Tenn. Code Ann. § 39-14-902 — TN Code / Title 39 / Chapter 14 / Section 39-14-902
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Attorney general" means the district attorneys general and their assistants; (2) "Financial transaction" means a purchase, sale, loan, pledge, contract, gift, payment, and also includes a withdrawal, transmission of funds, transfer between accounts or deposit, of monetary or negotiable instruments, funds or an exchange of any other property, including, but not limited to, currency, precious metals, stones or jewelry, tickets, stamps or credit in a financial institution. "Financial transaction" does not include: (A) Any transaction conducted, or attempted, at the request of or in cooperation with any local, state or federal law enforcement official with regard to any person acting at the request of or cooperating with the official when the person knows that the official is making an official request; (B) Any transaction conducted by a person, corporation or financial institution, in the ordinary course of business, with a duty to comply with any state or federal currency transaction reporting or recording requirements, unless the person, corporation or financial institution shall intentionally violate or circumvent the state or federal currency transaction reporting or recording requirements, but only as to that person, corporation or financial institution; (C) Any transaction conducted, or attempted, by a person, corporation or financial institution, in the ordinary course of business, which is deemed by the person, corporation or financial institution to be a suspicious transaction or transactions, whether reportable or not under any state or federal currency transaction reporting or recording requirements, where: (i) The person or corporation reports the suspicious transaction, or a similar transaction conducted previously, to any local, state or federal law enforcement official and the report would not violate any attorney-client privilege; or (ii) In the case of a financial institution, the financial institution reported the transaction, or a related transaction conducted previously, to the institution's primary regulator or to another regulator or law enforcement official pursuant to the directions of the institution's primary regulator; but only with regard to the person, corporation or financial institution making the report; or (D) Bona fide legal fees received by a licensed attorney; (3) "Knowingly uses or attempts to use proceeds derived directly or indirectly from a specified unlawful activity" means that any person or party to the transaction or act knew that the property or proceeds involved in the transaction or act represented or constituted, either in whole or in part, proceeds from some form, though not necessarily which form, of any criminal offense under the laws of this state, or any other jurisdiction. A person, corporation or financial institution receiving funds or property in the ordinary course of business shall not have "knowledge" that the funds or property so received represented proceeds of any specified unlawful activity solely because of: (A) The identity or reputation of the transferor of the funds or property; or (B) The identity or reputation of an associate of the transferor; (4) "Proceeds" includes gross profits from the commission of any specified unlawful activity, including property, real, personal or intangible of any kind, acquired or derived, directly or indirectly, from, produced through, realized through or caused by an act or omission; (5) "Property" means anything of value, and includes any interest in property, including any benefit, privilege, claim or right with respect to anything of value, whether real or personal, tangible or intangible; (6) (A) "Specified unlawful activity" means any act, including any preparatory or completed offense, committed for financial gain that is punishable as a felony under the laws of this state, or if the act occurred outside this state, would be punishable by confinement for more than one (1) year under the laws of the state in which it occurred; and (B) "Specified unlawful activity" does not mean an act, including any preparatory or completed offense, committed for financial gain that is punishable under chapter 17, part 5 of this title, or similar provisions of law in another state; and (7) "Use" and "conduct" means to initiate, conclude, participate, negotiate, transport, conceal, or to aid or abet in such acts. Acts 1996, ch. 1012, § 1; 2009, ch. 386, § 1; 2012, ch. 851, § 1.
As used in this part, unless the context otherwise requires:
(1) "Attorney general" means the district attorneys general and their assistants;
(2) "Financial transaction" means a purchase, sale, loan, pledge, contract, gift, payment, and also includes a withdrawal, transmission of funds, transfer between accounts or deposit, of monetary or negotiable instruments, funds or an exchange of any other property, including, but not limited to, currency, precious metals, stones or jewelry, tickets, stamps or credit in a financial institution. "Financial transaction" does not include: (A) Any transaction conducted, or attempted, at the request of or in cooperation with any local, state or federal law enforcement official with regard to any person acting at the request of or cooperating with the official when the person knows that the official is making an official request; (B) Any transaction conducted by a person, corporation or financial institution, in the ordinary course of business, with a duty to comply with any state or federal currency transaction reporting or recording requirements, unless the person, corporation or financial institution shall intentionally violate or circumvent the state or federal currency transaction reporting or recording requirements, but only as to that person, corporation or financial institution; (C) Any transaction conducted, or attempted, by a person, corporation or financial institution, in the ordinary course of business, which is deemed by the person, corporation or financial institution to be a suspicious transaction or transactions, whether reportable or not under any state or federal currency transaction reporting or recording requirements, where: (i) The person or corporation reports the suspicious transaction, or a similar transaction conducted previously, to any local, state or federal law enforcement official and the report would not violate any attorney-client privilege; or (ii) In the case of a financial institution, the financial institution reported the transaction, or a related transaction conducted previously, to the institution's primary regulator or to another regulator or law enforcement official pursuant to the directions of the institution's primary regulator; but only with regard to the person, corporation or financial institution making the report; or (D) Bona fide legal fees received by a licensed attorney;
(A) Any transaction conducted, or attempted, at the request of or in cooperation with any local, state or federal law enforcement official with regard to any person acting at the request of or cooperating with the official when the person knows that the official is making an official request;
(B) Any transaction conducted by a person, corporation or financial institution, in the ordinary course of business, with a duty to comply with any state or federal currency transaction reporting or recording requirements, unless the person, corporation or financial institution shall intentionally violate or circumvent the state or federal currency transaction reporting or recording requirements, but only as to that person, corporation or financial institution;
(C) Any transaction conducted, or attempted, by a person, corporation or financial institution, in the ordinary course of business, which is deemed by the person, corporation or financial institution to be a suspicious transaction or transactions, whether reportable or not under any state or federal currency transaction reporting or recording requirements, where: (i) The person or corporation reports the suspicious transaction, or a similar transaction conducted previously, to any local, state or federal law enforcement official and the report would not violate any attorney-client privilege; or (ii) In the case of a financial institution, the financial institution reported the transaction, or a related transaction conducted previously, to the institution's primary regulator or to another regulator or law enforcement official pursuant to the directions of the institution's primary regulator; but only with regard to the person, corporation or financial institution making the report; or
(i) The person or corporation reports the suspicious transaction, or a similar transaction conducted previously, to any local, state or federal law enforcement official and the report would not violate any attorney-client privilege; or
(ii) In the case of a financial institution, the financial institution reported the transaction, or a related transaction conducted previously, to the institution's primary regulator or to another regulator or law enforcement official pursuant to the directions of the institution's primary regulator; but only with regard to the person, corporation or financial institution making the report; or
(D) Bona fide legal fees received by a licensed attorney;
(3) "Knowingly uses or attempts to use proceeds derived directly or indirectly from a specified unlawful activity" means that any person or party to the transaction or act knew that the property or proceeds involved in the transaction or act represented or constituted, either in whole or in part, proceeds from some form, though not necessarily which form, of any criminal offense under the laws of this state, or any other jurisdiction. A person, corporation or financial institution receiving funds or property in the ordinary course of business shall not have "knowledge" that the funds or property so received represented proceeds of any specified unlawful activity solely because of: (A) The identity or reputation of the transferor of the funds or property; or (B) The identity or reputation of an associate of the transferor;
(A) The identity or reputation of the transferor of the funds or property; or
(B) The identity or reputation of an associate of the transferor;
(4) "Proceeds" includes gross profits from the commission of any specified unlawful activity, including property, real, personal or intangible of any kind, acquired or derived, directly or indirectly, from, produced through, realized through or caused by an act or omission;
(5) "Property" means anything of value, and includes any interest in property, including any benefit, privilege, claim or right with respect to anything of value, whether real or personal, tangible or intangible;
(6) (A) "Specified unlawful activity" means any act, including any preparatory or completed offense, committed for financial gain that is punishable as a felony under the laws of this state, or if the act occurred outside this state, would be punishable by confinement for more than one (1) year under the laws of the state in which it occurred; and (B) "Specified unlawful activity" does not mean an act, including any preparatory or completed offense, committed for financial gain that is punishable under chapter 17, part 5 of this title, or similar provisions of law in another state; and
(A) "Specified unlawful activity" means any act, including any preparatory or completed offense, committed for financial gain that is punishable as a felony under the laws of this state, or if the act occurred outside this state, would be punishable by confinement for more than one (1) year under the laws of the state in which it occurred; and
(B) "Specified unlawful activity" does not mean an act, including any preparatory or completed offense, committed for financial gain that is punishable under chapter 17, part 5 of this title, or similar provisions of law in another state; and
(7) "Use" and "conduct" means to initiate, conclude, participate, negotiate, transport, conceal, or to aid or abet in such acts.
Acts 1996, ch. 1012, § 1; 2009, ch. 386, § 1; 2012, ch. 851, § 1.
Tenn. Code Ann. § 39-11-115 — TN Code / Title 39 / Chapter 11 / Section 39-11-115
Determination of value
Status: in_force

Whenever a determination of value is necessary to assess the class of an offense in this code or the level of punishment, the determination of value shall be made by the trier of fact beyond a reasonable doubt. Acts 1989, ch. 591, § 1.
Whenever a determination of value is necessary to assess the class of an offense in this code or the level of punishment, the determination of value shall be made by the trier of fact beyond a reasonable doubt.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-15-512 — TN Code / Title 39 / Chapter 15 / Section 39-15-512
Offense of sexual exploitation of elderly adult or vulnerable adult
Status: in_force

(a) It is an offense for any person to knowingly sexually exploit an elderly adult or vulnerable adult. (b) A violation of this section is a Class A misdemeanor. Added by 2019 Tenn. Acts, ch. 474,s 12, eff. 1/1/2020.
(a) It is an offense for any person to knowingly sexually exploit an elderly adult or vulnerable adult.
(b) A violation of this section is a Class A misdemeanor.
Added by 2019 Tenn. Acts, ch. 474,s 12, eff. 1/1/2020.
Tenn. Code Ann. § 39-17-1357 — TN Code / Title 39 / Chapter 17 / Section 39-17-1357
Notice of address change
Status: in_force

(a) Within sixty (60) days of any change in a permit holder's principal place of residence, the permit holder shall notify the department in writing of the permit holder's new address. (b) On or after January 1, 2015, the department shall provide a method for permit holders to notify the department electronically on the department's website. Amended by 2014 Tenn. Acts, ch. 816,s 1, eff. 4/29/2014. Acts 1996, ch. 905, § 9.
(a) Within sixty (60) days of any change in a permit holder's principal place of residence, the permit holder shall notify the department in writing of the permit holder's new address.
(b) On or after January 1, 2015, the department shall provide a method for permit holders to notify the department electronically on the department's website.
Amended by 2014 Tenn. Acts, ch. 816,s 1, eff. 4/29/2014.
Acts 1996, ch. 905, § 9.
Tenn. Code Ann. § 39-17-1361 — TN Code / Title 39 / Chapter 17 / Section 39-17-1361
Chief law enforcement officer's certification for transfer or making of firearm
Status: in_force

(a) As used in this section: (1) "Certification" means the participation and assent of the chief law enforcement officer necessary under federal law for the approval of the application to transfer or make a firearm; (2) "Chief law enforcement officer" or "officer" means any official, or the official's designee, that the federal bureau of alcohol, tobacco, firearms and explosives, or any successor agency, identifies by regulation or otherwise as eligible to provide any required certification for the making or transfer of a firearm; and (3) "Firearm" has the same meaning as provided in the National Firearms Act ( 26 U.S.C. § 5845(a) ). (b) When a chief law enforcement officer's certification is required by federal law or regulation for the transfer or making of a firearm, the officer shall, within fifteen (15) days of receipt of a request for certification, provide such certification if the applicant is not prohibited by law from receiving or possessing the firearm, including pursuant to § 39-17-1316 , and is not the subject of a proceeding that could result in the applicant being prohibited by law from receiving or possessing the firearm. If the officer is unable to make a certification as required by this section, the officer shall provide the applicant a written notification of the denial and the reason for this determination. (c) An officer shall not be required by this section to make any certification the officer knows to be untrue, but the officer may not refuse to provide certification based on a generalized objection to private persons or entities making, possessing, or receiving firearms or any certain type of firearm the possession of which is not prohibited by law. (d) An officer and the officer's employees who act in good faith are immune from civil liability arising from any act or omission in making a certification as required by this section. (e) An applicant whose request for certification is denied may appeal the officer's decision to the circuit court or chancery court that is located in the jurisdiction in which the applicant resides or maintains its address of record. The court shall review the officer's decision to deny the certification de novo. If the court finds that the applicant is not prohibited by law from receiving or possessing the firearm and is not the subject of a proceeding that could result in such prohibition and that no substantial evidence supports the officer's determination that the officer cannot truthfully make the certification, the court shall order the officer to issue the certification. (f) In making the determination required by subsection (b), an officer may conduct a criminal background check and may require of the applicant only the information that is necessary to identify the applicant for that purpose or to determine the disposition of an arrest or proceeding relevant to the applicant's eligibility to lawfully possess or receive a firearm. An officer may not require access to or inspection of any private residential premises as a condition of granting an application under this section. Amended by 2015 Tenn. Acts, ch. 234,s 1, eff. 4/21/2015. Acts 2003, ch. 275, § 1.
(a) As used in this section: (1) "Certification" means the participation and assent of the chief law enforcement officer necessary under federal law for the approval of the application to transfer or make a firearm; (2) "Chief law enforcement officer" or "officer" means any official, or the official's designee, that the federal bureau of alcohol, tobacco, firearms and explosives, or any successor agency, identifies by regulation or otherwise as eligible to provide any required certification for the making or transfer of a firearm; and (3) "Firearm" has the same meaning as provided in the National Firearms Act ( 26 U.S.C. § 5845(a) ).
(1) "Certification" means the participation and assent of the chief law enforcement officer necessary under federal law for the approval of the application to transfer or make a firearm;
(2) "Chief law enforcement officer" or "officer" means any official, or the official's designee, that the federal bureau of alcohol, tobacco, firearms and explosives, or any successor agency, identifies by regulation or otherwise as eligible to provide any required certification for the making or transfer of a firearm; and
(3) "Firearm" has the same meaning as provided in the National Firearms Act ( 26 U.S.C. § 5845(a) ).
(b) When a chief law enforcement officer's certification is required by federal law or regulation for the transfer or making of a firearm, the officer shall, within fifteen (15) days of receipt of a request for certification, provide such certification if the applicant is not prohibited by law from receiving or possessing the firearm, including pursuant to § 39-17-1316 , and is not the subject of a proceeding that could result in the applicant being prohibited by law from receiving or possessing the firearm. If the officer is unable to make a certification as required by this section, the officer shall provide the applicant a written notification of the denial and the reason for this determination.
(c) An officer shall not be required by this section to make any certification the officer knows to be untrue, but the officer may not refuse to provide certification based on a generalized objection to private persons or entities making, possessing, or receiving firearms or any certain type of firearm the possession of which is not prohibited by law.
(d) An officer and the officer's employees who act in good faith are immune from civil liability arising from any act or omission in making a certification as required by this section.
(e) An applicant whose request for certification is denied may appeal the officer's decision to the circuit court or chancery court that is located in the jurisdiction in which the applicant resides or maintains its address of record. The court shall review the officer's decision to deny the certification de novo. If the court finds that the applicant is not prohibited by law from receiving or possessing the firearm and is not the subject of a proceeding that could result in such prohibition and that no substantial evidence supports the officer's determination that the officer cannot truthfully make the certification, the court shall order the officer to issue the certification.
(f) In making the determination required by subsection (b), an officer may conduct a criminal background check and may require of the applicant only the information that is necessary to identify the applicant for that purpose or to determine the disposition of an arrest or proceeding relevant to the applicant's eligibility to lawfully possess or receive a firearm. An officer may not require access to or inspection of any private residential premises as a condition of granting an application under this section.
Amended by 2015 Tenn. Acts, ch. 234,s 1, eff. 4/21/2015.
Acts 2003, ch. 275, § 1.
Tenn. Code Ann. § 39-17-1313 — TN Code / Title 39 / Chapter 17 / Section 39-17-1313
Transporting and storing a firearm or firearm ammunition in motor vehicle by permit holder or one who lawfully carries a handgun
Status: in_force

