Tenn. Code Ann. § 39-15-218 — TN Code / Title 39 / Chapter 15 / Section 39-15-218
Section definitions - Posting of sign about chemical abortion - Required warning about chemical abortion - Required statement in medical discharge instructions - Required information prior to abortion due to medical emergency - Department of Health materials and website - Violations - Civil penalty - Civil action for damages - Attorney's fees - Ruling on woman's anonymity
Status: in_force

(a) Notwithstanding any provision of law to the contrary, for purposes of this section: (1) "Abortion" means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally: (A) Kill the unborn child of a woman known to be pregnant; or (B) Terminate the pregnancy of a woman known to be pregnant, with an intention other than: (i) After viability, to produce a live birth and preserve the life and health of the child born alive; or (ii) To remove a dead unborn child; (2) "Chemical abortion" means the use or prescription of an abortion-inducing drug dispensed with intent to cause the death of the unborn child; (3) "Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the immediate abortion of her pregnancy to avert the death of the pregnant woman or for which a delay will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No condition is a medical emergency if based on a claim or diagnosis that the woman will engage in conduct that the woman intends to result in the death or in substantial and irreversible physical impairment of a major bodily function of the woman; and (4) "Stable internet website" means a website that, to the extent reasonably practicable, is safeguarded from having its content altered other than by the department of health. (b) This section applies to a private office, ambulatory surgical treatment center, as defined in § 68-11-201 , or other facility, as defined in § 68-11-201 , or clinic, if more than fifty (50) elective abortions were provided in the private office, ambulatory surgical treatment center, facility, or clinic, other than abortions necessary to prevent the death of the pregnant woman, during the previous calendar year. Each private office, ambulatory surgical treatment center, facility, or clinic shall conspicuously post a sign in a location described in subsection (d) in a manner clearly visible to patients, which reads as follows: Recent developing research has indicated that mifepristone alone is not always effective in ending a pregnancy. It may be possible to avoid, cease, or even reverse the intended effects of a chemical abortion utilizing mifepristone if the second pill has not been taken. Please consult with a healthcare professional immediately. (c) The sign required pursuant to subsection (b) must be printed with lettering that is legible and at least three-quarters of an inch (0.75") boldfaced type. (d) A private office or an ambulatory surgical treatment center shall post the required sign in each patient waiting room and patient consultation room used by patients on whom abortions are performed. A hospital or any other facility that is not a private office or ambulatory surgical treatment center shall post the required sign in each patient admission area used by patients on whom abortions are performed. (e) Except in the case of a medical emergency, a chemical abortion involving the two-drug process of dispensing mifepristone first and then misoprostol shall not be performed or induced or attempted to be performed or induced unless the woman is informed by the physician who is to perform the abortion at least forty-eight (48) hours before the abortion, that: (1) It may be possible to reverse the intended effects of a chemical abortion utilizing mifepristone if the woman changes her mind, but that time is of the essence; and (2) Information on and assistance with reversing the effects of a chemical abortion utilizing mifepristone is available on the department of health website. (f) After the first drug involved in the two-drug process is dispensed in a chemical abortion utilizing mifepristone, the physician or an agent of the physician shall provide written medical discharge instructions to the pregnant woman, which must include the following statement: Recent developing research has indicated that mifepristone alone is not always effective in ending a pregnancy. It may be possible to avoid, cease, or even reverse the intended effects of a chemical abortion utilizing mifepristone if the second pill has not been taken. Please consult with a healthcare professional immediately. (g) When a medical emergency compels the performance of an abortion, the physician shall inform the woman prior to the abortion, if possible, of the medical indications supporting the physician's professional medical judgment that an abortion is necessary to prevent the woman's death or that a delay of forty-eight (48) hours will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. (h) Within ninety (90) days after October 1, 2020, the department of health shall publish, in English and in each language that is the primary language of two percent (2%) or more of this state's population, and make available on the department's website as provided in subsection (i), the printed materials required by this subsection (h) in a manner that ensures that the information is easily understood by the general public. The materials must be designed to inform the woman of the possibility of reversing the effects of a chemical abortion utilizing mifepristone if the woman changes her mind and information on and assistance with the resources that may be available to help reverse the effects of a chemical abortion. (i) The department of health shall develop and maintain a stable internet website to provide the information described in subsection (h). The department shall not collect or retain any information regarding website visitors or users. The department shall monitor the website on a daily basis to prevent and correct tampering. The website must be maintained at a minimum resolution of seventy (70) dots per inch. All pictures appearing on the website must be a minimum of two hundred (200) by three hundred (300) pixels. All letters on the website must be a minimum of twelve-point font. All information and pictures must be accessible with an industry standard browser, requiring no additional plugins. (j) Any person who knowingly or recklessly performs or induces or attempts to perform or induce an abortion in violation of this section commits a Class E felony. No penalty may be assessed against the woman upon whom the abortion is performed or induced or attempted to be performed or induced. No penalty or civil liability may be assessed for failure to comply with subdivision (e)(2) unless the department of health has made the information available on the website at the time the physician is required to inform the woman. (k) The department of health shall assess any private office, ambulatory surgical treatment center, or other facility or clinic that negligently fails to post a sign required by subsection (b) a civil penalty of ten thousand dollars ($10,000). Each day on which an abortion, other than in the case of a medical emergency, is performed in any private office, ambulatory surgical treatment center, or other facility or clinic during which the required sign is not posted is a separate violation. (l) Any person upon whom an abortion has been performed that was not in compliance with this section, the father of the unborn child who was the subject of the abortion, or if the woman was younger than eighteen (18) years of age at the time of the chemical abortion or has died as a result of the chemical abortion, the grandparent of the unborn child may bring an action against the person who performed the abortion in knowing or reckless violation of chapter 764 of the Public Acts of 2020 for actual and punitive damages. Any person, upon whom an abortion that was in violation of this section has been attempted, may bring an action against the person who attempted to perform the abortion in knowing or reckless violation of chapter 764 of the Public Acts of 2020 for actual and punitive damages. A court shall not award damages to a plaintiff if the pregnancy resulted from the plaintiff's criminal conduct. (m) If judgment is rendered in favor of the plaintiff in any action brought pursuant to this section, then the court shall also award the plaintiff reasonable attorney's fees. If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, then the court shall award the defendant reasonable attorney's fees. (n) In each civil or criminal proceeding brought under this section, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or attempted must be preserved from public disclosure if the woman does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that the woman's anonymity must be preserved, shall issue orders to the parties, witnesses, and counsel and direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the woman's identity from public disclosure. The order must be accompanied by specific written findings explaining why the anonymity of the woman must be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable, less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, anyone who brings an action under subsection ( l ) shall do so under a pseudonym. This section must not be construed to conceal the identity of the plaintiff or witnesses from the defendant. (o) This section does not affect a provider's legal obligations pursuant to § 39-15-202 . Added by 2020 Tenn. Acts, ch. 764, s 2, eff. 10/1/2020.
(a) Notwithstanding any provision of law to the contrary, for purposes of this section: (1) "Abortion" means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally: (A) Kill the unborn child of a woman known to be pregnant; or (B) Terminate the pregnancy of a woman known to be pregnant, with an intention other than: (i) After viability, to produce a live birth and preserve the life and health of the child born alive; or (ii) To remove a dead unborn child; (2) "Chemical abortion" means the use or prescription of an abortion-inducing drug dispensed with intent to cause the death of the unborn child; (3) "Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the immediate abortion of her pregnancy to avert the death of the pregnant woman or for which a delay will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No condition is a medical emergency if based on a claim or diagnosis that the woman will engage in conduct that the woman intends to result in the death or in substantial and irreversible physical impairment of a major bodily function of the woman; and (4) "Stable internet website" means a website that, to the extent reasonably practicable, is safeguarded from having its content altered other than by the department of health.
(1) "Abortion" means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally: (A) Kill the unborn child of a woman known to be pregnant; or (B) Terminate the pregnancy of a woman known to be pregnant, with an intention other than: (i) After viability, to produce a live birth and preserve the life and health of the child born alive; or (ii) To remove a dead unborn child;
(A) Kill the unborn child of a woman known to be pregnant; or
(B) Terminate the pregnancy of a woman known to be pregnant, with an intention other than: (i) After viability, to produce a live birth and preserve the life and health of the child born alive; or (ii) To remove a dead unborn child;
(i) After viability, to produce a live birth and preserve the life and health of the child born alive; or
(ii) To remove a dead unborn child;
(2) "Chemical abortion" means the use or prescription of an abortion-inducing drug dispensed with intent to cause the death of the unborn child;
(3) "Medical emergency" means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the immediate abortion of her pregnancy to avert the death of the pregnant woman or for which a delay will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No condition is a medical emergency if based on a claim or diagnosis that the woman will engage in conduct that the woman intends to result in the death or in substantial and irreversible physical impairment of a major bodily function of the woman; and
(4) "Stable internet website" means a website that, to the extent reasonably practicable, is safeguarded from having its content altered other than by the department of health.
(b) This section applies to a private office, ambulatory surgical treatment center, as defined in § 68-11-201 , or other facility, as defined in § 68-11-201 , or clinic, if more than fifty (50) elective abortions were provided in the private office, ambulatory surgical treatment center, facility, or clinic, other than abortions necessary to prevent the death of the pregnant woman, during the previous calendar year. Each private office, ambulatory surgical treatment center, facility, or clinic shall conspicuously post a sign in a location described in subsection (d) in a manner clearly visible to patients, which reads as follows: Recent developing research has indicated that mifepristone alone is not always effective in ending a pregnancy. It may be possible to avoid, cease, or even reverse the intended effects of a chemical abortion utilizing mifepristone if the second pill has not been taken. Please consult with a healthcare professional immediately.
Recent developing research has indicated that mifepristone alone is not always effective in ending a pregnancy. It may be possible to avoid, cease, or even reverse the intended effects of a chemical abortion utilizing mifepristone if the second pill has not been taken. Please consult with a healthcare professional immediately.
(c) The sign required pursuant to subsection (b) must be printed with lettering that is legible and at least three-quarters of an inch (0.75") boldfaced type.
(d) A private office or an ambulatory surgical treatment center shall post the required sign in each patient waiting room and patient consultation room used by patients on whom abortions are performed. A hospital or any other facility that is not a private office or ambulatory surgical treatment center shall post the required sign in each patient admission area used by patients on whom abortions are performed.
(e) Except in the case of a medical emergency, a chemical abortion involving the two-drug process of dispensing mifepristone first and then misoprostol shall not be performed or induced or attempted to be performed or induced unless the woman is informed by the physician who is to perform the abortion at least forty-eight (48) hours before the abortion, that: (1) It may be possible to reverse the intended effects of a chemical abortion utilizing mifepristone if the woman changes her mind, but that time is of the essence; and (2) Information on and assistance with reversing the effects of a chemical abortion utilizing mifepristone is available on the department of health website.
(1) It may be possible to reverse the intended effects of a chemical abortion utilizing mifepristone if the woman changes her mind, but that time is of the essence; and
(2) Information on and assistance with reversing the effects of a chemical abortion utilizing mifepristone is available on the department of health website.
(f) After the first drug involved in the two-drug process is dispensed in a chemical abortion utilizing mifepristone, the physician or an agent of the physician shall provide written medical discharge instructions to the pregnant woman, which must include the following statement: Recent developing research has indicated that mifepristone alone is not always effective in ending a pregnancy. It may be possible to avoid, cease, or even reverse the intended effects of a chemical abortion utilizing mifepristone if the second pill has not been taken. Please consult with a healthcare professional immediately.
Recent developing research has indicated that mifepristone alone is not always effective in ending a pregnancy. It may be possible to avoid, cease, or even reverse the intended effects of a chemical abortion utilizing mifepristone if the second pill has not been taken. Please consult with a healthcare professional immediately.
(g) When a medical emergency compels the performance of an abortion, the physician shall inform the woman prior to the abortion, if possible, of the medical indications supporting the physician's professional medical judgment that an abortion is necessary to prevent the woman's death or that a delay of forty-eight (48) hours will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.
(h) Within ninety (90) days after October 1, 2020, the department of health shall publish, in English and in each language that is the primary language of two percent (2%) or more of this state's population, and make available on the department's website as provided in subsection (i), the printed materials required by this subsection (h) in a manner that ensures that the information is easily understood by the general public. The materials must be designed to inform the woman of the possibility of reversing the effects of a chemical abortion utilizing mifepristone if the woman changes her mind and information on and assistance with the resources that may be available to help reverse the effects of a chemical abortion.
(i) The department of health shall develop and maintain a stable internet website to provide the information described in subsection (h). The department shall not collect or retain any information regarding website visitors or users. The department shall monitor the website on a daily basis to prevent and correct tampering. The website must be maintained at a minimum resolution of seventy (70) dots per inch. All pictures appearing on the website must be a minimum of two hundred (200) by three hundred (300) pixels. All letters on the website must be a minimum of twelve-point font. All information and pictures must be accessible with an industry standard browser, requiring no additional plugins.
(j) Any person who knowingly or recklessly performs or induces or attempts to perform or induce an abortion in violation of this section commits a Class E felony. No penalty may be assessed against the woman upon whom the abortion is performed or induced or attempted to be performed or induced. No penalty or civil liability may be assessed for failure to comply with subdivision (e)(2) unless the department of health has made the information available on the website at the time the physician is required to inform the woman.
(k) The department of health shall assess any private office, ambulatory surgical treatment center, or other facility or clinic that negligently fails to post a sign required by subsection (b) a civil penalty of ten thousand dollars ($10,000). Each day on which an abortion, other than in the case of a medical emergency, is performed in any private office, ambulatory surgical treatment center, or other facility or clinic during which the required sign is not posted is a separate violation.
(l) Any person upon whom an abortion has been performed that was not in compliance with this section, the father of the unborn child who was the subject of the abortion, or if the woman was younger than eighteen (18) years of age at the time of the chemical abortion or has died as a result of the chemical abortion, the grandparent of the unborn child may bring an action against the person who performed the abortion in knowing or reckless violation of chapter 764 of the Public Acts of 2020 for actual and punitive damages. Any person, upon whom an abortion that was in violation of this section has been attempted, may bring an action against the person who attempted to perform the abortion in knowing or reckless violation of chapter 764 of the Public Acts of 2020 for actual and punitive damages. A court shall not award damages to a plaintiff if the pregnancy resulted from the plaintiff's criminal conduct.
(m) If judgment is rendered in favor of the plaintiff in any action brought pursuant to this section, then the court shall also award the plaintiff reasonable attorney's fees. If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, then the court shall award the defendant reasonable attorney's fees.
(n) In each civil or criminal proceeding brought under this section, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or attempted must be preserved from public disclosure if the woman does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that the woman's anonymity must be preserved, shall issue orders to the parties, witnesses, and counsel and direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the woman's identity from public disclosure. The order must be accompanied by specific written findings explaining why the anonymity of the woman must be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable, less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, anyone who brings an action under subsection ( l ) shall do so under a pseudonym. This section must not be construed to conceal the identity of the plaintiff or witnesses from the defendant.
(o) This section does not affect a provider's legal obligations pursuant to § 39-15-202 .
Added by 2020 Tenn. Acts, ch. 764, s 2, eff. 10/1/2020.
Tenn. Code Ann. § 39-17-1811 — TN Code / Title 39 / Chapter 17 / Section 39-17-1811
Rules and regulations
Status: in_force

(a) The department of health, in consultation with the department of labor and workforce development, is authorized to promulgate rules and regulations to effectuate this part. (b) The department of labor and workforce development, in consultation with the department of health, is authorized to promulgate rules and regulations to effectuate this part. Acts 2007, ch. 410, § 2.
(a) The department of health, in consultation with the department of labor and workforce development, is authorized to promulgate rules and regulations to effectuate this part.
(b) The department of labor and workforce development, in consultation with the department of health, is authorized to promulgate rules and regulations to effectuate this part.
Acts 2007, ch. 410, § 2.
Tenn. Code Ann. § 39-15-210 — TN Code / Title 39 / Chapter 15 / Section 39-15-210
Child Rape Protection Act of 2006
Status: in_force

