Tenn. Code Ann. § 39-17-1307 — TN Code / Title 39 / Chapter 17 / Section 39-17-1307
Unlawful carrying or possession of a weapon
Status: in_force

(a) (1) A person commits an offense who carries, with the intent to go armed, a firearm or a club. (2) (A) The first violation of subdivision (a)(1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500). (B) A second or subsequent violation of subdivision (a)(1) is a Class B misdemeanor. (C) A violation of subdivision (a)(1) is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one (1) or more persons were present. (b) (1) A person commits an offense who unlawfully possesses a firearm, as defined in § 39-11-106 , and: (A) Has been convicted of a felony crime of violence, an attempt to commit a felony crime of violence, or a felony involving use of a deadly weapon; or (B) Has been convicted of a felony drug offense. (2) An offense under subdivision (b)(1)(A) is a Class B felony. (3) An offense under subdivision (b)(1)(B) is a Class C felony. (c) (1) A person commits an offense who possesses a handgun and has been convicted of a felony unless: (A) The person has been pardoned for the offense; (B) The felony conviction has been expunged; or (C) The person's civil rights have been restored pursuant to title 40, chapter 29, and the restoration order does not specifically prohibit the person from possessing firearms. (2) An offense under subdivision (c)(1) is a Class E felony. (d) (1) A person commits an offense who possesses a deadly weapon other than a firearm with the intent to employ it during the commission of, attempt to commit, or escape from a dangerous offense as defined in § 39-17-1324 . (2) A person commits an offense who possesses any deadly weapon with the intent to employ it during the commission of, attempt to commit, or escape from any offense not defined as a dangerous offense by § 39-17-1324 . (3) (A) Except as provided in subdivision (d)(3)(B), a violation of this subsection (d) is a Class E felony. (B) A violation of this subsection (d) is a Class E felony with a maximum fine of six thousand dollars ($6,000), if the deadly weapon is a switchblade knife. (e) (1) It is an exception to the application of subsection (a) that a person is carrying or possessing a firearm, loaded firearm, or firearm ammunition in a motor vehicle or boat if the person: (A) Is not prohibited from possessing or receiving a firearm by 18 U.S.C. § 922(g) or purchasing a firearm by § 39-17-1316 ; and (B) Is in lawful possession of the motor vehicle or boat. (2) (A) As used in this subsection (e): (i) "Boat" means any watercraft, other than a seaplane on the water, designed and used primarily for navigation or transportation on the water; and (ii) "Motor vehicle" has the same meaning as defined in § 55-1-103 . (B) This subsection (e) shall not apply to a motor vehicle or boat that is: (i) Owned or leased by a governmental or private entity that has adopted a written policy prohibiting firearms, loaded firearms, or firearm ammunition not required for employment within the motor vehicle or boat; and (ii) Provided by such entity to an employee for use during the course of employment. (f) (1) A person commits an offense who possesses a firearm, as defined in § 39-11-106(a) , and: (A) Has been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921 , and is still subject to the disabilities of such a conviction; (B) Is, at the time of the possession, subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8) ; or (C) Is prohibited from possessing a firearm under any other state or federal law. (2) If the person is licensed as a federal firearms dealer or a responsible party under a federal firearms license, the determination of whether such an individual possesses firearms that constitute the business inventory under the federal license shall be determined based upon the applicable federal statutes or the rules, regulations and official letters, rulings and publications of the bureau of alcohol, tobacco, firearms and explosives. (3) For purposes of this section, a person does not possess a firearm, including, but not limited to, firearms registered under the National Firearms Act ( 26 U.S.C. § 5801 et seq.), if the firearm is in a safe or similar container that is securely locked and to which the respondent does not have the combination, keys or other means of normal access. (4) A violation of subdivision (f)(1) is a Class A misdemeanor and each violation constitutes a separate offense. (5) If a violation of subdivision (f)(1) also constitutes a violation of § 36-3-625(h) or § 39-13-113(h) , the respondent may be charged and convicted under any or all such sections. (g) It is an exception to the application of subsection (a) that a person is carrying, whether openly or concealed, a handgun and: (1) (A) The person is at least twenty-one (21) years of age; or (B) The person is at least eighteen (18) years of age and: (i) Is an honorably discharged or retired veteran of the United States armed forces; (ii) Is an honorably discharged member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program; or (iii) Is a member of the United States armed forces on active duty status or is a current member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program; (2) The person lawfully possesses the handgun; and (3) The person is in a place where the person is lawfully present. (h) (1) A person commits an offense who carries, with the intent to go armed, a firearm and: (A) Has been convicted of stalking as prohibited by § 39-17-315 ; (B) Has been convicted of the offense of driving under the influence of an intoxicant in this or any other state two (2) or more times within the prior ten (10) years or one (1) time within the prior five (5) years; (C) Has been adjudicated as a mental defective, judicially committed to or hospitalized in a mental institution pursuant to title 33, or had a court appoint a conservator for the person by reason of a mental defect; or (D) Is otherwise prohibited from possessing a firearm by 18 U.S.C. 922(g) as it existed on January 1, 2021. (2) An offense under subdivision (h)(1) is a Class B misdemeanor. (i) (1) A person commits an offense who carries or possesses a firearm and has been adjudicated as a mental defective or judicially committed to a mental institution. (2) An offense under subdivision (i)(1) is a Class A misdemeanor. (j) (1) A person under twenty-five (25) years of age who possesses a firearm commits an offense if the person was adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted one (1) or more of the following offenses: (A) Aggravated assault, as defined in § 39-13-102 ; (B) Aggravated assault against a first responder or nurse, as defined in § 39-13-116 ; (C) A violation of chapter 13, part 2, of this title; (D) A violation of chapter 13, part 4, of this title; (E) A violation of chapter 13, part 10, of this title; (F) Aggravated cruelty to animals, as defined in § 39-14-212 ; (G) A threat of mass violence, as defined in § 39-16-517 ; or (H) A violation of this title involving the use or display of a firearm. (2) An offense under subdivision (j)(1) is a Class A misdemeanor. (3) This subsection (j) does not apply if a court has reinstated the person's right to possess a firearm pursuant to § 37-1-190(e). Amended by 2024 Tenn. Acts, ch. 973,s 3, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 784,s 19, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 108, Secs.s 1, s 13 eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 903, s 4, eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 903, s 2, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 475, s 1, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 202, s 1, eff. 7/1/2017. Amended by 2014 Tenn. Acts, ch. 870, s 1, eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 647, s 5, eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 647, s 4, eff. 7/1/2014. Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 6; 2007 , ch. 412, § 1; 2007 , ch. 594, § 3; 2008 , ch. 1166, § 1; 2008 , ch. 1176, § 1; 2009 , ch. 431, § 1; 2009 , ch. 455, § 6; 2010 , ch. 793, § 1; 2012 , ch. 726, § 1.
(a) (1) A person commits an offense who carries, with the intent to go armed, a firearm or a club. (2) (A) The first violation of subdivision (a)(1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500). (B) A second or subsequent violation of subdivision (a)(1) is a Class B misdemeanor. (C) A violation of subdivision (a)(1) is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one (1) or more persons were present.
(1) A person commits an offense who carries, with the intent to go armed, a firearm or a club.
(2) (A) The first violation of subdivision (a)(1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500). (B) A second or subsequent violation of subdivision (a)(1) is a Class B misdemeanor. (C) A violation of subdivision (a)(1) is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one (1) or more persons were present.
(A) The first violation of subdivision (a)(1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500).
(B) A second or subsequent violation of subdivision (a)(1) is a Class B misdemeanor.
(C) A violation of subdivision (a)(1) is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one (1) or more persons were present.
(b) (1) A person commits an offense who unlawfully possesses a firearm, as defined in § 39-11-106 , and: (A) Has been convicted of a felony crime of violence, an attempt to commit a felony crime of violence, or a felony involving use of a deadly weapon; or (B) Has been convicted of a felony drug offense. (2) An offense under subdivision (b)(1)(A) is a Class B felony. (3) An offense under subdivision (b)(1)(B) is a Class C felony.
(1) A person commits an offense who unlawfully possesses a firearm, as defined in § 39-11-106 , and: (A) Has been convicted of a felony crime of violence, an attempt to commit a felony crime of violence, or a felony involving use of a deadly weapon; or (B) Has been convicted of a felony drug offense.
(A) Has been convicted of a felony crime of violence, an attempt to commit a felony crime of violence, or a felony involving use of a deadly weapon; or
(B) Has been convicted of a felony drug offense.
(2) An offense under subdivision (b)(1)(A) is a Class B felony.
(3) An offense under subdivision (b)(1)(B) is a Class C felony.
(c) (1) A person commits an offense who possesses a handgun and has been convicted of a felony unless: (A) The person has been pardoned for the offense; (B) The felony conviction has been expunged; or (C) The person's civil rights have been restored pursuant to title 40, chapter 29, and the restoration order does not specifically prohibit the person from possessing firearms. (2) An offense under subdivision (c)(1) is a Class E felony.
(1) A person commits an offense who possesses a handgun and has been convicted of a felony unless: (A) The person has been pardoned for the offense; (B) The felony conviction has been expunged; or (C) The person's civil rights have been restored pursuant to title 40, chapter 29, and the restoration order does not specifically prohibit the person from possessing firearms.
(A) The person has been pardoned for the offense;
(B) The felony conviction has been expunged; or
(C) The person's civil rights have been restored pursuant to title 40, chapter 29, and the restoration order does not specifically prohibit the person from possessing firearms.
(2) An offense under subdivision (c)(1) is a Class E felony.
(d) (1) A person commits an offense who possesses a deadly weapon other than a firearm with the intent to employ it during the commission of, attempt to commit, or escape from a dangerous offense as defined in § 39-17-1324 . (2) A person commits an offense who possesses any deadly weapon with the intent to employ it during the commission of, attempt to commit, or escape from any offense not defined as a dangerous offense by § 39-17-1324 . (3) (A) Except as provided in subdivision (d)(3)(B), a violation of this subsection (d) is a Class E felony. (B) A violation of this subsection (d) is a Class E felony with a maximum fine of six thousand dollars ($6,000), if the deadly weapon is a switchblade knife.
(1) A person commits an offense who possesses a deadly weapon other than a firearm with the intent to employ it during the commission of, attempt to commit, or escape from a dangerous offense as defined in § 39-17-1324 .
(2) A person commits an offense who possesses any deadly weapon with the intent to employ it during the commission of, attempt to commit, or escape from any offense not defined as a dangerous offense by § 39-17-1324 .
(3) (A) Except as provided in subdivision (d)(3)(B), a violation of this subsection (d) is a Class E felony. (B) A violation of this subsection (d) is a Class E felony with a maximum fine of six thousand dollars ($6,000), if the deadly weapon is a switchblade knife.
(A) Except as provided in subdivision (d)(3)(B), a violation of this subsection (d) is a Class E felony.
(B) A violation of this subsection (d) is a Class E felony with a maximum fine of six thousand dollars ($6,000), if the deadly weapon is a switchblade knife.
(e) (1) It is an exception to the application of subsection (a) that a person is carrying or possessing a firearm, loaded firearm, or firearm ammunition in a motor vehicle or boat if the person: (A) Is not prohibited from possessing or receiving a firearm by 18 U.S.C. § 922(g) or purchasing a firearm by § 39-17-1316 ; and (B) Is in lawful possession of the motor vehicle or boat. (2) (A) As used in this subsection (e): (i) "Boat" means any watercraft, other than a seaplane on the water, designed and used primarily for navigation or transportation on the water; and (ii) "Motor vehicle" has the same meaning as defined in § 55-1-103 . (B) This subsection (e) shall not apply to a motor vehicle or boat that is: (i) Owned or leased by a governmental or private entity that has adopted a written policy prohibiting firearms, loaded firearms, or firearm ammunition not required for employment within the motor vehicle or boat; and (ii) Provided by such entity to an employee for use during the course of employment.
(1) It is an exception to the application of subsection (a) that a person is carrying or possessing a firearm, loaded firearm, or firearm ammunition in a motor vehicle or boat if the person: (A) Is not prohibited from possessing or receiving a firearm by 18 U.S.C. § 922(g) or purchasing a firearm by § 39-17-1316 ; and (B) Is in lawful possession of the motor vehicle or boat.
(A) Is not prohibited from possessing or receiving a firearm by 18 U.S.C. § 922(g) or purchasing a firearm by § 39-17-1316 ; and
(B) Is in lawful possession of the motor vehicle or boat.
(2) (A) As used in this subsection (e): (i) "Boat" means any watercraft, other than a seaplane on the water, designed and used primarily for navigation or transportation on the water; and (ii) "Motor vehicle" has the same meaning as defined in § 55-1-103 . (B) This subsection (e) shall not apply to a motor vehicle or boat that is: (i) Owned or leased by a governmental or private entity that has adopted a written policy prohibiting firearms, loaded firearms, or firearm ammunition not required for employment within the motor vehicle or boat; and (ii) Provided by such entity to an employee for use during the course of employment.
(A) As used in this subsection (e): (i) "Boat" means any watercraft, other than a seaplane on the water, designed and used primarily for navigation or transportation on the water; and (ii) "Motor vehicle" has the same meaning as defined in § 55-1-103 .
(i) "Boat" means any watercraft, other than a seaplane on the water, designed and used primarily for navigation or transportation on the water; and
(ii) "Motor vehicle" has the same meaning as defined in § 55-1-103 .
(B) This subsection (e) shall not apply to a motor vehicle or boat that is: (i) Owned or leased by a governmental or private entity that has adopted a written policy prohibiting firearms, loaded firearms, or firearm ammunition not required for employment within the motor vehicle or boat; and (ii) Provided by such entity to an employee for use during the course of employment.
(i) Owned or leased by a governmental or private entity that has adopted a written policy prohibiting firearms, loaded firearms, or firearm ammunition not required for employment within the motor vehicle or boat; and
(ii) Provided by such entity to an employee for use during the course of employment.
(f) (1) A person commits an offense who possesses a firearm, as defined in § 39-11-106(a) , and: (A) Has been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921 , and is still subject to the disabilities of such a conviction; (B) Is, at the time of the possession, subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8) ; or (C) Is prohibited from possessing a firearm under any other state or federal law. (2) If the person is licensed as a federal firearms dealer or a responsible party under a federal firearms license, the determination of whether such an individual possesses firearms that constitute the business inventory under the federal license shall be determined based upon the applicable federal statutes or the rules, regulations and official letters, rulings and publications of the bureau of alcohol, tobacco, firearms and explosives. (3) For purposes of this section, a person does not possess a firearm, including, but not limited to, firearms registered under the National Firearms Act ( 26 U.S.C. § 5801 et seq.), if the firearm is in a safe or similar container that is securely locked and to which the respondent does not have the combination, keys or other means of normal access. (4) A violation of subdivision (f)(1) is a Class A misdemeanor and each violation constitutes a separate offense. (5) If a violation of subdivision (f)(1) also constitutes a violation of § 36-3-625(h) or § 39-13-113(h) , the respondent may be charged and convicted under any or all such sections.
(1) A person commits an offense who possesses a firearm, as defined in § 39-11-106(a) , and: (A) Has been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921 , and is still subject to the disabilities of such a conviction; (B) Is, at the time of the possession, subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8) ; or (C) Is prohibited from possessing a firearm under any other state or federal law.
(A) Has been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921 , and is still subject to the disabilities of such a conviction;
(B) Is, at the time of the possession, subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8) ; or
(C) Is prohibited from possessing a firearm under any other state or federal law.
(2) If the person is licensed as a federal firearms dealer or a responsible party under a federal firearms license, the determination of whether such an individual possesses firearms that constitute the business inventory under the federal license shall be determined based upon the applicable federal statutes or the rules, regulations and official letters, rulings and publications of the bureau of alcohol, tobacco, firearms and explosives.
(3) For purposes of this section, a person does not possess a firearm, including, but not limited to, firearms registered under the National Firearms Act ( 26 U.S.C. § 5801 et seq.), if the firearm is in a safe or similar container that is securely locked and to which the respondent does not have the combination, keys or other means of normal access.
(4) A violation of subdivision (f)(1) is a Class A misdemeanor and each violation constitutes a separate offense.
(5) If a violation of subdivision (f)(1) also constitutes a violation of § 36-3-625(h) or § 39-13-113(h) , the respondent may be charged and convicted under any or all such sections.
(g) It is an exception to the application of subsection (a) that a person is carrying, whether openly or concealed, a handgun and: (1) (A) The person is at least twenty-one (21) years of age; or (B) The person is at least eighteen (18) years of age and: (i) Is an honorably discharged or retired veteran of the United States armed forces; (ii) Is an honorably discharged member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program; or (iii) Is a member of the United States armed forces on active duty status or is a current member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program; (2) The person lawfully possesses the handgun; and (3) The person is in a place where the person is lawfully present.
(1) (A) The person is at least twenty-one (21) years of age; or (B) The person is at least eighteen (18) years of age and: (i) Is an honorably discharged or retired veteran of the United States armed forces; (ii) Is an honorably discharged member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program; or (iii) Is a member of the United States armed forces on active duty status or is a current member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program;
(A) The person is at least twenty-one (21) years of age; or
(B) The person is at least eighteen (18) years of age and: (i) Is an honorably discharged or retired veteran of the United States armed forces; (ii) Is an honorably discharged member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program; or (iii) Is a member of the United States armed forces on active duty status or is a current member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program;
(i) Is an honorably discharged or retired veteran of the United States armed forces;
(ii) Is an honorably discharged member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program; or
(iii) Is a member of the United States armed forces on active duty status or is a current member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program;
(2) The person lawfully possesses the handgun; and
(3) The person is in a place where the person is lawfully present.
(h) (1) A person commits an offense who carries, with the intent to go armed, a firearm and: (A) Has been convicted of stalking as prohibited by § 39-17-315 ; (B) Has been convicted of the offense of driving under the influence of an intoxicant in this or any other state two (2) or more times within the prior ten (10) years or one (1) time within the prior five (5) years; (C) Has been adjudicated as a mental defective, judicially committed to or hospitalized in a mental institution pursuant to title 33, or had a court appoint a conservator for the person by reason of a mental defect; or (D) Is otherwise prohibited from possessing a firearm by 18 U.S.C. 922(g) as it existed on January 1, 2021. (2) An offense under subdivision (h)(1) is a Class B misdemeanor.
(1) A person commits an offense who carries, with the intent to go armed, a firearm and: (A) Has been convicted of stalking as prohibited by § 39-17-315 ; (B) Has been convicted of the offense of driving under the influence of an intoxicant in this or any other state two (2) or more times within the prior ten (10) years or one (1) time within the prior five (5) years; (C) Has been adjudicated as a mental defective, judicially committed to or hospitalized in a mental institution pursuant to title 33, or had a court appoint a conservator for the person by reason of a mental defect; or (D) Is otherwise prohibited from possessing a firearm by 18 U.S.C. 922(g) as it existed on January 1, 2021.
(A) Has been convicted of stalking as prohibited by § 39-17-315 ;
(B) Has been convicted of the offense of driving under the influence of an intoxicant in this or any other state two (2) or more times within the prior ten (10) years or one (1) time within the prior five (5) years;
(C) Has been adjudicated as a mental defective, judicially committed to or hospitalized in a mental institution pursuant to title 33, or had a court appoint a conservator for the person by reason of a mental defect; or
(D) Is otherwise prohibited from possessing a firearm by 18 U.S.C. 922(g) as it existed on January 1, 2021.
(2) An offense under subdivision (h)(1) is a Class B misdemeanor.
(i) (1) A person commits an offense who carries or possesses a firearm and has been adjudicated as a mental defective or judicially committed to a mental institution. (2) An offense under subdivision (i)(1) is a Class A misdemeanor.
(1) A person commits an offense who carries or possesses a firearm and has been adjudicated as a mental defective or judicially committed to a mental institution.
(2) An offense under subdivision (i)(1) is a Class A misdemeanor.
(j) (1) A person under twenty-five (25) years of age who possesses a firearm commits an offense if the person was adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted one (1) or more of the following offenses: (A) Aggravated assault, as defined in § 39-13-102 ; (B) Aggravated assault against a first responder or nurse, as defined in § 39-13-116 ; (C) A violation of chapter 13, part 2, of this title; (D) A violation of chapter 13, part 4, of this title; (E) A violation of chapter 13, part 10, of this title; (F) Aggravated cruelty to animals, as defined in § 39-14-212 ; (G) A threat of mass violence, as defined in § 39-16-517 ; or (H) A violation of this title involving the use or display of a firearm. (2) An offense under subdivision (j)(1) is a Class A misdemeanor. (3) This subsection (j) does not apply if a court has reinstated the person's right to possess a firearm pursuant to § 37-1-190(e).
(1) A person under twenty-five (25) years of age who possesses a firearm commits an offense if the person was adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted one (1) or more of the following offenses: (A) Aggravated assault, as defined in § 39-13-102 ; (B) Aggravated assault against a first responder or nurse, as defined in § 39-13-116 ; (C) A violation of chapter 13, part 2, of this title; (D) A violation of chapter 13, part 4, of this title; (E) A violation of chapter 13, part 10, of this title; (F) Aggravated cruelty to animals, as defined in § 39-14-212 ; (G) A threat of mass violence, as defined in § 39-16-517 ; or (H) A violation of this title involving the use or display of a firearm.
(A) Aggravated assault, as defined in § 39-13-102 ;
(B) Aggravated assault against a first responder or nurse, as defined in § 39-13-116 ;
(C) A violation of chapter 13, part 2, of this title;
(D) A violation of chapter 13, part 4, of this title;
(E) A violation of chapter 13, part 10, of this title;
(F) Aggravated cruelty to animals, as defined in § 39-14-212 ;
(G) A threat of mass violence, as defined in § 39-16-517 ; or
(H) A violation of this title involving the use or display of a firearm.
(2) An offense under subdivision (j)(1) is a Class A misdemeanor.
(3) This subsection (j) does not apply if a court has reinstated the person's right to possess a firearm pursuant to § 37-1-190(e).
Amended by 2024 Tenn. Acts, ch. 973,s 3, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 784,s 19, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 108, Secs.s 1, s 13 eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 903, s 4, eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 903, s 2, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 475, s 1, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 202, s 1, eff. 7/1/2017.
Amended by 2014 Tenn. Acts, ch. 870, s 1, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 647, s 5, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 647, s 4, eff. 7/1/2014.
Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 6; 2007 , ch. 412, § 1; 2007 , ch. 594, § 3; 2008 , ch. 1166, § 1; 2008 , ch. 1176, § 1; 2009 , ch. 431, § 1; 2009 , ch. 455, § 6; 2010 , ch. 793, § 1; 2012 , ch. 726, § 1.
Tenn. Code Ann. § 39-17-430 — TN Code / Title 39 / Chapter 17 / Section 39-17-430
Anabolic steroids - Prohibited activities
Status: in_force

