Tenn. Code Ann. § 39-14-149 — TN Code / Title 39 / Chapter 14 / Section 39-14-149
Communication theft - Sale of illegal devices - Penalties - Mitigating factors - Aggravating factors - Multipurpose devices
Status: in_force

(a) A person commits communication theft who, with the intent to defraud a communication service provider of any lawful compensation for providing a communication service, knowingly: (1) Acquires, transmits, or retransmits a communication service; (2) Makes, distributes, possesses with the intent to distribute or uses a communication device or modifies, programs or reprograms a communication device in such a manner that it is designed, adapted for use or used for the commission of communication theft in violation of subdivision (a)(1); (3) Makes or maintains any modification or alteration to any communication device installed with the express authorization of a communication service provider for the purpose of intercepting any program or other service carried by the provider that the person is not authorized by the provider to receive; (4) Makes or maintains connections, whether physical, electrical, acoustical or by any other means, with cables, wires, components or other devices used for the distribution of communication services without the authority of the communication services provider; (5) Sells, possesses, or otherwise delivers to another or offers for sale any: (A) Communication device or unlawful access device, or plans or instructions for making the same, under circumstances evincing an intent to use the communication device or unlawful access device, or to allow the same to be used, for a purpose prohibited by this section; or (B) Material, including hardware, cables, tools, data, computer software or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture or development of a communication device or unlawful access device in violation of this section; (6) Publishes the number or code of an existing, cancelled, revoked or nonexistent telephone number, credit number or other credit device, or method of numbering or coding which is employed in the issuance of telephone numbers, credit numbers or other credit devices knowing that it may be used to avoid the payment of any lawful telephone or telegraph toll charge under circumstances evincing an intent to have the telephone number, credit number, credit device or method of numbering or coding so used; or (7) Assists another in committing an act prohibited by this section in a manner that would make such person criminally responsible for the act under § 39-11-402 . (b) Any communication device or unlawful access device and other related items and equipment pertaining to a violation of this section may be seized under warrant or incident to a lawful arrest. Upon conviction for such a violation, the court may order the sheriff of the county in which the person was convicted to destroy as contraband or to otherwise lawfully dispose of any devices or other related items used in violation of this section. (c) If conduct that violates this section: (1) Also constitutes a violation of § 39-14-104 relative to theft of services, that conduct may be prosecuted under either, but not both, statutes as provided in § 39-11-109 ; and (2) Is either commenced or consummated in this state, that conduct may be prosecuted in this state as provided in § 39-11-103 . (d) (1) A violation of this section shall be punished as theft and graded in accordance with § 39-14-105 . (2) A person's first violation of this section shall be punished by fine only if the value of the services obtained is less than one thousand dollars ($1,000). However, the trier of fact may impose a fine of double the amount otherwise authorized by § 40-35-111 for the appropriate offense class. (3) (A) Except as provided in subdivision (d)(3)(B), each communication device or unlawful access device involved in a violation of this section shall constitute a separate offense and each activity prohibited by this section found to have occurred shall constitute a separate offense regardless of whether the activity involves one (1) or more than one (1) communication device or unlawful access device. (B) If a defendant commits multiple violations of this section but such violations represent a single, continuous course of conduct by the defendant, such multiple violations, shall, for purposes of this section, be considered one (1) violation and shall be punished as such. (4) In addition to any other sentence authorized by this section, the court may order a person convicted of violating this section to make restitution for the offense in accordance with the procedure set out in § 40-35-304 . (e) (1) (A) A communication service provider aggrieved by a violation of this section may institute a civil action in any court of competent jurisdiction to obtain appropriate relief. Whether the conduct giving rise to a violation of this section occurs wholly in this state, is commenced outside the state but consummated in this state, or is commenced in this state but consummated outside this state, venue for the action shall be in any county in which conduct constituting a violation of this section occurs. (B) An action shall be filed within two (2) years of the aggrieved communication service provider's actual knowledge of the violation, but in no event shall the action be filed more than five (5) years from the date of the violation. (2) The court, in its discretion: (A) May award declaratory relief and other equitable remedies, including preliminary and final injunctions to prevent or restrain violations of this section; (B) At any time while an action is pending, on the terms it deems reasonable, may order the impounding of any communication device or unlawful access device that is in the custody or control of the violator and that the court has reasonable cause to believe was involved in the alleged violation of this section; (C) Award actual or statutory damages as authorized in subdivision (e)(3); and (D) As part of a final judgment or decree finding a violation of this section, order the remedial modification or destruction of any communication device or unlawful access device, or any other devices or equipment involved in the violation, that is in the custody or control of the violator, or that has been impounded under subdivision (e)(2)(B). (3) At any time before final judgment is entered, the aggrieved party may elect to have any damages that may be awarded to that party computed according to either of the following methods: (A) The actual damages suffered by the party as a result of violations of this section and all profits of the violator that are attributable to all violations of this section against the aggrieved party; (B) (i) Except as provided in subdivision (e)(3)(B)(ii), in lieu of actual damages and the violator's profits as provided in subdivision (e)(3)(A), statutory damages in an amount of not less than seven hundred fifty dollars ($750) nor more than five thousand dollars ($5,000) may be awarded for each communication device or unlawful access device involved in the action or each violation of this section found to have occurred. The trier of fact shall determine the appropriate amount of statutory damages from within the range available in this subdivision (e)(3)(B) as it deems equitable and just; (ii) If a person commits multiple violations of this section but the violations represent a single, continuous course of conduct by that person, those multiple violations, shall, for purposes of this section, be considered one (1) violation and statutory damages awarded as such; (C) Notwithstanding subdivision (e)(3)(B), if the trier of fact finds that there are mitigating factors present as to a particular defendant's involvement in a violation of this section, it may reduce the amount of statutory damages awarded below the minimum amount established in subdivision (e)(3)(B). Mitigating factors may include, but shall not be limited to: (i) The defendant's role in the violation was minor; (ii) The defendant assisted the aggrieved party in uncovering violations of this section committed by other persons or in detecting other persons who had committed violations of this section; (iii) The defendant assisted the aggrieved party in locating other communication devices, unlawful access devices or equipment used to violate this section; (iv) The defendant's violation of this section was committed solely for personal or household use; (v) The defendant acted under a good faith belief that the defendant's violations of this section were lawful and ceased the violations upon learning that they were not; and (vi) Any other factor consistent with this subdivision (e)(3)(C) that would cause the trier of fact to believe that the interests of justice require the amount of damages awarded to be below the statutory minimum set out in subdivision (e)(3)(B); (D) Notwithstanding subdivision (e)(3)(B), if the trier of fact finds that there are aggravating factors present as to a particular defendant's involvement in a violation of this section, it may increase the amount of damages awarded up to an amount not to exceed fifty thousand dollars ($50,000). Aggravating factors may include, but shall not be limited to: (i) The defendant committed the offense willfully and for the purpose of commercial advantage or financial gain; (ii) The defendant has a previous history of committing communication theft whether in this state, another state or under federal jurisdiction; (iii) The defendant was the leader in the commission of a violation of this section involving two (2) or more other parties; (iv) Violations of this section were also committed against other communication service providers on or about the same time as the violations against the aggrieved party; (v) The value of the services taken from or damage done to the aggrieved party was particularly great; and (vi) Any other factor consistent with this subdivision (e)(3)(D) that would cause the trier of fact to believe that the interests of justice require the amount of damages awarded be in excess of the statutory maximum set out in subdivision (e)(3)(B) or that the amount should be added to any actual damages proven; and (E) If the defendant prevails in a civil action brought pursuant to this section, the court may tax all costs of the action against the plaintiff and award the defendant reasonable attorney fees and the reasonable costs of defending the action if the court finds that the plaintiff brought the action: (i) In bad faith; and (ii) For the purpose of impeding or stifling lawful competition; or (iii) For the purpose of harassing or intimidating lawful competition. (f) This section shall not be construed to prohibit: (1) The manufacture, use, advertisement or sale of a multipurpose device, or the possession of a multipurpose device for any of the purposes mentioned in this section, unless the person acts with the intent required to violate this section and the person knows that: (A) The primary use or purpose for which the device was designed, manufactured, sold or licensed is for a violation of this section; (B) The device has only a limited commercially significant purpose or use other than as an unlawful access device or for the commission of a violation of this section; or (C) The device is marketed by that person or another acting in concert with that person and with that person's knowledge, for use as an unlawful access device or for the purpose of committing a violation of this section; (2) The use of a communication device to connect one (1) or more multipurpose devices at the person's residence or business premises, unless the device causes substantial electronic or physical harm to the communication service provider's network, system or facility; and (3) The use of a communication device that is not selected by a communication service provider, unless the device causes substantial electronic or physical harm to the communication service provider's network, system or facility. (g) Breach of a service contract between a person and a communication service provider that establishes terms and conditions for the attachment of a communication device to a communication service provider's network, system, or facility shall not, in and of itself, be sufficient proof that the person acted with the intent required to commit a violation of this section. However, conduct that constitutes a breach of a service contract may also constitute a violation of this section if the person knowingly commits an act prohibited by this section with the intent to defraud a communication service provider of any lawful compensation for providing a communication service. (h) (1) Notwithstanding any other provision of this section or language contained in this section to the contrary, a person does not commit either a civil or criminal violation of this section unless the person acts with the intent to defraud, as defined in subdivision (i)(4), a communication service provider of any lawful compensation for providing a communication service in conjunction with some other conduct prohibited by this section. (2) Notwithstanding any other provision of this section to the contrary, any entity that has a collectively bargained contract that provides for residual payments to performers, or any entity that licenses the public performing rights with a communications service provider and who is engaged in the distribution of royalty or residual payments, operating in the ordinary course of business to monitor residual payments or the performing right in musical works, sound recordings or audiovisual works provided by a communication service provider, may engage in those monitoring activities under this section where the activities are intended and carried out for the sole purpose of distributing royalties or residuals to songwriters, music publishers, artists or performers or monitoring unauthorized performances. (3) Nothing in this section shall be construed to prohibit a nonprofit library, archive, or educational institution from engaging in circulation, course reserves, and inter-library and other lending services; classroom and instructional uses; or archiving and preservation to the extent those activities are permitted under the federal copyright law as compiled in title 17 of the United States Code. (i) As used in this section, unless the context otherwise requires: (1) "Communication device" means any: (A) Machine, equipment, technology or software that is capable of intercepting, transmitting, retransmitting, decrypting or receiving a communication service, or any part thereof; or (B) Computer circuit or chip, electronic mechanism or other component that is capable of facilitating the interception, transmission, retransmission, decryption, or reception of any communication service; (2) "Communication service" means any service lawfully provided for a charge or compensation to facilitate the lawful origination, transmission, emission or reception of signs, signals, data, writings, images and sounds or intelligence of any nature by telephone of any type, wire, wireless, radio, electromagnetic, photoelectronic or photo-optical systems, networks or facilities; and any service lawfully provided for a charge or compensation by any radio, photo-optical, electromagnetic, photoelectronic, electric power, fiber optic, cable television, satellite, microwave, data transmission, wireless or internet-based distribution system, network or facility, including, but not limited to, any and all electronic, data, video, audio, internet access, telephonic, microwave and radio communications, transmissions, signals and services, and any such communications, transmissions, signals and services lawfully provided directly or indirectly by or through any of the systems mentioned in this subdivision (i)(2), networks or facilities; (3) "Communication service provider" means any person or entity: (A) Providing a communication service, whether directly or indirectly as a reseller, that, for a fee, supplies the facility, cell site, mobile telephone switching office or other equipment or communication service; (B) Owning or operating any fiber optic, photo-optical, electromagnetic, photoelectronic, cable television, satellite, internet-based, telephone, wireless, microwave, data transmission or radio distribution system, network or facility; or (C) Providing any communication service directly or indirectly by or through any such distribution systems, networks or facilities; (4) "Intent to defraud" means a person uses, in whole or in part, deceit, trickery, misrepresentation or subterfuge for the purpose of depriving a communication service provider of the lawful compensation to which it is entitled for providing a communication service; (5) "Multipurpose device" means a communication device that is capable of more than one (1) function, at least one (1) of which is lawful, and includes any component thereof, and any plans or instructions for developing or making the device or any component thereof; and (6) "Unlawful access device" means any type of machine, equipment, technology or software that is primarily designed, manufactured, sold, possessed, used or advertised, for the purpose of defeating or circumventing any effective technology, device or software, or any component or part thereof, used by the provider, owner or licensee of any communication service or of any data, audio or video programs or transmissions, to protect any communication, data, audio or video services, programs or transmissions from unauthorized receipt, decryption, communication, transmission or retransmission. Acts 1996, ch. 800, § 1; 2004, ch. 770, § 1.
(a) A person commits communication theft who, with the intent to defraud a communication service provider of any lawful compensation for providing a communication service, knowingly: (1) Acquires, transmits, or retransmits a communication service; (2) Makes, distributes, possesses with the intent to distribute or uses a communication device or modifies, programs or reprograms a communication device in such a manner that it is designed, adapted for use or used for the commission of communication theft in violation of subdivision (a)(1); (3) Makes or maintains any modification or alteration to any communication device installed with the express authorization of a communication service provider for the purpose of intercepting any program or other service carried by the provider that the person is not authorized by the provider to receive; (4) Makes or maintains connections, whether physical, electrical, acoustical or by any other means, with cables, wires, components or other devices used for the distribution of communication services without the authority of the communication services provider; (5) Sells, possesses, or otherwise delivers to another or offers for sale any: (A) Communication device or unlawful access device, or plans or instructions for making the same, under circumstances evincing an intent to use the communication device or unlawful access device, or to allow the same to be used, for a purpose prohibited by this section; or (B) Material, including hardware, cables, tools, data, computer software or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture or development of a communication device or unlawful access device in violation of this section; (6) Publishes the number or code of an existing, cancelled, revoked or nonexistent telephone number, credit number or other credit device, or method of numbering or coding which is employed in the issuance of telephone numbers, credit numbers or other credit devices knowing that it may be used to avoid the payment of any lawful telephone or telegraph toll charge under circumstances evincing an intent to have the telephone number, credit number, credit device or method of numbering or coding so used; or (7) Assists another in committing an act prohibited by this section in a manner that would make such person criminally responsible for the act under § 39-11-402 .
(1) Acquires, transmits, or retransmits a communication service;
(2) Makes, distributes, possesses with the intent to distribute or uses a communication device or modifies, programs or reprograms a communication device in such a manner that it is designed, adapted for use or used for the commission of communication theft in violation of subdivision (a)(1);
(3) Makes or maintains any modification or alteration to any communication device installed with the express authorization of a communication service provider for the purpose of intercepting any program or other service carried by the provider that the person is not authorized by the provider to receive;
(4) Makes or maintains connections, whether physical, electrical, acoustical or by any other means, with cables, wires, components or other devices used for the distribution of communication services without the authority of the communication services provider;
(5) Sells, possesses, or otherwise delivers to another or offers for sale any: (A) Communication device or unlawful access device, or plans or instructions for making the same, under circumstances evincing an intent to use the communication device or unlawful access device, or to allow the same to be used, for a purpose prohibited by this section; or (B) Material, including hardware, cables, tools, data, computer software or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture or development of a communication device or unlawful access device in violation of this section;
(A) Communication device or unlawful access device, or plans or instructions for making the same, under circumstances evincing an intent to use the communication device or unlawful access device, or to allow the same to be used, for a purpose prohibited by this section; or
(B) Material, including hardware, cables, tools, data, computer software or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture or development of a communication device or unlawful access device in violation of this section;
(6) Publishes the number or code of an existing, cancelled, revoked or nonexistent telephone number, credit number or other credit device, or method of numbering or coding which is employed in the issuance of telephone numbers, credit numbers or other credit devices knowing that it may be used to avoid the payment of any lawful telephone or telegraph toll charge under circumstances evincing an intent to have the telephone number, credit number, credit device or method of numbering or coding so used; or
(7) Assists another in committing an act prohibited by this section in a manner that would make such person criminally responsible for the act under § 39-11-402 .
(b) Any communication device or unlawful access device and other related items and equipment pertaining to a violation of this section may be seized under warrant or incident to a lawful arrest. Upon conviction for such a violation, the court may order the sheriff of the county in which the person was convicted to destroy as contraband or to otherwise lawfully dispose of any devices or other related items used in violation of this section.
(c) If conduct that violates this section: (1) Also constitutes a violation of § 39-14-104 relative to theft of services, that conduct may be prosecuted under either, but not both, statutes as provided in § 39-11-109 ; and (2) Is either commenced or consummated in this state, that conduct may be prosecuted in this state as provided in § 39-11-103 .
(1) Also constitutes a violation of § 39-14-104 relative to theft of services, that conduct may be prosecuted under either, but not both, statutes as provided in § 39-11-109 ; and
(2) Is either commenced or consummated in this state, that conduct may be prosecuted in this state as provided in § 39-11-103 .
(d) (1) A violation of this section shall be punished as theft and graded in accordance with § 39-14-105 . (2) A person's first violation of this section shall be punished by fine only if the value of the services obtained is less than one thousand dollars ($1,000). However, the trier of fact may impose a fine of double the amount otherwise authorized by § 40-35-111 for the appropriate offense class. (3) (A) Except as provided in subdivision (d)(3)(B), each communication device or unlawful access device involved in a violation of this section shall constitute a separate offense and each activity prohibited by this section found to have occurred shall constitute a separate offense regardless of whether the activity involves one (1) or more than one (1) communication device or unlawful access device. (B) If a defendant commits multiple violations of this section but such violations represent a single, continuous course of conduct by the defendant, such multiple violations, shall, for purposes of this section, be considered one (1) violation and shall be punished as such. (4) In addition to any other sentence authorized by this section, the court may order a person convicted of violating this section to make restitution for the offense in accordance with the procedure set out in § 40-35-304 .
