Tenn. Code Ann. § 39-17-1805 — TN Code / Title 39 / Chapter 17 / Section 39-17-1805
Posting of nonsmoking areas
Status: in_force

(a) "No Smoking" signs or the international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly and conspicuously posted at every entrance to every public place and place of employment where smoking is prohibited by this part by the owner, operator, manager, or other person in control of that place. (b) This section shall not apply to a place of worship. Acts 2007, ch. 410, § 1; 2008, ch. 897, § 1.
(a) "No Smoking" signs or the international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly and conspicuously posted at every entrance to every public place and place of employment where smoking is prohibited by this part by the owner, operator, manager, or other person in control of that place.
(b) This section shall not apply to a place of worship.
Acts 2007, ch. 410, § 1; 2008, ch. 897, § 1.
Tenn. Code Ann. § 39-16-108 — TN Code / Title 39 / Chapter 16 / Section 39-16-108
Bribing a juror
Status: in_force

(a) A person commits an offense who: (1) Offers, confers or agrees to confer any pecuniary benefit upon a juror with the intent that the juror's vote, opinion, decision or other action as a juror will be corruptly influenced; or (2) Solicits, accepts or agrees to accept any pecuniary benefit upon any agreement or understanding that the juror's vote, opinion, decision or other action as a juror will be corruptly influenced. (b) Nothing in this section shall be deemed to nullify or repeal any contempt power of any judge of any court of this state. (c) Bribing a juror is a Class C felony. Acts 1989, ch. 591, § 1.
(a) A person commits an offense who: (1) Offers, confers or agrees to confer any pecuniary benefit upon a juror with the intent that the juror's vote, opinion, decision or other action as a juror will be corruptly influenced; or (2) Solicits, accepts or agrees to accept any pecuniary benefit upon any agreement or understanding that the juror's vote, opinion, decision or other action as a juror will be corruptly influenced.
(1) Offers, confers or agrees to confer any pecuniary benefit upon a juror with the intent that the juror's vote, opinion, decision or other action as a juror will be corruptly influenced; or
(2) Solicits, accepts or agrees to accept any pecuniary benefit upon any agreement or understanding that the juror's vote, opinion, decision or other action as a juror will be corruptly influenced.
(b) Nothing in this section shall be deemed to nullify or repeal any contempt power of any judge of any court of this state.
(c) Bribing a juror is a Class C felony.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-1502 — TN Code / Title 39 / Chapter 17 / Section 39-17-1502
Purpose and intent
Status: in_force

(a) The purpose of this part is to reduce the access of persons under twenty-one (21) years of age to tobacco products by strengthening existing prohibitions against the sale and distribution of tobacco products and prohibiting the purchase or receipt of tobacco products by such persons, limiting the sale of tobacco products through vending machines, restricting the distribution of tobacco product samples, prohibiting the sale of cigarettes or smokeless tobacco products other than in unopened packages, and random, unannounced inspections of locations where tobacco products are sold or distributed, providing for the report required to be submitted to the United States department of health and human services pursuant to Section 1926 of the Public Health Service Act ( 42 U.S.C. § 300x-26 ), and ensuring uniform regulations with respect to tobacco products within this state. (b) The purpose of this part is also to prohibit the sale or distribution of vapor products to, or purchase of vapor products on behalf of, persons under twenty-one (21) years of age. (c) The purpose of this part is also to prohibit the sale or distribution of smoking hemp products to, or purchase of smoking hemp products on behalf of, persons under twenty-one (21) years of age. (d) The purpose of this part is also to prohibit the sale or distribution of smokeless nicotine products to, or purchase of smokeless nicotine products on behalf of, persons under twenty-one (21) years of age. (e) It is the intent of the general assembly that this part be equitably enforced so as to ensure the eligibility for and receipt of any federal funds or grants that this state now receives or may receive relating to this part. Amended by 2022 Tenn. Acts, ch. 810, s 1, eff. 4/8/2022. Amended by 2019 Tenn. Acts, ch. 303, s 3, eff. 7/1/2019. Amended by 2015 Tenn. Acts, ch. 353, s 2, eff. 7/1/2015. Acts 1994, ch. 872, § 2; 2011 , ch. 501, § 2.
(a) The purpose of this part is to reduce the access of persons under twenty-one (21) years of age to tobacco products by strengthening existing prohibitions against the sale and distribution of tobacco products and prohibiting the purchase or receipt of tobacco products by such persons, limiting the sale of tobacco products through vending machines, restricting the distribution of tobacco product samples, prohibiting the sale of cigarettes or smokeless tobacco products other than in unopened packages, and random, unannounced inspections of locations where tobacco products are sold or distributed, providing for the report required to be submitted to the United States department of health and human services pursuant to Section 1926 of the Public Health Service Act ( 42 U.S.C. § 300x-26 ), and ensuring uniform regulations with respect to tobacco products within this state.
(b) The purpose of this part is also to prohibit the sale or distribution of vapor products to, or purchase of vapor products on behalf of, persons under twenty-one (21) years of age.
(c) The purpose of this part is also to prohibit the sale or distribution of smoking hemp products to, or purchase of smoking hemp products on behalf of, persons under twenty-one (21) years of age.
(d) The purpose of this part is also to prohibit the sale or distribution of smokeless nicotine products to, or purchase of smokeless nicotine products on behalf of, persons under twenty-one (21) years of age.
(e) It is the intent of the general assembly that this part be equitably enforced so as to ensure the eligibility for and receipt of any federal funds or grants that this state now receives or may receive relating to this part.
Amended by 2022 Tenn. Acts, ch. 810, s 1, eff. 4/8/2022.
Amended by 2019 Tenn. Acts, ch. 303, s 3, eff. 7/1/2019.
Amended by 2015 Tenn. Acts, ch. 353, s 2, eff. 7/1/2015.
Acts 1994, ch. 872, § 2; 2011 , ch. 501, § 2.
Tenn. Code Ann. § 39-17-1001 — TN Code / Title 39 / Chapter 17 / Section 39-17-1001
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Protection of Children Against Sexual Exploitation Act of 1990." Acts 1990, ch. 1092, § 7.
This part shall be known and may be cited as the "Tennessee Protection of Children Against Sexual Exploitation Act of 1990."
Acts 1990, ch. 1092, § 7.
Tenn. Code Ann. § 39-16-704 — TN Code / Title 39 / Chapter 16 / Section 39-16-704
Retraction
Status: in_force

It is a defense to prosecution for aggravated perjury that the person retracted the false statement before completion of the testimony at the official proceeding during which the aggravated perjury was committed. Acts 1989, ch. 591, § 1.
It is a defense to prosecution for aggravated perjury that the person retracted the false statement before completion of the testimony at the official proceeding during which the aggravated perjury was committed.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-15-514 — TN Code / Title 39 / Chapter 15 / Section 39-15-514
Jurisdiction
Status: in_force

The circuit, general sessions, and chancery courts have jurisdiction over proceedings arising under this part. Added by 2021 Tenn. Acts, ch. 500,s 14, eff. 10/1/2021.
The circuit, general sessions, and chancery courts have jurisdiction over proceedings arising under this part.
Added by 2021 Tenn. Acts, ch. 500,s 14, eff. 10/1/2021.
Tenn. Code Ann. § 39-17-651 — TN Code / Title 39 / Chapter 17 / Section 39-17-651
Offense of selling annual event tickets, shares, chances or similar records for period longer than authorized
Status: in_force

(a) It is an offense for any person to knowingly sell annual event tickets, shares, chances or similar records for a period longer than the period authorized pursuant to § 3-17-103(d)(3) . (b) A violation of this section is a Class C misdemeanor; provided, however, that the maximum fine shall be one thousand dollars ($1,000) per day in excess of the authorized period. Acts 2004, ch. 476, § 9.
(a) It is an offense for any person to knowingly sell annual event tickets, shares, chances or similar records for a period longer than the period authorized pursuant to § 3-17-103(d)(3) .
(b) A violation of this section is a Class C misdemeanor; provided, however, that the maximum fine shall be one thousand dollars ($1,000) per day in excess of the authorized period.
Acts 2004, ch. 476, § 9.
Tenn. Code Ann. § 39-11-616 — TN Code / Title 39 / Chapter 11 / Section 39-11-616
Use of device to protect property
Status: in_force

(a) The justification afforded by §§ 39-11-614 and 39-11-615 extends to the use of a device for the purpose of protecting property, only if: (1) The device is not designed to cause or known to create a substantial risk of causing death or serious bodily harm; (2) The use of the particular device to protect the property from entry or trespass is reasonable under the circumstances as the person believes them to be; and (3) The device is one customarily used for such a purpose, or reasonable care is taken to make known to probable intruders the fact that it is used. (b) Nothing in this section shall affect the law regarding the use of animals to protect property or persons. Acts 1989, ch. 591, § 1.
(a) The justification afforded by §§ 39-11-614 and 39-11-615 extends to the use of a device for the purpose of protecting property, only if: (1) The device is not designed to cause or known to create a substantial risk of causing death or serious bodily harm; (2) The use of the particular device to protect the property from entry or trespass is reasonable under the circumstances as the person believes them to be; and (3) The device is one customarily used for such a purpose, or reasonable care is taken to make known to probable intruders the fact that it is used.
(1) The device is not designed to cause or known to create a substantial risk of causing death or serious bodily harm;
(2) The use of the particular device to protect the property from entry or trespass is reasonable under the circumstances as the person believes them to be; and
(3) The device is one customarily used for such a purpose, or reasonable care is taken to make known to probable intruders the fact that it is used.
(b) Nothing in this section shall affect the law regarding the use of animals to protect property or persons.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-14-131 — TN Code / Title 39 / Chapter 14 / Section 39-14-131
Destruction or concealment of will
Status: in_force

Any person who destroys or conceals the last will and testament of a testator, or any codicil thereto, with intent to prevent the probate thereof or defraud any devisee or legatee, commits a Class E felony. Acts 1989, ch. 591, § 1.
Any person who destroys or conceals the last will and testament of a testator, or any codicil thereto, with intent to prevent the probate thereof or defraud any devisee or legatee, commits a Class E felony.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-715 — TN Code / Title 39 / Chapter 17 / Section 39-17-715
Consuming alcoholic beverages on school premises
Status: in_force

(a) It is unlawful to consume or possess any alcoholic beverage on the school plant or grounds of any public school in this state having any of the grades kindergarten through twelve (K-12). (b) A violation of this section is a Class C misdemeanor. Acts 1989, ch. 591, § 1.
(a) It is unlawful to consume or possess any alcoholic beverage on the school plant or grounds of any public school in this state having any of the grades kindergarten through twelve (K-12).
(b) A violation of this section is a Class C misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-1511 — TN Code / Title 39 / Chapter 17 / Section 39-17-1511
Maintenance of smoking paraphernalia in area inaccessible to customers
Status: in_force

(a) For the purpose of this section: (1) "Counter" means the point of purchase at a retail establishment; (2) "Retail establishment" means a place of business open to the general public for the sale of goods or services; and (3) "Smoking paraphernalia" means: (A) A cigarette holder; (B) A smoking pipe made of metal, wood, acrylic, glass, stone, or plastic with or without screens, permanent screens, hashish heads or punctured metal bowls; (C) A water pipe; (D) Rose and pen combinations; or (E) Vapor products; and (4) "Smoking paraphernalia" does not include a smoking pipe or smoking device when sold at retail, if the smoking pipe or smoking device is primarily made of briar, meerschaum, clay or corn cob. (b) All smoking paraphernalia shall be maintained behind the counter of a retail establishment in an area inaccessible to a customer or in a locked display case that makes the products unavailable to a customer without the assistance of an employee. (c) (1) A violation of this section is punishable as provided in § 39-17-1509 . (2) If smoking paraphernalia is sold in violation of this section by an employee, the owner or operator of the retail establishment where the employee sold the products shall be in violation of this section. Amended by 2020 Tenn. Acts, ch. 732, s 21, eff. 1/1/2021. Added by 2013 Tenn. Acts, ch. 194, s 1, eff. 7/1/2013.
(a) For the purpose of this section: (1) "Counter" means the point of purchase at a retail establishment; (2) "Retail establishment" means a place of business open to the general public for the sale of goods or services; and (3) "Smoking paraphernalia" means: (A) A cigarette holder; (B) A smoking pipe made of metal, wood, acrylic, glass, stone, or plastic with or without screens, permanent screens, hashish heads or punctured metal bowls; (C) A water pipe; (D) Rose and pen combinations; or (E) Vapor products; and (4) "Smoking paraphernalia" does not include a smoking pipe or smoking device when sold at retail, if the smoking pipe or smoking device is primarily made of briar, meerschaum, clay or corn cob.
(1) "Counter" means the point of purchase at a retail establishment;
(2) "Retail establishment" means a place of business open to the general public for the sale of goods or services; and
(3) "Smoking paraphernalia" means: (A) A cigarette holder; (B) A smoking pipe made of metal, wood, acrylic, glass, stone, or plastic with or without screens, permanent screens, hashish heads or punctured metal bowls; (C) A water pipe; (D) Rose and pen combinations; or (E) Vapor products; and
(A) A cigarette holder;
(B) A smoking pipe made of metal, wood, acrylic, glass, stone, or plastic with or without screens, permanent screens, hashish heads or punctured metal bowls;
(C) A water pipe;
(D) Rose and pen combinations; or
(E) Vapor products; and
(4) "Smoking paraphernalia" does not include a smoking pipe or smoking device when sold at retail, if the smoking pipe or smoking device is primarily made of briar, meerschaum, clay or corn cob.
(b) All smoking paraphernalia shall be maintained behind the counter of a retail establishment in an area inaccessible to a customer or in a locked display case that makes the products unavailable to a customer without the assistance of an employee.
(c) (1) A violation of this section is punishable as provided in § 39-17-1509 . (2) If smoking paraphernalia is sold in violation of this section by an employee, the owner or operator of the retail establishment where the employee sold the products shall be in violation of this section.
(1) A violation of this section is punishable as provided in § 39-17-1509 .
(2) If smoking paraphernalia is sold in violation of this section by an employee, the owner or operator of the retail establishment where the employee sold the products shall be in violation of this section.
Amended by 2020 Tenn. Acts, ch. 732, s 21, eff. 1/1/2021.
Added by 2013 Tenn. Acts, ch. 194, s 1, eff. 7/1/2013.
Tenn. Code Ann. § 39-17-304 — TN Code / Title 39 / Chapter 17 / Section 39-17-304
Inciting to riot
Status: in_force

(a) A person commits an offense who incites or urges three (3) or more persons to create or engage in a riot. (b) A violation of this section is a Class A misdemeanor. In any sentence imposed for a violation of this section, the court shall include an order of restitution for any property damage or loss incurred as a result of the offense. Amended by 2020EX2 Tenn. Acts, ch. 3, s 13, eff. 8/20/2020. Acts 1989, ch. 591, § 1.
(a) A person commits an offense who incites or urges three (3) or more persons to create or engage in a riot.
(b) A violation of this section is a Class A misdemeanor. In any sentence imposed for a violation of this section, the court shall include an order of restitution for any property damage or loss incurred as a result of the offense.
Amended by 2020EX2 Tenn. Acts, ch. 3, s 13, eff. 8/20/2020.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-910 — TN Code / Title 39 / Chapter 17 / Section 39-17-910
Unlawful possession, sale, distribution, or transportation of child-like sex doll
Status: in_force

(a) It is an offense for a person to knowingly possess a child-like sex doll. (b) It is an offense for a person to knowingly sell or distribute a child-like sex doll. (c) It is an offense for a person to knowingly transport a child-like sex doll into this state or within this state with the intent to sell or distribute the child-like sex doll. (d) As used in this section, "child-like sex doll" means an obscene anatomically correct doll, mannequin, or robot that is intended for sexual stimulation or gratification and that has the features of, or has features that resemble those of, a minor. (e) A violation of subsection (a) is a Class A misdemeanor. (f) A violation of subsection (b) or (c) is a Class E felony, and in addition, notwithstanding § 40-35-111 , a violator shall be fined an amount not less than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000). Any fine must be paid to the clerk of the court imposing the sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund pursuant to this subsection (f) are subject to appropriation by the general assembly for the exclusive purposes of funding child advocacy centers, court-appointed special advocates, and sexual assault centers. Added by 2019 Tenn. Acts, ch. 360,s 1, eff. 7/1/2019.
(a) It is an offense for a person to knowingly possess a child-like sex doll.
(b) It is an offense for a person to knowingly sell or distribute a child-like sex doll.
(c) It is an offense for a person to knowingly transport a child-like sex doll into this state or within this state with the intent to sell or distribute the child-like sex doll.
(d) As used in this section, "child-like sex doll" means an obscene anatomically correct doll, mannequin, or robot that is intended for sexual stimulation or gratification and that has the features of, or has features that resemble those of, a minor.
(e) A violation of subsection (a) is a Class A misdemeanor.
(f) A violation of subsection (b) or (c) is a Class E felony, and in addition, notwithstanding § 40-35-111 , a violator shall be fined an amount not less than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000). Any fine must be paid to the clerk of the court imposing the sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund pursuant to this subsection (f) are subject to appropriation by the general assembly for the exclusive purposes of funding child advocacy centers, court-appointed special advocates, and sexual assault centers.
Added by 2019 Tenn. Acts, ch. 360,s 1, eff. 7/1/2019.
Tenn. Code Ann. § 39-17-1801 — TN Code / Title 39 / Chapter 17 / Section 39-17-1801
Short title
Status: in_force

This part shall be known and may be cited as the "Non-Smoker Protection Act." Acts 2007, ch. 410, § 1.
This part shall be known and may be cited as the "Non-Smoker Protection Act."
Acts 2007, ch. 410, § 1.
Tenn. Code Ann. § 39-17-1323 — TN Code / Title 39 / Chapter 17 / Section 39-17-1323
Commission of certain offenses while wearing a body vest
Status: in_force

(a) A person commits an offense who knowingly wears a body vest, when acting either alone or with one (1) or more other persons, while committing: (1) Any felony whose statutory elements involve the use or threat of violence to a human being; (2) Any burglary, car-jacking, theft of a motor vehicle, or arson; or (3) Any felony offense involving a controlled substance or controlled substance analogue. (b) For purposes of this section, a "body vest" means a bullet-resistant soft armor providing, as a minimum standard, the level of protection known as threat level I which shall mean at least seven (7) layers of bullet-resistant material providing protection from three (3) shots of one hundred fifty-eight-grain lead ammunition fired from a .38 caliber handgun at a velocity of eight hundred fifty feet (850') per second. (c) The unlawful wearing of a body vest is a Class E felony. (d) Nothing in this section shall prohibit the possession of a body vest for lawful purposes. (e) Any sentence imposed under this section shall run consecutively to any other sentence imposed for the conviction of the underlying offense. Acts 1997, ch. 321, § 1; 2012, ch. 848, § 23.
(a) A person commits an offense who knowingly wears a body vest, when acting either alone or with one (1) or more other persons, while committing: (1) Any felony whose statutory elements involve the use or threat of violence to a human being; (2) Any burglary, car-jacking, theft of a motor vehicle, or arson; or (3) Any felony offense involving a controlled substance or controlled substance analogue.
(1) Any felony whose statutory elements involve the use or threat of violence to a human being;
(2) Any burglary, car-jacking, theft of a motor vehicle, or arson; or
(3) Any felony offense involving a controlled substance or controlled substance analogue.
(b) For purposes of this section, a "body vest" means a bullet-resistant soft armor providing, as a minimum standard, the level of protection known as threat level I which shall mean at least seven (7) layers of bullet-resistant material providing protection from three (3) shots of one hundred fifty-eight-grain lead ammunition fired from a .38 caliber handgun at a velocity of eight hundred fifty feet (850') per second.
(c) The unlawful wearing of a body vest is a Class E felony.
(d) Nothing in this section shall prohibit the possession of a body vest for lawful purposes.
(e) Any sentence imposed under this section shall run consecutively to any other sentence imposed for the conviction of the underlying offense.
Acts 1997, ch. 321, § 1; 2012, ch. 848, § 23.
Tenn. Code Ann. § 39-13-502 — TN Code / Title 39 / Chapter 13 / Section 39-13-502
Aggravated rape
Status: in_force