(a) It is unlawful for a practitioner to prescribe, order, distribute, supply or sell an anabolic steroid for: (1) Enhancing performance in an exercise, sport or game without medical necessity; or (2) Hormonal manipulation intended to increase muscle mass, strength or weight without medical necessity. (b) (1) It is unlawful for any person who is not a practitioner or lawful manufacturer of anabolic steroids to: (A) Knowingly or intentionally manufacture or deliver an anabolic steroid, pure or adulterated; or (B) Possess, with intent to manufacture or deliver, an anabolic steroid. (2) As used in this subsection (b), "practitioner" means a physician, dentist or veterinarian. (c) A person who knowingly violates this section shall be punished as provided in § 39-17-417(d) for a violation of a Schedule III controlled substance. Acts 1989, ch. 591, § 1; 1990, ch. 1044, § 1; T.C.A., § 39-17-416(c), (d) ; Acts 1992, ch. 700, §§ 1, 2.
(a) It is unlawful for a practitioner to prescribe, order, distribute, supply or sell an anabolic steroid for: (1) Enhancing performance in an exercise, sport or game without medical necessity; or (2) Hormonal manipulation intended to increase muscle mass, strength or weight without medical necessity.
(1) Enhancing performance in an exercise, sport or game without medical necessity; or
(2) Hormonal manipulation intended to increase muscle mass, strength or weight without medical necessity.
(b) (1) It is unlawful for any person who is not a practitioner or lawful manufacturer of anabolic steroids to: (A) Knowingly or intentionally manufacture or deliver an anabolic steroid, pure or adulterated; or (B) Possess, with intent to manufacture or deliver, an anabolic steroid. (2) As used in this subsection (b), "practitioner" means a physician, dentist or veterinarian.
(1) It is unlawful for any person who is not a practitioner or lawful manufacturer of anabolic steroids to: (A) Knowingly or intentionally manufacture or deliver an anabolic steroid, pure or adulterated; or (B) Possess, with intent to manufacture or deliver, an anabolic steroid.
(A) Knowingly or intentionally manufacture or deliver an anabolic steroid, pure or adulterated; or
(B) Possess, with intent to manufacture or deliver, an anabolic steroid.
(2) As used in this subsection (b), "practitioner" means a physician, dentist or veterinarian.
(c) A person who knowingly violates this section shall be punished as provided in § 39-17-417(d) for a violation of a Schedule III controlled substance.
Acts 1989, ch. 591, § 1; 1990, ch. 1044, § 1; T.C.A., § 39-17-416(c), (d) ; Acts 1992, ch. 700, §§ 1, 2.
Tenn. Code Ann. § 39-11-114 — TN Code / Title 39 / Chapter 11 / Section 39-11-114
Penalty for misdemeanor where punishment not prescribed
Status: in_force

Every person who is convicted of a misdemeanor, the punishment for which is not otherwise prescribed by a statute of this state, shall be sentenced as for a Class A misdemeanor. Acts 1989, ch. 591, § 1.
Every person who is convicted of a misdemeanor, the punishment for which is not otherwise prescribed by a statute of this state, shall be sentenced as for a Class A misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-310 — TN Code / Title 39 / Chapter 17 / Section 39-17-310
Public intoxication
Status: in_force

(a) A person commits the offense of public intoxication who appears in a public place under the influence of a controlled substance, controlled substance analogue or any other intoxicating substance to the degree that: (1) The offender may be endangered; (2) There is endangerment to other persons or property; or (3) The offender unreasonably annoys people in the vicinity. (b) A violation of this section is a Class C misdemeanor. Acts 1989, ch. 591, § 1; 2012, ch. 848, § 16.
(a) A person commits the offense of public intoxication who appears in a public place under the influence of a controlled substance, controlled substance analogue or any other intoxicating substance to the degree that: (1) The offender may be endangered; (2) There is endangerment to other persons or property; or (3) The offender unreasonably annoys people in the vicinity.
(1) The offender may be endangered;
(2) There is endangerment to other persons or property; or
(3) The offender unreasonably annoys people in the vicinity.
(b) A violation of this section is a Class C misdemeanor.
Acts 1989, ch. 591, § 1; 2012, ch. 848, § 16.
Tenn. Code Ann. § 39-17-1501 — TN Code / Title 39 / Chapter 17 / Section 39-17-1501
Short title
Status: in_force

This part shall be known and may be cited as the "Prevention of Youth Access to Tobacco, Smoking Hemp, and Vapor Products Act." Amended by 2020 Tenn. Acts, ch. 732, s 9, eff. 1/1/2021. Amended by 2019 Tenn. Acts, ch. 303, s 2, eff. 7/1/2019. Amended by 2015 Tenn. Acts, ch. 353, s 1, eff. 7/1/2015. Acts 1994, ch. 872, § 1; 2011 , ch. 501, § 1.
This part shall be known and may be cited as the "Prevention of Youth Access to Tobacco, Smoking Hemp, and Vapor Products Act."
Amended by 2020 Tenn. Acts, ch. 732, s 9, eff. 1/1/2021.
Amended by 2019 Tenn. Acts, ch. 303, s 2, eff. 7/1/2019.
Amended by 2015 Tenn. Acts, ch. 353, s 1, eff. 7/1/2015.
Acts 1994, ch. 872, § 1; 2011 , ch. 501, § 1.
Tenn. Code Ann. § 39-14-134 — TN Code / Title 39 / Chapter 14 / Section 39-14-134
Alteration of item's permanent distinguishing numbers - Sale or possession of such item
Status: in_force

(a) A person commits a Class A misdemeanor who knowingly and with the intent to conceal or misrepresent the identity of an item: (1) Alters, covers, defaces, destroys or removes the permanent serial number, manufacturer's identification plate or other permanent distinguishing number from such item; or (2) Sells, buys or has possession of such item. (b) This section does not in any way affect §§ 55-5-111 and 55-5-112 , relative to motor vehicles. Acts 1989, ch. 591, § 1.
(a) A person commits a Class A misdemeanor who knowingly and with the intent to conceal or misrepresent the identity of an item: (1) Alters, covers, defaces, destroys or removes the permanent serial number, manufacturer's identification plate or other permanent distinguishing number from such item; or (2) Sells, buys or has possession of such item.
(1) Alters, covers, defaces, destroys or removes the permanent serial number, manufacturer's identification plate or other permanent distinguishing number from such item; or
(2) Sells, buys or has possession of such item.
(b) This section does not in any way affect §§ 55-5-111 and 55-5-112 , relative to motor vehicles.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-1319 — TN Code / Title 39 / Chapter 17 / Section 39-17-1319
Handgun possession prohibited - Exceptions
Status: in_force

(a) As used in this section and § 39-17-1320 , unless the context otherwise requires: (1) "Handgun" means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed twelve inches (12"); and (2) "Juvenile" means any person less than eighteen (18) years of age. (b) Except as provided in this section, it is an offense for a juvenile to knowingly possess a handgun. (c) (1) Illegal possession of a handgun by a juvenile is a delinquent act and, in addition to any other disposition authorized by law, the juvenile may be required to perform not more than one hundred (100) hours of community service work to be specified by the judge, and the juvenile's driving privileges shall be suspended for a period of one (1) year in accordance with the procedure set out in title 55, chapter 10, part 7. (2) A second or subsequent violation of this section is a delinquent act and, in addition to any other disposition authorized by law, the juvenile may be required to perform not less than one hundred (100) nor more than two hundred (200) hours of community service work to be specified by the judge, and the juvenile's driving privileges shall be suspended for a period of two (2) years in accordance with the procedure set out in title 55, chapter 10, part 7. (3) Any handgun illegally possessed in violation of this section shall be confiscated and disposed of in accordance with § 39-17-1317 . (d) (1) It is a defense to prosecution under this section that the juvenile is: (A) In attendance at a hunter's safety course or a firearms safety course; (B) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited; (C) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group which is exempt from federal income taxation under § 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 501(c)(3) ), as amended, and which uses firearms as part of the performance; (D) Hunting or trapping pursuant to a valid license issued to the juvenile pursuant to title 70; (E) Accompanied by the juvenile's parent or guardian and is being instructed by the adult or guardian in the use of the handgun possessed by the juvenile; (F) On real property which is under the control of an adult and has the permission of that adult and the juvenile's parent or legal guardian to possess a handgun; (G) Traveling to or from any activity described in subdivision (d)(1) with an unloaded gun; or (H) At the juvenile's residence and with the permission of the juvenile's parent or legal guardian, possesses a handgun and is justified in using physical force or deadly force. (2) For purposes of subdivision (d)(1)(G), a handgun is "unloaded" if: (A) There is not a cartridge in the chamber of the handgun; (B) There is not a cartridge in the cylinder of the handgun if the handgun is a revolver; or (C) The handgun, and the ammunition for the handgun, are not carried on the person of a juvenile or are not in such close proximity to the juvenile that the juvenile could readily gain access to the handgun and the ammunition and load the handgun. (e) Notwithstanding any other provision of this part to the contrary, this section shall govern a juvenile who possesses a handgun. Acts 1994, ch. 802, § 1.
(a) As used in this section and § 39-17-1320 , unless the context otherwise requires: (1) "Handgun" means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed twelve inches (12"); and (2) "Juvenile" means any person less than eighteen (18) years of age.
(1) "Handgun" means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed twelve inches (12"); and
(2) "Juvenile" means any person less than eighteen (18) years of age.
(b) Except as provided in this section, it is an offense for a juvenile to knowingly possess a handgun.
(c) (1) Illegal possession of a handgun by a juvenile is a delinquent act and, in addition to any other disposition authorized by law, the juvenile may be required to perform not more than one hundred (100) hours of community service work to be specified by the judge, and the juvenile's driving privileges shall be suspended for a period of one (1) year in accordance with the procedure set out in title 55, chapter 10, part 7. (2) A second or subsequent violation of this section is a delinquent act and, in addition to any other disposition authorized by law, the juvenile may be required to perform not less than one hundred (100) nor more than two hundred (200) hours of community service work to be specified by the judge, and the juvenile's driving privileges shall be suspended for a period of two (2) years in accordance with the procedure set out in title 55, chapter 10, part 7. (3) Any handgun illegally possessed in violation of this section shall be confiscated and disposed of in accordance with § 39-17-1317 .
(1) Illegal possession of a handgun by a juvenile is a delinquent act and, in addition to any other disposition authorized by law, the juvenile may be required to perform not more than one hundred (100) hours of community service work to be specified by the judge, and the juvenile's driving privileges shall be suspended for a period of one (1) year in accordance with the procedure set out in title 55, chapter 10, part 7.
(2) A second or subsequent violation of this section is a delinquent act and, in addition to any other disposition authorized by law, the juvenile may be required to perform not less than one hundred (100) nor more than two hundred (200) hours of community service work to be specified by the judge, and the juvenile's driving privileges shall be suspended for a period of two (2) years in accordance with the procedure set out in title 55, chapter 10, part 7.
(3) Any handgun illegally possessed in violation of this section shall be confiscated and disposed of in accordance with § 39-17-1317 .
(d) (1) It is a defense to prosecution under this section that the juvenile is: (A) In attendance at a hunter's safety course or a firearms safety course; (B) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited; (C) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group which is exempt from federal income taxation under § 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 501(c)(3) ), as amended, and which uses firearms as part of the performance; (D) Hunting or trapping pursuant to a valid license issued to the juvenile pursuant to title 70; (E) Accompanied by the juvenile's parent or guardian and is being instructed by the adult or guardian in the use of the handgun possessed by the juvenile; (F) On real property which is under the control of an adult and has the permission of that adult and the juvenile's parent or legal guardian to possess a handgun; (G) Traveling to or from any activity described in subdivision (d)(1) with an unloaded gun; or (H) At the juvenile's residence and with the permission of the juvenile's parent or legal guardian, possesses a handgun and is justified in using physical force or deadly force. (2) For purposes of subdivision (d)(1)(G), a handgun is "unloaded" if: (A) There is not a cartridge in the chamber of the handgun; (B) There is not a cartridge in the cylinder of the handgun if the handgun is a revolver; or (C) The handgun, and the ammunition for the handgun, are not carried on the person of a juvenile or are not in such close proximity to the juvenile that the juvenile could readily gain access to the handgun and the ammunition and load the handgun.
(1) It is a defense to prosecution under this section that the juvenile is: (A) In attendance at a hunter's safety course or a firearms safety course; (B) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited; (C) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group which is exempt from federal income taxation under § 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 501(c)(3) ), as amended, and which uses firearms as part of the performance; (D) Hunting or trapping pursuant to a valid license issued to the juvenile pursuant to title 70; (E) Accompanied by the juvenile's parent or guardian and is being instructed by the adult or guardian in the use of the handgun possessed by the juvenile; (F) On real property which is under the control of an adult and has the permission of that adult and the juvenile's parent or legal guardian to possess a handgun; (G) Traveling to or from any activity described in subdivision (d)(1) with an unloaded gun; or (H) At the juvenile's residence and with the permission of the juvenile's parent or legal guardian, possesses a handgun and is justified in using physical force or deadly force.
(A) In attendance at a hunter's safety course or a firearms safety course;
(B) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited;
(C) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group which is exempt from federal income taxation under § 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. § 501(c)(3) ), as amended, and which uses firearms as part of the performance;
(D) Hunting or trapping pursuant to a valid license issued to the juvenile pursuant to title 70;
(E) Accompanied by the juvenile's parent or guardian and is being instructed by the adult or guardian in the use of the handgun possessed by the juvenile;
(F) On real property which is under the control of an adult and has the permission of that adult and the juvenile's parent or legal guardian to possess a handgun;
(G) Traveling to or from any activity described in subdivision (d)(1) with an unloaded gun; or
(H) At the juvenile's residence and with the permission of the juvenile's parent or legal guardian, possesses a handgun and is justified in using physical force or deadly force.
(2) For purposes of subdivision (d)(1)(G), a handgun is "unloaded" if: (A) There is not a cartridge in the chamber of the handgun; (B) There is not a cartridge in the cylinder of the handgun if the handgun is a revolver; or (C) The handgun, and the ammunition for the handgun, are not carried on the person of a juvenile or are not in such close proximity to the juvenile that the juvenile could readily gain access to the handgun and the ammunition and load the handgun.
(A) There is not a cartridge in the chamber of the handgun;
(B) There is not a cartridge in the cylinder of the handgun if the handgun is a revolver; or
(C) The handgun, and the ammunition for the handgun, are not carried on the person of a juvenile or are not in such close proximity to the juvenile that the juvenile could readily gain access to the handgun and the ammunition and load the handgun.
(e) Notwithstanding any other provision of this part to the contrary, this section shall govern a juvenile who possesses a handgun.
Acts 1994, ch. 802, § 1.
Tenn. Code Ann. § 39-11-505 — TN Code / Title 39 / Chapter 11 / Section 39-11-505
Entrapment
Status: in_force

