Tenn. Code Ann. § 39-17-1309 — TN Code / Title 39 / Chapter 17 / Section 39-17-1309
Carrying weapons on school property
Status: in_force

(a) As used in this section, "weapon of like kind" includes razors and razor blades, except those used solely for personal shaving, and any sharp pointed or edged instrument, except unaltered nail files and clips and tools used solely for preparation of food, instruction and maintenance. (b) (1) It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any firearm, explosive, explosive weapon, bowie knife, hawk bill knife, ice pick, dagger, slingshot, leaded cane, switchblade knife, blackjack, knuckles or any other weapon of like kind, not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, operated, or while 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. (2) (A) It is not an offense under this subsection (b) for a nonstudent adult to possess a pocket knife while the adult is on school property for the sole purpose of voting in an election if the pocket knife is concealed on the adult's person and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult. (B) As used in this subdivision (b)(2), "pocket knife" means a knife with one (1) or more blades that fold or collapse into the knife's attached handle and that can be carried inside a person's pocket when collapsed or folded. (3) A violation of this subsection (b) is a Class E felony. (c) (1) (A) It is an offense for any person to possess or carry, whether openly or concealed, any firearm, not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, operated, or while 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. (B) It is not an offense under this subsection (c) for a nonstudent adult to possess a firearm, if the firearm is contained within a private vehicle operated by the adult and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult, while the vehicle is on school property. (2) A violation of this subsection (c) is a Class B misdemeanor. (d) (1) Each chief administrator of a public or private school shall display in prominent locations about the school a sign, at least six inches (6") high and fourteen inches (14") wide, stating: FELONY. STATE LAW PRESCRIBES A MAXIMUM PENALTY OF SIX (6) YEARS IMPRISONMENT AND A FINE NOT TO EXCEED THREE THOUSAND DOLLARS ($3,000) FOR CARRYING WEAPONS ON SCHOOL PROPERTY. (2) As used in this subsection (d), "prominent locations about a school" includes, but is not limited to, sports arenas, gymnasiums, stadiums and cafeterias. (e) Subsections (b) and (c) do not apply to the following persons: (1) 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; (2) Civil officers of the United States in the discharge of their official duties; (3) Officers and soldiers of the militia and the national guard when called into actual service; (4) Officers of the state, or of any county, city or town, charged with the enforcement of the laws of the state, when in the discharge of their official duties; (5) 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; (6) Any private police employed by the administration or board of trustees of any public or private institution of higher education in the discharge of their duties; (7) Any registered security guard/officer who meets the requirements of title 62, chapter 35, and who is discharging the officer's official duties; (8) (A) Persons possessing a handgun, who are authorized to carry the handgun pursuant to § 39-17-1351 , while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway, or other similar public place; (B) Subdivision (e)(8)(A) shall not apply if the enhanced handgun carry permit holder: (i) Possessed a handgun on property described in subdivision (e)(8)(A) that is owned or operated by a board of education, school, college, or university board of trustees, regents, or directors unless the permit holder's possession is otherwise excepted by this subsection (e); or (ii) 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 any similar multi-use field; and (iii) Knew or should have known that: (a) An athletic event or school-related activity described in subdivision (e)(8)(B)(ii) was taking place on the property at the time of the possession; or (b) The property on which the possession occurred was owned or operated by a school entity described in subdivision (e)(8)(B)(ii); or (iv) Failed to take reasonable steps to leave the area of the athletic field or school-related activity or the property after being informed or becoming aware of: (a) Its use for athletic or school-related purposes; or (b) That it was, at the time of the possession, owned or operated by a school entity described in (e)(8)(B)(ii); (9) Persons permitted to carry a handgun on the property of private schools by § 49-50-803 , and persons permitted to carry a handgun on the property of private for-profit or nonprofit institutions of higher education pursuant to § 49-7-161 ; provided, that this subdivision (e)(9) shall apply only: (A) To the school or institution where the person is located, when that school or institution has adopted a handgun carry policy pursuant to § 49-50-803 or § 49-7-161 ; (B) While the person is on the property or grounds covered by the private school or institution's policy; and (C) When the person is otherwise in compliance with the policy adopted by the private school or institution; (10) Persons carrying a handgun pursuant to § 49-6-809 , § 49-6-815 , or § 49-6-816 ; provided, that this subdivision (e)(10) shall apply only within and on the grounds of the school for which the person is authorized; (11) (A) Employees authorized to carry a handgun pursuant to § 39-17-1351 on property owned, operated, or controlled by the public institution of higher education at which the employee is employed; (B) (i) Any authorized employee who elects to carry a handgun pursuant to this subdivision (e)(11) shall provide written notification to the law enforcement agency or agencies with jurisdiction over the property owned, operated, or controlled by the public institution of higher education that employs the employee; (ii) The employee's name and any other information that might identify the employee as a person who has elected to carry a handgun pursuant to this subdivision (e)(11) shall be confidential, not open for public inspection, and shall not be disclosed by any law enforcement agency with which an employee registers; except that the employee's name and other information may be disclosed to an administrative officer of the institution who is responsible for school facility security; provided, however, that the administrative officer is not the employee's immediate supervisor or a supervisor responsible for evaluation of the employee. An administrative officer to whom such information is disclosed shall not disclose the information to another person. Identifying information about the employee collected pursuant to this subdivision (e)(11) shall not be disclosed to any person or entity other than another law enforcement agency and only for law enforcement purposes; and (iii) Law enforcement agencies are authorized to develop and implement: (a) Policies and procedures designed to implement the notification and confidentiality requirements of this subdivision (e)(11)(B); and (b) A voluntary course or courses of special or supplemental firearm training to be offered to the employees electing to carry a handgun pursuant to this subdivision (e)(11). Firearm safety shall be a component of any firearm course; (C) Unless carrying a handgun is a requirement of the employee's job description, the carrying of a handgun pursuant to this subdivision (e)(11) is a personal choice of the employee and not a requirement of the employer. Consequently, an employee who carries a handgun on property owned, operated, or controlled by the public institution of higher education at which the employee is employed is not: (i) Acting in the course of or scope of their employment when carrying or using the handgun; (ii) Entitled to workers' compensation benefits under § 9-8-307(a)(1)(K) for injuries arising from the carrying or use of a handgun; (iii) Immune from personal liability with respect to use or carrying of a handgun under § 9-8-307(h) ; (iv) Permitted to carry a handgun openly, or in any other manner in which the handgun is visible to ordinary observation; or (v) Permitted to carry a handgun at the following times and at the following locations: (a) Stadiums, gymnasiums, and auditoriums when school-sponsored events are in progress; (b) In meetings regarding disciplinary matters; (c) In meetings regarding tenure issues; (d) A hospital, or an office where medical or mental health services are the primary services provided; and (e) Any location where a provision of state or federal law, except the posting provisions of § 39-17-1359 , prohibits the carrying of a handgun on that property; (D) Notwithstanding any other law to the contrary, a public institution of higher education shall be absolutely immune from claims for monetary damages arising solely from or related to an employee's use of, or failure to use, a handgun; provided the employee is employed by the institution against whom the claim is filed and the employee elects to carry the handgun pursuant to this subdivision (e)(11). Nothing in this section shall expand the existing conditions under which sovereign immunity is waived pursuant to § 9-8-307 ; and (E) As used in subdivisions (e)(11)-(13): (i) "Employee" includes: (a) All faculty, staff, and other persons who are employed on a full-time basis by a public institution of higher education; and (b) All faculty, staff, and other persons who: (1) Are retired federal, state, or local law enforcement officers; (2) Served as a federal, state, or local law enforcement officer for at least twenty (20) years prior to retirement; (3) Retired in good standing as certified by the chief law enforcement officer of the organization from which the officer retired; and (4) Are employed on a part-time basis by a public institution of higher education; and (ii) "Employee" does not include a person who is enrolled as a student at a public institution of higher education, regardless of whether the person is also an employee; (12) (A) Any employee of the University of Tennessee institute of agriculture or a college or department of agriculture at a campus in the University of Tennessee system when in the discharge of the employee's official duties and with prior authorization from the chancellor of the University of Tennessee institute of agriculture; or (B) Any employee of the University of Tennessee institute of agriculture or a college or department of agriculture at a campus in the University of Tennessee system, and any member of the employee's household, living in a residence owned, used, or operated by the University of Tennessee, if the employee has prior authorization from the chancellor of the University of Tennessee institute of agriculture and the employee and household members are permitted to possess firearms in their residence under Tennessee and federal law; and (13) (A) Any employee of the university's college or department of agriculture when in the discharge of the employee's official duties and with prior authorization from the president of a university in the board of regents system; (B) Any employee of the university's college or department of agriculture, and any member of the employee's household, living in a residence owned, used, or operated by the university, if the employee has prior authorization from the president of a university in the board of regents system and the employee and household members are permitted to possess firearms in their residence under Tennessee and federal law; or (C) Any employee, with prior authorization of the president of a university in the board of regents system, who is engaged in wildlife biology or ecology research and education for the purpose of capture or collection of specimens. (f) (1) As used in this subsection (f), "non-lethal weapon" means pepper spray, a pepper spray gun, pepper gel, mace, a stun gun, an electronic control device, or other conducted energy device. (2) Notwithstanding subsection (b) or another law to the contrary: (A) Except as provided in subdivisions (f)(2)(B) and (C), a public college or university or other public institution of higher education, shall not prohibit an adult person, including, but not limited to, a staff member, student, employee, and other adult person lawfully present on the property of the college, university, or institution from carrying a non-lethal weapon for purposes of self-defense when in any building or bus, on the campus, grounds, recreation area, athletic field, or any other property owned, operated, or while in use by any college or university board of trustees, regents, or directors for the administration of any public higher educational institution; (B) A public college or university or other public institution of higher education may prohibit the carrying of non-lethal weapons on the grounds of any pre-kindergarten through grade twelve (pre-K-12) school located on its campus; (C) A public college or university or other public institution of higher education may prohibit the carrying of non-lethal weapons in any building where armed security is provided or where such carrying is prohibited by contract. Amended by 2024 Tenn. Acts, ch. 791,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 738,s 3, eff. 4/22/2024. Amended by 2023 Tenn. Acts, ch. 142, s 1, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 149, s 1, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 142, s 1, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 142, s 1, eff. 7/1/2023. Amended by 2019 Tenn. Acts, ch. 479, s 6, eff. 1/1/2020. Amended by 2018 Tenn. Acts, ch. 1008, s 2, eff. 5/21/2018. Amended by 2016 Tenn. Acts, ch. 1061, s 1, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 1049, s 2, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 698, s 3, eff. 4/6/2016. Amended by 2015 Tenn. Acts, ch. 250, Secs.s 3, s 4 eff. 4/24/2015. Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 8; 1991, ch. 510, §§ 1-3; 1996, ch. 1009, § 24.
(a) As used in this section, "weapon of like kind" includes razors and razor blades, except those used solely for personal shaving, and any sharp pointed or edged instrument, except unaltered nail files and clips and tools used solely for preparation of food, instruction and maintenance.
(b) (1) It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any firearm, explosive, explosive weapon, bowie knife, hawk bill knife, ice pick, dagger, slingshot, leaded cane, switchblade knife, blackjack, knuckles or any other weapon of like kind, not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, operated, or while 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. (2) (A) It is not an offense under this subsection (b) for a nonstudent adult to possess a pocket knife while the adult is on school property for the sole purpose of voting in an election if the pocket knife is concealed on the adult's person and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult. (B) As used in this subdivision (b)(2), "pocket knife" means a knife with one (1) or more blades that fold or collapse into the knife's attached handle and that can be carried inside a person's pocket when collapsed or folded. (3) A violation of this subsection (b) is a Class E felony.
(1) It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any firearm, explosive, explosive weapon, bowie knife, hawk bill knife, ice pick, dagger, slingshot, leaded cane, switchblade knife, blackjack, knuckles or any other weapon of like kind, not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, operated, or while 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.
(2) (A) It is not an offense under this subsection (b) for a nonstudent adult to possess a pocket knife while the adult is on school property for the sole purpose of voting in an election if the pocket knife is concealed on the adult's person and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult. (B) As used in this subdivision (b)(2), "pocket knife" means a knife with one (1) or more blades that fold or collapse into the knife's attached handle and that can be carried inside a person's pocket when collapsed or folded.
(A) It is not an offense under this subsection (b) for a nonstudent adult to possess a pocket knife while the adult is on school property for the sole purpose of voting in an election if the pocket knife is concealed on the adult's person and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult.
(B) As used in this subdivision (b)(2), "pocket knife" means a knife with one (1) or more blades that fold or collapse into the knife's attached handle and that can be carried inside a person's pocket when collapsed or folded.
(3) A violation of this subsection (b) is a Class E felony.
(c) (1) (A) It is an offense for any person to possess or carry, whether openly or concealed, any firearm, not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, operated, or while 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. (B) It is not an offense under this subsection (c) for a nonstudent adult to possess a firearm, if the firearm is contained within a private vehicle operated by the adult and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult, while the vehicle is on school property. (2) A violation of this subsection (c) is a Class B misdemeanor.
(1) (A) It is an offense for any person to possess or carry, whether openly or concealed, any firearm, not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, operated, or while 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. (B) It is not an offense under this subsection (c) for a nonstudent adult to possess a firearm, if the firearm is contained within a private vehicle operated by the adult and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult, while the vehicle is on school property.
(A) It is an offense for any person to possess or carry, whether openly or concealed, any firearm, not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, operated, or while 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.
(B) It is not an offense under this subsection (c) for a nonstudent adult to possess a firearm, if the firearm is contained within a private vehicle operated by the adult and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult, while the vehicle is on school property.
(2) A violation of this subsection (c) is a Class B misdemeanor.
(d) (1) Each chief administrator of a public or private school shall display in prominent locations about the school a sign, at least six inches (6") high and fourteen inches (14") wide, stating: FELONY. STATE LAW PRESCRIBES A MAXIMUM PENALTY OF SIX (6) YEARS IMPRISONMENT AND A FINE NOT TO EXCEED THREE THOUSAND DOLLARS ($3,000) FOR CARRYING WEAPONS ON SCHOOL PROPERTY. (2) As used in this subsection (d), "prominent locations about a school" includes, but is not limited to, sports arenas, gymnasiums, stadiums and cafeterias.
(1) Each chief administrator of a public or private school shall display in prominent locations about the school a sign, at least six inches (6") high and fourteen inches (14") wide, stating: FELONY. STATE LAW PRESCRIBES A MAXIMUM PENALTY OF SIX (6) YEARS IMPRISONMENT AND A FINE NOT TO EXCEED THREE THOUSAND DOLLARS ($3,000) FOR CARRYING WEAPONS ON SCHOOL PROPERTY.