(1) A violation of this section shall be punished as theft and graded in accordance with § 39-14-105 .
(2) A person's first violation of this section shall be punished by fine only if the value of the services obtained is less than one thousand dollars ($1,000). However, the trier of fact may impose a fine of double the amount otherwise authorized by § 40-35-111 for the appropriate offense class.
(3) (A) Except as provided in subdivision (d)(3)(B), each communication device or unlawful access device involved in a violation of this section shall constitute a separate offense and each activity prohibited by this section found to have occurred shall constitute a separate offense regardless of whether the activity involves one (1) or more than one (1) communication device or unlawful access device. (B) If a defendant commits multiple violations of this section but such violations represent a single, continuous course of conduct by the defendant, such multiple violations, shall, for purposes of this section, be considered one (1) violation and shall be punished as such.
(A) Except as provided in subdivision (d)(3)(B), each communication device or unlawful access device involved in a violation of this section shall constitute a separate offense and each activity prohibited by this section found to have occurred shall constitute a separate offense regardless of whether the activity involves one (1) or more than one (1) communication device or unlawful access device.
(B) If a defendant commits multiple violations of this section but such violations represent a single, continuous course of conduct by the defendant, such multiple violations, shall, for purposes of this section, be considered one (1) violation and shall be punished as such.
(4) In addition to any other sentence authorized by this section, the court may order a person convicted of violating this section to make restitution for the offense in accordance with the procedure set out in § 40-35-304 .
(e) (1) (A) A communication service provider aggrieved by a violation of this section may institute a civil action in any court of competent jurisdiction to obtain appropriate relief. Whether the conduct giving rise to a violation of this section occurs wholly in this state, is commenced outside the state but consummated in this state, or is commenced in this state but consummated outside this state, venue for the action shall be in any county in which conduct constituting a violation of this section occurs. (B) An action shall be filed within two (2) years of the aggrieved communication service provider's actual knowledge of the violation, but in no event shall the action be filed more than five (5) years from the date of the violation. (2) The court, in its discretion: (A) May award declaratory relief and other equitable remedies, including preliminary and final injunctions to prevent or restrain violations of this section; (B) At any time while an action is pending, on the terms it deems reasonable, may order the impounding of any communication device or unlawful access device that is in the custody or control of the violator and that the court has reasonable cause to believe was involved in the alleged violation of this section; (C) Award actual or statutory damages as authorized in subdivision (e)(3); and (D) As part of a final judgment or decree finding a violation of this section, order the remedial modification or destruction of any communication device or unlawful access device, or any other devices or equipment involved in the violation, that is in the custody or control of the violator, or that has been impounded under subdivision (e)(2)(B). (3) At any time before final judgment is entered, the aggrieved party may elect to have any damages that may be awarded to that party computed according to either of the following methods: (A) The actual damages suffered by the party as a result of violations of this section and all profits of the violator that are attributable to all violations of this section against the aggrieved party; (B) (i) Except as provided in subdivision (e)(3)(B)(ii), in lieu of actual damages and the violator's profits as provided in subdivision (e)(3)(A), statutory damages in an amount of not less than seven hundred fifty dollars ($750) nor more than five thousand dollars ($5,000) may be awarded for each communication device or unlawful access device involved in the action or each violation of this section found to have occurred. The trier of fact shall determine the appropriate amount of statutory damages from within the range available in this subdivision (e)(3)(B) as it deems equitable and just; (ii) If a person commits multiple violations of this section but the violations represent a single, continuous course of conduct by that person, those multiple violations, shall, for purposes of this section, be considered one (1) violation and statutory damages awarded as such; (C) Notwithstanding subdivision (e)(3)(B), if the trier of fact finds that there are mitigating factors present as to a particular defendant's involvement in a violation of this section, it may reduce the amount of statutory damages awarded below the minimum amount established in subdivision (e)(3)(B). Mitigating factors may include, but shall not be limited to: (i) The defendant's role in the violation was minor; (ii) The defendant assisted the aggrieved party in uncovering violations of this section committed by other persons or in detecting other persons who had committed violations of this section; (iii) The defendant assisted the aggrieved party in locating other communication devices, unlawful access devices or equipment used to violate this section; (iv) The defendant's violation of this section was committed solely for personal or household use; (v) The defendant acted under a good faith belief that the defendant's violations of this section were lawful and ceased the violations upon learning that they were not; and (vi) Any other factor consistent with this subdivision (e)(3)(C) that would cause the trier of fact to believe that the interests of justice require the amount of damages awarded to be below the statutory minimum set out in subdivision (e)(3)(B); (D) Notwithstanding subdivision (e)(3)(B), if the trier of fact finds that there are aggravating factors present as to a particular defendant's involvement in a violation of this section, it may increase the amount of damages awarded up to an amount not to exceed fifty thousand dollars ($50,000). Aggravating factors may include, but shall not be limited to: (i) The defendant committed the offense willfully and for the purpose of commercial advantage or financial gain; (ii) The defendant has a previous history of committing communication theft whether in this state, another state or under federal jurisdiction; (iii) The defendant was the leader in the commission of a violation of this section involving two (2) or more other parties; (iv) Violations of this section were also committed against other communication service providers on or about the same time as the violations against the aggrieved party; (v) The value of the services taken from or damage done to the aggrieved party was particularly great; and (vi) Any other factor consistent with this subdivision (e)(3)(D) that would cause the trier of fact to believe that the interests of justice require the amount of damages awarded be in excess of the statutory maximum set out in subdivision (e)(3)(B) or that the amount should be added to any actual damages proven; and (E) If the defendant prevails in a civil action brought pursuant to this section, the court may tax all costs of the action against the plaintiff and award the defendant reasonable attorney fees and the reasonable costs of defending the action if the court finds that the plaintiff brought the action: (i) In bad faith; and (ii) For the purpose of impeding or stifling lawful competition; or (iii) For the purpose of harassing or intimidating lawful competition.
(1) (A) A communication service provider aggrieved by a violation of this section may institute a civil action in any court of competent jurisdiction to obtain appropriate relief. Whether the conduct giving rise to a violation of this section occurs wholly in this state, is commenced outside the state but consummated in this state, or is commenced in this state but consummated outside this state, venue for the action shall be in any county in which conduct constituting a violation of this section occurs. (B) An action shall be filed within two (2) years of the aggrieved communication service provider's actual knowledge of the violation, but in no event shall the action be filed more than five (5) years from the date of the violation.
(A) A communication service provider aggrieved by a violation of this section may institute a civil action in any court of competent jurisdiction to obtain appropriate relief. Whether the conduct giving rise to a violation of this section occurs wholly in this state, is commenced outside the state but consummated in this state, or is commenced in this state but consummated outside this state, venue for the action shall be in any county in which conduct constituting a violation of this section occurs.
(B) An action shall be filed within two (2) years of the aggrieved communication service provider's actual knowledge of the violation, but in no event shall the action be filed more than five (5) years from the date of the violation.
(2) The court, in its discretion: (A) May award declaratory relief and other equitable remedies, including preliminary and final injunctions to prevent or restrain violations of this section; (B) At any time while an action is pending, on the terms it deems reasonable, may order the impounding of any communication device or unlawful access device that is in the custody or control of the violator and that the court has reasonable cause to believe was involved in the alleged violation of this section; (C) Award actual or statutory damages as authorized in subdivision (e)(3); and (D) As part of a final judgment or decree finding a violation of this section, order the remedial modification or destruction of any communication device or unlawful access device, or any other devices or equipment involved in the violation, that is in the custody or control of the violator, or that has been impounded under subdivision (e)(2)(B).
(A) May award declaratory relief and other equitable remedies, including preliminary and final injunctions to prevent or restrain violations of this section;
(B) At any time while an action is pending, on the terms it deems reasonable, may order the impounding of any communication device or unlawful access device that is in the custody or control of the violator and that the court has reasonable cause to believe was involved in the alleged violation of this section;
(C) Award actual or statutory damages as authorized in subdivision (e)(3); and
(D) As part of a final judgment or decree finding a violation of this section, order the remedial modification or destruction of any communication device or unlawful access device, or any other devices or equipment involved in the violation, that is in the custody or control of the violator, or that has been impounded under subdivision (e)(2)(B).
(3) At any time before final judgment is entered, the aggrieved party may elect to have any damages that may be awarded to that party computed according to either of the following methods: (A) The actual damages suffered by the party as a result of violations of this section and all profits of the violator that are attributable to all violations of this section against the aggrieved party; (B) (i) Except as provided in subdivision (e)(3)(B)(ii), in lieu of actual damages and the violator's profits as provided in subdivision (e)(3)(A), statutory damages in an amount of not less than seven hundred fifty dollars ($750) nor more than five thousand dollars ($5,000) may be awarded for each communication device or unlawful access device involved in the action or each violation of this section found to have occurred. The trier of fact shall determine the appropriate amount of statutory damages from within the range available in this subdivision (e)(3)(B) as it deems equitable and just; (ii) If a person commits multiple violations of this section but the violations represent a single, continuous course of conduct by that person, those multiple violations, shall, for purposes of this section, be considered one (1) violation and statutory damages awarded as such; (C) Notwithstanding subdivision (e)(3)(B), if the trier of fact finds that there are mitigating factors present as to a particular defendant's involvement in a violation of this section, it may reduce the amount of statutory damages awarded below the minimum amount established in subdivision (e)(3)(B). Mitigating factors may include, but shall not be limited to: (i) The defendant's role in the violation was minor; (ii) The defendant assisted the aggrieved party in uncovering violations of this section committed by other persons or in detecting other persons who had committed violations of this section; (iii) The defendant assisted the aggrieved party in locating other communication devices, unlawful access devices or equipment used to violate this section; (iv) The defendant's violation of this section was committed solely for personal or household use; (v) The defendant acted under a good faith belief that the defendant's violations of this section were lawful and ceased the violations upon learning that they were not; and (vi) Any other factor consistent with this subdivision (e)(3)(C) that would cause the trier of fact to believe that the interests of justice require the amount of damages awarded to be below the statutory minimum set out in subdivision (e)(3)(B); (D) Notwithstanding subdivision (e)(3)(B), if the trier of fact finds that there are aggravating factors present as to a particular defendant's involvement in a violation of this section, it may increase the amount of damages awarded up to an amount not to exceed fifty thousand dollars ($50,000). Aggravating factors may include, but shall not be limited to: (i) The defendant committed the offense willfully and for the purpose of commercial advantage or financial gain; (ii) The defendant has a previous history of committing communication theft whether in this state, another state or under federal jurisdiction; (iii) The defendant was the leader in the commission of a violation of this section involving two (2) or more other parties; (iv) Violations of this section were also committed against other communication service providers on or about the same time as the violations against the aggrieved party; (v) The value of the services taken from or damage done to the aggrieved party was particularly great; and (vi) Any other factor consistent with this subdivision (e)(3)(D) that would cause the trier of fact to believe that the interests of justice require the amount of damages awarded be in excess of the statutory maximum set out in subdivision (e)(3)(B) or that the amount should be added to any actual damages proven; and (E) If the defendant prevails in a civil action brought pursuant to this section, the court may tax all costs of the action against the plaintiff and award the defendant reasonable attorney fees and the reasonable costs of defending the action if the court finds that the plaintiff brought the action: (i) In bad faith; and (ii) For the purpose of impeding or stifling lawful competition; or (iii) For the purpose of harassing or intimidating lawful competition.
(A) The actual damages suffered by the party as a result of violations of this section and all profits of the violator that are attributable to all violations of this section against the aggrieved party;
(B) (i) Except as provided in subdivision (e)(3)(B)(ii), in lieu of actual damages and the violator's profits as provided in subdivision (e)(3)(A), statutory damages in an amount of not less than seven hundred fifty dollars ($750) nor more than five thousand dollars ($5,000) may be awarded for each communication device or unlawful access device involved in the action or each violation of this section found to have occurred. The trier of fact shall determine the appropriate amount of statutory damages from within the range available in this subdivision (e)(3)(B) as it deems equitable and just; (ii) If a person commits multiple violations of this section but the violations represent a single, continuous course of conduct by that person, those multiple violations, shall, for purposes of this section, be considered one (1) violation and statutory damages awarded as such;
(i) Except as provided in subdivision (e)(3)(B)(ii), in lieu of actual damages and the violator's profits as provided in subdivision (e)(3)(A), statutory damages in an amount of not less than seven hundred fifty dollars ($750) nor more than five thousand dollars ($5,000) may be awarded for each communication device or unlawful access device involved in the action or each violation of this section found to have occurred. The trier of fact shall determine the appropriate amount of statutory damages from within the range available in this subdivision (e)(3)(B) as it deems equitable and just;
(ii) If a person commits multiple violations of this section but the violations represent a single, continuous course of conduct by that person, those multiple violations, shall, for purposes of this section, be considered one (1) violation and statutory damages awarded as such;
(C) Notwithstanding subdivision (e)(3)(B), if the trier of fact finds that there are mitigating factors present as to a particular defendant's involvement in a violation of this section, it may reduce the amount of statutory damages awarded below the minimum amount established in subdivision (e)(3)(B). Mitigating factors may include, but shall not be limited to: (i) The defendant's role in the violation was minor; (ii) The defendant assisted the aggrieved party in uncovering violations of this section committed by other persons or in detecting other persons who had committed violations of this section; (iii) The defendant assisted the aggrieved party in locating other communication devices, unlawful access devices or equipment used to violate this section; (iv) The defendant's violation of this section was committed solely for personal or household use; (v) The defendant acted under a good faith belief that the defendant's violations of this section were lawful and ceased the violations upon learning that they were not; and (vi) Any other factor consistent with this subdivision (e)(3)(C) that would cause the trier of fact to believe that the interests of justice require the amount of damages awarded to be below the statutory minimum set out in subdivision (e)(3)(B);
(i) The defendant's role in the violation was minor;
(ii) The defendant assisted the aggrieved party in uncovering violations of this section committed by other persons or in detecting other persons who had committed violations of this section;
(iii) The defendant assisted the aggrieved party in locating other communication devices, unlawful access devices or equipment used to violate this section;
(iv) The defendant's violation of this section was committed solely for personal or household use;
(v) The defendant acted under a good faith belief that the defendant's violations of this section were lawful and ceased the violations upon learning that they were not; and
(vi) Any other factor consistent with this subdivision (e)(3)(C) that would cause the trier of fact to believe that the interests of justice require the amount of damages awarded to be below the statutory minimum set out in subdivision (e)(3)(B);
(D) Notwithstanding subdivision (e)(3)(B), if the trier of fact finds that there are aggravating factors present as to a particular defendant's involvement in a violation of this section, it may increase the amount of damages awarded up to an amount not to exceed fifty thousand dollars ($50,000). Aggravating factors may include, but shall not be limited to: (i) The defendant committed the offense willfully and for the purpose of commercial advantage or financial gain; (ii) The defendant has a previous history of committing communication theft whether in this state, another state or under federal jurisdiction; (iii) The defendant was the leader in the commission of a violation of this section involving two (2) or more other parties; (iv) Violations of this section were also committed against other communication service providers on or about the same time as the violations against the aggrieved party; (v) The value of the services taken from or damage done to the aggrieved party was particularly great; and (vi) Any other factor consistent with this subdivision (e)(3)(D) that would cause the trier of fact to believe that the interests of justice require the amount of damages awarded be in excess of the statutory maximum set out in subdivision (e)(3)(B) or that the amount should be added to any actual damages proven; and
(i) The defendant committed the offense willfully and for the purpose of commercial advantage or financial gain;
(ii) The defendant has a previous history of committing communication theft whether in this state, another state or under federal jurisdiction;
(iii) The defendant was the leader in the commission of a violation of this section involving two (2) or more other parties;
(iv) Violations of this section were also committed against other communication service providers on or about the same time as the violations against the aggrieved party;
(v) The value of the services taken from or damage done to the aggrieved party was particularly great; and
(vi) Any other factor consistent with this subdivision (e)(3)(D) that would cause the trier of fact to believe that the interests of justice require the amount of damages awarded be in excess of the statutory maximum set out in subdivision (e)(3)(B) or that the amount should be added to any actual damages proven; and
(E) If the defendant prevails in a civil action brought pursuant to this section, the court may tax all costs of the action against the plaintiff and award the defendant reasonable attorney fees and the reasonable costs of defending the action if the court finds that the plaintiff brought the action: (i) In bad faith; and (ii) For the purpose of impeding or stifling lawful competition; or (iii) For the purpose of harassing or intimidating lawful competition.
(i) In bad faith; and
(ii) For the purpose of impeding or stifling lawful competition; or
(iii) For the purpose of harassing or intimidating lawful competition.
(f) This section shall not be construed to prohibit: (1) The manufacture, use, advertisement or sale of a multipurpose device, or the possession of a multipurpose device for any of the purposes mentioned in this section, unless the person acts with the intent required to violate this section and the person knows that: (A) The primary use or purpose for which the device was designed, manufactured, sold or licensed is for a violation of this section; (B) The device has only a limited commercially significant purpose or use other than as an unlawful access device or for the commission of a violation of this section; or (C) The device is marketed by that person or another acting in concert with that person and with that person's knowledge, for use as an unlawful access device or for the purpose of committing a violation of this section; (2) The use of a communication device to connect one (1) or more multipurpose devices at the person's residence or business premises, unless the device causes substantial electronic or physical harm to the communication service provider's network, system or facility; and (3) The use of a communication device that is not selected by a communication service provider, unless the device causes substantial electronic or physical harm to the communication service provider's network, system or facility.
