Tenn. Code Ann. § 39-14-150 — TN Code / Title 39 / Chapter 14 / Section 39-14-150
Identity theft victims' rights
Status: in_force

(a) This section shall be known and may be cited as the "Identity Theft Victims' Rights Act of 2004." (b) (1) A person commits the offense of identity theft who knowingly obtains, possesses, buys, or uses, the personal identifying information of another: (A) With the intent to commit any unlawful act including, but not limited to, obtaining or attempting to obtain credit, goods, services or medical information in the name of such other person; and (B) (i) Without the consent of such other person; (ii) Without the lawful authority to obtain, possess, buy or use that identifying information; or (iii) To commit a violation of § 53-11-402 or § 53-11-416 by using a prescription for a controlled substance represented as having been issued by a physician, nurse practitioner, or other health care provider. (2) For purposes of the offense of identity theft, an activity involving a possession, use or transfer that is permitted by the Tennessee Financial Records Privacy Act, compiled in title 45, chapter 10; Title V of the Gramm-Leach-Bliley Act, Pub. L. No. 106-102; or the Fair Credit Reporting Act, as amended by the Fair and Accurate Credit Transactional Act, ( 15 U.S.C. § 1681 et seq.) shall not be considered an "unlawful act". (c) (1) A person commits the offense of identity theft trafficking who knowingly sells, transfers, gives, trades, loans or delivers, or possesses with the intent to sell, transfer, give, trade, loan or deliver, the personal identifying information of another: (A) With the intent that the information be used by someone else to commit any unlawful act including, but not limited to, obtaining or attempting to obtain credit, goods, services or medical information in the name of the other person; or (B) Under circumstances such that the person should have known that the identifying information would be used by someone else to commit any unlawful act including, but not limited to, obtaining or attempting to obtain credit, goods, services or medical information in the name of the other person; and (C) The person does not have the consent of the person who is identified by the information to sell, transfer, give, trade, loan or deliver, or possess with the intent to sell, transfer, give, trade, loan or deliver, that information; and (D) The person does not have lawful authority to sell, transfer, give, trade, loan or deliver, or possess with the intent to sell, transfer, give, loan or deliver, the personal identifying information. (2) For purposes of the offense of identity theft trafficking, an activity involving a possession, use or transfer that is permitted by the Tennessee Financial Records Privacy Act; Title V of the Gramm-Leach-Bliley Act; or the Fair Credit Reporting Act, as amended by the Fair and Accurate Credit Transactional Act, shall not be considered an "unlawful act". (d) In a prosecution under subsection (c), the trier of fact may infer from the defendant's simultaneous possession of the personal identifying information of five (5) or more different individuals that the defendant possessed the personal identifying information with the intent to sell, transfer, give, trade, loan or deliver the information. However, if the defendant had the consent of one (1) or more of the individuals to possess the personal identifying information of that individual, the consenting individual shall not be counted in determining whether an inference of possession for sale may be drawn by the trier of fact. (e) As used in this section, "personal identifying information" means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including: (1) Name, social security number, date of birth, official state or government issued driver license or identification number, alien registration number, passport number, employer or taxpayer identification number; (2) Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation; (3) Unique electronic identification number, address, routing code or other personal identifying data which enables an individual to obtain merchandise or service or to otherwise financially encumber the legitimate possessor of the identifying data; (4) Telecommunication identifying information or access device; or (5) Any name, number, information, medical prescribing pad, electronic message, or form used by a physician, nurse practitioner, or other health care provider for prescribing a controlled substance. (f) (1) The general assembly recognizes that an offense under this section may result in more than one (1) victim. While a company or business that loses money, merchandise, or other things of value as a result of the offense is a victim, it is equally true that the person whose identity is stolen is also a victim. The person whose identity is stolen suffers definite and measurable losses including expenses necessary to cancel, stop payment on, or replace stolen items such as credit cards, checks, driver licenses, and other documents, costs incurred in discovering the extent of the identity theft, in repairing damage from the theft such as credit ratings and reports and preventing further damages from the theft, long distance telephone charges to law enforcement officials, government offices, and businesses in regard to the theft, and lost wages from the time away from work required to obtain new personal identifying information and complete all of the tasks set out in this subdivision (f)(1). In addition to measurable losses, the person whose identity is stolen also suffers immeasurable damages such as stress and anxiety as well as possible health problems resulting from or aggravated by the offense. (2) For the reasons set out in subdivision (f)(1), the general assembly declares that any person whose identity is unlawfully obtained in violation of subsection (b) or (c) is a victim of crime within the meaning of Article 1, § 35 of the Constitution of Tennessee and title 40, chapter 38. (g) (1) Notwithstanding any law to the contrary, if a private entity or business maintains a record that contains any of the personal identifying information set out in subdivision (g)(2) concerning one of its customers, and the entity, by law, practice or policy discards such records after a specified period of time, any record containing the personal identifying information shall not be discarded unless the business: (A) Shreds or burns the customer's record before discarding the record; (B) Erases the personal identifying information contained in the customer's record before discarding the record; (C) Modifies the customer's record to make the personal identifying information unreadable before discarding the record; or (D) Takes action to destroy the customer's personal identifying information in a manner that it reasonably believes will ensure that no unauthorized persons have access to the personal identifying information contained in the customer's record for the period of time between the record's disposal and the record's destruction. (2) As used in this subsection (g), "personal identifying information" means a customer's: (A) Social security number; (B) Driver license identification number; (C) Savings account number; (D) Checking account number; (E) PIN (personal identification number) or password; (F) Complete credit or debit card number; (G) Demand deposit account number; (H) Health insurance identification number; or (I) Unique biometric data. (3) (A) A violation of this subsection (g) shall be considered a violation of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, and may be punishable by a civil penalty in the amount of five hundred dollars ($500) for each record containing a customer's personal identifying information that is wrongfully disposed of or discarded; provided, however, that no total penalty may exceed ten thousand dollars ($10,000) for any one (1) customer. (B) It is an affirmative defense to any civil penalty imposed pursuant to this subsection (g) that the business used due diligence in its attempt to properly dispose of or discard the records. (4) The methods of destroying the personal identifying information of a customer set out in this subsection (g) shall be considered the minimum standards. If a private entity or business by law, practice or policy currently is required to have or otherwise has in place more stringent methods and procedures for destroying the personal identifying information in a customer's record than are required by this subsection (g), the private entity or business may continue to destroy the identifying information in the more stringent manner. (5) To the extent that this subsection (g) conflicts with applicable federal law, this subsection (g) shall not apply to an entity that is subject to the enforcement authority of the federal banking agencies, the national credit union administration, the federal trade commission or the securities and exchange commission. For any such entity, the applicable federal law shall govern the proper disposition of records containing consumer information, or any compilation of consumer information, derived from consumer reports for a business purpose. (6) Notwithstanding subdivision (g)(5), this subsection (g) shall not apply to any financial institution that is subject to the privacy and security provisions of the Gramm-Leach-Bliley Act, as amended, and as it existed on January 31, 2002. (h) (1) The following property shall be subject to seizure and judicial forfeiture to the state in the manner provided: (A) Any property, real or personal, directly or indirectly acquired by or received in violation of this section; (B) Any property, real or personal, received as an inducement to violate this section; (C) Any property, real or personal, traceable to the proceeds from the violation; (D) Any property, real or personal, used in connection with or to facilitate a violation of this section; and (E) All conveyances, including aircraft, vehicles or vessels, which are used, or are intended for use, in the commission of or escape from a violation of this section and any money, merchandise or other property contained in those conveyances. (2) Property seized pursuant to this subsection (h) shall be seized and forfeited pursuant to the procedure set out in chapter 11, part 7 of this title. (3) Notwithstanding § 39-11-713 , property seized pursuant to this subsection (h) shall be disposed of as follows: (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 section. The attorney general and reporter shall first be compensated for all expenses incident to the litigation, as approved by the court. Any costs for appeals shall be provided for by the trial court upon conclusion of the litigation. The attorney general and reporter 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) Out of the proceeds remaining, the court shall order restitution be made to the person or persons whose identity was stolen for any identifiable losses resulting from the offense; and (C) The court shall then award the remainder of the funds as follows: (i) In the event that the investigating and seizing agency was a state agency, then ten percent (10%) of 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 identity theft operations; (ii) In the event that the investigating and seizing agency is the Tennessee bureau of investigation, then ten (10%) of 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 identity theft operations; (iii) In the event that the investigating and seizing agency is a local public agency, then twenty-five percent (25%) of the funds shall be distributed to its local government for distribution to the law enforcement agency for use in the enforcement of this section. When more than one (1) local public agency participated in the investigation and seizure of forfeited property as certified by the attorney general and reporter, then the court shall order a distribution of ten percent (10%) of the funds according to the participation of each local public agency. Accounting procedures for the financial administration of the funds shall be in keeping with those prescribed by the comptroller of the treasury; and (iv) The remainder of the funds shall be distributed to the state treasurer who shall deposit the funds in the general fund to defray the incarceration costs associated with the offense of identity theft trafficking defined in subsection (c). (4) For purposes of this subsection (h), a "local public agency" includes any county or municipal law enforcement agency or commission, the district attorney general, or any department or agency of local government authorized by the attorney general and reporter to participate in the investigation. (5) 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. (i) (1) Identity theft as prohibited by subsection (b) is a Class D felony. (2) Identity theft trafficking as prohibited by subsection (c) is a Class C felony. (j) (1) For purposes of this subsection (j), "victim" means the person whose personal identifying information was obtained, possessed, bought or used in violation of subsection (b), or sold, transferred, given, traded, loaned, delivered or possessed in violation of subsection (c). (2) Identity theft is a continuing offense because the offense involves an unlawful taking and use of personal identifying information that remains in the lawful possession of a victim wherever the victim currently resides or is found. As provided in this section, such unlawful taking and use are elements of the offense of identity theft and occur wherever the victim resides or is found. (3) Pursuant to § 39-11-103 and subdivision (j)(2), if a victim of identity theft resides or is found in this state, an essential element of the offense is committed in this state and a defendant is subject to prosecution in this state, regardless of whether the defendant was ever actually in this state. (4) Venue for the offense of identity theft shall be in any county where an essential element of the offense was committed, including but not limited to, in any county where the victim resides or is found, regardless of whether the defendant was ever actually in such county. (k) (1) For purposes of this subsection (k): (A) "Reencoder" means an electronic device that places encoded information from the computer chip or magnetic strip or stripe of a payment card, driver license or state or local government-issued identification card, onto the computer chip or magnetic strip or stripe of a different payment card, driver license, or state or local government-issued identification card, or any other electronic medium that allows an authorized transaction to occur; and (B) "Scanning device" means a scanner, reader or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on a computer chip or magnetic strip or stripe of a payment card, driver license, or state or local government-issued identification card. (2) (A) It is an offense for a person to use a scanning device or reencoder without the permission of the holder of the card or license from which information is being scanned or reencoded with the intent to commit, aid, or abet any criminal offense. (B) It is an offense for a person who possesses any device, apparatus, equipment, software, material, good, property, or supply that is designed or adapted for use as a scanning device or reencoder with the intent to commit, aid, or abet any criminal offense. (C) A violation of this subsection (k) is a class A misdemeanor. Amended by 2014 Tenn. Acts, ch. 669, s 1, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 151, Secs.s 1, s 2 eff. 7/1/2013. Acts 1999, ch. 57, § 1; 2004, ch. 911, § 1; 2011 , ch. 299, § 1.
(a) This section shall be known and may be cited as the "Identity Theft Victims' Rights Act of 2004."
(b) (1) A person commits the offense of identity theft who knowingly obtains, possesses, buys, or uses, the personal identifying information of another: (A) With the intent to commit any unlawful act including, but not limited to, obtaining or attempting to obtain credit, goods, services or medical information in the name of such other person; and (B) (i) Without the consent of such other person; (ii) Without the lawful authority to obtain, possess, buy or use that identifying information; or (iii) To commit a violation of § 53-11-402 or § 53-11-416 by using a prescription for a controlled substance represented as having been issued by a physician, nurse practitioner, or other health care provider. (2) For purposes of the offense of identity theft, an activity involving a possession, use or transfer that is permitted by the Tennessee Financial Records Privacy Act, compiled in title 45, chapter 10; Title V of the Gramm-Leach-Bliley Act, Pub. L. No. 106-102; or the Fair Credit Reporting Act, as amended by the Fair and Accurate Credit Transactional Act, ( 15 U.S.C. § 1681 et seq.) shall not be considered an "unlawful act".
(1) A person commits the offense of identity theft who knowingly obtains, possesses, buys, or uses, the personal identifying information of another: (A) With the intent to commit any unlawful act including, but not limited to, obtaining or attempting to obtain credit, goods, services or medical information in the name of such other person; and (B) (i) Without the consent of such other person; (ii) Without the lawful authority to obtain, possess, buy or use that identifying information; or (iii) To commit a violation of § 53-11-402 or § 53-11-416 by using a prescription for a controlled substance represented as having been issued by a physician, nurse practitioner, or other health care provider.
(A) With the intent to commit any unlawful act including, but not limited to, obtaining or attempting to obtain credit, goods, services or medical information in the name of such other person; and
(B) (i) Without the consent of such other person; (ii) Without the lawful authority to obtain, possess, buy or use that identifying information; or (iii) To commit a violation of § 53-11-402 or § 53-11-416 by using a prescription for a controlled substance represented as having been issued by a physician, nurse practitioner, or other health care provider.
(i) Without the consent of such other person;
(ii) Without the lawful authority to obtain, possess, buy or use that identifying information; or
(iii) To commit a violation of § 53-11-402 or § 53-11-416 by using a prescription for a controlled substance represented as having been issued by a physician, nurse practitioner, or other health care provider.
(2) For purposes of the offense of identity theft, an activity involving a possession, use or transfer that is permitted by the Tennessee Financial Records Privacy Act, compiled in title 45, chapter 10; Title V of the Gramm-Leach-Bliley Act, Pub. L. No. 106-102; or the Fair Credit Reporting Act, as amended by the Fair and Accurate Credit Transactional Act, ( 15 U.S.C. § 1681 et seq.) shall not be considered an "unlawful act".
(c) (1) A person commits the offense of identity theft trafficking who knowingly sells, transfers, gives, trades, loans or delivers, or possesses with the intent to sell, transfer, give, trade, loan or deliver, the personal identifying information of another: (A) With the intent that the information be used by someone else to commit any unlawful act including, but not limited to, obtaining or attempting to obtain credit, goods, services or medical information in the name of the other person; or (B) Under circumstances such that the person should have known that the identifying information would be used by someone else to commit any unlawful act including, but not limited to, obtaining or attempting to obtain credit, goods, services or medical information in the name of the other person; and (C) The person does not have the consent of the person who is identified by the information to sell, transfer, give, trade, loan or deliver, or possess with the intent to sell, transfer, give, trade, loan or deliver, that information; and (D) The person does not have lawful authority to sell, transfer, give, trade, loan or deliver, or possess with the intent to sell, transfer, give, loan or deliver, the personal identifying information. (2) For purposes of the offense of identity theft trafficking, an activity involving a possession, use or transfer that is permitted by the Tennessee Financial Records Privacy Act; Title V of the Gramm-Leach-Bliley Act; or the Fair Credit Reporting Act, as amended by the Fair and Accurate Credit Transactional Act, shall not be considered an "unlawful act".
(1) A person commits the offense of identity theft trafficking who knowingly sells, transfers, gives, trades, loans or delivers, or possesses with the intent to sell, transfer, give, trade, loan or deliver, the personal identifying information of another: (A) With the intent that the information be used by someone else to commit any unlawful act including, but not limited to, obtaining or attempting to obtain credit, goods, services or medical information in the name of the other person; or (B) Under circumstances such that the person should have known that the identifying information would be used by someone else to commit any unlawful act including, but not limited to, obtaining or attempting to obtain credit, goods, services or medical information in the name of the other person; and (C) The person does not have the consent of the person who is identified by the information to sell, transfer, give, trade, loan or deliver, or possess with the intent to sell, transfer, give, trade, loan or deliver, that information; and (D) The person does not have lawful authority to sell, transfer, give, trade, loan or deliver, or possess with the intent to sell, transfer, give, loan or deliver, the personal identifying information.
(A) With the intent that the information be used by someone else to commit any unlawful act including, but not limited to, obtaining or attempting to obtain credit, goods, services or medical information in the name of the other person; or
(B) Under circumstances such that the person should have known that the identifying information would be used by someone else to commit any unlawful act including, but not limited to, obtaining or attempting to obtain credit, goods, services or medical information in the name of the other person; and
(C) The person does not have the consent of the person who is identified by the information to sell, transfer, give, trade, loan or deliver, or possess with the intent to sell, transfer, give, trade, loan or deliver, that information; and
(D) The person does not have lawful authority to sell, transfer, give, trade, loan or deliver, or possess with the intent to sell, transfer, give, loan or deliver, the personal identifying information.
(2) For purposes of the offense of identity theft trafficking, an activity involving a possession, use or transfer that is permitted by the Tennessee Financial Records Privacy Act; Title V of the Gramm-Leach-Bliley Act; or the Fair Credit Reporting Act, as amended by the Fair and Accurate Credit Transactional Act, shall not be considered an "unlawful act".
(d) In a prosecution under subsection (c), the trier of fact may infer from the defendant's simultaneous possession of the personal identifying information of five (5) or more different individuals that the defendant possessed the personal identifying information with the intent to sell, transfer, give, trade, loan or deliver the information. However, if the defendant had the consent of one (1) or more of the individuals to possess the personal identifying information of that individual, the consenting individual shall not be counted in determining whether an inference of possession for sale may be drawn by the trier of fact.
(e) As used in this section, "personal identifying information" means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including: (1) Name, social security number, date of birth, official state or government issued driver license or identification number, alien registration number, passport number, employer or taxpayer identification number; (2) Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation; (3) Unique electronic identification number, address, routing code or other personal identifying data which enables an individual to obtain merchandise or service or to otherwise financially encumber the legitimate possessor of the identifying data; (4) Telecommunication identifying information or access device; or (5) Any name, number, information, medical prescribing pad, electronic message, or form used by a physician, nurse practitioner, or other health care provider for prescribing a controlled substance.