(a) Notwithstanding any law or any ordinance or resolution adopted by the governing body of a city, county, or metropolitan government, including any ordinance or resolution enacted before April 8, 1986, that prohibits or regulates the possession, transportation, or storage of a firearm or firearm ammunition, a person who has a valid enhanced handgun carry permit or concealed handgun carry permit or who lawfully carries a handgun pursuant to § 39-17-1307(g) may, unless expressly prohibited by federal law, transport and store a firearm or firearm ammunition in the person's motor vehicle, as defined in § 55-1-103 , while on or utilizing any public or private parking area if: (1) The person's motor vehicle is parked in a location where the motor vehicle is permitted to be; and (2) The firearm or ammunition being transported or stored in the motor vehicle: (A) Is kept from ordinary observation if the person is in the motor vehicle; or (B) Is kept from ordinary observation and locked within the trunk, glove box, or interior of the person's motor vehicle or a container securely affixed to the motor vehicle if the person is not in the motor vehicle. (b) No business entity, public or private employer, or the owner, manager, or legal possessor of the property shall be held liable in any civil action for damages, injuries or death resulting from or arising out of another's actions involving a firearm or ammunition transported or stored by a person in a person's motor vehicle pursuant to subsection (a) unless the business entity, public or private employer, or the owner, manager, or legal possessor of the property commits an offense involving the use of the stored firearm or ammunition or intentionally solicits or procures the conduct resulting in the damage, injury or death. Nor shall a business entity, public or private employer, or the owner, manager, or legal possessor of the property be responsible for the theft of a firearm or ammunition stored by a person in a person's motor vehicle pursuant to subsection (a). (c) For purposes of this section: (1) "Motor vehicle" means any motor vehicle as defined in § 55-1-103 , which is in the lawful possession of the person, but does not include any motor vehicle which is owned or leased by a governmental or business entity and that is provided by such entity to an employee for use during the course of employment if the entity has adopted a written policy prohibiting firearms or ammunition not required for employment within the entity's motor vehicles; and (2) (A) "Parking area" means any property provided by a business entity, public or private employer, or the owner, manager, or legal possessor of the property for the purpose of permitting its invitees, customers, clients or employees to park privately owned motor vehicles; and (B) "Parking area" does not include the grounds or property of an owner-occupied, single-family detached residence, or a tenant-occupied single-family detached residence. (d) A person transporting, storing or both transporting and storing a firearm or firearm ammunition in accordance with this section does not violate this section if the firearm or firearm ammunition is observed by another person or security device during the ordinary course of the person securing the firearm or firearm ammunition from observation in or on a motor vehicle. Amended by 2021 Tenn. Acts, ch. 108, Secs.s3, s4, s5 eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 108, s 2, eff. 7/1/2021. Amended by 2019 Tenn. Acts, ch. 479, s 9, eff. 1/1/2020. Amended by 2019 Tenn. Acts, ch. 479, s 8, eff. 1/1/2020. Amended by 2014 Tenn. Acts, ch. 768, s 1, eff. 5/1/2014. Amended by 2014 Tenn. Acts, ch. 505, s 1, eff. 5/1/2014. Amended by 2014 Tenn. Acts, ch. 498, s 1, eff. 5/1/2014. Added by 2013 Tenn. Acts, ch. 16, s 1, eff. 7/1/2013.
(a) Notwithstanding any law or any ordinance or resolution adopted by the governing body of a city, county, or metropolitan government, including any ordinance or resolution enacted before April 8, 1986, that prohibits or regulates the possession, transportation, or storage of a firearm or firearm ammunition, a person who has a valid enhanced handgun carry permit or concealed handgun carry permit or who lawfully carries a handgun pursuant to § 39-17-1307(g) may, unless expressly prohibited by federal law, transport and store a firearm or firearm ammunition in the person's motor vehicle, as defined in § 55-1-103 , while on or utilizing any public or private parking area if: (1) The person's motor vehicle is parked in a location where the motor vehicle is permitted to be; and (2) The firearm or ammunition being transported or stored in the motor vehicle: (A) Is kept from ordinary observation if the person is in the motor vehicle; or (B) Is kept from ordinary observation and locked within the trunk, glove box, or interior of the person's motor vehicle or a container securely affixed to the motor vehicle if the person is not in the motor vehicle.
(1) The person's motor vehicle is parked in a location where the motor vehicle is permitted to be; and
(2) The firearm or ammunition being transported or stored in the motor vehicle: (A) Is kept from ordinary observation if the person is in the motor vehicle; or (B) Is kept from ordinary observation and locked within the trunk, glove box, or interior of the person's motor vehicle or a container securely affixed to the motor vehicle if the person is not in the motor vehicle.
(A) Is kept from ordinary observation if the person is in the motor vehicle; or
(B) Is kept from ordinary observation and locked within the trunk, glove box, or interior of the person's motor vehicle or a container securely affixed to the motor vehicle if the person is not in the motor vehicle.
(b) No business entity, public or private employer, or the owner, manager, or legal possessor of the property shall be held liable in any civil action for damages, injuries or death resulting from or arising out of another's actions involving a firearm or ammunition transported or stored by a person in a person's motor vehicle pursuant to subsection (a) unless the business entity, public or private employer, or the owner, manager, or legal possessor of the property commits an offense involving the use of the stored firearm or ammunition or intentionally solicits or procures the conduct resulting in the damage, injury or death. Nor shall a business entity, public or private employer, or the owner, manager, or legal possessor of the property be responsible for the theft of a firearm or ammunition stored by a person in a person's motor vehicle pursuant to subsection (a).
(c) For purposes of this section: (1) "Motor vehicle" means any motor vehicle as defined in § 55-1-103 , which is in the lawful possession of the person, but does not include any motor vehicle which is owned or leased by a governmental or business entity and that is provided by such entity to an employee for use during the course of employment if the entity has adopted a written policy prohibiting firearms or ammunition not required for employment within the entity's motor vehicles; and (2) (A) "Parking area" means any property provided by a business entity, public or private employer, or the owner, manager, or legal possessor of the property for the purpose of permitting its invitees, customers, clients or employees to park privately owned motor vehicles; and (B) "Parking area" does not include the grounds or property of an owner-occupied, single-family detached residence, or a tenant-occupied single-family detached residence.
(1) "Motor vehicle" means any motor vehicle as defined in § 55-1-103 , which is in the lawful possession of the person, but does not include any motor vehicle which is owned or leased by a governmental or business entity and that is provided by such entity to an employee for use during the course of employment if the entity has adopted a written policy prohibiting firearms or ammunition not required for employment within the entity's motor vehicles; and
(2) (A) "Parking area" means any property provided by a business entity, public or private employer, or the owner, manager, or legal possessor of the property for the purpose of permitting its invitees, customers, clients or employees to park privately owned motor vehicles; and (B) "Parking area" does not include the grounds or property of an owner-occupied, single-family detached residence, or a tenant-occupied single-family detached residence.
(A) "Parking area" means any property provided by a business entity, public or private employer, or the owner, manager, or legal possessor of the property for the purpose of permitting its invitees, customers, clients or employees to park privately owned motor vehicles; and
(B) "Parking area" does not include the grounds or property of an owner-occupied, single-family detached residence, or a tenant-occupied single-family detached residence.
(d) A person transporting, storing or both transporting and storing a firearm or firearm ammunition in accordance with this section does not violate this section if the firearm or firearm ammunition is observed by another person or security device during the ordinary course of the person securing the firearm or firearm ammunition from observation in or on a motor vehicle.
Amended by 2021 Tenn. Acts, ch. 108, Secs.s3, s4, s5 eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 108, s 2, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 479, s 9, eff. 1/1/2020.
Amended by 2019 Tenn. Acts, ch. 479, s 8, eff. 1/1/2020.
Amended by 2014 Tenn. Acts, ch. 768, s 1, eff. 5/1/2014.
Amended by 2014 Tenn. Acts, ch. 505, s 1, eff. 5/1/2014.
Amended by 2014 Tenn. Acts, ch. 498, s 1, eff. 5/1/2014.
Added by 2013 Tenn. Acts, ch. 16, s 1, eff. 7/1/2013.
Tenn. Code Ann. § 39-16-201 — TN Code / Title 39 / Chapter 16 / Section 39-16-201
Introduction or possession of weapons, ammunition, explosives, intoxicants, legend drugs, controlled substances, controlled substance analogues, or telecommunication devices into penal institution
Status: in_force

(a) As used in this section, unless the context otherwise requires, "telecommunication device" means any type of instrument, device, machine, or equipment that is capable of transmitting telephonic, electronic, digital, cellular or radio communications, or any part of such instrument, device, machine or equipment that is capable of facilitating the transmission of telephonic, electronic, digital, cellular or radio communications. "Telecommunication device" shall include, but not be limited to, cellular phones, digital phones and modem equipment devices. (b) It is unlawful for any person to: (1) Knowingly and with unlawful intent take, send, or otherwise cause to be taken into any penal institution where prisoners are quartered or under custodial supervision: (A) Any weapon, ammunition, or explosive; (B) Any intoxicant, legend drug, controlled substance, or controlled substance analogue found in chapter 17, part 4 of this title; or (C) Any telecommunication device; or (2) Knowingly and with unlawful intent possess any of the following materials while present in any penal institution where prisoners are quartered or under custodial supervision without the express written consent of the chief administrator of the institution: (A) Any weapon, ammunition, or explosive; (B) Any intoxicant, legend drug, controlled substance, or controlled substance analogue found in chapter 17, part 4 of this title; or (C) Any telecommunication device. (c) (1) A violation of subdivision (b)(1)(A) or (b)(2)(A) is a Class C felony. (2) A violation of subdivision (b)(1)(B), (b)(1)(C), or (b)(2)(B) is a Class D felony. (3) A violation of subdivision (b)(2)(C) is a Class E felony. A first violation is punishable only by fine. A second or subsequent violation is punishable only by a fine of three thousand dollars ($3,000). Amended by 2021 Tenn. Acts, ch. 236, s 2, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 236, s 1, eff. 7/1/2021. Amended by 2019 Tenn. Acts, ch. 486, s 7, eff. 7/1/2019. Acts 1989, ch. 591, § 1; 1994, ch. 629, §§ 1, 2; 2006, ch. 1006, §§ 1 - 3; 2012 , ch. 848, § 15.
(a) As used in this section, unless the context otherwise requires, "telecommunication device" means any type of instrument, device, machine, or equipment that is capable of transmitting telephonic, electronic, digital, cellular or radio communications, or any part of such instrument, device, machine or equipment that is capable of facilitating the transmission of telephonic, electronic, digital, cellular or radio communications. "Telecommunication device" shall include, but not be limited to, cellular phones, digital phones and modem equipment devices.
(b) It is unlawful for any person to: (1) Knowingly and with unlawful intent take, send, or otherwise cause to be taken into any penal institution where prisoners are quartered or under custodial supervision: (A) Any weapon, ammunition, or explosive; (B) Any intoxicant, legend drug, controlled substance, or controlled substance analogue found in chapter 17, part 4 of this title; or (C) Any telecommunication device; or (2) Knowingly and with unlawful intent possess any of the following materials while present in any penal institution where prisoners are quartered or under custodial supervision without the express written consent of the chief administrator of the institution: (A) Any weapon, ammunition, or explosive; (B) Any intoxicant, legend drug, controlled substance, or controlled substance analogue found in chapter 17, part 4 of this title; or (C) Any telecommunication device.
(1) Knowingly and with unlawful intent take, send, or otherwise cause to be taken into any penal institution where prisoners are quartered or under custodial supervision: (A) Any weapon, ammunition, or explosive; (B) Any intoxicant, legend drug, controlled substance, or controlled substance analogue found in chapter 17, part 4 of this title; or (C) Any telecommunication device; or
(A) Any weapon, ammunition, or explosive;
(B) Any intoxicant, legend drug, controlled substance, or controlled substance analogue found in chapter 17, part 4 of this title; or
(C) Any telecommunication device; or
(2) Knowingly and with unlawful intent possess any of the following materials while present in any penal institution where prisoners are quartered or under custodial supervision without the express written consent of the chief administrator of the institution: (A) Any weapon, ammunition, or explosive; (B) Any intoxicant, legend drug, controlled substance, or controlled substance analogue found in chapter 17, part 4 of this title; or (C) Any telecommunication device.
(A) Any weapon, ammunition, or explosive;
(B) Any intoxicant, legend drug, controlled substance, or controlled substance analogue found in chapter 17, part 4 of this title; or
(C) Any telecommunication device.
(c) (1) A violation of subdivision (b)(1)(A) or (b)(2)(A) is a Class C felony. (2) A violation of subdivision (b)(1)(B), (b)(1)(C), or (b)(2)(B) is a Class D felony. (3) A violation of subdivision (b)(2)(C) is a Class E felony. A first violation is punishable only by fine. A second or subsequent violation is punishable only by a fine of three thousand dollars ($3,000).
(1) A violation of subdivision (b)(1)(A) or (b)(2)(A) is a Class C felony.
(2) A violation of subdivision (b)(1)(B), (b)(1)(C), or (b)(2)(B) is a Class D felony.
(3) A violation of subdivision (b)(2)(C) is a Class E felony. A first violation is punishable only by fine. A second or subsequent violation is punishable only by a fine of three thousand dollars ($3,000).
Amended by 2021 Tenn. Acts, ch. 236, s 2, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 236, s 1, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 486, s 7, eff. 7/1/2019.
Acts 1989, ch. 591, § 1; 1994, ch. 629, §§ 1, 2; 2006, ch. 1006, §§ 1 - 3; 2012 , ch. 848, § 15.
Tenn. Code Ann. § 39-13-512 — TN Code / Title 39 / Chapter 13 / Section 39-13-512
Prostitution - Definitions
Status: in_force

As used in §§ 39-13-512 - 39-13-515, unless the context otherwise requires: (1) "House of prostitution" means any place where prostitution or the promotion of prostitution is regularly carried on by one (1) or more persons under the control, management or supervision of another; (2) "Inmate" means, within the meaning of this part concerning prostitution, a person who engages in prostitution in or through the agency of a house of prostitution; (3) "Patronizing prostitution" means soliciting or hiring another person with the intent that the other person engage in prostitution, or entering or remaining in a house of prostitution for the purpose of engaging in sexual activity; (4) (A) "Promoting prostitution" means: (i) Owning, controlling, managing, supervising, or in any way keeping, alone or in association with others, a business for the purpose of engaging in prostitution, or a house of prostitution; (ii) Procuring an inmate for a house of prostitution; (iii) Encouraging, inducing, or otherwise purposely causing another to become a prostitute; (iv) Soliciting a person to patronize a prostitute; (v) Procuring a prostitute for a patron; or (vi) Soliciting, receiving, or agreeing to receive any benefit for engaging in any of the activities defined in subdivisions (4)(A)(i)-(v); and (B) "Promoting prostitution" does not include a person who solicits, procures, induces, encourages, or attempts to cause another to patronize a prostitute if: (i) The person promoting the prostitute and the prostitute being promoted are the same person; and (ii) The intent of the promotion is the solicitation of business for only the prostitute engaging in the promotion; (5) "Promoting prostitution of a minor" means engaging in any of the activities described in subdivision (4) when one (1) or more of the persons engaged in prostitution is less than eighteen (18) years of age or has an intellectual disability; (6) "Prostitution" means engaging in, or offering to engage in, sexual activity as a business or being an inmate in a house of prostitution or loitering in a public place for the purpose of being hired to engage in sexual activity; and (7) "Sexual activity" means any sexual relations including homosexual sexual relations. Amended by 2016 Tenn. Acts, ch. 979, s 1, eff. 7/1/2016. Acts 1989, ch. 591, § 1; 1995, ch. 296, § 1; 2011 , ch. 377, § 3.
As used in §§ 39-13-512 - 39-13-515, unless the context otherwise requires:
(1) "House of prostitution" means any place where prostitution or the promotion of prostitution is regularly carried on by one (1) or more persons under the control, management or supervision of another;
(2) "Inmate" means, within the meaning of this part concerning prostitution, a person who engages in prostitution in or through the agency of a house of prostitution;
(3) "Patronizing prostitution" means soliciting or hiring another person with the intent that the other person engage in prostitution, or entering or remaining in a house of prostitution for the purpose of engaging in sexual activity;
(4) (A) "Promoting prostitution" means: (i) Owning, controlling, managing, supervising, or in any way keeping, alone or in association with others, a business for the purpose of engaging in prostitution, or a house of prostitution; (ii) Procuring an inmate for a house of prostitution; (iii) Encouraging, inducing, or otherwise purposely causing another to become a prostitute; (iv) Soliciting a person to patronize a prostitute; (v) Procuring a prostitute for a patron; or (vi) Soliciting, receiving, or agreeing to receive any benefit for engaging in any of the activities defined in subdivisions (4)(A)(i)-(v); and (B) "Promoting prostitution" does not include a person who solicits, procures, induces, encourages, or attempts to cause another to patronize a prostitute if: (i) The person promoting the prostitute and the prostitute being promoted are the same person; and (ii) The intent of the promotion is the solicitation of business for only the prostitute engaging in the promotion;
(A) "Promoting prostitution" means: (i) Owning, controlling, managing, supervising, or in any way keeping, alone or in association with others, a business for the purpose of engaging in prostitution, or a house of prostitution; (ii) Procuring an inmate for a house of prostitution; (iii) Encouraging, inducing, or otherwise purposely causing another to become a prostitute; (iv) Soliciting a person to patronize a prostitute; (v) Procuring a prostitute for a patron; or (vi) Soliciting, receiving, or agreeing to receive any benefit for engaging in any of the activities defined in subdivisions (4)(A)(i)-(v); and
(i) Owning, controlling, managing, supervising, or in any way keeping, alone or in association with others, a business for the purpose of engaging in prostitution, or a house of prostitution;
(ii) Procuring an inmate for a house of prostitution;
(iii) Encouraging, inducing, or otherwise purposely causing another to become a prostitute;
(iv) Soliciting a person to patronize a prostitute;
(v) Procuring a prostitute for a patron; or
(vi) Soliciting, receiving, or agreeing to receive any benefit for engaging in any of the activities defined in subdivisions (4)(A)(i)-(v); and
(B) "Promoting prostitution" does not include a person who solicits, procures, induces, encourages, or attempts to cause another to patronize a prostitute if: (i) The person promoting the prostitute and the prostitute being promoted are the same person; and (ii) The intent of the promotion is the solicitation of business for only the prostitute engaging in the promotion;
(i) The person promoting the prostitute and the prostitute being promoted are the same person; and
(ii) The intent of the promotion is the solicitation of business for only the prostitute engaging in the promotion;
(5) "Promoting prostitution of a minor" means engaging in any of the activities described in subdivision (4) when one (1) or more of the persons engaged in prostitution is less than eighteen (18) years of age or has an intellectual disability;
(6) "Prostitution" means engaging in, or offering to engage in, sexual activity as a business or being an inmate in a house of prostitution or loitering in a public place for the purpose of being hired to engage in sexual activity; and
(7) "Sexual activity" means any sexual relations including homosexual sexual relations.
Amended by 2016 Tenn. Acts, ch. 979, s 1, eff. 7/1/2016.
Acts 1989, ch. 591, § 1; 1995, ch. 296, § 1; 2011 , ch. 377, § 3.
Tenn. Code Ann. § 39-14-112 — TN Code / Title 39 / Chapter 14 / Section 39-14-112
Extortion
Status: in_force

(a) A person commits extortion who uses coercion upon another person with the intent to: (1) Obtain property, services, any advantage or immunity; (2) Restrict unlawfully another's freedom of action; or (3) (A) Impair any entity, from the free exercise or enjoyment of any right or privilege secured by the Constitution of Tennessee, the United States Constitution or the laws of the state, in an effort to obtain something of value for any entity; (B) For purposes of this section, "something of value" includes, but is not limited to, a neutrality agreement, card check agreement, recognition, or other objective of a corporate campaign; (C) For purposes of this section, "corporate campaign" means any organized effort to unlawfully bring pressure on an entity, other than through collective bargaining, or any other activity protected by federal law. (b) It is an affirmative defense to prosecution for extortion that the person reasonably claimed: (1) Appropriate restitution or appropriate indemnification for harm done; or (2) Appropriate compensation for property or lawful services. (c) Extortion is a Class D felony. Amended by 2014 Tenn. Acts, ch. 982,s 2, eff. 7/1/2014. Acts 1989, ch. 591, § 1.
(a) A person commits extortion who uses coercion upon another person with the intent to: (1) Obtain property, services, any advantage or immunity; (2) Restrict unlawfully another's freedom of action; or (3) (A) Impair any entity, from the free exercise or enjoyment of any right or privilege secured by the Constitution of Tennessee, the United States Constitution or the laws of the state, in an effort to obtain something of value for any entity; (B) For purposes of this section, "something of value" includes, but is not limited to, a neutrality agreement, card check agreement, recognition, or other objective of a corporate campaign; (C) For purposes of this section, "corporate campaign" means any organized effort to unlawfully bring pressure on an entity, other than through collective bargaining, or any other activity protected by federal law.
(1) Obtain property, services, any advantage or immunity;
(2) Restrict unlawfully another's freedom of action; or
(3) (A) Impair any entity, from the free exercise or enjoyment of any right or privilege secured by the Constitution of Tennessee, the United States Constitution or the laws of the state, in an effort to obtain something of value for any entity; (B) For purposes of this section, "something of value" includes, but is not limited to, a neutrality agreement, card check agreement, recognition, or other objective of a corporate campaign; (C) For purposes of this section, "corporate campaign" means any organized effort to unlawfully bring pressure on an entity, other than through collective bargaining, or any other activity protected by federal law.
(A) Impair any entity, from the free exercise or enjoyment of any right or privilege secured by the Constitution of Tennessee, the United States Constitution or the laws of the state, in an effort to obtain something of value for any entity;
(B) For purposes of this section, "something of value" includes, but is not limited to, a neutrality agreement, card check agreement, recognition, or other objective of a corporate campaign;
(C) For purposes of this section, "corporate campaign" means any organized effort to unlawfully bring pressure on an entity, other than through collective bargaining, or any other activity protected by federal law.
(b) It is an affirmative defense to prosecution for extortion that the person reasonably claimed: (1) Appropriate restitution or appropriate indemnification for harm done; or (2) Appropriate compensation for property or lawful services.
(1) Appropriate restitution or appropriate indemnification for harm done; or
(2) Appropriate compensation for property or lawful services.
(c) Extortion is a Class D felony.
Amended by 2014 Tenn. Acts, ch. 982,s 2, eff. 7/1/2014.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-309 — TN Code / Title 39 / Chapter 17 / Section 39-17-309
Civil rights intimidation
Status: in_force