(1) The manufacture, use, advertisement or sale of a multipurpose device, or the possession of a multipurpose device for any of the purposes mentioned in this section, unless the person acts with the intent required to violate this section and the person knows that: (A) The primary use or purpose for which the device was designed, manufactured, sold or licensed is for a violation of this section; (B) The device has only a limited commercially significant purpose or use other than as an unlawful access device or for the commission of a violation of this section; or (C) The device is marketed by that person or another acting in concert with that person and with that person's knowledge, for use as an unlawful access device or for the purpose of committing a violation of this section;
(A) The primary use or purpose for which the device was designed, manufactured, sold or licensed is for a violation of this section;
(B) The device has only a limited commercially significant purpose or use other than as an unlawful access device or for the commission of a violation of this section; or
(C) The device is marketed by that person or another acting in concert with that person and with that person's knowledge, for use as an unlawful access device or for the purpose of committing a violation of this section;
(2) The use of a communication device to connect one (1) or more multipurpose devices at the person's residence or business premises, unless the device causes substantial electronic or physical harm to the communication service provider's network, system or facility; and
(3) The use of a communication device that is not selected by a communication service provider, unless the device causes substantial electronic or physical harm to the communication service provider's network, system or facility.
(g) Breach of a service contract between a person and a communication service provider that establishes terms and conditions for the attachment of a communication device to a communication service provider's network, system, or facility shall not, in and of itself, be sufficient proof that the person acted with the intent required to commit a violation of this section. However, conduct that constitutes a breach of a service contract may also constitute a violation of this section if the person knowingly commits an act prohibited by this section with the intent to defraud a communication service provider of any lawful compensation for providing a communication service.
(h) (1) Notwithstanding any other provision of this section or language contained in this section to the contrary, a person does not commit either a civil or criminal violation of this section unless the person acts with the intent to defraud, as defined in subdivision (i)(4), a communication service provider of any lawful compensation for providing a communication service in conjunction with some other conduct prohibited by this section. (2) Notwithstanding any other provision of this section to the contrary, any entity that has a collectively bargained contract that provides for residual payments to performers, or any entity that licenses the public performing rights with a communications service provider and who is engaged in the distribution of royalty or residual payments, operating in the ordinary course of business to monitor residual payments or the performing right in musical works, sound recordings or audiovisual works provided by a communication service provider, may engage in those monitoring activities under this section where the activities are intended and carried out for the sole purpose of distributing royalties or residuals to songwriters, music publishers, artists or performers or monitoring unauthorized performances. (3) Nothing in this section shall be construed to prohibit a nonprofit library, archive, or educational institution from engaging in circulation, course reserves, and inter-library and other lending services; classroom and instructional uses; or archiving and preservation to the extent those activities are permitted under the federal copyright law as compiled in title 17 of the United States Code.
(1) Notwithstanding any other provision of this section or language contained in this section to the contrary, a person does not commit either a civil or criminal violation of this section unless the person acts with the intent to defraud, as defined in subdivision (i)(4), a communication service provider of any lawful compensation for providing a communication service in conjunction with some other conduct prohibited by this section.
(2) Notwithstanding any other provision of this section to the contrary, any entity that has a collectively bargained contract that provides for residual payments to performers, or any entity that licenses the public performing rights with a communications service provider and who is engaged in the distribution of royalty or residual payments, operating in the ordinary course of business to monitor residual payments or the performing right in musical works, sound recordings or audiovisual works provided by a communication service provider, may engage in those monitoring activities under this section where the activities are intended and carried out for the sole purpose of distributing royalties or residuals to songwriters, music publishers, artists or performers or monitoring unauthorized performances.
(3) Nothing in this section shall be construed to prohibit a nonprofit library, archive, or educational institution from engaging in circulation, course reserves, and inter-library and other lending services; classroom and instructional uses; or archiving and preservation to the extent those activities are permitted under the federal copyright law as compiled in title 17 of the United States Code.
(i) As used in this section, unless the context otherwise requires: (1) "Communication device" means any: (A) Machine, equipment, technology or software that is capable of intercepting, transmitting, retransmitting, decrypting or receiving a communication service, or any part thereof; or (B) Computer circuit or chip, electronic mechanism or other component that is capable of facilitating the interception, transmission, retransmission, decryption, or reception of any communication service; (2) "Communication service" means any service lawfully provided for a charge or compensation to facilitate the lawful origination, transmission, emission or reception of signs, signals, data, writings, images and sounds or intelligence of any nature by telephone of any type, wire, wireless, radio, electromagnetic, photoelectronic or photo-optical systems, networks or facilities; and any service lawfully provided for a charge or compensation by any radio, photo-optical, electromagnetic, photoelectronic, electric power, fiber optic, cable television, satellite, microwave, data transmission, wireless or internet-based distribution system, network or facility, including, but not limited to, any and all electronic, data, video, audio, internet access, telephonic, microwave and radio communications, transmissions, signals and services, and any such communications, transmissions, signals and services lawfully provided directly or indirectly by or through any of the systems mentioned in this subdivision (i)(2), networks or facilities; (3) "Communication service provider" means any person or entity: (A) Providing a communication service, whether directly or indirectly as a reseller, that, for a fee, supplies the facility, cell site, mobile telephone switching office or other equipment or communication service; (B) Owning or operating any fiber optic, photo-optical, electromagnetic, photoelectronic, cable television, satellite, internet-based, telephone, wireless, microwave, data transmission or radio distribution system, network or facility; or (C) Providing any communication service directly or indirectly by or through any such distribution systems, networks or facilities; (4) "Intent to defraud" means a person uses, in whole or in part, deceit, trickery, misrepresentation or subterfuge for the purpose of depriving a communication service provider of the lawful compensation to which it is entitled for providing a communication service; (5) "Multipurpose device" means a communication device that is capable of more than one (1) function, at least one (1) of which is lawful, and includes any component thereof, and any plans or instructions for developing or making the device or any component thereof; and (6) "Unlawful access device" means any type of machine, equipment, technology or software that is primarily designed, manufactured, sold, possessed, used or advertised, for the purpose of defeating or circumventing any effective technology, device or software, or any component or part thereof, used by the provider, owner or licensee of any communication service or of any data, audio or video programs or transmissions, to protect any communication, data, audio or video services, programs or transmissions from unauthorized receipt, decryption, communication, transmission or retransmission.
(1) "Communication device" means any: (A) Machine, equipment, technology or software that is capable of intercepting, transmitting, retransmitting, decrypting or receiving a communication service, or any part thereof; or (B) Computer circuit or chip, electronic mechanism or other component that is capable of facilitating the interception, transmission, retransmission, decryption, or reception of any communication service;
(A) Machine, equipment, technology or software that is capable of intercepting, transmitting, retransmitting, decrypting or receiving a communication service, or any part thereof; or
(B) Computer circuit or chip, electronic mechanism or other component that is capable of facilitating the interception, transmission, retransmission, decryption, or reception of any communication service;
(2) "Communication service" means any service lawfully provided for a charge or compensation to facilitate the lawful origination, transmission, emission or reception of signs, signals, data, writings, images and sounds or intelligence of any nature by telephone of any type, wire, wireless, radio, electromagnetic, photoelectronic or photo-optical systems, networks or facilities; and any service lawfully provided for a charge or compensation by any radio, photo-optical, electromagnetic, photoelectronic, electric power, fiber optic, cable television, satellite, microwave, data transmission, wireless or internet-based distribution system, network or facility, including, but not limited to, any and all electronic, data, video, audio, internet access, telephonic, microwave and radio communications, transmissions, signals and services, and any such communications, transmissions, signals and services lawfully provided directly or indirectly by or through any of the systems mentioned in this subdivision (i)(2), networks or facilities;
(3) "Communication service provider" means any person or entity: (A) Providing a communication service, whether directly or indirectly as a reseller, that, for a fee, supplies the facility, cell site, mobile telephone switching office or other equipment or communication service; (B) Owning or operating any fiber optic, photo-optical, electromagnetic, photoelectronic, cable television, satellite, internet-based, telephone, wireless, microwave, data transmission or radio distribution system, network or facility; or (C) Providing any communication service directly or indirectly by or through any such distribution systems, networks or facilities;
(A) Providing a communication service, whether directly or indirectly as a reseller, that, for a fee, supplies the facility, cell site, mobile telephone switching office or other equipment or communication service;
(B) Owning or operating any fiber optic, photo-optical, electromagnetic, photoelectronic, cable television, satellite, internet-based, telephone, wireless, microwave, data transmission or radio distribution system, network or facility; or
(C) Providing any communication service directly or indirectly by or through any such distribution systems, networks or facilities;
(4) "Intent to defraud" means a person uses, in whole or in part, deceit, trickery, misrepresentation or subterfuge for the purpose of depriving a communication service provider of the lawful compensation to which it is entitled for providing a communication service;
(5) "Multipurpose device" means a communication device that is capable of more than one (1) function, at least one (1) of which is lawful, and includes any component thereof, and any plans or instructions for developing or making the device or any component thereof; and
(6) "Unlawful access device" means any type of machine, equipment, technology or software that is primarily designed, manufactured, sold, possessed, used or advertised, for the purpose of defeating or circumventing any effective technology, device or software, or any component or part thereof, used by the provider, owner or licensee of any communication service or of any data, audio or video programs or transmissions, to protect any communication, data, audio or video services, programs or transmissions from unauthorized receipt, decryption, communication, transmission or retransmission.
Acts 1996, ch. 800, § 1; 2004, ch. 770, § 1.
Tenn. Code Ann. § 39-17-605 — TN Code / Title 39 / Chapter 17 / Section 39-17-605
Failure to display certificate of authorization
Status: in_force

(a) It is an offense for a state lottery retailer to fail to display a certificate of authorization pursuant to § 4-51-115(d) at each location where the retailer sells state lottery tickets or shares. (b) A violation of this section is a Class C misdemeanor. Acts 2003, ch. 297, § 8.
(a) It is an offense for a state lottery retailer to fail to display a certificate of authorization pursuant to § 4-51-115(d) at each location where the retailer sells state lottery tickets or shares.
(b) A violation of this section is a Class C misdemeanor.
Acts 2003, ch. 297, § 8.
Tenn. Code Ann. § 39-14-121 — TN Code / Title 39 / Chapter 14 / Section 39-14-121
Worthless checks
Status: in_force

(a) (1) A person commits an offense who, with fraudulent intent or knowingly: (A) Issues or passes a check or similar sight order for the payment of money for the purpose of paying any fee, fine, tax, license or obligation to any governmental entity or for the purpose of obtaining money, services, labor, credit or any article of value, knowing at the time there are not sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order, as well as all other checks or orders outstanding at the time of issuance; or (B) Stops payment on a check or similar sight order for the payment of money for the purpose of paying any fine, fee, tax, license or obligation to any governmental entity or for the purpose of obtaining money, services, labor, credit or any article of value; provided, that the money, credit, goods or services were as represented at the time of the issuance of the check or similar sight order. (2) This subsection (a) shall not apply to a post-dated check or to a check or similar sight order where the payee or holder knows or has good and sufficient reason to believe the drawer did not have sufficient funds on deposit to the drawer's credit with the drawee to ensure payment. (b) For purposes of this section, the issuer's or passer's fraudulent intent or knowledge or both of insufficient funds may be inferred if: (1) The person had no account with the bank or other drawee at the time the person issued or passed the check or similar sight order; or (2) On presentation within thirty (30) days after issuing or passing the check or similar sight order, payment was refused by the bank or other drawee for lack of funds, insufficient funds or account closed after issuing or passing the check or order, and the issuer or passer fails to make good within ten (10) days after receiving notice of that refusal. (c) For purposes of subdivision (b)(2), notice shall be in writing, and, if the address is known, sent by certified mail with return receipt requested, and addressed to the issuer or passer at the address shown: (1) On the check or similar sight order if given; or (2) If not shown on the check or similar sight order, on the records of the bank or other drawee if available. (d) If notice is given in accordance with subsection (c), it may be inferred that the notice was received no later than five (5) days after it was mailed. (e) Notice shall not be required: (1) In the event the situs of the drawee is not in Tennessee; (2) If the drawer is not a resident of Tennessee or has left the state at the time the check, draft or order is dishonored; or (3) If the drawer of the check, draft or order did not have an account with the drawee of the check, draft or order at the time the check, draft or order was issued or dishonored. (f) The offense of issuing or passing worthless checks is punishable as theft pursuant to § 39-14-105 . Value shall be determined by the amount appearing on the face of the check on the date of issue. (g) Nothing in this section shall be construed as amending or repealing the Fraud and Economic Crimes Prosecution Act, compiled in title 40, chapter 3, part 2. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 20; 1992, ch. 962, § 3.
(a) (1) A person commits an offense who, with fraudulent intent or knowingly: (A) Issues or passes a check or similar sight order for the payment of money for the purpose of paying any fee, fine, tax, license or obligation to any governmental entity or for the purpose of obtaining money, services, labor, credit or any article of value, knowing at the time there are not sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order, as well as all other checks or orders outstanding at the time of issuance; or (B) Stops payment on a check or similar sight order for the payment of money for the purpose of paying any fine, fee, tax, license or obligation to any governmental entity or for the purpose of obtaining money, services, labor, credit or any article of value; provided, that the money, credit, goods or services were as represented at the time of the issuance of the check or similar sight order. (2) This subsection (a) shall not apply to a post-dated check or to a check or similar sight order where the payee or holder knows or has good and sufficient reason to believe the drawer did not have sufficient funds on deposit to the drawer's credit with the drawee to ensure payment.
(1) A person commits an offense who, with fraudulent intent or knowingly: (A) Issues or passes a check or similar sight order for the payment of money for the purpose of paying any fee, fine, tax, license or obligation to any governmental entity or for the purpose of obtaining money, services, labor, credit or any article of value, knowing at the time there are not sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order, as well as all other checks or orders outstanding at the time of issuance; or (B) Stops payment on a check or similar sight order for the payment of money for the purpose of paying any fine, fee, tax, license or obligation to any governmental entity or for the purpose of obtaining money, services, labor, credit or any article of value; provided, that the money, credit, goods or services were as represented at the time of the issuance of the check or similar sight order.
(A) Issues or passes a check or similar sight order for the payment of money for the purpose of paying any fee, fine, tax, license or obligation to any governmental entity or for the purpose of obtaining money, services, labor, credit or any article of value, knowing at the time there are not sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order, as well as all other checks or orders outstanding at the time of issuance; or
(B) Stops payment on a check or similar sight order for the payment of money for the purpose of paying any fine, fee, tax, license or obligation to any governmental entity or for the purpose of obtaining money, services, labor, credit or any article of value; provided, that the money, credit, goods or services were as represented at the time of the issuance of the check or similar sight order.
(2) This subsection (a) shall not apply to a post-dated check or to a check or similar sight order where the payee or holder knows or has good and sufficient reason to believe the drawer did not have sufficient funds on deposit to the drawer's credit with the drawee to ensure payment.
(b) For purposes of this section, the issuer's or passer's fraudulent intent or knowledge or both of insufficient funds may be inferred if: (1) The person had no account with the bank or other drawee at the time the person issued or passed the check or similar sight order; or (2) On presentation within thirty (30) days after issuing or passing the check or similar sight order, payment was refused by the bank or other drawee for lack of funds, insufficient funds or account closed after issuing or passing the check or order, and the issuer or passer fails to make good within ten (10) days after receiving notice of that refusal.
(1) The person had no account with the bank or other drawee at the time the person issued or passed the check or similar sight order; or
(2) On presentation within thirty (30) days after issuing or passing the check or similar sight order, payment was refused by the bank or other drawee for lack of funds, insufficient funds or account closed after issuing or passing the check or order, and the issuer or passer fails to make good within ten (10) days after receiving notice of that refusal.
(c) For purposes of subdivision (b)(2), notice shall be in writing, and, if the address is known, sent by certified mail with return receipt requested, and addressed to the issuer or passer at the address shown: (1) On the check or similar sight order if given; or (2) If not shown on the check or similar sight order, on the records of the bank or other drawee if available.
(1) On the check or similar sight order if given; or
(2) If not shown on the check or similar sight order, on the records of the bank or other drawee if available.
(d) If notice is given in accordance with subsection (c), it may be inferred that the notice was received no later than five (5) days after it was mailed.
(e) Notice shall not be required: (1) In the event the situs of the drawee is not in Tennessee; (2) If the drawer is not a resident of Tennessee or has left the state at the time the check, draft or order is dishonored; or (3) If the drawer of the check, draft or order did not have an account with the drawee of the check, draft or order at the time the check, draft or order was issued or dishonored.
(1) In the event the situs of the drawee is not in Tennessee;
(2) If the drawer is not a resident of Tennessee or has left the state at the time the check, draft or order is dishonored; or
(3) If the drawer of the check, draft or order did not have an account with the drawee of the check, draft or order at the time the check, draft or order was issued or dishonored.
(f) The offense of issuing or passing worthless checks is punishable as theft pursuant to § 39-14-105 . Value shall be determined by the amount appearing on the face of the check on the date of issue.
(g) Nothing in this section shall be construed as amending or repealing the Fraud and Economic Crimes Prosecution Act, compiled in title 40, chapter 3, part 2.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 20; 1992, ch. 962, § 3.