FELONY. STATE LAW PRESCRIBES A MAXIMUM PENALTY OF SIX (6) YEARS IMPRISONMENT AND A FINE NOT TO EXCEED THREE THOUSAND DOLLARS ($3,000) FOR CARRYING WEAPONS ON SCHOOL PROPERTY.
(2) As used in this subsection (d), "prominent locations about a school" includes, but is not limited to, sports arenas, gymnasiums, stadiums and cafeterias.
(e) Subsections (b) and (c) do not apply to the following persons: (1) 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; (2) Civil officers of the United States in the discharge of their official duties; (3) Officers and soldiers of the militia and the national guard when called into actual service; (4) Officers of the state, or of any county, city or town, charged with the enforcement of the laws of the state, when in the discharge of their official duties; (5) 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; (6) Any private police employed by the administration or board of trustees of any public or private institution of higher education in the discharge of their duties; (7) Any registered security guard/officer who meets the requirements of title 62, chapter 35, and who is discharging the officer's official duties; (8) (A) Persons possessing a handgun, who are authorized to carry the handgun pursuant to § 39-17-1351 , while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway, or other similar public place; (B) Subdivision (e)(8)(A) shall not apply if the enhanced handgun carry permit holder: (i) Possessed a handgun on property described in subdivision (e)(8)(A) that is owned or operated by a board of education, school, college, or university board of trustees, regents, or directors unless the permit holder's possession is otherwise excepted by this subsection (e); or (ii) 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 any similar multi-use field; and (iii) Knew or should have known that: (a) An athletic event or school-related activity described in subdivision (e)(8)(B)(ii) was taking place on the property at the time of the possession; or (b) The property on which the possession occurred was owned or operated by a school entity described in subdivision (e)(8)(B)(ii); or (iv) Failed to take reasonable steps to leave the area of the athletic field or school-related activity or the property after being informed or becoming aware of: (a) Its use for athletic or school-related purposes; or (b) That it was, at the time of the possession, owned or operated by a school entity described in (e)(8)(B)(ii); (9) Persons permitted to carry a handgun on the property of private schools by § 49-50-803 , and persons permitted to carry a handgun on the property of private for-profit or nonprofit institutions of higher education pursuant to § 49-7-161 ; provided, that this subdivision (e)(9) shall apply only: (A) To the school or institution where the person is located, when that school or institution has adopted a handgun carry policy pursuant to § 49-50-803 or § 49-7-161 ; (B) While the person is on the property or grounds covered by the private school or institution's policy; and (C) When the person is otherwise in compliance with the policy adopted by the private school or institution; (10) Persons carrying a handgun pursuant to § 49-6-809 , § 49-6-815 , or § 49-6-816 ; provided, that this subdivision (e)(10) shall apply only within and on the grounds of the school for which the person is authorized; (11) (A) Employees authorized to carry a handgun pursuant to § 39-17-1351 on property owned, operated, or controlled by the public institution of higher education at which the employee is employed; (B) (i) Any authorized employee who elects to carry a handgun pursuant to this subdivision (e)(11) shall provide written notification to the law enforcement agency or agencies with jurisdiction over the property owned, operated, or controlled by the public institution of higher education that employs the employee; (ii) The employee's name and any other information that might identify the employee as a person who has elected to carry a handgun pursuant to this subdivision (e)(11) shall be confidential, not open for public inspection, and shall not be disclosed by any law enforcement agency with which an employee registers; except that the employee's name and other information may be disclosed to an administrative officer of the institution who is responsible for school facility security; provided, however, that the administrative officer is not the employee's immediate supervisor or a supervisor responsible for evaluation of the employee. An administrative officer to whom such information is disclosed shall not disclose the information to another person. Identifying information about the employee collected pursuant to this subdivision (e)(11) shall not be disclosed to any person or entity other than another law enforcement agency and only for law enforcement purposes; and (iii) Law enforcement agencies are authorized to develop and implement: (a) Policies and procedures designed to implement the notification and confidentiality requirements of this subdivision (e)(11)(B); and (b) A voluntary course or courses of special or supplemental firearm training to be offered to the employees electing to carry a handgun pursuant to this subdivision (e)(11). Firearm safety shall be a component of any firearm course; (C) Unless carrying a handgun is a requirement of the employee's job description, the carrying of a handgun pursuant to this subdivision (e)(11) is a personal choice of the employee and not a requirement of the employer. Consequently, an employee who carries a handgun on property owned, operated, or controlled by the public institution of higher education at which the employee is employed is not: (i) Acting in the course of or scope of their employment when carrying or using the handgun; (ii) Entitled to workers' compensation benefits under § 9-8-307(a)(1)(K) for injuries arising from the carrying or use of a handgun; (iii) Immune from personal liability with respect to use or carrying of a handgun under § 9-8-307(h) ; (iv) Permitted to carry a handgun openly, or in any other manner in which the handgun is visible to ordinary observation; or (v) Permitted to carry a handgun at the following times and at the following locations: (a) Stadiums, gymnasiums, and auditoriums when school-sponsored events are in progress; (b) In meetings regarding disciplinary matters; (c) In meetings regarding tenure issues; (d) A hospital, or an office where medical or mental health services are the primary services provided; and (e) Any location where a provision of state or federal law, except the posting provisions of § 39-17-1359 , prohibits the carrying of a handgun on that property; (D) Notwithstanding any other law to the contrary, a public institution of higher education shall be absolutely immune from claims for monetary damages arising solely from or related to an employee's use of, or failure to use, a handgun; provided the employee is employed by the institution against whom the claim is filed and the employee elects to carry the handgun pursuant to this subdivision (e)(11). Nothing in this section shall expand the existing conditions under which sovereign immunity is waived pursuant to § 9-8-307 ; and (E) As used in subdivisions (e)(11)-(13): (i) "Employee" includes: (a) All faculty, staff, and other persons who are employed on a full-time basis by a public institution of higher education; and (b) All faculty, staff, and other persons who: (1) Are retired federal, state, or local law enforcement officers; (2) Served as a federal, state, or local law enforcement officer for at least twenty (20) years prior to retirement; (3) Retired in good standing as certified by the chief law enforcement officer of the organization from which the officer retired; and (4) Are employed on a part-time basis by a public institution of higher education; and (ii) "Employee" does not include a person who is enrolled as a student at a public institution of higher education, regardless of whether the person is also an employee; (12) (A) Any employee of the University of Tennessee institute of agriculture or a college or department of agriculture at a campus in the University of Tennessee system when in the discharge of the employee's official duties and with prior authorization from the chancellor of the University of Tennessee institute of agriculture; or (B) Any employee of the University of Tennessee institute of agriculture or a college or department of agriculture at a campus in the University of Tennessee system, and any member of the employee's household, living in a residence owned, used, or operated by the University of Tennessee, if the employee has prior authorization from the chancellor of the University of Tennessee institute of agriculture and the employee and household members are permitted to possess firearms in their residence under Tennessee and federal law; and (13) (A) Any employee of the university's college or department of agriculture when in the discharge of the employee's official duties and with prior authorization from the president of a university in the board of regents system; (B) Any employee of the university's college or department of agriculture, and any member of the employee's household, living in a residence owned, used, or operated by the university, if the employee has prior authorization from the president of a university in the board of regents system and the employee and household members are permitted to possess firearms in their residence under Tennessee and federal law; or (C) Any employee, with prior authorization of the president of a university in the board of regents system, who is engaged in wildlife biology or ecology research and education for the purpose of capture or collection of specimens.
(1) 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;
(2) Civil officers of the United States in the discharge of their official duties;
(3) Officers and soldiers of the militia and the national guard when called into actual service;
(4) Officers of the state, or of any county, city or town, charged with the enforcement of the laws of the state, when in the discharge of their official duties;
(5) 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;
(6) Any private police employed by the administration or board of trustees of any public or private institution of higher education in the discharge of their duties;
(7) Any registered security guard/officer who meets the requirements of title 62, chapter 35, and who is discharging the officer's official duties;
(8) (A) Persons possessing a handgun, who are authorized to carry the handgun pursuant to § 39-17-1351 , while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway, or other similar public place; (B) Subdivision (e)(8)(A) shall not apply if the enhanced handgun carry permit holder: (i) Possessed a handgun on property described in subdivision (e)(8)(A) that is owned or operated by a board of education, school, college, or university board of trustees, regents, or directors unless the permit holder's possession is otherwise excepted by this subsection (e); or (ii) 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 any similar multi-use field; and (iii) Knew or should have known that: (a) An athletic event or school-related activity described in subdivision (e)(8)(B)(ii) was taking place on the property at the time of the possession; or (b) The property on which the possession occurred was owned or operated by a school entity described in subdivision (e)(8)(B)(ii); or (iv) Failed to take reasonable steps to leave the area of the athletic field or school-related activity or the property after being informed or becoming aware of: (a) Its use for athletic or school-related purposes; or (b) That it was, at the time of the possession, owned or operated by a school entity described in (e)(8)(B)(ii);
(A) Persons possessing a handgun, who are authorized to carry the handgun pursuant to § 39-17-1351 , while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway, or other similar public place;
(B) Subdivision (e)(8)(A) shall not apply if the enhanced handgun carry permit holder: (i) Possessed a handgun on property described in subdivision (e)(8)(A) that is owned or operated by a board of education, school, college, or university board of trustees, regents, or directors unless the permit holder's possession is otherwise excepted by this subsection (e); or (ii) 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 any similar multi-use field; and (iii) Knew or should have known that: (a) An athletic event or school-related activity described in subdivision (e)(8)(B)(ii) was taking place on the property at the time of the possession; or (b) The property on which the possession occurred was owned or operated by a school entity described in subdivision (e)(8)(B)(ii); or (iv) Failed to take reasonable steps to leave the area of the athletic field or school-related activity or the property after being informed or becoming aware of: (a) Its use for athletic or school-related purposes; or (b) That it was, at the time of the possession, owned or operated by a school entity described in (e)(8)(B)(ii);
(i) Possessed a handgun on property described in subdivision (e)(8)(A) that is owned or operated by a board of education, school, college, or university board of trustees, regents, or directors unless the permit holder's possession is otherwise excepted by this subsection (e); or
(ii) 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 any similar multi-use field; and
(iii) Knew or should have known that: (a) An athletic event or school-related activity described in subdivision (e)(8)(B)(ii) was taking place on the property at the time of the possession; or (b) The property on which the possession occurred was owned or operated by a school entity described in subdivision (e)(8)(B)(ii); or
(a) An athletic event or school-related activity described in subdivision (e)(8)(B)(ii) was taking place on the property at the time of the possession; or
(b) The property on which the possession occurred was owned or operated by a school entity described in subdivision (e)(8)(B)(ii); or
(iv) Failed to take reasonable steps to leave the area of the athletic field or school-related activity or the property after being informed or becoming aware of: (a) Its use for athletic or school-related purposes; or (b) That it was, at the time of the possession, owned or operated by a school entity described in (e)(8)(B)(ii);
(a) Its use for athletic or school-related purposes; or
(b) That it was, at the time of the possession, owned or operated by a school entity described in (e)(8)(B)(ii);
(9) Persons permitted to carry a handgun on the property of private schools by § 49-50-803 , and persons permitted to carry a handgun on the property of private for-profit or nonprofit institutions of higher education pursuant to § 49-7-161 ; provided, that this subdivision (e)(9) shall apply only: (A) To the school or institution where the person is located, when that school or institution has adopted a handgun carry policy pursuant to § 49-50-803 or § 49-7-161 ; (B) While the person is on the property or grounds covered by the private school or institution's policy; and (C) When the person is otherwise in compliance with the policy adopted by the private school or institution;
(A) To the school or institution where the person is located, when that school or institution has adopted a handgun carry policy pursuant to § 49-50-803 or § 49-7-161 ;
(B) While the person is on the property or grounds covered by the private school or institution's policy; and
(C) When the person is otherwise in compliance with the policy adopted by the private school or institution;
(10) Persons carrying a handgun pursuant to § 49-6-809 , § 49-6-815 , or § 49-6-816 ; provided, that this subdivision (e)(10) shall apply only within and on the grounds of the school for which the person is authorized;
(11) (A) Employees authorized to carry a handgun pursuant to § 39-17-1351 on property owned, operated, or controlled by the public institution of higher education at which the employee is employed; (B) (i) Any authorized employee who elects to carry a handgun pursuant to this subdivision (e)(11) shall provide written notification to the law enforcement agency or agencies with jurisdiction over the property owned, operated, or controlled by the public institution of higher education that employs the employee; (ii) The employee's name and any other information that might identify the employee as a person who has elected to carry a handgun pursuant to this subdivision (e)(11) shall be confidential, not open for public inspection, and shall not be disclosed by any law enforcement agency with which an employee registers; except that the employee's name and other information may be disclosed to an administrative officer of the institution who is responsible for school facility security; provided, however, that the administrative officer is not the employee's immediate supervisor or a supervisor responsible for evaluation of the employee. An administrative officer to whom such information is disclosed shall not disclose the information to another person. Identifying information about the employee collected pursuant to this subdivision (e)(11) shall not be disclosed to any person or entity other than another law enforcement agency and only for law enforcement purposes; and (iii) Law enforcement agencies are authorized to develop and implement: (a) Policies and procedures designed to implement the notification and confidentiality requirements of this subdivision (e)(11)(B); and (b) A voluntary course or courses of special or supplemental firearm training to be offered to the employees electing to carry a handgun pursuant to this subdivision (e)(11). Firearm safety shall be a component of any firearm course; (C) Unless carrying a handgun is a requirement of the employee's job description, the carrying of a handgun pursuant to this subdivision (e)(11) is a personal choice of the employee and not a requirement of the employer. Consequently, an employee who carries a handgun on property owned, operated, or controlled by the public institution of higher education at which the employee is employed is not: (i) Acting in the course of or scope of their employment when carrying or using the handgun; (ii) Entitled to workers' compensation benefits under § 9-8-307(a)(1)(K) for injuries arising from the carrying or use of a handgun; (iii) Immune from personal liability with respect to use or carrying of a handgun under § 9-8-307(h) ; (iv) Permitted to carry a handgun openly, or in any other manner in which the handgun is visible to ordinary observation; or (v) Permitted to carry a handgun at the following times and at the following locations: (a) Stadiums, gymnasiums, and auditoriums when school-sponsored events are in progress; (b) In meetings regarding disciplinary matters; (c) In meetings regarding tenure issues; (d) A hospital, or an office where medical or mental health services are the primary services provided; and (e) Any location where a provision of state or federal law, except the posting provisions of § 39-17-1359 , prohibits the carrying of a handgun on that property; (D) Notwithstanding any other law to the contrary, a public institution of higher education shall be absolutely immune from claims for monetary damages arising solely from or related to an employee's use of, or failure to use, a handgun; provided the employee is employed by the institution against whom the claim is filed and the employee elects to carry the handgun pursuant to this subdivision (e)(11). Nothing in this section shall expand the existing conditions under which sovereign immunity is waived pursuant to § 9-8-307 ; and (E) As used in subdivisions (e)(11)-(13): (i) "Employee" includes: (a) All faculty, staff, and other persons who are employed on a full-time basis by a public institution of higher education; and (b) All faculty, staff, and other persons who: (1) Are retired federal, state, or local law enforcement officers; (2) Served as a federal, state, or local law enforcement officer for at least twenty (20) years prior to retirement; (3) Retired in good standing as certified by the chief law enforcement officer of the organization from which the officer retired; and (4) Are employed on a part-time basis by a public institution of higher education; and (ii) "Employee" does not include a person who is enrolled as a student at a public institution of higher education, regardless of whether the person is also an employee;
