Tenn. Code Ann. § 39-13-902 — TN Code / Title 39 / Chapter 13 / Section 39-13-902
Lawful capture of images - Use for lawful purposes - Retention of image captured for purpose of damage assessment
Status: in_force

(a) Notwithstanding § 39-13-903 , it is lawful to capture an image using an unmanned aircraft in this state: (1) For purposes of professional or scholarly research and development by a person acting on behalf of an institution of higher education, as defined by § 49-7-802 , including a person who: (A) Is a professor, employee, or student of the institution; or (B) Is under contract with or otherwise acting under the direction or on behalf of the institution; (2) In airspace designated as a test site or range authorized by the federal aviation administration for the purpose of integrating unmanned aircraft systems into the national airspace; (3) As part of an authorized operation, exercise, or mission of any branch of the United States military, consistent with the Constitution of the United States; (4) If the image is captured for the purposes of mapping; provided, the image of any person or thing on private property captured in the course of mapping shall be subject to § 39-13-905 as an image captured incidental to the lawful capturing of an image; (5) If the image is captured for the practice of land surveying, as defined in § 62-18-102 , by a duly registered land surveyor, pursuant to title 62, chapter 18, part 1; provided, the image of any person or thing on private property captured in the course of land surveying shall be subject to § 39-13-905 as an image captured incident to the lawful capturing of an image; (6) If the image is captured by or for an electric or natural gas utility: (A) For operations and maintenance of utility facilities for the purpose of maintaining utility system reliability and integrity; (B) For inspecting utility facilities to determine repair, maintenance, or replacement needs during and after construction of such facilities; (C) For assessing vegetation growth for the purpose of maintaining clearances on utility easements; or (D) For utility facility routing and siting for the purpose of providing utility service; (7) With the consent of the individual who owns or lawfully occupies the real property captured in the image; (8) For law enforcement purposes, as permitted by § 39-13-609 ; (9) If the image is captured by state or local law enforcement authorities, or a person who is under contract with or otherwise acting under the direction or on behalf of state authorities, for the purpose of: (A) Surveying the scene of a catastrophe or other damage to determine whether a state of emergency should be declared; (B) Preserving public safety, protecting property, or surveying damage or contamination during a lawfully declared state of emergency; or (C) Conducting routine air quality sampling and monitoring, as provided by state or local law; (10) At the scene of a spill, or a suspected spill, of hazardous materials; (11) For the purpose of fire suppression; (12) For the purpose of rescuing a person whose life or well-being is in imminent danger; (13) If the image is captured by a Tennessee licensed real estate broker in connection with the marketing, sale, or financing of real property, provided that no individual is identifiable in the image; (14) Of public real property or a person on that property; (15) If the image is captured by the owner, operator or agent, or a person under contract with the owner, operator or agent, of an oil, gas, water, or other pipeline for the purpose of inspecting, maintaining, or repairing pipelines or other related facilities, and is captured without the intent to conduct surveillance on an individual or real property located in this state; (16) In connection with oil and gas pipeline and well safety and protection; (17) In connection with port authority surveillance and security; (18) As authorized or permitted by the federal aviation administration for use in a motion picture, television or similar production where the filming is authorized by the property owner and a state or local film permit agency, if required; (19) As a part of a commercial service that has received authorization from the federal aviation administration to use unmanned aircraft or an unmanned aircraft operating under regulations promulgated by the federal aviation administration for commercial use of unmanned aircraft; (20) If the image is captured by the department of transportation, or a person under contract with or otherwise acting under the direction of or on behalf of the department of transportation, for the purpose of planning, locating, designing, constructing, maintaining, or operating transportation programs or projects; provided, the image of any person or thing on private property captured by or for the department of transportation pursuant to this subdivision (a)(20) shall be subject to § 39-13-905 as an image captured incident to the lawful capturing of an image; (21) If the image is captured for the practice of photogrammetric mapping by an individual who holds the "certified photogrammetrist" designation of the American Society for Photogrammetry and Remote Sensing or other national scientific organization having a process for certifying photogrammetrists; provided, the image of any person or thing on private property captured in the course of photogrammetric mapping shall be subject to § 39-13-905 as an image captured incident to the lawful capturing of an image; or (22) If the image is captured by the Tennessee emergency management agency, created in § 58-2-104 , for emergency management purposes, including surveying the scene of a catastrophe or other damage to determine whether a state of emergency should be declared, coordinating a disaster response, and conducting preliminary damage assessments of real property and infrastructure following a disaster. An image of a person or thing on private property captured by the Tennessee emergency management agency pursuant to this subdivision (a)(22) is deemed to be an image captured incidental to the lawful capturing of an image for purposes of § 39-13-905 . (b) An image captured for law enforcement purposes by a state or local law enforcement agency, or by a person who is under contract with or otherwise acting under the direction of or on behalf of such agency, shall be handled in accordance with § 39-13-609 and shall not be used for any purpose other than the lawful purpose for which the image was captured as permitted by this section. (c) An image captured pursuant to subdivision (a)(22) for the purpose of damage assessment may be retained by the Tennessee emergency management agency for no longer than one (1) year or, if the disaster is later declared a major disaster by the President of the United States, for the retention period required by the federal emergency management agency for data related to damage assessment. All images captured for any other purpose shall not be retained by the Tennessee emergency management agency for more than fifteen (15) business days. Amended by 2022 Tenn. Acts, ch. 922, Secs.s1, s2 eff. 4/27/2022. Amended by 2016 Tenn. Acts, ch. 900, Secs.s 2, s 3, s 4, s 5 eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 900, s 1, eff. 7/1/2016. Added by 2014 Tenn. Acts, ch. 876, s 3, eff. 7/1/2014.
(a) Notwithstanding § 39-13-903 , it is lawful to capture an image using an unmanned aircraft in this state: (1) For purposes of professional or scholarly research and development by a person acting on behalf of an institution of higher education, as defined by § 49-7-802 , including a person who: (A) Is a professor, employee, or student of the institution; or (B) Is under contract with or otherwise acting under the direction or on behalf of the institution; (2) In airspace designated as a test site or range authorized by the federal aviation administration for the purpose of integrating unmanned aircraft systems into the national airspace; (3) As part of an authorized operation, exercise, or mission of any branch of the United States military, consistent with the Constitution of the United States; (4) If the image is captured for the purposes of mapping; provided, the image of any person or thing on private property captured in the course of mapping shall be subject to § 39-13-905 as an image captured incidental to the lawful capturing of an image; (5) If the image is captured for the practice of land surveying, as defined in § 62-18-102 , by a duly registered land surveyor, pursuant to title 62, chapter 18, part 1; provided, the image of any person or thing on private property captured in the course of land surveying shall be subject to § 39-13-905 as an image captured incident to the lawful capturing of an image; (6) If the image is captured by or for an electric or natural gas utility: (A) For operations and maintenance of utility facilities for the purpose of maintaining utility system reliability and integrity; (B) For inspecting utility facilities to determine repair, maintenance, or replacement needs during and after construction of such facilities; (C) For assessing vegetation growth for the purpose of maintaining clearances on utility easements; or (D) For utility facility routing and siting for the purpose of providing utility service; (7) With the consent of the individual who owns or lawfully occupies the real property captured in the image; (8) For law enforcement purposes, as permitted by § 39-13-609 ; (9) If the image is captured by state or local law enforcement authorities, or a person who is under contract with or otherwise acting under the direction or on behalf of state authorities, for the purpose of: (A) Surveying the scene of a catastrophe or other damage to determine whether a state of emergency should be declared; (B) Preserving public safety, protecting property, or surveying damage or contamination during a lawfully declared state of emergency; or (C) Conducting routine air quality sampling and monitoring, as provided by state or local law; (10) At the scene of a spill, or a suspected spill, of hazardous materials; (11) For the purpose of fire suppression; (12) For the purpose of rescuing a person whose life or well-being is in imminent danger; (13) If the image is captured by a Tennessee licensed real estate broker in connection with the marketing, sale, or financing of real property, provided that no individual is identifiable in the image; (14) Of public real property or a person on that property; (15) If the image is captured by the owner, operator or agent, or a person under contract with the owner, operator or agent, of an oil, gas, water, or other pipeline for the purpose of inspecting, maintaining, or repairing pipelines or other related facilities, and is captured without the intent to conduct surveillance on an individual or real property located in this state; (16) In connection with oil and gas pipeline and well safety and protection; (17) In connection with port authority surveillance and security; (18) As authorized or permitted by the federal aviation administration for use in a motion picture, television or similar production where the filming is authorized by the property owner and a state or local film permit agency, if required; (19) As a part of a commercial service that has received authorization from the federal aviation administration to use unmanned aircraft or an unmanned aircraft operating under regulations promulgated by the federal aviation administration for commercial use of unmanned aircraft; (20) If the image is captured by the department of transportation, or a person under contract with or otherwise acting under the direction of or on behalf of the department of transportation, for the purpose of planning, locating, designing, constructing, maintaining, or operating transportation programs or projects; provided, the image of any person or thing on private property captured by or for the department of transportation pursuant to this subdivision (a)(20) shall be subject to § 39-13-905 as an image captured incident to the lawful capturing of an image; (21) If the image is captured for the practice of photogrammetric mapping by an individual who holds the "certified photogrammetrist" designation of the American Society for Photogrammetry and Remote Sensing or other national scientific organization having a process for certifying photogrammetrists; provided, the image of any person or thing on private property captured in the course of photogrammetric mapping shall be subject to § 39-13-905 as an image captured incident to the lawful capturing of an image; or (22) If the image is captured by the Tennessee emergency management agency, created in § 58-2-104 , for emergency management purposes, including surveying the scene of a catastrophe or other damage to determine whether a state of emergency should be declared, coordinating a disaster response, and conducting preliminary damage assessments of real property and infrastructure following a disaster. An image of a person or thing on private property captured by the Tennessee emergency management agency pursuant to this subdivision (a)(22) is deemed to be an image captured incidental to the lawful capturing of an image for purposes of § 39-13-905 .
(1) For purposes of professional or scholarly research and development by a person acting on behalf of an institution of higher education, as defined by § 49-7-802 , including a person who: (A) Is a professor, employee, or student of the institution; or (B) Is under contract with or otherwise acting under the direction or on behalf of the institution;
(A) Is a professor, employee, or student of the institution; or
(B) Is under contract with or otherwise acting under the direction or on behalf of the institution;
(2) In airspace designated as a test site or range authorized by the federal aviation administration for the purpose of integrating unmanned aircraft systems into the national airspace;
(3) As part of an authorized operation, exercise, or mission of any branch of the United States military, consistent with the Constitution of the United States;
(4) If the image is captured for the purposes of mapping; provided, the image of any person or thing on private property captured in the course of mapping shall be subject to § 39-13-905 as an image captured incidental to the lawful capturing of an image;
(5) If the image is captured for the practice of land surveying, as defined in § 62-18-102 , by a duly registered land surveyor, pursuant to title 62, chapter 18, part 1; provided, the image of any person or thing on private property captured in the course of land surveying shall be subject to § 39-13-905 as an image captured incident to the lawful capturing of an image;
(6) If the image is captured by or for an electric or natural gas utility: (A) For operations and maintenance of utility facilities for the purpose of maintaining utility system reliability and integrity; (B) For inspecting utility facilities to determine repair, maintenance, or replacement needs during and after construction of such facilities; (C) For assessing vegetation growth for the purpose of maintaining clearances on utility easements; or (D) For utility facility routing and siting for the purpose of providing utility service;
(A) For operations and maintenance of utility facilities for the purpose of maintaining utility system reliability and integrity;
(B) For inspecting utility facilities to determine repair, maintenance, or replacement needs during and after construction of such facilities;
(C) For assessing vegetation growth for the purpose of maintaining clearances on utility easements; or
(D) For utility facility routing and siting for the purpose of providing utility service;
(7) With the consent of the individual who owns or lawfully occupies the real property captured in the image;
(8) For law enforcement purposes, as permitted by § 39-13-609 ;
(9) If the image is captured by state or local law enforcement authorities, or a person who is under contract with or otherwise acting under the direction or on behalf of state authorities, for the purpose of: (A) Surveying the scene of a catastrophe or other damage to determine whether a state of emergency should be declared; (B) Preserving public safety, protecting property, or surveying damage or contamination during a lawfully declared state of emergency; or (C) Conducting routine air quality sampling and monitoring, as provided by state or local law;
(A) Surveying the scene of a catastrophe or other damage to determine whether a state of emergency should be declared;
(B) Preserving public safety, protecting property, or surveying damage or contamination during a lawfully declared state of emergency; or
(C) Conducting routine air quality sampling and monitoring, as provided by state or local law;
(10) At the scene of a spill, or a suspected spill, of hazardous materials;
(11) For the purpose of fire suppression;
(12) For the purpose of rescuing a person whose life or well-being is in imminent danger;
(13) If the image is captured by a Tennessee licensed real estate broker in connection with the marketing, sale, or financing of real property, provided that no individual is identifiable in the image;
(14) Of public real property or a person on that property;
(15) If the image is captured by the owner, operator or agent, or a person under contract with the owner, operator or agent, of an oil, gas, water, or other pipeline for the purpose of inspecting, maintaining, or repairing pipelines or other related facilities, and is captured without the intent to conduct surveillance on an individual or real property located in this state;
(16) In connection with oil and gas pipeline and well safety and protection;
(17) In connection with port authority surveillance and security;
(18) As authorized or permitted by the federal aviation administration for use in a motion picture, television or similar production where the filming is authorized by the property owner and a state or local film permit agency, if required;
(19) As a part of a commercial service that has received authorization from the federal aviation administration to use unmanned aircraft or an unmanned aircraft operating under regulations promulgated by the federal aviation administration for commercial use of unmanned aircraft;
(20) If the image is captured by the department of transportation, or a person under contract with or otherwise acting under the direction of or on behalf of the department of transportation, for the purpose of planning, locating, designing, constructing, maintaining, or operating transportation programs or projects; provided, the image of any person or thing on private property captured by or for the department of transportation pursuant to this subdivision (a)(20) shall be subject to § 39-13-905 as an image captured incident to the lawful capturing of an image;
(21) If the image is captured for the practice of photogrammetric mapping by an individual who holds the "certified photogrammetrist" designation of the American Society for Photogrammetry and Remote Sensing or other national scientific organization having a process for certifying photogrammetrists; provided, the image of any person or thing on private property captured in the course of photogrammetric mapping shall be subject to § 39-13-905 as an image captured incident to the lawful capturing of an image; or
(22) If the image is captured by the Tennessee emergency management agency, created in § 58-2-104 , for emergency management purposes, including surveying the scene of a catastrophe or other damage to determine whether a state of emergency should be declared, coordinating a disaster response, and conducting preliminary damage assessments of real property and infrastructure following a disaster. An image of a person or thing on private property captured by the Tennessee emergency management agency pursuant to this subdivision (a)(22) is deemed to be an image captured incidental to the lawful capturing of an image for purposes of § 39-13-905 .
(b) An image captured for law enforcement purposes by a state or local law enforcement agency, or by a person who is under contract with or otherwise acting under the direction of or on behalf of such agency, shall be handled in accordance with § 39-13-609 and shall not be used for any purpose other than the lawful purpose for which the image was captured as permitted by this section.
(c) An image captured pursuant to subdivision (a)(22) for the purpose of damage assessment may be retained by the Tennessee emergency management agency for no longer than one (1) year or, if the disaster is later declared a major disaster by the President of the United States, for the retention period required by the federal emergency management agency for data related to damage assessment. All images captured for any other purpose shall not be retained by the Tennessee emergency management agency for more than fifteen (15) business days.
Amended by 2022 Tenn. Acts, ch. 922, Secs.s1, s2 eff. 4/27/2022.
Amended by 2016 Tenn. Acts, ch. 900, Secs.s 2, s 3, s 4, s 5 eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 900, s 1, eff. 7/1/2016.
Added by 2014 Tenn. Acts, ch. 876, s 3, eff. 7/1/2014.
Tenn. Code Ann. § 39-14-215 — TN Code / Title 39 / Chapter 14 / Section 39-14-215
Limitation of liability
Status: in_force