Tenn. Code Ann. § 39-17-116 — TN Code / Title 39 / Chapter 17 / Section 39-17-116
Unlawful to draw property transfer documents without interest in property
Status: in_force

(a) (1) It is an offense for any person to knowingly cause to be prepared, sign, or file records of any property transfer document when the transferor, grantor or person applying for registration knows or should know by an examination of the public records, that the transferor or grantor has no legal nor equitable interest to convey, or when there is no reasonable basis for assumption that the transferor or grantor has any interest in the property. (2) As used in this subsection (a), "person" includes any individual, corporation, firm, company, partnership, or association. (b) Upon a final conviction for an offense pursuant to this section, any court having or exercising circuit court jurisdiction may order the filing of an order of said court declaring the offending transfer document or documents to be void and of no legal effect and removing any cloud on the title that may have arisen because of said documents. (c) This section shall not be applicable to any licensed attorney who, in good faith, prepares such a transfer document in the course of representation of a client. (d) A violation of subsection (a) shall be a Class E felony. Amended by 2013 Tenn. Acts, ch. 413,s 1, eff. 7/1/2013. Acts 2011, ch. 399, § 1.
(a) (1) It is an offense for any person to knowingly cause to be prepared, sign, or file records of any property transfer document when the transferor, grantor or person applying for registration knows or should know by an examination of the public records, that the transferor or grantor has no legal nor equitable interest to convey, or when there is no reasonable basis for assumption that the transferor or grantor has any interest in the property. (2) As used in this subsection (a), "person" includes any individual, corporation, firm, company, partnership, or association.
(1) It is an offense for any person to knowingly cause to be prepared, sign, or file records of any property transfer document when the transferor, grantor or person applying for registration knows or should know by an examination of the public records, that the transferor or grantor has no legal nor equitable interest to convey, or when there is no reasonable basis for assumption that the transferor or grantor has any interest in the property.
(2) As used in this subsection (a), "person" includes any individual, corporation, firm, company, partnership, or association.
(b) Upon a final conviction for an offense pursuant to this section, any court having or exercising circuit court jurisdiction may order the filing of an order of said court declaring the offending transfer document or documents to be void and of no legal effect and removing any cloud on the title that may have arisen because of said documents.
(c) This section shall not be applicable to any licensed attorney who, in good faith, prepares such a transfer document in the course of representation of a client.
(d) A violation of subsection (a) shall be a Class E felony.
Amended by 2013 Tenn. Acts, ch. 413,s 1, eff. 7/1/2013.
Acts 2011, ch. 399, § 1.
Tenn. Code Ann. § 39-13-509 — TN Code / Title 39 / Chapter 13 / Section 39-13-509
Sexual contact with a minor - Sexual contact by an authority figure
Status: in_force

(a) It is an offense for a defendant to engage in unlawful sexual contact with a minor when: (1) The minor is less than eighteen (18) years of age; (2) The defendant is at least four (4) years older than the victim; and (3) The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the minor by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the sexual contact; or (4) The defendant had, at the time of the offense, parental or custodial authority over the minor and used the authority to accomplish the sexual contact. (b) As used in this section, "sexual contact" means the defendant intentionally touches or kisses the minor's lips with the defendant's lips if such touching can be reasonably construed as being for the purpose of sexual arousal or gratification. (c) Sexual contact by an authority figure is a Class A misdemeanor with a mandatory minimum fine of one thousand dollars ($1,000). (d) Each instance of unlawful sexual contact shall be considered a separate offense. Amended by 2016 Tenn. Acts, ch. 1038,s 1, eff. 7/1/2016. Acts 2011, ch. 88, § 1.
(a) It is an offense for a defendant to engage in unlawful sexual contact with a minor when: (1) The minor is less than eighteen (18) years of age; (2) The defendant is at least four (4) years older than the victim; and (3) The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the minor by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the sexual contact; or (4) The defendant had, at the time of the offense, parental or custodial authority over the minor and used the authority to accomplish the sexual contact.
(1) The minor is less than eighteen (18) years of age;
(2) The defendant is at least four (4) years older than the victim; and
(3) The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the minor by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the sexual contact; or
(4) The defendant had, at the time of the offense, parental or custodial authority over the minor and used the authority to accomplish the sexual contact.
(b) As used in this section, "sexual contact" means the defendant intentionally touches or kisses the minor's lips with the defendant's lips if such touching can be reasonably construed as being for the purpose of sexual arousal or gratification.
(c) Sexual contact by an authority figure is a Class A misdemeanor with a mandatory minimum fine of one thousand dollars ($1,000).
(d) Each instance of unlawful sexual contact shall be considered a separate offense.
Amended by 2016 Tenn. Acts, ch. 1038,s 1, eff. 7/1/2016.
Acts 2011, ch. 88, § 1.
Tenn. Code Ann. § 39-16-402 — TN Code / Title 39 / Chapter 16 / Section 39-16-402
Official misconduct
Status: in_force

(a) A public servant commits an offense who, with intent to obtain a benefit or to harm another, intentionally or knowingly: (1) Commits an act relating to the public servant's office or employment that constitutes an unauthorized exercise of official power; (2) Commits an act under color of office or employment that exceeds the public servant's official power; (3) Refrains from performing a duty that is imposed by law or that is clearly inherent in the nature of the public servant's office or employment; (4) Violates a law relating to the public servant's office or employment; or (5) Receives any benefit not otherwise authorized by law. (b) For purposes of subdivision (a)(2), a public servant commits an act under color of office or employment who acts or purports to act in an official capacity or takes advantage of the actual or purported capacity. (c) (1) For purposes of subdivision (a)(5), the ways in which a public servant receives a benefit not otherwise authorized by law include, but are not limited to, a public servant who: (A) Purchases real property or otherwise obtains an option to purchase real property with intent to make a profit if the public servant knows that such real property may be purchased by a governmental entity and such information is not public knowledge; or (B) Acquires nonpublic information derived from such person's position as a public servant or gained from the performance of such person's official duties as a public servant and knowingly acts on such nonpublic information to acquire, or obtain an option to acquire, or liquidate, tangible or intangible personal property with intent to make a profit. (2) Ouster provisions shall be instituted upon a conviction under subsection (a) in which the conduct described in subsection (c) is the basis of the violation. In addition any person convicted of such offense shall forever afterward be disqualified from holding any office under the laws or constitution of this state. (d) It is a defense to prosecution for this offense that the benefit involved was a trivial benefit incidental to personal, professional or business contact, and involved no substantial risk of undermining official impartiality. (e) (1) An offense under subsection (a) in which the conduct described in subsection (c) is not the basis of the violation is a Class E felony. (2) An offense under subsection (a) in which the conduct described in subsection (c) is the basis of the violation is a Class A misdemeanor and the court shall order appropriate restitution to the governmental entity harmed by the offense. (3) If the defendant's conduct violates this section and other criminal statutes, nothing in this subsection (e) shall be construed as prohibiting prosecution and conviction for theft or any other such applicable offense in addition to or in lieu of prosecution and conviction for a violation of this section. (f) Charges for official misconduct may be brought only by indictment, presentment or criminal information; provided, that nothing in this section shall deny a person from pursuing other criminal charges by affidavit of complaint. Acts 1989, ch. 591, § 1; 1990, ch. 980, § 10; 2012, ch. 966, §§ 1, 2.
(a) A public servant commits an offense who, with intent to obtain a benefit or to harm another, intentionally or knowingly: (1) Commits an act relating to the public servant's office or employment that constitutes an unauthorized exercise of official power; (2) Commits an act under color of office or employment that exceeds the public servant's official power; (3) Refrains from performing a duty that is imposed by law or that is clearly inherent in the nature of the public servant's office or employment; (4) Violates a law relating to the public servant's office or employment; or (5) Receives any benefit not otherwise authorized by law.
(1) Commits an act relating to the public servant's office or employment that constitutes an unauthorized exercise of official power;
(2) Commits an act under color of office or employment that exceeds the public servant's official power;
(3) Refrains from performing a duty that is imposed by law or that is clearly inherent in the nature of the public servant's office or employment;
(4) Violates a law relating to the public servant's office or employment; or
(5) Receives any benefit not otherwise authorized by law.
(b) For purposes of subdivision (a)(2), a public servant commits an act under color of office or employment who acts or purports to act in an official capacity or takes advantage of the actual or purported capacity.
(c) (1) For purposes of subdivision (a)(5), the ways in which a public servant receives a benefit not otherwise authorized by law include, but are not limited to, a public servant who: (A) Purchases real property or otherwise obtains an option to purchase real property with intent to make a profit if the public servant knows that such real property may be purchased by a governmental entity and such information is not public knowledge; or (B) Acquires nonpublic information derived from such person's position as a public servant or gained from the performance of such person's official duties as a public servant and knowingly acts on such nonpublic information to acquire, or obtain an option to acquire, or liquidate, tangible or intangible personal property with intent to make a profit. (2) Ouster provisions shall be instituted upon a conviction under subsection (a) in which the conduct described in subsection (c) is the basis of the violation. In addition any person convicted of such offense shall forever afterward be disqualified from holding any office under the laws or constitution of this state.
(1) For purposes of subdivision (a)(5), the ways in which a public servant receives a benefit not otherwise authorized by law include, but are not limited to, a public servant who: (A) Purchases real property or otherwise obtains an option to purchase real property with intent to make a profit if the public servant knows that such real property may be purchased by a governmental entity and such information is not public knowledge; or (B) Acquires nonpublic information derived from such person's position as a public servant or gained from the performance of such person's official duties as a public servant and knowingly acts on such nonpublic information to acquire, or obtain an option to acquire, or liquidate, tangible or intangible personal property with intent to make a profit.
(A) Purchases real property or otherwise obtains an option to purchase real property with intent to make a profit if the public servant knows that such real property may be purchased by a governmental entity and such information is not public knowledge; or
(B) Acquires nonpublic information derived from such person's position as a public servant or gained from the performance of such person's official duties as a public servant and knowingly acts on such nonpublic information to acquire, or obtain an option to acquire, or liquidate, tangible or intangible personal property with intent to make a profit.
(2) Ouster provisions shall be instituted upon a conviction under subsection (a) in which the conduct described in subsection (c) is the basis of the violation. In addition any person convicted of such offense shall forever afterward be disqualified from holding any office under the laws or constitution of this state.
(d) It is a defense to prosecution for this offense that the benefit involved was a trivial benefit incidental to personal, professional or business contact, and involved no substantial risk of undermining official impartiality.
(e) (1) An offense under subsection (a) in which the conduct described in subsection (c) is not the basis of the violation is a Class E felony. (2) An offense under subsection (a) in which the conduct described in subsection (c) is the basis of the violation is a Class A misdemeanor and the court shall order appropriate restitution to the governmental entity harmed by the offense. (3) If the defendant's conduct violates this section and other criminal statutes, nothing in this subsection (e) shall be construed as prohibiting prosecution and conviction for theft or any other such applicable offense in addition to or in lieu of prosecution and conviction for a violation of this section.
(1) An offense under subsection (a) in which the conduct described in subsection (c) is not the basis of the violation is a Class E felony.
(2) An offense under subsection (a) in which the conduct described in subsection (c) is the basis of the violation is a Class A misdemeanor and the court shall order appropriate restitution to the governmental entity harmed by the offense.
(3) If the defendant's conduct violates this section and other criminal statutes, nothing in this subsection (e) shall be construed as prohibiting prosecution and conviction for theft or any other such applicable offense in addition to or in lieu of prosecution and conviction for a violation of this section.
(f) Charges for official misconduct may be brought only by indictment, presentment or criminal information; provided, that nothing in this section shall deny a person from pursuing other criminal charges by affidavit of complaint.
Acts 1989, ch. 591, § 1; 1990, ch. 980, § 10; 2012, ch. 966, §§ 1, 2.
Tenn. Code Ann. § 39-17-1356 — TN Code / Title 39 / Chapter 17 / Section 39-17-1356
Duplicate permits
Status: in_force

The department shall issue a duplicate permit to a permit holder upon the payment by the permit holder of a fee of five dollars ($5.00). Acts 1996, ch. 905, § 8.
The department shall issue a duplicate permit to a permit holder upon the payment by the permit holder of a fee of five dollars ($5.00).
Acts 1996, ch. 905, § 8.
Tenn. Code Ann. § 39-14-704 — TN Code / Title 39 / Chapter 14 / Section 39-14-704
Offense of selling, purchasing, possessing, installing, transferring or using automated sales suppression device, zapper or phantom-ware
Status: in_force

(a) For purposes of this section: (1) "Automated sales suppression device" or "zapper" means a software program, carried on a memory stick or removable compact disc, accessed through an internet link, or accessed through any other means, that falsifies the electronic records of electronic cash registers and other point-of-sale systems, including, but not limited to, transaction data and transaction reports; (2) "Electronic cash register" means a device that keeps a register or supporting documents through the means of an electronic device or computer system designed to record transaction data for the purpose of computing, compiling, or processing retail sales transaction data; (3) "Phantom-ware" means a hidden, preinstalled, or installed at a later time programming option embedded in the operating system of an electronic cash register or hardwired into the electronic cash register that can be used to create a virtual second till or may eliminate or manipulate transaction records that may or may not be preserved in digital formats to represent the true or manipulated record of transactions in the electronic cash register; (4) "Transaction data" means data associated with items purchased by a customer, the price for each item, a taxability determination for each item, a segregated tax amount for each of the taxed items, the amount of cash or credit tendered, the net amount returned to the customer in change, the date and time of the purchase, the name, address, and identification number of the vendor, and the receipt or invoice number of the transaction; and (5) "Transaction report" means a report documenting data, including, but not limited to, data associated with sales, taxes collected, media totals, and discount voids at an electronic cash register that is printed on cash register tape at the end of a day or shift, or a report documenting every action at an electronic cash register that is stored electronically. (b) It is an offense for a corporation or individual to knowingly sell, purchase, possess, install, transfer or use any automated sales suppression device, zapper or phantom-ware. (c) A violation of subsection (b) is a Class E felony punishable by a fine only up to one hundred thousand dollars ($100,000). (d) It is a defense to prosecution under this section that the person purchased, possessed, installed, transferred or used an automated sales suppression device, zapper or phantom-ware for a legitimate purpose. (e) The offense created by this section shall be in addition to and considered a separate offense from any offense related to the nonpayment of taxes owed to the state or any political subdivision thereof. (f) (1) Any automated sales suppression device, zapper or phantom-ware or any device containing an automated sales suppression device, zapper or phantom-ware is contraband and is subject to seizure, confiscation and forfeiture in accordance with chapter 11, part 7 of this title. (2) After any contraband under subdivision (f)(1) has been forfeited to the state pursuant to chapter 11, part 7 of this title, the court hearing the criminal charges resulting in the forfeiture shall order the destruction of the contraband. If the district attorney general or law enforcement agency does not believe that the contraband should be destroyed in a particular case, the district attorney general shall petition the court for an alternate disposition of the contraband. If the court finds that the proposed alternate disposition reasonably ensures that the contraband will not be used in an unlawful manner in this state, the court may grant the petition and order the disposition of the contraband in accordance with the petition. (g) (1) Where a person reports a violation of subsection (b) to law enforcement in good faith, the report and the identity of the person shall remain confidential, except when the court having jurisdiction determines the testimony of the person reporting to be material to an indictment or prosecution. (2) (A) A person who makes a report to law enforcement under subdivision (g)(1) is entitled to receive fifty percent (50%) of any fine collected by the state against an individual or corporation up to ten thousand dollars ($10,000). (B) Where multiple individuals file a report under subdivision (g)(1), each individual is entitled to an equal share of any award under subdivision (g)(2)(A). Acts 2012, ch. 741, § 1.
(a) For purposes of this section: (1) "Automated sales suppression device" or "zapper" means a software program, carried on a memory stick or removable compact disc, accessed through an internet link, or accessed through any other means, that falsifies the electronic records of electronic cash registers and other point-of-sale systems, including, but not limited to, transaction data and transaction reports; (2) "Electronic cash register" means a device that keeps a register or supporting documents through the means of an electronic device or computer system designed to record transaction data for the purpose of computing, compiling, or processing retail sales transaction data; (3) "Phantom-ware" means a hidden, preinstalled, or installed at a later time programming option embedded in the operating system of an electronic cash register or hardwired into the electronic cash register that can be used to create a virtual second till or may eliminate or manipulate transaction records that may or may not be preserved in digital formats to represent the true or manipulated record of transactions in the electronic cash register; (4) "Transaction data" means data associated with items purchased by a customer, the price for each item, a taxability determination for each item, a segregated tax amount for each of the taxed items, the amount of cash or credit tendered, the net amount returned to the customer in change, the date and time of the purchase, the name, address, and identification number of the vendor, and the receipt or invoice number of the transaction; and (5) "Transaction report" means a report documenting data, including, but not limited to, data associated with sales, taxes collected, media totals, and discount voids at an electronic cash register that is printed on cash register tape at the end of a day or shift, or a report documenting every action at an electronic cash register that is stored electronically.
