Tenn. Code Ann. § 39-15-219 — TN Code / Title 39 / Chapter 15 / Section 39-15-219
Final disposition of fetal remains from surgical abortion - Pregnant woman's right to determine
Status: in_force

(a) As used in this section: (1) "Abortion facility": (A) Means any of the following in which abortions are induced or performed: (i) An ambulatory surgical treatment center, as defined in § 68-11-201 ; (ii) A private office; and (iii) Another facility, as defined in § 68-11-201 , in which abortion is legally provided; and (B) Does not include a hospital, as defined in § 68-11-201 , that is licensed pursuant to title 68, as long as the hospital acts pursuant to hospital policies or regulations concerning the disposal of fetal remains that substantially comply with the requirements of this section; (2) "Cremation" means the heating process by which a human body or body parts are reduced to bone fragments through combustion and evaporation; (3) "Crematory" has the same meaning as defined in § 62-5-101 ; (4) "Fetal remains" means an aborted fetus or fetal tissue that results from an abortion of an unborn child; (5) "Interment" means the burial or entombment of fetal remains; and (6) [Deleted by 2023 amendment.] (7) "Unborn child" means an individual living member of the species, homo sapiens, throughout the entire embryonic and fetal stages of the unborn child from fertilization to full gestation and childbirth. (b) (1) A person shall not make a final disposition of fetal remains from a surgical abortion that occurs at an abortion facility except by cremation or interment. (2) The cremation of fetal remains under subdivision (b)(1) must be in a licensed crematory facility. (c) (1) A pregnant woman who has a surgical abortion has the right to determine the following regarding the fetal remains: (A) Whether the final disposition is by cremation or interment; and (B) The location for the final disposition. (2) A pregnant woman who has a surgical abortion must be provided with a notification form described in subdivision (m)(1)(A). (d) (1) If a pregnant woman desires to exercise the right described in subdivision (c)(1), then the woman must make the determination in writing using a form prescribed by the department of health under subdivision (m)(1)(C). The determination must clearly indicate the following: (A) Whether the final disposition will be by cremation or interment; and (B) Whether the final disposition will be at a location other than the location provided by the abortion facility. (2) If a pregnant woman does not desire to exercise the right described in subdivision (c)(1), then the abortion facility shall determine whether final disposition is by cremation or interment. (3) (A) A pregnant woman who is under eighteen (18) years of age, unmarried, and unemancipated shall obtain parental consent from one (1) of the pregnant woman's parents, guardian, or custodian for the final disposition determination the woman makes under subdivision (d)(1). The consent must be made in writing using a form prescribed by the department of health under subdivision (m)(1)(B). (B) The consent under subdivision (d)(3)(A) is not required for a pregnant woman exercising her rights under subdivision (c)(1) if an order authorizing the minor to consent, or the court to consent on behalf of the minor, to the abortion is issued by a court of competent jurisdiction. (e) (1) A pregnant woman who is carrying more than one (1) unborn child and who desires to exercise the right described in subdivision (c)(1), shall complete one (1) form under subdivision (d)(1) for each unborn child that will be aborted. (2) A pregnant woman who obtains parental consent under subdivision (d)(3)(A) shall use one (1) consent form for each unborn child that will be aborted. (f) A form used under subsection (d) that covers more than one (1) unborn child that will be aborted is invalid. (g) If a pregnant woman desires to exercise the right described in subdivision (c)(1), then an abortion facility shall not release fetal remains from a surgical abortion, or arrange for the cremation or interment of the fetal remains, until the facility obtains a final disposition determination made, and if applicable, the consent made, under subsection (d) or subdivision (e)(1). (h) (1) Except as provided in subdivision (h)(2), an abortion facility shall pay for and provide for the cremation or interment of the fetal remains from a surgical abortion performed at that facility. (2) If the disposition determination made under subsection (d) or subdivision (e)(1) identifies a location for final disposition other than a location provided by the abortion facility, then the pregnant woman is responsible for the costs related to the final disposition of the fetal remains at the chosen location. (i) An abortion facility shall document in the pregnant woman's medical record the final disposition determination made, and if applicable, the consent made, under subsection (d) or subdivision (e)(1). (j) An abortion facility shall maintain evidentiary documentation demonstrating the date and method of the disposition of fetal remains from surgical abortions performed or induced in the facility. (k) An abortion facility shall have written policies and procedures regarding cremation or interment of fetal remains from surgical abortions performed or induced in the facility. (l) An abortion facility shall develop and maintain a written list of locations at which the facility provides or arranges for the final disposition of fetal remains from surgical abortions. (m) (1) The commissioner of health shall develop the following forms or modify existing forms to provide the following: (A) The notification form informing pregnant women who seek surgical abortions of the following: (i) The right to determine final disposition of fetal remains under subdivision (c)(1); and (ii) The available options for locations and methods for the disposition of fetal remains; (B) The consent forms for purposes of subsection (d) and subdivision (e)(1); (C) A form that meets the following requirements: (i) Indicates whether the pregnant woman has indicated a preference as to the method of disposition of the fetal remains and the preferred method selected; (ii) Indicates whether the pregnant woman has indicated a preference as to the location of disposition of the fetal remains; (iii) Provides for the signature of the physician who is to perform or induce the abortion; and (iv) Provides for a medical identification number for the pregnant woman but does not provide for the pregnant woman's printed name or signature; and (D) Other forms that the commissioner determines to be necessary to ensure that the fetal remains of each unborn child are properly accounted for during transportation and delivery by and to persons and entities involved in the disposition of the fetal remains. (2) The commissioner of health shall promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as necessary to effectuate the purposes of this section. (3) The commissioner of health may consider the following when promulgating rules to effectuate the purposes of this section: (A) The need to clearly state in rules that the only legal methods of disposition of fetal remains are by burial or cremation, and that fetal remains cannot be disposed of as infectious waste; (B) Appropriate time limitations within which abortion providers and facilities must satisfy the requirements of this section; and (C) The need to establish procedures for the pregnant woman or the pregnant woman's authorized representative to complete the forms described in subdivision (m)(1), within a reasonable time following a medical emergency, in situations where a medical emergency prevents the pregnant woman from completing the forms. (n) A person who buries or cremates fetal remains from a surgical abortion is not liable for or subject to damages in a civil action, prosecution in a criminal proceeding, or professional disciplinary action related to the disposal of fetal remains, if that person does the following: (1) Complies in good faith with this section and, if applicable, § 62-5-502 ; (2) Receives a copy of a properly executed form described in subdivision (m)(1)(C); and (3) Acts in furtherance of the final disposition of the fetal remains. (o) A conflicting law of this state or conflicting rule of an agency or board does not apply to a person who buries or cremates fetal remains in accordance with subsection (n). (p) A pregnant woman who has a surgical abortion, the fetal remains from which are not disposed of in compliance with this chapter, is not guilty of committing, attempting to commit, complicity in the commission of, or conspiracy in the commission of a violation of subsection (q). (q) A violation of subsection (b), (g), (i), or (j) is a Class A misdemeanor. (r) (1) An abortion facility does not violate this section if, upon the request of a law enforcement officer made prior to final disposition of fetal remains, the abortion facility retains the fetal remains and permits the law enforcement officer to collect a portion or all of the fetal remains as evidence in a criminal investigation, as long as the abortion facility subsequently makes final disposition of any remaining fetal remains in accordance with this section. (2) An abortion facility that retains fetal remains pursuant to this subsection (r): (A) Shall retain all of the fetal remains of the unborn child that may remain following the collection of evidence by the law enforcement officer; and (B) Except for those portions of the fetal remains collected as evidence by the law enforcement officer, shall not dispose of any portion of the fetal remains of that unborn child independently of other fetal remains of the same unborn child. (3) A law enforcement officer that obtains fetal remains pursuant to this subsection (r), shall provide to the abortion facility documentation describing the fetal remains collected as evidence, and the abortion facility shall retain that documentation with the other documentation the abortion facility is required to retain under this section. (s) (1) A completed form described in subdivision (m)(1) is confidential and is not a public record open for inspection. (2) The physician that performs the abortion shall retain completed forms described in subdivision (m)(1) in the pregnant woman's medical record as a record of the disposition of the fetal remains and shall report the disposition of the fetal remains to the commissioner of health, as required under § 39-15-203 . Amended by 2023 Tenn. Acts, ch. 313, s 5, eff. 4/28/2023. Added by 2021 Tenn. Acts, ch. 348, s 1, eff. 5/6/2021.
(a) As used in this section: (1) "Abortion facility": (A) Means any of the following in which abortions are induced or performed: (i) An ambulatory surgical treatment center, as defined in § 68-11-201 ; (ii) A private office; and (iii) Another facility, as defined in § 68-11-201 , in which abortion is legally provided; and (B) Does not include a hospital, as defined in § 68-11-201 , that is licensed pursuant to title 68, as long as the hospital acts pursuant to hospital policies or regulations concerning the disposal of fetal remains that substantially comply with the requirements of this section; (2) "Cremation" means the heating process by which a human body or body parts are reduced to bone fragments through combustion and evaporation; (3) "Crematory" has the same meaning as defined in § 62-5-101 ; (4) "Fetal remains" means an aborted fetus or fetal tissue that results from an abortion of an unborn child; (5) "Interment" means the burial or entombment of fetal remains; and (6) [Deleted by 2023 amendment.] (7) "Unborn child" means an individual living member of the species, homo sapiens, throughout the entire embryonic and fetal stages of the unborn child from fertilization to full gestation and childbirth.
(1) "Abortion facility": (A) Means any of the following in which abortions are induced or performed: (i) An ambulatory surgical treatment center, as defined in § 68-11-201 ; (ii) A private office; and (iii) Another facility, as defined in § 68-11-201 , in which abortion is legally provided; and (B) Does not include a hospital, as defined in § 68-11-201 , that is licensed pursuant to title 68, as long as the hospital acts pursuant to hospital policies or regulations concerning the disposal of fetal remains that substantially comply with the requirements of this section;
(A) Means any of the following in which abortions are induced or performed: (i) An ambulatory surgical treatment center, as defined in § 68-11-201 ; (ii) A private office; and (iii) Another facility, as defined in § 68-11-201 , in which abortion is legally provided; and
(i) An ambulatory surgical treatment center, as defined in § 68-11-201 ;
(ii) A private office; and
(iii) Another facility, as defined in § 68-11-201 , in which abortion is legally provided; and
(B) Does not include a hospital, as defined in § 68-11-201 , that is licensed pursuant to title 68, as long as the hospital acts pursuant to hospital policies or regulations concerning the disposal of fetal remains that substantially comply with the requirements of this section;
(2) "Cremation" means the heating process by which a human body or body parts are reduced to bone fragments through combustion and evaporation;
(3) "Crematory" has the same meaning as defined in § 62-5-101 ;
(4) "Fetal remains" means an aborted fetus or fetal tissue that results from an abortion of an unborn child;
(5) "Interment" means the burial or entombment of fetal remains; and
(6) [Deleted by 2023 amendment.]
(7) "Unborn child" means an individual living member of the species, homo sapiens, throughout the entire embryonic and fetal stages of the unborn child from fertilization to full gestation and childbirth.
(b) (1) A person shall not make a final disposition of fetal remains from a surgical abortion that occurs at an abortion facility except by cremation or interment. (2) The cremation of fetal remains under subdivision (b)(1) must be in a licensed crematory facility.
(1) A person shall not make a final disposition of fetal remains from a surgical abortion that occurs at an abortion facility except by cremation or interment.
(2) The cremation of fetal remains under subdivision (b)(1) must be in a licensed crematory facility.
(c) (1) A pregnant woman who has a surgical abortion has the right to determine the following regarding the fetal remains: (A) Whether the final disposition is by cremation or interment; and (B) The location for the final disposition. (2) A pregnant woman who has a surgical abortion must be provided with a notification form described in subdivision (m)(1)(A).
(1) A pregnant woman who has a surgical abortion has the right to determine the following regarding the fetal remains: (A) Whether the final disposition is by cremation or interment; and (B) The location for the final disposition.
(A) Whether the final disposition is by cremation or interment; and
(B) The location for the final disposition.
(2) A pregnant woman who has a surgical abortion must be provided with a notification form described in subdivision (m)(1)(A).
(d) (1) If a pregnant woman desires to exercise the right described in subdivision (c)(1), then the woman must make the determination in writing using a form prescribed by the department of health under subdivision (m)(1)(C). The determination must clearly indicate the following: (A) Whether the final disposition will be by cremation or interment; and (B) Whether the final disposition will be at a location other than the location provided by the abortion facility. (2) If a pregnant woman does not desire to exercise the right described in subdivision (c)(1), then the abortion facility shall determine whether final disposition is by cremation or interment. (3) (A) A pregnant woman who is under eighteen (18) years of age, unmarried, and unemancipated shall obtain parental consent from one (1) of the pregnant woman's parents, guardian, or custodian for the final disposition determination the woman makes under subdivision (d)(1). The consent must be made in writing using a form prescribed by the department of health under subdivision (m)(1)(B). (B) The consent under subdivision (d)(3)(A) is not required for a pregnant woman exercising her rights under subdivision (c)(1) if an order authorizing the minor to consent, or the court to consent on behalf of the minor, to the abortion is issued by a court of competent jurisdiction.
(1) If a pregnant woman desires to exercise the right described in subdivision (c)(1), then the woman must make the determination in writing using a form prescribed by the department of health under subdivision (m)(1)(C). The determination must clearly indicate the following: (A) Whether the final disposition will be by cremation or interment; and (B) Whether the final disposition will be at a location other than the location provided by the abortion facility.
(A) Whether the final disposition will be by cremation or interment; and
(B) Whether the final disposition will be at a location other than the location provided by the abortion facility.
(2) If a pregnant woman does not desire to exercise the right described in subdivision (c)(1), then the abortion facility shall determine whether final disposition is by cremation or interment.
(3) (A) A pregnant woman who is under eighteen (18) years of age, unmarried, and unemancipated shall obtain parental consent from one (1) of the pregnant woman's parents, guardian, or custodian for the final disposition determination the woman makes under subdivision (d)(1). The consent must be made in writing using a form prescribed by the department of health under subdivision (m)(1)(B). (B) The consent under subdivision (d)(3)(A) is not required for a pregnant woman exercising her rights under subdivision (c)(1) if an order authorizing the minor to consent, or the court to consent on behalf of the minor, to the abortion is issued by a court of competent jurisdiction.
(A) A pregnant woman who is under eighteen (18) years of age, unmarried, and unemancipated shall obtain parental consent from one (1) of the pregnant woman's parents, guardian, or custodian for the final disposition determination the woman makes under subdivision (d)(1). The consent must be made in writing using a form prescribed by the department of health under subdivision (m)(1)(B).
(B) The consent under subdivision (d)(3)(A) is not required for a pregnant woman exercising her rights under subdivision (c)(1) if an order authorizing the minor to consent, or the court to consent on behalf of the minor, to the abortion is issued by a court of competent jurisdiction.
(e) (1) A pregnant woman who is carrying more than one (1) unborn child and who desires to exercise the right described in subdivision (c)(1), shall complete one (1) form under subdivision (d)(1) for each unborn child that will be aborted. (2) A pregnant woman who obtains parental consent under subdivision (d)(3)(A) shall use one (1) consent form for each unborn child that will be aborted.
(1) A pregnant woman who is carrying more than one (1) unborn child and who desires to exercise the right described in subdivision (c)(1), shall complete one (1) form under subdivision (d)(1) for each unborn child that will be aborted.
(2) A pregnant woman who obtains parental consent under subdivision (d)(3)(A) shall use one (1) consent form for each unborn child that will be aborted.
(f) A form used under subsection (d) that covers more than one (1) unborn child that will be aborted is invalid.
(g) If a pregnant woman desires to exercise the right described in subdivision (c)(1), then an abortion facility shall not release fetal remains from a surgical abortion, or arrange for the cremation or interment of the fetal remains, until the facility obtains a final disposition determination made, and if applicable, the consent made, under subsection (d) or subdivision (e)(1).
(h) (1) Except as provided in subdivision (h)(2), an abortion facility shall pay for and provide for the cremation or interment of the fetal remains from a surgical abortion performed at that facility. (2) If the disposition determination made under subsection (d) or subdivision (e)(1) identifies a location for final disposition other than a location provided by the abortion facility, then the pregnant woman is responsible for the costs related to the final disposition of the fetal remains at the chosen location.
(1) Except as provided in subdivision (h)(2), an abortion facility shall pay for and provide for the cremation or interment of the fetal remains from a surgical abortion performed at that facility.
(2) If the disposition determination made under subsection (d) or subdivision (e)(1) identifies a location for final disposition other than a location provided by the abortion facility, then the pregnant woman is responsible for the costs related to the final disposition of the fetal remains at the chosen location.
(i) An abortion facility shall document in the pregnant woman's medical record the final disposition determination made, and if applicable, the consent made, under subsection (d) or subdivision (e)(1).
(j) An abortion facility shall maintain evidentiary documentation demonstrating the date and method of the disposition of fetal remains from surgical abortions performed or induced in the facility.
(k) An abortion facility shall have written policies and procedures regarding cremation or interment of fetal remains from surgical abortions performed or induced in the facility.
(l) An abortion facility shall develop and maintain a written list of locations at which the facility provides or arranges for the final disposition of fetal remains from surgical abortions.
(m) (1) The commissioner of health shall develop the following forms or modify existing forms to provide the following: (A) The notification form informing pregnant women who seek surgical abortions of the following: (i) The right to determine final disposition of fetal remains under subdivision (c)(1); and (ii) The available options for locations and methods for the disposition of fetal remains; (B) The consent forms for purposes of subsection (d) and subdivision (e)(1); (C) A form that meets the following requirements: (i) Indicates whether the pregnant woman has indicated a preference as to the method of disposition of the fetal remains and the preferred method selected; (ii) Indicates whether the pregnant woman has indicated a preference as to the location of disposition of the fetal remains; (iii) Provides for the signature of the physician who is to perform or induce the abortion; and (iv) Provides for a medical identification number for the pregnant woman but does not provide for the pregnant woman's printed name or signature; and (D) Other forms that the commissioner determines to be necessary to ensure that the fetal remains of each unborn child are properly accounted for during transportation and delivery by and to persons and entities involved in the disposition of the fetal remains. (2) The commissioner of health shall promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as necessary to effectuate the purposes of this section. (3) The commissioner of health may consider the following when promulgating rules to effectuate the purposes of this section: (A) The need to clearly state in rules that the only legal methods of disposition of fetal remains are by burial or cremation, and that fetal remains cannot be disposed of as infectious waste; (B) Appropriate time limitations within which abortion providers and facilities must satisfy the requirements of this section; and (C) The need to establish procedures for the pregnant woman or the pregnant woman's authorized representative to complete the forms described in subdivision (m)(1), within a reasonable time following a medical emergency, in situations where a medical emergency prevents the pregnant woman from completing the forms.