(a) This section shall be known and may be cited as the "Child Rape Protection Act of 2006." (b) (1) When a physician has reasonable cause to report the sexual abuse of a minor pursuant to § 37-1-605 , because the physician has been requested to perform an abortion on a minor who is less than thirteen (13) years of age, the physician shall, at the time of the report, also notify the official to whom the report is made of the date and time of the scheduled abortion and that a sample of the embryonic or fetal tissue extracted during the abortion will be preserved and available to be turned over to the appropriate law enforcement officer conducting the investigation into the rape of the minor. (2) If a minor who is at least thirteen (13) but no more than seventeen (17) years of age requests a physician to perform an abortion and the physician has reasonable cause to believe there is child sexual abuse involved as defined by § 37-1-602 , the physician shall report the abuse pursuant to § 37-1-605 . This subdivision (b)(2) shall apply only when a physician performs elective abortion services as a part of their practice. (c) (1) In the transmission of the embryonic or fetal tissue sample to the appropriate law enforcement officer, in order to protect the identity and privacy of the minor, all identifying information concerning the minor shall be treated as confidential and shall not be released to anyone other than the investigating and prosecuting authorities directly involved in the case of the particular minor. (2) Where the minor has obtained a judicial waiver of the parental notification requirements pursuant to title 37, chapter 10, part 3, confidentiality shall be maintained as provided in that part. (d) It is an offense for a physician licensed or certified under title 63, chapter 6 or 9, or other person to knowingly fail to comply with this section or any rule or regulation adopted pursuant to this section. (1) A first violation of this section is a civil penalty to be assessed by the provider's health related board of not less than five hundred dollars ($500); (2) A second violation of this section is a civil penalty to be assessed by the provider's health related board of not less than one thousand dollars ($1,000); and (3) A third or subsequent violation of this section is a Class A misdemeanor. (e) If the person performing the abortion is a physician licensed or certified under title 63, chapter 6 or 9, the violation constitutes unprofessional conduct. The conduct subjects the physician, in addition to the penalties set out in subsection (d), to disciplinary action. Amended by 2019 Tenn. Acts, ch. 424,s 1, eff. 7/1/2019. Acts 2006, ch. 845, § 1.
(a) This section shall be known and may be cited as the "Child Rape Protection Act of 2006."
(b) (1) When a physician has reasonable cause to report the sexual abuse of a minor pursuant to § 37-1-605 , because the physician has been requested to perform an abortion on a minor who is less than thirteen (13) years of age, the physician shall, at the time of the report, also notify the official to whom the report is made of the date and time of the scheduled abortion and that a sample of the embryonic or fetal tissue extracted during the abortion will be preserved and available to be turned over to the appropriate law enforcement officer conducting the investigation into the rape of the minor. (2) If a minor who is at least thirteen (13) but no more than seventeen (17) years of age requests a physician to perform an abortion and the physician has reasonable cause to believe there is child sexual abuse involved as defined by § 37-1-602 , the physician shall report the abuse pursuant to § 37-1-605 . This subdivision (b)(2) shall apply only when a physician performs elective abortion services as a part of their practice.
(1) When a physician has reasonable cause to report the sexual abuse of a minor pursuant to § 37-1-605 , because the physician has been requested to perform an abortion on a minor who is less than thirteen (13) years of age, the physician shall, at the time of the report, also notify the official to whom the report is made of the date and time of the scheduled abortion and that a sample of the embryonic or fetal tissue extracted during the abortion will be preserved and available to be turned over to the appropriate law enforcement officer conducting the investigation into the rape of the minor.
(2) If a minor who is at least thirteen (13) but no more than seventeen (17) years of age requests a physician to perform an abortion and the physician has reasonable cause to believe there is child sexual abuse involved as defined by § 37-1-602 , the physician shall report the abuse pursuant to § 37-1-605 . This subdivision (b)(2) shall apply only when a physician performs elective abortion services as a part of their practice.
(c) (1) In the transmission of the embryonic or fetal tissue sample to the appropriate law enforcement officer, in order to protect the identity and privacy of the minor, all identifying information concerning the minor shall be treated as confidential and shall not be released to anyone other than the investigating and prosecuting authorities directly involved in the case of the particular minor. (2) Where the minor has obtained a judicial waiver of the parental notification requirements pursuant to title 37, chapter 10, part 3, confidentiality shall be maintained as provided in that part.
(1) In the transmission of the embryonic or fetal tissue sample to the appropriate law enforcement officer, in order to protect the identity and privacy of the minor, all identifying information concerning the minor shall be treated as confidential and shall not be released to anyone other than the investigating and prosecuting authorities directly involved in the case of the particular minor.
(2) Where the minor has obtained a judicial waiver of the parental notification requirements pursuant to title 37, chapter 10, part 3, confidentiality shall be maintained as provided in that part.
(d) It is an offense for a physician licensed or certified under title 63, chapter 6 or 9, or other person to knowingly fail to comply with this section or any rule or regulation adopted pursuant to this section. (1) A first violation of this section is a civil penalty to be assessed by the provider's health related board of not less than five hundred dollars ($500); (2) A second violation of this section is a civil penalty to be assessed by the provider's health related board of not less than one thousand dollars ($1,000); and (3) A third or subsequent violation of this section is a Class A misdemeanor.
(1) A first violation of this section is a civil penalty to be assessed by the provider's health related board of not less than five hundred dollars ($500);
(2) A second violation of this section is a civil penalty to be assessed by the provider's health related board of not less than one thousand dollars ($1,000); and
(3) A third or subsequent violation of this section is a Class A misdemeanor.
(e) If the person performing the abortion is a physician licensed or certified under title 63, chapter 6 or 9, the violation constitutes unprofessional conduct. The conduct subjects the physician, in addition to the penalties set out in subsection (d), to disciplinary action.
Amended by 2019 Tenn. Acts, ch. 424,s 1, eff. 7/1/2019.
Acts 2006, ch. 845, § 1.
Tenn. Code Ann. § 39-14-908 — TN Code / Title 39 / Chapter 14 / Section 39-14-908
Assistance by other agencies
Status: in_force

The attorney general may authorize any governmental department or agency of this state, any political subdivision thereof, or any other state or federal government to participate in the investigation into the conduct giving rise to a criminal offense under this part. Acts 1996, ch. 1012, § 7.
The attorney general may authorize any governmental department or agency of this state, any political subdivision thereof, or any other state or federal government to participate in the investigation into the conduct giving rise to a criminal offense under this part.
Acts 1996, ch. 1012, § 7.
Tenn. Code Ann. § 39-13-517 — TN Code / Title 39 / Chapter 13 / Section 39-13-517
Public indecency
Status: in_force