(a) The general assembly finds and declares that it is the right of every person regardless of race, color, ancestry, religion or national origin, to be secure and protected from fear, intimidation, harassment and bodily injury caused by the activities of groups and individuals. It is not the intent of this section to interfere with the exercise of rights protected by the constitution of the United States. The general assembly recognizes the constitutional right of every citizen to harbor and express beliefs on any subject whatsoever and to associate with others who share similar beliefs. The general assembly further finds that the advocacy of unlawful acts by groups or individuals against other persons or groups for the purpose of inciting and provoking damage to property and bodily injury or death to persons is not constitutionally protected, poses a threat to public order and safety, and should be subject to criminal sanctions. (b) A person commits the offense of intimidating others from exercising civil rights who: (1) Injures or threatens to injure or coerces another person with the intent to unlawfully intimidate another from the free exercise or enjoyment of any right or privilege secured by the constitution or laws of the state of Tennessee; (2) Injures or threatens to injure or coerces another person with the intent to unlawfully intimidate another because that other exercised any right or privilege secured by the constitution or laws of the United States or the constitution or laws of the state of Tennessee; (3) Damages, destroys or defaces any real or personal property of another person with the intent to unlawfully intimidate another from the free exercise or enjoyment of any right or privilege secured by the constitution or laws of the state of Tennessee; or (4) Damages, destroys or defaces any real or personal property of another person with the intent to unlawfully intimidate another because that other exercised any right or privilege secured by the constitution or laws of the United States or the constitution or laws of the state of Tennessee. (c) It is an offense for a person to wear a mask or disguise with the intent to violate subsection (b). (d) A violation of subsection (b) is a Class D felony. A violation of subsection (c) is a Class A misdemeanor. (e) The penalties provided in this section for intimidating others from exercising civil rights do not preclude victims from seeking any other remedies, criminal or civil, otherwise available under law. Acts 1989, ch. 591, § 1; 1990, ch. 984, § 1.
(a) The general assembly finds and declares that it is the right of every person regardless of race, color, ancestry, religion or national origin, to be secure and protected from fear, intimidation, harassment and bodily injury caused by the activities of groups and individuals. It is not the intent of this section to interfere with the exercise of rights protected by the constitution of the United States. The general assembly recognizes the constitutional right of every citizen to harbor and express beliefs on any subject whatsoever and to associate with others who share similar beliefs. The general assembly further finds that the advocacy of unlawful acts by groups or individuals against other persons or groups for the purpose of inciting and provoking damage to property and bodily injury or death to persons is not constitutionally protected, poses a threat to public order and safety, and should be subject to criminal sanctions.
(b) A person commits the offense of intimidating others from exercising civil rights who: (1) Injures or threatens to injure or coerces another person with the intent to unlawfully intimidate another from the free exercise or enjoyment of any right or privilege secured by the constitution or laws of the state of Tennessee; (2) Injures or threatens to injure or coerces another person with the intent to unlawfully intimidate another because that other exercised any right or privilege secured by the constitution or laws of the United States or the constitution or laws of the state of Tennessee; (3) Damages, destroys or defaces any real or personal property of another person with the intent to unlawfully intimidate another from the free exercise or enjoyment of any right or privilege secured by the constitution or laws of the state of Tennessee; or (4) Damages, destroys or defaces any real or personal property of another person with the intent to unlawfully intimidate another because that other exercised any right or privilege secured by the constitution or laws of the United States or the constitution or laws of the state of Tennessee.
(1) Injures or threatens to injure or coerces another person with the intent to unlawfully intimidate another from the free exercise or enjoyment of any right or privilege secured by the constitution or laws of the state of Tennessee;
(2) Injures or threatens to injure or coerces another person with the intent to unlawfully intimidate another because that other exercised any right or privilege secured by the constitution or laws of the United States or the constitution or laws of the state of Tennessee;
(3) Damages, destroys or defaces any real or personal property of another person with the intent to unlawfully intimidate another from the free exercise or enjoyment of any right or privilege secured by the constitution or laws of the state of Tennessee; or
(4) Damages, destroys or defaces any real or personal property of another person with the intent to unlawfully intimidate another because that other exercised any right or privilege secured by the constitution or laws of the United States or the constitution or laws of the state of Tennessee.
(c) It is an offense for a person to wear a mask or disguise with the intent to violate subsection (b).
(d) A violation of subsection (b) is a Class D felony. A violation of subsection (c) is a Class A misdemeanor.
(e) The penalties provided in this section for intimidating others from exercising civil rights do not preclude victims from seeking any other remedies, criminal or civil, otherwise available under law.
Acts 1989, ch. 591, § 1; 1990, ch. 984, § 1.
Tenn. Code Ann. § 39-17-312 — TN Code / Title 39 / Chapter 17 / Section 39-17-312
Abuse of corpse
Status: in_force

(a) A person commits an offense who, without legal privilege, knowingly: (1) Physically mistreats a corpse in a manner offensive to the sensibilities of an ordinary person; (2) Disinters a corpse that has been buried or otherwise interred; (3) Disposes of a corpse in a manner known to be in violation of law; or (4) Engages in sexual contact, as defined in § 39-13-501 , with a corpse. (b) A person commits an offense who, without legal authority or privilege, knowingly offers to sell, sells, offers to purchase or purchases previously buried human skeletal remains. Any remains seized in violation of this subsection (b) shall be confiscated and subject to disposition as provided for in §§ 11-6-104 and 11-6-119 . (c) A violation of this section is a Class E felony. Amended by 2021 Tenn. Acts, ch. 402, s 2, eff. 7/1/2021. Acts 1989, ch. 591, § 1; 2006, ch. 896, § 1.
(a) A person commits an offense who, without legal privilege, knowingly: (1) Physically mistreats a corpse in a manner offensive to the sensibilities of an ordinary person; (2) Disinters a corpse that has been buried or otherwise interred; (3) Disposes of a corpse in a manner known to be in violation of law; or (4) Engages in sexual contact, as defined in § 39-13-501 , with a corpse.
(1) Physically mistreats a corpse in a manner offensive to the sensibilities of an ordinary person;
(2) Disinters a corpse that has been buried or otherwise interred;
(3) Disposes of a corpse in a manner known to be in violation of law; or
(4) Engages in sexual contact, as defined in § 39-13-501 , with a corpse.
(b) A person commits an offense who, without legal authority or privilege, knowingly offers to sell, sells, offers to purchase or purchases previously buried human skeletal remains. Any remains seized in violation of this subsection (b) shall be confiscated and subject to disposition as provided for in §§ 11-6-104 and 11-6-119 .
(c) A violation of this section is a Class E felony.
Amended by 2021 Tenn. Acts, ch. 402, s 2, eff. 7/1/2021.
Acts 1989, ch. 591, § 1; 2006, ch. 896, § 1.
Tenn. Code Ann. § 39-11-609 — TN Code / Title 39 / Chapter 11 / Section 39-11-609
Necessity
Status: in_force

Except as provided in §§ 39-11-611 - 39-11-616, 39-11-620 and 39-11-621, conduct is justified, if: (1) The person reasonably believes the conduct is immediately necessary to avoid imminent harm; and (2) The desirability and urgency of avoiding the harm clearly outweigh the harm sought to be prevented by the law proscribing the conduct, according to ordinary standards of reasonableness. Acts 1989, ch. 591, § 1.
Except as provided in §§ 39-11-611 - 39-11-616, 39-11-620 and 39-11-621, conduct is justified, if:
(1) The person reasonably believes the conduct is immediately necessary to avoid imminent harm; and
(2) The desirability and urgency of avoiding the harm clearly outweigh the harm sought to be prevented by the law proscribing the conduct, according to ordinary standards of reasonableness.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-14-218 — TN Code / Title 39 / Chapter 14 / Section 39-14-218
"Cremation" for animals defined - Receipt
Status: in_force

(a) As used in this section, "cremation" means the heating process by which the remains of a deceased animal are reduced to bone fragments through combustion and evaporation; provided, however, that "cremation" does not include any reduction of animal remains to bone fragments that is incidental to the preparation of food or any manufacturing process. (b) No person who, for remuneration, engages in the cremation of animal remains in this state, shall fail to ensure that a written receipt is provided to each person who delivers animal remains to such person for cremation. The receipt shall be signed by both the person who receives the animal remains and the person who delivered the animal remains for cremation and shall indicate: (1) The name of the deceased animal, if any; (2) The date and time of delivery; (3) The name of the person who delivered the animal remains for cremation; and (4) The name of the person who received the animal remains for cremation from the person identified in subdivision (b)(3). (c) At the time of releasing the cremated remains of an animal, a person who, for remuneration, engages in the cremation of animal remains in this state shall ensure that a written receipt signed by both the person who released the cremated animal remains and the person who received the cremated animal remains is provided to the person who received the cremated animal remains. The receipt shall indicate: (1) The name of the deceased animal, if any; (2) The date and time of the release; (3) The name of the person to whom the cremated animal remains were released; and (4) The name of the person who released the cremated animal remains to the person identified in subdivision (c)(3). (d) The requirements of this section shall not apply to veterinarians licensed to practice in this state in accordance with the Tennessee Veterinary Practice Act, compiled in title 63, chapter 12. (e) Failure to provide a receipt as required by subsection (b) or (c) is a Class E felony. In addition to any authorized period of incarceration, failure to provide a receipt as required by subsection (b) or (c) is punishable by a fine in the amount of no less than five hundred dollars ($500). Added by 2014 Tenn. Acts, ch. 1002,s 1, eff. 7/1/2014.
(a) As used in this section, "cremation" means the heating process by which the remains of a deceased animal are reduced to bone fragments through combustion and evaporation; provided, however, that "cremation" does not include any reduction of animal remains to bone fragments that is incidental to the preparation of food or any manufacturing process.
(b) No person who, for remuneration, engages in the cremation of animal remains in this state, shall fail to ensure that a written receipt is provided to each person who delivers animal remains to such person for cremation. The receipt shall be signed by both the person who receives the animal remains and the person who delivered the animal remains for cremation and shall indicate: (1) The name of the deceased animal, if any; (2) The date and time of delivery; (3) The name of the person who delivered the animal remains for cremation; and (4) The name of the person who received the animal remains for cremation from the person identified in subdivision (b)(3).
(1) The name of the deceased animal, if any;
(2) The date and time of delivery;
(3) The name of the person who delivered the animal remains for cremation; and
(4) The name of the person who received the animal remains for cremation from the person identified in subdivision (b)(3).
(c) At the time of releasing the cremated remains of an animal, a person who, for remuneration, engages in the cremation of animal remains in this state shall ensure that a written receipt signed by both the person who released the cremated animal remains and the person who received the cremated animal remains is provided to the person who received the cremated animal remains. The receipt shall indicate: (1) The name of the deceased animal, if any; (2) The date and time of the release; (3) The name of the person to whom the cremated animal remains were released; and (4) The name of the person who released the cremated animal remains to the person identified in subdivision (c)(3).
(1) The name of the deceased animal, if any;
(2) The date and time of the release;
(3) The name of the person to whom the cremated animal remains were released; and
(4) The name of the person who released the cremated animal remains to the person identified in subdivision (c)(3).
(d) The requirements of this section shall not apply to veterinarians licensed to practice in this state in accordance with the Tennessee Veterinary Practice Act, compiled in title 63, chapter 12.
(e) Failure to provide a receipt as required by subsection (b) or (c) is a Class E felony. In addition to any authorized period of incarceration, failure to provide a receipt as required by subsection (b) or (c) is punishable by a fine in the amount of no less than five hundred dollars ($500).
Added by 2014 Tenn. Acts, ch. 1002,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 39-14-604 — TN Code / Title 39 / Chapter 14 / Section 39-14-604
Civil action - Damages, attorney fees, and costs
Status: in_force

(a) Any person whose property or person is injured by reason of a violation of any provision of this part may file a civil action and recover for any damages sustained and the costs of the civil action. Without limiting the generality of the term, "damages" shall include loss of profits. (b) If the injury arises from the transmission of unsolicited bulk electronic mail, the injured person, other than an electronic mail service provider, may also recover attorney's fees and costs, and may elect, in lieu of actual damages, to recover the lesser of ten dollars ($10.00) for each and every unsolicited bulk electronic mail message transmitted in violation of this part, or one thousand dollars ($1,000) per day. The injured person shall not have a cause of action against the electronic mail service provider that merely transmits the unsolicited bulk electronic mail over its computer network. (c) If the injury arises from the transmission of unsolicited bulk electronic mail, an injured electronic mail service provider may also recover attorney's fees and costs and may elect, in lieu of actual damages, to recover the greater of ten dollars ($10.00) for each and every unsolicited bulk electronic mail message transmitted in violation of this part, or one thousand dollars ($1,000) per day. (d) At the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network, computer data, computer program, and computer software involved in order to prevent possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party. This section shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law. Acts 2003, ch. 317, § 5.
(a) Any person whose property or person is injured by reason of a violation of any provision of this part may file a civil action and recover for any damages sustained and the costs of the civil action. Without limiting the generality of the term, "damages" shall include loss of profits.
(b) If the injury arises from the transmission of unsolicited bulk electronic mail, the injured person, other than an electronic mail service provider, may also recover attorney's fees and costs, and may elect, in lieu of actual damages, to recover the lesser of ten dollars ($10.00) for each and every unsolicited bulk electronic mail message transmitted in violation of this part, or one thousand dollars ($1,000) per day. The injured person shall not have a cause of action against the electronic mail service provider that merely transmits the unsolicited bulk electronic mail over its computer network.
(c) If the injury arises from the transmission of unsolicited bulk electronic mail, an injured electronic mail service provider may also recover attorney's fees and costs and may elect, in lieu of actual damages, to recover the greater of ten dollars ($10.00) for each and every unsolicited bulk electronic mail message transmitted in violation of this part, or one thousand dollars ($1,000) per day.
(d) At the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network, computer data, computer program, and computer software involved in order to prevent possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party. This section shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.
Acts 2003, ch. 317, § 5.
Tenn. Code Ann. § 39-11-113 — TN Code / Title 39 / Chapter 11 / Section 39-11-113
Penalty for felony where punishment not prescribed
Status: in_force

Every person who is convicted of a felony, the punishment for which is not otherwise prescribed by a statute of this state, shall be sentenced as for a Class E felony. Acts 1989, ch. 591, § 1.
Every person who is convicted of a felony, the punishment for which is not otherwise prescribed by a statute of this state, shall be sentenced as for a Class E felony.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-12-103 — TN Code / Title 39 / Chapter 12 / Section 39-12-103
Criminal conspiracy
Status: in_force

(a) The offense of conspiracy is committed if two (2) or more people, each having the culpable mental state required for the offense that is the object of the conspiracy, and each acting for the purpose of promoting or facilitating commission of an offense, agree that one (1) or more of them will engage in conduct that constitutes the offense. (b) If a person guilty of conspiracy, as defined in subsection (a), knows that another with whom the person conspires to commit an offense has conspired with one (1) or more other people to commit the same offense, the person is guilty of conspiring with the other person or persons, whether or not their identity is known, to commit the offense. (c) If a person conspires to commit a number of offenses, the person is guilty of only one (1) conspiracy, so long as the multiple offenses are the object of the same agreement or continuous conspiratorial relationship. (d) No person may be convicted of conspiracy to commit an offense, unless an overt act in pursuance of the conspiracy is alleged and proved to have been done by the person or by another with whom the person conspired. (e) (1) Conspiracy is a continuing course of conduct that terminates when the objectives of the conspiracy are completed or the agreement that they be completed is abandoned by the person and by those with whom the person conspired. The objectives of the conspiracy include, but are not limited to, escape from the crime, distribution of the proceeds of the crime, and measures, other than silence, for concealing the crime or obstructing justice in relation to it. (2) Abandonment of a conspiracy is presumed if neither the person nor anyone with whom the person conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation. (3) If an individual abandons the agreement, the conspiracy is terminated as to that person only if and when the person, advises those with whom the person conspired of the abandonment, or the person informs law enforcement authorities of the existence of the conspiracy and of the person's participation in the conspiracy. (f) It is no defense that the offense that was the object of the conspiracy was not committed. (g) Nothing in this section is intended to modify the evidentiary rules allowing statements of co-conspirators in furtherance of a conspiracy. Acts 1989, ch. 591, § 1.
(a) The offense of conspiracy is committed if two (2) or more people, each having the culpable mental state required for the offense that is the object of the conspiracy, and each acting for the purpose of promoting or facilitating commission of an offense, agree that one (1) or more of them will engage in conduct that constitutes the offense.
(b) If a person guilty of conspiracy, as defined in subsection (a), knows that another with whom the person conspires to commit an offense has conspired with one (1) or more other people to commit the same offense, the person is guilty of conspiring with the other person or persons, whether or not their identity is known, to commit the offense.
(c) If a person conspires to commit a number of offenses, the person is guilty of only one (1) conspiracy, so long as the multiple offenses are the object of the same agreement or continuous conspiratorial relationship.
(d) No person may be convicted of conspiracy to commit an offense, unless an overt act in pursuance of the conspiracy is alleged and proved to have been done by the person or by another with whom the person conspired.
(e) (1) Conspiracy is a continuing course of conduct that terminates when the objectives of the conspiracy are completed or the agreement that they be completed is abandoned by the person and by those with whom the person conspired. The objectives of the conspiracy include, but are not limited to, escape from the crime, distribution of the proceeds of the crime, and measures, other than silence, for concealing the crime or obstructing justice in relation to it. (2) Abandonment of a conspiracy is presumed if neither the person nor anyone with whom the person conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation. (3) If an individual abandons the agreement, the conspiracy is terminated as to that person only if and when the person, advises those with whom the person conspired of the abandonment, or the person informs law enforcement authorities of the existence of the conspiracy and of the person's participation in the conspiracy.
(1) Conspiracy is a continuing course of conduct that terminates when the objectives of the conspiracy are completed or the agreement that they be completed is abandoned by the person and by those with whom the person conspired. The objectives of the conspiracy include, but are not limited to, escape from the crime, distribution of the proceeds of the crime, and measures, other than silence, for concealing the crime or obstructing justice in relation to it.
(2) Abandonment of a conspiracy is presumed if neither the person nor anyone with whom the person conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation.
(3) If an individual abandons the agreement, the conspiracy is terminated as to that person only if and when the person, advises those with whom the person conspired of the abandonment, or the person informs law enforcement authorities of the existence of the conspiracy and of the person's participation in the conspiracy.
(f) It is no defense that the offense that was the object of the conspiracy was not committed.
(g) Nothing in this section is intended to modify the evidentiary rules allowing statements of co-conspirators in furtherance of a conspiracy.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-14-201 — TN Code / Title 39 / Chapter 14 / Section 39-14-201
Definitions for animal offenses
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Animal" means a domesticated living creature or a wild creature previously captured; (2) "Livestock" means all equine as well as animals which are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry; (3) "Non-livestock animal" means a pet normally maintained in or near the household or households of its owner or owners, other domesticated animal, previously captured wildlife, an exotic animal, or any other pet, including but not limited to, pet rabbits, a pet chick, duck, or pot bellied pig that is not classified as "livestock" pursuant to this part; and (4) "Torture" means every act, omission, or neglect whereby unreasonable physical pain, suffering, or death is caused or permitted, but nothing in this part shall be construed as prohibiting the shooting of birds or game for the purpose of human food or the use of animate targets by incorporated gun clubs. Acts 1989, ch. 591, § 1; 1997, ch. 90, §§ 2, 5.
As used in this part, unless the context otherwise requires:
(1) "Animal" means a domesticated living creature or a wild creature previously captured;
(2) "Livestock" means all equine as well as animals which are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry;
(3) "Non-livestock animal" means a pet normally maintained in or near the household or households of its owner or owners, other domesticated animal, previously captured wildlife, an exotic animal, or any other pet, including but not limited to, pet rabbits, a pet chick, duck, or pot bellied pig that is not classified as "livestock" pursuant to this part; and
(4) "Torture" means every act, omission, or neglect whereby unreasonable physical pain, suffering, or death is caused or permitted, but nothing in this part shall be construed as prohibiting the shooting of birds or game for the purpose of human food or the use of animate targets by incorporated gun clubs.
Acts 1989, ch. 591, § 1; 1997, ch. 90, §§ 2, 5.
Tenn. Code Ann. § 39-13-534 — TN Code / Title 39 / Chapter 13 / Section 39-13-534
Especially aggravated rape
Status: in_force