(a) Aggravated rape is unlawful sexual penetration of a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances: (1) Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon; (2) The defendant causes bodily injury to the victim; (3) The defendant is aided or abetted by one (1) or more other persons; and (A) Force or coercion is used to accomplish the act; or (B) The defendant knows or has reason to know that the victim is: (i) Mentally defective; (ii) Mentally incapacitated; (iii) Physically helpless; (iv) A vulnerable adult, as defined in § 39-15-501 , with an intellectual disability; or (4) The defendant knows that the defendant is infected with HIV. As used in this subdivision (a)(4), "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome. (b) (1) Aggravated rape is a Class A felony. (2) Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case shall it be lower than Range II. Amended by 2024 Tenn. Acts, ch. 844,s 1, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 155, s 2, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 500, s 3, eff. 10/1/2021. Acts 1989, ch. 591, § 1; 1990, ch. 980, § 3; 1992, ch. 878, § 3.
(a) Aggravated rape is unlawful sexual penetration of a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances: (1) Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon; (2) The defendant causes bodily injury to the victim; (3) The defendant is aided or abetted by one (1) or more other persons; and (A) Force or coercion is used to accomplish the act; or (B) The defendant knows or has reason to know that the victim is: (i) Mentally defective; (ii) Mentally incapacitated; (iii) Physically helpless; (iv) A vulnerable adult, as defined in § 39-15-501 , with an intellectual disability; or (4) The defendant knows that the defendant is infected with HIV. As used in this subdivision (a)(4), "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome.
(1) Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
(2) The defendant causes bodily injury to the victim;
(3) The defendant is aided or abetted by one (1) or more other persons; and (A) Force or coercion is used to accomplish the act; or (B) The defendant knows or has reason to know that the victim is: (i) Mentally defective; (ii) Mentally incapacitated; (iii) Physically helpless; (iv) A vulnerable adult, as defined in § 39-15-501 , with an intellectual disability; or
(A) Force or coercion is used to accomplish the act; or
(B) The defendant knows or has reason to know that the victim is: (i) Mentally defective; (ii) Mentally incapacitated; (iii) Physically helpless; (iv) A vulnerable adult, as defined in § 39-15-501 , with an intellectual disability; or
(i) Mentally defective;
(ii) Mentally incapacitated;
(iii) Physically helpless;
(iv) A vulnerable adult, as defined in § 39-15-501 , with an intellectual disability; or
(4) The defendant knows that the defendant is infected with HIV. As used in this subdivision (a)(4), "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome.
(b) (1) Aggravated rape is a Class A felony. (2) Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case shall it be lower than Range II.
(1) Aggravated rape is a Class A felony.
(2) Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case shall it be lower than Range II.
Amended by 2024 Tenn. Acts, ch. 844,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 155, s 2, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 500, s 3, eff. 10/1/2021.
Acts 1989, ch. 591, § 1; 1990, ch. 980, § 3; 1992, ch. 878, § 3.
Tenn. Code Ann. § 39-13-401 — TN Code / Title 39 / Chapter 13 / Section 39-13-401
Robbery
Status: in_force

(a) Robbery is the intentional or knowing theft of property from the person of another by violence or putting the person in fear. (b) Robbery is a Class C felony. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 16.
(a) Robbery is the intentional or knowing theft of property from the person of another by violence or putting the person in fear.
(b) Robbery is a Class C felony.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 16.
Tenn. Code Ann. § 39-17-1606 — TN Code / Title 39 / Chapter 17 / Section 39-17-1606
Penalty - Enforcement
Status: in_force

(a) An institution violating this part or failing to take reasonable measures to enforce this part commits a Class B misdemeanor, punishable only by a fine not to exceed five hundred dollars ($500). (b) Any law enforcement officer may issue a citation regarding a violation of this part. Acts 1995, ch. 455, § 6.
(a) An institution violating this part or failing to take reasonable measures to enforce this part commits a Class B misdemeanor, punishable only by a fine not to exceed five hundred dollars ($500).
(b) Any law enforcement officer may issue a citation regarding a violation of this part.
Acts 1995, ch. 455, § 6.
Tenn. Code Ann. § 39-11-705 — TN Code / Title 39 / Chapter 11 / Section 39-11-705
Jurisdiction and venue
Status: in_force

(a) Jurisdiction in a civil forfeiture action under this part extends to the chancery and circuit courts of this state, and general sessions courts for personal property where the value of personal property subject to forfeiture does not exceed the jurisdictional limits of the court, over the following: (1) All interests in property if the property for which forfeiture is sought is within this state at the time the action is filed; and (2) The interest of an owner or interest holder in the property for which forfeiture is sought if the owner or interest holder is subject to the personal jurisdiction of the court. (b) Jurisdiction in a criminal forfeiture action under this part extends to the circuit and criminal courts of this state, and general sessions courts for personal property where the value of personal property subject to forfeiture does not exceed the jurisdictional limits of the court and the state and defendant consent to the exercise of jurisdiction by the general sessions court. Jurisdiction over the interests of a third party who is not a defendant in the criminal prosecution must be exercised in a separate civil forfeiture action. (c) In addition to any other provision of law, a proceeding for forfeiture under this part may be maintained in the judicial district in which any part of the property is found or in the judicial district in which a criminal prosecution could be maintained against an owner or interest holder for the conduct alleged to give rise to the forfeiture. Any court with jurisdiction pursuant to this section may issue and cause to be served in any other judicial district such process as may be required to bring before the court the property that is the subject of the forfeiture action. Acts 1998, ch. 979, § 5; 2001, ch. 381, § 1.
(a) Jurisdiction in a civil forfeiture action under this part extends to the chancery and circuit courts of this state, and general sessions courts for personal property where the value of personal property subject to forfeiture does not exceed the jurisdictional limits of the court, over the following: (1) All interests in property if the property for which forfeiture is sought is within this state at the time the action is filed; and (2) The interest of an owner or interest holder in the property for which forfeiture is sought if the owner or interest holder is subject to the personal jurisdiction of the court.
(1) All interests in property if the property for which forfeiture is sought is within this state at the time the action is filed; and
(2) The interest of an owner or interest holder in the property for which forfeiture is sought if the owner or interest holder is subject to the personal jurisdiction of the court.
(b) Jurisdiction in a criminal forfeiture action under this part extends to the circuit and criminal courts of this state, and general sessions courts for personal property where the value of personal property subject to forfeiture does not exceed the jurisdictional limits of the court and the state and defendant consent to the exercise of jurisdiction by the general sessions court. Jurisdiction over the interests of a third party who is not a defendant in the criminal prosecution must be exercised in a separate civil forfeiture action.
(c) In addition to any other provision of law, a proceeding for forfeiture under this part may be maintained in the judicial district in which any part of the property is found or in the judicial district in which a criminal prosecution could be maintained against an owner or interest holder for the conduct alleged to give rise to the forfeiture. Any court with jurisdiction pursuant to this section may issue and cause to be served in any other judicial district such process as may be required to bring before the court the property that is the subject of the forfeiture action.
Acts 1998, ch. 979, § 5; 2001, ch. 381, § 1.
Tenn. Code Ann. § 39-16-706 — TN Code / Title 39 / Chapter 16 / Section 39-16-706
Irregularity in oath
Status: in_force

It is no defense to prosecution for perjury or aggravated perjury that: (1) The oath was administered or taken in an irregular manner, or that there was some irregularity in the appointment or qualification of the person who administered the oath; or (2) The document was not sworn to if the document contained a recital that it was made under oath, the defendant knew or should have known of the recital when the defendant signed the document, and the document contained the signed jurat of a public servant or notary public authorized to administer oaths. Acts 1989, ch. 591, § 1.
It is no defense to prosecution for perjury or aggravated perjury that:
(1) The oath was administered or taken in an irregular manner, or that there was some irregularity in the appointment or qualification of the person who administered the oath; or
(2) The document was not sworn to if the document contained a recital that it was made under oath, the defendant knew or should have known of the recital when the defendant signed the document, and the document contained the signed jurat of a public servant or notary public authorized to administer oaths.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-13-214 — TN Code / Title 39 / Chapter 13 / Section 39-13-214
"Another" and "another person" to include fetus of a human being
Status: in_force

(a) For the purposes of this part, "another" and "another person" include a human embryo or fetus at any stage of gestation in utero, when any such term refers to the victim of any act made criminal by this part. (b) Nothing in this section shall be construed to amend [former] § 39-15-201 [repealed], or §§ 39-15-203 - 39-15-205 and 39-15-207. (c) Nothing in subsection (a) shall apply to any act or omission by a pregnant woman with respect to an embryo or fetus with which she is pregnant, or to any lawful medical or surgical procedure to which a pregnant woman consents, performed by a health care professional who is licensed to perform such procedure. Acts 1989, ch. 591, § 1; T.C.A., § 39-13-210 ; Acts 1990, ch. 1038, § 4; 2011 , ch. 408, § 2; 2012 , ch. 1006, §§ 1, 2.
(a) For the purposes of this part, "another" and "another person" include a human embryo or fetus at any stage of gestation in utero, when any such term refers to the victim of any act made criminal by this part.
(b) Nothing in this section shall be construed to amend [former] § 39-15-201 [repealed], or §§ 39-15-203 - 39-15-205 and 39-15-207.
(c) Nothing in subsection (a) shall apply to any act or omission by a pregnant woman with respect to an embryo or fetus with which she is pregnant, or to any lawful medical or surgical procedure to which a pregnant woman consents, performed by a health care professional who is licensed to perform such procedure.
Acts 1989, ch. 591, § 1; T.C.A., § 39-13-210 ; Acts 1990, ch. 1038, § 4; 2011 , ch. 408, § 2; 2012 , ch. 1006, §§ 1, 2.
Tenn. Code Ann. § 39-13-505 — TN Code / Title 39 / Chapter 13 / Section 39-13-505
Sexual battery
Status: in_force

(a) Sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances: (1) Force or coercion is used to accomplish the act; (2) The sexual contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent; (3) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or (4) The sexual contact is accomplished by fraud. (b) As used in this section, "coercion" means the threat of kidnapping, extortion, force or violence to be performed immediately or in the future. (c) For purposes of this section, a victim is incapable of consent if: (1) The sexual contact with the victim occurs during the course of a consultation, examination, ongoing treatment, therapy, or other provision of professional services described in subdivision (c)(2); and (2) The defendant, whether licensed by the state or not, is a member of the clergy, healthcare professional, or alcohol and drug abuse counselor who was treating the victim for a mental, emotional, or physical condition. (d) Sexual battery is a Class E felony. Amended by 2021 Tenn. Acts, ch. 509, s 1, eff. 7/1/2021. Acts 1989, ch. 591, § 1; 1995, ch. 484, § 2; 1996, ch. 675, § 74; 1997 , ch. 256, § 3; 1997 , ch. 406, § 3; 2005, ch. 353, § 12.
(a) Sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances: (1) Force or coercion is used to accomplish the act; (2) The sexual contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent; (3) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or (4) The sexual contact is accomplished by fraud.
(1) Force or coercion is used to accomplish the act;
(2) The sexual contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent;
(3) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
(4) The sexual contact is accomplished by fraud.
(b) As used in this section, "coercion" means the threat of kidnapping, extortion, force or violence to be performed immediately or in the future.
(c) For purposes of this section, a victim is incapable of consent if: (1) The sexual contact with the victim occurs during the course of a consultation, examination, ongoing treatment, therapy, or other provision of professional services described in subdivision (c)(2); and (2) The defendant, whether licensed by the state or not, is a member of the clergy, healthcare professional, or alcohol and drug abuse counselor who was treating the victim for a mental, emotional, or physical condition.
(1) The sexual contact with the victim occurs during the course of a consultation, examination, ongoing treatment, therapy, or other provision of professional services described in subdivision (c)(2); and
(2) The defendant, whether licensed by the state or not, is a member of the clergy, healthcare professional, or alcohol and drug abuse counselor who was treating the victim for a mental, emotional, or physical condition.
(d) Sexual battery is a Class E felony.
Amended by 2021 Tenn. Acts, ch. 509, s 1, eff. 7/1/2021.
Acts 1989, ch. 591, § 1; 1995, ch. 484, § 2; 1996, ch. 675, § 74; 1997 , ch. 256, § 3; 1997 , ch. 406, § 3; 2005, ch. 353, § 12.
Tenn. Code Ann. § 39-13-516 — TN Code / Title 39 / Chapter 13 / Section 39-13-516
Aggravated prostitution
Status: in_force

(a) A person commits aggravated prostitution when, knowing that such person is infected with HIV, the person engages in sexual activity as a business or is an inmate in a house of prostitution or loiters in a public place for the purpose of being hired to engage in sexual activity. (b) For the purposes of this section, "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome. (c) Nothing in this section shall be construed to require that an infection with HIV has occurred in order for a person to have committed aggravated prostitution. (d) Aggravated prostitution is a Class C felony. Acts 1991, ch. 281, § 2.
(a) A person commits aggravated prostitution when, knowing that such person is infected with HIV, the person engages in sexual activity as a business or is an inmate in a house of prostitution or loiters in a public place for the purpose of being hired to engage in sexual activity.
(b) For the purposes of this section, "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome.
(c) Nothing in this section shall be construed to require that an infection with HIV has occurred in order for a person to have committed aggravated prostitution.
(d) Aggravated prostitution is a Class C felony.
Acts 1991, ch. 281, § 2.
Tenn. Code Ann. § 39-16-502 — TN Code / Title 39 / Chapter 16 / Section 39-16-502
False reports
Status: in_force

(a) It is unlawful for any person to: (1) Initiate a report or statement to a law enforcement officer concerning an offense or incident within the officer's concern knowing that: (A) The offense or incident reported did not occur; (B) The person has no information relating to the offense or incident reported; or (C) The information relating to the offense reported is false; or (2) Make a report or statement in response to a legitimate inquiry by a law enforcement officer concerning a material fact about an offense or incident within the officer's concern, knowing that the report or statement is false and with the intent to obstruct or hinder the officer from: (A) Preventing the offense or incident from occurring or continuing to occur; or (B) Apprehending or locating another person suspected of committing an offense; or (3) Intentionally initiate or circulate a report of a past, present, or impending bombing, active shooter, hostage situation, fire, or other emergency, knowing that the report is false or baseless and knowing: (A) It will cause action of any sort by an official or volunteer agency organized to deal with those emergencies, including, but not limited to, action by a special weapons and tactics team or other division of law enforcement designed to deal with high-risk situations; (B) It will place a person in fear of imminent serious bodily injury; or (C) It will prevent or interrupt the occupation of: (i) Any building, place of assembly, form of conveyance, or any other place to which the public has access; or (ii) A private residence or residential building. (b) (1) A violation of subdivision (a)(1) or (a)(2) is a Class D felony. (2) A violation of subdivision (a)(3) is a Class C felony. Amended by 2024 Tenn. Acts, ch. 794,s 1, eff. 7/1/2024. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 28; 1998, ch. 690, § 1; 2000, ch. 976, § 1; 2002, ch. 849, § 6.
(a) It is unlawful for any person to: (1) Initiate a report or statement to a law enforcement officer concerning an offense or incident within the officer's concern knowing that: (A) The offense or incident reported did not occur; (B) The person has no information relating to the offense or incident reported; or (C) The information relating to the offense reported is false; or (2) Make a report or statement in response to a legitimate inquiry by a law enforcement officer concerning a material fact about an offense or incident within the officer's concern, knowing that the report or statement is false and with the intent to obstruct or hinder the officer from: (A) Preventing the offense or incident from occurring or continuing to occur; or (B) Apprehending or locating another person suspected of committing an offense; or (3) Intentionally initiate or circulate a report of a past, present, or impending bombing, active shooter, hostage situation, fire, or other emergency, knowing that the report is false or baseless and knowing: (A) It will cause action of any sort by an official or volunteer agency organized to deal with those emergencies, including, but not limited to, action by a special weapons and tactics team or other division of law enforcement designed to deal with high-risk situations; (B) It will place a person in fear of imminent serious bodily injury; or (C) It will prevent or interrupt the occupation of: (i) Any building, place of assembly, form of conveyance, or any other place to which the public has access; or (ii) A private residence or residential building.
(1) Initiate a report or statement to a law enforcement officer concerning an offense or incident within the officer's concern knowing that: (A) The offense or incident reported did not occur; (B) The person has no information relating to the offense or incident reported; or (C) The information relating to the offense reported is false; or
(A) The offense or incident reported did not occur;
(B) The person has no information relating to the offense or incident reported; or
(C) The information relating to the offense reported is false; or
(2) Make a report or statement in response to a legitimate inquiry by a law enforcement officer concerning a material fact about an offense or incident within the officer's concern, knowing that the report or statement is false and with the intent to obstruct or hinder the officer from: (A) Preventing the offense or incident from occurring or continuing to occur; or (B) Apprehending or locating another person suspected of committing an offense; or
(A) Preventing the offense or incident from occurring or continuing to occur; or
(B) Apprehending or locating another person suspected of committing an offense; or
(3) Intentionally initiate or circulate a report of a past, present, or impending bombing, active shooter, hostage situation, fire, or other emergency, knowing that the report is false or baseless and knowing: (A) It will cause action of any sort by an official or volunteer agency organized to deal with those emergencies, including, but not limited to, action by a special weapons and tactics team or other division of law enforcement designed to deal with high-risk situations; (B) It will place a person in fear of imminent serious bodily injury; or (C) It will prevent or interrupt the occupation of: (i) Any building, place of assembly, form of conveyance, or any other place to which the public has access; or (ii) A private residence or residential building.
(A) It will cause action of any sort by an official or volunteer agency organized to deal with those emergencies, including, but not limited to, action by a special weapons and tactics team or other division of law enforcement designed to deal with high-risk situations;
(B) It will place a person in fear of imminent serious bodily injury; or
(C) It will prevent or interrupt the occupation of: (i) Any building, place of assembly, form of conveyance, or any other place to which the public has access; or (ii) A private residence or residential building.
(i) Any building, place of assembly, form of conveyance, or any other place to which the public has access; or
(ii) A private residence or residential building.
(b) (1) A violation of subdivision (a)(1) or (a)(2) is a Class D felony. (2) A violation of subdivision (a)(3) is a Class C felony.
(1) A violation of subdivision (a)(1) or (a)(2) is a Class D felony.
(2) A violation of subdivision (a)(3) is a Class C felony.
Amended by 2024 Tenn. Acts, ch. 794,s 1, eff. 7/1/2024.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 28; 1998, ch. 690, § 1; 2000, ch. 976, § 1; 2002, ch. 849, § 6.
Tenn. Code Ann. § 39-11-203 — TN Code / Title 39 / Chapter 11 / Section 39-11-203
Defense
Status: in_force

