Tenn. Code Ann. § 39-17-420 — TN Code / Title 39 / Chapter 17 / Section 39-17-420
Fines and forfeitures
Status: in_force

(a) (1) Except as provided in subdivision (a)(2) and in subsection (d), all fines and forfeitures of appearance bonds received because of a violation of any provision of this part and that are specifically set forth in this part, and the proceeds of goods seized and forfeited under § 53-11-451 and disposed of according to law, shall be accounted for in a special revenue fund of the jurisdiction that initiated the arrest, or in a special reserve fund of the university employing the campus police officers if the arrest was initiated by campus police officers as defined in § 49-7-118 or in the special revenue fund of the department of correction if the arrest was initiated by the internal affairs director or an internal affairs special agent of the department of correction. All financial activities related to funds received under this part shall be accounted for in this fund. Cash transactions related to undercover investigative operations of county or municipal drug enforcement programs shall be administered in compliance with procedures established by the comptroller of the treasury. Moneys in the special revenue fund may be used only for the following purposes: (A) Local drug enforcement program; (B) Local drug education program; (C) Local drug treatment program; and (D) Nonrecurring general law enforcement expenditures. (2) The chief law enforcement officer and the mayor of a municipality, or other chief executive officer of a metropolitan government, shall recommend a budget for the special revenue fund, to be approved by the legislative body of the municipality according to law. The chief law enforcement officer of a county shall recommend a budget for the special revenue fund, to be approved by the legislative body of the county according to law. The board of regents of the state university and community college system and the board of trustees for the University of Tennessee each shall approve a budget for the special revenue fund for funds from seizures by campus police officers as defined in § 49-7-118 in the respective systems. The commissioner of correction shall approve a budget for the special revenue fund for funds from seizures by the internal affairs director or an internal affairs special agent of the department of correction. Expenditures from the special revenue fund are subject to the availability of funds and budgetary appropriations for the expenditure. Any purchase made with moneys from the fund shall be made in accordance with all existing purchasing laws applicable to the particular county or municipality or university or department of correction. All fines and forfeitures resulting from cases and actions of the Tennessee bureau of investigation shall be paid to the state treasurer, to be used only as appropriated by the general assembly. If goods are seized by a combination of the Tennessee bureau of investigation and county or municipal law enforcement personnel, the court ordering their disposal shall determine the allocation of proceeds upon disposition of the goods. In all other cases, fines and forfeitures and goods and their proceeds shall be disposed of as otherwise provided by law. (3) In counties having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, all fines and forfeitures of appearance bonds received from the violation of this part and that are specifically set forth in this part shall be paid to the county trustee or city recorder of the jurisdiction which initiated the arrest and shall be used exclusively in the local drug enforcement program or local drug education program. All requests for disbursement from the funds maintained by the county trustee or city recorder shall be by written request signed by the appropriate chief law enforcement officer of the county or municipality and the district attorney general. All purchases made from proceeds derived from any forfeiture of any interest in real property or proceeds derived pursuant to this part that are for use in the drug enforcement program or drug education program of either a county or a municipality shall be made in accordance with existing purchasing statutes, including private acts, which establish purchasing provisions or requirements for the county or municipality. All fines and forfeitures resulting from cases and actions of the Tennessee bureau of investigation shall be paid to the state treasurer, to be used only as appropriated by the general assembly. Fines and forfeitures received as a result of the application of other provisions of the law shall be disposed of as otherwise provided. (b) In counties having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, the proceeds of goods seized and forfeited under § 53-11-451 and disposed of according to law shall inure to the benefit of the county or city whose law enforcement personnel seized the goods, if the goods were seized by county or city law enforcement personnel, for the use of the county or city drug enforcement program or drug education program, as appropriate. All purchases made from proceeds derived from any forfeiture of any interest in real property or proceeds derived pursuant to this part that are for use in the drug enforcement program or local drug education program of either a county or a municipality shall be made in accordance with existing purchasing statutes, including private acts, which establish purchasing provisions or requirements for such county or municipality. All fines and forfeitures resulting from cases and actions of the Tennessee bureau of investigation shall be paid to the state treasurer, to be used only as appropriated by the general assembly. If the goods are seized by a combination of the Tennessee bureau of investigation, county and city law enforcement personnel, the court ordering disposal of the goods shall determine the allocation of proceeds upon disposition of the goods. In all other cases, the goods and the proceeds from the goods shall be disposed of as otherwise provided by law. (c) All fines and forfeitures of appearance bonds received from the violation of this part and that are specifically set forth in this part, the proceeds of goods seized and forfeited under § 53-11-451 and disposed of according to law that arise from the activities of a judicial district drug task force shall be paid to an expendable trust fund maintained by the county mayor in a county designated by the district attorney general and shall be used exclusively in a drug enforcement or drug education program of the district as directed by the board of directors of the judicial district drug task force. All requests for disbursement from the expendable trust fund maintained by the county mayor for confidential purposes shall be by written request signed by the drug task force director and the district attorney general. (d) In addition to all other fines, fees, costs and punishments now prescribed by law, in counties having a population of not less than eighty-seven thousand nine hundred (87,900) nor more than eighty-eight thousand (88,000), or a population greater than eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, a drug testing fee of twenty dollars ($20.00) shall be assessed upon conviction of a violation of this part whenever a drug analysis is performed by a publicly funded forensic laboratory or other forensic laboratory maintained in or operated by those counties. This fee shall be collected by the clerks of the various courts of those counties and forwarded to the appropriate county trustees on a monthly basis and designated for the exclusive use of the publicly funded forensic laboratory of those counties. (e) The comptroller of the treasury and the department of finance and administration, in consultation with the Tennessee bureau of investigation, the Tennessee sheriffs' association and the Tennessee association of chiefs of police shall develop procedures and guidelines for handling cash transactions related to undercover investigative operations of county or municipal drug enforcement programs. The procedures and guidelines shall be applicable to the disbursement of proceeds from the drug enforcement program that are acquired on and after January 1, 1991, or an earlier date as may be adopted. (f) Notwithstanding subsection (a) or § 53-11-415 to the contrary, effective July 1, 1994, any county or municipality, or, in any county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, any law enforcement agency that receives proceeds from fines, forfeitures, seizures or confiscations pursuant to this part or title 53, chapter 11, may set aside a sum from the proceeds to purchase supplies and other items for the operation and promotion of the DARE program, created by title 49, chapter 1, part 4, or any other drug abuse prevention program conducted in the school system or systems within the county or municipality or served by the law enforcement agency. The local school board shall approve the program before the program may become eligible to receive funds under this subsection (f). Supplies and items that may be purchased with the proceeds include, but are not limited to, workbooks, T-shirts, caps and medallions. (g) (1) Except as provided in subdivision (g)(2), notwithstanding any other provision of this section to the contrary, in order to comply with state and federal fingerprinting requirements such as those in former 42 U.S.C. § 14071 , effective July 1, 1997, twenty percent (20%) of the funds a sheriff or municipal police department receives pursuant to this section shall be set aside and earmarked for the purchase, installation, and maintenance of and line charges for an electronic fingerprint imaging system that is compatible with the federal bureau of investigation's integrated automated fingerprint identification system. Prior to the purchase of the equipment, the sheriff or municipal police department shall obtain certification from the Tennessee bureau of investigation that the equipment is compatible with the Tennessee bureau of investigation's and federal bureau of investigation's integrated automated fingerprint identification system. Once the electronic fingerprint imaging system has been purchased, a sheriff or municipal police department may continue to set aside up to twenty percent (20%) of the funds received pursuant to this section to pay for the maintenance of and line charges for the electronic fingerprint imaging system. Instead of purchasing the fingerprinting equipment, a local law enforcement agency may enter into an agreement with another law enforcement agency that possesses the equipment for the use of the equipment. The agreement may provide that the local law enforcement agency may use the fingerprinting equipment for identifying persons arrested by that agency in exchange for paying an agreed upon portion of the cost and maintenance of the fingerprinting equipment. If no agreement exists, it shall be the responsibility of the arresting officer to obtain fingerprints and answer for the failure to do so. (2) This subsection (g) does not apply in any county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census. (h) In addition to all other fines, fees, costs and punishments now prescribed by law, including those imposed pursuant to subsection (d), a drug testing fee in the amount of two hundred fifty dollars ($250) shall be assessed upon a conviction of or upon the granting of pretrial diversion under § 40-15-105 or judicial diversion under § 40-35-313 for a violation of any part of the Tennessee Drug Control Act, compiled in this part and title 53, chapter 11, parts 3 and 4. (i) (1) This fee shall be collected by the clerks of the various courts of the counties and forwarded to the state treasurer on a monthly basis for deposit in the state general fund, to be used only as appropriated by the general assembly. (2) Any moneys in the TBI drug chemistry unit drug testing fund as of June 30, 2018, shall revert to the general fund on such date, to be used only as appropriated by the general assembly. (j) [Deleted by 2018 amendment.] (k) Notwithstanding any law to the contrary, any drug testing fee of twenty dollars ($20.00) and any other fees that were assessed and collected in any county of the ninth judicial district before such fees were repealed in 2007 shall be designated for use by the ninth judicial district drug task force. Amended by 2022 Tenn. Acts, ch. 900, s 2, eff. 7/1/2022. Amended by 2018 Tenn. Acts, ch. 1044, Secs.s 1, s 2 eff. 5/21/2018. Acts 1989, ch. 591, § 1; 1990, ch. 968, §§ 1, 2; 1994, ch. 607, § 1; 1994, ch. 923, § 1; 1995, ch. 305, § 102; 1997 , ch. 56, §§ 1-4, 7, 8; 1998, ch. 1020, § 1; 2003 , ch. 90, § 2; 2006, ch. 998, § 1; 2007 , ch. 106, § 6; 2007 , ch. 374, § 1; 2008 , ch. 1201, § 1; 2009 , ch. 511, § 1; 2010 , ch. 941, § 1; 2010 , ch. 1004, § 1; 2010 , ch. 1040, § 5; 2011 , ch. 78, § 1.
(a) (1) Except as provided in subdivision (a)(2) and in subsection (d), all fines and forfeitures of appearance bonds received because of a violation of any provision of this part and that are specifically set forth in this part, and the proceeds of goods seized and forfeited under § 53-11-451 and disposed of according to law, shall be accounted for in a special revenue fund of the jurisdiction that initiated the arrest, or in a special reserve fund of the university employing the campus police officers if the arrest was initiated by campus police officers as defined in § 49-7-118 or in the special revenue fund of the department of correction if the arrest was initiated by the internal affairs director or an internal affairs special agent of the department of correction. All financial activities related to funds received under this part shall be accounted for in this fund. Cash transactions related to undercover investigative operations of county or municipal drug enforcement programs shall be administered in compliance with procedures established by the comptroller of the treasury. Moneys in the special revenue fund may be used only for the following purposes: (A) Local drug enforcement program; (B) Local drug education program; (C) Local drug treatment program; and (D) Nonrecurring general law enforcement expenditures. (2) The chief law enforcement officer and the mayor of a municipality, or other chief executive officer of a metropolitan government, shall recommend a budget for the special revenue fund, to be approved by the legislative body of the municipality according to law. The chief law enforcement officer of a county shall recommend a budget for the special revenue fund, to be approved by the legislative body of the county according to law. The board of regents of the state university and community college system and the board of trustees for the University of Tennessee each shall approve a budget for the special revenue fund for funds from seizures by campus police officers as defined in § 49-7-118 in the respective systems. The commissioner of correction shall approve a budget for the special revenue fund for funds from seizures by the internal affairs director or an internal affairs special agent of the department of correction. Expenditures from the special revenue fund are subject to the availability of funds and budgetary appropriations for the expenditure. Any purchase made with moneys from the fund shall be made in accordance with all existing purchasing laws applicable to the particular county or municipality or university or department of correction. All fines and forfeitures resulting from cases and actions of the Tennessee bureau of investigation shall be paid to the state treasurer, to be used only as appropriated by the general assembly. If goods are seized by a combination of the Tennessee bureau of investigation and county or municipal law enforcement personnel, the court ordering their disposal shall determine the allocation of proceeds upon disposition of the goods. In all other cases, fines and forfeitures and goods and their proceeds shall be disposed of as otherwise provided by law. (3) In counties having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, all fines and forfeitures of appearance bonds received from the violation of this part and that are specifically set forth in this part shall be paid to the county trustee or city recorder of the jurisdiction which initiated the arrest and shall be used exclusively in the local drug enforcement program or local drug education program. All requests for disbursement from the funds maintained by the county trustee or city recorder shall be by written request signed by the appropriate chief law enforcement officer of the county or municipality and the district attorney general. All purchases made from proceeds derived from any forfeiture of any interest in real property or proceeds derived pursuant to this part that are for use in the drug enforcement program or drug education program of either a county or a municipality shall be made in accordance with existing purchasing statutes, including private acts, which establish purchasing provisions or requirements for the county or municipality. All fines and forfeitures resulting from cases and actions of the Tennessee bureau of investigation shall be paid to the state treasurer, to be used only as appropriated by the general assembly. Fines and forfeitures received as a result of the application of other provisions of the law shall be disposed of as otherwise provided.
(1) Except as provided in subdivision (a)(2) and in subsection (d), all fines and forfeitures of appearance bonds received because of a violation of any provision of this part and that are specifically set forth in this part, and the proceeds of goods seized and forfeited under § 53-11-451 and disposed of according to law, shall be accounted for in a special revenue fund of the jurisdiction that initiated the arrest, or in a special reserve fund of the university employing the campus police officers if the arrest was initiated by campus police officers as defined in § 49-7-118 or in the special revenue fund of the department of correction if the arrest was initiated by the internal affairs director or an internal affairs special agent of the department of correction. All financial activities related to funds received under this part shall be accounted for in this fund. Cash transactions related to undercover investigative operations of county or municipal drug enforcement programs shall be administered in compliance with procedures established by the comptroller of the treasury. Moneys in the special revenue fund may be used only for the following purposes: (A) Local drug enforcement program; (B) Local drug education program; (C) Local drug treatment program; and (D) Nonrecurring general law enforcement expenditures.
(A) Local drug enforcement program;
(B) Local drug education program;
(C) Local drug treatment program; and
(D) Nonrecurring general law enforcement expenditures.
(2) The chief law enforcement officer and the mayor of a municipality, or other chief executive officer of a metropolitan government, shall recommend a budget for the special revenue fund, to be approved by the legislative body of the municipality according to law. The chief law enforcement officer of a county shall recommend a budget for the special revenue fund, to be approved by the legislative body of the county according to law. The board of regents of the state university and community college system and the board of trustees for the University of Tennessee each shall approve a budget for the special revenue fund for funds from seizures by campus police officers as defined in § 49-7-118 in the respective systems. The commissioner of correction shall approve a budget for the special revenue fund for funds from seizures by the internal affairs director or an internal affairs special agent of the department of correction. Expenditures from the special revenue fund are subject to the availability of funds and budgetary appropriations for the expenditure. Any purchase made with moneys from the fund shall be made in accordance with all existing purchasing laws applicable to the particular county or municipality or university or department of correction. All fines and forfeitures resulting from cases and actions of the Tennessee bureau of investigation shall be paid to the state treasurer, to be used only as appropriated by the general assembly. If goods are seized by a combination of the Tennessee bureau of investigation and county or municipal law enforcement personnel, the court ordering their disposal shall determine the allocation of proceeds upon disposition of the goods. In all other cases, fines and forfeitures and goods and their proceeds shall be disposed of as otherwise provided by law.
(3) In counties having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, all fines and forfeitures of appearance bonds received from the violation of this part and that are specifically set forth in this part shall be paid to the county trustee or city recorder of the jurisdiction which initiated the arrest and shall be used exclusively in the local drug enforcement program or local drug education program. All requests for disbursement from the funds maintained by the county trustee or city recorder shall be by written request signed by the appropriate chief law enforcement officer of the county or municipality and the district attorney general. All purchases made from proceeds derived from any forfeiture of any interest in real property or proceeds derived pursuant to this part that are for use in the drug enforcement program or drug education program of either a county or a municipality shall be made in accordance with existing purchasing statutes, including private acts, which establish purchasing provisions or requirements for the county or municipality. All fines and forfeitures resulting from cases and actions of the Tennessee bureau of investigation shall be paid to the state treasurer, to be used only as appropriated by the general assembly. Fines and forfeitures received as a result of the application of other provisions of the law shall be disposed of as otherwise provided.
(b) In counties having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, the proceeds of goods seized and forfeited under § 53-11-451 and disposed of according to law shall inure to the benefit of the county or city whose law enforcement personnel seized the goods, if the goods were seized by county or city law enforcement personnel, for the use of the county or city drug enforcement program or drug education program, as appropriate. All purchases made from proceeds derived from any forfeiture of any interest in real property or proceeds derived pursuant to this part that are for use in the drug enforcement program or local drug education program of either a county or a municipality shall be made in accordance with existing purchasing statutes, including private acts, which establish purchasing provisions or requirements for such county or municipality. All fines and forfeitures resulting from cases and actions of the Tennessee bureau of investigation shall be paid to the state treasurer, to be used only as appropriated by the general assembly. If the goods are seized by a combination of the Tennessee bureau of investigation, county and city law enforcement personnel, the court ordering disposal of the goods shall determine the allocation of proceeds upon disposition of the goods. In all other cases, the goods and the proceeds from the goods shall be disposed of as otherwise provided by law.