(a) Especially aggravated rape is unlawful sexual penetration of a victim by the defendant or the defendant by a victim that would constitute aggravated rape under § 39-13-502 accompanied by two (2) or more of the following circumstances: (1) The defendant tortures the victim during the commission of the offense; (2) The defendant mutilates the victim during the commission of the offense; (3) The defendant also commits the offense of kidnapping, as defined in § 39-13-303 , or false imprisonment, as defined in § 39-13-302 , against the victim; (4) The defendant also commits the offense of involuntary labor servitude, as defined in § 39-13-307 , or trafficking for a commercial sex act, as defined in § 39-13-309 , against the victim; (5) The defendant has, at the time of the commission of the offense, more than one (1) prior conviction for a sexual offense or a violent sexual offense, as those terms are defined in § 40-39-202 ; (6) The offense occurs during an attempt by the defendant to perpetrate first degree murder in violation of § 39-13-202 ; (7) The defendant subjects the victim to extreme cruelty during the commission of the offense; (8) The defendant's commission of the offense involved more than one (1) victim; or (9) The defendant knows or has reason to know that the victim is: (A) Mentally defective; (B) Mentally incapacitated; (C) Physically helpless; or (D) A vulnerable adult, as defined in § 39-15-501 . (b) Especially aggravated rape is a Class A felony and shall be punished as follows: (1) If the defendant was a juvenile at the time of the commission of the offense, then the sentence must be from Range III, as set forth in title 40, chapter 35; and (2) If the defendant was an adult at the time of the commission of the offense, then the defendant shall be punished by imprisonment for life without possibility of parole. (c) A person may not be convicted of both a violation of this section and a violation of § 39-13-502 , § 39-13-535 , or § 39-13-117 if the facts supporting the prosecution arise out of the same criminal conduct. Added by 2022 Tenn. Acts, ch. 1062, s 1, eff. 7/1/2022.
(a) Especially aggravated rape is unlawful sexual penetration of a victim by the defendant or the defendant by a victim that would constitute aggravated rape under § 39-13-502 accompanied by two (2) or more of the following circumstances: (1) The defendant tortures the victim during the commission of the offense; (2) The defendant mutilates the victim during the commission of the offense; (3) The defendant also commits the offense of kidnapping, as defined in § 39-13-303 , or false imprisonment, as defined in § 39-13-302 , against the victim; (4) The defendant also commits the offense of involuntary labor servitude, as defined in § 39-13-307 , or trafficking for a commercial sex act, as defined in § 39-13-309 , against the victim; (5) The defendant has, at the time of the commission of the offense, more than one (1) prior conviction for a sexual offense or a violent sexual offense, as those terms are defined in § 40-39-202 ; (6) The offense occurs during an attempt by the defendant to perpetrate first degree murder in violation of § 39-13-202 ; (7) The defendant subjects the victim to extreme cruelty during the commission of the offense; (8) The defendant's commission of the offense involved more than one (1) victim; or (9) The defendant knows or has reason to know that the victim is: (A) Mentally defective; (B) Mentally incapacitated; (C) Physically helpless; or (D) A vulnerable adult, as defined in § 39-15-501 .
(1) The defendant tortures the victim during the commission of the offense;
(2) The defendant mutilates the victim during the commission of the offense;
(3) The defendant also commits the offense of kidnapping, as defined in § 39-13-303 , or false imprisonment, as defined in § 39-13-302 , against the victim;
(4) The defendant also commits the offense of involuntary labor servitude, as defined in § 39-13-307 , or trafficking for a commercial sex act, as defined in § 39-13-309 , against the victim;
(5) The defendant has, at the time of the commission of the offense, more than one (1) prior conviction for a sexual offense or a violent sexual offense, as those terms are defined in § 40-39-202 ;
(6) The offense occurs during an attempt by the defendant to perpetrate first degree murder in violation of § 39-13-202 ;
(7) The defendant subjects the victim to extreme cruelty during the commission of the offense;
(8) The defendant's commission of the offense involved more than one (1) victim; or
(9) The defendant knows or has reason to know that the victim is: (A) Mentally defective; (B) Mentally incapacitated; (C) Physically helpless; or (D) A vulnerable adult, as defined in § 39-15-501 .
(A) Mentally defective;
(B) Mentally incapacitated;
(C) Physically helpless; or
(D) A vulnerable adult, as defined in § 39-15-501 .
(b) Especially aggravated rape is a Class A felony and shall be punished as follows: (1) If the defendant was a juvenile at the time of the commission of the offense, then the sentence must be from Range III, as set forth in title 40, chapter 35; and (2) If the defendant was an adult at the time of the commission of the offense, then the defendant shall be punished by imprisonment for life without possibility of parole.
(1) If the defendant was a juvenile at the time of the commission of the offense, then the sentence must be from Range III, as set forth in title 40, chapter 35; and
(2) If the defendant was an adult at the time of the commission of the offense, then the defendant shall be punished by imprisonment for life without possibility of parole.
(c) A person may not be convicted of both a violation of this section and a violation of § 39-13-502 , § 39-13-535 , or § 39-13-117 if the facts supporting the prosecution arise out of the same criminal conduct.
Added by 2022 Tenn. Acts, ch. 1062, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 39-14-137 — TN Code / Title 39 / Chapter 14 / Section 39-14-137
Fraudulent qualifying for programs for disadvantaged or minority businesses
Status: in_force

(a) No person shall knowingly commit or engage in any false or fraudulent conduct, representation or practice in order to qualify, or assist another to qualify, for participation in any program administered by or through an agency of state or local government intended to specifically encourage and enhance economic development of the following: (1) Disadvantaged businesses, as described by § 4-26-102(6) ; (2) Small businesses, as described by § 12-3-1102 ; (3) Minority-owned businesses, as described by § 12-3-1102 ; or (4) Disadvantaged business concerns and enterprises, as described by or pursuant to § 54-1-124 . (b) A violation of subsection (a) is punishable as theft pursuant to § 39-14-105 . (c) Any contract entered into as a direct result of a violation of subsection (a) shall be null and void and the court shall order repayment of all governmental funds paid pursuant thereto which may be reasonably construed as constituting net profit or personal enrichment for the guilty party or parties. Repayment of funds pursuant to this subsection (c) shall be in addition to payment of any fine imposed pursuant to subsection (b). Acts 1989, ch. 591, § 1; 1993, ch. 488, § 3; 1997, ch. 46, § 1.
(a) No person shall knowingly commit or engage in any false or fraudulent conduct, representation or practice in order to qualify, or assist another to qualify, for participation in any program administered by or through an agency of state or local government intended to specifically encourage and enhance economic development of the following: (1) Disadvantaged businesses, as described by § 4-26-102(6) ; (2) Small businesses, as described by § 12-3-1102 ; (3) Minority-owned businesses, as described by § 12-3-1102 ; or (4) Disadvantaged business concerns and enterprises, as described by or pursuant to § 54-1-124 .
(1) Disadvantaged businesses, as described by § 4-26-102(6) ;
(2) Small businesses, as described by § 12-3-1102 ;
(3) Minority-owned businesses, as described by § 12-3-1102 ; or
(4) Disadvantaged business concerns and enterprises, as described by or pursuant to § 54-1-124 .
(b) A violation of subsection (a) is punishable as theft pursuant to § 39-14-105 .
(c) Any contract entered into as a direct result of a violation of subsection (a) shall be null and void and the court shall order repayment of all governmental funds paid pursuant thereto which may be reasonably construed as constituting net profit or personal enrichment for the guilty party or parties. Repayment of funds pursuant to this subsection (c) shall be in addition to payment of any fine imposed pursuant to subsection (b).
Acts 1989, ch. 591, § 1; 1993, ch. 488, § 3; 1997, ch. 46, § 1.
Tenn. Code Ann. § 39-13-508 — TN Code / Title 39 / Chapter 13 / Section 39-13-508
Abolition of common law offenses of seduction and criminal conversation
Status: in_force

(a) No cause of action shall be maintained that is based upon the common law torts of seduction or criminal conversation, and those torts are abolished. (b) Nothing in this section shall be construed as prohibiting a cause of action based upon a sexual offense, which offenses include, but are not limited to, those set out in this part. Acts 1990, ch. 1056, § 1.
(a) No cause of action shall be maintained that is based upon the common law torts of seduction or criminal conversation, and those torts are abolished.
(b) Nothing in this section shall be construed as prohibiting a cause of action based upon a sexual offense, which offenses include, but are not limited to, those set out in this part.
Acts 1990, ch. 1056, § 1.
Tenn. Code Ann. § 39-11-613 — TN Code / Title 39 / Chapter 11 / Section 39-11-613
Protection of life or health
Status: in_force

A person is justified in threatening or using force, but not deadly force, against another, when and to the degree the person reasonably believes the force is immediately necessary to prevent the other from committing suicide or from the self-infliction of serious bodily injury. Acts 1989, ch. 591, § 1.
A person is justified in threatening or using force, but not deadly force, against another, when and to the degree the person reasonably believes the force is immediately necessary to prevent the other from committing suicide or from the self-infliction of serious bodily injury.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-15-217 — TN Code / Title 39 / Chapter 15 / Section 39-15-217
Section definitions - Unlawful abortions due to sex, race, or indication of Down syndrome - Affirmative defense of medical emergency - Violations - Report to board of medical examiners - Severability - Intent
Status: in_force

(a) As used in this section: (1) "Abortion" has the same meaning as defined in § 39-15-211 ; (2) "Down syndrome" means a chromosome disorder associated either with an extra chromosome twenty-one or an effective trisomy for chromosome twenty-one; (3) "Medical emergency" has the same meaning as defined in § 39-15-211 ; provided, that it does not include a claim or diagnosis related to the woman's mental health or a claim or diagnosis that the woman will engage in conduct which would result in her death or substantial and irreversible impairment of a major bodily function; and (4) "Unborn child" has the same meaning as defined in § 39-15-211 . (b) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman if the person knows that the woman is seeking the abortion because of the sex of the unborn child. (c) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman if the person knows that the woman is seeking the abortion because of the race of the unborn child. (d) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman if the person knows that the woman is seeking the abortion because of a prenatal diagnosis, test, or screening indicating Down syndrome or the potential for Down syndrome in the unborn child. (e) (1) Subject to compliance with subdivision (e)(2), it is an affirmative defense to criminal prosecution for a violation of a provision of this section that, in the physician's reasonable medical judgment, a medical emergency prevented compliance with the provision. (2) In order for the affirmative defense in subdivision (e)(1) to apply, a physician who performs or induces, or attempts to perform or induce, an abortion because of a medical emergency must comply with each of the following conditions unless the medical emergency also prevents compliance with the condition: (A) The physician who performs or induces, or attempts to perform or induce, the abortion certifies in writing that, in the physician's good faith, reasonable medical judgment, based upon the facts known to the physician at the time, compliance with the provision was prevented by a medical emergency; (B) The physician certifies in writing the available methods or techniques considered and the reasons for choosing the method or technique employed; (C) If the unborn child is presumed to be viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician performs or induces, or attempts to perform or induce, the abortion in a hospital. The hospital must have appropriate neonatal services for premature infants unless there is no hospital within thirty (30) miles with neonatal services and the physician who intends to perform or induce the abortion has admitting privileges at the hospital where the abortion is to be performed or induced; (D) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn child to survive, unless that physician determines, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, that the termination of the pregnancy in that manner poses a significantly greater risk of the death of the pregnant woman or a significantly greater risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion; and (E) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion has arranged for the attendance in the same room in which the abortion is to be performed or induced, or attempted to be performed or induced, at least one (1) other physician who is to take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn child immediately upon the child's complete expulsion or extraction from the pregnant woman. (f) A violation of subsections (b)-(d) is a Class C felony. (g) A pregnant woman upon whom an abortion is performed or induced, or attempted to be performed or induced, in violation of subsections (b)-(d), is not guilty of violating the subsections, or of attempting to commit or conspiring to commit a violation of the subsections. (h) When a physician is criminally charged with a violation of this section, the physician shall report the charge to the board of medical examiners in writing within seven (7) calendar days of acquiring knowledge of the charge. The report must include the jurisdiction in which the charge is pending, if known, and must also be accompanied by a copy of the charging documents, if available. A district attorney general shall promptly notify the board of medical examiners when a physician is charged with a violation of this section. (i) If any provision of this section or the application thereof to any person, circumstance, or period of gestational age is found to be unenforceable, unconstitutional, or invalid by a court of competent jurisdiction, the same is hereby declared to be severable and the remainder of this section shall remain effective. The general assembly hereby declares that it would have enacted this section and each of its provisions, even if any provision of this section or the application thereof to any person, circumstance, or period of gestational age was later found to be unenforceable, unconstitutional, or invalid. (j) (1) It is the specific intent of the general assembly in this section to exercise to the greatest extent permitted by law the legitimate, substantial, and compelling state interest in protecting maternal health, and in preserving, promoting, and protecting life and potential life throughout pregnancy by enacting more protective requirements than provided for under this part as it existed prior to July 13, 2020. (2) When this section is in direct conflict with this part as it existed prior to July 13, 2020, the more protective requirements of this section control over any less protective provision in this part. This section shall not be construed as a repeal, either express or implied, of any provision of this part as it existed prior to July 13, 2020. (3) The general assembly specifically intends that this part as it existed prior to July 13, 2020, shall remain and be enforceable if, and for so long as, any provisions of this section, or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction. (4) This section does not repeal or modify in any way § 39-15-213 , as enacted by chapter 351 of the Public Acts of 2019, which shall control upon becoming effective. This section shall remain and be enforceable if, and for so long as, any provisions of § 39-15-213 , or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction. Added by 2020 Tenn. Acts, ch. 764, s 2, eff. 7/13/2020.
(a) As used in this section: (1) "Abortion" has the same meaning as defined in § 39-15-211 ; (2) "Down syndrome" means a chromosome disorder associated either with an extra chromosome twenty-one or an effective trisomy for chromosome twenty-one; (3) "Medical emergency" has the same meaning as defined in § 39-15-211 ; provided, that it does not include a claim or diagnosis related to the woman's mental health or a claim or diagnosis that the woman will engage in conduct which would result in her death or substantial and irreversible impairment of a major bodily function; and (4) "Unborn child" has the same meaning as defined in § 39-15-211 .
(1) "Abortion" has the same meaning as defined in § 39-15-211 ;
(2) "Down syndrome" means a chromosome disorder associated either with an extra chromosome twenty-one or an effective trisomy for chromosome twenty-one;
(3) "Medical emergency" has the same meaning as defined in § 39-15-211 ; provided, that it does not include a claim or diagnosis related to the woman's mental health or a claim or diagnosis that the woman will engage in conduct which would result in her death or substantial and irreversible impairment of a major bodily function; and
(4) "Unborn child" has the same meaning as defined in § 39-15-211 .
(b) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman if the person knows that the woman is seeking the abortion because of the sex of the unborn child.
(c) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman if the person knows that the woman is seeking the abortion because of the race of the unborn child.
(d) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman if the person knows that the woman is seeking the abortion because of a prenatal diagnosis, test, or screening indicating Down syndrome or the potential for Down syndrome in the unborn child.
(e) (1) Subject to compliance with subdivision (e)(2), it is an affirmative defense to criminal prosecution for a violation of a provision of this section that, in the physician's reasonable medical judgment, a medical emergency prevented compliance with the provision. (2) In order for the affirmative defense in subdivision (e)(1) to apply, a physician who performs or induces, or attempts to perform or induce, an abortion because of a medical emergency must comply with each of the following conditions unless the medical emergency also prevents compliance with the condition: (A) The physician who performs or induces, or attempts to perform or induce, the abortion certifies in writing that, in the physician's good faith, reasonable medical judgment, based upon the facts known to the physician at the time, compliance with the provision was prevented by a medical emergency; (B) The physician certifies in writing the available methods or techniques considered and the reasons for choosing the method or technique employed; (C) If the unborn child is presumed to be viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician performs or induces, or attempts to perform or induce, the abortion in a hospital. The hospital must have appropriate neonatal services for premature infants unless there is no hospital within thirty (30) miles with neonatal services and the physician who intends to perform or induce the abortion has admitting privileges at the hospital where the abortion is to be performed or induced; (D) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn child to survive, unless that physician determines, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, that the termination of the pregnancy in that manner poses a significantly greater risk of the death of the pregnant woman or a significantly greater risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion; and (E) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion has arranged for the attendance in the same room in which the abortion is to be performed or induced, or attempted to be performed or induced, at least one (1) other physician who is to take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn child immediately upon the child's complete expulsion or extraction from the pregnant woman.
(1) Subject to compliance with subdivision (e)(2), it is an affirmative defense to criminal prosecution for a violation of a provision of this section that, in the physician's reasonable medical judgment, a medical emergency prevented compliance with the provision.
(2) In order for the affirmative defense in subdivision (e)(1) to apply, a physician who performs or induces, or attempts to perform or induce, an abortion because of a medical emergency must comply with each of the following conditions unless the medical emergency also prevents compliance with the condition: (A) The physician who performs or induces, or attempts to perform or induce, the abortion certifies in writing that, in the physician's good faith, reasonable medical judgment, based upon the facts known to the physician at the time, compliance with the provision was prevented by a medical emergency; (B) The physician certifies in writing the available methods or techniques considered and the reasons for choosing the method or technique employed; (C) If the unborn child is presumed to be viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician performs or induces, or attempts to perform or induce, the abortion in a hospital. The hospital must have appropriate neonatal services for premature infants unless there is no hospital within thirty (30) miles with neonatal services and the physician who intends to perform or induce the abortion has admitting privileges at the hospital where the abortion is to be performed or induced; (D) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn child to survive, unless that physician determines, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, that the termination of the pregnancy in that manner poses a significantly greater risk of the death of the pregnant woman or a significantly greater risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion; and (E) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion has arranged for the attendance in the same room in which the abortion is to be performed or induced, or attempted to be performed or induced, at least one (1) other physician who is to take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn child immediately upon the child's complete expulsion or extraction from the pregnant woman.
(A) The physician who performs or induces, or attempts to perform or induce, the abortion certifies in writing that, in the physician's good faith, reasonable medical judgment, based upon the facts known to the physician at the time, compliance with the provision was prevented by a medical emergency;
(B) The physician certifies in writing the available methods or techniques considered and the reasons for choosing the method or technique employed;
(C) If the unborn child is presumed to be viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician performs or induces, or attempts to perform or induce, the abortion in a hospital. The hospital must have appropriate neonatal services for premature infants unless there is no hospital within thirty (30) miles with neonatal services and the physician who intends to perform or induce the abortion has admitting privileges at the hospital where the abortion is to be performed or induced;
(D) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn child to survive, unless that physician determines, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, that the termination of the pregnancy in that manner poses a significantly greater risk of the death of the pregnant woman or a significantly greater risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion; and
(E) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212 , the physician who performs or induces, or attempts to perform or induce, the abortion has arranged for the attendance in the same room in which the abortion is to be performed or induced, or attempted to be performed or induced, at least one (1) other physician who is to take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn child immediately upon the child's complete expulsion or extraction from the pregnant woman.
(f) A violation of subsections (b)-(d) is a Class C felony.
(g) A pregnant woman upon whom an abortion is performed or induced, or attempted to be performed or induced, in violation of subsections (b)-(d), is not guilty of violating the subsections, or of attempting to commit or conspiring to commit a violation of the subsections.
(h) When a physician is criminally charged with a violation of this section, the physician shall report the charge to the board of medical examiners in writing within seven (7) calendar days of acquiring knowledge of the charge. The report must include the jurisdiction in which the charge is pending, if known, and must also be accompanied by a copy of the charging documents, if available. A district attorney general shall promptly notify the board of medical examiners when a physician is charged with a violation of this section.
(i) If any provision of this section or the application thereof to any person, circumstance, or period of gestational age is found to be unenforceable, unconstitutional, or invalid by a court of competent jurisdiction, the same is hereby declared to be severable and the remainder of this section shall remain effective. The general assembly hereby declares that it would have enacted this section and each of its provisions, even if any provision of this section or the application thereof to any person, circumstance, or period of gestational age was later found to be unenforceable, unconstitutional, or invalid.
(j) (1) It is the specific intent of the general assembly in this section to exercise to the greatest extent permitted by law the legitimate, substantial, and compelling state interest in protecting maternal health, and in preserving, promoting, and protecting life and potential life throughout pregnancy by enacting more protective requirements than provided for under this part as it existed prior to July 13, 2020. (2) When this section is in direct conflict with this part as it existed prior to July 13, 2020, the more protective requirements of this section control over any less protective provision in this part. This section shall not be construed as a repeal, either express or implied, of any provision of this part as it existed prior to July 13, 2020. (3) The general assembly specifically intends that this part as it existed prior to July 13, 2020, shall remain and be enforceable if, and for so long as, any provisions of this section, or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction. (4) This section does not repeal or modify in any way § 39-15-213 , as enacted by chapter 351 of the Public Acts of 2019, which shall control upon becoming effective. This section shall remain and be enforceable if, and for so long as, any provisions of § 39-15-213 , or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction.
(1) It is the specific intent of the general assembly in this section to exercise to the greatest extent permitted by law the legitimate, substantial, and compelling state interest in protecting maternal health, and in preserving, promoting, and protecting life and potential life throughout pregnancy by enacting more protective requirements than provided for under this part as it existed prior to July 13, 2020.
(2) When this section is in direct conflict with this part as it existed prior to July 13, 2020, the more protective requirements of this section control over any less protective provision in this part. This section shall not be construed as a repeal, either express or implied, of any provision of this part as it existed prior to July 13, 2020.
(3) The general assembly specifically intends that this part as it existed prior to July 13, 2020, shall remain and be enforceable if, and for so long as, any provisions of this section, or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction.
(4) This section does not repeal or modify in any way § 39-15-213 , as enacted by chapter 351 of the Public Acts of 2019, which shall control upon becoming effective. This section shall remain and be enforceable if, and for so long as, any provisions of § 39-15-213 , or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction.
Added by 2020 Tenn. Acts, ch. 764, s 2, eff. 7/13/2020.
Tenn. Code Ann. § 39-14-404 — TN Code / Title 39 / Chapter 14 / Section 39-14-404
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 545, s 3, eff. 7/1/2021. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 24.
Repealed by 2021 Tenn. Acts, ch. 545, s 3, eff. 7/1/2021.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 24.
Tenn. Code Ann. § 39-13-514 — TN Code / Title 39 / Chapter 13 / Section 39-13-514
Patronizing prostitution - Unacceptable defenses
Status: in_force