(a) For purposes of this section: (1) "Animal control agency" means a county or municipal animal shelter, dog pound, or animal control agency, private humane society, state, county or municipal law enforcement agency, or any combination thereof, that temporarily houses stray, unwanted or injured animals; (2) "Emergency" means a natural disaster, including earthquake, fire, flood, or storm; a hazardous chemical or substance incident; a vehicular collision with an animal, or other transportation accident where an animal is injured or in need of assistance to protect its health or life; (3) "Emergency care" means medical and other health treatment, services, or accommodations that are provided to an injured or ill animal for a medical condition or injury of such a nature that the failure to render immediate care would reasonably likely result in the deterioration of a sick or injured animal's condition or in the animal's death; (4) "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, goats, and poultry; (5) "Non-livestock animal" means a pet normally maintained in or near the household or households of its owner or owners, other domesticated animal, previously captured wildlife, an exotic animal, or any other pet, including, but not limited to, pet rabbits, a pet chick, duck, or pot-bellied pig that is not classified as "livestock" pursuant to this part; (6) "Running at large" means that a non-livestock animal goes uncontrolled by the animal's owner upon the premises of another without the consent of the owner of the premises, or other person authorized to give consent, or goes uncontrolled by the owner upon a highway, public road, street, or any other place open to the public generally; and (7) "Stray animal" means that a non-livestock animal is roaming with no physical restraint without an identification tag, collar, or chip and that has no record of ownership. (b) (1) Any person who in good faith and without compensation for services provides, renders, or obtains emergency care for a non-livestock animal that is running at large, abandoned, injured or in distress due to an emergency, or for a stray non-livestock animal, shall not be subject to civil liability for any injuries or harm to such animal resulting from the rendering or obtaining of emergency care, or any act or failure to act to provide or arrange for further emergency care for such animal, if such person's actions do not constitute malice, gross negligence, or criminal misconduct. (2) (A) If a person fails to take reasonable steps to locate the owner of such animal prior to rendering or obtaining emergency care, then subdivision (b)(1) shall not apply. (B) Taking reasonable steps to locate the owner of such animal includes: (i) Attempting to contact the owner using any notification information located on the animal's identification tag, collar, or chip within forty-eight (48) hours of the time that the person takes custody of the animal or, if the animal is taken into custody on a Friday, within two (2) business days of the date that the person takes custody of the animal; and (ii) (a) Providing notice to an appropriate animal shelter, dog pound, animal control agency or humane shelter operated by the municipality, county, or other governmental agency located where the person resides that the animal is in the custody of the person. The person shall also notify an appropriate shelter in the location where the person took custody of the animal, if the location is outside of the municipality or county where the person resides. (b) The person shall give to the shelter or shelters such person's contact information. (C) This subdivision (b)(2) shall not apply if the animal is determined by a licensed veterinarian to: (i) Need immediate emergency care to alleviate pain or save the life of the animal; or (ii) Exhibit visible signs of recent abuse as described in § 39-14-202 . (c) Notwithstanding § 63-12-142 , a licensed veterinarian, or ancillary veterinary personnel employed by and working under the direct supervision of a licensed veterinarian, who, in good faith, at the request of someone other than the owner renders: (1) Emergency care to an ill or injured non-livestock animal is not liable to the owner of the animal for any civil damages arising from the treatment provided to the animal except in cases of malice, gross negligence, or criminal misconduct; or (2) Treatment other than emergency care to a non-livestock animal is not liable to the owner of the animal for any civil damages arising from the treatment provided to the animal except in cases of malice, gross negligence, or criminal misconduct, only if the person requesting the treatment certifies in writing to the veterinarian, or ancillary veterinary personnel, that such person has taken reasonable steps to locate the owner as provided in subdivision (b)(2). (d) An animal control agency or an employee of an animal control agency acting within the scope of such employment, who, in good faith, takes into its custody and cares for a stray or abandoned non-livestock animal, or a non-livestock animal running at large for which reasonable steps to locate the owner of such animal are taken, that has been delivered to such agency or employee by an individual or group of individuals not affiliated with the agency, shall not be subject to civil liability for its care of such animal if the agency or employee's actions do not constitute malice, gross negligence or criminal misconduct. (e) Except as provided in subsection (c), this section shall not in any way limit the application of, or supersede, § 44-17-203 , § 44-17-403(e) or § 63-12-142 . Amended by 2017 Tenn. Acts, ch. 206,s 2, eff. 4/27/2017. Acts 2010, ch. 775, § 1.
(a) For purposes of this section: (1) "Animal control agency" means a county or municipal animal shelter, dog pound, or animal control agency, private humane society, state, county or municipal law enforcement agency, or any combination thereof, that temporarily houses stray, unwanted or injured animals; (2) "Emergency" means a natural disaster, including earthquake, fire, flood, or storm; a hazardous chemical or substance incident; a vehicular collision with an animal, or other transportation accident where an animal is injured or in need of assistance to protect its health or life; (3) "Emergency care" means medical and other health treatment, services, or accommodations that are provided to an injured or ill animal for a medical condition or injury of such a nature that the failure to render immediate care would reasonably likely result in the deterioration of a sick or injured animal's condition or in the animal's death; (4) "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, goats, and poultry; (5) "Non-livestock animal" means a pet normally maintained in or near the household or households of its owner or owners, other domesticated animal, previously captured wildlife, an exotic animal, or any other pet, including, but not limited to, pet rabbits, a pet chick, duck, or pot-bellied pig that is not classified as "livestock" pursuant to this part; (6) "Running at large" means that a non-livestock animal goes uncontrolled by the animal's owner upon the premises of another without the consent of the owner of the premises, or other person authorized to give consent, or goes uncontrolled by the owner upon a highway, public road, street, or any other place open to the public generally; and (7) "Stray animal" means that a non-livestock animal is roaming with no physical restraint without an identification tag, collar, or chip and that has no record of ownership.
(1) "Animal control agency" means a county or municipal animal shelter, dog pound, or animal control agency, private humane society, state, county or municipal law enforcement agency, or any combination thereof, that temporarily houses stray, unwanted or injured animals;
(2) "Emergency" means a natural disaster, including earthquake, fire, flood, or storm; a hazardous chemical or substance incident; a vehicular collision with an animal, or other transportation accident where an animal is injured or in need of assistance to protect its health or life;
(3) "Emergency care" means medical and other health treatment, services, or accommodations that are provided to an injured or ill animal for a medical condition or injury of such a nature that the failure to render immediate care would reasonably likely result in the deterioration of a sick or injured animal's condition or in the animal's death;
(4) "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, goats, and poultry;
(5) "Non-livestock animal" means a pet normally maintained in or near the household or households of its owner or owners, other domesticated animal, previously captured wildlife, an exotic animal, or any other pet, including, but not limited to, pet rabbits, a pet chick, duck, or pot-bellied pig that is not classified as "livestock" pursuant to this part;
(6) "Running at large" means that a non-livestock animal goes uncontrolled by the animal's owner upon the premises of another without the consent of the owner of the premises, or other person authorized to give consent, or goes uncontrolled by the owner upon a highway, public road, street, or any other place open to the public generally; and
(7) "Stray animal" means that a non-livestock animal is roaming with no physical restraint without an identification tag, collar, or chip and that has no record of ownership.
(b) (1) Any person who in good faith and without compensation for services provides, renders, or obtains emergency care for a non-livestock animal that is running at large, abandoned, injured or in distress due to an emergency, or for a stray non-livestock animal, shall not be subject to civil liability for any injuries or harm to such animal resulting from the rendering or obtaining of emergency care, or any act or failure to act to provide or arrange for further emergency care for such animal, if such person's actions do not constitute malice, gross negligence, or criminal misconduct. (2) (A) If a person fails to take reasonable steps to locate the owner of such animal prior to rendering or obtaining emergency care, then subdivision (b)(1) shall not apply. (B) Taking reasonable steps to locate the owner of such animal includes: (i) Attempting to contact the owner using any notification information located on the animal's identification tag, collar, or chip within forty-eight (48) hours of the time that the person takes custody of the animal or, if the animal is taken into custody on a Friday, within two (2) business days of the date that the person takes custody of the animal; and (ii) (a) Providing notice to an appropriate animal shelter, dog pound, animal control agency or humane shelter operated by the municipality, county, or other governmental agency located where the person resides that the animal is in the custody of the person. The person shall also notify an appropriate shelter in the location where the person took custody of the animal, if the location is outside of the municipality or county where the person resides. (b) The person shall give to the shelter or shelters such person's contact information. (C) This subdivision (b)(2) shall not apply if the animal is determined by a licensed veterinarian to: (i) Need immediate emergency care to alleviate pain or save the life of the animal; or (ii) Exhibit visible signs of recent abuse as described in § 39-14-202 .
(1) Any person who in good faith and without compensation for services provides, renders, or obtains emergency care for a non-livestock animal that is running at large, abandoned, injured or in distress due to an emergency, or for a stray non-livestock animal, shall not be subject to civil liability for any injuries or harm to such animal resulting from the rendering or obtaining of emergency care, or any act or failure to act to provide or arrange for further emergency care for such animal, if such person's actions do not constitute malice, gross negligence, or criminal misconduct.
(2) (A) If a person fails to take reasonable steps to locate the owner of such animal prior to rendering or obtaining emergency care, then subdivision (b)(1) shall not apply. (B) Taking reasonable steps to locate the owner of such animal includes: (i) Attempting to contact the owner using any notification information located on the animal's identification tag, collar, or chip within forty-eight (48) hours of the time that the person takes custody of the animal or, if the animal is taken into custody on a Friday, within two (2) business days of the date that the person takes custody of the animal; and (ii) (a) Providing notice to an appropriate animal shelter, dog pound, animal control agency or humane shelter operated by the municipality, county, or other governmental agency located where the person resides that the animal is in the custody of the person. The person shall also notify an appropriate shelter in the location where the person took custody of the animal, if the location is outside of the municipality or county where the person resides. (b) The person shall give to the shelter or shelters such person's contact information. (C) This subdivision (b)(2) shall not apply if the animal is determined by a licensed veterinarian to: (i) Need immediate emergency care to alleviate pain or save the life of the animal; or (ii) Exhibit visible signs of recent abuse as described in § 39-14-202 .
(A) If a person fails to take reasonable steps to locate the owner of such animal prior to rendering or obtaining emergency care, then subdivision (b)(1) shall not apply.
(B) Taking reasonable steps to locate the owner of such animal includes: (i) Attempting to contact the owner using any notification information located on the animal's identification tag, collar, or chip within forty-eight (48) hours of the time that the person takes custody of the animal or, if the animal is taken into custody on a Friday, within two (2) business days of the date that the person takes custody of the animal; and (ii) (a) Providing notice to an appropriate animal shelter, dog pound, animal control agency or humane shelter operated by the municipality, county, or other governmental agency located where the person resides that the animal is in the custody of the person. The person shall also notify an appropriate shelter in the location where the person took custody of the animal, if the location is outside of the municipality or county where the person resides. (b) The person shall give to the shelter or shelters such person's contact information.
(i) Attempting to contact the owner using any notification information located on the animal's identification tag, collar, or chip within forty-eight (48) hours of the time that the person takes custody of the animal or, if the animal is taken into custody on a Friday, within two (2) business days of the date that the person takes custody of the animal; and
(ii) (a) Providing notice to an appropriate animal shelter, dog pound, animal control agency or humane shelter operated by the municipality, county, or other governmental agency located where the person resides that the animal is in the custody of the person. The person shall also notify an appropriate shelter in the location where the person took custody of the animal, if the location is outside of the municipality or county where the person resides. (b) The person shall give to the shelter or shelters such person's contact information.
(a) Providing notice to an appropriate animal shelter, dog pound, animal control agency or humane shelter operated by the municipality, county, or other governmental agency located where the person resides that the animal is in the custody of the person. The person shall also notify an appropriate shelter in the location where the person took custody of the animal, if the location is outside of the municipality or county where the person resides.
(b) The person shall give to the shelter or shelters such person's contact information.
(C) This subdivision (b)(2) shall not apply if the animal is determined by a licensed veterinarian to: (i) Need immediate emergency care to alleviate pain or save the life of the animal; or (ii) Exhibit visible signs of recent abuse as described in § 39-14-202 .
(i) Need immediate emergency care to alleviate pain or save the life of the animal; or
(ii) Exhibit visible signs of recent abuse as described in § 39-14-202 .
(c) Notwithstanding § 63-12-142 , a licensed veterinarian, or ancillary veterinary personnel employed by and working under the direct supervision of a licensed veterinarian, who, in good faith, at the request of someone other than the owner renders: (1) Emergency care to an ill or injured non-livestock animal is not liable to the owner of the animal for any civil damages arising from the treatment provided to the animal except in cases of malice, gross negligence, or criminal misconduct; or (2) Treatment other than emergency care to a non-livestock animal is not liable to the owner of the animal for any civil damages arising from the treatment provided to the animal except in cases of malice, gross negligence, or criminal misconduct, only if the person requesting the treatment certifies in writing to the veterinarian, or ancillary veterinary personnel, that such person has taken reasonable steps to locate the owner as provided in subdivision (b)(2).
(1) Emergency care to an ill or injured non-livestock animal is not liable to the owner of the animal for any civil damages arising from the treatment provided to the animal except in cases of malice, gross negligence, or criminal misconduct; or
(2) Treatment other than emergency care to a non-livestock animal is not liable to the owner of the animal for any civil damages arising from the treatment provided to the animal except in cases of malice, gross negligence, or criminal misconduct, only if the person requesting the treatment certifies in writing to the veterinarian, or ancillary veterinary personnel, that such person has taken reasonable steps to locate the owner as provided in subdivision (b)(2).
(d) An animal control agency or an employee of an animal control agency acting within the scope of such employment, who, in good faith, takes into its custody and cares for a stray or abandoned non-livestock animal, or a non-livestock animal running at large for which reasonable steps to locate the owner of such animal are taken, that has been delivered to such agency or employee by an individual or group of individuals not affiliated with the agency, shall not be subject to civil liability for its care of such animal if the agency or employee's actions do not constitute malice, gross negligence or criminal misconduct.
(e) Except as provided in subsection (c), this section shall not in any way limit the application of, or supersede, § 44-17-203 , § 44-17-403(e) or § 63-12-142 .
Amended by 2017 Tenn. Acts, ch. 206,s 2, eff. 4/27/2017.
Acts 2010, ch. 775, § 1.
Tenn. Code Ann. § 39-14-104 — TN Code / Title 39 / Chapter 14 / Section 39-14-104
Theft of services
Status: in_force

(a) A person commits theft of services who: (1) Intentionally obtains services by deception, fraud, coercion, forgery, false statement, false pretense or any other means to avoid payment for the services; (2) Having control over the disposition of services to others, knowingly diverts those services to the person's own benefit or to the benefit of another not entitled thereto; or (3) Knowingly absconds from establishments where compensation for services is ordinarily paid immediately upon the rendering of them, including, but not limited to, hotels, motels and restaurants, without payment or a bona fide offer to pay. (b) Any individual directly or indirectly harmed by a violation of subsection (a) shall have legal standing to report such violations to law enforcement and testify in support of corresponding criminal charges. Acts 1989, ch. 591, § 1; 2011, ch. 348, § 2.
(a) A person commits theft of services who: (1) Intentionally obtains services by deception, fraud, coercion, forgery, false statement, false pretense or any other means to avoid payment for the services; (2) Having control over the disposition of services to others, knowingly diverts those services to the person's own benefit or to the benefit of another not entitled thereto; or (3) Knowingly absconds from establishments where compensation for services is ordinarily paid immediately upon the rendering of them, including, but not limited to, hotels, motels and restaurants, without payment or a bona fide offer to pay.
(1) Intentionally obtains services by deception, fraud, coercion, forgery, false statement, false pretense or any other means to avoid payment for the services;
(2) Having control over the disposition of services to others, knowingly diverts those services to the person's own benefit or to the benefit of another not entitled thereto; or
(3) Knowingly absconds from establishments where compensation for services is ordinarily paid immediately upon the rendering of them, including, but not limited to, hotels, motels and restaurants, without payment or a bona fide offer to pay.
(b) Any individual directly or indirectly harmed by a violation of subsection (a) shall have legal standing to report such violations to law enforcement and testify in support of corresponding criminal charges.
Acts 1989, ch. 591, § 1; 2011, ch. 348, § 2.
Tenn. Code Ann. § 39-17-1604 — TN Code / Title 39 / Chapter 17 / Section 39-17-1604
Places where smoking and use of vapor products is prohibited
Status: in_force

Smoking or the use of vapor products is not permitted, and no person shall smoke or use vapor products, in the following places: (1) Child care centers; provided, that the prohibition of this section does not apply to child care services provided in a private home. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access. However, the child care center shall give written notification to the parent or legal guardian upon enrollment if the child care center has an indoor area designated for smoking or the use of vapor products; (2) Any room or area in a community center while the room or area is being used for children's activities; (3) Group care homes. Adults may smoke or use vapor products in any fully enclosed adult staff residential quarters contained within a group care home, but not in the presence of children who reside as clients in the group care home; (4) Healthcare facilities, excluding nursing home facilities. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access, and adults may be permitted to smoke or use vapor products outside the facility; (5) Museums, except when used after normal operating hours for private functions not attended by children. Adult staff members may be permitted to smoke or use vapor products while at work in designated smoking areas to which children are not allowed access; (6) All public and private kindergartens and elementary and secondary schools. Adult staff members may be permitted to smoke or use vapor products outdoors but not within one hundred feet (100') of any entrance to any building. Adults may also smoke or use vapor products in any fully enclosed adult staff residential quarters but not in the presence of children attending the school; (7) Residential treatment facilities for children and youth. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access; (8) Youth development centers and facilities. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access; (9) Zoos. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access; and (10) School grounds, including any public seating areas, such as bleachers used for sporting events, or public restrooms. Amended by 2019 Tenn. Acts, ch. 144,s 3, eff. 4/17/2019. Acts 1995, ch. 455, § 4; 2000, ch. 981, § 62.
Smoking or the use of vapor products is not permitted, and no person shall smoke or use vapor products, in the following places:
(1) Child care centers; provided, that the prohibition of this section does not apply to child care services provided in a private home. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access. However, the child care center shall give written notification to the parent or legal guardian upon enrollment if the child care center has an indoor area designated for smoking or the use of vapor products;
(2) Any room or area in a community center while the room or area is being used for children's activities;
(3) Group care homes. Adults may smoke or use vapor products in any fully enclosed adult staff residential quarters contained within a group care home, but not in the presence of children who reside as clients in the group care home;
(4) Healthcare facilities, excluding nursing home facilities. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access, and adults may be permitted to smoke or use vapor products outside the facility;
(5) Museums, except when used after normal operating hours for private functions not attended by children. Adult staff members may be permitted to smoke or use vapor products while at work in designated smoking areas to which children are not allowed access;
(6) All public and private kindergartens and elementary and secondary schools. Adult staff members may be permitted to smoke or use vapor products outdoors but not within one hundred feet (100') of any entrance to any building. Adults may also smoke or use vapor products in any fully enclosed adult staff residential quarters but not in the presence of children attending the school;
(7) Residential treatment facilities for children and youth. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access;
(8) Youth development centers and facilities. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access;
(9) Zoos. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access; and
(10) School grounds, including any public seating areas, such as bleachers used for sporting events, or public restrooms.
Amended by 2019 Tenn. Acts, ch. 144,s 3, eff. 4/17/2019.
Acts 1995, ch. 455, § 4; 2000, ch. 981, § 62.
Tenn. Code Ann. § 39-13-210 — TN Code / Title 39 / Chapter 13 / Section 39-13-210
Second degree murder
Status: in_force