(a) As used in this section: (1) "Nudity" or "state of nudity" means the showing of the bare human male or female genitals or pubic area with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of the areola, or the showing of the covered male genitals in a discernibly turgid state. Nudity or state of nudity does not include a mother in the act of nursing the mother's baby; and (2) (A) (i) "Public place" means any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. Public place includes, but is not limited to, streets, sidewalks, parks, beaches, business and commercial establishments, whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement, bottle clubs, hotels, motels, restaurants, night clubs, country clubs, cabarets and meeting facilities utilized by any religious, social, fraternal or similar organizations; (ii) For purposes of subdivision (b)(1) and (b)(2), "public place" includes a public restroom, whether single sex or not; (B) Premises used solely as a private residence, whether permanent or temporary in nature, are not deemed to be a public place. Public place does not include enclosed single sex functional showers, locker or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctors' offices, portions of hospitals and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein; nor does it include a person appearing in a state of nudity in a modeling class operated by a proprietary school, licensed by this state, a college, junior college, or university supported entirely or partly by taxation, or a private college or university where such private college or university maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation or an accredited private college. Public place does not include a private facility that has been formed as a family-oriented clothing optional facility, properly licensed by the state. (b) A person commits the offense of public indecency who, in a public place, knowingly or intentionally: (1) Engages in sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or other ultimate sex acts; (2) Fondles the genitals of the person, or another person; or (3) Appears in a state of nudity or performs an excretory function. (c) A person does not violate subsection (b) if the person makes intentional and reasonable attempts to conceal the person from public view while performing an excretory function, and the person performs the function in an unincorporated area of the state. (d) Public indecency is punishable as follows: (1) A first or second offense is a Class B misdemeanor punishable only by a fine of five hundred dollars ($500) unless otherwise specified under subdivision (d)(3); (2) Unless subdivision (d)(3) applies, a third or subsequent offense is a Class A misdemeanor punishable by a fine of one thousand five hundred dollars ($1,500) or confinement for not more than eleven (11) months and twenty-nine (29) days, or both; and (3) (A) Notwithstanding subdivisions (d)(1) and (2), where the offense involves the defendant engaging in masturbation by self-stimulation, or the use of an inanimate object, on the property of any public school, private or parochial school, licensed day care center, or other child care facility, and the defendant knows or reasonably should know that a child or children are likely to be present on the property at the time of the conduct, the offense is a Class E felony; (B) Where a person is charged with a violation under subdivision (d)(3)(A), and the court grants judicial diversion under § 40-35-313 , the court shall order, as a condition of probation, that the person be enrolled in a satellite-based monitoring program for the full extent of the person's term of probation, in a manner consistent with the requirements of § 40-39-302 . (e) If a person is arrested for public indecency while working as an employee or a contractor, the employer or principal may be held liable for a fine imposed by subdivision (d); provided, however, the employer may not be held liable under this section unless it is shown the employer knew or should have known the acts of the employee or contractor were in violation of this section. (f) This section does not apply to any theatrical production that contains nudity performed in a theater by a professional or amateur theatrical or musical company that has serious artistic merit; provided, that the production is not in violation of chapter 17, part 9 of this title. (g) This section shall not affect in any fashion the ability of local jurisdictions or this state to regulate any activity where alcoholic beverages, including malt beverages, are sold for consumption. Acts 2012, ch. 885, § 2.
(a) As used in this section: (1) "Nudity" or "state of nudity" means the showing of the bare human male or female genitals or pubic area with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of the areola, or the showing of the covered male genitals in a discernibly turgid state. Nudity or state of nudity does not include a mother in the act of nursing the mother's baby; and (2) (A) (i) "Public place" means any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. Public place includes, but is not limited to, streets, sidewalks, parks, beaches, business and commercial establishments, whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement, bottle clubs, hotels, motels, restaurants, night clubs, country clubs, cabarets and meeting facilities utilized by any religious, social, fraternal or similar organizations; (ii) For purposes of subdivision (b)(1) and (b)(2), "public place" includes a public restroom, whether single sex or not; (B) Premises used solely as a private residence, whether permanent or temporary in nature, are not deemed to be a public place. Public place does not include enclosed single sex functional showers, locker or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctors' offices, portions of hospitals and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein; nor does it include a person appearing in a state of nudity in a modeling class operated by a proprietary school, licensed by this state, a college, junior college, or university supported entirely or partly by taxation, or a private college or university where such private college or university maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation or an accredited private college. Public place does not include a private facility that has been formed as a family-oriented clothing optional facility, properly licensed by the state.
(1) "Nudity" or "state of nudity" means the showing of the bare human male or female genitals or pubic area with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of the areola, or the showing of the covered male genitals in a discernibly turgid state. Nudity or state of nudity does not include a mother in the act of nursing the mother's baby; and
(2) (A) (i) "Public place" means any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. Public place includes, but is not limited to, streets, sidewalks, parks, beaches, business and commercial establishments, whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement, bottle clubs, hotels, motels, restaurants, night clubs, country clubs, cabarets and meeting facilities utilized by any religious, social, fraternal or similar organizations; (ii) For purposes of subdivision (b)(1) and (b)(2), "public place" includes a public restroom, whether single sex or not; (B) Premises used solely as a private residence, whether permanent or temporary in nature, are not deemed to be a public place. Public place does not include enclosed single sex functional showers, locker or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctors' offices, portions of hospitals and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein; nor does it include a person appearing in a state of nudity in a modeling class operated by a proprietary school, licensed by this state, a college, junior college, or university supported entirely or partly by taxation, or a private college or university where such private college or university maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation or an accredited private college. Public place does not include a private facility that has been formed as a family-oriented clothing optional facility, properly licensed by the state.
(A) (i) "Public place" means any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. Public place includes, but is not limited to, streets, sidewalks, parks, beaches, business and commercial establishments, whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement, bottle clubs, hotels, motels, restaurants, night clubs, country clubs, cabarets and meeting facilities utilized by any religious, social, fraternal or similar organizations; (ii) For purposes of subdivision (b)(1) and (b)(2), "public place" includes a public restroom, whether single sex or not;
(i) "Public place" means any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. Public place includes, but is not limited to, streets, sidewalks, parks, beaches, business and commercial establishments, whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement, bottle clubs, hotels, motels, restaurants, night clubs, country clubs, cabarets and meeting facilities utilized by any religious, social, fraternal or similar organizations;
(ii) For purposes of subdivision (b)(1) and (b)(2), "public place" includes a public restroom, whether single sex or not;
(B) Premises used solely as a private residence, whether permanent or temporary in nature, are not deemed to be a public place. Public place does not include enclosed single sex functional showers, locker or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctors' offices, portions of hospitals and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein; nor does it include a person appearing in a state of nudity in a modeling class operated by a proprietary school, licensed by this state, a college, junior college, or university supported entirely or partly by taxation, or a private college or university where such private college or university maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation or an accredited private college. Public place does not include a private facility that has been formed as a family-oriented clothing optional facility, properly licensed by the state.
(b) A person commits the offense of public indecency who, in a public place, knowingly or intentionally: (1) Engages in sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or other ultimate sex acts; (2) Fondles the genitals of the person, or another person; or (3) Appears in a state of nudity or performs an excretory function.
(1) Engages in sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or other ultimate sex acts;
(2) Fondles the genitals of the person, or another person; or
(3) Appears in a state of nudity or performs an excretory function.
(c) A person does not violate subsection (b) if the person makes intentional and reasonable attempts to conceal the person from public view while performing an excretory function, and the person performs the function in an unincorporated area of the state.
(d) Public indecency is punishable as follows: (1) A first or second offense is a Class B misdemeanor punishable only by a fine of five hundred dollars ($500) unless otherwise specified under subdivision (d)(3); (2) Unless subdivision (d)(3) applies, a third or subsequent offense is a Class A misdemeanor punishable by a fine of one thousand five hundred dollars ($1,500) or confinement for not more than eleven (11) months and twenty-nine (29) days, or both; and (3) (A) Notwithstanding subdivisions (d)(1) and (2), where the offense involves the defendant engaging in masturbation by self-stimulation, or the use of an inanimate object, on the property of any public school, private or parochial school, licensed day care center, or other child care facility, and the defendant knows or reasonably should know that a child or children are likely to be present on the property at the time of the conduct, the offense is a Class E felony; (B) Where a person is charged with a violation under subdivision (d)(3)(A), and the court grants judicial diversion under § 40-35-313 , the court shall order, as a condition of probation, that the person be enrolled in a satellite-based monitoring program for the full extent of the person's term of probation, in a manner consistent with the requirements of § 40-39-302 .
(1) A first or second offense is a Class B misdemeanor punishable only by a fine of five hundred dollars ($500) unless otherwise specified under subdivision (d)(3);
(2) Unless subdivision (d)(3) applies, a third or subsequent offense is a Class A misdemeanor punishable by a fine of one thousand five hundred dollars ($1,500) or confinement for not more than eleven (11) months and twenty-nine (29) days, or both; and
(3) (A) Notwithstanding subdivisions (d)(1) and (2), where the offense involves the defendant engaging in masturbation by self-stimulation, or the use of an inanimate object, on the property of any public school, private or parochial school, licensed day care center, or other child care facility, and the defendant knows or reasonably should know that a child or children are likely to be present on the property at the time of the conduct, the offense is a Class E felony; (B) Where a person is charged with a violation under subdivision (d)(3)(A), and the court grants judicial diversion under § 40-35-313 , the court shall order, as a condition of probation, that the person be enrolled in a satellite-based monitoring program for the full extent of the person's term of probation, in a manner consistent with the requirements of § 40-39-302 .
(A) Notwithstanding subdivisions (d)(1) and (2), where the offense involves the defendant engaging in masturbation by self-stimulation, or the use of an inanimate object, on the property of any public school, private or parochial school, licensed day care center, or other child care facility, and the defendant knows or reasonably should know that a child or children are likely to be present on the property at the time of the conduct, the offense is a Class E felony;
(B) Where a person is charged with a violation under subdivision (d)(3)(A), and the court grants judicial diversion under § 40-35-313 , the court shall order, as a condition of probation, that the person be enrolled in a satellite-based monitoring program for the full extent of the person's term of probation, in a manner consistent with the requirements of § 40-39-302 .
(e) If a person is arrested for public indecency while working as an employee or a contractor, the employer or principal may be held liable for a fine imposed by subdivision (d); provided, however, the employer may not be held liable under this section unless it is shown the employer knew or should have known the acts of the employee or contractor were in violation of this section.
(f) This section does not apply to any theatrical production that contains nudity performed in a theater by a professional or amateur theatrical or musical company that has serious artistic merit; provided, that the production is not in violation of chapter 17, part 9 of this title.
(g) This section shall not affect in any fashion the ability of local jurisdictions or this state to regulate any activity where alcoholic beverages, including malt beverages, are sold for consumption.
Acts 2012, ch. 885, § 2.
Tenn. Code Ann. § 39-11-611 — TN Code / Title 39 / Chapter 11 / Section 39-11-611
Self-defense
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Business" means a commercial enterprise or establishment owned by a person as all or part of the person's livelihood or is under the owner's control or who is an employee or agent of the owner with responsibility for protecting persons and property and shall include the interior and exterior premises of the business; (2) "Category I nuclear facility" means a facility that possesses a formula quantity of strategic special nuclear material, as defined and licensed by the United States nuclear regulatory commission, and that must comply with the requirements of 10 CFR Part 73 ; (3) "Curtilage" means the area surrounding a dwelling that is necessary, convenient and habitually used for family purposes and for those activities associated with the sanctity of a person's home; (4) "Deadly force" means the use of force intended or likely to cause death or serious bodily injury; (5) "Dwelling" means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, that has a roof over it, including a tent, and is designed for or capable of use by people; (6) "Nuclear power reactor facility" means a reactor designed to produce heat for electric generation, for producing radiation or fissionable materials, or for reactor component testing, and does not include a reactor used for research purposes; (7) "Nuclear security officer" means a person who meets the requirements of 10 CFR Part 73, Appendix B, who is an employee or an employee of a contractor of the owner of a category I nuclear facility or nuclear power reactor facility, and who has been appointed or designated by the owner of a category I nuclear facility or nuclear power reactor facility to provide security for the facility; (8) "Residence" means a dwelling in which a person resides, either temporarily or permanently, or is visiting as an invited guest, or any dwelling, building or other appurtenance within the curtilage of the residence; and (9) "Vehicle" means any motorized vehicle that is self-propelled and designed for use on public highways to transport people or property. (b) (1) Notwithstanding § 39-17-1322 , a person who is not engaged in conduct that would constitute a felony or Class A misdemeanor and is in a place where the person has a right to be has no duty to retreat before threatening or using force against another person when and to the degree the person reasonably believes the force is immediately necessary to protect against the other's use or attempted use of unlawful force. (2) Notwithstanding § 39-17-1322 , a person who is not engaged in conduct that would constitute a felony or Class A misdemeanor and is in a place where the person has a right to be has no duty to retreat before threatening or using force intended or likely to cause death or serious bodily injury, if: (A) The person has a reasonable belief that there is an imminent danger of death, serious bodily injury, or grave sexual abuse; (B) The danger creating the belief of imminent death, serious bodily injury, or grave sexual abuse is real, or honestly believed to be real at the time; and (C) The belief of danger is founded upon reasonable grounds. (3) For purposes of this subsection (b), a person is not engaged in conduct that would constitute a felony or Class A misdemeanor or in a place where the person does not have a right to be if the person is engaged in the activity or in the place due to the person's status as a victim of human trafficking. The person must prove the person's status as a victim of human trafficking by clear and convincing evidence. The person may provide clear and convincing evidence of the person's status as a victim of human trafficking through testimony. (c) Any person using force intended or likely to cause death or serious bodily injury within a residence, business, dwelling or vehicle is presumed to have held a reasonable belief of imminent death or serious bodily injury to self, family, a member of the household or a person visiting as an invited guest, when that force is used against another person, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence, business, dwelling or vehicle, and the person using defensive force knew or had reason to believe that an unlawful and forcible entry occurred. (d) The presumption established in subsection (c) shall not apply, if: (1) The person against whom the force is used has the right to be in or is a lawful resident of the dwelling, business, residence, or vehicle, such as an owner, lessee, or titleholder; provided, that the person is not prohibited from entering the dwelling, business, residence, or occupied vehicle by an order of protection, injunction for protection from domestic abuse, or a court order of no contact against that person; (2) The person against whom the force is used is attempting to remove a person or persons who is a child or grandchild of, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; (3) (A) Notwithstanding § 39-17-1322 , the person using force is engaged in conduct that would constitute a felony or Class A misdemeanor or is using the dwelling, business, residence, or occupied vehicle to further an unlawful activity; (B) For purposes of subdivision (d)(3)(A), a person is not engaged in conduct that would constitute a felony or Class A misdemeanor or using a dwelling, business, residence, or occupied vehicle to further unlawful activity if the person is engaged in the activity or using the dwelling, business, residence, or occupied vehicle due to the person's status as a victim of human trafficking. The person must prove the person's status as a victim of human trafficking by clear and convincing evidence. The person may provide clear and convincing evidence of the person's status as a victim of human trafficking through testimony; or (4) The person against whom force is used is a law enforcement officer, as defined in § 39-11-106 , who enters or attempts to enter a dwelling, business, residence, or vehicle in the performance of the officer's official duties, and the officer identified the officer in accordance with any applicable law, or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer. (e) The threat or use of force against another is not justified: (1) If the person using force consented to the exact force used or attempted by the other individual; (2) If the person using force provoked the other individual's use or attempted use of unlawful force, unless: (A) The person using force abandons the encounter or clearly communicates to the other the intent to do so; and (B) The other person nevertheless continues or attempts to use unlawful force against the person; or (3) To resist a halt at a roadblock, arrest, search, or stop and frisk that the person using force knows is being made by a law enforcement officer, unless: (A) The law enforcement officer uses or attempts to use greater force than necessary to make the arrest, search, stop and frisk, or halt; and (B) The person using force reasonably believes that the force is immediately necessary to protect against the law enforcement officer's use or attempted use of greater force than necessary. (f) A nuclear security officer is authorized to use deadly force under the following circumstances: (1) Deadly force appears reasonably necessary to prevent or impede an act, or attempted act, of radiological sabotage at a category I nuclear facility or nuclear power reactor facility, including, but not limited to, situations where a person is attempting to, or has, unlawfully or forcefully entered a category I nuclear facility or nuclear power reactor facility, and where adversary tactics are employed to attempt an act of radiological sabotage, such as, but not limited to: (A) Use of firearms or small arms; (B) Use of explosive devices; (C) Use of incendiary devices; (D) Use of vehicle borne improvised explosive devices; (E) Use of water borne improvised explosive devices; (F) Breaching of barriers; and (G) Use of other adversary or terrorist tactics which could be employed to attempt an act of radiological sabotage; (2) Deadly force appears reasonably necessary to protect the nuclear security officer or another person if the nuclear security officer reasonably believes there is an imminent danger of death, serious bodily injury, or grave sexual abuse; (3) Deadly force appears reasonably necessary to prevent the imminent infliction or threatened infliction of death, serious bodily injury, or grave sexual abuse or the sabotage of an occupied facility by explosives; (4) Deadly force appears reasonably necessary to prevent the theft, sabotage, or unauthorized control of special nuclear material from a nuclear power reactor facility or of a nuclear weapon or nuclear explosive device or special nuclear material from a category I nuclear facility; or (5) Deadly force reasonably appears to be necessary to apprehend or prevent the escape of a person reasonably believed to: (A) Have committed an offense of the nature specified under this subsection (f); or (B) Be escaping by use of a weapon or explosive or who otherwise poses an imminent danger of death, serious bodily injury, or grave sexual abuse to nuclear security officers or others unless apprehended without delay. Amended by 2021 Tenn. Acts, ch. 115, Secs.s 2, s 3 eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 115, s 1, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 83, Secs.s 4, s 5, s 6, s 7 eff. 4/7/2021. Amended by 2017 Tenn. Acts, ch. 80, Secs.s 1, s 2, s 3, s 4 eff. 3/31/2017. Amended by 2016 Tenn. Acts, ch. 701, s 1, s 2, s 3, Sec.s 4, s 5 eff. 4/6/2016. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 8; 2007 , ch. 210, § 1; 2008 , ch. 1012, § 1; 2009 , ch. 194, § 2; 2012 , ch. 627, §§ 1, 2.
(a) As used in this section, unless the context otherwise requires: (1) "Business" means a commercial enterprise or establishment owned by a person as all or part of the person's livelihood or is under the owner's control or who is an employee or agent of the owner with responsibility for protecting persons and property and shall include the interior and exterior premises of the business; (2) "Category I nuclear facility" means a facility that possesses a formula quantity of strategic special nuclear material, as defined and licensed by the United States nuclear regulatory commission, and that must comply with the requirements of 10 CFR Part 73 ; (3) "Curtilage" means the area surrounding a dwelling that is necessary, convenient and habitually used for family purposes and for those activities associated with the sanctity of a person's home; (4) "Deadly force" means the use of force intended or likely to cause death or serious bodily injury; (5) "Dwelling" means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, that has a roof over it, including a tent, and is designed for or capable of use by people; (6) "Nuclear power reactor facility" means a reactor designed to produce heat for electric generation, for producing radiation or fissionable materials, or for reactor component testing, and does not include a reactor used for research purposes; (7) "Nuclear security officer" means a person who meets the requirements of 10 CFR Part 73, Appendix B, who is an employee or an employee of a contractor of the owner of a category I nuclear facility or nuclear power reactor facility, and who has been appointed or designated by the owner of a category I nuclear facility or nuclear power reactor facility to provide security for the facility; (8) "Residence" means a dwelling in which a person resides, either temporarily or permanently, or is visiting as an invited guest, or any dwelling, building or other appurtenance within the curtilage of the residence; and (9) "Vehicle" means any motorized vehicle that is self-propelled and designed for use on public highways to transport people or property.
(1) "Business" means a commercial enterprise or establishment owned by a person as all or part of the person's livelihood or is under the owner's control or who is an employee or agent of the owner with responsibility for protecting persons and property and shall include the interior and exterior premises of the business;
(2) "Category I nuclear facility" means a facility that possesses a formula quantity of strategic special nuclear material, as defined and licensed by the United States nuclear regulatory commission, and that must comply with the requirements of 10 CFR Part 73 ;
(3) "Curtilage" means the area surrounding a dwelling that is necessary, convenient and habitually used for family purposes and for those activities associated with the sanctity of a person's home;
(4) "Deadly force" means the use of force intended or likely to cause death or serious bodily injury;
(5) "Dwelling" means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, that has a roof over it, including a tent, and is designed for or capable of use by people;
(6) "Nuclear power reactor facility" means a reactor designed to produce heat for electric generation, for producing radiation or fissionable materials, or for reactor component testing, and does not include a reactor used for research purposes;
(7) "Nuclear security officer" means a person who meets the requirements of 10 CFR Part 73, Appendix B, who is an employee or an employee of a contractor of the owner of a category I nuclear facility or nuclear power reactor facility, and who has been appointed or designated by the owner of a category I nuclear facility or nuclear power reactor facility to provide security for the facility;
(8) "Residence" means a dwelling in which a person resides, either temporarily or permanently, or is visiting as an invited guest, or any dwelling, building or other appurtenance within the curtilage of the residence; and
(9) "Vehicle" means any motorized vehicle that is self-propelled and designed for use on public highways to transport people or property.
(b) (1) Notwithstanding § 39-17-1322 , a person who is not engaged in conduct that would constitute a felony or Class A misdemeanor and is in a place where the person has a right to be has no duty to retreat before threatening or using force against another person when and to the degree the person reasonably believes the force is immediately necessary to protect against the other's use or attempted use of unlawful force. (2) Notwithstanding § 39-17-1322 , a person who is not engaged in conduct that would constitute a felony or Class A misdemeanor and is in a place where the person has a right to be has no duty to retreat before threatening or using force intended or likely to cause death or serious bodily injury, if: (A) The person has a reasonable belief that there is an imminent danger of death, serious bodily injury, or grave sexual abuse; (B) The danger creating the belief of imminent death, serious bodily injury, or grave sexual abuse is real, or honestly believed to be real at the time; and (C) The belief of danger is founded upon reasonable grounds. (3) For purposes of this subsection (b), a person is not engaged in conduct that would constitute a felony or Class A misdemeanor or in a place where the person does not have a right to be if the person is engaged in the activity or in the place due to the person's status as a victim of human trafficking. The person must prove the person's status as a victim of human trafficking by clear and convincing evidence. The person may provide clear and convincing evidence of the person's status as a victim of human trafficking through testimony.
(1) Notwithstanding § 39-17-1322 , a person who is not engaged in conduct that would constitute a felony or Class A misdemeanor and is in a place where the person has a right to be has no duty to retreat before threatening or using force against another person when and to the degree the person reasonably believes the force is immediately necessary to protect against the other's use or attempted use of unlawful force.
(2) Notwithstanding § 39-17-1322 , a person who is not engaged in conduct that would constitute a felony or Class A misdemeanor and is in a place where the person has a right to be has no duty to retreat before threatening or using force intended or likely to cause death or serious bodily injury, if: (A) The person has a reasonable belief that there is an imminent danger of death, serious bodily injury, or grave sexual abuse; (B) The danger creating the belief of imminent death, serious bodily injury, or grave sexual abuse is real, or honestly believed to be real at the time; and (C) The belief of danger is founded upon reasonable grounds.
(A) The person has a reasonable belief that there is an imminent danger of death, serious bodily injury, or grave sexual abuse;
(B) The danger creating the belief of imminent death, serious bodily injury, or grave sexual abuse is real, or honestly believed to be real at the time; and
(C) The belief of danger is founded upon reasonable grounds.
(3) For purposes of this subsection (b), a person is not engaged in conduct that would constitute a felony or Class A misdemeanor or in a place where the person does not have a right to be if the person is engaged in the activity or in the place due to the person's status as a victim of human trafficking. The person must prove the person's status as a victim of human trafficking by clear and convincing evidence. The person may provide clear and convincing evidence of the person's status as a victim of human trafficking through testimony.
(c) Any person using force intended or likely to cause death or serious bodily injury within a residence, business, dwelling or vehicle is presumed to have held a reasonable belief of imminent death or serious bodily injury to self, family, a member of the household or a person visiting as an invited guest, when that force is used against another person, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence, business, dwelling or vehicle, and the person using defensive force knew or had reason to believe that an unlawful and forcible entry occurred.
(d) The presumption established in subsection (c) shall not apply, if: (1) The person against whom the force is used has the right to be in or is a lawful resident of the dwelling, business, residence, or vehicle, such as an owner, lessee, or titleholder; provided, that the person is not prohibited from entering the dwelling, business, residence, or occupied vehicle by an order of protection, injunction for protection from domestic abuse, or a court order of no contact against that person; (2) The person against whom the force is used is attempting to remove a person or persons who is a child or grandchild of, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; (3) (A) Notwithstanding § 39-17-1322 , the person using force is engaged in conduct that would constitute a felony or Class A misdemeanor or is using the dwelling, business, residence, or occupied vehicle to further an unlawful activity; (B) For purposes of subdivision (d)(3)(A), a person is not engaged in conduct that would constitute a felony or Class A misdemeanor or using a dwelling, business, residence, or occupied vehicle to further unlawful activity if the person is engaged in the activity or using the dwelling, business, residence, or occupied vehicle due to the person's status as a victim of human trafficking. The person must prove the person's status as a victim of human trafficking by clear and convincing evidence. The person may provide clear and convincing evidence of the person's status as a victim of human trafficking through testimony; or (4) The person against whom force is used is a law enforcement officer, as defined in § 39-11-106 , who enters or attempts to enter a dwelling, business, residence, or vehicle in the performance of the officer's official duties, and the officer identified the officer in accordance with any applicable law, or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.
(1) The person against whom the force is used has the right to be in or is a lawful resident of the dwelling, business, residence, or vehicle, such as an owner, lessee, or titleholder; provided, that the person is not prohibited from entering the dwelling, business, residence, or occupied vehicle by an order of protection, injunction for protection from domestic abuse, or a court order of no contact against that person;
(2) The person against whom the force is used is attempting to remove a person or persons who is a child or grandchild of, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used;
(3) (A) Notwithstanding § 39-17-1322 , the person using force is engaged in conduct that would constitute a felony or Class A misdemeanor or is using the dwelling, business, residence, or occupied vehicle to further an unlawful activity; (B) For purposes of subdivision (d)(3)(A), a person is not engaged in conduct that would constitute a felony or Class A misdemeanor or using a dwelling, business, residence, or occupied vehicle to further unlawful activity if the person is engaged in the activity or using the dwelling, business, residence, or occupied vehicle due to the person's status as a victim of human trafficking. The person must prove the person's status as a victim of human trafficking by clear and convincing evidence. The person may provide clear and convincing evidence of the person's status as a victim of human trafficking through testimony; or
(A) Notwithstanding § 39-17-1322 , the person using force is engaged in conduct that would constitute a felony or Class A misdemeanor or is using the dwelling, business, residence, or occupied vehicle to further an unlawful activity;
(B) For purposes of subdivision (d)(3)(A), a person is not engaged in conduct that would constitute a felony or Class A misdemeanor or using a dwelling, business, residence, or occupied vehicle to further unlawful activity if the person is engaged in the activity or using the dwelling, business, residence, or occupied vehicle due to the person's status as a victim of human trafficking. The person must prove the person's status as a victim of human trafficking by clear and convincing evidence. The person may provide clear and convincing evidence of the person's status as a victim of human trafficking through testimony; or
(4) The person against whom force is used is a law enforcement officer, as defined in § 39-11-106 , who enters or attempts to enter a dwelling, business, residence, or vehicle in the performance of the officer's official duties, and the officer identified the officer in accordance with any applicable law, or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.
(e) The threat or use of force against another is not justified: (1) If the person using force consented to the exact force used or attempted by the other individual; (2) If the person using force provoked the other individual's use or attempted use of unlawful force, unless: (A) The person using force abandons the encounter or clearly communicates to the other the intent to do so; and (B) The other person nevertheless continues or attempts to use unlawful force against the person; or (3) To resist a halt at a roadblock, arrest, search, or stop and frisk that the person using force knows is being made by a law enforcement officer, unless: (A) The law enforcement officer uses or attempts to use greater force than necessary to make the arrest, search, stop and frisk, or halt; and (B) The person using force reasonably believes that the force is immediately necessary to protect against the law enforcement officer's use or attempted use of greater force than necessary.
(1) If the person using force consented to the exact force used or attempted by the other individual;
(2) If the person using force provoked the other individual's use or attempted use of unlawful force, unless: (A) The person using force abandons the encounter or clearly communicates to the other the intent to do so; and (B) The other person nevertheless continues or attempts to use unlawful force against the person; or
(A) The person using force abandons the encounter or clearly communicates to the other the intent to do so; and
(B) The other person nevertheless continues or attempts to use unlawful force against the person; or
(3) To resist a halt at a roadblock, arrest, search, or stop and frisk that the person using force knows is being made by a law enforcement officer, unless: (A) The law enforcement officer uses or attempts to use greater force than necessary to make the arrest, search, stop and frisk, or halt; and (B) The person using force reasonably believes that the force is immediately necessary to protect against the law enforcement officer's use or attempted use of greater force than necessary.
(A) The law enforcement officer uses or attempts to use greater force than necessary to make the arrest, search, stop and frisk, or halt; and
(B) The person using force reasonably believes that the force is immediately necessary to protect against the law enforcement officer's use or attempted use of greater force than necessary.
(f) A nuclear security officer is authorized to use deadly force under the following circumstances: (1) Deadly force appears reasonably necessary to prevent or impede an act, or attempted act, of radiological sabotage at a category I nuclear facility or nuclear power reactor facility, including, but not limited to, situations where a person is attempting to, or has, unlawfully or forcefully entered a category I nuclear facility or nuclear power reactor facility, and where adversary tactics are employed to attempt an act of radiological sabotage, such as, but not limited to: (A) Use of firearms or small arms; (B) Use of explosive devices; (C) Use of incendiary devices; (D) Use of vehicle borne improvised explosive devices; (E) Use of water borne improvised explosive devices; (F) Breaching of barriers; and (G) Use of other adversary or terrorist tactics which could be employed to attempt an act of radiological sabotage; (2) Deadly force appears reasonably necessary to protect the nuclear security officer or another person if the nuclear security officer reasonably believes there is an imminent danger of death, serious bodily injury, or grave sexual abuse; (3) Deadly force appears reasonably necessary to prevent the imminent infliction or threatened infliction of death, serious bodily injury, or grave sexual abuse or the sabotage of an occupied facility by explosives; (4) Deadly force appears reasonably necessary to prevent the theft, sabotage, or unauthorized control of special nuclear material from a nuclear power reactor facility or of a nuclear weapon or nuclear explosive device or special nuclear material from a category I nuclear facility; or (5) Deadly force reasonably appears to be necessary to apprehend or prevent the escape of a person reasonably believed to: (A) Have committed an offense of the nature specified under this subsection (f); or (B) Be escaping by use of a weapon or explosive or who otherwise poses an imminent danger of death, serious bodily injury, or grave sexual abuse to nuclear security officers or others unless apprehended without delay.
(1) Deadly force appears reasonably necessary to prevent or impede an act, or attempted act, of radiological sabotage at a category I nuclear facility or nuclear power reactor facility, including, but not limited to, situations where a person is attempting to, or has, unlawfully or forcefully entered a category I nuclear facility or nuclear power reactor facility, and where adversary tactics are employed to attempt an act of radiological sabotage, such as, but not limited to: (A) Use of firearms or small arms; (B) Use of explosive devices; (C) Use of incendiary devices; (D) Use of vehicle borne improvised explosive devices; (E) Use of water borne improvised explosive devices; (F) Breaching of barriers; and (G) Use of other adversary or terrorist tactics which could be employed to attempt an act of radiological sabotage;
(A) Use of firearms or small arms;
(B) Use of explosive devices;
(C) Use of incendiary devices;
(D) Use of vehicle borne improvised explosive devices;
(E) Use of water borne improvised explosive devices;
(F) Breaching of barriers; and
(G) Use of other adversary or terrorist tactics which could be employed to attempt an act of radiological sabotage;
(2) Deadly force appears reasonably necessary to protect the nuclear security officer or another person if the nuclear security officer reasonably believes there is an imminent danger of death, serious bodily injury, or grave sexual abuse;
(3) Deadly force appears reasonably necessary to prevent the imminent infliction or threatened infliction of death, serious bodily injury, or grave sexual abuse or the sabotage of an occupied facility by explosives;
(4) Deadly force appears reasonably necessary to prevent the theft, sabotage, or unauthorized control of special nuclear material from a nuclear power reactor facility or of a nuclear weapon or nuclear explosive device or special nuclear material from a category I nuclear facility; or
(5) Deadly force reasonably appears to be necessary to apprehend or prevent the escape of a person reasonably believed to: (A) Have committed an offense of the nature specified under this subsection (f); or (B) Be escaping by use of a weapon or explosive or who otherwise poses an imminent danger of death, serious bodily injury, or grave sexual abuse to nuclear security officers or others unless apprehended without delay.
(A) Have committed an offense of the nature specified under this subsection (f); or
(B) Be escaping by use of a weapon or explosive or who otherwise poses an imminent danger of death, serious bodily injury, or grave sexual abuse to nuclear security officers or others unless apprehended without delay.
Amended by 2021 Tenn. Acts, ch. 115, Secs.s 2, s 3 eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 115, s 1, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 83, Secs.s 4, s 5, s 6, s 7 eff. 4/7/2021.
Amended by 2017 Tenn. Acts, ch. 80, Secs.s 1, s 2, s 3, s 4 eff. 3/31/2017.
Amended by 2016 Tenn. Acts, ch. 701, s 1, s 2, s 3, Sec.s 4, s 5 eff. 4/6/2016.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 8; 2007 , ch. 210, § 1; 2008 , ch. 1012, § 1; 2009 , ch. 194, § 2; 2012 , ch. 627, §§ 1, 2.
Tenn. Code Ann. § 39-17-1509 — TN Code / Title 39 / Chapter 17 / Section 39-17-1509
Enforcement - Inspections - Reporting - Civil penalties
Status: in_force

