applicant pursuant to subdivision (b)(6). (l) The department shall determine that a firearms training or safety course or class meets the requirement of subdivision (b)(4)(A)(vii) if the course or class curriculum does the following: (1) Conveys the basic knowledge and skills necessary for safe handling and storage of firearms and ammunition and includes firearm safety rules, handgun uses, features, basic skills and techniques, safe cleaning, transportation, and safe storage methods; provided, however, that a course that was approved by the department prior to October 1, 2023, may continue to provide instruction in the same manner under which the course was previously approved. A person who has obtained a concealed carry permit prior to October 1, 2023, is not required by this subdivision ( l )(1) to take an additional handgun safety course; (2) Conveys the current state law on carrying handguns; (3) Is not less than ninety (90) minutes in length; (4) Includes a test or quiz that confirms competency of the course or class curriculum; and (5) Provides a printable certificate of course or class completion. (m) Any law enforcement officer of this state or of any county or municipality may, within the officer's lawful jurisdiction and when the officer is acting in the lawful discharge of the officer's official duties, disarm a permit holder at any time when the officer reasonably believes it is necessary for the protection of the permit holder, officer, or another individual. The officer shall return the handgun to the permit holder before discharging the permit holder from the scene when the officer has determined that the permit holder is not a threat to the officer, the permit holder, or another individual; provided, that the permit holder has not violated this section or committed any other violation that results in the arrest of the permit holder. (n) As used in this section, "department" means the department of safety. (o) (1) After the initial issuance of a concealed handgun carry permit, the department shall conduct a name-based criminal history record check every four (4) years or upon receipt of an application. (2) If the applicant is prohibited from purchasing or possessing a firearm in this state pursuant to § 39-17-1307(b) , 18 U.S.C. § 922(g) , or any other state or federal law, the department shall revoke the applicant's permit pursuant to § 39-17-1352 . Amended by 2023EX1 Tenn. Acts, ch. 1,s 3, eff. 9/8/2023. Amended by 2022 Tenn. Acts, ch. 1000, s 2, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1000, s 1, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 219, Secs.s 10, s 11 eff. 4/22/2021. Amended by 2021 Tenn. Acts, ch. 108, s 7, eff. 7/1/2021. Added by 2019 Tenn. Acts, ch. 479, s 5, eff. 1/1/2020.
(a) Any resident of this state who is a United States citizen or lawful permanent resident, as defined by § 55-50-102 , may apply to the department for a concealed handgun carry permit. If the applicant is not prohibited from possessing a firearm in this state pursuant to § 39-17-1307(b) , 18 U.S.C. § 922(g) , or any other state or federal law, and the applicant otherwise meets all of the requirements of this section, the department shall issue a permit to the applicant.
(b) To be eligible to receive a concealed handgun carry permit, the person must: (1) Apply in person to the department on a concealed handgun carry permit application developed by the department; (2) Provide proof of the person's identity and state residency by presenting: (A) A driver license or photo identification issued by this state; or (B) Other proof satisfactory to the department showing the person's identity and residency; (3) Meet the qualifications for the issuance of an enhanced handgun carry permit under § 39-17-1351(b) and (c) and provide the department with two (2) sets of fingerprints in the manner required in § 39-17-1351(d) ; (4) (A) Provide proof the person has demonstrated competence with a handgun; provided, that any safety or training course or class must have been completed no more than one (1) year prior to the application for the concealed handgun carry permit. The person may demonstrate such competence by one (1) of the following, but a person is not required to submit to any additional demonstration of competence: (i) Completing any hunter education or hunter safety course approved by the Tennessee wildlife resources agency or a similar agency of another state; (ii) Completing any firearms safety or training course administered by an organization specializing in firearms training and safety; (iii) Completing any firearms safety or training course or class available to the general public offered by a law enforcement agency, junior college, college, private or public institution or organization, or firearms training school utilizing instructors certified by an organization specializing in firearms training and safety or the department; (iv) Completing any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement; (v) Presenting evidence of equivalent experience with a firearm through current military service or proof of an honorable discharge from any branch of the armed services; (vi) Obtaining or previously having held a license to carry a firearm in this state, unless such license has been revoked for cause; (vii) Completing any firearms training or safety course or class, including an electronic, video, or online course, that: (a) Is conducted by a firearms instructor who is certified by the state or an organization specializing in firearms training and safety; and (b) Meets the qualifications established by the department pursuant to subsection ( l ); (viii) Completing any governmental law enforcement agency firearms training course and qualifying to carry a firearm in the course of normal police duties; or (ix) Completing any other firearms training that the department deems adequate; and (B) Proof of competence under this subdivision (b)(4) is evidenced by a photocopy of a certificate of completion of any of the courses or classes described in subdivision (b)(4)(A); an affidavit from the instructor, school, club, organization, or group that conducted or taught such course or class attesting to the completion of the course or class by the applicant; or a copy of any document that shows completion of the course or class or required experience; (5) Pay an application and processing fee of sixty-five dollars ($65.00) to the department; and (6) Provide a signed printed copy of the form provided by the department, pursuant to subdivision (k)(4), stating that the applicant has read and understands the current state law on carrying handguns.
(1) Apply in person to the department on a concealed handgun carry permit application developed by the department;
(2) Provide proof of the person's identity and state residency by presenting: (A) A driver license or photo identification issued by this state; or (B) Other proof satisfactory to the department showing the person's identity and residency;
(A) A driver license or photo identification issued by this state; or
(B) Other proof satisfactory to the department showing the person's identity and residency;
(3) Meet the qualifications for the issuance of an enhanced handgun carry permit under § 39-17-1351(b) and (c) and provide the department with two (2) sets of fingerprints in the manner required in § 39-17-1351(d) ;
(4) (A) Provide proof the person has demonstrated competence with a handgun; provided, that any safety or training course or class must have been completed no more than one (1) year prior to the application for the concealed handgun carry permit. The person may demonstrate such competence by one (1) of the following, but a person is not required to submit to any additional demonstration of competence: (i) Completing any hunter education or hunter safety course approved by the Tennessee wildlife resources agency or a similar agency of another state; (ii) Completing any firearms safety or training course administered by an organization specializing in firearms training and safety; (iii) Completing any firearms safety or training course or class available to the general public offered by a law enforcement agency, junior college, college, private or public institution or organization, or firearms training school utilizing instructors certified by an organization specializing in firearms training and safety or the department; (iv) Completing any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement; (v) Presenting evidence of equivalent experience with a firearm through current military service or proof of an honorable discharge from any branch of the armed services; (vi) Obtaining or previously having held a license to carry a firearm in this state, unless such license has been revoked for cause; (vii) Completing any firearms training or safety course or class, including an electronic, video, or online course, that: (a) Is conducted by a firearms instructor who is certified by the state or an organization specializing in firearms training and safety; and (b) Meets the qualifications established by the department pursuant to subsection ( l ); (viii) Completing any governmental law enforcement agency firearms training course and qualifying to carry a firearm in the course of normal police duties; or (ix) Completing any other firearms training that the department deems adequate; and (B) Proof of competence under this subdivision (b)(4) is evidenced by a photocopy of a certificate of completion of any of the courses or classes described in subdivision (b)(4)(A); an affidavit from the instructor, school, club, organization, or group that conducted or taught such course or class attesting to the completion of the course or class by the applicant; or a copy of any document that shows completion of the course or class or required experience;
(A) Provide proof the person has demonstrated competence with a handgun; provided, that any safety or training course or class must have been completed no more than one (1) year prior to the application for the concealed handgun carry permit. The person may demonstrate such competence by one (1) of the following, but a person is not required to submit to any additional demonstration of competence: (i) Completing any hunter education or hunter safety course approved by the Tennessee wildlife resources agency or a similar agency of another state; (ii) Completing any firearms safety or training course administered by an organization specializing in firearms training and safety; (iii) Completing any firearms safety or training course or class available to the general public offered by a law enforcement agency, junior college, college, private or public institution or organization, or firearms training school utilizing instructors certified by an organization specializing in firearms training and safety or the department; (iv) Completing any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement; (v) Presenting evidence of equivalent experience with a firearm through current military service or proof of an honorable discharge from any branch of the armed services; (vi) Obtaining or previously having held a license to carry a firearm in this state, unless such license has been revoked for cause; (vii) Completing any firearms training or safety course or class, including an electronic, video, or online course, that: (a) Is conducted by a firearms instructor who is certified by the state or an organization specializing in firearms training and safety; and (b) Meets the qualifications established by the department pursuant to subsection ( l ); (viii) Completing any governmental law enforcement agency firearms training course and qualifying to carry a firearm in the course of normal police duties; or (ix) Completing any other firearms training that the department deems adequate; and
(i) Completing any hunter education or hunter safety course approved by the Tennessee wildlife resources agency or a similar agency of another state;
(ii) Completing any firearms safety or training course administered by an organization specializing in firearms training and safety;
(iii) Completing any firearms safety or training course or class available to the general public offered by a law enforcement agency, junior college, college, private or public institution or organization, or firearms training school utilizing instructors certified by an organization specializing in firearms training and safety or the department;
(iv) Completing any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement;
(v) Presenting evidence of equivalent experience with a firearm through current military service or proof of an honorable discharge from any branch of the armed services;
(vi) Obtaining or previously having held a license to carry a firearm in this state, unless such license has been revoked for cause;
(vii) Completing any firearms training or safety course or class, including an electronic, video, or online course, that: (a) Is conducted by a firearms instructor who is certified by the state or an organization specializing in firearms training and safety; and (b) Meets the qualifications established by the department pursuant to subsection ( l );
(a) Is conducted by a firearms instructor who is certified by the state or an organization specializing in firearms training and safety; and
(b) Meets the qualifications established by the department pursuant to subsection ( l );
(viii) Completing any governmental law enforcement agency firearms training course and qualifying to carry a firearm in the course of normal police duties; or
(ix) Completing any other firearms training that the department deems adequate; and
(B) Proof of competence under this subdivision (b)(4) is evidenced by a photocopy of a certificate of completion of any of the courses or classes described in subdivision (b)(4)(A); an affidavit from the instructor, school, club, organization, or group that conducted or taught such course or class attesting to the completion of the course or class by the applicant; or a copy of any document that shows completion of the course or class or required experience;
(5) Pay an application and processing fee of sixty-five dollars ($65.00) to the department; and
(6) Provide a signed printed copy of the form provided by the department, pursuant to subdivision (k)(4), stating that the applicant has read and understands the current state law on carrying handguns.
(c) (1) Upon receipt of a concealed handgun carry permit application, the department shall: (A) Forward two (2) full sets of fingerprints of the applicant to the Tennessee bureau of investigation; and (B) Send a copy of the application to the sheriff of the county in which the applicant resides. (2) Within thirty (30) days of receiving an application, the sheriff shall provide the department with any information concerning the truthfulness of the applicant's answers to the eligibility requirements of § 39-17-1351(c) that is within the knowledge of the sheriff. (3) Upon receipt of the fingerprints from the department, the Tennessee bureau of investigation shall conduct searches and record checks in the same manner required in § 39-17-1351(h) and send the results to the department.
(1) Upon receipt of a concealed handgun carry permit application, the department shall: (A) Forward two (2) full sets of fingerprints of the applicant to the Tennessee bureau of investigation; and (B) Send a copy of the application to the sheriff of the county in which the applicant resides.
(A) Forward two (2) full sets of fingerprints of the applicant to the Tennessee bureau of investigation; and
(B) Send a copy of the application to the sheriff of the county in which the applicant resides.
(2) Within thirty (30) days of receiving an application, the sheriff shall provide the department with any information concerning the truthfulness of the applicant's answers to the eligibility requirements of § 39-17-1351(c) that is within the knowledge of the sheriff.
(3) Upon receipt of the fingerprints from the department, the Tennessee bureau of investigation shall conduct searches and record checks in the same manner required in § 39-17-1351(h) and send the results to the department.
(d) If an applicant meets all the requirements of this section, the department shall issue the applicant a concealed handgun carry permit that entitles the permit holder to carry any handgun that the permit holder legally owns or possesses in a concealed manner. The concealed handgun permit is valid for eight (8) years from the date of issuance.
(e) The permit holder shall have the permit in the holder's immediate possession at all times when carrying a handgun in a location or manner that would be prohibited if not for the person's status as a concealed handgun carry permit holder and shall display the permit on demand of a law enforcement officer under such circumstances.
(f) The permit shall be issued on a wallet-sized card of the same approximate size as is used by this state for driver licenses and contain only the following information concerning the permit holder: (1) The permit holder's name, address, and date of birth; (2) A description of the permit holder by sex, height, weight, and eye color; (3) A visible full face photograph of the permit holder; and (4) The permit number, issuance date, and expiration date.
(1) The permit holder's name, address, and date of birth;
(2) A description of the permit holder by sex, height, weight, and eye color;
(3) A visible full face photograph of the permit holder; and
(4) The permit number, issuance date, and expiration date.
(g) The issuance of a concealed 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 an enhanced handgun carry permit pursuant to that section.
(h) A concealed handgun carry permit issued under this section shall authorize the permit holder to carry or possess a handgun as authorized by § 39-17-1313 .
(i) A concealed handgun carry permit issued under this section is subject to the same restrictions and requirements found in §§ 39-17-1352 - 39-17-1359.
(j) (1) Prior to the expiration of a concealed handgun carry permit, a permit holder may apply to the department for the renewal of the permit by submitting, under oath, a renewal application. The renewal application must be on a standard form developed by the department; must require the applicant to disclose, under oath, the information concerning the applicant as set forth in subsection (b); and must require the applicant to certify that the applicant still satisfies all the eligibility requirements of this section for the issuance of a concealed handgun carry permit. In the event the permit holder's current concealed handgun carry permit expires prior to the department's approval or issuance of notice of denial regarding a pending renewal application, the permit holder is entitled to continue to use the expired permit until the department issues an approval or denial of the renewal application. (2) A person may renew that person's concealed handgun carry permit beginning six (6) months prior to the expiration date on the face of the permit. (3) The department shall charge a renewal fee of fifty dollars ($50.00).
(1) Prior to the expiration of a concealed handgun carry permit, a permit holder may apply to the department for the renewal of the permit by submitting, under oath, a renewal application. The renewal application must be on a standard form developed by the department; must require the applicant to disclose, under oath, the information concerning the applicant as set forth in subsection (b); and must require the applicant to certify that the applicant still satisfies all the eligibility requirements of this section for the issuance of a concealed handgun carry permit. In the event the permit holder's current concealed handgun carry permit expires prior to the department's approval or issuance of notice of denial regarding a pending renewal application, the permit holder is entitled to continue to use the expired permit until the department issues an approval or denial of the renewal application.
(2) A person may renew that person's concealed handgun carry permit beginning six (6) months prior to the expiration date on the face of the permit.
(3) The department shall charge a renewal fee of fifty dollars ($50.00).
(k) The department shall maintain the following material on the department's website: (1) Current state law on carrying handguns; (2) An explanation of the different handgun carry permits available; (3) A list of various providers that conduct department-approved training courses or classes, pursuant to subdivision (b)(4)(A); and (4) A printable form to be signed by the applicant pursuant to subdivision (b)(6).
(1) Current state law on carrying handguns;
(2) An explanation of the different handgun carry permits available;
(3) A list of various providers that conduct department-approved training courses or classes, pursuant to subdivision (b)(4)(A); and
(4) A printable form to be signed by the applicant pursuant to subdivision (b)(6).
(l) The department shall determine that a firearms training or safety course or class meets the requirement of subdivision (b)(4)(A)(vii) if the course or class curriculum does the following: (1) Conveys the basic knowledge and skills necessary for safe handling and storage of firearms and ammunition and includes firearm safety rules, handgun uses, features, basic skills and techniques, safe cleaning, transportation, and safe storage methods; provided, however, that a course that was approved by the department prior to October 1, 2023, may continue to provide instruction in the same manner under which the course was previously approved. A person who has obtained a concealed carry permit prior to October 1, 2023, is not required by this subdivision ( l )(1) to take an additional handgun safety course; (2) Conveys the current state law on carrying handguns; (3) Is not less than ninety (90) minutes in length; (4) Includes a test or quiz that confirms competency of the course or class curriculum; and (5) Provides a printable certificate of course or class completion.
(1) Conveys the basic knowledge and skills necessary for safe handling and storage of firearms and ammunition and includes firearm safety rules, handgun uses, features, basic skills and techniques, safe cleaning, transportation, and safe storage methods; provided, however, that a course that was approved by the department prior to October 1, 2023, may continue to provide instruction in the same manner under which the course was previously approved. A person who has obtained a concealed carry permit prior to October 1, 2023, is not required by this subdivision ( l )(1) to take an additional handgun safety course;
(2) Conveys the current state law on carrying handguns;
(3) Is not less than ninety (90) minutes in length;
(4) Includes a test or quiz that confirms competency of the course or class curriculum; and
(5) Provides a printable certificate of course or class completion.
(m) Any law enforcement officer of this state or of any county or municipality may, within the officer's lawful jurisdiction and when the officer is acting in the lawful discharge of the officer's official duties, disarm a permit holder at any time when the officer reasonably believes it is necessary for the protection of the permit holder, officer, or another individual. The officer shall return the handgun to the permit holder before discharging the permit holder from the scene when the officer has determined that the permit holder is not a threat to the officer, the permit holder, or another individual; provided, that the permit holder has not violated this section or committed any other violation that results in the arrest of the permit holder.
(n) As used in this section, "department" means the department of safety.
(o) (1) After the initial issuance of a concealed handgun carry permit, the department shall conduct a name-based criminal history record check every four (4) years or upon receipt of an application. (2) If the applicant is prohibited from purchasing or possessing a firearm in this state pursuant to § 39-17-1307(b) , 18 U.S.C. § 922(g) , or any other state or federal law, the department shall revoke the applicant's permit pursuant to § 39-17-1352 .
(1) After the initial issuance of a concealed handgun carry permit, the department shall conduct a name-based criminal history record check every four (4) years or upon receipt of an application.
(2) If the applicant is prohibited from purchasing or possessing a firearm in this state pursuant to § 39-17-1307(b) , 18 U.S.C. § 922(g) , or any other state or federal law, the department shall revoke the applicant's permit pursuant to § 39-17-1352 .
Amended by 2023EX1 Tenn. Acts, ch. 1,s 3, eff. 9/8/2023.
Amended by 2022 Tenn. Acts, ch. 1000, s 2, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1000, s 1, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 219, Secs.s 10, s 11 eff. 4/22/2021.
Amended by 2021 Tenn. Acts, ch. 108, s 7, eff. 7/1/2021.
Added by 2019 Tenn. Acts, ch. 479, s 5, eff. 1/1/2020.
Tenn. Code Ann. § 39-11-502 — TN Code / Title 39 / Chapter 11 / Section 39-11-502
Ignorance or mistake of fact
Status: in_force