(1) "Automated sales suppression device" or "zapper" means a software program, carried on a memory stick or removable compact disc, accessed through an internet link, or accessed through any other means, that falsifies the electronic records of electronic cash registers and other point-of-sale systems, including, but not limited to, transaction data and transaction reports;
(2) "Electronic cash register" means a device that keeps a register or supporting documents through the means of an electronic device or computer system designed to record transaction data for the purpose of computing, compiling, or processing retail sales transaction data;
(3) "Phantom-ware" means a hidden, preinstalled, or installed at a later time programming option embedded in the operating system of an electronic cash register or hardwired into the electronic cash register that can be used to create a virtual second till or may eliminate or manipulate transaction records that may or may not be preserved in digital formats to represent the true or manipulated record of transactions in the electronic cash register;
(4) "Transaction data" means data associated with items purchased by a customer, the price for each item, a taxability determination for each item, a segregated tax amount for each of the taxed items, the amount of cash or credit tendered, the net amount returned to the customer in change, the date and time of the purchase, the name, address, and identification number of the vendor, and the receipt or invoice number of the transaction; and
(5) "Transaction report" means a report documenting data, including, but not limited to, data associated with sales, taxes collected, media totals, and discount voids at an electronic cash register that is printed on cash register tape at the end of a day or shift, or a report documenting every action at an electronic cash register that is stored electronically.
(b) It is an offense for a corporation or individual to knowingly sell, purchase, possess, install, transfer or use any automated sales suppression device, zapper or phantom-ware.
(c) A violation of subsection (b) is a Class E felony punishable by a fine only up to one hundred thousand dollars ($100,000).
(d) It is a defense to prosecution under this section that the person purchased, possessed, installed, transferred or used an automated sales suppression device, zapper or phantom-ware for a legitimate purpose.
(e) The offense created by this section shall be in addition to and considered a separate offense from any offense related to the nonpayment of taxes owed to the state or any political subdivision thereof.
(f) (1) Any automated sales suppression device, zapper or phantom-ware or any device containing an automated sales suppression device, zapper or phantom-ware is contraband and is subject to seizure, confiscation and forfeiture in accordance with chapter 11, part 7 of this title. (2) After any contraband under subdivision (f)(1) has been forfeited to the state pursuant to chapter 11, part 7 of this title, the court hearing the criminal charges resulting in the forfeiture shall order the destruction of the contraband. If the district attorney general or law enforcement agency does not believe that the contraband should be destroyed in a particular case, the district attorney general shall petition the court for an alternate disposition of the contraband. If the court finds that the proposed alternate disposition reasonably ensures that the contraband will not be used in an unlawful manner in this state, the court may grant the petition and order the disposition of the contraband in accordance with the petition.
(1) Any automated sales suppression device, zapper or phantom-ware or any device containing an automated sales suppression device, zapper or phantom-ware is contraband and is subject to seizure, confiscation and forfeiture in accordance with chapter 11, part 7 of this title.
(2) After any contraband under subdivision (f)(1) has been forfeited to the state pursuant to chapter 11, part 7 of this title, the court hearing the criminal charges resulting in the forfeiture shall order the destruction of the contraband. If the district attorney general or law enforcement agency does not believe that the contraband should be destroyed in a particular case, the district attorney general shall petition the court for an alternate disposition of the contraband. If the court finds that the proposed alternate disposition reasonably ensures that the contraband will not be used in an unlawful manner in this state, the court may grant the petition and order the disposition of the contraband in accordance with the petition.
(g) (1) Where a person reports a violation of subsection (b) to law enforcement in good faith, the report and the identity of the person shall remain confidential, except when the court having jurisdiction determines the testimony of the person reporting to be material to an indictment or prosecution. (2) (A) A person who makes a report to law enforcement under subdivision (g)(1) is entitled to receive fifty percent (50%) of any fine collected by the state against an individual or corporation up to ten thousand dollars ($10,000). (B) Where multiple individuals file a report under subdivision (g)(1), each individual is entitled to an equal share of any award under subdivision (g)(2)(A).
(1) Where a person reports a violation of subsection (b) to law enforcement in good faith, the report and the identity of the person shall remain confidential, except when the court having jurisdiction determines the testimony of the person reporting to be material to an indictment or prosecution.
(2) (A) A person who makes a report to law enforcement under subdivision (g)(1) is entitled to receive fifty percent (50%) of any fine collected by the state against an individual or corporation up to ten thousand dollars ($10,000). (B) Where multiple individuals file a report under subdivision (g)(1), each individual is entitled to an equal share of any award under subdivision (g)(2)(A).
(A) A person who makes a report to law enforcement under subdivision (g)(1) is entitled to receive fifty percent (50%) of any fine collected by the state against an individual or corporation up to ten thousand dollars ($10,000).
(B) Where multiple individuals file a report under subdivision (g)(1), each individual is entitled to an equal share of any award under subdivision (g)(2)(A).
Acts 2012, ch. 741, § 1.
Tenn. Code Ann. § 39-13-803 — TN Code / Title 39 / Chapter 13 / Section 39-13-803
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Act of terrorism" means an act or acts constituting a violation of this part, any other offense under the laws of Tennessee, or an act or acts constituting an offense in any other jurisdiction within or outside the territorial boundaries of the United States that contains all of the elements constituting a violation of this part or is otherwise an offense under the laws of such jurisdiction, that is intended, directly or indirectly, to: (A) Intimidate or coerce a civilian population; (B) Influence the policy of a unit of government by intimidation or coercion; (C) Affect the conduct of a unit of government by murder, assassination, torture, kidnapping, or mass destruction; or (D) Serve as a premeditated, politically motivated act of violence, or violence in pursuit of religious, ideological, or social objectives, perpetrated against first responders, including law enforcement officers, correctional officers, department of correction employees, probation or parole officers, paramedics, firefighters, or other emergency medical rescue workers acting in their official capacity, which results in loss of life, in which case it must be prosecuted and sentenced under § 39-13-202 ; (2) "Biological warfare agents" mean agents intended for use in war or other attack to cause disease or death in humans, animals, or plants that depend for their effect on multiplication within the target organism, and includes, but is not limited to, the following agents, or any analog of these agents: (A) Bacteria (i) Bacillus anthracis (anthrax); (ii) Bartonella quintana (trench fever); (iii) Brucella species (brucellosis); (iv) Burkholderia mallei (glanders); (v) Burkholderia pseudomallei (meliodosis); (vi) Franciscella tularensis (tularaemia); (vii) Salmonella typhi (typhoid fever); (viii) Shigella species (shigellosis); (ix) Vibrio cholerae (cholera); (x) Yersinia pestis (plague); (xi) Coxiella burnetii (Q fever); (xii) Orientia tsutsugamushi (scrub typhus); (xiii) Rickettsia prowazeki (typhus fever); (xiv) Rickettsia rickettsii (Rocky Mountain spotted fever); (xv) Chlamydia psittaci (psittacosis); (xvi) Clostridium botulinum (botulism); (xvii) Mycobacterium tuberculosis (tuberculosis); (xviii) Staphylococcus aureus (staphylococcal enterotoxin B); and (xix) Escherichia coli (E. coli); (B) Fungi (i) Coccidiodes immitis (coccidioidomycosis); (ii) Histoplasma capsulata (histoplasmosis); and (iii) Aflatoxin (C) Viruses (i) Hantaan/Korean haemorrhagic fever and related viruses; (ii) Sin Nombre; (iii) Crimean-Congo haemorrhagic fever; (iv) Rift Valley fever; (v) Ebola fever; (vi) Marburg; (vii) Lymphocytic choriomeningitis; (viii) Junin (Argentinian haemorrhagic fever); (ix) Machupo (Bolivian haemorrhagic fever); (x) Lassa fever; (xi) Tick-borne encephalitis/Russian spring-summer encephalitis; (xii) Dengue; (xiii) Yellow fever; (xiv) Omsk haemorrhagic fever; (xv) Japanese encephalitis; (xvi) Western equine encephalomyelitis; (xvii) Eastern equine encephalomyelitis; (xviii) Chikungunya; (xix) O'nyong-nyong; (xx) Venezuelan equine encephalomyelitis; (xxi) Variola major (smallpox); (xxii) Monkey pox; (xxiii) White pox (variant of variola virus); (xxiv) Influenza; and (xxv) Hantavirus; (D) Protozoa (i) Naeglaeria fowleri (naegleriasis); (ii) Toxoplasma gondii (toxoplasmosis); (iii) Schistosoma species (bilharziasis); and (iv) Cryptosporidium parvum (cryptosporidiosis); and (E) Other toxins, including, but not limited to: (i) Ricin; and (ii) Saxitoxin; (3) "Chemical warfare agents" include, but are not limited to, the following agents, or any analog of these agents, intended for use in war or other attack to cause disease or death in humans, animals, or plants: (A) Nerve agents, including, but not limited to: (i) Ethyl NN- dimethylphosphoramidocyanidate (Tabun, or GA); (ii) O-isopropyl methylphosphonofluoridate (Sarin, or GB); (iii) O-1,2,2-trimethylpropyl methylphosphonofluoridate (Soman, or GD); (iv) O-cyclohexyl methylphosphonofluoridate (cyclosarin, or GF); (v) O-ethyl S-2-diisopropylaminoethyl methylphosphonothiolate (VX); (vi) O-ethyl S-2-dimethylaminoethyl methylphosphonothiolate (medemo); and (vii) O-isobutyl S-2-diethylaminoethyl methylphosphonothiolate (VR); (B) Blood agents, including, but not limited to: (i) Hydrogen cyanide (AC); (ii) Cyanogen chloride (CK); and (iii) Arsine (SA); (C) Blister agents, including, but not limited to: (i) Mustards (H, HD (sulfur mustard), HN-1, HN-2, HN-3 (nitrogen mustard)); (ii) Arsenicals, including, but not limited to, Lewisite (L); (iii) Urticants, including, but not limited to, CX; (iv) Bis(2-chloroethylthioethyl) ether (agent T); and (v) Incapacitating agents, including, but not limited to, BZ; provided, however, that "incapacitating agents" shall not include any agent, the possession of which is otherwise lawful, that is intended for use for self-defense or defense of others; (D) Choking agents, including, but not limited to: (i) Phosgene (CG); (ii) Diphosgene (DP); and (iii) Chloropicrin; (E) Pesticides; (F) Dioxins; (G) Polychlorinated biphenyls (PCBs); (H) Flammable industrial gases and liquids, including, but not limited to: (i) Gasoline; and (ii) Propane; and (I) Tear gases and other disabling chemicals, including, but not limited to: (i) 10-chloro-5, 10-dihydrophenarsazine (adamsite, or DM); (ii) 1-chloroacetophenone (CN); (iii) a-bromophenylacetonitrile (larmine, BBC or CA); (iv) 2-chlorobenzalmalononitrile (CS); (v) Dibenzoxazepine (CR); (vi) Oleoresin capsicum (OC); and (vii) 3-quinuclidinyl benzilate (BZ); provided, however, that "tear gases and other disabling chemicals" shall not include any agent, the possession of which is otherwise lawful, that is intended for use for self-defense or defense of others; (4) "Designated entity" means any entity designated by the United States department of state as a foreign terrorist organization in accordance with § 219 of the Immigration and Nationality Act ( 8 U.S.C. § 1189 ), or by the United States department of the treasury as a specially designated national in accordance with 31 CFR part 500; (5) "Expert advice or assistance": (A) Means advice or assistance derived from scientific, technical, legal or other specialized knowledge; and (B) Does not mean legal services provided to a defendant in relation to any action brought pursuant to this part, or pursuant to federal or state law; (6) "Financial institution" shall have the meaning provided in 31 CFR chapter X; (7) "Material support or resources": (A) Means any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, transportation, and personnel; and (B) Does not include medicine or religious materials; (8) "Nuclear or radiological agents" includes, but is not limited to: (A) Any explosive device designed to cause a nuclear yield, also known as an improvised nuclear device (IND); (B) Any explosive device utilized to spread radioactive material, also known as a radiological dispersal device (RDD); and (C) Any act or container designed to release radiological material as a weapon without an explosion, also known as a simple radiological dispersal device (SRDD); (9) "Training" means instruction or teaching designed to impart a specific skill, as opposed to general knowledge; (10) "Weapon of mass destruction" includes chemical warfare agents, biological or biologic warfare agents, weaponized agents, weaponized biological or biologic warfare agents, nuclear agents, radiological agents, or the intentional release of industrial agents as a weapon; (11) "Weaponization" is the deliberate processing, preparation, packaging, or synthesis of any substance for use as a weapon or munition; (12) "Weaponized agents" are those agents or substances prepared for dissemination through any explosive, thermal, pneumatic, or mechanical means; and (13) "Weaponized biological or biologic warfare agents" include, but are not limited to, weaponized pathogens, such as bacteria, viruses, rickettsia, yeasts, fungi, or genetically engineered pathogens, toxins, vectors, and endogenous biological regulators (EBRs). Amended by 2021 Tenn. Acts, ch. 528, s 21, eff. 7/1/2021. Acts 2002, ch. 849, § 1; 2011 , ch. 497, § 3.