(A) Employees authorized to carry a handgun pursuant to § 39-17-1351 on property owned, operated, or controlled by the public institution of higher education at which the employee is employed;
(B) (i) Any authorized employee who elects to carry a handgun pursuant to this subdivision (e)(11) shall provide written notification to the law enforcement agency or agencies with jurisdiction over the property owned, operated, or controlled by the public institution of higher education that employs the employee; (ii) The employee's name and any other information that might identify the employee as a person who has elected to carry a handgun pursuant to this subdivision (e)(11) shall be confidential, not open for public inspection, and shall not be disclosed by any law enforcement agency with which an employee registers; except that the employee's name and other information may be disclosed to an administrative officer of the institution who is responsible for school facility security; provided, however, that the administrative officer is not the employee's immediate supervisor or a supervisor responsible for evaluation of the employee. An administrative officer to whom such information is disclosed shall not disclose the information to another person. Identifying information about the employee collected pursuant to this subdivision (e)(11) shall not be disclosed to any person or entity other than another law enforcement agency and only for law enforcement purposes; and (iii) Law enforcement agencies are authorized to develop and implement: (a) Policies and procedures designed to implement the notification and confidentiality requirements of this subdivision (e)(11)(B); and (b) A voluntary course or courses of special or supplemental firearm training to be offered to the employees electing to carry a handgun pursuant to this subdivision (e)(11). Firearm safety shall be a component of any firearm course;
(i) Any authorized employee who elects to carry a handgun pursuant to this subdivision (e)(11) shall provide written notification to the law enforcement agency or agencies with jurisdiction over the property owned, operated, or controlled by the public institution of higher education that employs the employee;
(ii) The employee's name and any other information that might identify the employee as a person who has elected to carry a handgun pursuant to this subdivision (e)(11) shall be confidential, not open for public inspection, and shall not be disclosed by any law enforcement agency with which an employee registers; except that the employee's name and other information may be disclosed to an administrative officer of the institution who is responsible for school facility security; provided, however, that the administrative officer is not the employee's immediate supervisor or a supervisor responsible for evaluation of the employee. An administrative officer to whom such information is disclosed shall not disclose the information to another person. Identifying information about the employee collected pursuant to this subdivision (e)(11) shall not be disclosed to any person or entity other than another law enforcement agency and only for law enforcement purposes; and
(iii) Law enforcement agencies are authorized to develop and implement: (a) Policies and procedures designed to implement the notification and confidentiality requirements of this subdivision (e)(11)(B); and (b) A voluntary course or courses of special or supplemental firearm training to be offered to the employees electing to carry a handgun pursuant to this subdivision (e)(11). Firearm safety shall be a component of any firearm course;
(a) Policies and procedures designed to implement the notification and confidentiality requirements of this subdivision (e)(11)(B); and
(b) A voluntary course or courses of special or supplemental firearm training to be offered to the employees electing to carry a handgun pursuant to this subdivision (e)(11). Firearm safety shall be a component of any firearm course;
(C) Unless carrying a handgun is a requirement of the employee's job description, the carrying of a handgun pursuant to this subdivision (e)(11) is a personal choice of the employee and not a requirement of the employer. Consequently, an employee who carries a handgun on property owned, operated, or controlled by the public institution of higher education at which the employee is employed is not: (i) Acting in the course of or scope of their employment when carrying or using the handgun; (ii) Entitled to workers' compensation benefits under § 9-8-307(a)(1)(K) for injuries arising from the carrying or use of a handgun; (iii) Immune from personal liability with respect to use or carrying of a handgun under § 9-8-307(h) ; (iv) Permitted to carry a handgun openly, or in any other manner in which the handgun is visible to ordinary observation; or (v) Permitted to carry a handgun at the following times and at the following locations: (a) Stadiums, gymnasiums, and auditoriums when school-sponsored events are in progress; (b) In meetings regarding disciplinary matters; (c) In meetings regarding tenure issues; (d) A hospital, or an office where medical or mental health services are the primary services provided; and (e) Any location where a provision of state or federal law, except the posting provisions of § 39-17-1359 , prohibits the carrying of a handgun on that property;
(i) Acting in the course of or scope of their employment when carrying or using the handgun;
(ii) Entitled to workers' compensation benefits under § 9-8-307(a)(1)(K) for injuries arising from the carrying or use of a handgun;
(iii) Immune from personal liability with respect to use or carrying of a handgun under § 9-8-307(h) ;
(iv) Permitted to carry a handgun openly, or in any other manner in which the handgun is visible to ordinary observation; or
(v) Permitted to carry a handgun at the following times and at the following locations: (a) Stadiums, gymnasiums, and auditoriums when school-sponsored events are in progress; (b) In meetings regarding disciplinary matters; (c) In meetings regarding tenure issues; (d) A hospital, or an office where medical or mental health services are the primary services provided; and (e) Any location where a provision of state or federal law, except the posting provisions of § 39-17-1359 , prohibits the carrying of a handgun on that property;
(a) Stadiums, gymnasiums, and auditoriums when school-sponsored events are in progress;
(b) In meetings regarding disciplinary matters;
(c) In meetings regarding tenure issues;
(d) A hospital, or an office where medical or mental health services are the primary services provided; and
(e) Any location where a provision of state or federal law, except the posting provisions of § 39-17-1359 , prohibits the carrying of a handgun on that property;
(D) Notwithstanding any other law to the contrary, a public institution of higher education shall be absolutely immune from claims for monetary damages arising solely from or related to an employee's use of, or failure to use, a handgun; provided the employee is employed by the institution against whom the claim is filed and the employee elects to carry the handgun pursuant to this subdivision (e)(11). Nothing in this section shall expand the existing conditions under which sovereign immunity is waived pursuant to § 9-8-307 ; and
(E) As used in subdivisions (e)(11)-(13): (i) "Employee" includes: (a) All faculty, staff, and other persons who are employed on a full-time basis by a public institution of higher education; and (b) All faculty, staff, and other persons who: (1) Are retired federal, state, or local law enforcement officers; (2) Served as a federal, state, or local law enforcement officer for at least twenty (20) years prior to retirement; (3) Retired in good standing as certified by the chief law enforcement officer of the organization from which the officer retired; and (4) Are employed on a part-time basis by a public institution of higher education; and (ii) "Employee" does not include a person who is enrolled as a student at a public institution of higher education, regardless of whether the person is also an employee;
(i) "Employee" includes: (a) All faculty, staff, and other persons who are employed on a full-time basis by a public institution of higher education; and (b) All faculty, staff, and other persons who: (1) Are retired federal, state, or local law enforcement officers; (2) Served as a federal, state, or local law enforcement officer for at least twenty (20) years prior to retirement; (3) Retired in good standing as certified by the chief law enforcement officer of the organization from which the officer retired; and (4) Are employed on a part-time basis by a public institution of higher education; and
(a) All faculty, staff, and other persons who are employed on a full-time basis by a public institution of higher education; and
(b) All faculty, staff, and other persons who: (1) Are retired federal, state, or local law enforcement officers; (2) Served as a federal, state, or local law enforcement officer for at least twenty (20) years prior to retirement; (3) Retired in good standing as certified by the chief law enforcement officer of the organization from which the officer retired; and (4) Are employed on a part-time basis by a public institution of higher education; and
(1) Are retired federal, state, or local law enforcement officers;
(2) Served as a federal, state, or local law enforcement officer for at least twenty (20) years prior to retirement;
(3) Retired in good standing as certified by the chief law enforcement officer of the organization from which the officer retired; and
(4) Are employed on a part-time basis by a public institution of higher education; and
(ii) "Employee" does not include a person who is enrolled as a student at a public institution of higher education, regardless of whether the person is also an employee;
(12) (A) Any employee of the University of Tennessee institute of agriculture or a college or department of agriculture at a campus in the University of Tennessee system when in the discharge of the employee's official duties and with prior authorization from the chancellor of the University of Tennessee institute of agriculture; or (B) Any employee of the University of Tennessee institute of agriculture or a college or department of agriculture at a campus in the University of Tennessee system, and any member of the employee's household, living in a residence owned, used, or operated by the University of Tennessee, if the employee has prior authorization from the chancellor of the University of Tennessee institute of agriculture and the employee and household members are permitted to possess firearms in their residence under Tennessee and federal law; and
(A) Any employee of the University of Tennessee institute of agriculture or a college or department of agriculture at a campus in the University of Tennessee system when in the discharge of the employee's official duties and with prior authorization from the chancellor of the University of Tennessee institute of agriculture; or
(B) Any employee of the University of Tennessee institute of agriculture or a college or department of agriculture at a campus in the University of Tennessee system, and any member of the employee's household, living in a residence owned, used, or operated by the University of Tennessee, if the employee has prior authorization from the chancellor of the University of Tennessee institute of agriculture and the employee and household members are permitted to possess firearms in their residence under Tennessee and federal law; and
(13) (A) Any employee of the university's college or department of agriculture when in the discharge of the employee's official duties and with prior authorization from the president of a university in the board of regents system; (B) Any employee of the university's college or department of agriculture, and any member of the employee's household, living in a residence owned, used, or operated by the university, if the employee has prior authorization from the president of a university in the board of regents system and the employee and household members are permitted to possess firearms in their residence under Tennessee and federal law; or (C) Any employee, with prior authorization of the president of a university in the board of regents system, who is engaged in wildlife biology or ecology research and education for the purpose of capture or collection of specimens.
(A) Any employee of the university's college or department of agriculture when in the discharge of the employee's official duties and with prior authorization from the president of a university in the board of regents system;
(B) Any employee of the university's college or department of agriculture, and any member of the employee's household, living in a residence owned, used, or operated by the university, if the employee has prior authorization from the president of a university in the board of regents system and the employee and household members are permitted to possess firearms in their residence under Tennessee and federal law; or
(C) Any employee, with prior authorization of the president of a university in the board of regents system, who is engaged in wildlife biology or ecology research and education for the purpose of capture or collection of specimens.
(f) (1) As used in this subsection (f), "non-lethal weapon" means pepper spray, a pepper spray gun, pepper gel, mace, a stun gun, an electronic control device, or other conducted energy device. (2) Notwithstanding subsection (b) or another law to the contrary: (A) Except as provided in subdivisions (f)(2)(B) and (C), a public college or university or other public institution of higher education, shall not prohibit an adult person, including, but not limited to, a staff member, student, employee, and other adult person lawfully present on the property of the college, university, or institution from carrying a non-lethal weapon for purposes of self-defense when in any building or bus, on the campus, grounds, recreation area, athletic field, or any other property owned, operated, or while in use by any college or university board of trustees, regents, or directors for the administration of any public higher educational institution; (B) A public college or university or other public institution of higher education may prohibit the carrying of non-lethal weapons on the grounds of any pre-kindergarten through grade twelve (pre-K-12) school located on its campus; (C) A public college or university or other public institution of higher education may prohibit the carrying of non-lethal weapons in any building where armed security is provided or where such carrying is prohibited by contract.
(1) As used in this subsection (f), "non-lethal weapon" means pepper spray, a pepper spray gun, pepper gel, mace, a stun gun, an electronic control device, or other conducted energy device.
(2) Notwithstanding subsection (b) or another law to the contrary: (A) Except as provided in subdivisions (f)(2)(B) and (C), a public college or university or other public institution of higher education, shall not prohibit an adult person, including, but not limited to, a staff member, student, employee, and other adult person lawfully present on the property of the college, university, or institution from carrying a non-lethal weapon for purposes of self-defense when in any building or bus, on the campus, grounds, recreation area, athletic field, or any other property owned, operated, or while in use by any college or university board of trustees, regents, or directors for the administration of any public higher educational institution; (B) A public college or university or other public institution of higher education may prohibit the carrying of non-lethal weapons on the grounds of any pre-kindergarten through grade twelve (pre-K-12) school located on its campus; (C) A public college or university or other public institution of higher education may prohibit the carrying of non-lethal weapons in any building where armed security is provided or where such carrying is prohibited by contract.
(A) Except as provided in subdivisions (f)(2)(B) and (C), a public college or university or other public institution of higher education, shall not prohibit an adult person, including, but not limited to, a staff member, student, employee, and other adult person lawfully present on the property of the college, university, or institution from carrying a non-lethal weapon for purposes of self-defense when in any building or bus, on the campus, grounds, recreation area, athletic field, or any other property owned, operated, or while in use by any college or university board of trustees, regents, or directors for the administration of any public higher educational institution;
(B) A public college or university or other public institution of higher education may prohibit the carrying of non-lethal weapons on the grounds of any pre-kindergarten through grade twelve (pre-K-12) school located on its campus;
(C) A public college or university or other public institution of higher education may prohibit the carrying of non-lethal weapons in any building where armed security is provided or where such carrying is prohibited by contract.
Amended by 2024 Tenn. Acts, ch. 791,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 738,s 3, eff. 4/22/2024.
Amended by 2023 Tenn. Acts, ch. 142, s 1, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 149, s 1, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 142, s 1, eff. 7/1/2023.
Amended by 2019 Tenn. Acts, ch. 479, s 6, eff. 1/1/2020.
Amended by 2018 Tenn. Acts, ch. 1008, s 2, eff. 5/21/2018.
Amended by 2016 Tenn. Acts, ch. 1061, s 1, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 1049, s 2, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 698, s 3, eff. 4/6/2016.
Amended by 2015 Tenn. Acts, ch. 250, Secs.s 3, s 4 eff. 4/24/2015.
Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 8; 1991, ch. 510, §§ 1-3; 1996, ch. 1009, § 24.
Tenn. Code Ann. § 39-14-148 — TN Code / Title 39 / Chapter 14 / Section 39-14-148
False statement in obtaining surety bond - Penalty
Status: in_force