(a) Except in prosecutions for violations of §§ 39-13-504(a)(4) and 39-13-522 , ignorance or mistake of fact is a defense to prosecution if the ignorance or mistake negates the culpable mental state of the charged offense. (b) Although a person's ignorance or mistake of fact may constitute a defense to the offense charged, the person may be convicted of the offense for which the person would be guilty if the fact were as the person believed. (c) It is not a defense to prosecution for a violation of § 39-13-309 , § 39-13-514 , or § 39-13-529(a), (b)(1), or (b)(2) that the person charged was ignorant or mistaken as to the age of a minor. Amended by 2022 Tenn. Acts, ch. 1115, s 12, eff. 7/1/2022. Amended by 2013 Tenn. Acts, ch. 337, s 1, eff. 7/1/2013. Acts 1989, ch. 591, § 1; 1995, ch. 495, § 1.
(a) Except in prosecutions for violations of §§ 39-13-504(a)(4) and 39-13-522 , ignorance or mistake of fact is a defense to prosecution if the ignorance or mistake negates the culpable mental state of the charged offense.
(b) Although a person's ignorance or mistake of fact may constitute a defense to the offense charged, the person may be convicted of the offense for which the person would be guilty if the fact were as the person believed.
(c) It is not a defense to prosecution for a violation of § 39-13-309 , § 39-13-514 , or § 39-13-529(a), (b)(1), or (b)(2) that the person charged was ignorant or mistaken as to the age of a minor.
Amended by 2022 Tenn. Acts, ch. 1115, s 12, eff. 7/1/2022.
Amended by 2013 Tenn. Acts, ch. 337, s 1, eff. 7/1/2013.
Acts 1989, ch. 591, § 1; 1995, ch. 495, § 1.
Tenn. Code Ann. § 39-13-532 — TN Code / Title 39 / Chapter 13 / Section 39-13-532
Statutory rape by an authority figure
Status: in_force

(a) Statutory rape by an authority figure is the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when: (1) The victim is at least thirteen (13) but less than eighteen (18) years of age; (2) The defendant is at least four (4) years older than the victim; and (3) (A) The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the sexual penetration; or (B) The defendant had, at the time of the offense, parental or custodial authority over the victim by virtue of the defendant's legal, professional, or occupational status and used the position to accomplish the sexual penetration. (b) Statutory rape by an authority figure is a Class B felony. (c) No person who is found guilty of or pleads guilty to the offense shall be eligible for probation pursuant to § 40-35-303 or judicial diversion pursuant to § 40-35- 313. Amended by 2016 Tenn. Acts, ch. 1086,s 1, eff. 7/1/2016. Acts 2006, ch. 973, § 1.
(a) Statutory rape by an authority figure is the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when: (1) The victim is at least thirteen (13) but less than eighteen (18) years of age; (2) The defendant is at least four (4) years older than the victim; and (3) (A) The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the sexual penetration; or (B) The defendant had, at the time of the offense, parental or custodial authority over the victim by virtue of the defendant's legal, professional, or occupational status and used the position to accomplish the sexual penetration.
(1) The victim is at least thirteen (13) but less than eighteen (18) years of age;
(2) The defendant is at least four (4) years older than the victim; and
(3) (A) The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the sexual penetration; or (B) The defendant had, at the time of the offense, parental or custodial authority over the victim by virtue of the defendant's legal, professional, or occupational status and used the position to accomplish the sexual penetration.
(A) The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the sexual penetration; or
(B) The defendant had, at the time of the offense, parental or custodial authority over the victim by virtue of the defendant's legal, professional, or occupational status and used the position to accomplish the sexual penetration.
(b) Statutory rape by an authority figure is a Class B felony.
(c) No person who is found guilty of or pleads guilty to the offense shall be eligible for probation pursuant to § 40-35-303 or judicial diversion pursuant to § 40-35- 313.
Amended by 2016 Tenn. Acts, ch. 1086,s 1, eff. 7/1/2016.
Acts 2006, ch. 973, § 1.
Tenn. Code Ann. § 39-13-301 — TN Code / Title 39 / Chapter 13 / Section 39-13-301
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Advertisement" means a notice or an announcement in a public medium promoting a product, service, or event, or publicizing a job vacancy; (2) "Blackmail" means threatening to expose or reveal the identity of another or any material, document, secret or other information that might subject a person to hatred, contempt, ridicule, loss of employment, social status or economic harm; (3) "Coercion" means: (A) Causing or threatening to cause bodily harm to any person, physically restraining or confining any person or threatening to physically restrain or confine any person; (B) Exposing or threatening to expose any fact or information that, if revealed, would tend to subject a person to criminal or immigration proceedings, hatred, contempt or ridicule; (C) Destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of any person; or (D) Providing a controlled substance, as defined in § 39-17-402 , or a controlled substance analogue, as defined in § 39-17-454 , to a person; (4) "Commercial sex act" means: (A) Any sexually explicit conduct for which anything of value is directly or indirectly given, promised to or received by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under eighteen (18) years of age; or (B) Any sexually explicit conduct that is performed or provided by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under eighteen (18) years of age; (5) "Deception" means: (A) Creating or confirming another person's impression of an existing fact or past event that is false and that the accused knows or believes to be false; (B) Maintaining the status or condition of a person arising from a pledge by that person of personal services as security for a debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined, or preventing a person from acquiring information pertinent to the disposition of the debt; or (C) Promising benefits or the performance of services that the accused does not intend to deliver or perform or knows will not be delivered or performed. Evidence of failure to deliver benefits or perform services standing alone shall not be sufficient to authorize a conviction under this part; (6) "Financial harm" includes extortion as defined by § 39-14-112 , criminal violation of the usury laws as defined by § 47-14-112 or employment contracts that violate the statute of frauds as defined by § 29-2-101(b) ; (7) "Forced labor or services" means labor or services that are performed or provided by another person and are obtained or maintained through the defendant's: (A) Causing or threatening to cause serious harm to any person; (B) Physically restraining or threatening to physically restrain another person; (C) Abusing or threatening to abuse the law or legal process; (D) Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person; (E) Blackmail; or (F) Causing or threatening to cause financial harm to in order to exercise financial control over any person; (8) "Involuntary servitude" means the condition of a person who is compelled by force, coercion or imprisonment and against the person's will to labor for another, whether paid or not; (9) "Labor" means work of economic or financial value; (10) "Maintain" means, in relation to labor or services, to secure continued performance of labor or services, regardless of any initial agreement on the part of the victim to perform such type of service; (11) "Minor" means an individual who is less than eighteen (18) years of age; (12) "Obtain" means, in relation to labor or services, to secure performance of labor or services; (13) "Services" means an ongoing relationship between a person and the defendant in which the person performs activities under the supervision of or for the defendant; (14) "Sexually explicit conduct" means actual or simulated: (A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) Condition of being fettered, bound or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's unclothed genitals, pubic area or buttocks or with a female's nude breasts; (H) Defecation or urination for the purpose of sexual stimulation of the viewer; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure; and (15) "Unlawful" means, with respect to removal or confinement, one that is accomplished by force, threat or fraud, or, in the case of a person who is under the age of thirteen (13) or incompetent, accomplished without the consent of a parent, guardian or other person responsible for the general supervision of the minor's or incompetent's welfare. Amended by 2013 Tenn. Acts, ch. 465,s 3, eff. 7/1/2013. Acts 1990, ch. 982, § 1; 2008, ch. 1140, § 2; 2012, ch. 848, § 13; 2012, ch. 1075, § 1.
As used in this part, unless the context otherwise requires:
(1) "Advertisement" means a notice or an announcement in a public medium promoting a product, service, or event, or publicizing a job vacancy;
(2) "Blackmail" means threatening to expose or reveal the identity of another or any material, document, secret or other information that might subject a person to hatred, contempt, ridicule, loss of employment, social status or economic harm;
(3) "Coercion" means: (A) Causing or threatening to cause bodily harm to any person, physically restraining or confining any person or threatening to physically restrain or confine any person; (B) Exposing or threatening to expose any fact or information that, if revealed, would tend to subject a person to criminal or immigration proceedings, hatred, contempt or ridicule; (C) Destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of any person; or (D) Providing a controlled substance, as defined in § 39-17-402 , or a controlled substance analogue, as defined in § 39-17-454 , to a person;
(A) Causing or threatening to cause bodily harm to any person, physically restraining or confining any person or threatening to physically restrain or confine any person;
(B) Exposing or threatening to expose any fact or information that, if revealed, would tend to subject a person to criminal or immigration proceedings, hatred, contempt or ridicule;
(C) Destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of any person; or
(D) Providing a controlled substance, as defined in § 39-17-402 , or a controlled substance analogue, as defined in § 39-17-454 , to a person;
(4) "Commercial sex act" means: (A) Any sexually explicit conduct for which anything of value is directly or indirectly given, promised to or received by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under eighteen (18) years of age; or (B) Any sexually explicit conduct that is performed or provided by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under eighteen (18) years of age;
(A) Any sexually explicit conduct for which anything of value is directly or indirectly given, promised to or received by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under eighteen (18) years of age; or
(B) Any sexually explicit conduct that is performed or provided by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under eighteen (18) years of age;
(5) "Deception" means: (A) Creating or confirming another person's impression of an existing fact or past event that is false and that the accused knows or believes to be false; (B) Maintaining the status or condition of a person arising from a pledge by that person of personal services as security for a debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined, or preventing a person from acquiring information pertinent to the disposition of the debt; or (C) Promising benefits or the performance of services that the accused does not intend to deliver or perform or knows will not be delivered or performed. Evidence of failure to deliver benefits or perform services standing alone shall not be sufficient to authorize a conviction under this part;
(A) Creating or confirming another person's impression of an existing fact or past event that is false and that the accused knows or believes to be false;
(B) Maintaining the status or condition of a person arising from a pledge by that person of personal services as security for a debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined, or preventing a person from acquiring information pertinent to the disposition of the debt; or
(C) Promising benefits or the performance of services that the accused does not intend to deliver or perform or knows will not be delivered or performed. Evidence of failure to deliver benefits or perform services standing alone shall not be sufficient to authorize a conviction under this part;
(6) "Financial harm" includes extortion as defined by § 39-14-112 , criminal violation of the usury laws as defined by § 47-14-112 or employment contracts that violate the statute of frauds as defined by § 29-2-101(b) ;
(7) "Forced labor or services" means labor or services that are performed or provided by another person and are obtained or maintained through the defendant's: (A) Causing or threatening to cause serious harm to any person; (B) Physically restraining or threatening to physically restrain another person; (C) Abusing or threatening to abuse the law or legal process; (D) Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person; (E) Blackmail; or (F) Causing or threatening to cause financial harm to in order to exercise financial control over any person;
(A) Causing or threatening to cause serious harm to any person;
(B) Physically restraining or threatening to physically restrain another person;
(C) Abusing or threatening to abuse the law or legal process;
(D) Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person;
(E) Blackmail; or
(F) Causing or threatening to cause financial harm to in order to exercise financial control over any person;
(8) "Involuntary servitude" means the condition of a person who is compelled by force, coercion or imprisonment and against the person's will to labor for another, whether paid or not;
(9) "Labor" means work of economic or financial value;
(10) "Maintain" means, in relation to labor or services, to secure continued performance of labor or services, regardless of any initial agreement on the part of the victim to perform such type of service;
(11) "Minor" means an individual who is less than eighteen (18) years of age;
(12) "Obtain" means, in relation to labor or services, to secure performance of labor or services;
(13) "Services" means an ongoing relationship between a person and the defendant in which the person performs activities under the supervision of or for the defendant;
(14) "Sexually explicit conduct" means actual or simulated: (A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) Condition of being fettered, bound or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's unclothed genitals, pubic area or buttocks or with a female's nude breasts; (H) Defecation or urination for the purpose of sexual stimulation of the viewer; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure; and
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
(B) Bestiality;
(C) Masturbation;
(D) Lewd exhibition of the genitals or pubic area of any person;
(E) Flagellation or torture by or upon a person who is nude;
(F) Condition of being fettered, bound or otherwise physically restrained on the part of a person who is nude;
(G) Physical contact in an act of apparent sexual stimulation or gratification with any person's unclothed genitals, pubic area or buttocks or with a female's nude breasts;
(H) Defecation or urination for the purpose of sexual stimulation of the viewer; or
(I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure; and
(15) "Unlawful" means, with respect to removal or confinement, one that is accomplished by force, threat or fraud, or, in the case of a person who is under the age of thirteen (13) or incompetent, accomplished without the consent of a parent, guardian or other person responsible for the general supervision of the minor's or incompetent's welfare.
Amended by 2013 Tenn. Acts, ch. 465,s 3, eff. 7/1/2013.
Acts 1990, ch. 982, § 1; 2008, ch. 1140, § 2; 2012, ch. 848, § 13; 2012, ch. 1075, § 1.
Tenn. Code Ann. § 39-14-408 — TN Code / Title 39 / Chapter 14 / Section 39-14-408
Vandalism
Status: in_force