(1) Name, social security number, date of birth, official state or government issued driver license or identification number, alien registration number, passport number, employer or taxpayer identification number;
(2) Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation;
(3) Unique electronic identification number, address, routing code or other personal identifying data which enables an individual to obtain merchandise or service or to otherwise financially encumber the legitimate possessor of the identifying data;
(4) Telecommunication identifying information or access device; or
(5) Any name, number, information, medical prescribing pad, electronic message, or form used by a physician, nurse practitioner, or other health care provider for prescribing a controlled substance.
(f) (1) The general assembly recognizes that an offense under this section may result in more than one (1) victim. While a company or business that loses money, merchandise, or other things of value as a result of the offense is a victim, it is equally true that the person whose identity is stolen is also a victim. The person whose identity is stolen suffers definite and measurable losses including expenses necessary to cancel, stop payment on, or replace stolen items such as credit cards, checks, driver licenses, and other documents, costs incurred in discovering the extent of the identity theft, in repairing damage from the theft such as credit ratings and reports and preventing further damages from the theft, long distance telephone charges to law enforcement officials, government offices, and businesses in regard to the theft, and lost wages from the time away from work required to obtain new personal identifying information and complete all of the tasks set out in this subdivision (f)(1). In addition to measurable losses, the person whose identity is stolen also suffers immeasurable damages such as stress and anxiety as well as possible health problems resulting from or aggravated by the offense. (2) For the reasons set out in subdivision (f)(1), the general assembly declares that any person whose identity is unlawfully obtained in violation of subsection (b) or (c) is a victim of crime within the meaning of Article 1, § 35 of the Constitution of Tennessee and title 40, chapter 38.
(1) The general assembly recognizes that an offense under this section may result in more than one (1) victim. While a company or business that loses money, merchandise, or other things of value as a result of the offense is a victim, it is equally true that the person whose identity is stolen is also a victim. The person whose identity is stolen suffers definite and measurable losses including expenses necessary to cancel, stop payment on, or replace stolen items such as credit cards, checks, driver licenses, and other documents, costs incurred in discovering the extent of the identity theft, in repairing damage from the theft such as credit ratings and reports and preventing further damages from the theft, long distance telephone charges to law enforcement officials, government offices, and businesses in regard to the theft, and lost wages from the time away from work required to obtain new personal identifying information and complete all of the tasks set out in this subdivision (f)(1). In addition to measurable losses, the person whose identity is stolen also suffers immeasurable damages such as stress and anxiety as well as possible health problems resulting from or aggravated by the offense.
(2) For the reasons set out in subdivision (f)(1), the general assembly declares that any person whose identity is unlawfully obtained in violation of subsection (b) or (c) is a victim of crime within the meaning of Article 1, § 35 of the Constitution of Tennessee and title 40, chapter 38.
(g) (1) Notwithstanding any law to the contrary, if a private entity or business maintains a record that contains any of the personal identifying information set out in subdivision (g)(2) concerning one of its customers, and the entity, by law, practice or policy discards such records after a specified period of time, any record containing the personal identifying information shall not be discarded unless the business: (A) Shreds or burns the customer's record before discarding the record; (B) Erases the personal identifying information contained in the customer's record before discarding the record; (C) Modifies the customer's record to make the personal identifying information unreadable before discarding the record; or (D) Takes action to destroy the customer's personal identifying information in a manner that it reasonably believes will ensure that no unauthorized persons have access to the personal identifying information contained in the customer's record for the period of time between the record's disposal and the record's destruction. (2) As used in this subsection (g), "personal identifying information" means a customer's: (A) Social security number; (B) Driver license identification number; (C) Savings account number; (D) Checking account number; (E) PIN (personal identification number) or password; (F) Complete credit or debit card number; (G) Demand deposit account number; (H) Health insurance identification number; or (I) Unique biometric data. (3) (A) A violation of this subsection (g) shall be considered a violation of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, and may be punishable by a civil penalty in the amount of five hundred dollars ($500) for each record containing a customer's personal identifying information that is wrongfully disposed of or discarded; provided, however, that no total penalty may exceed ten thousand dollars ($10,000) for any one (1) customer. (B) It is an affirmative defense to any civil penalty imposed pursuant to this subsection (g) that the business used due diligence in its attempt to properly dispose of or discard the records. (4) The methods of destroying the personal identifying information of a customer set out in this subsection (g) shall be considered the minimum standards. If a private entity or business by law, practice or policy currently is required to have or otherwise has in place more stringent methods and procedures for destroying the personal identifying information in a customer's record than are required by this subsection (g), the private entity or business may continue to destroy the identifying information in the more stringent manner. (5) To the extent that this subsection (g) conflicts with applicable federal law, this subsection (g) shall not apply to an entity that is subject to the enforcement authority of the federal banking agencies, the national credit union administration, the federal trade commission or the securities and exchange commission. For any such entity, the applicable federal law shall govern the proper disposition of records containing consumer information, or any compilation of consumer information, derived from consumer reports for a business purpose. (6) Notwithstanding subdivision (g)(5), this subsection (g) shall not apply to any financial institution that is subject to the privacy and security provisions of the Gramm-Leach-Bliley Act, as amended, and as it existed on January 31, 2002.
(1) Notwithstanding any law to the contrary, if a private entity or business maintains a record that contains any of the personal identifying information set out in subdivision (g)(2) concerning one of its customers, and the entity, by law, practice or policy discards such records after a specified period of time, any record containing the personal identifying information shall not be discarded unless the business: (A) Shreds or burns the customer's record before discarding the record; (B) Erases the personal identifying information contained in the customer's record before discarding the record; (C) Modifies the customer's record to make the personal identifying information unreadable before discarding the record; or (D) Takes action to destroy the customer's personal identifying information in a manner that it reasonably believes will ensure that no unauthorized persons have access to the personal identifying information contained in the customer's record for the period of time between the record's disposal and the record's destruction.
(A) Shreds or burns the customer's record before discarding the record;
(B) Erases the personal identifying information contained in the customer's record before discarding the record;
(C) Modifies the customer's record to make the personal identifying information unreadable before discarding the record; or
(D) Takes action to destroy the customer's personal identifying information in a manner that it reasonably believes will ensure that no unauthorized persons have access to the personal identifying information contained in the customer's record for the period of time between the record's disposal and the record's destruction.
(2) As used in this subsection (g), "personal identifying information" means a customer's: (A) Social security number; (B) Driver license identification number; (C) Savings account number; (D) Checking account number; (E) PIN (personal identification number) or password; (F) Complete credit or debit card number; (G) Demand deposit account number; (H) Health insurance identification number; or (I) Unique biometric data.
(A) Social security number;
(B) Driver license identification number;
(C) Savings account number;
(D) Checking account number;
(E) PIN (personal identification number) or password;
(F) Complete credit or debit card number;
(G) Demand deposit account number;
(H) Health insurance identification number; or
(I) Unique biometric data.
(3) (A) A violation of this subsection (g) shall be considered a violation of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, and may be punishable by a civil penalty in the amount of five hundred dollars ($500) for each record containing a customer's personal identifying information that is wrongfully disposed of or discarded; provided, however, that no total penalty may exceed ten thousand dollars ($10,000) for any one (1) customer. (B) It is an affirmative defense to any civil penalty imposed pursuant to this subsection (g) that the business used due diligence in its attempt to properly dispose of or discard the records.
(A) A violation of this subsection (g) shall be considered a violation of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, and may be punishable by a civil penalty in the amount of five hundred dollars ($500) for each record containing a customer's personal identifying information that is wrongfully disposed of or discarded; provided, however, that no total penalty may exceed ten thousand dollars ($10,000) for any one (1) customer.
(B) It is an affirmative defense to any civil penalty imposed pursuant to this subsection (g) that the business used due diligence in its attempt to properly dispose of or discard the records.
(4) The methods of destroying the personal identifying information of a customer set out in this subsection (g) shall be considered the minimum standards. If a private entity or business by law, practice or policy currently is required to have or otherwise has in place more stringent methods and procedures for destroying the personal identifying information in a customer's record than are required by this subsection (g), the private entity or business may continue to destroy the identifying information in the more stringent manner.
(5) To the extent that this subsection (g) conflicts with applicable federal law, this subsection (g) shall not apply to an entity that is subject to the enforcement authority of the federal banking agencies, the national credit union administration, the federal trade commission or the securities and exchange commission. For any such entity, the applicable federal law shall govern the proper disposition of records containing consumer information, or any compilation of consumer information, derived from consumer reports for a business purpose.
(6) Notwithstanding subdivision (g)(5), this subsection (g) shall not apply to any financial institution that is subject to the privacy and security provisions of the Gramm-Leach-Bliley Act, as amended, and as it existed on January 31, 2002.
(h) (1) The following property shall be subject to seizure and judicial forfeiture to the state in the manner provided: (A) Any property, real or personal, directly or indirectly acquired by or received in violation of this section; (B) Any property, real or personal, received as an inducement to violate this section; (C) Any property, real or personal, traceable to the proceeds from the violation; (D) Any property, real or personal, used in connection with or to facilitate a violation of this section; and (E) All conveyances, including aircraft, vehicles or vessels, which are used, or are intended for use, in the commission of or escape from a violation of this section and any money, merchandise or other property contained in those conveyances. (2) Property seized pursuant to this subsection (h) shall be seized and forfeited pursuant to the procedure set out in chapter 11, part 7 of this title. (3) Notwithstanding § 39-11-713 , property seized pursuant to this subsection (h) shall be disposed of as follows: (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 section. The attorney general and reporter shall first be compensated for all expenses incident to the litigation, as approved by the court. Any costs for appeals shall be provided for by the trial court upon conclusion of the litigation. The attorney general and reporter 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) Out of the proceeds remaining, the court shall order restitution be made to the person or persons whose identity was stolen for any identifiable losses resulting from the offense; and (C) The court shall then award the remainder of the funds as follows: (i) In the event that the investigating and seizing agency was a state agency, then ten percent (10%) of 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 identity theft operations; (ii) In the event that the investigating and seizing agency is the Tennessee bureau of investigation, then ten (10%) of 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 identity theft operations; (iii) In the event that the investigating and seizing agency is a local public agency, then twenty-five percent (25%) of the funds shall be distributed to its local government for distribution to the law enforcement agency for use in the enforcement of this section. When more than one (1) local public agency participated in the investigation and seizure of forfeited property as certified by the attorney general and reporter, then the court shall order a distribution of ten percent (10%) of the funds according to the participation of each local public agency. Accounting procedures for the financial administration of the funds shall be in keeping with those prescribed by the comptroller of the treasury; and (iv) The remainder of the funds shall be distributed to the state treasurer who shall deposit the funds in the general fund to defray the incarceration costs associated with the offense of identity theft trafficking defined in subsection (c). (4) For purposes of this subsection (h), a "local public agency" includes any county or municipal law enforcement agency or commission, the district attorney general, or any department or agency of local government authorized by the attorney general and reporter to participate in the investigation. (5) 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.
(1) The following property shall be subject to seizure and judicial forfeiture to the state in the manner provided: (A) Any property, real or personal, directly or indirectly acquired by or received in violation of this section; (B) Any property, real or personal, received as an inducement to violate this section; (C) Any property, real or personal, traceable to the proceeds from the violation; (D) Any property, real or personal, used in connection with or to facilitate a violation of this section; and (E) All conveyances, including aircraft, vehicles or vessels, which are used, or are intended for use, in the commission of or escape from a violation of this section and any money, merchandise or other property contained in those conveyances.
(A) Any property, real or personal, directly or indirectly acquired by or received in violation of this section;
(B) Any property, real or personal, received as an inducement to violate this section;
(C) Any property, real or personal, traceable to the proceeds from the violation;
(D) Any property, real or personal, used in connection with or to facilitate a violation of this section; and
(E) All conveyances, including aircraft, vehicles or vessels, which are used, or are intended for use, in the commission of or escape from a violation of this section and any money, merchandise or other property contained in those conveyances.
(2) Property seized pursuant to this subsection (h) shall be seized and forfeited pursuant to the procedure set out in chapter 11, part 7 of this title.
(3) Notwithstanding § 39-11-713 , property seized pursuant to this subsection (h) shall be disposed of as follows: (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 section. The attorney general and reporter shall first be compensated for all expenses incident to the litigation, as approved by the court. Any costs for appeals shall be provided for by the trial court upon conclusion of the litigation. The attorney general and reporter 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) Out of the proceeds remaining, the court shall order restitution be made to the person or persons whose identity was stolen for any identifiable losses resulting from the offense; and (C) The court shall then award the remainder of the funds as follows: (i) In the event that the investigating and seizing agency was a state agency, then ten percent (10%) of 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 identity theft operations; (ii) In the event that the investigating and seizing agency is the Tennessee bureau of investigation, then ten (10%) of 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 identity theft operations; (iii) In the event that the investigating and seizing agency is a local public agency, then twenty-five percent (25%) of the funds shall be distributed to its local government for distribution to the law enforcement agency for use in the enforcement of this section. When more than one (1) local public agency participated in the investigation and seizure of forfeited property as certified by the attorney general and reporter, then the court shall order a distribution of ten percent (10%) of the funds according to the participation of each local public agency. Accounting procedures for the financial administration of the funds shall be in keeping with those prescribed by the comptroller of the treasury; and (iv) The remainder of the funds shall be distributed to the state treasurer who shall deposit the funds in the general fund to defray the incarceration costs associated with the offense of identity theft trafficking defined in subsection (c).
(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 section. The attorney general and reporter shall first be compensated for all expenses incident to the litigation, as approved by the court. Any costs for appeals shall be provided for by the trial court upon conclusion of the litigation. The attorney general and reporter 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) Out of the proceeds remaining, the court shall order restitution be made to the person or persons whose identity was stolen for any identifiable losses resulting from the offense; and
(C) The court shall then award the remainder of the funds as follows: (i) In the event that the investigating and seizing agency was a state agency, then ten percent (10%) of 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 identity theft operations; (ii) In the event that the investigating and seizing agency is the Tennessee bureau of investigation, then ten (10%) of 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 identity theft operations; (iii) In the event that the investigating and seizing agency is a local public agency, then twenty-five percent (25%) of the funds shall be distributed to its local government for distribution to the law enforcement agency for use in the enforcement of this section. When more than one (1) local public agency participated in the investigation and seizure of forfeited property as certified by the attorney general and reporter, then the court shall order a distribution of ten percent (10%) of the funds according to the participation of each local public agency. Accounting procedures for the financial administration of the funds shall be in keeping with those prescribed by the comptroller of the treasury; and (iv) The remainder of the funds shall be distributed to the state treasurer who shall deposit the funds in the general fund to defray the incarceration costs associated with the offense of identity theft trafficking defined in subsection (c).
(i) In the event that the investigating and seizing agency was a state agency, then ten percent (10%) of 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 identity theft operations;
(ii) In the event that the investigating and seizing agency is the Tennessee bureau of investigation, then ten (10%) of 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 identity theft operations;
(iii) In the event that the investigating and seizing agency is a local public agency, then twenty-five percent (25%) of the funds shall be distributed to its local government for distribution to the law enforcement agency for use in the enforcement of this section. When more than one (1) local public agency participated in the investigation and seizure of forfeited property as certified by the attorney general and reporter, then the court shall order a distribution of ten percent (10%) of the funds according to the participation of each local public agency. Accounting procedures for the financial administration of the funds shall be in keeping with those prescribed by the comptroller of the treasury; and
(iv) The remainder of the funds shall be distributed to the state treasurer who shall deposit the funds in the general fund to defray the incarceration costs associated with the offense of identity theft trafficking defined in subsection (c).
(4) For purposes of this subsection (h), a "local public agency" includes any county or municipal law enforcement agency or commission, the district attorney general, or any department or agency of local government authorized by the attorney general and reporter to participate in the investigation.
(5) 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.
(i) (1) Identity theft as prohibited by subsection (b) is a Class D felony. (2) Identity theft trafficking as prohibited by subsection (c) is a Class C felony.
(1) Identity theft as prohibited by subsection (b) is a Class D felony.
(2) Identity theft trafficking as prohibited by subsection (c) is a Class C felony.
(j) (1) For purposes of this subsection (j), "victim" means the person whose personal identifying information was obtained, possessed, bought or used in violation of subsection (b), or sold, transferred, given, traded, loaned, delivered or possessed in violation of subsection (c). (2) Identity theft is a continuing offense because the offense involves an unlawful taking and use of personal identifying information that remains in the lawful possession of a victim wherever the victim currently resides or is found. As provided in this section, such unlawful taking and use are elements of the offense of identity theft and occur wherever the victim resides or is found. (3) Pursuant to § 39-11-103 and subdivision (j)(2), if a victim of identity theft resides or is found in this state, an essential element of the offense is committed in this state and a defendant is subject to prosecution in this state, regardless of whether the defendant was ever actually in this state. (4) Venue for the offense of identity theft shall be in any county where an essential element of the offense was committed, including but not limited to, in any county where the victim resides or is found, regardless of whether the defendant was ever actually in such county.
(1) For purposes of this subsection (j), "victim" means the person whose personal identifying information was obtained, possessed, bought or used in violation of subsection (b), or sold, transferred, given, traded, loaned, delivered or possessed in violation of subsection (c).
(2) Identity theft is a continuing offense because the offense involves an unlawful taking and use of personal identifying information that remains in the lawful possession of a victim wherever the victim currently resides or is found. As provided in this section, such unlawful taking and use are elements of the offense of identity theft and occur wherever the victim resides or is found.
(3) Pursuant to § 39-11-103 and subdivision (j)(2), if a victim of identity theft resides or is found in this state, an essential element of the offense is committed in this state and a defendant is subject to prosecution in this state, regardless of whether the defendant was ever actually in this state.
(4) Venue for the offense of identity theft shall be in any county where an essential element of the offense was committed, including but not limited to, in any county where the victim resides or is found, regardless of whether the defendant was ever actually in such county.