Any person who makes a false statement or representation of a material fact knowing it to be false or knowingly fails to disclose a material fact, in order to obtain a surety bond, either for that person or for any other person, commits a Class A misdemeanor. Each such false statement or representation or failure to disclose a material fact constitutes a separate offense. Acts 1994, ch. 874, § 1.
Any person who makes a false statement or representation of a material fact knowing it to be false or knowingly fails to disclose a material fact, in order to obtain a surety bond, either for that person or for any other person, commits a Class A misdemeanor. Each such false statement or representation or failure to disclose a material fact constitutes a separate offense.
Acts 1994, ch. 874, § 1.
Tenn. Code Ann. § 39-11-712 — TN Code / Title 39 / Chapter 11 / Section 39-11-712
Sale of forfeited property
Status: in_force

(a) Whenever a judgment of forfeiture is rendered under this part, the court may authorize the attorney general to sell the property at public auction, subject to the orders and approval of the court. The court, in lieu of such sale, may order that the property be sold by any person having an interest in the real property whose interest has not been forfeited. The proceeds of the sale shall be subject to the orders of the court. (b) (1) If the court orders a property interest in property owned as tenants in common forfeited under this section to be sold, whether by a public official or by a person having an interest in the property as in subsection (a), the innocent spouse of a person whose property interest has been forfeited shall have the same right to the property interest as granted an innocent spouse in subdivision (b)(2) or (b)(3). If there is no spouse or if the spouse does not elect to pursue the rights provided in subdivision (b)(2) or (b)(3), then any other person or persons whose interest in the property has not been forfeited shall have the first right to purchase the forfeited interest for its fair market value prior to the court ordered sale. In order to exercise the first right to purchase, the person or persons must petition the appropriate circuit or criminal court at least thirty (30) days prior to the date the court ordered sale is to be conducted. If the person or persons do not purchase the forfeited property, the sale shall be conducted as provided by law. For the purposes of this subdivision (b)(1), "fair market value" is determined by taking an average of three (3) appraisals conducted by separate and qualified real estate appraisers selected by the court. Before any such purchase, the court shall approve the average of the appraisals for fair market value as reasonable. (2) (A) Notwithstanding subdivision (b)(1) to the contrary, if a court orders property forfeited under this section pursuant to subsection (a) and the property is held through tenancy by the entirety and one spouse's interest is not forfeited, then that spouse shall have the first right to purchase the forfeited expectancy interest in the property. (B) A spouse purchasing the forfeited property interest in the manner specified in subdivision (b)(2)(A) shall take the property subject to all bona fide liens on the property. In order to exercise the right of purchase, the spouse shall petition the court that ordered the forfeiture for the purchase at fair market value at least fifteen (15) days prior to the court ordered sale. (C) If the spouse does not purchase the forfeited expectancy interest, the spouse shall retain that spouse's interest as a tenant in common subject to all bona fide liens, and the forfeited expectancy interest shall be sold at public auction and the proceeds disbursed as provided for in § 39-11-713 . (D) If a party possessing a security interest in property being held by an innocent spouse institutes proceedings pursuant to its deed of trust or otherwise that results in the foreclosure and sale of the property, the innocent spouse shall be entitled to receive from the first proceeds of the sale an amount equal to an elective share as provided in § 31-4-101 , subject to bona fide outstanding liens not satisfied by the remainder of the proceeds. (E) If the innocent spouse predeceases the defendant spouse, if there are children of the innocent and guilty spouses, at least one (1) of whom is eighteen (18) years of age or younger on the date of the sale, and if the entity holding the right of expectancy is the state, then upon the sale of the property, one third (1/3) of the proceeds from the sale shall be allocated and divided equally among all the children, subject to all outstanding bona fide liens not satisfied by the remainder of the proceeds. (3) (A) Notwithstanding subdivision (b)(1) to the contrary, if the property subject to forfeiture under this section is property titled solely in the name of a guilty spouse or titled in the name of the guilty spouse as tenants in common with any other person or persons, the innocent spouse may petition the court, at least thirty (30) days prior to the court ordered forfeiture sale, to have the court vest the ownership of the property in the couple as tenants by the entirety; and the innocent spouse shall have the same rights as provided in subdivision (b)(2). If the petition is timely filed, it shall be granted. (B) The filing of the petition shall act as a stay of any court ordered sale of the property and the stay shall remain in effect until disposition is made of the petition. (C) If the innocent spouse does not petition the court to vest the property ownership in the couple as tenants by the entirety, then the property shall be forfeited and disposed of as provided by this section. Acts 1998, ch. 979, § 12; 2009 , ch. 432, § 4.
(a) Whenever a judgment of forfeiture is rendered under this part, the court may authorize the attorney general to sell the property at public auction, subject to the orders and approval of the court. The court, in lieu of such sale, may order that the property be sold by any person having an interest in the real property whose interest has not been forfeited. The proceeds of the sale shall be subject to the orders of the court.
(b) (1) If the court orders a property interest in property owned as tenants in common forfeited under this section to be sold, whether by a public official or by a person having an interest in the property as in subsection (a), the innocent spouse of a person whose property interest has been forfeited shall have the same right to the property interest as granted an innocent spouse in subdivision (b)(2) or (b)(3). If there is no spouse or if the spouse does not elect to pursue the rights provided in subdivision (b)(2) or (b)(3), then any other person or persons whose interest in the property has not been forfeited shall have the first right to purchase the forfeited interest for its fair market value prior to the court ordered sale. In order to exercise the first right to purchase, the person or persons must petition the appropriate circuit or criminal court at least thirty (30) days prior to the date the court ordered sale is to be conducted. If the person or persons do not purchase the forfeited property, the sale shall be conducted as provided by law. For the purposes of this subdivision (b)(1), "fair market value" is determined by taking an average of three (3) appraisals conducted by separate and qualified real estate appraisers selected by the court. Before any such purchase, the court shall approve the average of the appraisals for fair market value as reasonable. (2) (A) Notwithstanding subdivision (b)(1) to the contrary, if a court orders property forfeited under this section pursuant to subsection (a) and the property is held through tenancy by the entirety and one spouse's interest is not forfeited, then that spouse shall have the first right to purchase the forfeited expectancy interest in the property. (B) A spouse purchasing the forfeited property interest in the manner specified in subdivision (b)(2)(A) shall take the property subject to all bona fide liens on the property. In order to exercise the right of purchase, the spouse shall petition the court that ordered the forfeiture for the purchase at fair market value at least fifteen (15) days prior to the court ordered sale. (C) If the spouse does not purchase the forfeited expectancy interest, the spouse shall retain that spouse's interest as a tenant in common subject to all bona fide liens, and the forfeited expectancy interest shall be sold at public auction and the proceeds disbursed as provided for in § 39-11-713 . (D) If a party possessing a security interest in property being held by an innocent spouse institutes proceedings pursuant to its deed of trust or otherwise that results in the foreclosure and sale of the property, the innocent spouse shall be entitled to receive from the first proceeds of the sale an amount equal to an elective share as provided in § 31-4-101 , subject to bona fide outstanding liens not satisfied by the remainder of the proceeds. (E) If the innocent spouse predeceases the defendant spouse, if there are children of the innocent and guilty spouses, at least one (1) of whom is eighteen (18) years of age or younger on the date of the sale, and if the entity holding the right of expectancy is the state, then upon the sale of the property, one third (1/3) of the proceeds from the sale shall be allocated and divided equally among all the children, subject to all outstanding bona fide liens not satisfied by the remainder of the proceeds. (3) (A) Notwithstanding subdivision (b)(1) to the contrary, if the property subject to forfeiture under this section is property titled solely in the name of a guilty spouse or titled in the name of the guilty spouse as tenants in common with any other person or persons, the innocent spouse may petition the court, at least thirty (30) days prior to the court ordered forfeiture sale, to have the court vest the ownership of the property in the couple as tenants by the entirety; and the innocent spouse shall have the same rights as provided in subdivision (b)(2). If the petition is timely filed, it shall be granted. (B) The filing of the petition shall act as a stay of any court ordered sale of the property and the stay shall remain in effect until disposition is made of the petition. (C) If the innocent spouse does not petition the court to vest the property ownership in the couple as tenants by the entirety, then the property shall be forfeited and disposed of as provided by this section.
(1) If the court orders a property interest in property owned as tenants in common forfeited under this section to be sold, whether by a public official or by a person having an interest in the property as in subsection (a), the innocent spouse of a person whose property interest has been forfeited shall have the same right to the property interest as granted an innocent spouse in subdivision (b)(2) or (b)(3). If there is no spouse or if the spouse does not elect to pursue the rights provided in subdivision (b)(2) or (b)(3), then any other person or persons whose interest in the property has not been forfeited shall have the first right to purchase the forfeited interest for its fair market value prior to the court ordered sale. In order to exercise the first right to purchase, the person or persons must petition the appropriate circuit or criminal court at least thirty (30) days prior to the date the court ordered sale is to be conducted. If the person or persons do not purchase the forfeited property, the sale shall be conducted as provided by law. For the purposes of this subdivision (b)(1), "fair market value" is determined by taking an average of three (3) appraisals conducted by separate and qualified real estate appraisers selected by the court. Before any such purchase, the court shall approve the average of the appraisals for fair market value as reasonable.
(2) (A) Notwithstanding subdivision (b)(1) to the contrary, if a court orders property forfeited under this section pursuant to subsection (a) and the property is held through tenancy by the entirety and one spouse's interest is not forfeited, then that spouse shall have the first right to purchase the forfeited expectancy interest in the property. (B) A spouse purchasing the forfeited property interest in the manner specified in subdivision (b)(2)(A) shall take the property subject to all bona fide liens on the property. In order to exercise the right of purchase, the spouse shall petition the court that ordered the forfeiture for the purchase at fair market value at least fifteen (15) days prior to the court ordered sale. (C) If the spouse does not purchase the forfeited expectancy interest, the spouse shall retain that spouse's interest as a tenant in common subject to all bona fide liens, and the forfeited expectancy interest shall be sold at public auction and the proceeds disbursed as provided for in § 39-11-713 . (D) If a party possessing a security interest in property being held by an innocent spouse institutes proceedings pursuant to its deed of trust or otherwise that results in the foreclosure and sale of the property, the innocent spouse shall be entitled to receive from the first proceeds of the sale an amount equal to an elective share as provided in § 31-4-101 , subject to bona fide outstanding liens not satisfied by the remainder of the proceeds. (E) If the innocent spouse predeceases the defendant spouse, if there are children of the innocent and guilty spouses, at least one (1) of whom is eighteen (18) years of age or younger on the date of the sale, and if the entity holding the right of expectancy is the state, then upon the sale of the property, one third (1/3) of the proceeds from the sale shall be allocated and divided equally among all the children, subject to all outstanding bona fide liens not satisfied by the remainder of the proceeds.
(A) Notwithstanding subdivision (b)(1) to the contrary, if a court orders property forfeited under this section pursuant to subsection (a) and the property is held through tenancy by the entirety and one spouse's interest is not forfeited, then that spouse shall have the first right to purchase the forfeited expectancy interest in the property.
(B) A spouse purchasing the forfeited property interest in the manner specified in subdivision (b)(2)(A) shall take the property subject to all bona fide liens on the property. In order to exercise the right of purchase, the spouse shall petition the court that ordered the forfeiture for the purchase at fair market value at least fifteen (15) days prior to the court ordered sale.
(C) If the spouse does not purchase the forfeited expectancy interest, the spouse shall retain that spouse's interest as a tenant in common subject to all bona fide liens, and the forfeited expectancy interest shall be sold at public auction and the proceeds disbursed as provided for in § 39-11-713 .
(D) If a party possessing a security interest in property being held by an innocent spouse institutes proceedings pursuant to its deed of trust or otherwise that results in the foreclosure and sale of the property, the innocent spouse shall be entitled to receive from the first proceeds of the sale an amount equal to an elective share as provided in § 31-4-101 , subject to bona fide outstanding liens not satisfied by the remainder of the proceeds.
(E) If the innocent spouse predeceases the defendant spouse, if there are children of the innocent and guilty spouses, at least one (1) of whom is eighteen (18) years of age or younger on the date of the sale, and if the entity holding the right of expectancy is the state, then upon the sale of the property, one third (1/3) of the proceeds from the sale shall be allocated and divided equally among all the children, subject to all outstanding bona fide liens not satisfied by the remainder of the proceeds.
(3) (A) Notwithstanding subdivision (b)(1) to the contrary, if the property subject to forfeiture under this section is property titled solely in the name of a guilty spouse or titled in the name of the guilty spouse as tenants in common with any other person or persons, the innocent spouse may petition the court, at least thirty (30) days prior to the court ordered forfeiture sale, to have the court vest the ownership of the property in the couple as tenants by the entirety; and the innocent spouse shall have the same rights as provided in subdivision (b)(2). If the petition is timely filed, it shall be granted. (B) The filing of the petition shall act as a stay of any court ordered sale of the property and the stay shall remain in effect until disposition is made of the petition. (C) If the innocent spouse does not petition the court to vest the property ownership in the couple as tenants by the entirety, then the property shall be forfeited and disposed of as provided by this section.
(A) Notwithstanding subdivision (b)(1) to the contrary, if the property subject to forfeiture under this section is property titled solely in the name of a guilty spouse or titled in the name of the guilty spouse as tenants in common with any other person or persons, the innocent spouse may petition the court, at least thirty (30) days prior to the court ordered forfeiture sale, to have the court vest the ownership of the property in the couple as tenants by the entirety; and the innocent spouse shall have the same rights as provided in subdivision (b)(2). If the petition is timely filed, it shall be granted.
(B) The filing of the petition shall act as a stay of any court ordered sale of the property and the stay shall remain in effect until disposition is made of the petition.
(C) If the innocent spouse does not petition the court to vest the property ownership in the couple as tenants by the entirety, then the property shall be forfeited and disposed of as provided by this section.
Acts 1998, ch. 979, § 12; 2009 , ch. 432, § 4.
Tenn. Code Ann. § 39-13-503 — TN Code / Title 39 / Chapter 13 / Section 39-13-503
Rape
Status: in_force

(a) Rape is unlawful sexual penetration of a victim by the defendant or of the defendant by a victim accompanied by any of the following circumstances: (1) Force or coercion is used to accomplish the act; (2) The sexual penetration is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the penetration that the victim did not consent; (3) The defendant knows or has reason to know that the victim is: (A) Mentally defective; (B) Mentally incapacitated; (C) Physically helpless; or (D) A vulnerable adult, as defined in § 39-15-501 , with an intellectual disability; or (4) The sexual penetration is accomplished by fraud. (b) (1) (A) Except as provided in subdivision (b)(1)(B), rape is a Class B felony. (B) If the victim of the offense is at least thirteen (13) years of age but less than eighteen (18) years of age, rape is a Class B felony and, notwithstanding title 40, chapter 35, the defendant shall be punished as a Range II offender; however, the sentence imposed upon the defendant may, if appropriate, be within Range III but in no case shall it be lower than Range II. (2) Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case shall it be lower than Range II. Amended by 2023 Tenn. Acts, ch. 283, s 1, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 155, s 3, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 500, s 4, eff. 10/1/2021. Acts 1989, ch. 591, § 1; 1995, ch. 484, § 1; 1997 , ch. 406, § 1; 2005, ch. 353, § 11.
(a) Rape is unlawful sexual penetration of a victim by the defendant or of the defendant by a victim accompanied by any of the following circumstances: (1) Force or coercion is used to accomplish the act; (2) The sexual penetration is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the penetration that the victim did not consent; (3) The defendant knows or has reason to know that the victim is: (A) Mentally defective; (B) Mentally incapacitated; (C) Physically helpless; or (D) A vulnerable adult, as defined in § 39-15-501 , with an intellectual disability; or (4) The sexual penetration is accomplished by fraud.
(1) Force or coercion is used to accomplish the act;
(2) The sexual penetration is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the penetration that the victim did not consent;
(3) The defendant knows or has reason to know that the victim is: (A) Mentally defective; (B) Mentally incapacitated; (C) Physically helpless; or (D) A vulnerable adult, as defined in § 39-15-501 , with an intellectual disability; or
(A) Mentally defective;
(B) Mentally incapacitated;
(C) Physically helpless; or
(D) A vulnerable adult, as defined in § 39-15-501 , with an intellectual disability; or
(4) The sexual penetration is accomplished by fraud.
(b) (1) (A) Except as provided in subdivision (b)(1)(B), rape is a Class B felony. (B) If the victim of the offense is at least thirteen (13) years of age but less than eighteen (18) years of age, rape is a Class B felony and, notwithstanding title 40, chapter 35, the defendant shall be punished as a Range II offender; however, the sentence imposed upon the defendant may, if appropriate, be within Range III but in no case shall it be lower than Range II. (2) Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case shall it be lower than Range II.
(1) (A) Except as provided in subdivision (b)(1)(B), rape is a Class B felony. (B) If the victim of the offense is at least thirteen (13) years of age but less than eighteen (18) years of age, rape is a Class B felony and, notwithstanding title 40, chapter 35, the defendant shall be punished as a Range II offender; however, the sentence imposed upon the defendant may, if appropriate, be within Range III but in no case shall it be lower than Range II.
(A) Except as provided in subdivision (b)(1)(B), rape is a Class B felony.
(B) If the victim of the offense is at least thirteen (13) years of age but less than eighteen (18) years of age, rape is a Class B felony and, notwithstanding title 40, chapter 35, the defendant shall be punished as a Range II offender; however, the sentence imposed upon the defendant may, if appropriate, be within Range III but in no case shall it be lower than Range II.
(2) Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case shall it be lower than Range II.
Amended by 2023 Tenn. Acts, ch. 283, s 1, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 155, s 3, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 500, s 4, eff. 10/1/2021.
Acts 1989, ch. 591, § 1; 1995, ch. 484, § 1; 1997 , ch. 406, § 1; 2005, ch. 353, § 11.
Tenn. Code Ann. § 39-11-403 — TN Code / Title 39 / Chapter 11 / Section 39-11-403
Criminal responsibility for facilitation of felony
Status: in_force

(a) A person is criminally responsible for the facilitation of a felony, if, knowing that another intends to commit a specific felony, but without the intent required for criminal responsibility under § 39-11-402(2) , the person knowingly furnishes substantial assistance in the commission of the felony. (b) The facilitation of the commission of a felony is an offense of the class next below the felony facilitated by the person so charged. Acts 1989, ch. 591, § 1.
(a) A person is criminally responsible for the facilitation of a felony, if, knowing that another intends to commit a specific felony, but without the intent required for criminal responsibility under § 39-11-402(2) , the person knowingly furnishes substantial assistance in the commission of the felony.
(b) The facilitation of the commission of a felony is an offense of the class next below the felony facilitated by the person so charged.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-15-410 — TN Code / Title 39 / Chapter 15 / Section 39-15-410
Identification containing proof of age
Status: in_force

(a) A person contemplating the dissemination of smoking paraphernalia to an individual whom the person believes or has reason to believe may be a minor shall demand identification containing proof of age from the individual. Failure to do so is a Class C misdemeanor. (b) A minor who presents identification pursuant to subsection (a) other than the minor's own, or that does not contain the individual's correct age or date of birth, is subject to juvenile court proceedings; provided, that a violation of this subsection (b) by a minor who is eighteen (18) years of age or older is a Class C misdemeanor and such minor is subject to the jurisdiction of the appropriate general sessions court. Amended by 2020 Tenn. Acts, ch. 732, s 24, eff. 1/1/2021. Acts 1989, ch. 591, § 1; 1994, ch. 872, § 11.
(a) A person contemplating the dissemination of smoking paraphernalia to an individual whom the person believes or has reason to believe may be a minor shall demand identification containing proof of age from the individual. Failure to do so is a Class C misdemeanor.
(b) A minor who presents identification pursuant to subsection (a) other than the minor's own, or that does not contain the individual's correct age or date of birth, is subject to juvenile court proceedings; provided, that a violation of this subsection (b) by a minor who is eighteen (18) years of age or older is a Class C misdemeanor and such minor is subject to the jurisdiction of the appropriate general sessions court.
Amended by 2020 Tenn. Acts, ch. 732, s 24, eff. 1/1/2021.
Acts 1989, ch. 591, § 1; 1994, ch. 872, § 11.
Tenn. Code Ann. § 39-14-207 — TN Code / Title 39 / Chapter 14 / Section 39-14-207
Feeding of impounded animals - Care provided by humane society - Recovery of expenses
Status: in_force