(c) All fines and forfeitures of appearance bonds received from the violation of this part and that are specifically set forth in this part, the proceeds of goods seized and forfeited under § 53-11-451 and disposed of according to law that arise from the activities of a judicial district drug task force shall be paid to an expendable trust fund maintained by the county mayor in a county designated by the district attorney general and shall be used exclusively in a drug enforcement or drug education program of the district as directed by the board of directors of the judicial district drug task force. All requests for disbursement from the expendable trust fund maintained by the county mayor for confidential purposes shall be by written request signed by the drug task force director and the district attorney general.
(d) In addition to all other fines, fees, costs and punishments now prescribed by law, in counties having a population of not less than eighty-seven thousand nine hundred (87,900) nor more than eighty-eight thousand (88,000), or a population greater than eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, a drug testing fee of twenty dollars ($20.00) shall be assessed upon conviction of a violation of this part whenever a drug analysis is performed by a publicly funded forensic laboratory or other forensic laboratory maintained in or operated by those counties. This fee shall be collected by the clerks of the various courts of those counties and forwarded to the appropriate county trustees on a monthly basis and designated for the exclusive use of the publicly funded forensic laboratory of those counties.
(e) The comptroller of the treasury and the department of finance and administration, in consultation with the Tennessee bureau of investigation, the Tennessee sheriffs' association and the Tennessee association of chiefs of police shall develop procedures and guidelines for handling cash transactions related to undercover investigative operations of county or municipal drug enforcement programs. The procedures and guidelines shall be applicable to the disbursement of proceeds from the drug enforcement program that are acquired on and after January 1, 1991, or an earlier date as may be adopted.
(f) Notwithstanding subsection (a) or § 53-11-415 to the contrary, effective July 1, 1994, any county or municipality, or, in any county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, any law enforcement agency that receives proceeds from fines, forfeitures, seizures or confiscations pursuant to this part or title 53, chapter 11, may set aside a sum from the proceeds to purchase supplies and other items for the operation and promotion of the DARE program, created by title 49, chapter 1, part 4, or any other drug abuse prevention program conducted in the school system or systems within the county or municipality or served by the law enforcement agency. The local school board shall approve the program before the program may become eligible to receive funds under this subsection (f). Supplies and items that may be purchased with the proceeds include, but are not limited to, workbooks, T-shirts, caps and medallions.
(g) (1) Except as provided in subdivision (g)(2), notwithstanding any other provision of this section to the contrary, in order to comply with state and federal fingerprinting requirements such as those in former 42 U.S.C. § 14071 , effective July 1, 1997, twenty percent (20%) of the funds a sheriff or municipal police department receives pursuant to this section shall be set aside and earmarked for the purchase, installation, and maintenance of and line charges for an electronic fingerprint imaging system that is compatible with the federal bureau of investigation's integrated automated fingerprint identification system. Prior to the purchase of the equipment, the sheriff or municipal police department shall obtain certification from the Tennessee bureau of investigation that the equipment is compatible with the Tennessee bureau of investigation's and federal bureau of investigation's integrated automated fingerprint identification system. Once the electronic fingerprint imaging system has been purchased, a sheriff or municipal police department may continue to set aside up to twenty percent (20%) of the funds received pursuant to this section to pay for the maintenance of and line charges for the electronic fingerprint imaging system. Instead of purchasing the fingerprinting equipment, a local law enforcement agency may enter into an agreement with another law enforcement agency that possesses the equipment for the use of the equipment. The agreement may provide that the local law enforcement agency may use the fingerprinting equipment for identifying persons arrested by that agency in exchange for paying an agreed upon portion of the cost and maintenance of the fingerprinting equipment. If no agreement exists, it shall be the responsibility of the arresting officer to obtain fingerprints and answer for the failure to do so. (2) This subsection (g) does not apply in any county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census.
(1) Except as provided in subdivision (g)(2), notwithstanding any other provision of this section to the contrary, in order to comply with state and federal fingerprinting requirements such as those in former 42 U.S.C. § 14071 , effective July 1, 1997, twenty percent (20%) of the funds a sheriff or municipal police department receives pursuant to this section shall be set aside and earmarked for the purchase, installation, and maintenance of and line charges for an electronic fingerprint imaging system that is compatible with the federal bureau of investigation's integrated automated fingerprint identification system. Prior to the purchase of the equipment, the sheriff or municipal police department shall obtain certification from the Tennessee bureau of investigation that the equipment is compatible with the Tennessee bureau of investigation's and federal bureau of investigation's integrated automated fingerprint identification system. Once the electronic fingerprint imaging system has been purchased, a sheriff or municipal police department may continue to set aside up to twenty percent (20%) of the funds received pursuant to this section to pay for the maintenance of and line charges for the electronic fingerprint imaging system. Instead of purchasing the fingerprinting equipment, a local law enforcement agency may enter into an agreement with another law enforcement agency that possesses the equipment for the use of the equipment. The agreement may provide that the local law enforcement agency may use the fingerprinting equipment for identifying persons arrested by that agency in exchange for paying an agreed upon portion of the cost and maintenance of the fingerprinting equipment. If no agreement exists, it shall be the responsibility of the arresting officer to obtain fingerprints and answer for the failure to do so.
(2) This subsection (g) does not apply in any county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census.
(h) In addition to all other fines, fees, costs and punishments now prescribed by law, including those imposed pursuant to subsection (d), a drug testing fee in the amount of two hundred fifty dollars ($250) shall be assessed upon a conviction of or upon the granting of pretrial diversion under § 40-15-105 or judicial diversion under § 40-35-313 for a violation of any part of the Tennessee Drug Control Act, compiled in this part and title 53, chapter 11, parts 3 and 4.
(i) (1) This fee shall be collected by the clerks of the various courts of the counties and forwarded to the state treasurer on a monthly basis for deposit in the state general fund, to be used only as appropriated by the general assembly. (2) Any moneys in the TBI drug chemistry unit drug testing fund as of June 30, 2018, shall revert to the general fund on such date, to be used only as appropriated by the general assembly.
(1) This fee shall be collected by the clerks of the various courts of the counties and forwarded to the state treasurer on a monthly basis for deposit in the state general fund, to be used only as appropriated by the general assembly.
(2) Any moneys in the TBI drug chemistry unit drug testing fund as of June 30, 2018, shall revert to the general fund on such date, to be used only as appropriated by the general assembly.
(j) [Deleted by 2018 amendment.]
(k) Notwithstanding any law to the contrary, any drug testing fee of twenty dollars ($20.00) and any other fees that were assessed and collected in any county of the ninth judicial district before such fees were repealed in 2007 shall be designated for use by the ninth judicial district drug task force.
Amended by 2022 Tenn. Acts, ch. 900, s 2, eff. 7/1/2022.
Amended by 2018 Tenn. Acts, ch. 1044, Secs.s 1, s 2 eff. 5/21/2018.
Acts 1989, ch. 591, § 1; 1990, ch. 968, §§ 1, 2; 1994, ch. 607, § 1; 1994, ch. 923, § 1; 1995, ch. 305, § 102; 1997 , ch. 56, §§ 1-4, 7, 8; 1998, ch. 1020, § 1; 2003 , ch. 90, § 2; 2006, ch. 998, § 1; 2007 , ch. 106, § 6; 2007 , ch. 374, § 1; 2008 , ch. 1201, § 1; 2009 , ch. 511, § 1; 2010 , ch. 941, § 1; 2010 , ch. 1004, § 1; 2010 , ch. 1040, § 5; 2011 , ch. 78, § 1.
Tenn. Code Ann. § 39-16-703 — TN Code / Title 39 / Chapter 16 / Section 39-16-703
Aggravated perjury
Status: in_force

(a) A person commits an offense who, with intent to deceive: (1) Commits perjury as defined in § 39-16-702 ; (2) The false statement is made during or in connection with an official proceeding; and (3) The false statement is material. (b) It is no defense that the person mistakenly believed the statement to be immaterial. (c) Aggravated perjury is a Class D felony. Acts 1989, ch. 591, § 1.
(a) A person commits an offense who, with intent to deceive: (1) Commits perjury as defined in § 39-16-702 ; (2) The false statement is made during or in connection with an official proceeding; and (3) The false statement is material.
(1) Commits perjury as defined in § 39-16-702 ;
(2) The false statement is made during or in connection with an official proceeding; and
(3) The false statement is material.
(b) It is no defense that the person mistakenly believed the statement to be immaterial.
(c) Aggravated perjury is a Class D felony.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-103 — TN Code / Title 39 / Chapter 17 / Section 39-17-103
Abandonment of certain airtight containers
Status: in_force

(a) It is an offense for a person to place or permit to remain outside any dwelling, building, or other structure, or within any warehouse or storage room or any unoccupied or abandoned dwelling, building or other structure, under any circumstances as to be accessible to children, any icebox, refrigerator, or other airtight or semi-airtight container that has a capacity of one and one-half (11/2) cubic feet or more and an opening of fifty (50) square inches or more and that has a door or lid equipped with a latch or other fastening device capable of securing the door or lid shut. (b) An offense under this section is a Class B misdemeanor. Acts 1989, ch. 591, § 1.
(a) It is an offense for a person to place or permit to remain outside any dwelling, building, or other structure, or within any warehouse or storage room or any unoccupied or abandoned dwelling, building or other structure, under any circumstances as to be accessible to children, any icebox, refrigerator, or other airtight or semi-airtight container that has a capacity of one and one-half (11/2) cubic feet or more and an opening of fifty (50) square inches or more and that has a door or lid equipped with a latch or other fastening device capable of securing the door or lid shut.
(b) An offense under this section is a Class B misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-13-316 — TN Code / Title 39 / Chapter 13 / Section 39-13-316
Aggravated human trafficking
Status: in_force

(a) Aggravated human trafficking is the commission of an act that constitutes any of the following criminal offenses, if the victim of the criminal offense is under thirteen (13) years of age: (1) Involuntary labor servitude, under § 39-13-307 ; (2) Trafficking persons for forced labor or services, under § 39-13-308 ; (3) Trafficking for commercial sex act, under § 39-13-309 ; (4) Patronizing prostitution, under § 39-13-514 ; or (5) Promoting prostitution, under § 39-13-515 . (b) (1) Aggravated human trafficking is a Class A felony. (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 the person may, if appropriate, be within Range III but in no case shall it be lower than Range II. (3) Section 39-13-525(a) does not apply to a person sentenced for a violation of this section under subdivision (a)(3), (a)(4), or (a)(5). (4) Notwithstanding another law to the contrary, the board of parole may require, as a mandatory condition of supervision for a person convicted of a violation of this section under subdivision (a)(3), (a)(4), or (a)(5), that the person be enrolled in a satellite-based monitoring program for the full extent of the person's term of supervision consistent with the requirements of § 40-39-302 . (c) Title 40, chapter 35, part 5, regarding release eligibility status and parole, does not apply to or authorize the release of a person convicted of a violation of this section prior to service of the entire sentence imposed by the court. (d) Title 41, chapter 1, part 5, does not give either the governor or the board of parole the authority to release or cause the release of a person convicted of a violation of this section prior to the service of the entire sentence imposed by the court. Amended by 2022 Tenn. Acts, ch. 1089, s 1, eff. 7/1/2022.
(a) Aggravated human trafficking is the commission of an act that constitutes any of the following criminal offenses, if the victim of the criminal offense is under thirteen (13) years of age: (1) Involuntary labor servitude, under § 39-13-307 ; (2) Trafficking persons for forced labor or services, under § 39-13-308 ; (3) Trafficking for commercial sex act, under § 39-13-309 ; (4) Patronizing prostitution, under § 39-13-514 ; or (5) Promoting prostitution, under § 39-13-515 .
(1) Involuntary labor servitude, under § 39-13-307 ;
(2) Trafficking persons for forced labor or services, under § 39-13-308 ;
(3) Trafficking for commercial sex act, under § 39-13-309 ;
(4) Patronizing prostitution, under § 39-13-514 ; or
(5) Promoting prostitution, under § 39-13-515 .
(b) (1) Aggravated human trafficking is a Class A felony. (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 the person may, if appropriate, be within Range III but in no case shall it be lower than Range II. (3) Section 39-13-525(a) does not apply to a person sentenced for a violation of this section under subdivision (a)(3), (a)(4), or (a)(5). (4) Notwithstanding another law to the contrary, the board of parole may require, as a mandatory condition of supervision for a person convicted of a violation of this section under subdivision (a)(3), (a)(4), or (a)(5), that the person be enrolled in a satellite-based monitoring program for the full extent of the person's term of supervision consistent with the requirements of § 40-39-302 .
(1) Aggravated human trafficking is a Class A felony.
(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 the person may, if appropriate, be within Range III but in no case shall it be lower than Range II.
(3) Section 39-13-525(a) does not apply to a person sentenced for a violation of this section under subdivision (a)(3), (a)(4), or (a)(5).
(4) Notwithstanding another law to the contrary, the board of parole may require, as a mandatory condition of supervision for a person convicted of a violation of this section under subdivision (a)(3), (a)(4), or (a)(5), that the person be enrolled in a satellite-based monitoring program for the full extent of the person's term of supervision consistent with the requirements of § 40-39-302 .
(c) Title 40, chapter 35, part 5, regarding release eligibility status and parole, does not apply to or authorize the release of a person convicted of a violation of this section prior to service of the entire sentence imposed by the court.
(d) Title 41, chapter 1, part 5, does not give either the governor or the board of parole the authority to release or cause the release of a person convicted of a violation of this section prior to the service of the entire sentence imposed by the court.
Amended by 2022 Tenn. Acts, ch. 1089, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 39-14-203 — TN Code / Title 39 / Chapter 14 / Section 39-14-203
Cock and animal fighting - Cock fighting paraphernalia
Status: in_force

(a) It is unlawful for any person to: (1) Own, possess, keep, use or train any bull, bear, dog, cock, swine or other animal, for the purpose of fighting, baiting or injuring another such animal, for amusement, sport or gain; (2) Cause, for amusement, sport or gain, any animal referenced in subdivision (a)(1) to fight, bait or injure another animal, or each other; (3) Permit any acts stated in subdivisions (a)(1) and (2) to be done on any premises under the person's charge or control, or aid or abet those acts; (4) Be knowingly present, as a spectator, at any place or building where preparations are being made for an exhibition for the fighting, baiting or injuring of any animal, with the intent to be present at the exhibition, fighting, baiting or injuring; (5) Knowingly cause a person under eighteen (18) years of age to attend an animal fight; or (6) Possess, own, buy, sell, transfer, or manufacture cock fighting paraphernalia with the intent that the paraphernalia be used in promoting, facilitating, training for, or furthering cock fighting. (b) It is the legislative intent that this section shall not apply to the training or use of hunting dogs for sport or to the training or use of dogs for law enforcement purposes. (c) (1) Except for any offense involving a cock, an offense under subdivisions (a)(1)-(3) is a Class E felony. Notwithstanding § 40-35-111 , in addition to any other penalty imposed, the court shall prohibit the defendant from having custody of any companion animal, as defined in § 39-14-212(b) , for a period of at least two (2) years from the date of conviction and may impose a lifetime prohibition. The court shall prohibit any person convicted of a second or subsequent offense under this subdivision (c)(1) from having custody of any companion animal for the person's lifetime. (2) An offense involving a cock under subdivisions (a)(1)-(3) is a Class A misdemeanor. (d) (1) A violation of subdivision (a)(4) or (a)(6) is a Class A misdemeanor. (2) A violation of subdivision (a)(5) is a Class A misdemeanor. Notwithstanding § 40-35-111(e)(1) , the fine for a violation of subdivision (a)(5) shall be not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500). (e) It is not an offense to own, possess or keep cocks, or aid or abet the ownership, possession or keeping of cocks, for the sole purpose of selling or transporting cocks to a location in which possession or keeping of cocks is legal, as long as it does not violate any other part of this section or federal law. (f) (1) For purposes of this section, "cock fighting paraphernalia" means gaffs, slashers, heels, or any other sharp implement designed to be attached in place of the natural spur of a cock or game fowl. (2) In determining whether a particular object is cock fighting paraphernalia, the court or other authority making that determination may, in addition to all other logically relevant factors, consider the following: (A) Statements by the owner or anyone in control of the object concerning its use; (B) Prior convictions, if any, of the owner or of anyone in control of the object for violation of any state or federal law relating to cock fighting or any other violation of this part; (C) The presence and condition of any animal on the same property; (D) Instructions, oral or written, provided with the object concerning its use; (E) Descriptive materials accompanying the object that explain or depict its use; (F) The manner in which the object is displayed for sale; (G) The existence and scope of legitimate uses for the object in the community; and (H) Expert testimony concerning its use. Amended by 2020 Tenn. Acts, ch. 570, s 1, eff. 7/1/2020. Amended by 2019 Tenn. Acts, ch. 164, Secs.s 2, s 3 eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 164, s 1, eff. 7/1/2019. Amended by 2015 Tenn. Acts, ch. 406, s 2, Sec.s 3 eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 406, s 1, eff. 7/1/2015. Acts 1989, ch. 591, § 1; 1990, ch. 625, §§ 1, 2; 2007 , ch. 216, § 1; 2007 , ch. 555, § 1.