(a) For purposes of this section: (1) "Damage" includes, but is not limited to: (A) Destroying, polluting, or contaminating property; (B) Tampering with property and causing pecuniary loss or substantial inconvenience to the owner or a third person; (C) Intentionally spilling, pouring, or otherwise administering chemicals or other toxic substances to or on the merchandise with the intent to: (i) Render the merchandise unusable or unsellable; or (ii) Alter the merchandise from its original or intended form; (D) Destroying, harming, or decreasing the value of merchandise offered for sale by a retail merchant in any other manner; or (E) Intentionally marring, marking upon, or defacing, in a temporary or permanent manner, state or local government property or any entrance or curtilage to or fixture on the property, with the exception of temporary marking of sidewalks; (2) "Merchandise" includes any goods, chattels, foodstuffs, or wares of any type of description, regardless of the value; (3) "Polluting" means the contamination by man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of the atmosphere, water, or soil to the material injury of the right of another. Pollutants include dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste; (4) "Retail merchant" means any person primarily engaged in the business of making retail sales. For purposes of this subdivision (a)(4), "primarily" means that at least fifty percent (50%) of the taxable gross sales of the business are retail sales; and (5) "Retail sale" or "sale at retail" means any sale other than a wholesale sale. (b) A person commits the offense of vandalism who knowingly: (1) Causes damage to or the destruction of any real or personal property of another or of the state, the United States, any county, city, or town knowing that the person does not have the owner's effective consent; (2) Solicits, directs, aids, or attempts to aid another to commit vandalism of a retail merchant, while acting with the intent to promote or assist the commission of vandalism of a retail merchant, or to benefit in the proceeds or results of the offense; (3) Damages merchandise offered for retail sale by a retail merchant; or (4) Facilitates commission of vandalism of a retail merchant or acts as an accessory after the fact to vandalism of a retail merchant. (c) (1) (A) A person violating subdivision (b)(1) or (b)(3) is a principal under § 39-11-401 and shall be punished as for theft under § 39-14-105 , after determining value under § 39-11-106 . (B) In addition to any sentence imposed for a violation of subdivision (b)(1) or (b)(3), the court shall include an order of restitution for any property damage or loss or cleaning and restoration expenses incurred as a result of the offense. (2) A person violating subdivision (b)(2) is a principal under § 39-11-402 and shall be punished as for theft under § 39-14-105 , after determining value under § 39-11-106 . (3) A person violating subdivision (b)(4) by facilitating a felony act of vandalism committed under subdivision (b)(1) or (b)(3), shall be punished one (1) classification lower than the value of the act of vandalism committed under subdivision (b)(1) or (b)(3). (4) A person violating subdivision (b)(4) as an accessory after the fact, under § 39-11-411 , to a felony act of vandalism committed under subdivision (b)(1) or (b)(3) commits a Class E felony. (5) Notwithstanding subdivision (c)(1)(A), a person violating subdivision (b)(1) by intentionally marring, marking upon, or defacing, in a temporary or permanent manner, state or local government property or any entrance or curtilage to or fixture on state or local government property, where the value determination under § 39-11-106 is less than two thousand five hundred dollars ($2,500), commits a Class A misdemeanor, unless the state or local government property is designated as a historic landmark or listed on the national register of historic places, in which case the violation shall be punished in accordance with subdivision (c)(1). In addition, a second or subsequent violation of subdivision (b)(1) with respect to state or local government property shall be punished by a mandatory fine of five thousand dollars ($5,000). Amended by 2020EX2 Tenn. Acts, ch. 3, Secs.s6, s7, s8 eff. 8/20/2020. Amended by 2015 Tenn. Acts, ch. 183, s 1, eff. 4/17/2015. Acts 1989, ch. 591, § 1; 1997 , ch. 284, § 3; 2005, ch. 353, § 16.
(a) For purposes of this section: (1) "Damage" includes, but is not limited to: (A) Destroying, polluting, or contaminating property; (B) Tampering with property and causing pecuniary loss or substantial inconvenience to the owner or a third person; (C) Intentionally spilling, pouring, or otherwise administering chemicals or other toxic substances to or on the merchandise with the intent to: (i) Render the merchandise unusable or unsellable; or (ii) Alter the merchandise from its original or intended form; (D) Destroying, harming, or decreasing the value of merchandise offered for sale by a retail merchant in any other manner; or (E) Intentionally marring, marking upon, or defacing, in a temporary or permanent manner, state or local government property or any entrance or curtilage to or fixture on the property, with the exception of temporary marking of sidewalks; (2) "Merchandise" includes any goods, chattels, foodstuffs, or wares of any type of description, regardless of the value; (3) "Polluting" means the contamination by man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of the atmosphere, water, or soil to the material injury of the right of another. Pollutants include dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste; (4) "Retail merchant" means any person primarily engaged in the business of making retail sales. For purposes of this subdivision (a)(4), "primarily" means that at least fifty percent (50%) of the taxable gross sales of the business are retail sales; and (5) "Retail sale" or "sale at retail" means any sale other than a wholesale sale.
(1) "Damage" includes, but is not limited to: (A) Destroying, polluting, or contaminating property; (B) Tampering with property and causing pecuniary loss or substantial inconvenience to the owner or a third person; (C) Intentionally spilling, pouring, or otherwise administering chemicals or other toxic substances to or on the merchandise with the intent to: (i) Render the merchandise unusable or unsellable; or (ii) Alter the merchandise from its original or intended form; (D) Destroying, harming, or decreasing the value of merchandise offered for sale by a retail merchant in any other manner; or (E) Intentionally marring, marking upon, or defacing, in a temporary or permanent manner, state or local government property or any entrance or curtilage to or fixture on the property, with the exception of temporary marking of sidewalks;
(A) Destroying, polluting, or contaminating property;
(B) Tampering with property and causing pecuniary loss or substantial inconvenience to the owner or a third person;
(C) Intentionally spilling, pouring, or otherwise administering chemicals or other toxic substances to or on the merchandise with the intent to: (i) Render the merchandise unusable or unsellable; or (ii) Alter the merchandise from its original or intended form;
(i) Render the merchandise unusable or unsellable; or
(ii) Alter the merchandise from its original or intended form;
(D) Destroying, harming, or decreasing the value of merchandise offered for sale by a retail merchant in any other manner; or
(E) Intentionally marring, marking upon, or defacing, in a temporary or permanent manner, state or local government property or any entrance or curtilage to or fixture on the property, with the exception of temporary marking of sidewalks;
(2) "Merchandise" includes any goods, chattels, foodstuffs, or wares of any type of description, regardless of the value;
(3) "Polluting" means the contamination by man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of the atmosphere, water, or soil to the material injury of the right of another. Pollutants include dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste;
(4) "Retail merchant" means any person primarily engaged in the business of making retail sales. For purposes of this subdivision (a)(4), "primarily" means that at least fifty percent (50%) of the taxable gross sales of the business are retail sales; and
(5) "Retail sale" or "sale at retail" means any sale other than a wholesale sale.
(b) A person commits the offense of vandalism who knowingly: (1) Causes damage to or the destruction of any real or personal property of another or of the state, the United States, any county, city, or town knowing that the person does not have the owner's effective consent; (2) Solicits, directs, aids, or attempts to aid another to commit vandalism of a retail merchant, while acting with the intent to promote or assist the commission of vandalism of a retail merchant, or to benefit in the proceeds or results of the offense; (3) Damages merchandise offered for retail sale by a retail merchant; or (4) Facilitates commission of vandalism of a retail merchant or acts as an accessory after the fact to vandalism of a retail merchant.
(1) Causes damage to or the destruction of any real or personal property of another or of the state, the United States, any county, city, or town knowing that the person does not have the owner's effective consent;
(2) Solicits, directs, aids, or attempts to aid another to commit vandalism of a retail merchant, while acting with the intent to promote or assist the commission of vandalism of a retail merchant, or to benefit in the proceeds or results of the offense;
(3) Damages merchandise offered for retail sale by a retail merchant; or
(4) Facilitates commission of vandalism of a retail merchant or acts as an accessory after the fact to vandalism of a retail merchant.
(c) (1) (A) A person violating subdivision (b)(1) or (b)(3) is a principal under § 39-11-401 and shall be punished as for theft under § 39-14-105 , after determining value under § 39-11-106 . (B) In addition to any sentence imposed for a violation of subdivision (b)(1) or (b)(3), the court shall include an order of restitution for any property damage or loss or cleaning and restoration expenses incurred as a result of the offense. (2) A person violating subdivision (b)(2) is a principal under § 39-11-402 and shall be punished as for theft under § 39-14-105 , after determining value under § 39-11-106 . (3) A person violating subdivision (b)(4) by facilitating a felony act of vandalism committed under subdivision (b)(1) or (b)(3), shall be punished one (1) classification lower than the value of the act of vandalism committed under subdivision (b)(1) or (b)(3). (4) A person violating subdivision (b)(4) as an accessory after the fact, under § 39-11-411 , to a felony act of vandalism committed under subdivision (b)(1) or (b)(3) commits a Class E felony. (5) Notwithstanding subdivision (c)(1)(A), a person violating subdivision (b)(1) by intentionally marring, marking upon, or defacing, in a temporary or permanent manner, state or local government property or any entrance or curtilage to or fixture on state or local government property, where the value determination under § 39-11-106 is less than two thousand five hundred dollars ($2,500), commits a Class A misdemeanor, unless the state or local government property is designated as a historic landmark or listed on the national register of historic places, in which case the violation shall be punished in accordance with subdivision (c)(1). In addition, a second or subsequent violation of subdivision (b)(1) with respect to state or local government property shall be punished by a mandatory fine of five thousand dollars ($5,000).
(1) (A) A person violating subdivision (b)(1) or (b)(3) is a principal under § 39-11-401 and shall be punished as for theft under § 39-14-105 , after determining value under § 39-11-106 . (B) In addition to any sentence imposed for a violation of subdivision (b)(1) or (b)(3), the court shall include an order of restitution for any property damage or loss or cleaning and restoration expenses incurred as a result of the offense.
(A) A person violating subdivision (b)(1) or (b)(3) is a principal under § 39-11-401 and shall be punished as for theft under § 39-14-105 , after determining value under § 39-11-106 .
(B) In addition to any sentence imposed for a violation of subdivision (b)(1) or (b)(3), the court shall include an order of restitution for any property damage or loss or cleaning and restoration expenses incurred as a result of the offense.
(2) A person violating subdivision (b)(2) is a principal under § 39-11-402 and shall be punished as for theft under § 39-14-105 , after determining value under § 39-11-106 .
(3) A person violating subdivision (b)(4) by facilitating a felony act of vandalism committed under subdivision (b)(1) or (b)(3), shall be punished one (1) classification lower than the value of the act of vandalism committed under subdivision (b)(1) or (b)(3).
(4) A person violating subdivision (b)(4) as an accessory after the fact, under § 39-11-411 , to a felony act of vandalism committed under subdivision (b)(1) or (b)(3) commits a Class E felony.
(5) Notwithstanding subdivision (c)(1)(A), a person violating subdivision (b)(1) by intentionally marring, marking upon, or defacing, in a temporary or permanent manner, state or local government property or any entrance or curtilage to or fixture on state or local government property, where the value determination under § 39-11-106 is less than two thousand five hundred dollars ($2,500), commits a Class A misdemeanor, unless the state or local government property is designated as a historic landmark or listed on the national register of historic places, in which case the violation shall be punished in accordance with subdivision (c)(1). In addition, a second or subsequent violation of subdivision (b)(1) with respect to state or local government property shall be punished by a mandatory fine of five thousand dollars ($5,000).
Amended by 2020EX2 Tenn. Acts, ch. 3, Secs.s6, s7, s8 eff. 8/20/2020.
Amended by 2015 Tenn. Acts, ch. 183, s 1, eff. 4/17/2015.
Acts 1989, ch. 591, § 1; 1997 , ch. 284, § 3; 2005, ch. 353, § 16.
Tenn. Code Ann. § 39-11-111 — TN Code / Title 39 / Chapter 11 / Section 39-11-111
Prohibited act when no penalty prescribed is misdemeanor
Status: in_force

When the performance or nonperformance of any act is made criminal by statute, and no penalty, punishment or forfeiture for the violation of that statute is imposed, the doing of the act is a misdemeanor. Acts 1989, ch. 591, § 1.
When the performance or nonperformance of any act is made criminal by statute, and no penalty, punishment or forfeiture for the violation of that statute is imposed, the doing of the act is a misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-1603 — TN Code / Title 39 / Chapter 17 / Section 39-17-1603
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Children" means individuals who have not attained eighteen (18) years of age; (2) "Community center" means any center operated by any city or county government that is used for children's activities; (3) "Day care center" means any place, operated by a person, society, agency, corporation, institution or religious organization, or any other group wherein are received thirteen (13) or more children for group care for less than twenty-four (24) hours per day without transfer of custody; (4) "Designated smoking area" means an enclosed indoor area or an outdoor area in which smoking is permitted pursuant to this part. If indoors, the smoking area shall be clearly demarcated and separate from any area in which smoking is not permitted, and shall not include more than twenty-five percent (25%) of the area of the building. The indoor smoking area shall be a fully enclosed area; (5) "Group care home" means a home operated by any person, society, agency, corporation, or institution or any group which receives seven (7) or more children for full-time care outside their own homes in facilities owned or rented and operated by the organization; (6) "Museum" means those indoor museums and art galleries owned or operated by the state or any political subdivision of the state, and those museums, historical societies, and art galleries owned and operated by not-for-profit corporations; (7) "Residential treatment facility" means a residential treatment facility licensed under title 33, chapter 2, part 4; (8) "School grounds" means any building, structure, and surrounding outdoor grounds contained within a public or private preschool, nursery school, kindergarten, elementary or secondary school's legally defined property boundaries as registered in a county register's office, and any publicly owned or leased vehicle used to transport children to or from school or any officially sanctioned or organized school event; (9) "Smoking" means the burning of a lighted cigarette, cigar, pipe or any other substance containing tobacco; (10) "Vapor product" has the same meaning as defined in § 39-17-1503 ; (11) "Youth development center" means a center established under title 37, chapter 5, part 2, for the detention, treatment, rehabilitation and education of children found to be delinquent; and (12) "Zoo" means any indoor area open to the public for the purpose of viewing animals. Amended by 2019 Tenn. Acts, ch. 144,s 2, eff. 4/17/2019. Acts 1995, ch. 455, § 3; 2000, ch. 947, § 8L.
As used in this part, unless the context otherwise requires:
(1) "Children" means individuals who have not attained eighteen (18) years of age;
(2) "Community center" means any center operated by any city or county government that is used for children's activities;
(3) "Day care center" means any place, operated by a person, society, agency, corporation, institution or religious organization, or any other group wherein are received thirteen (13) or more children for group care for less than twenty-four (24) hours per day without transfer of custody;
(4) "Designated smoking area" means an enclosed indoor area or an outdoor area in which smoking is permitted pursuant to this part. If indoors, the smoking area shall be clearly demarcated and separate from any area in which smoking is not permitted, and shall not include more than twenty-five percent (25%) of the area of the building. The indoor smoking area shall be a fully enclosed area;
(5) "Group care home" means a home operated by any person, society, agency, corporation, or institution or any group which receives seven (7) or more children for full-time care outside their own homes in facilities owned or rented and operated by the organization;
(6) "Museum" means those indoor museums and art galleries owned or operated by the state or any political subdivision of the state, and those museums, historical societies, and art galleries owned and operated by not-for-profit corporations;
(7) "Residential treatment facility" means a residential treatment facility licensed under title 33, chapter 2, part 4;
(8) "School grounds" means any building, structure, and surrounding outdoor grounds contained within a public or private preschool, nursery school, kindergarten, elementary or secondary school's legally defined property boundaries as registered in a county register's office, and any publicly owned or leased vehicle used to transport children to or from school or any officially sanctioned or organized school event;
(9) "Smoking" means the burning of a lighted cigarette, cigar, pipe or any other substance containing tobacco;
(10) "Vapor product" has the same meaning as defined in § 39-17-1503 ;
(11) "Youth development center" means a center established under title 37, chapter 5, part 2, for the detention, treatment, rehabilitation and education of children found to be delinquent; and
(12) "Zoo" means any indoor area open to the public for the purpose of viewing animals.
Amended by 2019 Tenn. Acts, ch. 144,s 2, eff. 4/17/2019.
Acts 1995, ch. 455, § 3; 2000, ch. 947, § 8L.
Tenn. Code Ann. § 39-12-105 — TN Code / Title 39 / Chapter 12 / Section 39-12-105
Incapacity, irresponsibility or immunity of party to attempt, solicitation or conspiracy - Defenses
Status: in_force

(a) Except as provided in subsection (c), it is immaterial to the liability of a person who solicits another to commit an offense that: (1) The person or the one whom the person solicits does not occupy a particular position or have a particular characteristic that is an element of the offense, if the person believes that one of them does; or (2) The one whom the person solicits is not legally responsible or has an immunity to prosecution or conviction for the commission of the offense. (b) Except as provided in subsections (c) and (d), it is immaterial to the liability of a person who conspires with another to commit an offense that the one with whom the person conspires is not legally responsible or, after the formation of the conspiracy, has been given immunity to prosecution or conviction for the commission of the offense. (c) It is a defense to a charge of attempt, solicitation or conspiracy to commit an offense that if the criminal object were achieved, the person would not be guilty of an offense under the law defining the offense or as an accomplice under § 39-11-402 . (d) It is a defense to a charge of conspiracy that the person or the one with whom the person conspires does not occupy a particular position or have a particular characteristic which is an element of such offense, if the person believes one of them does. Acts 1989, ch. 591, § 1; 1990, ch. 980, § 1.
(a) Except as provided in subsection (c), it is immaterial to the liability of a person who solicits another to commit an offense that: (1) The person or the one whom the person solicits does not occupy a particular position or have a particular characteristic that is an element of the offense, if the person believes that one of them does; or (2) The one whom the person solicits is not legally responsible or has an immunity to prosecution or conviction for the commission of the offense.
(1) The person or the one whom the person solicits does not occupy a particular position or have a particular characteristic that is an element of the offense, if the person believes that one of them does; or
(2) The one whom the person solicits is not legally responsible or has an immunity to prosecution or conviction for the commission of the offense.
(b) Except as provided in subsections (c) and (d), it is immaterial to the liability of a person who conspires with another to commit an offense that the one with whom the person conspires is not legally responsible or, after the formation of the conspiracy, has been given immunity to prosecution or conviction for the commission of the offense.
(c) It is a defense to a charge of attempt, solicitation or conspiracy to commit an offense that if the criminal object were achieved, the person would not be guilty of an offense under the law defining the offense or as an accomplice under § 39-11-402 .
(d) It is a defense to a charge of conspiracy that the person or the one with whom the person conspires does not occupy a particular position or have a particular characteristic which is an element of such offense, if the person believes one of them does.
Acts 1989, ch. 591, § 1; 1990, ch. 980, § 1.
Tenn. Code Ann. § 39-14-108 — TN Code / Title 39 / Chapter 14 / Section 39-14-108
Pawned or conveyed rental property
Status: in_force

