Tenn. Code Ann. § 39-17-1305 — TN Code / Title 39 / Chapter 17 / Section 39-17-1305
Prohibited firearm registries
Status: in_force

(a) As used in this section, "registry" means a record of the possession or ownership by individuals or non-governmental entities of a firearm or firearm accessory, which includes, but is not limited to, the serial number, make, model, purchase date, or purchase location of the firearm or firearm accessory or the names, social security numbers, or personal addresses of the individuals or non-governmental entities. (b) A state or local government entity, official, employee, or agent shall not knowingly create or maintain any firearm registry with the intent to record the possession or ownership of a firearm or firearm accessory by individuals or non-governmental entities. (c) A violation of subsection (b) is a Class E felony. (d) (1) A firearm registry under this section does not include: (A) A temporary log or record maintained by a state or private entity for the purpose of temporary storage of firearms; (B) A receipt or record generated while the firearm is in possession of a state or private entity pursuant to the normal operations of that entity unless prohibited by state law; (C) A record of persons assigned firearms that are purchased, owned, or authorized for carry in the course of employment by a state or local law enforcement agency; (D) A record maintained in connection with a criminal, civil, or administrative court case; (E) A record created or received by the department of correction for the following purposes: (i) Incident reporting or disciplining inmates, relative to the possession or introduction of a contraband firearm into a penal institution; or (ii) Incident reporting, issuing parole revocation warrants, or giving notice to the sentencing court relative to the unlawful possession of a weapon by a parolee or a felon probationer; or (F) A record created, received, or maintained by the Tennessee peace officer standards and training commission, the Jerry F. Agee Tennessee law enforcement training academy, or a law enforcement agency pursuant to § 39-17-1309(e)(11)(B) , § 39-17-1315 , § 38-8-116 , § 38-8-123 , or § 49-6-816(f)(1) and (i) . (2) Firearm information contained in documents pursuant to subdivision (d)(1) must be redacted by the record holder prior to any release under § 10-7-503 . (e) A violation of subsection (b) may result in a civil action under § 39-17-1314(g)-(i) . (f) A violation of subsection (b) by a state or local entity shall result in loss of funding from the state for the following fiscal year and any subsequent fiscal year during which the violation occurs.
(a) As used in this section, "registry" means a record of the possession or ownership by individuals or non-governmental entities of a firearm or firearm accessory, which includes, but is not limited to, the serial number, make, model, purchase date, or purchase location of the firearm or firearm accessory or the names, social security numbers, or personal addresses of the individuals or non-governmental entities.
(b) A state or local government entity, official, employee, or agent shall not knowingly create or maintain any firearm registry with the intent to record the possession or ownership of a firearm or firearm accessory by individuals or non-governmental entities.
(c) A violation of subsection (b) is a Class E felony.
(d) (1) A firearm registry under this section does not include: (A) A temporary log or record maintained by a state or private entity for the purpose of temporary storage of firearms; (B) A receipt or record generated while the firearm is in possession of a state or private entity pursuant to the normal operations of that entity unless prohibited by state law; (C) A record of persons assigned firearms that are purchased, owned, or authorized for carry in the course of employment by a state or local law enforcement agency; (D) A record maintained in connection with a criminal, civil, or administrative court case; (E) A record created or received by the department of correction for the following purposes: (i) Incident reporting or disciplining inmates, relative to the possession or introduction of a contraband firearm into a penal institution; or (ii) Incident reporting, issuing parole revocation warrants, or giving notice to the sentencing court relative to the unlawful possession of a weapon by a parolee or a felon probationer; or (F) A record created, received, or maintained by the Tennessee peace officer standards and training commission, the Jerry F. Agee Tennessee law enforcement training academy, or a law enforcement agency pursuant to § 39-17-1309(e)(11)(B) , § 39-17-1315 , § 38-8-116 , § 38-8-123 , or § 49-6-816(f)(1) and (i) . (2) Firearm information contained in documents pursuant to subdivision (d)(1) must be redacted by the record holder prior to any release under § 10-7-503 .
(1) A firearm registry under this section does not include: (A) A temporary log or record maintained by a state or private entity for the purpose of temporary storage of firearms; (B) A receipt or record generated while the firearm is in possession of a state or private entity pursuant to the normal operations of that entity unless prohibited by state law; (C) A record of persons assigned firearms that are purchased, owned, or authorized for carry in the course of employment by a state or local law enforcement agency; (D) A record maintained in connection with a criminal, civil, or administrative court case; (E) A record created or received by the department of correction for the following purposes: (i) Incident reporting or disciplining inmates, relative to the possession or introduction of a contraband firearm into a penal institution; or (ii) Incident reporting, issuing parole revocation warrants, or giving notice to the sentencing court relative to the unlawful possession of a weapon by a parolee or a felon probationer; or (F) A record created, received, or maintained by the Tennessee peace officer standards and training commission, the Jerry F. Agee Tennessee law enforcement training academy, or a law enforcement agency pursuant to § 39-17-1309(e)(11)(B) , § 39-17-1315 , § 38-8-116 , § 38-8-123 , or § 49-6-816(f)(1) and (i) .
(A) A temporary log or record maintained by a state or private entity for the purpose of temporary storage of firearms;
(B) A receipt or record generated while the firearm is in possession of a state or private entity pursuant to the normal operations of that entity unless prohibited by state law;
(C) A record of persons assigned firearms that are purchased, owned, or authorized for carry in the course of employment by a state or local law enforcement agency;
(D) A record maintained in connection with a criminal, civil, or administrative court case;
(E) A record created or received by the department of correction for the following purposes: (i) Incident reporting or disciplining inmates, relative to the possession or introduction of a contraband firearm into a penal institution; or (ii) Incident reporting, issuing parole revocation warrants, or giving notice to the sentencing court relative to the unlawful possession of a weapon by a parolee or a felon probationer; or
(i) Incident reporting or disciplining inmates, relative to the possession or introduction of a contraband firearm into a penal institution; or
(ii) Incident reporting, issuing parole revocation warrants, or giving notice to the sentencing court relative to the unlawful possession of a weapon by a parolee or a felon probationer; or
(F) A record created, received, or maintained by the Tennessee peace officer standards and training commission, the Jerry F. Agee Tennessee law enforcement training academy, or a law enforcement agency pursuant to § 39-17-1309(e)(11)(B) , § 39-17-1315 , § 38-8-116 , § 38-8-123 , or § 49-6-816(f)(1) and (i) .
(2) Firearm information contained in documents pursuant to subdivision (d)(1) must be redacted by the record holder prior to any release under § 10-7-503 .
(e) A violation of subsection (b) may result in a civil action under § 39-17-1314(g)-(i) .
(f) A violation of subsection (b) by a state or local entity shall result in loss of funding from the state for the following fiscal year and any subsequent fiscal year during which the violation occurs.
Tenn. Code Ann. § 39-16-510 — TN Code / Title 39 / Chapter 16 / Section 39-16-510
Retaliation for past action
Status: in_force

(a) (1) A person commits the offense of retaliation for past action who harms or threatens to harm a witness at an official proceeding, judge, district attorney general, an assistant district attorney general, an employee of the district attorney general or a law enforcement officer, clerk, employee of the clerk, juror or former juror, or a family member of any such person, by any unlawful act in retaliation for anything the witness, judge, district attorney general, assistant district attorney general, employee of the district attorney general or a law enforcement officer, clerk, employee of the clerk, or juror did in an official capacity as witness, judge, district attorney general, assistant district attorney general, employee of the district attorney general or a law enforcement officer, clerk, employee of the clerk, or juror. The offense of retaliation for past action shall not apply to an employee of a clerk who harms or threatens to harm the clerk. (2) For purposes of subdivision (a)(1), "family member" means the spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half-brother, half-sister, adopted children of the parent, or the spouse's parents. (b) A violation of this section is a Class E felony. Amended by 2014 Tenn. Acts, ch. 504,s 1, eff. 7/1/2014. Acts 1989, ch. 591, § 1; 1990, ch. 980, § 29; 1998, ch. 882, § 1; 2000, ch. 953, § 1; 2004, ch. 818, § 1.
(a) (1) A person commits the offense of retaliation for past action who harms or threatens to harm a witness at an official proceeding, judge, district attorney general, an assistant district attorney general, an employee of the district attorney general or a law enforcement officer, clerk, employee of the clerk, juror or former juror, or a family member of any such person, by any unlawful act in retaliation for anything the witness, judge, district attorney general, assistant district attorney general, employee of the district attorney general or a law enforcement officer, clerk, employee of the clerk, or juror did in an official capacity as witness, judge, district attorney general, assistant district attorney general, employee of the district attorney general or a law enforcement officer, clerk, employee of the clerk, or juror. The offense of retaliation for past action shall not apply to an employee of a clerk who harms or threatens to harm the clerk. (2) For purposes of subdivision (a)(1), "family member" means the spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half-brother, half-sister, adopted children of the parent, or the spouse's parents.
(1) A person commits the offense of retaliation for past action who harms or threatens to harm a witness at an official proceeding, judge, district attorney general, an assistant district attorney general, an employee of the district attorney general or a law enforcement officer, clerk, employee of the clerk, juror or former juror, or a family member of any such person, by any unlawful act in retaliation for anything the witness, judge, district attorney general, assistant district attorney general, employee of the district attorney general or a law enforcement officer, clerk, employee of the clerk, or juror did in an official capacity as witness, judge, district attorney general, assistant district attorney general, employee of the district attorney general or a law enforcement officer, clerk, employee of the clerk, or juror. The offense of retaliation for past action shall not apply to an employee of a clerk who harms or threatens to harm the clerk.
(2) For purposes of subdivision (a)(1), "family member" means the spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half-brother, half-sister, adopted children of the parent, or the spouse's parents.
(b) A violation of this section is a Class E felony.
Amended by 2014 Tenn. Acts, ch. 504,s 1, eff. 7/1/2014.
Acts 1989, ch. 591, § 1; 1990, ch. 980, § 29; 1998, ch. 882, § 1; 2000, ch. 953, § 1; 2004, ch. 818, § 1.
Tenn. Code Ann. § 39-14-216 — TN Code / Title 39 / Chapter 14 / Section 39-14-216
Service animals
Status: in_force

(a) (1) As used in this section, "service animal" means: (A) Any animal that is individually trained, or being trained by an employee or puppy raiser from a recognized training agency or school to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability; and (B) Any police dog, fire dog, search and rescue dog, or police horse. (2) Other species of animals not specified in this subsection (a), whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. (3) For purposes of a service animal as defined under subdivision (a)(1)(A), the work or tasks performed by the service animal must be directly related to the handler's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of the animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of subdivision (a)(1)(A). (b) It is an offense to knowingly: (1) Maim or otherwise inflict harm upon a service animal; (2) Attempt to maim or otherwise inflict harm upon a service animal; or (3) Permit an animal that the person owns or is in the immediate control of to maim or otherwise inflict harm upon a service animal. (c) It is an offense to recklessly maim or otherwise inflict harm upon a service animal or permit an animal that the person owns or is in the immediate control of to maim or otherwise inflict harm upon a service animal. (d) It is an offense to knowingly interfere with a service animal in the performance of its duties, or permit an animal that the person owns or is in control of to interfere with a service animal in the performance of its duties. (e) (1) A violation of subsection (b) or (c) is a Class A misdemeanor. (2) A violation of subsection (d) is a Class C misdemeanor. (f) (1) In addition to any other penalty provided by this section, a person convicted of a violation of subsection (b), (c) or (d) shall be ordered by the court to make full restitution for all damages that arise out of or are related to the offense, including incidental and consequential damages incurred by the service animal's handler or the recognized training agency or school. (2) "Restitution," for purposes of this section, includes: (A) The value of the service animal if the animal is disabled or can no longer perform service animal duties; (B) Replacement and training or retraining expenses of the service animal or handler if necessary to restore the animal to service animal capabilities; (C) Veterinary and other medical and boarding expenses for the service animal; (D) Medical expenses for the handler; and (E) Lost wages or income incurred by the handler during any period that the handler is without the services of the service animal. (g) If the violation of this section involves a guide dog and the offense results in injury to the dog that permanently deprives the owner of the use of the guide dog's services, nothing in this section shall preclude prosecution and conviction for such conduct under § 39-14-208 . Acts 2012, ch. 910, § 1.
(a) (1) As used in this section, "service animal" means: (A) Any animal that is individually trained, or being trained by an employee or puppy raiser from a recognized training agency or school to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability; and (B) Any police dog, fire dog, search and rescue dog, or police horse. (2) Other species of animals not specified in this subsection (a), whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. (3) For purposes of a service animal as defined under subdivision (a)(1)(A), the work or tasks performed by the service animal must be directly related to the handler's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of the animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of subdivision (a)(1)(A).
(1) As used in this section, "service animal" means: (A) Any animal that is individually trained, or being trained by an employee or puppy raiser from a recognized training agency or school to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability; and (B) Any police dog, fire dog, search and rescue dog, or police horse.
(A) Any animal that is individually trained, or being trained by an employee or puppy raiser from a recognized training agency or school to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability; and
(B) Any police dog, fire dog, search and rescue dog, or police horse.
(2) Other species of animals not specified in this subsection (a), whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition.
(3) For purposes of a service animal as defined under subdivision (a)(1)(A), the work or tasks performed by the service animal must be directly related to the handler's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of the animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of subdivision (a)(1)(A).
(b) It is an offense to knowingly: (1) Maim or otherwise inflict harm upon a service animal; (2) Attempt to maim or otherwise inflict harm upon a service animal; or (3) Permit an animal that the person owns or is in the immediate control of to maim or otherwise inflict harm upon a service animal.
(1) Maim or otherwise inflict harm upon a service animal;
(2) Attempt to maim or otherwise inflict harm upon a service animal; or
(3) Permit an animal that the person owns or is in the immediate control of to maim or otherwise inflict harm upon a service animal.
(c) It is an offense to recklessly maim or otherwise inflict harm upon a service animal or permit an animal that the person owns or is in the immediate control of to maim or otherwise inflict harm upon a service animal.
(d) It is an offense to knowingly interfere with a service animal in the performance of its duties, or permit an animal that the person owns or is in control of to interfere with a service animal in the performance of its duties.
(e) (1) A violation of subsection (b) or (c) is a Class A misdemeanor. (2) A violation of subsection (d) is a Class C misdemeanor.
(1) A violation of subsection (b) or (c) is a Class A misdemeanor.
(2) A violation of subsection (d) is a Class C misdemeanor.
(f) (1) In addition to any other penalty provided by this section, a person convicted of a violation of subsection (b), (c) or (d) shall be ordered by the court to make full restitution for all damages that arise out of or are related to the offense, including incidental and consequential damages incurred by the service animal's handler or the recognized training agency or school. (2) "Restitution," for purposes of this section, includes: (A) The value of the service animal if the animal is disabled or can no longer perform service animal duties; (B) Replacement and training or retraining expenses of the service animal or handler if necessary to restore the animal to service animal capabilities; (C) Veterinary and other medical and boarding expenses for the service animal; (D) Medical expenses for the handler; and (E) Lost wages or income incurred by the handler during any period that the handler is without the services of the service animal.
(1) In addition to any other penalty provided by this section, a person convicted of a violation of subsection (b), (c) or (d) shall be ordered by the court to make full restitution for all damages that arise out of or are related to the offense, including incidental and consequential damages incurred by the service animal's handler or the recognized training agency or school.
(2) "Restitution," for purposes of this section, includes: (A) The value of the service animal if the animal is disabled or can no longer perform service animal duties; (B) Replacement and training or retraining expenses of the service animal or handler if necessary to restore the animal to service animal capabilities; (C) Veterinary and other medical and boarding expenses for the service animal; (D) Medical expenses for the handler; and (E) Lost wages or income incurred by the handler during any period that the handler is without the services of the service animal.
(A) The value of the service animal if the animal is disabled or can no longer perform service animal duties;
(B) Replacement and training or retraining expenses of the service animal or handler if necessary to restore the animal to service animal capabilities;
(C) Veterinary and other medical and boarding expenses for the service animal;
(D) Medical expenses for the handler; and
(E) Lost wages or income incurred by the handler during any period that the handler is without the services of the service animal.
(g) If the violation of this section involves a guide dog and the offense results in injury to the dog that permanently deprives the owner of the use of the guide dog's services, nothing in this section shall preclude prosecution and conviction for such conduct under § 39-14-208 .
Acts 2012, ch. 910, § 1.
Tenn. Code Ann. § 39-13-315 — TN Code / Title 39 / Chapter 13 / Section 39-13-315
Offense of advertising commercial sexual abuse of a minor
Status: in_force

(a) A person commits the offense of advertising commercial sexual abuse of a minor if the person knowingly sells or offers to sell an advertisement that would appear to a reasonable person to be for the purpose of engaging in what would be a commercial sex act, as defined in § 39-13-301 , with a minor. (b) (1) Advertising commercial sexual abuse of a minor is a Class C felony. (2) In addition to any authorized period of incarceration, advertising commercial sexual abuse of a minor is punishable by a minimum fine of ten thousand dollars ($10,000). (c) In a prosecution under this section, it is not a defense that the defendant did not know the age of the minor depicted in the advertisement. It is a defense, which the defendant must prove by a preponderance of the evidence, that at the time of the offense, the defendant made a reasonable bona fide attempt to ascertain the true age of the minor appearing in the advertisement by requiring, prior to publication of the advertisement, production of a driver license, marriage license, birth certificate, or other governmental or educational identification card or paper of the minor depicted in the advertisement and did not rely solely on oral or written allegations of the minor's age or the apparent age of the minor. Acts 2012, ch. 1075, § 3.
(a) A person commits the offense of advertising commercial sexual abuse of a minor if the person knowingly sells or offers to sell an advertisement that would appear to a reasonable person to be for the purpose of engaging in what would be a commercial sex act, as defined in § 39-13-301 , with a minor.
(b) (1) Advertising commercial sexual abuse of a minor is a Class C felony. (2) In addition to any authorized period of incarceration, advertising commercial sexual abuse of a minor is punishable by a minimum fine of ten thousand dollars ($10,000).
(1) Advertising commercial sexual abuse of a minor is a Class C felony.
(2) In addition to any authorized period of incarceration, advertising commercial sexual abuse of a minor is punishable by a minimum fine of ten thousand dollars ($10,000).
(c) In a prosecution under this section, it is not a defense that the defendant did not know the age of the minor depicted in the advertisement. It is a defense, which the defendant must prove by a preponderance of the evidence, that at the time of the offense, the defendant made a reasonable bona fide attempt to ascertain the true age of the minor appearing in the advertisement by requiring, prior to publication of the advertisement, production of a driver license, marriage license, birth certificate, or other governmental or educational identification card or paper of the minor depicted in the advertisement and did not rely solely on oral or written allegations of the minor's age or the apparent age of the minor.
Acts 2012, ch. 1075, § 3.
Tenn. Code Ann. § 39-17-1807 — TN Code / Title 39 / Chapter 17 / Section 39-17-1807
Penalties
Status: in_force