(a) A defense to prosecution for an offense in this title is so labeled by the phrase: "It is a defense to prosecution under ... that ..." (b) The state is not required to negate the existence of a defense in the charge alleging commission of the offense. (c) The issue of the existence of a defense is not submitted to the jury unless it is fairly raised by the proof. (d) If the issue of the existence of a defense is submitted to the jury, the court shall instruct the jury that any reasonable doubt on the issue requires the defendant to be acquitted. (e) (1) A ground of defense, other than one (1) negating an element of the offense or an affirmative defense, that is not plainly labeled in accordance with this part has the procedural and evidentiary consequences of a defense. (2) Defenses available under common law are hereby abolished. Acts 1989, ch. 591, § 1.
(a) A defense to prosecution for an offense in this title is so labeled by the phrase: "It is a defense to prosecution under ... that ..."
(b) The state is not required to negate the existence of a defense in the charge alleging commission of the offense.
(c) The issue of the existence of a defense is not submitted to the jury unless it is fairly raised by the proof.
(d) If the issue of the existence of a defense is submitted to the jury, the court shall instruct the jury that any reasonable doubt on the issue requires the defendant to be acquitted.
(e) (1) A ground of defense, other than one (1) negating an element of the offense or an affirmative defense, that is not plainly labeled in accordance with this part has the procedural and evidentiary consequences of a defense. (2) Defenses available under common law are hereby abolished.
(1) A ground of defense, other than one (1) negating an element of the offense or an affirmative defense, that is not plainly labeled in accordance with this part has the procedural and evidentiary consequences of a defense.
(2) Defenses available under common law are hereby abolished.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-15-507 — TN Code / Title 39 / Chapter 15 / Section 39-15-507
Offense of neglect of elderly adult - Offense of neglect of vulnerable adult
Status: in_force

(a) It is an offense for a caregiver to knowingly neglect an elderly or vulnerable adult, so as to adversely affect the person's health or welfare. (b) The offense of neglect of an elderly adult is a Class E felony. (c) The offense of neglect of a vulnerable adult is a Class D felony. (d) If the neglect is a result of abandonment or confinement and no injury occurred, then the neglect by abandonment or confinement of an elderly or vulnerable adult is a Class A misdemeanor. Amended by 2019 Tenn. Acts, ch. 474,s 7, eff. 1/1/2020. Added by 2018 Tenn. Acts, ch. 1050,s 5, eff. 1/1/2019.
(a) It is an offense for a caregiver to knowingly neglect an elderly or vulnerable adult, so as to adversely affect the person's health or welfare.
(b) The offense of neglect of an elderly adult is a Class E felony.
(c) The offense of neglect of a vulnerable adult is a Class D felony.
(d) If the neglect is a result of abandonment or confinement and no injury occurred, then the neglect by abandonment or confinement of an elderly or vulnerable adult is a Class A misdemeanor.
Amended by 2019 Tenn. Acts, ch. 474,s 7, eff. 1/1/2020.
Added by 2018 Tenn. Acts, ch. 1050,s 5, eff. 1/1/2019.
Tenn. Code Ann. § 39-16-507 — TN Code / Title 39 / Chapter 16 / Section 39-16-507
Coercion or persuasion of witness
Status: in_force

(a) A person commits an offense who, by means of coercion, influences or attempts to influence a witness or prospective witness in an official proceeding with intent to influence the witness to: (1) Testify falsely; (2) Withhold any truthful testimony, truthful information, document or thing; or (3) Elude legal process summoning the witness to testify or supply evidence, or to be absent from an official proceeding to which the witness has been legally summoned. (b) A violation of this section is a Class D felony. (c) A defendant in a criminal case involving domestic assault, pursuant to § 39-13-111 , or a person acting at the direction of the defendant, commits an offense who, by any means of persuasion that is not coercion, intentionally influences or attempts to influence a witness or prospective witness in an official proceeding to: (1) Testify falsely; (2) Withhold any truthful testimony, information, document, or evidence; or (3) Elude legal process summoning the witness to testify or supply evidence, or to be absent from an official proceeding to which the witness has been legally summoned. (d) A violation of subsection (c) is a Class A misdemeanor and, upon conviction, the sentence runs consecutively to the sentence for any other offense that is based in whole or in part on the factual allegations about which the person was seeking to influence a witness. (e) Nothing in this section shall operate to impede the investigative activities of an attorney representing a defendant. Amended by 2019 Tenn. Acts, ch. 104,s 1, eff. 7/1/2019. Acts 1989, ch. 591, § 1; 1990, ch. 980, § 8.
(a) A person commits an offense who, by means of coercion, influences or attempts to influence a witness or prospective witness in an official proceeding with intent to influence the witness to: (1) Testify falsely; (2) Withhold any truthful testimony, truthful information, document or thing; or (3) Elude legal process summoning the witness to testify or supply evidence, or to be absent from an official proceeding to which the witness has been legally summoned.
(1) Testify falsely;
(2) Withhold any truthful testimony, truthful information, document or thing; or
(3) Elude legal process summoning the witness to testify or supply evidence, or to be absent from an official proceeding to which the witness has been legally summoned.
(b) A violation of this section is a Class D felony.
(c) A defendant in a criminal case involving domestic assault, pursuant to § 39-13-111 , or a person acting at the direction of the defendant, commits an offense who, by any means of persuasion that is not coercion, intentionally influences or attempts to influence a witness or prospective witness in an official proceeding to: (1) Testify falsely; (2) Withhold any truthful testimony, information, document, or evidence; or (3) Elude legal process summoning the witness to testify or supply evidence, or to be absent from an official proceeding to which the witness has been legally summoned.
(1) Testify falsely;
(2) Withhold any truthful testimony, information, document, or evidence; or
(3) Elude legal process summoning the witness to testify or supply evidence, or to be absent from an official proceeding to which the witness has been legally summoned.
(d) A violation of subsection (c) is a Class A misdemeanor and, upon conviction, the sentence runs consecutively to the sentence for any other offense that is based in whole or in part on the factual allegations about which the person was seeking to influence a witness.
(e) Nothing in this section shall operate to impede the investigative activities of an attorney representing a defendant.
Amended by 2019 Tenn. Acts, ch. 104,s 1, eff. 7/1/2019.
Acts 1989, ch. 591, § 1; 1990, ch. 980, § 8.
Tenn. Code Ann. § 39-13-701 — TN Code / Title 39 / Chapter 13 / Section 39-13-701
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Standardized Treatment Program for Sex Offenders." Acts 1995, ch. 353, § 2.
This part shall be known and may be cited as the "Tennessee Standardized Treatment Program for Sex Offenders."
Acts 1995, ch. 353, § 2.
Tenn. Code Ann. § 39-17-507 — TN Code / Title 39 / Chapter 17 / Section 39-17-507
Customer referral rebates unlawful
Status: in_force

(a) With respect to a consumer sale, consumer credit sale or consumer lease, the seller or lessor may not give or offer to give a rebate or discount or otherwise pay or offer to pay value to a buyer or lessee as an inducement for a sale or lease in consideration of the buyer or lessee referring or giving to the seller or lessor the names of prospective customers or lessees, or otherwise aiding the seller or lessor in making a sale or lease to another person, if the earning of the rebate, discount, commission or other value is contingent upon the occurrence of an event subsequent to the time the buyer or lessee agrees to buy or lease. (b) If a buyer or lessee is induced by a violation of this section to enter into a consumer sale, consumer credit sale or consumer lease, then the transaction is declared to be a lottery and the agreement is unenforceable by the seller or lessor, and the buyer or lessee, at the buyer's or lessee's option, may rescind the agreement or retain the goods delivered and the benefits of any services performed, without any obligation to pay for them. (c) Any person offering to sell or lease goods or services in violation of this section commits a Class C misdemeanor. Acts 1989, ch. 591, § 1.
(a) With respect to a consumer sale, consumer credit sale or consumer lease, the seller or lessor may not give or offer to give a rebate or discount or otherwise pay or offer to pay value to a buyer or lessee as an inducement for a sale or lease in consideration of the buyer or lessee referring or giving to the seller or lessor the names of prospective customers or lessees, or otherwise aiding the seller or lessor in making a sale or lease to another person, if the earning of the rebate, discount, commission or other value is contingent upon the occurrence of an event subsequent to the time the buyer or lessee agrees to buy or lease.
(b) If a buyer or lessee is induced by a violation of this section to enter into a consumer sale, consumer credit sale or consumer lease, then the transaction is declared to be a lottery and the agreement is unenforceable by the seller or lessor, and the buyer or lessee, at the buyer's or lessee's option, may rescind the agreement or retain the goods delivered and the benefits of any services performed, without any obligation to pay for them.
(c) Any person offering to sell or lease goods or services in violation of this section commits a Class C misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-301 — TN Code / Title 39 / Chapter 17 / Section 39-17-301
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Desecrate" means defacing, damaging, polluting or otherwise physically mistreating in a way that the person knows or should know will outrage the sensibilities of an ordinary individual likely to observe or discover the person's action; (2) "Participates" includes: (A) Joining a group of three (3) or more persons who riot; (B) Aiding and abetting a riot; or (C) Refusing any lawful order of correctional personnel or other law enforcement officers during the course of a riot; (3) "Riot" means a disturbance in a public place or penal institution as defined in § 39-16-601 involving an assemblage of three (3) or more persons whether or not participating in any otherwise lawful activity, which, by tumultuous and violent conduct, creates grave danger of substantial damage to property or serious bodily injury to persons or substantially obstructs law enforcement or other governmental function; and (4) "Transportation facility" means any conveyance or place used for or in connection with public passenger transportation by air, railroad, motor vehicle or any other method. It includes, but is not limited to, aircraft, watercraft, railroad cars, buses, and air, boat, railroad and bus terminals and stations. Amended by 2020EX2 Tenn. Acts, ch. 3, Secs.s9, s10 eff. 8/20/2020. Amended by 2014 Tenn. Acts, ch. 982,s 3, eff. 7/1/2014. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 29; 1999, ch. 350, § 1.
As used in this part, unless the context otherwise requires:
(1) "Desecrate" means defacing, damaging, polluting or otherwise physically mistreating in a way that the person knows or should know will outrage the sensibilities of an ordinary individual likely to observe or discover the person's action;
(2) "Participates" includes: (A) Joining a group of three (3) or more persons who riot; (B) Aiding and abetting a riot; or (C) Refusing any lawful order of correctional personnel or other law enforcement officers during the course of a riot;
(A) Joining a group of three (3) or more persons who riot;
(B) Aiding and abetting a riot; or
(C) Refusing any lawful order of correctional personnel or other law enforcement officers during the course of a riot;
(3) "Riot" means a disturbance in a public place or penal institution as defined in § 39-16-601 involving an assemblage of three (3) or more persons whether or not participating in any otherwise lawful activity, which, by tumultuous and violent conduct, creates grave danger of substantial damage to property or serious bodily injury to persons or substantially obstructs law enforcement or other governmental function; and
(4) "Transportation facility" means any conveyance or place used for or in connection with public passenger transportation by air, railroad, motor vehicle or any other method. It includes, but is not limited to, aircraft, watercraft, railroad cars, buses, and air, boat, railroad and bus terminals and stations.
Amended by 2020EX2 Tenn. Acts, ch. 3, Secs.s9, s10 eff. 8/20/2020.
Amended by 2014 Tenn. Acts, ch. 982,s 3, eff. 7/1/2014.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 29; 1999, ch. 350, § 1.
Tenn. Code Ann. § 39-17-101 — TN Code / Title 39 / Chapter 17 / Section 39-17-101
Handling snakes so as to endanger life prohibited
Status: in_force

(a) It is an offense for a person to display, exhibit, handle, or use a venomous or dangerous snake or reptile in a manner that endangers the life or health of any person. As used in this subsection (a), "venomous" means any toxic substance that is actively injected by an animal through a bite or sting and that causes injury or death. (b) An offense under this section is a Class C misdemeanor. Amended by 2024 Tenn. Acts, ch. 636,s 1, eff. 7/1/2024. Acts 1989, ch. 591, § 1.
(a) It is an offense for a person to display, exhibit, handle, or use a venomous or dangerous snake or reptile in a manner that endangers the life or health of any person. As used in this subsection (a), "venomous" means any toxic substance that is actively injected by an animal through a bite or sting and that causes injury or death.
(b) An offense under this section is a Class C misdemeanor.
Amended by 2024 Tenn. Acts, ch. 636,s 1, eff. 7/1/2024.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-11-101 — TN Code / Title 39 / Chapter 11 / Section 39-11-101
Objectives of criminal code
Status: in_force

The general objectives of the criminal code are to: (1) Proscribe and prevent conduct that unjustifiably and inexcusably causes or threatens harm to individual, property, or public interest for which protection through the criminal law is appropriate; (2) Give fair warning of what conduct is prohibited, and guide the exercise of official discretion in law enforcement, by defining the act and the culpable mental state that together constitute an offense; (3) Give fair warning of the consequences of violation, and guide the exercise of official discretion in punishment, by grading of offenses; and (4) Prescribe penalties that are proportionate to the seriousness of the offense. Acts 1989, ch. 591, § 1.
The general objectives of the criminal code are to:
(1) Proscribe and prevent conduct that unjustifiably and inexcusably causes or threatens harm to individual, property, or public interest for which protection through the criminal law is appropriate;
(2) Give fair warning of what conduct is prohibited, and guide the exercise of official discretion in law enforcement, by defining the act and the culpable mental state that together constitute an offense;
(3) Give fair warning of the consequences of violation, and guide the exercise of official discretion in punishment, by grading of offenses; and
(4) Prescribe penalties that are proportionate to the seriousness of the offense.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-13-310 — TN Code / Title 39 / Chapter 13 / Section 39-13-310
Separate offenses - Sections 39-13-308 and 39-13-309
Status: in_force

Each violation of §§ 39-13-308 and 39-13-309 shall constitute a separate offense. Acts 2008 , ch. 1140, § 3.
Each violation of §§ 39-13-308 and 39-13-309 shall constitute a separate offense.
Acts 2008 , ch. 1140, § 3.
Tenn. Code Ann. § 39-17-1320 — TN Code / Title 39 / Chapter 17 / Section 39-17-1320
Providing handguns to juveniles - Penalties
Status: in_force

(a) It is an offense for a person intentionally, knowingly or recklessly to provide a handgun with or without remuneration to any person that the person providing the handgun knows or has reason to believe is a juvenile in violation of § 39-17-1319 . (b) It is an offense for a parent or guardian intentionally, knowingly or recklessly to provide a handgun to a juvenile or permit a juvenile to possess a handgun, if the parent or guardian knows of a substantial risk that the juvenile will use a handgun to commit a felony. (c) Unlawfully providing or permitting a juvenile to possess a handgun in violation of subsection (a) is a Class A misdemeanor and in violation of subsection (b) is a Class D felony. Acts 1994, ch. 802, § 1.
(a) It is an offense for a person intentionally, knowingly or recklessly to provide a handgun with or without remuneration to any person that the person providing the handgun knows or has reason to believe is a juvenile in violation of § 39-17-1319 .
(b) It is an offense for a parent or guardian intentionally, knowingly or recklessly to provide a handgun to a juvenile or permit a juvenile to possess a handgun, if the parent or guardian knows of a substantial risk that the juvenile will use a handgun to commit a felony.
(c) Unlawfully providing or permitting a juvenile to possess a handgun in violation of subsection (a) is a Class A misdemeanor and in violation of subsection (b) is a Class D felony.
Acts 1994, ch. 802, § 1.
Tenn. Code Ann. § 39-13-1003 — TN Code / Title 39 / Chapter 13 / Section 39-13-1003
Aggravated burglary
Status: in_force

(a) Aggravated burglary is burglary, as described in § 39-13-1002 , of a habitation. (b) Aggravated burglary is a Class C felony. Added by 2021 Tenn. Acts, ch. 545, s 2, eff. 7/1/2021.
(a) Aggravated burglary is burglary, as described in § 39-13-1002 , of a habitation.
(b) Aggravated burglary is a Class C felony.
Added by 2021 Tenn. Acts, ch. 545, s 2, eff. 7/1/2021.
Tenn. Code Ann. § 39-13-802 — TN Code / Title 39 / Chapter 13 / Section 39-13-802
Legislative intent
Status: in_force

(a) The general assembly finds and declares that the threat of terrorism involving weapons of mass destruction, including, but not limited to, biological, chemical, nuclear, or radiological agents, is a compelling public safety and health concern. The general assembly recognizes that terrorism involving weapons of mass destruction could result in a disaster placing residents of Tennessee in great peril. The general assembly finds it necessary to sanction the possession, manufacture, use, or threatened use of chemical, biological, nuclear, or radiological weapons, as well as the intentional use or threatened use of industrial or commercial chemicals as weapons, to take other steps to prevent the occurrence of terrorist acts to the fullest extent possible, and to respond rapidly and effectively to any terrorist acts. The general assembly further finds and declares that hoaxes involving terrorist threats create a substantial drain on governmental resources and are a significant disruption to the operation of government, as well as a disruption of the right of persons to a sense of personal security. (b) The general assembly further finds and declares that the threat from terrorism arises from a variety of sources and means other than through the utilization of weapons of mass destruction. The general assembly finds that this state has a compelling state interest in preventing terrorism within its borders, and the targeted prohibitions set forth in this part are meant to be a focused and least intrusive method for this state to protect its residents from such threats. The general assembly further declares that this part neither targets, nor incidentally prohibits or inhibits, the peaceful practice of any religion. Acts 2002, ch. 849, § 1; 2011, ch. 497, § 2.
(a) The general assembly finds and declares that the threat of terrorism involving weapons of mass destruction, including, but not limited to, biological, chemical, nuclear, or radiological agents, is a compelling public safety and health concern. The general assembly recognizes that terrorism involving weapons of mass destruction could result in a disaster placing residents of Tennessee in great peril. The general assembly finds it necessary to sanction the possession, manufacture, use, or threatened use of chemical, biological, nuclear, or radiological weapons, as well as the intentional use or threatened use of industrial or commercial chemicals as weapons, to take other steps to prevent the occurrence of terrorist acts to the fullest extent possible, and to respond rapidly and effectively to any terrorist acts. The general assembly further finds and declares that hoaxes involving terrorist threats create a substantial drain on governmental resources and are a significant disruption to the operation of government, as well as a disruption of the right of persons to a sense of personal security.
(b) The general assembly further finds and declares that the threat from terrorism arises from a variety of sources and means other than through the utilization of weapons of mass destruction. The general assembly finds that this state has a compelling state interest in preventing terrorism within its borders, and the targeted prohibitions set forth in this part are meant to be a focused and least intrusive method for this state to protect its residents from such threats. The general assembly further declares that this part neither targets, nor incidentally prohibits or inhibits, the peaceful practice of any religion.
Acts 2002, ch. 849, § 1; 2011, ch. 497, § 2.
Tenn. Code Ann. § 39-17-117 — TN Code / Title 39 / Chapter 17 / Section 39-17-117
Unlawful to draw a lien against real or personal property without legal basis
Status: in_force