(k) (1) For purposes of this subsection (k): (A) "Reencoder" means an electronic device that places encoded information from the computer chip or magnetic strip or stripe of a payment card, driver license or state or local government-issued identification card, onto the computer chip or magnetic strip or stripe of a different payment card, driver license, or state or local government-issued identification card, or any other electronic medium that allows an authorized transaction to occur; and (B) "Scanning device" means a scanner, reader or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on a computer chip or magnetic strip or stripe of a payment card, driver license, or state or local government-issued identification card. (2) (A) It is an offense for a person to use a scanning device or reencoder without the permission of the holder of the card or license from which information is being scanned or reencoded with the intent to commit, aid, or abet any criminal offense. (B) It is an offense for a person who possesses any device, apparatus, equipment, software, material, good, property, or supply that is designed or adapted for use as a scanning device or reencoder with the intent to commit, aid, or abet any criminal offense. (C) A violation of this subsection (k) is a class A misdemeanor.
(1) For purposes of this subsection (k): (A) "Reencoder" means an electronic device that places encoded information from the computer chip or magnetic strip or stripe of a payment card, driver license or state or local government-issued identification card, onto the computer chip or magnetic strip or stripe of a different payment card, driver license, or state or local government-issued identification card, or any other electronic medium that allows an authorized transaction to occur; and (B) "Scanning device" means a scanner, reader or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on a computer chip or magnetic strip or stripe of a payment card, driver license, or state or local government-issued identification card.
(A) "Reencoder" means an electronic device that places encoded information from the computer chip or magnetic strip or stripe of a payment card, driver license or state or local government-issued identification card, onto the computer chip or magnetic strip or stripe of a different payment card, driver license, or state or local government-issued identification card, or any other electronic medium that allows an authorized transaction to occur; and
(B) "Scanning device" means a scanner, reader or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on a computer chip or magnetic strip or stripe of a payment card, driver license, or state or local government-issued identification card.
(2) (A) It is an offense for a person to use a scanning device or reencoder without the permission of the holder of the card or license from which information is being scanned or reencoded with the intent to commit, aid, or abet any criminal offense. (B) It is an offense for a person who possesses any device, apparatus, equipment, software, material, good, property, or supply that is designed or adapted for use as a scanning device or reencoder with the intent to commit, aid, or abet any criminal offense. (C) A violation of this subsection (k) is a class A misdemeanor.
(A) It is an offense for a person to use a scanning device or reencoder without the permission of the holder of the card or license from which information is being scanned or reencoded with the intent to commit, aid, or abet any criminal offense.
(B) It is an offense for a person who possesses any device, apparatus, equipment, software, material, good, property, or supply that is designed or adapted for use as a scanning device or reencoder with the intent to commit, aid, or abet any criminal offense.
(C) A violation of this subsection (k) is a class A misdemeanor.
Amended by 2014 Tenn. Acts, ch. 669, s 1, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 151, Secs.s 1, s 2 eff. 7/1/2013.
Acts 1999, ch. 57, § 1; 2004, ch. 911, § 1; 2011 , ch. 299, § 1.
Tenn. Code Ann. § 39-13-207 — TN Code / Title 39 / Chapter 13 / Section 39-13-207
[Effective until contingency met; see version effective when contingency met and Compiler's Notes.] Sentencing where death penalty is not sought
Status: in_force

(a) (1) In any first degree murder case as described in § 39-13-202(c)(1) or rape of a child in which the state does not seek the death penalty, but is seeking imprisonment for life without possibility of parole as the maximum punishment, should the jury find the defendant guilty of first degree murder, the jury shall fix the punishment in a separate sentencing proceeding, to determine whether the defendant shall be sentenced to imprisonment for life without possibility of parole or imprisonment for life. The sentencing proceeding shall be conducted in accordance with § 39-13-204 , excluding references to the death penalty. (2) In a case of first degree murder as described in § 39-13-202(c)(2) or aggravated rape of a child in which the state does not seek the death penalty, if the jury finds the defendant guilty, then a sentencing hearing shall not be conducted as required by § 39-13-204, and the judge shall sentence the defendant to imprisonment for life without the possibility of parole. (b) If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(1) and the jury unanimously determines that no statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, as set forth in § 39-13-204(i) , the jury shall return its verdict to the judge on the form described in § 39-13-204(f)(1) , and the court shall sentence the defendant to imprisonment for life. (c) Except as provided in § 39-13-204(f)(2)(B) , if the jury unanimously determines that the state has proven beyond a reasonable doubt one (1) or more of the statutory aggravating circumstances set forth in § 39-13-204(i) , the jury shall, in its considered discretion, sentence the defendant either to imprisonment for life without possibility of parole or to imprisonment for life. (d) The jury shall be instructed that, in imposing sentence, it shall weigh and consider the statutory aggravating circumstance or circumstances proven by the state beyond a reasonable doubt and any mitigating circumstance or circumstances. (e) The jury shall then return its verdict to the judge upon a form provided by the court, which may appear substantially as follows: Click here to view form. (f) If the jury cannot ultimately agree as to punishment, the judge shall dismiss the jury and the judge shall impose a sentence of imprisonment for life. The judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on the effect of the jury's failure to agree on a punishment. (g) When a defendant has been sentenced to imprisonment for life without possibility of parole, the defendant may appeal the sentence to the Tennessee court of criminal appeals. The court of criminal appeals shall first consider any errors assigned and then the court shall review the appropriateness of the sentence. Except as provided in § 39-13-204(f)(2)(B) , a sentence of imprisonment for life without possibility of parole shall be considered appropriate if the state proved beyond a reasonable doubt at least one (1) statutory aggravating circumstance contained in § 39-13-204(i) , and the sentence was not otherwise imposed arbitrarily, so as to constitute a gross abuse of the jury's discretion. Amended by 2024 Tenn. Acts, ch. 951,s 23, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 951,s 26, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 951,s 24, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 528, Secs.s 15, s 16, s 17, s 18 eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 528, s 14, eff. 7/1/2021. Acts 1993, ch. 473, § 7. This section is set out more than once due to postponed, multiple, or conflicting amendments.
(a) (1) In any first degree murder case as described in § 39-13-202(c)(1) or rape of a child in which the state does not seek the death penalty, but is seeking imprisonment for life without possibility of parole as the maximum punishment, should the jury find the defendant guilty of first degree murder, the jury shall fix the punishment in a separate sentencing proceeding, to determine whether the defendant shall be sentenced to imprisonment for life without possibility of parole or imprisonment for life. The sentencing proceeding shall be conducted in accordance with § 39-13-204 , excluding references to the death penalty. (2) In a case of first degree murder as described in § 39-13-202(c)(2) or aggravated rape of a child in which the state does not seek the death penalty, if the jury finds the defendant guilty, then a sentencing hearing shall not be conducted as required by § 39-13-204, and the judge shall sentence the defendant to imprisonment for life without the possibility of parole.
(1) In any first degree murder case as described in § 39-13-202(c)(1) or rape of a child in which the state does not seek the death penalty, but is seeking imprisonment for life without possibility of parole as the maximum punishment, should the jury find the defendant guilty of first degree murder, the jury shall fix the punishment in a separate sentencing proceeding, to determine whether the defendant shall be sentenced to imprisonment for life without possibility of parole or imprisonment for life. The sentencing proceeding shall be conducted in accordance with § 39-13-204 , excluding references to the death penalty.
(2) In a case of first degree murder as described in § 39-13-202(c)(2) or aggravated rape of a child in which the state does not seek the death penalty, if the jury finds the defendant guilty, then a sentencing hearing shall not be conducted as required by § 39-13-204, and the judge shall sentence the defendant to imprisonment for life without the possibility of parole.
(b) If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(1) and the jury unanimously determines that no statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, as set forth in § 39-13-204(i) , the jury shall return its verdict to the judge on the form described in § 39-13-204(f)(1) , and the court shall sentence the defendant to imprisonment for life.
(c) Except as provided in § 39-13-204(f)(2)(B) , if the jury unanimously determines that the state has proven beyond a reasonable doubt one (1) or more of the statutory aggravating circumstances set forth in § 39-13-204(i) , the jury shall, in its considered discretion, sentence the defendant either to imprisonment for life without possibility of parole or to imprisonment for life.
(d) The jury shall be instructed that, in imposing sentence, it shall weigh and consider the statutory aggravating circumstance or circumstances proven by the state beyond a reasonable doubt and any mitigating circumstance or circumstances.
(e) The jury shall then return its verdict to the judge upon a form provided by the court, which may appear substantially as follows: Click here to view form.
Click here to view form.
(f) If the jury cannot ultimately agree as to punishment, the judge shall dismiss the jury and the judge shall impose a sentence of imprisonment for life. The judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on the effect of the jury's failure to agree on a punishment.
(g) When a defendant has been sentenced to imprisonment for life without possibility of parole, the defendant may appeal the sentence to the Tennessee court of criminal appeals. The court of criminal appeals shall first consider any errors assigned and then the court shall review the appropriateness of the sentence. Except as provided in § 39-13-204(f)(2)(B) , a sentence of imprisonment for life without possibility of parole shall be considered appropriate if the state proved beyond a reasonable doubt at least one (1) statutory aggravating circumstance contained in § 39-13-204(i) , and the sentence was not otherwise imposed arbitrarily, so as to constitute a gross abuse of the jury's discretion.
Amended by 2024 Tenn. Acts, ch. 951,s 23, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 951,s 26, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 951,s 24, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 528, Secs.s 15, s 16, s 17, s 18 eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 528, s 14, eff. 7/1/2021.
Acts 1993, ch. 473, § 7.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
13_207_1 - Attachment
Tenn. Code Ann. § 39-17-315 — TN Code / Title 39 / Chapter 17 / Section 39-17-315
Stalking, aggravated stalking, and especially aggravated stalking
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Course of conduct": (A) Means a pattern of conduct composed of a series of two (2) or more separate, noncontinuous acts evidencing a continuity of purpose, including, but not limited to, acts in which the defendant directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to a person, or interferes with a person's property; (B) Notwithstanding subdivision (a)(1)(A), includes one (1) instance of placing an electronic tracking device, without the consent of a person, on the person or in or on the person's property; and (C) Does not include the installing, concealing, or placing of an electronic tracking device by or at the direction of a law enforcement officer in furtherance of a criminal investigation that is carried out in accordance with applicable state or federal law; (2) "Emotional distress" means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling; (3) "Harassment": (A) Means: (i) Conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact; (ii) The conduct is committed with reckless disregard for whether the victim will suffer emotional distress as a result of the conduct; and (iii) The victim suffers emotional distress as a result of the conduct; and (B) Does not include constitutionally protected activity or conduct that serves a legitimate purpose; (4) "Stalking" means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested; (5) "Unconsented contact" means any contact with another person that is initiated or continued without that person's consent, or in disregard of that person's expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following: (A) Following or appearing within the sight of that person; (B) Approaching or confronting that person in a public place or on private property; (C) Appearing at that person's workplace or residence; (D) Entering onto or remaining on property owned, leased, or occupied by that person; (E) Contacting that person by telephone; (F) Sending to that person mail or any electronic communications, including, but not limited to, electronic mail, text messages, or any other type of electronic message sent using the internet, websites, or a social media platform; or (G) Placing an object on, or delivering an object to, property owned, leased, or occupied by that person; and (6) "Victim" means an individual who is the target of a willful course of conduct involving repeated or continuing harassment. (b) (1) A person commits an offense who intentionally engages in stalking. (2) Stalking is a Class A misdemeanor. (3) Stalking is a Class E felony if the defendant, at the time of the offense, was required to or was registered with the Tennessee bureau of investigation as a sexual offender, violent sexual offender or violent juvenile sexual offender, as defined in § 40-39-202 . (c) (1) A person commits aggravated stalking who commits the offense of stalking as prohibited by subsection (b), and: (A) In the course and furtherance of stalking, displays a deadly weapon; (B) (i) The victim of the offense was less than eighteen (18) years of age at any time during the person's course of conduct, and the person is five (5) or more years older than the victim; or (ii) The victim of the offense was sixty-five (65) years of age or older at any time during the person's course of conduct; (C) Has previously been convicted of stalking within seven (7) years of the instant offense; (D) Makes a credible threat to the victim, the victim's child, sibling, spouse, parent or dependents with the intent to place any such person in reasonable fear of death or bodily injury; or (E) At the time of the offense, was prohibited from making contact with the victim under a restraining order or injunction for protection, an order of protection, or any other court-imposed prohibition of conduct toward the victim or the victim's property, and the person knowingly violates the injunction, order or court-imposed prohibition. (2) Aggravated stalking is a Class E felony. (d) (1) A person commits especially aggravated stalking who: (A) Commits the offense of stalking or aggravated stalking, and has previously been convicted of stalking or aggravated stalking involving the same victim of the instant offense; (B) Commits the offense of aggravated stalking, and intentionally or recklessly causes serious bodily injury to the victim of the offense or to the victim's child, sibling, spouse, parent or dependent; or (C) Commits the offense of stalking or aggravated stalking, the person is eighteen (18) years of age or older, and the victim of the offense was less than twelve (12) years of age at any time during the person's course of conduct. (2) Especially aggravated stalking is a Class C felony. (e) Notwithstanding any other law, if the court grants probation to a person convicted of stalking, aggravated stalking or especially aggravated stalking, the court may keep the person on probation for a period not to exceed the maximum punishment for the appropriate classification of offense. Regardless of whether a term of probation is ordered, the court may, in addition to any other punishment otherwise authorized by law, order the defendant to do the following: (1) Refrain from stalking any individual during the term of probation; (2) Refrain from having any contact with the victim of the offense or the victim's child, sibling, spouse, parent or dependent; (3) Be evaluated to determine the need for psychiatric, psychological, or social counseling, and, if determined appropriate by the court, to receive psychiatric, psychological or social counseling at the defendant's own expense; (4) If, as the result of such treatment or otherwise, the defendant is required to take medication, order that the defendant submit to drug testing or some other method by which the court can monitor whether the defendant is taking the required medication; and (5) Submit to the use of an electronic tracking device, with the cost of the device and monitoring the defendant's whereabouts, to be paid by the defendant. (f) In a prosecution for a violation of this section, evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact with the victim after having been requested by the victim to discontinue the conduct or a different form of unconsented contact, and to refrain from any further unconsented contact with the victim, is prima facie evidence that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested. (g) (1) If a person is convicted of aggravated or especially aggravated stalking, or another felony offense arising out of a charge based on this section, the court may order an independent professional mental health assessment of the defendant's need for mental health treatment. The court may waive the assessment, if an adequate assessment was conducted prior to the conviction. (2) If the assessment indicates that the defendant is in need of and amenable to mental health treatment, the court may include in the sentence a requirement that the offender undergo treatment, and that the drug intake of the defendant be monitored in the manner best suited to the particular situation. Monitoring may include periodic determinations as to whether the defendant is ingesting any illegal controlled substances or controlled substance analogues, as well as determinations as to whether the defendant is complying with any required or recommended course of treatment that includes the taking of medications. (3) The court shall order the offender to pay the costs of assessment under this subsection (g), unless the offender is indigent under § 40-14-202 . (h) Any person who reasonably believes they are a victim of an offense under this section, regardless of whether the alleged perpetrator has been arrested, charged or convicted of a stalking-related offense, shall be entitled to seek and obtain an order of protection in the same manner, and under the same circumstances, as is provided for victims of domestic abuse by title 36, chapter 3, part 6. (i) When a person is charged and arrested for the offense of stalking, aggravated stalking or especially aggravated stalking, the arresting law enforcement officer shall inform the victim that the person arrested may be eligible to post bail for the offense and to be released until the date of trial for the offense. (j) If a law enforcement officer or district attorney general believes that the life of a possible victim of stalking is in immediate danger, unless and until sufficient evidence can be processed linking a particular person to the offense, the district attorney general may petition the judge of a court of record having criminal jurisdiction in that district to enter an order expediting the processing of any evidence in a particular stalking case. If, after hearing the petition, the court is of the opinion that the life of the victim may be in immediate danger if the alleged perpetrator is not apprehended, the court may enter such an order, directed to the Tennessee bureau of investigation, or any other agency or laboratory that may be in the process of analyzing evidence for that particular investigation. (k) (1) For purposes of determining if a course of conduct amounting to stalking is a single offense or multiple offenses, the occurrence of any of the following events breaks the continuous course of conduct, with respect to the same victim, that constitutes the offense: (A) The defendant is arrested and charged with stalking, aggravated stalking or especially aggravated stalking; (B) The defendant is found by a court of competent jurisdiction to have violated an order of protection issued to prohibit the defendant from engaging in the conduct of stalking; or (C) The defendant is convicted of the offense of stalking, aggravated stalking or especially aggravated stalking. (2) If a continuing course of conduct amounting to stalking engaged in by a defendant against the same victim is broken by any of the events set out in subdivision (k)(1), any such conduct that occurs after that event commences a new and separate offense. (l) Stalking may be prosecuted pursuant to § 39-11-103(d) . (m) This section does not prohibit prosecution and conviction under another criminal statute. Amended by 2024 Tenn. Acts, ch. 682,s 1, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 349, s 2, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 349, s 1, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 413, s 1, eff. 7/1/2023. Amended by 2018 Tenn. Acts, ch. 975, s 1, eff. 5/21/2018. Amended by 2016 Tenn. Acts, ch. 969, Secs.s 2, s 3 eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 969, s 1, eff. 7/1/2016. Acts 1992, ch. 795, § 1; 1993, ch. 435, § 1; 1995, ch. 378, § 1; 2005, ch. 482, § 1; 2012 , ch. 848, § 17; 2012, ch. 1076, § 2.