(1) The commissioner of health shall develop the following forms or modify existing forms to provide the following: (A) The notification form informing pregnant women who seek surgical abortions of the following: (i) The right to determine final disposition of fetal remains under subdivision (c)(1); and (ii) The available options for locations and methods for the disposition of fetal remains; (B) The consent forms for purposes of subsection (d) and subdivision (e)(1); (C) A form that meets the following requirements: (i) Indicates whether the pregnant woman has indicated a preference as to the method of disposition of the fetal remains and the preferred method selected; (ii) Indicates whether the pregnant woman has indicated a preference as to the location of disposition of the fetal remains; (iii) Provides for the signature of the physician who is to perform or induce the abortion; and (iv) Provides for a medical identification number for the pregnant woman but does not provide for the pregnant woman's printed name or signature; and (D) Other forms that the commissioner determines to be necessary to ensure that the fetal remains of each unborn child are properly accounted for during transportation and delivery by and to persons and entities involved in the disposition of the fetal remains.
(A) The notification form informing pregnant women who seek surgical abortions of the following: (i) The right to determine final disposition of fetal remains under subdivision (c)(1); and (ii) The available options for locations and methods for the disposition of fetal remains;
(i) The right to determine final disposition of fetal remains under subdivision (c)(1); and
(ii) The available options for locations and methods for the disposition of fetal remains;
(B) The consent forms for purposes of subsection (d) and subdivision (e)(1);
(C) A form that meets the following requirements: (i) Indicates whether the pregnant woman has indicated a preference as to the method of disposition of the fetal remains and the preferred method selected; (ii) Indicates whether the pregnant woman has indicated a preference as to the location of disposition of the fetal remains; (iii) Provides for the signature of the physician who is to perform or induce the abortion; and (iv) Provides for a medical identification number for the pregnant woman but does not provide for the pregnant woman's printed name or signature; and
(i) Indicates whether the pregnant woman has indicated a preference as to the method of disposition of the fetal remains and the preferred method selected;
(ii) Indicates whether the pregnant woman has indicated a preference as to the location of disposition of the fetal remains;
(iii) Provides for the signature of the physician who is to perform or induce the abortion; and
(iv) Provides for a medical identification number for the pregnant woman but does not provide for the pregnant woman's printed name or signature; and
(D) Other forms that the commissioner determines to be necessary to ensure that the fetal remains of each unborn child are properly accounted for during transportation and delivery by and to persons and entities involved in the disposition of the fetal remains.
(2) The commissioner of health shall promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as necessary to effectuate the purposes of this section.
(3) The commissioner of health may consider the following when promulgating rules to effectuate the purposes of this section: (A) The need to clearly state in rules that the only legal methods of disposition of fetal remains are by burial or cremation, and that fetal remains cannot be disposed of as infectious waste; (B) Appropriate time limitations within which abortion providers and facilities must satisfy the requirements of this section; and (C) The need to establish procedures for the pregnant woman or the pregnant woman's authorized representative to complete the forms described in subdivision (m)(1), within a reasonable time following a medical emergency, in situations where a medical emergency prevents the pregnant woman from completing the forms.
(A) The need to clearly state in rules that the only legal methods of disposition of fetal remains are by burial or cremation, and that fetal remains cannot be disposed of as infectious waste;
(B) Appropriate time limitations within which abortion providers and facilities must satisfy the requirements of this section; and
(C) The need to establish procedures for the pregnant woman or the pregnant woman's authorized representative to complete the forms described in subdivision (m)(1), within a reasonable time following a medical emergency, in situations where a medical emergency prevents the pregnant woman from completing the forms.
(n) A person who buries or cremates fetal remains from a surgical abortion is not liable for or subject to damages in a civil action, prosecution in a criminal proceeding, or professional disciplinary action related to the disposal of fetal remains, if that person does the following: (1) Complies in good faith with this section and, if applicable, § 62-5-502 ; (2) Receives a copy of a properly executed form described in subdivision (m)(1)(C); and (3) Acts in furtherance of the final disposition of the fetal remains.
(1) Complies in good faith with this section and, if applicable, § 62-5-502 ;
(2) Receives a copy of a properly executed form described in subdivision (m)(1)(C); and
(3) Acts in furtherance of the final disposition of the fetal remains.
(o) A conflicting law of this state or conflicting rule of an agency or board does not apply to a person who buries or cremates fetal remains in accordance with subsection (n).
(p) A pregnant woman who has a surgical abortion, the fetal remains from which are not disposed of in compliance with this chapter, is not guilty of committing, attempting to commit, complicity in the commission of, or conspiracy in the commission of a violation of subsection (q).
(q) A violation of subsection (b), (g), (i), or (j) is a Class A misdemeanor.
(r) (1) An abortion facility does not violate this section if, upon the request of a law enforcement officer made prior to final disposition of fetal remains, the abortion facility retains the fetal remains and permits the law enforcement officer to collect a portion or all of the fetal remains as evidence in a criminal investigation, as long as the abortion facility subsequently makes final disposition of any remaining fetal remains in accordance with this section. (2) An abortion facility that retains fetal remains pursuant to this subsection (r): (A) Shall retain all of the fetal remains of the unborn child that may remain following the collection of evidence by the law enforcement officer; and (B) Except for those portions of the fetal remains collected as evidence by the law enforcement officer, shall not dispose of any portion of the fetal remains of that unborn child independently of other fetal remains of the same unborn child. (3) A law enforcement officer that obtains fetal remains pursuant to this subsection (r), shall provide to the abortion facility documentation describing the fetal remains collected as evidence, and the abortion facility shall retain that documentation with the other documentation the abortion facility is required to retain under this section.
(1) An abortion facility does not violate this section if, upon the request of a law enforcement officer made prior to final disposition of fetal remains, the abortion facility retains the fetal remains and permits the law enforcement officer to collect a portion or all of the fetal remains as evidence in a criminal investigation, as long as the abortion facility subsequently makes final disposition of any remaining fetal remains in accordance with this section.
(2) An abortion facility that retains fetal remains pursuant to this subsection (r): (A) Shall retain all of the fetal remains of the unborn child that may remain following the collection of evidence by the law enforcement officer; and (B) Except for those portions of the fetal remains collected as evidence by the law enforcement officer, shall not dispose of any portion of the fetal remains of that unborn child independently of other fetal remains of the same unborn child.
(A) Shall retain all of the fetal remains of the unborn child that may remain following the collection of evidence by the law enforcement officer; and
(B) Except for those portions of the fetal remains collected as evidence by the law enforcement officer, shall not dispose of any portion of the fetal remains of that unborn child independently of other fetal remains of the same unborn child.
(3) A law enforcement officer that obtains fetal remains pursuant to this subsection (r), shall provide to the abortion facility documentation describing the fetal remains collected as evidence, and the abortion facility shall retain that documentation with the other documentation the abortion facility is required to retain under this section.
(s) (1) A completed form described in subdivision (m)(1) is confidential and is not a public record open for inspection. (2) The physician that performs the abortion shall retain completed forms described in subdivision (m)(1) in the pregnant woman's medical record as a record of the disposition of the fetal remains and shall report the disposition of the fetal remains to the commissioner of health, as required under § 39-15-203 .
(1) A completed form described in subdivision (m)(1) is confidential and is not a public record open for inspection.
(2) The physician that performs the abortion shall retain completed forms described in subdivision (m)(1) in the pregnant woman's medical record as a record of the disposition of the fetal remains and shall report the disposition of the fetal remains to the commissioner of health, as required under § 39-15-203 .
Amended by 2023 Tenn. Acts, ch. 313, s 5, eff. 4/28/2023.
Added by 2021 Tenn. Acts, ch. 348, s 1, eff. 5/6/2021.
Tenn. Code Ann. § 39-13-216 — TN Code / Title 39 / Chapter 13 / Section 39-13-216
Assisted suicide
Status: in_force

(a) A person commits the offense of assisted suicide who: (1) Intentionally provides another person with the means by which such person directly and intentionally brings about such person's own death; or (2) Intentionally participates in a physical act by which another person directly and intentionally brings about such person's own death; and (3) Provides the means or participates in the physical act with: (A) Actual knowledge that the other person intends to bring about such person's own death; and (B) The clear intent that the other person bring about such person's own death. (b) It is not an offense under this section to: (1) Withhold or withdraw medical care as defined by § 32-11-103 ; (2) Prescribe, dispense, or administer medications or perform medical procedures calculated or intended to relieve another person's pain or discomfort but not calculated or intended to cause death, even if the medications or medical procedures may hasten or increase the risk of death; or (3) Fail to prevent another from bringing about that person's own death. (c) This section shall not in any way affect, impair, impede, or otherwise limit or render invalid the rights, privileges, and policies set forth in the Tennessee Right to Natural Death Act, compiled in title 32, chapter 11; the provisions for the durable power of attorney for health care, compiled in title 34, chapter 6, part 2; or the do not resuscitate (DNR) regulations of the Tennessee board for licensing health care facilities issued pursuant to § 68-11-224 . (d) A cause of action for injunctive relief may be maintained against any person who is reasonably believed about to violate or who is in the course of violating subsection (a), by any person who is: (1) The spouse, parent, child, or sibling of the person who would bring about such person's own death; (2) Entitled to inherit from the person who would bring about such person's own death; (3) A health care provider or former health care provider of the person who would bring about such person's own death; or (4) A public official with appropriate jurisdiction to prosecute or enforce the laws of this state. (e) A cause of action for civil damages against any person who violates or attempts to violate subsection (a) may be maintained by any person given standing by subsection (d) for compensatory damages and exemplary damages, whether or not the plaintiff consented to or had prior knowledge of the violation or attempt. Any compensatory damages awarded shall be paid as provided by law, but exemplary damages shall be paid over to the department of revenue for deposit in the criminal injuries compensation fund, pursuant to § 40-24-107 . (f) Reasonable attorney's fees shall be awarded to the prevailing plaintiff in a civil action brought pursuant to this section. If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous or brought in bad faith, the court shall award reasonable attorney's fees to the defendant. (g) Assisted suicide is a Class D felony. Acts 1993, ch. 405, §§ 2, 3.
(a) A person commits the offense of assisted suicide who: (1) Intentionally provides another person with the means by which such person directly and intentionally brings about such person's own death; or (2) Intentionally participates in a physical act by which another person directly and intentionally brings about such person's own death; and (3) Provides the means or participates in the physical act with: (A) Actual knowledge that the other person intends to bring about such person's own death; and (B) The clear intent that the other person bring about such person's own death.
(1) Intentionally provides another person with the means by which such person directly and intentionally brings about such person's own death; or
(2) Intentionally participates in a physical act by which another person directly and intentionally brings about such person's own death; and
(3) Provides the means or participates in the physical act with: (A) Actual knowledge that the other person intends to bring about such person's own death; and (B) The clear intent that the other person bring about such person's own death.
(A) Actual knowledge that the other person intends to bring about such person's own death; and
(B) The clear intent that the other person bring about such person's own death.
(b) It is not an offense under this section to: (1) Withhold or withdraw medical care as defined by § 32-11-103 ; (2) Prescribe, dispense, or administer medications or perform medical procedures calculated or intended to relieve another person's pain or discomfort but not calculated or intended to cause death, even if the medications or medical procedures may hasten or increase the risk of death; or (3) Fail to prevent another from bringing about that person's own death.
(1) Withhold or withdraw medical care as defined by § 32-11-103 ;
(2) Prescribe, dispense, or administer medications or perform medical procedures calculated or intended to relieve another person's pain or discomfort but not calculated or intended to cause death, even if the medications or medical procedures may hasten or increase the risk of death; or
(3) Fail to prevent another from bringing about that person's own death.
(c) This section shall not in any way affect, impair, impede, or otherwise limit or render invalid the rights, privileges, and policies set forth in the Tennessee Right to Natural Death Act, compiled in title 32, chapter 11; the provisions for the durable power of attorney for health care, compiled in title 34, chapter 6, part 2; or the do not resuscitate (DNR) regulations of the Tennessee board for licensing health care facilities issued pursuant to § 68-11-224 .
(d) A cause of action for injunctive relief may be maintained against any person who is reasonably believed about to violate or who is in the course of violating subsection (a), by any person who is: (1) The spouse, parent, child, or sibling of the person who would bring about such person's own death; (2) Entitled to inherit from the person who would bring about such person's own death; (3) A health care provider or former health care provider of the person who would bring about such person's own death; or (4) A public official with appropriate jurisdiction to prosecute or enforce the laws of this state.
(1) The spouse, parent, child, or sibling of the person who would bring about such person's own death;
(2) Entitled to inherit from the person who would bring about such person's own death;
(3) A health care provider or former health care provider of the person who would bring about such person's own death; or
(4) A public official with appropriate jurisdiction to prosecute or enforce the laws of this state.
(e) A cause of action for civil damages against any person who violates or attempts to violate subsection (a) may be maintained by any person given standing by subsection (d) for compensatory damages and exemplary damages, whether or not the plaintiff consented to or had prior knowledge of the violation or attempt. Any compensatory damages awarded shall be paid as provided by law, but exemplary damages shall be paid over to the department of revenue for deposit in the criminal injuries compensation fund, pursuant to § 40-24-107 .
(f) Reasonable attorney's fees shall be awarded to the prevailing plaintiff in a civil action brought pursuant to this section. If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous or brought in bad faith, the court shall award reasonable attorney's fees to the defendant.
(g) Assisted suicide is a Class D felony.
Acts 1993, ch. 405, §§ 2, 3.
Tenn. Code Ann. § 39-17-308 — TN Code / Title 39 / Chapter 17 / Section 39-17-308
Harassment
Status: in_force

(a) A person commits an offense who intentionally: (1) Communicates a threat to another person, and the person communicating the threat: (A) Intends the communication to be a threat of harm to the victim; and (B) A reasonable person would perceive the communication to be a threat of harm; (2) Communicates with another person without lawful purpose, anonymously or otherwise, with the intent that the frequency or means of the communication annoys, offends, alarms, or frightens the recipient and, by this action, annoys, offends, alarms, or frightens the recipient; (3) Communicates to another person, with intent to harass that person, that a relative or other person has been injured or killed when the communication is known to be false; (4) Communicates with another person or transmits or displays an image without legitimate purpose with the intent that the image is viewed by the victim by any method described in subdivision (a)(1) and the person: (A) Maliciously intends the communication to be a threat of harm to the victim; and (B) A reasonable person would perceive the communication to be a threat of harm; or (5) Engages in bullying or cyber-bullying. (b) (1) A person convicted of a criminal offense commits an offense if, while incarcerated, on pretrial diversion, probation, community correction or parole, the person intentionally communicates in person with the victim of the person's crime if the communication is: (A) Anonymous or threatening or made in an offensively repetitious manner or at hours known to be inconvenient to the victim; (B) Made for no legitimate purpose; and (C) Made knowing that it will alarm or annoy the victim. (2) If the victim of the person's offense died as the result of the offense, this subsection (b) shall apply to the deceased victim's next-of-kin. (c) (1) Except as provided in subsection (d), a violation of subsection (a) is a Class A misdemeanor. (2) A violation of subsection (b) is a Class E felony. (d) (1) A violation by a minor of subdivision (a)(4) is a delinquent act and shall be punishable only by up to thirty (30) hours of community service, without compensation, for charitable or governmental agencies as determined by the court. (2) A violation by a minor of subdivision (a)(5) is a delinquent act and shall be punished as provided in § 37-1-131 . (e) As used in this section: (1) "Bullying" means an act committed by a student that substantially interferes with another student's educational benefits, opportunities, or performance; and: (A) If the act takes place on school grounds, at any school-sponsored activity, on school-provided equipment or transportation or at any official school bus stop, the act has the effect of: (i) Physically harming the other student or damaging the other student's property; or (ii) Knowingly placing the other student or students in reasonable fear of physical harm to the other student or damage to the student's property; or (B) If the act takes place off school property or outside of a school-sponsored activity, it is directed specifically at another student or students and has the effect of creating a substantial disruption to the education environment or learning process; (2) "Communicate" means contacting a person in writing or print or by telephone, wire, radio, electromagnetic, photoelectronic, photooptical, or electronic means, and includes text messages, facsimile transmissions, electronic mail, instant messages, and messages, images, video, sound recordings, or intelligence of any nature sent through or posted on social networks, social media, or websites; (3) "Cyber-bullying" means bullying undertaken through the use of electronic devices; (4) "Electronic communications service" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system; (5) "Image" includes, but is not limited to, a visual depiction, video clip or photograph of another person; (6) "Log files" mean computer-generated lists that contain various types of information regarding the activities of a computer, including, but not limited to, time of access to certain records, processes running on a computer or the usage of certain computer resources; and (7) "Official report" means a written report made by a law enforcement officer in the course of the law enforcement officer's official duties that the parent of a minor child who is identified as a victim in the report may obtain from the law enforcement officer's employing law enforcement agency; (8) "School" means a public or private school that conducts classes in any grade from kindergarten through grade twelve (K-12); (9) "Student" means a person, regardless of age, enrolled in a public or private school that conducts classes in any grade from kindergarten through grade twelve (K-12); (10) "Social network" means any online community of people who share interests and activities, or who are interested in exploring the interests and activities of others, and which provides ways for users to interact. (f) (1) The offense described in this section shall not apply to an entity providing an electronic communications service to the public acting in the normal course of providing that service. (2) The service providers described in this subsection (f) shall not be required to maintain any record not otherwise kept in the ordinary course of that service provider's business; provided, however, that if any electronic communications service provider operates a website that offers a social network service and the electronic communications service provider provides services to consumers in this state, any log files and images or communications that have been sent, posted, or displayed on the social network service's website and maintained by the electronic communications service provider shall be disclosed to any governmental entity responsible for enforcing this section only if the governmental entity: (A) Obtains a warrant issued using this state's warrant procedures by a court of competent jurisdiction; (B) Obtains a court order for the disclosure under subdivision (f)(4); or (C) Has the consent of the person who sent, posted, or displayed any log files and images or communications on the social network service's website maintained by the electronic communications service provider. (3) No cause of action shall lie in any court against any provider of an electronic communications service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order or warrant. (4) A court order for disclosure under subdivision (f)(2)(B) may be issued by any court that is a court of competent jurisdiction and shall issue only if the governmental entity offers specific and articulable facts showing that there are reasonable grounds to believe that the contents of an electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation. A court order shall not issue if prohibited by the law of this state. A court issuing an order pursuant to this section, on a motion made promptly by the service provider, may quash or modify the order, if the information or records requested are unusually voluminous in nature or compliance with the order otherwise would cause an undue burden on the provider. (g) (1) A law enforcement officer who has knowledge that a minor is the victim of an incident of bullying or cyberbullying shall: (A) Make an official report of the incident; and (B) Provide the minor's parent, legal guardian, or legal custodian with notice of the bullying or cyberbullying and instructions concerning how to obtain a copy of the report made pursuant to subdivision (g)(1)(A). (2) This subsection (g) does not apply to incidents reported to the department of safety through the SafeTN application or a successor application. Amended by 2024 Tenn. Acts, ch. 797,s 4, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 797,s 3, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 797,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 797,s 1, eff. 7/1/2024. Amended by 2016 Tenn. Acts, ch. 884, Secs.s 2, s 3, s 4, s 5 eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 884, s 1, eff. 7/1/2016. Acts 1989, ch. 591, § 1; 1998, ch. 1035, §§ 1, 2; 2001, ch. 26, § 1; 2008 , ch. 973, § 1; 2009 , ch. 347, § 1; 2011 , ch. 362, §§ 1-4; 2012 , ch. 992, § 1.