(a) (1) In case any impounded animal is without necessary food and water for more than twelve (12) successive hours, it is lawful for any person, as often as necessary, to enter any place in which any animal is so confined, and to supply it with necessary food and water so long as it remains so confined. Prior to entering, the person must notify the appropriate local law enforcement agency of the person's intent to enter and the circumstances justifying the entry. That person shall not be liable to any action for entry, and the reasonable cost of the food and water may be collected from the owner or keeper of the animal. The animal shall not be exempt from levy and sale upon execution issued upon a judgment therefor. (2) Notwithstanding subdivision (a)(1), an official, employee, or agent of the department of agriculture or 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 subdivision (a)(2) does not limit the ability to enter private property pursuant to the consent of the property owner, a warrant, or a recognized warrant exception. (b) In case any animal is injured, diseased, suffering from the elements, or malnourished, and is found at large by any agent of any humane society chartered by the state, the agent may cause adequate veterinary treatment or shelter or nourishment to be furnished to the animal. The society shall have a right of action against the owner of the animal for all necessary and reasonable expenses so incurred. Within forty-eight (48) hours after taking custody of the animal, the society shall make reasonable efforts to notify the owner of the animal's whereabouts and condition. Nothing in this subsection (b) shall affect the right of action of the veterinarian or furnisher of goods or services against the person or persons with whom the veterinarian or furnisher of goods or services contracted for payment of charges. Any such right of action by a humane society may be voided by an owner who elects to forfeit the animal to the society rather than pay for the goods or services rendered. Amended by 2024 Tenn. Acts, ch. 704,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 704,s 1, eff. 7/1/2024. Acts 1989, ch. 591, § 1.
(a) (1) In case any impounded animal is without necessary food and water for more than twelve (12) successive hours, it is lawful for any person, as often as necessary, to enter any place in which any animal is so confined, and to supply it with necessary food and water so long as it remains so confined. Prior to entering, the person must notify the appropriate local law enforcement agency of the person's intent to enter and the circumstances justifying the entry. That person shall not be liable to any action for entry, and the reasonable cost of the food and water may be collected from the owner or keeper of the animal. The animal shall not be exempt from levy and sale upon execution issued upon a judgment therefor. (2) Notwithstanding subdivision (a)(1), an official, employee, or agent of the department of agriculture or 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 subdivision (a)(2) does not limit the ability to enter private property pursuant to the consent of the property owner, a warrant, or a recognized warrant exception.
(1) In case any impounded animal is without necessary food and water for more than twelve (12) successive hours, it is lawful for any person, as often as necessary, to enter any place in which any animal is so confined, and to supply it with necessary food and water so long as it remains so confined. Prior to entering, the person must notify the appropriate local law enforcement agency of the person's intent to enter and the circumstances justifying the entry. That person shall not be liable to any action for entry, and the reasonable cost of the food and water may be collected from the owner or keeper of the animal. The animal shall not be exempt from levy and sale upon execution issued upon a judgment therefor.
(2) Notwithstanding subdivision (a)(1), an official, employee, or agent of the department of agriculture or 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 subdivision (a)(2) does not limit the ability to enter private property pursuant to the consent of the property owner, a warrant, or a recognized warrant exception.
(b) In case any animal is injured, diseased, suffering from the elements, or malnourished, and is found at large by any agent of any humane society chartered by the state, the agent may cause adequate veterinary treatment or shelter or nourishment to be furnished to the animal. The society shall have a right of action against the owner of the animal for all necessary and reasonable expenses so incurred. Within forty-eight (48) hours after taking custody of the animal, the society shall make reasonable efforts to notify the owner of the animal's whereabouts and condition. Nothing in this subsection (b) shall affect the right of action of the veterinarian or furnisher of goods or services against the person or persons with whom the veterinarian or furnisher of goods or services contracted for payment of charges. Any such right of action by a humane society may be voided by an owner who elects to forfeit the animal to the society rather than pay for the goods or services rendered.
Amended by 2024 Tenn. Acts, ch. 704,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 704,s 1, eff. 7/1/2024.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-16-501 — TN Code / Title 39 / Chapter 16 / Section 39-16-501
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Public servant" means a person elected, selected, employed or otherwise designated as one (1) of the following, even if the person has not yet qualified for office or assumed the duties: (A) An officer, employee, or agent of government; (B) A juror or grand juror; (C) An arbitrator or other person who is authorized by law or private written contract to hear or determine a controversy; (D) An attorney or notary public performing a governmental function; (E) A candidate for nomination or election to public office; or (F) A nominee, member, representative, or other holder of a position on a board, commission, or public body of the state or a political subdivision thereof; and (2) "Statement" means any representation of fact. Amended by 2022 Tenn. Acts, ch. 1142, s 1, eff. 7/1/2022. Acts 1989, ch. 591, § 1.
As used in this part, unless the context otherwise requires:
(1) "Public servant" means a person elected, selected, employed or otherwise designated as one (1) of the following, even if the person has not yet qualified for office or assumed the duties: (A) An officer, employee, or agent of government; (B) A juror or grand juror; (C) An arbitrator or other person who is authorized by law or private written contract to hear or determine a controversy; (D) An attorney or notary public performing a governmental function; (E) A candidate for nomination or election to public office; or (F) A nominee, member, representative, or other holder of a position on a board, commission, or public body of the state or a political subdivision thereof; and
(A) An officer, employee, or agent of government;
(B) A juror or grand juror;
(C) An arbitrator or other person who is authorized by law or private written contract to hear or determine a controversy;
(D) An attorney or notary public performing a governmental function;
(E) A candidate for nomination or election to public office; or
(F) A nominee, member, representative, or other holder of a position on a board, commission, or public body of the state or a political subdivision thereof; and
(2) "Statement" means any representation of fact.
Amended by 2022 Tenn. Acts, ch. 1142, s 1, eff. 7/1/2022.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-14-210 — TN Code / Title 39 / Chapter 14 / Section 39-14-210
Societies for prevention of cruelty to animals - Power of governmental agencies working with victimized animals
Status: in_force

(a) The agents of any society which is incorporated for the prevention of cruelty to animals, upon being appointed thereto by the president of such a society in any county, may, within that county, make arrests, and bring before any court thereof offenders found violating this part with regard to non-livestock animals. (b) Any officers, agents, or members of such society may lawfully interfere to prevent the perpetration of any act of cruelty upon any animal in that person's presence. Any person who interferes with or obstructs any officer, agent, or member in the discharge of this duty commits a Class C misdemeanor. (c) Any agent or officer of a society may lawfully destroy, or cause to be destroyed, any animal found abandoned or otherwise: (1) Which is not properly cared for, appearing, in the judgment of two (2) reputable citizens, who are experts, called to view the same in the agent's or officer's presence, to be glandered, injured or diseased past humane recovery; or (2) After a holding period of not less than seventy-two (72) hours and after having made a reasonable effort to locate and notify the owners, for the purpose of animal population control. If the animal bears any notification information on an identification tag or collar, or on a chip, if the agent or officer of the society has the use of a chip reader, the reasonable effort to locate and notify the animal's owners must be made within forty-eight (48) hours of the time that the society takes custody of the animal or, if the animal is taken into custody on a Friday, within two (2) business days of the date that the society takes custody of the animal. (d) All fines, penalties and forfeitures imposed and collected in any county, under provisions relating to or in any way affecting animals, shall inure to the society in aid of the purpose for which it was incorporated, and no injunction shall be granted against the society or attorney or its officers or agents, except upon motion, after due notice and hearing. (e) Any humane society chartered by the state, into whose custody shall lawfully come any animal, shall have a lien on that animal for the reasonable value of the goods and services necessarily rendered by, or at the instance of, the society to that animal. (f) Upon seizure by law enforcement, custody of any animal victimized under this part shall be placed with any governmental animal control agency, law enforcement agency, or their designee. The governmental animal control agency, law enforcement agency, or their designee shall assist the animal and preserve evidence for prosecution. (g) (1) (A) Any governmental animal control agency, law enforcement agency, or their designee into whose custody any animal victimized under this part is placed, may petition the court requesting that the person from whom the animal is seized, or the owner of the seized animal, be ordered to post security. (B) The security shall be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the governmental animal control agency, law enforcement agency, or their designee in caring and providing for the animal pending disposition of the criminal charges. (C) Reasonable expenses include, but are not necessarily limited to, the estimated costs of veterinary care and treatment for the animal as well as the estimated costs of boarding and otherwise caring for the animal. (D) The amount of security shall be determined by the court after taking into consideration all of the facts and circumstances of the case. If the posting of security is ordered pursuant to this subsection (g), then the governmental animal control agency, law enforcement agency, or their designee may draw from the security the actual costs incurred in caring and providing for the seized animal pending disposition of criminal charges. (2) If the person from whom the animal is seized is the owner of the animal and the person has not posted the security ordered pursuant to subdivision (g)(1) within ten (10) business days following the issuance of a security order, the animal shall be deemed to have been abandoned and shall be forfeited to the governmental animal control agency, law enforcement agency, or their designee for disposition in accordance with reasonable practices for the humane treatment of animals. However, if the person from whom the animal was seized is not the owner of the animal and the person has not posted the court-ordered security within fifteen (15) days, the court shall order the governmental animal control agency, law enforcement agency, or their designee to make all reasonable efforts to determine who the owner of the animal is and to notify the owner of the pending proceeding. (3) No animal shall be deemed to have been abandoned and forfeited to the governmental animal control agency, law enforcement agency, or their designee until reasonable attempts to determine and notify the owner have been made. If the owner of the animal cannot be located after reasonable efforts or the owner is located and notified but does not post, within ten (10) business days, the court-ordered security plus the costs reasonably incurred by the governmental animal control agency, law enforcement agency, or their designee for housing and caring for the animal since its seizure, the animal shall be deemed to have been abandoned and shall be forfeited to the governmental animal control agency, law enforcement agency, or their designee for disposition in accordance with reasonable practices for the humane treatment of animals. (4) Nothing in this subsection (g) shall be construed to prevent the voluntary, permanent relinquishment of any animal by its owner to a governmental animal control agency, law enforcement agency, or their designee in lieu of posting security. The voluntary relinquishment has no effect on the outcome of the criminal charges. (h) Prior to making an arrest pursuant to subsection (a) or interfering pursuant to subsection (b), an officer, agent, or member of a society which is incorporated for the prevention of cruelty to animals must notify the appropriate local law enforcement agency of the person's intent to make an arrest or interfere to prevent an act of cruelty and the circumstances justifying the action. Amended by 2024 Tenn. Acts, ch. 704,s 3, eff. 7/1/2024. Amended by 2017 Tenn. Acts, ch. 206, s 1, eff. 4/27/2017. Amended by 2013 Tenn. Acts, ch. 157, s 1, eff. 7/1/2013. Acts 1989, ch. 591, § 1; 1997 , ch. 90, § 1; 2004, ch. 920, § 2; 2007 , ch. 128, §§ 1, 2.
(a) The agents of any society which is incorporated for the prevention of cruelty to animals, upon being appointed thereto by the president of such a society in any county, may, within that county, make arrests, and bring before any court thereof offenders found violating this part with regard to non-livestock animals.
(b) Any officers, agents, or members of such society may lawfully interfere to prevent the perpetration of any act of cruelty upon any animal in that person's presence. Any person who interferes with or obstructs any officer, agent, or member in the discharge of this duty commits a Class C misdemeanor.
(c) Any agent or officer of a society may lawfully destroy, or cause to be destroyed, any animal found abandoned or otherwise: (1) Which is not properly cared for, appearing, in the judgment of two (2) reputable citizens, who are experts, called to view the same in the agent's or officer's presence, to be glandered, injured or diseased past humane recovery; or (2) After a holding period of not less than seventy-two (72) hours and after having made a reasonable effort to locate and notify the owners, for the purpose of animal population control. If the animal bears any notification information on an identification tag or collar, or on a chip, if the agent or officer of the society has the use of a chip reader, the reasonable effort to locate and notify the animal's owners must be made within forty-eight (48) hours of the time that the society takes custody of the animal or, if the animal is taken into custody on a Friday, within two (2) business days of the date that the society takes custody of the animal.
(1) Which is not properly cared for, appearing, in the judgment of two (2) reputable citizens, who are experts, called to view the same in the agent's or officer's presence, to be glandered, injured or diseased past humane recovery; or
(2) After a holding period of not less than seventy-two (72) hours and after having made a reasonable effort to locate and notify the owners, for the purpose of animal population control. If the animal bears any notification information on an identification tag or collar, or on a chip, if the agent or officer of the society has the use of a chip reader, the reasonable effort to locate and notify the animal's owners must be made within forty-eight (48) hours of the time that the society takes custody of the animal or, if the animal is taken into custody on a Friday, within two (2) business days of the date that the society takes custody of the animal.
(d) All fines, penalties and forfeitures imposed and collected in any county, under provisions relating to or in any way affecting animals, shall inure to the society in aid of the purpose for which it was incorporated, and no injunction shall be granted against the society or attorney or its officers or agents, except upon motion, after due notice and hearing.
(e) Any humane society chartered by the state, into whose custody shall lawfully come any animal, shall have a lien on that animal for the reasonable value of the goods and services necessarily rendered by, or at the instance of, the society to that animal.
(f) Upon seizure by law enforcement, custody of any animal victimized under this part shall be placed with any governmental animal control agency, law enforcement agency, or their designee. The governmental animal control agency, law enforcement agency, or their designee shall assist the animal and preserve evidence for prosecution.
(g) (1) (A) Any governmental animal control agency, law enforcement agency, or their designee into whose custody any animal victimized under this part is placed, may petition the court requesting that the person from whom the animal is seized, or the owner of the seized animal, be ordered to post security. (B) The security shall be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the governmental animal control agency, law enforcement agency, or their designee in caring and providing for the animal pending disposition of the criminal charges. (C) Reasonable expenses include, but are not necessarily limited to, the estimated costs of veterinary care and treatment for the animal as well as the estimated costs of boarding and otherwise caring for the animal. (D) The amount of security shall be determined by the court after taking into consideration all of the facts and circumstances of the case. If the posting of security is ordered pursuant to this subsection (g), then the governmental animal control agency, law enforcement agency, or their designee may draw from the security the actual costs incurred in caring and providing for the seized animal pending disposition of criminal charges. (2) If the person from whom the animal is seized is the owner of the animal and the person has not posted the security ordered pursuant to subdivision (g)(1) within ten (10) business days following the issuance of a security order, the animal shall be deemed to have been abandoned and shall be forfeited to the governmental animal control agency, law enforcement agency, or their designee for disposition in accordance with reasonable practices for the humane treatment of animals. However, if the person from whom the animal was seized is not the owner of the animal and the person has not posted the court-ordered security within fifteen (15) days, the court shall order the governmental animal control agency, law enforcement agency, or their designee to make all reasonable efforts to determine who the owner of the animal is and to notify the owner of the pending proceeding. (3) No animal shall be deemed to have been abandoned and forfeited to the governmental animal control agency, law enforcement agency, or their designee until reasonable attempts to determine and notify the owner have been made. If the owner of the animal cannot be located after reasonable efforts or the owner is located and notified but does not post, within ten (10) business days, the court-ordered security plus the costs reasonably incurred by the governmental animal control agency, law enforcement agency, or their designee for housing and caring for the animal since its seizure, the animal shall be deemed to have been abandoned and shall be forfeited to the governmental animal control agency, law enforcement agency, or their designee for disposition in accordance with reasonable practices for the humane treatment of animals. (4) Nothing in this subsection (g) shall be construed to prevent the voluntary, permanent relinquishment of any animal by its owner to a governmental animal control agency, law enforcement agency, or their designee in lieu of posting security. The voluntary relinquishment has no effect on the outcome of the criminal charges.
(1) (A) Any governmental animal control agency, law enforcement agency, or their designee into whose custody any animal victimized under this part is placed, may petition the court requesting that the person from whom the animal is seized, or the owner of the seized animal, be ordered to post security. (B) The security shall be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the governmental animal control agency, law enforcement agency, or their designee in caring and providing for the animal pending disposition of the criminal charges. (C) Reasonable expenses include, but are not necessarily limited to, the estimated costs of veterinary care and treatment for the animal as well as the estimated costs of boarding and otherwise caring for the animal. (D) The amount of security shall be determined by the court after taking into consideration all of the facts and circumstances of the case. If the posting of security is ordered pursuant to this subsection (g), then the governmental animal control agency, law enforcement agency, or their designee may draw from the security the actual costs incurred in caring and providing for the seized animal pending disposition of criminal charges.
(A) Any governmental animal control agency, law enforcement agency, or their designee into whose custody any animal victimized under this part is placed, may petition the court requesting that the person from whom the animal is seized, or the owner of the seized animal, be ordered to post security.
(B) The security shall be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the governmental animal control agency, law enforcement agency, or their designee in caring and providing for the animal pending disposition of the criminal charges.
(C) Reasonable expenses include, but are not necessarily limited to, the estimated costs of veterinary care and treatment for the animal as well as the estimated costs of boarding and otherwise caring for the animal.
(D) The amount of security shall be determined by the court after taking into consideration all of the facts and circumstances of the case. If the posting of security is ordered pursuant to this subsection (g), then the governmental animal control agency, law enforcement agency, or their designee may draw from the security the actual costs incurred in caring and providing for the seized animal pending disposition of criminal charges.
(2) If the person from whom the animal is seized is the owner of the animal and the person has not posted the security ordered pursuant to subdivision (g)(1) within ten (10) business days following the issuance of a security order, the animal shall be deemed to have been abandoned and shall be forfeited to the governmental animal control agency, law enforcement agency, or their designee for disposition in accordance with reasonable practices for the humane treatment of animals. However, if the person from whom the animal was seized is not the owner of the animal and the person has not posted the court-ordered security within fifteen (15) days, the court shall order the governmental animal control agency, law enforcement agency, or their designee to make all reasonable efforts to determine who the owner of the animal is and to notify the owner of the pending proceeding.
(3) No animal shall be deemed to have been abandoned and forfeited to the governmental animal control agency, law enforcement agency, or their designee until reasonable attempts to determine and notify the owner have been made. If the owner of the animal cannot be located after reasonable efforts or the owner is located and notified but does not post, within ten (10) business days, the court-ordered security plus the costs reasonably incurred by the governmental animal control agency, law enforcement agency, or their designee for housing and caring for the animal since its seizure, the animal shall be deemed to have been abandoned and shall be forfeited to the governmental animal control agency, law enforcement agency, or their designee for disposition in accordance with reasonable practices for the humane treatment of animals.
(4) Nothing in this subsection (g) shall be construed to prevent the voluntary, permanent relinquishment of any animal by its owner to a governmental animal control agency, law enforcement agency, or their designee in lieu of posting security. The voluntary relinquishment has no effect on the outcome of the criminal charges.
(h) Prior to making an arrest pursuant to subsection (a) or interfering pursuant to subsection (b), an officer, agent, or member of a society which is incorporated for the prevention of cruelty to animals must notify the appropriate local law enforcement agency of the person's intent to make an arrest or interfere to prevent an act of cruelty and the circumstances justifying the action.
Amended by 2024 Tenn. Acts, ch. 704,s 3, eff. 7/1/2024.
Amended by 2017 Tenn. Acts, ch. 206, s 1, eff. 4/27/2017.
Amended by 2013 Tenn. Acts, ch. 157, s 1, eff. 7/1/2013.
Acts 1989, ch. 591, § 1; 1997 , ch. 90, § 1; 2004, ch. 920, § 2; 2007 , ch. 128, §§ 1, 2.
Tenn. Code Ann. § 39-15-414 — TN Code / Title 39 / Chapter 15 / Section 39-15-414
Offense of harboring or hiding a runaway child
Status: in_force