(a) As used in this section, unless the context otherwise requires: (1) "Course of conduct": (A) Means a pattern of conduct composed of a series of two (2) or more separate, noncontinuous acts evidencing a continuity of purpose, including, but not limited to, acts in which the defendant directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to a person, or interferes with a person's property; (B) Notwithstanding subdivision (a)(1)(A), includes one (1) instance of placing an electronic tracking device, without the consent of a person, on the person or in or on the person's property; and (C) Does not include the installing, concealing, or placing of an electronic tracking device by or at the direction of a law enforcement officer in furtherance of a criminal investigation that is carried out in accordance with applicable state or federal law; (2) "Emotional distress" means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling; (3) "Harassment": (A) Means: (i) Conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact; (ii) The conduct is committed with reckless disregard for whether the victim will suffer emotional distress as a result of the conduct; and (iii) The victim suffers emotional distress as a result of the conduct; and (B) Does not include constitutionally protected activity or conduct that serves a legitimate purpose; (4) "Stalking" means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested; (5) "Unconsented contact" means any contact with another person that is initiated or continued without that person's consent, or in disregard of that person's expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following: (A) Following or appearing within the sight of that person; (B) Approaching or confronting that person in a public place or on private property; (C) Appearing at that person's workplace or residence; (D) Entering onto or remaining on property owned, leased, or occupied by that person; (E) Contacting that person by telephone; (F) Sending to that person mail or any electronic communications, including, but not limited to, electronic mail, text messages, or any other type of electronic message sent using the internet, websites, or a social media platform; or (G) Placing an object on, or delivering an object to, property owned, leased, or occupied by that person; and (6) "Victim" means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.
(1) "Course of conduct": (A) Means a pattern of conduct composed of a series of two (2) or more separate, noncontinuous acts evidencing a continuity of purpose, including, but not limited to, acts in which the defendant directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to a person, or interferes with a person's property; (B) Notwithstanding subdivision (a)(1)(A), includes one (1) instance of placing an electronic tracking device, without the consent of a person, on the person or in or on the person's property; and (C) Does not include the installing, concealing, or placing of an electronic tracking device by or at the direction of a law enforcement officer in furtherance of a criminal investigation that is carried out in accordance with applicable state or federal law;
(A) Means a pattern of conduct composed of a series of two (2) or more separate, noncontinuous acts evidencing a continuity of purpose, including, but not limited to, acts in which the defendant directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to a person, or interferes with a person's property;
(B) Notwithstanding subdivision (a)(1)(A), includes one (1) instance of placing an electronic tracking device, without the consent of a person, on the person or in or on the person's property; and
(C) Does not include the installing, concealing, or placing of an electronic tracking device by or at the direction of a law enforcement officer in furtherance of a criminal investigation that is carried out in accordance with applicable state or federal law;
(2) "Emotional distress" means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling;
(3) "Harassment": (A) Means: (i) Conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact; (ii) The conduct is committed with reckless disregard for whether the victim will suffer emotional distress as a result of the conduct; and (iii) The victim suffers emotional distress as a result of the conduct; and (B) Does not include constitutionally protected activity or conduct that serves a legitimate purpose;
(A) Means: (i) Conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact; (ii) The conduct is committed with reckless disregard for whether the victim will suffer emotional distress as a result of the conduct; and (iii) The victim suffers emotional distress as a result of the conduct; and
(i) Conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact;
(ii) The conduct is committed with reckless disregard for whether the victim will suffer emotional distress as a result of the conduct; and
(iii) The victim suffers emotional distress as a result of the conduct; and
(B) Does not include constitutionally protected activity or conduct that serves a legitimate purpose;
(4) "Stalking" means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested;
(5) "Unconsented contact" means any contact with another person that is initiated or continued without that person's consent, or in disregard of that person's expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following: (A) Following or appearing within the sight of that person; (B) Approaching or confronting that person in a public place or on private property; (C) Appearing at that person's workplace or residence; (D) Entering onto or remaining on property owned, leased, or occupied by that person; (E) Contacting that person by telephone; (F) Sending to that person mail or any electronic communications, including, but not limited to, electronic mail, text messages, or any other type of electronic message sent using the internet, websites, or a social media platform; or (G) Placing an object on, or delivering an object to, property owned, leased, or occupied by that person; and
(A) Following or appearing within the sight of that person;
(B) Approaching or confronting that person in a public place or on private property;
(C) Appearing at that person's workplace or residence;
(D) Entering onto or remaining on property owned, leased, or occupied by that person;
(E) Contacting that person by telephone;
(F) Sending to that person mail or any electronic communications, including, but not limited to, electronic mail, text messages, or any other type of electronic message sent using the internet, websites, or a social media platform; or
(G) Placing an object on, or delivering an object to, property owned, leased, or occupied by that person; and
(6) "Victim" means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.
(b) (1) A person commits an offense who intentionally engages in stalking. (2) Stalking is a Class A misdemeanor. (3) Stalking is a Class E felony if the defendant, at the time of the offense, was required to or was registered with the Tennessee bureau of investigation as a sexual offender, violent sexual offender or violent juvenile sexual offender, as defined in § 40-39-202 .
(1) A person commits an offense who intentionally engages in stalking.
(2) Stalking is a Class A misdemeanor.
(3) Stalking is a Class E felony if the defendant, at the time of the offense, was required to or was registered with the Tennessee bureau of investigation as a sexual offender, violent sexual offender or violent juvenile sexual offender, as defined in § 40-39-202 .
(c) (1) A person commits aggravated stalking who commits the offense of stalking as prohibited by subsection (b), and: (A) In the course and furtherance of stalking, displays a deadly weapon; (B) (i) The victim of the offense was less than eighteen (18) years of age at any time during the person's course of conduct, and the person is five (5) or more years older than the victim; or (ii) The victim of the offense was sixty-five (65) years of age or older at any time during the person's course of conduct; (C) Has previously been convicted of stalking within seven (7) years of the instant offense; (D) Makes a credible threat to the victim, the victim's child, sibling, spouse, parent or dependents with the intent to place any such person in reasonable fear of death or bodily injury; or (E) At the time of the offense, was prohibited from making contact with the victim under a restraining order or injunction for protection, an order of protection, or any other court-imposed prohibition of conduct toward the victim or the victim's property, and the person knowingly violates the injunction, order or court-imposed prohibition. (2) Aggravated stalking is a Class E felony.
(1) A person commits aggravated stalking who commits the offense of stalking as prohibited by subsection (b), and: (A) In the course and furtherance of stalking, displays a deadly weapon; (B) (i) The victim of the offense was less than eighteen (18) years of age at any time during the person's course of conduct, and the person is five (5) or more years older than the victim; or (ii) The victim of the offense was sixty-five (65) years of age or older at any time during the person's course of conduct; (C) Has previously been convicted of stalking within seven (7) years of the instant offense; (D) Makes a credible threat to the victim, the victim's child, sibling, spouse, parent or dependents with the intent to place any such person in reasonable fear of death or bodily injury; or (E) At the time of the offense, was prohibited from making contact with the victim under a restraining order or injunction for protection, an order of protection, or any other court-imposed prohibition of conduct toward the victim or the victim's property, and the person knowingly violates the injunction, order or court-imposed prohibition.
(A) In the course and furtherance of stalking, displays a deadly weapon;
(B) (i) The victim of the offense was less than eighteen (18) years of age at any time during the person's course of conduct, and the person is five (5) or more years older than the victim; or (ii) The victim of the offense was sixty-five (65) years of age or older at any time during the person's course of conduct;
(i) The victim of the offense was less than eighteen (18) years of age at any time during the person's course of conduct, and the person is five (5) or more years older than the victim; or
(ii) The victim of the offense was sixty-five (65) years of age or older at any time during the person's course of conduct;
(C) Has previously been convicted of stalking within seven (7) years of the instant offense;
(D) Makes a credible threat to the victim, the victim's child, sibling, spouse, parent or dependents with the intent to place any such person in reasonable fear of death or bodily injury; or
(E) At the time of the offense, was prohibited from making contact with the victim under a restraining order or injunction for protection, an order of protection, or any other court-imposed prohibition of conduct toward the victim or the victim's property, and the person knowingly violates the injunction, order or court-imposed prohibition.
(2) Aggravated stalking is a Class E felony.
(d) (1) A person commits especially aggravated stalking who: (A) Commits the offense of stalking or aggravated stalking, and has previously been convicted of stalking or aggravated stalking involving the same victim of the instant offense; (B) Commits the offense of aggravated stalking, and intentionally or recklessly causes serious bodily injury to the victim of the offense or to the victim's child, sibling, spouse, parent or dependent; or (C) Commits the offense of stalking or aggravated stalking, the person is eighteen (18) years of age or older, and the victim of the offense was less than twelve (12) years of age at any time during the person's course of conduct. (2) Especially aggravated stalking is a Class C felony.
(1) A person commits especially aggravated stalking who: (A) Commits the offense of stalking or aggravated stalking, and has previously been convicted of stalking or aggravated stalking involving the same victim of the instant offense; (B) Commits the offense of aggravated stalking, and intentionally or recklessly causes serious bodily injury to the victim of the offense or to the victim's child, sibling, spouse, parent or dependent; or (C) Commits the offense of stalking or aggravated stalking, the person is eighteen (18) years of age or older, and the victim of the offense was less than twelve (12) years of age at any time during the person's course of conduct.
(A) Commits the offense of stalking or aggravated stalking, and has previously been convicted of stalking or aggravated stalking involving the same victim of the instant offense;
(B) Commits the offense of aggravated stalking, and intentionally or recklessly causes serious bodily injury to the victim of the offense or to the victim's child, sibling, spouse, parent or dependent; or
(C) Commits the offense of stalking or aggravated stalking, the person is eighteen (18) years of age or older, and the victim of the offense was less than twelve (12) years of age at any time during the person's course of conduct.
(2) Especially aggravated stalking is a Class C felony.
(e) Notwithstanding any other law, if the court grants probation to a person convicted of stalking, aggravated stalking or especially aggravated stalking, the court may keep the person on probation for a period not to exceed the maximum punishment for the appropriate classification of offense. Regardless of whether a term of probation is ordered, the court may, in addition to any other punishment otherwise authorized by law, order the defendant to do the following: (1) Refrain from stalking any individual during the term of probation; (2) Refrain from having any contact with the victim of the offense or the victim's child, sibling, spouse, parent or dependent; (3) Be evaluated to determine the need for psychiatric, psychological, or social counseling, and, if determined appropriate by the court, to receive psychiatric, psychological or social counseling at the defendant's own expense; (4) If, as the result of such treatment or otherwise, the defendant is required to take medication, order that the defendant submit to drug testing or some other method by which the court can monitor whether the defendant is taking the required medication; and (5) Submit to the use of an electronic tracking device, with the cost of the device and monitoring the defendant's whereabouts, to be paid by the defendant.
(1) Refrain from stalking any individual during the term of probation;
(2) Refrain from having any contact with the victim of the offense or the victim's child, sibling, spouse, parent or dependent;
(3) Be evaluated to determine the need for psychiatric, psychological, or social counseling, and, if determined appropriate by the court, to receive psychiatric, psychological or social counseling at the defendant's own expense;
(4) If, as the result of such treatment or otherwise, the defendant is required to take medication, order that the defendant submit to drug testing or some other method by which the court can monitor whether the defendant is taking the required medication; and
(5) Submit to the use of an electronic tracking device, with the cost of the device and monitoring the defendant's whereabouts, to be paid by the defendant.
(f) In a prosecution for a violation of this section, evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact with the victim after having been requested by the victim to discontinue the conduct or a different form of unconsented contact, and to refrain from any further unconsented contact with the victim, is prima facie evidence that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
(g) (1) If a person is convicted of aggravated or especially aggravated stalking, or another felony offense arising out of a charge based on this section, the court may order an independent professional mental health assessment of the defendant's need for mental health treatment. The court may waive the assessment, if an adequate assessment was conducted prior to the conviction. (2) If the assessment indicates that the defendant is in need of and amenable to mental health treatment, the court may include in the sentence a requirement that the offender undergo treatment, and that the drug intake of the defendant be monitored in the manner best suited to the particular situation. Monitoring may include periodic determinations as to whether the defendant is ingesting any illegal controlled substances or controlled substance analogues, as well as determinations as to whether the defendant is complying with any required or recommended course of treatment that includes the taking of medications. (3) The court shall order the offender to pay the costs of assessment under this subsection (g), unless the offender is indigent under § 40-14-202 .
(1) If a person is convicted of aggravated or especially aggravated stalking, or another felony offense arising out of a charge based on this section, the court may order an independent professional mental health assessment of the defendant's need for mental health treatment. The court may waive the assessment, if an adequate assessment was conducted prior to the conviction.
(2) If the assessment indicates that the defendant is in need of and amenable to mental health treatment, the court may include in the sentence a requirement that the offender undergo treatment, and that the drug intake of the defendant be monitored in the manner best suited to the particular situation. Monitoring may include periodic determinations as to whether the defendant is ingesting any illegal controlled substances or controlled substance analogues, as well as determinations as to whether the defendant is complying with any required or recommended course of treatment that includes the taking of medications.
(3) The court shall order the offender to pay the costs of assessment under this subsection (g), unless the offender is indigent under § 40-14-202 .
(h) Any person who reasonably believes they are a victim of an offense under this section, regardless of whether the alleged perpetrator has been arrested, charged or convicted of a stalking-related offense, shall be entitled to seek and obtain an order of protection in the same manner, and under the same circumstances, as is provided for victims of domestic abuse by title 36, chapter 3, part 6.
(i) When a person is charged and arrested for the offense of stalking, aggravated stalking or especially aggravated stalking, the arresting law enforcement officer shall inform the victim that the person arrested may be eligible to post bail for the offense and to be released until the date of trial for the offense.
(j) If a law enforcement officer or district attorney general believes that the life of a possible victim of stalking is in immediate danger, unless and until sufficient evidence can be processed linking a particular person to the offense, the district attorney general may petition the judge of a court of record having criminal jurisdiction in that district to enter an order expediting the processing of any evidence in a particular stalking case. If, after hearing the petition, the court is of the opinion that the life of the victim may be in immediate danger if the alleged perpetrator is not apprehended, the court may enter such an order, directed to the Tennessee bureau of investigation, or any other agency or laboratory that may be in the process of analyzing evidence for that particular investigation.
(k) (1) For purposes of determining if a course of conduct amounting to stalking is a single offense or multiple offenses, the occurrence of any of the following events breaks the continuous course of conduct, with respect to the same victim, that constitutes the offense: (A) The defendant is arrested and charged with stalking, aggravated stalking or especially aggravated stalking; (B) The defendant is found by a court of competent jurisdiction to have violated an order of protection issued to prohibit the defendant from engaging in the conduct of stalking; or (C) The defendant is convicted of the offense of stalking, aggravated stalking or especially aggravated stalking. (2) If a continuing course of conduct amounting to stalking engaged in by a defendant against the same victim is broken by any of the events set out in subdivision (k)(1), any such conduct that occurs after that event commences a new and separate offense.
(1) For purposes of determining if a course of conduct amounting to stalking is a single offense or multiple offenses, the occurrence of any of the following events breaks the continuous course of conduct, with respect to the same victim, that constitutes the offense: (A) The defendant is arrested and charged with stalking, aggravated stalking or especially aggravated stalking; (B) The defendant is found by a court of competent jurisdiction to have violated an order of protection issued to prohibit the defendant from engaging in the conduct of stalking; or (C) The defendant is convicted of the offense of stalking, aggravated stalking or especially aggravated stalking.
(A) The defendant is arrested and charged with stalking, aggravated stalking or especially aggravated stalking;
(B) The defendant is found by a court of competent jurisdiction to have violated an order of protection issued to prohibit the defendant from engaging in the conduct of stalking; or
(C) The defendant is convicted of the offense of stalking, aggravated stalking or especially aggravated stalking.
(2) If a continuing course of conduct amounting to stalking engaged in by a defendant against the same victim is broken by any of the events set out in subdivision (k)(1), any such conduct that occurs after that event commences a new and separate offense.
(l) Stalking may be prosecuted pursuant to § 39-11-103(d) .
(m) This section does not prohibit prosecution and conviction under another criminal statute.
Amended by 2024 Tenn. Acts, ch. 682,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 349, s 2, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 349, s 1, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 413, s 1, eff. 7/1/2023.
Amended by 2018 Tenn. Acts, ch. 975, s 1, eff. 5/21/2018.
Amended by 2016 Tenn. Acts, ch. 969, Secs.s 2, s 3 eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 969, s 1, eff. 7/1/2016.
Acts 1992, ch. 795, § 1; 1993, ch. 435, § 1; 1995, ch. 378, § 1; 2005, ch. 482, § 1; 2012 , ch. 848, § 17; 2012, ch. 1076, § 2.