It is a defense to prosecution that law enforcement officials, acting either directly or through an agent, induced or persuaded an otherwise unwilling person to commit an unlawful act when the person was not predisposed to do so. If a defendant intends to rely on the defense of entrapment, the defendant shall give to the district attorney general a notice comparable to that required for an insanity defense under Rule 12.2 of the Tennessee Rules of Criminal Procedure. Acts 1989, ch. 591, § 1.
It is a defense to prosecution that law enforcement officials, acting either directly or through an agent, induced or persuaded an otherwise unwilling person to commit an unlawful act when the person was not predisposed to do so. If a defendant intends to rely on the defense of entrapment, the defendant shall give to the district attorney general a notice comparable to that required for an insanity defense under Rule 12.2 of the Tennessee Rules of Criminal Procedure.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-14-414 — TN Code / Title 39 / Chapter 14 / Section 39-14-414
Equal Access to Public Property Act of 2012 - Protection of public property
Status: in_force

(a) This section shall be known and may be cited as the "Equal Access to Public Property Act of 2012." (b) As used in this section, "camping" means: (1) Any of the following at any time between ten o'clock p.m. (10:00 p.m.) and seven o'clock a.m. (7:00 a.m.): (A) Erecting, placing, maintaining, leaving, allowing to remain, or using a piece of furniture, tent, raised tarp, or other temporary shelter, structure, or furniture; (B) Placing or storing personal belongings for future use, including storing food for consumption; or (C) Carrying on cooking activities, whether by fire or use of artificial means, such as a propane stove or other heat-producing portable cooking equipment; (2) Sleeping or making preparations to sleep, including laying down a sleeping bag, blanket, or other material used for bedding; (3) Making a fire or preparing to make a fire; or (4) Doing any digging or earth breaking. (c) An area of public property may be designated as a camping area by the department, agency, official or officials responsible for the operation, protection or maintenance of the property in question. The area's designation as a camping area may be accomplished by means of signage, advertisement or other notice designed to make known its availability for the activity of camping. (d) (1) It is an offense for a person to engage in camping on public property knowing that the area on which the camping occurs is not specifically designated for use as a camping area by the department or agency responsible for the land. (2) The department, agency, official, or officials responsible for the operation, protection, or maintenance of the property may designate an area as a camping area by means of signage, advertisement, or other notice designed to make known its availability for camping. However, a person shall not be guilty of a violation of subdivision (d)(1) unless the person was notified by an official responsible for the protection of the property in question that camping is prohibited and continued to engage in camping or returned within twenty-four (24) hours of the warning and continued to engage in camping. (3) A person is not guilty of a violation of subdivision (d)(1) if the person was given permission or authorization by the department, agency, or official responsible for the operation, protection, or maintenance of the property to engage in camping on the property. (4) Any items used to commit a violation of this section, including items abandoned at the location of the offense, are subject to confiscation, seizure, and claiming in accordance with subsection (e). (e) Any property subject to confiscation or seizure under subsection (d), unclaimed in connection with a violation of subsection (d), or left unattended after arrest or issuance of a citation for camping in violation of subsection (d), and taken into custody shall be held by the agency or its agent in a secure location for a period of ninety (90) days. Notice containing the contact information of the agency or agent holding the property must be posted at the nearest reasonable location to the place from which the property was removed. If the property is not claimed within ninety (90) days of being taken into custody, the property is deemed abandoned and the agency or agent may dispose of the property, unless the property is needed for evidence in a criminal proceeding. If a person claiming any such property within ninety (90) days of the property being taken into custody produces identification and signs a release form providing the person's name and contact information and swearing under oath that the property belongs to the person, the agency or agent shall return the property to the person, unless the property is needed for evidence in a criminal proceeding, in which case the property shall be returned following the conclusion of that proceeding. The agency or agent may charge such persons a reasonable storage fee for storing the property. The state, or local government, and its employees, agents, and contractors are immune from liability for property confiscated in compliance with this subsection (e). (f) A violation of this section is a Class E felony. In any sentence imposed for a violation of this section, the court shall include an order of restitution for any property damage or loss incurred as a result of the offense. (g) Nothing in this section shall be construed as preempting or preventing a department or agency with responsibility for public property from enacting or enforcing other lawful and reasonable rules, regulations, or statutes that concern the use of and access to public property. However, if any such rule, regulation or statute is in conflict with this section, it is the intent that this section shall prevail and the prohibition against camping on public property in areas not designated as camping areas be a uniform one. Amended by 2022 Tenn. Acts, ch. 986, Secs.s3, s4, s5 eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 986, s 2, eff. 7/1/2022. Amended by 2020EX2 Tenn. Acts, ch. 3, Secs.s17, s18, s19, s20 eff. 8/20/2020. Acts 2012 , ch. 535, § 1.
(a) This section shall be known and may be cited as the "Equal Access to Public Property Act of 2012."
(b) As used in this section, "camping" means: (1) Any of the following at any time between ten o'clock p.m. (10:00 p.m.) and seven o'clock a.m. (7:00 a.m.): (A) Erecting, placing, maintaining, leaving, allowing to remain, or using a piece of furniture, tent, raised tarp, or other temporary shelter, structure, or furniture; (B) Placing or storing personal belongings for future use, including storing food for consumption; or (C) Carrying on cooking activities, whether by fire or use of artificial means, such as a propane stove or other heat-producing portable cooking equipment; (2) Sleeping or making preparations to sleep, including laying down a sleeping bag, blanket, or other material used for bedding; (3) Making a fire or preparing to make a fire; or (4) Doing any digging or earth breaking.
(1) Any of the following at any time between ten o'clock p.m. (10:00 p.m.) and seven o'clock a.m. (7:00 a.m.): (A) Erecting, placing, maintaining, leaving, allowing to remain, or using a piece of furniture, tent, raised tarp, or other temporary shelter, structure, or furniture; (B) Placing or storing personal belongings for future use, including storing food for consumption; or (C) Carrying on cooking activities, whether by fire or use of artificial means, such as a propane stove or other heat-producing portable cooking equipment;
(A) Erecting, placing, maintaining, leaving, allowing to remain, or using a piece of furniture, tent, raised tarp, or other temporary shelter, structure, or furniture;
(B) Placing or storing personal belongings for future use, including storing food for consumption; or
(C) Carrying on cooking activities, whether by fire or use of artificial means, such as a propane stove or other heat-producing portable cooking equipment;
(2) Sleeping or making preparations to sleep, including laying down a sleeping bag, blanket, or other material used for bedding;
(3) Making a fire or preparing to make a fire; or
(4) Doing any digging or earth breaking.
(c) An area of public property may be designated as a camping area by the department, agency, official or officials responsible for the operation, protection or maintenance of the property in question. The area's designation as a camping area may be accomplished by means of signage, advertisement or other notice designed to make known its availability for the activity of camping.
(d) (1) It is an offense for a person to engage in camping on public property knowing that the area on which the camping occurs is not specifically designated for use as a camping area by the department or agency responsible for the land. (2) The department, agency, official, or officials responsible for the operation, protection, or maintenance of the property may designate an area as a camping area by means of signage, advertisement, or other notice designed to make known its availability for camping. However, a person shall not be guilty of a violation of subdivision (d)(1) unless the person was notified by an official responsible for the protection of the property in question that camping is prohibited and continued to engage in camping or returned within twenty-four (24) hours of the warning and continued to engage in camping. (3) A person is not guilty of a violation of subdivision (d)(1) if the person was given permission or authorization by the department, agency, or official responsible for the operation, protection, or maintenance of the property to engage in camping on the property. (4) Any items used to commit a violation of this section, including items abandoned at the location of the offense, are subject to confiscation, seizure, and claiming in accordance with subsection (e).
(1) It is an offense for a person to engage in camping on public property knowing that the area on which the camping occurs is not specifically designated for use as a camping area by the department or agency responsible for the land.
(2) The department, agency, official, or officials responsible for the operation, protection, or maintenance of the property may designate an area as a camping area by means of signage, advertisement, or other notice designed to make known its availability for camping. However, a person shall not be guilty of a violation of subdivision (d)(1) unless the person was notified by an official responsible for the protection of the property in question that camping is prohibited and continued to engage in camping or returned within twenty-four (24) hours of the warning and continued to engage in camping.
(3) A person is not guilty of a violation of subdivision (d)(1) if the person was given permission or authorization by the department, agency, or official responsible for the operation, protection, or maintenance of the property to engage in camping on the property.
(4) Any items used to commit a violation of this section, including items abandoned at the location of the offense, are subject to confiscation, seizure, and claiming in accordance with subsection (e).
(e) Any property subject to confiscation or seizure under subsection (d), unclaimed in connection with a violation of subsection (d), or left unattended after arrest or issuance of a citation for camping in violation of subsection (d), and taken into custody shall be held by the agency or its agent in a secure location for a period of ninety (90) days. Notice containing the contact information of the agency or agent holding the property must be posted at the nearest reasonable location to the place from which the property was removed. If the property is not claimed within ninety (90) days of being taken into custody, the property is deemed abandoned and the agency or agent may dispose of the property, unless the property is needed for evidence in a criminal proceeding. If a person claiming any such property within ninety (90) days of the property being taken into custody produces identification and signs a release form providing the person's name and contact information and swearing under oath that the property belongs to the person, the agency or agent shall return the property to the person, unless the property is needed for evidence in a criminal proceeding, in which case the property shall be returned following the conclusion of that proceeding. The agency or agent may charge such persons a reasonable storage fee for storing the property. The state, or local government, and its employees, agents, and contractors are immune from liability for property confiscated in compliance with this subsection (e).
(f) A violation of this section is a Class E felony. In any sentence imposed for a violation of this section, the court shall include an order of restitution for any property damage or loss incurred as a result of the offense.
(g) Nothing in this section shall be construed as preempting or preventing a department or agency with responsibility for public property from enacting or enforcing other lawful and reasonable rules, regulations, or statutes that concern the use of and access to public property. However, if any such rule, regulation or statute is in conflict with this section, it is the intent that this section shall prevail and the prohibition against camping on public property in areas not designated as camping areas be a uniform one.
Amended by 2022 Tenn. Acts, ch. 986, Secs.s3, s4, s5 eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 986, s 2, eff. 7/1/2022.
Amended by 2020EX2 Tenn. Acts, ch. 3, Secs.s17, s18, s19, s20 eff. 8/20/2020.
Acts 2012 , ch. 535, § 1.
Tenn. Code Ann. § 39-13-506 — TN Code / Title 39 / Chapter 13 / Section 39-13-506
Mitigated statutory rape - Statutory rape - Aggravated statutory rape
Status: in_force

(a) Mitigated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim when the victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is at least four (4) but not more than five (5) years older than the victim. (b) Statutory rape is the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when: (1) The victim is at least thirteen (13) but less than fifteen (15) years of age and the defendant is at least four (4) years but less than ten (10) years older than the victim; or (2) The victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is more than five (5) but less than ten (10) years older than the victim. (c) Aggravated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim when the victim is at least thirteen (13) but less than eighteen (18) years of age and the defendant is at least ten (10) years older than the victim. (d) (1) Mitigated statutory rape is a Class E felony. (2) (A) Statutory rape is a Class E felony. (B) In addition to the punishment provided for a person who commits statutory rape for the first time, the trial judge may order, after taking into account the facts and circumstances surrounding the offense, including the offense for which the person was originally charged and whether the conviction was the result of a plea bargain agreement, that the person be required to register as a sexual offender pursuant to title 40, chapter 39, part 2. (3) Aggravated statutory rape is a Class D felony. Acts 1989, ch. 591, § 1; 1990, ch. 980, § 4; 1994, ch. 719, § 1; 2005, ch. 487, § 4; 2006, ch. 890, § 5; 2007, ch. 594, § 7; 2012, ch. 883, § 1.
(a) Mitigated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim when the victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is at least four (4) but not more than five (5) years older than the victim.
(b) Statutory rape is the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when: (1) The victim is at least thirteen (13) but less than fifteen (15) years of age and the defendant is at least four (4) years but less than ten (10) years older than the victim; or (2) The victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is more than five (5) but less than ten (10) years older than the victim.
(1) The victim is at least thirteen (13) but less than fifteen (15) years of age and the defendant is at least four (4) years but less than ten (10) years older than the victim; or
(2) The victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is more than five (5) but less than ten (10) years older than the victim.
(c) Aggravated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim when the victim is at least thirteen (13) but less than eighteen (18) years of age and the defendant is at least ten (10) years older than the victim.
(d) (1) Mitigated statutory rape is a Class E felony. (2) (A) Statutory rape is a Class E felony. (B) In addition to the punishment provided for a person who commits statutory rape for the first time, the trial judge may order, after taking into account the facts and circumstances surrounding the offense, including the offense for which the person was originally charged and whether the conviction was the result of a plea bargain agreement, that the person be required to register as a sexual offender pursuant to title 40, chapter 39, part 2. (3) Aggravated statutory rape is a Class D felony.
(1) Mitigated statutory rape is a Class E felony.
(2) (A) Statutory rape is a Class E felony. (B) In addition to the punishment provided for a person who commits statutory rape for the first time, the trial judge may order, after taking into account the facts and circumstances surrounding the offense, including the offense for which the person was originally charged and whether the conviction was the result of a plea bargain agreement, that the person be required to register as a sexual offender pursuant to title 40, chapter 39, part 2.
(A) Statutory rape is a Class E felony.
(B) In addition to the punishment provided for a person who commits statutory rape for the first time, the trial judge may order, after taking into account the facts and circumstances surrounding the offense, including the offense for which the person was originally charged and whether the conviction was the result of a plea bargain agreement, that the person be required to register as a sexual offender pursuant to title 40, chapter 39, part 2.
(3) Aggravated statutory rape is a Class D felony.
Acts 1989, ch. 591, § 1; 1990, ch. 980, § 4; 1994, ch. 719, § 1; 2005, ch. 487, § 4; 2006, ch. 890, § 5; 2007, ch. 594, § 7; 2012, ch. 883, § 1.
Tenn. Code Ann. § 39-17-414 — TN Code / Title 39 / Chapter 17 / Section 39-17-414
Controlled substances in Schedule V
Status: in_force

(a) Schedule V 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 containing non-narcotic active medicinal ingredients. Any 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, which shall include one (1) or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by narcotic drugs alone: (1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams; (2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams; (3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams; (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit; (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams; or (6) Not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit. (c) Stimulants, unless specifically exempted or excluded, 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) Pyrovalerone. (d) Depressants, unless specifically exempted or excluded or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts: (1) Brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl] butanamide); (2) Ezogabine [N-[2-amino-4-(4-fluorobenzylamino)-phenyl]-carbamic acid ethyl ester]; (3) Gabapentin [1-(aminomethyl)cyclohexaneacetic acid]; (4) Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide]; or (5) Pregabalin [(S)-3-(aminomethyl)-5-methylhexonoic acid]. Amended by 2018 Tenn. Acts, ch. 1040,s 9, eff. 7/1/2018. Amended by 2015 Tenn. Acts, ch. 302,s 5, eff. 7/1/2015. Acts 1989, ch. 591, § 1; 2007, ch. 298, §§ 14, 15; 2012, ch. 812, § 5.
(a) Schedule V 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 containing non-narcotic active medicinal ingredients. Any 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, which shall include one (1) or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by narcotic drugs alone: (1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams; (2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams; (3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams; (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit; (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams; or (6) Not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
(1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;
(5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams; or
(6) Not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
(c) Stimulants, unless specifically exempted or excluded, 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) Pyrovalerone.
(1) Pyrovalerone.
(d) Depressants, unless specifically exempted or excluded or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts: (1) Brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl] butanamide); (2) Ezogabine [N-[2-amino-4-(4-fluorobenzylamino)-phenyl]-carbamic acid ethyl ester]; (3) Gabapentin [1-(aminomethyl)cyclohexaneacetic acid]; (4) Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide]; or (5) Pregabalin [(S)-3-(aminomethyl)-5-methylhexonoic acid].
(1) Brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl] butanamide);
(2) Ezogabine [N-[2-amino-4-(4-fluorobenzylamino)-phenyl]-carbamic acid ethyl ester];
(3) Gabapentin [1-(aminomethyl)cyclohexaneacetic acid];
(4) Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide]; or
(5) Pregabalin [(S)-3-(aminomethyl)-5-methylhexonoic acid].
Amended by 2018 Tenn. Acts, ch. 1040,s 9, eff. 7/1/2018.
Amended by 2015 Tenn. Acts, ch. 302,s 5, eff. 7/1/2015.
Acts 1989, ch. 591, § 1; 2007, ch. 298, §§ 14, 15; 2012, ch. 812, § 5.
Tenn. Code Ann. § 39-13-810 — TN Code / Title 39 / Chapter 13 / Section 39-13-810
Forfeiture of property associated with terrorist acts
Status: in_force