(a) A person commits an offense who, with knowledge that a child is a runaway, as defined in § 37-1-102(b)(32)(D) , harbors or hides the child and: (1) Fails to notify the child's legal custodian, legal guardian, or law enforcement authorities of the whereabouts of the child within a reasonable amount of time; provided, that no length of time in excess of twenty-four (24) hours shall be considered reasonable; (2) Conceals the whereabouts of the child; or (3) Aides the child in escaping from the custody of the child's legal custodian, legal guardian or law enforcement authorities. (b) A violation of this section is a Class A misdemeanor. Acts 2010, ch. 1099, § 1.
(a) A person commits an offense who, with knowledge that a child is a runaway, as defined in § 37-1-102(b)(32)(D) , harbors or hides the child and: (1) Fails to notify the child's legal custodian, legal guardian, or law enforcement authorities of the whereabouts of the child within a reasonable amount of time; provided, that no length of time in excess of twenty-four (24) hours shall be considered reasonable; (2) Conceals the whereabouts of the child; or (3) Aides the child in escaping from the custody of the child's legal custodian, legal guardian or law enforcement authorities.
(1) Fails to notify the child's legal custodian, legal guardian, or law enforcement authorities of the whereabouts of the child within a reasonable amount of time; provided, that no length of time in excess of twenty-four (24) hours shall be considered reasonable;
(2) Conceals the whereabouts of the child; or
(3) Aides the child in escaping from the custody of the child's legal custodian, legal guardian or law enforcement authorities.
(b) A violation of this section is a Class A misdemeanor.
Acts 2010, ch. 1099, § 1.
Tenn. Code Ann. § 39-13-704 — TN Code / Title 39 / Chapter 13 / Section 39-13-704
Sex offender treatment board - Creation - Membership - Term - Duties - Immunity from liability
Status: in_force

(a) There is created, in the department of correction, a sex offender treatment board, which shall consist of twelve (12) members. The membership of the board shall consist of the following persons: (1) One (1) member representing the judicial branch, appointed by the chief justice of the supreme court; (2) Two (2) members representing the department of correction, appointed by the commissioner of correction; (3) One (1) member representing the Tennessee bureau of investigation, appointed by the director; (4) One (1) member representing the department of children's services, appointed by the commissioner of children's services; (5) One (1) member, appointed by the commissioner of correction, who is a licensed mental health professional with recognizable expertise in the treatment of sex offenders; (6) One (1) member, appointed by the commissioner of correction, who is a district attorney general; (7) [Deleted by 2021 amendment.] (8) One (1) member, appointed by the commissioner of correction, who is a public defender; (9) One (1) member, appointed by the commissioner of correction, who is a representative of law enforcement; (10) Two (2) members, appointed by the commissioner of correction who are recognized experts in the field of sex abuse, and who can represent sex abuse victims and victims' rights organizations; and (11) One (1) member, appointed by the presiding officer of the sex offender treatment board, who is a representative of the board of parole. (b) The commissioner of correction shall appoint a presiding officer for the board from among the board members appointed pursuant to subsection (a). The presiding officer shall serve as such at the pleasure of the commissioner. (c) (1) Any member of the board who is appointed pursuant to subdivisions (a)(1)-(4) shall serve at the pleasure of the official who appointed that member, for a term that shall not exceed four (4) years. Those members shall serve without additional compensation. (2) Any member of the board created in subsection (a) who is appointed pursuant to subdivisions (a)(5)-(10) shall serve for a term of four (4) years. Those members shall serve without compensation. (d) The board shall carry out the following duties: (1) The board shall develop and prescribe a standardized procedure for the evaluation and identification of sex offenders. The procedure shall provide for an evaluation and identification of the offender and recommend behavior management monitoring and treatment based upon the knowledge that sex offenders are extremely habituated and that there is no known cure for the propensity to commit sex abuse. The board shall develop and implement measures of success based upon a no-cure policy for intervention. The board shall develop and implement methods of intervention for sex offenders that have as a priority the physical and psychological safety of victims and potential victims and that are appropriate to the needs of the particular offender; provided, that there is no reduction of the safety of victims and potential victims; (2) The board shall develop guidelines and standards for a system of programs for the treatment of sex offenders that can be utilized by offenders who are placed on probation, incarcerated with the department of correction, placed on parole, or placed in community corrections. The programs developed shall be as flexible as possible, so that such programs may be utilized by each offender to prevent the offender from harming victims and potential victims. The programs shall be structured in a manner that the programs provide a continuing monitoring process, as well as a continuum of treatment programs for each offender as that offender proceeds through the criminal justice system, and may include, but shall not be limited to, polygraph examinations by therapists and probation and parole officers, group counseling, individual counseling, outpatient treatment, inpatient treatment, or treatment in a therapeutic community. The programs shall be developed in a manner that, to the extent possible, the programs may be accessed by all offenders in the criminal justice system. The procedures for evaluation, identification, treatment, and continued monitoring required to be developed shall be implemented only to the extent that funds are available in the sex offender treatment fund created in § 39-13-708 ; (3) The board shall develop a plan for the allocation of moneys deposited in the sex offender treatment fund created pursuant to § 39-13-708 , among the judicial branch, the department of correction, and the department of children's services. In addition, the board shall coordinate the expenditure of funds from the sex offender treatment fund with any funds expended by any of the departments listed in this subdivision (d)(3) for the identification, evaluation, and treatment of sex offenders; (4) The board shall research and analyze the effectiveness of the evaluation, identification, and treatment procedures and programs developed pursuant to this part. The board shall also develop and prescribe a system for tracking offenders who have been subjected to evaluation, identification, and treatment pursuant to this part. In addition, the board shall develop a system for monitoring offender behaviors and offender adherence to prescribed behavioral changes. The results of the tracking and behavioral monitoring shall be a part of any analysis made pursuant to this subdivision (d)(4); and (5) The board shall compile and make available on the board's website a list of approved sex offender evaluation providers and a list of approved sex offender treatment providers that the board deems fit, based upon the provider's specific training, experience, and professional licensure, to fulfill the objectives set forth in this section. (e) The board and the individual members of the board shall be immune from any liability, whether civil or criminal, for the good faith performance of the duties of the board. Amended by 2021 Tenn. Acts, ch. 409, s 16, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 204, s 1, eff. 4/22/2021. Acts 1995, ch. 353, § 5; 1996, ch. 968, §§ 2-4; 1996, ch. 1079, § 123; 1998, ch. 1049, § 13.
(a) There is created, in the department of correction, a sex offender treatment board, which shall consist of twelve (12) members. The membership of the board shall consist of the following persons: (1) One (1) member representing the judicial branch, appointed by the chief justice of the supreme court; (2) Two (2) members representing the department of correction, appointed by the commissioner of correction; (3) One (1) member representing the Tennessee bureau of investigation, appointed by the director; (4) One (1) member representing the department of children's services, appointed by the commissioner of children's services; (5) One (1) member, appointed by the commissioner of correction, who is a licensed mental health professional with recognizable expertise in the treatment of sex offenders; (6) One (1) member, appointed by the commissioner of correction, who is a district attorney general; (7) [Deleted by 2021 amendment.] (8) One (1) member, appointed by the commissioner of correction, who is a public defender; (9) One (1) member, appointed by the commissioner of correction, who is a representative of law enforcement; (10) Two (2) members, appointed by the commissioner of correction who are recognized experts in the field of sex abuse, and who can represent sex abuse victims and victims' rights organizations; and (11) One (1) member, appointed by the presiding officer of the sex offender treatment board, who is a representative of the board of parole.
(1) One (1) member representing the judicial branch, appointed by the chief justice of the supreme court;
(2) Two (2) members representing the department of correction, appointed by the commissioner of correction;
(3) One (1) member representing the Tennessee bureau of investigation, appointed by the director;
(4) One (1) member representing the department of children's services, appointed by the commissioner of children's services;
(5) One (1) member, appointed by the commissioner of correction, who is a licensed mental health professional with recognizable expertise in the treatment of sex offenders;
(6) One (1) member, appointed by the commissioner of correction, who is a district attorney general;
(7) [Deleted by 2021 amendment.]
(8) One (1) member, appointed by the commissioner of correction, who is a public defender;
(9) One (1) member, appointed by the commissioner of correction, who is a representative of law enforcement;
(10) Two (2) members, appointed by the commissioner of correction who are recognized experts in the field of sex abuse, and who can represent sex abuse victims and victims' rights organizations; and
(11) One (1) member, appointed by the presiding officer of the sex offender treatment board, who is a representative of the board of parole.
(b) The commissioner of correction shall appoint a presiding officer for the board from among the board members appointed pursuant to subsection (a). The presiding officer shall serve as such at the pleasure of the commissioner.
(c) (1) Any member of the board who is appointed pursuant to subdivisions (a)(1)-(4) shall serve at the pleasure of the official who appointed that member, for a term that shall not exceed four (4) years. Those members shall serve without additional compensation. (2) Any member of the board created in subsection (a) who is appointed pursuant to subdivisions (a)(5)-(10) shall serve for a term of four (4) years. Those members shall serve without compensation.
(1) Any member of the board who is appointed pursuant to subdivisions (a)(1)-(4) shall serve at the pleasure of the official who appointed that member, for a term that shall not exceed four (4) years. Those members shall serve without additional compensation.
(2) Any member of the board created in subsection (a) who is appointed pursuant to subdivisions (a)(5)-(10) shall serve for a term of four (4) years. Those members shall serve without compensation.
(d) The board shall carry out the following duties: (1) The board shall develop and prescribe a standardized procedure for the evaluation and identification of sex offenders. The procedure shall provide for an evaluation and identification of the offender and recommend behavior management monitoring and treatment based upon the knowledge that sex offenders are extremely habituated and that there is no known cure for the propensity to commit sex abuse. The board shall develop and implement measures of success based upon a no-cure policy for intervention. The board shall develop and implement methods of intervention for sex offenders that have as a priority the physical and psychological safety of victims and potential victims and that are appropriate to the needs of the particular offender; provided, that there is no reduction of the safety of victims and potential victims; (2) The board shall develop guidelines and standards for a system of programs for the treatment of sex offenders that can be utilized by offenders who are placed on probation, incarcerated with the department of correction, placed on parole, or placed in community corrections. The programs developed shall be as flexible as possible, so that such programs may be utilized by each offender to prevent the offender from harming victims and potential victims. The programs shall be structured in a manner that the programs provide a continuing monitoring process, as well as a continuum of treatment programs for each offender as that offender proceeds through the criminal justice system, and may include, but shall not be limited to, polygraph examinations by therapists and probation and parole officers, group counseling, individual counseling, outpatient treatment, inpatient treatment, or treatment in a therapeutic community. The programs shall be developed in a manner that, to the extent possible, the programs may be accessed by all offenders in the criminal justice system. The procedures for evaluation, identification, treatment, and continued monitoring required to be developed shall be implemented only to the extent that funds are available in the sex offender treatment fund created in § 39-13-708 ; (3) The board shall develop a plan for the allocation of moneys deposited in the sex offender treatment fund created pursuant to § 39-13-708 , among the judicial branch, the department of correction, and the department of children's services. In addition, the board shall coordinate the expenditure of funds from the sex offender treatment fund with any funds expended by any of the departments listed in this subdivision (d)(3) for the identification, evaluation, and treatment of sex offenders; (4) The board shall research and analyze the effectiveness of the evaluation, identification, and treatment procedures and programs developed pursuant to this part. The board shall also develop and prescribe a system for tracking offenders who have been subjected to evaluation, identification, and treatment pursuant to this part. In addition, the board shall develop a system for monitoring offender behaviors and offender adherence to prescribed behavioral changes. The results of the tracking and behavioral monitoring shall be a part of any analysis made pursuant to this subdivision (d)(4); and (5) The board shall compile and make available on the board's website a list of approved sex offender evaluation providers and a list of approved sex offender treatment providers that the board deems fit, based upon the provider's specific training, experience, and professional licensure, to fulfill the objectives set forth in this section.
(1) The board shall develop and prescribe a standardized procedure for the evaluation and identification of sex offenders. The procedure shall provide for an evaluation and identification of the offender and recommend behavior management monitoring and treatment based upon the knowledge that sex offenders are extremely habituated and that there is no known cure for the propensity to commit sex abuse. The board shall develop and implement measures of success based upon a no-cure policy for intervention. The board shall develop and implement methods of intervention for sex offenders that have as a priority the physical and psychological safety of victims and potential victims and that are appropriate to the needs of the particular offender; provided, that there is no reduction of the safety of victims and potential victims;
(2) The board shall develop guidelines and standards for a system of programs for the treatment of sex offenders that can be utilized by offenders who are placed on probation, incarcerated with the department of correction, placed on parole, or placed in community corrections. The programs developed shall be as flexible as possible, so that such programs may be utilized by each offender to prevent the offender from harming victims and potential victims. The programs shall be structured in a manner that the programs provide a continuing monitoring process, as well as a continuum of treatment programs for each offender as that offender proceeds through the criminal justice system, and may include, but shall not be limited to, polygraph examinations by therapists and probation and parole officers, group counseling, individual counseling, outpatient treatment, inpatient treatment, or treatment in a therapeutic community. The programs shall be developed in a manner that, to the extent possible, the programs may be accessed by all offenders in the criminal justice system. The procedures for evaluation, identification, treatment, and continued monitoring required to be developed shall be implemented only to the extent that funds are available in the sex offender treatment fund created in § 39-13-708 ;
(3) The board shall develop a plan for the allocation of moneys deposited in the sex offender treatment fund created pursuant to § 39-13-708 , among the judicial branch, the department of correction, and the department of children's services. In addition, the board shall coordinate the expenditure of funds from the sex offender treatment fund with any funds expended by any of the departments listed in this subdivision (d)(3) for the identification, evaluation, and treatment of sex offenders;
(4) The board shall research and analyze the effectiveness of the evaluation, identification, and treatment procedures and programs developed pursuant to this part. The board shall also develop and prescribe a system for tracking offenders who have been subjected to evaluation, identification, and treatment pursuant to this part. In addition, the board shall develop a system for monitoring offender behaviors and offender adherence to prescribed behavioral changes. The results of the tracking and behavioral monitoring shall be a part of any analysis made pursuant to this subdivision (d)(4); and
(5) The board shall compile and make available on the board's website a list of approved sex offender evaluation providers and a list of approved sex offender treatment providers that the board deems fit, based upon the provider's specific training, experience, and professional licensure, to fulfill the objectives set forth in this section.
(e) The board and the individual members of the board shall be immune from any liability, whether civil or criminal, for the good faith performance of the duties of the board.
Amended by 2021 Tenn. Acts, ch. 409, s 16, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 204, s 1, eff. 4/22/2021.
Acts 1995, ch. 353, § 5; 1996, ch. 968, §§ 2-4; 1996, ch. 1079, § 123; 1998, ch. 1049, § 13.
Tenn. Code Ann. § 39-13-530 — TN Code / Title 39 / Chapter 13 / Section 39-13-530
Forfeiture of any conveyance or real or personal property used in a sexual offense committed against minors - Child abuse fund
Status: in_force