Tenn. Code Ann. § 39-17-1802 — TN Code / Title 39 / Chapter 17 / Section 39-17-1802
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Acceptable form of identification" means: (A) A state-issued driver license; (B) A state-issued identification card; (C) A valid passport; or (D) A valid military identification; (2) "Age-restricted venue" means a legal establishment that affirmatively restricts access to its buildings or facilities at all times to persons who are twenty-one (21) years of age or older by requiring each person who attempts to gain entry to those buildings or facilities to submit for inspection an acceptable form of identification for the express purpose of determining if the person is twenty-one (21) years of age or older; (3) "Cigar bar" means a legal establishment that: (A) Holds a valid license or permit for the on-premises consumption of alcoholic beverages; (B) Generates a portion of its total annual gross income from the on-site sale of cigars and the rental of humidors; (C) Does not knowingly sell products or services, or permit entrance to the premises, to a person who is less than twenty-one (21) years of age; and (D) Does not permit vaping or the smoking of products other than cigars on the premises; (4) "Employee" means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit and a person who volunteers that person's services for a nonprofit entity; (5) "Employer" means a person, business, partnership, association, corporation, including a municipal corporation, educational institution, trust, or nonprofit entity that employs the services of one (1) or more individual persons; (6) "Enclosed area" means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, that extend from the floor to the ceiling; (7) "Health care facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions. "Health care facility" includes all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities; (8) "Person" means an individual, partnership, committee, association, corporation or any other organization or group of persons; (9) "Place of employment" means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a place of employment unless it is used as a child care, adult day care, or health care facility; (10) "Place of worship" means any enclosed area that is: (A) Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to § 67-5-212 , based on ownership and use of the enclosed area by a religious institution; and (B) Utilized on a regular basis by such religious institution as the site of congregational services, rites or activities communally undertaken for the purpose of worship; (11) (A) "Private club" means any club or organization that does not permit the general public access to its facilities or activities. Access is denied to anyone who does not agree or adhere to the rules of membership. In order to be considered a private club or organization for purposes of this part, the club or organization shall adhere to all of the following criteria: (i) Have a permanent mechanism to carefully screen applicants for membership on subjective rather than objective factors; (ii) Limit access and use of facilities, services and activities of the organization to members and guests of the members; (iii) Be controlled by its membership and operate solely for the benefit and pleasure of its members; and (iv) Advertise exclusively and only to its members, excluding membership drives; (B) "Private club" also means any institution or organization that has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(19) ; (12) "Public place" means an enclosed area to which the public is invited, including, but not limited to, banks, educational facilities, health care facilities, hotel and motel lobbies, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, recreational facilities, retail service establishments, retail stores, shopping malls, sports arenas, theaters, places of employment and waiting rooms; (13) "Restaurant" means an eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, that gives, or offers for sale, food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. "Restaurant" includes a bar area within the restaurant; (14) "Retail tobacco store" means a retail store that derives its largest category of sales from tobacco products and accessories; (15) "Retail vapor product store" means a retail store that derives the store's largest category of sales from vapor products and accessories; (16) "Service line" means an indoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money; (17) "Shopping mall" means an enclosed public walkway or hall area that serves to connect retail or professional establishments; (18) (A) "Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or in any form; (B) "Smoking" also means using a vapor product that delivers aerosolized or vaporized nicotine, or any other substance, to the person inhaling from the device; (19) "Sports arena" means sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events; and (20) "Vapor product" has the same meaning as defined in § 39-17-1503 . Amended by 2022 Tenn. Acts, ch. 1110, s 4, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 551, s 2, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 551, s 1, eff. 7/1/2021. Acts 2007 , ch. 410, § 1; 2008 , ch. 897, § 2.
As used in this part, unless the context otherwise requires:
(1) "Acceptable form of identification" means: (A) A state-issued driver license; (B) A state-issued identification card; (C) A valid passport; or (D) A valid military identification;
(A) A state-issued driver license;
(B) A state-issued identification card;
(C) A valid passport; or
(D) A valid military identification;
(2) "Age-restricted venue" means a legal establishment that affirmatively restricts access to its buildings or facilities at all times to persons who are twenty-one (21) years of age or older by requiring each person who attempts to gain entry to those buildings or facilities to submit for inspection an acceptable form of identification for the express purpose of determining if the person is twenty-one (21) years of age or older;
(3) "Cigar bar" means a legal establishment that: (A) Holds a valid license or permit for the on-premises consumption of alcoholic beverages; (B) Generates a portion of its total annual gross income from the on-site sale of cigars and the rental of humidors; (C) Does not knowingly sell products or services, or permit entrance to the premises, to a person who is less than twenty-one (21) years of age; and (D) Does not permit vaping or the smoking of products other than cigars on the premises;
(A) Holds a valid license or permit for the on-premises consumption of alcoholic beverages;
(B) Generates a portion of its total annual gross income from the on-site sale of cigars and the rental of humidors;
(C) Does not knowingly sell products or services, or permit entrance to the premises, to a person who is less than twenty-one (21) years of age; and
(D) Does not permit vaping or the smoking of products other than cigars on the premises;
(4) "Employee" means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit and a person who volunteers that person's services for a nonprofit entity;
(5) "Employer" means a person, business, partnership, association, corporation, including a municipal corporation, educational institution, trust, or nonprofit entity that employs the services of one (1) or more individual persons;
(6) "Enclosed area" means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, that extend from the floor to the ceiling;
(7) "Health care facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions. "Health care facility" includes all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities;
(8) "Person" means an individual, partnership, committee, association, corporation or any other organization or group of persons;
(9) "Place of employment" means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a place of employment unless it is used as a child care, adult day care, or health care facility;
(10) "Place of worship" means any enclosed area that is: (A) Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to § 67-5-212 , based on ownership and use of the enclosed area by a religious institution; and (B) Utilized on a regular basis by such religious institution as the site of congregational services, rites or activities communally undertaken for the purpose of worship;
(A) Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to § 67-5-212 , based on ownership and use of the enclosed area by a religious institution; and
(B) Utilized on a regular basis by such religious institution as the site of congregational services, rites or activities communally undertaken for the purpose of worship;
(11) (A) "Private club" means any club or organization that does not permit the general public access to its facilities or activities. Access is denied to anyone who does not agree or adhere to the rules of membership. In order to be considered a private club or organization for purposes of this part, the club or organization shall adhere to all of the following criteria: (i) Have a permanent mechanism to carefully screen applicants for membership on subjective rather than objective factors; (ii) Limit access and use of facilities, services and activities of the organization to members and guests of the members; (iii) Be controlled by its membership and operate solely for the benefit and pleasure of its members; and (iv) Advertise exclusively and only to its members, excluding membership drives; (B) "Private club" also means any institution or organization that has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(19) ;
(A) "Private club" means any club or organization that does not permit the general public access to its facilities or activities. Access is denied to anyone who does not agree or adhere to the rules of membership. In order to be considered a private club or organization for purposes of this part, the club or organization shall adhere to all of the following criteria: (i) Have a permanent mechanism to carefully screen applicants for membership on subjective rather than objective factors; (ii) Limit access and use of facilities, services and activities of the organization to members and guests of the members; (iii) Be controlled by its membership and operate solely for the benefit and pleasure of its members; and (iv) Advertise exclusively and only to its members, excluding membership drives;
(i) Have a permanent mechanism to carefully screen applicants for membership on subjective rather than objective factors;
(ii) Limit access and use of facilities, services and activities of the organization to members and guests of the members;
(iii) Be controlled by its membership and operate solely for the benefit and pleasure of its members; and
(iv) Advertise exclusively and only to its members, excluding membership drives;
(B) "Private club" also means any institution or organization that has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(19) ;
(12) "Public place" means an enclosed area to which the public is invited, including, but not limited to, banks, educational facilities, health care facilities, hotel and motel lobbies, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, recreational facilities, retail service establishments, retail stores, shopping malls, sports arenas, theaters, places of employment and waiting rooms;
(13) "Restaurant" means an eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, that gives, or offers for sale, food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. "Restaurant" includes a bar area within the restaurant;
(14) "Retail tobacco store" means a retail store that derives its largest category of sales from tobacco products and accessories;
(15) "Retail vapor product store" means a retail store that derives the store's largest category of sales from vapor products and accessories;
(16) "Service line" means an indoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money;
(17) "Shopping mall" means an enclosed public walkway or hall area that serves to connect retail or professional establishments;
(18) (A) "Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or in any form; (B) "Smoking" also means using a vapor product that delivers aerosolized or vaporized nicotine, or any other substance, to the person inhaling from the device;
(A) "Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or in any form;
(B) "Smoking" also means using a vapor product that delivers aerosolized or vaporized nicotine, or any other substance, to the person inhaling from the device;
(19) "Sports arena" means sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events; and
(20) "Vapor product" has the same meaning as defined in § 39-17-1503 .
Amended by 2022 Tenn. Acts, ch. 1110, s 4, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 551, s 2, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 551, s 1, eff. 7/1/2021.
Acts 2007 , ch. 410, § 1; 2008 , ch. 897, § 2.
Tenn. Code Ann. § 39-17-313 — TN Code / Title 39 / Chapter 17 / Section 39-17-313
Aggressive panhandling
Status: in_force

(a) A person commits aggressive panhandling who solicits a donation of money or goods in the following manner: (1) By intentionally touching the person being solicited without the person's consent; (2) By intentionally obstructing the path of the person, or of the vehicle of the person, being solicited; (3) By following a person who is walking away from the person soliciting the donation, unless that person has indicated that the person wishes to make a donation; or (4) By making any statement, gesture, or other communication that would cause a reasonable person to feel fear of personal harm for refusing a solicitation of a donation. (b) (1) A first violation of this section is a Class C misdemeanor. (2) A second or subsequent violation of this section is a Class B misdemeanor punishable by fine or a term of imprisonment not to exceed ninety (90) days, or both. Added by 2015 Tenn. Acts, ch. 137,s 1, eff. 7/1/2015.
(a) A person commits aggressive panhandling who solicits a donation of money or goods in the following manner: (1) By intentionally touching the person being solicited without the person's consent; (2) By intentionally obstructing the path of the person, or of the vehicle of the person, being solicited; (3) By following a person who is walking away from the person soliciting the donation, unless that person has indicated that the person wishes to make a donation; or (4) By making any statement, gesture, or other communication that would cause a reasonable person to feel fear of personal harm for refusing a solicitation of a donation.
(1) By intentionally touching the person being solicited without the person's consent;
(2) By intentionally obstructing the path of the person, or of the vehicle of the person, being solicited;
(3) By following a person who is walking away from the person soliciting the donation, unless that person has indicated that the person wishes to make a donation; or
(4) By making any statement, gesture, or other communication that would cause a reasonable person to feel fear of personal harm for refusing a solicitation of a donation.
(b) (1) A first violation of this section is a Class C misdemeanor. (2) A second or subsequent violation of this section is a Class B misdemeanor punishable by fine or a term of imprisonment not to exceed ninety (90) days, or both.
(1) A first violation of this section is a Class C misdemeanor.
(2) A second or subsequent violation of this section is a Class B misdemeanor punishable by fine or a term of imprisonment not to exceed ninety (90) days, or both.
Added by 2015 Tenn. Acts, ch. 137,s 1, eff. 7/1/2015.
Tenn. Code Ann. § 39-13-801 — TN Code / Title 39 / Chapter 13 / Section 39-13-801
Short title
Status: in_force

This part shall be known and may be cited as the "Terrorism Prevention and Response Act of 2002." Acts 2002, ch. 849, § 1.
This part shall be known and may be cited as the "Terrorism Prevention and Response Act of 2002."
Acts 2002, ch. 849, § 1.
Tenn. Code Ann. § 39-17-1302 — TN Code / Title 39 / Chapter 17 / Section 39-17-1302
Prohibited weapons
Status: in_force

(a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells: (1) An explosive or an explosive weapon; (2) A device principally designed, made or adapted for delivering or shooting an explosive weapon; (3) A machine gun; (4) [Deleted by 2022 amendment.] (5) Hoax device; (6) Knuckles; or (7) Any other implement for infliction of serious bodily injury or death that has no common lawful purpose. (b) It is a defense to prosecution under this section that the person's conduct: (1) Was incident to the performance of official duty and pursuant to military regulations in the army, navy, air force, coast guard or marine service of the United States or the Tennessee national guard, or was incident to the performance of official duty in a governmental law enforcement agency or a penal institution; (2) Was incident to engaging in a lawful commercial or business transaction with an organization identified in subdivision (b)(1); (3) Was incident to using an explosive or an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise; (4) Was incident to using the weapon in a manner reasonably related to a lawful dramatic performance or scientific research; (5) Was incident to displaying the weapon in a public museum or exhibition; or (6) Was licensed by the state of Tennessee as a manufacturer, importer or dealer in weapons; provided, that the manufacture, import, purchase, possession, sale or disposition of weapons is authorized and incident to carrying on the business for which licensed and is for scientific or research purposes or sale or disposition to an organization designated in subdivision (b)(1). (c) It is an affirmative defense to prosecution under this section that the person must prove by a preponderance of the evidence that: (1) The person's conduct was relative to dealing with the weapon solely as a curio, ornament or keepsake, and if the weapon is a type described in subdivisions (a)(1)-(4), that it was in a nonfunctioning condition and could not readily be made operable; or (2) The possession was brief and occurred as a consequence of having found the weapon or taken it from an aggressor. (d) It is an exception to the application of subsection (a) that the person acquiring or possessing a weapon described in subdivisions (a)(3) or (a)(4) is in full compliance with the requirements of the National Firearms Act ( 26 U.S.C. §§ 5841 -5862 ). (e) Subsection (a) shall not apply to the possession, manufacture, transportation, repair, or sale of an explosive if: (1) The person in question is eighteen (18) years of age or older; and (2) The possession, manufacture, transport, repair, or sale was incident to creating or using an exploding target for lawful sporting activity, as solely intended by the commercial manufacturer. (f) (1) An offense under subdivision (a)(1) is a Class B felony. (2) An offense under subdivisions (a)(2)-(4) is a Class E felony. (3) An offense under subdivision (a)(5) is a Class C felony. (4) An offense under subdivisions (a)(6)-(7) is a Class A misdemeanor. Amended by 2022 Tenn. Acts, ch. 1038, s 1, eff. 7/1/2022. Amended by 2017 Tenn. Acts, ch. 339, Secs.s 4, s 5, s 6 eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 339, s 3, eff. 7/1/2017. Amended by 2015 Tenn. Acts, ch. 397, s 1, eff. 5/8/2015. Amended by 2015 Tenn. Acts, ch. 85, Secs.s 1, s 2 eff. 4/9/2015. Amended by 2014 Tenn. Acts, ch. 647, s 2, eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 647, s 1, eff. 7/1/2014. Acts 1989, ch. 591, § 1; 1990, ch. 1029, §§ 2, 11; 2001, ch. 375, §§ 3, 4; 2002, ch. 849, § 5; 2006, ch. 798, § 1.
(a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells: (1) An explosive or an explosive weapon; (2) A device principally designed, made or adapted for delivering or shooting an explosive weapon; (3) A machine gun; (4) [Deleted by 2022 amendment.] (5) Hoax device; (6) Knuckles; or (7) Any other implement for infliction of serious bodily injury or death that has no common lawful purpose.
(1) An explosive or an explosive weapon;
(2) A device principally designed, made or adapted for delivering or shooting an explosive weapon;
(3) A machine gun;
(4) [Deleted by 2022 amendment.]
(5) Hoax device;
(6) Knuckles; or
(7) Any other implement for infliction of serious bodily injury or death that has no common lawful purpose.
(b) It is a defense to prosecution under this section that the person's conduct: (1) Was incident to the performance of official duty and pursuant to military regulations in the army, navy, air force, coast guard or marine service of the United States or the Tennessee national guard, or was incident to the performance of official duty in a governmental law enforcement agency or a penal institution; (2) Was incident to engaging in a lawful commercial or business transaction with an organization identified in subdivision (b)(1); (3) Was incident to using an explosive or an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise; (4) Was incident to using the weapon in a manner reasonably related to a lawful dramatic performance or scientific research; (5) Was incident to displaying the weapon in a public museum or exhibition; or (6) Was licensed by the state of Tennessee as a manufacturer, importer or dealer in weapons; provided, that the manufacture, import, purchase, possession, sale or disposition of weapons is authorized and incident to carrying on the business for which licensed and is for scientific or research purposes or sale or disposition to an organization designated in subdivision (b)(1).
(1) Was incident to the performance of official duty and pursuant to military regulations in the army, navy, air force, coast guard or marine service of the United States or the Tennessee national guard, or was incident to the performance of official duty in a governmental law enforcement agency or a penal institution;
(2) Was incident to engaging in a lawful commercial or business transaction with an organization identified in subdivision (b)(1);
(3) Was incident to using an explosive or an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise;
(4) Was incident to using the weapon in a manner reasonably related to a lawful dramatic performance or scientific research;
(5) Was incident to displaying the weapon in a public museum or exhibition; or
(6) Was licensed by the state of Tennessee as a manufacturer, importer or dealer in weapons; provided, that the manufacture, import, purchase, possession, sale or disposition of weapons is authorized and incident to carrying on the business for which licensed and is for scientific or research purposes or sale or disposition to an organization designated in subdivision (b)(1).
(c) It is an affirmative defense to prosecution under this section that the person must prove by a preponderance of the evidence that: (1) The person's conduct was relative to dealing with the weapon solely as a curio, ornament or keepsake, and if the weapon is a type described in subdivisions (a)(1)-(4), that it was in a nonfunctioning condition and could not readily be made operable; or (2) The possession was brief and occurred as a consequence of having found the weapon or taken it from an aggressor.
(1) The person's conduct was relative to dealing with the weapon solely as a curio, ornament or keepsake, and if the weapon is a type described in subdivisions (a)(1)-(4), that it was in a nonfunctioning condition and could not readily be made operable; or
(2) The possession was brief and occurred as a consequence of having found the weapon or taken it from an aggressor.
(d) It is an exception to the application of subsection (a) that the person acquiring or possessing a weapon described in subdivisions (a)(3) or (a)(4) is in full compliance with the requirements of the National Firearms Act ( 26 U.S.C. §§ 5841 -5862 ).
(e) Subsection (a) shall not apply to the possession, manufacture, transportation, repair, or sale of an explosive if: (1) The person in question is eighteen (18) years of age or older; and (2) The possession, manufacture, transport, repair, or sale was incident to creating or using an exploding target for lawful sporting activity, as solely intended by the commercial manufacturer.
(1) The person in question is eighteen (18) years of age or older; and
(2) The possession, manufacture, transport, repair, or sale was incident to creating or using an exploding target for lawful sporting activity, as solely intended by the commercial manufacturer.
(f) (1) An offense under subdivision (a)(1) is a Class B felony. (2) An offense under subdivisions (a)(2)-(4) is a Class E felony. (3) An offense under subdivision (a)(5) is a Class C felony. (4) An offense under subdivisions (a)(6)-(7) is a Class A misdemeanor.
(1) An offense under subdivision (a)(1) is a Class B felony.
(2) An offense under subdivisions (a)(2)-(4) is a Class E felony.
(3) An offense under subdivision (a)(5) is a Class C felony.
(4) An offense under subdivisions (a)(6)-(7) is a Class A misdemeanor.
Amended by 2022 Tenn. Acts, ch. 1038, s 1, eff. 7/1/2022.
Amended by 2017 Tenn. Acts, ch. 339, Secs.s 4, s 5, s 6 eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 339, s 3, eff. 7/1/2017.
Amended by 2015 Tenn. Acts, ch. 397, s 1, eff. 5/8/2015.
Amended by 2015 Tenn. Acts, ch. 85, Secs.s 1, s 2 eff. 4/9/2015.