(a) Second degree murder is: (1) A knowing killing of another; (2) A killing of another that results from the unlawful distribution of any Schedule I or Schedule II drug, when the drug is the proximate cause of the death of the user; or (3) A killing of another by unlawful distribution or unlawful delivery or unlawful dispensation of fentanyl or carfentanil, when those substances alone, or in combination with any substance scheduled as a controlled substance by the Tennessee Drug Control Act of 1989, compiled in chapter 17, part 4 of this title and in title 53, chapter 11, parts 3 and 4, including controlled substance analogs, is the proximate cause of the death of the user. (b) In a prosecution for a violation of this section, if the defendant knowingly engages in multiple incidents of domestic abuse, assault or the infliction of bodily injury against a single victim, the trier of fact may infer that the defendant was aware that the cumulative effect of the conduct was reasonably certain to result in the death of the victim, regardless of whether any single incident would have resulted in the death. (c) (1) Second degree murder is a Class A felony. (2) Notwithstanding the Tennessee Criminal Sentencing Reform Act of 1989, compiled in title 40, chapter 35, a person convicted of a violation of subdivision (a)(2) where the victim is a minor shall be punished from within one (1) range higher than the sentencing range otherwise appropriate for the person. Amended by 2018 Tenn. Acts, ch. 995,s 1, eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 934,s 2, eff. 7/1/2018. Acts 1989, ch. 591, § 1; T.C.A., § 39-13-206 ; Acts 1990, ch. 980, § 6; 1990, ch. 1038, § 4; 1995, ch. 460, § 2; 2006, ch. 967, § 2.
(a) Second degree murder is: (1) A knowing killing of another; (2) A killing of another that results from the unlawful distribution of any Schedule I or Schedule II drug, when the drug is the proximate cause of the death of the user; or (3) A killing of another by unlawful distribution or unlawful delivery or unlawful dispensation of fentanyl or carfentanil, when those substances alone, or in combination with any substance scheduled as a controlled substance by the Tennessee Drug Control Act of 1989, compiled in chapter 17, part 4 of this title and in title 53, chapter 11, parts 3 and 4, including controlled substance analogs, is the proximate cause of the death of the user.
(1) A knowing killing of another;
(2) A killing of another that results from the unlawful distribution of any Schedule I or Schedule II drug, when the drug is the proximate cause of the death of the user; or
(3) A killing of another by unlawful distribution or unlawful delivery or unlawful dispensation of fentanyl or carfentanil, when those substances alone, or in combination with any substance scheduled as a controlled substance by the Tennessee Drug Control Act of 1989, compiled in chapter 17, part 4 of this title and in title 53, chapter 11, parts 3 and 4, including controlled substance analogs, is the proximate cause of the death of the user.
(b) In a prosecution for a violation of this section, if the defendant knowingly engages in multiple incidents of domestic abuse, assault or the infliction of bodily injury against a single victim, the trier of fact may infer that the defendant was aware that the cumulative effect of the conduct was reasonably certain to result in the death of the victim, regardless of whether any single incident would have resulted in the death.
(c) (1) Second degree murder is a Class A felony. (2) Notwithstanding the Tennessee Criminal Sentencing Reform Act of 1989, compiled in title 40, chapter 35, a person convicted of a violation of subdivision (a)(2) where the victim is a minor shall be punished from within one (1) range higher than the sentencing range otherwise appropriate for the person.
(1) Second degree murder is a Class A felony.
(2) Notwithstanding the Tennessee Criminal Sentencing Reform Act of 1989, compiled in title 40, chapter 35, a person convicted of a violation of subdivision (a)(2) where the victim is a minor shall be punished from within one (1) range higher than the sentencing range otherwise appropriate for the person.
Amended by 2018 Tenn. Acts, ch. 995,s 1, eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 934,s 2, eff. 7/1/2018.
Acts 1989, ch. 591, § 1; T.C.A., § 39-13-206 ; Acts 1990, ch. 980, § 6; 1990, ch. 1038, § 4; 1995, ch. 460, § 2; 2006, ch. 967, § 2.
Tenn. Code Ann. § 39-16-301 — TN Code / Title 39 / Chapter 16 / Section 39-16-301
Criminal impersonation
Status: in_force

(a) A person commits criminal impersonation who, with intent to injure or defraud another person: (1) Assumes a false identity; (2) Pretends to be a representative of some person or organization; (3) Pretends to be an officer or employee of the government; or (4) Pretends to have a disability. (b) A person commits criminal impersonation who pretends to be a law enforcement officer for the purpose of: (1) Engaging in an activity that is ordinarily and customarily an activity established by law as a law enforcement activity; and (2) Causing another to believe that the person is a law enforcement officer. (c) (1) A person commits criminal impersonation who, with the intent to obtain money, property, services, or any other tangible benefit, pretends to be an active duty member or veteran of uniformed service by: (A) Wearing the uniform, rank, medals, devices, or insignia of a uniformed service of which the person is not a member or veteran or to which the person has not earned or been awarded; (B) Fraudulently representing to another, or misleading another to believe, that the person is the recipient of a military rank, medal, device, insignia, award, decoration, ribbon, tab, or other service recognition that the person has not received or earned; or (C) Presenting false identification, documentation, or certification to include, without limitation: (i) United States department of defense identification cards; (ii) Military forms showing release or discharge from active duty, including department of defense form 214 (DD 214) or equivalent forms; (iii) United States department of veteran affairs identification cards; or (iv) Certifications or qualifications indicating uniformed service training or education. (2) This subsection (c) shall not be construed to prevent members of organizations known as the Boy Scouts of America, or the naval militia, or such other organizations as the secretary of defense may designate, from wearing their prescribed uniforms; nor to prevent persons who in time of war have served honorably in the armed forces of the United States, from wearing the uniform as may be prescribed by the laws of the United States; nor to prevent other duly designated organizations, schools, colleges, universities, cadet corps, military societies, or instructors, from wearing the uniform as prescribed by the laws of the United States; nor to prevent the wearing of the uniform in playhouses, theaters, or motion pictures, as may be prescribed by the laws of the United States; and provided further, that the members of the military societies and instructors and members of the cadet corps mentioned in this subdivision (c)(2) shall not wear the insignia of rank prescribed to be worn by officers of the armed forces of the United States, or any similar insignia of rank. (d) (1) Criminal impersonation under subsection (a) is a Class B misdemeanor. However, if the criminal impersonation was committed to falsely obtain a driver license or photo identification license, the maximum fine of five hundred dollars ($500) shall be imposed. If any person commits the offense of criminal impersonation under subsection (a) while pretending to be a firefighter, medical fire responder, paramedic, emergency medical technician, or any other first responder and while operating a motor vehicle pursuant to § 55-9-201(d) , § 55-9-402(g) , or § 55-9-414(f) , then the offense is a Class A misdemeanor. (2) Criminal impersonation under subsection (b) or (c) is a Class A misdemeanor. However, if any person commits criminal impersonation of a law enforcement officer under subsection (b) while operating a motor vehicle pursuant to § 55-9-201(d) , § 55-9-402(g) , or § 55-9-414(f) , then the maximum fine for the offense shall be five thousand dollars ($5,000). (3) All revenue collected from the fines imposed for a conviction of subsection (c) must be paid into the general fund. It is the intent of the general assembly that an amount equal to the revenue collected from the fines imposed for a conviction under subsection (c) be allocated to assist in veteran property tax relief, subject to the general appropriations act. (e) For purposes of this section, "uniformed service" means: (1) Active and reserve components of the army, navy, air force, marine corps, or coast guard of the United States; (2) The commissioned corps of the United States public health service; (3) The commissioned corps of the national oceanic and atmospheric administration of the United States; or (4) The national guard of a state. Amended by 2018 Tenn. Acts, ch. 914,s 2, eff. 7/1/2018. Amended by 2014 Tenn. Acts, ch. 710,s 9, eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 710,s 8, eff. 7/1/2014. Acts 1989, ch. 591, § 1; 1990, ch. 983, § 1; 1999, ch. 374, § 2; 2007, ch. 355, § 1; 2011, ch. 47, § 31.
(a) A person commits criminal impersonation who, with intent to injure or defraud another person: (1) Assumes a false identity; (2) Pretends to be a representative of some person or organization; (3) Pretends to be an officer or employee of the government; or (4) Pretends to have a disability.
(1) Assumes a false identity;
(2) Pretends to be a representative of some person or organization;
(3) Pretends to be an officer or employee of the government; or
(4) Pretends to have a disability.
(b) A person commits criminal impersonation who pretends to be a law enforcement officer for the purpose of: (1) Engaging in an activity that is ordinarily and customarily an activity established by law as a law enforcement activity; and (2) Causing another to believe that the person is a law enforcement officer.
(1) Engaging in an activity that is ordinarily and customarily an activity established by law as a law enforcement activity; and
(2) Causing another to believe that the person is a law enforcement officer.
(c) (1) A person commits criminal impersonation who, with the intent to obtain money, property, services, or any other tangible benefit, pretends to be an active duty member or veteran of uniformed service by: (A) Wearing the uniform, rank, medals, devices, or insignia of a uniformed service of which the person is not a member or veteran or to which the person has not earned or been awarded; (B) Fraudulently representing to another, or misleading another to believe, that the person is the recipient of a military rank, medal, device, insignia, award, decoration, ribbon, tab, or other service recognition that the person has not received or earned; or (C) Presenting false identification, documentation, or certification to include, without limitation: (i) United States department of defense identification cards; (ii) Military forms showing release or discharge from active duty, including department of defense form 214 (DD 214) or equivalent forms; (iii) United States department of veteran affairs identification cards; or (iv) Certifications or qualifications indicating uniformed service training or education. (2) This subsection (c) shall not be construed to prevent members of organizations known as the Boy Scouts of America, or the naval militia, or such other organizations as the secretary of defense may designate, from wearing their prescribed uniforms; nor to prevent persons who in time of war have served honorably in the armed forces of the United States, from wearing the uniform as may be prescribed by the laws of the United States; nor to prevent other duly designated organizations, schools, colleges, universities, cadet corps, military societies, or instructors, from wearing the uniform as prescribed by the laws of the United States; nor to prevent the wearing of the uniform in playhouses, theaters, or motion pictures, as may be prescribed by the laws of the United States; and provided further, that the members of the military societies and instructors and members of the cadet corps mentioned in this subdivision (c)(2) shall not wear the insignia of rank prescribed to be worn by officers of the armed forces of the United States, or any similar insignia of rank.
(1) A person commits criminal impersonation who, with the intent to obtain money, property, services, or any other tangible benefit, pretends to be an active duty member or veteran of uniformed service by: (A) Wearing the uniform, rank, medals, devices, or insignia of a uniformed service of which the person is not a member or veteran or to which the person has not earned or been awarded; (B) Fraudulently representing to another, or misleading another to believe, that the person is the recipient of a military rank, medal, device, insignia, award, decoration, ribbon, tab, or other service recognition that the person has not received or earned; or (C) Presenting false identification, documentation, or certification to include, without limitation: (i) United States department of defense identification cards; (ii) Military forms showing release or discharge from active duty, including department of defense form 214 (DD 214) or equivalent forms; (iii) United States department of veteran affairs identification cards; or (iv) Certifications or qualifications indicating uniformed service training or education.
(A) Wearing the uniform, rank, medals, devices, or insignia of a uniformed service of which the person is not a member or veteran or to which the person has not earned or been awarded;
(B) Fraudulently representing to another, or misleading another to believe, that the person is the recipient of a military rank, medal, device, insignia, award, decoration, ribbon, tab, or other service recognition that the person has not received or earned; or
(C) Presenting false identification, documentation, or certification to include, without limitation: (i) United States department of defense identification cards; (ii) Military forms showing release or discharge from active duty, including department of defense form 214 (DD 214) or equivalent forms; (iii) United States department of veteran affairs identification cards; or (iv) Certifications or qualifications indicating uniformed service training or education.
(i) United States department of defense identification cards;
(ii) Military forms showing release or discharge from active duty, including department of defense form 214 (DD 214) or equivalent forms;
(iii) United States department of veteran affairs identification cards; or
(iv) Certifications or qualifications indicating uniformed service training or education.
(2) This subsection (c) shall not be construed to prevent members of organizations known as the Boy Scouts of America, or the naval militia, or such other organizations as the secretary of defense may designate, from wearing their prescribed uniforms; nor to prevent persons who in time of war have served honorably in the armed forces of the United States, from wearing the uniform as may be prescribed by the laws of the United States; nor to prevent other duly designated organizations, schools, colleges, universities, cadet corps, military societies, or instructors, from wearing the uniform as prescribed by the laws of the United States; nor to prevent the wearing of the uniform in playhouses, theaters, or motion pictures, as may be prescribed by the laws of the United States; and provided further, that the members of the military societies and instructors and members of the cadet corps mentioned in this subdivision (c)(2) shall not wear the insignia of rank prescribed to be worn by officers of the armed forces of the United States, or any similar insignia of rank.
(d) (1) Criminal impersonation under subsection (a) is a Class B misdemeanor. However, if the criminal impersonation was committed to falsely obtain a driver license or photo identification license, the maximum fine of five hundred dollars ($500) shall be imposed. If any person commits the offense of criminal impersonation under subsection (a) while pretending to be a firefighter, medical fire responder, paramedic, emergency medical technician, or any other first responder and while operating a motor vehicle pursuant to § 55-9-201(d) , § 55-9-402(g) , or § 55-9-414(f) , then the offense is a Class A misdemeanor. (2) Criminal impersonation under subsection (b) or (c) is a Class A misdemeanor. However, if any person commits criminal impersonation of a law enforcement officer under subsection (b) while operating a motor vehicle pursuant to § 55-9-201(d) , § 55-9-402(g) , or § 55-9-414(f) , then the maximum fine for the offense shall be five thousand dollars ($5,000). (3) All revenue collected from the fines imposed for a conviction of subsection (c) must be paid into the general fund. It is the intent of the general assembly that an amount equal to the revenue collected from the fines imposed for a conviction under subsection (c) be allocated to assist in veteran property tax relief, subject to the general appropriations act.
(1) Criminal impersonation under subsection (a) is a Class B misdemeanor. However, if the criminal impersonation was committed to falsely obtain a driver license or photo identification license, the maximum fine of five hundred dollars ($500) shall be imposed. If any person commits the offense of criminal impersonation under subsection (a) while pretending to be a firefighter, medical fire responder, paramedic, emergency medical technician, or any other first responder and while operating a motor vehicle pursuant to § 55-9-201(d) , § 55-9-402(g) , or § 55-9-414(f) , then the offense is a Class A misdemeanor.
(2) Criminal impersonation under subsection (b) or (c) is a Class A misdemeanor. However, if any person commits criminal impersonation of a law enforcement officer under subsection (b) while operating a motor vehicle pursuant to § 55-9-201(d) , § 55-9-402(g) , or § 55-9-414(f) , then the maximum fine for the offense shall be five thousand dollars ($5,000).
(3) All revenue collected from the fines imposed for a conviction of subsection (c) must be paid into the general fund. It is the intent of the general assembly that an amount equal to the revenue collected from the fines imposed for a conviction under subsection (c) be allocated to assist in veteran property tax relief, subject to the general appropriations act.
(e) For purposes of this section, "uniformed service" means: (1) Active and reserve components of the army, navy, air force, marine corps, or coast guard of the United States; (2) The commissioned corps of the United States public health service; (3) The commissioned corps of the national oceanic and atmospheric administration of the United States; or (4) The national guard of a state.
(1) Active and reserve components of the army, navy, air force, marine corps, or coast guard of the United States;
(2) The commissioned corps of the United States public health service;
(3) The commissioned corps of the national oceanic and atmospheric administration of the United States; or
(4) The national guard of a state.
Amended by 2018 Tenn. Acts, ch. 914,s 2, eff. 7/1/2018.
Amended by 2014 Tenn. Acts, ch. 710,s 9, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 710,s 8, eff. 7/1/2014.
Acts 1989, ch. 591, § 1; 1990, ch. 983, § 1; 1999, ch. 374, § 2; 2007, ch. 355, § 1; 2011, ch. 47, § 31.
Tenn. Code Ann. § 39-11-112 — TN Code / Title 39 / Chapter 11 / Section 39-11-112
[Repealed] Repealed or amended laws - Application in prosecution for offense
Status: repealed

When a penal statute or penal legislative act of the state is repealed or amended by a subsequent legislative act, the offense, as defined by the statute or act being repealed or amended, committed while the statute or act was in full force and effect shall be prosecuted under the act or statute in effect at the time of the commission of the offense. Except as provided under § 40-35-117 , in the event the subsequent act provides for a lesser penalty, any punishment imposed shall be in accordance with the subsequent act. Acts 1989, ch. 591, § 1.
When a penal statute or penal legislative act of the state is repealed or amended by a subsequent legislative act, the offense, as defined by the statute or act being repealed or amended, committed while the statute or act was in full force and effect shall be prosecuted under the act or statute in effect at the time of the commission of the offense. Except as provided under § 40-35-117 , in the event the subsequent act provides for a lesser penalty, any punishment imposed shall be in accordance with the subsequent act.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-13-601 — TN Code / Title 39 / Chapter 13 / Section 39-13-601
Wiretapping and electronic surveillance - Prohibited acts - Exceptions
Status: in_force