(a) It is unlawful for any person to: (1) Own, possess, keep, use or train any bull, bear, dog, cock, swine or other animal, for the purpose of fighting, baiting or injuring another such animal, for amusement, sport or gain; (2) Cause, for amusement, sport or gain, any animal referenced in subdivision (a)(1) to fight, bait or injure another animal, or each other; (3) Permit any acts stated in subdivisions (a)(1) and (2) to be done on any premises under the person's charge or control, or aid or abet those acts; (4) Be knowingly present, as a spectator, at any place or building where preparations are being made for an exhibition for the fighting, baiting or injuring of any animal, with the intent to be present at the exhibition, fighting, baiting or injuring; (5) Knowingly cause a person under eighteen (18) years of age to attend an animal fight; or (6) Possess, own, buy, sell, transfer, or manufacture cock fighting paraphernalia with the intent that the paraphernalia be used in promoting, facilitating, training for, or furthering cock fighting.
(1) Own, possess, keep, use or train any bull, bear, dog, cock, swine or other animal, for the purpose of fighting, baiting or injuring another such animal, for amusement, sport or gain;
(2) Cause, for amusement, sport or gain, any animal referenced in subdivision (a)(1) to fight, bait or injure another animal, or each other;
(3) Permit any acts stated in subdivisions (a)(1) and (2) to be done on any premises under the person's charge or control, or aid or abet those acts;
(4) Be knowingly present, as a spectator, at any place or building where preparations are being made for an exhibition for the fighting, baiting or injuring of any animal, with the intent to be present at the exhibition, fighting, baiting or injuring;
(5) Knowingly cause a person under eighteen (18) years of age to attend an animal fight; or
(6) Possess, own, buy, sell, transfer, or manufacture cock fighting paraphernalia with the intent that the paraphernalia be used in promoting, facilitating, training for, or furthering cock fighting.
(b) It is the legislative intent that this section shall not apply to the training or use of hunting dogs for sport or to the training or use of dogs for law enforcement purposes.
(c) (1) Except for any offense involving a cock, an offense under subdivisions (a)(1)-(3) is a Class E felony. Notwithstanding § 40-35-111 , in addition to any other penalty imposed, the court shall prohibit the defendant from having custody of any companion animal, as defined in § 39-14-212(b) , for a period of at least two (2) years from the date of conviction and may impose a lifetime prohibition. The court shall prohibit any person convicted of a second or subsequent offense under this subdivision (c)(1) from having custody of any companion animal for the person's lifetime. (2) An offense involving a cock under subdivisions (a)(1)-(3) is a Class A misdemeanor.
(1) Except for any offense involving a cock, an offense under subdivisions (a)(1)-(3) is a Class E felony. Notwithstanding § 40-35-111 , in addition to any other penalty imposed, the court shall prohibit the defendant from having custody of any companion animal, as defined in § 39-14-212(b) , for a period of at least two (2) years from the date of conviction and may impose a lifetime prohibition. The court shall prohibit any person convicted of a second or subsequent offense under this subdivision (c)(1) from having custody of any companion animal for the person's lifetime.
(2) An offense involving a cock under subdivisions (a)(1)-(3) is a Class A misdemeanor.
(d) (1) A violation of subdivision (a)(4) or (a)(6) is a Class A misdemeanor. (2) A violation of subdivision (a)(5) is a Class A misdemeanor. Notwithstanding § 40-35-111(e)(1) , the fine for a violation of subdivision (a)(5) shall be not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500).
(1) A violation of subdivision (a)(4) or (a)(6) is a Class A misdemeanor.
(2) A violation of subdivision (a)(5) is a Class A misdemeanor. Notwithstanding § 40-35-111(e)(1) , the fine for a violation of subdivision (a)(5) shall be not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500).
(e) It is not an offense to own, possess or keep cocks, or aid or abet the ownership, possession or keeping of cocks, for the sole purpose of selling or transporting cocks to a location in which possession or keeping of cocks is legal, as long as it does not violate any other part of this section or federal law.
(f) (1) For purposes of this section, "cock fighting paraphernalia" means gaffs, slashers, heels, or any other sharp implement designed to be attached in place of the natural spur of a cock or game fowl. (2) In determining whether a particular object is cock fighting paraphernalia, the court or other authority making that determination may, in addition to all other logically relevant factors, consider the following: (A) Statements by the owner or anyone in control of the object concerning its use; (B) Prior convictions, if any, of the owner or of anyone in control of the object for violation of any state or federal law relating to cock fighting or any other violation of this part; (C) The presence and condition of any animal on the same property; (D) Instructions, oral or written, provided with the object concerning its use; (E) Descriptive materials accompanying the object that explain or depict its use; (F) The manner in which the object is displayed for sale; (G) The existence and scope of legitimate uses for the object in the community; and (H) Expert testimony concerning its use.
(1) For purposes of this section, "cock fighting paraphernalia" means gaffs, slashers, heels, or any other sharp implement designed to be attached in place of the natural spur of a cock or game fowl.
(2) In determining whether a particular object is cock fighting paraphernalia, the court or other authority making that determination may, in addition to all other logically relevant factors, consider the following: (A) Statements by the owner or anyone in control of the object concerning its use; (B) Prior convictions, if any, of the owner or of anyone in control of the object for violation of any state or federal law relating to cock fighting or any other violation of this part; (C) The presence and condition of any animal on the same property; (D) Instructions, oral or written, provided with the object concerning its use; (E) Descriptive materials accompanying the object that explain or depict its use; (F) The manner in which the object is displayed for sale; (G) The existence and scope of legitimate uses for the object in the community; and (H) Expert testimony concerning its use.
(A) Statements by the owner or anyone in control of the object concerning its use;
(B) Prior convictions, if any, of the owner or of anyone in control of the object for violation of any state or federal law relating to cock fighting or any other violation of this part;
(C) The presence and condition of any animal on the same property;
(D) Instructions, oral or written, provided with the object concerning its use;
(E) Descriptive materials accompanying the object that explain or depict its use;
(F) The manner in which the object is displayed for sale;
(G) The existence and scope of legitimate uses for the object in the community; and
(H) Expert testimony concerning its use.
Amended by 2020 Tenn. Acts, ch. 570, s 1, eff. 7/1/2020.
Amended by 2019 Tenn. Acts, ch. 164, Secs.s 2, s 3 eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 164, s 1, eff. 7/1/2019.
Amended by 2015 Tenn. Acts, ch. 406, s 2, Sec.s 3 eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 406, s 1, eff. 7/1/2015.
Acts 1989, ch. 591, § 1; 1990, ch. 625, §§ 1, 2; 2007 , ch. 216, § 1; 2007 , ch. 555, § 1.
Tenn. Code Ann. § 39-13-111 — TN Code / Title 39 / Chapter 13 / Section 39-13-111
Domestic assault
Status: in_force

(a) As used in this section, "domestic abuse victim" means any person who falls within the following categories: (1) Adults or minors who are current or former spouses; (2) Adults or minors who live together or who have lived together; (3) Adults or minors who are dating or who have dated or who have or had a sexual relationship, but does not include fraternization between two (2) individuals in a business or social context; (4) Adults or minors related by blood or adoption; (5) Adults or minors who are related or were formerly related by marriage; or (6) Adult or minor children of a person in a relationship that is described in subdivisions (a)(1)-(5). (b) A person commits domestic assault who commits an assault as defined in § 39-13-101 against a domestic abuse victim. (c) (1) A first conviction for domestic assault and a second or subsequent conviction for domestic assault committed in a manner prohibited by § 39-13-101(a)(2) and (a)(3) is punishable the same as assault under § 39-13-101 , and additionally, as provided in subdivisions (c)(2) and (c)(3) and subsections (d) and (e) of this section. (2) A second conviction for domestic assault committed in a manner prohibited by § 39-13-101(a)(1) is punishable by a fine of not less than three hundred fifty dollars ($350) nor more than three thousand five hundred dollars ($3,500), and by confinement in the county jail or workhouse for not less than thirty (30) consecutive days, nor more than eleven (11) months and twenty-nine (29) days. (3) A third or subsequent conviction for domestic assault, under § 39-13-101(a)(1) , is a Class E felony. The defendant must be sentenced to mandatory confinement of not less than ninety (90) consecutive days in the county jail or workhouse. The defendant must pay a fine of not less than one thousand one hundred dollars ($1,100) nor more than five thousand dollars ($5,000). (4) For purposes of this section, a person who is convicted of a violation of § 39-13-111 committed in a manner prohibited by § 39-13-101(a)(1) , shall not be subject to the enhanced penalties prescribed in this subsection (c), if ten (10) or more years have elapsed between the date of the present violation and the date of any immediately preceding violation of § 39-13-111 , committed in a manner prohibited by § 39-13-101(a)(1) , that resulted in a conviction for such offense. (5) In addition to any other punishment that may be imposed for a violation of this section, if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred twenty-five dollars ($225), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred twenty-five dollars ($225). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. This appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411 . (6) If a defendant pleads guilty or is found guilty of a domestic violence offense, as defined by this section or in § 40-14-109 , the judge shall immediately order that the defendant: (A) Terminate physical possession of all firearms in the defendant's possession within forty-eight (48) hours of the conviction by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms; and (B) (i) Complete an affidavit of firearms dispossession form and return it to the court in which the defendant was convicted when all firearms have been lawfully dispossessed as required by subdivision (c)(6)(A); (ii) The defendant may obtain the affidavit of dispossession from the court or court clerk or the defendant may be directed to obtain a copy from the website of the administrative office of the courts. (7) In addition to all other fines, fees, costs, and punishments now prescribed by law, the court shall assess each person convicted of domestic assault an electronic monitoring indigency fee of ten dollars ($10.00). All proceeds collected pursuant to this subdivision (c)(7) shall be transmitted to the treasurer for deposit in the electronic monitoring indigency fund, established in § 55-10-419 . (d) As part of a defendant's alternative sentencing for a violation of this section, the sentencing judge may direct the defendant to complete a drug or alcohol treatment program or available counseling programs that address violence and control issues including, but not limited to, a batterer's intervention program that has been certified by the domestic violence state coordinating council. Completion of a noncertified batterer's intervention program shall only be ordered if no certified program is available in the sentencing county. No batterer's intervention program, certified or noncertified, shall be deemed complete until the full term of the program is complete, and a judge may not require a defendant to attend less than the full term of a program as part of a plea agreement or otherwise. The defendant's knowing failure to complete such an intervention program shall be considered a violation of the defendant's alternative sentence program and the sentencing judge may revoke the defendant's participation in such program and order execution of sentence. (e) A person convicted of a violation under this section shall be required to serve at least the minimum sentence day for day. All persons sentenced under this section shall, in addition to service of at least the minimum sentence, be required to serve the difference between the time actually served and the maximum sentence on supervised probation. (f) A person convicted of a violation of this section involving strangulation or attempted strangulation shall be punished by a mandatory minimum sentence of thirty (30) days incarceration, which includes participation in programming that is evidence-based for domestic violence. Amended by 2024 Tenn. Acts, ch. 987,s 2, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 440, s 1, eff. 7/1/2023. Amended by 2018 Tenn. Acts, ch. 1046, s 2, eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 596, s 1, eff. 3/23/2018. Amended by 2017 Tenn. Acts, ch. 127, s 2, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 906, s 4, eff. 1/1/2017. Amended by 2014 Tenn. Acts, ch. 693, Secs.s 2, s 3, s 4 eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 693, s 1, eff. 7/1/2014. Acts 2000, ch. 824, § 1; 2002, ch. 649, § 3; 2008 , ch. 744, § 1; 2009 , ch. 455, § 4; 2010 , ch. 1061, §§ 1, 2; 2012 , ch. 931, § 1; 2012 , ch. 987, § 1.
(a) As used in this section, "domestic abuse victim" means any person who falls within the following categories: (1) Adults or minors who are current or former spouses; (2) Adults or minors who live together or who have lived together; (3) Adults or minors who are dating or who have dated or who have or had a sexual relationship, but does not include fraternization between two (2) individuals in a business or social context; (4) Adults or minors related by blood or adoption; (5) Adults or minors who are related or were formerly related by marriage; or (6) Adult or minor children of a person in a relationship that is described in subdivisions (a)(1)-(5).
(1) Adults or minors who are current or former spouses;
(2) Adults or minors who live together or who have lived together;
(3) Adults or minors who are dating or who have dated or who have or had a sexual relationship, but does not include fraternization between two (2) individuals in a business or social context;
(4) Adults or minors related by blood or adoption;
(5) Adults or minors who are related or were formerly related by marriage; or
(6) Adult or minor children of a person in a relationship that is described in subdivisions (a)(1)-(5).
(b) A person commits domestic assault who commits an assault as defined in § 39-13-101 against a domestic abuse victim.
(c) (1) A first conviction for domestic assault and a second or subsequent conviction for domestic assault committed in a manner prohibited by § 39-13-101(a)(2) and (a)(3) is punishable the same as assault under § 39-13-101 , and additionally, as provided in subdivisions (c)(2) and (c)(3) and subsections (d) and (e) of this section. (2) A second conviction for domestic assault committed in a manner prohibited by § 39-13-101(a)(1) is punishable by a fine of not less than three hundred fifty dollars ($350) nor more than three thousand five hundred dollars ($3,500), and by confinement in the county jail or workhouse for not less than thirty (30) consecutive days, nor more than eleven (11) months and twenty-nine (29) days. (3) A third or subsequent conviction for domestic assault, under § 39-13-101(a)(1) , is a Class E felony. The defendant must be sentenced to mandatory confinement of not less than ninety (90) consecutive days in the county jail or workhouse. The defendant must pay a fine of not less than one thousand one hundred dollars ($1,100) nor more than five thousand dollars ($5,000). (4) For purposes of this section, a person who is convicted of a violation of § 39-13-111 committed in a manner prohibited by § 39-13-101(a)(1) , shall not be subject to the enhanced penalties prescribed in this subsection (c), if ten (10) or more years have elapsed between the date of the present violation and the date of any immediately preceding violation of § 39-13-111 , committed in a manner prohibited by § 39-13-101(a)(1) , that resulted in a conviction for such offense. (5) In addition to any other punishment that may be imposed for a violation of this section, if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred twenty-five dollars ($225), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred twenty-five dollars ($225). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. This appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411 . (6) If a defendant pleads guilty or is found guilty of a domestic violence offense, as defined by this section or in § 40-14-109 , the judge shall immediately order that the defendant: (A) Terminate physical possession of all firearms in the defendant's possession within forty-eight (48) hours of the conviction by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms; and (B) (i) Complete an affidavit of firearms dispossession form and return it to the court in which the defendant was convicted when all firearms have been lawfully dispossessed as required by subdivision (c)(6)(A); (ii) The defendant may obtain the affidavit of dispossession from the court or court clerk or the defendant may be directed to obtain a copy from the website of the administrative office of the courts. (7) In addition to all other fines, fees, costs, and punishments now prescribed by law, the court shall assess each person convicted of domestic assault an electronic monitoring indigency fee of ten dollars ($10.00). All proceeds collected pursuant to this subdivision (c)(7) shall be transmitted to the treasurer for deposit in the electronic monitoring indigency fund, established in § 55-10-419 .
(1) A first conviction for domestic assault and a second or subsequent conviction for domestic assault committed in a manner prohibited by § 39-13-101(a)(2) and (a)(3) is punishable the same as assault under § 39-13-101 , and additionally, as provided in subdivisions (c)(2) and (c)(3) and subsections (d) and (e) of this section.
(2) A second conviction for domestic assault committed in a manner prohibited by § 39-13-101(a)(1) is punishable by a fine of not less than three hundred fifty dollars ($350) nor more than three thousand five hundred dollars ($3,500), and by confinement in the county jail or workhouse for not less than thirty (30) consecutive days, nor more than eleven (11) months and twenty-nine (29) days.
(3) A third or subsequent conviction for domestic assault, under § 39-13-101(a)(1) , is a Class E felony. The defendant must be sentenced to mandatory confinement of not less than ninety (90) consecutive days in the county jail or workhouse. The defendant must pay a fine of not less than one thousand one hundred dollars ($1,100) nor more than five thousand dollars ($5,000).
(4) For purposes of this section, a person who is convicted of a violation of § 39-13-111 committed in a manner prohibited by § 39-13-101(a)(1) , shall not be subject to the enhanced penalties prescribed in this subsection (c), if ten (10) or more years have elapsed between the date of the present violation and the date of any immediately preceding violation of § 39-13-111 , committed in a manner prohibited by § 39-13-101(a)(1) , that resulted in a conviction for such offense.
(5) In addition to any other punishment that may be imposed for a violation of this section, if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred twenty-five dollars ($225), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred twenty-five dollars ($225). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. This appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411 .
(6) If a defendant pleads guilty or is found guilty of a domestic violence offense, as defined by this section or in § 40-14-109 , the judge shall immediately order that the defendant: (A) Terminate physical possession of all firearms in the defendant's possession within forty-eight (48) hours of the conviction by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms; and (B) (i) Complete an affidavit of firearms dispossession form and return it to the court in which the defendant was convicted when all firearms have been lawfully dispossessed as required by subdivision (c)(6)(A); (ii) The defendant may obtain the affidavit of dispossession from the court or court clerk or the defendant may be directed to obtain a copy from the website of the administrative office of the courts.