(a) With respect to the theft of rental property, evidence of any of the following shall create an inference of intent to deprive the owner of the rental property, as provided in § 39-14-103 : (1) The person leasing or renting the property has pawned or otherwise conveyed the property; (2) The person leasing or renting the property pursuant to a written agreement presents identification to the owner at the time of the execution of the written agreement which bears a fictitious name, telephone number or address; or (3) The person leasing or renting the property pursuant to a written agreement designating the principal location at which the property is to be used, and specifying the date and time when the same is to be returned, fails to return the property to the owner on or before such return date and within ten (10) days after the date of mailing of written notice to return the property sent by registered or certified mail, return receipt requested, deliver to addressee only, and the property is not to be found at the location designated in the lease or rental agreement as the principal place of use of the property. (b) Any leased or rented tangible personal property that has been sold, pawned or otherwise disposed of by the person renting or leasing the property during the period of the lease or rental agreement shall be returned to the owner of the property if the property is properly marked and identified as leased or rental property and is no longer needed as evidence against the person, and if the owner of the property can, by serial number, manufacturer's identification number or other sufficient means, demonstrate ownership of the property. (c) (1) Each owner of rental property shall conspicuously mark and identify the property as rented or leased property. The markings shall include, but not be limited to, the name and address of the rental company and the serial number of the property. (2) Subdivision (c)(1) does not apply to motor vehicles, as defined in title 55. Acts 1989, ch. 591, § 1; 1990, ch. 796, § 1; 1992, ch. 992, § 1; 1995, ch. 482, §§ 1, 2.
(a) With respect to the theft of rental property, evidence of any of the following shall create an inference of intent to deprive the owner of the rental property, as provided in § 39-14-103 : (1) The person leasing or renting the property has pawned or otherwise conveyed the property; (2) The person leasing or renting the property pursuant to a written agreement presents identification to the owner at the time of the execution of the written agreement which bears a fictitious name, telephone number or address; or (3) The person leasing or renting the property pursuant to a written agreement designating the principal location at which the property is to be used, and specifying the date and time when the same is to be returned, fails to return the property to the owner on or before such return date and within ten (10) days after the date of mailing of written notice to return the property sent by registered or certified mail, return receipt requested, deliver to addressee only, and the property is not to be found at the location designated in the lease or rental agreement as the principal place of use of the property.
(1) The person leasing or renting the property has pawned or otherwise conveyed the property;
(2) The person leasing or renting the property pursuant to a written agreement presents identification to the owner at the time of the execution of the written agreement which bears a fictitious name, telephone number or address; or
(3) The person leasing or renting the property pursuant to a written agreement designating the principal location at which the property is to be used, and specifying the date and time when the same is to be returned, fails to return the property to the owner on or before such return date and within ten (10) days after the date of mailing of written notice to return the property sent by registered or certified mail, return receipt requested, deliver to addressee only, and the property is not to be found at the location designated in the lease or rental agreement as the principal place of use of the property.
(b) Any leased or rented tangible personal property that has been sold, pawned or otherwise disposed of by the person renting or leasing the property during the period of the lease or rental agreement shall be returned to the owner of the property if the property is properly marked and identified as leased or rental property and is no longer needed as evidence against the person, and if the owner of the property can, by serial number, manufacturer's identification number or other sufficient means, demonstrate ownership of the property.
(c) (1) Each owner of rental property shall conspicuously mark and identify the property as rented or leased property. The markings shall include, but not be limited to, the name and address of the rental company and the serial number of the property. (2) Subdivision (c)(1) does not apply to motor vehicles, as defined in title 55.
(1) Each owner of rental property shall conspicuously mark and identify the property as rented or leased property. The markings shall include, but not be limited to, the name and address of the rental company and the serial number of the property.
(2) Subdivision (c)(1) does not apply to motor vehicles, as defined in title 55.
Acts 1989, ch. 591, § 1; 1990, ch. 796, § 1; 1992, ch. 992, § 1; 1995, ch. 482, §§ 1, 2.
Tenn. Code Ann. § 39-17-1701 — TN Code / Title 39 / Chapter 17 / Section 39-17-1701
Short title
Status: in_force

This part shall be known and may be cited as the "Child Curfew Act of 1995." Acts 1995, ch. 314, § 1.
This part shall be known and may be cited as the "Child Curfew Act of 1995."
Acts 1995, ch. 314, § 1.
Tenn. Code Ann. § 39-13-602 — TN Code / Title 39 / Chapter 13 / Section 39-13-602
Penalty for violations
Status: in_force

A person who violates § 39-13-601(a) commits a Class D felony. Acts 1994, ch. 964, § 10.
A person who violates § 39-13-601(a) commits a Class D felony.
Acts 1994, ch. 964, § 10.
Tenn. Code Ann. § 39-17-1311 — TN Code / Title 39 / Chapter 17 / Section 39-17-1311
Carrying weapons on public parks, playgrounds, civic centers and other public recreational buildings and grounds
Status: in_force

(a) It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any weapon prohibited by § 39-17-1302(a) , not used solely for instructional, display or sanctioned ceremonial purposes, in or on the grounds of any public park, playground, civic center or other building facility, area or property owned, used or operated by any municipal, county or state government, or instrumentality thereof, for recreational purposes. (b) (1) Subsection (a) shall not apply to the following persons: (A) Persons employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard when in discharge of their official duties and acting under orders requiring them to carry arms or weapons; (B) Civil officers of the United States in the discharge of their official duties; (C) Officers and soldiers of the militia and the national guard when called into actual service; (D) Officers of the state, or of any county, city or town, charged with the enforcement of the laws of the state, in the discharge of their official duties; (E) Any pupils who are members of the reserve officers training corps or pupils enrolled in a course of instruction or members of a club or team, and who are required to carry arms or weapons in the discharge of their official class or team duties; (F) Any private police employed by the municipality, county, state or instrumentality thereof in the discharge of their duties; (G) A registered security guard/officer, who meets the requirements of title 62, chapter 35, while in the performance of the officer's duties; (H) (i) Persons possessing a handgun, who are authorized to carry the handgun pursuant to § 39-17-1351 or § 39-17-1366 , while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway, or other similar public place that is owned or operated by the state, a county, a municipality, or instrumentality of the state, a county, or municipality; (ii) Subdivision (b)(1)(H)(i) shall not apply if the permit holder: (a) Possessed a handgun in the immediate vicinity of property that was, at the time of possession, in use by any board of education, school, college or university board of trustees, regents, or directors for the administration of any public or private educational institution for the purpose of conducting an athletic event or other school-related activity on an athletic field, permanent or temporary, including but not limited to, a football or soccer field, tennis court, basketball court, track, running trail, Frisbee field, or similar multi-use field; and (b) Knew or should have known the athletic activity or school-related activity described in subdivision (b)(1)(H)(ii)( a ) was taking place on the property; or (c) Failed to take reasonable steps to leave the area of the athletic event or school-related activity after being informed of or becoming aware of its use; (iii) For purposes of subdivision (b)(1)(H)(ii)( a ) and ( c ), property described in subdivision (b)(1)(H)(i) is "in use" only when one (1) or more students are physically present on the property for an activity a reasonable person knows or should know is an athletic event, or other school event or school-related activity. Property listed in subdivision (b)(1)(H)(i) is not in use solely because equipment, materials, supplies, or other property owned or used by a school is stored, maintained, or permitted to remain on the property; (I) Persons possessing a handgun, who are authorized to carry the handgun pursuant to § 39-17-1351 or § 39-17-1366 , while within or on property designated by the federal government as a national park, forest, preserve, historic park, military park, trail or recreation area, to the extent permitted by federal law; and (J) Also, only to the extent a person strictly conforms the person's behavior to the requirements of one (1) of the following classifications: (i) A person hunting during the lawful hunting season on lands owned by any municipality, county, state or instrumentality thereof and designated as open to hunting by law or by the appropriate official; (ii) A person possessing unloaded hunting weapons while traversing the grounds of any public recreational building or property for the purpose of gaining access to public or private lands open to hunting with the intent to hunt on the public or private lands unless the public recreational building or property is posted prohibiting entry; (iii) A person possessing guns or knives when conducting or attending "gun and knife shows" when the program has been approved by the administrator of the recreational building or property; (iv) A person entering the property for the sole purpose of delivering or picking up passengers and who does not remove any weapon from the vehicle or utilize it in any manner; or (v) A person who possesses or carries a firearm for the purpose of sport or target shooting and sport or target shooting is permitted in the park or recreational area. (2) At any time the person's behavior no longer strictly conforms to one (1) of the classifications in subdivision (b)(1), the person shall be subject to subsection (a). (c) A violation of subsection (a) is a Class A misdemeanor. (d) For the purposes of this section, a "greenway" means an open-space area following a natural or man-made linear feature designed to be used for recreation, transportation, conservation, and to link services and facilities. A greenway is a paved, gravel-covered, woodchip covered, or wood-covered path that connects one greenway entrance with another greenway entrance. In the event a greenway traverses a park that is owned or operated by a county, municipality or instrumentality thereof, the greenway shall be considered a portion of that park unless designated otherwise by the local legislative body. Except as provided in this part, the definition of a greenway in this section shall not be applicable to any other provision of law. Amended by 2019 Tenn. Acts, ch. 479, s 7, eff. 1/1/2020. Amended by 2017 Tenn. Acts, ch. 341, s 1, eff. 5/9/2017. Amended by 2015 Tenn. Acts, ch. 250, Secs.s 1, s 2, s 5 eff. 4/24/2015. Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 9; 1993, ch. 480, §§ 1-3; 1996, ch. 1009, § 23; 2009 , ch. 428, §§ 1, 2; 2010 , ch. 1006, § 1.
(a) It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any weapon prohibited by § 39-17-1302(a) , not used solely for instructional, display or sanctioned ceremonial purposes, in or on the grounds of any public park, playground, civic center or other building facility, area or property owned, used or operated by any municipal, county or state government, or instrumentality thereof, for recreational purposes.
(b) (1) Subsection (a) shall not apply to the following persons: (A) Persons employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard when in discharge of their official duties and acting under orders requiring them to carry arms or weapons; (B) Civil officers of the United States in the discharge of their official duties; (C) Officers and soldiers of the militia and the national guard when called into actual service; (D) Officers of the state, or of any county, city or town, charged with the enforcement of the laws of the state, in the discharge of their official duties; (E) Any pupils who are members of the reserve officers training corps or pupils enrolled in a course of instruction or members of a club or team, and who are required to carry arms or weapons in the discharge of their official class or team duties; (F) Any private police employed by the municipality, county, state or instrumentality thereof in the discharge of their duties; (G) A registered security guard/officer, who meets the requirements of title 62, chapter 35, while in the performance of the officer's duties; (H) (i) Persons possessing a handgun, who are authorized to carry the handgun pursuant to § 39-17-1351 or § 39-17-1366 , while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway, or other similar public place that is owned or operated by the state, a county, a municipality, or instrumentality of the state, a county, or municipality; (ii) Subdivision (b)(1)(H)(i) shall not apply if the permit holder: (a) Possessed a handgun in the immediate vicinity of property that was, at the time of possession, in use by any board of education, school, college or university board of trustees, regents, or directors for the administration of any public or private educational institution for the purpose of conducting an athletic event or other school-related activity on an athletic field, permanent or temporary, including but not limited to, a football or soccer field, tennis court, basketball court, track, running trail, Frisbee field, or similar multi-use field; and (b) Knew or should have known the athletic activity or school-related activity described in subdivision (b)(1)(H)(ii)( a ) was taking place on the property; or (c) Failed to take reasonable steps to leave the area of the athletic event or school-related activity after being informed of or becoming aware of its use; (iii) For purposes of subdivision (b)(1)(H)(ii)( a ) and ( c ), property described in subdivision (b)(1)(H)(i) is "in use" only when one (1) or more students are physically present on the property for an activity a reasonable person knows or should know is an athletic event, or other school event or school-related activity. Property listed in subdivision (b)(1)(H)(i) is not in use solely because equipment, materials, supplies, or other property owned or used by a school is stored, maintained, or permitted to remain on the property; (I) Persons possessing a handgun, who are authorized to carry the handgun pursuant to § 39-17-1351 or § 39-17-1366 , while within or on property designated by the federal government as a national park, forest, preserve, historic park, military park, trail or recreation area, to the extent permitted by federal law; and (J) Also, only to the extent a person strictly conforms the person's behavior to the requirements of one (1) of the following classifications: (i) A person hunting during the lawful hunting season on lands owned by any municipality, county, state or instrumentality thereof and designated as open to hunting by law or by the appropriate official; (ii) A person possessing unloaded hunting weapons while traversing the grounds of any public recreational building or property for the purpose of gaining access to public or private lands open to hunting with the intent to hunt on the public or private lands unless the public recreational building or property is posted prohibiting entry; (iii) A person possessing guns or knives when conducting or attending "gun and knife shows" when the program has been approved by the administrator of the recreational building or property; (iv) A person entering the property for the sole purpose of delivering or picking up passengers and who does not remove any weapon from the vehicle or utilize it in any manner; or (v) A person who possesses or carries a firearm for the purpose of sport or target shooting and sport or target shooting is permitted in the park or recreational area. (2) At any time the person's behavior no longer strictly conforms to one (1) of the classifications in subdivision (b)(1), the person shall be subject to subsection (a).
(1) Subsection (a) shall not apply to the following persons: (A) Persons employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard when in discharge of their official duties and acting under orders requiring them to carry arms or weapons; (B) Civil officers of the United States in the discharge of their official duties; (C) Officers and soldiers of the militia and the national guard when called into actual service; (D) Officers of the state, or of any county, city or town, charged with the enforcement of the laws of the state, in the discharge of their official duties; (E) Any pupils who are members of the reserve officers training corps or pupils enrolled in a course of instruction or members of a club or team, and who are required to carry arms or weapons in the discharge of their official class or team duties; (F) Any private police employed by the municipality, county, state or instrumentality thereof in the discharge of their duties; (G) A registered security guard/officer, who meets the requirements of title 62, chapter 35, while in the performance of the officer's duties; (H) (i) Persons possessing a handgun, who are authorized to carry the handgun pursuant to § 39-17-1351 or § 39-17-1366 , while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway, or other similar public place that is owned or operated by the state, a county, a municipality, or instrumentality of the state, a county, or municipality; (ii) Subdivision (b)(1)(H)(i) shall not apply if the permit holder: (a) Possessed a handgun in the immediate vicinity of property that was, at the time of possession, in use by any board of education, school, college or university board of trustees, regents, or directors for the administration of any public or private educational institution for the purpose of conducting an athletic event or other school-related activity on an athletic field, permanent or temporary, including but not limited to, a football or soccer field, tennis court, basketball court, track, running trail, Frisbee field, or similar multi-use field; and (b) Knew or should have known the athletic activity or school-related activity described in subdivision (b)(1)(H)(ii)( a ) was taking place on the property; or (c) Failed to take reasonable steps to leave the area of the athletic event or school-related activity after being informed of or becoming aware of its use; (iii) For purposes of subdivision (b)(1)(H)(ii)( a ) and ( c ), property described in subdivision (b)(1)(H)(i) is "in use" only when one (1) or more students are physically present on the property for an activity a reasonable person knows or should know is an athletic event, or other school event or school-related activity. Property listed in subdivision (b)(1)(H)(i) is not in use solely because equipment, materials, supplies, or other property owned or used by a school is stored, maintained, or permitted to remain on the property; (I) Persons possessing a handgun, who are authorized to carry the handgun pursuant to § 39-17-1351 or § 39-17-1366 , while within or on property designated by the federal government as a national park, forest, preserve, historic park, military park, trail or recreation area, to the extent permitted by federal law; and (J) Also, only to the extent a person strictly conforms the person's behavior to the requirements of one (1) of the following classifications: (i) A person hunting during the lawful hunting season on lands owned by any municipality, county, state or instrumentality thereof and designated as open to hunting by law or by the appropriate official; (ii) A person possessing unloaded hunting weapons while traversing the grounds of any public recreational building or property for the purpose of gaining access to public or private lands open to hunting with the intent to hunt on the public or private lands unless the public recreational building or property is posted prohibiting entry; (iii) A person possessing guns or knives when conducting or attending "gun and knife shows" when the program has been approved by the administrator of the recreational building or property; (iv) A person entering the property for the sole purpose of delivering or picking up passengers and who does not remove any weapon from the vehicle or utilize it in any manner; or (v) A person who possesses or carries a firearm for the purpose of sport or target shooting and sport or target shooting is permitted in the park or recreational area.
(A) Persons employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard when in discharge of their official duties and acting under orders requiring them to carry arms or weapons;
(B) Civil officers of the United States in the discharge of their official duties;
(C) Officers and soldiers of the militia and the national guard when called into actual service;
(D) Officers of the state, or of any county, city or town, charged with the enforcement of the laws of the state, in the discharge of their official duties;
(E) Any pupils who are members of the reserve officers training corps or pupils enrolled in a course of instruction or members of a club or team, and who are required to carry arms or weapons in the discharge of their official class or team duties;
(F) Any private police employed by the municipality, county, state or instrumentality thereof in the discharge of their duties;
(G) A registered security guard/officer, who meets the requirements of title 62, chapter 35, while in the performance of the officer's duties;
(H) (i) Persons possessing a handgun, who are authorized to carry the handgun pursuant to § 39-17-1351 or § 39-17-1366 , while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway, or other similar public place that is owned or operated by the state, a county, a municipality, or instrumentality of the state, a county, or municipality; (ii) Subdivision (b)(1)(H)(i) shall not apply if the permit holder: (a) Possessed a handgun in the immediate vicinity of property that was, at the time of possession, in use by any board of education, school, college or university board of trustees, regents, or directors for the administration of any public or private educational institution for the purpose of conducting an athletic event or other school-related activity on an athletic field, permanent or temporary, including but not limited to, a football or soccer field, tennis court, basketball court, track, running trail, Frisbee field, or similar multi-use field; and (b) Knew or should have known the athletic activity or school-related activity described in subdivision (b)(1)(H)(ii)( a ) was taking place on the property; or (c) Failed to take reasonable steps to leave the area of the athletic event or school-related activity after being informed of or becoming aware of its use; (iii) For purposes of subdivision (b)(1)(H)(ii)( a ) and ( c ), property described in subdivision (b)(1)(H)(i) is "in use" only when one (1) or more students are physically present on the property for an activity a reasonable person knows or should know is an athletic event, or other school event or school-related activity. Property listed in subdivision (b)(1)(H)(i) is not in use solely because equipment, materials, supplies, or other property owned or used by a school is stored, maintained, or permitted to remain on the property;
(i) Persons possessing a handgun, who are authorized to carry the handgun pursuant to § 39-17-1351 or § 39-17-1366 , while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway, or other similar public place that is owned or operated by the state, a county, a municipality, or instrumentality of the state, a county, or municipality;
(ii) Subdivision (b)(1)(H)(i) shall not apply if the permit holder: (a) Possessed a handgun in the immediate vicinity of property that was, at the time of possession, in use by any board of education, school, college or university board of trustees, regents, or directors for the administration of any public or private educational institution for the purpose of conducting an athletic event or other school-related activity on an athletic field, permanent or temporary, including but not limited to, a football or soccer field, tennis court, basketball court, track, running trail, Frisbee field, or similar multi-use field; and (b) Knew or should have known the athletic activity or school-related activity described in subdivision (b)(1)(H)(ii)( a ) was taking place on the property; or (c) Failed to take reasonable steps to leave the area of the athletic event or school-related activity after being informed of or becoming aware of its use;
(a) Possessed a handgun in the immediate vicinity of property that was, at the time of possession, in use by any board of education, school, college or university board of trustees, regents, or directors for the administration of any public or private educational institution for the purpose of conducting an athletic event or other school-related activity on an athletic field, permanent or temporary, including but not limited to, a football or soccer field, tennis court, basketball court, track, running trail, Frisbee field, or similar multi-use field; and
(b) Knew or should have known the athletic activity or school-related activity described in subdivision (b)(1)(H)(ii)( a ) was taking place on the property; or
(c) Failed to take reasonable steps to leave the area of the athletic event or school-related activity after being informed of or becoming aware of its use;
(iii) For purposes of subdivision (b)(1)(H)(ii)( a ) and ( c ), property described in subdivision (b)(1)(H)(i) is "in use" only when one (1) or more students are physically present on the property for an activity a reasonable person knows or should know is an athletic event, or other school event or school-related activity. Property listed in subdivision (b)(1)(H)(i) is not in use solely because equipment, materials, supplies, or other property owned or used by a school is stored, maintained, or permitted to remain on the property;
(I) Persons possessing a handgun, who are authorized to carry the handgun pursuant to § 39-17-1351 or § 39-17-1366 , while within or on property designated by the federal government as a national park, forest, preserve, historic park, military park, trail or recreation area, to the extent permitted by federal law; and
(J) Also, only to the extent a person strictly conforms the person's behavior to the requirements of one (1) of the following classifications: (i) A person hunting during the lawful hunting season on lands owned by any municipality, county, state or instrumentality thereof and designated as open to hunting by law or by the appropriate official; (ii) A person possessing unloaded hunting weapons while traversing the grounds of any public recreational building or property for the purpose of gaining access to public or private lands open to hunting with the intent to hunt on the public or private lands unless the public recreational building or property is posted prohibiting entry; (iii) A person possessing guns or knives when conducting or attending "gun and knife shows" when the program has been approved by the administrator of the recreational building or property; (iv) A person entering the property for the sole purpose of delivering or picking up passengers and who does not remove any weapon from the vehicle or utilize it in any manner; or (v) A person who possesses or carries a firearm for the purpose of sport or target shooting and sport or target shooting is permitted in the park or recreational area.
(i) A person hunting during the lawful hunting season on lands owned by any municipality, county, state or instrumentality thereof and designated as open to hunting by law or by the appropriate official;
(ii) A person possessing unloaded hunting weapons while traversing the grounds of any public recreational building or property for the purpose of gaining access to public or private lands open to hunting with the intent to hunt on the public or private lands unless the public recreational building or property is posted prohibiting entry;
(iii) A person possessing guns or knives when conducting or attending "gun and knife shows" when the program has been approved by the administrator of the recreational building or property;
(iv) A person entering the property for the sole purpose of delivering or picking up passengers and who does not remove any weapon from the vehicle or utilize it in any manner; or
(v) A person who possesses or carries a firearm for the purpose of sport or target shooting and sport or target shooting is permitted in the park or recreational area.
(2) At any time the person's behavior no longer strictly conforms to one (1) of the classifications in subdivision (b)(1), the person shall be subject to subsection (a).
(c) A violation of subsection (a) is a Class A misdemeanor.
(d) For the purposes of this section, a "greenway" means an open-space area following a natural or man-made linear feature designed to be used for recreation, transportation, conservation, and to link services and facilities. A greenway is a paved, gravel-covered, woodchip covered, or wood-covered path that connects one greenway entrance with another greenway entrance. In the event a greenway traverses a park that is owned or operated by a county, municipality or instrumentality thereof, the greenway shall be considered a portion of that park unless designated otherwise by the local legislative body. Except as provided in this part, the definition of a greenway in this section shall not be applicable to any other provision of law.
Amended by 2019 Tenn. Acts, ch. 479, s 7, eff. 1/1/2020.
Amended by 2017 Tenn. Acts, ch. 341, s 1, eff. 5/9/2017.
Amended by 2015 Tenn. Acts, ch. 250, Secs.s 1, s 2, s 5 eff. 4/24/2015.
Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 9; 1993, ch. 480, §§ 1-3; 1996, ch. 1009, § 23; 2009 , ch. 428, §§ 1, 2; 2010 , ch. 1006, § 1.
Tenn. Code Ann. § 39-16-103 — TN Code / Title 39 / Chapter 16 / Section 39-16-103
Public servant guilty of bribery offense disqualified from holding office
Status: in_force