(a) (1) Except as otherwise specifically provided in §§ 39-13-601 - [former] 39-13-603 [repealed] and title 40, chapter 6, part 3, a person commits an offense who: (A) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; (B) Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when: (i) The device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or (ii) The device transmits communications by radio, or interferes with the transmission of the communication; (C) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection (a); or (D) Intentionally uses, or endeavors to use, the contents of any wire, oral or electronic communication, knowing or having reason to know, that the information was obtained through the interception of a wire, oral or electronic communication in violation of this subsection (a). (2) A violation of subdivision (a)(1) shall be punished as provided in § 39-13-602 and shall be subject to suit as provided in [former] § 39-13-603 [repealed]. (b) (1) It is lawful under §§ 39-13-601 - [former] 39-13-603 [repealed] and title 40, chapter 6, part 3 for an officer, employee, or agent of a provider of wire or electronic communications service, or a telecommunications company, whose facilities are used in the transmission of a wire communication, to intercept, disclose or use that communication in the normal course of employment while engaged in any activity that is necessary to the rendition of service or to the protection of the rights or property of the provider of that service. Nothing in §§ 39-13-601 - [former] 39-13-603 [repealed] and title 40, chapter 6, part 3 shall be construed to prohibit a telecommunications or other company from engaging in service observing for the purpose of maintaining service quality standards for the benefit of consumers. (2) Notwithstanding any other law, providers of wire or electronic communications service, their officers, employees, or agents, landlords, custodians, or other persons are authorized to provide information, facilities, or technical assistance to persons authorized by law to intercept wire, oral, or electronic communications, if the provider, its officers, employees, or agents, landlord, custodian or other specified person has been provided with a court order signed by the authorizing judge of competent jurisdiction that: (A) Directs the assistance; (B) Sets forth a period of time during which the provision of the information, facilities, or technical assistance is authorized; and (C) Specifies the information, facilities, or technical assistance required. (3) No provider of wire or electronic communications service, officer, employee, or agent thereof, or landlord, custodian or other specified person shall disclose the existence of any interception or surveillance or the device used to accomplish the interception or surveillance with respect to which the person has been furnished a court order, except as may otherwise be required by legal process, and then only after prior notification to the attorney general and reporter or to the district attorney general or any political subdivision of a district, as may be appropriate. Any such disclosure shall render the person liable for the civil damages provided for in [former] § 39-13-603 [repealed]. No cause of action shall lie in any court against any provider of wire or electronic communications service, its officers, employees, or agents, landlord, custodian, or other specified person for providing information, facilities, or assistance in accordance with the terms of a court order under §§ 39-13-601 - [former] 39-13-603 [repealed] and title 40, chapter 6, part 3. (4) It is lawful under §§ 39-13-601 - [former] 39-13-603 [repealed] and title 40, chapter 6, part 3 for a person acting under the color of law to intercept a wire, oral or electronic communication, where the person is a party to the communication or one of the parties to the communication has given prior consent to such interception. (5) It is lawful under §§ 39-13-601 - [former] 39-13-603 [repealed] and title 40, chapter 6, part 3 for a person not acting under color of law to intercept a wire, oral, or electronic communication, where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the constitution or laws of this state. (6) It is unlawful to intercept any wire, oral, or electronic communication for the purpose of committing a criminal act. (7) It is lawful, unless otherwise prohibited by state or federal law, for any person: (A) To intercept or access an electronic communication made through an electronic communication system that is configured so that the electronic communication is readily accessible to the general public; (B) To intercept any radio communication that is transmitted by: (i) Any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress; (ii) Any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including police and fire, readily accessible to the general public; (iii) Any station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or (iv) Any marine or aeronautical communications system; (C) To intercept any wire or electronic communication, the transmission of which is causing harmful interference with any lawfully operating station or consumer electronic equipment, to the extent necessary to identify the source of such interference; or (D) For other users of the same frequency to intercept any radio communication made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of such system, if such communication is not scrambled or encrypted. (c) (1) Except as provided in subdivision (c)(2), a person or entity providing an electronic communication service to the public shall not intentionally divulge the contents of any communication, other than one to such person or entity, or an agent thereof, while in transmission on that service to any person or entity other than an addressee or intended recipient of such communication or an agent of such addressee or intended recipient. (2) A person or entity providing electronic communication service to the public may divulge the contents of any such communication: (A) As otherwise authorized in subdivisions (b)(1)-(3) or § 40-6-306 ; (B) With the lawful consent of the originator or any addressee or intended recipient of such communication; (C) To a person employed or authorized, or whose facilities are used, to forward such communication to its destination; or (D) That were inadvertently obtained by the service provider and which appear to pertain to the commission of a crime, if the divulgence is made to a law enforcement agency. (d) (1) To clarify existing law, this section does not: (A) Apply to a person who installs software on a computer the person owns if the software is intended solely to monitor and record the use of the internet by a minor child of whom the person is a parent or legal guardian; (B) Restrict a business from selecting the business's vendors and disclosing communications to those vendors, by interception or otherwise, in the normal course of business; (C) Restrict a business in how the business develops websites and mobile applications, which may allow disclosure of communications to vendors, by interception or otherwise, in the normal course of business; or (D) Restrict the technology that a business can use on the business's website or mobile applications, including, but not limited to, cookies and pixels provided by vendors. (2) As used in this subsection (d), "vendor" means a person or entity providing goods, services, information, or analysis to a business, with or without compensation. Amended by 2024 Tenn. Acts, ch. 1045,s 2, eff. 5/28/2024. Acts 1994, ch. 964, § 4; 2011 , ch. 460, § 1.
(a) (1) Except as otherwise specifically provided in §§ 39-13-601 - [former] 39-13-603 [repealed] and title 40, chapter 6, part 3, a person commits an offense who: (A) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; (B) Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when: (i) The device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or (ii) The device transmits communications by radio, or interferes with the transmission of the communication; (C) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection (a); or (D) Intentionally uses, or endeavors to use, the contents of any wire, oral or electronic communication, knowing or having reason to know, that the information was obtained through the interception of a wire, oral or electronic communication in violation of this subsection (a). (2) A violation of subdivision (a)(1) shall be punished as provided in § 39-13-602 and shall be subject to suit as provided in [former] § 39-13-603 [repealed].
(1) Except as otherwise specifically provided in §§ 39-13-601 - [former] 39-13-603 [repealed] and title 40, chapter 6, part 3, a person commits an offense who: (A) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; (B) Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when: (i) The device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or (ii) The device transmits communications by radio, or interferes with the transmission of the communication; (C) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection (a); or (D) Intentionally uses, or endeavors to use, the contents of any wire, oral or electronic communication, knowing or having reason to know, that the information was obtained through the interception of a wire, oral or electronic communication in violation of this subsection (a).
(A) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication;
(B) Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when: (i) The device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or (ii) The device transmits communications by radio, or interferes with the transmission of the communication;
(i) The device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or
(ii) The device transmits communications by radio, or interferes with the transmission of the communication;
(C) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection (a); or
(D) Intentionally uses, or endeavors to use, the contents of any wire, oral or electronic communication, knowing or having reason to know, that the information was obtained through the interception of a wire, oral or electronic communication in violation of this subsection (a).
(2) A violation of subdivision (a)(1) shall be punished as provided in § 39-13-602 and shall be subject to suit as provided in [former] § 39-13-603 [repealed].
(b) (1) It is lawful under §§ 39-13-601 - [former] 39-13-603 [repealed] and title 40, chapter 6, part 3 for an officer, employee, or agent of a provider of wire or electronic communications service, or a telecommunications company, whose facilities are used in the transmission of a wire communication, to intercept, disclose or use that communication in the normal course of employment while engaged in any activity that is necessary to the rendition of service or to the protection of the rights or property of the provider of that service. Nothing in §§ 39-13-601 - [former] 39-13-603 [repealed] and title 40, chapter 6, part 3 shall be construed to prohibit a telecommunications or other company from engaging in service observing for the purpose of maintaining service quality standards for the benefit of consumers. (2) Notwithstanding any other law, providers of wire or electronic communications service, their officers, employees, or agents, landlords, custodians, or other persons are authorized to provide information, facilities, or technical assistance to persons authorized by law to intercept wire, oral, or electronic communications, if the provider, its officers, employees, or agents, landlord, custodian or other specified person has been provided with a court order signed by the authorizing judge of competent jurisdiction that: (A) Directs the assistance; (B) Sets forth a period of time during which the provision of the information, facilities, or technical assistance is authorized; and (C) Specifies the information, facilities, or technical assistance required. (3) No provider of wire or electronic communications service, officer, employee, or agent thereof, or landlord, custodian or other specified person shall disclose the existence of any interception or surveillance or the device used to accomplish the interception or surveillance with respect to which the person has been furnished a court order, except as may otherwise be required by legal process, and then only after prior notification to the attorney general and reporter or to the district attorney general or any political subdivision of a district, as may be appropriate. Any such disclosure shall render the person liable for the civil damages provided for in [former] § 39-13-603 [repealed]. No cause of action shall lie in any court against any provider of wire or electronic communications service, its officers, employees, or agents, landlord, custodian, or other specified person for providing information, facilities, or assistance in accordance with the terms of a court order under §§ 39-13-601 - [former] 39-13-603 [repealed] and title 40, chapter 6, part 3. (4) It is lawful under §§ 39-13-601 - [former] 39-13-603 [repealed] and title 40, chapter 6, part 3 for a person acting under the color of law to intercept a wire, oral or electronic communication, where the person is a party to the communication or one of the parties to the communication has given prior consent to such interception. (5) It is lawful under §§ 39-13-601 - [former] 39-13-603 [repealed] and title 40, chapter 6, part 3 for a person not acting under color of law to intercept a wire, oral, or electronic communication, where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the constitution or laws of this state. (6) It is unlawful to intercept any wire, oral, or electronic communication for the purpose of committing a criminal act. (7) It is lawful, unless otherwise prohibited by state or federal law, for any person: (A) To intercept or access an electronic communication made through an electronic communication system that is configured so that the electronic communication is readily accessible to the general public; (B) To intercept any radio communication that is transmitted by: (i) Any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress; (ii) Any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including police and fire, readily accessible to the general public; (iii) Any station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or (iv) Any marine or aeronautical communications system; (C) To intercept any wire or electronic communication, the transmission of which is causing harmful interference with any lawfully operating station or consumer electronic equipment, to the extent necessary to identify the source of such interference; or (D) For other users of the same frequency to intercept any radio communication made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of such system, if such communication is not scrambled or encrypted.
(1) It is lawful under §§ 39-13-601 - [former] 39-13-603 [repealed] and title 40, chapter 6, part 3 for an officer, employee, or agent of a provider of wire or electronic communications service, or a telecommunications company, whose facilities are used in the transmission of a wire communication, to intercept, disclose or use that communication in the normal course of employment while engaged in any activity that is necessary to the rendition of service or to the protection of the rights or property of the provider of that service. Nothing in §§ 39-13-601 - [former] 39-13-603 [repealed] and title 40, chapter 6, part 3 shall be construed to prohibit a telecommunications or other company from engaging in service observing for the purpose of maintaining service quality standards for the benefit of consumers.
(2) Notwithstanding any other law, providers of wire or electronic communications service, their officers, employees, or agents, landlords, custodians, or other persons are authorized to provide information, facilities, or technical assistance to persons authorized by law to intercept wire, oral, or electronic communications, if the provider, its officers, employees, or agents, landlord, custodian or other specified person has been provided with a court order signed by the authorizing judge of competent jurisdiction that: (A) Directs the assistance; (B) Sets forth a period of time during which the provision of the information, facilities, or technical assistance is authorized; and (C) Specifies the information, facilities, or technical assistance required.
(A) Directs the assistance;
(B) Sets forth a period of time during which the provision of the information, facilities, or technical assistance is authorized; and
(C) Specifies the information, facilities, or technical assistance required.
(3) No provider of wire or electronic communications service, officer, employee, or agent thereof, or landlord, custodian or other specified person shall disclose the existence of any interception or surveillance or the device used to accomplish the interception or surveillance with respect to which the person has been furnished a court order, except as may otherwise be required by legal process, and then only after prior notification to the attorney general and reporter or to the district attorney general or any political subdivision of a district, as may be appropriate. Any such disclosure shall render the person liable for the civil damages provided for in [former] § 39-13-603 [repealed]. No cause of action shall lie in any court against any provider of wire or electronic communications service, its officers, employees, or agents, landlord, custodian, or other specified person for providing information, facilities, or assistance in accordance with the terms of a court order under §§ 39-13-601 - [former] 39-13-603 [repealed] and title 40, chapter 6, part 3.
(4) It is lawful under §§ 39-13-601 - [former] 39-13-603 [repealed] and title 40, chapter 6, part 3 for a person acting under the color of law to intercept a wire, oral or electronic communication, where the person is a party to the communication or one of the parties to the communication has given prior consent to such interception.
(5) It is lawful under §§ 39-13-601 - [former] 39-13-603 [repealed] and title 40, chapter 6, part 3 for a person not acting under color of law to intercept a wire, oral, or electronic communication, where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the constitution or laws of this state.
(6) It is unlawful to intercept any wire, oral, or electronic communication for the purpose of committing a criminal act.
(7) It is lawful, unless otherwise prohibited by state or federal law, for any person: (A) To intercept or access an electronic communication made through an electronic communication system that is configured so that the electronic communication is readily accessible to the general public; (B) To intercept any radio communication that is transmitted by: (i) Any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress; (ii) Any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including police and fire, readily accessible to the general public; (iii) Any station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or (iv) Any marine or aeronautical communications system; (C) To intercept any wire or electronic communication, the transmission of which is causing harmful interference with any lawfully operating station or consumer electronic equipment, to the extent necessary to identify the source of such interference; or (D) For other users of the same frequency to intercept any radio communication made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of such system, if such communication is not scrambled or encrypted.
(A) To intercept or access an electronic communication made through an electronic communication system that is configured so that the electronic communication is readily accessible to the general public;
(B) To intercept any radio communication that is transmitted by: (i) Any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress; (ii) Any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including police and fire, readily accessible to the general public; (iii) Any station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or (iv) Any marine or aeronautical communications system;
(i) Any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress;
(ii) Any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including police and fire, readily accessible to the general public;
(iii) Any station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or
(iv) Any marine or aeronautical communications system;
(C) To intercept any wire or electronic communication, the transmission of which is causing harmful interference with any lawfully operating station or consumer electronic equipment, to the extent necessary to identify the source of such interference; or
(D) For other users of the same frequency to intercept any radio communication made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of such system, if such communication is not scrambled or encrypted.
(c) (1) Except as provided in subdivision (c)(2), a person or entity providing an electronic communication service to the public shall not intentionally divulge the contents of any communication, other than one to such person or entity, or an agent thereof, while in transmission on that service to any person or entity other than an addressee or intended recipient of such communication or an agent of such addressee or intended recipient. (2) A person or entity providing electronic communication service to the public may divulge the contents of any such communication: (A) As otherwise authorized in subdivisions (b)(1)-(3) or § 40-6-306 ; (B) With the lawful consent of the originator or any addressee or intended recipient of such communication; (C) To a person employed or authorized, or whose facilities are used, to forward such communication to its destination; or (D) That were inadvertently obtained by the service provider and which appear to pertain to the commission of a crime, if the divulgence is made to a law enforcement agency.
(1) Except as provided in subdivision (c)(2), a person or entity providing an electronic communication service to the public shall not intentionally divulge the contents of any communication, other than one to such person or entity, or an agent thereof, while in transmission on that service to any person or entity other than an addressee or intended recipient of such communication or an agent of such addressee or intended recipient.
(2) A person or entity providing electronic communication service to the public may divulge the contents of any such communication: (A) As otherwise authorized in subdivisions (b)(1)-(3) or § 40-6-306 ; (B) With the lawful consent of the originator or any addressee or intended recipient of such communication; (C) To a person employed or authorized, or whose facilities are used, to forward such communication to its destination; or (D) That were inadvertently obtained by the service provider and which appear to pertain to the commission of a crime, if the divulgence is made to a law enforcement agency.
(A) As otherwise authorized in subdivisions (b)(1)-(3) or § 40-6-306 ;
(B) With the lawful consent of the originator or any addressee or intended recipient of such communication;
(C) To a person employed or authorized, or whose facilities are used, to forward such communication to its destination; or
(D) That were inadvertently obtained by the service provider and which appear to pertain to the commission of a crime, if the divulgence is made to a law enforcement agency.
(d) (1) To clarify existing law, this section does not: (A) Apply to a person who installs software on a computer the person owns if the software is intended solely to monitor and record the use of the internet by a minor child of whom the person is a parent or legal guardian; (B) Restrict a business from selecting the business's vendors and disclosing communications to those vendors, by interception or otherwise, in the normal course of business; (C) Restrict a business in how the business develops websites and mobile applications, which may allow disclosure of communications to vendors, by interception or otherwise, in the normal course of business; or (D) Restrict the technology that a business can use on the business's website or mobile applications, including, but not limited to, cookies and pixels provided by vendors. (2) As used in this subsection (d), "vendor" means a person or entity providing goods, services, information, or analysis to a business, with or without compensation.
(1) To clarify existing law, this section does not: (A) Apply to a person who installs software on a computer the person owns if the software is intended solely to monitor and record the use of the internet by a minor child of whom the person is a parent or legal guardian; (B) Restrict a business from selecting the business's vendors and disclosing communications to those vendors, by interception or otherwise, in the normal course of business; (C) Restrict a business in how the business develops websites and mobile applications, which may allow disclosure of communications to vendors, by interception or otherwise, in the normal course of business; or (D) Restrict the technology that a business can use on the business's website or mobile applications, including, but not limited to, cookies and pixels provided by vendors.
(A) Apply to a person who installs software on a computer the person owns if the software is intended solely to monitor and record the use of the internet by a minor child of whom the person is a parent or legal guardian;
(B) Restrict a business from selecting the business's vendors and disclosing communications to those vendors, by interception or otherwise, in the normal course of business;
(C) Restrict a business in how the business develops websites and mobile applications, which may allow disclosure of communications to vendors, by interception or otherwise, in the normal course of business; or
(D) Restrict the technology that a business can use on the business's website or mobile applications, including, but not limited to, cookies and pixels provided by vendors.
(2) As used in this subsection (d), "vendor" means a person or entity providing goods, services, information, or analysis to a business, with or without compensation.
Amended by 2024 Tenn. Acts, ch. 1045,s 2, eff. 5/28/2024.
Acts 1994, ch. 964, § 4; 2011 , ch. 460, § 1.
Tenn. Code Ann. § 39-17-1810 — TN Code / Title 39 / Chapter 17 / Section 39-17-1810
Construction with other laws
Status: in_force