(a) (1) It is an offense for any person to knowingly prepare, sign, or file any lien or other document with the intent to encumber any real or personal property when such person has no reasonable basis or any legal cause to place such lien or encumbrance on such real or personal property. (2) As used in this subsection (a), "person" includes any individual or entity. (b) Upon conviction for an offense pursuant to this section, any court having or exercising circuit court jurisdiction may order the removal from any record the lien or document evidencing an encumbrance, and order that the document be void and of no legal effect, and, if so ordered, the court shall cause the removal of any cloud on a title that may have arisen because of the document. (c) This section shall not apply to: (1) A licensed attorney who prepares a document in the course of representation of a client; (2) A financial institution regulated by the Tennessee department of financial institutions, the federal reserve board, the office of the comptroller of the currency, the farm credit administration, or the national credit union administration, qualified commercial financing entity, as defined in § 67-4-2004 , or an employee or agent of any of those entities, who prepares, signs or files a lien or other document in the ordinary course of business; (3) A title insurance company or agent who prepares, signs, or files a lien or other document in the ordinary course of business; or (4) A real estate licensee operating in compliance with the Tennessee Real Estate Broker License Act of 1973, compiled in title 62, chapter 13. (d) A violation of subsection (a) is a Class E felony. Amended by 2013 Tenn. Acts, ch. 413,s 2, eff. 7/1/2013. Acts 2012, ch. 1015, § 1.
(a) (1) It is an offense for any person to knowingly prepare, sign, or file any lien or other document with the intent to encumber any real or personal property when such person has no reasonable basis or any legal cause to place such lien or encumbrance on such real or personal property. (2) As used in this subsection (a), "person" includes any individual or entity.
(1) It is an offense for any person to knowingly prepare, sign, or file any lien or other document with the intent to encumber any real or personal property when such person has no reasonable basis or any legal cause to place such lien or encumbrance on such real or personal property.
(2) As used in this subsection (a), "person" includes any individual or entity.
(b) Upon conviction for an offense pursuant to this section, any court having or exercising circuit court jurisdiction may order the removal from any record the lien or document evidencing an encumbrance, and order that the document be void and of no legal effect, and, if so ordered, the court shall cause the removal of any cloud on a title that may have arisen because of the document.
(c) This section shall not apply to: (1) A licensed attorney who prepares a document in the course of representation of a client; (2) A financial institution regulated by the Tennessee department of financial institutions, the federal reserve board, the office of the comptroller of the currency, the farm credit administration, or the national credit union administration, qualified commercial financing entity, as defined in § 67-4-2004 , or an employee or agent of any of those entities, who prepares, signs or files a lien or other document in the ordinary course of business; (3) A title insurance company or agent who prepares, signs, or files a lien or other document in the ordinary course of business; or (4) A real estate licensee operating in compliance with the Tennessee Real Estate Broker License Act of 1973, compiled in title 62, chapter 13.
(1) A licensed attorney who prepares a document in the course of representation of a client;
(2) A financial institution regulated by the Tennessee department of financial institutions, the federal reserve board, the office of the comptroller of the currency, the farm credit administration, or the national credit union administration, qualified commercial financing entity, as defined in § 67-4-2004 , or an employee or agent of any of those entities, who prepares, signs or files a lien or other document in the ordinary course of business;
(3) A title insurance company or agent who prepares, signs, or files a lien or other document in the ordinary course of business; or
(4) A real estate licensee operating in compliance with the Tennessee Real Estate Broker License Act of 1973, compiled in title 62, chapter 13.
(d) A violation of subsection (a) is a Class E felony.
Amended by 2013 Tenn. Acts, ch. 413,s 2, eff. 7/1/2013.
Acts 2012, ch. 1015, § 1.
Tenn. Code Ann. § 39-13-708 — TN Code / Title 39 / Chapter 13 / Section 39-13-708
Surcharge
Status: in_force

(a) For purposes of this section, unless the context otherwise requires, "convicted" and "conviction" means an adjudication of guilt of a sex offense as defined in this part as follows: (1) Plea of guilty, including a plea of guilty entered pursuant to § 40-35-313 ; (2) Verdict of guilty by a judge or jury; (3) Plea of no contest; and (4) Best interest plea. (b) On and after July 1, 1996, each person who is convicted of a sex offense as defined in this part shall pay a tax to the clerk of the court in which the conviction occurs, in an amount not to exceed three thousand dollars ($3,000), as determined by the court for each conviction as defined by this part. (c) The clerk of the court shall allocate the tax required by subsection (b) as follows: (1) Five percent (5%) of the tax paid shall be retained by the clerk for administrative costs incurred pursuant to this subsection (c); and (2) Ninety-five percent (95%) of the tax paid under this section shall be deemed a litigation tax imposed pursuant to § 67-4-602 , and shall be includible as an amount subject to apportionment pursuant to § 67-4-606 . (d) There is created in the state treasury a sex offender treatment fund, which shall consist of moneys received by the state treasurer pursuant to this part. All interest derived from the deposit and investment of this fund shall be credited to the general fund. Any moneys not appropriated by the general assembly shall remain in the sex offender treatment fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year. All moneys in the fund shall be subject to annual appropriation by the general assembly to the judicial branch, the department of correction, and the department of children's services, after consideration of the plan developed pursuant to § 39-13-704(d)(3) , to cover the direct and indirect costs associated with the evaluation, identification, and treatment and the continued monitoring of sex offenders. (e) The court may waive all or any portion of the tax required by this section if the court finds that a person convicted of a sex offense is indigent or financially unable to pay. (f) For the purposes of collecting any unpaid balance of the tax imposed by this part, the department of correction shall deduct from the trust fund account of any sex offender who is in custody of the department of correction those moneys necessary to satisfy the unpaid tax. Acts 1995, ch. 353, § 10; 1996, ch. 968, § 6; 1996, ch. 1079, § 123; 2005, ch. 429, § 21.
(a) For purposes of this section, unless the context otherwise requires, "convicted" and "conviction" means an adjudication of guilt of a sex offense as defined in this part as follows: (1) Plea of guilty, including a plea of guilty entered pursuant to § 40-35-313 ; (2) Verdict of guilty by a judge or jury; (3) Plea of no contest; and (4) Best interest plea.
(1) Plea of guilty, including a plea of guilty entered pursuant to § 40-35-313 ;
(2) Verdict of guilty by a judge or jury;
(3) Plea of no contest; and
(4) Best interest plea.
(b) On and after July 1, 1996, each person who is convicted of a sex offense as defined in this part shall pay a tax to the clerk of the court in which the conviction occurs, in an amount not to exceed three thousand dollars ($3,000), as determined by the court for each conviction as defined by this part.
(c) The clerk of the court shall allocate the tax required by subsection (b) as follows: (1) Five percent (5%) of the tax paid shall be retained by the clerk for administrative costs incurred pursuant to this subsection (c); and (2) Ninety-five percent (95%) of the tax paid under this section shall be deemed a litigation tax imposed pursuant to § 67-4-602 , and shall be includible as an amount subject to apportionment pursuant to § 67-4-606 .
(1) Five percent (5%) of the tax paid shall be retained by the clerk for administrative costs incurred pursuant to this subsection (c); and
(2) Ninety-five percent (95%) of the tax paid under this section shall be deemed a litigation tax imposed pursuant to § 67-4-602 , and shall be includible as an amount subject to apportionment pursuant to § 67-4-606 .
(d) There is created in the state treasury a sex offender treatment fund, which shall consist of moneys received by the state treasurer pursuant to this part. All interest derived from the deposit and investment of this fund shall be credited to the general fund. Any moneys not appropriated by the general assembly shall remain in the sex offender treatment fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year. All moneys in the fund shall be subject to annual appropriation by the general assembly to the judicial branch, the department of correction, and the department of children's services, after consideration of the plan developed pursuant to § 39-13-704(d)(3) , to cover the direct and indirect costs associated with the evaluation, identification, and treatment and the continued monitoring of sex offenders.
(e) The court may waive all or any portion of the tax required by this section if the court finds that a person convicted of a sex offense is indigent or financially unable to pay.
(f) For the purposes of collecting any unpaid balance of the tax imposed by this part, the department of correction shall deduct from the trust fund account of any sex offender who is in custody of the department of correction those moneys necessary to satisfy the unpaid tax.
Acts 1995, ch. 353, § 10; 1996, ch. 968, § 6; 1996, ch. 1079, § 123; 2005, ch. 429, § 21.
Tenn. Code Ann. § 39-13-806 — TN Code / Title 39 / Chapter 13 / Section 39-13-806
Weapons of mass destruction
Status: in_force

(a) It is an offense for any person, without lawful authority, to possess, develop, manufacture, produce, transfer, acquire, weaponize, or retain any weaponized agent, biological warfare agent, weaponized biological or biologic warfare agent, chemical warfare agent, nuclear or radiological agent, or any other weapon of mass destruction. (b) A violation of subsection (a) is a Class B felony. Acts 2002, ch. 849, § 1.
(a) It is an offense for any person, without lawful authority, to possess, develop, manufacture, produce, transfer, acquire, weaponize, or retain any weaponized agent, biological warfare agent, weaponized biological or biologic warfare agent, chemical warfare agent, nuclear or radiological agent, or any other weapon of mass destruction.
(b) A violation of subsection (a) is a Class B felony.
Acts 2002, ch. 849, § 1.
Tenn. Code Ann. § 39-11-621 — TN Code / Title 39 / Chapter 11 / Section 39-11-621
Use of deadly force by private citizen
Status: in_force

A private citizen, in making an arrest authorized by law, may use force reasonably necessary to accomplish the arrest of an individual who flees or resists the arrest; provided, that a private citizen cannot use or threaten to use deadly force except to the extent authorized under self-defense or defense of third person statutes, §§ 39-11-611 and 39-11-612 . Acts 1989, ch. 591, § 1.
A private citizen, in making an arrest authorized by law, may use force reasonably necessary to accomplish the arrest of an individual who flees or resists the arrest; provided, that a private citizen cannot use or threaten to use deadly force except to the extent authorized under self-defense or defense of third person statutes, §§ 39-11-611 and 39-11-612 .
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-13-513 — TN Code / Title 39 / Chapter 13 / Section 39-13-513
Prostitution - Defenses
Status: in_force

(a) A person commits an offense under this section who engages in prostitution. (b) (1) Prostitution is a Class B misdemeanor. (2) Prostitution committed within one hundred feet (100') of a church or within one and one-half (11/2) miles of a school, such distance being that established by § 49-6-2101 , for state-funded school transportation, is a Class A misdemeanor. (3) A person convicted of prostitution within one and one-half (11/2) miles of a school shall, in addition to any other authorized punishment, be sentenced to at least seven (7) days of incarceration and be fined at least one thousand dollars ($1,000). (c) As used in subsection (b), "school" means all public and private schools that conduct classes in any grade from kindergarten through grade twelve (K-12). (d) Notwithstanding any provision of this section to the contrary, if it is determined after a reasonable detention for investigative purposes, that a person suspected of or charged with a violation of this section is under eighteen (18) years of age, that person is immune from prosecution for prostitution as a juvenile or adult. A law enforcement officer who takes a person under eighteen (18) years of age into custody for a suspected violation of this section shall, upon determination that the person is a minor, provide the minor with the telephone number for the Tennessee human trafficking resource center hotline, notify the department of children's services, and release the minor to the custody of a parent or legal guardian or transport the minor to a shelter care facility designated by the juvenile court judge to facilitate the release of the minor to the custody of a parent or legal guardian. (e) It is a defense to prosecution under this section that a person charged with a violation of this section was so charged for conduct that occurred because the person was a victim of an act committed in violation of § 39-13-307 or § 39-13-309 , or because the person was a victim as defined under the Trafficking Victims Protection Act ( 22 U.S.C. § 7102 ). Amended by 2021 Tenn. Acts, ch. 246, s 1, eff. 7/1/2021. Amended by 2015 Tenn. Acts, ch. 67, s 1, eff. 7/1/2015. Acts 1989, ch. 591, § 1; 1995, ch. 118, § 1; 2011 , ch. 377, § 1; 2012 , ch. 891, § 1.
(a) A person commits an offense under this section who engages in prostitution.
(b) (1) Prostitution is a Class B misdemeanor. (2) Prostitution committed within one hundred feet (100') of a church or within one and one-half (11/2) miles of a school, such distance being that established by § 49-6-2101 , for state-funded school transportation, is a Class A misdemeanor. (3) A person convicted of prostitution within one and one-half (11/2) miles of a school shall, in addition to any other authorized punishment, be sentenced to at least seven (7) days of incarceration and be fined at least one thousand dollars ($1,000).
(1) Prostitution is a Class B misdemeanor.
(2) Prostitution committed within one hundred feet (100') of a church or within one and one-half (11/2) miles of a school, such distance being that established by § 49-6-2101 , for state-funded school transportation, is a Class A misdemeanor.
(3) A person convicted of prostitution within one and one-half (11/2) miles of a school shall, in addition to any other authorized punishment, be sentenced to at least seven (7) days of incarceration and be fined at least one thousand dollars ($1,000).
(c) As used in subsection (b), "school" means all public and private schools that conduct classes in any grade from kindergarten through grade twelve (K-12).
(d) Notwithstanding any provision of this section to the contrary, if it is determined after a reasonable detention for investigative purposes, that a person suspected of or charged with a violation of this section is under eighteen (18) years of age, that person is immune from prosecution for prostitution as a juvenile or adult. A law enforcement officer who takes a person under eighteen (18) years of age into custody for a suspected violation of this section shall, upon determination that the person is a minor, provide the minor with the telephone number for the Tennessee human trafficking resource center hotline, notify the department of children's services, and release the minor to the custody of a parent or legal guardian or transport the minor to a shelter care facility designated by the juvenile court judge to facilitate the release of the minor to the custody of a parent or legal guardian.
(e) It is a defense to prosecution under this section that a person charged with a violation of this section was so charged for conduct that occurred because the person was a victim of an act committed in violation of § 39-13-307 or § 39-13-309 , or because the person was a victim as defined under the Trafficking Victims Protection Act ( 22 U.S.C. § 7102 ).
Amended by 2021 Tenn. Acts, ch. 246, s 1, eff. 7/1/2021.
Amended by 2015 Tenn. Acts, ch. 67, s 1, eff. 7/1/2015.
Acts 1989, ch. 591, § 1; 1995, ch. 118, § 1; 2011 , ch. 377, § 1; 2012 , ch. 891, § 1.
Tenn. Code Ann. § 39-16-401 — TN Code / Title 39 / Chapter 16 / Section 39-16-401
Definitions for public misconduct offenses
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Act" means a bodily movement, whether voluntary or involuntary, and includes speech; (2) "Law" means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, or a rule authorized by and lawfully adopted under a statute; and (3) "Public servant" means a person elected, selected, appointed, employed, or otherwise designated as one (1) of the following even if the public servant has not yet qualified for office or assumed the duties: (A) An officer, employee, or agent of government; (B) A juror or grand juror; (C) An arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; (D) An attorney at law or notary public when participating in performing a governmental function; (E) A candidate for nomination or election to public office; or (F) A person who is performing a governmental function under claim of right although not legally qualified to do so. Acts 1989, ch. 591, § 1.
As used in this part, unless the context otherwise requires:
(1) "Act" means a bodily movement, whether voluntary or involuntary, and includes speech;
(2) "Law" means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, or a rule authorized by and lawfully adopted under a statute; and
(3) "Public servant" means a person elected, selected, appointed, employed, or otherwise designated as one (1) of the following even if the public servant has not yet qualified for office or assumed the duties: (A) An officer, employee, or agent of government; (B) A juror or grand juror; (C) An arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; (D) An attorney at law or notary public when participating in performing a governmental function; (E) A candidate for nomination or election to public office; or (F) A person who is performing a governmental function under claim of right although not legally qualified to do so.
(A) An officer, employee, or agent of government;
(B) A juror or grand juror;
(C) An arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy;
(D) An attorney at law or notary public when participating in performing a governmental function;
(E) A candidate for nomination or election to public office; or
(F) A person who is performing a governmental function under claim of right although not legally qualified to do so.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-16-515 — TN Code / Title 39 / Chapter 16 / Section 39-16-515
Pointing a laser at a law enforcement officer or emergency personnel
Status: in_force

(a) It is an offense for a person to knowingly activate and point a laser pointer or other device utilizing a laser beam at an individual known to be a law enforcement officer, firefighter, emergency medical technician or other emergency service personnel while the individual is in the performance of the individual's official duties, with the intent to place the individual in fear of serious bodily injury or death. (b) In order for subsection (a) to apply: (1) The law enforcement officer, firefighter, emergency medical technician, or other emergency service personnel must actually be placed in fear of serious bodily injury or death; (2) The fear must be real or honestly believed to be real at the time; and (3) Based upon the facts and circumstances surrounding the defendant's conduct, the fear must be founded upon reasonable grounds. (c) It is an offense for a person to knowingly shine or aim a light, laser, horn, or other mechanism towards the head of a law enforcement officer, firefighter, emergency medical technician, or other emergency service personnel while the individual is in the performance of the individual's official duties with intent to cause bodily injury. (d) (1) A violation of subsection (a) is a Class A misdemeanor. (2) A violation of subsection (c) is a Class A misdemeanor, and includes a mandatory fine of five thousand dollars ($5,000) and a mandatory minimum sentence of thirty (30) days incarceration. The defendant shall not be eligible for release from confinement until the defendant has served the entire thirty-day mandatory minimum sentence. Amended by 2020EX2 Tenn. Acts, ch. 3, s 24, eff. 8/20/2020. Acts 1999, ch. 146, § 1; 2009 , ch. 387, §§ 1, 2.
(a) It is an offense for a person to knowingly activate and point a laser pointer or other device utilizing a laser beam at an individual known to be a law enforcement officer, firefighter, emergency medical technician or other emergency service personnel while the individual is in the performance of the individual's official duties, with the intent to place the individual in fear of serious bodily injury or death.
(b) In order for subsection (a) to apply: (1) The law enforcement officer, firefighter, emergency medical technician, or other emergency service personnel must actually be placed in fear of serious bodily injury or death; (2) The fear must be real or honestly believed to be real at the time; and (3) Based upon the facts and circumstances surrounding the defendant's conduct, the fear must be founded upon reasonable grounds.
(1) The law enforcement officer, firefighter, emergency medical technician, or other emergency service personnel must actually be placed in fear of serious bodily injury or death;
(2) The fear must be real or honestly believed to be real at the time; and
(3) Based upon the facts and circumstances surrounding the defendant's conduct, the fear must be founded upon reasonable grounds.
(c) It is an offense for a person to knowingly shine or aim a light, laser, horn, or other mechanism towards the head of a law enforcement officer, firefighter, emergency medical technician, or other emergency service personnel while the individual is in the performance of the individual's official duties with intent to cause bodily injury.
(d) (1) A violation of subsection (a) is a Class A misdemeanor. (2) A violation of subsection (c) is a Class A misdemeanor, and includes a mandatory fine of five thousand dollars ($5,000) and a mandatory minimum sentence of thirty (30) days incarceration. The defendant shall not be eligible for release from confinement until the defendant has served the entire thirty-day mandatory minimum sentence.
(1) A violation of subsection (a) is a Class A misdemeanor.
(2) A violation of subsection (c) is a Class A misdemeanor, and includes a mandatory fine of five thousand dollars ($5,000) and a mandatory minimum sentence of thirty (30) days incarceration. The defendant shall not be eligible for release from confinement until the defendant has served the entire thirty-day mandatory minimum sentence.
Amended by 2020EX2 Tenn. Acts, ch. 3, s 24, eff. 8/20/2020.
Acts 1999, ch. 146, § 1; 2009 , ch. 387, §§ 1, 2.
Tenn. Code Ann. § 39-14-105 — TN Code / Title 39 / Chapter 14 / Section 39-14-105
Grading of theft
Status: in_force