(a) A person commits an offense who intentionally: (1) Communicates a threat to another person, and the person communicating the threat: (A) Intends the communication to be a threat of harm to the victim; and (B) A reasonable person would perceive the communication to be a threat of harm; (2) Communicates with another person without lawful purpose, anonymously or otherwise, with the intent that the frequency or means of the communication annoys, offends, alarms, or frightens the recipient and, by this action, annoys, offends, alarms, or frightens the recipient; (3) Communicates to another person, with intent to harass that person, that a relative or other person has been injured or killed when the communication is known to be false; (4) Communicates with another person or transmits or displays an image without legitimate purpose with the intent that the image is viewed by the victim by any method described in subdivision (a)(1) and the person: (A) Maliciously intends the communication to be a threat of harm to the victim; and (B) A reasonable person would perceive the communication to be a threat of harm; or (5) Engages in bullying or cyber-bullying.
(1) Communicates a threat to another person, and the person communicating the threat: (A) Intends the communication to be a threat of harm to the victim; and (B) A reasonable person would perceive the communication to be a threat of harm;
(A) Intends the communication to be a threat of harm to the victim; and
(B) A reasonable person would perceive the communication to be a threat of harm;
(2) Communicates with another person without lawful purpose, anonymously or otherwise, with the intent that the frequency or means of the communication annoys, offends, alarms, or frightens the recipient and, by this action, annoys, offends, alarms, or frightens the recipient;
(3) Communicates to another person, with intent to harass that person, that a relative or other person has been injured or killed when the communication is known to be false;
(4) Communicates with another person or transmits or displays an image without legitimate purpose with the intent that the image is viewed by the victim by any method described in subdivision (a)(1) and the person: (A) Maliciously intends the communication to be a threat of harm to the victim; and (B) A reasonable person would perceive the communication to be a threat of harm; or
(A) Maliciously intends the communication to be a threat of harm to the victim; and
(B) A reasonable person would perceive the communication to be a threat of harm; or
(5) Engages in bullying or cyber-bullying.
(b) (1) A person convicted of a criminal offense commits an offense if, while incarcerated, on pretrial diversion, probation, community correction or parole, the person intentionally communicates in person with the victim of the person's crime if the communication is: (A) Anonymous or threatening or made in an offensively repetitious manner or at hours known to be inconvenient to the victim; (B) Made for no legitimate purpose; and (C) Made knowing that it will alarm or annoy the victim. (2) If the victim of the person's offense died as the result of the offense, this subsection (b) shall apply to the deceased victim's next-of-kin.
(1) A person convicted of a criminal offense commits an offense if, while incarcerated, on pretrial diversion, probation, community correction or parole, the person intentionally communicates in person with the victim of the person's crime if the communication is: (A) Anonymous or threatening or made in an offensively repetitious manner or at hours known to be inconvenient to the victim; (B) Made for no legitimate purpose; and (C) Made knowing that it will alarm or annoy the victim.
(A) Anonymous or threatening or made in an offensively repetitious manner or at hours known to be inconvenient to the victim;
(B) Made for no legitimate purpose; and
(C) Made knowing that it will alarm or annoy the victim.
(2) If the victim of the person's offense died as the result of the offense, this subsection (b) shall apply to the deceased victim's next-of-kin.
(c) (1) Except as provided in subsection (d), a violation of subsection (a) is a Class A misdemeanor. (2) A violation of subsection (b) is a Class E felony.
(1) Except as provided in subsection (d), a violation of subsection (a) is a Class A misdemeanor.
(2) A violation of subsection (b) is a Class E felony.
(d) (1) A violation by a minor of subdivision (a)(4) is a delinquent act and shall be punishable only by up to thirty (30) hours of community service, without compensation, for charitable or governmental agencies as determined by the court. (2) A violation by a minor of subdivision (a)(5) is a delinquent act and shall be punished as provided in § 37-1-131 .
(1) A violation by a minor of subdivision (a)(4) is a delinquent act and shall be punishable only by up to thirty (30) hours of community service, without compensation, for charitable or governmental agencies as determined by the court.
(2) A violation by a minor of subdivision (a)(5) is a delinquent act and shall be punished as provided in § 37-1-131 .
(e) As used in this section: (1) "Bullying" means an act committed by a student that substantially interferes with another student's educational benefits, opportunities, or performance; and: (A) If the act takes place on school grounds, at any school-sponsored activity, on school-provided equipment or transportation or at any official school bus stop, the act has the effect of: (i) Physically harming the other student or damaging the other student's property; or (ii) Knowingly placing the other student or students in reasonable fear of physical harm to the other student or damage to the student's property; or (B) If the act takes place off school property or outside of a school-sponsored activity, it is directed specifically at another student or students and has the effect of creating a substantial disruption to the education environment or learning process; (2) "Communicate" means contacting a person in writing or print or by telephone, wire, radio, electromagnetic, photoelectronic, photooptical, or electronic means, and includes text messages, facsimile transmissions, electronic mail, instant messages, and messages, images, video, sound recordings, or intelligence of any nature sent through or posted on social networks, social media, or websites; (3) "Cyber-bullying" means bullying undertaken through the use of electronic devices; (4) "Electronic communications service" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system; (5) "Image" includes, but is not limited to, a visual depiction, video clip or photograph of another person; (6) "Log files" mean computer-generated lists that contain various types of information regarding the activities of a computer, including, but not limited to, time of access to certain records, processes running on a computer or the usage of certain computer resources; and (7) "Official report" means a written report made by a law enforcement officer in the course of the law enforcement officer's official duties that the parent of a minor child who is identified as a victim in the report may obtain from the law enforcement officer's employing law enforcement agency; (8) "School" means a public or private school that conducts classes in any grade from kindergarten through grade twelve (K-12); (9) "Student" means a person, regardless of age, enrolled in a public or private school that conducts classes in any grade from kindergarten through grade twelve (K-12); (10) "Social network" means any online community of people who share interests and activities, or who are interested in exploring the interests and activities of others, and which provides ways for users to interact.
(1) "Bullying" means an act committed by a student that substantially interferes with another student's educational benefits, opportunities, or performance; and: (A) If the act takes place on school grounds, at any school-sponsored activity, on school-provided equipment or transportation or at any official school bus stop, the act has the effect of: (i) Physically harming the other student or damaging the other student's property; or (ii) Knowingly placing the other student or students in reasonable fear of physical harm to the other student or damage to the student's property; or (B) If the act takes place off school property or outside of a school-sponsored activity, it is directed specifically at another student or students and has the effect of creating a substantial disruption to the education environment or learning process;
(A) If the act takes place on school grounds, at any school-sponsored activity, on school-provided equipment or transportation or at any official school bus stop, the act has the effect of: (i) Physically harming the other student or damaging the other student's property; or (ii) Knowingly placing the other student or students in reasonable fear of physical harm to the other student or damage to the student's property; or
(i) Physically harming the other student or damaging the other student's property; or
(ii) Knowingly placing the other student or students in reasonable fear of physical harm to the other student or damage to the student's property; or
(B) If the act takes place off school property or outside of a school-sponsored activity, it is directed specifically at another student or students and has the effect of creating a substantial disruption to the education environment or learning process;
(2) "Communicate" means contacting a person in writing or print or by telephone, wire, radio, electromagnetic, photoelectronic, photooptical, or electronic means, and includes text messages, facsimile transmissions, electronic mail, instant messages, and messages, images, video, sound recordings, or intelligence of any nature sent through or posted on social networks, social media, or websites;
(3) "Cyber-bullying" means bullying undertaken through the use of electronic devices;
(4) "Electronic communications service" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system;
(5) "Image" includes, but is not limited to, a visual depiction, video clip or photograph of another person;
(6) "Log files" mean computer-generated lists that contain various types of information regarding the activities of a computer, including, but not limited to, time of access to certain records, processes running on a computer or the usage of certain computer resources; and
(7) "Official report" means a written report made by a law enforcement officer in the course of the law enforcement officer's official duties that the parent of a minor child who is identified as a victim in the report may obtain from the law enforcement officer's employing law enforcement agency;
(8) "School" means a public or private school that conducts classes in any grade from kindergarten through grade twelve (K-12);
(9) "Student" means a person, regardless of age, enrolled in a public or private school that conducts classes in any grade from kindergarten through grade twelve (K-12);
(10) "Social network" means any online community of people who share interests and activities, or who are interested in exploring the interests and activities of others, and which provides ways for users to interact.
(f) (1) The offense described in this section shall not apply to an entity providing an electronic communications service to the public acting in the normal course of providing that service. (2) The service providers described in this subsection (f) shall not be required to maintain any record not otherwise kept in the ordinary course of that service provider's business; provided, however, that if any electronic communications service provider operates a website that offers a social network service and the electronic communications service provider provides services to consumers in this state, any log files and images or communications that have been sent, posted, or displayed on the social network service's website and maintained by the electronic communications service provider shall be disclosed to any governmental entity responsible for enforcing this section only if the governmental entity: (A) Obtains a warrant issued using this state's warrant procedures by a court of competent jurisdiction; (B) Obtains a court order for the disclosure under subdivision (f)(4); or (C) Has the consent of the person who sent, posted, or displayed any log files and images or communications on the social network service's website maintained by the electronic communications service provider. (3) No cause of action shall lie in any court against any provider of an electronic communications service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order or warrant. (4) A court order for disclosure under subdivision (f)(2)(B) may be issued by any court that is a court of competent jurisdiction and shall issue only if the governmental entity offers specific and articulable facts showing that there are reasonable grounds to believe that the contents of an electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation. A court order shall not issue if prohibited by the law of this state. A court issuing an order pursuant to this section, on a motion made promptly by the service provider, may quash or modify the order, if the information or records requested are unusually voluminous in nature or compliance with the order otherwise would cause an undue burden on the provider.
(1) The offense described in this section shall not apply to an entity providing an electronic communications service to the public acting in the normal course of providing that service.
(2) The service providers described in this subsection (f) shall not be required to maintain any record not otherwise kept in the ordinary course of that service provider's business; provided, however, that if any electronic communications service provider operates a website that offers a social network service and the electronic communications service provider provides services to consumers in this state, any log files and images or communications that have been sent, posted, or displayed on the social network service's website and maintained by the electronic communications service provider shall be disclosed to any governmental entity responsible for enforcing this section only if the governmental entity: (A) Obtains a warrant issued using this state's warrant procedures by a court of competent jurisdiction; (B) Obtains a court order for the disclosure under subdivision (f)(4); or (C) Has the consent of the person who sent, posted, or displayed any log files and images or communications on the social network service's website maintained by the electronic communications service provider.
(A) Obtains a warrant issued using this state's warrant procedures by a court of competent jurisdiction;
(B) Obtains a court order for the disclosure under subdivision (f)(4); or
(C) Has the consent of the person who sent, posted, or displayed any log files and images or communications on the social network service's website maintained by the electronic communications service provider.
(3) No cause of action shall lie in any court against any provider of an electronic communications service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order or warrant.
(4) A court order for disclosure under subdivision (f)(2)(B) may be issued by any court that is a court of competent jurisdiction and shall issue only if the governmental entity offers specific and articulable facts showing that there are reasonable grounds to believe that the contents of an electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation. A court order shall not issue if prohibited by the law of this state. A court issuing an order pursuant to this section, on a motion made promptly by the service provider, may quash or modify the order, if the information or records requested are unusually voluminous in nature or compliance with the order otherwise would cause an undue burden on the provider.
(g) (1) A law enforcement officer who has knowledge that a minor is the victim of an incident of bullying or cyberbullying shall: (A) Make an official report of the incident; and (B) Provide the minor's parent, legal guardian, or legal custodian with notice of the bullying or cyberbullying and instructions concerning how to obtain a copy of the report made pursuant to subdivision (g)(1)(A). (2) This subsection (g) does not apply to incidents reported to the department of safety through the SafeTN application or a successor application.
(1) A law enforcement officer who has knowledge that a minor is the victim of an incident of bullying or cyberbullying shall: (A) Make an official report of the incident; and (B) Provide the minor's parent, legal guardian, or legal custodian with notice of the bullying or cyberbullying and instructions concerning how to obtain a copy of the report made pursuant to subdivision (g)(1)(A).
(A) Make an official report of the incident; and
(B) Provide the minor's parent, legal guardian, or legal custodian with notice of the bullying or cyberbullying and instructions concerning how to obtain a copy of the report made pursuant to subdivision (g)(1)(A).
(2) This subsection (g) does not apply to incidents reported to the department of safety through the SafeTN application or a successor application.
Amended by 2024 Tenn. Acts, ch. 797,s 4, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 797,s 3, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 797,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 797,s 1, eff. 7/1/2024.
Amended by 2016 Tenn. Acts, ch. 884, Secs.s 2, s 3, s 4, s 5 eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 884, s 1, eff. 7/1/2016.
Acts 1989, ch. 591, § 1; 1998, ch. 1035, §§ 1, 2; 2001, ch. 26, § 1; 2008 , ch. 973, § 1; 2009 , ch. 347, § 1; 2011 , ch. 362, §§ 1-4; 2012 , ch. 992, § 1.
Tenn. Code Ann. § 39-14-211 — TN Code / Title 39 / Chapter 14 / Section 39-14-211
Examination of livestock by commissioner of agriculture or other persons
Status: in_force

(a) No entry onto the property of another, arrest, interference with usual and customary agricultural or veterinary practices, confiscation, or any other action authorized by this part or any other law shall be taken in response to an allegation that this part has been violated with regard to livestock unless, prior to or at the time of such action: (1) The livestock in question has been examined by: (A) The commissioner of agriculture or the commissioner's duly authorized agent trained to conduct livestock cruelty examinations; (B) A graduate of an accredited college of veterinary medicine specializing in livestock practice; or (C) A graduate of an accredited college of agriculture with a specialty in livestock; and (2) Upon examination of the livestock, the commissioner, commissioner's agent, or graduate has probable cause to believe that a violation of this part has occurred with regard to the livestock. (b) If a person authorized by this section to make a probable cause examination of livestock does not examine the livestock within twenty-four (24) hours of receiving the allegation, a licensed veterinarian may make the inspection, and the veterinarian's findings shall be afforded the same presumption and effect as an examination conducted by a person authorized pursuant to subsection (a). Amended by 2016 Tenn. Acts, ch. 740,s 1, eff. 4/7/2016. Acts 1997, ch. 90, § 3.
(a) No entry onto the property of another, arrest, interference with usual and customary agricultural or veterinary practices, confiscation, or any other action authorized by this part or any other law shall be taken in response to an allegation that this part has been violated with regard to livestock unless, prior to or at the time of such action: (1) The livestock in question has been examined by: (A) The commissioner of agriculture or the commissioner's duly authorized agent trained to conduct livestock cruelty examinations; (B) A graduate of an accredited college of veterinary medicine specializing in livestock practice; or (C) A graduate of an accredited college of agriculture with a specialty in livestock; and (2) Upon examination of the livestock, the commissioner, commissioner's agent, or graduate has probable cause to believe that a violation of this part has occurred with regard to the livestock.
(1) The livestock in question has been examined by: (A) The commissioner of agriculture or the commissioner's duly authorized agent trained to conduct livestock cruelty examinations; (B) A graduate of an accredited college of veterinary medicine specializing in livestock practice; or (C) A graduate of an accredited college of agriculture with a specialty in livestock; and
(A) The commissioner of agriculture or the commissioner's duly authorized agent trained to conduct livestock cruelty examinations;
(B) A graduate of an accredited college of veterinary medicine specializing in livestock practice; or
(C) A graduate of an accredited college of agriculture with a specialty in livestock; and
(2) Upon examination of the livestock, the commissioner, commissioner's agent, or graduate has probable cause to believe that a violation of this part has occurred with regard to the livestock.
(b) If a person authorized by this section to make a probable cause examination of livestock does not examine the livestock within twenty-four (24) hours of receiving the allegation, a licensed veterinarian may make the inspection, and the veterinarian's findings shall be afforded the same presumption and effect as an examination conducted by a person authorized pursuant to subsection (a).
Amended by 2016 Tenn. Acts, ch. 740,s 1, eff. 4/7/2016.
Acts 1997, ch. 90, § 3.
