Tenn. Code Ann. § 39-17-402 — TN Code / Title 39 / Chapter 17 / Section 39-17-402
Definitions for this part and title 53, chapter 11, parts 3 and 4
Status: in_force

As used in this part and title 53, chapter 11, parts 3 and 4, unless the context otherwise requires: (1) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by: (A) A practitioner or by the practitioner's authorized agent in the practitioner's presence; or (B) The patient or research subject at the direction and in the presence of the practitioner; (2) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. "Agent" does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman; (3) "Bureau" means the United States drug enforcement administration, United States department of justice, or its successor agency, except when used as the Tennessee bureau of investigation; (4) "Controlled substance" means a drug, substance, or immediate precursor in Schedules I through VII of §§ 39-17-403 - 39-17-416; (5) "Counterfeit substance" means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance; (6) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship; (7) "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery; (8) "Dispenser" means a practitioner who dispenses; (9) "Distribute" means to deliver other than by administering or dispensing a controlled substance; (10) "Distributor" means a person who distributes; (11) "Drug" means: (A) Substances recognized as drugs in the United States Pharmacopoeia, official Homeopaths Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (B) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animal; (C) Substances, other than food, intended to affect the structure or any function of the body of man or animal; and (D) Substances intended for use as a component of any article specified in subdivision (11)(A), (B) or (C). "Drug" does not include devices or their components, parts, or accessories; (12) "Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled substance as defined in subdivision (4). "Drug paraphernalia" includes, but is not limited to: (A) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled substance; (B) (i) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances; (ii) [Effective until July 1, 2025.] Subdivision (12)(B)(i) does not include narcotic testing equipment used to determine whether a controlled substance contains a synthetic opioid, unless the narcotic testing equipment is possessed for purposes of the defendant's commission of an offense under § 39-17-417 . This subdivision (12)(B)(ii) is repealed on July 1, 2025; (C) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, marijuana concentrates, marijuana oil, cocaine, hashish, or hashish oil into the human body, such as: (i) Metal, acrylic, glass, stone, or plastic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (ii) Water pipes; (iii) Carburetion tubes and devices; (iv) Smoking and carburetion masks; (v) Chamber pipes; (vi) Carburetor pipes; (vii) Electric pipes; (viii) Chillums; (ix) Bongs; and (x) Ice pipes or chillers; and (D) Pill press devices and pieces of a pill press device, unless the pill press device or piece of a pill press device is used by a person or entity that lawfully possesses drug products in the course of legitimate business activities, including a pharmacy or pharmacist licensed by the board of pharmacy; a wholesale drug distributor, or its agents, licensed by the board of pharmacy; and a manufacturer of drug products, or its agents, licensed by the board of pharmacy; (13) "Immediate methamphetamine precursor" means ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers, or any drug or other product that contains a detectable quantity of ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers; (14) "Immediate precursor" means a substance that the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture; (15) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that "manufacture" does not include the preparation or compounding of a controlled substance by an individual for the individual's own use or the preparation, compounding, packaging, or labeling of a controlled substance by: (A) A practitioner as an incident to administering or dispensing a controlled substance in the course of professional practice; or (B) A practitioner, or an authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale; (16) (A) "Marijuana" means all parts of the plant cannabis, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, including concentrates and oils, its seeds or resin; (B) "Marijuana" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from the mature stalks, fiber, oil, or cake, or the sterilized seeds of the plant which are incapable of germination; (C) "Marijuana" also does not include hemp, as defined in § 43-27-101 ; (D) The term "marijuana" does not include a product approved as a prescription medication by the United States food and drug administration. Such product shall be designated, rescheduled, or deleted as a controlled substance pursuant to § 39-17-403 ; (E) The term "marijuana" does not include cannabis oil containing the substance cannabidiol, with less than six tenths of one percent (0.6%) of tetrahydrocannabinol, including the necessary seeds and plants, when manufactured, processed, transferred, dispensed, or possessed by a four-year public or private institution of higher education certified by the drug enforcement administration located in the state as part of a clinical research study on the treatment of intractable seizures, cancer, or other diseases; and (F) The term "marijuana" does not include oil containing the substance cannabidiol, with less than nine-tenths of one percent (0.9%) of tetrahydrocannabinol, if: (i) (a) The bottle containing the oil is labeled by the manufacturer as containing cannabidiol in an amount less than nine-tenths of one percent (0.9%) of tetrahydrocannabinol; and (b) The person in possession of the oil retains: (1) Proof of the legal order or recommendation from the issuing state; and (2) Proof that the person or the person's immediate family member has been diagnosed with intractable seizures or epilepsy by a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in this state; or (ii) (a) The bottle containing the oil is labeled by the manufacturer as containing cannabidiol in an amount less than nine-tenths of one percent (0.9%) of tetrahydrocannabinol on a printed label that includes the manufacturer's name and the expiration date, batch number or lot number, and tetrahydrocannabinol concentration