(a) A person who knowingly smokes in an area where smoking is prohibited by this part shall be subject only to a civil penalty of fifty dollars ($50.00). (b) A person who owns, manages, operates or otherwise controls any public place where smoking is prohibited pursuant to this part and who knowingly fails to comply with any provision of this part shall be subject to the following: (1) For a first violation in any twelve-month period, a written warning from the department of health or department of labor and workforce development, as appropriate; (2) For a second violation in any twelve-month period, a civil penalty of one hundred dollars ($100); and (3) For a third or subsequent violation in any twelve-month period, a civil penalty of five hundred dollars ($500). (c) Each day on which a knowing violation of this part occurs shall be considered a separate and distinct violation. Acts 2007, ch. 410, § 1.
(a) A person who knowingly smokes in an area where smoking is prohibited by this part shall be subject only to a civil penalty of fifty dollars ($50.00).
(b) A person who owns, manages, operates or otherwise controls any public place where smoking is prohibited pursuant to this part and who knowingly fails to comply with any provision of this part shall be subject to the following: (1) For a first violation in any twelve-month period, a written warning from the department of health or department of labor and workforce development, as appropriate; (2) For a second violation in any twelve-month period, a civil penalty of one hundred dollars ($100); and (3) For a third or subsequent violation in any twelve-month period, a civil penalty of five hundred dollars ($500).
(1) For a first violation in any twelve-month period, a written warning from the department of health or department of labor and workforce development, as appropriate;
(2) For a second violation in any twelve-month period, a civil penalty of one hundred dollars ($100); and
(3) For a third or subsequent violation in any twelve-month period, a civil penalty of five hundred dollars ($500).
(c) Each day on which a knowing violation of this part occurs shall be considered a separate and distinct violation.
Acts 2007, ch. 410, § 1.
Tenn. Code Ann. § 39-17-426 — TN Code / Title 39 / Chapter 17 / Section 39-17-426
Delivery, sale or possession of jimsonweed
Status: in_force

(a) It is an offense for a person to deliver, sell or possess the seed of the gentiana lutea plant, also known as jimsonweed, on the premises or grounds of any school, grades kindergarten through twelve (K-12). (b) A violation of this section is a Class A misdemeanor. Acts 1989, ch. 591, § 1.
(a) It is an offense for a person to deliver, sell or possess the seed of the gentiana lutea plant, also known as jimsonweed, on the premises or grounds of any school, grades kindergarten through twelve (K-12).
(b) A violation of this section is a Class A misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-14-509 — TN Code / Title 39 / Chapter 14 / Section 39-14-509
Enforcement
Status: in_force

All law enforcement agencies, officers, and officials of this state or any political subdivision of this state, or any enforcement agency, officer, or any official of any commission or authority of this state or any political subdivision of this state is authorized, empowered, and directed to enforce compliance with this part. Acts 2007, ch. 595, § 1.
All law enforcement agencies, officers, and officials of this state or any political subdivision of this state, or any enforcement agency, officer, or any official of any commission or authority of this state or any political subdivision of this state is authorized, empowered, and directed to enforce compliance with this part.
Acts 2007, ch. 595, § 1.
Tenn. Code Ann. § 39-15-301 — TN Code / Title 39 / Chapter 15 / Section 39-15-301
Bigamy
Status: in_force

(a) A person commits bigamy who: (1) Is married and purports to marry or be married to a person other than the person's spouse in this state under circumstances that would, but for the person's existing marriage, constitute a marriage; or (2) Knows that a person other than the person's spouse is married and purports to marry or be married to the person in this state under circumstances that would, but for the person's existing marriage, constitute a marriage. (b) It is a defense to prosecution under subdivision (a)(1) that the person reasonably believed that the person's marriage had been dissolved by death, divorce or annulment. (c) For purposes of determining when prosecution for this offense must begin under § 40-2-101 : (1) A violation of this section is a continuing offense; and (2) Nothing in this section shall be construed as limiting the applicability of § 40-2-103 . (d) Bigamy is a Class A misdemeanor and, in addition to the authorized term of imprisonment, shall be punishable by a fine not to exceed five thousand dollars ($5,000). Amended by 2013 Tenn. Acts, ch. 227,s 1, eff. 7/1/2013. Acts 1989, ch. 591, § 1.
(a) A person commits bigamy who: (1) Is married and purports to marry or be married to a person other than the person's spouse in this state under circumstances that would, but for the person's existing marriage, constitute a marriage; or (2) Knows that a person other than the person's spouse is married and purports to marry or be married to the person in this state under circumstances that would, but for the person's existing marriage, constitute a marriage.
(1) Is married and purports to marry or be married to a person other than the person's spouse in this state under circumstances that would, but for the person's existing marriage, constitute a marriage; or
(2) Knows that a person other than the person's spouse is married and purports to marry or be married to the person in this state under circumstances that would, but for the person's existing marriage, constitute a marriage.
(b) It is a defense to prosecution under subdivision (a)(1) that the person reasonably believed that the person's marriage had been dissolved by death, divorce or annulment.
(c) For purposes of determining when prosecution for this offense must begin under § 40-2-101 : (1) A violation of this section is a continuing offense; and (2) Nothing in this section shall be construed as limiting the applicability of § 40-2-103 .
(1) A violation of this section is a continuing offense; and
(2) Nothing in this section shall be construed as limiting the applicability of § 40-2-103 .
(d) Bigamy is a Class A misdemeanor and, in addition to the authorized term of imprisonment, shall be punishable by a fine not to exceed five thousand dollars ($5,000).
Amended by 2013 Tenn. Acts, ch. 227,s 1, eff. 7/1/2013.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-1328 — TN Code / Title 39 / Chapter 17 / Section 39-17-1328
Free firearm locks - Public safety campaign on safe firearm storage
Status: in_force

(a) Subject to appropriations, the department of safety shall provide free firearm locks to a Tennessee resident upon the resident's request. The department of safety shall prominently display on the department's website instructions for requesting free firearm locks. (b) The department shall collaborate with the Tennessee bureau of investigation, and other state agencies as the department deems appropriate, to create a public safety campaign dedicated to safe firearm storage using funds specifically appropriated for that purpose during the 2023-2024 fiscal year. It is the legislative intent that one million one hundred thousand dollars ($1,100,000) be appropriated for the department's public safety campaign dedicated to safe firearm storage. Added by 2023 Tenn. Acts, (1st. Ex. Sess.) ch. 1, s 1, eff. 11/1/2023.
(a) Subject to appropriations, the department of safety shall provide free firearm locks to a Tennessee resident upon the resident's request. The department of safety shall prominently display on the department's website instructions for requesting free firearm locks.
(b) The department shall collaborate with the Tennessee bureau of investigation, and other state agencies as the department deems appropriate, to create a public safety campaign dedicated to safe firearm storage using funds specifically appropriated for that purpose during the 2023-2024 fiscal year. It is the legislative intent that one million one hundred thousand dollars ($1,100,000) be appropriated for the department's public safety campaign dedicated to safe firearm storage.
Added by 2023 Tenn. Acts, (1st. Ex. Sess.) ch. 1, s 1, eff. 11/1/2023.
Tenn. Code Ann. § 39-14-401 — TN Code / Title 39 / Chapter 14 / Section 39-14-401
Definitions for burglary and related offenses
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Habitation": (A) Means any structure, including buildings, module units, mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons; (B) Includes a self-propelled vehicle that is designed or adapted for the overnight accommodation of persons and is actually occupied at the time of initial entry by the defendant; and (C) Includes each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with the structure or vehicle; (2) "Occupied" means the condition of the lawful physical presence of any person at any time while the defendant is within the habitation or other building; and (3) "Owner" means a person in lawful possession of property whether the possession is actual or constructive. "Owner" does not include a person, who is restrained from the property or habitation by a valid court order or order of protection, other than an ex parte order of protection, obtained by the person maintaining residence on the property. Acts 1989, ch. 591, § 1; 2000, ch. 906, § 1.
As used in this part, unless the context otherwise requires:
(1) "Habitation": (A) Means any structure, including buildings, module units, mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons; (B) Includes a self-propelled vehicle that is designed or adapted for the overnight accommodation of persons and is actually occupied at the time of initial entry by the defendant; and (C) Includes each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with the structure or vehicle;
(A) Means any structure, including buildings, module units, mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons;
(B) Includes a self-propelled vehicle that is designed or adapted for the overnight accommodation of persons and is actually occupied at the time of initial entry by the defendant; and
(C) Includes each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with the structure or vehicle;
(2) "Occupied" means the condition of the lawful physical presence of any person at any time while the defendant is within the habitation or other building; and
(3) "Owner" means a person in lawful possession of property whether the possession is actual or constructive. "Owner" does not include a person, who is restrained from the property or habitation by a valid court order or order of protection, other than an ex parte order of protection, obtained by the person maintaining residence on the property.
Acts 1989, ch. 591, § 1; 2000, ch. 906, § 1.
Tenn. Code Ann. § 39-14-204 — TN Code / Title 39 / Chapter 14 / Section 39-14-204
Dyed baby fowl and rabbits
Status: in_force

(a) (1) It is unlawful for any person to: (A) Sell, offer for sale, barter or give away baby chickens, ducklings or goslings of any age, or rabbits under two (2) months of age, as pets, toys, premiums or novelties, if those fowl or rabbits have been colored, dyed, stained or otherwise had their natural color changed; or (B) Bring or transport such fowl or rabbits into the state for the purposes mentioned in subdivision (a)(1)(A). (2) This section shall not be construed to prohibit the sale or display of baby chickens, ducklings, or other fowl or rabbits in proper facilities by breeders or stores engaged in the business of selling for purposes of commercial breeding and raising or laboratory testing. (3) Each baby chicken, duckling, other fowl or rabbit sold, offered for sale, bartered or given away in violation of this section constitutes a separate offense. (b) A violation of this section is a Class C misdemeanor. Acts 1989, ch. 591, § 1.
(a) (1) It is unlawful for any person to: (A) Sell, offer for sale, barter or give away baby chickens, ducklings or goslings of any age, or rabbits under two (2) months of age, as pets, toys, premiums or novelties, if those fowl or rabbits have been colored, dyed, stained or otherwise had their natural color changed; or (B) Bring or transport such fowl or rabbits into the state for the purposes mentioned in subdivision (a)(1)(A). (2) This section shall not be construed to prohibit the sale or display of baby chickens, ducklings, or other fowl or rabbits in proper facilities by breeders or stores engaged in the business of selling for purposes of commercial breeding and raising or laboratory testing. (3) Each baby chicken, duckling, other fowl or rabbit sold, offered for sale, bartered or given away in violation of this section constitutes a separate offense.
(1) It is unlawful for any person to: (A) Sell, offer for sale, barter or give away baby chickens, ducklings or goslings of any age, or rabbits under two (2) months of age, as pets, toys, premiums or novelties, if those fowl or rabbits have been colored, dyed, stained or otherwise had their natural color changed; or (B) Bring or transport such fowl or rabbits into the state for the purposes mentioned in subdivision (a)(1)(A).
(A) Sell, offer for sale, barter or give away baby chickens, ducklings or goslings of any age, or rabbits under two (2) months of age, as pets, toys, premiums or novelties, if those fowl or rabbits have been colored, dyed, stained or otherwise had their natural color changed; or
(B) Bring or transport such fowl or rabbits into the state for the purposes mentioned in subdivision (a)(1)(A).
(2) This section shall not be construed to prohibit the sale or display of baby chickens, ducklings, or other fowl or rabbits in proper facilities by breeders or stores engaged in the business of selling for purposes of commercial breeding and raising or laboratory testing.
(3) Each baby chicken, duckling, other fowl or rabbit sold, offered for sale, bartered or given away in violation of this section constitutes a separate offense.
(b) A violation of this section is a Class C misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-14-217 — TN Code / Title 39 / Chapter 14 / Section 39-14-217
Aggravated cruelty to livestock animals
Status: in_force

(a) As used in this section only, "livestock" means all equine as well as animals which are being raised primarily for use as food or fiber for human utilization or consumption, including, but not limited to, cattle, sheep, swine, and goats. (b) Except as provided in subsections (d) and (e), a person commits aggravated cruelty to a livestock animal who, in a depraved and sadistic manner, intentionally engages in any of the conduct described in subdivisions (c)(1)-(12), the conduct results in serious bodily injury to the animal or the death of the animal, and is without justifiable or lawful purpose. (c) The following conduct constitutes aggravated cruelty to livestock animals if accomplished in the manner described in subsection (b): (1) Setting an animal on fire; (2) Burning an animal with any hot object; (3) Cutting or stabbing an animal with any object; (4) Causing blunt force trauma to an animal; (5) Securing an animal to a vehicle and dragging it; (6) Blinding an animal; (7) Applying acid or other caustic substance or chemical to any exposed area of an animal or forcing the animal to ingest the substance; (8) Hanging a living animal; (9) Skinning an animal while it is still alive; (10) Administering electric shock to an animal; (11) Drowning an animal; or (12) Shooting an animal with a weapon. (d) Subsections (b) and (c) shall not be construed to apply to, prohibit or interfere with the following: (1) Any provision of title 70, involving fish and wildlife, or any hunting, trapping, or fishing activities lawful under such title; (2) Activities or conduct that are prohibited by § 39-14-203 ; or (3) Dispatching an animal in any manner not prohibited by this section. (e) The following shall not be construed as aggravated cruelty to a livestock animal as defined in this section: (1) Dispatching rabid, diseased, sick or injured livestock animals; (2) Dispatching livestock animals posing a clear and immediate threat to human safety; (3) Performing or conducting bona fide scientific tests, experiments or investigations within or for a bona fide research laboratory, facility or institution; (4) Performing accepted veterinary medical practices or treatments; (5) Engaging, with the consent of the owner of a livestock animal, in usual and customary practices which are accepted by colleges of agriculture or veterinary medicine with respect to that animal; (6) Dispatching wild or abandoned livestock animals on a farm or residential real property; or (7) Applying methods and equipment used to train livestock animals. (f) In addition to the penalty imposed by subsection (j), the defendant may be held liable to: (1) The owner of the livestock animal for damages; and (2) The impounding officer or agency for all costs of impoundment from the time of seizure to the time of proper disposition of the case. (g) In addition to the penalty imposed by subsection (j), the sentencing court may order the defendant to surrender custody and forfeit all livestock animals, and may award custody of the animals to the agency presenting the case. The court may prohibit the defendant from having custody of other livestock animals for any period of time the court determines to be reasonable, or impose any other reasonable restrictions on the person's custody of livestock animals as is necessary for the protection of the animals. (h) In addition to the penalty imposed by subsection (j), the court may require the defendant to undergo psychological evaluation and counseling, the cost to be borne by the defendant. If the defendant is indigent, the court may, where practicable, direct the defendant to locate and enroll in a counseling or treatment program with an appropriate agency. (i) This section does not preclude the court from entering any other order of disposition allowed under this chapter. (j) Aggravated cruelty to a livestock animal is a Class E felony. Acts 2012, ch. 1084, § 1.
(a) As used in this section only, "livestock" means all equine as well as animals which are being raised primarily for use as food or fiber for human utilization or consumption, including, but not limited to, cattle, sheep, swine, and goats.
(b) Except as provided in subsections (d) and (e), a person commits aggravated cruelty to a livestock animal who, in a depraved and sadistic manner, intentionally engages in any of the conduct described in subdivisions (c)(1)-(12), the conduct results in serious bodily injury to the animal or the death of the animal, and is without justifiable or lawful purpose.
(c) The following conduct constitutes aggravated cruelty to livestock animals if accomplished in the manner described in subsection (b): (1) Setting an animal on fire; (2) Burning an animal with any hot object; (3) Cutting or stabbing an animal with any object; (4) Causing blunt force trauma to an animal; (5) Securing an animal to a vehicle and dragging it; (6) Blinding an animal; (7) Applying acid or other caustic substance or chemical to any exposed area of an animal or forcing the animal to ingest the substance; (8) Hanging a living animal; (9) Skinning an animal while it is still alive; (10) Administering electric shock to an animal; (11) Drowning an animal; or (12) Shooting an animal with a weapon.
(1) Setting an animal on fire;
(2) Burning an animal with any hot object;
(3) Cutting or stabbing an animal with any object;
(4) Causing blunt force trauma to an animal;
(5) Securing an animal to a vehicle and dragging it;
(6) Blinding an animal;
(7) Applying acid or other caustic substance or chemical to any exposed area of an animal or forcing the animal to ingest the substance;
(8) Hanging a living animal;
(9) Skinning an animal while it is still alive;
(10) Administering electric shock to an animal;
(11) Drowning an animal; or
(12) Shooting an animal with a weapon.
(d) Subsections (b) and (c) shall not be construed to apply to, prohibit or interfere with the following: (1) Any provision of title 70, involving fish and wildlife, or any hunting, trapping, or fishing activities lawful under such title; (2) Activities or conduct that are prohibited by § 39-14-203 ; or (3) Dispatching an animal in any manner not prohibited by this section.
(1) Any provision of title 70, involving fish and wildlife, or any hunting, trapping, or fishing activities lawful under such title;
(2) Activities or conduct that are prohibited by § 39-14-203 ; or
(3) Dispatching an animal in any manner not prohibited by this section.
(e) The following shall not be construed as aggravated cruelty to a livestock animal as defined in this section: (1) Dispatching rabid, diseased, sick or injured livestock animals; (2) Dispatching livestock animals posing a clear and immediate threat to human safety; (3) Performing or conducting bona fide scientific tests, experiments or investigations within or for a bona fide research laboratory, facility or institution; (4) Performing accepted veterinary medical practices or treatments; (5) Engaging, with the consent of the owner of a livestock animal, in usual and customary practices which are accepted by colleges of agriculture or veterinary medicine with respect to that animal; (6) Dispatching wild or abandoned livestock animals on a farm or residential real property; or (7) Applying methods and equipment used to train livestock animals.
(1) Dispatching rabid, diseased, sick or injured livestock animals;
(2) Dispatching livestock animals posing a clear and immediate threat to human safety;
(3) Performing or conducting bona fide scientific tests, experiments or investigations within or for a bona fide research laboratory, facility or institution;
(4) Performing accepted veterinary medical practices or treatments;
(5) Engaging, with the consent of the owner of a livestock animal, in usual and customary practices which are accepted by colleges of agriculture or veterinary medicine with respect to that animal;
(6) Dispatching wild or abandoned livestock animals on a farm or residential real property; or
(7) Applying methods and equipment used to train livestock animals.
(f) In addition to the penalty imposed by subsection (j), the defendant may be held liable to: (1) The owner of the livestock animal for damages; and (2) The impounding officer or agency for all costs of impoundment from the time of seizure to the time of proper disposition of the case.
(1) The owner of the livestock animal for damages; and
(2) The impounding officer or agency for all costs of impoundment from the time of seizure to the time of proper disposition of the case.
(g) In addition to the penalty imposed by subsection (j), the sentencing court may order the defendant to surrender custody and forfeit all livestock animals, and may award custody of the animals to the agency presenting the case. The court may prohibit the defendant from having custody of other livestock animals for any period of time the court determines to be reasonable, or impose any other reasonable restrictions on the person's custody of livestock animals as is necessary for the protection of the animals.
(h) In addition to the penalty imposed by subsection (j), the court may require the defendant to undergo psychological evaluation and counseling, the cost to be borne by the defendant. If the defendant is indigent, the court may, where practicable, direct the defendant to locate and enroll in a counseling or treatment program with an appropriate agency.
(i) This section does not preclude the court from entering any other order of disposition allowed under this chapter.
(j) Aggravated cruelty to a livestock animal is a Class E felony.
Acts 2012, ch. 1084, § 1.
Tenn. Code Ann. § 39-11-104 — TN Code / Title 39 / Chapter 11 / Section 39-11-104
Construction of criminal code
Status: in_force