Tenn. Code Ann. § 39-17-1004 — TN Code / Title 39 / Chapter 17 / Section 39-17-1004
Offense of aggravated sexual exploitation of a minor
Status: in_force

(a) (1) It is unlawful for a person to knowingly promote, sell, distribute, transport, purchase or exchange material, or possess with the intent to promote, sell, distribute, transport, purchase or exchange material, that includes a minor engaged in: (A) Sexual activity; or (B) Simulated sexual activity that is patently offensive. (2) A person who violates subdivision (a)(1) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials involved in a violation under subdivision (a)(1) is greater than twenty-five (25), the person may be charged in a single count to enhance the class of offense under subdivision (a)(4). (3) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, sold, distributed, transported, purchased, exchanged or possessed the material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor. (4) A violation of this section is a Class C felony; however, if the number of individual images, materials, or combination of images and materials that are promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to promote, sell, distribute, transport, purchase or exchange, is more than twenty-five (25), then the offense shall be a Class B felony. (b) (1) It is unlawful for a person to knowingly promote, sell, distribute, transport, purchase or exchange material that is obscene, as defined in § 39-17-901 , or possess material that is obscene, with the intent to promote, sell, distribute, transport, purchase or exchange the material, which includes a minor engaged in: (A) Sexual activity; or (B) Simulated sexual activity that is patently offensive. (2) A person who violates subdivision (b)(1) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials involved in a violation under subdivision (b)(1) is greater than twenty-five (25), the person may be charged in a single count to enhance the class of offense under subdivision (b)(4). (3) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, sold, distributed, transported, purchased, exchanged or possessed the material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor. (4) A violation of this section is a Class C felony; however, if the number of individual images, materials, or combination of images and materials, that are promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to promote, sell, distribute, transport, purchase or exchange, is more than twenty-five (25), then the offense shall be a Class B felony. (c) In a prosecution under this section, the state is not required to prove the actual identity or age of the minor. (d) A person is subject to prosecution in this state under this section for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where the person promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to promote, sell, distribute, transport, purchase or exchange material within this state. (e) It shall not be a defense to a violation of subsection (a) that the minor victim of the offense consented to the conduct that constituted the offense. Amended by 2013 Tenn. Acts, ch. 350,s 3, eff. 7/1/2013. Acts 1990, ch. 1092, § 7; 2005, ch. 496, § 3.
(a) (1) It is unlawful for a person to knowingly promote, sell, distribute, transport, purchase or exchange material, or possess with the intent to promote, sell, distribute, transport, purchase or exchange material, that includes a minor engaged in: (A) Sexual activity; or (B) Simulated sexual activity that is patently offensive. (2) A person who violates subdivision (a)(1) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials involved in a violation under subdivision (a)(1) is greater than twenty-five (25), the person may be charged in a single count to enhance the class of offense under subdivision (a)(4). (3) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, sold, distributed, transported, purchased, exchanged or possessed the material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor. (4) A violation of this section is a Class C felony; however, if the number of individual images, materials, or combination of images and materials that are promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to promote, sell, distribute, transport, purchase or exchange, is more than twenty-five (25), then the offense shall be a Class B felony.
(1) It is unlawful for a person to knowingly promote, sell, distribute, transport, purchase or exchange material, or possess with the intent to promote, sell, distribute, transport, purchase or exchange material, that includes a minor engaged in: (A) Sexual activity; or (B) Simulated sexual activity that is patently offensive.
(A) Sexual activity; or
(B) Simulated sexual activity that is patently offensive.
(2) A person who violates subdivision (a)(1) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials involved in a violation under subdivision (a)(1) is greater than twenty-five (25), the person may be charged in a single count to enhance the class of offense under subdivision (a)(4).
(3) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, sold, distributed, transported, purchased, exchanged or possessed the material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.
(4) A violation of this section is a Class C felony; however, if the number of individual images, materials, or combination of images and materials that are promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to promote, sell, distribute, transport, purchase or exchange, is more than twenty-five (25), then the offense shall be a Class B felony.
(b) (1) It is unlawful for a person to knowingly promote, sell, distribute, transport, purchase or exchange material that is obscene, as defined in § 39-17-901 , or possess material that is obscene, with the intent to promote, sell, distribute, transport, purchase or exchange the material, which includes a minor engaged in: (A) Sexual activity; or (B) Simulated sexual activity that is patently offensive. (2) A person who violates subdivision (b)(1) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials involved in a violation under subdivision (b)(1) is greater than twenty-five (25), the person may be charged in a single count to enhance the class of offense under subdivision (b)(4). (3) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, sold, distributed, transported, purchased, exchanged or possessed the material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor. (4) A violation of this section is a Class C felony; however, if the number of individual images, materials, or combination of images and materials, that are promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to promote, sell, distribute, transport, purchase or exchange, is more than twenty-five (25), then the offense shall be a Class B felony.
(1) It is unlawful for a person to knowingly promote, sell, distribute, transport, purchase or exchange material that is obscene, as defined in § 39-17-901 , or possess material that is obscene, with the intent to promote, sell, distribute, transport, purchase or exchange the material, which includes a minor engaged in: (A) Sexual activity; or (B) Simulated sexual activity that is patently offensive.
(A) Sexual activity; or
(B) Simulated sexual activity that is patently offensive.
(2) A person who violates subdivision (b)(1) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials involved in a violation under subdivision (b)(1) is greater than twenty-five (25), the person may be charged in a single count to enhance the class of offense under subdivision (b)(4).
(3) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, sold, distributed, transported, purchased, exchanged or possessed the material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.
(4) A violation of this section is a Class C felony; however, if the number of individual images, materials, or combination of images and materials, that are promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to promote, sell, distribute, transport, purchase or exchange, is more than twenty-five (25), then the offense shall be a Class B felony.
(c) In a prosecution under this section, the state is not required to prove the actual identity or age of the minor.
(d) A person is subject to prosecution in this state under this section for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where the person promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to promote, sell, distribute, transport, purchase or exchange material within this state.
(e) It shall not be a defense to a violation of subsection (a) that the minor victim of the offense consented to the conduct that constituted the offense.
Amended by 2013 Tenn. Acts, ch. 350,s 3, eff. 7/1/2013.
Acts 1990, ch. 1092, § 7; 2005, ch. 496, § 3.
Tenn. Code Ann. § 39-11-703 — TN Code / Title 39 / Chapter 11 / Section 39-11-703
Criminal proceeds subject to forfeiture
Status: in_force

(a) Any property, real or personal, directly or indirectly acquired by or received in violation of any statute or as an inducement to violate any statute, or any property traceable to the proceeds from the violation, is subject to judicial forfeiture, and all right, title, and interest in any such property shall vest in the state upon commission of the act giving rise to forfeiture. (b) Any real property, including any right, title and interest in the whole of or any part of any lot or tract of land and any property used as an instrumentality in or used in furtherance of a violation of the following laws shall be subject to judicial forfeiture: (1) A conviction for a violation of § 39-17-417(i) or (j) or the commission of three (3) or more acts occurring on three (3) or more separate days within a sixty-day period, and each act results in a felony conviction under chapter 17, part 4 of this title; or (2) The commission of three (3) or more acts occurring on three (3) or more separate days within a sixty-day period, and each act results in a conviction for promoting prostitution under chapter 13, part 5 of this title. (c) (1) The items enumerated in subdivision (c)(2) are subject to judicial forfeiture as provided in this part for a violation of the following offenses: (A) For an offense committed on or after July 1, 2022: (i) Kidnapping, as defined in § 39-13-303 ; (ii) Aggravated kidnapping, as defined in § 39-13-304 ; (iii) Especially aggravated kidnapping, as defined in § 39-13-305 ; (iv) Aggravated rape of a child, as defined in § 39-13-531 ; (v) Rape of a child, as defined in § 39-13-522 ; (vi) Aggravated rape, as defined in § 39-13-502 ; (vii) Rape, as defined in § 39-13-503 ; (viii) Commission of an act of terrorism, as defined in § 39-13-805 ; and (ix) Aggravated human trafficking, as defined in § 39-13-316 ; (B) For an offense committed on or after July 1, 2011: (i) Involuntary labor servitude, as defined in § 39-13-307 ; (ii) Trafficking for forced labor or services, as defined in § 39-13-308 ; and (iii) Trafficking for commercial sex acts, as defined in § 39-13-309 ; and (C) For an offense committed on or after July 2, 2022: (i) Especially aggravated rape; (ii) Especially aggravated rape of a child; or (iii) Grave torture; (2) The items to which subdivision (c)(1) applies are: (A) When used or intended to be used in connection with such violation: (i) Conveyances, including aircraft, motor vehicles, and other vessels; (ii) Books, records, telecommunication equipment, or computers; (iii) Money or weapons; and (iv) Real property; (B) Everything of value furnished, or intended to be furnished, in exchange for an act in violation of such statutes, including all proceeds traceable to the exchange, and all negotiable instruments and securities used, or intended to be used, to facilitate the violation; (C) Any property, real or personal, directly or indirectly acquired by or received in violation of such statutes, or as an inducement to violate such statutes, or any property traceable to the proceeds from the violation; and (D) Any real property, including any right, title, and interest in the whole of or any part of any lot or tract of land and any property used as an instrumentality in or used in furtherance of such violation. (d) In any in rem forfeiture action in which the subject property is cash, monetary instruments in bearer form, funds deposited in an account in a financial institution, or other like fungible property: (1) It shall not be necessary for the state to identify the specific property involved in the offense that is the basis for the forfeiture action; and (2) It shall not be a defense that the property involved in such an action has been removed and replaced by identical property. Amended by 2022 Tenn. Acts, ch. 1089, s 9, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 982, s 3, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 982, s 1, eff. 7/1/2022. Acts 1998, ch. 979, § 3; 2009 , ch. 432, § 1; 2011 , ch. 354, § 1.
(a) Any property, real or personal, directly or indirectly acquired by or received in violation of any statute or as an inducement to violate any statute, or any property traceable to the proceeds from the violation, is subject to judicial forfeiture, and all right, title, and interest in any such property shall vest in the state upon commission of the act giving rise to forfeiture.
(b) Any real property, including any right, title and interest in the whole of or any part of any lot or tract of land and any property used as an instrumentality in or used in furtherance of a violation of the following laws shall be subject to judicial forfeiture: (1) A conviction for a violation of § 39-17-417(i) or (j) or the commission of three (3) or more acts occurring on three (3) or more separate days within a sixty-day period, and each act results in a felony conviction under chapter 17, part 4 of this title; or (2) The commission of three (3) or more acts occurring on three (3) or more separate days within a sixty-day period, and each act results in a conviction for promoting prostitution under chapter 13, part 5 of this title.
(1) A conviction for a violation of § 39-17-417(i) or (j) or the commission of three (3) or more acts occurring on three (3) or more separate days within a sixty-day period, and each act results in a felony conviction under chapter 17, part 4 of this title; or
(2) The commission of three (3) or more acts occurring on three (3) or more separate days within a sixty-day period, and each act results in a conviction for promoting prostitution under chapter 13, part 5 of this title.
(c) (1) The items enumerated in subdivision (c)(2) are subject to judicial forfeiture as provided in this part for a violation of the following offenses: (A) For an offense committed on or after July 1, 2022: (i) Kidnapping, as defined in § 39-13-303 ; (ii) Aggravated kidnapping, as defined in § 39-13-304 ; (iii) Especially aggravated kidnapping, as defined in § 39-13-305 ; (iv) Aggravated rape of a child, as defined in § 39-13-531 ; (v) Rape of a child, as defined in § 39-13-522 ; (vi) Aggravated rape, as defined in § 39-13-502 ; (vii) Rape, as defined in § 39-13-503 ; (viii) Commission of an act of terrorism, as defined in § 39-13-805 ; and (ix) Aggravated human trafficking, as defined in § 39-13-316 ; (B) For an offense committed on or after July 1, 2011: (i) Involuntary labor servitude, as defined in § 39-13-307 ; (ii) Trafficking for forced labor or services, as defined in § 39-13-308 ; and (iii) Trafficking for commercial sex acts, as defined in § 39-13-309 ; and (C) For an offense committed on or after July 2, 2022: (i) Especially aggravated rape; (ii) Especially aggravated rape of a child; or (iii) Grave torture; (2) The items to which subdivision (c)(1) applies are: (A) When used or intended to be used in connection with such violation: (i) Conveyances, including aircraft, motor vehicles, and other vessels; (ii) Books, records, telecommunication equipment, or computers; (iii) Money or weapons; and (iv) Real property; (B) Everything of value furnished, or intended to be furnished, in exchange for an act in violation of such statutes, including all proceeds traceable to the exchange, and all negotiable instruments and securities used, or intended to be used, to facilitate the violation; (C) Any property, real or personal, directly or indirectly acquired by or received in violation of such statutes, or as an inducement to violate such statutes, or any property traceable to the proceeds from the violation; and (D) Any real property, including any right, title, and interest in the whole of or any part of any lot or tract of land and any property used as an instrumentality in or used in furtherance of such violation.
(1) The items enumerated in subdivision (c)(2) are subject to judicial forfeiture as provided in this part for a violation of the following offenses: (A) For an offense committed on or after July 1, 2022: (i) Kidnapping, as defined in § 39-13-303 ; (ii) Aggravated kidnapping, as defined in § 39-13-304 ; (iii) Especially aggravated kidnapping, as defined in § 39-13-305 ; (iv) Aggravated rape of a child, as defined in § 39-13-531 ; (v) Rape of a child, as defined in § 39-13-522 ; (vi) Aggravated rape, as defined in § 39-13-502 ; (vii) Rape, as defined in § 39-13-503 ; (viii) Commission of an act of terrorism, as defined in § 39-13-805 ; and (ix) Aggravated human trafficking, as defined in § 39-13-316 ; (B) For an offense committed on or after July 1, 2011: (i) Involuntary labor servitude, as defined in § 39-13-307 ; (ii) Trafficking for forced labor or services, as defined in § 39-13-308 ; and (iii) Trafficking for commercial sex acts, as defined in § 39-13-309 ; and (C) For an offense committed on or after July 2, 2022: (i) Especially aggravated rape; (ii) Especially aggravated rape of a child; or (iii) Grave torture;
(A) For an offense committed on or after July 1, 2022: (i) Kidnapping, as defined in § 39-13-303 ; (ii) Aggravated kidnapping, as defined in § 39-13-304 ; (iii) Especially aggravated kidnapping, as defined in § 39-13-305 ; (iv) Aggravated rape of a child, as defined in § 39-13-531 ; (v) Rape of a child, as defined in § 39-13-522 ; (vi) Aggravated rape, as defined in § 39-13-502 ; (vii) Rape, as defined in § 39-13-503 ; (viii) Commission of an act of terrorism, as defined in § 39-13-805 ; and (ix) Aggravated human trafficking, as defined in § 39-13-316 ;
(i) Kidnapping, as defined in § 39-13-303 ;
(ii) Aggravated kidnapping, as defined in § 39-13-304 ;
(iii) Especially aggravated kidnapping, as defined in § 39-13-305 ;
(iv) Aggravated rape of a child, as defined in § 39-13-531 ;
(v) Rape of a child, as defined in § 39-13-522 ;
(vi) Aggravated rape, as defined in § 39-13-502 ;
(vii) Rape, as defined in § 39-13-503 ;
(viii) Commission of an act of terrorism, as defined in § 39-13-805 ; and
(ix) Aggravated human trafficking, as defined in § 39-13-316 ;
(B) For an offense committed on or after July 1, 2011: (i) Involuntary labor servitude, as defined in § 39-13-307 ; (ii) Trafficking for forced labor or services, as defined in § 39-13-308 ; and (iii) Trafficking for commercial sex acts, as defined in § 39-13-309 ; and
(i) Involuntary labor servitude, as defined in § 39-13-307 ;
(ii) Trafficking for forced labor or services, as defined in § 39-13-308 ; and
(iii) Trafficking for commercial sex acts, as defined in § 39-13-309 ; and
(C) For an offense committed on or after July 2, 2022: (i) Especially aggravated rape; (ii) Especially aggravated rape of a child; or (iii) Grave torture;
(i) Especially aggravated rape;
(ii) Especially aggravated rape of a child; or
(iii) Grave torture;
(2) The items to which subdivision (c)(1) applies are: (A) When used or intended to be used in connection with such violation: (i) Conveyances, including aircraft, motor vehicles, and other vessels; (ii) Books, records, telecommunication equipment, or computers; (iii) Money or weapons; and (iv) Real property; (B) Everything of value furnished, or intended to be furnished, in exchange for an act in violation of such statutes, including all proceeds traceable to the exchange, and all negotiable instruments and securities used, or intended to be used, to facilitate the violation; (C) Any property, real or personal, directly or indirectly acquired by or received in violation of such statutes, or as an inducement to violate such statutes, or any property traceable to the proceeds from the violation; and (D) Any real property, including any right, title, and interest in the whole of or any part of any lot or tract of land and any property used as an instrumentality in or used in furtherance of such violation.
(A) When used or intended to be used in connection with such violation: (i) Conveyances, including aircraft, motor vehicles, and other vessels; (ii) Books, records, telecommunication equipment, or computers; (iii) Money or weapons; and (iv) Real property;
(i) Conveyances, including aircraft, motor vehicles, and other vessels;
(ii) Books, records, telecommunication equipment, or computers;
(iii) Money or weapons; and
(iv) Real property;
(B) Everything of value furnished, or intended to be furnished, in exchange for an act in violation of such statutes, including all proceeds traceable to the exchange, and all negotiable instruments and securities used, or intended to be used, to facilitate the violation;
(C) Any property, real or personal, directly or indirectly acquired by or received in violation of such statutes, or as an inducement to violate such statutes, or any property traceable to the proceeds from the violation; and
(D) Any real property, including any right, title, and interest in the whole of or any part of any lot or tract of land and any property used as an instrumentality in or used in furtherance of such violation.
(d) In any in rem forfeiture action in which the subject property is cash, monetary instruments in bearer form, funds deposited in an account in a financial institution, or other like fungible property: (1) It shall not be necessary for the state to identify the specific property involved in the offense that is the basis for the forfeiture action; and (2) It shall not be a defense that the property involved in such an action has been removed and replaced by identical property.
(1) It shall not be necessary for the state to identify the specific property involved in the offense that is the basis for the forfeiture action; and
(2) It shall not be a defense that the property involved in such an action has been removed and replaced by identical property.
Amended by 2022 Tenn. Acts, ch. 1089, s 9, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 982, s 3, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 982, s 1, eff. 7/1/2022.
Acts 1998, ch. 979, § 3; 2009 , ch. 432, § 1; 2011 , ch. 354, § 1.