(a) Theft of property or services is: (1) A Class A misdemeanor if the value of the property or services obtained is one thousand dollars ($1,000) or less, except when the property obtained is a firearm; (2) A Class E felony if the property obtained is a firearm worth less than two thousand five hundred dollars ($2,500), or if the value of the property or services obtained is more than one thousand dollars ($1,000) but less than two thousand five hundred dollars ($2,500); (3) A Class D felony if the value of the property or services obtained is two thousand five hundred dollars ($2,500) or more but less than ten thousand dollars ($10,000); (4) A Class C felony if the value of the property or services obtained is ten thousand dollars ($10,000) or more but less than sixty thousand dollars ($60,000); (5) A Class B felony if the value of the property or services obtained is sixty thousand dollars ($60,000) or more but less than two hundred fifty thousand dollars ($250,000); and (6) A Class A felony if the value of the property or services obtained is two hundred fifty thousand dollars ($250,000) or more. (b) (1) In a prosecution for theft of property, theft of services, and any offense for which the punishment is determined pursuant to this section, the state may charge multiple criminal acts committed against one (1) or more victims as a single count if the criminal acts arise from a common scheme, purpose, intent or enterprise. (2) The monetary value of property from multiple criminal acts which are charged in a single count of theft of property shall be aggregated to establish value under this section. (c) Venue in a prosecution for any offense punishable pursuant to this section shall be in the county where one (1) or more elements of the offense occurred, or in the county where an act of solicitation, inducement, offer, acceptance, delivery, storage, or financial transaction occurred involving the property, service or article of the victim. (d) Theft of a firearm shall be punished by confinement for not less than one hundred eighty (180) days in addition to any other penalty authorized by law. Amended by 2021 Tenn. Acts, ch. 108, Secs.s9, s10 eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 108, s 8, eff. 7/1/2021. Amended by 2019 Tenn. Acts, ch. 486, s 8, eff. 7/1/2019. Amended by 2016 Tenn. Acts, ch. 906, s 5, eff. 1/1/2017. Acts 1989, ch. 591, § 1; 2012, ch. 1080, § 1.
(a) Theft of property or services is: (1) A Class A misdemeanor if the value of the property or services obtained is one thousand dollars ($1,000) or less, except when the property obtained is a firearm; (2) A Class E felony if the property obtained is a firearm worth less than two thousand five hundred dollars ($2,500), or if the value of the property or services obtained is more than one thousand dollars ($1,000) but less than two thousand five hundred dollars ($2,500); (3) A Class D felony if the value of the property or services obtained is two thousand five hundred dollars ($2,500) or more but less than ten thousand dollars ($10,000); (4) A Class C felony if the value of the property or services obtained is ten thousand dollars ($10,000) or more but less than sixty thousand dollars ($60,000); (5) A Class B felony if the value of the property or services obtained is sixty thousand dollars ($60,000) or more but less than two hundred fifty thousand dollars ($250,000); and (6) A Class A felony if the value of the property or services obtained is two hundred fifty thousand dollars ($250,000) or more.
(1) A Class A misdemeanor if the value of the property or services obtained is one thousand dollars ($1,000) or less, except when the property obtained is a firearm;
(2) A Class E felony if the property obtained is a firearm worth less than two thousand five hundred dollars ($2,500), or if the value of the property or services obtained is more than one thousand dollars ($1,000) but less than two thousand five hundred dollars ($2,500);
(3) A Class D felony if the value of the property or services obtained is two thousand five hundred dollars ($2,500) or more but less than ten thousand dollars ($10,000);
(4) A Class C felony if the value of the property or services obtained is ten thousand dollars ($10,000) or more but less than sixty thousand dollars ($60,000);
(5) A Class B felony if the value of the property or services obtained is sixty thousand dollars ($60,000) or more but less than two hundred fifty thousand dollars ($250,000); and
(6) A Class A felony if the value of the property or services obtained is two hundred fifty thousand dollars ($250,000) or more.
(b) (1) In a prosecution for theft of property, theft of services, and any offense for which the punishment is determined pursuant to this section, the state may charge multiple criminal acts committed against one (1) or more victims as a single count if the criminal acts arise from a common scheme, purpose, intent or enterprise. (2) The monetary value of property from multiple criminal acts which are charged in a single count of theft of property shall be aggregated to establish value under this section.
(1) In a prosecution for theft of property, theft of services, and any offense for which the punishment is determined pursuant to this section, the state may charge multiple criminal acts committed against one (1) or more victims as a single count if the criminal acts arise from a common scheme, purpose, intent or enterprise.
(2) The monetary value of property from multiple criminal acts which are charged in a single count of theft of property shall be aggregated to establish value under this section.
(c) Venue in a prosecution for any offense punishable pursuant to this section shall be in the county where one (1) or more elements of the offense occurred, or in the county where an act of solicitation, inducement, offer, acceptance, delivery, storage, or financial transaction occurred involving the property, service or article of the victim.
(d) Theft of a firearm shall be punished by confinement for not less than one hundred eighty (180) days in addition to any other penalty authorized by law.
Amended by 2021 Tenn. Acts, ch. 108, Secs.s9, s10 eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 108, s 8, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 486, s 8, eff. 7/1/2019.
Amended by 2016 Tenn. Acts, ch. 906, s 5, eff. 1/1/2017.
Acts 1989, ch. 591, § 1; 2012, ch. 1080, § 1.
Tenn. Code Ann. § 39-11-109 — TN Code / Title 39 / Chapter 11 / Section 39-11-109
Prosecution under more than one statute
Status: in_force

(a) When the same conduct may be defined under both a specific statute and a general statute, the person may be prosecuted under either statute, unless the specific statute precludes prosecution under the general statute. (b) When the same conduct may be defined under two (2) or more specific statutes, the person may be prosecuted under either statute unless one (1) specific statute precludes prosecution under another. Acts 1989, ch. 591, § 1.
(a) When the same conduct may be defined under both a specific statute and a general statute, the person may be prosecuted under either statute, unless the specific statute precludes prosecution under the general statute.
(b) When the same conduct may be defined under two (2) or more specific statutes, the person may be prosecuted under either statute unless one (1) specific statute precludes prosecution under another.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-708 — TN Code / Title 39 / Chapter 17 / Section 39-17-708
Home manufacture of wine or beer excepted
Status: in_force

(a) Notwithstanding the provisions of this part, a private individual in the person's own home may manufacture and possess wine or beer in an amount not in excess of that amount annually permitted as of January 1, 1997, by federal statutes and regulations relative to household manufacture and consumption; provided, that the wine or beer is for personal consumption by members and guests of the household. Such wine or beer may also be transported by the person, member or guest without being in violation of this part; provided, that the amount being transported at any one (1) time shall not exceed five (5) gallons, except as provided in § 57-5-111 . (b) It shall be inferred that transportation of more than five (5) gallons is for the purpose of resale or redistribution. (c) For purposes of this section, "beer" means the undistilled and unfortified product, of any name or description, of the normal alcoholic fermentation of malt or other ingredients except grapes. Amended by 2015 Tenn. Acts, ch. 69,s 2, eff. 4/6/2015. Acts 1989, ch. 591, § 1; 1997, ch. 140, §§ 1-3.
(a) Notwithstanding the provisions of this part, a private individual in the person's own home may manufacture and possess wine or beer in an amount not in excess of that amount annually permitted as of January 1, 1997, by federal statutes and regulations relative to household manufacture and consumption; provided, that the wine or beer is for personal consumption by members and guests of the household. Such wine or beer may also be transported by the person, member or guest without being in violation of this part; provided, that the amount being transported at any one (1) time shall not exceed five (5) gallons, except as provided in § 57-5-111 .
(b) It shall be inferred that transportation of more than five (5) gallons is for the purpose of resale or redistribution.
(c) For purposes of this section, "beer" means the undistilled and unfortified product, of any name or description, of the normal alcoholic fermentation of malt or other ingredients except grapes.
Amended by 2015 Tenn. Acts, ch. 69,s 2, eff. 4/6/2015.
Acts 1989, ch. 591, § 1; 1997, ch. 140, §§ 1-3.
Tenn. Code Ann. § 39-16-511 — TN Code / Title 39 / Chapter 16 / Section 39-16-511
Compensation for past action
Status: in_force

(a) A person commits an offense who offers, confers, or agrees to confer any benefit upon a juror for the juror's having exercised the juror's official power or performed the juror's official duty in favor of the person or another. (b) A violation of this section is a Class A misdemeanor. Acts 1989, ch. 591, § 1.
(a) A person commits an offense who offers, confers, or agrees to confer any benefit upon a juror for the juror's having exercised the juror's official power or performed the juror's official duty in favor of the person or another.
(b) A violation of this section is a Class A misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-11-713 — TN Code / Title 39 / Chapter 11 / Section 39-11-713
Disposition of forfeited property
Status: in_force

(a) All property ordered forfeited shall be sold at public auction. The proceeds from all property forfeited and sold at public auction shall be disposed of by the court as directed by this part. If the property seized and ordered forfeited was taken from the lawful owner through theft or fraud, then the property shall be returned to the lawful owner, or restitution provided, as the court determines. If the defendant owes restitution, the proceeds shall first be directly applied to satisfy any judgments against the defendant for restitution in favor of the victim. The attorney general shall then be compensated for all expenses incident to the litigation, as approved by the court. Any such costs for appeals shall be provided for by the trial court upon conclusion of the litigation. The attorney general shall then direct that any public agency be reimbursed for out-of-pocket expenses resulting from the investigation, seizure, and storage of the forfeited property. (b) The court shall then award the remainder of the funds as follows: (1) In the event that the investigating and seizing agency is a state agency, the funds shall be distributed to the state general fund; (2) In the event that the investigating and seizing agency is the Tennessee bureau of investigation, or in the event that the office of inspector general participates in the investigation, seizure, or prosecution, then, the funds shall be distributed to the state treasurer, who shall deposit the funds in a designated account for the agency to be used in its operations; provided, that, if more than one (1) state agency participated in the investigation or seizure as certified by the prosecuting attorney, then the court shall order a distribution according to the participation of each; (3) In the event that the investigating and seizing agency is a local public agency, then the funds shall be distributed to its local government, when, upon ratification of this part by the local governing body of a municipality, metropolitan government or county governing body by ordinance or resolution, the municipality, metropolitan government or county has authorized the receipt of the distributed funds and has designated how the funds are to be distributed, which shall be designated for law enforcement, and the court shall make the award and distribution consistent with such ordinance or resolution by the local governing body. When more than one (1) local public agency participated in the investigation and seizure of forfeited property as certified by the attorney general, then the court shall order a distribution according to the participation of each local public agency. Accounting procedures for the financial administration of such funds shall be in keeping with those prescribed by the comptroller of the treasury; or (4) (A) In any matter concerning or arising out of TennCare fraud or abuse that is or may be the subject of a proceeding pursuant to this part, the district attorney general may specially appoint the following persons to prepare, initiate, and conduct such proceedings as the district attorney general is authorized by law to conduct pursuant to this part: (i) Upon consent of the commissioner of finance and administration or the commissioner's designee, a licensed attorney employed by the department of finance and administration; (ii) Upon consent of the director of the Tennessee bureau of investigation or the director's designee, a licensed attorney employed by the Tennessee bureau of investigation; or (iii) Upon the consent of the chief executive officer of any governmental agency, a licensed attorney employed by that agency. (B) The acts of an attorney acting for the district attorney general pursuant to this subdivision (b)(4) shall be valid as if done by the district attorney general, and there shall be no requirement that the district attorney general be disqualified from acting or that there be a vacancy in the office. Nor shall the district attorney general or any of the district attorney general's assistants be compelled to attend court proceedings in the matters in which an attorney is acting for the district attorney general pursuant to this subdivision (b)(4); provided, that the district attorney general or any of the district attorney general's assistants may be in attendance, and participate, if the district attorney general so desires. The authority to make such appointments extends to all proceedings brought under this part, whether civil or criminal. (c) For purposes of this section, a local public agency includes any county or municipal law enforcement agency or commission, any judicial district drug task force established under state law, the district attorney general, or any local department or agency of local government authorized by the attorney general to participate in the investigation. (d) Funds awarded under this section may not be used to supplement salaries of any public employee or law enforcement officer. Funds awarded under this section may not supplant other local or state funds. Amended by 2022 Tenn. Acts, ch. 982, s 2, eff. 7/1/2022. Acts 1998, ch. 979, § 13; 2005, ch. 474, §§ 23 - 25.
(a) All property ordered forfeited shall be sold at public auction. The proceeds from all property forfeited and sold at public auction shall be disposed of by the court as directed by this part. If the property seized and ordered forfeited was taken from the lawful owner through theft or fraud, then the property shall be returned to the lawful owner, or restitution provided, as the court determines. If the defendant owes restitution, the proceeds shall first be directly applied to satisfy any judgments against the defendant for restitution in favor of the victim. The attorney general shall then be compensated for all expenses incident to the litigation, as approved by the court. Any such costs for appeals shall be provided for by the trial court upon conclusion of the litigation. The attorney general shall then direct that any public agency be reimbursed for out-of-pocket expenses resulting from the investigation, seizure, and storage of the forfeited property.
(b) The court shall then award the remainder of the funds as follows: (1) In the event that the investigating and seizing agency is a state agency, the funds shall be distributed to the state general fund; (2) In the event that the investigating and seizing agency is the Tennessee bureau of investigation, or in the event that the office of inspector general participates in the investigation, seizure, or prosecution, then, the funds shall be distributed to the state treasurer, who shall deposit the funds in a designated account for the agency to be used in its operations; provided, that, if more than one (1) state agency participated in the investigation or seizure as certified by the prosecuting attorney, then the court shall order a distribution according to the participation of each; (3) In the event that the investigating and seizing agency is a local public agency, then the funds shall be distributed to its local government, when, upon ratification of this part by the local governing body of a municipality, metropolitan government or county governing body by ordinance or resolution, the municipality, metropolitan government or county has authorized the receipt of the distributed funds and has designated how the funds are to be distributed, which shall be designated for law enforcement, and the court shall make the award and distribution consistent with such ordinance or resolution by the local governing body. When more than one (1) local public agency participated in the investigation and seizure of forfeited property as certified by the attorney general, then the court shall order a distribution according to the participation of each local public agency. Accounting procedures for the financial administration of such funds shall be in keeping with those prescribed by the comptroller of the treasury; or (4) (A) In any matter concerning or arising out of TennCare fraud or abuse that is or may be the subject of a proceeding pursuant to this part, the district attorney general may specially appoint the following persons to prepare, initiate, and conduct such proceedings as the district attorney general is authorized by law to conduct pursuant to this part: (i) Upon consent of the commissioner of finance and administration or the commissioner's designee, a licensed attorney employed by the department of finance and administration; (ii) Upon consent of the director of the Tennessee bureau of investigation or the director's designee, a licensed attorney employed by the Tennessee bureau of investigation; or (iii) Upon the consent of the chief executive officer of any governmental agency, a licensed attorney employed by that agency. (B) The acts of an attorney acting for the district attorney general pursuant to this subdivision (b)(4) shall be valid as if done by the district attorney general, and there shall be no requirement that the district attorney general be disqualified from acting or that there be a vacancy in the office. Nor shall the district attorney general or any of the district attorney general's assistants be compelled to attend court proceedings in the matters in which an attorney is acting for the district attorney general pursuant to this subdivision (b)(4); provided, that the district attorney general or any of the district attorney general's assistants may be in attendance, and participate, if the district attorney general so desires. The authority to make such appointments extends to all proceedings brought under this part, whether civil or criminal.
(1) In the event that the investigating and seizing agency is a state agency, the funds shall be distributed to the state general fund;
(2) In the event that the investigating and seizing agency is the Tennessee bureau of investigation, or in the event that the office of inspector general participates in the investigation, seizure, or prosecution, then, the funds shall be distributed to the state treasurer, who shall deposit the funds in a designated account for the agency to be used in its operations; provided, that, if more than one (1) state agency participated in the investigation or seizure as certified by the prosecuting attorney, then the court shall order a distribution according to the participation of each;
(3) In the event that the investigating and seizing agency is a local public agency, then the funds shall be distributed to its local government, when, upon ratification of this part by the local governing body of a municipality, metropolitan government or county governing body by ordinance or resolution, the municipality, metropolitan government or county has authorized the receipt of the distributed funds and has designated how the funds are to be distributed, which shall be designated for law enforcement, and the court shall make the award and distribution consistent with such ordinance or resolution by the local governing body. When more than one (1) local public agency participated in the investigation and seizure of forfeited property as certified by the attorney general, then the court shall order a distribution according to the participation of each local public agency. Accounting procedures for the financial administration of such funds shall be in keeping with those prescribed by the comptroller of the treasury; or
(4) (A) In any matter concerning or arising out of TennCare fraud or abuse that is or may be the subject of a proceeding pursuant to this part, the district attorney general may specially appoint the following persons to prepare, initiate, and conduct such proceedings as the district attorney general is authorized by law to conduct pursuant to this part: (i) Upon consent of the commissioner of finance and administration or the commissioner's designee, a licensed attorney employed by the department of finance and administration; (ii) Upon consent of the director of the Tennessee bureau of investigation or the director's designee, a licensed attorney employed by the Tennessee bureau of investigation; or (iii) Upon the consent of the chief executive officer of any governmental agency, a licensed attorney employed by that agency. (B) The acts of an attorney acting for the district attorney general pursuant to this subdivision (b)(4) shall be valid as if done by the district attorney general, and there shall be no requirement that the district attorney general be disqualified from acting or that there be a vacancy in the office. Nor shall the district attorney general or any of the district attorney general's assistants be compelled to attend court proceedings in the matters in which an attorney is acting for the district attorney general pursuant to this subdivision (b)(4); provided, that the district attorney general or any of the district attorney general's assistants may be in attendance, and participate, if the district attorney general so desires. The authority to make such appointments extends to all proceedings brought under this part, whether civil or criminal.
(A) In any matter concerning or arising out of TennCare fraud or abuse that is or may be the subject of a proceeding pursuant to this part, the district attorney general may specially appoint the following persons to prepare, initiate, and conduct such proceedings as the district attorney general is authorized by law to conduct pursuant to this part: (i) Upon consent of the commissioner of finance and administration or the commissioner's designee, a licensed attorney employed by the department of finance and administration; (ii) Upon consent of the director of the Tennessee bureau of investigation or the director's designee, a licensed attorney employed by the Tennessee bureau of investigation; or (iii) Upon the consent of the chief executive officer of any governmental agency, a licensed attorney employed by that agency.
(i) Upon consent of the commissioner of finance and administration or the commissioner's designee, a licensed attorney employed by the department of finance and administration;
(ii) Upon consent of the director of the Tennessee bureau of investigation or the director's designee, a licensed attorney employed by the Tennessee bureau of investigation; or
(iii) Upon the consent of the chief executive officer of any governmental agency, a licensed attorney employed by that agency.
(B) The acts of an attorney acting for the district attorney general pursuant to this subdivision (b)(4) shall be valid as if done by the district attorney general, and there shall be no requirement that the district attorney general be disqualified from acting or that there be a vacancy in the office. Nor shall the district attorney general or any of the district attorney general's assistants be compelled to attend court proceedings in the matters in which an attorney is acting for the district attorney general pursuant to this subdivision (b)(4); provided, that the district attorney general or any of the district attorney general's assistants may be in attendance, and participate, if the district attorney general so desires. The authority to make such appointments extends to all proceedings brought under this part, whether civil or criminal.
(c) For purposes of this section, a local public agency includes any county or municipal law enforcement agency or commission, any judicial district drug task force established under state law, the district attorney general, or any local department or agency of local government authorized by the attorney general to participate in the investigation.
(d) Funds awarded under this section may not be used to supplement salaries of any public employee or law enforcement officer. Funds awarded under this section may not supplant other local or state funds.
Amended by 2022 Tenn. Acts, ch. 982, s 2, eff. 7/1/2022.
Acts 1998, ch. 979, § 13; 2005, ch. 474, §§ 23 - 25.
Tenn. Code Ann. § 39-13-1004 — TN Code / Title 39 / Chapter 13 / Section 39-13-1004
Especially aggravated burglary
Status: in_force