(a) A person commits an offense under this section: (1) Who patronizes prostitution; or (2) When a person patronizes prostitution where the subject of the offense is a law enforcement officer or a law enforcement officer eighteen (18) years of age or older posing as a minor. (b) (1) Patronizing prostitution is a Class A misdemeanor. (2) Patronizing prostitution within one and one-half (1.5) miles of a school shall, in addition to any other authorized punishment, be punished by no less than seven (7) days of incarceration and by a fine of not less than one thousand dollars ($1,000). (3) (A) Patronizing prostitution from a person who is younger than eighteen (18) years of age, has an intellectual disability, or is a law enforcement officer posing as a minor is punishable as trafficking for commercial sex acts under § 39-13-309 . (B) Nothing in this subdivision (b)(3) shall be construed as prohibiting prosecution under any other applicable law. (c) As used in subsection (b), "school" means all public and private schools that conduct classes in any grade from kindergarten through grade twelve (K-12). (d) It is not a defense to a violation of this section that: (1) The subject of the offense is a law enforcement officer; (2) The victim of the offense is a minor and consented to the offense; or (3) The solicitation was unsuccessful, the conduct solicited was not engaged in, or the law enforcement officer could not engage in the solicited offense. Amended by 2022 Tenn. Acts, ch. 1115, s 23, eff. 7/1/2022. Amended by 2019 Tenn. Acts, ch. 123, s 4, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 123, s 3, eff. 7/1/2019. Amended by 2017 Tenn. Acts, ch. 169, s 1, eff. 4/24/2017. Amended by 2014 Tenn. Acts, ch. 957,s 2, eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 957,s 1, eff. 7/1/2014. Acts 1989, ch. 591, § 1; 1995, ch. 118, § 2; 2011 , ch. 377, § 2.
(a) A person commits an offense under this section: (1) Who patronizes prostitution; or (2) When a person patronizes prostitution where the subject of the offense is a law enforcement officer or a law enforcement officer eighteen (18) years of age or older posing as a minor.
(1) Who patronizes prostitution; or
(2) When a person patronizes prostitution where the subject of the offense is a law enforcement officer or a law enforcement officer eighteen (18) years of age or older posing as a minor.
(b) (1) Patronizing prostitution is a Class A misdemeanor. (2) Patronizing prostitution within one and one-half (1.5) miles of a school shall, in addition to any other authorized punishment, be punished by no less than seven (7) days of incarceration and by a fine of not less than one thousand dollars ($1,000). (3) (A) Patronizing prostitution from a person who is younger than eighteen (18) years of age, has an intellectual disability, or is a law enforcement officer posing as a minor is punishable as trafficking for commercial sex acts under § 39-13-309 . (B) Nothing in this subdivision (b)(3) shall be construed as prohibiting prosecution under any other applicable law.
(1) Patronizing prostitution is a Class A misdemeanor.
(2) Patronizing prostitution within one and one-half (1.5) miles of a school shall, in addition to any other authorized punishment, be punished by no less than seven (7) days of incarceration and by a fine of not less than one thousand dollars ($1,000).
(3) (A) Patronizing prostitution from a person who is younger than eighteen (18) years of age, has an intellectual disability, or is a law enforcement officer posing as a minor is punishable as trafficking for commercial sex acts under § 39-13-309 . (B) Nothing in this subdivision (b)(3) shall be construed as prohibiting prosecution under any other applicable law.
(A) Patronizing prostitution from a person who is younger than eighteen (18) years of age, has an intellectual disability, or is a law enforcement officer posing as a minor is punishable as trafficking for commercial sex acts under § 39-13-309 .
(B) Nothing in this subdivision (b)(3) shall be construed as prohibiting prosecution under any other applicable law.
(c) As used in subsection (b), "school" means all public and private schools that conduct classes in any grade from kindergarten through grade twelve (K-12).
(d) It is not a defense to a violation of this section that: (1) The subject of the offense is a law enforcement officer; (2) The victim of the offense is a minor and consented to the offense; or (3) The solicitation was unsuccessful, the conduct solicited was not engaged in, or the law enforcement officer could not engage in the solicited offense.
(1) The subject of the offense is a law enforcement officer;
(2) The victim of the offense is a minor and consented to the offense; or
(3) The solicitation was unsuccessful, the conduct solicited was not engaged in, or the law enforcement officer could not engage in the solicited offense.
Amended by 2022 Tenn. Acts, ch. 1115, s 23, eff. 7/1/2022.
Amended by 2019 Tenn. Acts, ch. 123, s 4, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 123, s 3, eff. 7/1/2019.
Amended by 2017 Tenn. Acts, ch. 169, s 1, eff. 4/24/2017.
Amended by 2014 Tenn. Acts, ch. 957,s 2, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 957,s 1, eff. 7/1/2014.
Acts 1989, ch. 591, § 1; 1995, ch. 118, § 2; 2011 , ch. 377, § 2.
Tenn. Code Ann. § 39-17-1806 — TN Code / Title 39 / Chapter 17 / Section 39-17-1806
Enforcement - Notice - Complaints - Inspections - Informing violators
Status: in_force

(a) This part shall be enforced by the department of health in those enclosed public places otherwise regulated by the department. This part shall be enforced by the department of labor and workforce development in those enclosed public places otherwise regulated by the department. If neither department otherwise regulates an enclosed public place where smoking is prohibited pursuant to this part, the department of labor and workforce development shall enforce this part. The commissioner of health or the commissioner of labor and workforce development may apply for injunctive relief to enforce this part in any court of competent jurisdiction. (b) Notice of the provisions of this part shall be given to all applicants for a business license pursuant to title 67, chapter 4, part 7. (c) Any person who desires to register a complaint under this part may initiate the complaint with the department of health or the department of labor and workforce development, or both. (d) The department of health and the department of labor and workforce development shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this part. (e) An owner, manager, operator, or employee of an establishment regulated by this part shall inform persons violating this part of the appropriate provisions of this part. Acts 2007, ch. 410, § 1.
(a) This part shall be enforced by the department of health in those enclosed public places otherwise regulated by the department. This part shall be enforced by the department of labor and workforce development in those enclosed public places otherwise regulated by the department. If neither department otherwise regulates an enclosed public place where smoking is prohibited pursuant to this part, the department of labor and workforce development shall enforce this part. The commissioner of health or the commissioner of labor and workforce development may apply for injunctive relief to enforce this part in any court of competent jurisdiction.
(b) Notice of the provisions of this part shall be given to all applicants for a business license pursuant to title 67, chapter 4, part 7.
(c) Any person who desires to register a complaint under this part may initiate the complaint with the department of health or the department of labor and workforce development, or both.
(d) The department of health and the department of labor and workforce development shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this part.
(e) An owner, manager, operator, or employee of an establishment regulated by this part shall inform persons violating this part of the appropriate provisions of this part.
Acts 2007, ch. 410, § 1.
Tenn. Code Ann. § 39-17-404 — TN Code / Title 39 / Chapter 17 / Section 39-17-404
Name of drug
Status: in_force

(a) The controlled substances listed or to be listed in the schedules in this part are included by whatever official, common, usual, chemical, or trade name designated. (b) Notwithstanding any law to the contrary, the following are excluded from all schedules: (1) Non-narcotic substances excluded under 21 CFR 1308.22 , as amended; (2) Chemical preparations exempted under 21 CFR 1308.24 , as amended; (3) Veterinary anabolic steroid implant products excluded under 21 CFR 1308.26 , as amended; (4) Prescription products exempted under 21 CFR 1308.32 , as amended; (5) Anabolic steroid products exempted under 21 CFR 1308.34 , as amended; and (6) Certain cannabis plant material, and products made from such material, that contain tetrahydrocannabinols and that are exempted under 21 CFR 1308.35 , as amended. Amended by 2018 Tenn. Acts, ch. 1040,s 2, eff. 7/1/2018. Acts 1989, ch. 591, § 1.
(a) The controlled substances listed or to be listed in the schedules in this part are included by whatever official, common, usual, chemical, or trade name designated.
(b) Notwithstanding any law to the contrary, the following are excluded from all schedules: (1) Non-narcotic substances excluded under 21 CFR 1308.22 , as amended; (2) Chemical preparations exempted under 21 CFR 1308.24 , as amended; (3) Veterinary anabolic steroid implant products excluded under 21 CFR 1308.26 , as amended; (4) Prescription products exempted under 21 CFR 1308.32 , as amended; (5) Anabolic steroid products exempted under 21 CFR 1308.34 , as amended; and (6) Certain cannabis plant material, and products made from such material, that contain tetrahydrocannabinols and that are exempted under 21 CFR 1308.35 , as amended.
(1) Non-narcotic substances excluded under 21 CFR 1308.22 , as amended;
(2) Chemical preparations exempted under 21 CFR 1308.24 , as amended;
(3) Veterinary anabolic steroid implant products excluded under 21 CFR 1308.26 , as amended;
(4) Prescription products exempted under 21 CFR 1308.32 , as amended;
(5) Anabolic steroid products exempted under 21 CFR 1308.34 , as amended; and
(6) Certain cannabis plant material, and products made from such material, that contain tetrahydrocannabinols and that are exempted under 21 CFR 1308.35 , as amended.
Amended by 2018 Tenn. Acts, ch. 1040,s 2, eff. 7/1/2018.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-13-527 — TN Code / Title 39 / Chapter 13 / Section 39-13-527
Sexual battery by an authority figure
Status: in_force

(a) Sexual battery by an authority figure is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by the following circumstances: (1) The victim was, at the time of the offense, thirteen (13) years of age or older but less then eighteen (18) years of age; or (2) The victim was, at the time of the offense, mentally defective, mentally incapacitated or physically helpless, regardless of age; and, (3) (A) The defendant was at the time of the offense in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional or occupational status and used the position of trust or power to accomplish the sexual contact; or (B) The defendant had, at the time of the offense, parental or custodial authority over the victim and used the authority to accomplish the sexual contact. (b) Sexual battery by an authority figure is a Class C felony. Acts 1997, ch. 256, § 1; 1998, ch. 1034, § 1; 2005, ch. 478, § 1; 2006, ch. 897, § 1.
(a) Sexual battery by an authority figure is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by the following circumstances: (1) The victim was, at the time of the offense, thirteen (13) years of age or older but less then eighteen (18) years of age; or (2) The victim was, at the time of the offense, mentally defective, mentally incapacitated or physically helpless, regardless of age; and, (3) (A) The defendant was at the time of the offense in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional or occupational status and used the position of trust or power to accomplish the sexual contact; or (B) The defendant had, at the time of the offense, parental or custodial authority over the victim and used the authority to accomplish the sexual contact.
(1) The victim was, at the time of the offense, thirteen (13) years of age or older but less then eighteen (18) years of age; or
(2) The victim was, at the time of the offense, mentally defective, mentally incapacitated or physically helpless, regardless of age; and,
(3) (A) The defendant was at the time of the offense in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional or occupational status and used the position of trust or power to accomplish the sexual contact; or (B) The defendant had, at the time of the offense, parental or custodial authority over the victim and used the authority to accomplish the sexual contact.
(A) The defendant was at the time of the offense in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional or occupational status and used the position of trust or power to accomplish the sexual contact; or
(B) The defendant had, at the time of the offense, parental or custodial authority over the victim and used the authority to accomplish the sexual contact.
(b) Sexual battery by an authority figure is a Class C felony.
Acts 1997, ch. 256, § 1; 1998, ch. 1034, § 1; 2005, ch. 478, § 1; 2006, ch. 897, § 1.
Tenn. Code Ann. § 39-17-707 — TN Code / Title 39 / Chapter 17 / Section 39-17-707
Possession of still
Status: in_force

(a) It is unlawful for any person to have possession or control of any still or other apparatus, or part of any still or other apparatus, used or intended to be used for the purpose of manufacturing intoxicating liquor as prohibited by law. (b) A violation of this section is a Class B misdemeanor. Acts 1989, ch. 591, § 1.
(a) It is unlawful for any person to have possession or control of any still or other apparatus, or part of any still or other apparatus, used or intended to be used for the purpose of manufacturing intoxicating liquor as prohibited by law.
(b) A violation of this section is a Class B misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-16-409 — TN Code / Title 39 / Chapter 16 / Section 39-16-409
Sexual contact with probationer or parolee
Status: in_force

(a) For purposes of this section, unless the context otherwise requires: (1) "Probation and parole officer" means a probation and parole officer as defined in § 40-28-102 ; and (2) "Probationer or parolee" means any individual who is placed on probation or parole, as defined in § 40-28-102 , and who is under the active supervision of the department of correction. For the purpose of this section only, "probationer or parolee" does not include the lawful spouse of a probation and parole officer who is placed under the supervision of the department of correction subsequent to the marriage. (b) It is an offense for a probation and parole officer to engage in sexual contact or sexual penetration, as defined in § 39-13-501 , whether consensual or nonconsensual, with a probationer or parolee who is under the supervision of the department of correction; provided, that the probation or parole officer knows or reasonably should know the person is a probationer or parolee. (c) A violation of this section is a Class E felony. Acts 2008, ch. 1200, § 1; 2012, ch. 727, § 7.
(a) For purposes of this section, unless the context otherwise requires: (1) "Probation and parole officer" means a probation and parole officer as defined in § 40-28-102 ; and (2) "Probationer or parolee" means any individual who is placed on probation or parole, as defined in § 40-28-102 , and who is under the active supervision of the department of correction. For the purpose of this section only, "probationer or parolee" does not include the lawful spouse of a probation and parole officer who is placed under the supervision of the department of correction subsequent to the marriage.
(1) "Probation and parole officer" means a probation and parole officer as defined in § 40-28-102 ; and
(2) "Probationer or parolee" means any individual who is placed on probation or parole, as defined in § 40-28-102 , and who is under the active supervision of the department of correction. For the purpose of this section only, "probationer or parolee" does not include the lawful spouse of a probation and parole officer who is placed under the supervision of the department of correction subsequent to the marriage.
(b) It is an offense for a probation and parole officer to engage in sexual contact or sexual penetration, as defined in § 39-13-501 , whether consensual or nonconsensual, with a probationer or parolee who is under the supervision of the department of correction; provided, that the probation or parole officer knows or reasonably should know the person is a probationer or parolee.
(c) A violation of this section is a Class E felony.
Acts 2008, ch. 1200, § 1; 2012, ch. 727, § 7.
Tenn. Code Ann. § 39-17-424 — TN Code / Title 39 / Chapter 17 / Section 39-17-424
Determination whether object is drug paraphernalia
Status: in_force