(a) The department shall enforce this part in a manner that may reasonably be expected to reduce the extent to which tobacco, smoking hemp, vapor products, or smokeless nicotine products are sold or distributed to persons under twenty-one (21) years of age, and shall conduct random, unannounced inspections at locations where tobacco, smoking hemp, vapor products, or smokeless nicotine products are sold or distributed to ensure compliance with this part. (b) A person who violates § 39-17-1504 , § 39-17-1506 , § 39-17-1507 or § 39-17-1508 shall receive only a warning letter for the person's first violation and shall not receive a civil penalty for the person's first violation. A person who violates § 39-17-1504 , § 39-17-1506 , § 39-17-1507 or § 39-17-1508 is subject to a civil penalty of not more than five hundred dollars ($500) for the person's second violation, not more than one thousand dollars ($1,000) for the person's third violation and not more than one thousand five hundred dollars ($1,500) for the person's fourth or subsequent violation. For purposes of determining whether a violation is the person's first, second, third, fourth or subsequent violation, the commissioner shall count only those violations that occurred within the previous five (5) years. A civil penalty shall be assessed in the following manner: (1) The commissioner shall issue the assessment of civil penalty against any person responsible for the violation; (2) Any person against whom an assessment has been issued may secure a review of the assessment by filing with the commissioner a written petition setting forth the person's reasons for objection to the assessment and asking for a hearing before the commissioner; (3) Any hearing before the commissioner shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. An appeal from the final order of the commissioner may be taken by the person to whom the assessment was issued, and the appeal proceedings shall be conducted in accordance with the judicial review provisions of the Uniform Administrative Procedures Act, codified in §§ 4-5-322 and 4-5-323 ; and (4) If a petition for review is not filed within thirty (30) days after the date the person received the assessment, the person shall be deemed to have consented to the assessment, and it shall become final. Whenever an assessment has become final, the commissioner may apply to the chancery court of Davidson County for a judgment in the amount of the assessment and seek execution on the judgment. The chancery court of Davidson County shall treat a person's failure to file a petition for review of an assessment as a confession of judgment in the amount of the assessment. (c) A person who demanded, was shown, and reasonably relied upon proof of age is not liable for a civil penalty for a violation of § 39-17-1504 or § 39-17-1507 . In the case of distribution of any tobacco, smoking hemp, vapor product, or smokeless nicotine product by mail, a person who obtained a statement from the addressee that the addressee is at least twenty-one (21) years of age is not liable for a civil penalty so long as that distributor of the tobacco, smoking hemp, vapor product, or smokeless nicotine product informed the addressee that § 39-17-1504 prohibits the distribution of tobacco, smoking hemp, vapor products, and smokeless nicotine products to a person under twenty-one (21) years of age. (d) When assessing a civil penalty, the commissioner is authorized to assess the penalty against any person or persons determined by the commissioner to be responsible, in whole or in part, for contributing to or causing the violation to occur, including, but not limited to, the owner, manager or employee of a store at which any tobacco, smoking hemp, vapor product, or smokeless nicotine product is sold at retail, the owner, manager or employee of an establishment in which a vending machine selling tobacco, smoking hemp, vapor products, or smokeless nicotine products is located, and a company or any of its employees engaged in the business of sampling. (e) (1) The owner or manager of a store that sells tobacco, smoking hemp, vapor products, or smokeless nicotine products at retail shall provide training to the store's employees concerning the provisions of this part. As a part of this training, each employee shall, prior to selling tobacco, smoking hemp, vapor products, or smokeless nicotine products at retail, sign a statement containing substantially the following words: I understand that state law prohibits the sale of tobacco, smoking hemp, vapor products, or smokeless nicotine products to persons under twenty-one (21) years of age and that state law requires me to obtain proof of age from a prospective purchaser of tobacco, smoking hemp, vapor products, or smokeless nicotine products who, based on appearance, might be as old as twenty-nine (29) years of age. I promise to obey this law, and I understand that monetary or criminal penalties may be imposed on me if I violate this law. (2) If the commissioner assesses a penalty against the store owner or manager, the owner or manager may present to the commissioner a copy of the statement described in subdivision (e)(1) that was signed by the employee who made the sale to a minor, along with a sworn statement by the owner or manager that the employee had signed the statement prior to the sale to the minor, and the name and address of the employee who made the sale. If the owner or manager does not know which employee made the sale to the minor, the owner or manager may present to the commissioner copies of the statements described in subdivision (e)(1) that were signed by all employees working at the store on the day the sale was made, along with a sworn statement that these employees had signed those statements prior to the sale to the minor. (3) When the store owner or manager presents to the commissioner the statements described in subdivision (e)(2): (A) If the violation is the second violation determined to have occurred at that store, the penalty against the store owner or manager shall be eliminated; or (B) If the violation is the third or subsequent violation determined to have occurred at that store, the commissioner shall consider that evidence and any other evidence with respect to the amount of the penalty against the owner or manager. (f) The department shall prepare annually for submission by the governor to the secretary of the United States department of health and human services the report required by Section 1926 of subpart I of Part B of Title XIX of the Public Health Service Act ( 42 U.S.C. § 300x-26 ). The department shall prepare for submission to the general assembly and the public an annual report describing in detail the department's enforcement efforts under this part. Amended by 2022 Tenn. Acts, ch. 810, Secs.s9, s10, s11, s12, s13, s14 eff. 4/8/2022. Amended by 2020 Tenn. Acts, ch. 732, Secs.s18, s19, s20 eff. 1/1/2021. Amended by 2020 Tenn. Acts, ch. 732, s 17, eff. 1/1/2021. Amended by 2019 Tenn. Acts, ch. 303, Secs.s 12, s 13, s 14, s 15, s 16 eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 303, s 11, eff. 7/1/2019. Amended by 2015 Tenn. Acts, ch. 353, s 12, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 353, s 11, eff. 7/1/2015. Acts 1994, ch. 872, § 10; 1999, ch. 354, § 12.
(a) The department shall enforce this part in a manner that may reasonably be expected to reduce the extent to which tobacco, smoking hemp, vapor products, or smokeless nicotine products are sold or distributed to persons under twenty-one (21) years of age, and shall conduct random, unannounced inspections at locations where tobacco, smoking hemp, vapor products, or smokeless nicotine products are sold or distributed to ensure compliance with this part.
(b) A person who violates § 39-17-1504 , § 39-17-1506 , § 39-17-1507 or § 39-17-1508 shall receive only a warning letter for the person's first violation and shall not receive a civil penalty for the person's first violation. A person who violates § 39-17-1504 , § 39-17-1506 , § 39-17-1507 or § 39-17-1508 is subject to a civil penalty of not more than five hundred dollars ($500) for the person's second violation, not more than one thousand dollars ($1,000) for the person's third violation and not more than one thousand five hundred dollars ($1,500) for the person's fourth or subsequent violation. For purposes of determining whether a violation is the person's first, second, third, fourth or subsequent violation, the commissioner shall count only those violations that occurred within the previous five (5) years. A civil penalty shall be assessed in the following manner: (1) The commissioner shall issue the assessment of civil penalty against any person responsible for the violation; (2) Any person against whom an assessment has been issued may secure a review of the assessment by filing with the commissioner a written petition setting forth the person's reasons for objection to the assessment and asking for a hearing before the commissioner; (3) Any hearing before the commissioner shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. An appeal from the final order of the commissioner may be taken by the person to whom the assessment was issued, and the appeal proceedings shall be conducted in accordance with the judicial review provisions of the Uniform Administrative Procedures Act, codified in §§ 4-5-322 and 4-5-323 ; and (4) If a petition for review is not filed within thirty (30) days after the date the person received the assessment, the person shall be deemed to have consented to the assessment, and it shall become final. Whenever an assessment has become final, the commissioner may apply to the chancery court of Davidson County for a judgment in the amount of the assessment and seek execution on the judgment. The chancery court of Davidson County shall treat a person's failure to file a petition for review of an assessment as a confession of judgment in the amount of the assessment.
(1) The commissioner shall issue the assessment of civil penalty against any person responsible for the violation;
(2) Any person against whom an assessment has been issued may secure a review of the assessment by filing with the commissioner a written petition setting forth the person's reasons for objection to the assessment and asking for a hearing before the commissioner;
(3) Any hearing before the commissioner shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. An appeal from the final order of the commissioner may be taken by the person to whom the assessment was issued, and the appeal proceedings shall be conducted in accordance with the judicial review provisions of the Uniform Administrative Procedures Act, codified in §§ 4-5-322 and 4-5-323 ; and
(4) If a petition for review is not filed within thirty (30) days after the date the person received the assessment, the person shall be deemed to have consented to the assessment, and it shall become final. Whenever an assessment has become final, the commissioner may apply to the chancery court of Davidson County for a judgment in the amount of the assessment and seek execution on the judgment. The chancery court of Davidson County shall treat a person's failure to file a petition for review of an assessment as a confession of judgment in the amount of the assessment.
(c) A person who demanded, was shown, and reasonably relied upon proof of age is not liable for a civil penalty for a violation of § 39-17-1504 or § 39-17-1507 . In the case of distribution of any tobacco, smoking hemp, vapor product, or smokeless nicotine product by mail, a person who obtained a statement from the addressee that the addressee is at least twenty-one (21) years of age is not liable for a civil penalty so long as that distributor of the tobacco, smoking hemp, vapor product, or smokeless nicotine product informed the addressee that § 39-17-1504 prohibits the distribution of tobacco, smoking hemp, vapor products, and smokeless nicotine products to a person under twenty-one (21) years of age.
(d) When assessing a civil penalty, the commissioner is authorized to assess the penalty against any person or persons determined by the commissioner to be responsible, in whole or in part, for contributing to or causing the violation to occur, including, but not limited to, the owner, manager or employee of a store at which any tobacco, smoking hemp, vapor product, or smokeless nicotine product is sold at retail, the owner, manager or employee of an establishment in which a vending machine selling tobacco, smoking hemp, vapor products, or smokeless nicotine products is located, and a company or any of its employees engaged in the business of sampling.
(e) (1) The owner or manager of a store that sells tobacco, smoking hemp, vapor products, or smokeless nicotine products at retail shall provide training to the store's employees concerning the provisions of this part. As a part of this training, each employee shall, prior to selling tobacco, smoking hemp, vapor products, or smokeless nicotine products at retail, sign a statement containing substantially the following words: I understand that state law prohibits the sale of tobacco, smoking hemp, vapor products, or smokeless nicotine products to persons under twenty-one (21) years of age and that state law requires me to obtain proof of age from a prospective purchaser of tobacco, smoking hemp, vapor products, or smokeless nicotine products who, based on appearance, might be as old as twenty-nine (29) years of age. I promise to obey this law, and I understand that monetary or criminal penalties may be imposed on me if I violate this law. (2) If the commissioner assesses a penalty against the store owner or manager, the owner or manager may present to the commissioner a copy of the statement described in subdivision (e)(1) that was signed by the employee who made the sale to a minor, along with a sworn statement by the owner or manager that the employee had signed the statement prior to the sale to the minor, and the name and address of the employee who made the sale. If the owner or manager does not know which employee made the sale to the minor, the owner or manager may present to the commissioner copies of the statements described in subdivision (e)(1) that were signed by all employees working at the store on the day the sale was made, along with a sworn statement that these employees had signed those statements prior to the sale to the minor. (3) When the store owner or manager presents to the commissioner the statements described in subdivision (e)(2): (A) If the violation is the second violation determined to have occurred at that store, the penalty against the store owner or manager shall be eliminated; or (B) If the violation is the third or subsequent violation determined to have occurred at that store, the commissioner shall consider that evidence and any other evidence with respect to the amount of the penalty against the owner or manager.
(1) The owner or manager of a store that sells tobacco, smoking hemp, vapor products, or smokeless nicotine products at retail shall provide training to the store's employees concerning the provisions of this part. As a part of this training, each employee shall, prior to selling tobacco, smoking hemp, vapor products, or smokeless nicotine products at retail, sign a statement containing substantially the following words: I understand that state law prohibits the sale of tobacco, smoking hemp, vapor products, or smokeless nicotine products to persons under twenty-one (21) years of age and that state law requires me to obtain proof of age from a prospective purchaser of tobacco, smoking hemp, vapor products, or smokeless nicotine products who, based on appearance, might be as old as twenty-nine (29) years of age. I promise to obey this law, and I understand that monetary or criminal penalties may be imposed on me if I violate this law.
I understand that state law prohibits the sale of tobacco, smoking hemp, vapor products, or smokeless nicotine products to persons under twenty-one (21) years of age and that state law requires me to obtain proof of age from a prospective purchaser of tobacco, smoking hemp, vapor products, or smokeless nicotine products who, based on appearance, might be as old as twenty-nine (29) years of age. I promise to obey this law, and I understand that monetary or criminal penalties may be imposed on me if I violate this law.
(2) If the commissioner assesses a penalty against the store owner or manager, the owner or manager may present to the commissioner a copy of the statement described in subdivision (e)(1) that was signed by the employee who made the sale to a minor, along with a sworn statement by the owner or manager that the employee had signed the statement prior to the sale to the minor, and the name and address of the employee who made the sale. If the owner or manager does not know which employee made the sale to the minor, the owner or manager may present to the commissioner copies of the statements described in subdivision (e)(1) that were signed by all employees working at the store on the day the sale was made, along with a sworn statement that these employees had signed those statements prior to the sale to the minor.
(3) When the store owner or manager presents to the commissioner the statements described in subdivision (e)(2): (A) If the violation is the second violation determined to have occurred at that store, the penalty against the store owner or manager shall be eliminated; or (B) If the violation is the third or subsequent violation determined to have occurred at that store, the commissioner shall consider that evidence and any other evidence with respect to the amount of the penalty against the owner or manager.
(A) If the violation is the second violation determined to have occurred at that store, the penalty against the store owner or manager shall be eliminated; or
(B) If the violation is the third or subsequent violation determined to have occurred at that store, the commissioner shall consider that evidence and any other evidence with respect to the amount of the penalty against the owner or manager.
(f) The department shall prepare annually for submission by the governor to the secretary of the United States department of health and human services the report required by Section 1926 of subpart I of Part B of Title XIX of the Public Health Service Act ( 42 U.S.C. § 300x-26 ). The department shall prepare for submission to the general assembly and the public an annual report describing in detail the department's enforcement efforts under this part.
Amended by 2022 Tenn. Acts, ch. 810, Secs.s9, s10, s11, s12, s13, s14 eff. 4/8/2022.
Amended by 2020 Tenn. Acts, ch. 732, Secs.s18, s19, s20 eff. 1/1/2021.
Amended by 2020 Tenn. Acts, ch. 732, s 17, eff. 1/1/2021.
Amended by 2019 Tenn. Acts, ch. 303, Secs.s 12, s 13, s 14, s 15, s 16 eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 303, s 11, eff. 7/1/2019.
Amended by 2015 Tenn. Acts, ch. 353, s 12, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 353, s 11, eff. 7/1/2015.
Acts 1994, ch. 872, § 10; 1999, ch. 354, § 12.
Tenn. Code Ann. § 39-12-203 — TN Code / Title 39 / Chapter 12 / Section 39-12-203