(A) Terminate physical possession of all firearms in the defendant's possession within forty-eight (48) hours of the conviction by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms; and
(B) (i) Complete an affidavit of firearms dispossession form and return it to the court in which the defendant was convicted when all firearms have been lawfully dispossessed as required by subdivision (c)(6)(A); (ii) The defendant may obtain the affidavit of dispossession from the court or court clerk or the defendant may be directed to obtain a copy from the website of the administrative office of the courts.
(i) Complete an affidavit of firearms dispossession form and return it to the court in which the defendant was convicted when all firearms have been lawfully dispossessed as required by subdivision (c)(6)(A);
(ii) The defendant may obtain the affidavit of dispossession from the court or court clerk or the defendant may be directed to obtain a copy from the website of the administrative office of the courts.
(7) In addition to all other fines, fees, costs, and punishments now prescribed by law, the court shall assess each person convicted of domestic assault an electronic monitoring indigency fee of ten dollars ($10.00). All proceeds collected pursuant to this subdivision (c)(7) shall be transmitted to the treasurer for deposit in the electronic monitoring indigency fund, established in § 55-10-419 .
(d) As part of a defendant's alternative sentencing for a violation of this section, the sentencing judge may direct the defendant to complete a drug or alcohol treatment program or available counseling programs that address violence and control issues including, but not limited to, a batterer's intervention program that has been certified by the domestic violence state coordinating council. Completion of a noncertified batterer's intervention program shall only be ordered if no certified program is available in the sentencing county. No batterer's intervention program, certified or noncertified, shall be deemed complete until the full term of the program is complete, and a judge may not require a defendant to attend less than the full term of a program as part of a plea agreement or otherwise. The defendant's knowing failure to complete such an intervention program shall be considered a violation of the defendant's alternative sentence program and the sentencing judge may revoke the defendant's participation in such program and order execution of sentence.
(e) A person convicted of a violation under this section shall be required to serve at least the minimum sentence day for day. All persons sentenced under this section shall, in addition to service of at least the minimum sentence, be required to serve the difference between the time actually served and the maximum sentence on supervised probation.
(f) A person convicted of a violation of this section involving strangulation or attempted strangulation shall be punished by a mandatory minimum sentence of thirty (30) days incarceration, which includes participation in programming that is evidence-based for domestic violence.
Amended by 2024 Tenn. Acts, ch. 987,s 2, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 440, s 1, eff. 7/1/2023.
Amended by 2018 Tenn. Acts, ch. 1046, s 2, eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 596, s 1, eff. 3/23/2018.
Amended by 2017 Tenn. Acts, ch. 127, s 2, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 906, s 4, eff. 1/1/2017.
Amended by 2014 Tenn. Acts, ch. 693, Secs.s 2, s 3, s 4 eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 693, s 1, eff. 7/1/2014.
Acts 2000, ch. 824, § 1; 2002, ch. 649, § 3; 2008 , ch. 744, § 1; 2009 , ch. 455, § 4; 2010 , ch. 1061, §§ 1, 2; 2012 , ch. 931, § 1; 2012 , ch. 987, § 1.
Tenn. Code Ann. § 39-17-431 — TN Code / Title 39 / Chapter 17 / Section 39-17-431
Immediate methamphetamine precursor - Prohibitions
Status: in_force

(a) Except as provided in this section, any product that contains any immediate methamphetamine precursor may be dispensed only by a licensed pharmacy. (b) (1) A product or category of products that contains any immediate methamphetamine precursor shall be exempt from the requirements of this section if the ingredients are not in a form that can be used in the manufacture of methamphetamine. (2) The board of pharmacy, in consultation with the Tennessee bureau of investigation (TBI), shall determine whether a product or category of products that contain any immediate methamphetamine precursor is not in a form that can be used in the manufacture of methamphetamine. In making such a determination, the board shall solicit the written opinion of the bureau and work with the bureau to develop procedures that consider, among other factors: (A) The ease with which the product can be converted to methamphetamine, including the presence or absence of a "molecular lock" completely preventing a product's use in methamphetamine manufacture; (B) The ease with which pseudoephedrine can be extracted from a product and whether it forms a salt, emulsion, or other form; and (C) Any other pertinent data that can be used to determine the risk of a product being viable in the illegal manufacture of methamphetamine. (3) The board of pharmacy shall maintain a public list of the exempted products or categories of products. Any person may request that a product or category of products be included on the exemption list. (c) (1) A pharmacy shall not sell products containing ephedrine or pseudoephedrine base, or their salts, isomers, or salts of isomers to the same person in an amount more than: (A) Seven and two tenths (7.2) grams in any period of thirty (30) consecutive days; or (B) Forty-three and two tenths (43.2) grams in any one-year period. (2) A person shall not purchase products containing ephedrine or pseudoephedrine base, or their salts, isomers, or salts of isomers in an amount more than: (A) Seven and two tenths (7.2) grams in any period of thirty (30) consecutive days; or (B) Forty-three and two tenths (43.2) grams in any one-year period. (3) The limits in this subsection (c) shall apply whether one (1) form of identification required in subsection (d) is used to make the purchase or if two (2) or more forms of identification required in subsection (d) are used to purchase the products. The limits contained in this subsection (c) shall apply to the amount of ephedrine or pseudoephedrine base, or their salts, isomers, or salts of isomers contained in a product. The prohibitions contained in this subsection (c) shall not apply to a person who obtains the product or products pursuant to a valid prescription issued by a licensed healthcare practitioner authorized to prescribe by the laws of the state. (4) This subsection (c) also shall apply to pharmacist-generated prescription orders of the product pursuant to § 63-10-206 . The provision of the patient education and counseling as a part of the practice of pharmacy shall be required when any product is issued under this subsection (c). (5) There shall be no protocol or procedure mandated by any individual or corporate entity that interferes with the pharmacist's professional duty to counsel and evaluate the patient's appropriate pharmaceutical needs and the exercise of the pharmacist's professional judgment as to whether it is appropriate to dispense medication as set forth in subsection (d) or otherwise. (d) The pharmacist or pharmacy intern under the supervision of the pharmacist shall require any person purchasing an over-the-counter product containing pseudoephedrine or ephedrine to present valid government issued photo identification at the point of sale. The pharmacist or pharmacy intern shall counsel with the person seeking to purchase the product as to the reasons for needing the product and may decline the sale if the pharmacist or pharmacy intern believes the sale is not for a legitimate medical purpose. The pharmacist, pharmacy technician, or pharmacy intern shall maintain an electronic record of the sale under this subsection (d) and the record may be maintained in the form of a pharmacist prescription order as provided by § 63-10-206(c) . The electronic record shall include the name and address of purchaser; name and quantity of product purchased; date and time purchased; purchaser identification type and number, such as driver license state and number; and the identity, such as name, initials or identification code, of the dispensing pharmacist or pharmacy intern. If a system is not able to record the identification type and number, the pharmacist, pharmacy technician, or pharmacy intern shall write the identification type and number on the prescription order. The electronic record shall also be maintained in a manner that allows for the determination of the equivalent number of packages purchased and total quantity of base ephedrine or pseudoephedrine purchased. (e) (1) By January 1, 2012, each pharmacy in this state shall have in place and operational all equipment necessary to access and use the National Precursor Log Exchange (NPLEx) administered by the National Association of Drug Diversion Investigators (NADDI). The NPLEx system shall be available for access and use free of charge to the pharmacies and this state. (2) Beginning January 1, 2012, before completing a sale of an over-the-counter product containing pseudoephedrine or ephedrine not otherwise excluded from the record keeping requirement, a pharmacy shall electronically submit the required information to NPLEx administered by NADDI. On learning of a data entry error in which a transaction was submitted to NPLEx when it should not have been, the pharmacy shall submit a data entry error correction to NPLEx to remedy the error and prevent an inappropriate stop sale alert from being generated for a person who may seek to purchase an over-the-counter product containing pseudoephedrine or ephedrine. Except as provided in subsection (j), the seller shall not complete the sale if the system generates a stop sale alert. (3) Absent negligence, wantonness, recklessness, or deliberate misconduct, any pharmacy utilizing the electronic sales tracking system in accordance with this subsection (e) shall not be civilly liable as a result of any act or omission in carrying out the duties required by this subsection (e) and shall be immune from liability to any third party unless the retailer has violated this subsection (e) in relation to a claim brought for such violation. This subsection (e) shall not apply to a person who obtains the product or products pursuant to a valid prescription. (4) The data entered into, stored and maintained by the NPLEx may only be used by law enforcement officials, healthcare professionals and pharmacists and only for controlling the sale of methamphetamine precursors. (5) If, for any reason, the NPLEx administered by NADDI is no longer the system used in this state to track the sale of methamphetamine precursors, whether because the system no longer functions, is no longer in existence, is no longer offered to the state without cost, or is otherwise no longer available, each pharmacy shall switch to and commence using the Tennessee Methamphetamine Information System (TMIS), as soon as the equipment necessary to access and use the system is made available at no charge to the pharmacy. TMIS shall be available for access and use free of charge to the pharmacies. (f) If a pharmacy selling an over-the-counter product containing pseudoephedrine or ephedrine experiences mechanical or electronic failure of the tracking system and is unable to comply with the electronic sales tracking requirement, the pharmacy or retail establishment shall maintain a written log until such time as the pharmacy or retail establishment is able to comply with the electronic sales tracking requirement. (g) A pharmacy selling an over-the-counter product containing pseudoephedrine or ephedrine may seek an exemption from submitting transactions to the electronic sales tracking system in writing to the board of pharmacy stating the reasons therefore. The board of pharmacy may grant an exemption for good cause shown, but in no event shall such exemption exceed one hundred eighty (180) days. Any pharmacy or retail establishment that receives an exemption shall maintain a hardcopy logbook and must still require the purchaser to provide the information required under this section before completion of any sale. The logbook shall be maintained as a record of each sale for inspection by any law enforcement officer or inspector of the board of pharmacy during normal business hours. (h) Nonexempt products containing an immediate methamphetamine precursor shall be maintained behind-the-counter of the pharmacy or in a locked case within view of and within twenty-five feet (25') of the counter. (i) All data that is collected from Tennessee pharmacies and stored in the NPLEx will be downloaded and exported by electronic means to TMIS at least every twenty-four (24) hours. This export of data will be in a version in compliance with the National Information Exchange Standard and agreed to by both the TBI and NADDI. The export will be executed without a charge to TMIS or any agency of this state. Any and all data exported to, obtained by, gathered by, transmitted to and/or stored by TMIS or its designee, once received from NADDI, is the property of this state. TMIS has the authority to control, administer, and disseminate, at its discretion, this transaction data for the purpose of enforcing federal and state laws. In addition to the exporting of data to TMIS, real time access to NPLEx information through the NPLEx online portal shall be provided to law enforcement in the state free of charge. (j) (1) NPLEx shall generate a stop sale alert, if completion of a sale would result in the seller or purchaser violating the quantity limits set forth in this section. The system shall contain an override function that may be used by a dispenser of ephedrine or pseudoephedrine who has a reasonable fear of imminent bodily harm if the sale is not completed. Each instance in which the override function is utilized shall be logged by the system. (2) In instances when a data entry correction has been submitted to the NPLEx concerning a purchaser in accord with subdivision (e)(2), the NPLEx shall not generate a stop sale alert in cases where the quantity limit is exceeded due to the data entry error for which the correction was submitted. (k) A violation of subsections (a)-(j) is a Class A misdemeanor, punishable by fine only. If the person in violation is a licensed pharmacy or pharmacist, the violation shall be reported to the board of pharmacy for review and appropriate action. If a product is dispensed in violation of subsection (a), the owner or operator of the wholesale or retail establishment dispensing the product shall be in violation of subsection (a). (l) (1) The TBI, in cooperation with NADDI which administers NPLEx, shall devise a method to electronically notify NADDI at least every seven (7) days of any person placed on the methamphetamine registry pursuant to § 39-17-436(b) . The notification shall include the first, middle and last names of the person, the person's date of birth and the person's driver license number or any other state or federal identification number. NPLEx shall be designed to generate a stop-sale alert for any purchaser whose name has been submitted to the registry. Such person shall be prohibited from purchasing nonexempt products at the point-of-sale using NPLEx. (2) The bureau shall also notify NADDI when a person is removed from the methamphetamine registry pursuant to § 39-17-436(e) . When notified, the person shall be removed from NPLEx and is permitted to purchase nonexempt products. (3) (A) Any person who sells or delivers a nonexempt substance to a person known to be on the methamphetamine registry commits a Class A misdemeanor. (B) Any person who purchases or attempts to purchase a nonexempt substance while such person is on the methamphetamine registry commits a Class A misdemeanor. (m) (1) It is an offense for a person not authorized to do so to knowingly engage in any of the following conduct with respect to a nonexempt product containing an immediate methamphetamine precursor and required to be maintained behind-the-counter of the pharmacy as specified in subsection (h): (A) Attempt to sell the product knowing that it will be used to produce methamphetamine, or with reckless disregard of its intended use; (B) Attempt to purchase the product with the intent to manufacture methamphetamine or deliver the product to another person whom they know intends to manufacture methamphetamine, or with reckless disregard of the other person's intent; (C) Purchase the product at different times or locations for the purpose of circumventing the maximum allowable quantity of the product that may lawfully be purchased during a thirty-day or one-year period; or (D) Use a false identification to purchase the product for the purpose of circumventing the maximum allowable quantity of the product that may lawfully be purchased during a thirty-day or one-year period. (2) A violation of this subsection (m) shall be a Class A misdemeanor. All proceeds from fines imposed pursuant to this subsection (m) shall be used by the jurisdiction making the arrest for methamphetamine clean-up activities in that jurisdiction. (n) This section shall supersede any local laws or ordinances currently regulating sales of products containing any immediate methamphetamine precursor. (o) For the purposes of this section, "pharmacy" means only a pharmacy operating under title 63, chapter 10, which sells any immediate methamphetamine precursor at retail to the public. (p) No person under eighteen (18) years of age may purchase a product that contains any immediate methamphetamine precursor, except pursuant to a valid prescription issued by a licensed healthcare practitioner authorized to prescribe by the law of the state or a pharmacist generated prescription issued pursuant to § 63-10-206 . Amended by 2024 Tenn. Acts, ch. 846,s 1, eff. 7/1/2024. Amended by 2015 Tenn. Acts, ch. 59, s 1, eff. 4/6/2015. Amended by 2014 Tenn. Acts, ch. 906, s 1, eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 906, Secs.s 2, s 3 eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 828, s 2, eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 828, s 1, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 236, s 61, eff. 4/19/2013. Acts 1995, ch. 123, § 1; 2005, ch. 18, § 2; 2011 , ch. 292, § 2; 2012 , ch. 764, §§ 1, 2; 2012 , ch. 911, §§ 2, 3.
(a) Except as provided in this section, any product that contains any immediate methamphetamine precursor may be dispensed only by a licensed pharmacy.
(b) (1) A product or category of products that contains any immediate methamphetamine precursor shall be exempt from the requirements of this section if the ingredients are not in a form that can be used in the manufacture of methamphetamine. (2) The board of pharmacy, in consultation with the Tennessee bureau of investigation (TBI), shall determine whether a product or category of products that contain any immediate methamphetamine precursor is not in a form that can be used in the manufacture of methamphetamine. In making such a determination, the board shall solicit the written opinion of the bureau and work with the bureau to develop procedures that consider, among other factors: (A) The ease with which the product can be converted to methamphetamine, including the presence or absence of a "molecular lock" completely preventing a product's use in methamphetamine manufacture; (B) The ease with which pseudoephedrine can be extracted from a product and whether it forms a salt, emulsion, or other form; and (C) Any other pertinent data that can be used to determine the risk of a product being viable in the illegal manufacture of methamphetamine. (3) The board of pharmacy shall maintain a public list of the exempted products or categories of products. Any person may request that a product or category of products be included on the exemption list.
(1) A product or category of products that contains any immediate methamphetamine precursor shall be exempt from the requirements of this section if the ingredients are not in a form that can be used in the manufacture of methamphetamine.
(2) The board of pharmacy, in consultation with the Tennessee bureau of investigation (TBI), shall determine whether a product or category of products that contain any immediate methamphetamine precursor is not in a form that can be used in the manufacture of methamphetamine. In making such a determination, the board shall solicit the written opinion of the bureau and work with the bureau to develop procedures that consider, among other factors: (A) The ease with which the product can be converted to methamphetamine, including the presence or absence of a "molecular lock" completely preventing a product's use in methamphetamine manufacture; (B) The ease with which pseudoephedrine can be extracted from a product and whether it forms a salt, emulsion, or other form; and (C) Any other pertinent data that can be used to determine the risk of a product being viable in the illegal manufacture of methamphetamine.
(A) The ease with which the product can be converted to methamphetamine, including the presence or absence of a "molecular lock" completely preventing a product's use in methamphetamine manufacture;
(B) The ease with which pseudoephedrine can be extracted from a product and whether it forms a salt, emulsion, or other form; and
(C) Any other pertinent data that can be used to determine the risk of a product being viable in the illegal manufacture of methamphetamine.