strength of the oil; and (b) The person in possession of the oil retains: (1) Proof of the legal order or recommendation from the issuing state; (2) Proof that the person or the person's immediate family member has been diagnosed with at least one (1) of the following diseases or conditions by a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in this state: (A) Alzheimer's disease; (B) Amyotrophic lateral sclerosis (ALS); (C) Cancer, when such disease is diagnosed as end stage or the treatment produces related wasting illness, recalcitrant nausea and vomiting, or pain; (D) Inflammatory bowel disease, including Crohn's disease and ulcerative colitis; (E) Multiple sclerosis; (F) Parkinson's disease; (G) Human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS); (H) Sickle cell disease; or (I) Quadriplegia; and (3) Proof that the person or the person's immediate family member has a valid letter of attestation, as defined in § 68-7-101 ; (17) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate; (B) Any salt, compound, isomer, derivative, or preparation thereof that is chemically equivalent or identical with any of the substances referred to in subdivision (17)(A), but not including the isoquinoline alkaloids of opium; (C) Opium poppy and poppy straw; and (D) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, isomer, derivative, or preparation thereof that is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine; (18) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. "Opiate" does not include, unless specifically designated as controlled under § 39-17-403 , the dextrorotatory isomer of 3-methozy-methyl-morphinan and its salts (dextromethorphan). "Opiate" does not include its racemic and levorotatory forms; (19) "Opium poppy" means the plant of the species papaver somniferum 1 , except its seeds; (20) "Person" means an individual, corporation, governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity; (21) "Pharmacist" means a licensed pharmacist as defined by the laws of this state, and where the context so requires, the owner of a store or other place of business where controlled substances are compounded or dispensed by a licensed pharmacist; but nothing in this part or title 53, chapter 11, parts 3 and 4 shall be construed as conferring on a person who is not registered or licensed as a pharmacist any authority, right or privilege that is not granted to that person by the pharmacy laws of this state; (22) "Poppy straw" means all parts, except the seeds, of the opium poppy after mowing; (23) "Practitioner" means: (A) A physician, dentist, optometrist, veterinarian, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state; or (B) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state; (24) "Production" includes the manufacturing, planting, cultivating, growing or harvesting of a controlled substance; (25) "State," when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States; (26) "Ultimate user" means a person who lawfully possesses a controlled substance for the person's own use or for the use of a member of the person's household or for the administering to an animal owned by the person or by a member of the person's household; and (27) "Wholesaler" means a person who supplies a controlled substance that the person has not produced or prepared, on official written orders, but not on prescriptions. Amended by 2022 Tenn. Acts, ch. 804, s 1, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 1054, s 1, eff. 5/25/2022. Amended by 2022 Tenn. Acts, ch. 764, s 1, eff. 3/31/2022. Amended by 2021 Tenn. Acts, ch. 577, s 3, eff. 5/27/2021. Amended by 2021 Tenn. Acts, ch. 230, s 1, eff. 4/22/2021. Amended by 2019 Tenn. Acts, ch. 87, s 1, eff. 4/4/2019. Amended by 2018 Tenn. Acts, ch. 1041, s 1, eff. 7/1/2018. Amended by 2017 Tenn. Acts, ch. 120, s 1, eff. 4/12/2017. Amended by 2016 Tenn. Acts, ch. 1083, s 1, eff. 5/20/2016. Amended by 2016 Tenn. Acts, ch. 873, s 2, eff. 7/1/2016. Amended by 2016 Tenn. Acts, ch. 873, s 1, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 352, s 1, eff. 5/4/2015. Acts 1989, ch. 591, § 1; 1993, ch. 295, § 8; 2005, ch. 18, § 9; 2010 , ch. 1100, § 65; 2012 , ch. 575, § 2; 2012 , ch. 848, § 97; 2014 , ch. 916, § 1; 2014, ch. 936, § 1; 2015 , ch. 352, § 1.
As used in this part and title 53, chapter 11, parts 3 and 4, unless the context otherwise requires:
(1) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by: (A) A practitioner or by the practitioner's authorized agent in the practitioner's presence; or (B) The patient or research subject at the direction and in the presence of the practitioner;
(A) A practitioner or by the practitioner's authorized agent in the practitioner's presence; or
(B) The patient or research subject at the direction and in the presence of the practitioner;
(2) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. "Agent" does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman;
(3) "Bureau" means the United States drug enforcement administration, United States department of justice, or its successor agency, except when used as the Tennessee bureau of investigation;
(4) "Controlled substance" means a drug, substance, or immediate precursor in Schedules I through VII of §§ 39-17-403 - 39-17-416;
(5) "Counterfeit substance" means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance;
(6) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship;
(7) "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery;
(8) "Dispenser" means a practitioner who dispenses;
(9) "Distribute" means to deliver other than by administering or dispensing a controlled substance;
(10) "Distributor" means a person who distributes;
(11) "Drug" means: (A) Substances recognized as drugs in the United States Pharmacopoeia, official Homeopaths Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (B) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animal; (C) Substances, other than food, intended to affect the structure or any function of the body of man or animal; and (D) Substances intended for use as a component of any article specified in subdivision (11)(A), (B) or (C). "Drug" does not include devices or their components, parts, or accessories;
(A) Substances recognized as drugs in the United States Pharmacopoeia, official Homeopaths Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;
(B) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animal;
(C) Substances, other than food, intended to affect the structure or any function of the body of man or animal; and