In determining whether a particular object is drug paraphernalia as defined by § 39-17-402 , the court or other authority making that determination shall, in addition to all other logically relevant factors, consider the following: (1) Statements by the owner or anyone in control of the object concerning its use; (2) Prior convictions, if any, of the owner or of anyone in control of the object for violation of any state or federal law relating to controlled substances or controlled substance analogues; (3) The existence of any residue of controlled substances or controlled substance analogues on the object; (4) Instructions, oral or written, provided with the object concerning its use; (5) Descriptive materials accompanying the object that explain or depict its use; (6) The manner in which the object is displayed for sale; (7) The existence and scope of legitimate uses for the object in the community; and (8) Expert testimony concerning its use. Acts 1989, ch. 591, § 1; 2012, ch. 848, § 18.
In determining whether a particular object is drug paraphernalia as defined by § 39-17-402 , the court or other authority making that determination shall, in addition to all other logically relevant factors, consider the following:
(1) Statements by the owner or anyone in control of the object concerning its use;
(2) Prior convictions, if any, of the owner or of anyone in control of the object for violation of any state or federal law relating to controlled substances or controlled substance analogues;
(3) The existence of any residue of controlled substances or controlled substance analogues on the object;
(4) Instructions, oral or written, provided with the object concerning its use;
(5) Descriptive materials accompanying the object that explain or depict its use;
(6) The manner in which the object is displayed for sale;
(7) The existence and scope of legitimate uses for the object in the community; and
(8) Expert testimony concerning its use.
Acts 1989, ch. 591, § 1; 2012, ch. 848, § 18.
Tenn. Code Ann. § 39-11-501 — TN Code / Title 39 / Chapter 11 / Section 39-11-501
Insanity
Status: in_force

(a) It is an affirmative defense to prosecution that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature or wrongfulness of the defendant's acts. Mental disease or defect does not otherwise constitute a defense. The defendant has the burden of proving the defense of insanity by clear and convincing evidence. (b) As used in this section, "mental disease or defect" does not include any abnormality manifested only by repeated criminal or otherwise antisocial conduct. (c) No expert witness may testify as to whether the defendant was or was not insane as set forth in subsection (a). Such ultimate issue is a matter for the trier of fact alone. Acts 1989, ch. 591, § 1; 1995, ch. 494, § 1.
(a) It is an affirmative defense to prosecution that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature or wrongfulness of the defendant's acts. Mental disease or defect does not otherwise constitute a defense. The defendant has the burden of proving the defense of insanity by clear and convincing evidence.
(b) As used in this section, "mental disease or defect" does not include any abnormality manifested only by repeated criminal or otherwise antisocial conduct.
(c) No expert witness may testify as to whether the defendant was or was not insane as set forth in subsection (a). Such ultimate issue is a matter for the trier of fact alone.
Acts 1989, ch. 591, § 1; 1995, ch. 494, § 1.
Tenn. Code Ann. § 39-13-113 — TN Code / Title 39 / Chapter 13 / Section 39-13-113
Violation of an order of protection or restraining order - Violation of no contact order
Status: in_force

(a) It is an offense to knowingly violate: (1) An order of protection issued pursuant to title 36, chapter 3, part 6; or (2) A restraining order issued to a victim as defined in § 36-3-601 . (b) A person violating this section may be arrested with or without a warrant as provided in § 36-3-611 , and the arrest shall be conducted in accordance with the requirements of § 36-3-619 . (c) A person who is arrested for a violation of this section shall be considered within the provisions of § 40-11-150(a) and subject to the twelve-hour holding period authorized by § 40-11-150(h) . (d) After a person has been arrested for a violation of this section, the arresting officer shall inform the victim that the person has been arrested and that the person may be eligible to post bond for the offense and be released until the date of trial for the offense. (e) Neither an arrest nor the issuance of a warrant or capias for a violation of this section in any way affects the validity or enforceability of any order of protection, restraining order, or no contact order. (f) In order to constitute a violation of subsection (a): (1) The person must have received notice of the request for an order of protection or restraining order; (2) The person must have had an opportunity to appear and be heard in connection with the order of protection or restraining order; and (3) The court made specific findings of fact in the order of protection or restraining order that the person committed domestic abuse, sexual assault, or stalking as defined in § 36-3-601 or was convicted of a felony offense under chapter 13, part 1, 2, 3, or 5 of this title. (g) A violation of subsection (a) is a Class A misdemeanor. Notwithstanding § 40-35-111(e)(1) , a violation of subsection (a) is punishable by a fine of not less than one hundred dollars ($100) nor more than two thousand five hundred dollars ($2,500), and any sentence of incarceration imposed shall be served consecutively to the sentence for any other offense that is based in whole or in part on the same factual allegations. However, the sentencing judge or magistrate may specifically order the sentences for the offenses arising out of the same facts to be served concurrently. (h) (1) It is an offense and a violation of an order of protection for a person to knowingly possess a firearm while an order of protection that fully complies with 18 U.S.C. § 922(g)(8) is entered against that person and in effect, or any successive order of protection containing the language of § 36-3-606(f) and that fully complies with 18 U.S.C. § 922(g)(8) is entered against that person and in effect. (2) For purposes of this subsection (h), the determination of whether a person possesses firearms shall be based upon the factors set out in § 36-3-625(f) if the firearms constitute the business inventory or are subject to the National Firearms Act, ( 26 U.S.C. § 5801 et seq.). (3) A violation of this subsection (h) is a Class A misdemeanor and each violation constitutes a separate offense. (4) If a violation of subsection (h) also constitutes a violation of § 36-3-625(h) or § 39-17-1307(f) , the respondent may be charged and convicted under any or all such sections. (i) (1) It is an offense to knowingly violate a no contact order, issued prior to a defendant's release on bond, following the defendant's arrest for any criminal offense defined in this chapter, in which the alleged victim of the offense is a domestic abuse victim as defined in § 36-3-601 . (2) A violation of subdivision (i)(1) is a Class A misdemeanor. A sentence imposed must be served consecutively to the sentence for the offense for which the defendant was originally arrested, unless the sentencing judge or magistrate specifically orders the sentences for the offenses to be served concurrently. Amended by 2021 Tenn. Acts, ch. 60, s 5, eff. 7/1/2021. Amended by 2019 Tenn. Acts, ch. 422, s 1, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 393, Secs.s 3, s 4, s 5 eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 393, s 2, eff. 7/1/2019. Acts 2006, ch. 920, § 1; 2008 , ch. 902, § 1; 2009 , ch. 455, § 5.
(a) It is an offense to knowingly violate: (1) An order of protection issued pursuant to title 36, chapter 3, part 6; or (2) A restraining order issued to a victim as defined in § 36-3-601 .
(1) An order of protection issued pursuant to title 36, chapter 3, part 6; or
(2) A restraining order issued to a victim as defined in § 36-3-601 .
(b) A person violating this section may be arrested with or without a warrant as provided in § 36-3-611 , and the arrest shall be conducted in accordance with the requirements of § 36-3-619 .
(c) A person who is arrested for a violation of this section shall be considered within the provisions of § 40-11-150(a) and subject to the twelve-hour holding period authorized by § 40-11-150(h) .
(d) After a person has been arrested for a violation of this section, the arresting officer shall inform the victim that the person has been arrested and that the person may be eligible to post bond for the offense and be released until the date of trial for the offense.
(e) Neither an arrest nor the issuance of a warrant or capias for a violation of this section in any way affects the validity or enforceability of any order of protection, restraining order, or no contact order.
(f) In order to constitute a violation of subsection (a): (1) The person must have received notice of the request for an order of protection or restraining order; (2) The person must have had an opportunity to appear and be heard in connection with the order of protection or restraining order; and (3) The court made specific findings of fact in the order of protection or restraining order that the person committed domestic abuse, sexual assault, or stalking as defined in § 36-3-601 or was convicted of a felony offense under chapter 13, part 1, 2, 3, or 5 of this title.
(1) The person must have received notice of the request for an order of protection or restraining order;
(2) The person must have had an opportunity to appear and be heard in connection with the order of protection or restraining order; and
(3) The court made specific findings of fact in the order of protection or restraining order that the person committed domestic abuse, sexual assault, or stalking as defined in § 36-3-601 or was convicted of a felony offense under chapter 13, part 1, 2, 3, or 5 of this title.
(g) A violation of subsection (a) is a Class A misdemeanor. Notwithstanding § 40-35-111(e)(1) , a violation of subsection (a) is punishable by a fine of not less than one hundred dollars ($100) nor more than two thousand five hundred dollars ($2,500), and any sentence of incarceration imposed shall be served consecutively to the sentence for any other offense that is based in whole or in part on the same factual allegations. However, the sentencing judge or magistrate may specifically order the sentences for the offenses arising out of the same facts to be served concurrently.
(h) (1) It is an offense and a violation of an order of protection for a person to knowingly possess a firearm while an order of protection that fully complies with 18 U.S.C. § 922(g)(8) is entered against that person and in effect, or any successive order of protection containing the language of § 36-3-606(f) and that fully complies with 18 U.S.C. § 922(g)(8) is entered against that person and in effect. (2) For purposes of this subsection (h), the determination of whether a person possesses firearms shall be based upon the factors set out in § 36-3-625(f) if the firearms constitute the business inventory or are subject to the National Firearms Act, ( 26 U.S.C. § 5801 et seq.). (3) A violation of this subsection (h) is a Class A misdemeanor and each violation constitutes a separate offense. (4) If a violation of subsection (h) also constitutes a violation of § 36-3-625(h) or § 39-17-1307(f) , the respondent may be charged and convicted under any or all such sections.
(1) It is an offense and a violation of an order of protection for a person to knowingly possess a firearm while an order of protection that fully complies with 18 U.S.C. § 922(g)(8) is entered against that person and in effect, or any successive order of protection containing the language of § 36-3-606(f) and that fully complies with 18 U.S.C. § 922(g)(8) is entered against that person and in effect.
(2) For purposes of this subsection (h), the determination of whether a person possesses firearms shall be based upon the factors set out in § 36-3-625(f) if the firearms constitute the business inventory or are subject to the National Firearms Act, ( 26 U.S.C. § 5801 et seq.).
(3) A violation of this subsection (h) is a Class A misdemeanor and each violation constitutes a separate offense.
(4) If a violation of subsection (h) also constitutes a violation of § 36-3-625(h) or § 39-17-1307(f) , the respondent may be charged and convicted under any or all such sections.
(i) (1) It is an offense to knowingly violate a no contact order, issued prior to a defendant's release on bond, following the defendant's arrest for any criminal offense defined in this chapter, in which the alleged victim of the offense is a domestic abuse victim as defined in § 36-3-601 . (2) A violation of subdivision (i)(1) is a Class A misdemeanor. A sentence imposed must be served consecutively to the sentence for the offense for which the defendant was originally arrested, unless the sentencing judge or magistrate specifically orders the sentences for the offenses to be served concurrently.
(1) It is an offense to knowingly violate a no contact order, issued prior to a defendant's release on bond, following the defendant's arrest for any criminal offense defined in this chapter, in which the alleged victim of the offense is a domestic abuse victim as defined in § 36-3-601 .
(2) A violation of subdivision (i)(1) is a Class A misdemeanor. A sentence imposed must be served consecutively to the sentence for the offense for which the defendant was originally arrested, unless the sentencing judge or magistrate specifically orders the sentences for the offenses to be served concurrently.
Amended by 2021 Tenn. Acts, ch. 60, s 5, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 422, s 1, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 393, Secs.s 3, s 4, s 5 eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 393, s 2, eff. 7/1/2019.
Acts 2006, ch. 920, § 1; 2008 , ch. 902, § 1; 2009 , ch. 455, § 5.
Tenn. Code Ann. § 39-17-429 — TN Code / Title 39 / Chapter 17 / Section 39-17-429
Accountability for disposition of fines and forfeitures
Status: in_force

(a) The sheriff's department shall be accountable to the county legislative body and the municipal law enforcement department shall be accountable to the municipal legislative body for the proper disposition of the proceeds of goods seized and forfeited under § 53-11-451 , and for the fines imposed by § 39-17-428 . (b) An annual audited report of the funds shall be submitted by the sheriff or the proper official of the municipal law enforcement department to the respective local legislative body. In those years when the office of the comptroller of the treasury conducts an audit, if any, the audit shall satisfy this requirement. If no audit is conducted by the office of the comptroller of the treasury, then an audit shall be performed by a certified public accountant to satisfy this requirement. Acts 1990, ch. 1036, § 3.
(a) The sheriff's department shall be accountable to the county legislative body and the municipal law enforcement department shall be accountable to the municipal legislative body for the proper disposition of the proceeds of goods seized and forfeited under § 53-11-451 , and for the fines imposed by § 39-17-428 .
(b) An annual audited report of the funds shall be submitted by the sheriff or the proper official of the municipal law enforcement department to the respective local legislative body. In those years when the office of the comptroller of the treasury conducts an audit, if any, the audit shall satisfy this requirement. If no audit is conducted by the office of the comptroller of the treasury, then an audit shall be performed by a certified public accountant to satisfy this requirement.
Acts 1990, ch. 1036, § 3.
Tenn. Code Ann. § 39-14-904 — TN Code / Title 39 / Chapter 14 / Section 39-14-904
Joinder of offenses
Status: in_force

A defendant charged with a violation of one (1) or more offenses within § 39-14-903 may also be jointly charged, tried and convicted in a single prosecution for committing any related specified unlawful activity, which shall be separately punished. Acts 1996, ch. 1012, § 3.
A defendant charged with a violation of one (1) or more offenses within § 39-14-903 may also be jointly charged, tried and convicted in a single prosecution for committing any related specified unlawful activity, which shall be separately punished.
Acts 1996, ch. 1012, § 3.
Tenn. Code Ann. § 39-13-217 — TN Code / Title 39 / Chapter 13 / Section 39-13-217
Priority in case docketing
Status: in_force

The trial courts of this state and the Tennessee supreme court shall give first priority in docketing to cases where the state has given notice of intent to seek the death penalty pursuant to Rule 12.3(b) of the Rules of Criminal Procedure, or the defendant has been sentenced to death. Amended by 2019 Tenn. Acts, ch. 140,s 4, eff. 7/1/2019. Acts 1995, ch. 338, § 1.
The trial courts of this state and the Tennessee supreme court shall give first priority in docketing to cases where the state has given notice of intent to seek the death penalty pursuant to Rule 12.3(b) of the Rules of Criminal Procedure, or the defendant has been sentenced to death.
Amended by 2019 Tenn. Acts, ch. 140,s 4, eff. 7/1/2019.
Acts 1995, ch. 338, § 1.
Tenn. Code Ann. § 39-14-410 — TN Code / Title 39 / Chapter 14 / Section 39-14-410
Timber
Status: in_force

(a) It is the duty of any sawmill owner or operator or other person purchasing timber in the form of logs, dye wood, cord wood, hickory blocks, stave blocks, hoop poles, cross ties, shrubbery or any other kind of timber from the lands sold to the state for taxes or other state-owned land or lands belonging to an individual, firm or corporation, to obtain from the seller a bill of sale for the same or other evidence of ownership which shall be preserved by the purchaser for a period of one (1) year and shall be available for inspection to any person concerned in such timber. (b) A violation of this section is a Class A misdemeanor. Acts 1989, ch. 591, § 1.
(a) It is the duty of any sawmill owner or operator or other person purchasing timber in the form of logs, dye wood, cord wood, hickory blocks, stave blocks, hoop poles, cross ties, shrubbery or any other kind of timber from the lands sold to the state for taxes or other state-owned land or lands belonging to an individual, firm or corporation, to obtain from the seller a bill of sale for the same or other evidence of ownership which shall be preserved by the purchaser for a period of one (1) year and shall be available for inspection to any person concerned in such timber.
(b) A violation of this section is a Class A misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-1362 — TN Code / Title 39 / Chapter 17 / Section 39-17-1362
Imitation firearm - Defined - Offense to display in threatening manner in public place
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Imitation firearm" means an object or device substantially similar in coloration and overall appearance to a firearm, as defined in § 39-11-106(a) , as to lead a reasonable person to perceive that the object or device is a firearm; and (2) "Public place" means a place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds, and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence. An act is deemed to occur in a public place if it produces its proscribed consequences in a public place, even if the person engaging in the prohibited conduct is not in a public place. (b) A person commits an offense who intentionally displays in a threatening manner an imitation firearm in a public place in a way that would cause a reasonable person to fear bodily injury to themselves or another. (c) It is a defense to a violation of subsection (b) if the imitation firearm is displayed in connection with, or as a part of, any justifiable defense as set forth in chapter 11, part 6 of this title. (d) A violation of this section is a Class B misdemeanor. (e) Nothing in this section shall be construed to prohibit prosecution under any other law. Acts 2008, ch. 1173, § 1.
(a) As used in this section, unless the context otherwise requires: (1) "Imitation firearm" means an object or device substantially similar in coloration and overall appearance to a firearm, as defined in § 39-11-106(a) , as to lead a reasonable person to perceive that the object or device is a firearm; and (2) "Public place" means a place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds, and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence. An act is deemed to occur in a public place if it produces its proscribed consequences in a public place, even if the person engaging in the prohibited conduct is not in a public place.
(1) "Imitation firearm" means an object or device substantially similar in coloration and overall appearance to a firearm, as defined in § 39-11-106(a) , as to lead a reasonable person to perceive that the object or device is a firearm; and
(2) "Public place" means a place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds, and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence. An act is deemed to occur in a public place if it produces its proscribed consequences in a public place, even if the person engaging in the prohibited conduct is not in a public place.
(b) A person commits an offense who intentionally displays in a threatening manner an imitation firearm in a public place in a way that would cause a reasonable person to fear bodily injury to themselves or another.
(c) It is a defense to a violation of subsection (b) if the imitation firearm is displayed in connection with, or as a part of, any justifiable defense as set forth in chapter 11, part 6 of this title.
(d) A violation of this section is a Class B misdemeanor.
(e) Nothing in this section shall be construed to prohibit prosecution under any other law.
Acts 2008, ch. 1173, § 1.
Tenn. Code Ann. § 39-17-905 — TN Code / Title 39 / Chapter 17 / Section 39-17-905
Temporary restraining orders and injunctions - Trial - Judgment - Review
Status: in_force