(3) The board of pharmacy shall maintain a public list of the exempted products or categories of products. Any person may request that a product or category of products be included on the exemption list.
(c) (1) A pharmacy shall not sell products containing ephedrine or pseudoephedrine base, or their salts, isomers, or salts of isomers to the same person in an amount more than: (A) Seven and two tenths (7.2) grams in any period of thirty (30) consecutive days; or (B) Forty-three and two tenths (43.2) grams in any one-year period. (2) A person shall not purchase products containing ephedrine or pseudoephedrine base, or their salts, isomers, or salts of isomers in an amount more than: (A) Seven and two tenths (7.2) grams in any period of thirty (30) consecutive days; or (B) Forty-three and two tenths (43.2) grams in any one-year period. (3) The limits in this subsection (c) shall apply whether one (1) form of identification required in subsection (d) is used to make the purchase or if two (2) or more forms of identification required in subsection (d) are used to purchase the products. The limits contained in this subsection (c) shall apply to the amount of ephedrine or pseudoephedrine base, or their salts, isomers, or salts of isomers contained in a product. The prohibitions contained in this subsection (c) shall not apply to a person who obtains the product or products pursuant to a valid prescription issued by a licensed healthcare practitioner authorized to prescribe by the laws of the state. (4) This subsection (c) also shall apply to pharmacist-generated prescription orders of the product pursuant to § 63-10-206 . The provision of the patient education and counseling as a part of the practice of pharmacy shall be required when any product is issued under this subsection (c). (5) There shall be no protocol or procedure mandated by any individual or corporate entity that interferes with the pharmacist's professional duty to counsel and evaluate the patient's appropriate pharmaceutical needs and the exercise of the pharmacist's professional judgment as to whether it is appropriate to dispense medication as set forth in subsection (d) or otherwise.
(1) A pharmacy shall not sell products containing ephedrine or pseudoephedrine base, or their salts, isomers, or salts of isomers to the same person in an amount more than: (A) Seven and two tenths (7.2) grams in any period of thirty (30) consecutive days; or (B) Forty-three and two tenths (43.2) grams in any one-year period.
(A) Seven and two tenths (7.2) grams in any period of thirty (30) consecutive days; or
(B) Forty-three and two tenths (43.2) grams in any one-year period.
(2) A person shall not purchase products containing ephedrine or pseudoephedrine base, or their salts, isomers, or salts of isomers in an amount more than: (A) Seven and two tenths (7.2) grams in any period of thirty (30) consecutive days; or (B) Forty-three and two tenths (43.2) grams in any one-year period.
(A) Seven and two tenths (7.2) grams in any period of thirty (30) consecutive days; or
(B) Forty-three and two tenths (43.2) grams in any one-year period.
(3) The limits in this subsection (c) shall apply whether one (1) form of identification required in subsection (d) is used to make the purchase or if two (2) or more forms of identification required in subsection (d) are used to purchase the products. The limits contained in this subsection (c) shall apply to the amount of ephedrine or pseudoephedrine base, or their salts, isomers, or salts of isomers contained in a product. The prohibitions contained in this subsection (c) shall not apply to a person who obtains the product or products pursuant to a valid prescription issued by a licensed healthcare practitioner authorized to prescribe by the laws of the state.
(4) This subsection (c) also shall apply to pharmacist-generated prescription orders of the product pursuant to § 63-10-206 . The provision of the patient education and counseling as a part of the practice of pharmacy shall be required when any product is issued under this subsection (c).
(5) There shall be no protocol or procedure mandated by any individual or corporate entity that interferes with the pharmacist's professional duty to counsel and evaluate the patient's appropriate pharmaceutical needs and the exercise of the pharmacist's professional judgment as to whether it is appropriate to dispense medication as set forth in subsection (d) or otherwise.
(d) The pharmacist or pharmacy intern under the supervision of the pharmacist shall require any person purchasing an over-the-counter product containing pseudoephedrine or ephedrine to present valid government issued photo identification at the point of sale. The pharmacist or pharmacy intern shall counsel with the person seeking to purchase the product as to the reasons for needing the product and may decline the sale if the pharmacist or pharmacy intern believes the sale is not for a legitimate medical purpose. The pharmacist, pharmacy technician, or pharmacy intern shall maintain an electronic record of the sale under this subsection (d) and the record may be maintained in the form of a pharmacist prescription order as provided by § 63-10-206(c) . The electronic record shall include the name and address of purchaser; name and quantity of product purchased; date and time purchased; purchaser identification type and number, such as driver license state and number; and the identity, such as name, initials or identification code, of the dispensing pharmacist or pharmacy intern. If a system is not able to record the identification type and number, the pharmacist, pharmacy technician, or pharmacy intern shall write the identification type and number on the prescription order. The electronic record shall also be maintained in a manner that allows for the determination of the equivalent number of packages purchased and total quantity of base ephedrine or pseudoephedrine purchased.
(e) (1) By January 1, 2012, each pharmacy in this state shall have in place and operational all equipment necessary to access and use the National Precursor Log Exchange (NPLEx) administered by the National Association of Drug Diversion Investigators (NADDI). The NPLEx system shall be available for access and use free of charge to the pharmacies and this state. (2) Beginning January 1, 2012, before completing a sale of an over-the-counter product containing pseudoephedrine or ephedrine not otherwise excluded from the record keeping requirement, a pharmacy shall electronically submit the required information to NPLEx administered by NADDI. On learning of a data entry error in which a transaction was submitted to NPLEx when it should not have been, the pharmacy shall submit a data entry error correction to NPLEx to remedy the error and prevent an inappropriate stop sale alert from being generated for a person who may seek to purchase an over-the-counter product containing pseudoephedrine or ephedrine. Except as provided in subsection (j), the seller shall not complete the sale if the system generates a stop sale alert. (3) Absent negligence, wantonness, recklessness, or deliberate misconduct, any pharmacy utilizing the electronic sales tracking system in accordance with this subsection (e) shall not be civilly liable as a result of any act or omission in carrying out the duties required by this subsection (e) and shall be immune from liability to any third party unless the retailer has violated this subsection (e) in relation to a claim brought for such violation. This subsection (e) shall not apply to a person who obtains the product or products pursuant to a valid prescription. (4) The data entered into, stored and maintained by the NPLEx may only be used by law enforcement officials, healthcare professionals and pharmacists and only for controlling the sale of methamphetamine precursors. (5) If, for any reason, the NPLEx administered by NADDI is no longer the system used in this state to track the sale of methamphetamine precursors, whether because the system no longer functions, is no longer in existence, is no longer offered to the state without cost, or is otherwise no longer available, each pharmacy shall switch to and commence using the Tennessee Methamphetamine Information System (TMIS), as soon as the equipment necessary to access and use the system is made available at no charge to the pharmacy. TMIS shall be available for access and use free of charge to the pharmacies.
(1) By January 1, 2012, each pharmacy in this state shall have in place and operational all equipment necessary to access and use the National Precursor Log Exchange (NPLEx) administered by the National Association of Drug Diversion Investigators (NADDI). The NPLEx system shall be available for access and use free of charge to the pharmacies and this state.
(2) Beginning January 1, 2012, before completing a sale of an over-the-counter product containing pseudoephedrine or ephedrine not otherwise excluded from the record keeping requirement, a pharmacy shall electronically submit the required information to NPLEx administered by NADDI. On learning of a data entry error in which a transaction was submitted to NPLEx when it should not have been, the pharmacy shall submit a data entry error correction to NPLEx to remedy the error and prevent an inappropriate stop sale alert from being generated for a person who may seek to purchase an over-the-counter product containing pseudoephedrine or ephedrine. Except as provided in subsection (j), the seller shall not complete the sale if the system generates a stop sale alert.
(3) Absent negligence, wantonness, recklessness, or deliberate misconduct, any pharmacy utilizing the electronic sales tracking system in accordance with this subsection (e) shall not be civilly liable as a result of any act or omission in carrying out the duties required by this subsection (e) and shall be immune from liability to any third party unless the retailer has violated this subsection (e) in relation to a claim brought for such violation. This subsection (e) shall not apply to a person who obtains the product or products pursuant to a valid prescription.
(4) The data entered into, stored and maintained by the NPLEx may only be used by law enforcement officials, healthcare professionals and pharmacists and only for controlling the sale of methamphetamine precursors.
(5) If, for any reason, the NPLEx administered by NADDI is no longer the system used in this state to track the sale of methamphetamine precursors, whether because the system no longer functions, is no longer in existence, is no longer offered to the state without cost, or is otherwise no longer available, each pharmacy shall switch to and commence using the Tennessee Methamphetamine Information System (TMIS), as soon as the equipment necessary to access and use the system is made available at no charge to the pharmacy. TMIS shall be available for access and use free of charge to the pharmacies.
(f) If a pharmacy selling an over-the-counter product containing pseudoephedrine or ephedrine experiences mechanical or electronic failure of the tracking system and is unable to comply with the electronic sales tracking requirement, the pharmacy or retail establishment shall maintain a written log until such time as the pharmacy or retail establishment is able to comply with the electronic sales tracking requirement.
(g) A pharmacy selling an over-the-counter product containing pseudoephedrine or ephedrine may seek an exemption from submitting transactions to the electronic sales tracking system in writing to the board of pharmacy stating the reasons therefore. The board of pharmacy may grant an exemption for good cause shown, but in no event shall such exemption exceed one hundred eighty (180) days. Any pharmacy or retail establishment that receives an exemption shall maintain a hardcopy logbook and must still require the purchaser to provide the information required under this section before completion of any sale. The logbook shall be maintained as a record of each sale for inspection by any law enforcement officer or inspector of the board of pharmacy during normal business hours.
(h) Nonexempt products containing an immediate methamphetamine precursor shall be maintained behind-the-counter of the pharmacy or in a locked case within view of and within twenty-five feet (25') of the counter.
(i) All data that is collected from Tennessee pharmacies and stored in the NPLEx will be downloaded and exported by electronic means to TMIS at least every twenty-four (24) hours. This export of data will be in a version in compliance with the National Information Exchange Standard and agreed to by both the TBI and NADDI. The export will be executed without a charge to TMIS or any agency of this state. Any and all data exported to, obtained by, gathered by, transmitted to and/or stored by TMIS or its designee, once received from NADDI, is the property of this state. TMIS has the authority to control, administer, and disseminate, at its discretion, this transaction data for the purpose of enforcing federal and state laws. In addition to the exporting of data to TMIS, real time access to NPLEx information through the NPLEx online portal shall be provided to law enforcement in the state free of charge.
(j) (1) NPLEx shall generate a stop sale alert, if completion of a sale would result in the seller or purchaser violating the quantity limits set forth in this section. The system shall contain an override function that may be used by a dispenser of ephedrine or pseudoephedrine who has a reasonable fear of imminent bodily harm if the sale is not completed. Each instance in which the override function is utilized shall be logged by the system. (2) In instances when a data entry correction has been submitted to the NPLEx concerning a purchaser in accord with subdivision (e)(2), the NPLEx shall not generate a stop sale alert in cases where the quantity limit is exceeded due to the data entry error for which the correction was submitted.
(1) NPLEx shall generate a stop sale alert, if completion of a sale would result in the seller or purchaser violating the quantity limits set forth in this section. The system shall contain an override function that may be used by a dispenser of ephedrine or pseudoephedrine who has a reasonable fear of imminent bodily harm if the sale is not completed. Each instance in which the override function is utilized shall be logged by the system.
(2) In instances when a data entry correction has been submitted to the NPLEx concerning a purchaser in accord with subdivision (e)(2), the NPLEx shall not generate a stop sale alert in cases where the quantity limit is exceeded due to the data entry error for which the correction was submitted.
(k) A violation of subsections (a)-(j) is a Class A misdemeanor, punishable by fine only. If the person in violation is a licensed pharmacy or pharmacist, the violation shall be reported to the board of pharmacy for review and appropriate action. If a product is dispensed in violation of subsection (a), the owner or operator of the wholesale or retail establishment dispensing the product shall be in violation of subsection (a).
(l) (1) The TBI, in cooperation with NADDI which administers NPLEx, shall devise a method to electronically notify NADDI at least every seven (7) days of any person placed on the methamphetamine registry pursuant to § 39-17-436(b) . The notification shall include the first, middle and last names of the person, the person's date of birth and the person's driver license number or any other state or federal identification number. NPLEx shall be designed to generate a stop-sale alert for any purchaser whose name has been submitted to the registry. Such person shall be prohibited from purchasing nonexempt products at the point-of-sale using NPLEx. (2) The bureau shall also notify NADDI when a person is removed from the methamphetamine registry pursuant to § 39-17-436(e) . When notified, the person shall be removed from NPLEx and is permitted to purchase nonexempt products. (3) (A) Any person who sells or delivers a nonexempt substance to a person known to be on the methamphetamine registry commits a Class A misdemeanor. (B) Any person who purchases or attempts to purchase a nonexempt substance while such person is on the methamphetamine registry commits a Class A misdemeanor.
(1) The TBI, in cooperation with NADDI which administers NPLEx, shall devise a method to electronically notify NADDI at least every seven (7) days of any person placed on the methamphetamine registry pursuant to § 39-17-436(b) . The notification shall include the first, middle and last names of the person, the person's date of birth and the person's driver license number or any other state or federal identification number. NPLEx shall be designed to generate a stop-sale alert for any purchaser whose name has been submitted to the registry. Such person shall be prohibited from purchasing nonexempt products at the point-of-sale using NPLEx.
(2) The bureau shall also notify NADDI when a person is removed from the methamphetamine registry pursuant to § 39-17-436(e) . When notified, the person shall be removed from NPLEx and is permitted to purchase nonexempt products.
(3) (A) Any person who sells or delivers a nonexempt substance to a person known to be on the methamphetamine registry commits a Class A misdemeanor. (B) Any person who purchases or attempts to purchase a nonexempt substance while such person is on the methamphetamine registry commits a Class A misdemeanor.
(A) Any person who sells or delivers a nonexempt substance to a person known to be on the methamphetamine registry commits a Class A misdemeanor.
(B) Any person who purchases or attempts to purchase a nonexempt substance while such person is on the methamphetamine registry commits a Class A misdemeanor.
(m) (1) It is an offense for a person not authorized to do so to knowingly engage in any of the following conduct with respect to a nonexempt product containing an immediate methamphetamine precursor and required to be maintained behind-the-counter of the pharmacy as specified in subsection (h): (A) Attempt to sell the product knowing that it will be used to produce methamphetamine, or with reckless disregard of its intended use; (B) Attempt to purchase the product with the intent to manufacture methamphetamine or deliver the product to another person whom they know intends to manufacture methamphetamine, or with reckless disregard of the other person's intent; (C) Purchase the product at different times or locations for the purpose of circumventing the maximum allowable quantity of the product that may lawfully be purchased during a thirty-day or one-year period; or (D) Use a false identification to purchase the product for the purpose of circumventing the maximum allowable quantity of the product that may lawfully be purchased during a thirty-day or one-year period. (2) A violation of this subsection (m) shall be a Class A misdemeanor. All proceeds from fines imposed pursuant to this subsection (m) shall be used by the jurisdiction making the arrest for methamphetamine clean-up activities in that jurisdiction.
(1) It is an offense for a person not authorized to do so to knowingly engage in any of the following conduct with respect to a nonexempt product containing an immediate methamphetamine precursor and required to be maintained behind-the-counter of the pharmacy as specified in subsection (h): (A) Attempt to sell the product knowing that it will be used to produce methamphetamine, or with reckless disregard of its intended use; (B) Attempt to purchase the product with the intent to manufacture methamphetamine or deliver the product to another person whom they know intends to manufacture methamphetamine, or with reckless disregard of the other person's intent; (C) Purchase the product at different times or locations for the purpose of circumventing the maximum allowable quantity of the product that may lawfully be purchased during a thirty-day or one-year period; or (D) Use a false identification to purchase the product for the purpose of circumventing the maximum allowable quantity of the product that may lawfully be purchased during a thirty-day or one-year period.
(A) Attempt to sell the product knowing that it will be used to produce methamphetamine, or with reckless disregard of its intended use;
(B) Attempt to purchase the product with the intent to manufacture methamphetamine or deliver the product to another person whom they know intends to manufacture methamphetamine, or with reckless disregard of the other person's intent;
(C) Purchase the product at different times or locations for the purpose of circumventing the maximum allowable quantity of the product that may lawfully be purchased during a thirty-day or one-year period; or
(D) Use a false identification to purchase the product for the purpose of circumventing the maximum allowable quantity of the product that may lawfully be purchased during a thirty-day or one-year period.
(2) A violation of this subsection (m) shall be a Class A misdemeanor. All proceeds from fines imposed pursuant to this subsection (m) shall be used by the jurisdiction making the arrest for methamphetamine clean-up activities in that jurisdiction.
(n) This section shall supersede any local laws or ordinances currently regulating sales of products containing any immediate methamphetamine precursor.
(o) For the purposes of this section, "pharmacy" means only a pharmacy operating under title 63, chapter 10, which sells any immediate methamphetamine precursor at retail to the public.
(p) No person under eighteen (18) years of age may purchase a product that contains any immediate methamphetamine precursor, except pursuant to a valid prescription issued by a licensed healthcare practitioner authorized to prescribe by the law of the state or a pharmacist generated prescription issued pursuant to § 63-10-206 .