As used in this part, unless the context otherwise requires:
(1) "Act of terrorism" means an act or acts constituting a violation of this part, any other offense under the laws of Tennessee, or an act or acts constituting an offense in any other jurisdiction within or outside the territorial boundaries of the United States that contains all of the elements constituting a violation of this part or is otherwise an offense under the laws of such jurisdiction, that is intended, directly or indirectly, to: (A) Intimidate or coerce a civilian population; (B) Influence the policy of a unit of government by intimidation or coercion; (C) Affect the conduct of a unit of government by murder, assassination, torture, kidnapping, or mass destruction; or (D) Serve as a premeditated, politically motivated act of violence, or violence in pursuit of religious, ideological, or social objectives, perpetrated against first responders, including law enforcement officers, correctional officers, department of correction employees, probation or parole officers, paramedics, firefighters, or other emergency medical rescue workers acting in their official capacity, which results in loss of life, in which case it must be prosecuted and sentenced under § 39-13-202 ;
(A) Intimidate or coerce a civilian population;
(B) Influence the policy of a unit of government by intimidation or coercion;
(C) Affect the conduct of a unit of government by murder, assassination, torture, kidnapping, or mass destruction; or
(D) Serve as a premeditated, politically motivated act of violence, or violence in pursuit of religious, ideological, or social objectives, perpetrated against first responders, including law enforcement officers, correctional officers, department of correction employees, probation or parole officers, paramedics, firefighters, or other emergency medical rescue workers acting in their official capacity, which results in loss of life, in which case it must be prosecuted and sentenced under § 39-13-202 ;
(2) "Biological warfare agents" mean agents intended for use in war or other attack to cause disease or death in humans, animals, or plants that depend for their effect on multiplication within the target organism, and includes, but is not limited to, the following agents, or any analog of these agents: (A) Bacteria (i) Bacillus anthracis (anthrax); (ii) Bartonella quintana (trench fever); (iii) Brucella species (brucellosis); (iv) Burkholderia mallei (glanders); (v) Burkholderia pseudomallei (meliodosis); (vi) Franciscella tularensis (tularaemia); (vii) Salmonella typhi (typhoid fever); (viii) Shigella species (shigellosis); (ix) Vibrio cholerae (cholera); (x) Yersinia pestis (plague); (xi) Coxiella burnetii (Q fever); (xii) Orientia tsutsugamushi (scrub typhus); (xiii) Rickettsia prowazeki (typhus fever); (xiv) Rickettsia rickettsii (Rocky Mountain spotted fever); (xv) Chlamydia psittaci (psittacosis); (xvi) Clostridium botulinum (botulism); (xvii) Mycobacterium tuberculosis (tuberculosis); (xviii) Staphylococcus aureus (staphylococcal enterotoxin B); and (xix) Escherichia coli (E. coli); (B) Fungi (i) Coccidiodes immitis (coccidioidomycosis); (ii) Histoplasma capsulata (histoplasmosis); and (iii) Aflatoxin (C) Viruses (i) Hantaan/Korean haemorrhagic fever and related viruses; (ii) Sin Nombre; (iii) Crimean-Congo haemorrhagic fever; (iv) Rift Valley fever; (v) Ebola fever; (vi) Marburg; (vii) Lymphocytic choriomeningitis; (viii) Junin (Argentinian haemorrhagic fever); (ix) Machupo (Bolivian haemorrhagic fever); (x) Lassa fever; (xi) Tick-borne encephalitis/Russian spring-summer encephalitis; (xii) Dengue; (xiii) Yellow fever; (xiv) Omsk haemorrhagic fever; (xv) Japanese encephalitis; (xvi) Western equine encephalomyelitis; (xvii) Eastern equine encephalomyelitis; (xviii) Chikungunya; (xix) O'nyong-nyong; (xx) Venezuelan equine encephalomyelitis; (xxi) Variola major (smallpox); (xxii) Monkey pox; (xxiii) White pox (variant of variola virus); (xxiv) Influenza; and (xxv) Hantavirus; (D) Protozoa (i) Naeglaeria fowleri (naegleriasis); (ii) Toxoplasma gondii (toxoplasmosis); (iii) Schistosoma species (bilharziasis); and (iv) Cryptosporidium parvum (cryptosporidiosis); and (E) Other toxins, including, but not limited to: (i) Ricin; and (ii) Saxitoxin;
(A) Bacteria (i) Bacillus anthracis (anthrax); (ii) Bartonella quintana (trench fever); (iii) Brucella species (brucellosis); (iv) Burkholderia mallei (glanders); (v) Burkholderia pseudomallei (meliodosis); (vi) Franciscella tularensis (tularaemia); (vii) Salmonella typhi (typhoid fever); (viii) Shigella species (shigellosis); (ix) Vibrio cholerae (cholera); (x) Yersinia pestis (plague); (xi) Coxiella burnetii (Q fever); (xii) Orientia tsutsugamushi (scrub typhus); (xiii) Rickettsia prowazeki (typhus fever); (xiv) Rickettsia rickettsii (Rocky Mountain spotted fever); (xv) Chlamydia psittaci (psittacosis); (xvi) Clostridium botulinum (botulism); (xvii) Mycobacterium tuberculosis (tuberculosis); (xviii) Staphylococcus aureus (staphylococcal enterotoxin B); and (xix) Escherichia coli (E. coli);
(i) Bacillus anthracis (anthrax);
(ii) Bartonella quintana (trench fever);
(iii) Brucella species (brucellosis);
(iv) Burkholderia mallei (glanders);
(v) Burkholderia pseudomallei (meliodosis);
(vi) Franciscella tularensis (tularaemia);
(vii) Salmonella typhi (typhoid fever);
(viii) Shigella species (shigellosis);
(ix) Vibrio cholerae (cholera);
(x) Yersinia pestis (plague);
(xi) Coxiella burnetii (Q fever);
(xii) Orientia tsutsugamushi (scrub typhus);
(xiii) Rickettsia prowazeki (typhus fever);
(xiv) Rickettsia rickettsii (Rocky Mountain spotted fever);
(xv) Chlamydia psittaci (psittacosis);
(xvi) Clostridium botulinum (botulism);
(xvii) Mycobacterium tuberculosis (tuberculosis);
(xviii) Staphylococcus aureus (staphylococcal enterotoxin B); and
(xix) Escherichia coli (E. coli);
(B) Fungi (i) Coccidiodes immitis (coccidioidomycosis); (ii) Histoplasma capsulata (histoplasmosis); and (iii) Aflatoxin
(i) Coccidiodes immitis (coccidioidomycosis);
(ii) Histoplasma capsulata (histoplasmosis); and
(iii) Aflatoxin
(C) Viruses (i) Hantaan/Korean haemorrhagic fever and related viruses; (ii) Sin Nombre; (iii) Crimean-Congo haemorrhagic fever; (iv) Rift Valley fever; (v) Ebola fever; (vi) Marburg; (vii) Lymphocytic choriomeningitis; (viii) Junin (Argentinian haemorrhagic fever); (ix) Machupo (Bolivian haemorrhagic fever); (x) Lassa fever; (xi) Tick-borne encephalitis/Russian spring-summer encephalitis; (xii) Dengue; (xiii) Yellow fever; (xiv) Omsk haemorrhagic fever; (xv) Japanese encephalitis; (xvi) Western equine encephalomyelitis; (xvii) Eastern equine encephalomyelitis; (xviii) Chikungunya; (xix) O'nyong-nyong; (xx) Venezuelan equine encephalomyelitis; (xxi) Variola major (smallpox); (xxii) Monkey pox; (xxiii) White pox (variant of variola virus); (xxiv) Influenza; and (xxv) Hantavirus;
(i) Hantaan/Korean haemorrhagic fever and related viruses;
(ii) Sin Nombre;
(iii) Crimean-Congo haemorrhagic fever;
(iv) Rift Valley fever;
(v) Ebola fever;
(vi) Marburg;
(vii) Lymphocytic choriomeningitis;
(viii) Junin (Argentinian haemorrhagic fever);
(ix) Machupo (Bolivian haemorrhagic fever);
(x) Lassa fever;
(xi) Tick-borne encephalitis/Russian spring-summer encephalitis;
(xii) Dengue;
(xiii) Yellow fever;
(xiv) Omsk haemorrhagic fever;
(xv) Japanese encephalitis;
(xvi) Western equine encephalomyelitis;
(xvii) Eastern equine encephalomyelitis;
(xviii) Chikungunya;
(xix) O'nyong-nyong;
(xx) Venezuelan equine encephalomyelitis;
(xxi) Variola major (smallpox);
(xxii) Monkey pox;
(xxiii) White pox (variant of variola virus);
(xxiv) Influenza; and
(xxv) Hantavirus;
(D) Protozoa (i) Naeglaeria fowleri (naegleriasis); (ii) Toxoplasma gondii (toxoplasmosis); (iii) Schistosoma species (bilharziasis); and (iv) Cryptosporidium parvum (cryptosporidiosis); and
(i) Naeglaeria fowleri (naegleriasis);
(ii) Toxoplasma gondii (toxoplasmosis);
(iii) Schistosoma species (bilharziasis); and
(iv) Cryptosporidium parvum (cryptosporidiosis); and
(E) Other toxins, including, but not limited to: (i) Ricin; and (ii) Saxitoxin;
(i) Ricin; and
(ii) Saxitoxin;
(3) "Chemical warfare agents" include, but are not limited to, the following agents, or any analog of these agents, intended for use in war or other attack to cause disease or death in humans, animals, or plants: (A) Nerve agents, including, but not limited to: (i) Ethyl NN- dimethylphosphoramidocyanidate (Tabun, or GA); (ii) O-isopropyl methylphosphonofluoridate (Sarin, or GB); (iii) O-1,2,2-trimethylpropyl methylphosphonofluoridate (Soman, or GD); (iv) O-cyclohexyl methylphosphonofluoridate (cyclosarin, or GF); (v) O-ethyl S-2-diisopropylaminoethyl methylphosphonothiolate (VX); (vi) O-ethyl S-2-dimethylaminoethyl methylphosphonothiolate (medemo); and (vii) O-isobutyl S-2-diethylaminoethyl methylphosphonothiolate (VR); (B) Blood agents, including, but not limited to: (i) Hydrogen cyanide (AC); (ii) Cyanogen chloride (CK); and (iii) Arsine (SA); (C) Blister agents, including, but not limited to: (i) Mustards (H, HD (sulfur mustard), HN-1, HN-2, HN-3 (nitrogen mustard)); (ii) Arsenicals, including, but not limited to, Lewisite (L); (iii) Urticants, including, but not limited to, CX; (iv) Bis(2-chloroethylthioethyl) ether (agent T); and (v) Incapacitating agents, including, but not limited to, BZ; provided, however, that "incapacitating agents" shall not include any agent, the possession of which is otherwise lawful, that is intended for use for self-defense or defense of others; (D) Choking agents, including, but not limited to: (i) Phosgene (CG); (ii) Diphosgene (DP); and (iii) Chloropicrin; (E) Pesticides; (F) Dioxins; (G) Polychlorinated biphenyls (PCBs); (H) Flammable industrial gases and liquids, including, but not limited to: (i) Gasoline; and (ii) Propane; and (I) Tear gases and other disabling chemicals, including, but not limited to: (i) 10-chloro-5, 10-dihydrophenarsazine (adamsite, or DM); (ii) 1-chloroacetophenone (CN); (iii) a-bromophenylacetonitrile (larmine, BBC or CA); (iv) 2-chlorobenzalmalononitrile (CS); (v) Dibenzoxazepine (CR); (vi) Oleoresin capsicum (OC); and (vii) 3-quinuclidinyl benzilate (BZ); provided, however, that "tear gases and other disabling chemicals" shall not include any agent, the possession of which is otherwise lawful, that is intended for use for self-defense or defense of others;
(A) Nerve agents, including, but not limited to: (i) Ethyl NN- dimethylphosphoramidocyanidate (Tabun, or GA); (ii) O-isopropyl methylphosphonofluoridate (Sarin, or GB); (iii) O-1,2,2-trimethylpropyl methylphosphonofluoridate (Soman, or GD); (iv) O-cyclohexyl methylphosphonofluoridate (cyclosarin, or GF); (v) O-ethyl S-2-diisopropylaminoethyl methylphosphonothiolate (VX); (vi) O-ethyl S-2-dimethylaminoethyl methylphosphonothiolate (medemo); and (vii) O-isobutyl S-2-diethylaminoethyl methylphosphonothiolate (VR);
(i) Ethyl NN- dimethylphosphoramidocyanidate (Tabun, or GA);
(ii) O-isopropyl methylphosphonofluoridate (Sarin, or GB);
(iii) O-1,2,2-trimethylpropyl methylphosphonofluoridate (Soman, or GD);
(iv) O-cyclohexyl methylphosphonofluoridate (cyclosarin, or GF);
(v) O-ethyl S-2-diisopropylaminoethyl methylphosphonothiolate (VX);
(vi) O-ethyl S-2-dimethylaminoethyl methylphosphonothiolate (medemo); and
(vii) O-isobutyl S-2-diethylaminoethyl methylphosphonothiolate (VR);
(B) Blood agents, including, but not limited to: (i) Hydrogen cyanide (AC); (ii) Cyanogen chloride (CK); and (iii) Arsine (SA);
(i) Hydrogen cyanide (AC);
(ii) Cyanogen chloride (CK); and
(iii) Arsine (SA);
(C) Blister agents, including, but not limited to: (i) Mustards (H, HD (sulfur mustard), HN-1, HN-2, HN-3 (nitrogen mustard)); (ii) Arsenicals, including, but not limited to, Lewisite (L); (iii) Urticants, including, but not limited to, CX; (iv) Bis(2-chloroethylthioethyl) ether (agent T); and (v) Incapacitating agents, including, but not limited to, BZ; provided, however, that "incapacitating agents" shall not include any agent, the possession of which is otherwise lawful, that is intended for use for self-defense or defense of others;
(i) Mustards (H, HD (sulfur mustard), HN-1, HN-2, HN-3 (nitrogen mustard));
(ii) Arsenicals, including, but not limited to, Lewisite (L);
(iii) Urticants, including, but not limited to, CX;
(iv) Bis(2-chloroethylthioethyl) ether (agent T); and
(v) Incapacitating agents, including, but not limited to, BZ; provided, however, that "incapacitating agents" shall not include any agent, the possession of which is otherwise lawful, that is intended for use for self-defense or defense of others;
(D) Choking agents, including, but not limited to: (i) Phosgene (CG); (ii) Diphosgene (DP); and (iii) Chloropicrin;
(i) Phosgene (CG);
(ii) Diphosgene (DP); and
(iii) Chloropicrin;
(E) Pesticides;
(F) Dioxins;
(G) Polychlorinated biphenyls (PCBs);
(H) Flammable industrial gases and liquids, including, but not limited to: (i) Gasoline; and (ii) Propane; and
(i) Gasoline; and
(ii) Propane; and
(I) Tear gases and other disabling chemicals, including, but not limited to: (i) 10-chloro-5, 10-dihydrophenarsazine (adamsite, or DM); (ii) 1-chloroacetophenone (CN); (iii) a-bromophenylacetonitrile (larmine, BBC or CA); (iv) 2-chlorobenzalmalononitrile (CS); (v) Dibenzoxazepine (CR); (vi) Oleoresin capsicum (OC); and (vii) 3-quinuclidinyl benzilate (BZ); provided, however, that "tear gases and other disabling chemicals" shall not include any agent, the possession of which is otherwise lawful, that is intended for use for self-defense or defense of others;
(i) 10-chloro-5, 10-dihydrophenarsazine (adamsite, or DM);
(ii) 1-chloroacetophenone (CN);
(iii) a-bromophenylacetonitrile (larmine, BBC or CA);
(iv) 2-chlorobenzalmalononitrile (CS);
(v) Dibenzoxazepine (CR);
(vi) Oleoresin capsicum (OC); and
(vii) 3-quinuclidinyl benzilate (BZ); provided, however, that "tear gases and other disabling chemicals" shall not include any agent, the possession of which is otherwise lawful, that is intended for use for self-defense or defense of others;
(4) "Designated entity" means any entity designated by the United States department of state as a foreign terrorist organization in accordance with § 219 of the Immigration and Nationality Act ( 8 U.S.C. § 1189 ), or by the United States department of the treasury as a specially designated national in accordance with 31 CFR part 500;
(5) "Expert advice or assistance": (A) Means advice or assistance derived from scientific, technical, legal or other specialized knowledge; and (B) Does not mean legal services provided to a defendant in relation to any action brought pursuant to this part, or pursuant to federal or state law;
(A) Means advice or assistance derived from scientific, technical, legal or other specialized knowledge; and
(B) Does not mean legal services provided to a defendant in relation to any action brought pursuant to this part, or pursuant to federal or state law;
(6) "Financial institution" shall have the meaning provided in 31 CFR chapter X;
(7) "Material support or resources": (A) Means any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, transportation, and personnel; and (B) Does not include medicine or religious materials;
(A) Means any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, transportation, and personnel; and
(B) Does not include medicine or religious materials;
(8) "Nuclear or radiological agents" includes, but is not limited to: (A) Any explosive device designed to cause a nuclear yield, also known as an improvised nuclear device (IND); (B) Any explosive device utilized to spread radioactive material, also known as a radiological dispersal device (RDD); and (C) Any act or container designed to release radiological material as a weapon without an explosion, also known as a simple radiological dispersal device (SRDD);
(A) Any explosive device designed to cause a nuclear yield, also known as an improvised nuclear device (IND);
(B) Any explosive device utilized to spread radioactive material, also known as a radiological dispersal device (RDD); and
(C) Any act or container designed to release radiological material as a weapon without an explosion, also known as a simple radiological dispersal device (SRDD);
(9) "Training" means instruction or teaching designed to impart a specific skill, as opposed to general knowledge;
(10) "Weapon of mass destruction" includes chemical warfare agents, biological or biologic warfare agents, weaponized agents, weaponized biological or biologic warfare agents, nuclear agents, radiological agents, or the intentional release of industrial agents as a weapon;
(11) "Weaponization" is the deliberate processing, preparation, packaging, or synthesis of any substance for use as a weapon or munition;
(12) "Weaponized agents" are those agents or substances prepared for dissemination through any explosive, thermal, pneumatic, or mechanical means; and
(13) "Weaponized biological or biologic warfare agents" include, but are not limited to, weaponized pathogens, such as bacteria, viruses, rickettsia, yeasts, fungi, or genetically engineered pathogens, toxins, vectors, and endogenous biological regulators (EBRs).
Amended by 2021 Tenn. Acts, ch. 528, s 21, eff. 7/1/2021.
Acts 2002, ch. 849, § 1; 2011 , ch. 497, § 3.
Tenn. Code Ann. § 39-13-219 — TN Code / Title 39 / Chapter 13 / Section 39-13-219
Restitution in form of child maintenance
Status: in_force

(a) Notwithstanding any law to the contrary, if a defendant is convicted of a violation of § 39-13-213(a)(2) or § 39-13-218 and the deceased victim of the offense was the parent of a minor child, then the sentencing court shall order the defendant to pay restitution in the form of child maintenance to each of the victim's children until each child reaches eighteen (18) years of age and has graduated from high school, or the class of which the child is a member when the child reached eighteen (18) years of age has graduated from high school. (b) The court shall determine an amount that is reasonable and necessary for the maintenance of the victim's child after considering all relevant factors, including: (1) The financial needs and resources of the child; (2) The financial resources and needs of the surviving parent or guardian of the child, including the state if the child is in the custody of the department of children's services; (3) The standard of living to which the child is accustomed; (4) The physical and emotional condition of the child and the child's educational needs; (5) The child's physical and legal custody arrangements; and (6) The reasonable work-related child care expenses of the surviving parent or guardian. (c) The court shall order that child maintenance payments be made to the clerk of court as trustee for remittance to the child's surviving parent or guardian. The clerk shall remit the payments to the surviving parent or guardian within ten (10) working days of receipt by the clerk. The clerk shall deposit all payments no later than the next working day after receipt. (d) (1) If a defendant who is ordered to pay child maintenance under this section is incarcerated and unable to pay the required maintenance, then the defendant must have up to one (1) year after the release from incarceration to begin payment, including entering a payment plan to address any arrearage. If a defendant's child maintenance payments are set to terminate but the defendant's obligation is not paid in full, then the child maintenance payments continue until the entire arrearage is paid. (2) Notwithstanding § 40-35-304 , a surviving parent or guardian who is awarded restitution pursuant to this section may convert the restitution order to a civil judgment at any time by filing a certified copy of the restitution order with an appropriate civil court having jurisdiction over the total amount of restitution ordered. The civil court may convert the restitution order into a civil judgment in the manner provided in § 40-35-304(h) . (e) (1) If the surviving parent or guardian of the child brings a civil action against the defendant prior to the sentencing court ordering child maintenance payments as restitution and the surviving parent or guardian obtains a judgment in the civil suit, then any maintenance ordered must be offset by the amount of damages that has been received by the surviving parent or guardian prior to the sentencing court entering an order of restitution. (2) If the court orders the defendant to make child maintenance payments as restitution under this section and the surviving parent or guardian subsequently brings a civil action and obtains a judgment, then the child maintenance order must be offset by the amount of damages received by the surviving parent or guardian pursuant to the civil action. Amended by 2023 Tenn. Acts, ch. 217, s 1, eff. 7/1/2023. Added by 2022 Tenn. Acts, ch. 1056, s 2, eff. 5/25/2022.
(a) Notwithstanding any law to the contrary, if a defendant is convicted of a violation of § 39-13-213(a)(2) or § 39-13-218 and the deceased victim of the offense was the parent of a minor child, then the sentencing court shall order the defendant to pay restitution in the form of child maintenance to each of the victim's children until each child reaches eighteen (18) years of age and has graduated from high school, or the class of which the child is a member when the child reached eighteen (18) years of age has graduated from high school.
(b) The court shall determine an amount that is reasonable and necessary for the maintenance of the victim's child after considering all relevant factors, including: (1) The financial needs and resources of the child; (2) The financial resources and needs of the surviving parent or guardian of the child, including the state if the child is in the custody of the department of children's services; (3) The standard of living to which the child is accustomed; (4) The physical and emotional condition of the child and the child's educational needs; (5) The child's physical and legal custody arrangements; and (6) The reasonable work-related child care expenses of the surviving parent or guardian.