(D) Substances intended for use as a component of any article specified in subdivision (11)(A), (B) or (C). "Drug" does not include devices or their components, parts, or accessories;
(12) "Drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled substance as defined in subdivision (4). "Drug paraphernalia" includes, but is not limited to: (A) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled substance; (B) (i) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances; (ii) [Effective until July 1, 2025.] Subdivision (12)(B)(i) does not include narcotic testing equipment used to determine whether a controlled substance contains a synthetic opioid, unless the narcotic testing equipment is possessed for purposes of the defendant's commission of an offense under § 39-17-417 . This subdivision (12)(B)(ii) is repealed on July 1, 2025; (C) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, marijuana concentrates, marijuana oil, cocaine, hashish, or hashish oil into the human body, such as: (i) Metal, acrylic, glass, stone, or plastic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (ii) Water pipes; (iii) Carburetion tubes and devices; (iv) Smoking and carburetion masks; (v) Chamber pipes; (vi) Carburetor pipes; (vii) Electric pipes; (viii) Chillums; (ix) Bongs; and (x) Ice pipes or chillers; and (D) Pill press devices and pieces of a pill press device, unless the pill press device or piece of a pill press device is used by a person or entity that lawfully possesses drug products in the course of legitimate business activities, including a pharmacy or pharmacist licensed by the board of pharmacy; a wholesale drug distributor, or its agents, licensed by the board of pharmacy; and a manufacturer of drug products, or its agents, licensed by the board of pharmacy;
(A) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled substance;
(B) (i) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances; (ii) [Effective until July 1, 2025.] Subdivision (12)(B)(i) does not include narcotic testing equipment used to determine whether a controlled substance contains a synthetic opioid, unless the narcotic testing equipment is possessed for purposes of the defendant's commission of an offense under § 39-17-417 . This subdivision (12)(B)(ii) is repealed on July 1, 2025;
(i) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances;
(ii) [Effective until July 1, 2025.] Subdivision (12)(B)(i) does not include narcotic testing equipment used to determine whether a controlled substance contains a synthetic opioid, unless the narcotic testing equipment is possessed for purposes of the defendant's commission of an offense under § 39-17-417 . This subdivision (12)(B)(ii) is repealed on July 1, 2025;
(C) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, marijuana concentrates, marijuana oil, cocaine, hashish, or hashish oil into the human body, such as: (i) Metal, acrylic, glass, stone, or plastic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls; (ii) Water pipes; (iii) Carburetion tubes and devices; (iv) Smoking and carburetion masks; (v) Chamber pipes; (vi) Carburetor pipes; (vii) Electric pipes; (viii) Chillums; (ix) Bongs; and (x) Ice pipes or chillers; and
(i) Metal, acrylic, glass, stone, or plastic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(ii) Water pipes;
(iii) Carburetion tubes and devices;
(iv) Smoking and carburetion masks;
(v) Chamber pipes;
(vi) Carburetor pipes;
(vii) Electric pipes;
(viii) Chillums;
(ix) Bongs; and
(x) Ice pipes or chillers; and
(D) Pill press devices and pieces of a pill press device, unless the pill press device or piece of a pill press device is used by a person or entity that lawfully possesses drug products in the course of legitimate business activities, including a pharmacy or pharmacist licensed by the board of pharmacy; a wholesale drug distributor, or its agents, licensed by the board of pharmacy; and a manufacturer of drug products, or its agents, licensed by the board of pharmacy;
(13) "Immediate methamphetamine precursor" means ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers, or any drug or other product that contains a detectable quantity of ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers;
(14) "Immediate precursor" means a substance that the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture;
(15) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that "manufacture" does not include the preparation or compounding of a controlled substance by an individual for the individual's own use or the preparation, compounding, packaging, or labeling of a controlled substance by: (A) A practitioner as an incident to administering or dispensing a controlled substance in the course of professional practice; or (B) A practitioner, or an authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale;
(A) A practitioner as an incident to administering or dispensing a controlled substance in the course of professional practice; or
(B) A practitioner, or an authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale;
(16) (A) "Marijuana" means all parts of the plant cannabis, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, including concentrates and oils, its seeds or resin; (B) "Marijuana" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from the mature stalks, fiber, oil, or cake, or the sterilized seeds of the plant which are incapable of germination; (C) "Marijuana" also does not include hemp, as defined in § 43-27-101 ; (D) The term "marijuana" does not include a product approved as a prescription medication by the United States food and drug administration. Such product shall be designated, rescheduled, or deleted as a controlled substance pursuant to § 39-17-403 ; (E) The term "marijuana" does not include cannabis oil containing the substance cannabidiol, with less than six tenths of one percent (0.6%) of tetrahydrocannabinol, including the necessary seeds and plants, when manufactured, processed, transferred, dispensed, or possessed by a four-year public or private institution of higher education certified by the drug enforcement administration located in the state as part of a clinical research study on the treatment of intractable seizures, cancer, or other diseases; and (F) The term "marijuana" does not include oil containing the substance cannabidiol, with less than nine-tenths of one percent (0.9%) of tetrahydrocannabinol, if: (i) (a) The bottle containing the oil is labeled by the manufacturer as containing cannabidiol in an amount less than nine-tenths