This part shall not be construed to permit smoking where it is otherwise restricted by other applicable laws. Acts 2007, ch. 410, § 1.
This part shall not be construed to permit smoking where it is otherwise restricted by other applicable laws.
Acts 2007, ch. 410, § 1.
Tenn. Code Ann. § 39-17-1551 — TN Code / Title 39 / Chapter 17 / Section 39-17-1551
Preemption of field of legislation concerning regulation of tobacco products, smokeless nicotine products, and vapor products - Exemptions - Authority to prohibit smoking - Authority to prohibit use of tobacco products or vapor products
Status: in_force

(a) The general assembly preempts and occupies the entire field of legislation concerning the regulation of tobacco products, smokeless nicotine products, and vapor products. Any law or regulation of tobacco products enacted or promulgated after March 15, 1994, or vapor products or smokeless nicotine products enacted or promulgated after July 1, 2021, by any agency or political subdivision of this state or any agency thereof is void; provided, that cities, counties, and counties having a metropolitan form of government may regulate the use of tobacco products or vapor products in buildings owned or leased by the political subdivisions; and provided further, that airport authorities created pursuant to title 42; utility districts created pursuant to title 7; and special school districts may regulate the use of tobacco products, smokeless nicotine products, or vapor products in buildings owned or leased by the entities. Notwithstanding any law to the contrary, individual owners or operators of retail establishments located within an enclosed shopping mall retain the right to determine the policy on the use of tobacco products or vapor products within the person's establishment. (b) (1) Notwithstanding subsection (a) or any other provision of this title, a municipality, a county, or a county having a metropolitan form of government is authorized by local ordinance or resolution to prohibit smoking or use of a vapor product on the grounds of a hospital or in the public areas immediately outside of a hospital building and its entrances, including public sidewalks. (2) Any regulation or ordinance that is passed or adopted by a local government pursuant to the authority granted by this subsection (b) may prohibit smoking or use of a vapor product by a distance of up to fifty feet (50') from a hospital's entrance unless the application of a fifty-foot limit would place hospital patients in a potentially unsafe condition. In which case, the fifty-foot limit shall be extended to such distance as is necessary to ensure patient safety as determined by the local government's legislative body in consultation with representatives of any hospitals that are subject to the regulation or ordinance. (c) (1) Notwithstanding subsection (a) or any other provision of this title, a local government is authorized by ordinance to prohibit smoking or use of a vapor product on the grounds of a swimming pool owned or operated by such local government or an outdoor amphitheater with a seating capacity of at least six thousand (6,000) owned or operated by such local government. (2) Subdivision (c)(1) only applies to: (A) Municipalities located in a county having a population of not less than one hundred fifty-six thousand eight hundred (156,800) nor more than one hundred fifty-six thousand nine hundred (156,900), according to the 2010 federal census or any subsequent federal census; or (B) Any county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census. (d) (1) Notwithstanding subsection (a) or any other provision of this title, a local government is authorized by ordinance to prohibit smoking or use of a vapor product on the grounds of an urban park center, as described in § 57-4-102 . (2) Subdivision (d)(1) only applies to municipalities located in a county having a population of not less than seventy-two thousand three hundred (72,300) nor more than seventy-two thousand four hundred (72,400), according to the 2010 federal census or any subsequent federal census. (e) [See Code Commission Notes.] (1) Notwithstanding subsection (a) or any other provision of this title, a local government is authorized by ordinance to prohibit smoking or use of a vapor product on the grounds of a playground by adopting a resolution or ordinance approved by a two-thirds (2/3) vote of the legislative body of the local government. (2) As used in this subsection (e) "playground" means an indoor or outdoor facility that is intended for recreation of children and owned by the local government. (f) [See Code Commission Notes.] (1) Notwithstanding subsection (a) or any other provision of this title, a municipality, a county, or a county having a metropolitan form of government is authorized by local ordinance or resolution, as applicable, to prohibit the use of tobacco products or vapor products, or both, on the grounds of a public park, public playground, public greenway, or any public property that is accessible to use by youth as long as the public park, public playground, public greenway, or public property is owned or controlled by the respective municipality or county. (2) Notwithstanding subdivision (f)(1), a prohibition enacted pursuant to this subsection (f) does not apply to buildings, sidewalks, or roads. (3) As used in this subsection (f): (A) (i) "Greenway" means: (a) An open-space area following a natural or man-made linear feature designed to be used for recreation, transportation, and conservation, and to link services and facilities; or (b) A paved, gravel-covered, woodchip-covered, or wood-covered path that connects one greenway entrance with another greenway entrance; (ii) If a greenway traverses a park that is owned or operated by a county, municipality, or instrumentality thereof, the greenway is considered a portion of that park unless designated otherwise by the local legislative body; (B) "Playground" means an indoor or outdoor facility that is intended for recreation of children; (C) "Tobacco product" means any product that contains tobacco and is intended for human use; and (D) "Youth" means persons under twenty-one (21) years of age. (g) Notwithstanding subsection (a) or another provision of this title, municipalities, counties, and counties having a metropolitan form of government may regulate, including prohibiting, by passing a resolution or ordinance, the following activities in age-restricted venues that are not retail tobacco stores, retail vapor product stores, or cigar bars: (1) Smoking, as defined in § 39-17-1802 ; and (2) The use of vapor products. Amended by 2022 Tenn. Acts, ch. 1110, s 2, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1110, s 1, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 810, s 15, eff. 4/8/2022. Amended by 2021 Tenn. Acts, ch. 574, s 1, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 551, s 5, eff. 7/1/2021. Amended by 2020 Tenn. Acts, ch. 529, s 1, eff. 7/1/2019. Amended by 2017 Tenn. Acts, ch. 188, s 1, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 847, s 1, eff. 7/1/2016. Acts 1994, ch. 872, §§ 9, 12; 2011 , ch. 296, § 1.
(a) The general assembly preempts and occupies the entire field of legislation concerning the regulation of tobacco products, smokeless nicotine products, and vapor products. Any law or regulation of tobacco products enacted or promulgated after March 15, 1994, or vapor products or smokeless nicotine products enacted or promulgated after July 1, 2021, by any agency or political subdivision of this state or any agency thereof is void; provided, that cities, counties, and counties having a metropolitan form of government may regulate the use of tobacco products or vapor products in buildings owned or leased by the political subdivisions; and provided further, that airport authorities created pursuant to title 42; utility districts created pursuant to title 7; and special school districts may regulate the use of tobacco products, smokeless nicotine products, or vapor products in buildings owned or leased by the entities. Notwithstanding any law to the contrary, individual owners or operators of retail establishments located within an enclosed shopping mall retain the right to determine the policy on the use of tobacco products or vapor products within the person's establishment.
(b) (1) Notwithstanding subsection (a) or any other provision of this title, a municipality, a county, or a county having a metropolitan form of government is authorized by local ordinance or resolution to prohibit smoking or use of a vapor product on the grounds of a hospital or in the public areas immediately outside of a hospital building and its entrances, including public sidewalks. (2) Any regulation or ordinance that is passed or adopted by a local government pursuant to the authority granted by this subsection (b) may prohibit smoking or use of a vapor product by a distance of up to fifty feet (50') from a hospital's entrance unless the application of a fifty-foot limit would place hospital patients in a potentially unsafe condition. In which case, the fifty-foot limit shall be extended to such distance as is necessary to ensure patient safety as determined by the local government's legislative body in consultation with representatives of any hospitals that are subject to the regulation or ordinance.
(1) Notwithstanding subsection (a) or any other provision of this title, a municipality, a county, or a county having a metropolitan form of government is authorized by local ordinance or resolution to prohibit smoking or use of a vapor product on the grounds of a hospital or in the public areas immediately outside of a hospital building and its entrances, including public sidewalks.
(2) Any regulation or ordinance that is passed or adopted by a local government pursuant to the authority granted by this subsection (b) may prohibit smoking or use of a vapor product by a distance of up to fifty feet (50') from a hospital's entrance unless the application of a fifty-foot limit would place hospital patients in a potentially unsafe condition. In which case, the fifty-foot limit shall be extended to such distance as is necessary to ensure patient safety as determined by the local government's legislative body in consultation with representatives of any hospitals that are subject to the regulation or ordinance.
(c) (1) Notwithstanding subsection (a) or any other provision of this title, a local government is authorized by ordinance to prohibit smoking or use of a vapor product on the grounds of a swimming pool owned or operated by such local government or an outdoor amphitheater with a seating capacity of at least six thousand (6,000) owned or operated by such local government. (2) Subdivision (c)(1) only applies to: (A) Municipalities located in a county having a population of not less than one hundred fifty-six thousand eight hundred (156,800) nor more than one hundred fifty-six thousand nine hundred (156,900), according to the 2010 federal census or any subsequent federal census; or (B) Any county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census.
(1) Notwithstanding subsection (a) or any other provision of this title, a local government is authorized by ordinance to prohibit smoking or use of a vapor product on the grounds of a swimming pool owned or operated by such local government or an outdoor amphitheater with a seating capacity of at least six thousand (6,000) owned or operated by such local government.
(2) Subdivision (c)(1) only applies to: (A) Municipalities located in a county having a population of not less than one hundred fifty-six thousand eight hundred (156,800) nor more than one hundred fifty-six thousand nine hundred (156,900), according to the 2010 federal census or any subsequent federal census; or (B) Any county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census.
(A) Municipalities located in a county having a population of not less than one hundred fifty-six thousand eight hundred (156,800) nor more than one hundred fifty-six thousand nine hundred (156,900), according to the 2010 federal census or any subsequent federal census; or
(B) Any county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census.
(d) (1) Notwithstanding subsection (a) or any other provision of this title, a local government is authorized by ordinance to prohibit smoking or use of a vapor product on the grounds of an urban park center, as described in § 57-4-102 . (2) Subdivision (d)(1) only applies to municipalities located in a county having a population of not less than seventy-two thousand three hundred (72,300) nor more than seventy-two thousand four hundred (72,400), according to the 2010 federal census or any subsequent federal census.
(1) Notwithstanding subsection (a) or any other provision of this title, a local government is authorized by ordinance to prohibit smoking or use of a vapor product on the grounds of an urban park center, as described in § 57-4-102 .
(2) Subdivision (d)(1) only applies to municipalities located in a county having a population of not less than seventy-two thousand three hundred (72,300) nor more than seventy-two thousand four hundred (72,400), according to the 2010 federal census or any subsequent federal census.
(e) [See Code Commission Notes.] (1) Notwithstanding subsection (a) or any other provision of this title, a local government is authorized by ordinance to prohibit smoking or use of a vapor product on the grounds of a playground by adopting a resolution or ordinance approved by a two-thirds (2/3) vote of the legislative body of the local government. (2) As used in this subsection (e) "playground" means an indoor or outdoor facility that is intended for recreation of children and owned by the local government.
(1) Notwithstanding subsection (a) or any other provision of this title, a local government is authorized by ordinance to prohibit smoking or use of a vapor product on the grounds of a playground by adopting a resolution or ordinance approved by a two-thirds (2/3) vote of the legislative body of the local government.
(2) As used in this subsection (e) "playground" means an indoor or outdoor facility that is intended for recreation of children and owned by the local government.
(f) [See Code Commission Notes.] (1) Notwithstanding subsection (a) or any other provision of this title, a municipality, a county, or a county having a metropolitan form of government is authorized by local ordinance or resolution, as applicable, to prohibit the use of tobacco products or vapor products, or both, on the grounds of a public park, public playground, public greenway, or any public property that is accessible to use by youth as long as the public park, public playground, public greenway, or public property is owned or controlled by the respective municipality or county. (2) Notwithstanding subdivision (f)(1), a prohibition enacted pursuant to this subsection (f) does not apply to buildings, sidewalks, or roads. (3) As used in this subsection (f): (A) (i) "Greenway" means: (a) An open-space area following a natural or man-made linear feature designed to be used for recreation, transportation, and conservation, and to link services and facilities; or (b) A paved, gravel-covered, woodchip-covered, or wood-covered path that connects one greenway entrance with another greenway entrance; (ii) If a greenway traverses a park that is owned or operated by a county, municipality, or instrumentality thereof, the greenway is considered a portion of that park unless designated otherwise by the local legislative body; (B) "Playground" means an indoor or outdoor facility that is intended for recreation of children; (C) "Tobacco product" means any product that contains tobacco and is intended for human use; and (D) "Youth" means persons under twenty-one (21) years of age.
(1) Notwithstanding subsection (a) or any other provision of this title, a municipality, a county, or a county having a metropolitan form of government is authorized by local ordinance or resolution, as applicable, to prohibit the use of tobacco products or vapor products, or both, on the grounds of a public park, public playground, public greenway, or any public property that is accessible to use by youth as long as the public park, public playground, public greenway, or public property is owned or controlled by the respective municipality or county.
(2) Notwithstanding subdivision (f)(1), a prohibition enacted pursuant to this subsection (f) does not apply to buildings, sidewalks, or roads.
(3) As used in this subsection (f): (A) (i) "Greenway" means: (a) An open-space area following a natural or man-made linear feature designed to be used for recreation, transportation, and conservation, and to link services and facilities; or (b) A paved, gravel-covered, woodchip-covered, or wood-covered path that connects one greenway entrance with another greenway entrance; (ii) If a greenway traverses a park that is owned or operated by a county, municipality, or instrumentality thereof, the greenway is considered a portion of that park unless designated otherwise by the local legislative body; (B) "Playground" means an indoor or outdoor facility that is intended for recreation of children; (C) "Tobacco product" means any product that contains tobacco and is intended for human use; and (D) "Youth" means persons under twenty-one (21) years of age.
(A) (i) "Greenway" means: (a) An open-space area following a natural or man-made linear feature designed to be used for recreation, transportation, and conservation, and to link services and facilities; or (b) A paved, gravel-covered, woodchip-covered, or wood-covered path that connects one greenway entrance with another greenway entrance; (ii) If a greenway traverses a park that is owned or operated by a county, municipality, or instrumentality thereof, the greenway is considered a portion of that park unless designated otherwise by the local legislative body;
(i) "Greenway" means: (a) An open-space area following a natural or man-made linear feature designed to be used for recreation, transportation, and conservation, and to link services and facilities; or (b) A paved, gravel-covered, woodchip-covered, or wood-covered path that connects one greenway entrance with another greenway entrance;
(a) An open-space area following a natural or man-made linear feature designed to be used for recreation, transportation, and conservation, and to link services and facilities; or
(b) A paved, gravel-covered, woodchip-covered, or wood-covered path that connects one greenway entrance with another greenway entrance;
(ii) If a greenway traverses a park that is owned or operated by a county, municipality, or instrumentality thereof, the greenway is considered a portion of that park unless designated otherwise by the local legislative body;
(B) "Playground" means an indoor or outdoor facility that is intended for recreation of children;
(C) "Tobacco product" means any product that contains tobacco and is intended for human use; and
(D) "Youth" means persons under twenty-one (21) years of age.
(g) Notwithstanding subsection (a) or another provision of this title, municipalities, counties, and counties having a metropolitan form of government may regulate, including prohibiting, by passing a resolution or ordinance, the following activities in age-restricted venues that are not retail tobacco stores, retail vapor product stores, or cigar bars: (1) Smoking, as defined in § 39-17-1802 ; and (2) The use of vapor products.
(1) Smoking, as defined in § 39-17-1802 ; and
(2) The use of vapor products.
Amended by 2022 Tenn. Acts, ch. 1110, s 2, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1110, s 1, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 810, s 15, eff. 4/8/2022.
Amended by 2021 Tenn. Acts, ch. 574, s 1, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 551, s 5, eff. 7/1/2021.
Amended by 2020 Tenn. Acts, ch. 529, s 1, eff. 7/1/2019.
Amended by 2017 Tenn. Acts, ch. 188, s 1, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 847, s 1, eff. 7/1/2016.
Acts 1994, ch. 872, §§ 9, 12; 2011 , ch. 296, § 1.
Tenn. Code Ann. § 39-13-107 — TN Code / Title 39 / Chapter 13 / Section 39-13-107
Fetus as victim
Status: in_force

(a) For the purposes of this part, "another," "individuals," and "another person" include a human embryo or fetus at any stage of gestation in utero, when any such term refers to the victim of any act made criminal by this part. (b) Nothing in this section shall be construed to amend [former] § 39-15-201 [repealed], or §§ 39-15-203 - 39-15-205 and 39-15-207. (c) Nothing in subsection (a) shall apply to any act or omission by a pregnant woman with respect to an embryo or fetus with which she is pregnant, or to any lawful medical or surgical procedure to which a pregnant woman consents, performed by a health care professional who is licensed to perform such procedure. Amended by 2014 Tenn. Acts, ch. 820, Secs.s 1, s 2 eff. 4/29/2014. Acts 1989, ch. 591, § 1; 2011 , ch. 408, § 1; 2012 , ch. 1006, §§ 3, 4.
(a) For the purposes of this part, "another," "individuals," and "another person" include a human embryo or fetus at any stage of gestation in utero, when any such term refers to the victim of any act made criminal by this part.
(b) Nothing in this section shall be construed to amend [former] § 39-15-201 [repealed], or §§ 39-15-203 - 39-15-205 and 39-15-207.
(c) Nothing in subsection (a) shall apply to any act or omission by a pregnant woman with respect to an embryo or fetus with which she is pregnant, or to any lawful medical or surgical procedure to which a pregnant woman consents, performed by a health care professional who is licensed to perform such procedure.
Amended by 2014 Tenn. Acts, ch. 820, Secs.s 1, s 2 eff. 4/29/2014.
Acts 1989, ch. 591, § 1; 2011 , ch. 408, § 1; 2012 , ch. 1006, §§ 3, 4.
Tenn. Code Ann. § 39-14-109 — TN Code / Title 39 / Chapter 14 / Section 39-14-109
Stone or rock wall - Warning sign
Status: in_force