(1) The financial needs and resources of the child;
(2) The financial resources and needs of the surviving parent or guardian of the child, including the state if the child is in the custody of the department of children's services;
(3) The standard of living to which the child is accustomed;
(4) The physical and emotional condition of the child and the child's educational needs;
(5) The child's physical and legal custody arrangements; and
(6) The reasonable work-related child care expenses of the surviving parent or guardian.
(c) The court shall order that child maintenance payments be made to the clerk of court as trustee for remittance to the child's surviving parent or guardian. The clerk shall remit the payments to the surviving parent or guardian within ten (10) working days of receipt by the clerk. The clerk shall deposit all payments no later than the next working day after receipt.
(d) (1) If a defendant who is ordered to pay child maintenance under this section is incarcerated and unable to pay the required maintenance, then the defendant must have up to one (1) year after the release from incarceration to begin payment, including entering a payment plan to address any arrearage. If a defendant's child maintenance payments are set to terminate but the defendant's obligation is not paid in full, then the child maintenance payments continue until the entire arrearage is paid. (2) Notwithstanding § 40-35-304 , a surviving parent or guardian who is awarded restitution pursuant to this section may convert the restitution order to a civil judgment at any time by filing a certified copy of the restitution order with an appropriate civil court having jurisdiction over the total amount of restitution ordered. The civil court may convert the restitution order into a civil judgment in the manner provided in § 40-35-304(h) .
(1) If a defendant who is ordered to pay child maintenance under this section is incarcerated and unable to pay the required maintenance, then the defendant must have up to one (1) year after the release from incarceration to begin payment, including entering a payment plan to address any arrearage. If a defendant's child maintenance payments are set to terminate but the defendant's obligation is not paid in full, then the child maintenance payments continue until the entire arrearage is paid.
(2) Notwithstanding § 40-35-304 , a surviving parent or guardian who is awarded restitution pursuant to this section may convert the restitution order to a civil judgment at any time by filing a certified copy of the restitution order with an appropriate civil court having jurisdiction over the total amount of restitution ordered. The civil court may convert the restitution order into a civil judgment in the manner provided in § 40-35-304(h) .
(e) (1) If the surviving parent or guardian of the child brings a civil action against the defendant prior to the sentencing court ordering child maintenance payments as restitution and the surviving parent or guardian obtains a judgment in the civil suit, then any maintenance ordered must be offset by the amount of damages that has been received by the surviving parent or guardian prior to the sentencing court entering an order of restitution. (2) If the court orders the defendant to make child maintenance payments as restitution under this section and the surviving parent or guardian subsequently brings a civil action and obtains a judgment, then the child maintenance order must be offset by the amount of damages received by the surviving parent or guardian pursuant to the civil action.
(1) If the surviving parent or guardian of the child brings a civil action against the defendant prior to the sentencing court ordering child maintenance payments as restitution and the surviving parent or guardian obtains a judgment in the civil suit, then any maintenance ordered must be offset by the amount of damages that has been received by the surviving parent or guardian prior to the sentencing court entering an order of restitution.
(2) If the court orders the defendant to make child maintenance payments as restitution under this section and the surviving parent or guardian subsequently brings a civil action and obtains a judgment, then the child maintenance order must be offset by the amount of damages received by the surviving parent or guardian pursuant to the civil action.
Amended by 2023 Tenn. Acts, ch. 217, s 1, eff. 7/1/2023.
Added by 2022 Tenn. Acts, ch. 1056, s 2, eff. 5/25/2022.
Tenn. Code Ann. § 39-17-425 — TN Code / Title 39 / Chapter 17 / Section 39-17-425
Unlawful drug paraphernalia uses and activities
Status: in_force

(a) (1) Except when used or possessed with the intent to use by a person authorized by this part and title 53, chapter 11, parts 3 and 4 to dispense, prescribe, manufacture or possess a controlled substance, it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or controlled substance analogue in violation of this part. (2) Any person who violates this subsection (a) commits a Class A misdemeanor. (b) (1) Except when delivered, possessed with the intent to deliver, or manufactured with the intent to deliver by a person authorized by this part and title 53, chapter 11, parts 3 and 4 to dispense, prescribe, manufacture or possess a controlled substance, it is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or controlled substance analogue in violation of this part. (2) Any person who violates subdivision (b)(1) commits a Class E felony. (3) Except when delivered by a person authorized by this part and title 53, chapter 11, parts 3 and 4 to dispense, prescribe, manufacture or possess a controlled substance, any person eighteen (18) years of age or over who violates this subsection (b) by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years younger than that person commits a Class E felony. (c) (1) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication, any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. (2) Any person who violates subdivision (c)(1) commits a Class A misdemeanor. Acts 1989, ch. 591, § 1; 2012, ch. 848, § 19.
(a) (1) Except when used or possessed with the intent to use by a person authorized by this part and title 53, chapter 11, parts 3 and 4 to dispense, prescribe, manufacture or possess a controlled substance, it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or controlled substance analogue in violation of this part. (2) Any person who violates this subsection (a) commits a Class A misdemeanor.
(1) Except when used or possessed with the intent to use by a person authorized by this part and title 53, chapter 11, parts 3 and 4 to dispense, prescribe, manufacture or possess a controlled substance, it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or controlled substance analogue in violation of this part.
(2) Any person who violates this subsection (a) commits a Class A misdemeanor.
(b) (1) Except when delivered, possessed with the intent to deliver, or manufactured with the intent to deliver by a person authorized by this part and title 53, chapter 11, parts 3 and 4 to dispense, prescribe, manufacture or possess a controlled substance, it is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or controlled substance analogue in violation of this part. (2) Any person who violates subdivision (b)(1) commits a Class E felony. (3) Except when delivered by a person authorized by this part and title 53, chapter 11, parts 3 and 4 to dispense, prescribe, manufacture or possess a controlled substance, any person eighteen (18) years of age or over who violates this subsection (b) by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years younger than that person commits a Class E felony.
(1) Except when delivered, possessed with the intent to deliver, or manufactured with the intent to deliver by a person authorized by this part and title 53, chapter 11, parts 3 and 4 to dispense, prescribe, manufacture or possess a controlled substance, it is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or controlled substance analogue in violation of this part.
(2) Any person who violates subdivision (b)(1) commits a Class E felony.
(3) Except when delivered by a person authorized by this part and title 53, chapter 11, parts 3 and 4 to dispense, prescribe, manufacture or possess a controlled substance, any person eighteen (18) years of age or over who violates this subsection (b) by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years younger than that person commits a Class E felony.
(c) (1) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication, any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. (2) Any person who violates subdivision (c)(1) commits a Class A misdemeanor.
(1) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication, any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(2) Any person who violates subdivision (c)(1) commits a Class A misdemeanor.
Acts 1989, ch. 591, § 1; 2012, ch. 848, § 19.
Tenn. Code Ann. § 39-13-207-d-1 — TN Code / Title 39 / Chapter 13 / Section 39-13-207-d-1
2024 Tennessee Code Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-101 — 39-13-1004) Part 2 - CRIMINAL HOMICIDE (§§ 39-13-201 — 39-13-219) Section 39-13-207 - [Effective when contingency met; see version effective until contingency met and Compiler's Notes.] Sentencing where death penalty is not sought
Status: in_force

(a) (1) In a case of first degree murder as described in § 39-13-202(c)(1) or rape of a child in which the state does not seek the death penalty, but is seeking imprisonment for life without possibility of parole as the maximum punishment, should the jury find the defendant guilty of first degree murder, the jury shall fix the punishment in a separate sentencing proceeding, to determine whether the defendant shall be sentenced to imprisonment for life without possibility of parole or imprisonment for life. The sentencing proceeding shall be conducted in accordance with § 39-13-204 , excluding references to the death penalty. (2) In a case of first degree murder as described in § 39-13-202(c)(2) , aggravated rape of a child, or grave torture, in which the state does not seek the death penalty, if the jury finds the defendant guilty, then a sentencing hearing must not be conducted as required by § 39-13-204 , and the judge shall sentence the defendant to imprisonment for life without the possibility of parole. (b) If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(1) or rape of a child and the jury unanimously determines that no statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, as set forth in § 39-13-204(i) , the jury shall return its verdict to the judge on the form described in § 39-13-204(f)(1) , and the court shall sentence the defendant to imprisonment for life. (c) Except as provided in § 39-13-204(f)(2)(B) , if the jury unanimously determines that the state has proven beyond a reasonable doubt one (1) or more of the statutory aggravating circumstances set forth in § 39-13-204(i) , the jury shall, in its considered discretion, sentence the defendant either to imprisonment for life without possibility of parole or to imprisonment for life. (d) The jury shall be instructed that, in imposing sentence, it shall weigh and consider the statutory aggravating circumstance or circumstances proven by the state beyond a reasonable doubt and any mitigating circumstance or circumstances. (e) The jury shall then return its verdict to the judge upon a form provided by the court, which may appear substantially as follows: Click here to view form. (f) If the jury cannot ultimately agree as to punishment, the judge shall dismiss the jury and the judge shall impose a sentence of imprisonment for life. The judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on the effect of the jury's failure to agree on a punishment. (g) When a defendant has been sentenced to imprisonment for life without possibility of parole, the defendant may appeal the sentence to the Tennessee court of criminal appeals. The court of criminal appeals shall first consider any errors assigned and then the court shall review the appropriateness of the sentence. Except as provided in § 39-13-204(f)(2)(B) , a sentence of imprisonment for life without possibility of parole shall be considered appropriate if the state proved beyond a reasonable doubt at least one (1) statutory aggravating circumstance contained in § 39-13-204(i) , and the sentence was not otherwise imposed arbitrarily, so as to constitute a gross abuse of the jury's discretion. Amended by 2022 Tenn. Acts, ch. 1062, s 9, eff. on the thirtieth day following the occurrence of either : (1) The issuance of the judgment in a decision of the United States supreme court overruling, in whole or in relevant part, Kennedy v. Louisiana, 554 U.S. 407 (2008); or (2) The ratification of an amendment to the Constitution of the United States approving the use of the death penalty as punishment for the conviction of an offense involving the infliction of severe physical and mental pain and suffering upon the victim with the intent to perpetrate first degree murder that does not result in the death of the victim. Amended by 2024 Tenn. Acts, ch. 951,s 25, eff. 7/1/2024.
(a) (1) In a case of first degree murder as described in § 39-13-202(c)(1) or rape of a child in which the state does not seek the death penalty, but is seeking imprisonment for life without possibility of parole as the maximum punishment, should the jury find the defendant guilty of first degree murder, the jury shall fix the punishment in a separate sentencing proceeding, to determine whether the defendant shall be sentenced to imprisonment for life without possibility of parole or imprisonment for life. The sentencing proceeding shall be conducted in accordance with § 39-13-204 , excluding references to the death penalty. (2) In a case of first degree murder as described in § 39-13-202(c)(2) , aggravated rape of a child, or grave torture, in which the state does not seek the death penalty, if the jury finds the defendant guilty, then a sentencing hearing must not be conducted as required by § 39-13-204 , and the judge shall sentence the defendant to imprisonment for life without the possibility of parole.
(1) In a case of first degree murder as described in § 39-13-202(c)(1) or rape of a child in which the state does not seek the death penalty, but is seeking imprisonment for life without possibility of parole as the maximum punishment, should the jury find the defendant guilty of first degree murder, the jury shall fix the punishment in a separate sentencing proceeding, to determine whether the defendant shall be sentenced to imprisonment for life without possibility of parole or imprisonment for life. The sentencing proceeding shall be conducted in accordance with § 39-13-204 , excluding references to the death penalty.
(2) In a case of first degree murder as described in § 39-13-202(c)(2) , aggravated rape of a child, or grave torture, in which the state does not seek the death penalty, if the jury finds the defendant guilty, then a sentencing hearing must not be conducted as required by § 39-13-204 , and the judge shall sentence the defendant to imprisonment for life without the possibility of parole.
(b) If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(1) or rape of a child and the jury unanimously determines that no statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, as set forth in § 39-13-204(i) , the jury shall return its verdict to the judge on the form described in § 39-13-204(f)(1) , and the court shall sentence the defendant to imprisonment for life.
(c) Except as provided in § 39-13-204(f)(2)(B) , if the jury unanimously determines that the state has proven beyond a reasonable doubt one (1) or more of the statutory aggravating circumstances set forth in § 39-13-204(i) , the jury shall, in its considered discretion, sentence the defendant either to imprisonment for life without possibility of parole or to imprisonment for life.
(d) The jury shall be instructed that, in imposing sentence, it shall weigh and consider the statutory aggravating circumstance or circumstances proven by the state beyond a reasonable doubt and any mitigating circumstance or circumstances.
(e) The jury shall then return its verdict to the judge upon a form provided by the court, which may appear substantially as follows: Click here to view form.
Click here to view form.
(f) If the jury cannot ultimately agree as to punishment, the judge shall dismiss the jury and the judge shall impose a sentence of imprisonment for life. The judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on the effect of the jury's failure to agree on a punishment.
(g) When a defendant has been sentenced to imprisonment for life without possibility of parole, the defendant may appeal the sentence to the Tennessee court of criminal appeals. The court of criminal appeals shall first consider any errors assigned and then the court shall review the appropriateness of the sentence. Except as provided in § 39-13-204(f)(2)(B) , a sentence of imprisonment for life without possibility of parole shall be considered appropriate if the state proved beyond a reasonable doubt at least one (1) statutory aggravating circumstance contained in § 39-13-204(i) , and the sentence was not otherwise imposed arbitrarily, so as to constitute a gross abuse of the jury's discretion.
Amended by 2022 Tenn. Acts, ch. 1062, s 9, eff. on the thirtieth day following the occurrence of either : (1) The issuance of the judgment in a decision of the United States supreme court overruling, in whole or in relevant part, Kennedy v. Louisiana, 554 U.S. 407 (2008); or (2) The ratification of an amendment to the Constitution of the United States approving the use of the death penalty as punishment for the conviction of an offense involving the infliction of severe physical and mental pain and suffering upon the victim with the intent to perpetrate first degree murder that does not result in the death of the victim.
Amended by 2024 Tenn. Acts, ch. 951,s 25, eff. 7/1/2024.
13_207_1 - Attachment
Tenn. Code Ann. § 39-11-504 — TN Code / Title 39 / Chapter 11 / Section 39-11-504
Duress
Status: in_force

(a) Duress is a defense to prosecution where the person or a third person is threatened with harm that is present, imminent, impending and of such a nature to induce a well-grounded apprehension of death, serious bodily injury, or grave sexual abuse if the act is not done. The threatened harm must be continuous throughout the time the act is being committed, and must be one from which the person cannot withdraw in safety. Further, the desirability and urgency of avoiding the harm must clearly outweigh the harm sought to be prevented by the law proscribing the conduct, according to ordinary standards of reasonableness. (b) This defense is unavailable to a person who intentionally, knowingly, or recklessly becomes involved in a situation in which it was probable that the person would be subjected to compulsion. Amended by 2021 Tenn. Acts, ch. 83, s 3, eff. 4/7/2021. Acts 1989, ch. 591, § 1.
(a) Duress is a defense to prosecution where the person or a third person is threatened with harm that is present, imminent, impending and of such a nature to induce a well-grounded apprehension of death, serious bodily injury, or grave sexual abuse if the act is not done. The threatened harm must be continuous throughout the time the act is being committed, and must be one from which the person cannot withdraw in safety. Further, the desirability and urgency of avoiding the harm must clearly outweigh the harm sought to be prevented by the law proscribing the conduct, according to ordinary standards of reasonableness.
(b) This defense is unavailable to a person who intentionally, knowingly, or recklessly becomes involved in a situation in which it was probable that the person would be subjected to compulsion.