of one percent (0.9%) of tetrahydrocannabinol; and (b) The person in possession of the oil retains: (1) Proof of the legal order or recommendation from the issuing state; and (2) Proof that the person or the person's immediate family member has been diagnosed with intractable seizures or epilepsy by a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in this state; or (ii) (a) The bottle containing the oil is labeled by the manufacturer as containing cannabidiol in an amount less than nine-tenths of one percent (0.9%) of tetrahydrocannabinol on a printed label that includes the manufacturer's name and the expiration date, batch number or lot number, and tetrahydrocannabinol concentration strength of the oil; and (b) The person in possession of the oil retains: (1) Proof of the legal order or recommendation from the issuing state; (2) Proof that the person or the person's immediate family member has been diagnosed with at least one (1) of the following diseases or conditions by a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in this state: (A) Alzheimer's disease; (B) Amyotrophic lateral sclerosis (ALS); (C) Cancer, when such disease is diagnosed as end stage or the treatment produces related wasting illness, recalcitrant nausea and vomiting, or pain; (D) Inflammatory bowel disease, including Crohn's disease and ulcerative colitis; (E) Multiple sclerosis; (F) Parkinson's disease; (G) Human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS); (H) Sickle cell disease; or (I) Quadriplegia; and (3) Proof that the person or the person's immediate family member has a valid letter of attestation, as defined in § 68-7-101 ;
(A) "Marijuana" means all parts of the plant cannabis, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, including concentrates and oils, its seeds or resin;
(B) "Marijuana" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from the mature stalks, fiber, oil, or cake, or the sterilized seeds of the plant which are incapable of germination;
(C) "Marijuana" also does not include hemp, as defined in § 43-27-101 ;
(D) The term "marijuana" does not include a product approved as a prescription medication by the United States food and drug administration. Such product shall be designated, rescheduled, or deleted as a controlled substance pursuant to § 39-17-403 ;
(E) The term "marijuana" does not include cannabis oil containing the substance cannabidiol, with less than six tenths of one percent (0.6%) of tetrahydrocannabinol, including the necessary seeds and plants, when manufactured, processed, transferred, dispensed, or possessed by a four-year public or private institution of higher education certified by the drug enforcement administration located in the state as part of a clinical research study on the treatment of intractable seizures, cancer, or other diseases; and
(F) The term "marijuana" does not include oil containing the substance cannabidiol, with less than nine-tenths of one percent (0.9%) of tetrahydrocannabinol, if: (i) (a) The bottle containing the oil is labeled by the manufacturer as containing cannabidiol in an amount less than nine-tenths of one percent (0.9%) of tetrahydrocannabinol; and (b) The person in possession of the oil retains: (1) Proof of the legal order or recommendation from the issuing state; and (2) Proof that the person or the person's immediate family member has been diagnosed with intractable seizures or epilepsy by a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in this state; or (ii) (a) The bottle containing the oil is labeled by the manufacturer as containing cannabidiol in an amount less than nine-tenths of one percent (0.9%) of tetrahydrocannabinol on a printed label that includes the manufacturer's name and the expiration date, batch number or lot number, and tetrahydrocannabinol concentration strength of the oil; and (b) The person in possession of the oil retains: (1) Proof of the legal order or recommendation from the issuing state; (2) Proof that the person or the person's immediate family member has been diagnosed with at least one (1) of the following diseases or conditions by a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in this state: (A) Alzheimer's disease; (B) Amyotrophic lateral sclerosis (ALS); (C) Cancer, when such disease is diagnosed as end stage or the treatment produces related wasting illness, recalcitrant nausea and vomiting, or pain; (D) Inflammatory bowel disease, including Crohn's disease and ulcerative colitis; (E) Multiple sclerosis; (F) Parkinson's disease; (G) Human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS); (H) Sickle cell disease; or (I) Quadriplegia; and (3) Proof that the person or the person's immediate family member has a valid letter of attestation, as defined in § 68-7-101 ;
(i) (a) The bottle containing the oil is labeled by the manufacturer as containing cannabidiol in an amount less than nine-tenths of one percent (0.9%) of tetrahydrocannabinol; and (b) The person in possession of the oil retains: (1) Proof of the legal order or recommendation from the issuing state; and (2) Proof that the person or the person's immediate family member has been diagnosed with intractable seizures or epilepsy by a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in this state; or
(a) The bottle containing the oil is labeled by the manufacturer as containing cannabidiol in an amount less than nine-tenths of one percent (0.9%) of tetrahydrocannabinol; and
(b) The person in possession of the oil retains: (1) Proof of the legal order or recommendation from the issuing state; and (2) Proof that the person or the person's immediate family member has been diagnosed with intractable seizures or epilepsy by a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in this state; or
(1) Proof of the legal order or recommendation from the issuing state; and
(2) Proof that the person or the person's immediate family member has been diagnosed with intractable seizures or epilepsy by a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in this state; or