This title shall be construed according to the fair import of its terms, including reference to judicial decisions and common law interpretations, to promote justice, and effect the objectives of the criminal code. Acts 1989, ch. 591, § 1.
This title shall be construed according to the fair import of its terms, including reference to judicial decisions and common law interpretations, to promote justice, and effect the objectives of the criminal code.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-16-304 — TN Code / Title 39 / Chapter 16 / Section 39-16-304
Misrepresentation of service animal or support animal
Status: in_force

(a) As used in this section, "service animal" and "support animal" have the same meanings as the terms are defined in § 66-7-111(a) . (b) A person commits the offense of misrepresentation of a service animal or support animal who knowingly: (1) Fraudulently represents, as a part of a request to maintain a service animal or support animal in residential rental property under § 66-7-111 or § 66-28-406 , that the person has a disability or disability-related need for the use of a service animal or support animal; (2) Provides documentation to a landlord under § 66-7-111(c) or § 66-28-406(c) that falsely states an animal is a service animal or support animal; or (3) Fraudulently represents or provides documentation that falsely states that an animal is a service animal or service animal in training to an employee of a public accommodation. (c) Misrepresentation of a service animal or support animal is a Class B misdemeanor. In addition to the penalty provided under this subsection (c), a person who commits the offense of misrepresentation of a service animal shall perform one hundred (100) hours of community service for an organization that serves individuals with disabilities, or for another entity or organization, at the discretion of the court, to be completed within six (6) months of an order issued by the court. Amended by 2023 Tenn. Acts, ch. 194, s 3, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 194, s 2, eff. 7/1/2023. Added by 2019 Tenn. Acts, ch. 236, s 1, eff. 7/1/2019.
(a) As used in this section, "service animal" and "support animal" have the same meanings as the terms are defined in § 66-7-111(a) .
(b) A person commits the offense of misrepresentation of a service animal or support animal who knowingly: (1) Fraudulently represents, as a part of a request to maintain a service animal or support animal in residential rental property under § 66-7-111 or § 66-28-406 , that the person has a disability or disability-related need for the use of a service animal or support animal; (2) Provides documentation to a landlord under § 66-7-111(c) or § 66-28-406(c) that falsely states an animal is a service animal or support animal; or (3) Fraudulently represents or provides documentation that falsely states that an animal is a service animal or service animal in training to an employee of a public accommodation.
(1) Fraudulently represents, as a part of a request to maintain a service animal or support animal in residential rental property under § 66-7-111 or § 66-28-406 , that the person has a disability or disability-related need for the use of a service animal or support animal;
(2) Provides documentation to a landlord under § 66-7-111(c) or § 66-28-406(c) that falsely states an animal is a service animal or support animal; or
(3) Fraudulently represents or provides documentation that falsely states that an animal is a service animal or service animal in training to an employee of a public accommodation.
(c) Misrepresentation of a service animal or support animal is a Class B misdemeanor. In addition to the penalty provided under this subsection (c), a person who commits the offense of misrepresentation of a service animal shall perform one hundred (100) hours of community service for an organization that serves individuals with disabilities, or for another entity or organization, at the discretion of the court, to be completed within six (6) months of an order issued by the court.
Amended by 2023 Tenn. Acts, ch. 194, s 3, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 194, s 2, eff. 7/1/2023.
Added by 2019 Tenn. Acts, ch. 236, s 1, eff. 7/1/2019.
Tenn. Code Ann. § 39-13-531 — TN Code / Title 39 / Chapter 13 / Section 39-13-531
Aggravated rape of a child
Status: in_force

(a) Aggravated rape of a child is the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is eight (8) years of age or less. (b) Aggravated rape of a child is a Class A felony and shall be punished as follows: (1) If the defendant was a juvenile at the time of the offense, then the sentence must be from within Range III, as set forth in title 40, chapter 35; and (2) If the defendant was an adult at the time of the offense, then the sentence must be: (A) Death; or (B) Imprisonment for life without possibility of parole. Amended by 2024 Tenn. Acts, ch. 951,s 2, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 104, s 1, eff. 7/1/2021. Amended by 2020 Tenn. Acts, ch. 588, s 1, eff. 7/1/2020. Amended by 2019 Tenn. Acts, ch. 211, s 1, eff. 7/1/2019. Acts 2006, ch. 890, § 23.
(a) Aggravated rape of a child is the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is eight (8) years of age or less.
(b) Aggravated rape of a child is a Class A felony and shall be punished as follows: (1) If the defendant was a juvenile at the time of the offense, then the sentence must be from within Range III, as set forth in title 40, chapter 35; and (2) If the defendant was an adult at the time of the offense, then the sentence must be: (A) Death; or (B) Imprisonment for life without possibility of parole.
(1) If the defendant was a juvenile at the time of the offense, then the sentence must be from within Range III, as set forth in title 40, chapter 35; and
(2) If the defendant was an adult at the time of the offense, then the sentence must be: (A) Death; or (B) Imprisonment for life without possibility of parole.
(A) Death; or
(B) Imprisonment for life without possibility of parole.
Amended by 2024 Tenn. Acts, ch. 951,s 2, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 104, s 1, eff. 7/1/2021.
Amended by 2020 Tenn. Acts, ch. 588, s 1, eff. 7/1/2020.
Amended by 2019 Tenn. Acts, ch. 211, s 1, eff. 7/1/2019.
Acts 2006, ch. 890, § 23.
Tenn. Code Ann. § 39-17-920 — TN Code / Title 39 / Chapter 17 / Section 39-17-920
Issuance of process
Status: in_force

No process, except as otherwise provided, shall be issued for the violation of § 39-17-911 or § 39-17-914 , unless it is issued upon the application of the district attorney general of the district. Acts 1990, ch. 1092, § 10.
No process, except as otherwise provided, shall be issued for the violation of § 39-17-911 or § 39-17-914 , unless it is issued upon the application of the district attorney general of the district.
Acts 1990, ch. 1092, § 10.
Tenn. Code Ann. § 39-17-1308 — TN Code / Title 39 / Chapter 17 / Section 39-17-1308
Defenses to unlawful possession or carrying of a weapon
Status: in_force

(a) It is a defense to the application of § 39-17-1307 if the possession or carrying was: (1) Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon; (2) By a person authorized to possess or carry a firearm pursuant to § 39-17-1315 , § 39-17-1351 , or § 39-17-1366 ; (3) At the person's: (A) Place of residence; (B) Place of business; or (C) Premises; (4) Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity; (5) By a person possessing a rifle or shotgun while engaged in the lawful protection of livestock from predatory animals; (6) By a Tennessee valley authority officer who holds a valid commission from the commissioner of safety pursuant to this part while the officer is in the performance of the officer's official duties; (7) By a state, county or municipal judge or any federal judge or any federal or county magistrate; (8) By a person possessing a club or baton who holds a valid state security guard/officer registration card as a private security guard/officer, issued by the commissioner, and who also has certification that the officer has had training in the use of club or baton that is valid and issued by a person certified to give training in the use of clubs or batons; (9) By any person possessing a club or baton who holds a certificate that the person has had training in the use of a club or baton for self-defense that is valid and issued by a certified person authorized to give training in the use of clubs or batons, and is not prohibited from purchasing a firearm under any local, state or federal laws; (10) By any out-of-state, full-time, commissioned law enforcement officer who holds a valid commission card from the appropriate out-of-state law enforcement agency and a photo identification; provided, that if no valid commission card and photo identification are retained, then it shall be unlawful for that officer to carry firearms in this state and this section shall not apply. The defense provided by this subdivision (a)(10) shall only be applicable if the state where the out-of-state officer is employed has entered into a reciprocity agreement with this state that allows a full-time, commissioned law enforcement officer in Tennessee to lawfully carry or possess a weapon in the other state; or (11) By a person authorized to carry a handgun pursuant to § 36-3-626 or § 39-17-1365 . (b) The defenses described in this section are not available to persons described in § 39-17-1307(b)(1) . Amended by 2019 Tenn. Acts, ch. 479, s 2, eff. 1/1/2020. Amended by 2017 Tenn. Acts, ch. 468, s 2, eff. 1/1/2018. Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 7; 1993, ch. 200, § 1; 1996, ch. 1009, §§ 20, 21; 1997 , ch. 476, § 3; 1999, ch. 295, § 1; 2003 , ch. 144, § 2.
(a) It is a defense to the application of § 39-17-1307 if the possession or carrying was: (1) Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon; (2) By a person authorized to possess or carry a firearm pursuant to § 39-17-1315 , § 39-17-1351 , or § 39-17-1366 ; (3) At the person's: (A) Place of residence; (B) Place of business; or (C) Premises; (4) Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity; (5) By a person possessing a rifle or shotgun while engaged in the lawful protection of livestock from predatory animals; (6) By a Tennessee valley authority officer who holds a valid commission from the commissioner of safety pursuant to this part while the officer is in the performance of the officer's official duties; (7) By a state, county or municipal judge or any federal judge or any federal or county magistrate; (8) By a person possessing a club or baton who holds a valid state security guard/officer registration card as a private security guard/officer, issued by the commissioner, and who also has certification that the officer has had training in the use of club or baton that is valid and issued by a person certified to give training in the use of clubs or batons; (9) By any person possessing a club or baton who holds a certificate that the person has had training in the use of a club or baton for self-defense that is valid and issued by a certified person authorized to give training in the use of clubs or batons, and is not prohibited from purchasing a firearm under any local, state or federal laws; (10) By any out-of-state, full-time, commissioned law enforcement officer who holds a valid commission card from the appropriate out-of-state law enforcement agency and a photo identification; provided, that if no valid commission card and photo identification are retained, then it shall be unlawful for that officer to carry firearms in this state and this section shall not apply. The defense provided by this subdivision (a)(10) shall only be applicable if the state where the out-of-state officer is employed has entered into a reciprocity agreement with this state that allows a full-time, commissioned law enforcement officer in Tennessee to lawfully carry or possess a weapon in the other state; or (11) By a person authorized to carry a handgun pursuant to § 36-3-626 or § 39-17-1365 .
(1) Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon;
(2) By a person authorized to possess or carry a firearm pursuant to § 39-17-1315 , § 39-17-1351 , or § 39-17-1366 ;
(3) At the person's: (A) Place of residence; (B) Place of business; or (C) Premises;
(A) Place of residence;
(B) Place of business; or
(C) Premises;
(4) Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity;
(5) By a person possessing a rifle or shotgun while engaged in the lawful protection of livestock from predatory animals;
(6) By a Tennessee valley authority officer who holds a valid commission from the commissioner of safety pursuant to this part while the officer is in the performance of the officer's official duties;
(7) By a state, county or municipal judge or any federal judge or any federal or county magistrate;
(8) By a person possessing a club or baton who holds a valid state security guard/officer registration card as a private security guard/officer, issued by the commissioner, and who also has certification that the officer has had training in the use of club or baton that is valid and issued by a person certified to give training in the use of clubs or batons;
(9) By any person possessing a club or baton who holds a certificate that the person has had training in the use of a club or baton for self-defense that is valid and issued by a certified person authorized to give training in the use of clubs or batons, and is not prohibited from purchasing a firearm under any local, state or federal laws;
(10) By any out-of-state, full-time, commissioned law enforcement officer who holds a valid commission card from the appropriate out-of-state law enforcement agency and a photo identification; provided, that if no valid commission card and photo identification are retained, then it shall be unlawful for that officer to carry firearms in this state and this section shall not apply. The defense provided by this subdivision (a)(10) shall only be applicable if the state where the out-of-state officer is employed has entered into a reciprocity agreement with this state that allows a full-time, commissioned law enforcement officer in Tennessee to lawfully carry or possess a weapon in the other state; or
(11) By a person authorized to carry a handgun pursuant to § 36-3-626 or § 39-17-1365 .
(b) The defenses described in this section are not available to persons described in § 39-17-1307(b)(1) .
Amended by 2019 Tenn. Acts, ch. 479, s 2, eff. 1/1/2020.
Amended by 2017 Tenn. Acts, ch. 468, s 2, eff. 1/1/2018.
Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 7; 1993, ch. 200, § 1; 1996, ch. 1009, §§ 20, 21; 1997 , ch. 476, § 3; 1999, ch. 295, § 1; 2003 , ch. 144, § 2.
Tenn. Code Ann. § 39-13-520 — TN Code / Title 39 / Chapter 13 / Section 39-13-520
Creation of model policy for handling, maintenance and testing of sexual assault evidence kits and hold kits
Status: in_force

(a) To provide for the implementation and efficient operation of § 39-13-519 and to ensure a uniform policy for the handling, maintenance, and testing of sexual assault evidence kits and hold kits, the domestic violence state coordinating council shall create a model policy for law enforcement agencies responding to reports of sexually oriented crimes. (b) The model policy shall include guidelines for officers on: (1) Investigating reports of sexually oriented crimes; (2) Providing victim assistance; (3) Collaborating with victim advocates, healthcare providers, and victim service agencies; and (4) Collecting, storing, and submitting sexual assault evidence kits to the state crime lab or similar qualified laboratory for either serology or deoxyribonucleic acid (DNA) testing. (c) The model policy shall be distributed to all law enforcement agencies that are likely to encounter reports of sexually oriented crimes on or before January 1, 2016. (d) All law enforcement agencies that are likely to encounter reports of sexually oriented crimes shall establish written policies and procedures on responding to reports of sexually oriented crimes. An agency may adopt the model policy developed by the domestic violence state coordinating council or an agency may adopt its own policy; provided, that the policy includes the same or higher standards as the model policy developed by the council. Each agency shall adopt its written policy on or before July 1, 2016. Added by 2015 Tenn. Acts, ch. 253,s 2, eff. 4/24/2015.
(a) To provide for the implementation and efficient operation of § 39-13-519 and to ensure a uniform policy for the handling, maintenance, and testing of sexual assault evidence kits and hold kits, the domestic violence state coordinating council shall create a model policy for law enforcement agencies responding to reports of sexually oriented crimes.
(b) The model policy shall include guidelines for officers on: (1) Investigating reports of sexually oriented crimes; (2) Providing victim assistance; (3) Collaborating with victim advocates, healthcare providers, and victim service agencies; and (4) Collecting, storing, and submitting sexual assault evidence kits to the state crime lab or similar qualified laboratory for either serology or deoxyribonucleic acid (DNA) testing.
(1) Investigating reports of sexually oriented crimes;
(2) Providing victim assistance;
(3) Collaborating with victim advocates, healthcare providers, and victim service agencies; and
(4) Collecting, storing, and submitting sexual assault evidence kits to the state crime lab or similar qualified laboratory for either serology or deoxyribonucleic acid (DNA) testing.
(c) The model policy shall be distributed to all law enforcement agencies that are likely to encounter reports of sexually oriented crimes on or before January 1, 2016.
(d) All law enforcement agencies that are likely to encounter reports of sexually oriented crimes shall establish written policies and procedures on responding to reports of sexually oriented crimes. An agency may adopt the model policy developed by the domestic violence state coordinating council or an agency may adopt its own policy; provided, that the policy includes the same or higher standards as the model policy developed by the council. Each agency shall adopt its written policy on or before July 1, 2016.
Added by 2015 Tenn. Acts, ch. 253,s 2, eff. 4/24/2015.
Tenn. Code Ann. § 39-17-906 — TN Code / Title 39 / Chapter 17 / Section 39-17-906
Remedies supplementary
Status: in_force

(a) The remedies and procedures set out in §§ 39-17-901 - 39-17-908 are supplementary to each other and no remedy shall be construed as excluding or prohibiting the use of any other remedy. (b) Except as expressly provided in this part, §§ 39-17-901 - 39-17-908 shall not be construed as repealing any provisions of any other statute, but shall be supplementary thereto and cumulative thereto. Acts 1989, ch. 591, § 1.
(a) The remedies and procedures set out in §§ 39-17-901 - 39-17-908 are supplementary to each other and no remedy shall be construed as excluding or prohibiting the use of any other remedy.
(b) Except as expressly provided in this part, §§ 39-17-901 - 39-17-908 shall not be construed as repealing any provisions of any other statute, but shall be supplementary thereto and cumulative thereto.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-13-606 — TN Code / Title 39 / Chapter 13 / Section 39-13-606
Electronic tracking of motor vehicles
Status: in_force