Amended by 2024 Tenn. Acts, ch. 846,s 1, eff. 7/1/2024.
Amended by 2015 Tenn. Acts, ch. 59, s 1, eff. 4/6/2015.
Amended by 2014 Tenn. Acts, ch. 906, s 1, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 906, Secs.s 2, s 3 eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 828, s 2, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 828, s 1, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 236, s 61, eff. 4/19/2013.
Acts 1995, ch. 123, § 1; 2005, ch. 18, § 2; 2011 , ch. 292, § 2; 2012 , ch. 764, §§ 1, 2; 2012 , ch. 911, §§ 2, 3.
Tenn. Code Ann. § 39-13-533 — TN Code / Title 39 / Chapter 13 / Section 39-13-533
Offense of promoting travel for prostitution
Status: in_force

(a) A person commits the offense of promoting travel for prostitution if the person sells or offers to sell travel services that the person knows to include travel for the purpose of engaging in what would be prostitution if occurring in the state. (b) "Travel services" means, but is not limited to, transportation by air, sea, road or rail, related ground transportation, hotel accommodations, or package tours, whether offered on a wholesale or retail basis. (c) Promoting travel for prostitution is a Class D felony. (d) Nothing in this section shall be construed to prohibit prosecution under any other law. Added by 2013 Tenn. Acts, ch. 465,s 1, eff. 7/1/2013.
(a) A person commits the offense of promoting travel for prostitution if the person sells or offers to sell travel services that the person knows to include travel for the purpose of engaging in what would be prostitution if occurring in the state.
(b) "Travel services" means, but is not limited to, transportation by air, sea, road or rail, related ground transportation, hotel accommodations, or package tours, whether offered on a wholesale or retail basis.
(c) Promoting travel for prostitution is a Class D felony.
(d) Nothing in this section shall be construed to prohibit prosecution under any other law.
Added by 2013 Tenn. Acts, ch. 465,s 1, eff. 7/1/2013.
Tenn. Code Ann. § 39-11-106 — TN Code / Title 39 / Chapter 11 / Section 39-11-106
Title definitions
Status: in_force

(a) As used in this title, unless the context requires otherwise: (1) "Antique firearm" means: (A) Any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before the year 1898; (B) Any replica of any firearm described in subdivision (a)(1)(A) if such replica: (i) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or (ii) Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or (C) Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition; (2) "Benefit" means anything reasonably regarded as economic gain, enhancement or advantage, including benefit to any other person in whose welfare the beneficiary is interested; (3) "Bodily injury" includes a cut, abrasion, bruise, burn or disfigurement, and physical pain or temporary illness or impairment of the function of a bodily member, organ, or mental faculty; (4) "Coercion" means a threat, however communicated, to: (A) Commit any offense; (B) Wrongfully accuse any person of any offense; (C) Expose any person to hatred, contempt or ridicule; (D) Harm the credit or business repute of any person; or (E) Take or withhold action as a public servant or cause a public servant to take or withhold action; (5) "Criminal negligence" refers to a person who acts with criminal negligence with respect to the circumstances surrounding that person's conduct or the result of that conduct when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint; (6) "Deadly weapon" means: (A) A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury; or (B) Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury; (7) (A) "Deception" means that a person knowingly: (i) Creates or reinforces a false impression by words or conduct, including false impressions of fact, law, value or intention or other state of mind that the person does not believe to be true; (ii) Prevents another from acquiring information which would likely affect the other's judgment in the transaction; (iii) Fails to correct a false impression of law or fact the person knows to be false and: (a) The person created; or (b) Knows is likely to influence another; (iv) Fails to disclose a lien, security interest, adverse claim or other legal impediment to the enjoyment of the property, whether the impediment is or is not valid, or is or is not a matter of public record; (v) Employs any other scheme to defraud; or (vi) (a) Promises performance that at the time the person knew the person did not have the ability to perform or that the person does not intend to perform or knows will not be performed, except mere failure to perform is insufficient to establish that the person did not intend to perform or knew the promise would not be performed; (b) Promising performance includes issuing a check or similar sight order for the payment of money or use of a credit or debit card when the person knows the check, sight order, or credit or debit slip will not be honored for any reason; (B) "Deception" does not include falsity as to matters having no pecuniary significance or puffing by statements unlikely to deceive ordinary persons in the group addressed; (8) "Defendant" means a person accused of an offense under this title and includes any person who aids or abets the commission of such offense; (9) "Deprive" means to: (A) Withhold property from the owner permanently or for such a period of time as to substantially diminish the value or enjoyment of the property to the owner; (B) Withhold property or cause it to be withheld for the purpose of restoring it only upon payment of a reward or other compensation; or (C) Dispose of property or use it or transfer any interest in it under circumstances that make its restoration unlikely; (10) "Destructive device": (A) Means: (i) Any explosive, incendiary, or poison gas: (a) Bomb; (b) Grenade; (c) Rocket having a propellant charge of more than four ounces (4 oz.); (d) Missile having an explosive or incendiary charge of more than one-quarter ounce (0.25 oz.); (e) Mine; or (f) Device similar to any of the devices described in subdivisions (a)(10)(A)(i) (a) - (e) ; and (ii) Any combination of parts either designed or intended for use in converting any device into any destructive device described in subdivision (a)(10)(A)(i) and from which a destructive device may be readily assembled; and (B) Does not include: (i) Any device that is neither designed nor redesigned for use as a weapon; (ii) Any device, although originally designed for use as a weapon, that is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; (iii) Surplus ordnance sold, loaned, or given by the secretary of the Army pursuant to 10 U.S.C. § 7684(2) , 10 U.S.C. § 7685 , or 10 U.S.C. § 7686 ; (iv) Any antique or rifle which the owner intends to use solely for sporting purposes; or (v) Any other device that is not likely to be used as a weapon; (11) "Effective consent" means assent in fact, whether express or apparent, including assent by one legally authorized to act for another. Consent is not effective when: (A) Induced by deception or coercion; (B) Given by a person the defendant knows is not authorized to act as an agent; (C) Given by a person who, by reason of youth, mental disease or defect, or intoxication, is known by the defendant to be unable to make reasonable decisions regarding the subject matter; or (D) Given solely to detect the commission of an offense; (12) "Emancipated minor" means any minor who is or has been married, or has by court order or otherwise been freed from the care, custody and control of the minor's parents; (13) "Firearm": (A) Means: (i) Any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (ii) The frame or receiver of any such weapon; (iii) Any firearm muffler or firearm silencer; or (iv) Any destructive device; and (B) Does not include an antique firearm; (14) "Force" means compulsion by the use of physical power or violence and shall be broadly construed to accomplish the purposes of this title; (15) "Fraud" means as used in normal parlance and includes, but is not limited to, deceit, trickery, misrepresentation and subterfuge, and shall be broadly construed to accomplish the purposes of this title; (16) "Government" means the state or any political subdivision of the state, and includes any branch or agency of the state, a county, municipality or other political subdivision; (17) "Governmental record" means anything: (A) Belonging to, received or kept by the government for information; or (B) Required by law to be kept by others for information of the government; (18) "Grave sexual abuse" means: (A) Aggravated rape, pursuant to § 39-13-502 ; (B) Rape, pursuant to § 39-13-503 ; (C) Rape of a child, pursuant to § 39-13-522 ; or (D) Aggravated rape of a child, pursuant to § 39-13-531 ; (19) "Handgun" means any firearm with a barrel length of less than twelve inches (12") that is designed, made or adapted to be fired with one (1) hand; (20) "Harm" means anything reasonably regarded as loss, disadvantage or injury, including harm to another person in whose welfare the person affected is interested; (21) "Intentional" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result; (22) "Jail" includes workhouse and "workhouse" includes jail, whenever the context so requires or will permit; (23) "Knowing" means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result; (24) (A) "Law enforcement officer" means an officer, employee or agent of government who has a duty imposed by law to: (i) Maintain public order; or (ii) Make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses; and (iii) Investigate the commission or suspected commission of offenses; (B) "Law enforcement officer" includes a sheriff, sheriff's deputy, and, only for purposes of the enhancement of a crime, a deputy jailer; (25) "Legal privilege" means a particular or peculiar benefit or advantage created by law; (26) "Minor" means any person under eighteen (18) years of age; (27) (A) "Obtain" means to: (i) Bring about a transfer or purported transfer of property or of a legally recognized interest in the property, whether to the defendant or another; or (ii) Secure the performance of service; (B) "Obtain" includes, but is not limited to, the taking, carrying away or the sale, conveyance or transfer of title to or interest in or possession of property, and includes, but is not limited to, conduct known as larceny, larceny by trick, larceny by conversion, embezzlement, extortion or obtaining property by false pretenses; (28) "Official proceeding" means any type of administrative, executive, legislative or judicial proceeding that may be conducted before a public servant authorized by law to take statements under oath; (29) "Owner" means a person, other than the defendant, who has possession of or any interest other than a mortgage, deed of trust or security interest in property, even though that possession or interest is unlawful and without whose consent the defendant has no authority to exert control over the property; (30) "Person" includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof; (31) "Property" means anything of value, including, but not limited to, money, real estate, tangible or intangible personal property, including anything severed from land, library material, contract rights, choses-in-action, interests in or claims to wealth, credit, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power. Commodities of a public nature, such as gas, electricity, steam, water, cable television and telephone service constitute property, but the supplying of such a commodity to premises from an outside source by means of wires, pipes, conduits or other equipment is deemed a rendition of service rather than a sale or delivery of property; (32) "Public place" means a place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence. An act is deemed to occur in a public place if it produces its offensive or proscribed consequences in a public place; (33) "Public servant" means: (A) Any public officer or employee of the state or of any political subdivision of the state or of any governmental instrumentality within the state including, but not limited to, law enforcement officers; (B) Any person exercising the functions of any such public officer or employee; (C) Any person participating as an adviser, consultant or otherwise performing a governmental function, but not including witnesses or jurors; or (D) Any person elected, appointed or designated to become a public servant, although not yet occupying that position; (34) "Reckless" means that a person acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of, but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint; (35) (A) "Recorded device" means the tangible medium upon which sounds or images are recorded or otherwise stored; (B) "Recorded device" includes any original phonograph record, disc, tape, audio, or videocassette, wire, film or other medium now known or later developed on which sounds or images are or can be recorded or otherwise stored, or any copy or reproduction which duplicates, in whole or in part, the original; (36) "Security guard/officer" means an individual employed to perform any function of a security guard/officer and security guard/officer patrol service as set forth in the Private Protective Services Licensing and Regulatory Act, compiled in title 62, chapter 35; (37) "Serious bodily injury" means bodily injury that involves: (A) A substantial risk of death; (B) Protracted unconsciousness; (C) Extreme physical pain; (D) Protracted or obvious disfigurement; (E) Protracted loss or substantial impairment of a function of a bodily member, organ or mental faculty; or (F) A broken bone of a child who is twelve (12) years of age or less; (38) "Services" includes labor, skill, professional service, transportation, telephone, mail, gas, electricity, steam, water, cable television, entertainment subscription service or other public services, accommodations in hotels, restaurants or elsewhere, admissions to exhibitions, use of vehicles or other movable property, and any other activity or product considered in the ordinary course of business to be a service, regardless of whether it is listed in this subdivision (a)(38) or a specific statute exists covering the same or similar conduct; and (39) "Value": (A) Subject to the additional criteria of subdivisions (a)(39)(B)-(D), "value" under this title means: (i) The fair market value of the property or service at the time and place of the offense; or (ii) If the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense; (B) The value of documents, other than those having a readily ascertainable fair market value, means: (i) The amount due and collectible at maturity, less any part that has been satisfied, if the document constitutes evidence of a debt; or (ii) The greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document, if the document is other than evidence of a debt; (C) If property or service has value that cannot be ascertained by the criteria set forth in subdivisions (a)(39)(A) and (B), the property or service is deemed to have a value of less than fifty dollars ($50.00); (D) If the defendant gave consideration for or had a legal interest in the property or service that is the object of the offense, the amount of consideration or value of the interest shall be deducted from the value of the property or service ascertained under subdivision (a)(39)(A), (B) or (C) to determine value; and (E) For a violation of § 39-14-408(b)(1) , the value of the property includes the fair market value of repairing, cleaning, and restoring the property. (b) The definition of a term in subsection (a) applies to each grammatical variation of the term. Amended by 2023 Tenn. Acts, ch. 365, s 1, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 83, s 2, eff. 4/7/2021. Amended by 2020EX2 Tenn. Acts, ch. 3, s 1, eff. 8/20/2020. Amended by 2019 Tenn. Acts, ch. 279, Secs.s 1, s 2 eff. 5/2/2019. Amended by 2014 Tenn. Acts, ch. 984,s 1, eff. 7/1/2014. Acts 1989, ch. 591, § 1; 1990, ch. 1030, §§ 1, 2; 1995, ch. 322, § 1; 1996, ch. 1009, § 22; 1997 , ch. 437, § 2; 2009 , ch. 307, § 1; 2009 , ch. 325, § 1; 2011 , ch. 348, § 1.