(a) The circuit, chancery, or criminal courts of this state and the chancellors and judges of those courts shall have full power, authority, and jurisdiction, upon application by sworn detailed petition filed by the district attorney general within their respective jurisdictions, to issue any and all proper temporary restraining orders, temporary and permanent injunctions, and any other writs and processes appropriate to carry out and enforce §§ 39-17-901 - 39-17-908. However, this section shall not be construed to authorize the issue of ex parte temporary injunctions preventing further regularly scheduled exhibition of motion picture films by commercial theaters, such injunction to issue only upon at least one (1) day's notice, but the court may immediately forbid the removing, destroying, deleting, splicing, amending or otherwise altering the matter alleged to be obscene. (b) The person to be enjoined shall be entitled to trial of the issues within two (2) days after joinder of issue, and a decision shall be rendered by the court within two (2) days of the conclusion of the trial. In order to facilitate the introduction of evidence at any hearing as provided in this section, the court is empowered to order defendants named in any proceeding set out in this section to produce one (1) copy of the matter alleged to be obscene, along with necessary viewing equipment, in open court at the time of the hearing or at any other time agreed upon by the parties and the court. In proceedings under this section, there shall be no right to trial by jury. If the defendant in any suit for injunction filed under the terms of this section shall fail to answer or otherwise join issue within twenty (20) days after the filing of a petition for injunction, the court, on motion of the district attorney general, shall enter a general denial for the defendant, and set a date for hearing on the questions raised in the petition for injunction within ten (10) days following the entry of the denial entered by the court, and the court shall render its decision within two (2) days after the conclusion of that hearing. (c) In the event that a final order or judgment of injunction is entered against the person sought to be enjoined, the final order or judgment shall contain a provision directing the person to surrender to the clerk of the court of the county in which the proceedings were brought any of the obscene matter in the person's possession, and the clerk shall be directed to hold the matter in the clerk's possession to be used as evidence in any criminal proceedings in which the matter is in issue, but if no indictment is returned concerning the matter within six (6) months of the entry of final order, the clerk shall destroy the matter. (d) Any party, including the district attorney general, shall be entitled to an appeal from an adverse decision of the court. The granting of an appeal shall have the effect of staying or suspending any order to destroy but not an order to seize the matter, nor shall the granting of an appeal suspend any permanent injunction granted by the trial court. Acts 1989, ch. 591, § 1.
(a) The circuit, chancery, or criminal courts of this state and the chancellors and judges of those courts shall have full power, authority, and jurisdiction, upon application by sworn detailed petition filed by the district attorney general within their respective jurisdictions, to issue any and all proper temporary restraining orders, temporary and permanent injunctions, and any other writs and processes appropriate to carry out and enforce §§ 39-17-901 - 39-17-908. However, this section shall not be construed to authorize the issue of ex parte temporary injunctions preventing further regularly scheduled exhibition of motion picture films by commercial theaters, such injunction to issue only upon at least one (1) day's notice, but the court may immediately forbid the removing, destroying, deleting, splicing, amending or otherwise altering the matter alleged to be obscene.
(b) The person to be enjoined shall be entitled to trial of the issues within two (2) days after joinder of issue, and a decision shall be rendered by the court within two (2) days of the conclusion of the trial. In order to facilitate the introduction of evidence at any hearing as provided in this section, the court is empowered to order defendants named in any proceeding set out in this section to produce one (1) copy of the matter alleged to be obscene, along with necessary viewing equipment, in open court at the time of the hearing or at any other time agreed upon by the parties and the court. In proceedings under this section, there shall be no right to trial by jury. If the defendant in any suit for injunction filed under the terms of this section shall fail to answer or otherwise join issue within twenty (20) days after the filing of a petition for injunction, the court, on motion of the district attorney general, shall enter a general denial for the defendant, and set a date for hearing on the questions raised in the petition for injunction within ten (10) days following the entry of the denial entered by the court, and the court shall render its decision within two (2) days after the conclusion of that hearing.
(c) In the event that a final order or judgment of injunction is entered against the person sought to be enjoined, the final order or judgment shall contain a provision directing the person to surrender to the clerk of the court of the county in which the proceedings were brought any of the obscene matter in the person's possession, and the clerk shall be directed to hold the matter in the clerk's possession to be used as evidence in any criminal proceedings in which the matter is in issue, but if no indictment is returned concerning the matter within six (6) months of the entry of final order, the clerk shall destroy the matter.
(d) Any party, including the district attorney general, shall be entitled to an appeal from an adverse decision of the court. The granting of an appeal shall have the effect of staying or suspending any order to destroy but not an order to seize the matter, nor shall the granting of an appeal suspend any permanent injunction granted by the trial court.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-16-503 — TN Code / Title 39 / Chapter 16 / Section 39-16-503
Tampering with or fabricating evidence
Status: in_force

(a) It is unlawful for any person, knowing that an investigation or official proceeding is pending or in progress, to: (1) Alter, destroy, or conceal any record, document or thing with intent to impair its verity, legibility, or availability as evidence in the investigation or official proceeding; or (2) Make, present, or use any record, document or thing with knowledge of its falsity and with intent to affect the course or outcome of the investigation or official proceeding. (b) A violation of this section is a Class C felony. Acts 1989, ch. 591, § 1.
(a) It is unlawful for any person, knowing that an investigation or official proceeding is pending or in progress, to: (1) Alter, destroy, or conceal any record, document or thing with intent to impair its verity, legibility, or availability as evidence in the investigation or official proceeding; or (2) Make, present, or use any record, document or thing with knowledge of its falsity and with intent to affect the course or outcome of the investigation or official proceeding.
(1) Alter, destroy, or conceal any record, document or thing with intent to impair its verity, legibility, or availability as evidence in the investigation or official proceeding; or
(2) Make, present, or use any record, document or thing with knowledge of its falsity and with intent to affect the course or outcome of the investigation or official proceeding.
(b) A violation of this section is a Class C felony.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-16-509 — TN Code / Title 39 / Chapter 16 / Section 39-16-509
Improper influence of juror
Status: in_force

(a) A person commits an offense who privately communicates with a juror with intent to influence the outcome of the proceeding on the basis of considerations other than those authorized by law. (b) A violation of this section is a Class A misdemeanor. Acts 1989, ch. 591, § 1.
(a) A person commits an offense who privately communicates with a juror with intent to influence the outcome of the proceeding on the basis of considerations other than those authorized by law.
(b) A violation of this section is a Class A misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-16-513 — TN Code / Title 39 / Chapter 16 / Section 39-16-513
Defense
Status: in_force

It is a defense to prosecution under §§ 39-16-511 and 39-16-512 that the benefit involved was a trivial benefit incidental to personal, professional, or business contacts, which involves no substantial risk of undermining official juror impartiality. Acts 1989, ch. 591, § 1.
It is a defense to prosecution under §§ 39-16-511 and 39-16-512 that the benefit involved was a trivial benefit incidental to personal, professional, or business contacts, which involves no substantial risk of undermining official juror impartiality.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-504 — TN Code / Title 39 / Chapter 17 / Section 39-17-504
Aggravated gambling promotion
Status: in_force

(a) A person commits an offense who knowingly invests in, finances, owns, controls, supervises, manages or participates in a gambling enterprise. (b) For purposes of this section, "gambling enterprise" means two (2) or more persons regularly engaged in gambling promotion as defined in § 39-17-503 . (c) The offense of aggravated gambling promotion is a Class E felony. Acts 1989, ch. 591, § 1.
(a) A person commits an offense who knowingly invests in, finances, owns, controls, supervises, manages or participates in a gambling enterprise.
(b) For purposes of this section, "gambling enterprise" means two (2) or more persons regularly engaged in gambling promotion as defined in § 39-17-503 .
(c) The offense of aggravated gambling promotion is a Class E felony.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-12-210 — TN Code / Title 39 / Chapter 12 / Section 39-12-210
Remedies of creditors and innocent persons
Status: in_force

(a) Any creditor or innocent person who has an interest in any real or personal property that is the subject of any civil suit filed by the investigative agency shall have the right to intervene in the civil suit. (b) (1) If there is no civil suit pending, any creditor or innocent person who has an interest in any real or personal property that is the subject of any RICO lien notice may apply to the investigative agency for a release of the property. The investigative agency shall, within thirty (30) days of such application, either release the property or deny the application. If the investigative agency denies the application for relief, the creditor or innocent person may petition the appropriate chancery or circuit court for release of the lien. The hearing shall be held within thirty (30) days of receipt of process by the investigative agency. (2) Upon application for release or hearing pursuant to this section, the real or personal property, or portion of the real or personal property in which a creditor or innocent person has an interest, shall be released, upon a finding that the creditor or innocent person is not a participant with the defendant in the enterprise or racketeering activity, and did not know, or have reason to know, of such activity prior to the filing of a RICO lien notice. (c) The remedies provided to creditors and innocent persons in this section are in addition to any other rights or remedies provided by this part or by law. Acts 1989, ch. 591, § 1.
(a) Any creditor or innocent person who has an interest in any real or personal property that is the subject of any civil suit filed by the investigative agency shall have the right to intervene in the civil suit.
(b) (1) If there is no civil suit pending, any creditor or innocent person who has an interest in any real or personal property that is the subject of any RICO lien notice may apply to the investigative agency for a release of the property. The investigative agency shall, within thirty (30) days of such application, either release the property or deny the application. If the investigative agency denies the application for relief, the creditor or innocent person may petition the appropriate chancery or circuit court for release of the lien. The hearing shall be held within thirty (30) days of receipt of process by the investigative agency. (2) Upon application for release or hearing pursuant to this section, the real or personal property, or portion of the real or personal property in which a creditor or innocent person has an interest, shall be released, upon a finding that the creditor or innocent person is not a participant with the defendant in the enterprise or racketeering activity, and did not know, or have reason to know, of such activity prior to the filing of a RICO lien notice.
(1) If there is no civil suit pending, any creditor or innocent person who has an interest in any real or personal property that is the subject of any RICO lien notice may apply to the investigative agency for a release of the property. The investigative agency shall, within thirty (30) days of such application, either release the property or deny the application. If the investigative agency denies the application for relief, the creditor or innocent person may petition the appropriate chancery or circuit court for release of the lien. The hearing shall be held within thirty (30) days of receipt of process by the investigative agency.
(2) Upon application for release or hearing pursuant to this section, the real or personal property, or portion of the real or personal property in which a creditor or innocent person has an interest, shall be released, upon a finding that the creditor or innocent person is not a participant with the defendant in the enterprise or racketeering activity, and did not know, or have reason to know, of such activity prior to the filing of a RICO lien notice.
(c) The remedies provided to creditors and innocent persons in this section are in addition to any other rights or remedies provided by this part or by law.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-15-205 — TN Code / Title 39 / Chapter 15 / Section 39-15-205
Right of hospitals to refuse to accept abortion patients
Status: in_force

No section of this part shall be construed to force a hospital to accept a patient for an abortion. Acts 1989, ch. 591, § 1.
No section of this part shall be construed to force a hospital to accept a patient for an abortion.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-15-508 — TN Code / Title 39 / Chapter 15 / Section 39-15-508
Offense of aggravated neglect of elderly or vulnerable adult
Status: in_force

(a) A caregiver commits the offense of aggravated neglect of an elderly or vulnerable adult who commits neglect pursuant to § 39-15-507 , and the act: (1) Results in serious physical harm; or (2) Results in serious bodily injury. (b) In order to convict a person for a violation of subdivision (a)(1), it is not necessary for the state to prove the elderly or vulnerable adult sustained serious bodily injury as required by § 39-13-102 , but only that the neglect resulted in serious physical harm. (c) A violation of subdivision (a)(1) is a Class C felony. (d) A violation of subdivision (a)(2) is a Class B felony. Added by 2018 Tenn. Acts, ch. 1050,s 5, eff. 1/1/2019.
(a) A caregiver commits the offense of aggravated neglect of an elderly or vulnerable adult who commits neglect pursuant to § 39-15-507 , and the act: (1) Results in serious physical harm; or (2) Results in serious bodily injury.
(1) Results in serious physical harm; or
(2) Results in serious bodily injury.
(b) In order to convict a person for a violation of subdivision (a)(1), it is not necessary for the state to prove the elderly or vulnerable adult sustained serious bodily injury as required by § 39-13-102 , but only that the neglect resulted in serious physical harm.
(c) A violation of subdivision (a)(1) is a Class C felony.
(d) A violation of subdivision (a)(2) is a Class B felony.
Added by 2018 Tenn. Acts, ch. 1050,s 5, eff. 1/1/2019.
Tenn. Code Ann. § 39-17-436 — TN Code / Title 39 / Chapter 17 / Section 39-17-436
Drug offender registry
Status: in_force

(a) There is created within the Tennessee bureau of investigation a registry of persons convicted of a violation of any of the following offenses: (1) Section 39-17-418 involving any substance listed in § 39-17-408(d)(2) ; (2) Section 39-17-431 ; (3) Any felony offense prohibited by this part; or (4) Conspiracy to commit, attempt to commit, or solicitation to commit any of the offenses listed in subdivisions (a)(1)-(3). (b) This registry shall be maintained by the Tennessee bureau of investigation based upon information supplied to the bureau by the clerks pursuant to subsection (c) and the registry shall be made available for public inquiry on the internet. (c) The registry shall consist of the person's name, date of birth, offense or offenses requiring the person's inclusion on the registry, the conviction date and county of those offenses. If available after reasonable inquiry, the clerk shall provide the bureau of investigation with the person's driver license number and issuing state, or any other state or federal identification number, and such other identifying data as the bureau determines is necessary to properly identify the convicted person and exclude innocent persons. However, the registry available for public inquiry shall not include the person's social security number, driver license number, or any other state or federal identification number. (d) The court clerks shall forward a copy of the judgment and date of birth of all persons who are convicted of a violation of the offenses described in subsection (a) to the Tennessee bureau of investigation. The information shall be forwarded to the bureau within forty-five (45) days of the date of judgment. (e) The Tennessee bureau of investigation shall remove from the registry the name and other identifying information of persons who are convicted of a violation of the offenses described in subsection (a) ten (10) years after the date of the most recent conviction. (f) Any person convicted of an offense or offenses for which placement on the drug offender registry is required pursuant to subsection (a) shall be prohibited from purchasing a nonexempt product containing any immediate methamphetamine precursor for the entire period such person is required to be on the registry. (g) The Tennessee bureau of investigation shall remove from the registry the name and other identifying information of persons who are convicted of a violation of the offenses described in subsection (a) upon receipt of notice of the death of such person. Bureau officials shall verify the person's death by checking the social security death index, obtaining a copy of the offender's certificate of death, or obtaining court documentation, a law enforcement report, or any other credible documentation as determined by the bureau. Amended by 2022 Tenn. Acts, ch. 654, s 1, eff. 3/15/2022. Amended by 2014 Tenn. Acts, ch. 732, Secs.s 2, s 3 eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 732, s 1, eff. 7/1/2014. Acts 2005, ch. 18, § 13; 2012 , ch. 911, § 1.
(a) There is created within the Tennessee bureau of investigation a registry of persons convicted of a violation of any of the following offenses: (1) Section 39-17-418 involving any substance listed in § 39-17-408(d)(2) ; (2) Section 39-17-431 ; (3) Any felony offense prohibited by this part; or (4) Conspiracy to commit, attempt to commit, or solicitation to commit any of the offenses listed in subdivisions (a)(1)-(3).
(1) Section 39-17-418 involving any substance listed in § 39-17-408(d)(2) ;
(2) Section 39-17-431 ;
(3) Any felony offense prohibited by this part; or
(4) Conspiracy to commit, attempt to commit, or solicitation to commit any of the offenses listed in subdivisions (a)(1)-(3).
(b) This registry shall be maintained by the Tennessee bureau of investigation based upon information supplied to the bureau by the clerks pursuant to subsection (c) and the registry shall be made available for public inquiry on the internet.
(c) The registry shall consist of the person's name, date of birth, offense or offenses requiring the person's inclusion on the registry, the conviction date and county of those offenses. If available after reasonable inquiry, the clerk shall provide the bureau of investigation with the person's driver license number and issuing state, or any other state or federal identification number, and such other identifying data as the bureau determines is necessary to properly identify the convicted person and exclude innocent persons. However, the registry available for public inquiry shall not include the person's social security number, driver license number, or any other state or federal identification number.
(d) The court clerks shall forward a copy of the judgment and date of birth of all persons who are convicted of a violation of the offenses described in subsection (a) to the Tennessee bureau of investigation. The information shall be forwarded to the bureau within forty-five (45) days of the date of judgment.
(e) The Tennessee bureau of investigation shall remove from the registry the name and other identifying information of persons who are convicted of a violation of the offenses described in subsection (a) ten (10) years after the date of the most recent conviction.
(f) Any person convicted of an offense or offenses for which placement on the drug offender registry is required pursuant to subsection (a) shall be prohibited from purchasing a nonexempt product containing any immediate methamphetamine precursor for the entire period such person is required to be on the registry.
(g) The Tennessee bureau of investigation shall remove from the registry the name and other identifying information of persons who are convicted of a violation of the offenses described in subsection (a) upon receipt of notice of the death of such person. Bureau officials shall verify the person's death by checking the social security death index, obtaining a copy of the offender's certificate of death, or obtaining court documentation, a law enforcement report, or any other credible documentation as determined by the bureau.
Amended by 2022 Tenn. Acts, ch. 654, s 1, eff. 3/15/2022.
Amended by 2014 Tenn. Acts, ch. 732, Secs.s 2, s 3 eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 732, s 1, eff. 7/1/2014.
Acts 2005, ch. 18, § 13; 2012 , ch. 911, § 1.
Tenn. Code Ann. § 39-12-106 — TN Code / Title 39 / Chapter 12 / Section 39-12-106
Multiple convictions
Status: in_force

(a) A person may not be convicted of more than one (1) of the offenses of criminal attempt, solicitation or conspiracy for conduct designed to commit or to culminate in the commission of the same offense. (b) A person may not be convicted of criminal attempt or solicitation and the offense that was the object of the attempt or solicitation. (c) A person may be convicted of conspiracy and the offense which was the object of the conspiracy. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 10.
(a) A person may not be convicted of more than one (1) of the offenses of criminal attempt, solicitation or conspiracy for conduct designed to commit or to culminate in the commission of the same offense.
(b) A person may not be convicted of criminal attempt or solicitation and the offense that was the object of the attempt or solicitation.
(c) A person may be convicted of conspiracy and the offense which was the object of the conspiracy.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 10.
Tenn. Code Ann. § 39-13-809 — TN Code / Title 39 / Chapter 13 / Section 39-13-809
Religious justification for violence or criminal activity prohibited
Status: in_force