Amended by 2014 Tenn. Acts, ch. 647, s 2, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 647, s 1, eff. 7/1/2014.
Acts 1989, ch. 591, § 1; 1990, ch. 1029, §§ 2, 11; 2001, ch. 375, §§ 3, 4; 2002, ch. 849, § 5; 2006, ch. 798, § 1.
Tenn. Code Ann. § 39-13-525 — TN Code / Title 39 / Chapter 13 / Section 39-13-525
Release from community supervision
Status: in_force

(a) After a person sentenced to community supervision pursuant to § 39-13-524 has been on supervision for a period of fifteen (15) years, the person may petition the sentencing court for release from community supervision. (b) Upon receiving a petition, the court shall, at least thirty (30) days prior to a hearing on the petition, cause the office of the district attorney general responsible for prosecuting the person to be notified of the person's petition for release from supervision. Upon being notified, the district attorney general shall conduct a criminal history check on the person to determine if the person has been convicted of a criminal offense during the period of community supervision. The district attorney general shall report the results of the criminal history check to the court, together with any other comments the district attorney general may have concerning the person's petition for release. The district attorney general may also appear and testify at the hearing, in lieu of, or in addition to, submitting written comments. (c) Between the date the petition is filed with the court and the date established by the court for a hearing on the petition, if the person is entitled to a hearing, the person shall be examined and evaluated by a psychiatrist or licensed psychologist with health service designation approved by the board. The cost of the examination and evaluation shall be the sole responsibility of the person petitioning for release from supervision. No hearing on the petition may be conducted until the person has been examined and evaluated in accordance with this subsection (c). (d) (1) If the report of the district attorney general indicates that the petitioner has been convicted of a criminal offense while under community supervision, the court shall deny the petition without conducting a hearing. (2) If the report of the district attorney general indicates that the petitioner has not been convicted of a criminal offense while under community supervision, the court shall conduct a hearing on the petition. At the hearing, the court shall call such witnesses, including the examining psychiatrist or licensed psychologist with health service designation or the prosecuting district attorney general, as the court deems necessary to reach an informed and just decision on whether the petitioner should be released from community supervision. The petitioner may offer such witnesses and other proof at the hearing as is relevant to the petition. (3) If a petition for release from supervision is denied by the court, the person may not file another such petition for a period of three (3) years. Acts 1996, ch. 972, § 1.
(a) After a person sentenced to community supervision pursuant to § 39-13-524 has been on supervision for a period of fifteen (15) years, the person may petition the sentencing court for release from community supervision.
(b) Upon receiving a petition, the court shall, at least thirty (30) days prior to a hearing on the petition, cause the office of the district attorney general responsible for prosecuting the person to be notified of the person's petition for release from supervision. Upon being notified, the district attorney general shall conduct a criminal history check on the person to determine if the person has been convicted of a criminal offense during the period of community supervision. The district attorney general shall report the results of the criminal history check to the court, together with any other comments the district attorney general may have concerning the person's petition for release. The district attorney general may also appear and testify at the hearing, in lieu of, or in addition to, submitting written comments.
(c) Between the date the petition is filed with the court and the date established by the court for a hearing on the petition, if the person is entitled to a hearing, the person shall be examined and evaluated by a psychiatrist or licensed psychologist with health service designation approved by the board. The cost of the examination and evaluation shall be the sole responsibility of the person petitioning for release from supervision. No hearing on the petition may be conducted until the person has been examined and evaluated in accordance with this subsection (c).
(d) (1) If the report of the district attorney general indicates that the petitioner has been convicted of a criminal offense while under community supervision, the court shall deny the petition without conducting a hearing. (2) If the report of the district attorney general indicates that the petitioner has not been convicted of a criminal offense while under community supervision, the court shall conduct a hearing on the petition. At the hearing, the court shall call such witnesses, including the examining psychiatrist or licensed psychologist with health service designation or the prosecuting district attorney general, as the court deems necessary to reach an informed and just decision on whether the petitioner should be released from community supervision. The petitioner may offer such witnesses and other proof at the hearing as is relevant to the petition. (3) If a petition for release from supervision is denied by the court, the person may not file another such petition for a period of three (3) years.
(1) If the report of the district attorney general indicates that the petitioner has been convicted of a criminal offense while under community supervision, the court shall deny the petition without conducting a hearing.
(2) If the report of the district attorney general indicates that the petitioner has not been convicted of a criminal offense while under community supervision, the court shall conduct a hearing on the petition. At the hearing, the court shall call such witnesses, including the examining psychiatrist or licensed psychologist with health service designation or the prosecuting district attorney general, as the court deems necessary to reach an informed and just decision on whether the petitioner should be released from community supervision. The petitioner may offer such witnesses and other proof at the hearing as is relevant to the petition.
(3) If a petition for release from supervision is denied by the court, the person may not file another such petition for a period of three (3) years.
Acts 1996, ch. 972, § 1.
Tenn. Code Ann. § 39-17-412 — TN Code / Title 39 / Chapter 17 / Section 39-17-412
Controlled substances in Schedule IV
Status: in_force

(a) Schedule IV consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section. (b) Narcotic drugs, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below: (1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit; or (2) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane). (c) Depressants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Alfaxalone; (2) Alprazolam; (3) Barbital; (4) Bromazepam; (5) Camazepam; (6) Carisoprodol Other name: Soma®; (7) Chloral betaine; (8) Chloral hydrate; (9) Chlordiazepoxide; (10) Clobazam; (11) Clonazepam; (12) Clorazepate; (13) Clotiazepam; (14) Cloxazolam; (15) Delorazepam; (16) Diazepam; (17) Dichloralphenazone; (18) Estazolam; (19) Eszopiclone; (20) Ethchlorvynol; (21) Ethinamate; (22) Ethyl loflazepate; (23) Fludiazepam; (24) Flunitrazepam; (25) Flurazepam; (26) Fospropofol; (27) Halazepam; (28) Haloxazolam; (29) Ketazolam; (30) Loprazolam; (31) Lorazepam; (32) Lormetazepam; (33) Mebutamate; (34) Medazepam; (35) Meprobamate; (36) Methohexital; (37) Methylphenobarbital (mephobarbital); (38) Midazolam; (39) Nimetazepam; (40) Nitrazepam; (41) Nordiazepam; (42) Oxazepam; (43) Oxazolam; (44) Paraldehyde; (45) Petrichloral; (46) Phenobarbital; (47) Pinazepam; (48) Prazepam; (49) Quazepam; (50) Suvorexant; (51) Temazepam; (52) Tetrazepam; (53) Tramadol Other names: Ultram® and Ultracet®; (54) Triazolam; (55) Zaleplon; (56) Zolpidem; or (57) Zopiclone. (d) Fenfluramine means any material, compound, mixture, or preparation that contains any quantity of the following substances, including its salts, isomers (whether optical, positional, or geometric), and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible: (1) Fenfluramine; or (2) Dexfenfluramine. (e) Lorcaserin means any material, compound, mixture, or preparation that contains any quantity of the following substances, including its salts, isomers, and salts of such isomers, whenever the existence of such salts, isomers, and salts of isomers is possible: (1) Lorcaserin. (f) Stimulants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers: (1) Cathine ((+)-norpseudoephedrine); (2) Diethylpropion; (3) Fencamfamin; (4) Fenproporex; (5) Mazindol; (6) Mefenorex; (7) Modafinil; (8) Pemoline (including organometallic complexes and chelates thereof); (9) Phentermine; (10) Pipradol; (11) Sibutramine; or (12) SPA ((-)-1-dimethylamino-1,2-diphenylethane). (g) Other substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances, including its salts: (1) Pentazocine; (2) Butorphanol (including its optical isomers); or (3) Eluxadoline (5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl][(1S)-1-(4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic acid) (including its optical isomers) and its salts, isomers, and salts of isomers. Amended by 2018 Tenn. Acts, ch. 1040,s 8, eff. 7/1/2018. Amended by 2015 Tenn. Acts, ch. 302,s 4, eff. 7/1/2015. Acts 1989, ch. 591, § 1; 1997, ch. 107, § 2; 1997, ch. 236, § 1; 1997, ch. 445, § 1; 1998, ch. 868, § 1; 2000, ch. 755, § 1; 2007, ch. 298, §§ 11-13; 2012, ch. 812, § 4.
(a) Schedule IV consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
(b) Narcotic drugs, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below: (1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit; or (2) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane).
(1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit; or
(2) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane).
(c) Depressants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Alfaxalone; (2) Alprazolam; (3) Barbital; (4) Bromazepam; (5) Camazepam; (6) Carisoprodol Other name: Soma®; (7) Chloral betaine; (8) Chloral hydrate; (9) Chlordiazepoxide; (10) Clobazam; (11) Clonazepam; (12) Clorazepate; (13) Clotiazepam; (14) Cloxazolam; (15) Delorazepam; (16) Diazepam; (17) Dichloralphenazone; (18) Estazolam; (19) Eszopiclone; (20) Ethchlorvynol; (21) Ethinamate; (22) Ethyl loflazepate; (23) Fludiazepam; (24) Flunitrazepam; (25) Flurazepam; (26) Fospropofol; (27) Halazepam; (28) Haloxazolam; (29) Ketazolam; (30) Loprazolam; (31) Lorazepam; (32) Lormetazepam; (33) Mebutamate; (34) Medazepam; (35) Meprobamate; (36) Methohexital; (37) Methylphenobarbital (mephobarbital); (38) Midazolam; (39) Nimetazepam; (40) Nitrazepam; (41) Nordiazepam; (42) Oxazepam; (43) Oxazolam; (44) Paraldehyde; (45) Petrichloral; (46) Phenobarbital; (47) Pinazepam; (48) Prazepam; (49) Quazepam; (50) Suvorexant; (51) Temazepam; (52) Tetrazepam; (53) Tramadol Other names: Ultram® and Ultracet®; (54) Triazolam; (55) Zaleplon; (56) Zolpidem; or (57) Zopiclone.
(1) Alfaxalone;
(2) Alprazolam;
(3) Barbital;
(4) Bromazepam;
(5) Camazepam;
(6) Carisoprodol Other name: Soma®;
Other name: Soma®;
(7) Chloral betaine;
(8) Chloral hydrate;
(9) Chlordiazepoxide;
(10) Clobazam;
(11) Clonazepam;
(12) Clorazepate;
(13) Clotiazepam;
(14) Cloxazolam;
(15) Delorazepam;
(16) Diazepam;
(17) Dichloralphenazone;
(18) Estazolam;
(19) Eszopiclone;
(20) Ethchlorvynol;
(21) Ethinamate;
(22) Ethyl loflazepate;
(23) Fludiazepam;
(24) Flunitrazepam;
(25) Flurazepam;
(26) Fospropofol;
(27) Halazepam;
(28) Haloxazolam;
(29) Ketazolam;
(30) Loprazolam;
(31) Lorazepam;
(32) Lormetazepam;
(33) Mebutamate;
(34) Medazepam;
(35) Meprobamate;
(36) Methohexital;
(37) Methylphenobarbital (mephobarbital);
(38) Midazolam;
(39) Nimetazepam;
(40) Nitrazepam;
(41) Nordiazepam;
(42) Oxazepam;
(43) Oxazolam;
(44) Paraldehyde;
(45) Petrichloral;
(46) Phenobarbital;
(47) Pinazepam;
(48) Prazepam;
(49) Quazepam;
(50) Suvorexant;
(51) Temazepam;
(52) Tetrazepam;
(53) Tramadol Other names: Ultram® and Ultracet®;
Other names: Ultram® and Ultracet®;
(54) Triazolam;
(55) Zaleplon;
(56) Zolpidem; or
(57) Zopiclone.
(d) Fenfluramine means any material, compound, mixture, or preparation that contains any quantity of the following substances, including its salts, isomers (whether optical, positional, or geometric), and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible: (1) Fenfluramine; or (2) Dexfenfluramine.
(1) Fenfluramine; or
(2) Dexfenfluramine.
(e) Lorcaserin means any material, compound, mixture, or preparation that contains any quantity of the following substances, including its salts, isomers, and salts of such isomers, whenever the existence of such salts, isomers, and salts of isomers is possible: (1) Lorcaserin.
(1) Lorcaserin.
(f) Stimulants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers: (1) Cathine ((+)-norpseudoephedrine); (2) Diethylpropion; (3) Fencamfamin; (4) Fenproporex; (5) Mazindol; (6) Mefenorex; (7) Modafinil; (8) Pemoline (including organometallic complexes and chelates thereof); (9) Phentermine; (10) Pipradol; (11) Sibutramine; or (12) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
(1) Cathine ((+)-norpseudoephedrine);
(2) Diethylpropion;
(3) Fencamfamin;
(4) Fenproporex;
(5) Mazindol;
(6) Mefenorex;
(7) Modafinil;
(8) Pemoline (including organometallic complexes and chelates thereof);
(9) Phentermine;
(10) Pipradol;
(11) Sibutramine; or
(12) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
(g) Other substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances, including its salts: (1) Pentazocine; (2) Butorphanol (including its optical isomers); or (3) Eluxadoline (5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl][(1S)-1-(4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic acid) (including its optical isomers) and its salts, isomers, and salts of isomers.
(1) Pentazocine;
(2) Butorphanol (including its optical isomers); or
(3) Eluxadoline (5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl][(1S)-1-(4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic acid) (including its optical isomers) and its salts, isomers, and salts of isomers.
Amended by 2018 Tenn. Acts, ch. 1040,s 8, eff. 7/1/2018.
Amended by 2015 Tenn. Acts, ch. 302,s 4, eff. 7/1/2015.
Acts 1989, ch. 591, § 1; 1997, ch. 107, § 2; 1997, ch. 236, § 1; 1997, ch. 445, § 1; 1998, ch. 868, § 1; 2000, ch. 755, § 1; 2007, ch. 298, §§ 11-13; 2012, ch. 812, § 4.
Tenn. Code Ann. § 39-13-518 — TN Code / Title 39 / Chapter 13 / Section 39-13-518
Continuous sexual abuse of a child - Felony offense - Penalties - Notice identifying multiple acts of sexual abuse of a child
Status: in_force

(a) As used in this section: (1) "Multiple acts of sexual abuse of a child" means: (A) (i) Engaging in three (3) or more incidents of sexual abuse of a child involving the same minor child on separate occasions; provided, that at least one (1) such incident occurred within the county in which the charge is filed and that one (1) such incident occurred on or after July 1, 2014; (ii) Engaging in at least one (1) incident of sexual abuse of a child upon three (3) or more different minor children on separate occasions; provided, that at least one (1) such incident occurred within the county in which the charge is filed and that one (1) such incident occurred on or after July 1, 2014; or (iii) Engaging in five (5) or more incidents of sexual abuse of a child involving two (2) or more different minor children on separate occasions; provided, that at least one (1) such incident occurred within the county in which the charge is filed and that one (1) such incident occurred on or after July 1, 2014; and (B) The victims of the incidents of sexual abuse of a child share distinctive, common characteristics, qualities or circumstances with respect to each other or to the person committing the offenses, or there are common methods or characteristics in the commission of the offense, allowing otherwise individual offenses to merge into a single continuing offense involving a pattern of criminal activity against similar victims. Common characteristics, qualities or circumstances for purposes of this subdivision (a)(1)(B) include, but are not limited to: (i) The victims are related to the defendant by blood or marriage; (ii) The victims reside with the defendant; or (iii) The defendant was an authority figure, as defined in § 39-13-527(a)(3) , to the victims and the victims knew each other; and (2) "Sexual abuse of a child" means to commit an act upon a minor child that is a violation of: (A) Aggravated rape pursuant to § 39-13-502 , if the child is more than thirteen (13) but less than eighteen (18) years of age; (B) Rape pursuant to § 39-13-503 , if the child is more than thirteen (13) but less than eighteen (18) years of age; (C) Aggravated sexual battery pursuant to § 39-13-504 ; (D) Rape of a child pursuant to § 39-13-522 ; (E) Sexual battery by an authority figure pursuant to § 39-13-527 ; (F) Soliciting sexual exploitation of a minor pursuant to § 39-13-529(a) ; (G) Aggravated rape of a child pursuant to § 39-13-531 ; (H) Statutory rape by an authority figure pursuant to § 39-13-532 ; (I) Trafficking for a commercial sex act pursuant to § 39-13-309 , if the victim is a minor; or (J) Promoting prostitution pursuant to § 39-13-515 , if the victim is a minor. (b) A person commits continuous sexual abuse of a child who: (1) Over a period of ninety (90) days or more, engages in multiple acts of sexual abuse of a child as defined in subdivision (a)(1)(A)(i) or (a)(1)(A)(ii); or (2) Over a period of less than ninety (90) days, engages in multiple acts of sexual abuse of a child as defined in subdivision (a)(1)(A)(iii). (c) (1) A violation of subsection (b) is a Class A felony if three (3) or more of the acts of sexual abuse of a child constitute violations of the following offenses: (A) Aggravated rape pursuant to § 39-13-502 , if the child is more than thirteen (13) but less than eighteen (18) years of age; (B) Rape pursuant to § 39-13-503 , if the child is more than thirteen (13) but less than eighteen (18) years of age; (C) Aggravated sexual battery pursuant to § 39-13-504 ; (D) Rape of a child pursuant to § 39-13-522 ; (E) Soliciting sexual exploitation of a minor pursuant to § 39-13-529(a) ; (F) Aggravated rape of a child pursuant to § 39-13-531 ; (G) Trafficking for a commercial sex act pursuant to § 39-13-309 , if the victim is a minor; or (H) Promoting prostitution pursuant to § 39-13-515 , if the victim is a minor. (2) A violation of subsection (b) is a Class B felony if two (2) of the acts of sexual abuse of a child constitute violations of offenses listed in subdivision (c)(1). (3) A violation of subsection (b) is a Class C felony if one (1) of the acts of sexual abuse of a child constitutes a violation of an offense listed in subdivision (c)(1). (4) A violation of subsection (b) is a Class C felony if at least three (3) of the acts of sexual abuse of a child constitute violations of the offenses of sexual battery by an authority figure pursuant to § 39-13-527 or statutory rape by an authority figure pursuant to § 39-13-532 . (d) At least thirty (30) days prior to trial, the state shall file with the court a written notice identifying the multiple acts of sexual abuse of a child upon which the violation of this section is based. The notice shall include the identity of the victim and the statutory offense violated. Upon good cause, and where the defendant was unaware of the predicate offenses listed in the notice, the trial court may grant a continuance to facilitate proper notification of the incidents of sexual abuse of a child and for preparation by the defense of such incidents specified in the statement. (e) The jury must agree unanimously that the defendant: (1) (A) During a period of ninety (90) or more days in duration, committed three (3) or more acts of sexual abuse of a child; or (B) During a period of less than ninety (90) days in duration, committed five (5) or more acts of sexual abuse of a child against at least two (2) different children; and (2) Committed at least three (3) of the same specific acts of sexual abuse within the specified time period if prosecution is under subdivision (e)(1)(A) and at least five (5) of the same specific acts of sexual abuse within the specified time period if prosecution is under subdivision (e)(1)(B). (f) The state may charge alternative violations of this section and of the separate offenses committed within the same time period. The separate incidents shall be alleged in separate counts and joined in the same action. A person may be convicted either of one (1) criminal violation of this section, or for one (1) or more of the separate incidents of sexual abuse of a child committed within the county in which the charges were filed, but not both. The state shall not be required to elect submission to the jury of the several counts. The jury shall be instructed to return a verdict on all counts in the indictment. In the event that a verdict of guilty is returned on a separate count that was included in the notice of separate incidents of sexual abuse of a child and the jury returns a verdict of guilty for a violation of this section, at the sentencing hearing the trial judge shall merge the separate count into the conviction under this section and only impose a sentence under this section. A conviction for a violation of this section bars the prosecution of the individual incidents of sexual abuse of a child as separate offenses described in the pretrial notice filed by the state and presented to the jury. A prosecution for a violation of this section does not bar a prosecution in the same action for individual incidents of sexual abuse not identified in the state's pretrial notice. The state shall be required to elect as to those individual incidents of sexual abuse not contained in the pretrial notice prior to submission to the jury. A conviction for such elected offenses shall not be subject to merger at sentencing. (g) Notwithstanding any other law to the contrary, a person convicted of a violation of this section shall be punished by imprisonment and shall be sentenced from within the full range of punishment for the offense of which the defendant was convicted, regardless of the range for which the defendant would otherwise qualify. Amended by 2022 Tenn. Acts, ch. 1025, s 2, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1025, s 1, eff. 7/1/2022. Amended by 2018 Tenn. Acts, ch. 719, s 2, eff. 7/1/2018. Acts 2014, ch. 940, § 2.