(a) As used in this title, unless the context requires otherwise: (1) "Antique firearm" means: (A) Any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before the year 1898; (B) Any replica of any firearm described in subdivision (a)(1)(A) if such replica: (i) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or (ii) Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or (C) Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition; (2) "Benefit" means anything reasonably regarded as economic gain, enhancement or advantage, including benefit to any other person in whose welfare the beneficiary is interested; (3) "Bodily injury" includes a cut, abrasion, bruise, burn or disfigurement, and physical pain or temporary illness or impairment of the function of a bodily member, organ, or mental faculty; (4) "Coercion" means a threat, however communicated, to: (A) Commit any offense; (B) Wrongfully accuse any person of any offense; (C) Expose any person to hatred, contempt or ridicule; (D) Harm the credit or business repute of any person; or (E) Take or withhold action as a public servant or cause a public servant to take or withhold action; (5) "Criminal negligence" refers to a person who acts with criminal negligence with respect to the circumstances surrounding that person's conduct or the result of that conduct when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint; (6) "Deadly weapon" means: (A) A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury; or (B) Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury; (7) (A) "Deception" means that a person knowingly: (i) Creates or reinforces a false impression by words or conduct, including false impressions of fact, law, value or intention or other state of mind that the person does not believe to be true; (ii) Prevents another from acquiring information which would likely affect the other's judgment in the transaction; (iii) Fails to correct a false impression of law or fact the person knows to be false and: (a) The person created; or (b) Knows is likely to influence another; (iv) Fails to disclose a lien, security interest, adverse claim or other legal impediment to the enjoyment of the property, whether the impediment is or is not valid, or is or is not a matter of public record; (v) Employs any other scheme to defraud; or (vi) (a) Promises performance that at the time the person knew the person did not have the ability to perform or that the person does not intend to perform or knows will not be performed, except mere failure to perform is insufficient to establish that the person did not intend to perform or knew the promise would not be performed; (b) Promising performance includes issuing a check or similar sight order for the payment of money or use of a credit or debit card when the person knows the check, sight order, or credit or debit slip will not be honored for any reason; (B) "Deception" does not include falsity as to matters having no pecuniary significance or puffing by statements unlikely to deceive ordinary persons in the group addressed; (8) "Defendant" means a person accused of an offense under this title and includes any person who aids or abets the commission of such offense; (9) "Deprive" means to: (A) Withhold property from the owner permanently or for such a period of time as to substantially diminish the value or enjoyment of the property to the owner; (B) Withhold property or cause it to be withheld for the purpose of restoring it only upon payment of a reward or other compensation; or (C) Dispose of property or use it or transfer any interest in it under circumstances that make its restoration unlikely; (10) "Destructive device": (A) Means: (i) Any explosive, incendiary, or poison gas: (a) Bomb; (b) Grenade; (c) Rocket having a propellant charge of more than four ounces (4 oz.); (d) Missile having an explosive or incendiary charge of more than one-quarter ounce (0.25 oz.); (e) Mine; or (f) Device similar to any of the devices described in subdivisions (a)(10)(A)(i) (a) - (e) ; and (ii) Any combination of parts either designed or intended for use in converting any device into any destructive device described in subdivision (a)(10)(A)(i) and from which a destructive device may be readily assembled; and (B) Does not include: (i) Any device that is neither designed nor redesigned for use as a weapon; (ii) Any device, although originally designed for use as a weapon, that is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; (iii) Surplus ordnance sold, loaned, or given by the secretary of the Army pursuant to 10 U.S.C. § 7684(2) , 10 U.S.C. § 7685 , or 10 U.S.C. § 7686 ; (iv) Any antique or rifle which the owner intends to use solely for sporting purposes; or (v) Any other device that is not likely to be used as a weapon; (11) "Effective consent" means assent in fact, whether express or apparent, including assent by one legally authorized to act for another. Consent is not effective when: (A) Induced by deception or coercion; (B) Given by a person the defendant knows is not authorized to act as an agent; (C) Given by a person who, by reason of youth, mental disease or defect, or intoxication, is known by the defendant to be unable to make reasonable decisions regarding the subject matter; or (D) Given solely to detect the commission of an offense; (12) "Emancipated minor" means any minor who is or has been married, or has by court order or otherwise been freed from the care, custody and control of the minor's parents; (13) "Firearm": (A) Means: (i) Any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (ii) The frame or receiver of any such weapon; (iii) Any firearm muffler or firearm silencer; or (iv) Any destructive device; and (B) Does not include an antique firearm; (14) "Force" means compulsion by the use of physical power or violence and shall be broadly construed to accomplish the purposes of this title; (15) "Fraud" means as used in normal parlance and includes, but is not limited to, deceit, trickery, misrepresentation and subterfuge, and shall be broadly construed to accomplish the purposes of this title; (16) "Government" means the state or any political subdivision of the state, and includes any branch or agency of the state, a county, municipality or other political subdivision; (17) "Governmental record" means anything: (A) Belonging to, received or kept by the government for information; or (B) Required by law to be kept by others for information of the government; (18) "Grave sexual abuse" means: (A) Aggravated rape, pursuant to § 39-13-502 ; (B) Rape, pursuant to § 39-13-503 ; (C) Rape of a child, pursuant to § 39-13-522 ; or (D) Aggravated rape of a child, pursuant to § 39-13-531 ; (19) "Handgun" means any firearm with a barrel length of less than twelve inches (12") that is designed, made or adapted to be fired with one (1) hand; (20) "Harm" means anything reasonably regarded as loss, disadvantage or injury, including harm to another person in whose welfare the person affected is interested; (21) "Intentional" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result; (22) "Jail" includes workhouse and "workhouse" includes jail, whenever the context so requires or will permit; (23) "Knowing" means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result; (24) (A) "Law enforcement officer" means an officer, employee or agent of government who has a duty imposed by law to: (i) Maintain public order; or (ii) Make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses; and (iii) Investigate the commission or suspected commission of offenses; (B) "Law enforcement officer" includes a sheriff, sheriff's deputy, and, only for purposes of the enhancement of a crime, a deputy jailer; (25) "Legal privilege" means a particular or peculiar benefit or advantage created by law; (26) "Minor" means any person under eighteen (18) years of age; (27) (A) "Obtain" means to: (i) Bring about a transfer or purported transfer of property or of a legally recognized interest in the property, whether to the defendant or another; or (ii) Secure the performance of service; (B) "Obtain" includes, but is not limited to, the taking, carrying away or the sale, conveyance or transfer of title to or interest in or possession of property, and includes, but is not limited to, conduct known as larceny, larceny by trick, larceny by conversion, embezzlement, extortion or obtaining property by false pretenses; (28) "Official proceeding" means any type of administrative, executive, legislative or judicial proceeding that may be conducted before a public servant authorized by law to take statements under oath; (29) "Owner" means a person, other than the defendant, who has possession of or any interest other than a mortgage, deed of trust or security interest in property, even though that possession or interest is unlawful and without whose consent the defendant has no authority to exert control over the property; (30) "Person" includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof; (31) "Property" means anything of value, including, but not limited to, money, real estate, tangible or intangible personal property, including anything severed from land, library material, contract rights, choses-in-action, interests in or claims to wealth, credit, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power. Commodities of a public nature, such as gas, electricity, steam, water, cable television and telephone service constitute property, but the supplying of such a commodity to premises from an outside source by means of wires, pipes, conduits or other equipment is deemed a rendition of service rather than a sale or delivery of property; (32) "Public place" means a place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence. An act is deemed to occur in a public place if it produces its offensive or proscribed consequences in a public place; (33) "Public servant" means: (A) Any public officer or employee of the state or of any political subdivision of the state or of any governmental instrumentality within the state including, but not limited to, law enforcement officers; (B) Any person exercising the functions of any such public officer or employee; (C) Any person participating as an adviser, consultant or otherwise performing a governmental function, but not including witnesses or jurors; or (D) Any person elected, appointed or designated to become a public servant, although not yet occupying that position; (34) "Reckless" means that a person acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of, but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint; (35) (A) "Recorded device" means the tangible medium upon which sounds or images are recorded or otherwise stored; (B) "Recorded device" includes any original phonograph record, disc, tape, audio, or videocassette, wire, film or other medium now known or later developed on which sounds or images are or can be recorded or otherwise stored, or any copy or reproduction which duplicates, in whole or in part, the original; (36) "Security guard/officer" means an individual employed to perform any function of a security guard/officer and security guard/officer patrol service as set forth in the Private Protective Services Licensing and Regulatory Act, compiled in title 62, chapter 35; (37) "Serious bodily injury" means bodily injury that involves: (A) A substantial risk of death; (B) Protracted unconsciousness; (C) Extreme physical pain; (D) Protracted or obvious disfigurement; (E) Protracted loss or substantial impairment of a function of a bodily member, organ or mental faculty; or (F) A broken bone of a child who is twelve (12) years of age or less; (38) "Services" includes labor, skill, professional service, transportation, telephone, mail, gas, electricity, steam, water, cable television, entertainment subscription service or other public services, accommodations in hotels, restaurants or elsewhere, admissions to exhibitions, use of vehicles or other movable property, and any other activity or product considered in the ordinary course of business to be a service, regardless of whether it is listed in this subdivision (a)(38) or a specific statute exists covering the same or similar conduct; and (39) "Value": (A) Subject to the additional criteria of subdivisions (a)(39)(B)-(D), "value" under this title means: (i) The fair market value of the property or service at the time and place of the offense; or (ii) If the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense; (B) The value of documents, other than those having a readily ascertainable fair market value, means: (i) The amount due and collectible at maturity, less any part that has been satisfied, if the document constitutes evidence of a debt; or (ii) The greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document, if the document is other than evidence of a debt; (C) If property or service has value that cannot be ascertained by the criteria set forth in subdivisions (a)(39)(A) and (B), the property or service is deemed to have a value of less than fifty dollars ($50.00); (D) If the defendant gave consideration for or had a legal interest in the property or service that is the object of the offense, the amount of consideration or value of the interest shall be deducted from the value of the property or service ascertained under subdivision (a)(39)(A), (B) or (C) to determine value; and (E) For a violation of § 39-14-408(b)(1) , the value of the property includes the fair market value of repairing, cleaning, and restoring the property.
(1) "Antique firearm" means: (A) Any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before the year 1898; (B) Any replica of any firearm described in subdivision (a)(1)(A) if such replica: (i) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or (ii) Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or (C) Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition;
(A) Any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before the year 1898;
(B) Any replica of any firearm described in subdivision (a)(1)(A) if such replica: (i) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or (ii) Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
(i) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or
(ii) Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
(C) Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition;
(2) "Benefit" means anything reasonably regarded as economic gain, enhancement or advantage, including benefit to any other person in whose welfare the beneficiary is interested;
(3) "Bodily injury" includes a cut, abrasion, bruise, burn or disfigurement, and physical pain or temporary illness or impairment of the function of a bodily member, organ, or mental faculty;
(4) "Coercion" means a threat, however communicated, to: (A) Commit any offense; (B) Wrongfully accuse any person of any offense; (C) Expose any person to hatred, contempt or ridicule; (D) Harm the credit or business repute of any person; or (E) Take or withhold action as a public servant or cause a public servant to take or withhold action;
(A) Commit any offense;
(B) Wrongfully accuse any person of any offense;
(C) Expose any person to hatred, contempt or ridicule;
(D) Harm the credit or business repute of any person; or
(E) Take or withhold action as a public servant or cause a public servant to take or withhold action;
(5) "Criminal negligence" refers to a person who acts with criminal negligence with respect to the circumstances surrounding that person's conduct or the result of that conduct when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint;
(6) "Deadly weapon" means: (A) A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury; or (B) Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury;
(A) A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury; or
(B) Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury;
(7) (A) "Deception" means that a person knowingly: (i) Creates or reinforces a false impression by words or conduct, including false impressions of fact, law, value or intention or other state of mind that the person does not believe to be true; (ii) Prevents another from acquiring information which would likely affect the other's judgment in the transaction; (iii) Fails to correct a false impression of law or fact the person knows to be false and: (a) The person created; or (b) Knows is likely to influence another; (iv) Fails to disclose a lien, security interest, adverse claim or other legal impediment to the enjoyment of the property, whether the impediment is or is not valid, or is or is not a matter of public record; (v) Employs any other scheme to defraud; or (vi) (a) Promises performance that at the time the person knew the person did not have the ability to perform or that the person does not intend to perform or knows will not be performed, except mere failure to perform is insufficient to establish that the person did not intend to perform or knew the promise would not be performed; (b) Promising performance includes issuing a check or similar sight order for the payment of money or use of a credit or debit card when the person knows the check, sight order, or credit or debit slip will not be honored for any reason; (B) "Deception" does not include falsity as to matters having no pecuniary significance or puffing by statements unlikely to deceive ordinary persons in the group addressed;
(A) "Deception" means that a person knowingly: (i) Creates or reinforces a false impression by words or conduct, including false impressions of fact, law, value or intention or other state of mind that the person does not believe to be true; (ii) Prevents another from acquiring information which would likely affect the other's judgment in the transaction; (iii) Fails to correct a false impression of law or fact the person knows to be false and: (a) The person created; or (b) Knows is likely to influence another; (iv) Fails to disclose a lien, security interest, adverse claim or other legal impediment to the enjoyment of the property, whether the impediment is or is not valid, or is or is not a matter of public record; (v) Employs any other scheme to defraud; or (vi) (a) Promises performance that at the time the person knew the person did not have the ability to perform or that the person does not intend to perform or knows will not be performed, except mere failure to perform is insufficient to establish that the person did not intend to perform or knew the promise would not be performed; (b) Promising performance includes issuing a check or similar sight order for the payment of money or use of a credit or debit card when the person knows the check, sight order, or credit or debit slip will not be honored for any reason;
(i) Creates or reinforces a false impression by words or conduct, including false impressions of fact, law, value or intention or other state of mind that the person does not believe to be true;
(ii) Prevents another from acquiring information which would likely affect the other's judgment in the transaction;
(iii) Fails to correct a false impression of law or fact the person knows to be false and: (a) The person created; or (b) Knows is likely to influence another;
(a) The person created; or
(b) Knows is likely to influence another;
(iv) Fails to disclose a lien, security interest, adverse claim or other legal impediment to the enjoyment of the property, whether the impediment is or is not valid, or is or is not a matter of public record;
(v) Employs any other scheme to defraud; or
(vi) (a) Promises performance that at the time the person knew the person did not have the ability to perform or that the person does not intend to perform or knows will not be performed, except mere failure to perform is insufficient to establish that the person did not intend to perform or knew the promise would not be performed; (b) Promising performance includes issuing a check or similar sight order for the payment of money or use of a credit or debit card when the person knows the check, sight order, or credit or debit slip will not be honored for any reason;
(a) Promises performance that at the time the person knew the person did not have the ability to perform or that the person does not intend to perform or knows will not be performed, except mere failure to perform is insufficient to establish that the person did not intend to perform or knew the promise would not be performed;
(b) Promising performance includes issuing a check or similar sight order for the payment of money or use of a credit or debit card when the person knows the check, sight order, or credit or debit slip will not be honored for any reason;
(B) "Deception" does not include falsity as to matters having no pecuniary significance or puffing by statements unlikely to deceive ordinary persons in the group addressed;
(8) "Defendant" means a person accused of an offense under this title and includes any person who aids or abets the commission of such offense;
(9) "Deprive" means to: (A) Withhold property from the owner permanently or for such a period of time as to substantially diminish the value or enjoyment of the property to the owner; (B) Withhold property or cause it to be withheld for the purpose of restoring it only upon payment of a reward or other compensation; or (C) Dispose of property or use it or transfer any interest in it under circumstances that make its restoration unlikely;
(A) Withhold property from the owner permanently or for such a period of time as to substantially diminish the value or enjoyment of the property to the owner;
(B) Withhold property or cause it to be withheld for the purpose of restoring it only upon payment of a reward or other compensation; or
(C) Dispose of property or use it or transfer any interest in it under circumstances that make its restoration unlikely;
(10) "Destructive device": (A) Means: (i) Any explosive, incendiary, or poison gas: (a) Bomb; (b) Grenade; (c) Rocket having a propellant charge of more than four ounces (4 oz.); (d) Missile having an explosive or incendiary charge of more than one-quarter ounce (0.25 oz.); (e) Mine; or (f) Device similar to any of the devices described in subdivisions (a)(10)(A)(i) (a) - (e) ; and (ii) Any combination of parts either designed or intended for use in converting any device into any destructive device described in subdivision (a)(10)(A)(i) and from which a destructive device may be readily assembled; and (B) Does not include: (i) Any device that is neither designed nor redesigned for use as a weapon; (ii) Any device, although originally designed for use as a weapon, that is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; (iii) Surplus ordnance sold, loaned, or given by the secretary of the Army pursuant to 10 U.S.C. § 7684(2) , 10 U.S.C. § 7685 , or 10 U.S.C. § 7686 ; (iv) Any antique or rifle which the owner intends to use solely for sporting purposes; or (v) Any other device that is not likely to be used as a weapon;
(A) Means: (i) Any explosive, incendiary, or poison gas: (a) Bomb; (b) Grenade; (c) Rocket having a propellant charge of more than four ounces (4 oz.); (d) Missile having an explosive or incendiary charge of more than one-quarter ounce (0.25 oz.); (e) Mine; or (f) Device similar to any of the devices described in subdivisions (a)(10)(A)(i) (a) - (e) ; and (ii) Any combination of parts either designed or intended for use in converting any device into any destructive device described in subdivision (a)(10)(A)(i) and from which a destructive device may be readily assembled; and
(i) Any explosive, incendiary, or poison gas: (a) Bomb; (b) Grenade; (c) Rocket having a propellant charge of more than four ounces (4 oz.); (d) Missile having an explosive or incendiary charge of more than one-quarter ounce (0.25 oz.); (e) Mine; or (f) Device similar to any of the devices described in subdivisions (a)(10)(A)(i) (a) - (e) ; and
(a) Bomb;
(b) Grenade;
(c) Rocket having a propellant charge of more than four ounces (4 oz.);
(d) Missile having an explosive or incendiary charge of more than one-quarter ounce (0.25 oz.);
(e) Mine; or
(f) Device similar to any of the devices described in subdivisions (a)(10)(A)(i) (a) - (e) ; and
(ii) Any combination of parts either designed or intended for use in converting any device into any destructive device described in subdivision (a)(10)(A)(i) and from which a destructive device may be readily assembled; and
(B) Does not include: (i) Any device that is neither designed nor redesigned for use as a weapon; (ii) Any device, although originally designed for use as a weapon, that is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; (iii) Surplus ordnance sold, loaned, or given by the secretary of the Army pursuant to 10 U.S.C. § 7684(2) , 10 U.S.C. § 7685 , or 10 U.S.C. § 7686 ; (iv) Any antique or rifle which the owner intends to use solely for sporting purposes; or (v) Any other device that is not likely to be used as a weapon;