(a) All property, both personal and real, including money, vehicles, and other property used, or intended for use, in the course of, derived from, or realized through conduct in violation of this part, is subject to seizure and forfeiture to the state. (b) (1) The following people or agencies may make a claim with the court where the conviction occurs for reimbursement for damages caused by or costs associated with the investigation and prosecution of the criminal violations, or the seizure and forfeiture of property under this part: (A) Any person who suffers personal injury or property damage from the offense or any person entitled to bring suit pursuant to § 20-5-106 for death resulting from the offense; or (B) The law enforcement agency or other governmental agency that participated in the investigation, mitigation, or prosecution of the criminal offense or that participated in the seizure and forfeiture. (2) No interest in real or personal property, money, or other assets seized shall be subject to forfeiture pursuant to this section if the court finds at least one (1) of the following: (A) The owner or interest holder acquired the property before the conduct alleged to give rise to its forfeiture; or (B) The owner or interest holder acquired the property during or after the conduct alleged to give rise to its forfeiture, and the owner or interest holder acquired this interest as a good faith purchaser for value, or acquired this interest in a commercially reasonable manner, and the owner or interest holder: (i) Acted reasonably to prevent the conduct giving rise to forfeiture; or (ii) Did not know of the acts giving rise to forfeiture. (3) No interest in real or personal property, money, or any other item subject to forfeiture under this section shall be seized or forfeited, unless the owner or interest holder is convicted of a crime or crimes prohibited by this part. If the owner or interest holder is an entity other than a natural person, the property shall not be forfeited unless the entity's officer, employee, or agent is convicted of the crime or crimes under this part, and the state shall also have the burden to establish beyond a reasonable doubt the following additional elements: (A) The conviction is based on acts by the defendant in the course of and within the scope of the defendant's employment; and (B) The entity knew or had reason to know from information in the entity's possession, other than through its convicted officer, employee, or agent, of the criminal nature of the acts. (4) If the owner or interest holder in the seized property is not convicted of a violation of this part and is no longer subject to prosecution for the conduct giving rise to the forfeiture action, the property shall be returned to the owner or interest holder, unless the property is otherwise subject to forfeiture. The owner or interest holder may subsequently file a petition with the court that had jurisdiction over the forfeiture claim to recover reasonable attorney's fees and any actual damages resulting from the seizure and forfeiture proceedings. (c) The state may stipulate that the interest of an owner or interest holder is exempt from forfeiture upon presentation of proof of the claim as provided in § 39-11-704 . (d) All property seized and forfeited pursuant to this section shall be sold at public auction, and the proceeds from the sale shall be distributed as follows: (1) Any victim of the offense may file a claim with the court prior to the defendant's determination of guilt. Any claim the court finds to be verified and a result of the offense shall be approved by the court and paid first from the proceeds. The court shall determine the proper amount of damages using the restitution procedure in § 40-35-304 , but this section and § 39-13-811 shall prevail with regard to the scope of damages for which a victim may claim; (2) The costs of investigation shall be paid to the law enforcement agency or governmental agency that conducted the investigation; provided: (A) If more than one (1) law enforcement agency or governmental agency equally conducted the investigation, the costs of investigation shall be paid equally to the law enforcement agencies and governmental agencies conducting the investigation; and (B) If one (1) law enforcement agency or governmental agency primarily conducted the investigation, the costs of investigation first shall be paid to that law enforcement agency or governmental agency, with actual vouchered costs reimbursed on a pro rata basis to the other law enforcement agencies or governmental agencies participating in the investigation, not to exceed ten percent (10%) of the costs of investigation allocated to the primary law enforcement agency or governmental agency; (3) The remainder of the proceeds shall be paid on a pro rata basis to a law enforcement agency or governmental agency that participated in the mitigation, seizure, or forfeiture process. Added by 2015 Tenn. Acts, ch. 441,s 1, eff. 7/1/2015.
(a) All property, both personal and real, including money, vehicles, and other property used, or intended for use, in the course of, derived from, or realized through conduct in violation of this part, is subject to seizure and forfeiture to the state.
(b) (1) The following people or agencies may make a claim with the court where the conviction occurs for reimbursement for damages caused by or costs associated with the investigation and prosecution of the criminal violations, or the seizure and forfeiture of property under this part: (A) Any person who suffers personal injury or property damage from the offense or any person entitled to bring suit pursuant to § 20-5-106 for death resulting from the offense; or (B) The law enforcement agency or other governmental agency that participated in the investigation, mitigation, or prosecution of the criminal offense or that participated in the seizure and forfeiture. (2) No interest in real or personal property, money, or other assets seized shall be subject to forfeiture pursuant to this section if the court finds at least one (1) of the following: (A) The owner or interest holder acquired the property before the conduct alleged to give rise to its forfeiture; or (B) The owner or interest holder acquired the property during or after the conduct alleged to give rise to its forfeiture, and the owner or interest holder acquired this interest as a good faith purchaser for value, or acquired this interest in a commercially reasonable manner, and the owner or interest holder: (i) Acted reasonably to prevent the conduct giving rise to forfeiture; or (ii) Did not know of the acts giving rise to forfeiture. (3) No interest in real or personal property, money, or any other item subject to forfeiture under this section shall be seized or forfeited, unless the owner or interest holder is convicted of a crime or crimes prohibited by this part. If the owner or interest holder is an entity other than a natural person, the property shall not be forfeited unless the entity's officer, employee, or agent is convicted of the crime or crimes under this part, and the state shall also have the burden to establish beyond a reasonable doubt the following additional elements: (A) The conviction is based on acts by the defendant in the course of and within the scope of the defendant's employment; and (B) The entity knew or had reason to know from information in the entity's possession, other than through its convicted officer, employee, or agent, of the criminal nature of the acts. (4) If the owner or interest holder in the seized property is not convicted of a violation of this part and is no longer subject to prosecution for the conduct giving rise to the forfeiture action, the property shall be returned to the owner or interest holder, unless the property is otherwise subject to forfeiture. The owner or interest holder may subsequently file a petition with the court that had jurisdiction over the forfeiture claim to recover reasonable attorney's fees and any actual damages resulting from the seizure and forfeiture proceedings.
(1) The following people or agencies may make a claim with the court where the conviction occurs for reimbursement for damages caused by or costs associated with the investigation and prosecution of the criminal violations, or the seizure and forfeiture of property under this part: (A) Any person who suffers personal injury or property damage from the offense or any person entitled to bring suit pursuant to § 20-5-106 for death resulting from the offense; or (B) The law enforcement agency or other governmental agency that participated in the investigation, mitigation, or prosecution of the criminal offense or that participated in the seizure and forfeiture.
(A) Any person who suffers personal injury or property damage from the offense or any person entitled to bring suit pursuant to § 20-5-106 for death resulting from the offense; or
(B) The law enforcement agency or other governmental agency that participated in the investigation, mitigation, or prosecution of the criminal offense or that participated in the seizure and forfeiture.
(2) No interest in real or personal property, money, or other assets seized shall be subject to forfeiture pursuant to this section if the court finds at least one (1) of the following: (A) The owner or interest holder acquired the property before the conduct alleged to give rise to its forfeiture; or (B) The owner or interest holder acquired the property during or after the conduct alleged to give rise to its forfeiture, and the owner or interest holder acquired this interest as a good faith purchaser for value, or acquired this interest in a commercially reasonable manner, and the owner or interest holder: (i) Acted reasonably to prevent the conduct giving rise to forfeiture; or (ii) Did not know of the acts giving rise to forfeiture.
(A) The owner or interest holder acquired the property before the conduct alleged to give rise to its forfeiture; or
(B) The owner or interest holder acquired the property during or after the conduct alleged to give rise to its forfeiture, and the owner or interest holder acquired this interest as a good faith purchaser for value, or acquired this interest in a commercially reasonable manner, and the owner or interest holder: (i) Acted reasonably to prevent the conduct giving rise to forfeiture; or (ii) Did not know of the acts giving rise to forfeiture.
(i) Acted reasonably to prevent the conduct giving rise to forfeiture; or
(ii) Did not know of the acts giving rise to forfeiture.
(3) No interest in real or personal property, money, or any other item subject to forfeiture under this section shall be seized or forfeited, unless the owner or interest holder is convicted of a crime or crimes prohibited by this part. If the owner or interest holder is an entity other than a natural person, the property shall not be forfeited unless the entity's officer, employee, or agent is convicted of the crime or crimes under this part, and the state shall also have the burden to establish beyond a reasonable doubt the following additional elements: (A) The conviction is based on acts by the defendant in the course of and within the scope of the defendant's employment; and (B) The entity knew or had reason to know from information in the entity's possession, other than through its convicted officer, employee, or agent, of the criminal nature of the acts.
(A) The conviction is based on acts by the defendant in the course of and within the scope of the defendant's employment; and
(B) The entity knew or had reason to know from information in the entity's possession, other than through its convicted officer, employee, or agent, of the criminal nature of the acts.
(4) If the owner or interest holder in the seized property is not convicted of a violation of this part and is no longer subject to prosecution for the conduct giving rise to the forfeiture action, the property shall be returned to the owner or interest holder, unless the property is otherwise subject to forfeiture. The owner or interest holder may subsequently file a petition with the court that had jurisdiction over the forfeiture claim to recover reasonable attorney's fees and any actual damages resulting from the seizure and forfeiture proceedings.
(c) The state may stipulate that the interest of an owner or interest holder is exempt from forfeiture upon presentation of proof of the claim as provided in § 39-11-704 .
(d) All property seized and forfeited pursuant to this section shall be sold at public auction, and the proceeds from the sale shall be distributed as follows: (1) Any victim of the offense may file a claim with the court prior to the defendant's determination of guilt. Any claim the court finds to be verified and a result of the offense shall be approved by the court and paid first from the proceeds. The court shall determine the proper amount of damages using the restitution procedure in § 40-35-304 , but this section and § 39-13-811 shall prevail with regard to the scope of damages for which a victim may claim; (2) The costs of investigation shall be paid to the law enforcement agency or governmental agency that conducted the investigation; provided: (A) If more than one (1) law enforcement agency or governmental agency equally conducted the investigation, the costs of investigation shall be paid equally to the law enforcement agencies and governmental agencies conducting the investigation; and (B) If one (1) law enforcement agency or governmental agency primarily conducted the investigation, the costs of investigation first shall be paid to that law enforcement agency or governmental agency, with actual vouchered costs reimbursed on a pro rata basis to the other law enforcement agencies or governmental agencies participating in the investigation, not to exceed ten percent (10%) of the costs of investigation allocated to the primary law enforcement agency or governmental agency; (3) The remainder of the proceeds shall be paid on a pro rata basis to a law enforcement agency or governmental agency that participated in the mitigation, seizure, or forfeiture process.
(1) Any victim of the offense may file a claim with the court prior to the defendant's determination of guilt. Any claim the court finds to be verified and a result of the offense shall be approved by the court and paid first from the proceeds. The court shall determine the proper amount of damages using the restitution procedure in § 40-35-304 , but this section and § 39-13-811 shall prevail with regard to the scope of damages for which a victim may claim;
(2) The costs of investigation shall be paid to the law enforcement agency or governmental agency that conducted the investigation; provided: (A) If more than one (1) law enforcement agency or governmental agency equally conducted the investigation, the costs of investigation shall be paid equally to the law enforcement agencies and governmental agencies conducting the investigation; and (B) If one (1) law enforcement agency or governmental agency primarily conducted the investigation, the costs of investigation first shall be paid to that law enforcement agency or governmental agency, with actual vouchered costs reimbursed on a pro rata basis to the other law enforcement agencies or governmental agencies participating in the investigation, not to exceed ten percent (10%) of the costs of investigation allocated to the primary law enforcement agency or governmental agency;
(A) If more than one (1) law enforcement agency or governmental agency equally conducted the investigation, the costs of investigation shall be paid equally to the law enforcement agencies and governmental agencies conducting the investigation; and
(B) If one (1) law enforcement agency or governmental agency primarily conducted the investigation, the costs of investigation first shall be paid to that law enforcement agency or governmental agency, with actual vouchered costs reimbursed on a pro rata basis to the other law enforcement agencies or governmental agencies participating in the investigation, not to exceed ten percent (10%) of the costs of investigation allocated to the primary law enforcement agency or governmental agency;
(3) The remainder of the proceeds shall be paid on a pro rata basis to a law enforcement agency or governmental agency that participated in the mitigation, seizure, or forfeiture process.
Added by 2015 Tenn. Acts, ch. 441,s 1, eff. 7/1/2015.
Tenn. Code Ann. § 39-13-206 — TN Code / Title 39 / Chapter 13 / Section 39-13-206
Appeal and review of death sentence
Status: in_force

(a) (1) Whenever the death penalty is imposed for an offense and when the judgment has become final in the trial court, the Tennessee supreme court shall automatically review the conviction and the sentence of death. Upon the conviction becoming final in the trial court, the clerk shall docket the case in the supreme court and the case shall proceed in accordance with the Tennessee Rules of Appellate Procedure. (2) If the defendant has been convicted of an offense and sentenced to death, the record as to guilt and sentence shall be expeditiously filed with the Tennessee supreme court within the time limit provision of Tennessee Rules of Appellate Procedure, Rules 24 and 25. If the defendant has been convicted of other offenses than the offense that is punishable by death at the same trial where a death sentence is imposed, the Tennessee supreme court has authority to review by direct appeal the other crimes, if appealed by the defendant with the conviction for an offense that is punishable by death and sentence of death. (b) The appeal of the conviction for an offense that is punishable by death and the review of the sentence of death has priority over all other cases and shall be heard according to the rules promulgated by the Tennessee supreme court. The Tennessee supreme court shall first consider any errors assigned and then the court shall review the sentence of death. (c) (1) In reviewing a sentence of death, the Tennessee supreme court shall determine whether: (A) The sentence of death was imposed in any arbitrary fashion; (B) The evidence supports the jury's finding of statutory aggravating circumstance or circumstances; (C) The evidence supports the jury's finding that the aggravating circumstance or circumstances outweigh any mitigating circumstances; and (D) The sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the nature of the crime and the defendant. (2) The Tennessee supreme court may promulgate rules as it deems appropriate to establish such procedures as are necessary to enable it to properly review the death sentence. (d) In addition to its other authority regarding correction of errors, the Tennessee supreme court, in reviewing a death sentence, is authorized to: (1) Affirm the sentence of death; or (2) Modify the punishment to imprisonment for life without possibility of parole or, if applicable, imprisonment for life. (e) In the event that any provision of §§ 39-13-202 - 39-13-205 or this section, or the application of the sections, to any individual or circumstance is held to be invalid or unconstitutional so as to permanently preclude a sentence of death as to that individual, the court having jurisdiction over the individual previously sentenced to death shall cause the individual to be brought before the proper court, which shall, following a sentencing hearing conducted in accordance with § 39-13-207 , sentence the person to imprisonment for life without possibility of parole or, if applicable, imprisonment for life. Amended by 2024 Tenn. Acts, ch. 951,s 22, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 951,s 21, eff. 7/1/2024. Amended by 2022 Tenn. Acts, ch. 1062, s 8, eff. on the thirtieth day following the occurrence of either : (1) The issuance of the judgment in a decision of the United States supreme court overruling, in whole or in relevant part, Kennedy v. Louisiana, 554 U.S. 407 (2008); or (2) The ratification of an amendment to the Constitution of the United States approving the use of the death penalty as punishment for the conviction of an offense involving the infliction of severe physical and mental pain and suffering upon the victim with the intent to perpetrate first degree murder that does not result in the death of the victim.
(a) (1) Whenever the death penalty is imposed for an offense and when the judgment has become final in the trial court, the Tennessee supreme court shall automatically review the conviction and the sentence of death. Upon the conviction becoming final in the trial court, the clerk shall docket the case in the supreme court and the case shall proceed in accordance with the Tennessee Rules of Appellate Procedure. (2) If the defendant has been convicted of an offense and sentenced to death, the record as to guilt and sentence shall be expeditiously filed with the Tennessee supreme court within the time limit provision of Tennessee Rules of Appellate Procedure, Rules 24 and 25. If the defendant has been convicted of other offenses than the offense that is punishable by death at the same trial where a death sentence is imposed, the Tennessee supreme court has authority to review by direct appeal the other crimes, if appealed by the defendant with the conviction for an offense that is punishable by death and sentence of death.
(1) Whenever the death penalty is imposed for an offense and when the judgment has become final in the trial court, the Tennessee supreme court shall automatically review the conviction and the sentence of death. Upon the conviction becoming final in the trial court, the clerk shall docket the case in the supreme court and the case shall proceed in accordance with the Tennessee Rules of Appellate Procedure.
(2) If the defendant has been convicted of an offense and sentenced to death, the record as to guilt and sentence shall be expeditiously filed with the Tennessee supreme court within the time limit provision of Tennessee Rules of Appellate Procedure, Rules 24 and 25. If the defendant has been convicted of other offenses than the offense that is punishable by death at the same trial where a death sentence is imposed, the Tennessee supreme court has authority to review by direct appeal the other crimes, if appealed by the defendant with the conviction for an offense that is punishable by death and sentence of death.
(b) The appeal of the conviction for an offense that is punishable by death and the review of the sentence of death has priority over all other cases and shall be heard according to the rules promulgated by the Tennessee supreme court. The Tennessee supreme court shall first consider any errors assigned and then the court shall review the sentence of death.
(c) (1) In reviewing a sentence of death, the Tennessee supreme court shall determine whether: (A) The sentence of death was imposed in any arbitrary fashion; (B) The evidence supports the jury's finding of statutory aggravating circumstance or circumstances; (C) The evidence supports the jury's finding that the aggravating circumstance or circumstances outweigh any mitigating circumstances; and (D) The sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the nature of the crime and the defendant. (2) The Tennessee supreme court may promulgate rules as it deems appropriate to establish such procedures as are necessary to enable it to properly review the death sentence.
(1) In reviewing a sentence of death, the Tennessee supreme court shall determine whether: (A) The sentence of death was imposed in any arbitrary fashion; (B) The evidence supports the jury's finding of statutory aggravating circumstance or circumstances; (C) The evidence supports the jury's finding that the aggravating circumstance or circumstances outweigh any mitigating circumstances; and (D) The sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the nature of the crime and the defendant.
(A) The sentence of death was imposed in any arbitrary fashion;
(B) The evidence supports the jury's finding of statutory aggravating circumstance or circumstances;
(C) The evidence supports the jury's finding that the aggravating circumstance or circumstances outweigh any mitigating circumstances; and
(D) The sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the nature of the crime and the defendant.
(2) The Tennessee supreme court may promulgate rules as it deems appropriate to establish such procedures as are necessary to enable it to properly review the death sentence.
(d) In addition to its other authority regarding correction of errors, the Tennessee supreme court, in reviewing a death sentence, is authorized to: (1) Affirm the sentence of death; or (2) Modify the punishment to imprisonment for life without possibility of parole or, if applicable, imprisonment for life.
(1) Affirm the sentence of death; or
(2) Modify the punishment to imprisonment for life without possibility of parole or, if applicable, imprisonment for life.
(e) In the event that any provision of §§ 39-13-202 - 39-13-205 or this section, or the application of the sections, to any individual or circumstance is held to be invalid or unconstitutional so as to permanently preclude a sentence of death as to that individual, the court having jurisdiction over the individual previously sentenced to death shall cause the individual to be brought before the proper court, which shall, following a sentencing hearing conducted in accordance with § 39-13-207 , sentence the person to imprisonment for life without possibility of parole or, if applicable, imprisonment for life.
Amended by 2024 Tenn. Acts, ch. 951,s 22, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 951,s 21, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1062, s 8, eff. on the thirtieth day following the occurrence of either : (1) The issuance of the judgment in a decision of the United States supreme court overruling, in whole or in relevant part, Kennedy v. Louisiana, 554 U.S. 407 (2008); or (2) The ratification of an amendment to the Constitution of the United States approving the use of the death penalty as punishment for the conviction of an offense involving the infliction of severe physical and mental pain and suffering upon the victim with the intent to perpetrate first degree murder that does not result in the death of the victim.
Tenn. Code Ann. § 39-15-412 — TN Code / Title 39 / Chapter 15 / Section 39-15-412
Multiple violations
Status: in_force