Religious justification for violence or criminal activity prohibited by this part shall not be considered a justification or a defense pursuant to chapter 11, part 6 of this title, nor shall it prohibit prosecution pursuant to this part. Acts 2011, ch. 497, § 5.
Religious justification for violence or criminal activity prohibited by this part shall not be considered a justification or a defense pursuant to chapter 11, part 6 of this title, nor shall it prohibit prosecution pursuant to this part.
Acts 2011, ch. 497, § 5.
Tenn. Code Ann. § 39-14-502 — TN Code / Title 39 / Chapter 14 / Section 39-14-502
Offense of littering
Status: in_force

(a) A person commits littering who: (1) Knowingly places, drops or throws litter on any public or private property without permission and does not immediately remove it; (2) Negligently places or throws glass or other dangerous substances on or adjacent to water to which the public has access for swimming or wading, or on or within fifty feet (50') of a public highway; or (3) Negligently discharges sewage, minerals, oil products or litter into any public waters or lakes within this state. (b) Whenever litter is placed, dropped, or thrown from any motor vehicle, boat, airplane, or other conveyance in violation of this section, the trier of fact may, in its discretion and in consideration of the totality of the circumstances, infer that the operator of the conveyance has committed littering. (c) Whenever litter discovered on public or private property is found to contain any article or articles, including, but not limited to, letters, bills, publications, or other writings that display the name of a person in such a manner as to indicate that the article belongs or belonged to that person, the trier of fact may, in its discretion and in consideration of the totality of the circumstances, infer that the person has committed littering. Acts 2007, ch. 595, § 1.
(a) A person commits littering who: (1) Knowingly places, drops or throws litter on any public or private property without permission and does not immediately remove it; (2) Negligently places or throws glass or other dangerous substances on or adjacent to water to which the public has access for swimming or wading, or on or within fifty feet (50') of a public highway; or (3) Negligently discharges sewage, minerals, oil products or litter into any public waters or lakes within this state.
(1) Knowingly places, drops or throws litter on any public or private property without permission and does not immediately remove it;
(2) Negligently places or throws glass or other dangerous substances on or adjacent to water to which the public has access for swimming or wading, or on or within fifty feet (50') of a public highway; or
(3) Negligently discharges sewage, minerals, oil products or litter into any public waters or lakes within this state.
(b) Whenever litter is placed, dropped, or thrown from any motor vehicle, boat, airplane, or other conveyance in violation of this section, the trier of fact may, in its discretion and in consideration of the totality of the circumstances, infer that the operator of the conveyance has committed littering.
(c) Whenever litter discovered on public or private property is found to contain any article or articles, including, but not limited to, letters, bills, publications, or other writings that display the name of a person in such a manner as to indicate that the article belongs or belonged to that person, the trier of fact may, in its discretion and in consideration of the totality of the circumstances, infer that the person has committed littering.
Acts 2007, ch. 595, § 1.
Tenn. Code Ann. § 39-14-301 — TN Code / Title 39 / Chapter 14 / Section 39-14-301
Arson
Status: in_force

(a) A person commits an offense who knowingly damages any structure or farm equipment by means of a fire or explosion: (1) Without the consent of all persons who have a possessory, proprietary or security interest therein; or (2) With intent to destroy or damage any structure to collect insurance for the damage or destruction or for any unlawful purpose. (b) (1) Arson is a Class C felony. (2) Arson of a place of worship is a Class B felony. (c) As used in this section: (1) "Farm equipment" means any farm tractor as defined in § 55-1-104(a) , farm implement designed to be operated with a farm tractor, and motorized farm machinery used in the commercial production of farm products or nursery stock; and (2) "Place of worship" means any structure that is: (A) Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to § 67-5-212 , based on ownership and use of the structure by a religious institution; and (B) Utilized on a regular basis by such religious institution as the site of congregational services, rites, or activities communally undertaken for the purpose of worship. Amended by 2020 Tenn. Acts, ch. 810, s 2, eff. 10/1/2020. Amended by 2020 Tenn. Acts, ch. 810, s 1, eff. 10/1/2020. Acts 1989, ch. 591, § 1; 1991, ch. 19, § 1; 1997 , ch. 284, § 1.
(a) A person commits an offense who knowingly damages any structure or farm equipment by means of a fire or explosion: (1) Without the consent of all persons who have a possessory, proprietary or security interest therein; or (2) With intent to destroy or damage any structure to collect insurance for the damage or destruction or for any unlawful purpose.
(1) Without the consent of all persons who have a possessory, proprietary or security interest therein; or
(2) With intent to destroy or damage any structure to collect insurance for the damage or destruction or for any unlawful purpose.
(b) (1) Arson is a Class C felony. (2) Arson of a place of worship is a Class B felony.
(1) Arson is a Class C felony.
(2) Arson of a place of worship is a Class B felony.
(c) As used in this section: (1) "Farm equipment" means any farm tractor as defined in § 55-1-104(a) , farm implement designed to be operated with a farm tractor, and motorized farm machinery used in the commercial production of farm products or nursery stock; and (2) "Place of worship" means any structure that is: (A) Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to § 67-5-212 , based on ownership and use of the structure by a religious institution; and (B) Utilized on a regular basis by such religious institution as the site of congregational services, rites, or activities communally undertaken for the purpose of worship.
(1) "Farm equipment" means any farm tractor as defined in § 55-1-104(a) , farm implement designed to be operated with a farm tractor, and motorized farm machinery used in the commercial production of farm products or nursery stock; and
(2) "Place of worship" means any structure that is: (A) Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to § 67-5-212 , based on ownership and use of the structure by a religious institution; and (B) Utilized on a regular basis by such religious institution as the site of congregational services, rites, or activities communally undertaken for the purpose of worship.
(A) Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to § 67-5-212 , based on ownership and use of the structure by a religious institution; and
(B) Utilized on a regular basis by such religious institution as the site of congregational services, rites, or activities communally undertaken for the purpose of worship.
Amended by 2020 Tenn. Acts, ch. 810, s 2, eff. 10/1/2020.
Amended by 2020 Tenn. Acts, ch. 810, s 1, eff. 10/1/2020.
Acts 1989, ch. 591, § 1; 1991, ch. 19, § 1; 1997 , ch. 284, § 1.
Tenn. Code Ann. § 39-14-806 — TN Code / Title 39 / Chapter 14 / Section 39-14-806
Recovery of damages, fees, costs - Remedies - Injunctions
Status: in_force

(a) Any person who has been damaged by reason of a violation of this part may recover all actual and consequential damages, punitive damages, and court costs, including reasonable attorneys' fees, from the person causing the damage. (b) In addition to the remedies provided in this part or elsewhere in the laws of this state, and notwithstanding the existence of an adequate remedy at law, any person who has been damaged by reason of a violation of this part is authorized to apply to the chancery courts for an injunction or restraining order. The courts shall have jurisdiction, and for good cause shown, shall grant a temporary or permanent injunction or a temporary restraining order restraining or enjoining any person from violating or continuing to violate this part. The injunction or restraining order shall be issued without bond and may be granted, notwithstanding the fact that the violation constitutes a criminal act and notwithstanding the pendency of any criminal prosecution for the same violation. (c) Nothing in this part shall be construed to limit the exercise of any other rights arising out of or relating to a violation of this part. Acts 1992, ch. 782, § 7.
(a) Any person who has been damaged by reason of a violation of this part may recover all actual and consequential damages, punitive damages, and court costs, including reasonable attorneys' fees, from the person causing the damage.
(b) In addition to the remedies provided in this part or elsewhere in the laws of this state, and notwithstanding the existence of an adequate remedy at law, any person who has been damaged by reason of a violation of this part is authorized to apply to the chancery courts for an injunction or restraining order. The courts shall have jurisdiction, and for good cause shown, shall grant a temporary or permanent injunction or a temporary restraining order restraining or enjoining any person from violating or continuing to violate this part. The injunction or restraining order shall be issued without bond and may be granted, notwithstanding the fact that the violation constitutes a criminal act and notwithstanding the pendency of any criminal prosecution for the same violation.
(c) Nothing in this part shall be construed to limit the exercise of any other rights arising out of or relating to a violation of this part.
Acts 1992, ch. 782, § 7.
Tenn. Code Ann. § 39-17-602 — TN Code / Title 39 / Chapter 17 / Section 39-17-602
Sales to persons under 18 years of age
Status: in_force

(a) It is an offense for any person, including a state lottery retailer, to sell a state lottery ticket or share to any person under eighteen (18) years of age. (b) It is an offense for a state lottery retailer to allow a person under eighteen (18) years of age to purchase a state lottery ticket or share from an electronic or mechanical device. (c) It is an offense for a state lottery retailer to allow a person under eighteen (18) years of age to play any state lottery game. (d) It is an offense for a state lottery retailer to redeem a state lottery ticket or share for any person under eighteen (18) years of age. (e) A person's first violation of this section is a Class B misdemeanor. A person's second or subsequent violation of this section is a Class A misdemeanor. (f) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the state lottery retailer reasonably and in good faith relied upon a representation of proof of age in making, or allowing, the sale or redemption. Acts 2003, ch. 297, § 8.
(a) It is an offense for any person, including a state lottery retailer, to sell a state lottery ticket or share to any person under eighteen (18) years of age.
(b) It is an offense for a state lottery retailer to allow a person under eighteen (18) years of age to purchase a state lottery ticket or share from an electronic or mechanical device.
(c) It is an offense for a state lottery retailer to allow a person under eighteen (18) years of age to play any state lottery game.
(d) It is an offense for a state lottery retailer to redeem a state lottery ticket or share for any person under eighteen (18) years of age.
(e) A person's first violation of this section is a Class B misdemeanor. A person's second or subsequent violation of this section is a Class A misdemeanor.
(f) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the state lottery retailer reasonably and in good faith relied upon a representation of proof of age in making, or allowing, the sale or redemption.
Acts 2003, ch. 297, § 8.
Tenn. Code Ann. § 39-14-901 — TN Code / Title 39 / Chapter 14 / Section 39-14-901
Short title
Status: in_force

This part shall be known and may be cited as the "Money Laundering Act of 1996." Acts 1996, ch. 1012, § 9.
This part shall be known and may be cited as the "Money Laundering Act of 1996."
Acts 1996, ch. 1012, § 9.
Tenn. Code Ann. § 39-16-605 — TN Code / Title 39 / Chapter 16 / Section 39-16-605
Escape
Status: in_force

(a) It is an offense for any lawfully confined person arrested for, charged with, or found guilty of a civil or criminal offense to escape from a penal institution, as defined in § 39-16-601 . (b) (1) A person commits the offense of escape who is in the lawful custody of a law enforcement officer and knowingly escapes the officer's custody. (2) As used in subdivision (b)(1), "lawful custody" means a person has been taken, seized or detained by a law enforcement officer either by handcuffing, restraining or any other method by which a reasonable person would believe places the person in custody and that otherwise deprives the person's freedom of action in a significant way. (c) (1) A violation of subsection (a) is: (A) A Class A misdemeanor if the person was being held for a misdemeanor or civil offense; and (B) A Class E felony if the person was being held for a felony. (2) A violation of subsection (b) is a Class A misdemeanor. (d) Any sentence received for a violation of this section shall be ordered to be served consecutively to the sentence being served or sentence received for the charge for which the person was being held at the time of the escape. Acts 1989, ch. 591, § 1; 1990, ch. 980, § 15; 2007, ch. 46, §§ 1, 2; 2009, ch. 241, § 1.
(a) It is an offense for any lawfully confined person arrested for, charged with, or found guilty of a civil or criminal offense to escape from a penal institution, as defined in § 39-16-601 .
(b) (1) A person commits the offense of escape who is in the lawful custody of a law enforcement officer and knowingly escapes the officer's custody. (2) As used in subdivision (b)(1), "lawful custody" means a person has been taken, seized or detained by a law enforcement officer either by handcuffing, restraining or any other method by which a reasonable person would believe places the person in custody and that otherwise deprives the person's freedom of action in a significant way.
(1) A person commits the offense of escape who is in the lawful custody of a law enforcement officer and knowingly escapes the officer's custody.
(2) As used in subdivision (b)(1), "lawful custody" means a person has been taken, seized or detained by a law enforcement officer either by handcuffing, restraining or any other method by which a reasonable person would believe places the person in custody and that otherwise deprives the person's freedom of action in a significant way.
(c) (1) A violation of subsection (a) is: (A) A Class A misdemeanor if the person was being held for a misdemeanor or civil offense; and (B) A Class E felony if the person was being held for a felony. (2) A violation of subsection (b) is a Class A misdemeanor.
(1) A violation of subsection (a) is: (A) A Class A misdemeanor if the person was being held for a misdemeanor or civil offense; and (B) A Class E felony if the person was being held for a felony.
(A) A Class A misdemeanor if the person was being held for a misdemeanor or civil offense; and
(B) A Class E felony if the person was being held for a felony.
(2) A violation of subsection (b) is a Class A misdemeanor.
(d) Any sentence received for a violation of this section shall be ordered to be served consecutively to the sentence being served or sentence received for the charge for which the person was being held at the time of the escape.
Acts 1989, ch. 591, § 1; 1990, ch. 980, § 15; 2007, ch. 46, §§ 1, 2; 2009, ch. 241, § 1.
Tenn. Code Ann. § 39-13-304 — TN Code / Title 39 / Chapter 13 / Section 39-13-304
Aggravated kidnapping
Status: in_force

(a) Aggravated kidnapping is false imprisonment, as defined in § 39-13-302 , committed: (1) To facilitate the commission of any felony or flight thereafter; (2) To interfere with the performance of any governmental or political function; (3) With the intent to inflict serious bodily injury on or to terrorize the victim or another; (4) Where the victim suffers bodily injury; or (5) While the defendant is in possession of a deadly weapon or threatens the use of a deadly weapon. (b) (1) Aggravated kidnapping is a Class B felony. (2) If the offender voluntarily releases the victim alive or voluntarily provides information leading to the victim's safe release, such actions shall be considered by the court as a mitigating factor at the time of sentencing. Acts 1989, ch. 591, § 1; T.C.A., § 39-13-301 ; Acts 1990, ch. 982, § 1.
(a) Aggravated kidnapping is false imprisonment, as defined in § 39-13-302 , committed: (1) To facilitate the commission of any felony or flight thereafter; (2) To interfere with the performance of any governmental or political function; (3) With the intent to inflict serious bodily injury on or to terrorize the victim or another; (4) Where the victim suffers bodily injury; or (5) While the defendant is in possession of a deadly weapon or threatens the use of a deadly weapon.
(1) To facilitate the commission of any felony or flight thereafter;
(2) To interfere with the performance of any governmental or political function;
(3) With the intent to inflict serious bodily injury on or to terrorize the victim or another;
(4) Where the victim suffers bodily injury; or
(5) While the defendant is in possession of a deadly weapon or threatens the use of a deadly weapon.
(b) (1) Aggravated kidnapping is a Class B felony. (2) If the offender voluntarily releases the victim alive or voluntarily provides information leading to the victim's safe release, such actions shall be considered by the court as a mitigating factor at the time of sentencing.
(1) Aggravated kidnapping is a Class B felony.
(2) If the offender voluntarily releases the victim alive or voluntarily provides information leading to the victim's safe release, such actions shall be considered by the court as a mitigating factor at the time of sentencing.
Acts 1989, ch. 591, § 1; T.C.A., § 39-13-301 ; Acts 1990, ch. 982, § 1.
Tenn. Code Ann. § 39-14-129 — TN Code / Title 39 / Chapter 14 / Section 39-14-129
Mail theft
Status: in_force

(a) As used in this section: (1) "Addressee" means the person to whom a piece of mail is addressed; (2) "Curtilage" has the same meaning as defined in § 39-11-611 ; and (3) "Mail" means a letter, postal card, package, bag, or other sealed article that: (A) Is delivered by a common carrier or delivery service and not yet received by the addressee; or (B) Has been left to be collected for delivery by a common carrier or delivery service. (b) It is an offense to take mail from a residential mailbox or from the curtilage of a dwelling without the consent of the addressee and with the intent to deprive the addressee of the mail. (c) (1) A first offense of mail theft is punished as theft under § 39-14-105 , after determining value under § 39-11-106 . (2) A second or subsequent offense of mail theft is punished as theft under § 39-14-105 , after determining value under § 39-11-106 . However, in no event shall punishment for a second or subsequent offense of mail theft be less than a Class E felony. Added by 2021 Tenn. Acts, ch. 364, s 1, eff. 7/1/2021.
(a) As used in this section: (1) "Addressee" means the person to whom a piece of mail is addressed; (2) "Curtilage" has the same meaning as defined in § 39-11-611 ; and (3) "Mail" means a letter, postal card, package, bag, or other sealed article that: (A) Is delivered by a common carrier or delivery service and not yet received by the addressee; or (B) Has been left to be collected for delivery by a common carrier or delivery service.
(1) "Addressee" means the person to whom a piece of mail is addressed;
(2) "Curtilage" has the same meaning as defined in § 39-11-611 ; and
(3) "Mail" means a letter, postal card, package, bag, or other sealed article that: (A) Is delivered by a common carrier or delivery service and not yet received by the addressee; or (B) Has been left to be collected for delivery by a common carrier or delivery service.
(A) Is delivered by a common carrier or delivery service and not yet received by the addressee; or
(B) Has been left to be collected for delivery by a common carrier or delivery service.
(b) It is an offense to take mail from a residential mailbox or from the curtilage of a dwelling without the consent of the addressee and with the intent to deprive the addressee of the mail.
(c) (1) A first offense of mail theft is punished as theft under § 39-14-105 , after determining value under § 39-11-106 . (2) A second or subsequent offense of mail theft is punished as theft under § 39-14-105 , after determining value under § 39-11-106 . However, in no event shall punishment for a second or subsequent offense of mail theft be less than a Class E felony.
(1) A first offense of mail theft is punished as theft under § 39-14-105 , after determining value under § 39-11-106 .
(2) A second or subsequent offense of mail theft is punished as theft under § 39-14-105 , after determining value under § 39-11-106 . However, in no event shall punishment for a second or subsequent offense of mail theft be less than a Class E felony.
Added by 2021 Tenn. Acts, ch. 364, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 39-14-209 — TN Code / Title 39 / Chapter 14 / Section 39-14-209
Horse shows
Status: in_force

(a) It is the duty of any person designated and acting as a ringmaster of any horse show or similar event to disqualify any horse determined by the ringmaster to be suffering from the causes set out in § 39-14-202(a)(5) from further participation in the show, and to make a report of the same, including the name of the horse, the owner of the horse, and the exhibitor of the horse, to the manager or chair of the show, who in turn shall report the same in writing to the district attorney general of the judicial district wherein the incident occurred for appropriate action. (b) A violation of this duty is a Class C misdemeanor. Acts 1989, ch. 591, § 1.
(a) It is the duty of any person designated and acting as a ringmaster of any horse show or similar event to disqualify any horse determined by the ringmaster to be suffering from the causes set out in § 39-14-202(a)(5) from further participation in the show, and to make a report of the same, including the name of the horse, the owner of the horse, and the exhibitor of the horse, to the manager or chair of the show, who in turn shall report the same in writing to the district attorney general of the judicial district wherein the incident occurred for appropriate action.
(b) A violation of this duty is a Class C misdemeanor.
Acts 1989, ch. 591, § 1.