Notwithstanding any law to the contrary, the state or any county or municipality is authorized to post the following signage along the right-of-way of any state or local roadway located in close proximity to a stone or rock wall: WARNING! IT CONSTITUTES THE CRIME OF THEFT TO KNOWINGLY REMOVE, WITHOUT OWNER CONSENT, ANY PORTION OF A STONE OR ROCK WALL LOCATED ON THE PUBLIC RIGHT-OF-WAY OR ON PRIVATE PROPERTY! SANCTIONS ARE SUBSTANTIAL! Acts 2002, ch. 622, § 1.
Notwithstanding any law to the contrary, the state or any county or municipality is authorized to post the following signage along the right-of-way of any state or local roadway located in close proximity to a stone or rock wall:
WARNING!
IT CONSTITUTES THE CRIME OF THEFT TO KNOWINGLY REMOVE, WITHOUT OWNER CONSENT, ANY PORTION OF A STONE OR ROCK WALL LOCATED ON THE PUBLIC RIGHT-OF-WAY OR ON PRIVATE PROPERTY! SANCTIONS ARE SUBSTANTIAL!
Acts 2002, ch. 622, § 1.
Tenn. Code Ann. § 39-14-602 — TN Code / Title 39 / Chapter 14 / Section 39-14-602
Offenses - Penalties - Implicit consent to access
Status: in_force

(a) (1) It is an offense to: (A) Knowingly, directly, or indirectly access, cause to be accessed, or attempt to access any telephone system, telecommunications facility, computer software, computer program, data, computer, computer system, computer network, or any part thereof, for the purpose of: (i) Obtaining money, property, or services for oneself or another by means of false or fraudulent pretenses, representations, or promises; (ii) Causing computer output to purposely be false for, but not limited to, the purpose of obtaining money, property, or services for oneself or another by means of false or fraudulent pretenses, representations, or promises; or (iii) Affecting the creation or alteration of a financial instrument or of an electronic transfer of funds with the intent to disrupt, alter, misappropriate, or commit fraud; (B) Intentionally and without authorization, directly or indirectly: (i) Alter, damage, destroy, or attempt to damage or destroy, or cause the disruption to the proper operation of any computer, or perform an act which is responsible for the disruption of any computer, computer system, computer network, computer software, program, or data which resides or exists internal or external to a computer, computer system, or computer network; or (ii) Make or cause to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network; or (C) Receive, conceal, use, or aid another in receiving, concealing, or using any proceeds resulting from a violation of this subsection (a), knowing the proceeds to be the result of such violation, or receive, conceal, use, or aid another in receiving, concealing, or using any books, records, documents, property, financial instrument, computer software, program, or other material, property, or objects, knowing that the item has been used in violating this subsection (a). (2) A violation of this subsection (a) is subject to the penalties of § 39-14-105 . (b) (1) It is an offense to intentionally and without authorization, directly or indirectly: (A) Access any computer, computer system, or computer network; (B) Introduce or be responsible for the malicious input of any computer contaminant into any computer, computer system, or computer network; (C) Access, cause to be accessed, or attempt to access any computer software, computer network, or any part thereof, for the purpose of maliciously gaining access to computer material or to tamper maliciously with computer security devices; or (D) Possess a computer contaminant. (2) A violation of this subsection (b) is a Class A misdemeanor. (c) Operating a computer network in such a way as to allow anonymous access to that network constitutes implicit consent to access under this part. (d) Any person who violates this section in connection with an act of terrorism commits a Class A felony. (e) Any person who accesses, causes to be accessed, or attempts to access a digital asset pursuant to the Revised Uniform Fiduciary Access to Digital Assets Act, compiled in title 35, chapter 8, is not in violation of this part. Amended by 2022 Tenn. Acts, ch. 1042, s 1, eff. 7/1/2022. Amended by 2016 Tenn. Acts, ch. 570, s 20, eff. 7/1/2016. Acts 1989, ch. 591, § 1; 1993, ch. 445, § 1; 2002, ch. 849, § 4; 2003 , ch. 317, § 3; 2006, ch. 809, § 1.
(a) (1) It is an offense to: (A) Knowingly, directly, or indirectly access, cause to be accessed, or attempt to access any telephone system, telecommunications facility, computer software, computer program, data, computer, computer system, computer network, or any part thereof, for the purpose of: (i) Obtaining money, property, or services for oneself or another by means of false or fraudulent pretenses, representations, or promises; (ii) Causing computer output to purposely be false for, but not limited to, the purpose of obtaining money, property, or services for oneself or another by means of false or fraudulent pretenses, representations, or promises; or (iii) Affecting the creation or alteration of a financial instrument or of an electronic transfer of funds with the intent to disrupt, alter, misappropriate, or commit fraud; (B) Intentionally and without authorization, directly or indirectly: (i) Alter, damage, destroy, or attempt to damage or destroy, or cause the disruption to the proper operation of any computer, or perform an act which is responsible for the disruption of any computer, computer system, computer network, computer software, program, or data which resides or exists internal or external to a computer, computer system, or computer network; or (ii) Make or cause to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network; or (C) Receive, conceal, use, or aid another in receiving, concealing, or using any proceeds resulting from a violation of this subsection (a), knowing the proceeds to be the result of such violation, or receive, conceal, use, or aid another in receiving, concealing, or using any books, records, documents, property, financial instrument, computer software, program, or other material, property, or objects, knowing that the item has been used in violating this subsection (a). (2) A violation of this subsection (a) is subject to the penalties of § 39-14-105 .
(1) It is an offense to: (A) Knowingly, directly, or indirectly access, cause to be accessed, or attempt to access any telephone system, telecommunications facility, computer software, computer program, data, computer, computer system, computer network, or any part thereof, for the purpose of: (i) Obtaining money, property, or services for oneself or another by means of false or fraudulent pretenses, representations, or promises; (ii) Causing computer output to purposely be false for, but not limited to, the purpose of obtaining money, property, or services for oneself or another by means of false or fraudulent pretenses, representations, or promises; or (iii) Affecting the creation or alteration of a financial instrument or of an electronic transfer of funds with the intent to disrupt, alter, misappropriate, or commit fraud; (B) Intentionally and without authorization, directly or indirectly: (i) Alter, damage, destroy, or attempt to damage or destroy, or cause the disruption to the proper operation of any computer, or perform an act which is responsible for the disruption of any computer, computer system, computer network, computer software, program, or data which resides or exists internal or external to a computer, computer system, or computer network; or (ii) Make or cause to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network; or (C) Receive, conceal, use, or aid another in receiving, concealing, or using any proceeds resulting from a violation of this subsection (a), knowing the proceeds to be the result of such violation, or receive, conceal, use, or aid another in receiving, concealing, or using any books, records, documents, property, financial instrument, computer software, program, or other material, property, or objects, knowing that the item has been used in violating this subsection (a).
(A) Knowingly, directly, or indirectly access, cause to be accessed, or attempt to access any telephone system, telecommunications facility, computer software, computer program, data, computer, computer system, computer network, or any part thereof, for the purpose of: (i) Obtaining money, property, or services for oneself or another by means of false or fraudulent pretenses, representations, or promises; (ii) Causing computer output to purposely be false for, but not limited to, the purpose of obtaining money, property, or services for oneself or another by means of false or fraudulent pretenses, representations, or promises; or (iii) Affecting the creation or alteration of a financial instrument or of an electronic transfer of funds with the intent to disrupt, alter, misappropriate, or commit fraud;
(i) Obtaining money, property, or services for oneself or another by means of false or fraudulent pretenses, representations, or promises;
(ii) Causing computer output to purposely be false for, but not limited to, the purpose of obtaining money, property, or services for oneself or another by means of false or fraudulent pretenses, representations, or promises; or
(iii) Affecting the creation or alteration of a financial instrument or of an electronic transfer of funds with the intent to disrupt, alter, misappropriate, or commit fraud;
(B) Intentionally and without authorization, directly or indirectly: (i) Alter, damage, destroy, or attempt to damage or destroy, or cause the disruption to the proper operation of any computer, or perform an act which is responsible for the disruption of any computer, computer system, computer network, computer software, program, or data which resides or exists internal or external to a computer, computer system, or computer network; or (ii) Make or cause to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network; or
(i) Alter, damage, destroy, or attempt to damage or destroy, or cause the disruption to the proper operation of any computer, or perform an act which is responsible for the disruption of any computer, computer system, computer network, computer software, program, or data which resides or exists internal or external to a computer, computer system, or computer network; or
(ii) Make or cause to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network; or
(C) Receive, conceal, use, or aid another in receiving, concealing, or using any proceeds resulting from a violation of this subsection (a), knowing the proceeds to be the result of such violation, or receive, conceal, use, or aid another in receiving, concealing, or using any books, records, documents, property, financial instrument, computer software, program, or other material, property, or objects, knowing that the item has been used in violating this subsection (a).
(2) A violation of this subsection (a) is subject to the penalties of § 39-14-105 .
(b) (1) It is an offense to intentionally and without authorization, directly or indirectly: (A) Access any computer, computer system, or computer network; (B) Introduce or be responsible for the malicious input of any computer contaminant into any computer, computer system, or computer network; (C) Access, cause to be accessed, or attempt to access any computer software, computer network, or any part thereof, for the purpose of maliciously gaining access to computer material or to tamper maliciously with computer security devices; or (D) Possess a computer contaminant. (2) A violation of this subsection (b) is a Class A misdemeanor.
(1) It is an offense to intentionally and without authorization, directly or indirectly: (A) Access any computer, computer system, or computer network; (B) Introduce or be responsible for the malicious input of any computer contaminant into any computer, computer system, or computer network; (C) Access, cause to be accessed, or attempt to access any computer software, computer network, or any part thereof, for the purpose of maliciously gaining access to computer material or to tamper maliciously with computer security devices; or (D) Possess a computer contaminant.
(A) Access any computer, computer system, or computer network;
(B) Introduce or be responsible for the malicious input of any computer contaminant into any computer, computer system, or computer network;
(C) Access, cause to be accessed, or attempt to access any computer software, computer network, or any part thereof, for the purpose of maliciously gaining access to computer material or to tamper maliciously with computer security devices; or
(D) Possess a computer contaminant.
(2) A violation of this subsection (b) is a Class A misdemeanor.
(c) Operating a computer network in such a way as to allow anonymous access to that network constitutes implicit consent to access under this part.
(d) Any person who violates this section in connection with an act of terrorism commits a Class A felony.
(e) Any person who accesses, causes to be accessed, or attempts to access a digital asset pursuant to the Revised Uniform Fiduciary Access to Digital Assets Act, compiled in title 35, chapter 8, is not in violation of this part.
Amended by 2022 Tenn. Acts, ch. 1042, s 1, eff. 7/1/2022.
Amended by 2016 Tenn. Acts, ch. 570, s 20, eff. 7/1/2016.
Acts 1989, ch. 591, § 1; 1993, ch. 445, § 1; 2002, ch. 849, § 4; 2003 , ch. 317, § 3; 2006, ch. 809, § 1.
Tenn. Code Ann. § 39-14-122 — TN Code / Title 39 / Chapter 14 / Section 39-14-122
Immunity for false arrest or imprisonment
Status: in_force

(a) Any person causing the arrest of the drawer of a check, draft or order shall not be criminally or civilly liable for false arrest or false imprisonment if the person, firm or corporation relies in good faith upon the permissible inferences set forth in § 39-14-121(b) and notice is given, if required, to the drawer of the check. (b) To rely on the civil or criminal immunity, the drawee of any check, draft, or other order for the payment of money, before refusing to pay same to the holder upon presentation, shall also cause to be written, printed, or stamped in plain language thereon or attached thereto, the reason for the drawee's dishonor or refusal of the same. Acts 1989, ch. 591, § 1.
(a) Any person causing the arrest of the drawer of a check, draft or order shall not be criminally or civilly liable for false arrest or false imprisonment if the person, firm or corporation relies in good faith upon the permissible inferences set forth in § 39-14-121(b) and notice is given, if required, to the drawer of the check.
(b) To rely on the civil or criminal immunity, the drawee of any check, draft, or other order for the payment of money, before refusing to pay same to the holder upon presentation, shall also cause to be written, printed, or stamped in plain language thereon or attached thereto, the reason for the drawee's dishonor or refusal of the same.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-14-113 — TN Code / Title 39 / Chapter 14 / Section 39-14-113
Organized Retail Crime Prevention Act
Status: in_force