(a) Especially aggravated burglary is: (1) Burglary, as described in § 39-13-1002 , of a habitation or building other than a habitation; and (2) Where the victim suffers serious bodily injury. (b) For the purposes of this section, "victim" means any person lawfully on the premises. (c) Especially aggravated burglary is a Class B felony. (d) Acts which constitute an offense under this section may be prosecuted under this section or any other applicable section, but not both. Added by 2021 Tenn. Acts, ch. 545, s 2, eff. 7/1/2021.
(a) Especially aggravated burglary is: (1) Burglary, as described in § 39-13-1002 , of a habitation or building other than a habitation; and (2) Where the victim suffers serious bodily injury.
(1) Burglary, as described in § 39-13-1002 , of a habitation or building other than a habitation; and
(2) Where the victim suffers serious bodily injury.
(b) For the purposes of this section, "victim" means any person lawfully on the premises.
(c) Especially aggravated burglary is a Class B felony.
(d) Acts which constitute an offense under this section may be prosecuted under this section or any other applicable section, but not both.
Added by 2021 Tenn. Acts, ch. 545, s 2, eff. 7/1/2021.
Tenn. Code Ann. § 39-17-604 — TN Code / Title 39 / Chapter 17 / Section 39-17-604
Illegal sales - Exceptions
Status: in_force

(a) It is an offense for a person, other than a state lottery retailer, to sell a state lottery ticket or share. (b) It is an offense for a person to sell a state lottery ticket or share at a price other than face value. (c) It is an offense for a state lottery retailer to sell a state lottery ticket or share at a location other than the location listed on the retailer's certificate of authorization. (d) A violation of this section is a Class A misdemeanor. (e) It is an exception to the application of this section that: (1) A state lottery retailer, with written preauthorization from the chief executive officer of the corporation, sold state lottery tickets or shares at a price other than the price established by the corporation; and (2) A state lottery retailer, with written preauthorization from the chief executive officer of the corporation, sold state lottery tickets or shares at a temporary location. (f) This section shall not be construed as preventing the corporation from giving or selling state lottery tickets or shares at any price or at any location. Acts 2003, ch. 297, § 8.
(a) It is an offense for a person, other than a state lottery retailer, to sell a state lottery ticket or share.
(b) It is an offense for a person to sell a state lottery ticket or share at a price other than face value.
(c) It is an offense for a state lottery retailer to sell a state lottery ticket or share at a location other than the location listed on the retailer's certificate of authorization.
(d) A violation of this section is a Class A misdemeanor.
(e) It is an exception to the application of this section that: (1) A state lottery retailer, with written preauthorization from the chief executive officer of the corporation, sold state lottery tickets or shares at a price other than the price established by the corporation; and (2) A state lottery retailer, with written preauthorization from the chief executive officer of the corporation, sold state lottery tickets or shares at a temporary location.
(1) A state lottery retailer, with written preauthorization from the chief executive officer of the corporation, sold state lottery tickets or shares at a price other than the price established by the corporation; and
(2) A state lottery retailer, with written preauthorization from the chief executive officer of the corporation, sold state lottery tickets or shares at a temporary location.
(f) This section shall not be construed as preventing the corporation from giving or selling state lottery tickets or shares at any price or at any location.
Acts 2003, ch. 297, § 8.
Tenn. Code Ann. § 39-13-211 — TN Code / Title 39 / Chapter 13 / Section 39-13-211
Voluntary manslaughter
Status: in_force

(a) Voluntary manslaughter is the intentional or knowing killing of another in a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner. (b) Voluntary manslaughter is a Class B felony. Amended by 2023 Tenn. Acts, ch. 308, s 1, eff. 7/1/2023. Acts 1989, ch. 591, § 1; T.C.A., § 39-13-207 ; Acts 1990, ch. 1038, § 4.
(a) Voluntary manslaughter is the intentional or knowing killing of another in a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner.
(b) Voluntary manslaughter is a Class B felony.
Amended by 2023 Tenn. Acts, ch. 308, s 1, eff. 7/1/2023.
Acts 1989, ch. 591, § 1; T.C.A., § 39-13-207 ; Acts 1990, ch. 1038, § 4.
Tenn. Code Ann. § 39-17-908 — TN Code / Title 39 / Chapter 17 / Section 39-17-908
Enforcement - Initiation of criminal actions - Civil proceedings
Status: in_force

(a) Criminal action shall commence only on criminal indictment or the issuance of a warrant by a judge of any court of record; provided, that the commencement of any criminal action shall be made only with the prior knowledge and written approval of the district attorney general or any assistant district attorney general. (b) Sections 39-17-901 - 39-17-908 may be enforced by either criminal actions or by actions for injunctive relief, or both, and the actions may be commenced simultaneously and proceed independently of each other. Acts 1989, ch. 591, § 1.
(a) Criminal action shall commence only on criminal indictment or the issuance of a warrant by a judge of any court of record; provided, that the commencement of any criminal action shall be made only with the prior knowledge and written approval of the district attorney general or any assistant district attorney general.
(b) Sections 39-17-901 - 39-17-908 may be enforced by either criminal actions or by actions for injunctive relief, or both, and the actions may be commenced simultaneously and proceed independently of each other.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-15-204 — TN Code / Title 39 / Chapter 15 / Section 39-15-204
Right to refuse to perform abortions
Status: in_force

No physician shall be required to perform an abortion and no person shall be required to participate in the performance of an abortion. No hospital shall be required to permit abortions to be performed therein. Acts 1989, ch. 591, § 1.
No physician shall be required to perform an abortion and no person shall be required to participate in the performance of an abortion. No hospital shall be required to permit abortions to be performed therein.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-14-146 — TN Code / Title 39 / Chapter 14 / Section 39-14-146
Theft of property - Conduct involving merchandise
Status: in_force

(a) For purposes of § 39-14-103 , a person commits theft of property if the person, with the intent to deprive a merchant of the stated price of merchandise, knowingly commits any of the following acts: (1) Conceals the merchandise; (2) Removes, takes possession of, or causes the removal of merchandise; (3) Alters, transfers or removes any price marking, or any other marking which aids in determining value affixed to the merchandise; (4) Transfers the merchandise from one (1) container to another; (5) Causes the cash register or other sales recording device to reflect less than the merchant's stated price for the merchandise; (6) Removes, destroys, deactivates, or evades any component of an anti-shoplifting or inventory control device to commit or facilitate a theft; (7) Uses any artifice, instrument, container, device, or other article to commit or facilitate a theft; or (8) Activates or interferes with a fire alarm system to commit or facilitate a theft. (b) In a theft prosecution under this section, unless applicable, the state is not required to prove that the defendant obtained or exercised control over the merchandise as required in a prosecution under § 39-14-103 . (c) Notwithstanding any other law, a fifth or subsequent conviction in a two-year period shall be punished one (1) classification higher than provided by § 39-14-105 , and subject to a fine of not less than three hundred dollars ($300) nor more than the maximum fine established for the appropriate offense classification. Amended by 2017 Tenn. Acts, ch. 184,s 2, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 184,s 1, eff. 7/1/2017. Acts 1991, ch. 237, § 1.
(a) For purposes of § 39-14-103 , a person commits theft of property if the person, with the intent to deprive a merchant of the stated price of merchandise, knowingly commits any of the following acts: (1) Conceals the merchandise; (2) Removes, takes possession of, or causes the removal of merchandise; (3) Alters, transfers or removes any price marking, or any other marking which aids in determining value affixed to the merchandise; (4) Transfers the merchandise from one (1) container to another; (5) Causes the cash register or other sales recording device to reflect less than the merchant's stated price for the merchandise; (6) Removes, destroys, deactivates, or evades any component of an anti-shoplifting or inventory control device to commit or facilitate a theft; (7) Uses any artifice, instrument, container, device, or other article to commit or facilitate a theft; or (8) Activates or interferes with a fire alarm system to commit or facilitate a theft.
(1) Conceals the merchandise;
(2) Removes, takes possession of, or causes the removal of merchandise;
(3) Alters, transfers or removes any price marking, or any other marking which aids in determining value affixed to the merchandise;
(4) Transfers the merchandise from one (1) container to another;
(5) Causes the cash register or other sales recording device to reflect less than the merchant's stated price for the merchandise;
(6) Removes, destroys, deactivates, or evades any component of an anti-shoplifting or inventory control device to commit or facilitate a theft;
(7) Uses any artifice, instrument, container, device, or other article to commit or facilitate a theft; or
(8) Activates or interferes with a fire alarm system to commit or facilitate a theft.
(b) In a theft prosecution under this section, unless applicable, the state is not required to prove that the defendant obtained or exercised control over the merchandise as required in a prosecution under § 39-14-103 .
(c) Notwithstanding any other law, a fifth or subsequent conviction in a two-year period shall be punished one (1) classification higher than provided by § 39-14-105 , and subject to a fine of not less than three hundred dollars ($300) nor more than the maximum fine established for the appropriate offense classification.
Amended by 2017 Tenn. Acts, ch. 184,s 2, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 184,s 1, eff. 7/1/2017.
Acts 1991, ch. 237, § 1.
Tenn. Code Ann. § 39-11-601 — TN Code / Title 39 / Chapter 11 / Section 39-11-601
Justification a defense
Status: in_force

It is a defense to prosecution that the conduct of the person is justified under this part. Acts 1989, ch. 591, § 1.
It is a defense to prosecution that the conduct of the person is justified under this part.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-302 — TN Code / Title 39 / Chapter 17 / Section 39-17-302
Riot
Status: in_force

(a) A person commits an offense who knowingly participates in a riot. (b) A violation of this section is a Class A misdemeanor. In any sentence imposed for a violation of this section, the court shall include a mandatory minimum sentence of thirty (30) days of incarceration and an order of restitution for any property damage or loss incurred as a result of the offense. Amended by 2020EX2 Tenn. Acts, ch. 3, s 11, eff. 8/20/2020. Acts 1989, ch. 591, § 1.
(a) A person commits an offense who knowingly participates in a riot.
(b) A violation of this section is a Class A misdemeanor. In any sentence imposed for a violation of this section, the court shall include a mandatory minimum sentence of thirty (30) days of incarceration and an order of restitution for any property damage or loss incurred as a result of the offense.
Amended by 2020EX2 Tenn. Acts, ch. 3, s 11, eff. 8/20/2020.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-14-907 — TN Code / Title 39 / Chapter 14 / Section 39-14-907
Evidence
Status: in_force

In a prosecution under this part, either party may introduce the following evidence pertaining to the issue of whether the property or proceeds were known to be from some form of specified unlawful activity that: (1) A financial transaction was conducted or structured in violation of the reporting requirements of any state or federal law; (2) Money or any negotiable instrument was found in proximity to contraband or instrumentalities of an offense; (3) A financial transaction was conducted with the use of a false or fictitious name; or (4) A financial transaction was structured so as to falsely report the actual consideration or value of the transaction. Acts 1996, ch. 1012, § 6.
In a prosecution under this part, either party may introduce the following evidence pertaining to the issue of whether the property or proceeds were known to be from some form of specified unlawful activity that:
(1) A financial transaction was conducted or structured in violation of the reporting requirements of any state or federal law;
(2) Money or any negotiable instrument was found in proximity to contraband or instrumentalities of an offense;
(3) A financial transaction was conducted with the use of a false or fictitious name; or
(4) A financial transaction was structured so as to falsely report the actual consideration or value of the transaction.
Acts 1996, ch. 1012, § 6.
Tenn. Code Ann. § 39-14-115 — TN Code / Title 39 / Chapter 14 / Section 39-14-115
Criminal simulation
Status: in_force

(a) (1) A person commits the offense of criminal simulation who, with intent to defraud or harm another: (A) Makes or alters an object, in whole or in part, so that it appears to have value because of age, antiquity, rarity, source or authorship that it does not have; (B) Possesses an object so made or altered, with intent to sell, pass or otherwise utter it; or (C) Authenticates or certifies an object so made or altered as genuine or as different from what it is. (2) A person commits the offense of criminal simulation who, with knowledge of its character, possesses: (A) Any machinery, plates or other contrivances designed to produce instruments reporting to be credit or debit cards of an issuer who had not consented to the preparation of the cards; or (B) Any instrument, apparatus or contrivance designed, adapted or used for commission of any theft of property or services by fraudulent means. (b) Criminal simulation is punishable as theft pursuant to § 39-14-105 , but in no event shall criminal simulation be less than a Class E felony. Acts 1989, ch. 591, § 1; 2009, ch. 408, § 1.
(a) (1) A person commits the offense of criminal simulation who, with intent to defraud or harm another: (A) Makes or alters an object, in whole or in part, so that it appears to have value because of age, antiquity, rarity, source or authorship that it does not have; (B) Possesses an object so made or altered, with intent to sell, pass or otherwise utter it; or (C) Authenticates or certifies an object so made or altered as genuine or as different from what it is. (2) A person commits the offense of criminal simulation who, with knowledge of its character, possesses: (A) Any machinery, plates or other contrivances designed to produce instruments reporting to be credit or debit cards of an issuer who had not consented to the preparation of the cards; or (B) Any instrument, apparatus or contrivance designed, adapted or used for commission of any theft of property or services by fraudulent means.
(1) A person commits the offense of criminal simulation who, with intent to defraud or harm another: (A) Makes or alters an object, in whole or in part, so that it appears to have value because of age, antiquity, rarity, source or authorship that it does not have; (B) Possesses an object so made or altered, with intent to sell, pass or otherwise utter it; or (C) Authenticates or certifies an object so made or altered as genuine or as different from what it is.
(A) Makes or alters an object, in whole or in part, so that it appears to have value because of age, antiquity, rarity, source or authorship that it does not have;
(B) Possesses an object so made or altered, with intent to sell, pass or otherwise utter it; or
(C) Authenticates or certifies an object so made or altered as genuine or as different from what it is.
(2) A person commits the offense of criminal simulation who, with knowledge of its character, possesses: (A) Any machinery, plates or other contrivances designed to produce instruments reporting to be credit or debit cards of an issuer who had not consented to the preparation of the cards; or (B) Any instrument, apparatus or contrivance designed, adapted or used for commission of any theft of property or services by fraudulent means.
(A) Any machinery, plates or other contrivances designed to produce instruments reporting to be credit or debit cards of an issuer who had not consented to the preparation of the cards; or
(B) Any instrument, apparatus or contrivance designed, adapted or used for commission of any theft of property or services by fraudulent means.
(b) Criminal simulation is punishable as theft pursuant to § 39-14-105 , but in no event shall criminal simulation be less than a Class E felony.
Acts 1989, ch. 591, § 1; 2009, ch. 408, § 1.
Tenn. Code Ann. § 39-17-1364 — TN Code / Title 39 / Chapter 17 / Section 39-17-1364
Purchase and shipment of antique firearms and certain edged weapons
Status: in_force

Notwithstanding § 39-17-1307 , or any other law, it is lawful in this state for a person to purchase, and have shipped directly to such person's residence, the following: (1) A black powder weapon; provided, that it meets the definition of 18 U.S.C. § 921 ; (2) A knife, even if the blade is in excess of four inches (4"); or (3) A sword or bayonet, whether for ornamental, ceremonial, historical, theatrical or collecting purposes, or otherwise. Amended by 2014 Tenn. Acts, ch. 647,s 6, eff. 7/1/2014. Acts 2012, ch. 608, § 1.
Notwithstanding § 39-17-1307 , or any other law, it is lawful in this state for a person to purchase, and have shipped directly to such person's residence, the following:
(1) A black powder weapon; provided, that it meets the definition of 18 U.S.C. § 921 ;
(2) A knife, even if the blade is in excess of four inches (4"); or
(3) A sword or bayonet, whether for ornamental, ceremonial, historical, theatrical or collecting purposes, or otherwise.
Amended by 2014 Tenn. Acts, ch. 647,s 6, eff. 7/1/2014.
Acts 2012, ch. 608, § 1.
Tenn. Code Ann. § 39-17-1812 — TN Code / Title 39 / Chapter 17 / Section 39-17-1812
Liberal construction
Status: in_force

This part shall be liberally construed so as to further its purposes. Acts 2007, ch. 410, § 3.
This part shall be liberally construed so as to further its purposes.
Acts 2007, ch. 410, § 3.
Tenn. Code Ann. § 39-17-714 — TN Code / Title 39 / Chapter 17 / Section 39-17-714
Disposal of alcoholic beverages
Status: in_force

Upon the conviction of any person for a violation of § 39-17-713 , the sheriff or other officer shall be directed as a part of the judgment of the court to destroy or otherwise dispose of all alcoholic beverages according to law. Acts 1989, ch. 591, § 1.
Upon the conviction of any person for a violation of § 39-17-713 , the sheriff or other officer shall be directed as a part of the judgment of the court to destroy or otherwise dispose of all alcoholic beverages according to law.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-102 — TN Code / Title 39 / Chapter 17 / Section 39-17-102
Unlawful disposal of raw sewage - Continued violation - Enforcement
Status: in_force

(a) It is an offense for a person to unlawfully dispose of water carrying human waste, household or business waste, or to pipe or transmit raw sewage or the effluent from any septic tank or other system of any type, into or on public or private property. (b) Each day of continued violation after conviction constitutes a separate offense. (c) It is the duty of the local health officer to enforce the terms of this section, but this shall not be a duty exclusive only to local health officers. (d) An offense under this section is a Class C misdemeanor. Acts 1989, ch. 591, § 1.
(a) It is an offense for a person to unlawfully dispose of water carrying human waste, household or business waste, or to pipe or transmit raw sewage or the effluent from any septic tank or other system of any type, into or on public or private property.
(b) Each day of continued violation after conviction constitutes a separate offense.
(c) It is the duty of the local health officer to enforce the terms of this section, but this shall not be a duty exclusive only to local health officers.
(d) An offense under this section is a Class C misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-14-145 — TN Code / Title 39 / Chapter 14 / Section 39-14-145
Civil liability of employees for theft of retail merchandise
Status: in_force