(a) Any vendor of smoking paraphernalia convicted of violating §§ 39-15-408 - 39-15-411 on three (3) separate occasions is prohibited from selling smoking paraphernalia, or from possession of smoking paraphernalia for resale, for a period of five (5) years from the date of the last conviction. (b) A violation of this prohibition is a Class B misdemeanor. Acts 1989, ch. 591, § 1; 1994, ch. 872, § 11.
(a) Any vendor of smoking paraphernalia convicted of violating §§ 39-15-408 - 39-15-411 on three (3) separate occasions is prohibited from selling smoking paraphernalia, or from possession of smoking paraphernalia for resale, for a period of five (5) years from the date of the last conviction.
(b) A violation of this prohibition is a Class B misdemeanor.
Acts 1989, ch. 591, § 1; 1994, ch. 872, § 11.
Tenn. Code Ann. § 39-16-101 — TN Code / Title 39 / Chapter 16 / Section 39-16-101
Definitions for bribery offenses
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Juror" means any person who is a member of any jury, including a grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury. "Juror" also includes any person who has been summoned or whose name has been drawn to attend as a prospective juror; (2) "Party officer" means a person who holds any position or office in a political party, whether by election, appointment or otherwise; and (3) "Pecuniary benefit" means benefit in the form of money, property, commercial interests or anything else, the primary significance of which is economic gain. Acts 1989, ch. 591, § 1.
As used in this part, unless the context otherwise requires:
(1) "Juror" means any person who is a member of any jury, including a grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury. "Juror" also includes any person who has been summoned or whose name has been drawn to attend as a prospective juror;
(2) "Party officer" means a person who holds any position or office in a political party, whether by election, appointment or otherwise; and
(3) "Pecuniary benefit" means benefit in the form of money, property, commercial interests or anything else, the primary significance of which is economic gain.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-16-516 — TN Code / Title 39 / Chapter 16 / Section 39-16-516
Traffic offense citation quotas - Performance standards
Status: in_force

(a) A public official or public employee shall not establish or maintain, formally or informally, a plan to evaluate, promote, compensate, or discipline a law enforcement officer solely by the issuance of a predetermined or specified number of any type or combination of types of traffic citations. (b) A public official or public employee shall not require or suggest to a law enforcement officer that the law enforcement officer is required or expected to issue a predetermined or specified number of any type or combination of types of traffic citations within a specified period. (c) Nothing in this section prohibits a municipal corporation, a political subdivision, or any agency of this state from establishing performance standards for law enforcement officers that include issuance of traffic citations but do not require issuance of a predetermined or specified number or any type or combination of types of citations as the sole means of meeting the performance standards. (d) A violation of this section is a Class B misdemeanor, subject to fine only. (e) As used in this section: (1) "Public employee" means any person holding a position by appointment or employment in the service of a public employer; (2) "Public employer" means: (A) The state of Tennessee; or (B) A county, city, town, municipality, or any other political subdivision of the state; (3) "Public official" means a person elected to any office or entity of state or local government; and (4) "Traffic offense" means an offense under title 55. Amended by 2020 Tenn. Acts, ch. 801, s 1, eff. 10/1/2020. Acts 2010 , ch. 1000, § 1.
(a) A public official or public employee shall not establish or maintain, formally or informally, a plan to evaluate, promote, compensate, or discipline a law enforcement officer solely by the issuance of a predetermined or specified number of any type or combination of types of traffic citations.
(b) A public official or public employee shall not require or suggest to a law enforcement officer that the law enforcement officer is required or expected to issue a predetermined or specified number of any type or combination of types of traffic citations within a specified period.
(c) Nothing in this section prohibits a municipal corporation, a political subdivision, or any agency of this state from establishing performance standards for law enforcement officers that include issuance of traffic citations but do not require issuance of a predetermined or specified number or any type or combination of types of citations as the sole means of meeting the performance standards.
(d) A violation of this section is a Class B misdemeanor, subject to fine only.
(e) As used in this section: (1) "Public employee" means any person holding a position by appointment or employment in the service of a public employer; (2) "Public employer" means: (A) The state of Tennessee; or (B) A county, city, town, municipality, or any other political subdivision of the state; (3) "Public official" means a person elected to any office or entity of state or local government; and (4) "Traffic offense" means an offense under title 55.
(1) "Public employee" means any person holding a position by appointment or employment in the service of a public employer;
(2) "Public employer" means: (A) The state of Tennessee; or (B) A county, city, town, municipality, or any other political subdivision of the state;
(A) The state of Tennessee; or
(B) A county, city, town, municipality, or any other political subdivision of the state;
(3) "Public official" means a person elected to any office or entity of state or local government; and
(4) "Traffic offense" means an offense under title 55.
Amended by 2020 Tenn. Acts, ch. 801, s 1, eff. 10/1/2020.
Acts 2010 , ch. 1000, § 1.
Tenn. Code Ann. § 39-17-601 — TN Code / Title 39 / Chapter 17 / Section 39-17-601
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Annual event" means an event: (A) Authorized by a two-thirds (2/3) vote of all members elected to each house of the general assembly; (B) Operated for the benefit of a nonprofit organization located in Tennessee; (C) Conducted with a single type of lottery game, as defined in § 3-17-102 ; (D) Conducted on an event date, as defined in § 3-17-102 ; and (E) Conducted at a location within a county where the organization maintains a physical presence; (2) "Corporation" means the Tennessee Education Lottery Corporation or its successor; (3) "Proof of age" means a driver license or other generally accepted means of identification that describes the individual as eighteen (18) years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid; (4) "State lottery game" means any game of chance approved and operated pursuant to title 4, chapter 51, part 1, including, but not limited to, instant tickets, online games, and games using mechanical or electronic devices; (5) "State lottery retailer" means: (A) A person who sells state lottery tickets or shares on behalf of the corporation pursuant to a contract or an employee or agent of the person; or (B) The corporation or an employee or agent of the corporation; and (6) "State lottery ticket or share" means a lottery ticket or share issued by, or under the authority of, the corporation for evidence of participation in a state lottery game. Amended by 2015 Tenn. Acts, ch. 134,s 24, eff. 4/14/2015. Acts 2003, ch. 297, § 8; 2004, ch. 476, § 7.
As used in this part, unless the context otherwise requires:
(1) "Annual event" means an event: (A) Authorized by a two-thirds (2/3) vote of all members elected to each house of the general assembly; (B) Operated for the benefit of a nonprofit organization located in Tennessee; (C) Conducted with a single type of lottery game, as defined in § 3-17-102 ; (D) Conducted on an event date, as defined in § 3-17-102 ; and (E) Conducted at a location within a county where the organization maintains a physical presence;
(A) Authorized by a two-thirds (2/3) vote of all members elected to each house of the general assembly;
(B) Operated for the benefit of a nonprofit organization located in Tennessee;
(C) Conducted with a single type of lottery game, as defined in § 3-17-102 ;
(D) Conducted on an event date, as defined in § 3-17-102 ; and
(E) Conducted at a location within a county where the organization maintains a physical presence;
(2) "Corporation" means the Tennessee Education Lottery Corporation or its successor;
(3) "Proof of age" means a driver license or other generally accepted means of identification that describes the individual as eighteen (18) years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid;
(4) "State lottery game" means any game of chance approved and operated pursuant to title 4, chapter 51, part 1, including, but not limited to, instant tickets, online games, and games using mechanical or electronic devices;
(5) "State lottery retailer" means: (A) A person who sells state lottery tickets or shares on behalf of the corporation pursuant to a contract or an employee or agent of the person; or (B) The corporation or an employee or agent of the corporation; and
(A) A person who sells state lottery tickets or shares on behalf of the corporation pursuant to a contract or an employee or agent of the person; or
(B) The corporation or an employee or agent of the corporation; and
(6) "State lottery ticket or share" means a lottery ticket or share issued by, or under the authority of, the corporation for evidence of participation in a state lottery game.
Amended by 2015 Tenn. Acts, ch. 134,s 24, eff. 4/14/2015.
Acts 2003, ch. 297, § 8; 2004, ch. 476, § 7.
Tenn. Code Ann. § 39-17-438 — TN Code / Title 39 / Chapter 17 / Section 39-17-438
Production, manufacture, distribution or possession of salvia divinorum A
Status: in_force