Tenn. Code Ann. § 39-12-207 — TN Code / Title 39 / Chapter 12 / Section 39-12-207
RICO lien notice - Liens - Title or interest holders - Unauthorized conveyances
Status: in_force

(a) Upon the institution of any civil or criminal proceeding, the investigative agency, then or at any time during the pendency of the proceeding, may file a RICO lien notice in the official records of any one (1) or more counties. No filing fee or other charge is required as a condition for filing the RICO lien notice, and the clerk of the court shall, upon the presentation of a RICO lien notice, immediately record it in the official records. (b) The RICO lien notice shall be signed by the attorney general and reporter or the attorney general and reporter's designee. The notice shall be in such form as the attorney general and reporter prescribes and shall set forth the following information: (1) The name of the person against whom the civil or criminal proceeding has been brought. In its discretion, the investigative agency may also name in the RICO lien notice any other aliases, names, or fictitious names under which the person may be known and any corporation, partnership, or other entity that is either controlled or entirely owned by the person; (2) If known to the investigative agency, the present residence and business addresses of the person named in the RICO lien notice and of other names set forth in the RICO lien notice; (3) A reference to the civil or criminal proceeding, stating: (A) That a proceeding under this part has been brought against the person named in the RICO lien notice; (B) The name of the county or counties in which the proceeding has been brought; and (C) If known to the investigative agency at the time of filing the RICO lien notice, the case number of the proceeding; (4) A statement that the notice is being filed pursuant to this part; and (5) (A) The name and address of the investigative agency filing the RICO lien notice and the name of the individual signing the RICO lien notice. (B) A RICO lien notice shall apply only to one (1) person and, to the extent applicable, any other aliases, names or fictitious names, including names of corporations, partnerships, or other entities, to the extent permitted in subdivision (b)(1). (C) A separate RICO lien notice shall be filed for each person against whom the investigative agency desires to file a RICO lien notice under this section. (c) The investigative agency shall, as soon as practicable after the filing of each RICO lien notice, furnish to the person named in the notice either a copy of the recorded notice or a copy of the notice with a notation on the notice of the county or counties in which the notice has been recorded. The failure of the investigative agency to furnish a copy of the notice under this subsection (c) shall not invalidate or otherwise affect the notice. (d) (1) The filing of a RICO lien notice creates, from the time of its filing, a lien in favor of the state on the following property of the person named in the notice and against any other names set forth in the notice: (A) Any real or personal property situated in the county where the notice is filed then or thereafter owned by the person or under any of the names; and (B) Any beneficial interest in real or personal property situated in the county where the notice is filed then or thereafter owned by the person or under any of the names. (2) The lien shall commence and attach as of the time of filing of the RICO lien notice and shall continue until expiration, termination, or release of the notice pursuant to § 39-12-208 . The lien created in favor of the state shall be superior and prior to the interest of any other person in the real or personal property or beneficial interest, if the interest is acquired subsequent to the filing of the notice. (e) In conjunction with any civil proceeding: (1) The investigative agency may file a lis pendens in any county without prior court order; in such case, any person acquiring an interest in the subject real property or beneficial interest, if the real property or beneficial interest is acquired subsequent to the filing of lis pendens, shall take the interest subject to the civil proceeding and any subsequent judgment of forfeiture; and (2) If a RICO lien notice has been filed, the investigative agency may name as defendant, in addition to the person named in the notice, any person acquiring an interest in the real or personal property or beneficial interest subsequent to the filing of the notice. If a judgment of forfeiture is entered in the proceeding in favor of the state, the interest of any person in the property that was acquired subsequent to the filing of the notice shall be subject to the notice and judgment of forfeiture. (f) (1) A trustee who acquires actual knowledge that a RICO lien notice or a civil proceeding or criminal proceeding has been filed against any person for whom the trustee holds legal or record title to real or personal property shall immediately furnish to the investigative agency the following: (A) The name and address of the person, as known to the trustee; (B) The name and address, as known to the trustee, of each other person for whose benefit the trustee holds title to the real or personal property; and (C) If requested by the investigative agency, a copy of the trust agreement or other instrument pursuant to which the trustee holds legal or record title to the real or personal property. (2) Any trustee who fails to comply with this subsection (f) commits a Class A misdemeanor. (g) (1) Any trustee who conveys title to real or personal property for which, at the time of the conveyance, a RICO lien notice naming a person who, to the actual knowledge of the trustee, holds a beneficial interest in the trust has been filed in the county where the real or personal property is situated is liable to the state for the greatest of: (A) The amount of proceeds received directly by the person named in the RICO lien notice; (B) The amount of proceeds received by the trustee as a result of the conveyance and distributed to the person named in the RICO lien notice; or (C) The fair market value of the interest of the person named in the RICO lien notice in the real or personal property so conveyed. (2) However, if the trustee conveys the real or personal property and holds the proceeds that would otherwise be paid or distributed to the beneficiary or at the direction of the beneficiary or the beneficiary's designee, the trustee's liability shall not exceed the amount of the proceeds so held for so long as the proceeds are held by the trustee. (h) The filing of a RICO lien notice shall not constitute a lien on the record title to real or personal property as owned by the trustee, except to the extent that the trustee is named in the RICO lien notice. The investigative agency may bring a civil proceeding in any circuit or chancery court against the trustee to recover from the trustee the amount set forth in subsection (g), and the state shall also be entitled to recover investigative costs and attorney's fees incurred by the investigative agency. (i) The filing of a RICO lien notice shall not affect the use to which real or personal property or a beneficial interest owned by the person named in the RICO lien notice may be put, or the right of the person to receive any rents, or other proceeds resulting from the use and ownership, but not the sale, of the property, until a judgment of forfeiture is entered. (j) (1) This section shall not apply to any conveyance by a trustee pursuant to a court order, unless such court order is entered in an action between the trustee and beneficiary. (2) Unless the trustee has actual knowledge that a person owning a beneficial interest in the trust is named in a RICO lien notice or is otherwise a defendant in a civil proceeding, this section shall not apply to: (A) Any conveyance by the trustee required under the terms of the trust agreement, which trust agreement is a matter of public record prior to the filing of the RICO lien notice; or (B) Any conveyance by the trustee to all of the persons who own beneficial interests in the trust. (k) Upon the entry of a final judgment of forfeiture in favor of the state of Tennessee, the title of the state to the forfeited property shall: (1) In the case of real property, or a beneficial interest in the real property, relate back to the date of filing of the RICO lien notice in the official records of the county where the real property or a beneficial interest in the real property is located; and if no RICO lien notice is filed, then to the date of the filing of any notice of lis pendens under subsection (e) in the official records of the county where the real property or a beneficial interest in it is located; and if no RICO lien notice or notice of lis pendens is filed, then to the date of the recording of the final judgment of forfeiture in the official records of the county where the real property or a beneficial interest in the real property is located; and (2) In the case of personal property, or a beneficial interest in it, relate back to the date the personal property or the beneficial interest in it was seized by the state, or the date of filing of the RICO lien notice in the official records of the county where the personal property or a beneficial interest in the personal property is located; but if the property was not seized and no RICO lien notice was filed, then to the date of the recording of the final judgment of forfeiture in the official records of the county where the personal property, or a beneficial interest in the personal property, is located. (l) If real or personal property, or a beneficial interest in the real or personal property, subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of the RICO lien notice, or after the filing of a civil proceeding or criminal proceeding, whichever is earlier, the attorney general and reporter may institute an action in any circuit or chancery court against the person named in the RICO lien notice or the defendant in the civil proceeding or criminal proceeding; and the court shall enter final judgment against the person named in the RICO lien notice or the defendant in the civil proceeding or criminal proceeding in an amount equal to the fair market value of the property or any beneficial interest in the real or personal property, together with investigative costs and attorney's fees incurred by the investigative agency in the action. If a civil proceeding is pending, such action shall be filed only in the court where such civil proceeding is pending. (m) If real or personal property, or a beneficial interest in the real or personal property, subject to forfeiture is conveyed, alienated, or otherwise disposed of after the filing of the RICO lien notice, or after the filing of a civil proceeding or criminal proceeding, whichever is earlier, the state may treat the disposal as a fraudulent and preferential conveyance. (n) Notwithstanding any other provision of this section, any person who has perfected a security interest in real or personal property, or a beneficial interest in it, for the payment of an enforceable debt or other similar obligation prior to the filing of a RICO lien notice or a lis pendens in reference to the property or interest may foreclose the interest as otherwise provided by law. The foreclosure of the interest shall, insofar as it is practicable, be made in such a fashion that it will not otherwise interfere with a forfeiture under this part. Acts 1989, ch. 591, § 1.
(a) Upon the institution of any civil or criminal proceeding, the investigative agency, then or at any time during the pendency of the proceeding, may file a RICO lien notice in the official records of any one (1) or more counties. No filing fee or other charge is required as a condition for filing the RICO lien notice, and the clerk of the court shall, upon the presentation of a RICO lien notice, immediately record it in the official records.
(b) The RICO lien notice shall be signed by the attorney general and reporter or the attorney general and reporter's designee. The notice shall be in such form as the attorney general and reporter prescribes and shall set forth the following information: (1) The name of the person against whom the civil or criminal proceeding has been brought. In its discretion, the investigative agency may also name in the RICO lien notice any other aliases, names, or fictitious names under which the person may be known and any corporation, partnership, or other entity that is either controlled or entirely owned by the person; (2) If known to the investigative agency, the present residence and business addresses of the person named in the RICO lien notice and of other names set forth in the RICO lien notice; (3) A reference to the civil or criminal proceeding, stating: (A) That a proceeding under this part has been brought against the person named in the RICO lien notice; (B) The name of the county or counties in which the proceeding has been brought; and (C) If known to the investigative agency at the time of filing the RICO lien notice, the case number of the proceeding; (4) A statement that the notice is being filed pursuant to this part; and (5) (A) The name and address of the investigative agency filing the RICO lien notice and the name of the individual signing the RICO lien notice. (B) A RICO lien notice shall apply only to one (1) person and, to the extent applicable, any other aliases, names or fictitious names, including names of corporations, partnerships, or other entities, to the extent permitted in subdivision (b)(1). (C) A separate RICO lien notice shall be filed for each person against whom the investigative agency desires to file a RICO lien notice under this section.
(1) The name of the person against whom the civil or criminal proceeding has been brought. In its discretion, the investigative agency may also name in the RICO lien notice any other aliases, names, or fictitious names under which the person may be known and any corporation, partnership, or other entity that is either controlled or entirely owned by the person;
(2) If known to the investigative agency, the present residence and business addresses of the person named in the RICO lien notice and of other names set forth in the RICO lien notice;
(3) A reference to the civil or criminal proceeding, stating: (A) That a proceeding under this part has been brought against the person named in the RICO lien notice; (B) The name of the county or counties in which the proceeding has been brought; and (C) If known to the investigative agency at the time of filing the RICO lien notice, the case number of the proceeding;
(A) That a proceeding under this part has been brought against the person named in the RICO lien notice;
(B) The name of the county or counties in which the proceeding has been brought; and
(C) If known to the investigative agency at the time of filing the RICO lien notice, the case number of the proceeding;
(4) A statement that the notice is being filed pursuant to this part; and
(5) (A) The name and address of the investigative agency filing the RICO lien notice and the name of the individual signing the RICO lien notice. (B) A RICO lien notice shall apply only to one (1) person and, to the extent applicable, any other aliases, names or fictitious names, including names of corporations, partnerships, or other entities, to the extent permitted in subdivision (b)(1). (C) A separate RICO lien notice shall be filed for each person against whom the investigative agency desires to file a RICO lien notice under this section.
(A) The name and address of the investigative agency filing the RICO lien notice and the name of the individual signing the RICO lien notice.
(B) A RICO lien notice shall apply only to one (1) person and, to the extent applicable, any other aliases, names or fictitious names, including names of corporations, partnerships, or other entities, to the extent permitted in subdivision (b)(1).
(C) A separate RICO lien notice shall be filed for each person against whom the investigative agency desires to file a RICO lien notice under this section.
(c) The investigative agency shall, as soon as practicable after the filing of each RICO lien notice, furnish to the person named in the notice either a copy of the recorded notice or a copy of the notice with a notation on the notice of the county or counties in which the notice has been recorded. The failure of the investigative agency to furnish a copy of the notice under this subsection (c) shall not invalidate or otherwise affect the notice.
(d) (1) The filing of a RICO lien notice creates, from the time of its filing, a lien in favor of the state on the following property of the person named in the notice and against any other names set forth in the notice: (A) Any real or personal property situated in the county where the notice is filed then or thereafter owned by the person or under any of the names; and (B) Any beneficial interest in real or personal property situated in the county where the notice is filed then or thereafter owned by the person or under any of the names. (2) The lien shall commence and attach as of the time of filing of the RICO lien notice and shall continue until expiration, termination, or release of the notice pursuant to § 39-12-208 . The lien created in favor of the state shall be superior and prior to the interest of any other person in the real or personal property or beneficial interest, if the interest is acquired subsequent to the filing of the notice.
(1) The filing of a RICO lien notice creates, from the time of its filing, a lien in favor of the state on the following property of the person named in the notice and against any other names set forth in the notice: (A) Any real or personal property situated in the county where the notice is filed then or thereafter owned by the person or under any of the names; and (B) Any beneficial interest in real or personal property situated in the county where the notice is filed then or thereafter owned by the person or under any of the names.
(A) Any real or personal property situated in the county where the notice is filed then or thereafter owned by the person or under any of the names; and
(B) Any beneficial interest in real or personal property situated in the county where the notice is filed then or thereafter owned by the person or under any of the names.
(2) The lien shall commence and attach as of the time of filing of the RICO lien notice and shall continue until expiration, termination, or release of the notice pursuant to § 39-12-208 . The lien created in favor of the state shall be superior and prior to the interest of any other person in the real or personal property or beneficial interest, if the interest is acquired subsequent to the filing of the notice.
(e) In conjunction with any civil proceeding: (1) The investigative agency may file a lis pendens in any county without prior court order; in such case, any person acquiring an interest in the subject real property or beneficial interest, if the real property or beneficial interest is acquired subsequent to the filing of lis pendens, shall take the interest subject to the civil proceeding and any subsequent judgment of forfeiture; and (2) If a RICO lien notice has been filed, the investigative agency may name as defendant, in addition to the person named in the notice, any person acquiring an interest in the real or personal property or beneficial interest subsequent to the filing of the notice. If a judgment of forfeiture is entered in the proceeding in favor of the state, the interest of any person in the property that was acquired subsequent to the filing of the notice shall be subject to the notice and judgment of forfeiture.
(1) The investigative agency may file a lis pendens in any county without prior court order; in such case, any person acquiring an interest in the subject real property or beneficial interest, if the real property or beneficial interest is acquired subsequent to the filing of lis pendens, shall take the interest subject to the civil proceeding and any subsequent judgment of forfeiture; and
(2) If a RICO lien notice has been filed, the investigative agency may name as defendant, in addition to the person named in the notice, any person acquiring an interest in the real or personal property or beneficial interest subsequent to the filing of the notice. If a judgment of forfeiture is entered in the proceeding in favor of the state, the interest of any person in the property that was acquired subsequent to the filing of the notice shall be subject to the notice and judgment of forfeiture.
(f) (1) A trustee who acquires actual knowledge that a RICO lien notice or a civil proceeding or criminal proceeding has been filed against any person for whom the trustee holds legal or record title to real or personal property shall immediately furnish to the investigative agency the following: (A) The name and address of the person, as known to the trustee; (B) The name and address, as known to the trustee, of each other person for whose benefit the trustee holds title to the real or personal property; and (C) If requested by the investigative agency, a copy of the trust agreement or other instrument pursuant to which the trustee holds legal or record title to the real or personal property. (2) Any trustee who fails to comply with this subsection (f) commits a Class A misdemeanor.
(1) A trustee who acquires actual knowledge that a RICO lien notice or a civil proceeding or criminal proceeding has been filed against any person for whom the trustee holds legal or record title to real or personal property shall immediately furnish to the investigative agency the following: (A) The name and address of the person, as known to the trustee; (B) The name and address, as known to the trustee, of each other person for whose benefit the trustee holds title to the real or personal property; and (C) If requested by the investigative agency, a copy of the trust agreement or other instrument pursuant to which the trustee holds legal or record title to the real or personal property.
(A) The name and address of the person, as known to the trustee;
(B) The name and address, as known to the trustee, of each other person for whose benefit the trustee holds title to the real or personal property; and
(C) If requested by the investigative agency, a copy of the trust agreement or other instrument pursuant to which the trustee holds legal or record title to the real or personal property.
(2) Any trustee who fails to comply with this subsection (f) commits a Class A misdemeanor.
(g) (1) Any trustee who conveys title to real or personal property for which, at the time of the conveyance, a RICO lien notice naming a person who, to the actual knowledge of the trustee, holds a beneficial interest in the trust has been filed in the county where the real or personal property is situated is liable to the state for the greatest of: (A) The amount of proceeds received directly by the person named in the RICO lien notice; (B) The amount of proceeds received by the trustee as a result of the conveyance and distributed to the person named in the RICO lien notice; or (C) The fair market value of the interest of the person named in the RICO lien notice in the real or personal property so conveyed. (2) However, if the trustee conveys the real or personal property and holds the proceeds that would otherwise be paid or distributed to the beneficiary or at the direction of the beneficiary or the beneficiary's designee, the trustee's liability shall not exceed the amount of the proceeds so held for so long as the proceeds are held by the trustee.
(1) Any trustee who conveys title to real or personal property for which, at the time of the conveyance, a RICO lien notice naming a person who, to the actual knowledge of the trustee, holds a beneficial interest in the trust has been filed in the county where the real or personal property is situated is liable to the state for the greatest of: (A) The amount of proceeds received directly by the person named in the RICO lien notice; (B) The amount of proceeds received by the trustee as a result of the conveyance and distributed to the person named in the RICO lien notice; or (C) The fair market value of the interest of the person named in the RICO lien notice in the real or personal property so conveyed.
(A) The amount of proceeds received directly by the person named in the RICO lien notice;
(B) The amount of proceeds received by the trustee as a result of the conveyance and distributed to the person named in the RICO lien notice; or
(C) The fair market value of the interest of the person named in the RICO lien notice in the real or personal property so conveyed.
(2) However, if the trustee conveys the real or personal property and holds the proceeds that would otherwise be paid or distributed to the beneficiary or at the direction of the beneficiary or the beneficiary's designee, the trustee's liability shall not exceed the amount of the proceeds so held for so long as the proceeds are held by the trustee.
(h) The filing of a RICO lien notice shall not constitute a lien on the record title to real or personal property as owned by the trustee, except to the extent that the trustee is named in the RICO lien notice. The investigative agency may bring a civil proceeding in any circuit or chancery court against the trustee to recover from the trustee the amount set forth in subsection (g), and the state shall also be entitled to recover investigative costs and attorney's fees incurred by the investigative agency.
(i) The filing of a RICO lien notice shall not affect the use to which real or personal property or a beneficial interest owned by the person named in the RICO lien notice may be put, or the right of the person to receive any rents, or other proceeds resulting from the use and ownership, but not the sale, of the property, until a judgment of forfeiture is entered.