(a) This section shall be known and may be cited as the "Organized Retail Crime Prevention Act." (b) For purposes of this section, "stored value card" means any card, gift card, instrument, or device issued with or without fee for the use of the cardholder to obtain money, goods, services, or anything else of value. Stored value cards include, but are not limited to, debit cards issued for use as a stored value card or gift card, and an account identification number or symbol used to identify a stored value card. "Stored value card" does not include a prepaid card usable at multiple, unaffiliated merchants or at automated teller machines, or both. (c) A person commits the offense of organized retail crime when the person: (1) Acts in concert with one (1) or more individuals to commit theft of any merchandise with a value greater than one thousand dollars ($1,000) aggregated over a ninety-day period with the intent to: (A) Sell, barter, or trade the merchandise for monetary or other gain; or (B) Fraudulently return the merchandise to a retail merchant; or (2) Receives, possesses, sells, or purchases, by physical or electronic means, any merchandise or stored value cards obtained from a fraudulent return with the knowledge that the property was obtained in violation of § 39-14-103 or § 39-14-146 . (d) (1) A violation of subsection (c) is punished as theft pursuant to § 39-14-105 . (2) A violation of subsection (c) is punished one (1) classification higher than provided in § 39-14-105 if the defendant exercised organizational, supervisory, financial, or management authority over the activity of one (1) or more other persons in furtherance of a violation of this section. (e) Any interest in property acquired or maintained in violation of this section shall be subject to forfeiture as provided by chapter 11, part 7 of this title. (f) (1) Any sale or purchase of stored value cards by persons or merchants, other than the issuer or the issuer's authorized agent, including any transaction that occurs in this state or with a person in the state who transacts online, requires that the appropriate information contained in this subsection (f) be recorded and a copy of the record shall be maintained for at least three (3) years. Regardless of the method by which the transaction is conducted, the merchant shall record the following information for each transaction: (A) The time, date, and place of the transaction; (B) A complete and accurate description of the stored value card sold or purchased, including, if available, the name of the original issuer, the face value of the stored value card when sold or purchased, the acquired price of the stored value card, and the stored value card serial number; (C) Pin numbers shall be provided for specific individuals upon the request of law enforcement; and (D) A signed statement or digital affirmation by the seller of the stored value card, if applicable, verifying that the seller is the rightful owner of the stored value card or is authorized to sell, consign, or trade the stored value card. (2) If the transaction is completed in person or by any method other than in a kiosk or online, the record shall include: (A) The information required in subdivision (f)(1); (B) A copy, digital swipe, or scan of a valid government issued identification card, such as a driver license, state identification card, or military identification card, of the person who purchased the stored value card, or the person to whom stored value card was sold; (C) A thumbprint of the person who sold the stored value card; and (D) A description of the person who sold the stored value card including the person's full name, current residential address, phone number, height, weight, date of birth, or other identifying marks. (3) If the transaction is completed at a kiosk, the record shall include: (A) The information required in subdivision (f)(1); (B) A digital swipe or scan of a valid government issued identification card, such as a driver license, state identification card, or military identification card, of the person who purchased the stored value card, or sold the stored value card; and (C) A thumbprint of the person who sold the stored value card. (4) If the transaction is completed online the record shall include: (A) The information required by subdivision (f)(1); (B) A verified email address; (C) The IP address or digital device identification used to access the website or app of the seller; (D) Data collected about the person who purchased the stored value card, or sold the stored value card, including name and mailing address used to remit payment; and (E) A token identifier for a validated credit or debit card and billing zip code. (5) Local law enforcement agencies shall notify merchants known to sell stored value cards of the recording and reporting requirements required by subdivisions (f)(1)-(4). The notification to merchants shall be in writing and shall state the law enforcement agency's policy regarding how the information is to be reported in the applicable jurisdiction and certify that any data collected from the merchant will be stored in a secure and confidential manner. All records shall be delivered to the appropriate law enforcement agency or its designated reporting database in an electronic or other report format approved by that same agency within twenty-four (24) hours from the date of the transaction. The information shall be stored on a law enforcement owned, operated, and housed server. Any gift card database software should be free for state law enforcement agencies; state, county, and city government agencies; and for the merchants that are reporting. (6) (A) A merchant commits a Class A misdemeanor who knowingly fails to follow the reporting and recording requirements pursuant to this subsection (f). However, for a merchant to be charged or convicted under this subsection (f), the law enforcement agency must have first notified the merchant in writing of the reporting obligations in that jurisdiction. If the violation is committed by the owner, stockholder, or managing partner of a business selling a stored value card, then the business license may be suspended or revoked at the discretion of the city or county clerk. (B) Any person who knowingly provides false information in response to the reporting requirements of this section commits a Class A misdemeanor. (C) Any fines derived from violations of this subsection (f) shall be earmarked for law enforcement purposes if the law enforcement entity shows proof of notification of reporting requirements signed by the person or agent of the entity in violation. (7) Notwithstanding this section to the contrary, the comptroller of the treasury is authorized to request and receive from a law enforcement agency any data or information received by the law enforcement agency pursuant to this subsection (f). (g) All information gathered pursuant to subsection (f) shall remain confidential. If a local law enforcement agency utilizes a third party, including, but not limited to, a third-party database or software company, to keep records or to analyze stored value card transactions, the third party must agree to keep all information confidential and only share the information with law enforcement agencies, the comptroller of the treasury, or the original issuer of the stored value card. Amended by 2020 Tenn. Acts, ch. 620, s 1, eff. 7/1/2020. Amended by 2018 Tenn. Acts, ch. 993, Secs.s 2, s 3, s 4 eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 993, s 1, eff. 7/1/2018. Added by 2017 Tenn. Acts, ch. 472, s 1, eff. 7/1/2017.
(a) This section shall be known and may be cited as the "Organized Retail Crime Prevention Act."
(b) For purposes of this section, "stored value card" means any card, gift card, instrument, or device issued with or without fee for the use of the cardholder to obtain money, goods, services, or anything else of value. Stored value cards include, but are not limited to, debit cards issued for use as a stored value card or gift card, and an account identification number or symbol used to identify a stored value card. "Stored value card" does not include a prepaid card usable at multiple, unaffiliated merchants or at automated teller machines, or both.
(c) A person commits the offense of organized retail crime when the person: (1) Acts in concert with one (1) or more individuals to commit theft of any merchandise with a value greater than one thousand dollars ($1,000) aggregated over a ninety-day period with the intent to: (A) Sell, barter, or trade the merchandise for monetary or other gain; or (B) Fraudulently return the merchandise to a retail merchant; or (2) Receives, possesses, sells, or purchases, by physical or electronic means, any merchandise or stored value cards obtained from a fraudulent return with the knowledge that the property was obtained in violation of § 39-14-103 or § 39-14-146 .
(1) Acts in concert with one (1) or more individuals to commit theft of any merchandise with a value greater than one thousand dollars ($1,000) aggregated over a ninety-day period with the intent to: (A) Sell, barter, or trade the merchandise for monetary or other gain; or (B) Fraudulently return the merchandise to a retail merchant; or
(A) Sell, barter, or trade the merchandise for monetary or other gain; or
(B) Fraudulently return the merchandise to a retail merchant; or
(2) Receives, possesses, sells, or purchases, by physical or electronic means, any merchandise or stored value cards obtained from a fraudulent return with the knowledge that the property was obtained in violation of § 39-14-103 or § 39-14-146 .
(d) (1) A violation of subsection (c) is punished as theft pursuant to § 39-14-105 . (2) A violation of subsection (c) is punished one (1) classification higher than provided in § 39-14-105 if the defendant exercised organizational, supervisory, financial, or management authority over the activity of one (1) or more other persons in furtherance of a violation of this section.
(1) A violation of subsection (c) is punished as theft pursuant to § 39-14-105 .
(2) A violation of subsection (c) is punished one (1) classification higher than provided in § 39-14-105 if the defendant exercised organizational, supervisory, financial, or management authority over the activity of one (1) or more other persons in furtherance of a violation of this section.
(e) Any interest in property acquired or maintained in violation of this section shall be subject to forfeiture as provided by chapter 11, part 7 of this title.
(f) (1) Any sale or purchase of stored value cards by persons or merchants, other than the issuer or the issuer's authorized agent, including any transaction that occurs in this state or with a person in the state who transacts online, requires that the appropriate information contained in this subsection (f) be recorded and a copy of the record shall be maintained for at least three (3) years. Regardless of the method by which the transaction is conducted, the merchant shall record the following information for each transaction: (A) The time, date, and place of the transaction; (B) A complete and accurate description of the stored value card sold or purchased, including, if available, the name of the original issuer, the face value of the stored value card when sold or purchased, the acquired price of the stored value card, and the stored value card serial number; (C) Pin numbers shall be provided for specific individuals upon the request of law enforcement; and (D) A signed statement or digital affirmation by the seller of the stored value card, if applicable, verifying that the seller is the rightful owner of the stored value card or is authorized to sell, consign, or trade the stored value card. (2) If the transaction is completed in person or by any method other than in a kiosk or online, the record shall include: (A) The information required in subdivision (f)(1); (B) A copy, digital swipe, or scan of a valid government issued identification card, such as a driver license, state identification card, or military identification card, of the person who purchased the stored value card, or the person to whom stored value card was sold; (C) A thumbprint of the person who sold the stored value card; and (D) A description of the person who sold the stored value card including the person's full name, current residential address, phone number, height, weight, date of birth, or other identifying marks. (3) If the transaction is completed at a kiosk, the record shall include: (A) The information required in subdivision (f)(1); (B) A digital swipe or scan of a valid government issued identification card, such as a driver license, state identification card, or military identification card, of the person who purchased the stored value card, or sold the stored value card; and (C) A thumbprint of the person who sold the stored value card. (4) If the transaction is completed online the record shall include: (A) The information required by subdivision (f)(1); (B) A verified email address; (C) The IP address or digital device identification used to access the website or app of the seller; (D) Data collected about the person who purchased the stored value card, or sold the stored value card, including name and mailing address used to remit payment; and (E) A token identifier for a validated credit or debit card and billing zip code. (5) Local law enforcement agencies shall notify merchants known to sell stored value cards of the recording and reporting requirements required by subdivisions (f)(1)-(4). The notification to merchants shall be in writing and shall state the law enforcement agency's policy regarding how the information is to be reported in the applicable jurisdiction and certify that any data collected from the merchant will be stored in a secure and confidential manner. All records shall be delivered to the appropriate law enforcement agency or its designated reporting database in an electronic or other report format approved by that same agency within twenty-four (24) hours from the date of the transaction. The information shall be stored on a law enforcement owned, operated, and housed server. Any gift card database software should be free for state law enforcement agencies; state, county, and city government agencies; and for the merchants that are reporting. (6) (A) A merchant commits a Class A misdemeanor who knowingly fails to follow the reporting and recording requirements pursuant to this subsection (f). However, for a merchant to be charged or convicted under this subsection (f), the law enforcement agency must have first notified the merchant in writing of the reporting obligations in that jurisdiction. If the violation is committed by the owner, stockholder, or managing partner of a business selling a stored value card, then the business license may be suspended or revoked at the discretion of the city or county clerk. (B) Any person who knowingly provides false information in response to the reporting requirements of this section commits a Class A misdemeanor. (C) Any fines derived from violations of this subsection (f) shall be earmarked for law enforcement purposes if the law enforcement entity shows proof of notification of reporting requirements signed by the person or agent of the entity in violation. (7) Notwithstanding this section to the contrary, the comptroller of the treasury is authorized to request and receive from a law enforcement agency any data or information received by the law enforcement agency pursuant to this subsection (f).
(1) Any sale or purchase of stored value cards by persons or merchants, other than the issuer or the issuer's authorized agent, including any transaction that occurs in this state or with a person in the state who transacts online, requires that the appropriate information contained in this subsection (f) be recorded and a copy of the record shall be maintained for at least three (3) years. Regardless of the method by which the transaction is conducted, the merchant shall record the following information for each transaction: (A) The time, date, and place of the transaction; (B) A complete and accurate description of the stored value card sold or purchased, including, if available, the name of the original issuer, the face value of the stored value card when sold or purchased, the acquired price of the stored value card, and the stored value card serial number; (C) Pin numbers shall be provided for specific individuals upon the request of law enforcement; and (D) A signed statement or digital affirmation by the seller of the stored value card, if applicable, verifying that the seller is the rightful owner of the stored value card or is authorized to sell, consign, or trade the stored value card.
(A) The time, date, and place of the transaction;
(B) A complete and accurate description of the stored value card sold or purchased, including, if available, the name of the original issuer, the face value of the stored value card when sold or purchased, the acquired price of the stored value card, and the stored value card serial number;
(C) Pin numbers shall be provided for specific individuals upon the request of law enforcement; and
(D) A signed statement or digital affirmation by the seller of the stored value card, if applicable, verifying that the seller is the rightful owner of the stored value card or is authorized to sell, consign, or trade the stored value card.
(2) If the transaction is completed in person or by any method other than in a kiosk or online, the record shall include: (A) The information required in subdivision (f)(1); (B) A copy, digital swipe, or scan of a valid government issued identification card, such as a driver license, state identification card, or military identification card, of the person who purchased the stored value card, or the person to whom stored value card was sold; (C) A thumbprint of the person who sold the stored value card; and (D) A description of the person who sold the stored value card including the person's full name, current residential address, phone number, height, weight, date of birth, or other identifying marks.
(A) The information required in subdivision (f)(1);
(B) A copy, digital swipe, or scan of a valid government issued identification card, such as a driver license, state identification card, or military identification card, of the person who purchased the stored value card, or the person to whom stored value card was sold;
(C) A thumbprint of the person who sold the stored value card; and
(D) A description of the person who sold the stored value card including the person's full name, current residential address, phone number, height, weight, date of birth, or other identifying marks.
(3) If the transaction is completed at a kiosk, the record shall include: (A) The information required in subdivision (f)(1); (B) A digital swipe or scan of a valid government issued identification card, such as a driver license, state identification card, or military identification card, of the person who purchased the stored value card, or sold the stored value card; and (C) A thumbprint of the person who sold the stored value card.
(A) The information required in subdivision (f)(1);
(B) A digital swipe or scan of a valid government issued identification card, such as a driver license, state identification card, or military identification card, of the person who purchased the stored value card, or sold the stored value card; and
(C) A thumbprint of the person who sold the stored value card.
(4) If the transaction is completed online the record shall include: (A) The information required by subdivision (f)(1); (B) A verified email address; (C) The IP address or digital device identification used to access the website or app of the seller; (D) Data collected about the person who purchased the stored value card, or sold the stored value card, including name and mailing address used to remit payment; and (E) A token identifier for a validated credit or debit card and billing zip code.
(A) The information required by subdivision (f)(1);
(B) A verified email address;
(C) The IP address or digital device identification used to access the website or app of the seller;
(D) Data collected about the person who purchased the stored value card, or sold the stored value card, including name and mailing address used to remit payment; and
(E) A token identifier for a validated credit or debit card and billing zip code.
(5) Local law enforcement agencies shall notify merchants known to sell stored value cards of the recording and reporting requirements required by subdivisions (f)(1)-(4). The notification to merchants shall be in writing and shall state the law enforcement agency's policy regarding how the information is to be reported in the applicable jurisdiction and certify that any data collected from the merchant will be stored in a secure and confidential manner. All records shall be delivered to the appropriate law enforcement agency or its designated reporting database in an electronic or other report format approved by that same agency within twenty-four (24) hours from the date of the transaction. The information shall be stored on a law enforcement owned, operated, and housed server. Any gift card database software should be free for state law enforcement agencies; state, county, and city government agencies; and for the merchants that are reporting.
(6) (A) A merchant commits a Class A misdemeanor who knowingly fails to follow the reporting and recording requirements pursuant to this subsection (f). However, for a merchant to be charged or convicted under this subsection (f), the law enforcement agency must have first notified the merchant in writing of the reporting obligations in that jurisdiction. If the violation is committed by the owner, stockholder, or managing partner of a business selling a stored value card, then the business license may be suspended or revoked at the discretion of the city or county clerk. (B) Any person who knowingly provides false information in response to the reporting requirements of this section commits a Class A misdemeanor. (C) Any fines derived from violations of this subsection (f) shall be earmarked for law enforcement purposes if the law enforcement entity shows proof of notification of reporting requirements signed by the person or agent of the entity in violation.
(A) A merchant commits a Class A misdemeanor who knowingly fails to follow the reporting and recording requirements pursuant to this subsection (f). However, for a merchant to be charged or convicted under this subsection (f), the law enforcement agency must have first notified the merchant in writing of the reporting obligations in that jurisdiction. If the violation is committed by the owner, stockholder, or managing partner of a business selling a stored value card, then the business license may be suspended or revoked at the discretion of the city or county clerk.
(B) Any person who knowingly provides false information in response to the reporting requirements of this section commits a Class A misdemeanor.
(C) Any fines derived from violations of this subsection (f) shall be earmarked for law enforcement purposes if the law enforcement entity shows proof of notification of reporting requirements signed by the person or agent of the entity in violation.
(7) Notwithstanding this section to the contrary, the comptroller of the treasury is authorized to request and receive from a law enforcement agency any data or information received by the law enforcement agency pursuant to this subsection (f).
(g) All information gathered pursuant to subsection (f) shall remain confidential. If a local law enforcement agency utilizes a third party, including, but not limited to, a third-party database or software company, to keep records or to analyze stored value card transactions, the third party must agree to keep all information confidential and only share the information with law enforcement agencies, the comptroller of the treasury, or the original issuer of the stored value card.
Amended by 2020 Tenn. Acts, ch. 620, s 1, eff. 7/1/2020.
Amended by 2018 Tenn. Acts, ch. 993, Secs.s 2, s 3, s 4 eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 993, s 1, eff. 7/1/2018.
Added by 2017 Tenn. Acts, ch. 472, s 1, eff. 7/1/2017.
Tenn. Code Ann. § 39-16-202 — TN Code / Title 39 / Chapter 16 / Section 39-16-202
Warden or chief administrative officer's duty to report offenses - Violation
Status: in_force

(a) (1) A warden or chief administrative officer employed by a penal institution, as defined in § 39-16-601 , or the warden or administrative officer's designee, who knows that an offense enumerated in subdivision (a)(2) has occurred within the penal institution shall report the offense to the district attorney general for the judicial district in which the penal institution is located and the district attorney general who prosecuted the offense for which the offender is incarcerated within five (5) business days of becoming aware of the offense being committed. (2) Subdivision (a)(1) applies to the following offenses: (A) Aggravated assault, as defined in § 39-13-102 ; (B) First degree murder, as defined in § 39-13-202 ; (C) Second degree murder, as defined in § 39-13-210 ; (D) Voluntary manslaughter, as defined in § 39-13-211 ; (E) Criminally negligent homicide, as defined in § 39-13-212 ; (F) Aggravated rape, as defined in § 39-13-502 ; (G) Rape, as defined in § 39-13-503 ; (H) Aggravated sexual battery, as defined in § 39-13-504 ; (I) Sexual battery, as defined in § 39-13-505 ; and (J) Indecent exposure, as defined in § 39-13-511(c) . (b) A violation of this section is a Class A misdemeanor. Added by 2023 Tenn. Acts, ch. 347, s 1, eff. 7/1/2023.
(a) (1) A warden or chief administrative officer employed by a penal institution, as defined in § 39-16-601 , or the warden or administrative officer's designee, who knows that an offense enumerated in subdivision (a)(2) has occurred within the penal institution shall report the offense to the district attorney general for the judicial district in which the penal institution is located and the district attorney general who prosecuted the offense for which the offender is incarcerated within five (5) business days of becoming aware of the offense being committed. (2) Subdivision (a)(1) applies to the following offenses: (A) Aggravated assault, as defined in § 39-13-102 ; (B) First degree murder, as defined in § 39-13-202 ; (C) Second degree murder, as defined in § 39-13-210 ; (D) Voluntary manslaughter, as defined in § 39-13-211 ; (E) Criminally negligent homicide, as defined in § 39-13-212 ; (F) Aggravated rape, as defined in § 39-13-502 ; (G) Rape, as defined in § 39-13-503 ; (H) Aggravated sexual battery, as defined in § 39-13-504 ; (I) Sexual battery, as defined in § 39-13-505 ; and (J) Indecent exposure, as defined in § 39-13-511(c) .
(1) A warden or chief administrative officer employed by a penal institution, as defined in § 39-16-601 , or the warden or administrative officer's designee, who knows that an offense enumerated in subdivision (a)(2) has occurred within the penal institution shall report the offense to the district attorney general for the judicial district in which the penal institution is located and the district attorney general who prosecuted the offense for which the offender is incarcerated within five (5) business days of becoming aware of the offense being committed.
(2) Subdivision (a)(1) applies to the following offenses: (A) Aggravated assault, as defined in § 39-13-102 ; (B) First degree murder, as defined in § 39-13-202 ; (C) Second degree murder, as defined in § 39-13-210 ; (D) Voluntary manslaughter, as defined in § 39-13-211 ; (E) Criminally negligent homicide, as defined in § 39-13-212 ; (F) Aggravated rape, as defined in § 39-13-502 ; (G) Rape, as defined in § 39-13-503 ; (H) Aggravated sexual battery, as defined in § 39-13-504 ; (I) Sexual battery, as defined in § 39-13-505 ; and (J) Indecent exposure, as defined in § 39-13-511(c) .
(A) Aggravated assault, as defined in § 39-13-102 ;
(B) First degree murder, as defined in § 39-13-202 ;
(C) Second degree murder, as defined in § 39-13-210 ;
(D) Voluntary manslaughter, as defined in § 39-13-211 ;
(E) Criminally negligent homicide, as defined in § 39-13-212 ;
(F) Aggravated rape, as defined in § 39-13-502 ;
(G) Rape, as defined in § 39-13-503 ;
(H) Aggravated sexual battery, as defined in § 39-13-504 ;
(I) Sexual battery, as defined in § 39-13-505 ; and
(J) Indecent exposure, as defined in § 39-13-511(c) .
(b) A violation of this section is a Class A misdemeanor.
Added by 2023 Tenn. Acts, ch. 347, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 39-13-515 — TN Code / Title 39 / Chapter 13 / Section 39-13-515
Promoting prostitution - Unacceptable defenses
Status: in_force