(a) (1) (A) Except as provided in subsection (b), it is an offense for a person to knowingly install, conceal or otherwise place an electronic tracking device in or on a motor vehicle without the consent of all owners of the vehicle for the purpose of monitoring or following an occupant or occupants of the vehicle. (B) It is an offense for a person who leases a motor vehicle to knowingly install, conceal, or otherwise place an electronic tracking device in or on the motor vehicle without the consent of the lessee of the vehicle. (2) As used in this section: (A) "Lease" has the same meaning as defined in § 39-14-147 ; (B) "Owner" includes a person who has purchased a motor vehicle using a loan; and (C) "Person" does not include the manufacturer of the motor vehicle. (b) (1) It shall not be a violation if the installing, concealing or placing of an electronic tracking device in or on a motor vehicle is by, or at the direction of, a law enforcement officer in furtherance of a criminal investigation and is carried out in accordance with applicable state and federal law. (2) If the installing, concealing or placing of an electronic tracking device in or on a motor vehicle is by, or at the direction of, a parent or legal guardian who owns or leases the vehicle, and if the device is used solely for the purpose of monitoring the minor child of the parent or legal guardian when the child is an occupant of the vehicle, then the installation, concealment or placement of the device in or on the vehicle without the consent of any or all occupants in the vehicle shall not be a violation. (3) It shall also not be a violation of this section if the installing, concealing or placing of an electronic tracking device in or on a motor vehicle is for the purpose of tracking the location of stolen goods being transported in the vehicle or for the purpose of tracking the location of the vehicle if it is stolen. (c) This section shall not apply to a tracking system installed by the manufacturer of a motor vehicle. (d) A violation of this section is a Class A misdemeanor. Amended by 2016 Tenn. Acts, ch. 860,s 2, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 860,s 1, eff. 7/1/2016. Amended by 2014 Tenn. Acts, ch. 790,s 1, eff. 7/1/2014. Acts 1997, ch. 339, § 1.
(a) (1) (A) Except as provided in subsection (b), it is an offense for a person to knowingly install, conceal or otherwise place an electronic tracking device in or on a motor vehicle without the consent of all owners of the vehicle for the purpose of monitoring or following an occupant or occupants of the vehicle. (B) It is an offense for a person who leases a motor vehicle to knowingly install, conceal, or otherwise place an electronic tracking device in or on the motor vehicle without the consent of the lessee of the vehicle. (2) As used in this section: (A) "Lease" has the same meaning as defined in § 39-14-147 ; (B) "Owner" includes a person who has purchased a motor vehicle using a loan; and (C) "Person" does not include the manufacturer of the motor vehicle.
(1) (A) Except as provided in subsection (b), it is an offense for a person to knowingly install, conceal or otherwise place an electronic tracking device in or on a motor vehicle without the consent of all owners of the vehicle for the purpose of monitoring or following an occupant or occupants of the vehicle. (B) It is an offense for a person who leases a motor vehicle to knowingly install, conceal, or otherwise place an electronic tracking device in or on the motor vehicle without the consent of the lessee of the vehicle.
(A) Except as provided in subsection (b), it is an offense for a person to knowingly install, conceal or otherwise place an electronic tracking device in or on a motor vehicle without the consent of all owners of the vehicle for the purpose of monitoring or following an occupant or occupants of the vehicle.
(B) It is an offense for a person who leases a motor vehicle to knowingly install, conceal, or otherwise place an electronic tracking device in or on the motor vehicle without the consent of the lessee of the vehicle.
(2) As used in this section: (A) "Lease" has the same meaning as defined in § 39-14-147 ; (B) "Owner" includes a person who has purchased a motor vehicle using a loan; and (C) "Person" does not include the manufacturer of the motor vehicle.
(A) "Lease" has the same meaning as defined in § 39-14-147 ;
(B) "Owner" includes a person who has purchased a motor vehicle using a loan; and
(C) "Person" does not include the manufacturer of the motor vehicle.
(b) (1) It shall not be a violation if the installing, concealing or placing of an electronic tracking device in or on a motor vehicle is by, or at the direction of, a law enforcement officer in furtherance of a criminal investigation and is carried out in accordance with applicable state and federal law. (2) If the installing, concealing or placing of an electronic tracking device in or on a motor vehicle is by, or at the direction of, a parent or legal guardian who owns or leases the vehicle, and if the device is used solely for the purpose of monitoring the minor child of the parent or legal guardian when the child is an occupant of the vehicle, then the installation, concealment or placement of the device in or on the vehicle without the consent of any or all occupants in the vehicle shall not be a violation. (3) It shall also not be a violation of this section if the installing, concealing or placing of an electronic tracking device in or on a motor vehicle is for the purpose of tracking the location of stolen goods being transported in the vehicle or for the purpose of tracking the location of the vehicle if it is stolen.
(1) It shall not be a violation if the installing, concealing or placing of an electronic tracking device in or on a motor vehicle is by, or at the direction of, a law enforcement officer in furtherance of a criminal investigation and is carried out in accordance with applicable state and federal law.
(2) If the installing, concealing or placing of an electronic tracking device in or on a motor vehicle is by, or at the direction of, a parent or legal guardian who owns or leases the vehicle, and if the device is used solely for the purpose of monitoring the minor child of the parent or legal guardian when the child is an occupant of the vehicle, then the installation, concealment or placement of the device in or on the vehicle without the consent of any or all occupants in the vehicle shall not be a violation.
(3) It shall also not be a violation of this section if the installing, concealing or placing of an electronic tracking device in or on a motor vehicle is for the purpose of tracking the location of stolen goods being transported in the vehicle or for the purpose of tracking the location of the vehicle if it is stolen.
(c) This section shall not apply to a tracking system installed by the manufacturer of a motor vehicle.
(d) A violation of this section is a Class A misdemeanor.
Amended by 2016 Tenn. Acts, ch. 860,s 2, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 860,s 1, eff. 7/1/2016.
Amended by 2014 Tenn. Acts, ch. 790,s 1, eff. 7/1/2014.
Acts 1997, ch. 339, § 1.
Tenn. Code Ann. § 39-13-116 — TN Code / Title 39 / Chapter 13 / Section 39-13-116
Assault against law enforcement officer, first responder or nurse - "Law enforcement officer", "first responder" and "nurse" defined - Penalties
Status: in_force

(a) A person commits assault against a law enforcement officer, first responder, or nurse, who is discharging or attempting to discharge the law enforcement officer's, first responder's, or nurse's official duties, who: (1) Knowingly causes bodily injury to a law enforcement officer, first responder, or nurse; or (2) Knowingly causes physical contact with a law enforcement officer, first responder, or nurse and a reasonable person would regard the contact as extremely offensive or provocative, including, but not limited to, spitting, throwing, or otherwise transferring bodily fluids, bodily pathogens, or human waste onto the person of a law enforcement officer, first responder, or nurse. (b) A person commits aggravated assault against a law enforcement officer, first responder, or nurse, who is discharging or attempting to discharge the law enforcement officer's, first responder's, or nurse's official duties, who knowingly commits an assault under subsection (a), and the assault: (1) Results in serious bodily injury to the law enforcement officer, first responder, or nurse; (2) Results in the death of the law enforcement officer, first responder, or nurse; (3) Involved the use or display of a deadly weapon; or (4) Involved strangulation or attempted strangulation. (c) (1) (A) Assault against a law enforcement officer under subsection (a) is a Class E felony, and shall be punished by a mandatory fine of ten thousand dollars ($10,000) and a mandatory minimum sentence of sixty (60) days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire sixty-day mandatory minimum sentence. (B) Assault against a first responder or nurse under subsection (a) is a Class A misdemeanor, and shall be punished by a mandatory fine of five thousand dollars ($5,000) and a mandatory minimum sentence of thirty (30) days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire thirty-day mandatory minimum sentence. (2) Aggravated assault under subsection (b) is a Class C felony, and is punished by a mandatory fine of fifteen thousand dollars ($15,000) and a mandatory minimum sentence of ninety (90) days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire ninety-day mandatory minimum sentence. (d) For purposes of this section: (1) "First responder" means a firefighter, emergency services personnel, or other person who responds to calls for emergency assistance from a 911 call, but does not include a law enforcement officer; (2) "Law enforcement officer" includes, but is not limited to, a POST-certified law enforcement officer, capitol police officer, Tennessee highway patrol officer, Tennessee bureau of investigation agent, Tennessee wildlife resources agency officer, deputy jailer, or park ranger employed by the division of parks and recreation in the department of environment and conservation; and (3) "Nurse" means a person who is licensed, registered, or certificated under title 63, chapter 7. Amended by 2024 Tenn. Acts, ch. 976,s 5, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 976,s 4, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 976,s 3, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 976,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 976,s 1, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 365, s 2, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 458, s 1, eff. 7/1/2021. Added by 2020EX2 Tenn. Acts, ch. 3, s 2, eff. 8/20/2020.
(a) A person commits assault against a law enforcement officer, first responder, or nurse, who is discharging or attempting to discharge the law enforcement officer's, first responder's, or nurse's official duties, who: (1) Knowingly causes bodily injury to a law enforcement officer, first responder, or nurse; or (2) Knowingly causes physical contact with a law enforcement officer, first responder, or nurse and a reasonable person would regard the contact as extremely offensive or provocative, including, but not limited to, spitting, throwing, or otherwise transferring bodily fluids, bodily pathogens, or human waste onto the person of a law enforcement officer, first responder, or nurse.
(1) Knowingly causes bodily injury to a law enforcement officer, first responder, or nurse; or
(2) Knowingly causes physical contact with a law enforcement officer, first responder, or nurse and a reasonable person would regard the contact as extremely offensive or provocative, including, but not limited to, spitting, throwing, or otherwise transferring bodily fluids, bodily pathogens, or human waste onto the person of a law enforcement officer, first responder, or nurse.
(b) A person commits aggravated assault against a law enforcement officer, first responder, or nurse, who is discharging or attempting to discharge the law enforcement officer's, first responder's, or nurse's official duties, who knowingly commits an assault under subsection (a), and the assault: (1) Results in serious bodily injury to the law enforcement officer, first responder, or nurse; (2) Results in the death of the law enforcement officer, first responder, or nurse; (3) Involved the use or display of a deadly weapon; or (4) Involved strangulation or attempted strangulation.
(1) Results in serious bodily injury to the law enforcement officer, first responder, or nurse;
(2) Results in the death of the law enforcement officer, first responder, or nurse;
(3) Involved the use or display of a deadly weapon; or
(4) Involved strangulation or attempted strangulation.
(c) (1) (A) Assault against a law enforcement officer under subsection (a) is a Class E felony, and shall be punished by a mandatory fine of ten thousand dollars ($10,000) and a mandatory minimum sentence of sixty (60) days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire sixty-day mandatory minimum sentence. (B) Assault against a first responder or nurse under subsection (a) is a Class A misdemeanor, and shall be punished by a mandatory fine of five thousand dollars ($5,000) and a mandatory minimum sentence of thirty (30) days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire thirty-day mandatory minimum sentence. (2) Aggravated assault under subsection (b) is a Class C felony, and is punished by a mandatory fine of fifteen thousand dollars ($15,000) and a mandatory minimum sentence of ninety (90) days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire ninety-day mandatory minimum sentence.
(1) (A) Assault against a law enforcement officer under subsection (a) is a Class E felony, and shall be punished by a mandatory fine of ten thousand dollars ($10,000) and a mandatory minimum sentence of sixty (60) days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire sixty-day mandatory minimum sentence. (B) Assault against a first responder or nurse under subsection (a) is a Class A misdemeanor, and shall be punished by a mandatory fine of five thousand dollars ($5,000) and a mandatory minimum sentence of thirty (30) days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire thirty-day mandatory minimum sentence.
(A) Assault against a law enforcement officer under subsection (a) is a Class E felony, and shall be punished by a mandatory fine of ten thousand dollars ($10,000) and a mandatory minimum sentence of sixty (60) days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire sixty-day mandatory minimum sentence.
(B) Assault against a first responder or nurse under subsection (a) is a Class A misdemeanor, and shall be punished by a mandatory fine of five thousand dollars ($5,000) and a mandatory minimum sentence of thirty (30) days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire thirty-day mandatory minimum sentence.
(2) Aggravated assault under subsection (b) is a Class C felony, and is punished by a mandatory fine of fifteen thousand dollars ($15,000) and a mandatory minimum sentence of ninety (90) days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire ninety-day mandatory minimum sentence.
(d) For purposes of this section: (1) "First responder" means a firefighter, emergency services personnel, or other person who responds to calls for emergency assistance from a 911 call, but does not include a law enforcement officer; (2) "Law enforcement officer" includes, but is not limited to, a POST-certified law enforcement officer, capitol police officer, Tennessee highway patrol officer, Tennessee bureau of investigation agent, Tennessee wildlife resources agency officer, deputy jailer, or park ranger employed by the division of parks and recreation in the department of environment and conservation; and (3) "Nurse" means a person who is licensed, registered, or certificated under title 63, chapter 7.
(1) "First responder" means a firefighter, emergency services personnel, or other person who responds to calls for emergency assistance from a 911 call, but does not include a law enforcement officer;
(2) "Law enforcement officer" includes, but is not limited to, a POST-certified law enforcement officer, capitol police officer, Tennessee highway patrol officer, Tennessee bureau of investigation agent, Tennessee wildlife resources agency officer, deputy jailer, or park ranger employed by the division of parks and recreation in the department of environment and conservation; and
(3) "Nurse" means a person who is licensed, registered, or certificated under title 63, chapter 7.
Amended by 2024 Tenn. Acts, ch. 976,s 5, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 976,s 4, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 976,s 3, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 976,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 976,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 365, s 2, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 458, s 1, eff. 7/1/2021.
Added by 2020EX2 Tenn. Acts, ch. 3, s 2, eff. 8/20/2020.
Tenn. Code Ann. § 39-12-208 — TN Code / Title 39 / Chapter 12 / Section 39-12-208
RICO lien notice - Term - Renewal - Release - Termination
Status: in_force

(a) The term of a RICO lien notice shall be for a period of six (6) years from the date of filing, unless a renewal RICO lien notice has been filed by the investigative agency; in such case, the term of the renewal RICO lien notice shall be for a period of six (6) years from the date of its filing. The investigative agency shall be entitled to only one (1) renewal of the RICO lien notice. (b) The investigative agency filing a RICO lien notice may release, in whole or in part, the RICO lien notice or may release any specific real or personal property or beneficial interest from the RICO lien notice, upon such terms and conditions as it may determine. A release of a RICO lien notice executed by the investigative agency may be filed in the official records of any county. No charge or fee shall be imposed for the filing of a release of a RICO lien notice. (c) If no civil proceeding has been instituted by the investigative agency seeking a forfeiture of any property owned by the person named in the RICO lien notice, the acquittal in the criminal proceeding of the person named in the RICO lien notice, or the dismissal of the criminal proceeding shall terminate the RICO lien notice. In such case, the filing of the RICO lien notice shall be of no effect. If a civil proceeding has been instituted, and if the criminal proceeding has been dismissed or the person named in the RICO lien notice has been acquitted in the criminal proceeding, the RICO lien notice shall continue for the duration of the civil proceeding. (d) If no civil proceeding is then pending against the person named in a RICO lien notice, the person named in the RICO lien notice may institute an action in the county where the notice has been filed against the investigative agency that filed the notice seeking a release or extinguishment of the notice. In such case: (1) The court shall, upon the motion of the person named in the RICO lien notice, immediately enter an order setting a date for hearing, which date shall be not less than five (5) nor more than ten (10) days after the suit has been filed; and the order, along with a copy of the complaint, shall be served on the investigative agency within three (3) days after the institution of the suit. At the hearing, the court shall take evidence on the issue of whether any real or personal property or beneficial interest owned by the person is covered by the RICO lien notice or is otherwise subject to forfeiture under this part; unless the investigative agency shows probable cause that the RICO lien notice is applicable to the person or that any real or personal property or beneficial interest owned by the person is subject to forfeiture under this part, the court shall enter a judgment extinguishing the RICO lien notice or releasing the real or personal property or beneficial interest from the RICO lien notice; (2) The court shall immediately enter its order releasing from the RICO lien notice any specific real or personal property or beneficial interest, if a sale of the real or personal property or beneficial interest is pending and the filing of the notice prevents the sale of the property or interest; provided, that the proceeds resulting from the sale of the real or personal property or beneficial interest shall be deposited to the credit of the clerk of the court, subject to the further order of the court; and (3) At the hearing set forth in subdivision (d)(1), the court may release any real or personal property or beneficial interest from the RICO lien notice, upon the posting by the person of such security as is equal to the value of the real or personal property or beneficial interest owned by the person. (e) If a civil proceeding is pending against a person named in a RICO lien notice, the court, upon motion by the person, may grant the relief set forth in this section. Acts 1989, ch. 591, § 1.
(a) The term of a RICO lien notice shall be for a period of six (6) years from the date of filing, unless a renewal RICO lien notice has been filed by the investigative agency; in such case, the term of the renewal RICO lien notice shall be for a period of six (6) years from the date of its filing. The investigative agency shall be entitled to only one (1) renewal of the RICO lien notice.
(b) The investigative agency filing a RICO lien notice may release, in whole or in part, the RICO lien notice or may release any specific real or personal property or beneficial interest from the RICO lien notice, upon such terms and conditions as it may determine. A release of a RICO lien notice executed by the investigative agency may be filed in the official records of any county. No charge or fee shall be imposed for the filing of a release of a RICO lien notice.
(c) If no civil proceeding has been instituted by the investigative agency seeking a forfeiture of any property owned by the person named in the RICO lien notice, the acquittal in the criminal proceeding of the person named in the RICO lien notice, or the dismissal of the criminal proceeding shall terminate the RICO lien notice. In such case, the filing of the RICO lien notice shall be of no effect. If a civil proceeding has been instituted, and if the criminal proceeding has been dismissed or the person named in the RICO lien notice has been acquitted in the criminal proceeding, the RICO lien notice shall continue for the duration of the civil proceeding.
(d) If no civil proceeding is then pending against the person named in a RICO lien notice, the person named in the RICO lien notice may institute an action in the county where the notice has been filed against the investigative agency that filed the notice seeking a release or extinguishment of the notice. In such case: (1) The court shall, upon the motion of the person named in the RICO lien notice, immediately enter an order setting a date for hearing, which date shall be not less than five (5) nor more than ten (10) days after the suit has been filed; and the order, along with a copy of the complaint, shall be served on the investigative agency within three (3) days after the institution of the suit. At the hearing, the court shall take evidence on the issue of whether any real or personal property or beneficial interest owned by the person is covered by the RICO lien notice or is otherwise subject to forfeiture under this part; unless the investigative agency shows probable cause that the RICO lien notice is applicable to the person or that any real or personal property or beneficial interest owned by the person is subject to forfeiture under this part, the court shall enter a judgment extinguishing the RICO lien notice or releasing the real or personal property or beneficial interest from the RICO lien notice; (2) The court shall immediately enter its order releasing from the RICO lien notice any specific real or personal property or beneficial interest, if a sale of the real or personal property or beneficial interest is pending and the filing of the notice prevents the sale of the property or interest; provided, that the proceeds resulting from the sale of the real or personal property or beneficial interest shall be deposited to the credit of the clerk of the court, subject to the further order of the court; and (3) At the hearing set forth in subdivision (d)(1), the court may release any real or personal property or beneficial interest from the RICO lien notice, upon the posting by the person of such security as is equal to the value of the real or personal property or beneficial interest owned by the person.
(1) The court shall, upon the motion of the person named in the RICO lien notice, immediately enter an order setting a date for hearing, which date shall be not less than five (5) nor more than ten (10) days after the suit has been filed; and the order, along with a copy of the complaint, shall be served on the investigative agency within three (3) days after the institution of the suit. At the hearing, the court shall take evidence on the issue of whether any real or personal property or beneficial interest owned by the person is covered by the RICO lien notice or is otherwise subject to forfeiture under this part; unless the investigative agency shows probable cause that the RICO lien notice is applicable to the person or that any real or personal property or beneficial interest owned by the person is subject to forfeiture under this part, the court shall enter a judgment extinguishing the RICO lien notice or releasing the real or personal property or beneficial interest from the RICO lien notice;
(2) The court shall immediately enter its order releasing from the RICO lien notice any specific real or personal property or beneficial interest, if a sale of the real or personal property or beneficial interest is pending and the filing of the notice prevents the sale of the property or interest; provided, that the proceeds resulting from the sale of the real or personal property or beneficial interest shall be deposited to the credit of the clerk of the court, subject to the further order of the court; and
(3) At the hearing set forth in subdivision (d)(1), the court may release any real or personal property or beneficial interest from the RICO lien notice, upon the posting by the person of such security as is equal to the value of the real or personal property or beneficial interest owned by the person.
(e) If a civil proceeding is pending against a person named in a RICO lien notice, the court, upon motion by the person, may grant the relief set forth in this section.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-14-906 — TN Code / Title 39 / Chapter 14 / Section 39-14-906
Criminal intent
Status: in_force