(a) (1) Unless specifically excepted or unless listed in another schedule, it is an offense to knowingly produce, manufacture, distribute, possess, or possess with intent to produce, manufacture, or distribute the active chemical ingredient in the hallucinogenic plant salvia divinorum or the following synthetic cannabinoids, including any of their isomers, esters, or salts: (A) (6a,10a)-9-(hydroxymethyl)-6,6-dimethyl-3-(2methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; including, but not limited to, HU 210 or HU 211; (B) Naphthoylindoles being any compound structurally derived from 3-(1-naphthoyl) indole with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to JWH-015; JWH-210; AM-1220; or MAM-2201; (C) Naphthylmethylindoles being any compound structurally derived from a 1-H-indole-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to, JWH-175; JWH-184; or JWH-199; (D) Naphthoylpyrroles, being any compound structurally derived from 3-(1-naphthoyl) pyrrole with substitution at the nitrogen atom of the pyrrole ring whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to, JWH-307; (E) Naphthylmethylindenes, being any compound structurally derived from 1-(1-naphthylmethyl) indene with substitution at the 3-position of the indene ring whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to, JWH-176; (F) Phenylacetylindoles, being any compound structurally derived from 3-phenylacetylindole with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent; including, but not limited to, JWH-167; JWH-201; JWH-251; or JWH-302; (G) Cyclohexylphenols, being any compound structurally derived from 2-(3-hydroxycyclohexyl) phenol with substitution at the 5-position of the phenolic ring whether or not further substituted in the cyclohexyl ring to any extent; including, but not limited to, the dimethylhexyl or dimethylnonyl homologues of CP 47,497; (H) Tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives, except where contained in cannabis or cannabis resin; (I) Benzoylindoles, being any compound containing a 3-(benzoyl) indole structure with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent; including, but not limited to, Pravadoline (WIN 48,098); AM-1241; or AM-2233; (J) WIN-55; 212-2 or 2,3-Dihydro-5-methyl-3-(4-Morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone; (K) Cyclopropanoylindoles, being any compound structurally derived from a 3-(cyclopropylmethanoyl) indole structure with substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted in the cyclopropyl ring to any extent; including, but not limited to, A-796,260; (L) Adamantoylindoles, being any compound structurally derived from a 3-(1-adamantoyl)indole structure with substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring to any extent; including, but not limited to, AM-1248 or AB-001; (M) Adamantoylindolecarboxamides, being any compound structurally derived from an N-adamantyl-1-indole-3-carboxamide with substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring to any extent; including, but not limited to, STS-135; 2NE1; (N) Adamantylindazolecarboxamides, being any compound structurally derived from an N-adamantyl-1-indazole-3-carboxamide with substitution at the nitrogen atom of the indazole ring, whether or not further substituted in the indazole ring to any extent and whether or not substituted in the adamantyl ring to any extent; (O) Naphthoylnaphthalene, being any compound structurally derived from naphthalene-1-yl-(naphthalene-1-yl) methanone with substitutions on either of the naphthalene rings to any extent; including, but not limited to, CB-13; (P) Quinolinylindolecarboxylate, being any compound structurally derived from indole-3carboxylic acid-1H-quinolinyl ester structure with substitution at the nitrogen atom of the indole ring by alkyl; haloalkyl; alkenyl; cycloalkylmethyl; cycloalkylethyl; 1-(N-methyl-2-piperidinyl)methyl; or 2-(4-morpholinyl) ethyl group, whether or not further substituted in the indole ring to any extent, whether or not substituted in the quinolinyl ring to any extent; (Q) (1-Aminocarbonyl)propylindazolecarboxamides, being any compound structurally derived from 3-[(1-aminocarbonyl)-1-propyl] indazole carboxamide structure with substitution at either nitrogen atom of the indazole ring by alkyl; haloalkyl; alkenyl; cycloalkylmethyl; cycloalkylethyl; 1-(N-methyl-2-piperidinyl) methyl; or 2-(4-morphonlinyl) ethyl group, whether or not further substituted in the indazole ring to any extent, whether or not substituted in the propyl chain to any extent; including, but not limited to, AB-PINACA. (R) Naphthoylindazoles, being any compound structurally derived from 3-(1-naphthoyl) indazole structure with substitution at the nitrogen atom of the indazole ring, whether or not further substituted in the indazole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to THJ-2201; (S) Methylindazolecarboxamidobutanoate, being any compound structurally derived from methyl-2-(indazole-3-carboxamido) butanoate structure with substitution at the nitrogen atom of the indazole ring whether or not further substituted in the indazole ring to any extent, whether or not substituted in the butanyl or methyl chain around the ester to any extent; including, but not limited to AMB and fluoro-AMB; and (T) Naphthalenylindolecarboxylates, being any compound structurally derived from a naphthalen-1-yl 1 H-indole-3-carboxylate structure with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2- piperidinyl) methyl, or 2-(4-morpholinyl) ethyl group, whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthalene ring to any extent; including, but not limited to NM-2201. (2) Subdivision (a)(1) concerning synthetic cannabinoids shall not apply to drugs or substances lawfully prescribed or to drugs or substances that have been approved or approved for study by the federal food and drug administration. (b) This section shall not apply to the possession, planting, cultivation, growing, or harvesting of the hallucinogenic plant strictly for aesthetic, landscaping, or decorative purposes. (c) This section shall not apply to any dosage form that is legally obtainable from a retail establishment without a prescription and is recognized by the federal food and drug administration as a homeopathic drug. (d) (1) A first violation of this section is a Class D felony. (2) A second or subsequent violation of this section is a Class C felony. (3) If the violation of this section involved the delivery, dispensing, or sale of a controlled substance analogue to a minor, the person shall be punished one (1) classification higher than the punishment provided by this subsection (d) for delivering, dispensing, or selling to an adult. Amended by 2015 Tenn. Acts, ch. 401,s 1, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 401,Secs.s2, s3 eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 302,s 6, eff. 7/1/2015. Amended by 2014 Tenn. Acts, ch. 735,s 1, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 161,s 1, eff. 7/1/2013. Acts 2006, ch. 700, § 1; 2010, ch. 922, § 1; 2011, ch. 274, § 1; 2012, ch. 848, § 21; 2012, ch. 854, § 1.
(a) (1) Unless specifically excepted or unless listed in another schedule, it is an offense to knowingly produce, manufacture, distribute, possess, or possess with intent to produce, manufacture, or distribute the active chemical ingredient in the hallucinogenic plant salvia divinorum or the following synthetic cannabinoids, including any of their isomers, esters, or salts: (A) (6a,10a)-9-(hydroxymethyl)-6,6-dimethyl-3-(2methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; including, but not limited to, HU 210 or HU 211; (B) Naphthoylindoles being any compound structurally derived from 3-(1-naphthoyl) indole with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to JWH-015; JWH-210; AM-1220; or MAM-2201; (C) Naphthylmethylindoles being any compound structurally derived from a 1-H-indole-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to, JWH-175; JWH-184; or JWH-199; (D) Naphthoylpyrroles, being any compound structurally derived from 3-(1-naphthoyl) pyrrole with substitution at the nitrogen atom of the pyrrole ring whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to, JWH-307; (E) Naphthylmethylindenes, being any compound structurally derived from 1-(1-naphthylmethyl) indene with substitution at the 3-position of the indene ring whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to, JWH-176; (F) Phenylacetylindoles, being any compound structurally derived from 3-phenylacetylindole with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent; including, but not limited to, JWH-167; JWH-201; JWH-251; or JWH-302; (G) Cyclohexylphenols, being any compound structurally derived from 2-(3-hydroxycyclohexyl) phenol with substitution at the 5-position of the phenolic ring whether or not further substituted in the cyclohexyl ring to any extent; including, but not limited to, the dimethylhexyl or dimethylnonyl homologues of CP 47,497; (H) Tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives, except where contained in cannabis or cannabis resin; (I) Benzoylindoles, being any compound containing a 3-(benzoyl) indole structure with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent; including, but not limited to, Pravadoline (WIN 48,098); AM-1241; or AM-2233; (J) WIN-55; 212-2 or 2,3-Dihydro-5-methyl-3-(4-Morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone; (K) Cyclopropanoylindoles, being any compound structurally derived from a 3-(cyclopropylmethanoyl) indole structure with substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted in the cyclopropyl ring to any extent; including, but not limited to, A-796,260; (L) Adamantoylindoles, being any compound structurally derived from a 3-(1-adamantoyl)indole structure with substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring to any extent; including, but not limited to, AM-1248 or AB-001; (M) Adamantoylindolecarboxamides, being any compound structurally derived from an N-adamantyl-1-indole-3-carboxamide with substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring to any extent; including, but not limited to, STS-135; 2NE1; (N) Adamantylindazolecarboxamides, being any compound structurally derived from an N-adamantyl-1-indazole-3-carboxamide with substitution at the nitrogen atom of the indazole ring, whether or not further substituted in the indazole ring to any extent and whether or not substituted in the adamantyl ring to any extent; (O) Naphthoylnaphthalene, being any compound structurally derived from naphthalene-1-yl-(naphthalene-1-yl) methanone with substitutions on either of the naphthalene rings to any extent; including, but not limited to, CB-13; (P) Quinolinylindolecarboxylate, being any compound structurally derived from indole-3carboxylic acid-1H-quinolinyl ester structure with substitution at the nitrogen atom of the indole ring by alkyl; haloalkyl; alkenyl; cycloalkylmethyl; cycloalkylethyl; 1-(N-methyl-2-piperidinyl)methyl; or 2-(4-morpholinyl) ethyl group, whether or not further substituted in the indole ring to any extent, whether or not substituted in the quinolinyl ring to any extent; (Q) (1-Aminocarbonyl)propylindazolecarboxamides, being any compound structurally derived from 3-[(1-aminocarbonyl)-1-propyl] indazole carboxamide structure with substitution at either nitrogen atom of the indazole ring by alkyl; haloalkyl; alkenyl; cycloalkylmethyl; cycloalkylethyl; 1-(N-methyl-2-piperidinyl) methyl; or 2-(4-morphonlinyl) ethyl group, whether or not further substituted in the indazole ring to any extent, whether or not substituted in the propyl chain to any extent; including, but not limited to, AB-PINACA. (R) Naphthoylindazoles, being any compound structurally derived from 3-(1-naphthoyl) indazole structure with substitution at the nitrogen atom of the indazole ring, whether or not further substituted in the indazole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to THJ-2201; (S) Methylindazolecarboxamidobutanoate, being any compound structurally derived from methyl-2-(indazole-3-carboxamido) butanoate structure with substitution at the nitrogen atom of the indazole ring whether or not further substituted in the indazole ring to any extent, whether or not substituted in the butanyl or methyl chain around the ester to any extent; including, but not limited to AMB and fluoro-AMB; and (T) Naphthalenylindolecarboxylates, being any compound structurally derived from a naphthalen-1-yl 1 H-indole-3-carboxylate structure with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2- piperidinyl) methyl, or 2-(4-morpholinyl) ethyl group, whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthalene ring to any extent; including, but not limited to NM-2201. (2) Subdivision (a)(1) concerning synthetic cannabinoids shall not apply to drugs or substances lawfully prescribed or to drugs or substances that have been approved or approved for study by the federal food and drug administration.
(1) Unless specifically excepted or unless listed in another schedule, it is an offense to knowingly produce, manufacture, distribute, possess, or possess with intent to produce, manufacture, or distribute the active chemical ingredient in the hallucinogenic plant salvia divinorum or the following synthetic cannabinoids, including any of their isomers, esters, or salts: (A) (6a,10a)-9-(hydroxymethyl)-6,6-dimethyl-3-(2methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; including, but not limited to, HU 210 or HU 211; (B) Naphthoylindoles being any compound structurally derived from 3-(1-naphthoyl) indole with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to JWH-015; JWH-210; AM-1220; or MAM-2201; (C) Naphthylmethylindoles being any compound structurally derived from a 1-H-indole-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to, JWH-175; JWH-184; or JWH-199; (D) Naphthoylpyrroles, being any compound structurally derived from 3-(1-naphthoyl) pyrrole with substitution at the nitrogen atom of the pyrrole ring whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to, JWH-307; (E) Naphthylmethylindenes, being any compound structurally derived from 1-(1-naphthylmethyl) indene with substitution at the 3-position of the indene ring whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to, JWH-176; (F) Phenylacetylindoles, being any compound structurally derived from 3-phenylacetylindole with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent; including, but not limited to, JWH-167; JWH-201; JWH-251; or JWH-302; (G) Cyclohexylphenols, being any compound structurally derived from 2-(3-hydroxycyclohexyl) phenol with substitution at the 5-position of the phenolic ring whether or not further substituted in the cyclohexyl ring to any extent; including, but not limited to, the dimethylhexyl or dimethylnonyl homologues of CP 47,497; (H) Tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives, except where contained in cannabis or cannabis resin; (I) Benzoylindoles, being any compound containing a 3-(benzoyl) indole structure with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent; including, but not limited to, Pravadoline (WIN 48,098); AM-1241; or AM-2233; (J) WIN-55; 212-2 or 2,3-Dihydro-5-methyl-3-(4-Morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone; (K) Cyclopropanoylindoles, being any compound structurally derived from a 3-(cyclopropylmethanoyl) indole structure with substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted in the cyclopropyl ring to any extent; including, but not limited to, A-796,260; (L) Adamantoylindoles, being any compound structurally derived from a 3-(1-adamantoyl)indole structure with substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring to any extent; including, but not limited to, AM-1248 or AB-001; (M) Adamantoylindolecarboxamides, being any compound structurally derived from an N-adamantyl-1-indole-3-carboxamide with substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring to any extent; including, but not limited to, STS-135; 2NE1; (N) Adamantylindazolecarboxamides, being any compound structurally derived from an N-adamantyl-1-indazole-3-carboxamide with substitution at the nitrogen atom of the indazole ring, whether or not further substituted in the indazole ring to any extent and whether or not substituted in the adamantyl ring to any extent; (O) Naphthoylnaphthalene, being any compound structurally derived from naphthalene-1-yl-(naphthalene-1-yl) methanone with substitutions on either of the naphthalene rings to any extent; including, but not limited to, CB-13; (P) Quinolinylindolecarboxylate, being any compound structurally derived from indole-3carboxylic acid-1H-quinolinyl ester structure with substitution at the nitrogen atom of the indole ring by alkyl; haloalkyl; alkenyl; cycloalkylmethyl; cycloalkylethyl; 1-(N-methyl-2-piperidinyl)methyl; or 2-(4-morpholinyl) ethyl group, whether or not further substituted in the indole ring to any extent, whether or not substituted in the quinolinyl ring to any extent; (Q) (1-Aminocarbonyl)propylindazolecarboxamides, being any compound structurally derived from 3-[(1-aminocarbonyl)-1-propyl] indazole carboxamide structure with substitution at either nitrogen atom of the indazole ring by alkyl; haloalkyl; alkenyl; cycloalkylmethyl; cycloalkylethyl; 1-(N-methyl-2-piperidinyl) methyl; or 2-(4-morphonlinyl) ethyl group, whether or not further substituted in the indazole ring to any extent, whether or not substituted in the propyl chain to any extent; including, but not limited to, AB-PINACA. (R) Naphthoylindazoles, being any compound structurally derived from 3-(1-naphthoyl) indazole structure with substitution at the nitrogen atom of the indazole ring, whether or not further substituted in the indazole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to THJ-2201; (S) Methylindazolecarboxamidobutanoate, being any compound structurally derived from methyl-2-(indazole-3-carboxamido) butanoate structure with substitution at the nitrogen atom of the indazole ring whether or not further substituted in the indazole ring to any extent, whether or not substituted in the butanyl or methyl chain around the ester to any extent; including, but not limited to AMB and fluoro-AMB; and (T) Naphthalenylindolecarboxylates, being any compound structurally derived from a naphthalen-1-yl 1 H-indole-3-carboxylate structure with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2- piperidinyl) methyl, or 2-(4-morpholinyl) ethyl group, whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthalene ring to any extent; including, but not limited to NM-2201.
(A) (6a,10a)-9-(hydroxymethyl)-6,6-dimethyl-3-(2methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; including, but not limited to, HU 210 or HU 211;
(B) Naphthoylindoles being any compound structurally derived from 3-(1-naphthoyl) indole with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to JWH-015; JWH-210; AM-1220; or MAM-2201;
(C) Naphthylmethylindoles being any compound structurally derived from a 1-H-indole-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to, JWH-175; JWH-184; or JWH-199;
(D) Naphthoylpyrroles, being any compound structurally derived from 3-(1-naphthoyl) pyrrole with substitution at the nitrogen atom of the pyrrole ring whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to, JWH-307;
(E) Naphthylmethylindenes, being any compound structurally derived from 1-(1-naphthylmethyl) indene with substitution at the 3-position of the indene ring whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to, JWH-176;
(F) Phenylacetylindoles, being any compound structurally derived from 3-phenylacetylindole with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent; including, but not limited to, JWH-167; JWH-201; JWH-251; or JWH-302;
(G) Cyclohexylphenols, being any compound structurally derived from 2-(3-hydroxycyclohexyl) phenol with substitution at the 5-position of the phenolic ring whether or not further substituted in the cyclohexyl ring to any extent; including, but not limited to, the dimethylhexyl or dimethylnonyl homologues of CP 47,497;
(H) Tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives, except where contained in cannabis or cannabis resin;
(I) Benzoylindoles, being any compound containing a 3-(benzoyl) indole structure with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent; including, but not limited to, Pravadoline (WIN 48,098); AM-1241; or AM-2233;
(J) WIN-55; 212-2 or 2,3-Dihydro-5-methyl-3-(4-Morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone;
(K) Cyclopropanoylindoles, being any compound structurally derived from a 3-(cyclopropylmethanoyl) indole structure with substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted in the cyclopropyl ring to any extent; including, but not limited to, A-796,260;
(L) Adamantoylindoles, being any compound structurally derived from a 3-(1-adamantoyl)indole structure with substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring to any extent; including, but not limited to, AM-1248 or AB-001;
(M) Adamantoylindolecarboxamides, being any compound structurally derived from an N-adamantyl-1-indole-3-carboxamide with substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring to any extent; including, but not limited to, STS-135; 2NE1;
(N) Adamantylindazolecarboxamides, being any compound structurally derived from an N-adamantyl-1-indazole-3-carboxamide with substitution at the nitrogen atom of the indazole ring, whether or not further substituted in the indazole ring to any extent and whether or not substituted in the adamantyl ring to any extent;
(O) Naphthoylnaphthalene, being any compound structurally derived from naphthalene-1-yl-(naphthalene-1-yl) methanone with substitutions on either of the naphthalene rings to any extent; including, but not limited to, CB-13;
(P) Quinolinylindolecarboxylate, being any compound structurally derived from indole-3carboxylic acid-1H-quinolinyl ester structure with substitution at the nitrogen atom of the indole ring by alkyl; haloalkyl; alkenyl; cycloalkylmethyl; cycloalkylethyl; 1-(N-methyl-2-piperidinyl)methyl; or 2-(4-morpholinyl) ethyl group, whether or not further substituted in the indole ring to any extent, whether or not substituted in the quinolinyl ring to any extent;
(Q) (1-Aminocarbonyl)propylindazolecarboxamides, being any compound structurally derived from 3-[(1-aminocarbonyl)-1-propyl] indazole carboxamide structure with substitution at either nitrogen atom of the indazole ring by alkyl; haloalkyl; alkenyl; cycloalkylmethyl; cycloalkylethyl; 1-(N-methyl-2-piperidinyl) methyl; or 2-(4-morphonlinyl) ethyl group, whether or not further substituted in the indazole ring to any extent, whether or not substituted in the propyl chain to any extent; including, but not limited to, AB-PINACA.
(R) Naphthoylindazoles, being any compound structurally derived from 3-(1-naphthoyl) indazole structure with substitution at the nitrogen atom of the indazole ring, whether or not further substituted in the indazole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to THJ-2201;
(S) Methylindazolecarboxamidobutanoate, being any compound structurally derived from methyl-2-(indazole-3-carboxamido) butanoate structure with substitution at the nitrogen atom of the indazole ring whether or not further substituted in the indazole ring to any extent, whether or not substituted in the butanyl or methyl chain around the ester to any extent; including, but not limited to AMB and fluoro-AMB; and
(T) Naphthalenylindolecarboxylates, being any compound structurally derived from a naphthalen-1-yl 1 H-indole-3-carboxylate structure with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2- piperidinyl) methyl, or 2-(4-morpholinyl) ethyl group, whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthalene ring to any extent; including, but not limited to NM-2201.
(2) Subdivision (a)(1) concerning synthetic cannabinoids shall not apply to drugs or substances lawfully prescribed or to drugs or substances that have been approved or approved for study by the federal food and drug administration.
(b) This section shall not apply to the possession, planting, cultivation, growing, or harvesting of the hallucinogenic plant strictly for aesthetic, landscaping, or decorative purposes.
(c) This section shall not apply to any dosage form that is legally obtainable from a retail establishment without a prescription and is recognized by the federal food and drug administration as a homeopathic drug.
(d) (1) A first violation of this section is a Class D felony. (2) A second or subsequent violation of this section is a Class C felony. (3) If the violation of this section involved the delivery, dispensing, or sale of a controlled substance analogue to a minor, the person shall be punished one (1) classification higher than the punishment provided by this subsection (d) for delivering, dispensing, or selling to an adult.
(1) A first violation of this section is a Class D felony.
(2) A second or subsequent violation of this section is a Class C felony.
(3) If the violation of this section involved the delivery, dispensing, or sale of a controlled substance analogue to a minor, the person shall be punished one (1) classification higher than the punishment provided by this subsection (d) for delivering, dispensing, or selling to an adult.
Amended by 2015 Tenn. Acts, ch. 401,s 1, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 401,Secs.s2, s3 eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 302,s 6, eff. 7/1/2015.
Amended by 2014 Tenn. Acts, ch. 735,s 1, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 161,s 1, eff. 7/1/2013.
Acts 2006, ch. 700, § 1; 2010, ch. 922, § 1; 2011, ch. 274, § 1; 2012, ch. 848, § 21; 2012, ch. 854, § 1.
Tenn. Code Ann. § 39-13-205 — TN Code / Title 39 / Chapter 13 / Section 39-13-205
Waiver of jury trials of first degree murder
Status: in_force

(a) In a trial for an offense that is punishable by death, the defendant, with the advice of the defendant's attorney and the consent of the court and district attorney general, may waive the right to a jury to determine guilt, in which case the trial judge shall determine guilt; provided, that such waiver will not affect the defendant's right to a jury to determine punishment, if the defendant is found guilty of the offense. (b) After a verdict of guilty is found for an offense that is punishable by death, the defendant, with the advice of the defendant's attorney and the consent of the court and the district attorney general, may waive the right to have a jury determine punishment, in which case the trial judge shall determine punishment as provided by this part. (c) Reference to a jury in § 39-13-204 shall apply to a judge if the jury is waived. Amended by 2024 Tenn. Acts, ch. 951,s 20, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 951,s 19, eff. 7/1/2024. Amended by 2022 Tenn. Acts, ch. 1062, s 11, eff. on the thirtieth day following the occurrence of either : (1) The issuance of the judgment in a decision of the United States supreme court overruling, in whole or in relevant part, Kennedy v. Louisiana, 554 U.S. 407 (2008); or (2) The ratification of an amendment to the Constitution of the United States approving the use of the death penalty as punishment for the conviction of an offense involving the infliction of severe physical and mental pain and suffering upon the victim with the intent to perpetrate first degree murder that does not result in the death of the victim. Acts 1989, ch. 591, § 1; T.C.A., § 39-13-204 ; Acts 1990, ch. 1038, § 3.
(a) In a trial for an offense that is punishable by death, the defendant, with the advice of the defendant's attorney and the consent of the court and district attorney general, may waive the right to a jury to determine guilt, in which case the trial judge shall determine guilt; provided, that such waiver will not affect the defendant's right to a jury to determine punishment, if the defendant is found guilty of the offense.
(b) After a verdict of guilty is found for an offense that is punishable by death, the defendant, with the advice of the defendant's attorney and the consent of the court and the district attorney general, may waive the right to have a jury determine punishment, in which case the trial judge shall determine punishment as provided by this part.
(c) Reference to a jury in § 39-13-204 shall apply to a judge if the jury is waived.
Amended by 2024 Tenn. Acts, ch. 951,s 20, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 951,s 19, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1062, s 11, eff. on the thirtieth day following the occurrence of either : (1) The issuance of the judgment in a decision of the United States supreme court overruling, in whole or in relevant part, Kennedy v. Louisiana, 554 U.S. 407 (2008); or (2) The ratification of an amendment to the Constitution of the United States approving the use of the death penalty as punishment for the conviction of an offense involving the infliction of severe physical and mental pain and suffering upon the victim with the intent to perpetrate first degree murder that does not result in the death of the victim.
Acts 1989, ch. 591, § 1; T.C.A., § 39-13-204 ; Acts 1990, ch. 1038, § 3.
Tenn. Code Ann. § 39-13-102 — TN Code / Title 39 / Chapter 13 / Section 39-13-102
Aggravated assault
Status: in_force