(j) (1) This section shall not apply to any conveyance by a trustee pursuant to a court order, unless such court order is entered in an action between the trustee and beneficiary. (2) Unless the trustee has actual knowledge that a person owning a beneficial interest in the trust is named in a RICO lien notice or is otherwise a defendant in a civil proceeding, this section shall not apply to: (A) Any conveyance by the trustee required under the terms of the trust agreement, which trust agreement is a matter of public record prior to the filing of the RICO lien notice; or (B) Any conveyance by the trustee to all of the persons who own beneficial interests in the trust.
(1) This section shall not apply to any conveyance by a trustee pursuant to a court order, unless such court order is entered in an action between the trustee and beneficiary.
(2) Unless the trustee has actual knowledge that a person owning a beneficial interest in the trust is named in a RICO lien notice or is otherwise a defendant in a civil proceeding, this section shall not apply to: (A) Any conveyance by the trustee required under the terms of the trust agreement, which trust agreement is a matter of public record prior to the filing of the RICO lien notice; or (B) Any conveyance by the trustee to all of the persons who own beneficial interests in the trust.
(A) Any conveyance by the trustee required under the terms of the trust agreement, which trust agreement is a matter of public record prior to the filing of the RICO lien notice; or
(B) Any conveyance by the trustee to all of the persons who own beneficial interests in the trust.
(k) Upon the entry of a final judgment of forfeiture in favor of the state of Tennessee, the title of the state to the forfeited property shall: (1) In the case of real property, or a beneficial interest in the real property, relate back to the date of filing of the RICO lien notice in the official records of the county where the real property or a beneficial interest in the real property is located; and if no RICO lien notice is filed, then to the date of the filing of any notice of lis pendens under subsection (e) in the official records of the county where the real property or a beneficial interest in it is located; and if no RICO lien notice or notice of lis pendens is filed, then to the date of the recording of the final judgment of forfeiture in the official records of the county where the real property or a beneficial interest in the real property is located; and (2) In the case of personal property, or a beneficial interest in it, relate back to the date the personal property or the beneficial interest in it was seized by the state, or the date of filing of the RICO lien notice in the official records of the county where the personal property or a beneficial interest in the personal property is located; but if the property was not seized and no RICO lien notice was filed, then to the date of the recording of the final judgment of forfeiture in the official records of the county where the personal property, or a beneficial interest in the personal property, is located.
(1) In the case of real property, or a beneficial interest in the real property, relate back to the date of filing of the RICO lien notice in the official records of the county where the real property or a beneficial interest in the real property is located; and if no RICO lien notice is filed, then to the date of the filing of any notice of lis pendens under subsection (e) in the official records of the county where the real property or a beneficial interest in it is located; and if no RICO lien notice or notice of lis pendens is filed, then to the date of the recording of the final judgment of forfeiture in the official records of the county where the real property or a beneficial interest in the real property is located; and
(2) In the case of personal property, or a beneficial interest in it, relate back to the date the personal property or the beneficial interest in it was seized by the state, or the date of filing of the RICO lien notice in the official records of the county where the personal property or a beneficial interest in the personal property is located; but if the property was not seized and no RICO lien notice was filed, then to the date of the recording of the final judgment of forfeiture in the official records of the county where the personal property, or a beneficial interest in the personal property, is located.
(l) If real or personal property, or a beneficial interest in the real or personal property, subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of the RICO lien notice, or after the filing of a civil proceeding or criminal proceeding, whichever is earlier, the attorney general and reporter may institute an action in any circuit or chancery court against the person named in the RICO lien notice or the defendant in the civil proceeding or criminal proceeding; and the court shall enter final judgment against the person named in the RICO lien notice or the defendant in the civil proceeding or criminal proceeding in an amount equal to the fair market value of the property or any beneficial interest in the real or personal property, together with investigative costs and attorney's fees incurred by the investigative agency in the action. If a civil proceeding is pending, such action shall be filed only in the court where such civil proceeding is pending.
(m) If real or personal property, or a beneficial interest in the real or personal property, subject to forfeiture is conveyed, alienated, or otherwise disposed of after the filing of the RICO lien notice, or after the filing of a civil proceeding or criminal proceeding, whichever is earlier, the state may treat the disposal as a fraudulent and preferential conveyance.
(n) Notwithstanding any other provision of this section, any person who has perfected a security interest in real or personal property, or a beneficial interest in it, for the payment of an enforceable debt or other similar obligation prior to the filing of a RICO lien notice or a lis pendens in reference to the property or interest may foreclose the interest as otherwise provided by law. The foreclosure of the interest shall, insofar as it is practicable, be made in such a fashion that it will not otherwise interfere with a forfeiture under this part.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-703 — TN Code / Title 39 / Chapter 17 / Section 39-17-703
Receiving, possessing, and transporting alcoholic beverages
Status: in_force

(a) No person, unless authorized to do so under title 57, shall receive, possess or transport with the intent to redistribute or resell in this state any intoxicating liquor that has not had all taxes attributable to the intoxicating liquor paid. (b) It shall be inferred that any receipt, possession, or transportation of more than five (5) gallons of intoxicating liquors that is not accompanied by a receipt or documentation from an entity holding a license issued under § 57-3-203 , § 57-3-204 , § 57-3-207 or § 57-3-218 is for the purpose of resale or distribution. (c) No person, unless authorized to do so pursuant to title 57, shall receive, possess, or transport an intoxicating liquor with the intent to deliver the intoxicating liquor to customers resulting in a fee or service charge. (d) A violation of this section is a Class A misdemeanor. Amended by 2016 Tenn. Acts, ch. 1045,s 1, eff. 4/28/2016. Acts 1989, ch. 591, § 1; 2009, ch. 434, §§ 1, 2; 2011, ch. 451, § 3.
(a) No person, unless authorized to do so under title 57, shall receive, possess or transport with the intent to redistribute or resell in this state any intoxicating liquor that has not had all taxes attributable to the intoxicating liquor paid.
(b) It shall be inferred that any receipt, possession, or transportation of more than five (5) gallons of intoxicating liquors that is not accompanied by a receipt or documentation from an entity holding a license issued under § 57-3-203 , § 57-3-204 , § 57-3-207 or § 57-3-218 is for the purpose of resale or distribution.
(c) No person, unless authorized to do so pursuant to title 57, shall receive, possess, or transport an intoxicating liquor with the intent to deliver the intoxicating liquor to customers resulting in a fee or service charge.
(d) A violation of this section is a Class A misdemeanor.
Amended by 2016 Tenn. Acts, ch. 1045,s 1, eff. 4/28/2016.
Acts 1989, ch. 591, § 1; 2009, ch. 434, §§ 1, 2; 2011, ch. 451, § 3.
Tenn. Code Ann. § 39-13-519 — TN Code / Title 39 / Chapter 13 / Section 39-13-519
Forensic medical examination of victims of sexually oriented crime - Protocol for collection and processing of sexual assault evidence kits and hold kits - Electronic tracking system - Notification regarding DNA sample and match
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Forensic medical examination" means an examination by any healthcare provider who provides medical care and gathers evidence of a sexually oriented crime in a manner suitable for use in a court of law, provided to a victim reporting a sexually oriented crime to a healthcare provider; (2) "Hold kit" means a sexual assault evidence collection kit of an adult victim that is coded with a number rather than a name pending the victim's decision to report the crime to law enforcement authorities, and has not been submitted to the state crime lab or similar qualified laboratory; (3) "Law enforcement agency" means: (A) An established state or local agency that: (i) Is responsible and has the duty to prevent and detect crime and enforce laws or local ordinances; and (ii) Has employees who are authorized to make arrests for crimes while acting within the scope of their authority; and (B) A campus security force created by an institution of higher education pursuant to § 49-7-118 ; (4) "Sexual assault evidence collection kit" means evidence collected from the victim of a sexually oriented crime with a sexual assault evidence collection kit provided by the state; (5) "Sexually oriented crime" means those crimes listed in § 29-13-118(b) ; and (6) "Victim" means a victim of a sexually oriented crime as defined in § 29-13-118(b) . (b) A victim of a sexually-oriented crime is entitled to a forensic medical examination without charge to the victim as provided in § 29-13-118 . Within twenty-four (24) hours of the conclusion of the forensic examination, the healthcare provider shall notify the applicable law enforcement agency that a sexual assault evidence collection kit or hold kit is ready for release. Within seven (7) days of being notified, the law enforcement agency shall pick up the sexual assault evidence collection kit or hold kit for storage or transmission to the state crime lab or other similar qualified laboratory for either serology or deoxyribonucleic acid (DNA) testing. (c) (1) If an adult victim elects not to report the alleged offense to police at the time of the forensic medical examination, the sexual assault evidence collection kit becomes a hold kit, and the healthcare provider shall assign a number to identify the kit rather than use the victim's name. The healthcare provider shall provide the victim with the identifying number placed on the victim's hold kit; information about where and how long the kit will be stored; procedures for making a police report and information about the electronic tracking system procured by the Tennessee bureau of investigation pursuant to § 38-6-128 ; contact information for local rape crisis centers, if any; and a copy of the rights of a victim of a sexually-oriented crime as set forth in § 40-38-119 . The hold kit must be released to the appropriate law enforcement agency for storage pursuant to subdivision (d)(2). Once a victim makes a police report, the law enforcement agency shall change the kit status in the system prior to submitting the kit to the state crime lab or other similar qualified laboratory for either serology or DNA testing. (2) If an adult victim reports the alleged offense to the police, or the victim is a minor, the healthcare provider shall attach the victim's name to the sexual assault evidence collection kit, and it shall be released to the appropriate law enforcement agency. (d) (1) The law enforcement agency shall, within thirty (30) days of taking possession of the sexual assault evidence collection kit with the victim's name affixed to it, submit the kit to the Tennessee bureau of investigation or similar qualified laboratory for either serology or deoxyribonucleic acid (DNA) testing. (2) Upon receipt of a hold kit with only an identification number attached to it, the law enforcement agency shall store the hold kit for a minimum of ten (10) years or until the victim makes a police report, whichever event occurs first. Once the victim makes a police report, the law enforcement agency shall have thirty (30) days from the date of the police report to send the sexual assault evidence collection kit to the state crime lab or other similar qualified laboratory for either serology or deoxyribonucleic acid (DNA) testing. However, no hold kit shall be submitted to the state crime lab or similar laboratory for testing until the victim has made a police report. (e) Beginning July 1, 2022: (1) A law enforcement agency, the state crime lab, and any other similar qualified laboratory that receives, maintains, stores, or preserves sexual assault evidence collection kits or hold kits must participate in the electronic tracking system administered by the Tennessee bureau of investigation pursuant to § 38-6-128 ; (2) A law enforcement agency receiving a sexual assault evidence collection kit after the conclusion of the forensic medical examination must provide the victim with a tracking number for the sexual assault evidence collection kit, and a copy of the pamphlet created by the Tennessee bureau of investigation pursuant to § 38-6-128 explaining how to access and use the tracking system and the victim's right to receive testing status updates of the victim's sexual assault evidence collection kit generated by the Tennessee bureau of investigation or similar qualified laboratory; and (3) A law enforcement agency receiving a sexual assault evidence collection kit or hold kit from a healthcare provider must enter the sexual assault evidence collection kit or hold kit into the tracking system within ten (10) days of receipt of the evidence from the healthcare provider. The location and status of the evidence must be updated in the tracking system by the law enforcement agency and the state crime lab or other similar qualified laboratory taking possession of the kit at each step of the process, including submission of the evidence to the laboratory for testing, laboratory testing status, and evidence disposition following laboratory testing. (f) Upon receipt of DNA data analysis results from the Tennessee bureau of investigation pursuant to § 38-6-113(d) or similar qualified laboratory, the investigating agency must, upon a victim's request and within a reasonable time, notify the victim of whether a DNA sample was obtained from the analysis and whether the analysis resulted in a match to a DNA profile in state or federal databases, unless disclosure of the information would impede or compromise the investigation. Amended by 2021 Tenn. Acts, ch. 362, Secs.s6, s7, eff. 5/11/2021 and Secs.s3, s4, s5 eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 362, s 2, eff. 7/1/2021. Added by 2015 Tenn. Acts, ch. 253, s 1, eff. 4/24/2015.
(a) As used in this section, unless the context otherwise requires: (1) "Forensic medical examination" means an examination by any healthcare provider who provides medical care and gathers evidence of a sexually oriented crime in a manner suitable for use in a court of law, provided to a victim reporting a sexually oriented crime to a healthcare provider; (2) "Hold kit" means a sexual assault evidence collection kit of an adult victim that is coded with a number rather than a name pending the victim's decision to report the crime to law enforcement authorities, and has not been submitted to the state crime lab or similar qualified laboratory; (3) "Law enforcement agency" means: (A) An established state or local agency that: (i) Is responsible and has the duty to prevent and detect crime and enforce laws or local ordinances; and (ii) Has employees who are authorized to make arrests for crimes while acting within the scope of their authority; and (B) A campus security force created by an institution of higher education pursuant to § 49-7-118 ; (4) "Sexual assault evidence collection kit" means evidence collected from the victim of a sexually oriented crime with a sexual assault evidence collection kit provided by the state; (5) "Sexually oriented crime" means those crimes listed in § 29-13-118(b) ; and (6) "Victim" means a victim of a sexually oriented crime as defined in § 29-13-118(b) .
(1) "Forensic medical examination" means an examination by any healthcare provider who provides medical care and gathers evidence of a sexually oriented crime in a manner suitable for use in a court of law, provided to a victim reporting a sexually oriented crime to a healthcare provider;
(2) "Hold kit" means a sexual assault evidence collection kit of an adult victim that is coded with a number rather than a name pending the victim's decision to report the crime to law enforcement authorities, and has not been submitted to the state crime lab or similar qualified laboratory;
(3) "Law enforcement agency" means: (A) An established state or local agency that: (i) Is responsible and has the duty to prevent and detect crime and enforce laws or local ordinances; and (ii) Has employees who are authorized to make arrests for crimes while acting within the scope of their authority; and (B) A campus security force created by an institution of higher education pursuant to § 49-7-118 ;
(A) An established state or local agency that: (i) Is responsible and has the duty to prevent and detect crime and enforce laws or local ordinances; and (ii) Has employees who are authorized to make arrests for crimes while acting within the scope of their authority; and
(i) Is responsible and has the duty to prevent and detect crime and enforce laws or local ordinances; and
(ii) Has employees who are authorized to make arrests for crimes while acting within the scope of their authority; and
(B) A campus security force created by an institution of higher education pursuant to § 49-7-118 ;
(4) "Sexual assault evidence collection kit" means evidence collected from the victim of a sexually oriented crime with a sexual assault evidence collection kit provided by the state;
(5) "Sexually oriented crime" means those crimes listed in § 29-13-118(b) ; and
(6) "Victim" means a victim of a sexually oriented crime as defined in § 29-13-118(b) .
(b) A victim of a sexually-oriented crime is entitled to a forensic medical examination without charge to the victim as provided in § 29-13-118 . Within twenty-four (24) hours of the conclusion of the forensic examination, the healthcare provider shall notify the applicable law enforcement agency that a sexual assault evidence collection kit or hold kit is ready for release. Within seven (7) days of being notified, the law enforcement agency shall pick up the sexual assault evidence collection kit or hold kit for storage or transmission to the state crime lab or other similar qualified laboratory for either serology or deoxyribonucleic acid (DNA) testing.
(c) (1) If an adult victim elects not to report the alleged offense to police at the time of the forensic medical examination, the sexual assault evidence collection kit becomes a hold kit, and the healthcare provider shall assign a number to identify the kit rather than use the victim's name. The healthcare provider shall provide the victim with the identifying number placed on the victim's hold kit; information about where and how long the kit will be stored; procedures for making a police report and information about the electronic tracking system procured by the Tennessee bureau of investigation pursuant to § 38-6-128 ; contact information for local rape crisis centers, if any; and a copy of the rights of a victim of a sexually-oriented crime as set forth in § 40-38-119 . The hold kit must be released to the appropriate law enforcement agency for storage pursuant to subdivision (d)(2). Once a victim makes a police report, the law enforcement agency shall change the kit status in the system prior to submitting the kit to the state crime lab or other similar qualified laboratory for either serology or DNA testing. (2) If an adult victim reports the alleged offense to the police, or the victim is a minor, the healthcare provider shall attach the victim's name to the sexual assault evidence collection kit, and it shall be released to the appropriate law enforcement agency.
(1) If an adult victim elects not to report the alleged offense to police at the time of the forensic medical examination, the sexual assault evidence collection kit becomes a hold kit, and the healthcare provider shall assign a number to identify the kit rather than use the victim's name. The healthcare provider shall provide the victim with the identifying number placed on the victim's hold kit; information about where and how long the kit will be stored; procedures for making a police report and information about the electronic tracking system procured by the Tennessee bureau of investigation pursuant to § 38-6-128 ; contact information for local rape crisis centers, if any; and a copy of the rights of a victim of a sexually-oriented crime as set forth in § 40-38-119 . The hold kit must be released to the appropriate law enforcement agency for storage pursuant to subdivision (d)(2). Once a victim makes a police report, the law enforcement agency shall change the kit status in the system prior to submitting the kit to the state crime lab or other similar qualified laboratory for either serology or DNA testing.
(2) If an adult victim reports the alleged offense to the police, or the victim is a minor, the healthcare provider shall attach the victim's name to the sexual assault evidence collection kit, and it shall be released to the appropriate law enforcement agency.
(d) (1) The law enforcement agency shall, within thirty (30) days of taking possession of the sexual assault evidence collection kit with the victim's name affixed to it, submit the kit to the Tennessee bureau of investigation or similar qualified laboratory for either serology or deoxyribonucleic acid (DNA) testing. (2) Upon receipt of a hold kit with only an identification number attached to it, the law enforcement agency shall store the hold kit for a minimum of ten (10) years or until the victim makes a police report, whichever event occurs first. Once the victim makes a police report, the law enforcement agency shall have thirty (30) days from the date of the police report to send the sexual assault evidence collection kit to the state crime lab or other similar qualified laboratory for either serology or deoxyribonucleic acid (DNA) testing. However, no hold kit shall be submitted to the state crime lab or similar laboratory for testing until the victim has made a police report.
(1) The law enforcement agency shall, within thirty (30) days of taking possession of the sexual assault evidence collection kit with the victim's name affixed to it, submit the kit to the Tennessee bureau of investigation or similar qualified laboratory for either serology or deoxyribonucleic acid (DNA) testing.