(a) In a prosecution for an offense under this part, the state is not required to prove that the defendant actually knew that the property or proceeds were derived from a specified unlawful activity, so long as the defendant knew that the property or proceeds were derived from some form of criminal activity. (b) A corporation, the board of directors or the executive officers shall not be responsible for the criminal acts of the corporation's employees; provided, that the corporation has exercised due diligence to prevent the criminal acts. For purposes of this part, a corporation shall be deemed to have exercised due diligence if the criminal acts committed by its employees are in violation of specific corporate policy or instructions, the corporate policy or instructions were communicated to the employees who committed the criminal acts, the corporation had implemented monitoring or supervision procedures reasonably designed to detect violations of its corporate policy or instruction, and the board of directors and executive officers of the corporation acted in good faith. Acts 1996, ch. 1012, § 5.
(a) In a prosecution for an offense under this part, the state is not required to prove that the defendant actually knew that the property or proceeds were derived from a specified unlawful activity, so long as the defendant knew that the property or proceeds were derived from some form of criminal activity.
(b) A corporation, the board of directors or the executive officers shall not be responsible for the criminal acts of the corporation's employees; provided, that the corporation has exercised due diligence to prevent the criminal acts. For purposes of this part, a corporation shall be deemed to have exercised due diligence if the criminal acts committed by its employees are in violation of specific corporate policy or instructions, the corporate policy or instructions were communicated to the employees who committed the criminal acts, the corporation had implemented monitoring or supervision procedures reasonably designed to detect violations of its corporate policy or instruction, and the board of directors and executive officers of the corporation acted in good faith.
Acts 1996, ch. 1012, § 5.
Tenn. Code Ann. § 39-17-506 — TN Code / Title 39 / Chapter 17 / Section 39-17-506
Lotteries, chain letters and pyramid clubs
Status: in_force

(a) A person commits an offense who knowingly makes or aids in the making of any lottery. For the purposes of this section, "makes or aids in the making of any lottery" does not include: (1) Ownership or possession in this state of a lottery ticket originating from another state in which a lottery is lawful, if the ticket is not owned or possessed for the purpose of resale; provided, however, that nothing in this subdivision (a)(1) shall be construed as preventing the sale of lottery tickets or shares under the authority of the Tennessee Education Lottery Corporation; or the sale of tickets, shares, chances or similar records for an annual event pursuant to title 3, chapter 17, and part 6 of this chapter; (2) The Tennessee Education Lottery operated pursuant to title 4, chapter 51, part 1; or (3) An annual event operated pursuant to title 3, chapter 17, and part 6 of this chapter. (b) For the purposes of this section, "makes or aids in the making of any lottery" includes the organization of, membership in, or solicitation of persons for membership in any chain letter club, pyramid club, or other group organized under any plan whereby anything of value to be given by a member of the club or group is to be given to any other member of the club or group, which plan includes any provision for the increase in membership through a chain process of new members securing other new members and thereby advancing themselves in the group to a position where the members in turn receive things of value from other members. (c) An offense under this section is: (1) A Class C misdemeanor if the aggregate amount of money involved in the lottery, chain letter, or pyramid club is fifty dollars ($50.00) or less; (2) A Class B misdemeanor if the aggregate amount of money involved in the lottery, chain letter, or pyramid club is more than fifty dollars ($50.00) but less than two hundred fifty dollars ($250); (3) A Class A misdemeanor if the aggregate amount of money involved in the lottery, chain letter, or pyramid club is two hundred fifty dollars ($250) or more but less than ten thousand dollars ($10,000); or (4) A Class E felony if the amount of money involved in the lottery, chain letter, or pyramid club is ten thousand dollars ($10,000) or more. Acts 1989, ch. 591, § 1; 1994, ch. 856, § 2; 2003, ch. 297, §§ 6, 7; 2004, ch. 476, §§ 5, 6.
(a) A person commits an offense who knowingly makes or aids in the making of any lottery. For the purposes of this section, "makes or aids in the making of any lottery" does not include: (1) Ownership or possession in this state of a lottery ticket originating from another state in which a lottery is lawful, if the ticket is not owned or possessed for the purpose of resale; provided, however, that nothing in this subdivision (a)(1) shall be construed as preventing the sale of lottery tickets or shares under the authority of the Tennessee Education Lottery Corporation; or the sale of tickets, shares, chances or similar records for an annual event pursuant to title 3, chapter 17, and part 6 of this chapter; (2) The Tennessee Education Lottery operated pursuant to title 4, chapter 51, part 1; or (3) An annual event operated pursuant to title 3, chapter 17, and part 6 of this chapter.
(1) Ownership or possession in this state of a lottery ticket originating from another state in which a lottery is lawful, if the ticket is not owned or possessed for the purpose of resale; provided, however, that nothing in this subdivision (a)(1) shall be construed as preventing the sale of lottery tickets or shares under the authority of the Tennessee Education Lottery Corporation; or the sale of tickets, shares, chances or similar records for an annual event pursuant to title 3, chapter 17, and part 6 of this chapter;
(2) The Tennessee Education Lottery operated pursuant to title 4, chapter 51, part 1; or
(3) An annual event operated pursuant to title 3, chapter 17, and part 6 of this chapter.
(b) For the purposes of this section, "makes or aids in the making of any lottery" includes the organization of, membership in, or solicitation of persons for membership in any chain letter club, pyramid club, or other group organized under any plan whereby anything of value to be given by a member of the club or group is to be given to any other member of the club or group, which plan includes any provision for the increase in membership through a chain process of new members securing other new members and thereby advancing themselves in the group to a position where the members in turn receive things of value from other members.
(c) An offense under this section is: (1) A Class C misdemeanor if the aggregate amount of money involved in the lottery, chain letter, or pyramid club is fifty dollars ($50.00) or less; (2) A Class B misdemeanor if the aggregate amount of money involved in the lottery, chain letter, or pyramid club is more than fifty dollars ($50.00) but less than two hundred fifty dollars ($250); (3) A Class A misdemeanor if the aggregate amount of money involved in the lottery, chain letter, or pyramid club is two hundred fifty dollars ($250) or more but less than ten thousand dollars ($10,000); or (4) A Class E felony if the amount of money involved in the lottery, chain letter, or pyramid club is ten thousand dollars ($10,000) or more.
(1) A Class C misdemeanor if the aggregate amount of money involved in the lottery, chain letter, or pyramid club is fifty dollars ($50.00) or less;
(2) A Class B misdemeanor if the aggregate amount of money involved in the lottery, chain letter, or pyramid club is more than fifty dollars ($50.00) but less than two hundred fifty dollars ($250);
(3) A Class A misdemeanor if the aggregate amount of money involved in the lottery, chain letter, or pyramid club is two hundred fifty dollars ($250) or more but less than ten thousand dollars ($10,000); or
(4) A Class E felony if the amount of money involved in the lottery, chain letter, or pyramid club is ten thousand dollars ($10,000) or more.
Acts 1989, ch. 591, § 1; 1994, ch. 856, § 2; 2003, ch. 297, §§ 6, 7; 2004, ch. 476, §§ 5, 6.
Tenn. Code Ann. § 39-13-535 — TN Code / Title 39 / Chapter 13 / Section 39-13-535
Especially aggravated rape of child
Status: in_force

(a) Especially aggravated rape of a child is unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is more than twelve (12) years of age but less than eighteen (18) years of age, accompanied by three (3) or more of the following circumstances: (1) The defendant tortures the victim during the commission of the offense; (2) The defendant mutilates the victim during the commission of the offense; (3) The defendant also commits the offense of kidnapping, as defined in § 39-13-303 , or false imprisonment, as defined in § 39-13-302 , against the victim; (4) The defendant also commits the offense of involuntary labor servitude, as defined in § 39-13-307 , or trafficking for a commercial sex act, as defined in § 39-13-309 , against the victim; (5) The defendant has, at the time of the commission of the offense, more than one (1) prior conviction for a sexual offense or a violent sexual offense, as those terms are defined in § 40-39-202 ; (6) (A) The defendant is, at the time of the offense, in a position of trust, or has supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional, or occupational status and uses the position of trust or power to accomplish the sexual penetration; or (B) The defendant has, at the time of the offense, parental or custodial authority over the victim by virtue of the defendant's legal, professional, or occupational status and uses the position to accomplish the sexual penetration; (7) The offense occurs during an attempt by the defendant to perpetrate first degree murder in violation of § 39-13-202 ; (8) The defendant subjects the victim to extreme cruelty during the commission of the offense; (9) Force or coercion is used to accomplish the act, and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon; (10) The defendant causes serious bodily injury to the victim; (11) The defendant's commission of the offense involved more than one (1) victim; or (12) The defendant knows or has reason to know that the victim is: (A) Mentally defective; (B) Mentally incapacitated; or (C) Physically helpless. (b) Especially aggravated rape of a child is a Class A felony and shall be punished as follows: (1) If the defendant was a juvenile at the time of the commission of the offense, then the sentence must be from Range III, as set forth in title 40, chapter 35; and (2) If the defendant was an adult at the time of the commission of the offense, then the defendant shall be punished by imprisonment for life without possibility of parole. (c) A person may not be convicted of both a violation of this section and a violation of § 39-13-502 , § 39-13-531 , § 39-13-534 , or § 39-13-117 if the facts supporting the prosecution arise out of the same criminal conduct. Amended by 2024 Tenn. Acts, ch. 951,s 3, eff. 7/1/2024. Added by 2022 Tenn. Acts, ch. 1062, s 2, eff. 7/1/2022.
(a) Especially aggravated rape of a child is unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is more than twelve (12) years of age but less than eighteen (18) years of age, accompanied by three (3) or more of the following circumstances: (1) The defendant tortures the victim during the commission of the offense; (2) The defendant mutilates the victim during the commission of the offense; (3) The defendant also commits the offense of kidnapping, as defined in § 39-13-303 , or false imprisonment, as defined in § 39-13-302 , against the victim; (4) The defendant also commits the offense of involuntary labor servitude, as defined in § 39-13-307 , or trafficking for a commercial sex act, as defined in § 39-13-309 , against the victim; (5) The defendant has, at the time of the commission of the offense, more than one (1) prior conviction for a sexual offense or a violent sexual offense, as those terms are defined in § 40-39-202 ; (6) (A) The defendant is, at the time of the offense, in a position of trust, or has supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional, or occupational status and uses the position of trust or power to accomplish the sexual penetration; or (B) The defendant has, at the time of the offense, parental or custodial authority over the victim by virtue of the defendant's legal, professional, or occupational status and uses the position to accomplish the sexual penetration; (7) The offense occurs during an attempt by the defendant to perpetrate first degree murder in violation of § 39-13-202 ; (8) The defendant subjects the victim to extreme cruelty during the commission of the offense; (9) Force or coercion is used to accomplish the act, and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon; (10) The defendant causes serious bodily injury to the victim; (11) The defendant's commission of the offense involved more than one (1) victim; or (12) The defendant knows or has reason to know that the victim is: (A) Mentally defective; (B) Mentally incapacitated; or (C) Physically helpless.
(1) The defendant tortures the victim during the commission of the offense;
(2) The defendant mutilates the victim during the commission of the offense;
(3) The defendant also commits the offense of kidnapping, as defined in § 39-13-303 , or false imprisonment, as defined in § 39-13-302 , against the victim;
(4) The defendant also commits the offense of involuntary labor servitude, as defined in § 39-13-307 , or trafficking for a commercial sex act, as defined in § 39-13-309 , against the victim;
(5) The defendant has, at the time of the commission of the offense, more than one (1) prior conviction for a sexual offense or a violent sexual offense, as those terms are defined in § 40-39-202 ;
(6) (A) The defendant is, at the time of the offense, in a position of trust, or has supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional, or occupational status and uses the position of trust or power to accomplish the sexual penetration; or (B) The defendant has, at the time of the offense, parental or custodial authority over the victim by virtue of the defendant's legal, professional, or occupational status and uses the position to accomplish the sexual penetration;
(A) The defendant is, at the time of the offense, in a position of trust, or has supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional, or occupational status and uses the position of trust or power to accomplish the sexual penetration; or
(B) The defendant has, at the time of the offense, parental or custodial authority over the victim by virtue of the defendant's legal, professional, or occupational status and uses the position to accomplish the sexual penetration;
(7) The offense occurs during an attempt by the defendant to perpetrate first degree murder in violation of § 39-13-202 ;
(8) The defendant subjects the victim to extreme cruelty during the commission of the offense;
(9) Force or coercion is used to accomplish the act, and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
(10) The defendant causes serious bodily injury to the victim;
(11) The defendant's commission of the offense involved more than one (1) victim; or
(12) The defendant knows or has reason to know that the victim is: (A) Mentally defective; (B) Mentally incapacitated; or (C) Physically helpless.
(A) Mentally defective;
(B) Mentally incapacitated; or
(C) Physically helpless.
(b) Especially aggravated rape of a child is a Class A felony and shall be punished as follows: (1) If the defendant was a juvenile at the time of the commission of the offense, then the sentence must be from Range III, as set forth in title 40, chapter 35; and (2) If the defendant was an adult at the time of the commission of the offense, then the defendant shall be punished by imprisonment for life without possibility of parole.
(1) If the defendant was a juvenile at the time of the commission of the offense, then the sentence must be from Range III, as set forth in title 40, chapter 35; and
(2) If the defendant was an adult at the time of the commission of the offense, then the defendant shall be punished by imprisonment for life without possibility of parole.
(c) A person may not be convicted of both a violation of this section and a violation of § 39-13-502 , § 39-13-531 , § 39-13-534 , or § 39-13-117 if the facts supporting the prosecution arise out of the same criminal conduct.
Amended by 2024 Tenn. Acts, ch. 951,s 3, eff. 7/1/2024.
Added by 2022 Tenn. Acts, ch. 1062, s 2, eff. 7/1/2022.
Tenn. Code Ann. § 39-17-1101 — TN Code / Title 39 / Chapter 17 / Section 39-17-1101
Prize fighting, sparring and other brutal sports unlawful - Exception
Status: in_force

(a) It is an offense for any person or persons to engage in what is known as prize fighting or boxing with or without gloves, or in other brutal sport or exhibition, whereby bruising, maiming, or other serious bodily injury may result to the boxers or participants unless regulated pursuant to title 68, chapter 115. (b) This section shall not be construed to apply to football, baseball, basketball, hockey, soccer, lacrosse or similar activities, nor to any professional contest of unarmed combat regulated pursuant to title 68, chapter 115. (c) Nothing in this section shall be construed to prohibit or declare unlawful any activity authorized by other provisions of this code when carried out in accordance with the other provisions, or to render any participants of the same liable to the penalties of subsection (d). (d) All persons engaging in the sports or contests designated in this section either as principals, aids, seconds, or backers, commit a Class C misdemeanor.
(a) It is an offense for any person or persons to engage in what is known as prize fighting or boxing with or without gloves, or in other brutal sport or exhibition, whereby bruising, maiming, or other serious bodily injury may result to the boxers or participants unless regulated pursuant to title 68, chapter 115.
(b) This section shall not be construed to apply to football, baseball, basketball, hockey, soccer, lacrosse or similar activities, nor to any professional contest of unarmed combat regulated pursuant to title 68, chapter 115.
(c) Nothing in this section shall be construed to prohibit or declare unlawful any activity authorized by other provisions of this code when carried out in accordance with the other provisions, or to render any participants of the same liable to the penalties of subsection (d).
(d) All persons engaging in the sports or contests designated in this section either as principals, aids, seconds, or backers, commit a Class C misdemeanor.
Tenn. Code Ann. § 39-13-605 — TN Code / Title 39 / Chapter 13 / Section 39-13-605
Unlawful photography
Status: in_force