(ii) (a) The bottle containing the oil is labeled by the manufacturer as containing cannabidiol in an amount less than nine-tenths of one percent (0.9%) of tetrahydrocannabinol on a printed label that includes the manufacturer's name and the expiration date, batch number or lot number, and tetrahydrocannabinol concentration strength of the oil; and (b) The person in possession of the oil retains: (1) Proof of the legal order or recommendation from the issuing state; (2) Proof that the person or the person's immediate family member has been diagnosed with at least one (1) of the following diseases or conditions by a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in this state: (A) Alzheimer's disease; (B) Amyotrophic lateral sclerosis (ALS); (C) Cancer, when such disease is diagnosed as end stage or the treatment produces related wasting illness, recalcitrant nausea and vomiting, or pain; (D) Inflammatory bowel disease, including Crohn's disease and ulcerative colitis; (E) Multiple sclerosis; (F) Parkinson's disease; (G) Human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS); (H) Sickle cell disease; or (I) Quadriplegia; and (3) Proof that the person or the person's immediate family member has a valid letter of attestation, as defined in § 68-7-101 ;
(a) The bottle containing the oil is labeled by the manufacturer as containing cannabidiol in an amount less than nine-tenths of one percent (0.9%) of tetrahydrocannabinol on a printed label that includes the manufacturer's name and the expiration date, batch number or lot number, and tetrahydrocannabinol concentration strength of the oil; and
(b) The person in possession of the oil retains: (1) Proof of the legal order or recommendation from the issuing state; (2) Proof that the person or the person's immediate family member has been diagnosed with at least one (1) of the following diseases or conditions by a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in this state: (A) Alzheimer's disease; (B) Amyotrophic lateral sclerosis (ALS); (C) Cancer, when such disease is diagnosed as end stage or the treatment produces related wasting illness, recalcitrant nausea and vomiting, or pain; (D) Inflammatory bowel disease, including Crohn's disease and ulcerative colitis; (E) Multiple sclerosis; (F) Parkinson's disease; (G) Human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS); (H) Sickle cell disease; or (I) Quadriplegia; and (3) Proof that the person or the person's immediate family member has a valid letter of attestation, as defined in § 68-7-101 ;
(1) Proof of the legal order or recommendation from the issuing state;
(2) Proof that the person or the person's immediate family member has been diagnosed with at least one (1) of the following diseases or conditions by a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in this state: (A) Alzheimer's disease; (B) Amyotrophic lateral sclerosis (ALS); (C) Cancer, when such disease is diagnosed as end stage or the treatment produces related wasting illness, recalcitrant nausea and vomiting, or pain; (D) Inflammatory bowel disease, including Crohn's disease and ulcerative colitis; (E) Multiple sclerosis; (F) Parkinson's disease; (G) Human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS); (H) Sickle cell disease; or (I) Quadriplegia; and
(A) Alzheimer's disease;
(B) Amyotrophic lateral sclerosis (ALS);
(C) Cancer, when such disease is diagnosed as end stage or the treatment produces related wasting illness, recalcitrant nausea and vomiting, or pain;
(D) Inflammatory bowel disease, including Crohn's disease and ulcerative colitis;
(E) Multiple sclerosis;
(F) Parkinson's disease;
(G) Human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS);
(H) Sickle cell disease; or
(I) Quadriplegia; and
(3) Proof that the person or the person's immediate family member has a valid letter of attestation, as defined in § 68-7-101 ;
(17) "Narcotic drug" means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate; (B) Any salt, compound, isomer, derivative, or preparation thereof that is chemically equivalent or identical with any of the substances referred to in subdivision (17)(A), but not including the isoquinoline alkaloids of opium; (C) Opium poppy and poppy straw; and (D) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, isomer, derivative, or preparation thereof that is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine;
(A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate;
(B) Any salt, compound, isomer, derivative, or preparation thereof that is chemically equivalent or identical with any of the substances referred to in subdivision (17)(A), but not including the isoquinoline alkaloids of opium;
(C) Opium poppy and poppy straw; and
(D) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, isomer, derivative, or preparation thereof that is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine;
(18) "Opiate" means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. "Opiate" does not include, unless specifically designated as controlled under § 39-17-403 , the dextrorotatory isomer of 3-methozy-methyl-morphinan and its salts (dextromethorphan). "Opiate" does not include its racemic and levorotatory forms;
(19) "Opium poppy" means the plant of the species papaver somniferum 1 , except its seeds;
(20) "Person" means an individual, corporation, governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity;
(21) "Pharmacist" means a licensed pharmacist as defined by the laws of this state, and where the context so requires, the owner of a store or other place of business where controlled substances are compounded or dispensed by a licensed pharmacist; but nothing in this part or title 53, chapter 11, parts 3 and 4 shall be construed as conferring on a person who is not registered or licensed as a pharmacist any authority, right or privilege that is not granted to that person by the pharmacy laws of this state;
(22) "Poppy straw" means all parts, except the seeds, of the opium poppy after mowing;
(23) "Practitioner" means: (A) A physician, dentist, optometrist, veterinarian, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state; or (B) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state;
(A) A physician, dentist, optometrist, veterinarian, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state; or
(B) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state;
(24) "Production" includes the manufacturing, planting, cultivating, growing or harvesting of a controlled substance;
(25) "State," when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States;
(26) "Ultimate user" means a person who lawfully possesses a controlled substance for the person's own use or for the use of a member of the person's household or for the administering to an animal owned by the person or by a member of the person's household; and
(27) "Wholesaler" means a person who supplies a controlled substance that the person has not produced or prepared, on official written orders, but not on prescriptions.