(i) Any device that is neither designed nor redesigned for use as a weapon;
(ii) Any device, although originally designed for use as a weapon, that is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device;
(iii) Surplus ordnance sold, loaned, or given by the secretary of the Army pursuant to 10 U.S.C. § 7684(2) , 10 U.S.C. § 7685 , or 10 U.S.C. § 7686 ;
(iv) Any antique or rifle which the owner intends to use solely for sporting purposes; or
(v) Any other device that is not likely to be used as a weapon;
(11) "Effective consent" means assent in fact, whether express or apparent, including assent by one legally authorized to act for another. Consent is not effective when: (A) Induced by deception or coercion; (B) Given by a person the defendant knows is not authorized to act as an agent; (C) Given by a person who, by reason of youth, mental disease or defect, or intoxication, is known by the defendant to be unable to make reasonable decisions regarding the subject matter; or (D) Given solely to detect the commission of an offense;
(A) Induced by deception or coercion;
(B) Given by a person the defendant knows is not authorized to act as an agent;
(C) Given by a person who, by reason of youth, mental disease or defect, or intoxication, is known by the defendant to be unable to make reasonable decisions regarding the subject matter; or
(D) Given solely to detect the commission of an offense;
(12) "Emancipated minor" means any minor who is or has been married, or has by court order or otherwise been freed from the care, custody and control of the minor's parents;
(13) "Firearm": (A) Means: (i) Any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (ii) The frame or receiver of any such weapon; (iii) Any firearm muffler or firearm silencer; or (iv) Any destructive device; and (B) Does not include an antique firearm;
(A) Means: (i) Any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (ii) The frame or receiver of any such weapon; (iii) Any firearm muffler or firearm silencer; or (iv) Any destructive device; and
(i) Any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
(ii) The frame or receiver of any such weapon;
(iii) Any firearm muffler or firearm silencer; or
(iv) Any destructive device; and
(B) Does not include an antique firearm;
(14) "Force" means compulsion by the use of physical power or violence and shall be broadly construed to accomplish the purposes of this title;
(15) "Fraud" means as used in normal parlance and includes, but is not limited to, deceit, trickery, misrepresentation and subterfuge, and shall be broadly construed to accomplish the purposes of this title;
(16) "Government" means the state or any political subdivision of the state, and includes any branch or agency of the state, a county, municipality or other political subdivision;
(17) "Governmental record" means anything: (A) Belonging to, received or kept by the government for information; or (B) Required by law to be kept by others for information of the government;
(A) Belonging to, received or kept by the government for information; or
(B) Required by law to be kept by others for information of the government;
(18) "Grave sexual abuse" means: (A) Aggravated rape, pursuant to § 39-13-502 ; (B) Rape, pursuant to § 39-13-503 ; (C) Rape of a child, pursuant to § 39-13-522 ; or (D) Aggravated rape of a child, pursuant to § 39-13-531 ;
(A) Aggravated rape, pursuant to § 39-13-502 ;
(B) Rape, pursuant to § 39-13-503 ;
(C) Rape of a child, pursuant to § 39-13-522 ; or
(D) Aggravated rape of a child, pursuant to § 39-13-531 ;
(19) "Handgun" means any firearm with a barrel length of less than twelve inches (12") that is designed, made or adapted to be fired with one (1) hand;
(20) "Harm" means anything reasonably regarded as loss, disadvantage or injury, including harm to another person in whose welfare the person affected is interested;
(21) "Intentional" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result;
(22) "Jail" includes workhouse and "workhouse" includes jail, whenever the context so requires or will permit;
(23) "Knowing" means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result;
(24) (A) "Law enforcement officer" means an officer, employee or agent of government who has a duty imposed by law to: (i) Maintain public order; or (ii) Make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses; and (iii) Investigate the commission or suspected commission of offenses; (B) "Law enforcement officer" includes a sheriff, sheriff's deputy, and, only for purposes of the enhancement of a crime, a deputy jailer;
(A) "Law enforcement officer" means an officer, employee or agent of government who has a duty imposed by law to: (i) Maintain public order; or (ii) Make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses; and (iii) Investigate the commission or suspected commission of offenses;
(i) Maintain public order; or
(ii) Make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses; and
(iii) Investigate the commission or suspected commission of offenses;
(B) "Law enforcement officer" includes a sheriff, sheriff's deputy, and, only for purposes of the enhancement of a crime, a deputy jailer;
(25) "Legal privilege" means a particular or peculiar benefit or advantage created by law;
(26) "Minor" means any person under eighteen (18) years of age;
(27) (A) "Obtain" means to: (i) Bring about a transfer or purported transfer of property or of a legally recognized interest in the property, whether to the defendant or another; or (ii) Secure the performance of service; (B) "Obtain" includes, but is not limited to, the taking, carrying away or the sale, conveyance or transfer of title to or interest in or possession of property, and includes, but is not limited to, conduct known as larceny, larceny by trick, larceny by conversion, embezzlement, extortion or obtaining property by false pretenses;
(A) "Obtain" means to: (i) Bring about a transfer or purported transfer of property or of a legally recognized interest in the property, whether to the defendant or another; or (ii) Secure the performance of service;
(i) Bring about a transfer or purported transfer of property or of a legally recognized interest in the property, whether to the defendant or another; or
(ii) Secure the performance of service;
(B) "Obtain" includes, but is not limited to, the taking, carrying away or the sale, conveyance or transfer of title to or interest in or possession of property, and includes, but is not limited to, conduct known as larceny, larceny by trick, larceny by conversion, embezzlement, extortion or obtaining property by false pretenses;
(28) "Official proceeding" means any type of administrative, executive, legislative or judicial proceeding that may be conducted before a public servant authorized by law to take statements under oath;
(29) "Owner" means a person, other than the defendant, who has possession of or any interest other than a mortgage, deed of trust or security interest in property, even though that possession or interest is unlawful and without whose consent the defendant has no authority to exert control over the property;
(30) "Person" includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof;
(31) "Property" means anything of value, including, but not limited to, money, real estate, tangible or intangible personal property, including anything severed from land, library material, contract rights, choses-in-action, interests in or claims to wealth, credit, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power. Commodities of a public nature, such as gas, electricity, steam, water, cable television and telephone service constitute property, but the supplying of such a commodity to premises from an outside source by means of wires, pipes, conduits or other equipment is deemed a rendition of service rather than a sale or delivery of property;
(32) "Public place" means a place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence. An act is deemed to occur in a public place if it produces its offensive or proscribed consequences in a public place;
(33) "Public servant" means: (A) Any public officer or employee of the state or of any political subdivision of the state or of any governmental instrumentality within the state including, but not limited to, law enforcement officers; (B) Any person exercising the functions of any such public officer or employee; (C) Any person participating as an adviser, consultant or otherwise performing a governmental function, but not including witnesses or jurors; or (D) Any person elected, appointed or designated to become a public servant, although not yet occupying that position;
(A) Any public officer or employee of the state or of any political subdivision of the state or of any governmental instrumentality within the state including, but not limited to, law enforcement officers;
(B) Any person exercising the functions of any such public officer or employee;
(C) Any person participating as an adviser, consultant or otherwise performing a governmental function, but not including witnesses or jurors; or
(D) Any person elected, appointed or designated to become a public servant, although not yet occupying that position;
(34) "Reckless" means that a person acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of, but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint;
(35) (A) "Recorded device" means the tangible medium upon which sounds or images are recorded or otherwise stored; (B) "Recorded device" includes any original phonograph record, disc, tape, audio, or videocassette, wire, film or other medium now known or later developed on which sounds or images are or can be recorded or otherwise stored, or any copy or reproduction which duplicates, in whole or in part, the original;
(A) "Recorded device" means the tangible medium upon which sounds or images are recorded or otherwise stored;
(B) "Recorded device" includes any original phonograph record, disc, tape, audio, or videocassette, wire, film or other medium now known or later developed on which sounds or images are or can be recorded or otherwise stored, or any copy or reproduction which duplicates, in whole or in part, the original;
(36) "Security guard/officer" means an individual employed to perform any function of a security guard/officer and security guard/officer patrol service as set forth in the Private Protective Services Licensing and Regulatory Act, compiled in title 62, chapter 35;
(37) "Serious bodily injury" means bodily injury that involves: (A) A substantial risk of death; (B) Protracted unconsciousness; (C) Extreme physical pain; (D) Protracted or obvious disfigurement; (E) Protracted loss or substantial impairment of a function of a bodily member, organ or mental faculty; or (F) A broken bone of a child who is twelve (12) years of age or less;
(A) A substantial risk of death;
(B) Protracted unconsciousness;
(C) Extreme physical pain;
(D) Protracted or obvious disfigurement;
(E) Protracted loss or substantial impairment of a function of a bodily member, organ or mental faculty; or
(F) A broken bone of a child who is twelve (12) years of age or less;
(38) "Services" includes labor, skill, professional service, transportation, telephone, mail, gas, electricity, steam, water, cable television, entertainment subscription service or other public services, accommodations in hotels, restaurants or elsewhere, admissions to exhibitions, use of vehicles or other movable property, and any other activity or product considered in the ordinary course of business to be a service, regardless of whether it is listed in this subdivision (a)(38) or a specific statute exists covering the same or similar conduct; and
(39) "Value": (A) Subject to the additional criteria of subdivisions (a)(39)(B)-(D), "value" under this title means: (i) The fair market value of the property or service at the time and place of the offense; or (ii) If the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense; (B) The value of documents, other than those having a readily ascertainable fair market value, means: (i) The amount due and collectible at maturity, less any part that has been satisfied, if the document constitutes evidence of a debt; or (ii) The greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document, if the document is other than evidence of a debt; (C) If property or service has value that cannot be ascertained by the criteria set forth in subdivisions (a)(39)(A) and (B), the property or service is deemed to have a value of less than fifty dollars ($50.00); (D) If the defendant gave consideration for or had a legal interest in the property or service that is the object of the offense, the amount of consideration or value of the interest shall be deducted from the value of the property or service ascertained under subdivision (a)(39)(A), (B) or (C) to determine value; and (E) For a violation of § 39-14-408(b)(1) , the value of the property includes the fair market value of repairing, cleaning, and restoring the property.
(A) Subject to the additional criteria of subdivisions (a)(39)(B)-(D), "value" under this title means: (i) The fair market value of the property or service at the time and place of the offense; or (ii) If the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense;
(i) The fair market value of the property or service at the time and place of the offense; or
(ii) If the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense;
(B) The value of documents, other than those having a readily ascertainable fair market value, means: (i) The amount due and collectible at maturity, less any part that has been satisfied, if the document constitutes evidence of a debt; or (ii) The greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document, if the document is other than evidence of a debt;
(i) The amount due and collectible at maturity, less any part that has been satisfied, if the document constitutes evidence of a debt; or
(ii) The greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document, if the document is other than evidence of a debt;
(C) If property or service has value that cannot be ascertained by the criteria set forth in subdivisions (a)(39)(A) and (B), the property or service is deemed to have a value of less than fifty dollars ($50.00);
(D) If the defendant gave consideration for or had a legal interest in the property or service that is the object of the offense, the amount of consideration or value of the interest shall be deducted from the value of the property or service ascertained under subdivision (a)(39)(A), (B) or (C) to determine value; and
(E) For a violation of § 39-14-408(b)(1) , the value of the property includes the fair market value of repairing, cleaning, and restoring the property.
(b) The definition of a term in subsection (a) applies to each grammatical variation of the term.
Amended by 2023 Tenn. Acts, ch. 365, s 1, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 83, s 2, eff. 4/7/2021.
Amended by 2020EX2 Tenn. Acts, ch. 3, s 1, eff. 8/20/2020.
Amended by 2019 Tenn. Acts, ch. 279, Secs.s 1, s 2 eff. 5/2/2019.
Amended by 2014 Tenn. Acts, ch. 984,s 1, eff. 7/1/2014.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, §§ 1, 2; 1995, ch. 322, § 1; 1996, ch. 1009, § 22; 1997 , ch. 437, § 2; 2009 , ch. 307, § 1; 2009 , ch. 325, § 1; 2011 , ch. 348, § 1.
Tenn. Code Ann. § 39-17-1508 — TN Code / Title 39 / Chapter 17 / Section 39-17-1508
Required packaging
Status: in_force

It is unlawful for any person to sell cigarettes or smokeless tobacco products except in the original, sealed package in which they were placed by the manufacturer that bears the health warning required by federal law. Acts 1994, ch. 872, § 8; 1999, ch. 354, § 11.
It is unlawful for any person to sell cigarettes or smokeless tobacco products except in the original, sealed package in which they were placed by the manufacturer that bears the health warning required by federal law.
Acts 1994, ch. 872, § 8; 1999, ch. 354, § 11.
Tenn. Code Ann. § 39-14-506 — TN Code / Title 39 / Chapter 14 / Section 39-14-506
Additional penalties
Status: in_force

In addition to the penalties established in this part, the court may, in its discretion, require a person convicted under this part to remove any substance listed under § 39-14-501 that was dropped, placed or discharged by the person and restore the property or waters damaged by the littering to its former condition at the person's expense. Acts 2007, ch. 595, § 1.
In addition to the penalties established in this part, the court may, in its discretion, require a person convicted under this part to remove any substance listed under § 39-14-501 that was dropped, placed or discharged by the person and restore the property or waters damaged by the littering to its former condition at the person's expense.
Acts 2007, ch. 595, § 1.
Tenn. Code Ann. § 39-13-112 — TN Code / Title 39 / Chapter 13 / Section 39-13-112
HIV testing for assault victims - Reporting - Payment for testing
Status: in_force

(a) (1) If a person is initially arrested for a violation of § 39-13-102 , and if the victim of the assault suffered actual contact with the blood or other body fluid of the arrestee, then the arrestee shall undergo human immunodeficiency virus (HIV) testing immediately, upon the request of the victim. A licensed medical laboratory shall perform the test at the expense of the arrestee. The arrestee shall obtain a confirmatory test when necessary. The arrestee shall be referred to appropriate counseling. (2) For purposes of this section, "victim of the assault" is limited to a law enforcement officer; firefighter; correctional officer; youth services officer; probation and parole officer; an employee of the department of correction or the department of children's services; provided, that the officer or employee was performing an official duty; or an emergency medical or rescue worker, emergency medical technician, or paramedic, whether compensated or acting as a volunteer; provided, that such technician or worker was performing an official duty. (b) (1) The licensed medical laboratory shall report the results of the HIV test required under this section immediately to the victim of the assault. (2) The result of the HIV test required under this section is not a public record and shall be available only to: (A) The victim of the assault; (B) The parent or guardian of a minor or incapacitated victim; (C) The attending physician of the person tested and of the victim; (D) The department of health; (E) The department of correction; (F) The person tested; and (G) The district attorney general prosecuting the case. (c) If the arrestee's test indicates that the arrestee is infected with HIV, then the arrestee shall be responsible for the victim's medical bills, laboratory bills and other expenses related to the victim's exposure to HIV, upon a finding that the exposure was from the arrestee. Acts 2000, ch. 932, § 1.
(a) (1) If a person is initially arrested for a violation of § 39-13-102 , and if the victim of the assault suffered actual contact with the blood or other body fluid of the arrestee, then the arrestee shall undergo human immunodeficiency virus (HIV) testing immediately, upon the request of the victim. A licensed medical laboratory shall perform the test at the expense of the arrestee. The arrestee shall obtain a confirmatory test when necessary. The arrestee shall be referred to appropriate counseling. (2) For purposes of this section, "victim of the assault" is limited to a law enforcement officer; firefighter; correctional officer; youth services officer; probation and parole officer; an employee of the department of correction or the department of children's services; provided, that the officer or employee was performing an official duty; or an emergency medical or rescue worker, emergency medical technician, or paramedic, whether compensated or acting as a volunteer; provided, that such technician or worker was performing an official duty.
(1) If a person is initially arrested for a violation of § 39-13-102 , and if the victim of the assault suffered actual contact with the blood or other body fluid of the arrestee, then the arrestee shall undergo human immunodeficiency virus (HIV) testing immediately, upon the request of the victim. A licensed medical laboratory shall perform the test at the expense of the arrestee. The arrestee shall obtain a confirmatory test when necessary. The arrestee shall be referred to appropriate counseling.
(2) For purposes of this section, "victim of the assault" is limited to a law enforcement officer; firefighter; correctional officer; youth services officer; probation and parole officer; an employee of the department of correction or the department of children's services; provided, that the officer or employee was performing an official duty; or an emergency medical or rescue worker, emergency medical technician, or paramedic, whether compensated or acting as a volunteer; provided, that such technician or worker was performing an official duty.
(b) (1) The licensed medical laboratory shall report the results of the HIV test required under this section immediately to the victim of the assault. (2) The result of the HIV test required under this section is not a public record and shall be available only to: (A) The victim of the assault; (B) The parent or guardian of a minor or incapacitated victim; (C) The attending physician of the person tested and of the victim; (D) The department of health; (E) The department of correction; (F) The person tested; and (G) The district attorney general prosecuting the case.
(1) The licensed medical laboratory shall report the results of the HIV test required under this section immediately to the victim of the assault.
(2) The result of the HIV test required under this section is not a public record and shall be available only to: (A) The victim of the assault; (B) The parent or guardian of a minor or incapacitated victim; (C) The attending physician of the person tested and of the victim; (D) The department of health; (E) The department of correction; (F) The person tested; and (G) The district attorney general prosecuting the case.
(A) The victim of the assault;
(B) The parent or guardian of a minor or incapacitated victim;
(C) The attending physician of the person tested and of the victim;
(D) The department of health;
(E) The department of correction;
(F) The person tested; and
(G) The district attorney general prosecuting the case.
(c) If the arrestee's test indicates that the arrestee is infected with HIV, then the arrestee shall be responsible for the victim's medical bills, laboratory bills and other expenses related to the victim's exposure to HIV, upon a finding that the exposure was from the arrestee.
Acts 2000, ch. 932, § 1.
Tenn. Code Ann. § 39-15-504 — TN Code / Title 39 / Chapter 15 / Section 39-15-504
Preservation of testimony of victim
Status: in_force

In a case where an alleged offense under this part has been committed against an elderly or vulnerable adult, the state may make a motion that the testimony of the victim be preserved. Upon the filing of the motion, the court shall set a hearing on that motion within fifteen (15) days. At the hearing, the court shall set a date for the deposition of the victim to be taken. The date for the deposition of the victim must be within sixty (60) days of the filing of the original motion. Rule 15 of the Tennessee Rules of Criminal Procedure governs the manner by which the court is to proceed. It is presumed that a victim under this part needs to have testimony preserved. Rule 15 of the Tennessee Rules of Criminal Procedure governs all other motions to preserve testimony of a witness, made by either party. Amended by 2021 Tenn. Acts, ch. 500, s 11, eff. 10/1/2021. Added by 2017 Tenn. Acts, ch. 466, s 2, eff. 7/1/2017.
In a case where an alleged offense under this part has been committed against an elderly or vulnerable adult, the state may make a motion that the testimony of the victim be preserved. Upon the filing of the motion, the court shall set a hearing on that motion within fifteen (15) days. At the hearing, the court shall set a date for the deposition of the victim to be taken. The date for the deposition of the victim must be within sixty (60) days of the filing of the original motion. Rule 15 of the Tennessee Rules of Criminal Procedure governs the manner by which the court is to proceed. It is presumed that a victim under this part needs to have testimony preserved. Rule 15 of the Tennessee Rules of Criminal Procedure governs all other motions to preserve testimony of a witness, made by either party.
Amended by 2021 Tenn. Acts, ch. 500, s 11, eff. 10/1/2021.
Added by 2017 Tenn. Acts, ch. 466, s 2, eff. 7/1/2017.