(a) Every person who is convicted under § 39-16-102 of accepting or receiving any gift, promise, benefit, or gratuity, as an executive, legislative, or judicial officer, shall forever afterwards be disqualified from holding any office under the laws or constitution of this state. (b) Any person who is convicted after February 15, 2006, of an offense in another state or under federal law that would constitute a violation of § 39-16-102 if committed in this state shall be, from the date of such conviction, forever disqualified from holding any office under the laws or constitution of this state. (c) If at the time of conviction for an offense specified in this section, the person still holds an office under the laws or constitution of this state, this section shall apply to such person at the end of the person's term of office, unless otherwise removed or expelled as provided by law prior to that time. Acts 1989, ch. 591, § 1; 2006 (1st Ex. Sess.), ch. 1, § 48.
(a) Every person who is convicted under § 39-16-102 of accepting or receiving any gift, promise, benefit, or gratuity, as an executive, legislative, or judicial officer, shall forever afterwards be disqualified from holding any office under the laws or constitution of this state.
(b) Any person who is convicted after February 15, 2006, of an offense in another state or under federal law that would constitute a violation of § 39-16-102 if committed in this state shall be, from the date of such conviction, forever disqualified from holding any office under the laws or constitution of this state.
(c) If at the time of conviction for an offense specified in this section, the person still holds an office under the laws or constitution of this state, this section shall apply to such person at the end of the person's term of office, unless otherwise removed or expelled as provided by law prior to that time.
Acts 1989, ch. 591, § 1; 2006 (1st Ex. Sess.), ch. 1, § 48.
Tenn. Code Ann. § 39-14-103 — TN Code / Title 39 / Chapter 14 / Section 39-14-103
Theft of property
Status: in_force

(a) A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent. (b) (1) As a condition of pretrial diversion, judicial diversion, probation or parole for a violation of subsection (a) when the violation occurs as set out in subdivision (b)(2), the person may be required to perform debris removal, clean-up, restoration, or other necessary physical labor at a location within the area affected by the disaster or emergency that is in the county where the offense occurred. (2) The condition of pretrial diversion, judicial diversion, probation or parole containing the requirement set out in subdivision (b)(1) may be used if the violation of subsection (a) occurs: (A) During or within thirty (30) days following the occurrence of a tornado, flood, fire, or other disaster or emergency, as defined in § 58-2-101 ; (B) Within the area affected by the disaster or emergency; and (C) When, as a result of the disaster or emergency, the owner of the property taken, or the person charged with custody of the property, is unable to adequately guard, secure or protect the property from theft. (3) Subdivision (b)(2) shall apply regardless of whether a state of emergency has been declared by a county, the governor, or the president of the United States at the time of or subsequent to the theft. (4) Any period of physical labor required pursuant to subdivision (b)(1) shall not exceed the maximum sentence authorized pursuant to § 39-14-105 . Acts 1989, ch. 591, § 1; 2011, ch. 322, § 1.
(a) A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent.
(b) (1) As a condition of pretrial diversion, judicial diversion, probation or parole for a violation of subsection (a) when the violation occurs as set out in subdivision (b)(2), the person may be required to perform debris removal, clean-up, restoration, or other necessary physical labor at a location within the area affected by the disaster or emergency that is in the county where the offense occurred. (2) The condition of pretrial diversion, judicial diversion, probation or parole containing the requirement set out in subdivision (b)(1) may be used if the violation of subsection (a) occurs: (A) During or within thirty (30) days following the occurrence of a tornado, flood, fire, or other disaster or emergency, as defined in § 58-2-101 ; (B) Within the area affected by the disaster or emergency; and (C) When, as a result of the disaster or emergency, the owner of the property taken, or the person charged with custody of the property, is unable to adequately guard, secure or protect the property from theft. (3) Subdivision (b)(2) shall apply regardless of whether a state of emergency has been declared by a county, the governor, or the president of the United States at the time of or subsequent to the theft. (4) Any period of physical labor required pursuant to subdivision (b)(1) shall not exceed the maximum sentence authorized pursuant to § 39-14-105 .
(1) As a condition of pretrial diversion, judicial diversion, probation or parole for a violation of subsection (a) when the violation occurs as set out in subdivision (b)(2), the person may be required to perform debris removal, clean-up, restoration, or other necessary physical labor at a location within the area affected by the disaster or emergency that is in the county where the offense occurred.
(2) The condition of pretrial diversion, judicial diversion, probation or parole containing the requirement set out in subdivision (b)(1) may be used if the violation of subsection (a) occurs: (A) During or within thirty (30) days following the occurrence of a tornado, flood, fire, or other disaster or emergency, as defined in § 58-2-101 ; (B) Within the area affected by the disaster or emergency; and (C) When, as a result of the disaster or emergency, the owner of the property taken, or the person charged with custody of the property, is unable to adequately guard, secure or protect the property from theft.
(A) During or within thirty (30) days following the occurrence of a tornado, flood, fire, or other disaster or emergency, as defined in § 58-2-101 ;
(B) Within the area affected by the disaster or emergency; and
(C) When, as a result of the disaster or emergency, the owner of the property taken, or the person charged with custody of the property, is unable to adequately guard, secure or protect the property from theft.
(3) Subdivision (b)(2) shall apply regardless of whether a state of emergency has been declared by a county, the governor, or the president of the United States at the time of or subsequent to the theft.
(4) Any period of physical labor required pursuant to subdivision (b)(1) shall not exceed the maximum sentence authorized pursuant to § 39-14-105 .
Acts 1989, ch. 591, § 1; 2011, ch. 322, § 1.
Tenn. Code Ann. § 39-14-139 — TN Code / Title 39 / Chapter 14 / Section 39-14-139
Recorded device
Status: in_force