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) (A) "Beneficial interest" means either of the following: (i) The interest of a person as a beneficiary under any trust arrangement pursuant to which a trustee or any other person holds legal or record title to personal or real property for the benefit of the person; or (ii) The interest of a person under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real or personal property for the benefit of the person; (B) "Beneficial interest" does not include the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or a limited partnership; (2) "Documentary material" means any book, paper, document, writing, drawing, graph, chart, photograph, phono record, magnetic tape, computer print-out, or other data compilation from which information can be obtained or from which information can be translated into usable form or other tangible item; (3) "Enterprise" means a formal or informal ongoing organization, association, or group that has as one (1) of its primary activities the commission of one (1) or more offenses qualifying as racketeering activity, and that consists of three (3) or more persons: (A) Who share a common name, identifying signs, colors, or symbols, including, but not limited to, terrorist organizations, hate groups, and criminal gangs as defined in § 40-35-121(a)(1) ; or (B) Who share the primary purpose of promoting or facilitating commercial sex acts, as defined under § 39-13-301(4) ; (4) "Innocent person" includes bona fide purchasers and victims; (5) "Investigative agency" means the office of the attorney general and reporter; (6) "Ongoing" means that the enterprise was in existence when the racketeering activity was committed as charged in a petition, warrant, indictment, information, presentment, or action for civil injunctive relief; (7) "Pattern of racketeering activity" means engaging in at least two (2) incidents of racketeering activity that have the same or similar intents, purposes, results, accomplices, victims, or methods of commission or are otherwise interrelated by distinguishing characteristics and are not isolated incidents; provided, that at least one (1) of the incidents occurred after July 1, 2023, and the last of the incidents occurred within eight (8) years after a prior incident. Racketeering activity that was the subject of a prior prosecution that resulted in an acquittal must not be used under this part; (8) "Person" means any individual or entity holding or capable of holding a legal or beneficial interest in property; (9) "Personal property" includes any personal property, or any interest in personal property, or any right, including bank accounts, debts, corporate stocks, patents or copyrights. Personal property and beneficial interest in personal property are deemed located where the trustee is, the personal property is, or the instrument evidencing the right is; (10) "Racketeering activity" means to commit, attempt to commit, conspire to commit, or to aid, attempt to aid, solicit, coerce, facilitate, or intimidate another person to commit: (A) An offense under chapter 13, part 2 of this title, relating to criminal homicide; (B) An offense under chapter 13, part 3 of this title, relating to kidnapping, false imprisonment, or human trafficking; (C) An offense under chapter 13, part 4 of this title, relating to robbery; (D) An offense under chapter 13, part 10 of this title, relating to burglary; (E) An offense under chapter 14, part 7 of this title, relating to criminal instruments; (F) An offense under chapter 14, part 9 of this title, relating to money laundering; (G) An offense under chapter 17, part 13 of this title, relating to weapons; (H) Assault under § 39-13-101 ; (I) Aggravated assault under § 39-13-102 ; (J) Reckless endangerment under § 39-13-103 ; (K) Domestic assault under § 39-13-111 ; (L) Violation of an order of protection or restraining order under § 39-13-113 ; (M) Aggravated rape under § 39-13-502 ; (N) Rape under § 39-13-503 ; (O) Aggravated sexual battery under § 39-13-504 ; (P) Promoting prostitution under § 39-13-515 ; (Q) Continuous sexual abuse of a child under § 39-13-518 ; (R) Rape of a child under § 39-13-522 ; (S) Aggravated rape of a child under § 39-13-531 ; (T) Promoting travel for prostitution under § 39-13-533 ; (U) Unauthorized use of automobiles and other vehicles under § 39-14-106 ; (V) Theft of property under § 39-14-103 ; (W) Extortion under § 39-14-112 ; (X) Forgery under § 39-14-114 ; (Y) Criminal simulation under § 39-14-115 ; (Z) Illegal possession or fraudulent use of credit or debit card under § 39-14-118 ; (AA) Identity theft under § 39-14-150 ; (BB) Arson under § 39-14-301 ; (CC) Aggravated arson under § 39-14-302 ; (DD) Setting fire to personal property or land under § 39-14-303 ; (EE) Aggravated criminal trespass under § 39-14-406 ; (FF) Trespass by motor vehicle under § 39-14-407 ; (GG) Vandalism under § 39-14-408 ; (HH) Bribery of a public servant under § 39-16-102 ; (II) Bribery of a witness under § 39-16-107 ; (JJ) Bribery of a juror under § 39-16-108 ; (KK) Contraband in penal institutions under § 39-16-201 ; (LL) Criminal impersonation under § 39-16-301 ; (MM) Using a false identification under § 39-16-303 ; (NN) False reports under § 39-16-502 ; (OO) Tampering with or fabricating evidence under § 39-16-503 ; (PP) Coercion or persuasion of a witness under § 39-16-507 ; (QQ) Coercion of a juror under § 39-16-508 ; (RR) Improper influence of a juror under § 39-16-509 ; (SS) Retaliation for past action under § 39-16-510 ; (TT) Threats of mass violence on school property or at a school-related activity under § 39-16-517 ; (UU) Obstruction of law enforcement under § 39-16-602 ; (VV) Evading arrest under § 39-16-603 ; (WW) Escape under § 39-16-605 ; (XX) Introduction of implements for escape under § 39-16-608 ; (YY) Perjury under § 39-16-702 ; (ZZ) Aggravated perjury under § 39-16-703 ; (AAA) Subornation of perjury under § 39-16-705 ; (BBB) Stalking, aggravated stalking, or especially aggravated stalking under § 39-17-315 ; (CCC) A drug offense under § 39-17-417 ; (DDD) Simple possession or casual exchange under § 39-17-418 ; (EEE) Counterfeit controlled substances under § 39-17-423 ; (FFF) Unlawful drug paraphernalia under § 39-17-425 ; (GGG) Immediate methamphetamine precursor under § 39-17-431 ; (HHH) Promotion of methamphetamine manufacture under § 39-17-433 ; (III) Manufacture, delivery, sale, or possession of methamphetamines under § 39-17-434 ; (JJJ) Initiation of methamphetamine manufacture process under § 39-17-435 ; (KKK) Controlled substance analogue under § 39-17-454 ; (LLL) Gambling under § 39-17-502 ; (MMM) Gambling promotion under § 39-17-503 ; (NNN) Aggravated gambling promotion under § 39-17-504 ; (OOO) Sexual exploitation of a minor under § 39-17-1003 ; (PPP) Aggravated sexual exploitation of a minor under § 39-17-1004 ; or (QQQ) Especially aggravated sexual exploitation of a minor under § 39-17-1005 ; (11) "Real property" means any real property situated in this state or any interest in the real property, including, but not limited to, any lease of or mortgage upon such real property. Real property and beneficial interest in real property are deemed to be located where the real property is located; (12) "RICO lien notice" means the notice described in § 39-12-207 ; and (13) (A) "Trustee" means any of the following: (i) Any person who holds legal or record title to real or personal property in which any other person has a beneficial interest; or (ii) Any successor trustee to one (1) of the persons in subdivision (12)(A)(i); (B) "Trustee" does not include any person serving as a fiduciary appointed by a court to administer an estate or acting as a trustee of any testamentary trust or as a trustee of any indenture of trust under which any bonds have been or are to be issued. (14) [Deleted by 2023 amendment.] Amended by 2023 Tenn. Acts, ch. 487, s 6, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 487, s 5, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 487, s 4, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 487, s 3, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 487, s 2, eff. 7/1/2023. Amended by 2013 Tenn. Acts, ch. 278, s 1, eff. 7/1/2013. Acts 1989, ch. 591, § 1; 1992, ch. 937, §§ 1, 2; 2012, ch. 1090, §§ 1, 2.
As used in this part, unless the context otherwise requires:
(1) (A) "Beneficial interest" means either of the following: (i) The interest of a person as a beneficiary under any trust arrangement pursuant to which a trustee or any other person holds legal or record title to personal or real property for the benefit of the person; or (ii) The interest of a person under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real or personal property for the benefit of the person; (B) "Beneficial interest" does not include the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or a limited partnership;
(A) "Beneficial interest" means either of the following: (i) The interest of a person as a beneficiary under any trust arrangement pursuant to which a trustee or any other person holds legal or record title to personal or real property for the benefit of the person; or (ii) The interest of a person under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real or personal property for the benefit of the person;
(i) The interest of a person as a beneficiary under any trust arrangement pursuant to which a trustee or any other person holds legal or record title to personal or real property for the benefit of the person; or
(ii) The interest of a person under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real or personal property for the benefit of the person;
(B) "Beneficial interest" does not include the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or a limited partnership;
(2) "Documentary material" means any book, paper, document, writing, drawing, graph, chart, photograph, phono record, magnetic tape, computer print-out, or other data compilation from which information can be obtained or from which information can be translated into usable form or other tangible item;
(3) "Enterprise" means a formal or informal ongoing organization, association, or group that has as one (1) of its primary activities the commission of one (1) or more offenses qualifying as racketeering activity, and that consists of three (3) or more persons: (A) Who share a common name, identifying signs, colors, or symbols, including, but not limited to, terrorist organizations, hate groups, and criminal gangs as defined in § 40-35-121(a)(1) ; or (B) Who share the primary purpose of promoting or facilitating commercial sex acts, as defined under § 39-13-301(4) ;
(A) Who share a common name, identifying signs, colors, or symbols, including, but not limited to, terrorist organizations, hate groups, and criminal gangs as defined in § 40-35-121(a)(1) ; or
(B) Who share the primary purpose of promoting or facilitating commercial sex acts, as defined under § 39-13-301(4) ;
(4) "Innocent person" includes bona fide purchasers and victims;
(5) "Investigative agency" means the office of the attorney general and reporter;
(6) "Ongoing" means that the enterprise was in existence when the racketeering activity was committed as charged in a petition, warrant, indictment, information, presentment, or action for civil injunctive relief;
(7) "Pattern of racketeering activity" means engaging in at least two (2) incidents of racketeering activity that have the same or similar intents, purposes, results, accomplices, victims, or methods of commission or are otherwise interrelated by distinguishing characteristics and are not isolated incidents; provided, that at least one (1) of the incidents occurred after July 1, 2023, and the last of the incidents occurred within eight (8) years after a prior incident. Racketeering activity that was the subject of a prior prosecution that resulted in an acquittal must not be used under this part;
(8) "Person" means any individual or entity holding or capable of holding a legal or beneficial interest in property;
(9) "Personal property" includes any personal property, or any interest in personal property, or any right, including bank accounts, debts, corporate stocks, patents or copyrights. Personal property and beneficial interest in personal property are deemed located where the trustee is, the personal property is, or the instrument evidencing the right is;
(10) "Racketeering activity" means to commit, attempt to commit, conspire to commit, or to aid, attempt to aid, solicit, coerce, facilitate, or intimidate another person to commit: (A) An offense under chapter 13, part 2 of this title, relating to criminal homicide; (B) An offense under chapter 13, part 3 of this title, relating to kidnapping, false imprisonment, or human trafficking; (C) An offense under chapter 13, part 4 of this title, relating to robbery; (D) An offense under chapter 13, part 10 of this title, relating to burglary; (E) An offense under chapter 14, part 7 of this title, relating to criminal instruments; (F) An offense under chapter 14, part 9 of this title, relating to money laundering; (G) An offense under chapter 17, part 13 of this title, relating to weapons; (H) Assault under § 39-13-101 ; (I) Aggravated assault under § 39-13-102 ; (J) Reckless endangerment under § 39-13-103 ; (K) Domestic assault under § 39-13-111 ; (L) Violation of an order of protection or restraining order under § 39-13-113 ; (M) Aggravated rape under § 39-13-502 ; (N) Rape under § 39-13-503 ; (O) Aggravated sexual battery under § 39-13-504 ; (P) Promoting prostitution under § 39-13-515 ; (Q) Continuous sexual abuse of a child under § 39-13-518 ; (R) Rape of a child under § 39-13-522 ; (S) Aggravated rape of a child under § 39-13-531 ; (T) Promoting travel for prostitution under § 39-13-533 ; (U) Unauthorized use of automobiles and other vehicles under § 39-14-106 ; (V) Theft of property under § 39-14-103 ; (W) Extortion under § 39-14-112 ; (X) Forgery under § 39-14-114 ; (Y) Criminal simulation under § 39-14-115 ; (Z) Illegal possession or fraudulent use of credit or debit card under § 39-14-118 ; (AA) Identity theft under § 39-14-150 ; (BB) Arson under § 39-14-301 ; (CC) Aggravated arson under § 39-14-302 ; (DD) Setting fire to personal property or land under § 39-14-303 ; (EE) Aggravated criminal trespass under § 39-14-406 ; (FF) Trespass by motor vehicle under § 39-14-407 ; (GG) Vandalism under § 39-14-408 ; (HH) Bribery of a public servant under § 39-16-102 ; (II) Bribery of a witness under § 39-16-107 ; (JJ) Bribery of a juror under § 39-16-108 ; (KK) Contraband in penal institutions under § 39-16-201 ; (LL) Criminal impersonation under § 39-16-301 ; (MM) Using a false identification under § 39-16-303 ; (NN) False reports under § 39-16-502 ; (OO) Tampering with or fabricating evidence under § 39-16-503 ; (PP) Coercion or persuasion of a witness under § 39-16-507 ; (QQ) Coercion of a juror under § 39-16-508 ; (RR) Improper influence of a juror under § 39-16-509 ; (SS) Retaliation for past action under § 39-16-510 ; (TT) Threats of mass violence on school property or at a school-related activity under § 39-16-517 ; (UU) Obstruction of law enforcement under § 39-16-602 ; (VV) Evading arrest under § 39-16-603 ; (WW) Escape under § 39-16-605 ; (XX) Introduction of implements for escape under § 39-16-608 ; (YY) Perjury under § 39-16-702 ; (ZZ) Aggravated perjury under § 39-16-703 ; (AAA) Subornation of perjury under § 39-16-705 ; (BBB) Stalking, aggravated stalking, or especially aggravated stalking under § 39-17-315 ; (CCC) A drug offense under § 39-17-417 ; (DDD) Simple possession or casual exchange under § 39-17-418 ; (EEE) Counterfeit controlled substances under § 39-17-423 ; (FFF) Unlawful drug paraphernalia under § 39-17-425 ; (GGG) Immediate methamphetamine precursor under § 39-17-431 ; (HHH) Promotion of methamphetamine manufacture under § 39-17-433 ; (III) Manufacture, delivery, sale, or possession of methamphetamines under § 39-17-434 ; (JJJ) Initiation of methamphetamine manufacture process under § 39-17-435 ; (KKK) Controlled substance analogue under § 39-17-454 ; (LLL) Gambling under § 39-17-502 ; (MMM) Gambling promotion under § 39-17-503 ; (NNN) Aggravated gambling promotion under § 39-17-504 ; (OOO) Sexual exploitation of a minor under § 39-17-1003 ; (PPP) Aggravated sexual exploitation of a minor under § 39-17-1004 ; or (QQQ) Especially aggravated sexual exploitation of a minor under § 39-17-1005 ;
(A) An offense under chapter 13, part 2 of this title, relating to criminal homicide;
(B) An offense under chapter 13, part 3 of this title, relating to kidnapping, false imprisonment, or human trafficking;
(C) An offense under chapter 13, part 4 of this title, relating to robbery;
(D) An offense under chapter 13, part 10 of this title, relating to burglary;
(E) An offense under chapter 14, part 7 of this title, relating to criminal instruments;
(F) An offense under chapter 14, part 9 of this title, relating to money laundering;
(G) An offense under chapter 17, part 13 of this title, relating to weapons;
(H) Assault under § 39-13-101 ;
(I) Aggravated assault under § 39-13-102 ;
(J) Reckless endangerment under § 39-13-103 ;
(K) Domestic assault under § 39-13-111 ;
(L) Violation of an order of protection or restraining order under § 39-13-113 ;
(M) Aggravated rape under § 39-13-502 ;
(N) Rape under § 39-13-503 ;
(O) Aggravated sexual battery under § 39-13-504 ;
(P) Promoting prostitution under § 39-13-515 ;
(Q) Continuous sexual abuse of a child under § 39-13-518 ;
(R) Rape of a child under § 39-13-522 ;
(S) Aggravated rape of a child under § 39-13-531 ;
(T) Promoting travel for prostitution under § 39-13-533 ;
(U) Unauthorized use of automobiles and other vehicles under § 39-14-106 ;
(V) Theft of property under § 39-14-103 ;
(W) Extortion under § 39-14-112 ;
(X) Forgery under § 39-14-114 ;
(Y) Criminal simulation under § 39-14-115 ;
(Z) Illegal possession or fraudulent use of credit or debit card under § 39-14-118 ;
(AA) Identity theft under § 39-14-150 ;
(BB) Arson under § 39-14-301 ;
(CC) Aggravated arson under § 39-14-302 ;
(DD) Setting fire to personal property or land under § 39-14-303 ;
(EE) Aggravated criminal trespass under § 39-14-406 ;
(FF) Trespass by motor vehicle under § 39-14-407 ;
(GG) Vandalism under § 39-14-408 ;
(HH) Bribery of a public servant under § 39-16-102 ;
(II) Bribery of a witness under § 39-16-107 ;
(JJ) Bribery of a juror under § 39-16-108 ;
(KK) Contraband in penal institutions under § 39-16-201 ;
(LL) Criminal impersonation under § 39-16-301 ;
(MM) Using a false identification under § 39-16-303 ;
(NN) False reports under § 39-16-502 ;
(OO) Tampering with or fabricating evidence under § 39-16-503 ;
(PP) Coercion or persuasion of a witness under § 39-16-507 ;
(QQ) Coercion of a juror under § 39-16-508 ;
(RR) Improper influence of a juror under § 39-16-509 ;
(SS) Retaliation for past action under § 39-16-510 ;
(TT) Threats of mass violence on school property or at a school-related activity under § 39-16-517 ;
(UU) Obstruction of law enforcement under § 39-16-602 ;
(VV) Evading arrest under § 39-16-603 ;
(WW) Escape under § 39-16-605 ;
(XX) Introduction of implements for escape under § 39-16-608 ;
(YY) Perjury under § 39-16-702 ;
(ZZ) Aggravated perjury under § 39-16-703 ;
(AAA) Subornation of perjury under § 39-16-705 ;
(BBB) Stalking, aggravated stalking, or especially aggravated stalking under § 39-17-315 ;
(CCC) A drug offense under § 39-17-417 ;
(DDD) Simple possession or casual exchange under § 39-17-418 ;
(EEE) Counterfeit controlled substances under § 39-17-423 ;
(FFF) Unlawful drug paraphernalia under § 39-17-425 ;
(GGG) Immediate methamphetamine precursor under § 39-17-431 ;
(HHH) Promotion of methamphetamine manufacture under § 39-17-433 ;
(III) Manufacture, delivery, sale, or possession of methamphetamines under § 39-17-434 ;
(JJJ) Initiation of methamphetamine manufacture process under § 39-17-435 ;
(KKK) Controlled substance analogue under § 39-17-454 ;
(LLL) Gambling under § 39-17-502 ;
(MMM) Gambling promotion under § 39-17-503 ;
(NNN) Aggravated gambling promotion under § 39-17-504 ;
(OOO) Sexual exploitation of a minor under § 39-17-1003 ;
(PPP) Aggravated sexual exploitation of a minor under § 39-17-1004 ; or
(QQQ) Especially aggravated sexual exploitation of a minor under § 39-17-1005 ;
(11) "Real property" means any real property situated in this state or any interest in the real property, including, but not limited to, any lease of or mortgage upon such real property. Real property and beneficial interest in real property are deemed to be located where the real property is located;
(12) "RICO lien notice" means the notice described in § 39-12-207 ; and
(13) (A) "Trustee" means any of the following: (i) Any person who holds legal or record title to real or personal property in which any other person has a beneficial interest; or (ii) Any successor trustee to one (1) of the persons in subdivision (12)(A)(i); (B) "Trustee" does not include any person serving as a fiduciary appointed by a court to administer an estate or acting as a trustee of any testamentary trust or as a trustee of any indenture of trust under which any bonds have been or are to be issued.
(A) "Trustee" means any of the following: (i) Any person who holds legal or record title to real or personal property in which any other person has a beneficial interest; or (ii) Any successor trustee to one (1) of the persons in subdivision (12)(A)(i);
(i) Any person who holds legal or record title to real or personal property in which any other person has a beneficial interest; or
(ii) Any successor trustee to one (1) of the persons in subdivision (12)(A)(i);
(B) "Trustee" does not include any person serving as a fiduciary appointed by a court to administer an estate or acting as a trustee of any testamentary trust or as a trustee of any indenture of trust under which any bonds have been or are to be issued.
(14) [Deleted by 2023 amendment.]
Amended by 2023 Tenn. Acts, ch. 487, s 6, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 487, s 5, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 487, s 4, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 487, s 3, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 487, s 2, eff. 7/1/2023.
Amended by 2013 Tenn. Acts, ch. 278, s 1, eff. 7/1/2013.
Acts 1989, ch. 591, § 1; 1992, ch. 937, §§ 1, 2; 2012, ch. 1090, §§ 1, 2.
Tenn. Code Ann. § 39-14-151 — TN Code / Title 39 / Chapter 14 / Section 39-14-151
Suspension of driver license for gasoline theft
Status: in_force