(2) Upon receipt of a hold kit with only an identification number attached to it, the law enforcement agency shall store the hold kit for a minimum of ten (10) years or until the victim makes a police report, whichever event occurs first. Once the victim makes a police report, the law enforcement agency shall have thirty (30) days from the date of the police report to send the sexual assault evidence collection kit to the state crime lab or other similar qualified laboratory for either serology or deoxyribonucleic acid (DNA) testing. However, no hold kit shall be submitted to the state crime lab or similar laboratory for testing until the victim has made a police report.
(e) Beginning July 1, 2022: (1) A law enforcement agency, the state crime lab, and any other similar qualified laboratory that receives, maintains, stores, or preserves sexual assault evidence collection kits or hold kits must participate in the electronic tracking system administered by the Tennessee bureau of investigation pursuant to § 38-6-128 ; (2) A law enforcement agency receiving a sexual assault evidence collection kit after the conclusion of the forensic medical examination must provide the victim with a tracking number for the sexual assault evidence collection kit, and a copy of the pamphlet created by the Tennessee bureau of investigation pursuant to § 38-6-128 explaining how to access and use the tracking system and the victim's right to receive testing status updates of the victim's sexual assault evidence collection kit generated by the Tennessee bureau of investigation or similar qualified laboratory; and (3) A law enforcement agency receiving a sexual assault evidence collection kit or hold kit from a healthcare provider must enter the sexual assault evidence collection kit or hold kit into the tracking system within ten (10) days of receipt of the evidence from the healthcare provider. The location and status of the evidence must be updated in the tracking system by the law enforcement agency and the state crime lab or other similar qualified laboratory taking possession of the kit at each step of the process, including submission of the evidence to the laboratory for testing, laboratory testing status, and evidence disposition following laboratory testing.
(1) A law enforcement agency, the state crime lab, and any other similar qualified laboratory that receives, maintains, stores, or preserves sexual assault evidence collection kits or hold kits must participate in the electronic tracking system administered by the Tennessee bureau of investigation pursuant to § 38-6-128 ;
(2) A law enforcement agency receiving a sexual assault evidence collection kit after the conclusion of the forensic medical examination must provide the victim with a tracking number for the sexual assault evidence collection kit, and a copy of the pamphlet created by the Tennessee bureau of investigation pursuant to § 38-6-128 explaining how to access and use the tracking system and the victim's right to receive testing status updates of the victim's sexual assault evidence collection kit generated by the Tennessee bureau of investigation or similar qualified laboratory; and
(3) A law enforcement agency receiving a sexual assault evidence collection kit or hold kit from a healthcare provider must enter the sexual assault evidence collection kit or hold kit into the tracking system within ten (10) days of receipt of the evidence from the healthcare provider. The location and status of the evidence must be updated in the tracking system by the law enforcement agency and the state crime lab or other similar qualified laboratory taking possession of the kit at each step of the process, including submission of the evidence to the laboratory for testing, laboratory testing status, and evidence disposition following laboratory testing.
(f) Upon receipt of DNA data analysis results from the Tennessee bureau of investigation pursuant to § 38-6-113(d) or similar qualified laboratory, the investigating agency must, upon a victim's request and within a reasonable time, notify the victim of whether a DNA sample was obtained from the analysis and whether the analysis resulted in a match to a DNA profile in state or federal databases, unless disclosure of the information would impede or compromise the investigation.
Amended by 2021 Tenn. Acts, ch. 362, Secs.s6, s7, eff. 5/11/2021 and Secs.s3, s4, s5 eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 362, s 2, eff. 7/1/2021.
Added by 2015 Tenn. Acts, ch. 253, s 1, eff. 4/24/2015.
Tenn. Code Ann. § 39-17-410 — TN Code / Title 39 / Chapter 17 / Section 39-17-410
Controlled substances in Schedule III
Status: in_force

(a) Schedule III consists of the drugs and other substances by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section. (b) Stimulants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, positional, or geometric), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Those compounds, mixtures, or preparations in dosage unit form containing any stimulant substances listed in Schedule II, which compounds, mixtures, or preparations were listed on August 25, 1971, as excepted compounds under 21 CFR 1308.32 , and any other drug of the quantitative composition shown in that list for those drugs or that is the same except that it contains a lesser quantity of controlled substances; (2) Benzphetamine; (3) Clorphentermine; (4) Clortermine; or (5) Phendimetrazine. (c) Depressants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system: (1) Any compound, mixture, or preparation containing: (A) Amobarbital; (B) Secobarbital; (C) Pentobarbital; or any salt thereof and one (1) or more other active medicinal ingredients that are not listed in any schedule; (2) Any suppository dosage form containing: (A) Amobarbital; (B) Secobarbital; (C) Pentobarbital; or any salt of these drugs and approved by the federal food and drug administration for marketing only as a suppository; (3) Any substance that contains any quantity of a derivative of barbituric acid or any salt thereof. Examples include the following drugs: (A) Aprobarbital; (B) Butabarbital (secbutabarbital); (C) Butalbital; (D) Butobarbital (butethal); (E) Talbutal; (F) Thiamylal; (G) Thiopental; or (H) Vinbarbital; (4) Chlorhexadol; (5) Embutramide; (6) Gamma hydroxybutyric acid preparations. Any drug product containing gamma hydroxybutyric acid, including its salts, isomers, and salts of isomers, for which an application is approved under § 505 of the federal Food, Drug, and Cosmetic Act ( 21 U.S.C. § 301 et seq.); (7) Ketamine, its salts, isomers, and salts of isomers Other name: (±)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone; (8) Lysergic acid; (9) Lysergic acid amide; (10) Methyprylon; (11) Perampanel, and its salts, isomers, and salts of isomers; (12) Sulfondiethylmethane; (13) Sulfonethylmethane; (14) Sulfonmethane; or (15) Tiletamine and zolazepam or any salt of tiletamine or zolazepam: (A) Other name for a tiletamine-zolazepam combination product: Telazol®; (B) Other name for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone; and (C) Other names for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo[3,4-e],[1,4]-diazepin-7(1H)-one; flupyrazapon. (d) Nalorphine. (e) Narcotic drugs, unless specifically excepted or unless listed in another schedule, means: (1) Any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below: (A) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium; (B) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one (1) or more active, non-narcotic ingredients in recognized therapeutic amounts; (C) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one (1) or more active non-narcotic ingredients in recognized therapeutic amounts; (D) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one (1) or more active non-narcotic ingredients in recognized therapeutic amounts; (E) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit, with one (1) or more active, non-narcotic ingredients in recognized therapeutic amounts; or (F) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams, with one (1) or more active, non-narcotic ingredients in recognized therapeutic amounts; (2) Any material, compound, mixture, or preparation containing any of the following narcotic drug or its salts: (A) Buprenorphine. (f) Anabolic steroids, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation containing any quantity of the following substances, including its salts, esters, and ethers: (1) Anabolic steroids: (A) 3[alpha],17[beta]-dihydroxy-5a-androstane; (B) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5a-androstane; (C) 17[alpha]-methyl-3[beta],17[beta]-dihydroxy-5a-androstane; (D) 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene; (E) 17[alpha]-methyl-[delta]1-dihydrotestosterone(17[beta]-hydroxy-17[alpha]-methyl-5[alpha]-androst-1-en-3-one Other Names: 17-[alpha]-methyl-1-testosterone; (F) 17[alpha]-methyl-4-hydroxynandrolone(17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one); (G) 1-Androstenediol (3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene); (H) 1-Androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-1-ene); (I) 4-Androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene); (J) 5-Androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene); (K) 1-Androstenedione (5[alpha]-androst-1-en-3,17-dione); (L) 4-Androstenedione (androst-4-en-3,17-dione); (M) 5-Androstenedione (androst-5-en-3,17-dione); (N) 3[Beta],17[beta]-dihydroxy-5a-androstane; (O) 13[Beta]-ethyl-17[beta]-hydroxygon-4-en-3-one; (P) Androstanedione (5[alpha]-androstan-3,17-dione); (Q) Bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one); (R) Boldenone (17[beta]-hydroxyandrost-1,4-diene-3-one); (S) Boldione (androsta-1,4-diene-3,17-dione); (T) Calusterone (7[beta],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one); (U) Clostebol (4-chloro-17[beta]-hydroxyandrost-4-en-3-one) Other Name: 4-Chlorotestosterone; (V) Dehydrochloromethyltestosterone (4-chloro-17[beta]-hydroxy-17[alpha]-methylandrost-1,4-dien-3-one); (W) [Delta]1-dihydrotestosterone (17[beta]-hydroxy-5[alpha]-androst-1-en-3-one) Other name: 1-testosterone; (X) Desoxymethyltestosterone (17[alpha]-methyl-5[alpha]-androst-2-en-17[beta]-ol) Other name: madol; (Y) 4-Dihydrotestosterone (17[beta]-hydroxyandrostan-3-one); (Z) Drostanolone (17[beta]-hydroxy-2[alpha]-methyl-5[alpha]-androstan-3-one); (AA) Ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene); (BB) Fluoxymesterone (9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-3-one); (CC) Formebolone (2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one); (DD) Furazabol (17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan); (EE) 4-Hydroxy-19-nortestosterone (4,17[beta]-dihydroxyestr-4-en-3-one); (FF) 4-Hydroxytestosterone (4,17[beta]-dihydroxyandrost-4-en-3-one); (GG) Mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one); (HH) Mesterolone (1[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one); (II) Methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-diene-3-one); (JJ) Methandranone; (KK) Methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene); (LL) Methandrostenolone; (MM) Methasterone (2[alpha],17[alpha]-dimethyl-5[alpha]-androstan-17[beta]-ol-3-one); (NN) Methenolone (1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one); (OO) Methyldienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one); (PP) Methyltestosterone (17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one); (QQ) Methyltrienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9,11-trien-3-one); (RR) Mibolerone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one); (SS) Nandrolone (17[beta]-hydroxyestr-4-en-3-one); (TT) 19-Nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione); (UU) 19-Nor-4-androstenediol (3[alpha],17[beta]-dihydroxyestr-4-ene); (VV) 19-Nor-4-androstenediol (3[beta],17[beta]-dihydroxyestr-4-ene); (WW) 19-Nor-5-androstenediol (3[alpha],17[beta]-dihydroxyestr-5-ene); (XX) 19-Nor-5-androstenediol (3[beta],17[beta]-dihydroxyestr-5-ene); (YY) 19-Nor-4-androstenedione (estr-4-en-3,17-dione); (ZZ) 19-Nor-5-androstenedione (estr-5-en-3,17-dione); (AAA) Norbolethone (13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one); (BBB) Norclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one); (CCC) Norethandrolone (17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-one); (DDD) Normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one); (EEE) Oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-2-oxa-5[alpha]-androstan-3-one); (FFF) Oxymesterone (17[alpha]-methyl-4,17[beta]-dihydroxyandrost-4-en-3-one); (GGG) Oxymetholone (17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-[5[alpha]]-androstan-3-one); (HHH) Prostanozol (17[beta]-hydroxy-5[alpha]-androstano[3,2-c]pryazole); (III) Stanolone (17[beta]-hydroxy-5alpha-androstan-3-one); (JJJ) Stanozolol (17[alpha]-methyl-17[beta]-hydroxy-[5[alpha]]-androst-2-eno[3,2-c]-pyrazole); (KKK) Stenbolone (17[beta]-hydroxy-2-methyl-[5[alpha]]-androst-1-en-3-one); (LLL) Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone); (MMM) Testosterone (17[beta]-hydroxyandrost-4-en-3-one); (NNN) Tetrahydrogestrinone (13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one); or (OOO) Trenbolone (17[beta]-hydroxyestr-4,9,11-trien-3-one). (2) Any salt, ester, or ether of a drug or substance described in this subsection (f), except such term does not include an anabolic steroid that is expressly intended for administration through implants to cattle or other nonhuman species and that has been approved by the United States secretary of health and human services for such administration. If any person prescribes, dispenses, or distributes such steroid for human use, the person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this subsection (f); or (3) Anabolic steroids with a combination of estrogens intended for administration to hormone deficient women are exempt from this rule unless such steroids are prescribed, dispensed, or distributed to women who are not hormone deficient. (g) Hallucinogenic substances: (1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States food and drug administration approved product Other names: (6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6-H-dibenzo[b,d]pyran-1-ol or (-)-delta-9-(trans)-tetrahydrocannabinol. Amended by 2018 Tenn. Acts, ch. 1040,s 7, eff. 7/1/2018. Amended by 2015 Tenn. Acts, ch. 302,s 3, eff. 7/1/2015. Acts 1989, ch. 591, § 1; 1992, ch. 700, § 3; 1996, ch. 694, §§ 1, 2; 2000, ch. 755, § 2; 2000, ch. 884, § 2; 2007, ch. 298, §§ 8-10; 2012, ch. 812, § 3.
(a) Schedule III consists of the drugs and other substances by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
(b) Stimulants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, positional, or geometric), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Those compounds, mixtures, or preparations in dosage unit form containing any stimulant substances listed in Schedule II, which compounds, mixtures, or preparations were listed on August 25, 1971, as excepted compounds under 21 CFR 1308.32 , and any other drug of the quantitative composition shown in that list for those drugs or that is the same except that it contains a lesser quantity of controlled substances; (2) Benzphetamine; (3) Clorphentermine; (4) Clortermine; or (5) Phendimetrazine.
(1) Those compounds, mixtures, or preparations in dosage unit form containing any stimulant substances listed in Schedule II, which compounds, mixtures, or preparations were listed on August 25, 1971, as excepted compounds under 21 CFR 1308.32 , and any other drug of the quantitative composition shown in that list for those drugs or that is the same except that it contains a lesser quantity of controlled substances;
(2) Benzphetamine;
(3) Clorphentermine;
(4) Clortermine; or
(5) Phendimetrazine.
(c) Depressants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system: (1) Any compound, mixture, or preparation containing: (A) Amobarbital; (B) Secobarbital; (C) Pentobarbital; or any salt thereof and one (1) or more other active medicinal ingredients that are not listed in any schedule; (2) Any suppository dosage form containing: (A) Amobarbital; (B) Secobarbital; (C) Pentobarbital; or any salt of these drugs and approved by the federal food and drug administration for marketing only as a suppository; (3) Any substance that contains any quantity of a derivative of barbituric acid or any salt thereof. Examples include the following drugs: (A) Aprobarbital; (B) Butabarbital (secbutabarbital); (C) Butalbital; (D) Butobarbital (butethal); (E) Talbutal; (F) Thiamylal; (G) Thiopental; or (H) Vinbarbital; (4) Chlorhexadol; (5) Embutramide; (6) Gamma hydroxybutyric acid preparations. Any drug product containing gamma hydroxybutyric acid, including its salts, isomers, and salts of isomers, for which an application is approved under § 505 of the federal Food, Drug, and Cosmetic Act ( 21 U.S.C. § 301 et seq.); (7) Ketamine, its salts, isomers, and salts of isomers Other name: (±)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone; (8) Lysergic acid; (9) Lysergic acid amide; (10) Methyprylon; (11) Perampanel, and its salts, isomers, and salts of isomers; (12) Sulfondiethylmethane; (13) Sulfonethylmethane; (14) Sulfonmethane; or (15) Tiletamine and zolazepam or any salt of tiletamine or zolazepam: (A) Other name for a tiletamine-zolazepam combination product: Telazol®; (B) Other name for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone; and (C) Other names for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo[3,4-e],[1,4]-diazepin-7(1H)-one; flupyrazapon.
(1) Any compound, mixture, or preparation containing: (A) Amobarbital; (B) Secobarbital; (C) Pentobarbital; or any salt thereof and one (1) or more other active medicinal ingredients that are not listed in any schedule;
(A) Amobarbital;
(B) Secobarbital;
(C) Pentobarbital; or any salt thereof and one (1) or more other active medicinal ingredients that are not listed in any schedule;
or any salt thereof and one (1) or more other active medicinal ingredients that are not listed in any schedule;
(2) Any suppository dosage form containing: (A) Amobarbital; (B) Secobarbital; (C) Pentobarbital; or any salt of these drugs and approved by the federal food and drug administration for marketing only as a suppository;
(A) Amobarbital;
(B) Secobarbital;
(C) Pentobarbital; or any salt of these drugs and approved by the federal food and drug administration for marketing only as a suppository;
or any salt of these drugs and approved by the federal food and drug administration for marketing only as a suppository;
(3) Any substance that contains any quantity of a derivative of barbituric acid or any salt thereof. Examples include the following drugs: (A) Aprobarbital; (B) Butabarbital (secbutabarbital); (C) Butalbital; (D) Butobarbital (butethal); (E) Talbutal; (F) Thiamylal; (G) Thiopental; or (H) Vinbarbital;
(A) Aprobarbital;
(B) Butabarbital (secbutabarbital);
(C) Butalbital;
(D) Butobarbital (butethal);
(E) Talbutal;
(F) Thiamylal;
(G) Thiopental; or
(H) Vinbarbital;
(4) Chlorhexadol;
(5) Embutramide;
(6) Gamma hydroxybutyric acid preparations. Any drug product containing gamma hydroxybutyric acid, including its salts, isomers, and salts of isomers, for which an application is approved under § 505 of the federal Food, Drug, and Cosmetic Act ( 21 U.S.C. § 301 et seq.);
(7) Ketamine, its salts, isomers, and salts of isomers Other name: (±)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;
Other name: (±)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;
(8) Lysergic acid;
(9) Lysergic acid amide;
(10) Methyprylon;
(11) Perampanel, and its salts, isomers, and salts of isomers;
(12) Sulfondiethylmethane;
(13) Sulfonethylmethane;
(14) Sulfonmethane; or
(15) Tiletamine and zolazepam or any salt of tiletamine or zolazepam: (A) Other name for a tiletamine-zolazepam combination product: Telazol®; (B) Other name for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone; and (C) Other names for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo[3,4-e],[1,4]-diazepin-7(1H)-one; flupyrazapon.
(A) Other name for a tiletamine-zolazepam combination product: Telazol®;
(B) Other name for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone; and
(C) Other names for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo[3,4-e],[1,4]-diazepin-7(1H)-one; flupyrazapon.
(d) Nalorphine.