(a) (1) A person commits aggravated assault who: (A) Intentionally or knowingly commits an assault as defined in § 39-13-101 , and the assault: (i) Results in serious bodily injury to another; (ii) Results in the death of another; (iii) Involved the use or display of a deadly weapon; or (iv) Involved strangulation or attempted strangulation; or (B) Recklessly commits an assault as defined in § 39-13-101(a)(1) , and the assault: (i) Results in serious bodily injury to another; (ii) Results in the death of another; or (iii) Involved the use or display of a deadly weapon. (2) For purposes of subdivision (a)(1)(A)(iv), "strangulation" means intentionally or knowingly impeding normal breathing or circulation of the blood by applying pressure to the throat or neck or by blocking the nose and mouth of another person, regardless of whether that conduct results in any visible injury or whether the person has any intent to kill or protractedly injure the victim. (b) A person commits aggravated assault who, being the parent or custodian of a child or the custodian of an adult, intentionally or knowingly fails or refuses to protect the child or adult from an aggravated assault as defined in subdivision (a)(1) or aggravated child abuse as defined in § 39-15-402 . (c) A person commits aggravated assault who, after having been enjoined or restrained by an order, diversion or probation agreement of a court of competent jurisdiction from in any way causing or attempting to cause bodily injury or in any way committing or attempting to commit an assault against an individual or individuals, intentionally or knowingly attempts to cause or causes bodily injury or commits or attempts to commit an assault against the individual or individuals. (d) [Deleted by 2018 amendment.] (e) (1) (A) Aggravated assault under: (i) [Deleted by 2018 amendment.] (ii) (a) Except as provided in subdivision (e)(1)(A)(ii) (b) , subdivision (a)(1)(A)(i), (iii), or (iv) is a Class C felony; and (b) If the victim is pregnant at the time of the offense, subdivision (a)(1)(A)(iv) is a Class B felony; (iii) Subdivision (a)(1)(A)(ii) is a Class C felony; (iv) Subdivision (b) or (c) is a Class C felony; (v) Subdivision (a)(1)(B)(i) or (iii) is a Class D felony; (vi) Subdivision (a)(1)(B)(ii) is a Class D felony. (B) Notwithstanding the authorized fines established in § 40-35-111 , a violation of this section is punishable by a fine not to exceed fifteen thousand dollars ($15,000), in addition to any other punishment authorized by § 40-35-111 . (2) In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such that the victim is a domestic abuse victim as defined in § 36-3-601 , and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. Such appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411 . (3) (A) In addition to any other punishment authorized by this section, the court shall order a person convicted of aggravated assault under the circumstances set out in this subdivision (e)(3) to pay restitution to the victim of the offense. Additionally, the judge shall order the warden, chief operating officer, or workhouse administrator to deduct fifty percent (50%) of the restitution ordered from the inmate's commissary account or any other account or fund established by or for the benefit of the inmate while incarcerated. The judge may authorize the deduction of up to one hundred percent (100%) of the restitution ordered. (B) Subdivision (e)(3)(A) applies if: (i) The victim of the aggravated assault is a correctional officer, guard, jailer, or other full-time employee of a penal institution, local jail, or workhouse; (ii) The offense occurred while the victim was in the discharge of official duties and within the victim's scope of employment; and (iii) The person committing the assault was at the time of the offense, and at the time of the conviction, serving a sentence of incarceration in a public or private penal institution as defined in § 39-16-601 . (4) In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such that the victim is a domestic abuse victim as defined in § 36-3-601 , the court shall assess each person convicted an electronic monitoring indigency fee of ten dollars ($10.00). All proceeds collected pursuant to this subdivision (e)(4) shall be transmitted to the treasurer for deposit in the electronic monitoring indigency fund, established in § 55-10-419 . (5) Notwithstanding this subsection (e), a person convicted of a violation of subdivision (a)(1)(A)(i), (a)(1)(A)(ii), (a)(1)(B)(i), or (a)(1)(B)(ii) shall be punished one (1) classification higher than is otherwise provided if: (A) The violation was committed by discharging a firearm from within a motor vehicle, as defined by § 55-1-103 ; and (B) The victim was a minor at the time of the violation. (6) Notwithstanding this subsection (e), a person convicted of a violation of subdivision (a)(1)(A)(iii) or (a)(1)(B)(iii) shall be punished one (1) classification higher than is otherwise provided if the violation was committed by discharging a firearm from within a motor vehicle, as defined in § 55-1-103 . (f) A violation of subdivision (a)(1)(A)(iv), in which the victim of the offense loses consciousness due to strangulation, may be prosecuted as attempted first degree murder, under § 39-13-202 , or attempted second degree murder, under § 39-13-210 . Amended by 2023 Tenn. Acts, ch. 440, s 3, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 440, s 2, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 1136, s 1, eff. 7/1/2022. Amended by 2020EX2 Tenn. Acts, ch. 3, s 3, eff. 8/20/2020. Amended by 2019 Tenn. Acts, ch. 485, s 2, eff. 7/1/2019. Amended by 2018 Tenn. Acts, ch. 1046, s 1, eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 925, Secs.s 3, s 4 eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 925, s 2, eff. 7/1/2018. Amended by 2015 Tenn. Acts, ch. 306, s 1, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 306, s 2, eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 283, s 1, eff. 7/1/2015. Amended by 2013 Tenn. Acts, ch. 461, s 1, Sec.s 2, s 2 eff. 7/1/2013. Acts 1989, ch. 591, § 1; 1990, ch. 980, § 2; 1990, ch. 1030, §§ 12, 13; 1993, ch. 306, § 1; 1995, ch. 452, § 1; 1996, ch. 830, § 1; 1996, ch. 1009, § 19; 1998, ch. 1049, § 9; 2002, ch. 649, § 2; 2005, ch. 353, § 10; 2009 , ch. 394, § 1; 2009 , ch. 412, § 2; 2010 , ch. 981, § 3; 2011 , ch. 401, § 1.
(a) (1) A person commits aggravated assault who: (A) Intentionally or knowingly commits an assault as defined in § 39-13-101 , and the assault: (i) Results in serious bodily injury to another; (ii) Results in the death of another; (iii) Involved the use or display of a deadly weapon; or (iv) Involved strangulation or attempted strangulation; or (B) Recklessly commits an assault as defined in § 39-13-101(a)(1) , and the assault: (i) Results in serious bodily injury to another; (ii) Results in the death of another; or (iii) Involved the use or display of a deadly weapon. (2) For purposes of subdivision (a)(1)(A)(iv), "strangulation" means intentionally or knowingly impeding normal breathing or circulation of the blood by applying pressure to the throat or neck or by blocking the nose and mouth of another person, regardless of whether that conduct results in any visible injury or whether the person has any intent to kill or protractedly injure the victim.
(1) A person commits aggravated assault who: (A) Intentionally or knowingly commits an assault as defined in § 39-13-101 , and the assault: (i) Results in serious bodily injury to another; (ii) Results in the death of another; (iii) Involved the use or display of a deadly weapon; or (iv) Involved strangulation or attempted strangulation; or (B) Recklessly commits an assault as defined in § 39-13-101(a)(1) , and the assault: (i) Results in serious bodily injury to another; (ii) Results in the death of another; or (iii) Involved the use or display of a deadly weapon.
(A) Intentionally or knowingly commits an assault as defined in § 39-13-101 , and the assault: (i) Results in serious bodily injury to another; (ii) Results in the death of another; (iii) Involved the use or display of a deadly weapon; or (iv) Involved strangulation or attempted strangulation; or
(i) Results in serious bodily injury to another;
(ii) Results in the death of another;
(iii) Involved the use or display of a deadly weapon; or
(iv) Involved strangulation or attempted strangulation; or
(B) Recklessly commits an assault as defined in § 39-13-101(a)(1) , and the assault: (i) Results in serious bodily injury to another; (ii) Results in the death of another; or (iii) Involved the use or display of a deadly weapon.
(i) Results in serious bodily injury to another;
(ii) Results in the death of another; or
(iii) Involved the use or display of a deadly weapon.
(2) For purposes of subdivision (a)(1)(A)(iv), "strangulation" means intentionally or knowingly impeding normal breathing or circulation of the blood by applying pressure to the throat or neck or by blocking the nose and mouth of another person, regardless of whether that conduct results in any visible injury or whether the person has any intent to kill or protractedly injure the victim.
(b) A person commits aggravated assault who, being the parent or custodian of a child or the custodian of an adult, intentionally or knowingly fails or refuses to protect the child or adult from an aggravated assault as defined in subdivision (a)(1) or aggravated child abuse as defined in § 39-15-402 .
(c) A person commits aggravated assault who, after having been enjoined or restrained by an order, diversion or probation agreement of a court of competent jurisdiction from in any way causing or attempting to cause bodily injury or in any way committing or attempting to commit an assault against an individual or individuals, intentionally or knowingly attempts to cause or causes bodily injury or commits or attempts to commit an assault against the individual or individuals.
(d) [Deleted by 2018 amendment.]
(e) (1) (A) Aggravated assault under: (i) [Deleted by 2018 amendment.] (ii) (a) Except as provided in subdivision (e)(1)(A)(ii) (b) , subdivision (a)(1)(A)(i), (iii), or (iv) is a Class C felony; and (b) If the victim is pregnant at the time of the offense, subdivision (a)(1)(A)(iv) is a Class B felony; (iii) Subdivision (a)(1)(A)(ii) is a Class C felony; (iv) Subdivision (b) or (c) is a Class C felony; (v) Subdivision (a)(1)(B)(i) or (iii) is a Class D felony; (vi) Subdivision (a)(1)(B)(ii) is a Class D felony. (B) Notwithstanding the authorized fines established in § 40-35-111 , a violation of this section is punishable by a fine not to exceed fifteen thousand dollars ($15,000), in addition to any other punishment authorized by § 40-35-111 . (2) In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such that the victim is a domestic abuse victim as defined in § 36-3-601 , and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. Such appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411 . (3) (A) In addition to any other punishment authorized by this section, the court shall order a person convicted of aggravated assault under the circumstances set out in this subdivision (e)(3) to pay restitution to the victim of the offense. Additionally, the judge shall order the warden, chief operating officer, or workhouse administrator to deduct fifty percent (50%) of the restitution ordered from the inmate's commissary account or any other account or fund established by or for the benefit of the inmate while incarcerated. The judge may authorize the deduction of up to one hundred percent (100%) of the restitution ordered. (B) Subdivision (e)(3)(A) applies if: (i) The victim of the aggravated assault is a correctional officer, guard, jailer, or other full-time employee of a penal institution, local jail, or workhouse; (ii) The offense occurred while the victim was in the discharge of official duties and within the victim's scope of employment; and (iii) The person committing the assault was at the time of the offense, and at the time of the conviction, serving a sentence of incarceration in a public or private penal institution as defined in § 39-16-601 . (4) In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such that the victim is a domestic abuse victim as defined in § 36-3-601 , the court shall assess each person convicted an electronic monitoring indigency fee of ten dollars ($10.00). All proceeds collected pursuant to this subdivision (e)(4) shall be transmitted to the treasurer for deposit in the electronic monitoring indigency fund, established in § 55-10-419 . (5) Notwithstanding this subsection (e), a person convicted of a violation of subdivision (a)(1)(A)(i), (a)(1)(A)(ii), (a)(1)(B)(i), or (a)(1)(B)(ii) shall be punished one (1) classification higher than is otherwise provided if: (A) The violation was committed by discharging a firearm from within a motor vehicle, as defined by § 55-1-103 ; and (B) The victim was a minor at the time of the violation. (6) Notwithstanding this subsection (e), a person convicted of a violation of subdivision (a)(1)(A)(iii) or (a)(1)(B)(iii) shall be punished one (1) classification higher than is otherwise provided if the violation was committed by discharging a firearm from within a motor vehicle, as defined in § 55-1-103 .
(1) (A) Aggravated assault under: (i) [Deleted by 2018 amendment.] (ii) (a) Except as provided in subdivision (e)(1)(A)(ii) (b) , subdivision (a)(1)(A)(i), (iii), or (iv) is a Class C felony; and (b) If the victim is pregnant at the time of the offense, subdivision (a)(1)(A)(iv) is a Class B felony; (iii) Subdivision (a)(1)(A)(ii) is a Class C felony; (iv) Subdivision (b) or (c) is a Class C felony; (v) Subdivision (a)(1)(B)(i) or (iii) is a Class D felony; (vi) Subdivision (a)(1)(B)(ii) is a Class D felony. (B) Notwithstanding the authorized fines established in § 40-35-111 , a violation of this section is punishable by a fine not to exceed fifteen thousand dollars ($15,000), in addition to any other punishment authorized by § 40-35-111 .
(A) Aggravated assault under: (i) [Deleted by 2018 amendment.] (ii) (a) Except as provided in subdivision (e)(1)(A)(ii) (b) , subdivision (a)(1)(A)(i), (iii), or (iv) is a Class C felony; and (b) If the victim is pregnant at the time of the offense, subdivision (a)(1)(A)(iv) is a Class B felony; (iii) Subdivision (a)(1)(A)(ii) is a Class C felony; (iv) Subdivision (b) or (c) is a Class C felony; (v) Subdivision (a)(1)(B)(i) or (iii) is a Class D felony; (vi) Subdivision (a)(1)(B)(ii) is a Class D felony.
(i) [Deleted by 2018 amendment.]
(ii) (a) Except as provided in subdivision (e)(1)(A)(ii) (b) , subdivision (a)(1)(A)(i), (iii), or (iv) is a Class C felony; and (b) If the victim is pregnant at the time of the offense, subdivision (a)(1)(A)(iv) is a Class B felony;
(a) Except as provided in subdivision (e)(1)(A)(ii) (b) , subdivision (a)(1)(A)(i), (iii), or (iv) is a Class C felony; and
(b) If the victim is pregnant at the time of the offense, subdivision (a)(1)(A)(iv) is a Class B felony;
(iii) Subdivision (a)(1)(A)(ii) is a Class C felony;
(iv) Subdivision (b) or (c) is a Class C felony;
(v) Subdivision (a)(1)(B)(i) or (iii) is a Class D felony;
(vi) Subdivision (a)(1)(B)(ii) is a Class D felony.
(B) Notwithstanding the authorized fines established in § 40-35-111 , a violation of this section is punishable by a fine not to exceed fifteen thousand dollars ($15,000), in addition to any other punishment authorized by § 40-35-111 .
(2) In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such that the victim is a domestic abuse victim as defined in § 36-3-601 , and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred dollars ($200). The additional fine shall be paid to the clerk of the court imposing sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. Such appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411 .
(3) (A) In addition to any other punishment authorized by this section, the court shall order a person convicted of aggravated assault under the circumstances set out in this subdivision (e)(3) to pay restitution to the victim of the offense. Additionally, the judge shall order the warden, chief operating officer, or workhouse administrator to deduct fifty percent (50%) of the restitution ordered from the inmate's commissary account or any other account or fund established by or for the benefit of the inmate while incarcerated. The judge may authorize the deduction of up to one hundred percent (100%) of the restitution ordered. (B) Subdivision (e)(3)(A) applies if: (i) The victim of the aggravated assault is a correctional officer, guard, jailer, or other full-time employee of a penal institution, local jail, or workhouse; (ii) The offense occurred while the victim was in the discharge of official duties and within the victim's scope of employment; and (iii) The person committing the assault was at the time of the offense, and at the time of the conviction, serving a sentence of incarceration in a public or private penal institution as defined in § 39-16-601 .
(A) In addition to any other punishment authorized by this section, the court shall order a person convicted of aggravated assault under the circumstances set out in this subdivision (e)(3) to pay restitution to the victim of the offense. Additionally, the judge shall order the warden, chief operating officer, or workhouse administrator to deduct fifty percent (50%) of the restitution ordered from the inmate's commissary account or any other account or fund established by or for the benefit of the inmate while incarcerated. The judge may authorize the deduction of up to one hundred percent (100%) of the restitution ordered.
(B) Subdivision (e)(3)(A) applies if: (i) The victim of the aggravated assault is a correctional officer, guard, jailer, or other full-time employee of a penal institution, local jail, or workhouse; (ii) The offense occurred while the victim was in the discharge of official duties and within the victim's scope of employment; and (iii) The person committing the assault was at the time of the offense, and at the time of the conviction, serving a sentence of incarceration in a public or private penal institution as defined in § 39-16-601 .
(i) The victim of the aggravated assault is a correctional officer, guard, jailer, or other full-time employee of a penal institution, local jail, or workhouse;
(ii) The offense occurred while the victim was in the discharge of official duties and within the victim's scope of employment; and
(iii) The person committing the assault was at the time of the offense, and at the time of the conviction, serving a sentence of incarceration in a public or private penal institution as defined in § 39-16-601 .
(4) In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such that the victim is a domestic abuse victim as defined in § 36-3-601 , the court shall assess each person convicted an electronic monitoring indigency fee of ten dollars ($10.00). All proceeds collected pursuant to this subdivision (e)(4) shall be transmitted to the treasurer for deposit in the electronic monitoring indigency fund, established in § 55-10-419 .
(5) Notwithstanding this subsection (e), a person convicted of a violation of subdivision (a)(1)(A)(i), (a)(1)(A)(ii), (a)(1)(B)(i), or (a)(1)(B)(ii) shall be punished one (1) classification higher than is otherwise provided if: (A) The violation was committed by discharging a firearm from within a motor vehicle, as defined by § 55-1-103 ; and (B) The victim was a minor at the time of the violation.
(A) The violation was committed by discharging a firearm from within a motor vehicle, as defined by § 55-1-103 ; and
(B) The victim was a minor at the time of the violation.
(6) Notwithstanding this subsection (e), a person convicted of a violation of subdivision (a)(1)(A)(iii) or (a)(1)(B)(iii) shall be punished one (1) classification higher than is otherwise provided if the violation was committed by discharging a firearm from within a motor vehicle, as defined in § 55-1-103 .
(f) A violation of subdivision (a)(1)(A)(iv), in which the victim of the offense loses consciousness due to strangulation, may be prosecuted as attempted first degree murder, under § 39-13-202 , or attempted second degree murder, under § 39-13-210 .
Amended by 2023 Tenn. Acts, ch. 440, s 3, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 440, s 2, eff. 7/1/2023.
Amended by 2022 Tenn. Acts, ch. 1136, s 1, eff. 7/1/2022.
Amended by 2020EX2 Tenn. Acts, ch. 3, s 3, eff. 8/20/2020.
Amended by 2019 Tenn. Acts, ch. 485, s 2, eff. 7/1/2019.
Amended by 2018 Tenn. Acts, ch. 1046, s 1, eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 925, Secs.s 3, s 4 eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 925, s 2, eff. 7/1/2018.
Amended by 2015 Tenn. Acts, ch. 306, s 1, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 306, s 2, eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 283, s 1, eff. 7/1/2015.
Amended by 2013 Tenn. Acts, ch. 461, s 1, Sec.s 2, s 2 eff. 7/1/2013.
Acts 1989, ch. 591, § 1; 1990, ch. 980, § 2; 1990, ch. 1030, §§ 12, 13; 1993, ch. 306, § 1; 1995, ch. 452, § 1; 1996, ch. 830, § 1; 1996, ch. 1009, § 19; 1998, ch. 1049, § 9; 2002, ch. 649, § 2; 2005, ch. 353, § 10; 2009 , ch. 394, § 1; 2009 , ch. 412, § 2; 2010 , ch. 981, § 3; 2011 , ch. 401, § 1.
Tenn. Code Ann. § 39-14-504 — TN Code / Title 39 / Chapter 14 / Section 39-14-504
Offense of criminal littering
Status: in_force

(a) Criminal littering is littering in an amount more than five pounds (5 lbs.) in weight or seven and one-half (7.5) cubic feet in volume and less than or equal to ten pounds (10 lbs.) in weight or fifteen (15) cubic feet in volume. (b) Criminal littering is a Class B misdemeanor. (c) In addition to the penalties established in this section, the court shall require a person convicted under this section to remove litter from the state or local highway system, public playgrounds, public parks or other appropriate public locations for not more than eighty (80) hours. The court, in its discretion, may also require a person convicted under this section to work in a recycling center or other appropriate location for any stated period of time not to exceed eight (8) hours. Acts 2007, ch. 595, § 1.
(a) Criminal littering is littering in an amount more than five pounds (5 lbs.) in weight or seven and one-half (7.5) cubic feet in volume and less than or equal to ten pounds (10 lbs.) in weight or fifteen (15) cubic feet in volume.
(b) Criminal littering is a Class B misdemeanor.
(c) In addition to the penalties established in this section, the court shall require a person convicted under this section to remove litter from the state or local highway system, public playgrounds, public parks or other appropriate public locations for not more than eighty (80) hours. The court, in its discretion, may also require a person convicted under this section to work in a recycling center or other appropriate location for any stated period of time not to exceed eight (8) hours.
Acts 2007, ch. 595, § 1.
Tenn. Code Ann. § 39-13-702 — TN Code / Title 39 / Chapter 13 / Section 39-13-702
Legislative intent
Status: in_force