(a) If the appropriate district attorney general consents to use of this section as provided in subsection (e), in lieu of any criminal penalties imposed by § 39-14-105 for theft offenses, any employee of a retail merchant who willfully takes possession of merchandise from the retail merchant with the intent to convert the merchandise to personal use without paying the purchase price shall be subject to civil liability should the merchant prevail as follows: (1) The greater of one hundred dollars ($100) or an amount three (3) times the listed retail price of the merchandise taken if the merchant does not recover the merchandise; (2) The greater of one hundred dollars ($100) or an amount three (3) times the difference between the value of the damaged merchandise and the value of the merchandise prior to its conversion if the merchant recovers the merchandise but it is in a damaged state; or (3) The greater of one hundred dollars ($100) or an amount twice the listed retail price of the merchandise if the merchant recovers the merchandise in the same condition it was in prior to the conversion. (b) The civil remedy conferred upon merchants by this section shall not apply if the listed retail price of the merchandise taken was in excess of five hundred dollars ($500). (c) If a written agreement is entered into between the merchant and the person responsible for damages and penalties pursuant to this section concerning the liability of the person and the payment of the damages and penalties, the agreement and the contents thereof shall remain confidential as long as the parties to the agreement continue to adhere to its terms. (d) Use of the civil remedy conferred upon merchants by this section shall not be construed to be a violation of § 39-16-604 , prohibiting the compounding of an offense. (e) Any demand in writing or other document sent to an employee covered by this section shall also be sent to the district attorney general of the judicial district in which the offense occurred. If the appropriate district attorney general has not, within ten (10) days from the date the document was sent, objected to the use of this section in lieu of criminal prosecution, the district attorney general shall be deemed to have consented to the use of this section by the mercantile establishment. If the mercantile establishment does not send a written demand or other document to the employee, the district attorney general must be notified and must consent, either orally or in writing, to the use of this section in lieu of criminal prosecution. (f) Whenever a retail merchant, the merchant's agent or the merchant's employee apprehends an employee who has committed theft as described in subsection (a), the merchant, agent or employee shall not at such time enter into any written agreement to accept civil damages in lieu of criminal penalties or actually accept any such civil damages. Acts 1990, ch. 1007, § 2; 1991, ch. 288, §§ 2, 5, 7, 8.
(a) If the appropriate district attorney general consents to use of this section as provided in subsection (e), in lieu of any criminal penalties imposed by § 39-14-105 for theft offenses, any employee of a retail merchant who willfully takes possession of merchandise from the retail merchant with the intent to convert the merchandise to personal use without paying the purchase price shall be subject to civil liability should the merchant prevail as follows: (1) The greater of one hundred dollars ($100) or an amount three (3) times the listed retail price of the merchandise taken if the merchant does not recover the merchandise; (2) The greater of one hundred dollars ($100) or an amount three (3) times the difference between the value of the damaged merchandise and the value of the merchandise prior to its conversion if the merchant recovers the merchandise but it is in a damaged state; or (3) The greater of one hundred dollars ($100) or an amount twice the listed retail price of the merchandise if the merchant recovers the merchandise in the same condition it was in prior to the conversion.
(1) The greater of one hundred dollars ($100) or an amount three (3) times the listed retail price of the merchandise taken if the merchant does not recover the merchandise;
(2) The greater of one hundred dollars ($100) or an amount three (3) times the difference between the value of the damaged merchandise and the value of the merchandise prior to its conversion if the merchant recovers the merchandise but it is in a damaged state; or
(3) The greater of one hundred dollars ($100) or an amount twice the listed retail price of the merchandise if the merchant recovers the merchandise in the same condition it was in prior to the conversion.
(b) The civil remedy conferred upon merchants by this section shall not apply if the listed retail price of the merchandise taken was in excess of five hundred dollars ($500).
(c) If a written agreement is entered into between the merchant and the person responsible for damages and penalties pursuant to this section concerning the liability of the person and the payment of the damages and penalties, the agreement and the contents thereof shall remain confidential as long as the parties to the agreement continue to adhere to its terms.
(d) Use of the civil remedy conferred upon merchants by this section shall not be construed to be a violation of § 39-16-604 , prohibiting the compounding of an offense.
(e) Any demand in writing or other document sent to an employee covered by this section shall also be sent to the district attorney general of the judicial district in which the offense occurred. If the appropriate district attorney general has not, within ten (10) days from the date the document was sent, objected to the use of this section in lieu of criminal prosecution, the district attorney general shall be deemed to have consented to the use of this section by the mercantile establishment. If the mercantile establishment does not send a written demand or other document to the employee, the district attorney general must be notified and must consent, either orally or in writing, to the use of this section in lieu of criminal prosecution.
(f) Whenever a retail merchant, the merchant's agent or the merchant's employee apprehends an employee who has committed theft as described in subsection (a), the merchant, agent or employee shall not at such time enter into any written agreement to accept civil damages in lieu of criminal penalties or actually accept any such civil damages.
Acts 1990, ch. 1007, § 2; 1991, ch. 288, §§ 2, 5, 7, 8.
Tenn. Code Ann. § 39-14-133 — TN Code / Title 39 / Chapter 14 / Section 39-14-133
False or fraudulent insurance claims
Status: in_force

Any person who intentionally presents or causes to be presented a false or fraudulent claim, or any proof in support of such claim, for the payment of a loss, or other benefits, upon any contract of insurance coverage, or automobile comprehensive or collision insurance, or certificate of such insurance or prepares, makes or subscribes to a false or fraudulent account, certificate, affidavit or proof of loss, or other documents or writing, with intent that the same may be presented or used in support of such claim, is punished as in the case of theft. Acts 1989, ch. 591, § 1.
Any person who intentionally presents or causes to be presented a false or fraudulent claim, or any proof in support of such claim, for the payment of a loss, or other benefits, upon any contract of insurance coverage, or automobile comprehensive or collision insurance, or certificate of such insurance or prepares, makes or subscribes to a false or fraudulent account, certificate, affidavit or proof of loss, or other documents or writing, with intent that the same may be presented or used in support of such claim, is punished as in the case of theft.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-16-609 — TN Code / Title 39 / Chapter 16 / Section 39-16-609
Failure to appear
Status: in_force

(a) It is unlawful for any person to knowingly fail to appear as directed by a lawful authority if the person: (1) Has been lawfully issued a criminal summons pursuant to § 40-6-215 ; (2) Has been lawfully commanded to appear for booking and processing pursuant to a criminal summons issued in accordance with § 40-6-215 ; (3) Has been lawfully issued a citation in lieu of arrest under § 40-7-118 ; (4) Has been lawfully released from custody, with or without bail, on condition of subsequent appearance at an official proceeding or penal institution at a specified time or place; or (5) Knowingly goes into hiding to avoid prosecution or court appearance. (b) It is a defense to prosecution under this section that: (1) The appearance is required by a probation and parole officer as an incident of probation or parole supervision; or (2) The person had a reasonable excuse for failure to appear at the specified time and place. (c) Nothing in this section shall apply to witnesses. (d) Failure to appear is a Class A misdemeanor. (e) Any sentence received for a violation of this section must be ordered to be served consecutively to any sentence received for the offense for which the defendant failed to appear. (f) [Deleted by 2019 amendment.] Amended by 2019 Tenn. Acts, ch. 486,s 4, eff. 7/1/2019. Acts 1989, ch. 591, § 1; 1990, ch. 709, § 1; 1990, ch. 980, § 16; 1997, ch. 317, § 1; 1998, ch. 1049, § 15; 2004, ch. 727, § 1.
(a) It is unlawful for any person to knowingly fail to appear as directed by a lawful authority if the person: (1) Has been lawfully issued a criminal summons pursuant to § 40-6-215 ; (2) Has been lawfully commanded to appear for booking and processing pursuant to a criminal summons issued in accordance with § 40-6-215 ; (3) Has been lawfully issued a citation in lieu of arrest under § 40-7-118 ; (4) Has been lawfully released from custody, with or without bail, on condition of subsequent appearance at an official proceeding or penal institution at a specified time or place; or (5) Knowingly goes into hiding to avoid prosecution or court appearance.
(1) Has been lawfully issued a criminal summons pursuant to § 40-6-215 ;
(2) Has been lawfully commanded to appear for booking and processing pursuant to a criminal summons issued in accordance with § 40-6-215 ;
(3) Has been lawfully issued a citation in lieu of arrest under § 40-7-118 ;
(4) Has been lawfully released from custody, with or without bail, on condition of subsequent appearance at an official proceeding or penal institution at a specified time or place; or
(5) Knowingly goes into hiding to avoid prosecution or court appearance.
(b) It is a defense to prosecution under this section that: (1) The appearance is required by a probation and parole officer as an incident of probation or parole supervision; or (2) The person had a reasonable excuse for failure to appear at the specified time and place.
(1) The appearance is required by a probation and parole officer as an incident of probation or parole supervision; or
(2) The person had a reasonable excuse for failure to appear at the specified time and place.
(c) Nothing in this section shall apply to witnesses.
(d) Failure to appear is a Class A misdemeanor.
(e) Any sentence received for a violation of this section must be ordered to be served consecutively to any sentence received for the offense for which the defendant failed to appear.
(f) [Deleted by 2019 amendment.]
Amended by 2019 Tenn. Acts, ch. 486,s 4, eff. 7/1/2019.
Acts 1989, ch. 591, § 1; 1990, ch. 709, § 1; 1990, ch. 980, § 16; 1997, ch. 317, § 1; 1998, ch. 1049, § 15; 2004, ch. 727, § 1.
Tenn. Code Ann. § 39-16-610 — TN Code / Title 39 / Chapter 16 / Section 39-16-610
Radar jamming devices
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Radar jamming device" means any active or passive device, instrument, mechanism, or equipment that is designed or intended to interfere with, disrupt, or scramble the radar or laser that is used by law enforcement agencies and officers to measure the speed of motor vehicles; (2) "Radar jamming device" includes, but is not limited to, devices commonly referred to as "jammers" or "scramblers"; and (3) "Radar jamming device" does not include equipment that is legal under FCC regulations, such as a citizens' band radio, ham radio, or any other similar electronic equipment. (b) It is an offense for any person to knowingly possess or sell a radar jamming device. (c) It is an offense for any person to knowingly operate a motor vehicle with a radar jamming device in the motor vehicle. (d) It is an offense for a person to knowingly use a radar jamming device for the purpose of interfering with the radar signals or lasers used by law enforcement personnel to measure the speed of a motor vehicle on a highway. (e) Any radar jamming device that is used in violation of this section is subject to seizure by any law enforcement officer and may be confiscated and destroyed by order of the court in which a violation of this section is charged. (f) This section shall not apply to law enforcement officers acting in their official capacity. (g) (1) A violation of subsection (b) or (c) is a Class C misdemeanor. (2) A violation of subsection (d) is a Class B misdemeanor. Acts 2006, ch. 853, § 1.
(a) As used in this section, unless the context otherwise requires: (1) "Radar jamming device" means any active or passive device, instrument, mechanism, or equipment that is designed or intended to interfere with, disrupt, or scramble the radar or laser that is used by law enforcement agencies and officers to measure the speed of motor vehicles; (2) "Radar jamming device" includes, but is not limited to, devices commonly referred to as "jammers" or "scramblers"; and (3) "Radar jamming device" does not include equipment that is legal under FCC regulations, such as a citizens' band radio, ham radio, or any other similar electronic equipment.
(1) "Radar jamming device" means any active or passive device, instrument, mechanism, or equipment that is designed or intended to interfere with, disrupt, or scramble the radar or laser that is used by law enforcement agencies and officers to measure the speed of motor vehicles;
(2) "Radar jamming device" includes, but is not limited to, devices commonly referred to as "jammers" or "scramblers"; and
(3) "Radar jamming device" does not include equipment that is legal under FCC regulations, such as a citizens' band radio, ham radio, or any other similar electronic equipment.
(b) It is an offense for any person to knowingly possess or sell a radar jamming device.
(c) It is an offense for any person to knowingly operate a motor vehicle with a radar jamming device in the motor vehicle.
(d) It is an offense for a person to knowingly use a radar jamming device for the purpose of interfering with the radar signals or lasers used by law enforcement personnel to measure the speed of a motor vehicle on a highway.
(e) Any radar jamming device that is used in violation of this section is subject to seizure by any law enforcement officer and may be confiscated and destroyed by order of the court in which a violation of this section is charged.
(f) This section shall not apply to law enforcement officers acting in their official capacity.
(g) (1) A violation of subsection (b) or (c) is a Class C misdemeanor. (2) A violation of subsection (d) is a Class B misdemeanor.
(1) A violation of subsection (b) or (c) is a Class C misdemeanor.
(2) A violation of subsection (d) is a Class B misdemeanor.
Acts 2006, ch. 853, § 1.
Tenn. Code Ann. § 39-17-907 — TN Code / Title 39 / Chapter 17 / Section 39-17-907
Restrictions on showings
Status: in_force

(a) It is unlawful for any person to exhibit for public consumption, whether or not the exhibition is for compensation, any motion picture, film, movie, or videotape that depicts sexual conduct as defined in § 39-17-901 , unless the exhibition is within a theater auditorium or other enclosed area that effectively removes the exhibition from the view of members of the public who are not voluntarily engaged in viewing the motion picture, film, movie, or videotape. (b) No minor under eighteen (18) years of age may be admitted to a movie theatre if the movie has been found to be "harmful to minors" pursuant to § 39-17-901 . It is a deceptive practice under title 47, chapter 18, part 1, to advertise or promote a motion picture as having a rating other than the rating that has been assigned to it. (c) A violation of this section is a Class A misdemeanor. Amended by 2013 Tenn. Acts, ch. 459,s 1, eff. 5/20/2013. Acts 1989, ch. 591, § 1.
(a) It is unlawful for any person to exhibit for public consumption, whether or not the exhibition is for compensation, any motion picture, film, movie, or videotape that depicts sexual conduct as defined in § 39-17-901 , unless the exhibition is within a theater auditorium or other enclosed area that effectively removes the exhibition from the view of members of the public who are not voluntarily engaged in viewing the motion picture, film, movie, or videotape.
(b) No minor under eighteen (18) years of age may be admitted to a movie theatre if the movie has been found to be "harmful to minors" pursuant to § 39-17-901 . It is a deceptive practice under title 47, chapter 18, part 1, to advertise or promote a motion picture as having a rating other than the rating that has been assigned to it.
(c) A violation of this section is a Class A misdemeanor.
Amended by 2013 Tenn. Acts, ch. 459,s 1, eff. 5/20/2013.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-16-601 — TN Code / Title 39 / Chapter 16 / Section 39-16-601
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Complaining witness" means a person who signs a criminal complaint; (2) "Custody" means under arrest by a law enforcement officer or under restraint by a public servant pursuant to an order of a court; (3) "Escape" means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period, but does not include a violation of conditions of probation or parole; and (4) "Penal institution" includes any institution or facility used to house or detain a person: (A) Convicted of a crime; (B) Adjudicated delinquent by a juvenile court; (C) Who is in direct or indirect custody after a lawful arrest; or (D) When such institution or facility is a court-operated long-term residential substance abuse facility. Acts 1989, ch. 591, § 1; 1996, ch. 1079, § 125; 2010, ch. 1124, § 3.
As used in this part, unless the context otherwise requires:
(1) "Complaining witness" means a person who signs a criminal complaint;
(2) "Custody" means under arrest by a law enforcement officer or under restraint by a public servant pursuant to an order of a court;
(3) "Escape" means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period, but does not include a violation of conditions of probation or parole; and
(4) "Penal institution" includes any institution or facility used to house or detain a person: (A) Convicted of a crime; (B) Adjudicated delinquent by a juvenile court; (C) Who is in direct or indirect custody after a lawful arrest; or (D) When such institution or facility is a court-operated long-term residential substance abuse facility.
(A) Convicted of a crime;
(B) Adjudicated delinquent by a juvenile court;
(C) Who is in direct or indirect custody after a lawful arrest; or
(D) When such institution or facility is a court-operated long-term residential substance abuse facility.
Acts 1989, ch. 591, § 1; 1996, ch. 1079, § 125; 2010, ch. 1124, § 3.
Tenn. Code Ann. § 39-17-1402 — TN Code / Title 39 / Chapter 17 / Section 39-17-1402
Conveyance of dangerous materials to metals recycling facilities
Status: in_force

(a) A person may not sell, convey or otherwise transfer to a metals recycling facility any of the following items without first obtaining from the metals recycling facility a signed written acknowledgment that the item has been sold, conveyed or transferred to the facility: (1) Lead-acid battery; (2) Fuel tank; (3) PCB-containing capacitor; (4) Chlorofluorocarbon refrigerant; or (5) Unspent air bag. (b) This section applies whether an item is included with a load of scrap or is contained or enclosed in a motor vehicle, scrap vehicle, appliance or other item of scrap. Acts 1994, ch. 798, § 3.
(a) A person may not sell, convey or otherwise transfer to a metals recycling facility any of the following items without first obtaining from the metals recycling facility a signed written acknowledgment that the item has been sold, conveyed or transferred to the facility: (1) Lead-acid battery; (2) Fuel tank; (3) PCB-containing capacitor; (4) Chlorofluorocarbon refrigerant; or (5) Unspent air bag.
(1) Lead-acid battery;
(2) Fuel tank;
(3) PCB-containing capacitor;
(4) Chlorofluorocarbon refrigerant; or
(5) Unspent air bag.
(b) This section applies whether an item is included with a load of scrap or is contained or enclosed in a motor vehicle, scrap vehicle, appliance or other item of scrap.
Acts 1994, ch. 798, § 3.
Tenn. Code Ann. § 39-15-408 — TN Code / Title 39 / Chapter 15 / Section 39-15-408
Dissemination of smoking paraphernalia to minors
Status: in_force

(a) It is an offense for a person to disseminate smoking paraphernalia to a minor. (b) It is an offense to persuade, entice, send, or assist a minor to purchase, acquire, receive or attempt to purchase, acquire or receive smoking paraphernalia. (c) A violation of this section is a Class C misdemeanor. Acts 1989, ch. 591, § 1; 1993, ch. 280, §§ 1, 2; 1994, ch. 872, § 11.
(a) It is an offense for a person to disseminate smoking paraphernalia to a minor.
(b) It is an offense to persuade, entice, send, or assist a minor to purchase, acquire, receive or attempt to purchase, acquire or receive smoking paraphernalia.
(c) A violation of this section is a Class C misdemeanor.
Acts 1989, ch. 591, § 1; 1993, ch. 280, §§ 1, 2; 1994, ch. 872, § 11.
Tenn. Code Ann. § 39-17-1006 — TN Code / Title 39 / Chapter 17 / Section 39-17-1006
Injunctions
Status: in_force

If the district attorney general is of the opinion that §§ 39-17-1001-39-17-1005 are being violated, the district attorney general may file a petition in a circuit, chancery or criminal court of that district relating the opinion, and request the court to issue a temporary restraining order or a temporary injunction enjoining the person named in the petition from removing the material in question from the jurisdiction of the court pending an adversary hearing on the petition. If a temporary restraining order or, after notice, a temporary injunction is so issued, the person enjoined shall answer within the time set by the court, which time shall be set by the court at not more than sixty (60) days. The adversary hearing on the petition shall be held within two (2) days after the joinder of issues. At the conclusion of the hearing, or within two (2) days thereafter, the court will determine whether or not the material in question is in violation of §§ 39-17-1001 - 39-17-1005. On a finding of a violation, the court shall grant a temporary injunction or continue its injunction in full force and effect for a period not to exceed forty-five (45) days or until an indictment on the matter has been submitted to the grand jury. If forty-five (45) days elapse and the grand jury has taken no action, the injunction terminates. The injunction also terminates on the grand jury returning a no true bill. On the return of a true bill of indictment, the court shall order the material in question delivered into the hands of the court clerk or district attorney general, there to be held as evidence in the case. Acts 1990, ch. 1092, § 7.
If the district attorney general is of the opinion that §§ 39-17-1001-39-17-1005 are being violated, the district attorney general may file a petition in a circuit, chancery or criminal court of that district relating the opinion, and request the court to issue a temporary restraining order or a temporary injunction enjoining the person named in the petition from removing the material in question from the jurisdiction of the court pending an adversary hearing on the petition. If a temporary restraining order or, after notice, a temporary injunction is so issued, the person enjoined shall answer within the time set by the court, which time shall be set by the court at not more than sixty (60) days. The adversary hearing on the petition shall be held within two (2) days after the joinder of issues. At the conclusion of the hearing, or within two (2) days thereafter, the court will determine whether or not the material in question is in violation of §§ 39-17-1001 - 39-17-1005. On a finding of a violation, the court shall grant a temporary injunction or continue its injunction in full force and effect for a period not to exceed forty-five (45) days or until an indictment on the matter has been submitted to the grand jury. If forty-five (45) days elapse and the grand jury has taken no action, the injunction terminates. The injunction also terminates on the grand jury returning a no true bill. On the return of a true bill of indictment, the court shall order the material in question delivered into the hands of the court clerk or district attorney general, there to be held as evidence in the case.
Acts 1990, ch. 1092, § 7.
Tenn. Code Ann. § 39-17-1354 — TN Code / Title 39 / Chapter 17 / Section 39-17-1354
Judicial review of department determination
Status: in_force