(a) As used in this section: (1) "Aggregate wholesale value" means the average wholesale value of lawfully manufactured and authorized recordings corresponding to the number of nonconforming recordings involved in the offense. Proof of the specific wholesale value of each nonconforming recording shall not be required; (2) "Fixed" means embodied in a recording or other tangible medium of expression, by or under the authority of the author, so that the matter embodied is sufficiently permanent or stable to permit it to be perceived, reproduced or otherwise communicated for a period of more than transitory duration; (3) "Live performance" means a recitation, rendering or playing of a series of images, musical, spoken or other sounds, or a combination of images and sounds, in an audible sequence; (4) "Manufacturer" means the person who actually makes the recording or causes the recording to be made. "Manufacturer" does not include a person who manufactures a medium upon which sounds or images can be recorded or stored, or who manufactures the cartridge or casing itself, unless the person actually makes the recording or causes the recording to be made; (5) "Owner" means a person who owns the sounds fixed in a master phonograph record, master disc, master tape, master film or other recording on which sound is or can be recorded and from which the transferred recorded sounds are directly or indirectly derived; and (6) "Recording" means a tangible medium on which sounds, images, or both are recorded or otherwise stored, including an original phonograph record, disc, tape, audio or video cassette, wire, film, memory card, flash drive, hard-drive, data storage device, or other medium now existing or developed later on which sounds, images, or both are or can be recorded or otherwise stored, or a copy or reproduction that duplicates, in whole or in part, the original. (b) (1) It is unlawful for any person to: (A) Knowingly reproduce for sale or cause to be transferred any recording with intent to sell it or cause it to be sold or use it or cause it to be used for commercial advantage or private financial gain through public performance without the consent of the owner; (B) Transport within this state, for commercial advantage or private financial gain, a recording with the knowledge that the sounds on the recording have been reproduced or transferred without the consent of the owner; or (C) Advertise, offer for sale, sell or rent, cause the sale, resale or rental of, or possess for one (1) or more of these purposes any recording that the person knows has been reproduced or transferred without the consent of the owner. (2) Subdivision (b)(1) does not apply to audiovisual recordings and applies only to sound recordings that were initially fixed before February 15, 1972. (c) (1) It is unlawful for any person to: (A) For commercial advantage or private financial gain, advertise, offer for sale, sell, rent, transport, cause the sale, resale, rental, or transportation of, or possess for one (1) or more of these purposes a recording containing sounds of a live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner; or (B) With the intent to sell for commercial advantage or private financial gain, record or fix or cause to be recorded or fixed on a recording a live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner. (2) In the absence of a written agreement or law to the contrary, the performer or performers of a live performance may be presumed to own the rights to record or fix those sounds. (d) It is unlawful for any person to, for commercial advantage or private financial gain, knowingly advertise, offer for sale, sell, rent or transport, cause the sale, resale, rental or transportation of, or possess for any of these purposes a recording if the outside cover, box, jacket or label of the recording does not clearly and conspicuously disclose the actual name and address of the manufacturer. (e) Any violation of this section constitutes a: (1) Class D felony, accompanied by a fine of no less than one thousand dollars ($1,000), if: (A) The violation involves one hundred (100) or more recordings during a one hundred eighty-day period; or (B) The defendant has been previously convicted under this section; (2) Class E felony, accompanied by a fine of no less than five hundred dollars ($500), if the violation involves more than fifty (50) but less than one hundred (100) recordings during a one hundred eighty-day period; or (3) Class A misdemeanor, accompanied by a fine of no less than two hundred dollars ($200), for any other offense. (f) If a person is convicted of a violation of this section, the court may order the person to make restitution to any owner or lawful producer of a master recording that has suffered injury resulting from the crime, or to the trade association representing the owner or lawful producer. An order of restitution may be based on the aggregate wholesale value of lawfully manufactured and authorized recordings corresponding to the number of nonconforming recordings involved in the offense unless a greater value can be proven. An order of restitution may also include investigative costs relating to the offense. (g) All recordings involved in the offense, implements, devices and equipment used or intended to be used in the manufacture of recordings on which the offense is based, proceeds and any and all contraband associated with the offense are subject to forfeiture and destruction or other disposition pursuant to § 39-11-703 . (h) The penalties provided by this section are in addition to any other penalties provided under any other law. This section does not affect the rights and remedies of a party in private litigation. Acts 1989, ch. 591, § 1; 1990, ch. 1000, §§ 1-4; 2009, ch. 408, § 2.
(a) As used in this section: (1) "Aggregate wholesale value" means the average wholesale value of lawfully manufactured and authorized recordings corresponding to the number of nonconforming recordings involved in the offense. Proof of the specific wholesale value of each nonconforming recording shall not be required; (2) "Fixed" means embodied in a recording or other tangible medium of expression, by or under the authority of the author, so that the matter embodied is sufficiently permanent or stable to permit it to be perceived, reproduced or otherwise communicated for a period of more than transitory duration; (3) "Live performance" means a recitation, rendering or playing of a series of images, musical, spoken or other sounds, or a combination of images and sounds, in an audible sequence; (4) "Manufacturer" means the person who actually makes the recording or causes the recording to be made. "Manufacturer" does not include a person who manufactures a medium upon which sounds or images can be recorded or stored, or who manufactures the cartridge or casing itself, unless the person actually makes the recording or causes the recording to be made; (5) "Owner" means a person who owns the sounds fixed in a master phonograph record, master disc, master tape, master film or other recording on which sound is or can be recorded and from which the transferred recorded sounds are directly or indirectly derived; and (6) "Recording" means a tangible medium on which sounds, images, or both are recorded or otherwise stored, including an original phonograph record, disc, tape, audio or video cassette, wire, film, memory card, flash drive, hard-drive, data storage device, or other medium now existing or developed later on which sounds, images, or both are or can be recorded or otherwise stored, or a copy or reproduction that duplicates, in whole or in part, the original.
(1) "Aggregate wholesale value" means the average wholesale value of lawfully manufactured and authorized recordings corresponding to the number of nonconforming recordings involved in the offense. Proof of the specific wholesale value of each nonconforming recording shall not be required;
(2) "Fixed" means embodied in a recording or other tangible medium of expression, by or under the authority of the author, so that the matter embodied is sufficiently permanent or stable to permit it to be perceived, reproduced or otherwise communicated for a period of more than transitory duration;
(3) "Live performance" means a recitation, rendering or playing of a series of images, musical, spoken or other sounds, or a combination of images and sounds, in an audible sequence;
(4) "Manufacturer" means the person who actually makes the recording or causes the recording to be made. "Manufacturer" does not include a person who manufactures a medium upon which sounds or images can be recorded or stored, or who manufactures the cartridge or casing itself, unless the person actually makes the recording or causes the recording to be made;
(5) "Owner" means a person who owns the sounds fixed in a master phonograph record, master disc, master tape, master film or other recording on which sound is or can be recorded and from which the transferred recorded sounds are directly or indirectly derived; and
(6) "Recording" means a tangible medium on which sounds, images, or both are recorded or otherwise stored, including an original phonograph record, disc, tape, audio or video cassette, wire, film, memory card, flash drive, hard-drive, data storage device, or other medium now existing or developed later on which sounds, images, or both are or can be recorded or otherwise stored, or a copy or reproduction that duplicates, in whole or in part, the original.
(b) (1) It is unlawful for any person to: (A) Knowingly reproduce for sale or cause to be transferred any recording with intent to sell it or cause it to be sold or use it or cause it to be used for commercial advantage or private financial gain through public performance without the consent of the owner; (B) Transport within this state, for commercial advantage or private financial gain, a recording with the knowledge that the sounds on the recording have been reproduced or transferred without the consent of the owner; or (C) Advertise, offer for sale, sell or rent, cause the sale, resale or rental of, or possess for one (1) or more of these purposes any recording that the person knows has been reproduced or transferred without the consent of the owner. (2) Subdivision (b)(1) does not apply to audiovisual recordings and applies only to sound recordings that were initially fixed before February 15, 1972.
(1) It is unlawful for any person to: (A) Knowingly reproduce for sale or cause to be transferred any recording with intent to sell it or cause it to be sold or use it or cause it to be used for commercial advantage or private financial gain through public performance without the consent of the owner; (B) Transport within this state, for commercial advantage or private financial gain, a recording with the knowledge that the sounds on the recording have been reproduced or transferred without the consent of the owner; or (C) Advertise, offer for sale, sell or rent, cause the sale, resale or rental of, or possess for one (1) or more of these purposes any recording that the person knows has been reproduced or transferred without the consent of the owner.
(A) Knowingly reproduce for sale or cause to be transferred any recording with intent to sell it or cause it to be sold or use it or cause it to be used for commercial advantage or private financial gain through public performance without the consent of the owner;
(B) Transport within this state, for commercial advantage or private financial gain, a recording with the knowledge that the sounds on the recording have been reproduced or transferred without the consent of the owner; or
(C) Advertise, offer for sale, sell or rent, cause the sale, resale or rental of, or possess for one (1) or more of these purposes any recording that the person knows has been reproduced or transferred without the consent of the owner.
(2) Subdivision (b)(1) does not apply to audiovisual recordings and applies only to sound recordings that were initially fixed before February 15, 1972.
(c) (1) It is unlawful for any person to: (A) For commercial advantage or private financial gain, advertise, offer for sale, sell, rent, transport, cause the sale, resale, rental, or transportation of, or possess for one (1) or more of these purposes a recording containing sounds of a live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner; or (B) With the intent to sell for commercial advantage or private financial gain, record or fix or cause to be recorded or fixed on a recording a live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner. (2) In the absence of a written agreement or law to the contrary, the performer or performers of a live performance may be presumed to own the rights to record or fix those sounds.
(1) It is unlawful for any person to: (A) For commercial advantage or private financial gain, advertise, offer for sale, sell, rent, transport, cause the sale, resale, rental, or transportation of, or possess for one (1) or more of these purposes a recording containing sounds of a live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner; or (B) With the intent to sell for commercial advantage or private financial gain, record or fix or cause to be recorded or fixed on a recording a live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner.
(A) For commercial advantage or private financial gain, advertise, offer for sale, sell, rent, transport, cause the sale, resale, rental, or transportation of, or possess for one (1) or more of these purposes a recording containing sounds of a live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner; or
(B) With the intent to sell for commercial advantage or private financial gain, record or fix or cause to be recorded or fixed on a recording a live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner.
(2) In the absence of a written agreement or law to the contrary, the performer or performers of a live performance may be presumed to own the rights to record or fix those sounds.
(d) It is unlawful for any person to, for commercial advantage or private financial gain, knowingly advertise, offer for sale, sell, rent or transport, cause the sale, resale, rental or transportation of, or possess for any of these purposes a recording if the outside cover, box, jacket or label of the recording does not clearly and conspicuously disclose the actual name and address of the manufacturer.
(e) Any violation of this section constitutes a: (1) Class D felony, accompanied by a fine of no less than one thousand dollars ($1,000), if: (A) The violation involves one hundred (100) or more recordings during a one hundred eighty-day period; or (B) The defendant has been previously convicted under this section; (2) Class E felony, accompanied by a fine of no less than five hundred dollars ($500), if the violation involves more than fifty (50) but less than one hundred (100) recordings during a one hundred eighty-day period; or (3) Class A misdemeanor, accompanied by a fine of no less than two hundred dollars ($200), for any other offense.
(1) Class D felony, accompanied by a fine of no less than one thousand dollars ($1,000), if: (A) The violation involves one hundred (100) or more recordings during a one hundred eighty-day period; or (B) The defendant has been previously convicted under this section;
(A) The violation involves one hundred (100) or more recordings during a one hundred eighty-day period; or
(B) The defendant has been previously convicted under this section;
(2) Class E felony, accompanied by a fine of no less than five hundred dollars ($500), if the violation involves more than fifty (50) but less than one hundred (100) recordings during a one hundred eighty-day period; or
(3) Class A misdemeanor, accompanied by a fine of no less than two hundred dollars ($200), for any other offense.
(f) If a person is convicted of a violation of this section, the court may order the person to make restitution to any owner or lawful producer of a master recording that has suffered injury resulting from the crime, or to the trade association representing the owner or lawful producer. An order of restitution may be based on the aggregate wholesale value of lawfully manufactured and authorized recordings corresponding to the number of nonconforming recordings involved in the offense unless a greater value can be proven. An order of restitution may also include investigative costs relating to the offense.
(g) All recordings involved in the offense, implements, devices and equipment used or intended to be used in the manufacture of recordings on which the offense is based, proceeds and any and all contraband associated with the offense are subject to forfeiture and destruction or other disposition pursuant to § 39-11-703 .
(h) The penalties provided by this section are in addition to any other penalties provided under any other law. This section does not affect the rights and remedies of a party in private litigation.
Acts 1989, ch. 591, § 1; 1990, ch. 1000, §§ 1-4; 2009, ch. 408, § 2.
Tenn. Code Ann. § 39-13-905 — TN Code / Title 39 / Chapter 13 / Section 39-13-905
Use of unlawfully captured images as evidence - Disclosure of images limited
Status: in_force