Amended by 2022 Tenn. Acts, ch. 804, s 1, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1054, s 1, eff. 5/25/2022.
Amended by 2022 Tenn. Acts, ch. 764, s 1, eff. 3/31/2022.
Amended by 2021 Tenn. Acts, ch. 577, s 3, eff. 5/27/2021.
Amended by 2021 Tenn. Acts, ch. 230, s 1, eff. 4/22/2021.
Amended by 2019 Tenn. Acts, ch. 87, s 1, eff. 4/4/2019.
Amended by 2018 Tenn. Acts, ch. 1041, s 1, eff. 7/1/2018.
Amended by 2017 Tenn. Acts, ch. 120, s 1, eff. 4/12/2017.
Amended by 2016 Tenn. Acts, ch. 1083, s 1, eff. 5/20/2016.
Amended by 2016 Tenn. Acts, ch. 873, s 2, eff. 7/1/2016.
Amended by 2016 Tenn. Acts, ch. 873, s 1, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 352, s 1, eff. 5/4/2015.
Acts 1989, ch. 591, § 1; 1993, ch. 295, § 8; 2005, ch. 18, § 9; 2010 , ch. 1100, § 65; 2012 , ch. 575, § 2; 2012 , ch. 848, § 97; 2014 , ch. 916, § 1; 2014, ch. 936, § 1; 2015 , ch. 352, § 1.
Tenn. Code Ann. § 39-12-205 — TN Code / Title 39 / Chapter 12 / Section 39-12-205
Penalties
Status: in_force

(a) A conviction under this part must be punished as a Class B felony, unless the conviction is based upon a pattern of racketeering activity that involved a homicide, in which case the conviction must be punished as a Class A felony. A person convicted under this part must be fined not more than two hundred fifty thousand dollars ($250,000) and, notwithstanding title 40, chapter 35, must be punished as a Range II offender, however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case may it be lower than Range II. (b) (1) In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation of this part, through which pecuniary value is derived, or by which personal injury or property damage or other loss is caused, may be sentenced to pay a fine that does not exceed three (3) times the gross value gained or three (3) times the gross loss caused, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred. (2) For the purposes of subdivision (b)(1) "pecuniary value" means: (A) Anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else, the primary significance of which is economic advantage; or (B) Any other property or service that has a value in excess of five hundred dollars ($500). (c) The court shall hold a hearing to determine the amount of the fine authorized by subsection (b). (d) Any fine imposed pursuant to this section shall be fixed in accordance with § 40-35-301 . Amended by 2023 Tenn. Acts, ch. 487, s 8, eff. 7/1/2023. Acts 1989, ch. 591, § 1.
(a) A conviction under this part must be punished as a Class B felony, unless the conviction is based upon a pattern of racketeering activity that involved a homicide, in which case the conviction must be punished as a Class A felony. A person convicted under this part must be fined not more than two hundred fifty thousand dollars ($250,000) and, notwithstanding title 40, chapter 35, must be punished as a Range II offender, however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case may it be lower than Range II.
(b) (1) In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation of this part, through which pecuniary value is derived, or by which personal injury or property damage or other loss is caused, may be sentenced to pay a fine that does not exceed three (3) times the gross value gained or three (3) times the gross loss caused, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred. (2) For the purposes of subdivision (b)(1) "pecuniary value" means: (A) Anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else, the primary significance of which is economic advantage; or (B) Any other property or service that has a value in excess of five hundred dollars ($500).
(1) In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation of this part, through which pecuniary value is derived, or by which personal injury or property damage or other loss is caused, may be sentenced to pay a fine that does not exceed three (3) times the gross value gained or three (3) times the gross loss caused, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.
(2) For the purposes of subdivision (b)(1) "pecuniary value" means: (A) Anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else, the primary significance of which is economic advantage; or (B) Any other property or service that has a value in excess of five hundred dollars ($500).
(A) Anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else, the primary significance of which is economic advantage; or
(B) Any other property or service that has a value in excess of five hundred dollars ($500).
(c) The court shall hold a hearing to determine the amount of the fine authorized by subsection (b).
(d) Any fine imposed pursuant to this section shall be fixed in accordance with § 40-35-301 .