Amended by 2021 Tenn. Acts, ch. 83, s 3, eff. 4/7/2021.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-1359 — TN Code / Title 39 / Chapter 17 / Section 39-17-1359
Prohibition at certain meetings - Posted notice - Handgun carry permit holder
Status: in_force

(a) (1) Except as provided in § 39-17-1313 , an individual, corporation, business entity, or local, state, or federal government entity or agent thereof is authorized to: (A) Prohibit the possession of weapons by any person who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, business entity, or government entity; or (B) Restrict the possession of weapons by any person who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, business entity, or government entity by allowing a handgun to be carried in a concealed manner only by persons authorized to carry a handgun pursuant to § 39-17-1351 or § 39-17-1366 . (2) The prohibition in subdivision (a)(1) shall apply to any person who is authorized to carry a firearm by authority of § 39-17-1351 or § 39-17-1366 . (b) (1) Notice of the prohibition or restriction permitted by subsection (a) shall be accomplished by displaying the notice described in subdivision (b)(3) in prominent locations, including all entrances primarily used by persons entering the property, building, or portion of the property or building where weapon possession is prohibited or restricted. The notice shall be plainly visible to the average person entering the building, property, or portion of the building or property, posted. (2) The notice required by this section shall be in English, but a duplicate notice may also be posted in any language used by patrons, customers, or persons who frequent the place where weapon possession is prohibited or restricted. (3) (A) A sign shall be used as the method of posting. (B) (i) A sign prohibiting possession in accordance with subdivision (a)(1)(A) shall include the phrase "NO FIREARMS ALLOWED", and the phrase shall measure at least one inch (1") high and eight inches (8") wide. The sign shall also include the phrase "As authorized by T.C.A. § 39-17-1359 ". (ii) The sign shall include a pictorial representation of the phrase "NO FIREARMS ALLOWED" that shall include a circle with a diagonal line through the circle and an image of a firearm inside the circle under the diagonal line. The entire pictorial representation shall be at least four inches (4") high and four inches (4") wide. The diagonal line shall be at a forty-five degree (45°) angle from the upper left to the lower right side of the circle. (C) (i) A sign restricting possession in accordance with subdivision (a)(1)(B) shall include the phrase "CONCEALED FIREARMS BY PERMIT ONLY", and the phrase shall measure at least one inch (1") high and eight inches (8") wide. The sign shall also include the phrase "As authorized by T.C.A. §§ 39-17-1351 , 39-17-1359 , and 39-17-1366 ". (ii) The sign shall include a pictorial representation of the phrase "CONCEALED FIREARMS BY PERMIT ONLY" that shall include a circle with a diagonal line through the circle and an image of a firearm inside the circle. The entire pictorial representation shall be at least four inches (4") high and four inches (4") wide. The diagonal line shall be at a forty-five degree (45°) angle from the upper left to the lower right side of the circle. (4) An individual, corporation, business entity, or government entity that, as of January 1, 2018, used signs to provide notice of the prohibition permitted by subsection (a) shall have until January 1, 2019, to replace existing signs with signs that meet the requirements of subdivision (b)(3). (c) (1) It is an offense to possess a weapon in a building or on property that is properly posted in accordance with this section. (2) Possession of a weapon on posted property in violation of this section is a Class B misdemeanor punishable by fine only of five hundred dollars ($500). (d) Nothing in this section shall be construed to alter, reduce or eliminate any civil or criminal liability that a property owner or manager may have for injuries arising on their property. (e) This section shall not apply to title 70 regarding wildlife laws, rules and regulations. (f) Except as provided in subsection (g), this section shall not apply to the grounds of any public park, natural area, historic park, nature trail, campground, forest, greenway, waterway or other similar public place that is owned or operated by the state, a county, a municipality or instrumentality thereof. The carrying of firearms in those areas shall be governed by § 39-17-1311 . (g) (1) Except as provided in subdivision (g)(2), nothing in this section shall authorize an entity of local government or a permittee thereof to enact or enforce a prohibition or restriction on the possession of a handgun by an enhanced handgun carry permit holder or concealed handgun carry permit holder on property owned or administered by the entity unless the following are provided at each public entrance to the property: (A) Metal detection devices; (B) At least one (1) law enforcement or private security officer who has been adequately trained to conduct inspections of persons entering the property by use of metal detection devices; and (C) That each person who enters the property through the public entrance when the property is open to the public and any bag, package, and other container carried by the person is inspected by a law enforcement or private security officer described in subdivision (g)(1)(B) or an authorized representative with the authority to deny entry to the property. (2) Subdivision (g)(1) does not apply to: (A) Facilities that are licensed under title 33, 37, or 68; (B) Property on which firearms are prohibited by § 39-17-1309 or § 39-17-1311(b)(1)(H)(ii) ; (C) Property on which firearms are prohibited by § 39-17-1306 at all times regardless of whether judicial proceedings are in progress; (D) Buildings that contain a law enforcement agency, as defined in § 39-13-519 ; (E) Libraries; or (F) Facilities that are licensed by the department of human services, under title 71, chapter 3, part 5, and administer a Head Start program. Amended by 2019 Tenn. Acts, ch. 479, Secs.s 11, s 12 eff. 1/1/2020. Amended by 2019 Tenn. Acts, ch. 479, s 10, eff. 1/1/2020. Amended by 2018 Tenn. Acts, ch. 823, s 1, Sec.s 2, Secs.s 3, s 4 eff. 4/24/2018. Amended by 2017 Tenn. Acts, ch. 467, s 4, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 467, s 3, eff. 7/1/2017. Amended by 2016 Tenn. Acts, ch. 638, s 1, eff. 7/1/2016. Amended by 2013 Tenn. Acts, ch. 16, s 2, eff. 7/1/2013. Acts 1996, ch. 905, § 11; 2000, ch. 929, § 1; 2009 , ch. 428, § 4; 2010 , ch. 1009, § 3.
(a) (1) Except as provided in § 39-17-1313 , an individual, corporation, business entity, or local, state, or federal government entity or agent thereof is authorized to: (A) Prohibit the possession of weapons by any person who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, business entity, or government entity; or (B) Restrict the possession of weapons by any person who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, business entity, or government entity by allowing a handgun to be carried in a concealed manner only by persons authorized to carry a handgun pursuant to § 39-17-1351 or § 39-17-1366 . (2) The prohibition in subdivision (a)(1) shall apply to any person who is authorized to carry a firearm by authority of § 39-17-1351 or § 39-17-1366 .
(1) Except as provided in § 39-17-1313 , an individual, corporation, business entity, or local, state, or federal government entity or agent thereof is authorized to: (A) Prohibit the possession of weapons by any person who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, business entity, or government entity; or (B) Restrict the possession of weapons by any person who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, business entity, or government entity by allowing a handgun to be carried in a concealed manner only by persons authorized to carry a handgun pursuant to § 39-17-1351 or § 39-17-1366 .
(A) Prohibit the possession of weapons by any person who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, business entity, or government entity; or
(B) Restrict the possession of weapons by any person who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, business entity, or government entity by allowing a handgun to be carried in a concealed manner only by persons authorized to carry a handgun pursuant to § 39-17-1351 or § 39-17-1366 .
(2) The prohibition in subdivision (a)(1) shall apply to any person who is authorized to carry a firearm by authority of § 39-17-1351 or § 39-17-1366 .
(b) (1) Notice of the prohibition or restriction permitted by subsection (a) shall be accomplished by displaying the notice described in subdivision (b)(3) in prominent locations, including all entrances primarily used by persons entering the property, building, or portion of the property or building where weapon possession is prohibited or restricted. The notice shall be plainly visible to the average person entering the building, property, or portion of the building or property, posted. (2) The notice required by this section shall be in English, but a duplicate notice may also be posted in any language used by patrons, customers, or persons who frequent the place where weapon possession is prohibited or restricted. (3) (A) A sign shall be used as the method of posting. (B) (i) A sign prohibiting possession in accordance with subdivision (a)(1)(A) shall include the phrase "NO FIREARMS ALLOWED", and the phrase shall measure at least one inch (1") high and eight inches (8") wide. The sign shall also include the phrase "As authorized by T.C.A. § 39-17-1359 ". (ii) The sign shall include a pictorial representation of the phrase "NO FIREARMS ALLOWED" that shall include a circle with a diagonal line through the circle and an image of a firearm inside the circle under the diagonal line. The entire pictorial representation shall be at least four inches (4") high and four inches (4") wide. The diagonal line shall be at a forty-five degree (45°) angle from the upper left to the lower right side of the circle. (C) (i) A sign restricting possession in accordance with subdivision (a)(1)(B) shall include the phrase "CONCEALED FIREARMS BY PERMIT ONLY", and the phrase shall measure at least one inch (1") high and eight inches (8") wide. The sign shall also include the phrase "As authorized by T.C.A. §§ 39-17-1351 , 39-17-1359 , and 39-17-1366 ". (ii) The sign shall include a pictorial representation of the phrase "CONCEALED FIREARMS BY PERMIT ONLY" that shall include a circle with a diagonal line through the circle and an image of a firearm inside the circle. The entire pictorial representation shall be at least four inches (4") high and four inches (4") wide. The diagonal line shall be at a forty-five degree (45°) angle from the upper left to the lower right side of the circle. (4) An individual, corporation, business entity, or government entity that, as of January 1, 2018, used signs to provide notice of the prohibition permitted by subsection (a) shall have until January 1, 2019, to replace existing signs with signs that meet the requirements of subdivision (b)(3).
(1) Notice of the prohibition or restriction permitted by subsection (a) shall be accomplished by displaying the notice described in subdivision (b)(3) in prominent locations, including all entrances primarily used by persons entering the property, building, or portion of the property or building where weapon possession is prohibited or restricted. The notice shall be plainly visible to the average person entering the building, property, or portion of the building or property, posted.
(2) The notice required by this section shall be in English, but a duplicate notice may also be posted in any language used by patrons, customers, or persons who frequent the place where weapon possession is prohibited or restricted.
(3) (A) A sign shall be used as the method of posting. (B) (i) A sign prohibiting possession in accordance with subdivision (a)(1)(A) shall include the phrase "NO FIREARMS ALLOWED", and the phrase shall measure at least one inch (1") high and eight inches (8") wide. The sign shall also include the phrase "As authorized by T.C.A. § 39-17-1359 ". (ii) The sign shall include a pictorial representation of the phrase "NO FIREARMS ALLOWED" that shall include a circle with a diagonal line through the circle and an image of a firearm inside the circle under the diagonal line. The entire pictorial representation shall be at least four inches (4") high and four inches (4") wide. The diagonal line shall be at a forty-five degree (45°) angle from the upper left to the lower right side of the circle. (C) (i) A sign restricting possession in accordance with subdivision (a)(1)(B) shall include the phrase "CONCEALED FIREARMS BY PERMIT ONLY", and the phrase shall measure at least one inch (1") high and eight inches (8") wide. The sign shall also include the phrase "As authorized by T.C.A. §§ 39-17-1351 , 39-17-1359 , and 39-17-1366 ". (ii) The sign shall include a pictorial representation of the phrase "CONCEALED FIREARMS BY PERMIT ONLY" that shall include a circle with a diagonal line through the circle and an image of a firearm inside the circle. The entire pictorial representation shall be at least four inches (4") high and four inches (4") wide. The diagonal line shall be at a forty-five degree (45°) angle from the upper left to the lower right side of the circle.
(A) A sign shall be used as the method of posting.
(B) (i) A sign prohibiting possession in accordance with subdivision (a)(1)(A) shall include the phrase "NO FIREARMS ALLOWED", and the phrase shall measure at least one inch (1") high and eight inches (8") wide. The sign shall also include the phrase "As authorized by T.C.A. § 39-17-1359 ". (ii) The sign shall include a pictorial representation of the phrase "NO FIREARMS ALLOWED" that shall include a circle with a diagonal line through the circle and an image of a firearm inside the circle under the diagonal line. The entire pictorial representation shall be at least four inches (4") high and four inches (4") wide. The diagonal line shall be at a forty-five degree (45°) angle from the upper left to the lower right side of the circle.
(i) A sign prohibiting possession in accordance with subdivision (a)(1)(A) shall include the phrase "NO FIREARMS ALLOWED", and the phrase shall measure at least one inch (1") high and eight inches (8") wide. The sign shall also include the phrase "As authorized by T.C.A. § 39-17-1359 ".
(ii) The sign shall include a pictorial representation of the phrase "NO FIREARMS ALLOWED" that shall include a circle with a diagonal line through the circle and an image of a firearm inside the circle under the diagonal line. The entire pictorial representation shall be at least four inches (4") high and four inches (4") wide. The diagonal line shall be at a forty-five degree (45°) angle from the upper left to the lower right side of the circle.
(C) (i) A sign restricting possession in accordance with subdivision (a)(1)(B) shall include the phrase "CONCEALED FIREARMS BY PERMIT ONLY", and the phrase shall measure at least one inch (1") high and eight inches (8") wide. The sign shall also include the phrase "As authorized by T.C.A. §§ 39-17-1351 , 39-17-1359 , and 39-17-1366 ". (ii) The sign shall include a pictorial representation of the phrase "CONCEALED FIREARMS BY PERMIT ONLY" that shall include a circle with a diagonal line through the circle and an image of a firearm inside the circle. The entire pictorial representation shall be at least four inches (4") high and four inches (4") wide. The diagonal line shall be at a forty-five degree (45°) angle from the upper left to the lower right side of the circle.
(i) A sign restricting possession in accordance with subdivision (a)(1)(B) shall include the phrase "CONCEALED FIREARMS BY PERMIT ONLY", and the phrase shall measure at least one inch (1") high and eight inches (8") wide. The sign shall also include the phrase "As authorized by T.C.A. §§ 39-17-1351 , 39-17-1359 , and 39-17-1366 ".
(ii) The sign shall include a pictorial representation of the phrase "CONCEALED FIREARMS BY PERMIT ONLY" that shall include a circle with a diagonal line through the circle and an image of a firearm inside the circle. The entire pictorial representation shall be at least four inches (4") high and four inches (4") wide. The diagonal line shall be at a forty-five degree (45°) angle from the upper left to the lower right side of the circle.
(4) An individual, corporation, business entity, or government entity that, as of January 1, 2018, used signs to provide notice of the prohibition permitted by subsection (a) shall have until January 1, 2019, to replace existing signs with signs that meet the requirements of subdivision (b)(3).
(c) (1) It is an offense to possess a weapon in a building or on property that is properly posted in accordance with this section. (2) Possession of a weapon on posted property in violation of this section is a Class B misdemeanor punishable by fine only of five hundred dollars ($500).
(1) It is an offense to possess a weapon in a building or on property that is properly posted in accordance with this section.
(2) Possession of a weapon on posted property in violation of this section is a Class B misdemeanor punishable by fine only of five hundred dollars ($500).
(d) Nothing in this section shall be construed to alter, reduce or eliminate any civil or criminal liability that a property owner or manager may have for injuries arising on their property.
(e) This section shall not apply to title 70 regarding wildlife laws, rules and regulations.
(f) Except as provided in subsection (g), this section shall not apply to the grounds of any public park, natural area, historic park, nature trail, campground, forest, greenway, waterway or other similar public place that is owned or operated by the state, a county, a municipality or instrumentality thereof. The carrying of firearms in those areas shall be governed by § 39-17-1311 .
(g) (1) Except as provided in subdivision (g)(2), nothing in this section shall authorize an entity of local government or a permittee thereof to enact or enforce a prohibition or restriction on the possession of a handgun by an enhanced handgun carry permit holder or concealed handgun carry permit holder on property owned or administered by the entity unless the following are provided at each public entrance to the property: (A) Metal detection devices; (B) At least one (1) law enforcement or private security officer who has been adequately trained to conduct inspections of persons entering the property by use of metal detection devices; and (C) That each person who enters the property through the public entrance when the property is open to the public and any bag, package, and other container carried by the person is inspected by a law enforcement or private security officer described in subdivision (g)(1)(B) or an authorized representative with the authority to deny entry to the property. (2) Subdivision (g)(1) does not apply to: (A) Facilities that are licensed under title 33, 37, or 68; (B) Property on which firearms are prohibited by § 39-17-1309 or § 39-17-1311(b)(1)(H)(ii) ; (C) Property on which firearms are prohibited by § 39-17-1306 at all times regardless of whether judicial proceedings are in progress; (D) Buildings that contain a law enforcement agency, as defined in § 39-13-519 ; (E) Libraries; or (F) Facilities that are licensed by the department of human services, under title 71, chapter 3, part 5, and administer a Head Start program.
(1) Except as provided in subdivision (g)(2), nothing in this section shall authorize an entity of local government or a permittee thereof to enact or enforce a prohibition or restriction on the possession of a handgun by an enhanced handgun carry permit holder or concealed handgun carry permit holder on property owned or administered by the entity unless the following are provided at each public entrance to the property: (A) Metal detection devices; (B) At least one (1) law enforcement or private security officer who has been adequately trained to conduct inspections of persons entering the property by use of metal detection devices; and (C) That each person who enters the property through the public entrance when the property is open to the public and any bag, package, and other container carried by the person is inspected by a law enforcement or private security officer described in subdivision (g)(1)(B) or an authorized representative with the authority to deny entry to the property.
(A) Metal detection devices;
(B) At least one (1) law enforcement or private security officer who has been adequately trained to conduct inspections of persons entering the property by use of metal detection devices; and
(C) That each person who enters the property through the public entrance when the property is open to the public and any bag, package, and other container carried by the person is inspected by a law enforcement or private security officer described in subdivision (g)(1)(B) or an authorized representative with the authority to deny entry to the property.
(2) Subdivision (g)(1) does not apply to: (A) Facilities that are licensed under title 33, 37, or 68; (B) Property on which firearms are prohibited by § 39-17-1309 or § 39-17-1311(b)(1)(H)(ii) ; (C) Property on which firearms are prohibited by § 39-17-1306 at all times regardless of whether judicial proceedings are in progress; (D) Buildings that contain a law enforcement agency, as defined in § 39-13-519 ; (E) Libraries; or (F) Facilities that are licensed by the department of human services, under title 71, chapter 3, part 5, and administer a Head Start program.
(A) Facilities that are licensed under title 33, 37, or 68;
(B) Property on which firearms are prohibited by § 39-17-1309 or § 39-17-1311(b)(1)(H)(ii) ;
(C) Property on which firearms are prohibited by § 39-17-1306 at all times regardless of whether judicial proceedings are in progress;
(D) Buildings that contain a law enforcement agency, as defined in § 39-13-519 ;
(E) Libraries; or
(F) Facilities that are licensed by the department of human services, under title 71, chapter 3, part 5, and administer a Head Start program.
Amended by 2019 Tenn. Acts, ch. 479, Secs.s 11, s 12 eff. 1/1/2020.
Amended by 2019 Tenn. Acts, ch. 479, s 10, eff. 1/1/2020.
Amended by 2018 Tenn. Acts, ch. 823, s 1, Sec.s 2, Secs.s 3, s 4 eff. 4/24/2018.
Amended by 2017 Tenn. Acts, ch. 467, s 4, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 467, s 3, eff. 7/1/2017.
Amended by 2016 Tenn. Acts, ch. 638, s 1, eff. 7/1/2016.
Amended by 2013 Tenn. Acts, ch. 16, s 2, eff. 7/1/2013.
Acts 1996, ch. 905, § 11; 2000, ch. 929, § 1; 2009 , ch. 428, § 4; 2010 , ch. 1009, § 3.