(e) Narcotic drugs, unless specifically excepted or unless listed in another schedule, means: (1) Any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below: (A) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium; (B) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one (1) or more active, non-narcotic ingredients in recognized therapeutic amounts; (C) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one (1) or more active non-narcotic ingredients in recognized therapeutic amounts; (D) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one (1) or more active non-narcotic ingredients in recognized therapeutic amounts; (E) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit, with one (1) or more active, non-narcotic ingredients in recognized therapeutic amounts; or (F) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams, with one (1) or more active, non-narcotic ingredients in recognized therapeutic amounts; (2) Any material, compound, mixture, or preparation containing any of the following narcotic drug or its salts: (A) Buprenorphine.
(1) Any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below: (A) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium; (B) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one (1) or more active, non-narcotic ingredients in recognized therapeutic amounts; (C) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one (1) or more active non-narcotic ingredients in recognized therapeutic amounts; (D) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one (1) or more active non-narcotic ingredients in recognized therapeutic amounts; (E) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit, with one (1) or more active, non-narcotic ingredients in recognized therapeutic amounts; or (F) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams, with one (1) or more active, non-narcotic ingredients in recognized therapeutic amounts;
(A) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
(B) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one (1) or more active, non-narcotic ingredients in recognized therapeutic amounts;
(C) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one (1) or more active non-narcotic ingredients in recognized therapeutic amounts;
(D) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one (1) or more active non-narcotic ingredients in recognized therapeutic amounts;
(E) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit, with one (1) or more active, non-narcotic ingredients in recognized therapeutic amounts; or
(F) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams, with one (1) or more active, non-narcotic ingredients in recognized therapeutic amounts;
(2) Any material, compound, mixture, or preparation containing any of the following narcotic drug or its salts: (A) Buprenorphine.
(A) Buprenorphine.
(f) Anabolic steroids, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation containing any quantity of the following substances, including its salts, esters, and ethers: (1) Anabolic steroids: (A) 3[alpha],17[beta]-dihydroxy-5a-androstane; (B) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5a-androstane; (C) 17[alpha]-methyl-3[beta],17[beta]-dihydroxy-5a-androstane; (D) 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene; (E) 17[alpha]-methyl-[delta]1-dihydrotestosterone(17[beta]-hydroxy-17[alpha]-methyl-5[alpha]-androst-1-en-3-one Other Names: 17-[alpha]-methyl-1-testosterone; (F) 17[alpha]-methyl-4-hydroxynandrolone(17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one); (G) 1-Androstenediol (3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene); (H) 1-Androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-1-ene); (I) 4-Androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene); (J) 5-Androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene); (K) 1-Androstenedione (5[alpha]-androst-1-en-3,17-dione); (L) 4-Androstenedione (androst-4-en-3,17-dione); (M) 5-Androstenedione (androst-5-en-3,17-dione); (N) 3[Beta],17[beta]-dihydroxy-5a-androstane; (O) 13[Beta]-ethyl-17[beta]-hydroxygon-4-en-3-one; (P) Androstanedione (5[alpha]-androstan-3,17-dione); (Q) Bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one); (R) Boldenone (17[beta]-hydroxyandrost-1,4-diene-3-one); (S) Boldione (androsta-1,4-diene-3,17-dione); (T) Calusterone (7[beta],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one); (U) Clostebol (4-chloro-17[beta]-hydroxyandrost-4-en-3-one) Other Name: 4-Chlorotestosterone; (V) Dehydrochloromethyltestosterone (4-chloro-17[beta]-hydroxy-17[alpha]-methylandrost-1,4-dien-3-one); (W) [Delta]1-dihydrotestosterone (17[beta]-hydroxy-5[alpha]-androst-1-en-3-one) Other name: 1-testosterone; (X) Desoxymethyltestosterone (17[alpha]-methyl-5[alpha]-androst-2-en-17[beta]-ol) Other name: madol; (Y) 4-Dihydrotestosterone (17[beta]-hydroxyandrostan-3-one); (Z) Drostanolone (17[beta]-hydroxy-2[alpha]-methyl-5[alpha]-androstan-3-one); (AA) Ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene); (BB) Fluoxymesterone (9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-3-one); (CC) Formebolone (2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one); (DD) Furazabol (17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan); (EE) 4-Hydroxy-19-nortestosterone (4,17[beta]-dihydroxyestr-4-en-3-one); (FF) 4-Hydroxytestosterone (4,17[beta]-dihydroxyandrost-4-en-3-one); (GG) Mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one); (HH) Mesterolone (1[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one); (II) Methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-diene-3-one); (JJ) Methandranone; (KK) Methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene); (LL) Methandrostenolone; (MM) Methasterone (2[alpha],17[alpha]-dimethyl-5[alpha]-androstan-17[beta]-ol-3-one); (NN) Methenolone (1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one); (OO) Methyldienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one); (PP) Methyltestosterone (17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one); (QQ) Methyltrienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9,11-trien-3-one); (RR) Mibolerone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one); (SS) Nandrolone (17[beta]-hydroxyestr-4-en-3-one); (TT) 19-Nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione); (UU) 19-Nor-4-androstenediol (3[alpha],17[beta]-dihydroxyestr-4-ene); (VV) 19-Nor-4-androstenediol (3[beta],17[beta]-dihydroxyestr-4-ene); (WW) 19-Nor-5-androstenediol (3[alpha],17[beta]-dihydroxyestr-5-ene); (XX) 19-Nor-5-androstenediol (3[beta],17[beta]-dihydroxyestr-5-ene); (YY) 19-Nor-4-androstenedione (estr-4-en-3,17-dione); (ZZ) 19-Nor-5-androstenedione (estr-5-en-3,17-dione); (AAA) Norbolethone (13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one); (BBB) Norclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one); (CCC) Norethandrolone (17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-one); (DDD) Normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one); (EEE) Oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-2-oxa-5[alpha]-androstan-3-one); (FFF) Oxymesterone (17[alpha]-methyl-4,17[beta]-dihydroxyandrost-4-en-3-one); (GGG) Oxymetholone (17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-[5[alpha]]-androstan-3-one); (HHH) Prostanozol (17[beta]-hydroxy-5[alpha]-androstano[3,2-c]pryazole); (III) Stanolone (17[beta]-hydroxy-5alpha-androstan-3-one); (JJJ) Stanozolol (17[alpha]-methyl-17[beta]-hydroxy-[5[alpha]]-androst-2-eno[3,2-c]-pyrazole); (KKK) Stenbolone (17[beta]-hydroxy-2-methyl-[5[alpha]]-androst-1-en-3-one); (LLL) Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone); (MMM) Testosterone (17[beta]-hydroxyandrost-4-en-3-one); (NNN) Tetrahydrogestrinone (13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one); or (OOO) Trenbolone (17[beta]-hydroxyestr-4,9,11-trien-3-one). (2) Any salt, ester, or ether of a drug or substance described in this subsection (f), except such term does not include an anabolic steroid that is expressly intended for administration through implants to cattle or other nonhuman species and that has been approved by the United States secretary of health and human services for such administration. If any person prescribes, dispenses, or distributes such steroid for human use, the person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this subsection (f); or (3) Anabolic steroids with a combination of estrogens intended for administration to hormone deficient women are exempt from this rule unless such steroids are prescribed, dispensed, or distributed to women who are not hormone deficient.
(1) Anabolic steroids: (A) 3[alpha],17[beta]-dihydroxy-5a-androstane; (B) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5a-androstane; (C) 17[alpha]-methyl-3[beta],17[beta]-dihydroxy-5a-androstane; (D) 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene; (E) 17[alpha]-methyl-[delta]1-dihydrotestosterone(17[beta]-hydroxy-17[alpha]-methyl-5[alpha]-androst-1-en-3-one Other Names: 17-[alpha]-methyl-1-testosterone; (F) 17[alpha]-methyl-4-hydroxynandrolone(17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one); (G) 1-Androstenediol (3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene); (H) 1-Androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-1-ene); (I) 4-Androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene); (J) 5-Androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene); (K) 1-Androstenedione (5[alpha]-androst-1-en-3,17-dione); (L) 4-Androstenedione (androst-4-en-3,17-dione); (M) 5-Androstenedione (androst-5-en-3,17-dione); (N) 3[Beta],17[beta]-dihydroxy-5a-androstane; (O) 13[Beta]-ethyl-17[beta]-hydroxygon-4-en-3-one; (P) Androstanedione (5[alpha]-androstan-3,17-dione); (Q) Bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one); (R) Boldenone (17[beta]-hydroxyandrost-1,4-diene-3-one); (S) Boldione (androsta-1,4-diene-3,17-dione); (T) Calusterone (7[beta],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one); (U) Clostebol (4-chloro-17[beta]-hydroxyandrost-4-en-3-one) Other Name: 4-Chlorotestosterone; (V) Dehydrochloromethyltestosterone (4-chloro-17[beta]-hydroxy-17[alpha]-methylandrost-1,4-dien-3-one); (W) [Delta]1-dihydrotestosterone (17[beta]-hydroxy-5[alpha]-androst-1-en-3-one) Other name: 1-testosterone; (X) Desoxymethyltestosterone (17[alpha]-methyl-5[alpha]-androst-2-en-17[beta]-ol) Other name: madol; (Y) 4-Dihydrotestosterone (17[beta]-hydroxyandrostan-3-one); (Z) Drostanolone (17[beta]-hydroxy-2[alpha]-methyl-5[alpha]-androstan-3-one); (AA) Ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene); (BB) Fluoxymesterone (9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-3-one); (CC) Formebolone (2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one); (DD) Furazabol (17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan); (EE) 4-Hydroxy-19-nortestosterone (4,17[beta]-dihydroxyestr-4-en-3-one); (FF) 4-Hydroxytestosterone (4,17[beta]-dihydroxyandrost-4-en-3-one); (GG) Mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one); (HH) Mesterolone (1[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one); (II) Methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-diene-3-one); (JJ) Methandranone; (KK) Methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene); (LL) Methandrostenolone; (MM) Methasterone (2[alpha],17[alpha]-dimethyl-5[alpha]-androstan-17[beta]-ol-3-one); (NN) Methenolone (1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one); (OO) Methyldienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one); (PP) Methyltestosterone (17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one); (QQ) Methyltrienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9,11-trien-3-one); (RR) Mibolerone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one); (SS) Nandrolone (17[beta]-hydroxyestr-4-en-3-one); (TT) 19-Nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione); (UU) 19-Nor-4-androstenediol (3[alpha],17[beta]-dihydroxyestr-4-ene); (VV) 19-Nor-4-androstenediol (3[beta],17[beta]-dihydroxyestr-4-ene); (WW) 19-Nor-5-androstenediol (3[alpha],17[beta]-dihydroxyestr-5-ene); (XX) 19-Nor-5-androstenediol (3[beta],17[beta]-dihydroxyestr-5-ene); (YY) 19-Nor-4-androstenedione (estr-4-en-3,17-dione); (ZZ) 19-Nor-5-androstenedione (estr-5-en-3,17-dione); (AAA) Norbolethone (13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one); (BBB) Norclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one); (CCC) Norethandrolone (17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-one); (DDD) Normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one); (EEE) Oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-2-oxa-5[alpha]-androstan-3-one); (FFF) Oxymesterone (17[alpha]-methyl-4,17[beta]-dihydroxyandrost-4-en-3-one); (GGG) Oxymetholone (17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-[5[alpha]]-androstan-3-one); (HHH) Prostanozol (17[beta]-hydroxy-5[alpha]-androstano[3,2-c]pryazole); (III) Stanolone (17[beta]-hydroxy-5alpha-androstan-3-one); (JJJ) Stanozolol (17[alpha]-methyl-17[beta]-hydroxy-[5[alpha]]-androst-2-eno[3,2-c]-pyrazole); (KKK) Stenbolone (17[beta]-hydroxy-2-methyl-[5[alpha]]-androst-1-en-3-one); (LLL) Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone); (MMM) Testosterone (17[beta]-hydroxyandrost-4-en-3-one); (NNN) Tetrahydrogestrinone (13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one); or (OOO) Trenbolone (17[beta]-hydroxyestr-4,9,11-trien-3-one).
(A) 3[alpha],17[beta]-dihydroxy-5a-androstane;
(B) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5a-androstane;
(C) 17[alpha]-methyl-3[beta],17[beta]-dihydroxy-5a-androstane;
(D) 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene;
(E) 17[alpha]-methyl-[delta]1-dihydrotestosterone(17[beta]-hydroxy-17[alpha]-methyl-5[alpha]-androst-1-en-3-one Other Names: 17-[alpha]-methyl-1-testosterone;
Other Names: 17-[alpha]-methyl-1-testosterone;
(F) 17[alpha]-methyl-4-hydroxynandrolone(17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one);
(G) 1-Androstenediol (3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene);
(H) 1-Androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-1-ene);
(I) 4-Androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene);
(J) 5-Androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene);
(K) 1-Androstenedione (5[alpha]-androst-1-en-3,17-dione);
(L) 4-Androstenedione (androst-4-en-3,17-dione);
(M) 5-Androstenedione (androst-5-en-3,17-dione);
(N) 3[Beta],17[beta]-dihydroxy-5a-androstane;
(O) 13[Beta]-ethyl-17[beta]-hydroxygon-4-en-3-one;
(P) Androstanedione (5[alpha]-androstan-3,17-dione);
(Q) Bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);
(R) Boldenone (17[beta]-hydroxyandrost-1,4-diene-3-one);
(S) Boldione (androsta-1,4-diene-3,17-dione);
(T) Calusterone (7[beta],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);
(U) Clostebol (4-chloro-17[beta]-hydroxyandrost-4-en-3-one) Other Name: 4-Chlorotestosterone;
Other Name: 4-Chlorotestosterone;
(V) Dehydrochloromethyltestosterone (4-chloro-17[beta]-hydroxy-17[alpha]-methylandrost-1,4-dien-3-one);
(W) [Delta]1-dihydrotestosterone (17[beta]-hydroxy-5[alpha]-androst-1-en-3-one) Other name: 1-testosterone;
Other name: 1-testosterone;
(X) Desoxymethyltestosterone (17[alpha]-methyl-5[alpha]-androst-2-en-17[beta]-ol) Other name: madol;
Other name: madol;
(Y) 4-Dihydrotestosterone (17[beta]-hydroxyandrostan-3-one);
(Z) Drostanolone (17[beta]-hydroxy-2[alpha]-methyl-5[alpha]-androstan-3-one);
(AA) Ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene);
(BB) Fluoxymesterone (9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-3-one);
(CC) Formebolone (2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one);
(DD) Furazabol (17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan);
(EE) 4-Hydroxy-19-nortestosterone (4,17[beta]-dihydroxyestr-4-en-3-one);
(FF) 4-Hydroxytestosterone (4,17[beta]-dihydroxyandrost-4-en-3-one);
(GG) Mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one);
(HH) Mesterolone (1[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one);
(II) Methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-diene-3-one);
(JJ) Methandranone;
(KK) Methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene);
(LL) Methandrostenolone;
(MM) Methasterone (2[alpha],17[alpha]-dimethyl-5[alpha]-androstan-17[beta]-ol-3-one);
(NN) Methenolone (1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);
(OO) Methyldienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one);
(PP) Methyltestosterone (17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one);
(QQ) Methyltrienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9,11-trien-3-one);
(RR) Mibolerone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one);
(SS) Nandrolone (17[beta]-hydroxyestr-4-en-3-one);
(TT) 19-Nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione);
(UU) 19-Nor-4-androstenediol (3[alpha],17[beta]-dihydroxyestr-4-ene);
(VV) 19-Nor-4-androstenediol (3[beta],17[beta]-dihydroxyestr-4-ene);
(WW) 19-Nor-5-androstenediol (3[alpha],17[beta]-dihydroxyestr-5-ene);
(XX) 19-Nor-5-androstenediol (3[beta],17[beta]-dihydroxyestr-5-ene);
(YY) 19-Nor-4-androstenedione (estr-4-en-3,17-dione);
(ZZ) 19-Nor-5-androstenedione (estr-5-en-3,17-dione);
(AAA) Norbolethone (13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one);
(BBB) Norclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one);
(CCC) Norethandrolone (17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-one);
(DDD) Normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one);
(EEE) Oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-2-oxa-5[alpha]-androstan-3-one);
(FFF) Oxymesterone (17[alpha]-methyl-4,17[beta]-dihydroxyandrost-4-en-3-one);
(GGG) Oxymetholone (17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-[5[alpha]]-androstan-3-one);
(HHH) Prostanozol (17[beta]-hydroxy-5[alpha]-androstano[3,2-c]pryazole);
(III) Stanolone (17[beta]-hydroxy-5alpha-androstan-3-one);
(JJJ) Stanozolol (17[alpha]-methyl-17[beta]-hydroxy-[5[alpha]]-androst-2-eno[3,2-c]-pyrazole);
(KKK) Stenbolone (17[beta]-hydroxy-2-methyl-[5[alpha]]-androst-1-en-3-one);
(LLL) Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);
(MMM) Testosterone (17[beta]-hydroxyandrost-4-en-3-one);
(NNN) Tetrahydrogestrinone (13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one); or
(OOO) Trenbolone (17[beta]-hydroxyestr-4,9,11-trien-3-one).
(2) Any salt, ester, or ether of a drug or substance described in this subsection (f), except such term does not include an anabolic steroid that is expressly intended for administration through implants to cattle or other nonhuman species and that has been approved by the United States secretary of health and human services for such administration. If any person prescribes, dispenses, or distributes such steroid for human use, the person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this subsection (f); or
(3) Anabolic steroids with a combination of estrogens intended for administration to hormone deficient women are exempt from this rule unless such steroids are prescribed, dispensed, or distributed to women who are not hormone deficient.
(g) Hallucinogenic substances: (1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States food and drug administration approved product Other names: (6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6-H-dibenzo[b,d]pyran-1-ol or (-)-delta-9-(trans)-tetrahydrocannabinol.
(1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States food and drug administration approved product Other names: (6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6-H-dibenzo[b,d]pyran-1-ol or (-)-delta-9-(trans)-tetrahydrocannabinol.
Other names: (6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6-H-dibenzo[b,d]pyran-1-ol or (-)-delta-9-(trans)-tetrahydrocannabinol.
Amended by 2018 Tenn. Acts, ch. 1040,s 7, eff. 7/1/2018.
Amended by 2015 Tenn. Acts, ch. 302,s 3, eff. 7/1/2015.
Acts 1989, ch. 591, § 1; 1992, ch. 700, § 3; 1996, ch. 694, §§ 1, 2; 2000, ch. 755, § 2; 2000, ch. 884, § 2; 2007, ch. 298, §§ 8-10; 2012, ch. 812, § 3.