(a) (1) In addition to the fine and imprisonment authorized by law for the offense of theft, the court may order the suspension of the driver license of a person convicted of theft for a first time for a period not to exceed six (6) months, if the theft conviction involved a person driving the person's motor vehicle off the premises of an establishment where gasoline is offered for retail sale, after dispensing gasoline or motor vehicle fuel into the fuel tank of that person's motor vehicle and failing to remit payment or make an authorized charge for the gasoline or motor vehicle fuel that was dispensed. (2) In addition to the fine and imprisonment authorized by law for the offense of theft, the court shall order the suspension of the driver license of a person convicted of theft for a second time for a period of six (6) months if both such theft convictions involved are of the type of theft specified in subdivision (a)(1). (3) In addition to the fine and imprisonment authorized by law for the offense of theft, the court shall order the suspension of the driver license of a person convicted of theft for a third or subsequent time for a period of one (1) year if all of such theft convictions involved are of the type of theft specified in subdivision (a)(1). (b) If a person's driver license has been suspended under subsection (a), the court is vested with the authority and discretion to allow the continued use of a restricted driver license for the purpose of going to and from and working at the person's regular place of employment or, in the case of a student enrolled full time in a college or university, going to and from that college or university. The same restrictions and requirements for obtaining the license contained in § 55-50-502(c)(3) or (4) shall also apply to restricted licenses issued under this subsection (b). (c) (1) Whenever a person is convicted of an offense under subsection (a) and the court orders the suspension of the driver license of that person, the court in which the conviction is had shall confiscate the license being suspended and forward it to the department of safety together with a report of the license suspension. If the court is unable to take physical possession of the license, the court shall nevertheless forward the report to the department. The report shall include the complete name, address, birth date, eye color, sex, and driver license number, if known, of the person whose license has been suspended, and shall indicate the first and last day of the suspension period. If the person is the holder of a license from another state, the court shall not confiscate the license but shall notify the department, which shall notify the appropriate licensing officials in the other state. The court shall, however, suspend the person's nonresident driving privileges for the appropriate length of time. "Conviction" has the same meaning as defined in § 55-50-503 . (2) Upon receiving the record and the driver license from the court, the department shall suspend the driver license of the person for those periods specified in subsection (a). (3) At the end of the period of time established in subsection (a) and prior to reinstatement of the license, the person upon applying for reinstatement of the license shall pay the restoration fee to the department as required under § 55-12-129(b) . Acts 2000, ch. 855, § 1.
(a) (1) In addition to the fine and imprisonment authorized by law for the offense of theft, the court may order the suspension of the driver license of a person convicted of theft for a first time for a period not to exceed six (6) months, if the theft conviction involved a person driving the person's motor vehicle off the premises of an establishment where gasoline is offered for retail sale, after dispensing gasoline or motor vehicle fuel into the fuel tank of that person's motor vehicle and failing to remit payment or make an authorized charge for the gasoline or motor vehicle fuel that was dispensed. (2) In addition to the fine and imprisonment authorized by law for the offense of theft, the court shall order the suspension of the driver license of a person convicted of theft for a second time for a period of six (6) months if both such theft convictions involved are of the type of theft specified in subdivision (a)(1). (3) In addition to the fine and imprisonment authorized by law for the offense of theft, the court shall order the suspension of the driver license of a person convicted of theft for a third or subsequent time for a period of one (1) year if all of such theft convictions involved are of the type of theft specified in subdivision (a)(1).
(1) In addition to the fine and imprisonment authorized by law for the offense of theft, the court may order the suspension of the driver license of a person convicted of theft for a first time for a period not to exceed six (6) months, if the theft conviction involved a person driving the person's motor vehicle off the premises of an establishment where gasoline is offered for retail sale, after dispensing gasoline or motor vehicle fuel into the fuel tank of that person's motor vehicle and failing to remit payment or make an authorized charge for the gasoline or motor vehicle fuel that was dispensed.
(2) In addition to the fine and imprisonment authorized by law for the offense of theft, the court shall order the suspension of the driver license of a person convicted of theft for a second time for a period of six (6) months if both such theft convictions involved are of the type of theft specified in subdivision (a)(1).
(3) In addition to the fine and imprisonment authorized by law for the offense of theft, the court shall order the suspension of the driver license of a person convicted of theft for a third or subsequent time for a period of one (1) year if all of such theft convictions involved are of the type of theft specified in subdivision (a)(1).
(b) If a person's driver license has been suspended under subsection (a), the court is vested with the authority and discretion to allow the continued use of a restricted driver license for the purpose of going to and from and working at the person's regular place of employment or, in the case of a student enrolled full time in a college or university, going to and from that college or university. The same restrictions and requirements for obtaining the license contained in § 55-50-502(c)(3) or (4) shall also apply to restricted licenses issued under this subsection (b).
(c) (1) Whenever a person is convicted of an offense under subsection (a) and the court orders the suspension of the driver license of that person, the court in which the conviction is had shall confiscate the license being suspended and forward it to the department of safety together with a report of the license suspension. If the court is unable to take physical possession of the license, the court shall nevertheless forward the report to the department. The report shall include the complete name, address, birth date, eye color, sex, and driver license number, if known, of the person whose license has been suspended, and shall indicate the first and last day of the suspension period. If the person is the holder of a license from another state, the court shall not confiscate the license but shall notify the department, which shall notify the appropriate licensing officials in the other state. The court shall, however, suspend the person's nonresident driving privileges for the appropriate length of time. "Conviction" has the same meaning as defined in § 55-50-503 . (2) Upon receiving the record and the driver license from the court, the department shall suspend the driver license of the person for those periods specified in subsection (a). (3) At the end of the period of time established in subsection (a) and prior to reinstatement of the license, the person upon applying for reinstatement of the license shall pay the restoration fee to the department as required under § 55-12-129(b) .
(1) Whenever a person is convicted of an offense under subsection (a) and the court orders the suspension of the driver license of that person, the court in which the conviction is had shall confiscate the license being suspended and forward it to the department of safety together with a report of the license suspension. If the court is unable to take physical possession of the license, the court shall nevertheless forward the report to the department. The report shall include the complete name, address, birth date, eye color, sex, and driver license number, if known, of the person whose license has been suspended, and shall indicate the first and last day of the suspension period. If the person is the holder of a license from another state, the court shall not confiscate the license but shall notify the department, which shall notify the appropriate licensing officials in the other state. The court shall, however, suspend the person's nonresident driving privileges for the appropriate length of time. "Conviction" has the same meaning as defined in § 55-50-503 .
(2) Upon receiving the record and the driver license from the court, the department shall suspend the driver license of the person for those periods specified in subsection (a).
(3) At the end of the period of time established in subsection (a) and prior to reinstatement of the license, the person upon applying for reinstatement of the license shall pay the restoration fee to the department as required under § 55-12-129(b) .
Acts 2000, ch. 855, § 1.
Tenn. Code Ann. § 39-17-1102 — TN Code / Title 39 / Chapter 17 / Section 39-17-1102
Definitions for sports bribery
Status: in_force