(a) As used in this section: (1) "Multiple acts of sexual abuse of a child" means: (A) (i) Engaging in three (3) or more incidents of sexual abuse of a child involving the same minor child on separate occasions; provided, that at least one (1) such incident occurred within the county in which the charge is filed and that one (1) such incident occurred on or after July 1, 2014; (ii) Engaging in at least one (1) incident of sexual abuse of a child upon three (3) or more different minor children on separate occasions; provided, that at least one (1) such incident occurred within the county in which the charge is filed and that one (1) such incident occurred on or after July 1, 2014; or (iii) Engaging in five (5) or more incidents of sexual abuse of a child involving two (2) or more different minor children on separate occasions; provided, that at least one (1) such incident occurred within the county in which the charge is filed and that one (1) such incident occurred on or after July 1, 2014; and (B) The victims of the incidents of sexual abuse of a child share distinctive, common characteristics, qualities or circumstances with respect to each other or to the person committing the offenses, or there are common methods or characteristics in the commission of the offense, allowing otherwise individual offenses to merge into a single continuing offense involving a pattern of criminal activity against similar victims. Common characteristics, qualities or circumstances for purposes of this subdivision (a)(1)(B) include, but are not limited to: (i) The victims are related to the defendant by blood or marriage; (ii) The victims reside with the defendant; or (iii) The defendant was an authority figure, as defined in § 39-13-527(a)(3) , to the victims and the victims knew each other; and (2) "Sexual abuse of a child" means to commit an act upon a minor child that is a violation of: (A) Aggravated rape pursuant to § 39-13-502 , if the child is more than thirteen (13) but less than eighteen (18) years of age; (B) Rape pursuant to § 39-13-503 , if the child is more than thirteen (13) but less than eighteen (18) years of age; (C) Aggravated sexual battery pursuant to § 39-13-504 ; (D) Rape of a child pursuant to § 39-13-522 ; (E) Sexual battery by an authority figure pursuant to § 39-13-527 ; (F) Soliciting sexual exploitation of a minor pursuant to § 39-13-529(a) ; (G) Aggravated rape of a child pursuant to § 39-13-531 ; (H) Statutory rape by an authority figure pursuant to § 39-13-532 ; (I) Trafficking for a commercial sex act pursuant to § 39-13-309 , if the victim is a minor; or (J) Promoting prostitution pursuant to § 39-13-515 , if the victim is a minor.
(1) "Multiple acts of sexual abuse of a child" means: (A) (i) Engaging in three (3) or more incidents of sexual abuse of a child involving the same minor child on separate occasions; provided, that at least one (1) such incident occurred within the county in which the charge is filed and that one (1) such incident occurred on or after July 1, 2014; (ii) Engaging in at least one (1) incident of sexual abuse of a child upon three (3) or more different minor children on separate occasions; provided, that at least one (1) such incident occurred within the county in which the charge is filed and that one (1) such incident occurred on or after July 1, 2014; or (iii) Engaging in five (5) or more incidents of sexual abuse of a child involving two (2) or more different minor children on separate occasions; provided, that at least one (1) such incident occurred within the county in which the charge is filed and that one (1) such incident occurred on or after July 1, 2014; and (B) The victims of the incidents of sexual abuse of a child share distinctive, common characteristics, qualities or circumstances with respect to each other or to the person committing the offenses, or there are common methods or characteristics in the commission of the offense, allowing otherwise individual offenses to merge into a single continuing offense involving a pattern of criminal activity against similar victims. Common characteristics, qualities or circumstances for purposes of this subdivision (a)(1)(B) include, but are not limited to: (i) The victims are related to the defendant by blood or marriage; (ii) The victims reside with the defendant; or (iii) The defendant was an authority figure, as defined in § 39-13-527(a)(3) , to the victims and the victims knew each other; and
(A) (i) Engaging in three (3) or more incidents of sexual abuse of a child involving the same minor child on separate occasions; provided, that at least one (1) such incident occurred within the county in which the charge is filed and that one (1) such incident occurred on or after July 1, 2014; (ii) Engaging in at least one (1) incident of sexual abuse of a child upon three (3) or more different minor children on separate occasions; provided, that at least one (1) such incident occurred within the county in which the charge is filed and that one (1) such incident occurred on or after July 1, 2014; or (iii) Engaging in five (5) or more incidents of sexual abuse of a child involving two (2) or more different minor children on separate occasions; provided, that at least one (1) such incident occurred within the county in which the charge is filed and that one (1) such incident occurred on or after July 1, 2014; and
(i) Engaging in three (3) or more incidents of sexual abuse of a child involving the same minor child on separate occasions; provided, that at least one (1) such incident occurred within the county in which the charge is filed and that one (1) such incident occurred on or after July 1, 2014;
(ii) Engaging in at least one (1) incident of sexual abuse of a child upon three (3) or more different minor children on separate occasions; provided, that at least one (1) such incident occurred within the county in which the charge is filed and that one (1) such incident occurred on or after July 1, 2014; or
(iii) Engaging in five (5) or more incidents of sexual abuse of a child involving two (2) or more different minor children on separate occasions; provided, that at least one (1) such incident occurred within the county in which the charge is filed and that one (1) such incident occurred on or after July 1, 2014; and
(B) The victims of the incidents of sexual abuse of a child share distinctive, common characteristics, qualities or circumstances with respect to each other or to the person committing the offenses, or there are common methods or characteristics in the commission of the offense, allowing otherwise individual offenses to merge into a single continuing offense involving a pattern of criminal activity against similar victims. Common characteristics, qualities or circumstances for purposes of this subdivision (a)(1)(B) include, but are not limited to: (i) The victims are related to the defendant by blood or marriage; (ii) The victims reside with the defendant; or (iii) The defendant was an authority figure, as defined in § 39-13-527(a)(3) , to the victims and the victims knew each other; and
(i) The victims are related to the defendant by blood or marriage;
(ii) The victims reside with the defendant; or
(iii) The defendant was an authority figure, as defined in § 39-13-527(a)(3) , to the victims and the victims knew each other; and
(2) "Sexual abuse of a child" means to commit an act upon a minor child that is a violation of: (A) Aggravated rape pursuant to § 39-13-502 , if the child is more than thirteen (13) but less than eighteen (18) years of age; (B) Rape pursuant to § 39-13-503 , if the child is more than thirteen (13) but less than eighteen (18) years of age; (C) Aggravated sexual battery pursuant to § 39-13-504 ; (D) Rape of a child pursuant to § 39-13-522 ; (E) Sexual battery by an authority figure pursuant to § 39-13-527 ; (F) Soliciting sexual exploitation of a minor pursuant to § 39-13-529(a) ; (G) Aggravated rape of a child pursuant to § 39-13-531 ; (H) Statutory rape by an authority figure pursuant to § 39-13-532 ; (I) Trafficking for a commercial sex act pursuant to § 39-13-309 , if the victim is a minor; or (J) Promoting prostitution pursuant to § 39-13-515 , if the victim is a minor.
(A) Aggravated rape pursuant to § 39-13-502 , if the child is more than thirteen (13) but less than eighteen (18) years of age;
(B) Rape pursuant to § 39-13-503 , if the child is more than thirteen (13) but less than eighteen (18) years of age;
(C) Aggravated sexual battery pursuant to § 39-13-504 ;
(D) Rape of a child pursuant to § 39-13-522 ;
(E) Sexual battery by an authority figure pursuant to § 39-13-527 ;
(F) Soliciting sexual exploitation of a minor pursuant to § 39-13-529(a) ;
(G) Aggravated rape of a child pursuant to § 39-13-531 ;
(H) Statutory rape by an authority figure pursuant to § 39-13-532 ;
(I) Trafficking for a commercial sex act pursuant to § 39-13-309 , if the victim is a minor; or
(J) Promoting prostitution pursuant to § 39-13-515 , if the victim is a minor.
(b) A person commits continuous sexual abuse of a child who: (1) Over a period of ninety (90) days or more, engages in multiple acts of sexual abuse of a child as defined in subdivision (a)(1)(A)(i) or (a)(1)(A)(ii); or (2) Over a period of less than ninety (90) days, engages in multiple acts of sexual abuse of a child as defined in subdivision (a)(1)(A)(iii).
(1) Over a period of ninety (90) days or more, engages in multiple acts of sexual abuse of a child as defined in subdivision (a)(1)(A)(i) or (a)(1)(A)(ii); or
(2) Over a period of less than ninety (90) days, engages in multiple acts of sexual abuse of a child as defined in subdivision (a)(1)(A)(iii).
(c) (1) A violation of subsection (b) is a Class A felony if three (3) or more of the acts of sexual abuse of a child constitute violations of the following offenses: (A) Aggravated rape pursuant to § 39-13-502 , if the child is more than thirteen (13) but less than eighteen (18) years of age; (B) Rape pursuant to § 39-13-503 , if the child is more than thirteen (13) but less than eighteen (18) years of age; (C) Aggravated sexual battery pursuant to § 39-13-504 ; (D) Rape of a child pursuant to § 39-13-522 ; (E) Soliciting sexual exploitation of a minor pursuant to § 39-13-529(a) ; (F) Aggravated rape of a child pursuant to § 39-13-531 ; (G) Trafficking for a commercial sex act pursuant to § 39-13-309 , if the victim is a minor; or (H) Promoting prostitution pursuant to § 39-13-515 , if the victim is a minor. (2) A violation of subsection (b) is a Class B felony if two (2) of the acts of sexual abuse of a child constitute violations of offenses listed in subdivision (c)(1). (3) A violation of subsection (b) is a Class C felony if one (1) of the acts of sexual abuse of a child constitutes a violation of an offense listed in subdivision (c)(1). (4) A violation of subsection (b) is a Class C felony if at least three (3) of the acts of sexual abuse of a child constitute violations of the offenses of sexual battery by an authority figure pursuant to § 39-13-527 or statutory rape by an authority figure pursuant to § 39-13-532 .
(1) A violation of subsection (b) is a Class A felony if three (3) or more of the acts of sexual abuse of a child constitute violations of the following offenses: (A) Aggravated rape pursuant to § 39-13-502 , if the child is more than thirteen (13) but less than eighteen (18) years of age; (B) Rape pursuant to § 39-13-503 , if the child is more than thirteen (13) but less than eighteen (18) years of age; (C) Aggravated sexual battery pursuant to § 39-13-504 ; (D) Rape of a child pursuant to § 39-13-522 ; (E) Soliciting sexual exploitation of a minor pursuant to § 39-13-529(a) ; (F) Aggravated rape of a child pursuant to § 39-13-531 ; (G) Trafficking for a commercial sex act pursuant to § 39-13-309 , if the victim is a minor; or (H) Promoting prostitution pursuant to § 39-13-515 , if the victim is a minor.
(A) Aggravated rape pursuant to § 39-13-502 , if the child is more than thirteen (13) but less than eighteen (18) years of age;
(B) Rape pursuant to § 39-13-503 , if the child is more than thirteen (13) but less than eighteen (18) years of age;
(C) Aggravated sexual battery pursuant to § 39-13-504 ;
(D) Rape of a child pursuant to § 39-13-522 ;
(E) Soliciting sexual exploitation of a minor pursuant to § 39-13-529(a) ;
(F) Aggravated rape of a child pursuant to § 39-13-531 ;
(G) Trafficking for a commercial sex act pursuant to § 39-13-309 , if the victim is a minor; or
(H) Promoting prostitution pursuant to § 39-13-515 , if the victim is a minor.
(2) A violation of subsection (b) is a Class B felony if two (2) of the acts of sexual abuse of a child constitute violations of offenses listed in subdivision (c)(1).
(3) A violation of subsection (b) is a Class C felony if one (1) of the acts of sexual abuse of a child constitutes a violation of an offense listed in subdivision (c)(1).
(4) A violation of subsection (b) is a Class C felony if at least three (3) of the acts of sexual abuse of a child constitute violations of the offenses of sexual battery by an authority figure pursuant to § 39-13-527 or statutory rape by an authority figure pursuant to § 39-13-532 .
(d) At least thirty (30) days prior to trial, the state shall file with the court a written notice identifying the multiple acts of sexual abuse of a child upon which the violation of this section is based. The notice shall include the identity of the victim and the statutory offense violated. Upon good cause, and where the defendant was unaware of the predicate offenses listed in the notice, the trial court may grant a continuance to facilitate proper notification of the incidents of sexual abuse of a child and for preparation by the defense of such incidents specified in the statement.
(e) The jury must agree unanimously that the defendant: (1) (A) During a period of ninety (90) or more days in duration, committed three (3) or more acts of sexual abuse of a child; or (B) During a period of less than ninety (90) days in duration, committed five (5) or more acts of sexual abuse of a child against at least two (2) different children; and (2) Committed at least three (3) of the same specific acts of sexual abuse within the specified time period if prosecution is under subdivision (e)(1)(A) and at least five (5) of the same specific acts of sexual abuse within the specified time period if prosecution is under subdivision (e)(1)(B).
(1) (A) During a period of ninety (90) or more days in duration, committed three (3) or more acts of sexual abuse of a child; or (B) During a period of less than ninety (90) days in duration, committed five (5) or more acts of sexual abuse of a child against at least two (2) different children; and
(A) During a period of ninety (90) or more days in duration, committed three (3) or more acts of sexual abuse of a child; or
(B) During a period of less than ninety (90) days in duration, committed five (5) or more acts of sexual abuse of a child against at least two (2) different children; and
(2) Committed at least three (3) of the same specific acts of sexual abuse within the specified time period if prosecution is under subdivision (e)(1)(A) and at least five (5) of the same specific acts of sexual abuse within the specified time period if prosecution is under subdivision (e)(1)(B).
(f) The state may charge alternative violations of this section and of the separate offenses committed within the same time period. The separate incidents shall be alleged in separate counts and joined in the same action. A person may be convicted either of one (1) criminal violation of this section, or for one (1) or more of the separate incidents of sexual abuse of a child committed within the county in which the charges were filed, but not both. The state shall not be required to elect submission to the jury of the several counts. The jury shall be instructed to return a verdict on all counts in the indictment. In the event that a verdict of guilty is returned on a separate count that was included in the notice of separate incidents of sexual abuse of a child and the jury returns a verdict of guilty for a violation of this section, at the sentencing hearing the trial judge shall merge the separate count into the conviction under this section and only impose a sentence under this section. A conviction for a violation of this section bars the prosecution of the individual incidents of sexual abuse of a child as separate offenses described in the pretrial notice filed by the state and presented to the jury. A prosecution for a violation of this section does not bar a prosecution in the same action for individual incidents of sexual abuse not identified in the state's pretrial notice. The state shall be required to elect as to those individual incidents of sexual abuse not contained in the pretrial notice prior to submission to the jury. A conviction for such elected offenses shall not be subject to merger at sentencing.
(g) Notwithstanding any other law to the contrary, a person convicted of a violation of this section shall be punished by imprisonment and shall be sentenced from within the full range of punishment for the offense of which the defendant was convicted, regardless of the range for which the defendant would otherwise qualify.
Amended by 2022 Tenn. Acts, ch. 1025, s 2, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1025, s 1, eff. 7/1/2022.
Amended by 2018 Tenn. Acts, ch. 719, s 2, eff. 7/1/2018.
Acts 2014, ch. 940, § 2.