(a) Except as otherwise provided by subsection (b), an image captured in violation of § 39-13-903 , or an image captured by an unmanned aircraft that was incidental to the lawful capturing of an image: (1) May not be used as evidence in any criminal or juvenile proceeding, civil action, or administrative proceeding; (2) Is not subject to disclosure, inspection, or copying under title 10, chapter 7; and (3) Is not subject to discovery, subpoena, or other means of legal compulsion for its release. (b) An image described by subsection (a) may be disclosed and used as evidence to prove a violation of this part and is subject to discovery, subpoena, or other means of legal compulsion for that purpose. Added by 2014 Tenn. Acts, ch. 876,s 6, eff. 7/1/2014.
(a) Except as otherwise provided by subsection (b), an image captured in violation of § 39-13-903 , or an image captured by an unmanned aircraft that was incidental to the lawful capturing of an image: (1) May not be used as evidence in any criminal or juvenile proceeding, civil action, or administrative proceeding; (2) Is not subject to disclosure, inspection, or copying under title 10, chapter 7; and (3) Is not subject to discovery, subpoena, or other means of legal compulsion for its release.
(1) May not be used as evidence in any criminal or juvenile proceeding, civil action, or administrative proceeding;
(2) Is not subject to disclosure, inspection, or copying under title 10, chapter 7; and
(3) Is not subject to discovery, subpoena, or other means of legal compulsion for its release.
(b) An image described by subsection (a) may be disclosed and used as evidence to prove a violation of this part and is subject to discovery, subpoena, or other means of legal compulsion for that purpose.
Added by 2014 Tenn. Acts, ch. 876,s 6, eff. 7/1/2014.
Tenn. Code Ann. § 39-13-703 — TN Code / Title 39 / Chapter 13 / Section 39-13-703
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Board" means the sex offender treatment board created in § 39-13-704 ; (2) "Sex offender" means any person who is convicted in this state, on or after January 1, 1996, of any sex offense, or if such person has been convicted in another state of an offense that would constitute a sex offense in this state, and who is subject to parole or probation supervision by the department of correction pursuant to an interstate compact; (3) "Sex offense" means any felony or misdemeanor offense described as follows: (A) The commission of any act that, on or after January 1, 1996, constitutes the criminal offense of: (i) Rape of a child, as defined in § 39-13-522 ; (ii) Aggravated rape, as defined in § 39-13-502 ; (iii) Rape, as defined in § 39-13-503 ; (iv) Aggravated sexual battery, as defined in § 39-13-504 ; (v) Sexual battery, as defined in § 39-13-505 ; (vi) Statutory rape, as defined in § 39-13-506 ; (vii) Incest, as defined in § 39-15-302 ; (viii) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subdivision (3)(A); and (ix) Criminal responsibility for the facilitation of a felony when the specific felony facilitated is any of the offenses specified in this subdivision (3)(A); (B) The commission of any act that, on or after July 1, 2008, constitutes the criminal offense of: (i) Sexual battery by an authority figure, as defined in § 39-13-527 ; (ii) Solicitation of a minor, as defined in § 39-13-528 ; (iii) Exploitation of a minor by electronic means, as defined in § 39-13-529 ; provided, that the victim of the offense is less than thirteen (13) years of age; (iv) Aggravated rape of a child, as defined in § 39-13-531 ; (v) Statutory rape by an authority figure, as defined in § 39-13-532 ; (vi) Sexual exploitation of a minor, as defined in § 39-17-1003 ; (vii) Aggravated sexual exploitation of a minor, as defined in § 39-17-1004 ; (viii) Especially aggravated sexual exploitation of a minor, as defined in § 39-17-1005 ; (ix) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subdivision (3)(B); and (x) Criminal responsibility for the facilitation of a felony when the specific felony facilitated is any of the offenses specified in this subdivision (3)(B); or (C) The commission of any act that, on or after July 1, 2021, constitutes the criminal offense of: (i) Trafficking for commercial sex act, as prohibited by § 39-13-309 ; (ii) Patronizing prostitution from a person who is younger than eighteen (18) years of age or has an intellectual disability, as prohibited by § 39-13-514 ; (iii) Promoting the prostitution of a minor, as prohibited by § 39-13-515 ; (iv) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subdivision (3)(C); and (v) Criminal responsibility for the facilitation of a felony when the specific felony facilitated is any of the offenses specified in this subdivision (3)(C); and (4) "Treatment" means therapy and supervision of any sex offender that conforms to the standards created by the board pursuant to § 39-13-704 . Amended by 2021 Tenn. Acts, ch. 365, s 1, eff. 5/11/2021. Acts 1995, ch. 353, § 4; 1996, ch. 968, § 1; 1998, ch. 1049, § 12; 2008 , ch. 1015, § 1; 2012 , ch. 727, § 6.
As used in this part, unless the context otherwise requires:
(1) "Board" means the sex offender treatment board created in § 39-13-704 ;
(2) "Sex offender" means any person who is convicted in this state, on or after January 1, 1996, of any sex offense, or if such person has been convicted in another state of an offense that would constitute a sex offense in this state, and who is subject to parole or probation supervision by the department of correction pursuant to an interstate compact;
(3) "Sex offense" means any felony or misdemeanor offense described as follows: (A) The commission of any act that, on or after January 1, 1996, constitutes the criminal offense of: (i) Rape of a child, as defined in § 39-13-522 ; (ii) Aggravated rape, as defined in § 39-13-502 ; (iii) Rape, as defined in § 39-13-503 ; (iv) Aggravated sexual battery, as defined in § 39-13-504 ; (v) Sexual battery, as defined in § 39-13-505 ; (vi) Statutory rape, as defined in § 39-13-506 ; (vii) Incest, as defined in § 39-15-302 ; (viii) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subdivision (3)(A); and (ix) Criminal responsibility for the facilitation of a felony when the specific felony facilitated is any of the offenses specified in this subdivision (3)(A); (B) The commission of any act that, on or after July 1, 2008, constitutes the criminal offense of: (i) Sexual battery by an authority figure, as defined in § 39-13-527 ; (ii) Solicitation of a minor, as defined in § 39-13-528 ; (iii) Exploitation of a minor by electronic means, as defined in § 39-13-529 ; provided, that the victim of the offense is less than thirteen (13) years of age; (iv) Aggravated rape of a child, as defined in § 39-13-531 ; (v) Statutory rape by an authority figure, as defined in § 39-13-532 ; (vi) Sexual exploitation of a minor, as defined in § 39-17-1003 ; (vii) Aggravated sexual exploitation of a minor, as defined in § 39-17-1004 ; (viii) Especially aggravated sexual exploitation of a minor, as defined in § 39-17-1005 ; (ix) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subdivision (3)(B); and (x) Criminal responsibility for the facilitation of a felony when the specific felony facilitated is any of the offenses specified in this subdivision (3)(B); or (C) The commission of any act that, on or after July 1, 2021, constitutes the criminal offense of: (i) Trafficking for commercial sex act, as prohibited by § 39-13-309 ; (ii) Patronizing prostitution from a person who is younger than eighteen (18) years of age or has an intellectual disability, as prohibited by § 39-13-514 ; (iii) Promoting the prostitution of a minor, as prohibited by § 39-13-515 ; (iv) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subdivision (3)(C); and (v) Criminal responsibility for the facilitation of a felony when the specific felony facilitated is any of the offenses specified in this subdivision (3)(C); and
(A) The commission of any act that, on or after January 1, 1996, constitutes the criminal offense of: (i) Rape of a child, as defined in § 39-13-522 ; (ii) Aggravated rape, as defined in § 39-13-502 ; (iii) Rape, as defined in § 39-13-503 ; (iv) Aggravated sexual battery, as defined in § 39-13-504 ; (v) Sexual battery, as defined in § 39-13-505 ; (vi) Statutory rape, as defined in § 39-13-506 ; (vii) Incest, as defined in § 39-15-302 ; (viii) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subdivision (3)(A); and (ix) Criminal responsibility for the facilitation of a felony when the specific felony facilitated is any of the offenses specified in this subdivision (3)(A);
(i) Rape of a child, as defined in § 39-13-522 ;
(ii) Aggravated rape, as defined in § 39-13-502 ;
(iii) Rape, as defined in § 39-13-503 ;
(iv) Aggravated sexual battery, as defined in § 39-13-504 ;
(v) Sexual battery, as defined in § 39-13-505 ;
(vi) Statutory rape, as defined in § 39-13-506 ;
(vii) Incest, as defined in § 39-15-302 ;
(viii) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subdivision (3)(A); and
(ix) Criminal responsibility for the facilitation of a felony when the specific felony facilitated is any of the offenses specified in this subdivision (3)(A);
(B) The commission of any act that, on or after July 1, 2008, constitutes the criminal offense of: (i) Sexual battery by an authority figure, as defined in § 39-13-527 ; (ii) Solicitation of a minor, as defined in § 39-13-528 ; (iii) Exploitation of a minor by electronic means, as defined in § 39-13-529 ; provided, that the victim of the offense is less than thirteen (13) years of age; (iv) Aggravated rape of a child, as defined in § 39-13-531 ; (v) Statutory rape by an authority figure, as defined in § 39-13-532 ; (vi) Sexual exploitation of a minor, as defined in § 39-17-1003 ; (vii) Aggravated sexual exploitation of a minor, as defined in § 39-17-1004 ; (viii) Especially aggravated sexual exploitation of a minor, as defined in § 39-17-1005 ; (ix) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subdivision (3)(B); and (x) Criminal responsibility for the facilitation of a felony when the specific felony facilitated is any of the offenses specified in this subdivision (3)(B); or
(i) Sexual battery by an authority figure, as defined in § 39-13-527 ;
(ii) Solicitation of a minor, as defined in § 39-13-528 ;
(iii) Exploitation of a minor by electronic means, as defined in § 39-13-529 ; provided, that the victim of the offense is less than thirteen (13) years of age;
(iv) Aggravated rape of a child, as defined in § 39-13-531 ;
(v) Statutory rape by an authority figure, as defined in § 39-13-532 ;
(vi) Sexual exploitation of a minor, as defined in § 39-17-1003 ;
(vii) Aggravated sexual exploitation of a minor, as defined in § 39-17-1004 ;
(viii) Especially aggravated sexual exploitation of a minor, as defined in § 39-17-1005 ;
(ix) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subdivision (3)(B); and
(x) Criminal responsibility for the facilitation of a felony when the specific felony facilitated is any of the offenses specified in this subdivision (3)(B); or
(C) The commission of any act that, on or after July 1, 2021, constitutes the criminal offense of: (i) Trafficking for commercial sex act, as prohibited by § 39-13-309 ; (ii) Patronizing prostitution from a person who is younger than eighteen (18) years of age or has an intellectual disability, as prohibited by § 39-13-514 ; (iii) Promoting the prostitution of a minor, as prohibited by § 39-13-515 ; (iv) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subdivision (3)(C); and (v) Criminal responsibility for the facilitation of a felony when the specific felony facilitated is any of the offenses specified in this subdivision (3)(C); and
(i) Trafficking for commercial sex act, as prohibited by § 39-13-309 ;
(ii) Patronizing prostitution from a person who is younger than eighteen (18) years of age or has an intellectual disability, as prohibited by § 39-13-514 ;
(iii) Promoting the prostitution of a minor, as prohibited by § 39-13-515 ;
(iv) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subdivision (3)(C); and
(v) Criminal responsibility for the facilitation of a felony when the specific felony facilitated is any of the offenses specified in this subdivision (3)(C); and
(4) "Treatment" means therapy and supervision of any sex offender that conforms to the standards created by the board pursuant to § 39-13-704 .
Amended by 2021 Tenn. Acts, ch. 365, s 1, eff. 5/11/2021.
Acts 1995, ch. 353, § 4; 1996, ch. 968, § 1; 1998, ch. 1049, § 12; 2008 , ch. 1015, § 1; 2012 , ch. 727, § 6.
Tenn. Code Ann. § 39-13-314 — TN Code / Title 39 / Chapter 13 / Section 39-13-314
Offense of human trafficking
Status: in_force

(a) As used in this part, unless the context otherwise indicates: (1) "Human trafficking offense" means the commission of any act that constitutes the criminal offense of: (A) Involuntary labor servitude, under § 39-13-307 ; (B) Trafficking persons for forced labor or services, under § 39-13-308 ; (C) Trafficking for commercial sex act, under § 39-13-309 ; (D) Patronizing prostitution, under § 39-13-514(b)(3)(A) ; or (E) Promoting prostitution, under § 39-13-515(c) ; and (2) "Trafficked person" means a victim of a human trafficking offense. (b) (1) A trafficked person may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those or any other appropriate relief. (2) A prevailing plaintiff is entitled to an award of attorney's fees and costs. (c) Restitution under this section shall include items covered by the criminal injuries compensation fund under § 40-24-107 and any of the following, if not already covered by the court's restitution order: (1) Costs of medical and psychological treatment, including physical and occupational therapy and rehabilitation, at the court's discretion; (2) Costs of necessary transportation, temporary housing, and child care, at the court's discretion; (3) Attorney's fees and other court-related costs such as victim advocate fees; (4) The greater of: (A) The value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) (compiled in 29 U.S.C. § 201 et seq.), or state equivalent; or (B) The gross income or value to the defendant of the victim's labor or services or of any commercial sex acts engaged in by the victim while in the human trafficking situation; (5) Return of property, cost of damage to property, or full value of property if destroyed or damaged beyond repair; (6) Compensation for emotional distress, pain, and suffering; (7) (A) Expenses incurred by a victim and any household members or other family members in relocating away from the defendant or the defendant's associates, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items; (B) Expenses incurred pursuant to subdivision (c)(7)(A) shall be verified by law enforcement to be necessary for the personal safety of the victim or household or family members, or by a mental health treatment provider to be necessary for the emotional well-being of the victim; (8) Repatriation of the victim to the victim's home country, if applicable; and (9) Any and all other losses suffered by the victim as a result of human trafficking offenses. (d) (1) A legal guardian, family member, representative of the trafficked person or court appointee may represent the trafficked person or the trafficked person's estate if deceased. (2) If the trafficked person dies as a result of a human trafficking offense, a surviving spouse of the trafficked person is eligible for restitution. If no surviving spouse exists, restitution shall be paid to the trafficked person's issue or their descendants per stirpes. If no surviving spouse, issue, or descendants exist, restitution shall be paid to the trafficked person's estate. (e) A person named in this section may not receive any funds from restitution if such person engaged in violations of a human trafficking offense. (f) A person who is convicted of a human trafficking offense is required, if eligible, to obtain a valid driver license or photo identification license that has been properly designated by the department of safety pursuant to § 55-50-353(b) . Amended by 2022 Tenn. Acts, ch. 1089, s 5, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1015, s 2, eff. 7/1/2022. Acts 2012 , ch. 613, § 1.
(a) As used in this part, unless the context otherwise indicates: (1) "Human trafficking offense" means the commission of any act that constitutes the criminal offense of: (A) Involuntary labor servitude, under § 39-13-307 ; (B) Trafficking persons for forced labor or services, under § 39-13-308 ; (C) Trafficking for commercial sex act, under § 39-13-309 ; (D) Patronizing prostitution, under § 39-13-514(b)(3)(A) ; or (E) Promoting prostitution, under § 39-13-515(c) ; and (2) "Trafficked person" means a victim of a human trafficking offense.
(1) "Human trafficking offense" means the commission of any act that constitutes the criminal offense of: (A) Involuntary labor servitude, under § 39-13-307 ; (B) Trafficking persons for forced labor or services, under § 39-13-308 ; (C) Trafficking for commercial sex act, under § 39-13-309 ; (D) Patronizing prostitution, under § 39-13-514(b)(3)(A) ; or (E) Promoting prostitution, under § 39-13-515(c) ; and
(A) Involuntary labor servitude, under § 39-13-307 ;
(B) Trafficking persons for forced labor or services, under § 39-13-308 ;
(C) Trafficking for commercial sex act, under § 39-13-309 ;
(D) Patronizing prostitution, under § 39-13-514(b)(3)(A) ; or
(E) Promoting prostitution, under § 39-13-515(c) ; and
(2) "Trafficked person" means a victim of a human trafficking offense.
(b) (1) A trafficked person may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those or any other appropriate relief. (2) A prevailing plaintiff is entitled to an award of attorney's fees and costs.
(1) A trafficked person may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those or any other appropriate relief.
(2) A prevailing plaintiff is entitled to an award of attorney's fees and costs.
(c) Restitution under this section shall include items covered by the criminal injuries compensation fund under § 40-24-107 and any of the following, if not already covered by the court's restitution order: (1) Costs of medical and psychological treatment, including physical and occupational therapy and rehabilitation, at the court's discretion; (2) Costs of necessary transportation, temporary housing, and child care, at the court's discretion; (3) Attorney's fees and other court-related costs such as victim advocate fees; (4) The greater of: (A) The value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) (compiled in 29 U.S.C. § 201 et seq.), or state equivalent; or (B) The gross income or value to the defendant of the victim's labor or services or of any commercial sex acts engaged in by the victim while in the human trafficking situation; (5) Return of property, cost of damage to property, or full value of property if destroyed or damaged beyond repair; (6) Compensation for emotional distress, pain, and suffering; (7) (A) Expenses incurred by a victim and any household members or other family members in relocating away from the defendant or the defendant's associates, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items; (B) Expenses incurred pursuant to subdivision (c)(7)(A) shall be verified by law enforcement to be necessary for the personal safety of the victim or household or family members, or by a mental health treatment provider to be necessary for the emotional well-being of the victim; (8) Repatriation of the victim to the victim's home country, if applicable; and (9) Any and all other losses suffered by the victim as a result of human trafficking offenses.
(1) Costs of medical and psychological treatment, including physical and occupational therapy and rehabilitation, at the court's discretion;
(2) Costs of necessary transportation, temporary housing, and child care, at the court's discretion;
(3) Attorney's fees and other court-related costs such as victim advocate fees;
(4) The greater of: (A) The value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) (compiled in 29 U.S.C. § 201 et seq.), or state equivalent; or (B) The gross income or value to the defendant of the victim's labor or services or of any commercial sex acts engaged in by the victim while in the human trafficking situation;
(A) The value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) (compiled in 29 U.S.C. § 201 et seq.), or state equivalent; or
(B) The gross income or value to the defendant of the victim's labor or services or of any commercial sex acts engaged in by the victim while in the human trafficking situation;
(5) Return of property, cost of damage to property, or full value of property if destroyed or damaged beyond repair;
(6) Compensation for emotional distress, pain, and suffering;
(7) (A) Expenses incurred by a victim and any household members or other family members in relocating away from the defendant or the defendant's associates, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items; (B) Expenses incurred pursuant to subdivision (c)(7)(A) shall be verified by law enforcement to be necessary for the personal safety of the victim or household or family members, or by a mental health treatment provider to be necessary for the emotional well-being of the victim;
(A) Expenses incurred by a victim and any household members or other family members in relocating away from the defendant or the defendant's associates, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items;
(B) Expenses incurred pursuant to subdivision (c)(7)(A) shall be verified by law enforcement to be necessary for the personal safety of the victim or household or family members, or by a mental health treatment provider to be necessary for the emotional well-being of the victim;
(8) Repatriation of the victim to the victim's home country, if applicable; and
(9) Any and all other losses suffered by the victim as a result of human trafficking offenses.
(d) (1) A legal guardian, family member, representative of the trafficked person or court appointee may represent the trafficked person or the trafficked person's estate if deceased. (2) If the trafficked person dies as a result of a human trafficking offense, a surviving spouse of the trafficked person is eligible for restitution. If no surviving spouse exists, restitution shall be paid to the trafficked person's issue or their descendants per stirpes. If no surviving spouse, issue, or descendants exist, restitution shall be paid to the trafficked person's estate.
(1) A legal guardian, family member, representative of the trafficked person or court appointee may represent the trafficked person or the trafficked person's estate if deceased.
(2) If the trafficked person dies as a result of a human trafficking offense, a surviving spouse of the trafficked person is eligible for restitution. If no surviving spouse exists, restitution shall be paid to the trafficked person's issue or their descendants per stirpes. If no surviving spouse, issue, or descendants exist, restitution shall be paid to the trafficked person's estate.
(e) A person named in this section may not receive any funds from restitution if such person engaged in violations of a human trafficking offense.
(f) A person who is convicted of a human trafficking offense is required, if eligible, to obtain a valid driver license or photo identification license that has been properly designated by the department of safety pursuant to § 55-50-353(b) .
Amended by 2022 Tenn. Acts, ch. 1089, s 5, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1015, s 2, eff. 7/1/2022.
Acts 2012 , ch. 613, § 1.
Tenn. Code Ann. § 39-14-120 — TN Code / Title 39 / Chapter 14 / Section 39-14-120
Issuing false financial statement
Status: in_force

(a) A person commits the crime of issuing a false financial statement who, with intent to defraud: (1) Knowingly makes or utters a written instrument which purports to describe the financial condition or ability of the person or some other person to pay and which is inaccurate in some material respect; or (2) Represents in writing that a written instrument purporting to describe a person's financial condition or ability to pay is accurate with respect to that person's current financial condition or ability to pay, knowing or having reason to believe the instrument to be materially inaccurate in that respect. (b) Issuing a false financial statement is a Class B misdemeanor. Acts 1989, ch. 591, § 1.
(a) A person commits the crime of issuing a false financial statement who, with intent to defraud: (1) Knowingly makes or utters a written instrument which purports to describe the financial condition or ability of the person or some other person to pay and which is inaccurate in some material respect; or (2) Represents in writing that a written instrument purporting to describe a person's financial condition or ability to pay is accurate with respect to that person's current financial condition or ability to pay, knowing or having reason to believe the instrument to be materially inaccurate in that respect.
(1) Knowingly makes or utters a written instrument which purports to describe the financial condition or ability of the person or some other person to pay and which is inaccurate in some material respect; or
(2) Represents in writing that a written instrument purporting to describe a person's financial condition or ability to pay is accurate with respect to that person's current financial condition or ability to pay, knowing or having reason to believe the instrument to be materially inaccurate in that respect.
(b) Issuing a false financial statement is a Class B misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-13-507 — TN Code / Title 39 / Chapter 13 / Section 39-13-507
Prohibited uses of sexual assault forensic evidence
Status: in_force