Amended by 2023 Tenn. Acts, ch. 487, s 8, eff. 7/1/2023.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-14-144 — TN Code / Title 39 / Chapter 14 / Section 39-14-144
Civil liability of adult, parent or guardian for theft of retail merchandise by minor
Status: in_force

(a) If the appropriate district attorney general consents to use of this section as provided in subsection (i), in lieu of any criminal penalties imposed by § 39-14-105 for theft offenses, any adult or parent or guardian of a minor who willfully takes possession of merchandise from a retail merchant with the intent to convert the merchandise to personal use without paying the purchase price is subject to civil liability, should the merchant prevail, as follows: (1) For the adult or emancipated minor: (A) The greater of one hundred dollars ($100) or an amount three (3) times the listed retail price of the merchandise taken if the merchant does not recover the merchandise; (B) The greater of one hundred dollars ($100) or an amount three (3) times the difference between the value of the damaged merchandise and the value of the merchandise prior to its conversion if the merchant recovers the merchandise but it is in a damaged state; or (C) The greater of one hundred dollars ($100) or an amount twice the listed retail price of the merchandise if the merchant recovers the merchandise in the same condition it was in prior to the conversion; or (2) For the parent or legal guardian having custody of an unemancipated minor who has been negligent in the supervision of the unemancipated minor: (A) The greater of one hundred dollars ($100) or an amount three (3) times the listed retail price of the merchandise taken if the merchant does not recover the merchandise; (B) The greater of one hundred dollars ($100) or an amount three (3) times the difference between the value of the damaged merchandise and the value of the merchandise prior to its conversion if the merchant recovers the merchandise but it is in a damaged state; or (C) The greater of one hundred dollars ($100) or an amount twice the listed retail price of the merchandise if the merchant recovers the merchandise in the same condition it was in prior to the conversion. (b) Civil liability under this section is not limited by any other law concerning the liability of parents or guardians or minors. (c) A conviction for the offense of shoplifting is not a prerequisite to the maintenance of a civil action authorized by this section. (d) The fact that a mercantile establishment may bring an action against an individual as provided in this section shall not limit the right of the establishment to demand, orally or in writing, that a person who is liable for damages and penalties under this section remit the damages prior to the consideration of the commencement of any legal action. (e) An action for recovery of damages and penalties under this section may be brought in any court of competent jurisdiction, including a court of general sessions, if the total damages do not exceed the jurisdictional limit of the court involved. (f) If a written agreement is entered into between the merchant and the person responsible for damages and penalties pursuant to this section concerning the liability of the person and the payment of the damages and penalties, the agreement and the contents of the agreement shall remain confidential as long as the parties to the agreement continue to adhere to its terms. (g) The civil remedy conferred upon merchants by this section shall not apply if the listed retail price of the merchandise taken was in excess of five hundred dollars ($500). (h) Use of the civil remedy conferred upon merchants by this section shall not be construed to be a violation of § 39-16-604 , prohibiting the compounding of an offense. (i) Any demand in writing or other document sent to the adult, parent or guardian of a minor covered by this section shall also be sent to the district attorney general of the judicial district in which the offense occurred. If the appropriate district attorney general has not, within ten (10) days from the date the document was sent, objected to the use of this section in lieu of criminal prosecution, the district attorney general is deemed to have consented to the use of this section by the mercantile establishment. If the mercantile establishment does not send a written demand or other document to the adult, parent or guardian, the district attorney general must be notified and must consent, either orally or in writing, to the use of this section in lieu of criminal prosecution. (j) Whenever a retail merchant, the merchant's agent, or the merchant's employee apprehends an adult or minor who has committed theft as described in subsection (a), the merchant, agent, or employee shall not at that time enter into any written agreement to accept civil damages in lieu of criminal penalties or actually accept any civil damages. Acts 1990, ch. 1007, § 1; 1991, ch. 288, §§ 1, 3, 4, 6, 8.
(a) If the appropriate district attorney general consents to use of this section as provided in subsection (i), in lieu of any criminal penalties imposed by § 39-14-105 for theft offenses, any adult or parent or guardian of a minor who willfully takes possession of merchandise from a retail merchant with the intent to convert the merchandise to personal use without paying the purchase price is subject to civil liability, should the merchant prevail, as follows: (1) For the adult or emancipated minor: (A) The greater of one hundred dollars ($100) or an amount three (3) times the listed retail price of the merchandise taken if the merchant does not recover the merchandise; (B) The greater of one hundred dollars ($100) or an amount three (3) times the difference between the value of the damaged merchandise and the value of the merchandise prior to its conversion if the merchant recovers the merchandise but it is in a damaged state; or (C) The greater of one hundred dollars ($100) or an amount twice the listed retail price of the merchandise if the merchant recovers the merchandise in the same condition it was in prior to the conversion; or (2) For the parent or legal guardian having custody of an unemancipated minor who has been negligent in the supervision of the unemancipated minor: (A) The greater of one hundred dollars ($100) or an amount three (3) times the listed retail price of the merchandise taken if the merchant does not recover the merchandise; (B) The greater of one hundred dollars ($100) or an amount three (3) times the difference between the value of the damaged merchandise and the value of the merchandise prior to its conversion if the merchant recovers the merchandise but it is in a damaged state; or (C) The greater of one hundred dollars ($100) or an amount twice the listed retail price of the merchandise if the merchant recovers the merchandise in the same condition it was in prior to the conversion.
(1) For the adult or emancipated minor: (A) The greater of one hundred dollars ($100) or an amount three (3) times the listed retail price of the merchandise taken if the merchant does not recover the merchandise; (B) The greater of one hundred dollars ($100) or an amount three (3) times the difference between the value of the damaged merchandise and the value of the merchandise prior to its conversion if the merchant recovers the merchandise but it is in a damaged state; or (C) The greater of one hundred dollars ($100) or an amount twice the listed retail price of the merchandise if the merchant recovers the merchandise in the same condition it was in prior to the conversion; or
(A) The greater of one hundred dollars ($100) or an amount three (3) times the listed retail price of the merchandise taken if the merchant does not recover the merchandise;
(B) The greater of one hundred dollars ($100) or an amount three (3) times the difference between the value of the damaged merchandise and the value of the merchandise prior to its conversion if the merchant recovers the merchandise but it is in a damaged state; or
(C) The greater of one hundred dollars ($100) or an amount twice the listed retail price of the merchandise if the merchant recovers the merchandise in the same condition it was in prior to the conversion; or
(2) For the parent or legal guardian having custody of an unemancipated minor who has been negligent in the supervision of the unemancipated minor: (A) The greater of one hundred dollars ($100) or an amount three (3) times the listed retail price of the merchandise taken if the merchant does not recover the merchandise; (B) The greater of one hundred dollars ($100) or an amount three (3) times the difference between the value of the damaged merchandise and the value of the merchandise prior to its conversion if the merchant recovers the merchandise but it is in a damaged state; or (C) The greater of one hundred dollars ($100) or an amount twice the listed retail price of the merchandise if the merchant recovers the merchandise in the same condition it was in prior to the conversion.