(a) It is an offense for a person to knowingly photograph, or cause to be photographed, an individual without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor's parent or legal guardian, if the photograph: (1) (A) (i) Would offend or embarrass an ordinary person if the person appeared in the photograph; or (ii) Is focused on the intimate area of the individual and would be considered offensive or embarrassing by the individual; and (B) Was taken for the purpose of sexual arousal or gratification of the defendant; or (2) (A) Includes the unclothed intimate area of the individual and would be considered offensive or embarrassing by the individual; (B) Was taken for the purpose of offending, intimidating, embarrassing, ridiculing, or harassing the victim; and (C) Was disseminated by the defendant, the defendant threatened to disseminate the photograph, or the defendant permitted the dissemination of the photograph, to another person. (b) As used in this section: (1) "Photograph" means any photograph or photographic reproduction, whether taken using digital media or conventional film, still or moving, or any videotape, live television transmission, or social media broadcast of any individual; and (2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person. (c) All photographs taken in violation of this section shall be confiscated and, after their use as evidence, destroyed. (d) (1) (A) A violation of subdivision (a)(1) is a Class A misdemeanor. (B) A first violation of subdivision (a)(2) is a Class B misdemeanor. A second or subsequent violation of subdivision (a)(2) is a Class A misdemeanor. (2) A violation of subdivision (a)(1) is a Class E felony if: (A) The defendant disseminates or permits the dissemination of the photograph to any other person; or (B) The victim of the offense is under thirteen (13) years of age at the time of the offense. (3) A violation of subdivision (a)(1) is a Class D felony if: (A) The defendant disseminates or permits the dissemination of the photograph to any other person; and (B) The victim of the offense is under thirteen (13) years of age at the time of the offense. (e) Nothing in this section shall preclude the state from electing to prosecute conduct in violation of this section under any other applicable section, including chapter 17, parts 9 and 10 of this title. (f) In addition to the punishment provided for a person who commits the misdemeanor unlawful photographing pursuant to subdivision (a)(1), the trial judge may order, after taking into account the facts and circumstances surrounding the offense, including the offense for which the person was originally charged and whether the conviction was the result of a plea bargain agreement, that the person be required to register as a sexual offender pursuant to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, compiled in title 40, chapter 39, part 2. Amended by 2022 Tenn. Acts, ch. 920, Secs.s2, s3, s4, s5 eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 920, s 1, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 354, s 1, eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 866, s 1, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 941, s 1, eff. 7/1/2016. Amended by 2014 Tenn. Acts, ch. 977,s 1, eff. 7/1/2014. Acts 1994, ch. 970, § 2; 1997 , ch. 469, §§ 1, 2; 2000, ch. 667, § 2; 2010 , ch. 1124, §§ 1, 2.
(a) It is an offense for a person to knowingly photograph, or cause to be photographed, an individual without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor's parent or legal guardian, if the photograph: (1) (A) (i) Would offend or embarrass an ordinary person if the person appeared in the photograph; or (ii) Is focused on the intimate area of the individual and would be considered offensive or embarrassing by the individual; and (B) Was taken for the purpose of sexual arousal or gratification of the defendant; or (2) (A) Includes the unclothed intimate area of the individual and would be considered offensive or embarrassing by the individual; (B) Was taken for the purpose of offending, intimidating, embarrassing, ridiculing, or harassing the victim; and (C) Was disseminated by the defendant, the defendant threatened to disseminate the photograph, or the defendant permitted the dissemination of the photograph, to another person.
(1) (A) (i) Would offend or embarrass an ordinary person if the person appeared in the photograph; or (ii) Is focused on the intimate area of the individual and would be considered offensive or embarrassing by the individual; and (B) Was taken for the purpose of sexual arousal or gratification of the defendant; or
(A) (i) Would offend or embarrass an ordinary person if the person appeared in the photograph; or (ii) Is focused on the intimate area of the individual and would be considered offensive or embarrassing by the individual; and
(i) Would offend or embarrass an ordinary person if the person appeared in the photograph; or
(ii) Is focused on the intimate area of the individual and would be considered offensive or embarrassing by the individual; and
(B) Was taken for the purpose of sexual arousal or gratification of the defendant; or
(2) (A) Includes the unclothed intimate area of the individual and would be considered offensive or embarrassing by the individual; (B) Was taken for the purpose of offending, intimidating, embarrassing, ridiculing, or harassing the victim; and (C) Was disseminated by the defendant, the defendant threatened to disseminate the photograph, or the defendant permitted the dissemination of the photograph, to another person.
(A) Includes the unclothed intimate area of the individual and would be considered offensive or embarrassing by the individual;
(B) Was taken for the purpose of offending, intimidating, embarrassing, ridiculing, or harassing the victim; and
(C) Was disseminated by the defendant, the defendant threatened to disseminate the photograph, or the defendant permitted the dissemination of the photograph, to another person.
(b) As used in this section: (1) "Photograph" means any photograph or photographic reproduction, whether taken using digital media or conventional film, still or moving, or any videotape, live television transmission, or social media broadcast of any individual; and (2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person.
(1) "Photograph" means any photograph or photographic reproduction, whether taken using digital media or conventional film, still or moving, or any videotape, live television transmission, or social media broadcast of any individual; and
(2) "Intimate area" means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person.
(c) All photographs taken in violation of this section shall be confiscated and, after their use as evidence, destroyed.
(d) (1) (A) A violation of subdivision (a)(1) is a Class A misdemeanor. (B) A first violation of subdivision (a)(2) is a Class B misdemeanor. A second or subsequent violation of subdivision (a)(2) is a Class A misdemeanor. (2) A violation of subdivision (a)(1) is a Class E felony if: (A) The defendant disseminates or permits the dissemination of the photograph to any other person; or (B) The victim of the offense is under thirteen (13) years of age at the time of the offense. (3) A violation of subdivision (a)(1) is a Class D felony if: (A) The defendant disseminates or permits the dissemination of the photograph to any other person; and (B) The victim of the offense is under thirteen (13) years of age at the time of the offense.
(1) (A) A violation of subdivision (a)(1) is a Class A misdemeanor. (B) A first violation of subdivision (a)(2) is a Class B misdemeanor. A second or subsequent violation of subdivision (a)(2) is a Class A misdemeanor.
(A) A violation of subdivision (a)(1) is a Class A misdemeanor.
(B) A first violation of subdivision (a)(2) is a Class B misdemeanor. A second or subsequent violation of subdivision (a)(2) is a Class A misdemeanor.
(2) A violation of subdivision (a)(1) is a Class E felony if: (A) The defendant disseminates or permits the dissemination of the photograph to any other person; or (B) The victim of the offense is under thirteen (13) years of age at the time of the offense.
(A) The defendant disseminates or permits the dissemination of the photograph to any other person; or
(B) The victim of the offense is under thirteen (13) years of age at the time of the offense.
(3) A violation of subdivision (a)(1) is a Class D felony if: (A) The defendant disseminates or permits the dissemination of the photograph to any other person; and (B) The victim of the offense is under thirteen (13) years of age at the time of the offense.
(A) The defendant disseminates or permits the dissemination of the photograph to any other person; and
(B) The victim of the offense is under thirteen (13) years of age at the time of the offense.
(e) Nothing in this section shall preclude the state from electing to prosecute conduct in violation of this section under any other applicable section, including chapter 17, parts 9 and 10 of this title.
(f) In addition to the punishment provided for a person who commits the misdemeanor unlawful photographing pursuant to subdivision (a)(1), the trial judge may order, after taking into account the facts and circumstances surrounding the offense, including the offense for which the person was originally charged and whether the conviction was the result of a plea bargain agreement, that the person be required to register as a sexual offender pursuant to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, compiled in title 40, chapter 39, part 2.
Amended by 2022 Tenn. Acts, ch. 920, Secs.s2, s3, s4, s5 eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 920, s 1, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 354, s 1, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 866, s 1, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 941, s 1, eff. 7/1/2016.
Amended by 2014 Tenn. Acts, ch. 977,s 1, eff. 7/1/2014.
Acts 1994, ch. 970, § 2; 1997 , ch. 469, §§ 1, 2; 2000, ch. 667, § 2; 2010 , ch. 1124, §§ 1, 2.
Tenn. Code Ann. § 39-13-807 — TN Code / Title 39 / Chapter 13 / Section 39-13-807
Provision of support or resources to designated entity or to persons committing or attempting an act of terrorism - Exception
Status: in_force

(a) (1) It is an offense for any person to provide material support or resources, or attempt or conspire to provide material support or resources, to: (A) Any person known by the person providing such material support or resources to be planning or carrying out an act of terrorism in this state, or concealing or attempting to escape after committing or attempting to commit an act of terrorism; or (B) A designated entity; provided, the person must have actual knowledge that the entity is a designated entity. (2) It is an offense for an entity that is supported in whole or in part by public funds to knowingly provide meeting spaces or other forums, including, but not limited to, electronic and print platforms, to any of the following for the purpose of soliciting material support, recruiting new members, or encouraging violent action: (A) A designated entity; (B) A group or organization that the entity knows or reasonably should know has been found by a court of competent jurisdiction within the United States to have engaged in an act of terrorism; or (C) A group or organization that the entity knows or reasonably should know receives financial or other support from a designated entity. (b) (1) A violation of subdivision (a)(1) is a Class A felony. (2) A violation of subdivision (a)(2) is a Class E felony punishable only by a fine of up to three thousand dollars ($3,000) per offense. (c) This section shall not apply to any financial service, funds transfer, or securities transaction conducted in the ordinary course of business by a financial institution subject to the information sharing, suspicious activity reporting, or currency transaction reporting requirements of the Bank Secrecy Act ( 31 U.S.C. § 5311 et seq.), or the U.S.A. Patriot Act (PL 107-56); provided, that any such institution that acts with the intent to assist, aid, or abet any person planning or carrying out an act of terrorism in this state, or concealing or attempting to escape after committing or attempting to commit an act of terrorism, shall remain liable under subsection (a). (d) A person prosecuted under subdivision (a)(1)(B) shall be afforded the same due process rights as are afforded to persons prosecuted under 18 U.S.C. § 2339B . (e) The district attorney general shall notify the United States department of state, and any other appropriate federal department or agency, of a violation of subsection (a). Amended by 2024 Tenn. Acts, ch. 872,s 3, eff. 5/1/2024. Amended by 2024 Tenn. Acts, ch. 872,s 2, eff. 5/1/2024. Amended by 2024 Tenn. Acts, ch. 872,s 1, eff. 5/1/2024. Acts 2002, ch. 849, § 1; 2011 , ch. 497, § 4.
(a) (1) It is an offense for any person to provide material support or resources, or attempt or conspire to provide material support or resources, to: (A) Any person known by the person providing such material support or resources to be planning or carrying out an act of terrorism in this state, or concealing or attempting to escape after committing or attempting to commit an act of terrorism; or (B) A designated entity; provided, the person must have actual knowledge that the entity is a designated entity. (2) It is an offense for an entity that is supported in whole or in part by public funds to knowingly provide meeting spaces or other forums, including, but not limited to, electronic and print platforms, to any of the following for the purpose of soliciting material support, recruiting new members, or encouraging violent action: (A) A designated entity; (B) A group or organization that the entity knows or reasonably should know has been found by a court of competent jurisdiction within the United States to have engaged in an act of terrorism; or (C) A group or organization that the entity knows or reasonably should know receives financial or other support from a designated entity.
(1) It is an offense for any person to provide material support or resources, or attempt or conspire to provide material support or resources, to: (A) Any person known by the person providing such material support or resources to be planning or carrying out an act of terrorism in this state, or concealing or attempting to escape after committing or attempting to commit an act of terrorism; or (B) A designated entity; provided, the person must have actual knowledge that the entity is a designated entity.
(A) Any person known by the person providing such material support or resources to be planning or carrying out an act of terrorism in this state, or concealing or attempting to escape after committing or attempting to commit an act of terrorism; or
(B) A designated entity; provided, the person must have actual knowledge that the entity is a designated entity.
(2) It is an offense for an entity that is supported in whole or in part by public funds to knowingly provide meeting spaces or other forums, including, but not limited to, electronic and print platforms, to any of the following for the purpose of soliciting material support, recruiting new members, or encouraging violent action: (A) A designated entity; (B) A group or organization that the entity knows or reasonably should know has been found by a court of competent jurisdiction within the United States to have engaged in an act of terrorism; or (C) A group or organization that the entity knows or reasonably should know receives financial or other support from a designated entity.
(A) A designated entity;
(B) A group or organization that the entity knows or reasonably should know has been found by a court of competent jurisdiction within the United States to have engaged in an act of terrorism; or
(C) A group or organization that the entity knows or reasonably should know receives financial or other support from a designated entity.
(b) (1) A violation of subdivision (a)(1) is a Class A felony. (2) A violation of subdivision (a)(2) is a Class E felony punishable only by a fine of up to three thousand dollars ($3,000) per offense.
(1) A violation of subdivision (a)(1) is a Class A felony.
(2) A violation of subdivision (a)(2) is a Class E felony punishable only by a fine of up to three thousand dollars ($3,000) per offense.
(c) This section shall not apply to any financial service, funds transfer, or securities transaction conducted in the ordinary course of business by a financial institution subject to the information sharing, suspicious activity reporting, or currency transaction reporting requirements of the Bank Secrecy Act ( 31 U.S.C. § 5311 et seq.), or the U.S.A. Patriot Act (PL 107-56); provided, that any such institution that acts with the intent to assist, aid, or abet any person planning or carrying out an act of terrorism in this state, or concealing or attempting to escape after committing or attempting to commit an act of terrorism, shall remain liable under subsection (a).
(d) A person prosecuted under subdivision (a)(1)(B) shall be afforded the same due process rights as are afforded to persons prosecuted under 18 U.S.C. § 2339B .
(e) The district attorney general shall notify the United States department of state, and any other appropriate federal department or agency, of a violation of subsection (a).
Amended by 2024 Tenn. Acts, ch. 872,s 3, eff. 5/1/2024.
Amended by 2024 Tenn. Acts, ch. 872,s 2, eff. 5/1/2024.
Amended by 2024 Tenn. Acts, ch. 872,s 1, eff. 5/1/2024.
Acts 2002, ch. 849, § 1; 2011 , ch. 497, § 4.
Tenn. Code Ann. § 39-17-1104 — TN Code / Title 39 / Chapter 17 / Section 39-17-1104
Interference with operations of ticket seller
Status: in_force

(a) As used in this section, unless the context otherwise requires, "ticket seller" means a person who has executed a written agreement with the management of any venue for a sporting event, theater, musical performance, or public entertainment or amusement of any kind, to sell tickets to such an event over the internet. (b) It is an offense for any person to knowingly sell, give, transfer, use, distribute or possess with the intent to sell, give or distribute software that is primarily designed or produced for the purpose of interfering with the operations of any ticket seller that sells, over the internet, tickets of admission to a sporting event, theater, musical performance, or place of public entertainment or amusement of any kind by circumventing any security measures on the ticket seller's website, circumventing any access control systems of the ticket seller's website, or circumventing any controls or measures that are instituted by the ticket seller on its website to ensure an equitable ticket buying process. (c) (1) A violation of this section is a Class B misdemeanor, punishable by fine only of not more than five hundred dollars ($500), or any profits made or tickets acquired in the course of the violation of this section, whichever amount is greater. (2) Each acquisition, sale, or offer in violation of this section constitutes a separate offense. Acts 2008, ch. 731, § 1.
(a) As used in this section, unless the context otherwise requires, "ticket seller" means a person who has executed a written agreement with the management of any venue for a sporting event, theater, musical performance, or public entertainment or amusement of any kind, to sell tickets to such an event over the internet.
(b) It is an offense for any person to knowingly sell, give, transfer, use, distribute or possess with the intent to sell, give or distribute software that is primarily designed or produced for the purpose of interfering with the operations of any ticket seller that sells, over the internet, tickets of admission to a sporting event, theater, musical performance, or place of public entertainment or amusement of any kind by circumventing any security measures on the ticket seller's website, circumventing any access control systems of the ticket seller's website, or circumventing any controls or measures that are instituted by the ticket seller on its website to ensure an equitable ticket buying process.
(c) (1) A violation of this section is a Class B misdemeanor, punishable by fine only of not more than five hundred dollars ($500), or any profits made or tickets acquired in the course of the violation of this section, whichever amount is greater. (2) Each acquisition, sale, or offer in violation of this section constitutes a separate offense.
(1) A violation of this section is a Class B misdemeanor, punishable by fine only of not more than five hundred dollars ($500), or any profits made or tickets acquired in the course of the violation of this section, whichever amount is greater.
(2) Each acquisition, sale, or offer in violation of this section constitutes a separate offense.
Acts 2008, ch. 731, § 1.
Tenn. Code Ann. § 39-17-428 — TN Code / Title 39 / Chapter 17 / Section 39-17-428
Mandatory minimum fines - Allocation of proceeds
Status: in_force