As used in § 39-17-1103 , unless the context otherwise requires: (1) "Sports contest" means any professional or amateur sport, athletic game, contest, or race involving machines, persons or animals, viewed by the public, or for which admission is charged; (2) "Sports official" means any person who acts or expects to act in a sports contest as an umpire, referee or judge, or otherwise to officiate at a sports contest; and (3) "Sports participant" means any person who participates or expects to participate in a sports contest as a player, contestant or member of a team, or as a coach, manager, trainer or other person directly associated with a player, contest or team. Acts 1989, ch. 591, § 1.
As used in § 39-17-1103 , unless the context otherwise requires:
(1) "Sports contest" means any professional or amateur sport, athletic game, contest, or race involving machines, persons or animals, viewed by the public, or for which admission is charged;
(2) "Sports official" means any person who acts or expects to act in a sports contest as an umpire, referee or judge, or otherwise to officiate at a sports contest; and
(3) "Sports participant" means any person who participates or expects to participate in a sports contest as a player, contestant or member of a team, or as a coach, manager, trainer or other person directly associated with a player, contest or team.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-306 — TN Code / Title 39 / Chapter 17 / Section 39-17-306
Disrupting meeting or procession
Status: in_force

(a) A person commits an offense if, with the intent to prevent or disrupt a lawful meeting, procession, or gathering, the person substantially obstructs or interferes with the meeting, procession, or gathering by physical action or verbal utterance. (b) A violation of this section is a Class A misdemeanor. Amended by 2020EX2 Tenn. Acts, ch. 3, s 14, eff. 8/20/2020. Acts 1989, ch. 591, § 1.
(a) A person commits an offense if, with the intent to prevent or disrupt a lawful meeting, procession, or gathering, the person substantially obstructs or interferes with the meeting, procession, or gathering by physical action or verbal utterance.
(b) A violation of this section is a Class A misdemeanor.
Amended by 2020EX2 Tenn. Acts, ch. 3, s 14, eff. 8/20/2020.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-14-909 — TN Code / Title 39 / Chapter 14 / Section 39-14-909
Immunity from civil liability
Status: in_force

The reporting of a financial transaction by a corporation or other business entity to a regulator or law enforcement official or agency shall not create a cause of action against the person, corporation or business entity which made the report and the person, corporation or other business entity shall be immune from civil liability for such report. Acts 1996, ch. 1012, § 10.
The reporting of a financial transaction by a corporation or other business entity to a regulator or law enforcement official or agency shall not create a cause of action against the person, corporation or business entity which made the report and the person, corporation or other business entity shall be immune from civil liability for such report.
Acts 1996, ch. 1012, § 10.
Tenn. Code Ann. § 39-17-909 — TN Code / Title 39 / Chapter 17 / Section 39-17-909
Offense of providing location for minors to engage in public indecency
Status: in_force

(a) It is an offense for a person eighteen (18) years of age or older to knowingly promote or organize a gathering of two (2) or more minors in a public place, as defined in § 39-13-511 , with the intent to provide a location for said minors to engage in public indecency as defined in § 39-13-511 . (b) A violation of subsection (a) is a Class A misdemeanor. (c) Any personal property used in the commission of a violation of this section is, upon conviction, subject to judicial forfeiture as provided in title 39, chapter 11, part 7. (d) Nothing in this section shall deprive a court of any authority to suspend or cancel a license, declare the establishment a nuisance or impose costs and other monetary obligations if specifically authorized by law. (e) For purposes of this section "public area on the property of that business or retail establishment" means a public place as defined in § 39-13-511 . Acts 2012, ch. 1091, § 1.
(a) It is an offense for a person eighteen (18) years of age or older to knowingly promote or organize a gathering of two (2) or more minors in a public place, as defined in § 39-13-511 , with the intent to provide a location for said minors to engage in public indecency as defined in § 39-13-511 .
(b) A violation of subsection (a) is a Class A misdemeanor.
(c) Any personal property used in the commission of a violation of this section is, upon conviction, subject to judicial forfeiture as provided in title 39, chapter 11, part 7.
(d) Nothing in this section shall deprive a court of any authority to suspend or cancel a license, declare the establishment a nuisance or impose costs and other monetary obligations if specifically authorized by law.
(e) For purposes of this section "public area on the property of that business or retail establishment" means a public place as defined in § 39-13-511 .
Acts 2012, ch. 1091, § 1.
Tenn. Code Ann. § 39-17-106 — TN Code / Title 39 / Chapter 17 / Section 39-17-106
Gifts of adulterated candy or food
Status: in_force

(a) It is an offense for any person with the intent to harm another knowingly to offer, give or entice another to take or accept any treat, candy, gift, or food that is poisonous or harmful to the health or welfare of the recipient or other person. (b) An offense under this section is a Class E felony. Acts 1989, ch. 591, § 1.
(a) It is an offense for any person with the intent to harm another knowingly to offer, give or entice another to take or accept any treat, candy, gift, or food that is poisonous or harmful to the health or welfare of the recipient or other person.
(b) An offense under this section is a Class E felony.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-1507 — TN Code / Title 39 / Chapter 17 / Section 39-17-1507
Vending machine sales
Status: in_force

(a) It is unlawful for any person to sell tobacco, smoking hemp, vapor products, or smokeless nicotine products through a vending machine unless the vending machine is located in any of the following locations: (1) In areas of factories, businesses, offices, or other places that are not open to the public; (2) In places that are open to the public but to which persons under twenty-one (21) years of age are denied access; (3) In places where alcoholic beverages are sold for consumption on the premises, but only if the vending machine is under the continuous supervision of the owner or lessee of the premises or an employee of the owner or lessee of the premises, and is inaccessible to the public when the establishment is closed; and (4) In other places, but only if the machine is under the continuous supervision of the owner or lessee of the premises or an employee of the owner or lessee of the premises, or the machine can be operated only by the use of a token purchased from the owner or lessee of the premises or an employee of the owner or lessee of the premises prior to each purchase, and is inaccessible to the public when the establishment is closed. (b) In any place where supervision of a vending machine, or operation by token is required by this section, the person responsible for that supervision or the sale of the token shall demand proof of age from a prospective purchaser if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be under thirty (30) years of age. Amended by 2022 Tenn. Acts, ch. 810, s 8, eff. 4/8/2022. Amended by 2020 Tenn. Acts, ch. 732, s 16, eff. 1/1/2021. Amended by 2020 Tenn. Acts, ch. 732, s 15, eff. 1/1/2021. Amended by 2019 Tenn. Acts, ch. 303, s 10, eff. 7/1/2019. Acts 1994, ch. 872, § 7; 1999, ch. 354, §§ 9, 10.
(a) It is unlawful for any person to sell tobacco, smoking hemp, vapor products, or smokeless nicotine products through a vending machine unless the vending machine is located in any of the following locations: (1) In areas of factories, businesses, offices, or other places that are not open to the public; (2) In places that are open to the public but to which persons under twenty-one (21) years of age are denied access; (3) In places where alcoholic beverages are sold for consumption on the premises, but only if the vending machine is under the continuous supervision of the owner or lessee of the premises or an employee of the owner or lessee of the premises, and is inaccessible to the public when the establishment is closed; and (4) In other places, but only if the machine is under the continuous supervision of the owner or lessee of the premises or an employee of the owner or lessee of the premises, or the machine can be operated only by the use of a token purchased from the owner or lessee of the premises or an employee of the owner or lessee of the premises prior to each purchase, and is inaccessible to the public when the establishment is closed.
(1) In areas of factories, businesses, offices, or other places that are not open to the public;
(2) In places that are open to the public but to which persons under twenty-one (21) years of age are denied access;
(3) In places where alcoholic beverages are sold for consumption on the premises, but only if the vending machine is under the continuous supervision of the owner or lessee of the premises or an employee of the owner or lessee of the premises, and is inaccessible to the public when the establishment is closed; and
(4) In other places, but only if the machine is under the continuous supervision of the owner or lessee of the premises or an employee of the owner or lessee of the premises, or the machine can be operated only by the use of a token purchased from the owner or lessee of the premises or an employee of the owner or lessee of the premises prior to each purchase, and is inaccessible to the public when the establishment is closed.
(b) In any place where supervision of a vending machine, or operation by token is required by this section, the person responsible for that supervision or the sale of the token shall demand proof of age from a prospective purchaser if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be under thirty (30) years of age.
Amended by 2022 Tenn. Acts, ch. 810, s 8, eff. 4/8/2022.
Amended by 2020 Tenn. Acts, ch. 732, s 16, eff. 1/1/2021.
Amended by 2020 Tenn. Acts, ch. 732, s 15, eff. 1/1/2021.
Amended by 2019 Tenn. Acts, ch. 303, s 10, eff. 7/1/2019.
Acts 1994, ch. 872, § 7; 1999, ch. 354, §§ 9, 10.
Tenn. Code Ann. § 39-17-433 — TN Code / Title 39 / Chapter 17 / Section 39-17-433
Promotion of methamphetamine manufacture
Status: in_force

(a) It is an offense for a person to promote methamphetamine manufacture. A person promotes methamphetamine manufacture who: (1) Sells, purchases, acquires, or delivers any chemical, drug, ingredient, or apparatus that can be used to produce methamphetamine, knowing that it will be used to produce methamphetamine, or with reckless disregard of its intended use; (2) Purchases or possesses more than nine (9) grams of an immediate methamphetamine precursor with the intent to manufacture methamphetamine or deliver the precursor to another person whom they know intends to manufacture methamphetamine, or with reckless disregard of the person's intent; or (3) Permits a person to use any structure or real property that the defendant owns or has control of, knowing that the person intends to use the structure to manufacture methamphetamine, or with reckless disregard of the person's intent. (b) Expert testimony of a qualified law enforcement officer shall be admissible to establish that a particular chemical, drug, ingredient, or apparatus can be used to produce methamphetamine. For purposes of this testimony, a rebuttable presumption is created that any commercially sold product contains or contained the product that it is represented to contain on its packaging or labels. (c) Possession of more than fifteen (15) grams of an immediate methamphetamine precursor shall be prima facie evidence of intent to violate this section. This subsection (c) shall not apply to the following persons or entities that lawfully possess drug products in the course of legitimate business activities: (1) A pharmacy or pharmacist licensed by the board of pharmacy; (2) A wholesale drug distributor, or its agents, licensed by the board of pharmacy; (3) A manufacturer of drug products, or its agents, licensed by the board of pharmacy; and (4) A licensed health care professional possessing the drug products in the course of carrying out the health care provider's profession. (d) For purposes of this section, "structure" means any house, apartment building, shop, barn, warehouse, building, vessel, railroad car, cargo container, motor vehicle, housecar, trailer, trailer coach, camper, mine, floating home, watercraft, or any other structure capable of holding a clandestine laboratory. (e) (1) If the chemical, drug, ingredient, or apparatus to produce methamphetamine is purchased in violation of subdivision (a)(1) in more than one (1) county, venue for purposes of prosecution under this section is proper in any county in which such an item was purchased. (2) If immediate methamphetamine precursors are purchased in violation of subdivision (a)(2) in more than one (1) county, venue for purposes of prosecution under this section is proper in any county in which a precursor was purchased. (f) A violation of this section is a Class D felony. Acts 1999, ch. 446, § 1; 2005, ch. 18, § 11; 2011, ch. 292, § 4; 2011, ch. 309, § 1.
(a) It is an offense for a person to promote methamphetamine manufacture. A person promotes methamphetamine manufacture who: (1) Sells, purchases, acquires, or delivers any chemical, drug, ingredient, or apparatus that can be used to produce methamphetamine, knowing that it will be used to produce methamphetamine, or with reckless disregard of its intended use; (2) Purchases or possesses more than nine (9) grams of an immediate methamphetamine precursor with the intent to manufacture methamphetamine or deliver the precursor to another person whom they know intends to manufacture methamphetamine, or with reckless disregard of the person's intent; or (3) Permits a person to use any structure or real property that the defendant owns or has control of, knowing that the person intends to use the structure to manufacture methamphetamine, or with reckless disregard of the person's intent.
(1) Sells, purchases, acquires, or delivers any chemical, drug, ingredient, or apparatus that can be used to produce methamphetamine, knowing that it will be used to produce methamphetamine, or with reckless disregard of its intended use;
(2) Purchases or possesses more than nine (9) grams of an immediate methamphetamine precursor with the intent to manufacture methamphetamine or deliver the precursor to another person whom they know intends to manufacture methamphetamine, or with reckless disregard of the person's intent; or
(3) Permits a person to use any structure or real property that the defendant owns or has control of, knowing that the person intends to use the structure to manufacture methamphetamine, or with reckless disregard of the person's intent.
(b) Expert testimony of a qualified law enforcement officer shall be admissible to establish that a particular chemical, drug, ingredient, or apparatus can be used to produce methamphetamine. For purposes of this testimony, a rebuttable presumption is created that any commercially sold product contains or contained the product that it is represented to contain on its packaging or labels.
(c) Possession of more than fifteen (15) grams of an immediate methamphetamine precursor shall be prima facie evidence of intent to violate this section. This subsection (c) shall not apply to the following persons or entities that lawfully possess drug products in the course of legitimate business activities: (1) A pharmacy or pharmacist licensed by the board of pharmacy; (2) A wholesale drug distributor, or its agents, licensed by the board of pharmacy; (3) A manufacturer of drug products, or its agents, licensed by the board of pharmacy; and (4) A licensed health care professional possessing the drug products in the course of carrying out the health care provider's profession.
(1) A pharmacy or pharmacist licensed by the board of pharmacy;
(2) A wholesale drug distributor, or its agents, licensed by the board of pharmacy;
(3) A manufacturer of drug products, or its agents, licensed by the board of pharmacy; and
(4) A licensed health care professional possessing the drug products in the course of carrying out the health care provider's profession.
(d) For purposes of this section, "structure" means any house, apartment building, shop, barn, warehouse, building, vessel, railroad car, cargo container, motor vehicle, housecar, trailer, trailer coach, camper, mine, floating home, watercraft, or any other structure capable of holding a clandestine laboratory.
(e) (1) If the chemical, drug, ingredient, or apparatus to produce methamphetamine is purchased in violation of subdivision (a)(1) in more than one (1) county, venue for purposes of prosecution under this section is proper in any county in which such an item was purchased. (2) If immediate methamphetamine precursors are purchased in violation of subdivision (a)(2) in more than one (1) county, venue for purposes of prosecution under this section is proper in any county in which a precursor was purchased.
(1) If the chemical, drug, ingredient, or apparatus to produce methamphetamine is purchased in violation of subdivision (a)(1) in more than one (1) county, venue for purposes of prosecution under this section is proper in any county in which such an item was purchased.
(2) If immediate methamphetamine precursors are purchased in violation of subdivision (a)(2) in more than one (1) county, venue for purposes of prosecution under this section is proper in any county in which a precursor was purchased.
(f) A violation of this section is a Class D felony.
Acts 1999, ch. 446, § 1; 2005, ch. 18, § 11; 2011, ch. 292, § 4; 2011, ch. 309, § 1.
Tenn. Code Ann. § 39-14-202 — TN Code / Title 39 / Chapter 14 / Section 39-14-202
Cruelty to animals
Status: in_force