(a) (1) Any conveyance or real or personal property used in the commission of an offense under this part, is subject to judicial forfeiture under chapter 11, part 7 of this title; provided, however, that the offense is committed against a person under eighteen (18) years of age and was committed on or after July 1, 2006. (2) Any conveyance or personal property used in the commission of a violation of § 40-39-211 committed on or after July 1, 2012, by a sexual offender or violent sex offender, as defined in § 40-39-202 , whose victim was a minor, is, upon conviction, subject to judicial forfeiture as provided in chapter 11, part 7 of this title. (b) The proceeds from all forfeitures made pursuant to this section shall be transmitted to the general fund, where there is established a general fund reserve to be allocated through the general appropriations act, which shall be known as the child abuse fund. Moneys from the fund shall be expended to fund activities authorized by this section. Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund at the end of the fiscal year. Any excess revenues or interest earned by the revenues shall not revert at the end of the fiscal year, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from the reserve shall not revert to the general fund at the end of the fiscal year, but shall remain available for expenditure in subsequent fiscal years. (c) The general assembly shall appropriate, through the general appropriations act, fifty percent (50%) of the moneys from the child abuse fund to the department of finance and administration for the child advocacy center fund to be used for child advocacy centers. The appropriations shall be specifically earmarked for the purposes set out in subsection (d). (d) All moneys appropriated from the child advocacy center fund shall be used exclusively by the department to provide grants to child advocacy centers that are incorporated as a not-for-profit organization, are tax-exempt under § 501 of the Internal Revenue Code, and that have provided child advocacy services for at least six (6) months prior to the application for funds under this subsection (d). The commissioner of finance and administration shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the distribution and use of the grant funds provided by it. The grants shall be for the purpose of providing funding for the continuation of existing programs and services, the creation of new programs and services and the training of personnel in child advocacy centers. (e) The general assembly shall appropriate, through the general appropriations act, twenty-five percent (25%) of the moneys from the child abuse fund to the department of finance and administration for the court appointed special advocate (CASA) fund. The appropriations shall be specifically earmarked for the purposes set out in subsection (f). (f) All moneys appropriated from the CASA fund shall be used exclusively by the department to provide grants to CASA programs that are incorporated as a not-for-profit organization, are tax-exempt under § 501 of the Internal Revenue Code and that have provided CASA services for at least six (6) months prior to the application for funds under this subsection (f). The commissioner of finance and administration shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act for the distribution and use of the grant funds provided by it. The grants shall be for the purpose of providing funding for the continuation of existing programs and services, the creation of new programs and services and the training of personnel and volunteers in CASA programs. (g) The general assembly shall appropriate, through the general appropriations act, twenty-five percent (25%) of the moneys from the child abuse fund to the department of finance and administration for the child abuse prevention fund. The appropriations shall be specifically earmarked for the purposes set out in subsection (h). (h) All moneys appropriated from the child abuse prevention fund shall be used exclusively by the department to provide a grant to Prevent Child Abuse Tennessee; provided, that it is incorporated as a not-for-profit organization, is tax-exempt under § 501 of the Internal Revenue Code ( 26 U.S.C. § 501 ), and that it has provided child abuse prevention services for at least six (6) months prior to the application for funds under this subsection (h). The commissioner of finance and administration shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act for the distribution and use of the grant funds provided by it. The grants shall be for the purpose of providing funding for the continuation of existing programs and services, the creation of new programs and services and the training of personnel to plan and carry out a comprehensive statewide child abuse prevention program that includes emphasis on primary and secondary prevention strategies and includes evaluation strategies to assess the effectiveness of prevention activities. (i) All recipients of funding from the child abuse fund and its subsidiary funds, the child advocacy centers fund, the CASA fund and the child abuse prevention fund, shall collaborate with each other and also with the department of children's services, the department of children's services' child abuse prevention advisory committee, the child sexual abuse task force established by § 37-1-603(b)(1) , the commission on children and youth, the governor's office of children's care coordination, and other appropriate state and local service providers in the planning and implementation of multi-disciplinary, multi-agency approaches to address child abuse, including primary, secondary and tertiary child abuse prevention, investigation and intervention in child abuse cases, and needed treatment and timely permanency for victims of child abuse. (j) All recipients of funding from the child abuse fund and its subsidiary funds, the child advocacy centers fund, the CASA fund and the child abuse prevention fund, shall report annually to the health and welfare and judiciary committees of the senate, the civil justice committee of the house of representatives, and the fiscal review committee, regarding their use of child abuse fund moneys, their collaborative efforts to address the spectrum of child abuse issues, and their recommendations for additional improvements in the child abuse prevention and response system in Tennessee. Amended by 2021 Tenn. Acts, ch. 64, s 44, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 52, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 23, eff. 4/19/2013. Acts 2006, ch. 960, § 1; 2011 , ch. 410, § 3(cc); 2012 , ch. 882, §§ 1, 2.
(a) (1) Any conveyance or real or personal property used in the commission of an offense under this part, is subject to judicial forfeiture under chapter 11, part 7 of this title; provided, however, that the offense is committed against a person under eighteen (18) years of age and was committed on or after July 1, 2006. (2) Any conveyance or personal property used in the commission of a violation of § 40-39-211 committed on or after July 1, 2012, by a sexual offender or violent sex offender, as defined in § 40-39-202 , whose victim was a minor, is, upon conviction, subject to judicial forfeiture as provided in chapter 11, part 7 of this title.
(1) Any conveyance or real or personal property used in the commission of an offense under this part, is subject to judicial forfeiture under chapter 11, part 7 of this title; provided, however, that the offense is committed against a person under eighteen (18) years of age and was committed on or after July 1, 2006.
(2) Any conveyance or personal property used in the commission of a violation of § 40-39-211 committed on or after July 1, 2012, by a sexual offender or violent sex offender, as defined in § 40-39-202 , whose victim was a minor, is, upon conviction, subject to judicial forfeiture as provided in chapter 11, part 7 of this title.
(b) The proceeds from all forfeitures made pursuant to this section shall be transmitted to the general fund, where there is established a general fund reserve to be allocated through the general appropriations act, which shall be known as the child abuse fund. Moneys from the fund shall be expended to fund activities authorized by this section. Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund at the end of the fiscal year. Any excess revenues or interest earned by the revenues shall not revert at the end of the fiscal year, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from the reserve shall not revert to the general fund at the end of the fiscal year, but shall remain available for expenditure in subsequent fiscal years.
(c) The general assembly shall appropriate, through the general appropriations act, fifty percent (50%) of the moneys from the child abuse fund to the department of finance and administration for the child advocacy center fund to be used for child advocacy centers. The appropriations shall be specifically earmarked for the purposes set out in subsection (d).
(d) All moneys appropriated from the child advocacy center fund shall be used exclusively by the department to provide grants to child advocacy centers that are incorporated as a not-for-profit organization, are tax-exempt under § 501 of the Internal Revenue Code, and that have provided child advocacy services for at least six (6) months prior to the application for funds under this subsection (d). The commissioner of finance and administration shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the distribution and use of the grant funds provided by it. The grants shall be for the purpose of providing funding for the continuation of existing programs and services, the creation of new programs and services and the training of personnel in child advocacy centers.
(e) The general assembly shall appropriate, through the general appropriations act, twenty-five percent (25%) of the moneys from the child abuse fund to the department of finance and administration for the court appointed special advocate (CASA) fund. The appropriations shall be specifically earmarked for the purposes set out in subsection (f).
(f) All moneys appropriated from the CASA fund shall be used exclusively by the department to provide grants to CASA programs that are incorporated as a not-for-profit organization, are tax-exempt under § 501 of the Internal Revenue Code and that have provided CASA services for at least six (6) months prior to the application for funds under this subsection (f). The commissioner of finance and administration shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act for the distribution and use of the grant funds provided by it. The grants shall be for the purpose of providing funding for the continuation of existing programs and services, the creation of new programs and services and the training of personnel and volunteers in CASA programs.
(g) The general assembly shall appropriate, through the general appropriations act, twenty-five percent (25%) of the moneys from the child abuse fund to the department of finance and administration for the child abuse prevention fund. The appropriations shall be specifically earmarked for the purposes set out in subsection (h).
(h) All moneys appropriated from the child abuse prevention fund shall be used exclusively by the department to provide a grant to Prevent Child Abuse Tennessee; provided, that it is incorporated as a not-for-profit organization, is tax-exempt under § 501 of the Internal Revenue Code ( 26 U.S.C. § 501 ), and that it has provided child abuse prevention services for at least six (6) months prior to the application for funds under this subsection (h). The commissioner of finance and administration shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act for the distribution and use of the grant funds provided by it. The grants shall be for the purpose of providing funding for the continuation of existing programs and services, the creation of new programs and services and the training of personnel to plan and carry out a comprehensive statewide child abuse prevention program that includes emphasis on primary and secondary prevention strategies and includes evaluation strategies to assess the effectiveness of prevention activities.
(i) All recipients of funding from the child abuse fund and its subsidiary funds, the child advocacy centers fund, the CASA fund and the child abuse prevention fund, shall collaborate with each other and also with the department of children's services, the department of children's services' child abuse prevention advisory committee, the child sexual abuse task force established by § 37-1-603(b)(1) , the commission on children and youth, the governor's office of children's care coordination, and other appropriate state and local service providers in the planning and implementation of multi-disciplinary, multi-agency approaches to address child abuse, including primary, secondary and tertiary child abuse prevention, investigation and intervention in child abuse cases, and needed treatment and timely permanency for victims of child abuse.
(j) All recipients of funding from the child abuse fund and its subsidiary funds, the child advocacy centers fund, the CASA fund and the child abuse prevention fund, shall report annually to the health and welfare and judiciary committees of the senate, the civil justice committee of the house of representatives, and the fiscal review committee, regarding their use of child abuse fund moneys, their collaborative efforts to address the spectrum of child abuse issues, and their recommendations for additional improvements in the child abuse prevention and response system in Tennessee.
Amended by 2021 Tenn. Acts, ch. 64, s 44, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 52, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 23, eff. 4/19/2013.
Acts 2006, ch. 960, § 1; 2011 , ch. 410, § 3(cc); 2012 , ch. 882, §§ 1, 2.
Tenn. Code Ann. § 39-17-702 — TN Code / Title 39 / Chapter 17 / Section 39-17-702
Unlawful sale of alcoholic beverages
Status: in_force

(a) It is unlawful for any person to sell wine, beer, ale, or any other beverage or mixed drink containing alcohol in any establishment unless the establishment is operating in compliance with all laws governing the sale of alcoholic beverages in the establishments. (b) A violation of this section is a Class B misdemeanor. Acts 1989, ch. 591, § 1.
(a) It is unlawful for any person to sell wine, beer, ale, or any other beverage or mixed drink containing alcohol in any establishment unless the establishment is operating in compliance with all laws governing the sale of alcoholic beverages in the establishments.
(b) A violation of this section is a Class B misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-15-506 — TN Code / Title 39 / Chapter 15 / Section 39-15-506
Placement on registry - Fine
Status: in_force