(a) Notwithstanding any other provision of this part to the contrary, any person convicted of violating any provision of this part shall be fined no less than the amount set out in the schedule in subsection (b). The fines set out in the schedule shall be the minimum mandatory fine for each type of offense and offender and shall not be construed to be a separate fine or in addition to the fines currently authorized by law for the offense committed. Nothing in this section shall prohibit the court from imposing a fine in excess of the minimum set out in such schedule; provided, that the amount is authorized by law. (b) In determining the minimum fine to impose upon any person convicted of violating any provision of this part, the court shall first determine whether the person was convicted of a misdemeanor or felony violation of this part and then shall determine if the person has any previous convictions for violations of this part. Having determined the category of offense and offender, the judge shall impose a minimum mandatory fine based upon the following: (1) First conviction for a misdemeanor drug offense involving a Schedule VI controlled substance classified as marijuana or hashish .................... $250 (2) Second conviction for a misdemeanor drug offense involving a Schedule VI controlled substance classified as marijuana or hashish .................... 500 (3) Third or subsequent conviction for a misdemeanor drug offense ....................1,000 (4) First conviction for a misdemeanor drug offense involving a scheduled controlled substance other than Schedule VI .................... 750 (5) Second conviction for a misdemeanor drug offense involving a scheduled controlled substance other than Schedule VI .................... 850 (6) Third or subsequent conviction for a misdemeanor drug offense, where the current offense involves a Schedule I controlled substance classified as heroin, enhanced as a felony under § 39-17-418(e) ....................1,000 (7) First conviction for possession of drug paraphernalia under § 39-17-425(a)(1) .................... 150 (8) Second or subsequent conviction for possession of drug paraphernalia under § 39-17-425(a)(1) and conviction for all other misdemeanor drug offenses .................... 250 (9) First conviction for all felony drug offenses involving a scheduled controlled substance .................... 2,000 (10) Second conviction for all felony drug offenses involving a scheduled controlled substance .................... 3,000 (11) Third or subsequent conviction for all felony drug offenses involving a scheduled controlled substance .................... 5,000 (12) First conviction for all other felony drug offenses including § 39-17-423(a) and (b) and § 39-17-425(b)(1) .................... 1,000 (13) Second or subsequent conviction for all other felony drug offenses including § 39-17-423(a) and (b) and § 39-17-425(b)(1) .................... 1,500 (14) First conviction for an offense under § 39-17-431(m) ....................1,000. (15) Second or subsequent conviction for an offense under § 39-17-431(m) ....................2,000. (c) (1) Fifty percent (50%) of any fine collected pursuant to subsection (b) shall be allocated in the manner set out in § 39-17-420 . The remaining fifty percent (50%) shall be paid to the general fund of the governing body of the law enforcement agency responsible for the investigation and arrest which resulted in the drug conviction; provided, that if a drug task force is responsible for the investigation and arrest, the amount above the minimum fine shall be paid to the general fund of the governing body of one (1) or more counties and cities within the judicial district as directed by the court. Notwithstanding § 39-17-420(a)(1) or any other law to the contrary, a portion of any fine collected pursuant to subsection (b) may be expended to fund programs and services for infants and children who are afflicted by HIV or AIDS. (2) Nothing in this section shall be construed as prohibiting the use of proceeds from fines imposed pursuant to this section for the purpose of drug education. (d) (1) Unless the judge, using the applicable criteria set out in § 40-14-202(c) , determines that a person convicted of violating this section is indigent, or that payment of the minimum fine would result in a severe economic hardship, or such fine would otherwise not be in the interests of justice, the minimum fines imposed by this section shall be mandatory and shall not be reduced, suspended, waived or otherwise released by the court. No plea agreement shall be accepted by a court if the agreement attempts to reduce or suspend all or any portion of the mandatory fines imposed by this section unless the judge determines that one (1) of the conditions set out in the first sentence of this subdivision (d)(1) exists. (2) If the judge of a court of general sessions determines that it is necessary to reduce, suspend, waive or otherwise release the minimum fines imposed by this section, the judge shall assess the fine, and write on the warrant the amount of the fine, the fact that it is reduced, suspended, waived or released and the reasons for the reduction, suspension, waiver or release. If done by the judge of a court of record, the judge shall assess the fine and make a specific finding of fact on the record relative to the reduction, suspension, waiver or release and the reasons for the reduction, suspension, waiver or release. Amended by 2016 Tenn. Acts, ch. 876, s 13, eff. 7/1/2016. Acts 1990, ch. 1036, § 1; 1994, ch. 923, § 2; 1998, ch. 1079, § 5; 1999, ch. 503, § 1; 2000, ch. 881, § 1; 2011 , ch. 292, § 3.
(a) Notwithstanding any other provision of this part to the contrary, any person convicted of violating any provision of this part shall be fined no less than the amount set out in the schedule in subsection (b). The fines set out in the schedule shall be the minimum mandatory fine for each type of offense and offender and shall not be construed to be a separate fine or in addition to the fines currently authorized by law for the offense committed. Nothing in this section shall prohibit the court from imposing a fine in excess of the minimum set out in such schedule; provided, that the amount is authorized by law.
(b) In determining the minimum fine to impose upon any person convicted of violating any provision of this part, the court shall first determine whether the person was convicted of a misdemeanor or felony violation of this part and then shall determine if the person has any previous convictions for violations of this part. Having determined the category of offense and offender, the judge shall impose a minimum mandatory fine based upon the following: (1) First conviction for a misdemeanor drug offense involving a Schedule VI controlled substance classified as marijuana or hashish .................... $250 (2) Second conviction for a misdemeanor drug offense involving a Schedule VI controlled substance classified as marijuana or hashish .................... 500 (3) Third or subsequent conviction for a misdemeanor drug offense ....................1,000 (4) First conviction for a misdemeanor drug offense involving a scheduled controlled substance other than Schedule VI .................... 750 (5) Second conviction for a misdemeanor drug offense involving a scheduled controlled substance other than Schedule VI .................... 850 (6) Third or subsequent conviction for a misdemeanor drug offense, where the current offense involves a Schedule I controlled substance classified as heroin, enhanced as a felony under § 39-17-418(e) ....................1,000 (7) First conviction for possession of drug paraphernalia under § 39-17-425(a)(1) .................... 150 (8) Second or subsequent conviction for possession of drug paraphernalia under § 39-17-425(a)(1) and conviction for all other misdemeanor drug offenses .................... 250 (9) First conviction for all felony drug offenses involving a scheduled controlled substance .................... 2,000 (10) Second conviction for all felony drug offenses involving a scheduled controlled substance .................... 3,000 (11) Third or subsequent conviction for all felony drug offenses involving a scheduled controlled substance .................... 5,000 (12) First conviction for all other felony drug offenses including § 39-17-423(a) and (b) and § 39-17-425(b)(1) .................... 1,000 (13) Second or subsequent conviction for all other felony drug offenses including § 39-17-423(a) and (b) and § 39-17-425(b)(1) .................... 1,500 (14) First conviction for an offense under § 39-17-431(m) ....................1,000. (15) Second or subsequent conviction for an offense under § 39-17-431(m) ....................2,000.
(1) First conviction for a misdemeanor drug offense involving a Schedule VI controlled substance classified as marijuana or hashish .................... $250
(2) Second conviction for a misdemeanor drug offense involving a Schedule VI controlled substance classified as marijuana or hashish .................... 500
(3) Third or subsequent conviction for a misdemeanor drug offense ....................1,000
(4) First conviction for a misdemeanor drug offense involving a scheduled controlled substance other than Schedule VI .................... 750
(5) Second conviction for a misdemeanor drug offense involving a scheduled controlled substance other than Schedule VI .................... 850
(6) Third or subsequent conviction for a misdemeanor drug offense, where the current offense involves a Schedule I controlled substance classified as heroin, enhanced as a felony under § 39-17-418(e) ....................1,000
(7) First conviction for possession of drug paraphernalia under § 39-17-425(a)(1) .................... 150
(8) Second or subsequent conviction for possession of drug paraphernalia under § 39-17-425(a)(1) and conviction for all other misdemeanor drug offenses .................... 250
(9) First conviction for all felony drug offenses involving a scheduled controlled substance .................... 2,000
(10) Second conviction for all felony drug offenses involving a scheduled controlled substance .................... 3,000
(11) Third or subsequent conviction for all felony drug offenses involving a scheduled controlled substance .................... 5,000
(12) First conviction for all other felony drug offenses including § 39-17-423(a) and (b) and § 39-17-425(b)(1) .................... 1,000
(13) Second or subsequent conviction for all other felony drug offenses including § 39-17-423(a) and (b) and § 39-17-425(b)(1) .................... 1,500
(14) First conviction for an offense under § 39-17-431(m) ....................1,000.
(15) Second or subsequent conviction for an offense under § 39-17-431(m) ....................2,000.
(c) (1) Fifty percent (50%) of any fine collected pursuant to subsection (b) shall be allocated in the manner set out in § 39-17-420 . The remaining fifty percent (50%) shall be paid to the general fund of the governing body of the law enforcement agency responsible for the investigation and arrest which resulted in the drug conviction; provided, that if a drug task force is responsible for the investigation and arrest, the amount above the minimum fine shall be paid to the general fund of the governing body of one (1) or more counties and cities within the judicial district as directed by the court. Notwithstanding § 39-17-420(a)(1) or any other law to the contrary, a portion of any fine collected pursuant to subsection (b) may be expended to fund programs and services for infants and children who are afflicted by HIV or AIDS. (2) Nothing in this section shall be construed as prohibiting the use of proceeds from fines imposed pursuant to this section for the purpose of drug education.
(1) Fifty percent (50%) of any fine collected pursuant to subsection (b) shall be allocated in the manner set out in § 39-17-420 . The remaining fifty percent (50%) shall be paid to the general fund of the governing body of the law enforcement agency responsible for the investigation and arrest which resulted in the drug conviction; provided, that if a drug task force is responsible for the investigation and arrest, the amount above the minimum fine shall be paid to the general fund of the governing body of one (1) or more counties and cities within the judicial district as directed by the court. Notwithstanding § 39-17-420(a)(1) or any other law to the contrary, a portion of any fine collected pursuant to subsection (b) may be expended to fund programs and services for infants and children who are afflicted by HIV or AIDS.
(2) Nothing in this section shall be construed as prohibiting the use of proceeds from fines imposed pursuant to this section for the purpose of drug education.
(d) (1) Unless the judge, using the applicable criteria set out in § 40-14-202(c) , determines that a person convicted of violating this section is indigent, or that payment of the minimum fine would result in a severe economic hardship, or such fine would otherwise not be in the interests of justice, the minimum fines imposed by this section shall be mandatory and shall not be reduced, suspended, waived or otherwise released by the court. No plea agreement shall be accepted by a court if the agreement attempts to reduce or suspend all or any portion of the mandatory fines imposed by this section unless the judge determines that one (1) of the conditions set out in the first sentence of this subdivision (d)(1) exists. (2) If the judge of a court of general sessions determines that it is necessary to reduce, suspend, waive or otherwise release the minimum fines imposed by this section, the judge shall assess the fine, and write on the warrant the amount of the fine, the fact that it is reduced, suspended, waived or released and the reasons for the reduction, suspension, waiver or release. If done by the judge of a court of record, the judge shall assess the fine and make a specific finding of fact on the record relative to the reduction, suspension, waiver or release and the reasons for the reduction, suspension, waiver or release.
(1) Unless the judge, using the applicable criteria set out in § 40-14-202(c) , determines that a person convicted of violating this section is indigent, or that payment of the minimum fine would result in a severe economic hardship, or such fine would otherwise not be in the interests of justice, the minimum fines imposed by this section shall be mandatory and shall not be reduced, suspended, waived or otherwise released by the court. No plea agreement shall be accepted by a court if the agreement attempts to reduce or suspend all or any portion of the mandatory fines imposed by this section unless the judge determines that one (1) of the conditions set out in the first sentence of this subdivision (d)(1) exists.
(2) If the judge of a court of general sessions determines that it is necessary to reduce, suspend, waive or otherwise release the minimum fines imposed by this section, the judge shall assess the fine, and write on the warrant the amount of the fine, the fact that it is reduced, suspended, waived or released and the reasons for the reduction, suspension, waiver or release. If done by the judge of a court of record, the judge shall assess the fine and make a specific finding of fact on the record relative to the reduction, suspension, waiver or release and the reasons for the reduction, suspension, waiver or release.
Amended by 2016 Tenn. Acts, ch. 876, s 13, eff. 7/1/2016.
Acts 1990, ch. 1036, § 1; 1994, ch. 923, § 2; 1998, ch. 1079, § 5; 1999, ch. 503, § 1; 2000, ch. 881, § 1; 2011 , ch. 292, § 3.
Tenn. Code Ann. § 39-17-509 — TN Code / Title 39 / Chapter 17 / Section 39-17-509
Preemption
Status: in_force

The general assembly, by enacting this part, intends to preempt any other regulation of the area covered by this part. No governmental subdivision or agency may enact or enforce a law that regulates or makes any conduct in the area covered by this part an offense, a violation, or the subject of a criminal or civil penalty or sanction of any kind. Acts 1989, ch. 591, § 1.
The general assembly, by enacting this part, intends to preempt any other regulation of the area covered by this part. No governmental subdivision or agency may enact or enforce a law that regulates or makes any conduct in the area covered by this part an offense, a violation, or the subject of a criminal or civil penalty or sanction of any kind.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-501 — TN Code / Title 39 / Chapter 17 / Section 39-17-501
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Antique coin machine" means a gambling device or record that is at least twenty-five (25) years old and that is operated, played, worked, manipulated, or used by inserting or depositing a coin, slug, token, or thing of value to play a game, see pictures, hear music, or provide any other form of entertainment and includes, but is not limited to, antique slot machines, antique gambling devices, or antique gaming machines; (2) "Gambling" is contrary to the public policy of this state and means risking anything of value for a profit whose return is to any degree contingent on chance, or any games of chance associated with casinos, including, but not limited to, slot machines, roulette wheels and the like. For the purposes of this chapter gambling does not include: (A) A lawful business transaction; (B) Annual events operated for the benefit of nonprofit organizations that are authorized pursuant to a two-thirds (2/3) approval of the general assembly, so long as such events are not prohibited by the state constitution; (C) A state lottery of the type in operation in Georgia, Kentucky, and Virginia in 2000 and authorized by amendment to the Constitution of Tennessee, if the lottery is approved by the general assembly; (D) A fantasy sports contest conducted in accordance with the Fantasy Sports Act, compiled in title 4, chapter 49, part 2; (E) Lawfully accepting or placing a wager on a sporting event in accordance with the Tennessee Sports Gaming Act, compiled in title 4, chapter 49; or (F) A low-level sports entertainment pool; (3) "Gambling bet" means anything of value risked in gambling; (4) "Gambling device or record" means anything designed for use in gambling, intended for use in gambling, or used for gambling; (5) "Lawful business transaction," as used in subdivision (2), includes any futures or commodities trading; (6) "Lottery" means the selling of anything of value for chances on a prize or stake; (7) "Low-level sports entertainment pool" or "pool" means a type of pari-mutuel betting: (A) In which a participant: (i) Pays money for participation in a pool; and (ii) Makes selections based on the participant's predictions of either the outcome of a series of athletic contests of the same sport or the statistics of individual athletes selected by the participant to assemble an imaginary team of athletes; (B) That does not involve laying odds; and (C) That has the following characteristics: (i) The total or cumulative entry fee paid by an individual participant is no more than twenty-five dollars ($25.00); (ii) The total pool is no more than one thousand dollars ($1,000); and (iii) The pool is managed by an individual and not by any type of business entity; and (8) "Profit" means anything of value in addition to the gambling bet. Amended by 2023 Tenn. Acts, ch. 450, s 33, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 143, s 7, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 65, s 1, eff. 7/1/2021. Amended by 2019 Tenn. Acts, ch. 507, s 2, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 126, s 3, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 126, s 2, eff. 7/1/2019. Amended by 2016 Tenn. Acts, ch. 978, s 2, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 134, s 23, eff. 4/14/2015. Acts 1989, ch. 591, § 1; 1990, ch. 945, § 1; 2001, ch. 439, § 1; 2007 , ch. 349, § 1; 2009 , ch. 267, § 1.
As used in this part, unless the context otherwise requires:
(1) "Antique coin machine" means a gambling device or record that is at least twenty-five (25) years old and that is operated, played, worked, manipulated, or used by inserting or depositing a coin, slug, token, or thing of value to play a game, see pictures, hear music, or provide any other form of entertainment and includes, but is not limited to, antique slot machines, antique gambling devices, or antique gaming machines;
(2) "Gambling" is contrary to the public policy of this state and means risking anything of value for a profit whose return is to any degree contingent on chance, or any games of chance associated with casinos, including, but not limited to, slot machines, roulette wheels and the like. For the purposes of this chapter gambling does not include: (A) A lawful business transaction; (B) Annual events operated for the benefit of nonprofit organizations that are authorized pursuant to a two-thirds (2/3) approval of the general assembly, so long as such events are not prohibited by the state constitution; (C) A state lottery of the type in operation in Georgia, Kentucky, and Virginia in 2000 and authorized by amendment to the Constitution of Tennessee, if the lottery is approved by the general assembly; (D) A fantasy sports contest conducted in accordance with the Fantasy Sports Act, compiled in title 4, chapter 49, part 2; (E) Lawfully accepting or placing a wager on a sporting event in accordance with the Tennessee Sports Gaming Act, compiled in title 4, chapter 49; or (F) A low-level sports entertainment pool;
(A) A lawful business transaction;
(B) Annual events operated for the benefit of nonprofit organizations that are authorized pursuant to a two-thirds (2/3) approval of the general assembly, so long as such events are not prohibited by the state constitution;
(C) A state lottery of the type in operation in Georgia, Kentucky, and Virginia in 2000 and authorized by amendment to the Constitution of Tennessee, if the lottery is approved by the general assembly;
(D) A fantasy sports contest conducted in accordance with the Fantasy Sports Act, compiled in title 4, chapter 49, part 2;
(E) Lawfully accepting or placing a wager on a sporting event in accordance with the Tennessee Sports Gaming Act, compiled in title 4, chapter 49; or
(F) A low-level sports entertainment pool;
(3) "Gambling bet" means anything of value risked in gambling;
(4) "Gambling device or record" means anything designed for use in gambling, intended for use in gambling, or used for gambling;
(5) "Lawful business transaction," as used in subdivision (2), includes any futures or commodities trading;
(6) "Lottery" means the selling of anything of value for chances on a prize or stake;
(7) "Low-level sports entertainment pool" or "pool" means a type of pari-mutuel betting: (A) In which a participant: (i) Pays money for participation in a pool; and (ii) Makes selections based on the participant's predictions of either the outcome of a series of athletic contests of the same sport or the statistics of individual athletes selected by the participant to assemble an imaginary team of athletes; (B) That does not involve laying odds; and (C) That has the following characteristics: (i) The total or cumulative entry fee paid by an individual participant is no more than twenty-five dollars ($25.00); (ii) The total pool is no more than one thousand dollars ($1,000); and (iii) The pool is managed by an individual and not by any type of business entity; and
(A) In which a participant: (i) Pays money for participation in a pool; and (ii) Makes selections based on the participant's predictions of either the outcome of a series of athletic contests of the same sport or the statistics of individual athletes selected by the participant to assemble an imaginary team of athletes;
(i) Pays money for participation in a pool; and
(ii) Makes selections based on the participant's predictions of either the outcome of a series of athletic contests of the same sport or the statistics of individual athletes selected by the participant to assemble an imaginary team of athletes;
(B) That does not involve laying odds; and
(C) That has the following characteristics: (i) The total or cumulative entry fee paid by an individual participant is no more than twenty-five dollars ($25.00); (ii) The total pool is no more than one thousand dollars ($1,000); and (iii) The pool is managed by an individual and not by any type of business entity; and
(i) The total or cumulative entry fee paid by an individual participant is no more than twenty-five dollars ($25.00);
(ii) The total pool is no more than one thousand dollars ($1,000); and
(iii) The pool is managed by an individual and not by any type of business entity; and
(8) "Profit" means anything of value in addition to the gambling bet.
Amended by 2023 Tenn. Acts, ch. 450, s 33, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 143, s 7, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 65, s 1, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 507, s 2, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 126, s 3, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 126, s 2, eff. 7/1/2019.
Amended by 2016 Tenn. Acts, ch. 978, s 2, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 134, s 23, eff. 4/14/2015.
Acts 1989, ch. 591, § 1; 1990, ch. 945, § 1; 2001, ch. 439, § 1; 2007 , ch. 349, § 1; 2009 , ch. 267, § 1.
Tenn. Code Ann. § 39-13-218 — TN Code / Title 39 / Chapter 13 / Section 39-13-218
Aggravated vehicular homicide
Status: in_force

(a) Aggravated vehicular homicide is vehicular homicide, as defined in § 39-13-213(a)(2) , where: (1) The defendant has two (2) or more prior convictions for: (A) Driving under the influence of an intoxicant or boating under the influence, as defined in § 69-9-217(a) ; (B) Vehicular assault; or (C) Any combination of such offenses; (2) The defendant has one (1) or more prior convictions for the offense of vehicular homicide; or (3) There was, at the time of the offense, twenty-hundredths of one percent (0.20%), or more, by weight of alcohol in the defendant's blood and the defendant has one (1) prior conviction for: (A) Driving under the influence of an intoxicant or boating under the influence, as defined in § 69-9-217(a) ; or (B) Vehicular assault. (b) (1) As used in this section, unless the context otherwise requires, "prior conviction" means an offense for which the defendant was convicted prior to the commission of the instant vehicular homicide and includes convictions occurring prior to July 1, 1996. (2) "Prior conviction" includes convictions under the laws of any other state, government, or country that, if committed in this state, would have constituted one (1) of the three (3) offenses enumerated in subdivision (a)(1) or (a)(2). In the event that a conviction from a jurisdiction other than Tennessee is not specifically named the same as one (1) of the three (3) offenses enumerated in subdivision (a)(1) or (a)(2), the elements of the offense in the other jurisdiction shall be used by the Tennessee court to determine if the offense constitutes one (1) of the prior convictions required by subsection (a). (c) If the defendant is charged with aggravated vehicular homicide, the indictment, in a separate count, shall specify, charge and give notice of the required prior conviction or convictions. If the defendant is convicted of vehicular homicide under § 39-13-213(a)(2) , the jury shall then separately consider whether the defendant has the requisite number and types of prior offenses or level of blood alcohol concentration necessary to constitute the offense of aggravated vehicular homicide. If the jury convicts the defendant of aggravated vehicular homicide, the court shall pronounce judgment and sentence the defendant from within the felony classification set out in subsection (d). (d) Aggravated vehicular homicide is a Class A felony. Amended by 2021 Tenn. Acts, ch. 434, s 7, eff. 7/1/2021. Acts 1996, ch. 902, § 1.
(a) Aggravated vehicular homicide is vehicular homicide, as defined in § 39-13-213(a)(2) , where: (1) The defendant has two (2) or more prior convictions for: (A) Driving under the influence of an intoxicant or boating under the influence, as defined in § 69-9-217(a) ; (B) Vehicular assault; or (C) Any combination of such offenses; (2) The defendant has one (1) or more prior convictions for the offense of vehicular homicide; or (3) There was, at the time of the offense, twenty-hundredths of one percent (0.20%), or more, by weight of alcohol in the defendant's blood and the defendant has one (1) prior conviction for: (A) Driving under the influence of an intoxicant or boating under the influence, as defined in § 69-9-217(a) ; or (B) Vehicular assault.
(1) The defendant has two (2) or more prior convictions for: (A) Driving under the influence of an intoxicant or boating under the influence, as defined in § 69-9-217(a) ; (B) Vehicular assault; or (C) Any combination of such offenses;
(A) Driving under the influence of an intoxicant or boating under the influence, as defined in § 69-9-217(a) ;
(B) Vehicular assault; or
(C) Any combination of such offenses;
(2) The defendant has one (1) or more prior convictions for the offense of vehicular homicide; or
(3) There was, at the time of the offense, twenty-hundredths of one percent (0.20%), or more, by weight of alcohol in the defendant's blood and the defendant has one (1) prior conviction for: (A) Driving under the influence of an intoxicant or boating under the influence, as defined in § 69-9-217(a) ; or (B) Vehicular assault.
(A) Driving under the influence of an intoxicant or boating under the influence, as defined in § 69-9-217(a) ; or
(B) Vehicular assault.
(b) (1) As used in this section, unless the context otherwise requires, "prior conviction" means an offense for which the defendant was convicted prior to the commission of the instant vehicular homicide and includes convictions occurring prior to July 1, 1996. (2) "Prior conviction" includes convictions under the laws of any other state, government, or country that, if committed in this state, would have constituted one (1) of the three (3) offenses enumerated in subdivision (a)(1) or (a)(2). In the event that a conviction from a jurisdiction other than Tennessee is not specifically named the same as one (1) of the three (3) offenses enumerated in subdivision (a)(1) or (a)(2), the elements of the offense in the other jurisdiction shall be used by the Tennessee court to determine if the offense constitutes one (1) of the prior convictions required by subsection (a).
(1) As used in this section, unless the context otherwise requires, "prior conviction" means an offense for which the defendant was convicted prior to the commission of the instant vehicular homicide and includes convictions occurring prior to July 1, 1996.
(2) "Prior conviction" includes convictions under the laws of any other state, government, or country that, if committed in this state, would have constituted one (1) of the three (3) offenses enumerated in subdivision (a)(1) or (a)(2). In the event that a conviction from a jurisdiction other than Tennessee is not specifically named the same as one (1) of the three (3) offenses enumerated in subdivision (a)(1) or (a)(2), the elements of the offense in the other jurisdiction shall be used by the Tennessee court to determine if the offense constitutes one (1) of the prior convictions required by subsection (a).
(c) If the defendant is charged with aggravated vehicular homicide, the indictment, in a separate count, shall specify, charge and give notice of the required prior conviction or convictions. If the defendant is convicted of vehicular homicide under § 39-13-213(a)(2) , the jury shall then separately consider whether the defendant has the requisite number and types of prior offenses or level of blood alcohol concentration necessary to constitute the offense of aggravated vehicular homicide. If the jury convicts the defendant of aggravated vehicular homicide, the court shall pronounce judgment and sentence the defendant from within the felony classification set out in subsection (d).
(d) Aggravated vehicular homicide is a Class A felony.
Amended by 2021 Tenn. Acts, ch. 434, s 7, eff. 7/1/2021.
Acts 1996, ch. 902, § 1.
Tenn. Code Ann. § 39-17-1317 — TN Code / Title 39 / Chapter 17 / Section 39-17-1317
Confiscation and disposition of confiscated weapons
Status: in_force