(a) The general assembly hereby declares that the comprehensive evaluation, identification, treatment, and continued monitoring of sex offenders who are subject to the supervision of the criminal justice system are necessary in order to work toward the elimination of recidivism by the offenders. (b) Therefore, the general assembly hereby creates a program that standardizes the evaluation, identification, treatment, and continued monitoring of sex offenders at each stage of the criminal justice system, so that the offenders will curtail recidivistic behavior, and so that the protection of victims and potential victims will be enhanced. The general assembly recognizes that some sex offenders cannot or will not respond to treatment and that, in creating the program described in this part, the general assembly does not intend to imply that all sex offenders can be successful in treatment. Acts 1995, ch. 353, § 3.
(a) The general assembly hereby declares that the comprehensive evaluation, identification, treatment, and continued monitoring of sex offenders who are subject to the supervision of the criminal justice system are necessary in order to work toward the elimination of recidivism by the offenders.
(b) Therefore, the general assembly hereby creates a program that standardizes the evaluation, identification, treatment, and continued monitoring of sex offenders at each stage of the criminal justice system, so that the offenders will curtail recidivistic behavior, and so that the protection of victims and potential victims will be enhanced. The general assembly recognizes that some sex offenders cannot or will not respond to treatment and that, in creating the program described in this part, the general assembly does not intend to imply that all sex offenders can be successful in treatment.
Acts 1995, ch. 353, § 3.
Tenn. Code Ann. § 39-11-302 — TN Code / Title 39 / Chapter 11 / Section 39-11-302
Definitions of culpable mental state
Status: in_force

(a) "Intentional" refers to a person who acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result. (b) "Knowing" refers to a person who acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result. (c) "Reckless" refers to a person who acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint. (d) "Criminal negligence" refers to a person who acts with criminal negligence with respect to the circumstances surrounding that person's conduct or the result of that conduct when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint. Acts 1989, ch. 591, § 1.
(a) "Intentional" refers to a person who acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.
(b) "Knowing" refers to a person who acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result.
(c) "Reckless" refers to a person who acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint.
(d) "Criminal negligence" refers to a person who acts with criminal negligence with respect to the circumstances surrounding that person's conduct or the result of that conduct when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-11-602 — TN Code / Title 39 / Chapter 11 / Section 39-11-602
Justification definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Custody" means under arrest by a law enforcement officer, or under restraint by an officer, employee or agent of government pursuant to an order of a court; (2) "Deadly force" means force that is intended or known by the defendant to cause or, in the manner of its use or intended use, is capable of causing death or serious bodily injury; and (3) "Escape" means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose of limited period, but does not include a violation of conditions of probation or parole. Acts 1989, ch. 591, § 1.
As used in this part, unless the context otherwise requires:
(1) "Custody" means under arrest by a law enforcement officer, or under restraint by an officer, employee or agent of government pursuant to an order of a court;
(2) "Deadly force" means force that is intended or known by the defendant to cause or, in the manner of its use or intended use, is capable of causing death or serious bodily injury; and
(3) "Escape" means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose of limited period, but does not include a violation of conditions of probation or parole.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-13-402 — TN Code / Title 39 / Chapter 13 / Section 39-13-402
Aggravated robbery
Status: in_force

(a) Aggravated robbery is robbery as defined in § 39-13-401 : (1) Accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon; or (2) Where the victim suffers serious bodily injury. (b) Aggravated robbery is a Class B felony. Acts 1989, ch. 591, § 1.
(a) Aggravated robbery is robbery as defined in § 39-13-401 : (1) Accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon; or (2) Where the victim suffers serious bodily injury.
(1) Accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon; or
(2) Where the victim suffers serious bodily injury.
(b) Aggravated robbery is a Class B felony.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-12-209 — TN Code / Title 39 / Chapter 12 / Section 39-12-209
Investigative agencies - Oaths - Subpoenas - Evidence
Status: in_force

(a) If, pursuant to the civil enforcement provisions of this part, the investigative agency has reason to believe that a person or other enterprise has engaged in, or is engaging in, activity in violation of this part, the investigative agency may administer oaths or affirmations, subpoena witnesses or material, and collect evidence pursuant to the Tennessee Rules of Civil Procedure. (b) If matter that the investigative agency seeks to obtain by the subpoena is located outside the state, the person or enterprise subpoenaed may make the matter available to the investigative agency or its representative for examination at the place where the matter is located. The investigative agency may designate representatives, including officials of the jurisdiction in which the matter is located, to inspect the matter on its behalf and may respond to similar requests from officials of other jurisdictions. (c) Upon failure of a person or enterprise without lawful excuse to obey a subpoena, and after reasonable notice to the person or enterprise, the investigative agency may apply to the circuit or chancery court for the judicial district in which the person or enterprise resides, is found, or transacts business for an order compelling compliance. Acts 1989, ch. 591, § 1.
(a) If, pursuant to the civil enforcement provisions of this part, the investigative agency has reason to believe that a person or other enterprise has engaged in, or is engaging in, activity in violation of this part, the investigative agency may administer oaths or affirmations, subpoena witnesses or material, and collect evidence pursuant to the Tennessee Rules of Civil Procedure.
(b) If matter that the investigative agency seeks to obtain by the subpoena is located outside the state, the person or enterprise subpoenaed may make the matter available to the investigative agency or its representative for examination at the place where the matter is located. The investigative agency may designate representatives, including officials of the jurisdiction in which the matter is located, to inspect the matter on its behalf and may respond to similar requests from officials of other jurisdictions.
(c) Upon failure of a person or enterprise without lawful excuse to obey a subpoena, and after reasonable notice to the person or enterprise, the investigative agency may apply to the circuit or chancery court for the judicial district in which the person or enterprise resides, is found, or transacts business for an order compelling compliance.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-13-307 — TN Code / Title 39 / Chapter 13 / Section 39-13-307
Involuntary labor servitude - Restitution
Status: in_force

(a) A person commits the offense of involuntary labor servitude who knowingly subjects, or attempts to subject, another person to forced labor or services by: (1) Causing or threatening to cause serious bodily harm to the person; (2) Physically restraining or threatening to physically restrain the person; (3) Abusing or threatening to abuse the law or legal process; (4) Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of the person; (5) Using blackmail or using or threatening to cause financial harm for the purpose of exercising financial control over the person; (6) Facilitating or controlling the person's access to an addictive controlled substance; or (7) Controlling the person's movements through threats or violence. (b) In addition to any other amount of loss identified or any other punishment imposed, the court shall order restitution to the victim or victims in an amount equal to the greater of: (1) The gross income or value to the defendant of the victim's labor or services; or (2) The value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) ( 29 U.S.C. § 201 et seq.), or the minimum wage required in this state, whichever is higher. (c) Nothing in this section shall be construed as prohibiting the defendant from also being prosecuted for the theft of the victim's labor or services by involuntary servitude or for any other appropriate criminal statute violated by the defendant's conduct. (d) (1) Involuntary servitude is a Class C felony. (2) Involuntary servitude is a Class B felony if: (A) The violation resulted in the serious bodily injury or death of a victim; (B) The period of time during which the victim was held in servitude exceeded one (1) year; or (C) The defendant held ten (10) or more victims in servitude at any time during the course of the defendant's criminal episode. (3) Involuntary servitude is a Class A felony if the victim was more than twelve (12) years of age but less than eighteen (18) years of age. Acts 2008, ch. 1140, § 3; 2012, ch. 1074, §§ 1 - 3; 2022, ch. 1089, § 2; 2022, ch. 1115, § 19.
(a) A person commits the offense of involuntary labor servitude who knowingly subjects, or attempts to subject, another person to forced labor or services by: (1) Causing or threatening to cause serious bodily harm to the person; (2) Physically restraining or threatening to physically restrain the person; (3) Abusing or threatening to abuse the law or legal process; (4) Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of the person; (5) Using blackmail or using or threatening to cause financial harm for the purpose of exercising financial control over the person; (6) Facilitating or controlling the person's access to an addictive controlled substance; or (7) Controlling the person's movements through threats or violence.
(1) Causing or threatening to cause serious bodily harm to the person;
(2) Physically restraining or threatening to physically restrain the person;
(3) Abusing or threatening to abuse the law or legal process;
(4) Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of the person;
(5) Using blackmail or using or threatening to cause financial harm for the purpose of exercising financial control over the person;
(6) Facilitating or controlling the person's access to an addictive controlled substance; or
(7) Controlling the person's movements through threats or violence.
(b) In addition to any other amount of loss identified or any other punishment imposed, the court shall order restitution to the victim or victims in an amount equal to the greater of: (1) The gross income or value to the defendant of the victim's labor or services; or (2) The value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) ( 29 U.S.C. § 201 et seq.), or the minimum wage required in this state, whichever is higher.
(1) The gross income or value to the defendant of the victim's labor or services; or
(2) The value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) ( 29 U.S.C. § 201 et seq.), or the minimum wage required in this state, whichever is higher.
(c) Nothing in this section shall be construed as prohibiting the defendant from also being prosecuted for the theft of the victim's labor or services by involuntary servitude or for any other appropriate criminal statute violated by the defendant's conduct.
(d) (1) Involuntary servitude is a Class C felony. (2) Involuntary servitude is a Class B felony if: (A) The violation resulted in the serious bodily injury or death of a victim; (B) The period of time during which the victim was held in servitude exceeded one (1) year; or (C) The defendant held ten (10) or more victims in servitude at any time during the course of the defendant's criminal episode. (3) Involuntary servitude is a Class A felony if the victim was more than twelve (12) years of age but less than eighteen (18) years of age.
(1) Involuntary servitude is a Class C felony.
(2) Involuntary servitude is a Class B felony if: (A) The violation resulted in the serious bodily injury or death of a victim; (B) The period of time during which the victim was held in servitude exceeded one (1) year; or (C) The defendant held ten (10) or more victims in servitude at any time during the course of the defendant's criminal episode.
(A) The violation resulted in the serious bodily injury or death of a victim;
(B) The period of time during which the victim was held in servitude exceeded one (1) year; or
(C) The defendant held ten (10) or more victims in servitude at any time during the course of the defendant's criminal episode.
(3) Involuntary servitude is a Class A felony if the victim was more than twelve (12) years of age but less than eighteen (18) years of age.
Acts 2008, ch. 1140, § 3; 2012, ch. 1074, §§ 1 - 3; 2022, ch. 1089, § 2; 2022, ch. 1115, § 19.
Tenn. Code Ann. § 39-13-208-d-1 — TN Code / Title 39 / Chapter 13 / Section 39-13-208-d-1
2024 Tennessee Code Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-101 — 39-13-1004) Part 2 - CRIMINAL HOMICIDE (§§ 39-13-201 — 39-13-219) Section 39-13-208 - [Effective when contingency is met. See the version effective until contingency is met and Compiler's Notes] Notice of penalty to be sought for capital offenses
Status: in_force

(a) Written notice that the state intends to seek the death penalty, filed pursuant to Rule 12.3(b) of the Tennessee Rules of Criminal Procedure, shall constitute notice that the state also intends to seek, as a possible punishment, a sentence of imprisonment for life without possibility of parole. (b) Where a capital offense is charged in the indictment or presentment and the district attorney general intends to ask for the sentence of imprisonment for life without possibility of parole, written notice shall be filed not less than thirty (30) days prior to trial. If the notice is filed later than this time, the trial judge shall grant the defendant, upon motion by the defendant, a reasonable continuance of the trial. The notice shall specify that the state intends to seek the sentence of imprisonment for life without possibility of parole and, unless the offense charged is a violation of first degree murder as described in § 39-13-202(c)(2) , aggravated rape of a child, or grave torture, the notice shall specify the aggravating circumstance or circumstances the state intends to rely upon at a sentencing hearing. Specification may be complied with by a reference to the citation of the circumstance or circumstances. Such notice shall be in writing and filed with the court and served on counsel. (c) If notice is not filed pursuant to subsection (a) or (b), the defendant shall be sentenced to imprisonment for life by the court, if the defendant is found guilty of murder in the first degree. (d) The defendant and the state of Tennessee may enter into a plea agreement whereby the defendant is sentenced to imprisonment for life without possibility of parole, pursuant to Rule 11 of the Tennessee Rules of Criminal Procedure. Amended by 2024 Tenn. Acts, ch. 951,s 27, eff. 7/1/2024. Amended by 2022 Tenn. Acts, ch. 1062, s 10, eff. on the thirtieth day following the occurrence of either : (1) The issuance of the judgment in a decision of the United States supreme court overruling, in whole or in relevant part, Kennedy v. Louisiana, 554 U.S. 407 (2008); or (2) The ratification of an amendment to the Constitution of the United States approving the use of the death penalty as punishment for the conviction of an offense involving the infliction of severe physical and mental pain and suffering upon the victim with the intent to perpetrate first degree murder that does not result in the death of the victim. Amended by 2021 Tenn. Acts, ch. 528, s 19, eff. 7/1/2021. Acts 1993, ch. 473, § 8. This section is set out more than once due to postponed, multiple, or conflicting amendments.
(a) Written notice that the state intends to seek the death penalty, filed pursuant to Rule 12.3(b) of the Tennessee Rules of Criminal Procedure, shall constitute notice that the state also intends to seek, as a possible punishment, a sentence of imprisonment for life without possibility of parole.
(b) Where a capital offense is charged in the indictment or presentment and the district attorney general intends to ask for the sentence of imprisonment for life without possibility of parole, written notice shall be filed not less than thirty (30) days prior to trial. If the notice is filed later than this time, the trial judge shall grant the defendant, upon motion by the defendant, a reasonable continuance of the trial. The notice shall specify that the state intends to seek the sentence of imprisonment for life without possibility of parole and, unless the offense charged is a violation of first degree murder as described in § 39-13-202(c)(2) , aggravated rape of a child, or grave torture, the notice shall specify the aggravating circumstance or circumstances the state intends to rely upon at a sentencing hearing. Specification may be complied with by a reference to the citation of the circumstance or circumstances. Such notice shall be in writing and filed with the court and served on counsel.
(c) If notice is not filed pursuant to subsection (a) or (b), the defendant shall be sentenced to imprisonment for life by the court, if the defendant is found guilty of murder in the first degree.
(d) The defendant and the state of Tennessee may enter into a plea agreement whereby the defendant is sentenced to imprisonment for life without possibility of parole, pursuant to Rule 11 of the Tennessee Rules of Criminal Procedure.
Amended by 2024 Tenn. Acts, ch. 951,s 27, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1062, s 10, eff. on the thirtieth day following the occurrence of either : (1) The issuance of the judgment in a decision of the United States supreme court overruling, in whole or in relevant part, Kennedy v. Louisiana, 554 U.S. 407 (2008); or (2) The ratification of an amendment to the Constitution of the United States approving the use of the death penalty as punishment for the conviction of an offense involving the infliction of severe physical and mental pain and suffering upon the victim with the intent to perpetrate first degree murder that does not result in the death of the victim.
Amended by 2021 Tenn. Acts, ch. 528, s 19, eff. 7/1/2021.
Acts 1993, ch. 473, § 8.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
Tenn. Code Ann. § 39-17-653 — TN Code / Title 39 / Chapter 17 / Section 39-17-653
Offense of conducting annual event at an unauthorized location or on unauthorized date
Status: in_force

(a) It is an offense for any person to knowingly conduct an annual event at a location other than the location, or locations, listed in a nonprofit organization's annual event application pursuant to § 3-17-104(e)(4) . (b) It is an offense for any person to knowingly conduct an annual event on a date not authorized pursuant to title 3, chapter 17. (c) A violation of this section is a Class C misdemeanor; provided, however, that the maximum fine shall be ten thousand dollars ($10,000). Amended by 2015 Tenn. Acts, ch. 134,s 26, eff. 4/14/2015. Acts 2004, ch. 476, § 9.
(a) It is an offense for any person to knowingly conduct an annual event at a location other than the location, or locations, listed in a nonprofit organization's annual event application pursuant to § 3-17-104(e)(4) .
(b) It is an offense for any person to knowingly conduct an annual event on a date not authorized pursuant to title 3, chapter 17.
(c) A violation of this section is a Class C misdemeanor; provided, however, that the maximum fine shall be ten thousand dollars ($10,000).
Amended by 2015 Tenn. Acts, ch. 134,s 26, eff. 4/14/2015.
Acts 2004, ch. 476, § 9.
Tenn. Code Ann. § 39-14-303 — TN Code / Title 39 / Chapter 14 / Section 39-14-303
Setting fire to personal property or land
Status: in_force

(a) A person commits arson who knowingly damages any personal property, land, or other property, except buildings or structures covered under § 39-14-301 , by means of a fire or explosion: (1) Without the consent of all persons who have a possessory or proprietary interest therein; or (2) With intent to destroy or damage any such property for any unlawful purpose. (b) A violation of this section is a Class E felony. Acts 1989, ch. 591, § 1.
(a) A person commits arson who knowingly damages any personal property, land, or other property, except buildings or structures covered under § 39-14-301 , by means of a fire or explosion: (1) Without the consent of all persons who have a possessory or proprietary interest therein; or (2) With intent to destroy or damage any such property for any unlawful purpose.
(1) Without the consent of all persons who have a possessory or proprietary interest therein; or
(2) With intent to destroy or damage any such property for any unlawful purpose.
(b) A violation of this section is a Class E felony.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-14-703 — TN Code / Title 39 / Chapter 14 / Section 39-14-703
Possession of tools to interfere with anti-theft security devices
Status: in_force

(a) It is an offense to possess any device, tool, machine, implement or other item with the intent to use it or allow it to be used to unlawfully deactivate, circumvent, interfere with, remove or otherwise render inoperative a monitor, sensor, camera or other security device used or designed to prevent or deter the theft of retail merchandise. (b) A violation of this section is a Class A misdemeanor. Acts 2009, ch. 83, § 1.
(a) It is an offense to possess any device, tool, machine, implement or other item with the intent to use it or allow it to be used to unlawfully deactivate, circumvent, interfere with, remove or otherwise render inoperative a monitor, sensor, camera or other security device used or designed to prevent or deter the theft of retail merchandise.
(b) A violation of this section is a Class A misdemeanor.
Acts 2009, ch. 83, § 1.