Tenn. Code Ann. § 39-13-612 — TN Code / Title 39 / Chapter 13 / Section 39-13-612
Personal Privacy Protection Act
Status: in_force

(a) This section shall be known and may be cited as the "Personal Privacy Protection Act." (b) As used in this section: (1) "Law enforcement agency" means a lawfully established state or local public agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, regulatory, game, or controlled substance laws; (2) "Nonfinancial support" means gifts of securities, real property, services, or other in-kind donations; (3) "Personal information" means the name and data of any kind that directly or indirectly identifies a person as a member, supporter, or volunteer of, or donor of financial or nonfinancial support to, any entity exempt from federal income tax under § 501(c) of the Internal Revenue Code; and (4) "Public agency" means any state or local governmental unit, department, or agency, however designated, which requires an entity exempt from federal income tax under § 501(c) of the Internal Revenue Code to provide the public agency with the names and other personal information of its members, supporters, volunteers, or donors. (c) Notwithstanding any law to the contrary, and subject to subsections (e), (g), and (h), a public agency shall not: (1) Release, publicize, or otherwise publicly disclose personal information in possession of that public agency; and (2) Require an entity exempt from federal income tax under § 501 (c) of the Internal Revenue Code to provide the names or other personal information of persons who have provided financial or nonfinancial support to the exempt entity. (d) A public agency may share personal information with a federal agency as required by federal law. However, personal information shared pursuant to this subsection (d) is otherwise subject to the requirements of subsection (c) and is not a public record pursuant to title 10, chapter 7. (e) This section does not preclude: (1) A report or disclosure required by title 2, chapter 10; (2) A report or disclosure required by title 3, chapter 6; (3) The disclosure of personal information amongst law enforcement agencies pursuant to an active investigation; (4) A lawful warrant for personal information issued by a court of competent jurisdiction; (5) A lawful request for discovery of personal information in litigation if the following conditions are met: (A) The requestor demonstrates a compelling need for the personal information by clear and convincing evidence; and (B) The requestor obtains a protective order barring disclosure of the personal information to any person not named in the litigation; (6) Admission of personal information as relevant evidence before a court of competent jurisdiction. However, the court shall issue a protective order barring disclosure of the personal information to any person not named in the litigation; (7) A state agency from requesting or disclosing personal information as required by federal or state law; (8) A lawful request for discovery of personal information in litigation to demonstrate that a party has standing to bring or appeal any action; or (9) The enforcement of title 48, chapter 101, part 5, by the appropriate state officials. (f) A person who knowingly violates this section commits a Class B misdemeanor. (g) The comptroller of the treasury or the comptroller's designated representative shall have access to personal information for purposes of audit or investigation, but that personal information is otherwise subject to the requirements of subsection (c) and is not a public record pursuant to title 10, chapter 7. (h) A state agency or the agency's designated representative shall have access to personal information for purposes of conducting an audit, monitoring, verifying eligibility for benefits, conducting a background check, or conducting an investigation, but that personal information is otherwise subject to the requirements of subsection (c) and is not a public record pursuant to title 10, chapter 7. (i) An institution of higher education is not subject to this section. (j) This section does not apply to a national securities association that is registered pursuant to Section 15A of the Securities Exchange Act of 1934 ( 15 U.S.C. § 78o-3 ), as amended, or regulations adopted under the Act, or any information such national securities association provides to the commissioner of commerce and insurance pursuant to title 48, chapter 1, and rules promulgated pursuant to that chapter. Added by 2021 Tenn. Acts, ch. 516, s 1, eff. 10/1/2021.
(a) This section shall be known and may be cited as the "Personal Privacy Protection Act."
(b) As used in this section: (1) "Law enforcement agency" means a lawfully established state or local public agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, regulatory, game, or controlled substance laws; (2) "Nonfinancial support" means gifts of securities, real property, services, or other in-kind donations; (3) "Personal information" means the name and data of any kind that directly or indirectly identifies a person as a member, supporter, or volunteer of, or donor of financial or nonfinancial support to, any entity exempt from federal income tax under § 501(c) of the Internal Revenue Code; and (4) "Public agency" means any state or local governmental unit, department, or agency, however designated, which requires an entity exempt from federal income tax under § 501(c) of the Internal Revenue Code to provide the public agency with the names and other personal information of its members, supporters, volunteers, or donors.
(1) "Law enforcement agency" means a lawfully established state or local public agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, regulatory, game, or controlled substance laws;
(2) "Nonfinancial support" means gifts of securities, real property, services, or other in-kind donations;
(3) "Personal information" means the name and data of any kind that directly or indirectly identifies a person as a member, supporter, or volunteer of, or donor of financial or nonfinancial support to, any entity exempt from federal income tax under § 501(c) of the Internal Revenue Code; and
(4) "Public agency" means any state or local governmental unit, department, or agency, however designated, which requires an entity exempt from federal income tax under § 501(c) of the Internal Revenue Code to provide the public agency with the names and other personal information of its members, supporters, volunteers, or donors.
(c) Notwithstanding any law to the contrary, and subject to subsections (e), (g), and (h), a public agency shall not: (1) Release, publicize, or otherwise publicly disclose personal information in possession of that public agency; and (2) Require an entity exempt from federal income tax under § 501 (c) of the Internal Revenue Code to provide the names or other personal information of persons who have provided financial or nonfinancial support to the exempt entity.
(1) Release, publicize, or otherwise publicly disclose personal information in possession of that public agency; and
(2) Require an entity exempt from federal income tax under § 501 (c) of the Internal Revenue Code to provide the names or other personal information of persons who have provided financial or nonfinancial support to the exempt entity.
(d) A public agency may share personal information with a federal agency as required by federal law. However, personal information shared pursuant to this subsection (d) is otherwise subject to the requirements of subsection (c) and is not a public record pursuant to title 10, chapter 7.
(e) This section does not preclude: (1) A report or disclosure required by title 2, chapter 10; (2) A report or disclosure required by title 3, chapter 6; (3) The disclosure of personal information amongst law enforcement agencies pursuant to an active investigation; (4) A lawful warrant for personal information issued by a court of competent jurisdiction; (5) A lawful request for discovery of personal information in litigation if the following conditions are met: (A) The requestor demonstrates a compelling need for the personal information by clear and convincing evidence; and (B) The requestor obtains a protective order barring disclosure of the personal information to any person not named in the litigation; (6) Admission of personal information as relevant evidence before a court of competent jurisdiction. However, the court shall issue a protective order barring disclosure of the personal information to any person not named in the litigation; (7) A state agency from requesting or disclosing personal information as required by federal or state law; (8) A lawful request for discovery of personal information in litigation to demonstrate that a party has standing to bring or appeal any action; or (9) The enforcement of title 48, chapter 101, part 5, by the appropriate state officials.
(1) A report or disclosure required by title 2, chapter 10;
(2) A report or disclosure required by title 3, chapter 6;
(3) The disclosure of personal information amongst law enforcement agencies pursuant to an active investigation;
(4) A lawful warrant for personal information issued by a court of competent jurisdiction;
(5) A lawful request for discovery of personal information in litigation if the following conditions are met: (A) The requestor demonstrates a compelling need for the personal information by clear and convincing evidence; and (B) The requestor obtains a protective order barring disclosure of the personal information to any person not named in the litigation;
(A) The requestor demonstrates a compelling need for the personal information by clear and convincing evidence; and
(B) The requestor obtains a protective order barring disclosure of the personal information to any person not named in the litigation;
(6) Admission of personal information as relevant evidence before a court of competent jurisdiction. However, the court shall issue a protective order barring disclosure of the personal information to any person not named in the litigation;
(7) A state agency from requesting or disclosing personal information as required by federal or state law;
(8) A lawful request for discovery of personal information in litigation to demonstrate that a party has standing to bring or appeal any action; or
(9) The enforcement of title 48, chapter 101, part 5, by the appropriate state officials.
(f) A person who knowingly violates this section commits a Class B misdemeanor.
(g) The comptroller of the treasury or the comptroller's designated representative shall have access to personal information for purposes of audit or investigation, but that personal information is otherwise subject to the requirements of subsection (c) and is not a public record pursuant to title 10, chapter 7.
(h) A state agency or the agency's designated representative shall have access to personal information for purposes of conducting an audit, monitoring, verifying eligibility for benefits, conducting a background check, or conducting an investigation, but that personal information is otherwise subject to the requirements of subsection (c) and is not a public record pursuant to title 10, chapter 7.
(i) An institution of higher education is not subject to this section.
(j) This section does not apply to a national securities association that is registered pursuant to Section 15A of the Securities Exchange Act of 1934 ( 15 U.S.C. § 78o-3 ), as amended, or regulations adopted under the Act, or any information such national securities association provides to the commissioner of commerce and insurance pursuant to title 48, chapter 1, and rules promulgated pursuant to that chapter.
Added by 2021 Tenn. Acts, ch. 516, s 1, eff. 10/1/2021.
Tenn. Code Ann. § 39-17-1301 — TN Code / Title 39 / Chapter 17 / Section 39-17-1301
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Adjudication as a mental defective or adjudicated as a mental defective" means: (A) A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease: (i) Is a danger to such person or to others; or (ii) Lacks the ability to contract or manage such person's own affairs due to mental defect; (B) A finding of insanity or that a person is incompetent to stand trial by a court in a criminal proceeding; or (C) A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to Article 50a and 76b of the Uniform Code of Military Justice ( 10 U.S.C. §§ 850a and 876b respectively); (2) "Club" means any instrument that is specially designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument; (3) "Crime of violence" includes any degree of murder, voluntary manslaughter, aggravated rape, rape, rape of a child, aggravated rape of a child, aggravated sexual battery, especially aggravated robbery, aggravated robbery, burglary, aggravated burglary, especially aggravated burglary, aggravated assault, kidnapping, aggravated kidnapping, especially aggravated kidnapping, carjacking, trafficking for commercial sex act, especially aggravated sexual exploitation, felony child abuse, and aggravated child abuse; (4) (A) "Explosive weapon" means any explosive, incendiary or poisonous gas: (i) Bomb; (ii) Grenade; (iii) Rocket; (iv) Mine; or (v) Shell, missile or projectile that is designed, made or adapted for the purpose of inflicting serious bodily injury, death or substantial property damage; (B) "Explosive weapon" also means: (i) Any breakable container which contains a flammable liquid with a flashpoint of one hundred fifty degrees Fahrenheit (150° F) or less and has a wick or similar device capable of being ignited, other than a device which is commercially manufactured primarily for purposes of illumination; or (ii) Any sealed device containing dry ice or other chemically reactive substances for the purposes of causing an explosion by a chemical reaction; (5) "Hoax device" means any device that reasonably appears to be or is purported to be an explosive or incendiary device and is intended to cause alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies; (6) "Immediate vicinity" refers to the area within the person's immediate control within which the person has ready access to the ammunition; (7) "Judicial commitment to a mental institution" means a judicially ordered involuntary admission to a private or state hospital or treatment resource in proceedings conducted pursuant to title 33, chapter 6 or 7; (8) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument; (9) "Knuckles" means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles; (10) "Machine gun" means any firearm that is capable of shooting more than two (2) shots automatically, without manual reloading, by a single function of the trigger; (11) "Mental institution" means a mental health facility, mental hospital, sanitarium, psychiatric facility and any other facility that provides diagnoses by a licensed professional of an intellectual disability or mental illness, including, but not limited to, a psychiatric ward in a general hospital; (12) "Restricted firearm ammunition" means any cartridge containing a bullet coated with a plastic substance with other than a lead or lead alloy core or a jacketed bullet with other than a lead or lead alloy core or a cartridge of which the bullet itself is wholly composed of a metal or metal alloy other than lead. "Restricted firearm ammunition" does not include shotgun shells or solid plastic bullets; (13) "Rifle" means any firearm designed, made or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger; (14) "Short barrel" means a barrel length of less than sixteen inches (16") for a rifle and eighteen inches (18") for a shotgun, or an overall firearm length of less than twenty-six inches (26"); (15) "Shotgun" means any firearm designed, made or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed shotgun shell to fire through a smooth-bore barrel either a number of ball shot or a single projectile by a single function of the trigger; (16) "Switchblade knife" means any knife that has a blade which opens automatically by: (A) Hand pressure applied to a button or other device in the handle; or (B) Operation of gravity or inertia; and (17) "Unloaded" means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon. Amended by 2024 Tenn. Acts, ch. 784,s 18, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 443, s 1, eff. 5/13/2021. Amended by 2018 Tenn. Acts, ch. 903, s 1, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 339, s 2, eff. 7/1/2017. Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 1; 2001, ch. 375, §§ 1, 2; 2009 , ch. 578, § 8; 2010 , ch. 734, § 1.
As used in this part, unless the context otherwise requires:
(1) "Adjudication as a mental defective or adjudicated as a mental defective" means: (A) A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease: (i) Is a danger to such person or to others; or (ii) Lacks the ability to contract or manage such person's own affairs due to mental defect; (B) A finding of insanity or that a person is incompetent to stand trial by a court in a criminal proceeding; or (C) A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to Article 50a and 76b of the Uniform Code of Military Justice ( 10 U.S.C. §§ 850a and 876b respectively);
(A) A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease: (i) Is a danger to such person or to others; or (ii) Lacks the ability to contract or manage such person's own affairs due to mental defect;
(i) Is a danger to such person or to others; or
(ii) Lacks the ability to contract or manage such person's own affairs due to mental defect;
(B) A finding of insanity or that a person is incompetent to stand trial by a court in a criminal proceeding; or
(C) A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to Article 50a and 76b of the Uniform Code of Military Justice ( 10 U.S.C. §§ 850a and 876b respectively);
(2) "Club" means any instrument that is specially designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument;
(3) "Crime of violence" includes any degree of murder, voluntary manslaughter, aggravated rape, rape, rape of a child, aggravated rape of a child, aggravated sexual battery, especially aggravated robbery, aggravated robbery, burglary, aggravated burglary, especially aggravated burglary, aggravated assault, kidnapping, aggravated kidnapping, especially aggravated kidnapping, carjacking, trafficking for commercial sex act, especially aggravated sexual exploitation, felony child abuse, and aggravated child abuse;
(4) (A) "Explosive weapon" means any explosive, incendiary or poisonous gas: (i) Bomb; (ii) Grenade; (iii) Rocket; (iv) Mine; or (v) Shell, missile or projectile that is designed, made or adapted for the purpose of inflicting serious bodily injury, death or substantial property damage; (B) "Explosive weapon" also means: (i) Any breakable container which contains a flammable liquid with a flashpoint of one hundred fifty degrees Fahrenheit (150° F) or less and has a wick or similar device capable of being ignited, other than a device which is commercially manufactured primarily for purposes of illumination; or (ii) Any sealed device containing dry ice or other chemically reactive substances for the purposes of causing an explosion by a chemical reaction;
(A) "Explosive weapon" means any explosive, incendiary or poisonous gas: (i) Bomb; (ii) Grenade; (iii) Rocket; (iv) Mine; or (v) Shell, missile or projectile that is designed, made or adapted for the purpose of inflicting serious bodily injury, death or substantial property damage;
(i) Bomb;
(ii) Grenade;
(iii) Rocket;
(iv) Mine; or
(v) Shell, missile or projectile that is designed, made or adapted for the purpose of inflicting serious bodily injury, death or substantial property damage;
(B) "Explosive weapon" also means: (i) Any breakable container which contains a flammable liquid with a flashpoint of one hundred fifty degrees Fahrenheit (150° F) or less and has a wick or similar device capable of being ignited, other than a device which is commercially manufactured primarily for purposes of illumination; or (ii) Any sealed device containing dry ice or other chemically reactive substances for the purposes of causing an explosion by a chemical reaction;
(i) Any breakable container which contains a flammable liquid with a flashpoint of one hundred fifty degrees Fahrenheit (150° F) or less and has a wick or similar device capable of being ignited, other than a device which is commercially manufactured primarily for purposes of illumination; or
(ii) Any sealed device containing dry ice or other chemically reactive substances for the purposes of causing an explosion by a chemical reaction;
(5) "Hoax device" means any device that reasonably appears to be or is purported to be an explosive or incendiary device and is intended to cause alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies;
(6) "Immediate vicinity" refers to the area within the person's immediate control within which the person has ready access to the ammunition;
(7) "Judicial commitment to a mental institution" means a judicially ordered involuntary admission to a private or state hospital or treatment resource in proceedings conducted pursuant to title 33, chapter 6 or 7;
(8) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument;
(9) "Knuckles" means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles;
(10) "Machine gun" means any firearm that is capable of shooting more than two (2) shots automatically, without manual reloading, by a single function of the trigger;
(11) "Mental institution" means a mental health facility, mental hospital, sanitarium, psychiatric facility and any other facility that provides diagnoses by a licensed professional of an intellectual disability or mental illness, including, but not limited to, a psychiatric ward in a general hospital;
(12) "Restricted firearm ammunition" means any cartridge containing a bullet coated with a plastic substance with other than a lead or lead alloy core or a jacketed bullet with other than a lead or lead alloy core or a cartridge of which the bullet itself is wholly composed of a metal or metal alloy other than lead. "Restricted firearm ammunition" does not include shotgun shells or solid plastic bullets;
(13) "Rifle" means any firearm designed, made or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger;
(14) "Short barrel" means a barrel length of less than sixteen inches (16") for a rifle and eighteen inches (18") for a shotgun, or an overall firearm length of less than twenty-six inches (26");
(15) "Shotgun" means any firearm designed, made or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed shotgun shell to fire through a smooth-bore barrel either a number of ball shot or a single projectile by a single function of the trigger;
(16) "Switchblade knife" means any knife that has a blade which opens automatically by: (A) Hand pressure applied to a button or other device in the handle; or (B) Operation of gravity or inertia; and
(A) Hand pressure applied to a button or other device in the handle; or
(B) Operation of gravity or inertia; and
(17) "Unloaded" means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon.
Amended by 2024 Tenn. Acts, ch. 784,s 18, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 443, s 1, eff. 5/13/2021.
Amended by 2018 Tenn. Acts, ch. 903, s 1, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 339, s 2, eff. 7/1/2017.
Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 1; 2001, ch. 375, §§ 1, 2; 2009 , ch. 578, § 8; 2010 , ch. 734, § 1.