(a) (1) Following a conviction for a violation of § 39-15-502 , § 39-15-507(b) or (c) , § 39-15-508 , § 39-15-510 , § 39-15-511 , or § 39-15-512 , or an attempt to commit any of those offenses, or at the discretion of the court for a conviction of § 39-15-507(d) , the clerk of the court shall notify the health facilities commission, created by § 68-11-1604 , of the conviction within ninety (90) calendar days of the date of the conviction by sending a copy of the judgment in the manner set forth in § 68-11-1003 for inclusion on the registry pursuant to title 68, chapter 11, part 10. (2) Upon receipt of a judgment of conviction for a violation of an offense set out in subdivision (a)(1), the commission shall place the person or persons convicted on the registry of persons who have abused, neglected, or financially exploited an elderly or vulnerable adult as provided in § 68-11-1003(c) . (3) Upon entry of the information in the registry, the commission shall notify the person convicted, at the person's last known mailing address, of the person's inclusion on the registry. The person convicted shall not be entitled or given the opportunity to contest or dispute either the prior hearing conclusions or the content or terms of any criminal disposition, or attempt to refute the factual findings upon which the conclusions and determinations are based. The person convicted may challenge the accuracy of the report that the criminal disposition has occurred, such hearing conclusions were made, or any factual issue related to the correct identity of the person. If the person convicted makes such a challenge within sixty (60) days of notification of inclusion on the registry, the executive director of the health facilities commission, or the executive director's designee, shall afford the person an opportunity for a hearing on the matter that complies with the requirements of due process and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (b) (1) In addition to any other punishment that may be imposed for a violation of § 39-15-502 , § 39-15-507 , § 39-15-508 , § 39-15-510 , § 39-15-511 , or § 39-15-512 , the court shall impose a fine of not less than five hundred dollars ($500) for Class A or Class B misdemeanor convictions, and a fine of not less than one thousand dollars ($1,000) for felony convictions. The fine shall not exceed the maximum fine established for the appropriate offense classification. (2) The person convicted shall pay the fine to the clerk of the court imposing the sentence, who shall transfer it to the district attorney of the judicial district in which the case was prosecuted. The district attorney shall credit the fine to a fund established for the purpose of educating, enforcing, and providing victim services for elderly and vulnerable adult prosecutions. Amended by 2023 Tenn. Acts, ch. 103, Secs.s 1, s 2, s 3 eff. 3/31/2023. Amended by 2021 Tenn. Acts, ch. 500, s 13, eff. 10/1/2021. Amended by 2019 Tenn. Acts, ch. 474, s 6, eff. 1/1/2020. Amended by 2019 Tenn. Acts, ch. 474, s 5, eff. 1/1/2020. Amended by 2018 Tenn. Acts, ch. 1050, s 4, eff. 1/1/2019. Amended by 2018 Tenn. Acts, ch. 1050, s 3, eff. 1/1/2019. Added by 2017 Tenn. Acts, ch. 466, s 2, eff. 7/1/2017.
(a) (1) Following a conviction for a violation of § 39-15-502 , § 39-15-507(b) or (c) , § 39-15-508 , § 39-15-510 , § 39-15-511 , or § 39-15-512 , or an attempt to commit any of those offenses, or at the discretion of the court for a conviction of § 39-15-507(d) , the clerk of the court shall notify the health facilities commission, created by § 68-11-1604 , of the conviction within ninety (90) calendar days of the date of the conviction by sending a copy of the judgment in the manner set forth in § 68-11-1003 for inclusion on the registry pursuant to title 68, chapter 11, part 10. (2) Upon receipt of a judgment of conviction for a violation of an offense set out in subdivision (a)(1), the commission shall place the person or persons convicted on the registry of persons who have abused, neglected, or financially exploited an elderly or vulnerable adult as provided in § 68-11-1003(c) . (3) Upon entry of the information in the registry, the commission shall notify the person convicted, at the person's last known mailing address, of the person's inclusion on the registry. The person convicted shall not be entitled or given the opportunity to contest or dispute either the prior hearing conclusions or the content or terms of any criminal disposition, or attempt to refute the factual findings upon which the conclusions and determinations are based. The person convicted may challenge the accuracy of the report that the criminal disposition has occurred, such hearing conclusions were made, or any factual issue related to the correct identity of the person. If the person convicted makes such a challenge within sixty (60) days of notification of inclusion on the registry, the executive director of the health facilities commission, or the executive director's designee, shall afford the person an opportunity for a hearing on the matter that complies with the requirements of due process and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) Following a conviction for a violation of § 39-15-502 , § 39-15-507(b) or (c) , § 39-15-508 , § 39-15-510 , § 39-15-511 , or § 39-15-512 , or an attempt to commit any of those offenses, or at the discretion of the court for a conviction of § 39-15-507(d) , the clerk of the court shall notify the health facilities commission, created by § 68-11-1604 , of the conviction within ninety (90) calendar days of the date of the conviction by sending a copy of the judgment in the manner set forth in § 68-11-1003 for inclusion on the registry pursuant to title 68, chapter 11, part 10.
(2) Upon receipt of a judgment of conviction for a violation of an offense set out in subdivision (a)(1), the commission shall place the person or persons convicted on the registry of persons who have abused, neglected, or financially exploited an elderly or vulnerable adult as provided in § 68-11-1003(c) .
(3) Upon entry of the information in the registry, the commission shall notify the person convicted, at the person's last known mailing address, of the person's inclusion on the registry. The person convicted shall not be entitled or given the opportunity to contest or dispute either the prior hearing conclusions or the content or terms of any criminal disposition, or attempt to refute the factual findings upon which the conclusions and determinations are based. The person convicted may challenge the accuracy of the report that the criminal disposition has occurred, such hearing conclusions were made, or any factual issue related to the correct identity of the person. If the person convicted makes such a challenge within sixty (60) days of notification of inclusion on the registry, the executive director of the health facilities commission, or the executive director's designee, shall afford the person an opportunity for a hearing on the matter that complies with the requirements of due process and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) (1) In addition to any other punishment that may be imposed for a violation of § 39-15-502 , § 39-15-507 , § 39-15-508 , § 39-15-510 , § 39-15-511 , or § 39-15-512 , the court shall impose a fine of not less than five hundred dollars ($500) for Class A or Class B misdemeanor convictions, and a fine of not less than one thousand dollars ($1,000) for felony convictions. The fine shall not exceed the maximum fine established for the appropriate offense classification. (2) The person convicted shall pay the fine to the clerk of the court imposing the sentence, who shall transfer it to the district attorney of the judicial district in which the case was prosecuted. The district attorney shall credit the fine to a fund established for the purpose of educating, enforcing, and providing victim services for elderly and vulnerable adult prosecutions.
(1) In addition to any other punishment that may be imposed for a violation of § 39-15-502 , § 39-15-507 , § 39-15-508 , § 39-15-510 , § 39-15-511 , or § 39-15-512 , the court shall impose a fine of not less than five hundred dollars ($500) for Class A or Class B misdemeanor convictions, and a fine of not less than one thousand dollars ($1,000) for felony convictions. The fine shall not exceed the maximum fine established for the appropriate offense classification.
(2) The person convicted shall pay the fine to the clerk of the court imposing the sentence, who shall transfer it to the district attorney of the judicial district in which the case was prosecuted. The district attorney shall credit the fine to a fund established for the purpose of educating, enforcing, and providing victim services for elderly and vulnerable adult prosecutions.
Amended by 2023 Tenn. Acts, ch. 103, Secs.s 1, s 2, s 3 eff. 3/31/2023.
Amended by 2021 Tenn. Acts, ch. 500, s 13, eff. 10/1/2021.
Amended by 2019 Tenn. Acts, ch. 474, s 6, eff. 1/1/2020.
Amended by 2019 Tenn. Acts, ch. 474, s 5, eff. 1/1/2020.
Amended by 2018 Tenn. Acts, ch. 1050, s 4, eff. 1/1/2019.
Amended by 2018 Tenn. Acts, ch. 1050, s 3, eff. 1/1/2019.
Added by 2017 Tenn. Acts, ch. 466, s 2, eff. 7/1/2017.
Tenn. Code Ann. § 39-13-804 — TN Code / Title 39 / Chapter 13 / Section 39-13-804
Intentional release of dangerous chemical or hazardous material with intent of causing harm
Status: in_force

(a) The intentional release of a dangerous chemical or hazardous material utilized in a lawful industrial or commercial process shall be considered use of a weapon of mass destruction when a person knowingly utilizes those agents with intent and for the purpose of causing harm to persons either directly or indirectly through harm to animals or the environment. The release of dangerous chemicals or hazardous materials for any purpose shall remain subject to regulation under federal and state environmental laws. (b) The lawful use of chemicals for legitimate mineral extraction, industrial, agricultural, commercial, or private purposes, such as gasoline used to power engines or propane used for heating or cooking, is not proscribed by this part. (c) No university, research institution, private company, individual, hospital, or other health care facility shall be subject to this part for actions taken in furtherance of objectives undertaken for a lawful purpose; provided, that such actions are taken in connection with scientific or public health research or are necessary for therapeutic or clinical purposes, and, as required, are licensed or registered with the centers for disease control and prevention pursuant to the Code of Federal Regulations (CFR) or other applicable authorities. Acts 2002, ch. 849, § 1.
(a) The intentional release of a dangerous chemical or hazardous material utilized in a lawful industrial or commercial process shall be considered use of a weapon of mass destruction when a person knowingly utilizes those agents with intent and for the purpose of causing harm to persons either directly or indirectly through harm to animals or the environment. The release of dangerous chemicals or hazardous materials for any purpose shall remain subject to regulation under federal and state environmental laws.
(b) The lawful use of chemicals for legitimate mineral extraction, industrial, agricultural, commercial, or private purposes, such as gasoline used to power engines or propane used for heating or cooking, is not proscribed by this part.
(c) No university, research institution, private company, individual, hospital, or other health care facility shall be subject to this part for actions taken in furtherance of objectives undertaken for a lawful purpose; provided, that such actions are taken in connection with scientific or public health research or are necessary for therapeutic or clinical purposes, and, as required, are licensed or registered with the centers for disease control and prevention pursuant to the Code of Federal Regulations (CFR) or other applicable authorities.
Acts 2002, ch. 849, § 1.
Tenn. Code Ann. § 39-17-456 — TN Code / Title 39 / Chapter 17 / Section 39-17-456
Prohibitions against the possession, manufacture, or sale of xylazine
Status: in_force

(a) It is an offense to knowingly possess xylazine. (b) It is an offense to knowingly manufacture, deliver, or sell xylazine. (c) It is an offense to knowingly possess xylazine with intent to manufacture, deliver, or sell xylazine. (d) Notwithstanding subsections (a) - (c): (1) It is not an offense to possess, manufacture, deliver, or sell xylazine in the course of legitimate veterinary practice; and (2) It is not an offense to possess xylazine pursuant to a valid prescription from a licensed veterinarian; (e) As used in this section, "xylazine" means xylazine and any salt, sulfate, isomer, homologue, analog, or other preparation of xylazine, and any salt, sulfate, isomer, compound, derivative, precursor, homologue, analog, or other preparation thereof that is substantially chemically equivalent or identical to xylazine. (f) A violation of subsection (a) is a Class A misdemeanor; and (g) A violation of subsection (b) or (c) is a Class C felony. Added by 2023 Tenn. Acts, ch. 412, s 1, eff. 7/1/2023.
(a) It is an offense to knowingly possess xylazine.
(b) It is an offense to knowingly manufacture, deliver, or sell xylazine.
(c) It is an offense to knowingly possess xylazine with intent to manufacture, deliver, or sell xylazine.
(d) Notwithstanding subsections (a) - (c): (1) It is not an offense to possess, manufacture, deliver, or sell xylazine in the course of legitimate veterinary practice; and (2) It is not an offense to possess xylazine pursuant to a valid prescription from a licensed veterinarian;
(1) It is not an offense to possess, manufacture, deliver, or sell xylazine in the course of legitimate veterinary practice; and
(2) It is not an offense to possess xylazine pursuant to a valid prescription from a licensed veterinarian;
(e) As used in this section, "xylazine" means xylazine and any salt, sulfate, isomer, homologue, analog, or other preparation of xylazine, and any salt, sulfate, isomer, compound, derivative, precursor, homologue, analog, or other preparation thereof that is substantially chemically equivalent or identical to xylazine.
(f) A violation of subsection (a) is a Class A misdemeanor; and
(g) A violation of subsection (b) or (c) is a Class C felony.
Added by 2023 Tenn. Acts, ch. 412, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 39-15-502 — TN Code / Title 39 / Chapter 15 / Section 39-15-502
Offense of financial exploitation of elderly or vulnerable person
Status: in_force

(a) It is an offense for any person to knowingly financially exploit an elderly or vulnerable adult. (b) A violation of this section shall be punished as theft pursuant to § 39-14-105 ; provided, however, that the violation shall be punished one (1) classification higher than is otherwise provided in § 39-14-105 . (c) (1) If a person is charged with financial exploitation that involves the taking or loss of property valued at more than five thousand dollars ($5,000), a prosecuting attorney may file a petition with the circuit, general sessions, or chancery court of the county in which the defendant has been charged to freeze the funds, assets, or property of the defendant in an amount up to one hundred percent (100%) of the alleged value of funds, assets, or property in the defendant's pending criminal proceeding for purposes of restitution to the victim. The hearing on the petition may be held ex parte if necessary to prevent additional exploitation of the victim. (2) Upon a showing of probable cause in the ex parte hearing, the court shall issue an order to freeze or seize the funds, assets, or property of the defendant in the amount calculated pursuant to subdivision (c)(1). A copy of the freeze or seize order shall be served upon the defendant whose funds, assets, or property has been frozen or seized. (3) The court's order shall prohibit the sale, gifting, transfer, or wasting of the funds, assets, or property of the elderly or vulnerable adult, both real and personal, owned by, or vested in, such person, without the express permission of the court. (4) At any time within thirty (30) days after service of the order to freeze or seize funds, assets, or property, the defendant or any person claiming an interest in the funds, assets, or property may file a motion to release the funds, assets, or property. The court shall hold a hearing on the motion no later than ten (10) days from the date the motion is filed. (d) In any proceeding to release funds, assets, or property, the state has the burden of proof, by a preponderance of the evidence, to show that the defendant used, was using, is about to use, or is intending to use any funds, assets, or property in any way that constitutes or would constitute an offense under subsection (a). If the court finds that any funds, assets, or property were being used, are about to be used, or are intended to be used in any way that constitutes or would constitute an offense under subsection (a), the court shall order the funds, assets, or property frozen or held until further order of the court. (e) If the prosecution of a charge under subsection (a) is dismissed or a nolle prosequi is entered, or if a judgment of acquittal is entered, the court shall vacate the order to freeze or seize the funds, assets, or property. (f) In addition to other remedies provided by law, an elderly or vulnerable adult in that person's own right, or by conservator or next friend, has a right of recovery in a civil action for financial exploitation or for theft of the person's money or property whether by fraud, deceit, coercion, or otherwise. The right of action against a wrongdoer shall not abate or be extinguished by the death of the elderly or vulnerable adult, but passes as provided in § 20-5-106 , unless the alleged wrongdoer is a relative, in which case the cause of action passes to the victim's personal representative. Added by 2017 Tenn. Acts, ch. 466,s 2, eff. 7/1/2017.
(a) It is an offense for any person to knowingly financially exploit an elderly or vulnerable adult.
(b) A violation of this section shall be punished as theft pursuant to § 39-14-105 ; provided, however, that the violation shall be punished one (1) classification higher than is otherwise provided in § 39-14-105 .
(c) (1) If a person is charged with financial exploitation that involves the taking or loss of property valued at more than five thousand dollars ($5,000), a prosecuting attorney may file a petition with the circuit, general sessions, or chancery court of the county in which the defendant has been charged to freeze the funds, assets, or property of the defendant in an amount up to one hundred percent (100%) of the alleged value of funds, assets, or property in the defendant's pending criminal proceeding for purposes of restitution to the victim. The hearing on the petition may be held ex parte if necessary to prevent additional exploitation of the victim. (2) Upon a showing of probable cause in the ex parte hearing, the court shall issue an order to freeze or seize the funds, assets, or property of the defendant in the amount calculated pursuant to subdivision (c)(1). A copy of the freeze or seize order shall be served upon the defendant whose funds, assets, or property has been frozen or seized. (3) The court's order shall prohibit the sale, gifting, transfer, or wasting of the funds, assets, or property of the elderly or vulnerable adult, both real and personal, owned by, or vested in, such person, without the express permission of the court. (4) At any time within thirty (30) days after service of the order to freeze or seize funds, assets, or property, the defendant or any person claiming an interest in the funds, assets, or property may file a motion to release the funds, assets, or property. The court shall hold a hearing on the motion no later than ten (10) days from the date the motion is filed.
(1) If a person is charged with financial exploitation that involves the taking or loss of property valued at more than five thousand dollars ($5,000), a prosecuting attorney may file a petition with the circuit, general sessions, or chancery court of the county in which the defendant has been charged to freeze the funds, assets, or property of the defendant in an amount up to one hundred percent (100%) of the alleged value of funds, assets, or property in the defendant's pending criminal proceeding for purposes of restitution to the victim. The hearing on the petition may be held ex parte if necessary to prevent additional exploitation of the victim.
(2) Upon a showing of probable cause in the ex parte hearing, the court shall issue an order to freeze or seize the funds, assets, or property of the defendant in the amount calculated pursuant to subdivision (c)(1). A copy of the freeze or seize order shall be served upon the defendant whose funds, assets, or property has been frozen or seized.
(3) The court's order shall prohibit the sale, gifting, transfer, or wasting of the funds, assets, or property of the elderly or vulnerable adult, both real and personal, owned by, or vested in, such person, without the express permission of the court.
(4) At any time within thirty (30) days after service of the order to freeze or seize funds, assets, or property, the defendant or any person claiming an interest in the funds, assets, or property may file a motion to release the funds, assets, or property. The court shall hold a hearing on the motion no later than ten (10) days from the date the motion is filed.
(d) In any proceeding to release funds, assets, or property, the state has the burden of proof, by a preponderance of the evidence, to show that the defendant used, was using, is about to use, or is intending to use any funds, assets, or property in any way that constitutes or would constitute an offense under subsection (a). If the court finds that any funds, assets, or property were being used, are about to be used, or are intended to be used in any way that constitutes or would constitute an offense under subsection (a), the court shall order the funds, assets, or property frozen or held until further order of the court.
(e) If the prosecution of a charge under subsection (a) is dismissed or a nolle prosequi is entered, or if a judgment of acquittal is entered, the court shall vacate the order to freeze or seize the funds, assets, or property.
(f) In addition to other remedies provided by law, an elderly or vulnerable adult in that person's own right, or by conservator or next friend, has a right of recovery in a civil action for financial exploitation or for theft of the person's money or property whether by fraud, deceit, coercion, or otherwise. The right of action against a wrongdoer shall not abate or be extinguished by the death of the elderly or vulnerable adult, but passes as provided in § 20-5-106 , unless the alleged wrongdoer is a relative, in which case the cause of action passes to the victim's personal representative.
Added by 2017 Tenn. Acts, ch. 466,s 2, eff. 7/1/2017.
Tenn. Code Ann. § 39-17-409 — TN Code / Title 39 / Chapter 17 / Section 39-17-409
Criteria for Schedule III
Status: in_force

The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall place a substance in Schedule III upon finding that: (1) The substance has a potential for abuse less than the substances listed in Schedules I and II; (2) The substance has currently accepted medical use in treatment in the United States; and (3) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence. Acts 1989, ch. 591, § 1; 2010, ch. 1100, § 65; 2012, ch. 575, § 2.
The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall place a substance in Schedule III upon finding that:
(1) The substance has a potential for abuse less than the substances listed in Schedules I and II;
(2) The substance has currently accepted medical use in treatment in the United States; and
(3) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
Acts 1989, ch. 591, § 1; 2010, ch. 1100, § 65; 2012, ch. 575, § 2.