Sexual assault forensic evidence obtained pursuant to § 39-13-519 may not be used: (1) To prosecute a sexual assault victim for any misdemeanor offense or any offense defined under title 39, chapter 17, part 4; or (2) As a basis to search for further evidence of any unrelated misdemeanor offense or any offense defined under title 39, chapter 17, part 4, that may have been committed by the sexual assault victim. Added by 2021 Tenn. Acts, ch. 362, s 8, eff. 5/11/2021.
Sexual assault forensic evidence obtained pursuant to § 39-13-519 may not be used:
(1) To prosecute a sexual assault victim for any misdemeanor offense or any offense defined under title 39, chapter 17, part 4; or
(2) As a basis to search for further evidence of any unrelated misdemeanor offense or any offense defined under title 39, chapter 17, part 4, that may have been committed by the sexual assault victim.
Added by 2021 Tenn. Acts, ch. 362, s 8, eff. 5/11/2021.
Tenn. Code Ann. § 39-14-102 — TN Code / Title 39 / Chapter 14 / Section 39-14-102
Part definitions
Status: in_force

The following definitions apply in this part, unless the context otherwise requires: (1) "Cable television company" means any franchise or other duly licensed company which is operated or intended to be operated to perform the service of receiving and amplifying the signals broadcast by one (1) or more television stations and redistributing such signals by wire, cable or other device or means for accomplishing such redistribution to members of the public who subscribe to such service, or distributing through such company's antennae, poles, wires, cables, conduits or other property used in providing service to its subscribers and customers any television signals whether broadcast or not; (2) "Credit card" means any real or forged instrument, writing or other evidence, whether known as a credit card, credit plate, charge plate or by any other name, which purports to evidence an understanding to pay for property or services delivered or rendered to or upon the order of a designated person or bearer; (3) "Debit card" means any real or forged instrument, writing or other evidence known by any name issued with or without a fee by an issuer for the use of a depositor in obtaining money, goods, services or anything else of value, payment of which is made against funds previously deposited in an account with the issuer; (4) "Expired" credit or debit card means a card which is no longer valid because the term shown on it has expired; (5) "Issuer" means the business organization or financial institution or its duly authorized agent which issues a credit or debit card; (6) "Library" means any: (A) Public library; (B) Library of educational, historical or eleemosynary institution, organization or society; (C) Archives; or (D) Museum; (7) "Library material" includes any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microfilm, sound recording, audio-visual materials in any format, magnetic or other tapes, electronic data, processing records, artifacts or other documentary, written or printed materials, regardless of physical form or characteristics, belonging to or on loan to or otherwise in the custody of a library; (8) "Microwave multi-point distribution system station" or "MDS" means any franchise or other duly licensed company which is operated or intended to be operated to perform the service of receiving and amplifying the signals broadcast by one (1) or more television stations, and redistributing such signals by microwave transmissions to members of the public who subscribe to such service, or distributing through such company's antennae, conduits, or other property used in providing service to its subscribers and customers any television signals whether broadcast or not; (9) "Receiving" includes, but is not limited to, acquiring possession, control, title or taking a security interest in the property; and (10) "Revoked" credit or debit card means a card which is no longer valid because permission to use it has been suspended or terminated by the issuer. Acts 1989, ch. 591, § 1.
The following definitions apply in this part, unless the context otherwise requires:
(1) "Cable television company" means any franchise or other duly licensed company which is operated or intended to be operated to perform the service of receiving and amplifying the signals broadcast by one (1) or more television stations and redistributing such signals by wire, cable or other device or means for accomplishing such redistribution to members of the public who subscribe to such service, or distributing through such company's antennae, poles, wires, cables, conduits or other property used in providing service to its subscribers and customers any television signals whether broadcast or not;
(2) "Credit card" means any real or forged instrument, writing or other evidence, whether known as a credit card, credit plate, charge plate or by any other name, which purports to evidence an understanding to pay for property or services delivered or rendered to or upon the order of a designated person or bearer;
(3) "Debit card" means any real or forged instrument, writing or other evidence known by any name issued with or without a fee by an issuer for the use of a depositor in obtaining money, goods, services or anything else of value, payment of which is made against funds previously deposited in an account with the issuer;
(4) "Expired" credit or debit card means a card which is no longer valid because the term shown on it has expired;
(5) "Issuer" means the business organization or financial institution or its duly authorized agent which issues a credit or debit card;
(6) "Library" means any: (A) Public library; (B) Library of educational, historical or eleemosynary institution, organization or society; (C) Archives; or (D) Museum;
(A) Public library;
(B) Library of educational, historical or eleemosynary institution, organization or society;
(C) Archives; or
(D) Museum;
(7) "Library material" includes any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microfilm, sound recording, audio-visual materials in any format, magnetic or other tapes, electronic data, processing records, artifacts or other documentary, written or printed materials, regardless of physical form or characteristics, belonging to or on loan to or otherwise in the custody of a library;
(8) "Microwave multi-point distribution system station" or "MDS" means any franchise or other duly licensed company which is operated or intended to be operated to perform the service of receiving and amplifying the signals broadcast by one (1) or more television stations, and redistributing such signals by microwave transmissions to members of the public who subscribe to such service, or distributing through such company's antennae, conduits, or other property used in providing service to its subscribers and customers any television signals whether broadcast or not;
(9) "Receiving" includes, but is not limited to, acquiring possession, control, title or taking a security interest in the property; and
(10) "Revoked" credit or debit card means a card which is no longer valid because permission to use it has been suspended or terminated by the issuer.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-15-212 — TN Code / Title 39 / Chapter 15 / Section 39-15-212
Viability determination
Status: in_force

(a) Except in a medical emergency that prevents compliance with this subsection (a), no physician shall perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman after the beginning of the twentieth week of pregnancy, as measured by gestational age, unless, prior to the performance or inducement of the abortion, or the attempt to perform or induce the abortion, the physician determines, in the physician's good faith medical judgment, that the unborn child is not viable. In making the good faith medical determination, the physician shall perform a medical examination of the pregnant woman and assess gestational age, weight, bi-parietal diameter, and other factors that the physician in the physician's good faith medical judgement would consider in determining whether an unborn child is viable. (b) Except in a medical emergency that prevents compliance with this subsection (b), no physician shall perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman after the beginning of her twentieth week of pregnancy (as measured by gestational age), without first entering the determination made in subsection (a) and the associated findings of the medical examination and assessment described in subsection (a) in the medical record of the pregnant woman. (c) A violation of subsection (a) or (b) is a Class A misdemeanor. (d) The appropriate licensing authority shall suspend, for a period of not less than six (6) months, the medical license of a physician who violates subsection (a) or (b). Added by 2017 Tenn. Acts, ch. 353,s 3, eff. 7/1/2017.
(a) Except in a medical emergency that prevents compliance with this subsection (a), no physician shall perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman after the beginning of the twentieth week of pregnancy, as measured by gestational age, unless, prior to the performance or inducement of the abortion, or the attempt to perform or induce the abortion, the physician determines, in the physician's good faith medical judgment, that the unborn child is not viable. In making the good faith medical determination, the physician shall perform a medical examination of the pregnant woman and assess gestational age, weight, bi-parietal diameter, and other factors that the physician in the physician's good faith medical judgement would consider in determining whether an unborn child is viable.
(b) Except in a medical emergency that prevents compliance with this subsection (b), no physician shall perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman after the beginning of her twentieth week of pregnancy (as measured by gestational age), without first entering the determination made in subsection (a) and the associated findings of the medical examination and assessment described in subsection (a) in the medical record of the pregnant woman.
(c) A violation of subsection (a) or (b) is a Class A misdemeanor.
(d) The appropriate licensing authority shall suspend, for a period of not less than six (6) months, the medical license of a physician who violates subsection (a) or (b).
Added by 2017 Tenn. Acts, ch. 353,s 3, eff. 7/1/2017.
Tenn. Code Ann. § 39-14-402 — TN Code / Title 39 / Chapter 14 / Section 39-14-402
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 545, s 3, eff. 7/1/2021. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 22; 1995, ch. 496, § 1.
Repealed by 2021 Tenn. Acts, ch. 545, s 3, eff. 7/1/2021.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 22; 1995, ch. 496, § 1.
Tenn. Code Ann. § 39-17-1803 — TN Code / Title 39 / Chapter 17 / Section 39-17-1803
Places where smoking is prohibited
Status: in_force

(a) Smoking is prohibited in all enclosed public places within this state, including, but not limited to, the following places: (1) Aquariums, galleries, libraries, and museums; (2) Areas available to and customarily used by the general public in businesses and nonprofit entities patronized by the public, including, but not limited to, banks, laundromats, factories, professional offices, and retail service establishments; (3) Child care and adult day care facilities; (4) Convention facilities; (5) Educational facilities, both public and private, except as provided by § 49-7-135 ; (6) Elevators; (7) Health care facilities; (8) Hotels and motels; (9) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities; (10) Polling places; (11) Public and private transportation facilities, including trains, buses, taxicabs and airports under the authority of state or local governments, and ticket, boarding, and waiting areas of public transit depots; (12) Restaurants; (13) Restrooms, lobbies, reception areas, hallways, and other common-use areas; (14) Retail stores; (15) Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of this state or a political subdivision of the state, to the extent the place is subject to the jurisdiction of the state; (16) Service lines; (17) Shopping malls; (18) Sports arenas, including enclosed public places in outdoor arenas; and (19) Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances. (b) This prohibition on smoking shall be communicated to all existing employees and to all prospective employees upon their application of employment. Amended by 2017 Tenn. Acts, ch. 161,s 2, eff. 4/24/2017. Acts 2007, ch. 410, § 1.
(a) Smoking is prohibited in all enclosed public places within this state, including, but not limited to, the following places: (1) Aquariums, galleries, libraries, and museums; (2) Areas available to and customarily used by the general public in businesses and nonprofit entities patronized by the public, including, but not limited to, banks, laundromats, factories, professional offices, and retail service establishments; (3) Child care and adult day care facilities; (4) Convention facilities; (5) Educational facilities, both public and private, except as provided by § 49-7-135 ; (6) Elevators; (7) Health care facilities; (8) Hotels and motels; (9) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities; (10) Polling places; (11) Public and private transportation facilities, including trains, buses, taxicabs and airports under the authority of state or local governments, and ticket, boarding, and waiting areas of public transit depots; (12) Restaurants; (13) Restrooms, lobbies, reception areas, hallways, and other common-use areas; (14) Retail stores; (15) Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of this state or a political subdivision of the state, to the extent the place is subject to the jurisdiction of the state; (16) Service lines; (17) Shopping malls; (18) Sports arenas, including enclosed public places in outdoor arenas; and (19) Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances.
(1) Aquariums, galleries, libraries, and museums;
(2) Areas available to and customarily used by the general public in businesses and nonprofit entities patronized by the public, including, but not limited to, banks, laundromats, factories, professional offices, and retail service establishments;
(3) Child care and adult day care facilities;
(4) Convention facilities;
(5) Educational facilities, both public and private, except as provided by § 49-7-135 ;
(6) Elevators;
(7) Health care facilities;
(8) Hotels and motels;
(9) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;
(10) Polling places;
(11) Public and private transportation facilities, including trains, buses, taxicabs and airports under the authority of state or local governments, and ticket, boarding, and waiting areas of public transit depots;
(12) Restaurants;
(13) Restrooms, lobbies, reception areas, hallways, and other common-use areas;
(14) Retail stores;
(15) Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of this state or a political subdivision of the state, to the extent the place is subject to the jurisdiction of the state;
(16) Service lines;
(17) Shopping malls;
(18) Sports arenas, including enclosed public places in outdoor arenas; and
(19) Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances.
(b) This prohibition on smoking shall be communicated to all existing employees and to all prospective employees upon their application of employment.
Amended by 2017 Tenn. Acts, ch. 161,s 2, eff. 4/24/2017.
Acts 2007, ch. 410, § 1.
Tenn. Code Ann. § 39-14-803 — TN Code / Title 39 / Chapter 14 / Section 39-14-803
Offenses
Status: in_force

(a) A person commits an offense if, without the consent of the owner, the person acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility with the intent to deprive the owner of the facility, animal, or property and to disrupt the enterprise conducted at the animal facility. (b) A person commits an offense if, without the consent of the owner, the person damages or destroys an animal facility or damages, frees, or destroys any animal or property in or on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility and the damage or loss thereto exceeds five hundred dollars ($500). (c) (1) A person commits an offense if, without the consent of the owner, the person damages or destroys an animal facility or damages, frees, or destroys any animal or property in or on an animal facility and the damage or loss thereto is five hundred dollars ($500) or less, or enters or remains on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility, and the person: (A) Had notice that the entry was forbidden; (B) Knew or should have known that the animal facility was or had closed to the public; or (C) Received notice to depart but failed to do so. (2) For purposes of this subsection (c), "notice" means: (A) Oral or written communication by the owner or someone with actual or apparent authority to act for the owner; (B) The presence of fencing or other type of enclosure or barrier designed to exclude intruders or to contain animals; or (C) A sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden. (d) This part does not apply to, affect, or otherwise prohibit actions taken by the department of agriculture, any other federal, state, or local department or agency, or any official, employee, or agent thereof while in the exercise or performance of any power or duty imposed by law or by rule and regulation; provided, however, that any official, employee, or agent of the department of agriculture, any other state or local department or agency shall not enter private property without probable cause to believe that a criminal offense has occurred or is occurring. This subsection (d) does not limit the ability to enter private property pursuant to the consent of the property owner, a warrant, or a recognized warrant exception. (e) A person commits an offense if, without the consent of the owner, the person acquires or otherwise exercises control over bees or a structure or equipment used to keep, handle, house, exhibit, breed, or offer for sale bees with the intent to deprive the owner of the bees, structure, or equipment. Amended by 2024 Tenn. Acts, ch. 708,s 1, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 704,s 4, eff. 7/1/2024. Acts 1992, ch. 782, §§ 4, 5.
(a) A person commits an offense if, without the consent of the owner, the person acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility with the intent to deprive the owner of the facility, animal, or property and to disrupt the enterprise conducted at the animal facility.
(b) A person commits an offense if, without the consent of the owner, the person damages or destroys an animal facility or damages, frees, or destroys any animal or property in or on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility and the damage or loss thereto exceeds five hundred dollars ($500).
(c) (1) A person commits an offense if, without the consent of the owner, the person damages or destroys an animal facility or damages, frees, or destroys any animal or property in or on an animal facility and the damage or loss thereto is five hundred dollars ($500) or less, or enters or remains on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility, and the person: (A) Had notice that the entry was forbidden; (B) Knew or should have known that the animal facility was or had closed to the public; or (C) Received notice to depart but failed to do so. (2) For purposes of this subsection (c), "notice" means: (A) Oral or written communication by the owner or someone with actual or apparent authority to act for the owner; (B) The presence of fencing or other type of enclosure or barrier designed to exclude intruders or to contain animals; or (C) A sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden.
(1) A person commits an offense if, without the consent of the owner, the person damages or destroys an animal facility or damages, frees, or destroys any animal or property in or on an animal facility and the damage or loss thereto is five hundred dollars ($500) or less, or enters or remains on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility, and the person: (A) Had notice that the entry was forbidden; (B) Knew or should have known that the animal facility was or had closed to the public; or (C) Received notice to depart but failed to do so.
(A) Had notice that the entry was forbidden;
(B) Knew or should have known that the animal facility was or had closed to the public; or
(C) Received notice to depart but failed to do so.
(2) For purposes of this subsection (c), "notice" means: (A) Oral or written communication by the owner or someone with actual or apparent authority to act for the owner; (B) The presence of fencing or other type of enclosure or barrier designed to exclude intruders or to contain animals; or (C) A sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden.
(A) Oral or written communication by the owner or someone with actual or apparent authority to act for the owner;
(B) The presence of fencing or other type of enclosure or barrier designed to exclude intruders or to contain animals; or
(C) A sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden.
(d) This part does not apply to, affect, or otherwise prohibit actions taken by the department of agriculture, any other federal, state, or local department or agency, or any official, employee, or agent thereof while in the exercise or performance of any power or duty imposed by law or by rule and regulation; provided, however, that any official, employee, or agent of the department of agriculture, any other state or local department or agency shall not enter private property without probable cause to believe that a criminal offense has occurred or is occurring. This subsection (d) does not limit the ability to enter private property pursuant to the consent of the property owner, a warrant, or a recognized warrant exception.
(e) A person commits an offense if, without the consent of the owner, the person acquires or otherwise exercises control over bees or a structure or equipment used to keep, handle, house, exhibit, breed, or offer for sale bees with the intent to deprive the owner of the bees, structure, or equipment.
Amended by 2024 Tenn. Acts, ch. 708,s 1, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 704,s 4, eff. 7/1/2024.
Acts 1992, ch. 782, §§ 4, 5.