(a) A person commits an offense who intentionally or knowingly: (1) Tortures, maims or grossly overworks an animal; (2) (A) Fails unreasonably to provide necessary food, water, or care for an animal in the person's custody; or (B) (i) Fails unreasonably to provide access to necessary shelter for an animal other than a dog in the person's custody; or (ii) (a) Unless exempted under subdivision (a)(2)(B)(ii)(b), fails unreasonably to provide access to shelter in a structure that meets the following requirements for a dog in the person's custody that resides primarily outdoors: (1) The structure is constructed of sound and substantial material, is sufficient to protect the dog from inclement weather, and is of a size appropriate to allow the dog to maintain normal body temperature; (2) The structure must have a roof and be enclosed on all sides with an entrance of adequate size for the dog to enter, and have dimensions that allow the dog, while in the shelter, to stand erect, sit, turn around, and lie down in a normal position; (3) The structure provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the dog to lie on in a normal manner and that can be maintained in a sanitary manner; (4) From March through October, the structure is properly shaded, and from November through February, when necessary to protect the dog from cold and promote the retention of body heat, the shelter is fitted with a sufficient quantity of bedding material; and (5) The structure or structures must be of a sufficient size or number to provide shelter to each dog present at the same time; (b) The requirements in subdivision (a)(2)(B)(ii)( a ) do not apply when a dog is actively engaged in lawful hunting; police, military, or patrol work; detection work; search-and-rescue; herding or livestock guarding; trials and other lawful competitions; service and assistance work; other working, sporting, and competitive functions; or while actively training for these purposes and functions; (3) Abandons unreasonably an animal in the person's custody; (4) Transports or confines an animal in a cruel manner; or (5) Inflicts burns, cuts, lacerations, or other injuries or pain, by any method, including blistering compounds, to the legs or hooves of horses in order to make them sore for any purpose including, but not limited to, competition in horse shows and similar events. (b) A person commits an offense who knowingly ties, tethers, or restrains a dog in a manner that results in the dog suffering bodily injury as defined in § 39-11-106 . (c) It is a defense to prosecution under this section that the person was engaged in accepted veterinary practices, medical treatment by the owner or with the owner's consent, or bona fide experimentation for scientific research. (d) Whenever any person is taken into custody by any officer for violation of subdivision (a)(4), the officer may take charge of the vehicle or conveyance, and its contents, used by the person to transport the animal. The officer shall deposit these items in a safe place for custody. Any necessary expense incurred for taking charge of and sustaining the same shall be a lien thereon, to be paid before the same can lawfully be recovered; or the expenses, or any part thereof, remaining unpaid may be recovered by the person incurring the same of the owners of the animal in an action therefor. (e) In addition to the penalty imposed in subsection (g), the court making the sentencing determination for a person convicted under this section shall order the person convicted to surrender custody and forfeit the animal or animals whose treatment was the basis of the conviction. Custody shall be given to a humane society incorporated under the laws of this state. The court may prohibit the person convicted from having custody of other animals for any period of time the court determines to be reasonable, or impose any other reasonable restrictions on the person's custody of animals as necessary for the protection of the animals. (f) (1) Nothing in this section shall be construed as prohibiting the owner of a farm animal or someone acting with the consent of the owner of that animal from engaging in usual and customary practices which are accepted by colleges of agriculture or veterinary medicine with respect to that animal. (2) It is an offense for a person other than a law enforcement officer acting with probable cause to knowingly interfere with the performance of any agricultural practices permitted by subdivision (f)(1). (3) An offense under subdivision (f)(2) is a Class B misdemeanor. (g) (1) Cruelty to animals is a Class A misdemeanor. (2) A second or subsequent conviction for cruelty to animals is a Class E felony. (3) Violation of any prohibition or restriction imposed by the sentencing court pursuant to subsection (e) is a Class A misdemeanor. Amended by 2023 Tenn. Acts, ch. 335, s 1, eff. 7/1/2023. Acts 1989, ch. 591, § 1; 1991, ch. 223, § 1; 1992, ch. 840, § 1; 1997 , ch. 90, § 4; 2004, ch. 940, § 6; 2007 , ch. 535, § 1; 2010 , ch. 816, § 1.
(a) A person commits an offense who intentionally or knowingly: (1) Tortures, maims or grossly overworks an animal; (2) (A) Fails unreasonably to provide necessary food, water, or care for an animal in the person's custody; or (B) (i) Fails unreasonably to provide access to necessary shelter for an animal other than a dog in the person's custody; or (ii) (a) Unless exempted under subdivision (a)(2)(B)(ii)(b), fails unreasonably to provide access to shelter in a structure that meets the following requirements for a dog in the person's custody that resides primarily outdoors: (1) The structure is constructed of sound and substantial material, is sufficient to protect the dog from inclement weather, and is of a size appropriate to allow the dog to maintain normal body temperature; (2) The structure must have a roof and be enclosed on all sides with an entrance of adequate size for the dog to enter, and have dimensions that allow the dog, while in the shelter, to stand erect, sit, turn around, and lie down in a normal position; (3) The structure provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the dog to lie on in a normal manner and that can be maintained in a sanitary manner; (4) From March through October, the structure is properly shaded, and from November through February, when necessary to protect the dog from cold and promote the retention of body heat, the shelter is fitted with a sufficient quantity of bedding material; and (5) The structure or structures must be of a sufficient size or number to provide shelter to each dog present at the same time; (b) The requirements in subdivision (a)(2)(B)(ii)( a ) do not apply when a dog is actively engaged in lawful hunting; police, military, or patrol work; detection work; search-and-rescue; herding or livestock guarding; trials and other lawful competitions; service and assistance work; other working, sporting, and competitive functions; or while actively training for these purposes and functions; (3) Abandons unreasonably an animal in the person's custody; (4) Transports or confines an animal in a cruel manner; or (5) Inflicts burns, cuts, lacerations, or other injuries or pain, by any method, including blistering compounds, to the legs or hooves of horses in order to make them sore for any purpose including, but not limited to, competition in horse shows and similar events.
(1) Tortures, maims or grossly overworks an animal;
(2) (A) Fails unreasonably to provide necessary food, water, or care for an animal in the person's custody; or (B) (i) Fails unreasonably to provide access to necessary shelter for an animal other than a dog in the person's custody; or (ii) (a) Unless exempted under subdivision (a)(2)(B)(ii)(b), fails unreasonably to provide access to shelter in a structure that meets the following requirements for a dog in the person's custody that resides primarily outdoors: (1) The structure is constructed of sound and substantial material, is sufficient to protect the dog from inclement weather, and is of a size appropriate to allow the dog to maintain normal body temperature; (2) The structure must have a roof and be enclosed on all sides with an entrance of adequate size for the dog to enter, and have dimensions that allow the dog, while in the shelter, to stand erect, sit, turn around, and lie down in a normal position; (3) The structure provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the dog to lie on in a normal manner and that can be maintained in a sanitary manner; (4) From March through October, the structure is properly shaded, and from November through February, when necessary to protect the dog from cold and promote the retention of body heat, the shelter is fitted with a sufficient quantity of bedding material; and (5) The structure or structures must be of a sufficient size or number to provide shelter to each dog present at the same time; (b) The requirements in subdivision (a)(2)(B)(ii)( a ) do not apply when a dog is actively engaged in lawful hunting; police, military, or patrol work; detection work; search-and-rescue; herding or livestock guarding; trials and other lawful competitions; service and assistance work; other working, sporting, and competitive functions; or while actively training for these purposes and functions;
(A) Fails unreasonably to provide necessary food, water, or care for an animal in the person's custody; or
(B) (i) Fails unreasonably to provide access to necessary shelter for an animal other than a dog in the person's custody; or (ii) (a) Unless exempted under subdivision (a)(2)(B)(ii)(b), fails unreasonably to provide access to shelter in a structure that meets the following requirements for a dog in the person's custody that resides primarily outdoors: (1) The structure is constructed of sound and substantial material, is sufficient to protect the dog from inclement weather, and is of a size appropriate to allow the dog to maintain normal body temperature; (2) The structure must have a roof and be enclosed on all sides with an entrance of adequate size for the dog to enter, and have dimensions that allow the dog, while in the shelter, to stand erect, sit, turn around, and lie down in a normal position; (3) The structure provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the dog to lie on in a normal manner and that can be maintained in a sanitary manner; (4) From March through October, the structure is properly shaded, and from November through February, when necessary to protect the dog from cold and promote the retention of body heat, the shelter is fitted with a sufficient quantity of bedding material; and (5) The structure or structures must be of a sufficient size or number to provide shelter to each dog present at the same time; (b) The requirements in subdivision (a)(2)(B)(ii)( a ) do not apply when a dog is actively engaged in lawful hunting; police, military, or patrol work; detection work; search-and-rescue; herding or livestock guarding; trials and other lawful competitions; service and assistance work; other working, sporting, and competitive functions; or while actively training for these purposes and functions;
(i) Fails unreasonably to provide access to necessary shelter for an animal other than a dog in the person's custody; or
(ii) (a) Unless exempted under subdivision (a)(2)(B)(ii)(b), fails unreasonably to provide access to shelter in a structure that meets the following requirements for a dog in the person's custody that resides primarily outdoors: (1) The structure is constructed of sound and substantial material, is sufficient to protect the dog from inclement weather, and is of a size appropriate to allow the dog to maintain normal body temperature; (2) The structure must have a roof and be enclosed on all sides with an entrance of adequate size for the dog to enter, and have dimensions that allow the dog, while in the shelter, to stand erect, sit, turn around, and lie down in a normal position; (3) The structure provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the dog to lie on in a normal manner and that can be maintained in a sanitary manner; (4) From March through October, the structure is properly shaded, and from November through February, when necessary to protect the dog from cold and promote the retention of body heat, the shelter is fitted with a sufficient quantity of bedding material; and (5) The structure or structures must be of a sufficient size or number to provide shelter to each dog present at the same time; (b) The requirements in subdivision (a)(2)(B)(ii)( a ) do not apply when a dog is actively engaged in lawful hunting; police, military, or patrol work; detection work; search-and-rescue; herding or livestock guarding; trials and other lawful competitions; service and assistance work; other working, sporting, and competitive functions; or while actively training for these purposes and functions;
(a) Unless exempted under subdivision (a)(2)(B)(ii)(b), fails unreasonably to provide access to shelter in a structure that meets the following requirements for a dog in the person's custody that resides primarily outdoors: (1) The structure is constructed of sound and substantial material, is sufficient to protect the dog from inclement weather, and is of a size appropriate to allow the dog to maintain normal body temperature; (2) The structure must have a roof and be enclosed on all sides with an entrance of adequate size for the dog to enter, and have dimensions that allow the dog, while in the shelter, to stand erect, sit, turn around, and lie down in a normal position; (3) The structure provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the dog to lie on in a normal manner and that can be maintained in a sanitary manner; (4) From March through October, the structure is properly shaded, and from November through February, when necessary to protect the dog from cold and promote the retention of body heat, the shelter is fitted with a sufficient quantity of bedding material; and (5) The structure or structures must be of a sufficient size or number to provide shelter to each dog present at the same time;
(1) The structure is constructed of sound and substantial material, is sufficient to protect the dog from inclement weather, and is of a size appropriate to allow the dog to maintain normal body temperature;
(2) The structure must have a roof and be enclosed on all sides with an entrance of adequate size for the dog to enter, and have dimensions that allow the dog, while in the shelter, to stand erect, sit, turn around, and lie down in a normal position;
(3) The structure provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the dog to lie on in a normal manner and that can be maintained in a sanitary manner;
(4) From March through October, the structure is properly shaded, and from November through February, when necessary to protect the dog from cold and promote the retention of body heat, the shelter is fitted with a sufficient quantity of bedding material; and
(5) The structure or structures must be of a sufficient size or number to provide shelter to each dog present at the same time;
(b) The requirements in subdivision (a)(2)(B)(ii)( a ) do not apply when a dog is actively engaged in lawful hunting; police, military, or patrol work; detection work; search-and-rescue; herding or livestock guarding; trials and other lawful competitions; service and assistance work; other working, sporting, and competitive functions; or while actively training for these purposes and functions;
(3) Abandons unreasonably an animal in the person's custody;
(4) Transports or confines an animal in a cruel manner; or
(5) Inflicts burns, cuts, lacerations, or other injuries or pain, by any method, including blistering compounds, to the legs or hooves of horses in order to make them sore for any purpose including, but not limited to, competition in horse shows and similar events.
(b) A person commits an offense who knowingly ties, tethers, or restrains a dog in a manner that results in the dog suffering bodily injury as defined in § 39-11-106 .
(c) It is a defense to prosecution under this section that the person was engaged in accepted veterinary practices, medical treatment by the owner or with the owner's consent, or bona fide experimentation for scientific research.
(d) Whenever any person is taken into custody by any officer for violation of subdivision (a)(4), the officer may take charge of the vehicle or conveyance, and its contents, used by the person to transport the animal. The officer shall deposit these items in a safe place for custody. Any necessary expense incurred for taking charge of and sustaining the same shall be a lien thereon, to be paid before the same can lawfully be recovered; or the expenses, or any part thereof, remaining unpaid may be recovered by the person incurring the same of the owners of the animal in an action therefor.
(e) In addition to the penalty imposed in subsection (g), the court making the sentencing determination for a person convicted under this section shall order the person convicted to surrender custody and forfeit the animal or animals whose treatment was the basis of the conviction. Custody shall be given to a humane society incorporated under the laws of this state. The court may prohibit the person convicted from having custody of other animals for any period of time the court determines to be reasonable, or impose any other reasonable restrictions on the person's custody of animals as necessary for the protection of the animals.
(f) (1) Nothing in this section shall be construed as prohibiting the owner of a farm animal or someone acting with the consent of the owner of that animal from engaging in usual and customary practices which are accepted by colleges of agriculture or veterinary medicine with respect to that animal. (2) It is an offense for a person other than a law enforcement officer acting with probable cause to knowingly interfere with the performance of any agricultural practices permitted by subdivision (f)(1). (3) An offense under subdivision (f)(2) is a Class B misdemeanor.
(1) Nothing in this section shall be construed as prohibiting the owner of a farm animal or someone acting with the consent of the owner of that animal from engaging in usual and customary practices which are accepted by colleges of agriculture or veterinary medicine with respect to that animal.
(2) It is an offense for a person other than a law enforcement officer acting with probable cause to knowingly interfere with the performance of any agricultural practices permitted by subdivision (f)(1).
(3) An offense under subdivision (f)(2) is a Class B misdemeanor.
(g) (1) Cruelty to animals is a Class A misdemeanor. (2) A second or subsequent conviction for cruelty to animals is a Class E felony. (3) Violation of any prohibition or restriction imposed by the sentencing court pursuant to subsection (e) is a Class A misdemeanor.
(1) Cruelty to animals is a Class A misdemeanor.
(2) A second or subsequent conviction for cruelty to animals is a Class E felony.
(3) Violation of any prohibition or restriction imposed by the sentencing court pursuant to subsection (e) is a Class A misdemeanor.
Amended by 2023 Tenn. Acts, ch. 335, s 1, eff. 7/1/2023.
Acts 1989, ch. 591, § 1; 1991, ch. 223, § 1; 1992, ch. 840, § 1; 1997 , ch. 90, § 4; 2004, ch. 940, § 6; 2007 , ch. 535, § 1; 2010 , ch. 816, § 1.