(a) A person commits an offense under this section: (1) Who promotes prostitution; or (2) Who promotes prostitution where the subject of the offense is a law enforcement officer or is a law enforcement officer eighteen (18) years of age or older posing as a minor. (b) Except as provided in subsection (c), promoting prostitution is a Class E felony. (c) Promoting prostitution of a person more than twelve (12) years of age but less than eighteen (18) years of age or a person with an intellectual disability as defined in § 33-1-101 is a Class A felony. (d) It is not a defense to a violation of this section that: (1) The subject of the offense is a law enforcement officer; (2) The victim of the offense is a minor and consented to the offense; or (3) The solicitation was unsuccessful, the conduct solicited was not engaged in, or a law enforcement officer could not engage in the solicited offense. Acts 1989, ch. 591, § 1; 2011, ch. 377, § 4; 2013, ch. 485, § 1; 2014, ch. 646, § 1; 2018, ch. 1019, § 1; 2019, ch. 123, §§ 5, 6; 2022, ch. 1089, § 6; 2022, ch. 1115, § 22.
(a) A person commits an offense under this section: (1) Who promotes prostitution; or (2) Who promotes prostitution where the subject of the offense is a law enforcement officer or is a law enforcement officer eighteen (18) years of age or older posing as a minor.
(1) Who promotes prostitution; or
(2) Who promotes prostitution where the subject of the offense is a law enforcement officer or is a law enforcement officer eighteen (18) years of age or older posing as a minor.
(b) Except as provided in subsection (c), promoting prostitution is a Class E felony.
(c) Promoting prostitution of a person more than twelve (12) years of age but less than eighteen (18) years of age or a person with an intellectual disability as defined in § 33-1-101 is a Class A felony.
(d) It is not a defense to a violation of this section that: (1) The subject of the offense is a law enforcement officer; (2) The victim of the offense is a minor and consented to the offense; or (3) The solicitation was unsuccessful, the conduct solicited was not engaged in, or a law enforcement officer could not engage in the solicited offense.
(1) The subject of the offense is a law enforcement officer;
(2) The victim of the offense is a minor and consented to the offense; or
(3) The solicitation was unsuccessful, the conduct solicited was not engaged in, or a law enforcement officer could not engage in the solicited offense.
Acts 1989, ch. 591, § 1; 2011, ch. 377, § 4; 2013, ch. 485, § 1; 2014, ch. 646, § 1; 2018, ch. 1019, § 1; 2019, ch. 123, §§ 5, 6; 2022, ch. 1089, § 6; 2022, ch. 1115, § 22.
Tenn. Code Ann. § 39-14-405 — TN Code / Title 39 / Chapter 14 / Section 39-14-405
Criminal trespass
Status: in_force

(a) A person commits criminal trespass if the person enters or remains on property, or any portion of property, without the consent of the owner. Consent may be inferred in the case of property that is used for commercial activity available to the general public or in the case of other property when the owner has communicated the owner's intent that the property be open to the general public. (b) It is a defense to prosecution under this section that: (1) A person entered or remained on property that the person reasonably believed to be property for which the owner's consent to enter had been granted; (2) The person's conduct did not substantially interfere with the owner's use of the property; and (3) The person immediately left the property upon request. (c) The defenses to prosecution set out in subsection (b) shall not be applicable to a person violating this section if the property owner: (1) Posts the property with signs that are visible at all major points of ingress to the property being posted and the signs are reasonably likely to come to the attention of a person entering the property; or (2) Places identifying purple paint marks on trees or posts on the property; provided, that at least one (1) sign is posted at a major point of ingress to the property in a manner that is reasonably likely to come to the attention of a person entering the property and that the sign includes language describing that the use of purple paint signifies "no trespassing." If purple paint is used, then purple paint must be vertical lines of not less than eight inches (8") in length and not less than one inch (1") in width; placed so that the bottom of the mark is not less than three feet (3') or more than five feet (5') from the ground; and placed at locations that are reasonably likely to come to the attention of a person entering the property. (d) For purposes of this section, "enter" means intrusion of the entire body or when a person causes an unmanned aircraft to enter that portion of the airspace above the owner's land not regulated as navigable airspace by the federal aviation administration. (e) Entering or remaining on railroad or utility right-of-way property by an adjoining landowner for usual and customary activities of the type defined in §§ 1-3-105(a)(2)(A)(i) and (ii), (B) and (C) and 43-1-113(a), (b)(1)(A) and (B), (b)(2) and (b)(3) shall not be considered trespass under this section. This subsection (e) shall not apply if the railroad or utility right-of-way owner, by a personal communication or posting at the site by someone with either actual authority or apparent authority to act for the railroad or utility right-of-way owner, has communicated to the adjoining landowner that the activity is not permitted. (f) (1) The secretary of state shall establish a no trespass public notice list identifying employers in this state who have requested established private property rights to be recognized and recorded against a trespasser under subsection (a). (2) To be included on the list, an employer shall provide to the secretary of state copies of appropriate documents that establish the employer's private property rights, including the address and legal description of the property to which it has legal control. An employer that records its private property rights shall pay a recording fee as determined by the secretary of state. (3) Beginning January 15, 2015, and every January 15 and July 15 thereafter, the secretary of state shall: (A) Make the list available to the public in the office of the secretary of state and publish the list on the website maintained by the secretary of state; and (B) Distribute the no trespass public notice list to every law enforcement agency in this state. (4) Publication of the no trespass public notice list as prescribed in subdivision (f)(3) establishes a presumption that members of the general public have notice of the establishment of private property rights of all employers and properties listed. (5) Each law enforcement agency in this state shall maintain the most recent no trespass public notice list received from the secretary of state for its use in responding to complaints of criminal trespass under subsection (a). If a property is identified on the list, the responding law enforcement officer: (A) Is not required to further establish an employer's property rights before taking action against a person committing criminal trespass; and (B) May take appropriate and lawful action against a person committing criminal trespass to have such person leave the property or cease blocking ingress to or egress from the property. (6) If the employer's property is listed on the no trespass public notice list, an owner may seek an expedited injunction to restrain repeated or continuing trespass. (7) This subsection (f) shall not affect or limit any existing rights of an owner whose property is not included on the no trespass public notice list. (g) Criminal trespass is a Class C misdemeanor. (h) For purposes of this section, there shall be no inference of the owner's consent nor shall the defense in subsection (b) be available to a person entering and remaining on the grounds, or in the common areas, such as lobbies, hallways, courtyards, and parking lots, of a housing or apartment complex having signs posted in compliance with subsection (c) unless the person: (1) Has the actual consent of the owner; (2) May lawfully enter the property by virtue of the person's occupational duties; or (3) Has a contractual right to enter the property or is an invitee of someone with a contractual right to make invitations to enter the property. Amended by 2017 Tenn. Acts, ch. 286,s 1, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 135,s 1, eff. 7/1/2017. Amended by 2014 Tenn. Acts, ch. 956,s 1, eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 876,s 9, eff. 7/1/2014. Acts 1989, ch. 591, § 1; 2005, ch. 297, §§ 1 - 3; 2009, ch. 510, § 1.
(a) A person commits criminal trespass if the person enters or remains on property, or any portion of property, without the consent of the owner. Consent may be inferred in the case of property that is used for commercial activity available to the general public or in the case of other property when the owner has communicated the owner's intent that the property be open to the general public.
(b) It is a defense to prosecution under this section that: (1) A person entered or remained on property that the person reasonably believed to be property for which the owner's consent to enter had been granted; (2) The person's conduct did not substantially interfere with the owner's use of the property; and (3) The person immediately left the property upon request.
(1) A person entered or remained on property that the person reasonably believed to be property for which the owner's consent to enter had been granted;
(2) The person's conduct did not substantially interfere with the owner's use of the property; and
(3) The person immediately left the property upon request.
(c) The defenses to prosecution set out in subsection (b) shall not be applicable to a person violating this section if the property owner: (1) Posts the property with signs that are visible at all major points of ingress to the property being posted and the signs are reasonably likely to come to the attention of a person entering the property; or (2) Places identifying purple paint marks on trees or posts on the property; provided, that at least one (1) sign is posted at a major point of ingress to the property in a manner that is reasonably likely to come to the attention of a person entering the property and that the sign includes language describing that the use of purple paint signifies "no trespassing." If purple paint is used, then purple paint must be vertical lines of not less than eight inches (8") in length and not less than one inch (1") in width; placed so that the bottom of the mark is not less than three feet (3') or more than five feet (5') from the ground; and placed at locations that are reasonably likely to come to the attention of a person entering the property.
(1) Posts the property with signs that are visible at all major points of ingress to the property being posted and the signs are reasonably likely to come to the attention of a person entering the property; or
(2) Places identifying purple paint marks on trees or posts on the property; provided, that at least one (1) sign is posted at a major point of ingress to the property in a manner that is reasonably likely to come to the attention of a person entering the property and that the sign includes language describing that the use of purple paint signifies "no trespassing." If purple paint is used, then purple paint must be vertical lines of not less than eight inches (8") in length and not less than one inch (1") in width; placed so that the bottom of the mark is not less than three feet (3') or more than five feet (5') from the ground; and placed at locations that are reasonably likely to come to the attention of a person entering the property.
(d) For purposes of this section, "enter" means intrusion of the entire body or when a person causes an unmanned aircraft to enter that portion of the airspace above the owner's land not regulated as navigable airspace by the federal aviation administration.
(e) Entering or remaining on railroad or utility right-of-way property by an adjoining landowner for usual and customary activities of the type defined in §§ 1-3-105(a)(2)(A)(i) and (ii), (B) and (C) and 43-1-113(a), (b)(1)(A) and (B), (b)(2) and (b)(3) shall not be considered trespass under this section. This subsection (e) shall not apply if the railroad or utility right-of-way owner, by a personal communication or posting at the site by someone with either actual authority or apparent authority to act for the railroad or utility right-of-way owner, has communicated to the adjoining landowner that the activity is not permitted.
(f) (1) The secretary of state shall establish a no trespass public notice list identifying employers in this state who have requested established private property rights to be recognized and recorded against a trespasser under subsection (a). (2) To be included on the list, an employer shall provide to the secretary of state copies of appropriate documents that establish the employer's private property rights, including the address and legal description of the property to which it has legal control. An employer that records its private property rights shall pay a recording fee as determined by the secretary of state. (3) Beginning January 15, 2015, and every January 15 and July 15 thereafter, the secretary of state shall: (A) Make the list available to the public in the office of the secretary of state and publish the list on the website maintained by the secretary of state; and (B) Distribute the no trespass public notice list to every law enforcement agency in this state. (4) Publication of the no trespass public notice list as prescribed in subdivision (f)(3) establishes a presumption that members of the general public have notice of the establishment of private property rights of all employers and properties listed. (5) Each law enforcement agency in this state shall maintain the most recent no trespass public notice list received from the secretary of state for its use in responding to complaints of criminal trespass under subsection (a). If a property is identified on the list, the responding law enforcement officer: (A) Is not required to further establish an employer's property rights before taking action against a person committing criminal trespass; and (B) May take appropriate and lawful action against a person committing criminal trespass to have such person leave the property or cease blocking ingress to or egress from the property. (6) If the employer's property is listed on the no trespass public notice list, an owner may seek an expedited injunction to restrain repeated or continuing trespass. (7) This subsection (f) shall not affect or limit any existing rights of an owner whose property is not included on the no trespass public notice list.
(1) The secretary of state shall establish a no trespass public notice list identifying employers in this state who have requested established private property rights to be recognized and recorded against a trespasser under subsection (a).
(2) To be included on the list, an employer shall provide to the secretary of state copies of appropriate documents that establish the employer's private property rights, including the address and legal description of the property to which it has legal control. An employer that records its private property rights shall pay a recording fee as determined by the secretary of state.
(3) Beginning January 15, 2015, and every January 15 and July 15 thereafter, the secretary of state shall: (A) Make the list available to the public in the office of the secretary of state and publish the list on the website maintained by the secretary of state; and (B) Distribute the no trespass public notice list to every law enforcement agency in this state.
(A) Make the list available to the public in the office of the secretary of state and publish the list on the website maintained by the secretary of state; and
(B) Distribute the no trespass public notice list to every law enforcement agency in this state.
(4) Publication of the no trespass public notice list as prescribed in subdivision (f)(3) establishes a presumption that members of the general public have notice of the establishment of private property rights of all employers and properties listed.
(5) Each law enforcement agency in this state shall maintain the most recent no trespass public notice list received from the secretary of state for its use in responding to complaints of criminal trespass under subsection (a). If a property is identified on the list, the responding law enforcement officer: (A) Is not required to further establish an employer's property rights before taking action against a person committing criminal trespass; and (B) May take appropriate and lawful action against a person committing criminal trespass to have such person leave the property or cease blocking ingress to or egress from the property.
(A) Is not required to further establish an employer's property rights before taking action against a person committing criminal trespass; and
(B) May take appropriate and lawful action against a person committing criminal trespass to have such person leave the property or cease blocking ingress to or egress from the property.
(6) If the employer's property is listed on the no trespass public notice list, an owner may seek an expedited injunction to restrain repeated or continuing trespass.
(7) This subsection (f) shall not affect or limit any existing rights of an owner whose property is not included on the no trespass public notice list.
(g) Criminal trespass is a Class C misdemeanor.
(h) For purposes of this section, there shall be no inference of the owner's consent nor shall the defense in subsection (b) be available to a person entering and remaining on the grounds, or in the common areas, such as lobbies, hallways, courtyards, and parking lots, of a housing or apartment complex having signs posted in compliance with subsection (c) unless the person: (1) Has the actual consent of the owner; (2) May lawfully enter the property by virtue of the person's occupational duties; or (3) Has a contractual right to enter the property or is an invitee of someone with a contractual right to make invitations to enter the property.
(1) Has the actual consent of the owner;
(2) May lawfully enter the property by virtue of the person's occupational duties; or
(3) Has a contractual right to enter the property or is an invitee of someone with a contractual right to make invitations to enter the property.
Amended by 2017 Tenn. Acts, ch. 286,s 1, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 135,s 1, eff. 7/1/2017.
Amended by 2014 Tenn. Acts, ch. 956,s 1, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 876,s 9, eff. 7/1/2014.
Acts 1989, ch. 591, § 1; 2005, ch. 297, §§ 1 - 3; 2009, ch. 510, § 1.
Tenn. Code Ann. § 39-13-101 — TN Code / Title 39 / Chapter 13 / Section 39-13-101
Assault
Status: in_force

(a) A person commits assault who: (1) Intentionally, knowingly or recklessly causes bodily injury to another; (2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or (3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative. (b) (1) Assault under: (A) Subdivision (a)(1) is a Class A misdemeanor, punishable by incarceration and a fine not to exceed fifteen thousand dollars ($15,000); (B) Subdivision (a)(2) is a Class A misdemeanor; and (C) Subdivision (a)(3) is a Class B misdemeanor. (2) Any conduct by an inmate against a correctional officer, guard, jailer, or other full-time employee of a penal institution, local jail, or workhouse, that would constitute an assault under subdivision (a)(1) shall be reported by the managing authority of the institution to the appropriate district attorney general for prosecution. (3) In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such that the victim is a domestic abuse victim as defined in § 36-3-601 , and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but no less than one hundred dollars ($100) and not in excess of two hundred dollars ($200). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. Such appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411 . (c) For purposes of this section and § 39-13-102 , "health care provider" means a person who is licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business in the practicing of a profession. Amended by 2020 Tenn. Acts, ch. 756, s 1, eff. 7/1/2020. Amended by 2018 Tenn. Acts, ch. 925, s 1, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 1052, s 1, eff. 4/28/2016. Amended by 2013 Tenn. Acts, ch. 325, s 1, eff. 7/1/2013. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 11; 2002, ch. 649, § 1; 2009 , ch. 412, § 1; 2010 , ch. 981, § 2.
(a) A person commits assault who: (1) Intentionally, knowingly or recklessly causes bodily injury to another; (2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or (3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.
(1) Intentionally, knowingly or recklessly causes bodily injury to another;
(2) Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
(3) Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.
(b) (1) Assault under: (A) Subdivision (a)(1) is a Class A misdemeanor, punishable by incarceration and a fine not to exceed fifteen thousand dollars ($15,000); (B) Subdivision (a)(2) is a Class A misdemeanor; and (C) Subdivision (a)(3) is a Class B misdemeanor. (2) Any conduct by an inmate against a correctional officer, guard, jailer, or other full-time employee of a penal institution, local jail, or workhouse, that would constitute an assault under subdivision (a)(1) shall be reported by the managing authority of the institution to the appropriate district attorney general for prosecution. (3) In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such that the victim is a domestic abuse victim as defined in § 36-3-601 , and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but no less than one hundred dollars ($100) and not in excess of two hundred dollars ($200). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. Such appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411 .
(1) Assault under: (A) Subdivision (a)(1) is a Class A misdemeanor, punishable by incarceration and a fine not to exceed fifteen thousand dollars ($15,000); (B) Subdivision (a)(2) is a Class A misdemeanor; and (C) Subdivision (a)(3) is a Class B misdemeanor.
(A) Subdivision (a)(1) is a Class A misdemeanor, punishable by incarceration and a fine not to exceed fifteen thousand dollars ($15,000);
(B) Subdivision (a)(2) is a Class A misdemeanor; and
(C) Subdivision (a)(3) is a Class B misdemeanor.
(2) Any conduct by an inmate against a correctional officer, guard, jailer, or other full-time employee of a penal institution, local jail, or workhouse, that would constitute an assault under subdivision (a)(1) shall be reported by the managing authority of the institution to the appropriate district attorney general for prosecution.
(3) In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such that the victim is a domestic abuse victim as defined in § 36-3-601 , and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but no less than one hundred dollars ($100) and not in excess of two hundred dollars ($200). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. Such appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411 .
(c) For purposes of this section and § 39-13-102 , "health care provider" means a person who is licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business in the practicing of a profession.
Amended by 2020 Tenn. Acts, ch. 756, s 1, eff. 7/1/2020.
Amended by 2018 Tenn. Acts, ch. 925, s 1, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 1052, s 1, eff. 4/28/2016.
Amended by 2013 Tenn. Acts, ch. 325, s 1, eff. 7/1/2013.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 11; 2002, ch. 649, § 1; 2009 , ch. 412, § 1; 2010 , ch. 981, § 2.