(a) Within thirty (30) days of the issuance of the final determination of the department following a hearing under § 39-17-1353 , a person aggrieved by the determination shall have the right to file a petition in the chancery court of the county of the person's residence for judicial review. The filing of a petition for judicial review shall not stay the revocation order. (b) The review shall be on the record, without taking additional testimony. If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination that is unsupported by the evidence in the record, the court may reverse the department's determination. Acts 1996, ch. 905, § 6.
(a) Within thirty (30) days of the issuance of the final determination of the department following a hearing under § 39-17-1353 , a person aggrieved by the determination shall have the right to file a petition in the chancery court of the county of the person's residence for judicial review. The filing of a petition for judicial review shall not stay the revocation order.
(b) The review shall be on the record, without taking additional testimony. If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination that is unsupported by the evidence in the record, the court may reverse the department's determination.
Acts 1996, ch. 905, § 6.
Tenn. Code Ann. § 39-17-415 — TN Code / Title 39 / Chapter 17 / Section 39-17-415
Criteria and controlled substances for Schedule VI
Status: in_force

(a) There is established a Schedule VI for the classification of substances which the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, upon considering the factors set forth in § 39-17-403 , decides should not be included in Schedules I through V. The controlled substances included in Schedule VI are: (1) Marijuana; (2) Tetrahydrocannabinols; and (3) Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as the following: (A) 1 cis or trans tetrahydrocannabinol, and its optical isomers; (B) 6 cis or trans tetrahydrocannabinol, and its optical isomers; or (C) 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers. (b) Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions are covered. (c) This section does not categorize hemp, as defined in § 43-27-101 , as a controlled substance. Amended by 2019 Tenn. Acts, ch. 87, s 3, eff. 4/4/2019. Amended by 2016 Tenn. Acts, ch. 728, s 2, eff. 4/7/2016. Amended by 2014 Tenn. Acts, ch. 916, s 2, eff. 7/1/2014. Acts 1989, ch. 591, § 1; 2010 , ch. 1100, § 65; 2012 , ch. 575, § 2.
(a) There is established a Schedule VI for the classification of substances which the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, upon considering the factors set forth in § 39-17-403 , decides should not be included in Schedules I through V. The controlled substances included in Schedule VI are: (1) Marijuana; (2) Tetrahydrocannabinols; and (3) Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as the following: (A) 1 cis or trans tetrahydrocannabinol, and its optical isomers; (B) 6 cis or trans tetrahydrocannabinol, and its optical isomers; or (C) 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers.
(1) Marijuana;
(2) Tetrahydrocannabinols; and
(3) Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as the following: (A) 1 cis or trans tetrahydrocannabinol, and its optical isomers; (B) 6 cis or trans tetrahydrocannabinol, and its optical isomers; or (C) 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers.
(A) 1 cis or trans tetrahydrocannabinol, and its optical isomers;
(B) 6 cis or trans tetrahydrocannabinol, and its optical isomers; or
(C) 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers.
(b) Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions are covered.
(c) This section does not categorize hemp, as defined in § 43-27-101 , as a controlled substance.
Amended by 2019 Tenn. Acts, ch. 87, s 3, eff. 4/4/2019.
Amended by 2016 Tenn. Acts, ch. 728, s 2, eff. 4/7/2016.
Amended by 2014 Tenn. Acts, ch. 916, s 2, eff. 7/1/2014.
Acts 1989, ch. 591, § 1; 2010 , ch. 1100, § 65; 2012 , ch. 575, § 2.
Tenn. Code Ann. § 39-11-610 — TN Code / Title 39 / Chapter 11 / Section 39-11-610
Public duty
Status: in_force

(a) Except as qualified by subsections (b) and (c), conduct is justified if the person reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or other tribunal, or in the execution of legal process. (b) The following sections of this part control: (1) When force is threatened or used against a person to protect persons, pursuant to §§ 39-11-611 - 39-11-613; (2) To protect property, pursuant to §§ 39-11-614 - 39-11-616; or (3) For law enforcement, pursuant to § 39-11-620 . (c) The justification afforded by this section is available if: (1) The person reasonably believes the court or tribunal has jurisdiction or the process is lawful, even though the court or tribunal lacks jurisdiction or the process is unlawful; or (2) The person reasonably believes the conduct is required or authorized to assist a public servant in the performance of the public servant's official duty, even though the public servant exceeds the public servant's lawful authority. Acts 1989, ch. 591, § 1.
(a) Except as qualified by subsections (b) and (c), conduct is justified if the person reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or other tribunal, or in the execution of legal process.
(b) The following sections of this part control: (1) When force is threatened or used against a person to protect persons, pursuant to §§ 39-11-611 - 39-11-613; (2) To protect property, pursuant to §§ 39-11-614 - 39-11-616; or (3) For law enforcement, pursuant to § 39-11-620 .
(1) When force is threatened or used against a person to protect persons, pursuant to §§ 39-11-611 - 39-11-613;
(2) To protect property, pursuant to §§ 39-11-614 - 39-11-616; or
(3) For law enforcement, pursuant to § 39-11-620 .
(c) The justification afforded by this section is available if: (1) The person reasonably believes the court or tribunal has jurisdiction or the process is lawful, even though the court or tribunal lacks jurisdiction or the process is unlawful; or (2) The person reasonably believes the conduct is required or authorized to assist a public servant in the performance of the public servant's official duty, even though the public servant exceeds the public servant's lawful authority.
(1) The person reasonably believes the court or tribunal has jurisdiction or the process is lawful, even though the court or tribunal lacks jurisdiction or the process is unlawful; or
(2) The person reasonably believes the conduct is required or authorized to assist a public servant in the performance of the public servant's official duty, even though the public servant exceeds the public servant's lawful authority.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-13-311 — TN Code / Title 39 / Chapter 13 / Section 39-13-311
Violations by corporations
Status: in_force

A corporation may be prosecuted for a violation of §§ 39-13-308 and 39-13-309 for an act or omission constituting a crime under this part only if an agent of the corporation performs the conduct that is an element of the crime while acting within the scope of the agent's office or employment and on behalf of the corporation and the commission of the crime was either authorized, requested, commanded, performed or within the scope of the agent's employment on behalf of the corporation or constituted a pattern of illegal activity that an agent of the company knew or should have known was occurring. Acts 2008, ch. 1140, § 3.
A corporation may be prosecuted for a violation of §§ 39-13-308 and 39-13-309 for an act or omission constituting a crime under this part only if an agent of the corporation performs the conduct that is an element of the crime while acting within the scope of the agent's office or employment and on behalf of the corporation and the commission of the crime was either authorized, requested, commanded, performed or within the scope of the agent's employment on behalf of the corporation or constituted a pattern of illegal activity that an agent of the company knew or should have known was occurring.
Acts 2008, ch. 1140, § 3.
Tenn. Code Ann. § 39-17-105 — TN Code / Title 39 / Chapter 17 / Section 39-17-105
Charge for use of public toilet facility prohibited
Status: in_force

(a) It is an offense for a person maintaining toilet facilities available to the public to impose a charge for the use of the facility. (b) Each toilet facility maintained in violation of this section constitutes a separate offense. (c) An offense under this section is a Class C misdemeanor. Acts 1989, ch. 591, § 1.
(a) It is an offense for a person maintaining toilet facilities available to the public to impose a charge for the use of the facility.
(b) Each toilet facility maintained in violation of this section constitutes a separate offense.
(c) An offense under this section is a Class C misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-11-118 — TN Code / Title 39 / Chapter 11 / Section 39-11-118
Restitution to victims of crime
Status: in_force

(a) In addition to the punishment authorized by the specific statute prohibiting the conduct, it is a part of the punishment for any offense committed in this state that the person committing the offense may be sentenced by the court to pay restitution to the victim or victims of the offense in accordance with §§ 40-35-104(c)(2) and 40-35-304 . (b) In addition to the punishment authorized by the specific statute prohibiting the conduct, it is a part of the punishment for the offenses named in this subsection (b) that the defendant be sentenced by the court to pay restitution to the victim or victims of §§ 39-13-309 , 39-13-514 , 39-17-1005(a) , 39-13-528(a) , and 39-13-529(a) in accordance with §§ 40-35-104(c)(2) and 40-35-304 . Amended by 2013 Tenn. Acts, ch. 242, s 1, eff. 7/1/2013. Acts 1996, ch. 699, § 1.
(a) In addition to the punishment authorized by the specific statute prohibiting the conduct, it is a part of the punishment for any offense committed in this state that the person committing the offense may be sentenced by the court to pay restitution to the victim or victims of the offense in accordance with §§ 40-35-104(c)(2) and 40-35-304 .
(b) In addition to the punishment authorized by the specific statute prohibiting the conduct, it is a part of the punishment for the offenses named in this subsection (b) that the defendant be sentenced by the court to pay restitution to the victim or victims of §§ 39-13-309 , 39-13-514 , 39-17-1005(a) , 39-13-528(a) , and 39-13-529(a) in accordance with §§ 40-35-104(c)(2) and 40-35-304 .
Amended by 2013 Tenn. Acts, ch. 242, s 1, eff. 7/1/2013.
Acts 1996, ch. 699, § 1.
Tenn. Code Ann. § 39-15-505 — TN Code / Title 39 / Chapter 15 / Section 39-15-505
Victim's inability to attend judicial proceedings - Affidavit - Out-of-court deposition
Status: in_force

(a) An elderly or vulnerable adult victim's inability to attend judicial proceedings due to illness, or other mental or physical disability, shall be considered exceptional circumstances upon the state's motion to preserve testimony pursuant to Rule 15 of the Tennessee Rules of Criminal Procedure. The state may request the motion in any court, juvenile, general sessions, criminal, or circuit, having jurisdiction over the accused and may initiate the motion at any stage of the proceedings after the accused's initial appearance. (b) The court shall consider an affidavit executed by the elderly or vulnerable adult's treating physician stating that the elderly or vulnerable adult is unable to attend court due to illness or other mental or physical disability as prima facie evidence of the need to preserve witness testimony by the taking of the adult's out-of-court deposition. (c) The court shall order the defendant's attendance to the out-of-court deposition. The defendant may waive the defendant's attendance in writing. Amended by 2021 Tenn. Acts, ch. 500, s 12, eff. 10/1/2021. Added by 2017 Tenn. Acts, ch. 466, s 2, eff. 7/1/2017.
(a) An elderly or vulnerable adult victim's inability to attend judicial proceedings due to illness, or other mental or physical disability, shall be considered exceptional circumstances upon the state's motion to preserve testimony pursuant to Rule 15 of the Tennessee Rules of Criminal Procedure. The state may request the motion in any court, juvenile, general sessions, criminal, or circuit, having jurisdiction over the accused and may initiate the motion at any stage of the proceedings after the accused's initial appearance.
(b) The court shall consider an affidavit executed by the elderly or vulnerable adult's treating physician stating that the elderly or vulnerable adult is unable to attend court due to illness or other mental or physical disability as prima facie evidence of the need to preserve witness testimony by the taking of the adult's out-of-court deposition.
(c) The court shall order the defendant's attendance to the out-of-court deposition. The defendant may waive the defendant's attendance in writing.
Amended by 2021 Tenn. Acts, ch. 500, s 12, eff. 10/1/2021.
Added by 2017 Tenn. Acts, ch. 466, s 2, eff. 7/1/2017.
Tenn. Code Ann. § 39-13-805 — TN Code / Title 39 / Chapter 13 / Section 39-13-805
Commission of act of terrorism
Status: in_force

(a) It is an offense for any person to commit an act of terrorism in this state. (b) (1) An act of terrorism is a Class A felony. (2) If the act of terrorism results in the loss of human life, the defendant shall be prosecuted and sentenced for first degree murder, under § 39-13-202 , rather than under this section. Amended by 2021 Tenn. Acts, ch. 528, s 20, eff. 7/1/2021. Acts 2002, ch. 849, § 1.
(a) It is an offense for any person to commit an act of terrorism in this state.
(b) (1) An act of terrorism is a Class A felony. (2) If the act of terrorism results in the loss of human life, the defendant shall be prosecuted and sentenced for first degree murder, under § 39-13-202 , rather than under this section.
(1) An act of terrorism is a Class A felony.
(2) If the act of terrorism results in the loss of human life, the defendant shall be prosecuted and sentenced for first degree murder, under § 39-13-202 , rather than under this section.
Amended by 2021 Tenn. Acts, ch. 528, s 20, eff. 7/1/2021.
Acts 2002, ch. 849, § 1.
Tenn. Code Ann. § 39-14-213 — TN Code / Title 39 / Chapter 14 / Section 39-14-213
Removal of transmitting collars or microchip implants from dogs
Status: in_force

(a) A person who removes from a dog an electronic or radio transmitting collar or microchip implant without the permission of the owner of the dog and with the intent to prevent or hinder the owner from locating the dog commits a Class B misdemeanor, punishable by fine only; provided, however, that, if the dog wearing an electronic or radio transmitting collar or microchip implant is lost or killed as the proximate result of the removal of the collar or implant, the person commits a Class A misdemeanor, punishable by fine only. (b) Upon conviction for a violation of this section, the court shall order that the violator pay as restitution to the owner the actual value of a dog lost or killed as a result of the removal of an electronic or radio transmitting collar or microchip implant from the dog by the violator. The court may also order the violator to pay as restitution to the owner any breeding revenues forfeited due to the loss or death of a dog. Acts 2007, ch. 70, § 1.
(a) A person who removes from a dog an electronic or radio transmitting collar or microchip implant without the permission of the owner of the dog and with the intent to prevent or hinder the owner from locating the dog commits a Class B misdemeanor, punishable by fine only; provided, however, that, if the dog wearing an electronic or radio transmitting collar or microchip implant is lost or killed as the proximate result of the removal of the collar or implant, the person commits a Class A misdemeanor, punishable by fine only.
(b) Upon conviction for a violation of this section, the court shall order that the violator pay as restitution to the owner the actual value of a dog lost or killed as a result of the removal of an electronic or radio transmitting collar or microchip implant from the dog by the violator. The court may also order the violator to pay as restitution to the owner any breeding revenues forfeited due to the loss or death of a dog.
Acts 2007, ch. 70, § 1.
Tenn. Code Ann. § 39-17-904 — TN Code / Title 39 / Chapter 17 / Section 39-17-904
Destruction of material upon conviction
Status: in_force

Upon the conviction of the accused, the court may, when the conviction becomes final, order any matter of advertisement, in respect whereof the accused stands convicted, and that remains in the possession or under the control of the district attorney general or any law enforcement agency to be destroyed, and the court may cause to be destroyed any such material in its possession or under its control. Acts 1989, ch. 591, § 1.
Upon the conviction of the accused, the court may, when the conviction becomes final, order any matter of advertisement, in respect whereof the accused stands convicted, and that remains in the possession or under the control of the district attorney general or any law enforcement agency to be destroyed, and the court may cause to be destroyed any such material in its possession or under its control.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-13-209 — TN Code / Title 39 / Chapter 13 / Section 39-13-209
Sentencing where violation was committed by discharging firearm from within motor vehicle and victim was minor
Status: in_force

(a) Notwithstanding this part, a person convicted of a violation of § 39-13-211 , § 39-13-212 , or § 39-13-215 shall be punished one (1) classification higher than is otherwise provided if the violation occurred as provided in subsection (b). (b) This section applies if: (1) The violation was committed by discharging a firearm from within a motor vehicle, as defined by § 55-1-103 ; and (2) The victim was a minor at the time of the violation. Added by 2019 Tenn. Acts, ch. 485,s 3, eff. 7/1/2019.
(a) Notwithstanding this part, a person convicted of a violation of § 39-13-211 , § 39-13-212 , or § 39-13-215 shall be punished one (1) classification higher than is otherwise provided if the violation occurred as provided in subsection (b).
(b) This section applies if: (1) The violation was committed by discharging a firearm from within a motor vehicle, as defined by § 55-1-103 ; and (2) The victim was a minor at the time of the violation.
(1) The violation was committed by discharging a firearm from within a motor vehicle, as defined by § 55-1-103 ; and
(2) The victim was a minor at the time of the violation.
Added by 2019 Tenn. Acts, ch. 485,s 3, eff. 7/1/2019.
Tenn. Code Ann. § 39-14-128 — TN Code / Title 39 / Chapter 14 / Section 39-14-128
Creating false impression of death
Status: in_force

(a) It is an offense for any person to intentionally and falsely create the impression that any person is deceased. (b) A violation of this section is a Class A misdemeanor. Acts 1989, ch. 591, § 1.
(a) It is an offense for any person to intentionally and falsely create the impression that any person is deceased.
(b) A violation of this section is a Class A misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-1326 — TN Code / Title 39 / Chapter 17 / Section 39-17-1326
Private right of action for intentional disclosure of information regarding firearms - Award of damages
Status: in_force

(a) This section and § 39-17-1327 are known and may be cited as the "Firearms Information Privacy Protection Act." (b) If a person intentionally discloses information that the person knows or reasonably should know was unlawfully obtained and that identifies another person as the purchaser or owner of a firearm, firearm ammunition, or firearm accessory for purposes of compiling or facilitating the compilation of a federal firearms registry or database or the confiscation of firearms, then the person disclosing the information is subject to a private right of action by the person whose information was disclosed. (c) A court may award the person whose information was disclosed and prevails in an action under this section: (1) A minimum of seventy-five thousand dollars ($75,000) in statutory damages per intentional violation of subsection (b); (2) Actual damages; (3) Punitive damages; (4) Other forms of equitable relief; and (5) Reasonable costs and attorney fees. (d) This section does not apply to information that is provided to a government entity pursuant to § 38-8-116 , § 38-8-123 , § 39-17-1315 , § 39-17-1316 , § 39-17-1351 , § 39-17-1365 , or § 39-17-1366 , federal law, or as part of a criminal investigation. Added by 2021 Tenn. Acts, ch. 540, s 1, eff. 7/1/2021.
(a) This section and § 39-17-1327 are known and may be cited as the "Firearms Information Privacy Protection Act."
(b) If a person intentionally discloses information that the person knows or reasonably should know was unlawfully obtained and that identifies another person as the purchaser or owner of a firearm, firearm ammunition, or firearm accessory for purposes of compiling or facilitating the compilation of a federal firearms registry or database or the confiscation of firearms, then the person disclosing the information is subject to a private right of action by the person whose information was disclosed.
(c) A court may award the person whose information was disclosed and prevails in an action under this section: (1) A minimum of seventy-five thousand dollars ($75,000) in statutory damages per intentional violation of subsection (b); (2) Actual damages; (3) Punitive damages; (4) Other forms of equitable relief; and (5) Reasonable costs and attorney fees.
(1) A minimum of seventy-five thousand dollars ($75,000) in statutory damages per intentional violation of subsection (b);
(2) Actual damages;
(3) Punitive damages;
(4) Other forms of equitable relief; and
(5) Reasonable costs and attorney fees.
(d) This section does not apply to information that is provided to a government entity pursuant to § 38-8-116 , § 38-8-123 , § 39-17-1315 , § 39-17-1316 , § 39-17-1351 , § 39-17-1365 , or § 39-17-1366 , federal law, or as part of a criminal investigation.
Added by 2021 Tenn. Acts, ch. 540, s 1, eff. 7/1/2021.