(a) (1) Any weapon that is possessed, used, or sold in violation of the law shall be confiscated by a law enforcement officer and declared to be contraband by a court of record exercising criminal jurisdiction. (2) (A) The sheriff or chief of police for the jurisdiction where the weapon was confiscated may petition the court for permission to dispose of the weapon in accordance with this section. (B) If the weapon was confiscated by a judicial district drug task force, then the director of the task force where the weapon was confiscated may petition the court for disposal of the weapon in accordance with this section. (C) If the weapon was confiscated by the department of safety, then the commissioner of safety may petition the court for disposal of the weapon in accordance with this section. (D) If the weapon was confiscated by the Tennessee bureau of investigation, then the director may petition the court for disposal of the weapon in accordance with this section. (b) Any weapon declared contraband, secured by a law enforcement officer or agency after being abandoned, voluntarily surrendered to a law enforcement officer or agency, or obtained by a law enforcement agency, including through a buyback program, shall be, pursuant to a written order of the court: (1) Sold in a public sale; (2) Used for legitimate law enforcement purposes, at the discretion of the court; or (3) Relinquished in accordance with subsection (i). (c) If the weapon was confiscated, or obtained after being abandoned and secured, after being voluntarily surrendered, or through a buyback program, by a local law enforcement agency or a judicial district drug task force and if the court orders the weapon to be sold, then: (1) It shall be sold at a public auction not later than six (6) months from the date of the court order. The sale shall be conducted by the sheriff of the county or the chief of police of the municipality in which it was seized or obtained; (2) The proceeds from the sale shall be deposited in the county or municipal general fund and allocated solely for law enforcement purposes; (3) The sale shall be advertised: (A) In a daily or weekly newspaper circulated within the county. The advertisement shall run for not less than three (3) editions and not less than thirty (30) days prior to the sale; or (B) By posting the sale on a website maintained by the state or a political subdivision of the state not less than thirty (30) days prior to the sale; and (4) If required by federal or state law, then the sale can be conducted under contract with a licensed firearm dealer, whose commission shall not exceed twenty percent (20%) of the gross sales price. However, the dealer shall not hold any elective or appointed position within the federal, state, or local government in this state during any stage of the sales contract. (d) If the weapon was confiscated, or obtained after being abandoned and secured, after being voluntarily surrendered, or through a buyback program, by the department of safety or the Tennessee bureau of investigation and if the court orders it to be sold, then it shall be turned over to the department of general services, which shall sell the weapon and dispose of the proceeds of the sale in the same manner as it currently does for other confiscated weapons. (e) If the court orders the weapon to be retained and used for legitimate law enforcement purposes, then: (1) Title to the weapon shall be placed in the law enforcement agency or judicial district drug task force retaining the weapon; and (2) When the weapon is no longer needed for legitimate law enforcement purposes, it shall be sold in accordance with this section. (f) If the weapon is sold, then the commissioner of safety or the director of the Tennessee bureau of investigation, the sheriff, chief of police, or director of the judicial district drug task force shall file an affidavit with the court issuing the sale order. The affidavit shall: (1) Be filed within thirty (30) days after the sale; (2) Identify the weapon, including any serial number, and shall state the time, date, and circumstances of the sale; and (3) List the name and address of the purchaser and the price paid for the weapon. (g) Notwithstanding any other provisions of this section: (1) A weapon that may be evidence in an official proceeding shall be retained or otherwise preserved in accordance with the rules or practices regulating the preservation of evidence. The weapon shall be sold or retained for legitimate law enforcement purposes not less than sixty (60) days nor more than one hundred eighty (180) days after the last legal proceeding involving the weapon; provided, that the requirements of subdivision (g)(2) have been met; and (2) A law enforcement agency possessing a weapon declared contraband, retained as evidence in an official proceeding, secured after being abandoned, or surrendered by someone other than the owner shall use best efforts to determine whether the weapon has been lost by or stolen or borrowed from an innocent owner, and if so, the agency shall return the weapon to the owner, if ascertainable, unless that person is ineligible to possess, receive, or purchase such weapon under state or federal law. (h) (1) Except in accordance with this section, no weapon seized by law enforcement officials or judicial district drug task force members shall be used for law enforcement purposes, sold, or destroyed. (2) No weapon seized by law enforcement officials or judicial district drug task force members shall be used for any personal use. (i) Notwithstanding this section, if the chief of police, sheriff, director of the judicial district drug task force, commissioner of safety, or director of the Tennessee bureau of investigation, depending upon who confiscated or obtained the weapon, certifies to the court that a weapon is inoperable or unsafe, then the court shall order the weapon: (1) Destroyed or recycled; or (2) Transferred to a museum or historical society that displays such items to the public and is lawfully eligible to receive the weapon. (j) A violation of this section is a Class B misdemeanor. (k) Nothing in this section shall authorize the purchase of any weapon, the possession of which is otherwise prohibited by law. (l) (1) The commissioner of safety, the director of the Tennessee bureau of investigation, the executive director of the Tennessee alcoholic beverage commission, the executive head of any local law enforcement agency, or the director of a judicial district drug task force may petition the criminal court or the court in the official's county having criminal jurisdiction for permission to exchange firearms that have previously been properly titled, as specified by this section, to the law enforcement agency or the drug task force for other firearms, ammunition, body armor, or equipment suitable for use for legitimate law enforcement purposes by the law enforcement agency or drug task force. (2) The exchange of firearms for the specified items used for legitimate law enforcement purposes is permitted only between the department of safety, the director of the Tennessee bureau of investigation, the executive director of the Tennessee alcoholic beverage commission, a local law enforcement agency, a judicial district drug task force, and a licensed and qualified law enforcement firearms dealer. (3) No firearm obtained by a law enforcement agency through a buyback program shall be eligible to be exchanged under this subsection ( l ). Amended by 2021 Tenn. Acts, ch. 166, s 1, eff. 7/1/2021. Amended by 2015 Tenn. Acts, ch. 408, s 1, eff. 7/1/2015. Acts 1989, ch. 591, § 1; 1991, ch. 111, §§ 1-6; 1992, ch. 734, §§ 1-5; 2006, ch. 798, § 2; 2009 , ch. 116, § 1; 2010 , ch. 629, §§ 1-11; 2011 , ch. 159, § 1.
(a) (1) Any weapon that is possessed, used, or sold in violation of the law shall be confiscated by a law enforcement officer and declared to be contraband by a court of record exercising criminal jurisdiction. (2) (A) The sheriff or chief of police for the jurisdiction where the weapon was confiscated may petition the court for permission to dispose of the weapon in accordance with this section. (B) If the weapon was confiscated by a judicial district drug task force, then the director of the task force where the weapon was confiscated may petition the court for disposal of the weapon in accordance with this section. (C) If the weapon was confiscated by the department of safety, then the commissioner of safety may petition the court for disposal of the weapon in accordance with this section. (D) If the weapon was confiscated by the Tennessee bureau of investigation, then the director may petition the court for disposal of the weapon in accordance with this section.
(1) Any weapon that is possessed, used, or sold in violation of the law shall be confiscated by a law enforcement officer and declared to be contraband by a court of record exercising criminal jurisdiction.
(2) (A) The sheriff or chief of police for the jurisdiction where the weapon was confiscated may petition the court for permission to dispose of the weapon in accordance with this section. (B) If the weapon was confiscated by a judicial district drug task force, then the director of the task force where the weapon was confiscated may petition the court for disposal of the weapon in accordance with this section. (C) If the weapon was confiscated by the department of safety, then the commissioner of safety may petition the court for disposal of the weapon in accordance with this section. (D) If the weapon was confiscated by the Tennessee bureau of investigation, then the director may petition the court for disposal of the weapon in accordance with this section.
(A) The sheriff or chief of police for the jurisdiction where the weapon was confiscated may petition the court for permission to dispose of the weapon in accordance with this section.
(B) If the weapon was confiscated by a judicial district drug task force, then the director of the task force where the weapon was confiscated may petition the court for disposal of the weapon in accordance with this section.
(C) If the weapon was confiscated by the department of safety, then the commissioner of safety may petition the court for disposal of the weapon in accordance with this section.
(D) If the weapon was confiscated by the Tennessee bureau of investigation, then the director may petition the court for disposal of the weapon in accordance with this section.
(b) Any weapon declared contraband, secured by a law enforcement officer or agency after being abandoned, voluntarily surrendered to a law enforcement officer or agency, or obtained by a law enforcement agency, including through a buyback program, shall be, pursuant to a written order of the court: (1) Sold in a public sale; (2) Used for legitimate law enforcement purposes, at the discretion of the court; or (3) Relinquished in accordance with subsection (i).
(1) Sold in a public sale;
(2) Used for legitimate law enforcement purposes, at the discretion of the court; or
(3) Relinquished in accordance with subsection (i).
(c) If the weapon was confiscated, or obtained after being abandoned and secured, after being voluntarily surrendered, or through a buyback program, by a local law enforcement agency or a judicial district drug task force and if the court orders the weapon to be sold, then: (1) It shall be sold at a public auction not later than six (6) months from the date of the court order. The sale shall be conducted by the sheriff of the county or the chief of police of the municipality in which it was seized or obtained; (2) The proceeds from the sale shall be deposited in the county or municipal general fund and allocated solely for law enforcement purposes; (3) The sale shall be advertised: (A) In a daily or weekly newspaper circulated within the county. The advertisement shall run for not less than three (3) editions and not less than thirty (30) days prior to the sale; or (B) By posting the sale on a website maintained by the state or a political subdivision of the state not less than thirty (30) days prior to the sale; and (4) If required by federal or state law, then the sale can be conducted under contract with a licensed firearm dealer, whose commission shall not exceed twenty percent (20%) of the gross sales price. However, the dealer shall not hold any elective or appointed position within the federal, state, or local government in this state during any stage of the sales contract.
(1) It shall be sold at a public auction not later than six (6) months from the date of the court order. The sale shall be conducted by the sheriff of the county or the chief of police of the municipality in which it was seized or obtained;
(2) The proceeds from the sale shall be deposited in the county or municipal general fund and allocated solely for law enforcement purposes;
(3) The sale shall be advertised: (A) In a daily or weekly newspaper circulated within the county. The advertisement shall run for not less than three (3) editions and not less than thirty (30) days prior to the sale; or (B) By posting the sale on a website maintained by the state or a political subdivision of the state not less than thirty (30) days prior to the sale; and
(A) In a daily or weekly newspaper circulated within the county. The advertisement shall run for not less than three (3) editions and not less than thirty (30) days prior to the sale; or
(B) By posting the sale on a website maintained by the state or a political subdivision of the state not less than thirty (30) days prior to the sale; and
(4) If required by federal or state law, then the sale can be conducted under contract with a licensed firearm dealer, whose commission shall not exceed twenty percent (20%) of the gross sales price. However, the dealer shall not hold any elective or appointed position within the federal, state, or local government in this state during any stage of the sales contract.
(d) If the weapon was confiscated, or obtained after being abandoned and secured, after being voluntarily surrendered, or through a buyback program, by the department of safety or the Tennessee bureau of investigation and if the court orders it to be sold, then it shall be turned over to the department of general services, which shall sell the weapon and dispose of the proceeds of the sale in the same manner as it currently does for other confiscated weapons.
(e) If the court orders the weapon to be retained and used for legitimate law enforcement purposes, then: (1) Title to the weapon shall be placed in the law enforcement agency or judicial district drug task force retaining the weapon; and (2) When the weapon is no longer needed for legitimate law enforcement purposes, it shall be sold in accordance with this section.
(1) Title to the weapon shall be placed in the law enforcement agency or judicial district drug task force retaining the weapon; and
(2) When the weapon is no longer needed for legitimate law enforcement purposes, it shall be sold in accordance with this section.
(f) If the weapon is sold, then the commissioner of safety or the director of the Tennessee bureau of investigation, the sheriff, chief of police, or director of the judicial district drug task force shall file an affidavit with the court issuing the sale order. The affidavit shall: (1) Be filed within thirty (30) days after the sale; (2) Identify the weapon, including any serial number, and shall state the time, date, and circumstances of the sale; and (3) List the name and address of the purchaser and the price paid for the weapon.
(1) Be filed within thirty (30) days after the sale;
(2) Identify the weapon, including any serial number, and shall state the time, date, and circumstances of the sale; and
(3) List the name and address of the purchaser and the price paid for the weapon.
(g) Notwithstanding any other provisions of this section: (1) A weapon that may be evidence in an official proceeding shall be retained or otherwise preserved in accordance with the rules or practices regulating the preservation of evidence. The weapon shall be sold or retained for legitimate law enforcement purposes not less than sixty (60) days nor more than one hundred eighty (180) days after the last legal proceeding involving the weapon; provided, that the requirements of subdivision (g)(2) have been met; and (2) A law enforcement agency possessing a weapon declared contraband, retained as evidence in an official proceeding, secured after being abandoned, or surrendered by someone other than the owner shall use best efforts to determine whether the weapon has been lost by or stolen or borrowed from an innocent owner, and if so, the agency shall return the weapon to the owner, if ascertainable, unless that person is ineligible to possess, receive, or purchase such weapon under state or federal law.
(1) A weapon that may be evidence in an official proceeding shall be retained or otherwise preserved in accordance with the rules or practices regulating the preservation of evidence. The weapon shall be sold or retained for legitimate law enforcement purposes not less than sixty (60) days nor more than one hundred eighty (180) days after the last legal proceeding involving the weapon; provided, that the requirements of subdivision (g)(2) have been met; and
(2) A law enforcement agency possessing a weapon declared contraband, retained as evidence in an official proceeding, secured after being abandoned, or surrendered by someone other than the owner shall use best efforts to determine whether the weapon has been lost by or stolen or borrowed from an innocent owner, and if so, the agency shall return the weapon to the owner, if ascertainable, unless that person is ineligible to possess, receive, or purchase such weapon under state or federal law.
(h) (1) Except in accordance with this section, no weapon seized by law enforcement officials or judicial district drug task force members shall be used for law enforcement purposes, sold, or destroyed. (2) No weapon seized by law enforcement officials or judicial district drug task force members shall be used for any personal use.
(1) Except in accordance with this section, no weapon seized by law enforcement officials or judicial district drug task force members shall be used for law enforcement purposes, sold, or destroyed.
(2) No weapon seized by law enforcement officials or judicial district drug task force members shall be used for any personal use.
(i) Notwithstanding this section, if the chief of police, sheriff, director of the judicial district drug task force, commissioner of safety, or director of the Tennessee bureau of investigation, depending upon who confiscated or obtained the weapon, certifies to the court that a weapon is inoperable or unsafe, then the court shall order the weapon: (1) Destroyed or recycled; or (2) Transferred to a museum or historical society that displays such items to the public and is lawfully eligible to receive the weapon.
(1) Destroyed or recycled; or
(2) Transferred to a museum or historical society that displays such items to the public and is lawfully eligible to receive the weapon.
(j) A violation of this section is a Class B misdemeanor.
(k) Nothing in this section shall authorize the purchase of any weapon, the possession of which is otherwise prohibited by law.
(l) (1) The commissioner of safety, the director of the Tennessee bureau of investigation, the executive director of the Tennessee alcoholic beverage commission, the executive head of any local law enforcement agency, or the director of a judicial district drug task force may petition the criminal court or the court in the official's county having criminal jurisdiction for permission to exchange firearms that have previously been properly titled, as specified by this section, to the law enforcement agency or the drug task force for other firearms, ammunition, body armor, or equipment suitable for use for legitimate law enforcement purposes by the law enforcement agency or drug task force. (2) The exchange of firearms for the specified items used for legitimate law enforcement purposes is permitted only between the department of safety, the director of the Tennessee bureau of investigation, the executive director of the Tennessee alcoholic beverage commission, a local law enforcement agency, a judicial district drug task force, and a licensed and qualified law enforcement firearms dealer. (3) No firearm obtained by a law enforcement agency through a buyback program shall be eligible to be exchanged under this subsection ( l ).
(1) The commissioner of safety, the director of the Tennessee bureau of investigation, the executive director of the Tennessee alcoholic beverage commission, the executive head of any local law enforcement agency, or the director of a judicial district drug task force may petition the criminal court or the court in the official's county having criminal jurisdiction for permission to exchange firearms that have previously been properly titled, as specified by this section, to the law enforcement agency or the drug task force for other firearms, ammunition, body armor, or equipment suitable for use for legitimate law enforcement purposes by the law enforcement agency or drug task force.
(2) The exchange of firearms for the specified items used for legitimate law enforcement purposes is permitted only between the department of safety, the director of the Tennessee bureau of investigation, the executive director of the Tennessee alcoholic beverage commission, a local law enforcement agency, a judicial district drug task force, and a licensed and qualified law enforcement firearms dealer.
(3) No firearm obtained by a law enforcement agency through a buyback program shall be eligible to be exchanged under this subsection ( l ).
Amended by 2021 Tenn. Acts, ch. 166, s 1, eff. 7/1/2021.
Amended by 2015 Tenn. Acts, ch. 408, s 1, eff. 7/1/2015.
Acts 1989, ch. 591, § 1; 1991, ch. 111, §§ 1-6; 1992, ch. 734, §§ 1-5; 2006, ch. 798, § 2; 2009 , ch. 116, § 1; 2010 , ch. 629, §§ 1-11; 2011 , ch. 159, § 1.