(A) The greater of one hundred dollars ($100) or an amount three (3) times the listed retail price of the merchandise taken if the merchant does not recover the merchandise;
(B) The greater of one hundred dollars ($100) or an amount three (3) times the difference between the value of the damaged merchandise and the value of the merchandise prior to its conversion if the merchant recovers the merchandise but it is in a damaged state; or
(C) The greater of one hundred dollars ($100) or an amount twice the listed retail price of the merchandise if the merchant recovers the merchandise in the same condition it was in prior to the conversion.
(b) Civil liability under this section is not limited by any other law concerning the liability of parents or guardians or minors.
(c) A conviction for the offense of shoplifting is not a prerequisite to the maintenance of a civil action authorized by this section.
(d) The fact that a mercantile establishment may bring an action against an individual as provided in this section shall not limit the right of the establishment to demand, orally or in writing, that a person who is liable for damages and penalties under this section remit the damages prior to the consideration of the commencement of any legal action.
(e) An action for recovery of damages and penalties under this section may be brought in any court of competent jurisdiction, including a court of general sessions, if the total damages do not exceed the jurisdictional limit of the court involved.
(f) If a written agreement is entered into between the merchant and the person responsible for damages and penalties pursuant to this section concerning the liability of the person and the payment of the damages and penalties, the agreement and the contents of the agreement shall remain confidential as long as the parties to the agreement continue to adhere to its terms.
(g) The civil remedy conferred upon merchants by this section shall not apply if the listed retail price of the merchandise taken was in excess of five hundred dollars ($500).
(h) Use of the civil remedy conferred upon merchants by this section shall not be construed to be a violation of § 39-16-604 , prohibiting the compounding of an offense.
(i) Any demand in writing or other document sent to the adult, parent or guardian of a minor covered by this section shall also be sent to the district attorney general of the judicial district in which the offense occurred. If the appropriate district attorney general has not, within ten (10) days from the date the document was sent, objected to the use of this section in lieu of criminal prosecution, the district attorney general is deemed to have consented to the use of this section by the mercantile establishment. If the mercantile establishment does not send a written demand or other document to the adult, parent or guardian, the district attorney general must be notified and must consent, either orally or in writing, to the use of this section in lieu of criminal prosecution.
(j) Whenever a retail merchant, the merchant's agent, or the merchant's employee apprehends an adult or minor who has committed theft as described in subsection (a), the merchant, agent, or employee shall not at that time enter into any written agreement to accept civil damages in lieu of criminal penalties or actually accept any civil damages.
Acts 1990, ch. 1007, § 1; 1991, ch. 288, §§ 1, 3, 4, 6, 8.
Tenn. Code Ann. § 39-17-1318 — TN Code / Title 39 / Chapter 17 / Section 39-17-1318
New serial numbers for confiscated firearms
Status: in_force

(a) If any firearm confiscated and adjudicated as contraband pursuant to this part or any other law could be sold at public auction or retained by a law enforcement agency for law enforcement as provided in § 39-17-1317 , but for the fact that the serial number of the firearm has been defaced or destroyed, the commissioner of safety or the sheriff or chief of police, as appropriate, of the county in which the firearm was confiscated may send the firearm to the director of the Tennessee bureau of investigation. The director shall assign the firearm a new serial number, permanently affix the number to the firearm, record the number in the bureau's computer system, and send the firearm back to the commissioner of safety, the sheriff or chief of police for disposition in accordance with this part. (b) If any firearm assigned a new serial number pursuant to subsection (a) is later sold at public auction, ten percent (10%) of the proceeds of the sale shall be returned to the general fund of the state to defray the costs incurred by the director in administering this section. Acts 1989, ch. 591, § 1; 1991, ch. 111, §§ 7, 8.
(a) If any firearm confiscated and adjudicated as contraband pursuant to this part or any other law could be sold at public auction or retained by a law enforcement agency for law enforcement as provided in § 39-17-1317 , but for the fact that the serial number of the firearm has been defaced or destroyed, the commissioner of safety or the sheriff or chief of police, as appropriate, of the county in which the firearm was confiscated may send the firearm to the director of the Tennessee bureau of investigation. The director shall assign the firearm a new serial number, permanently affix the number to the firearm, record the number in the bureau's computer system, and send the firearm back to the commissioner of safety, the sheriff or chief of police for disposition in accordance with this part.
(b) If any firearm assigned a new serial number pursuant to subsection (a) is later sold at public auction, ten percent (10%) of the proceeds of the sale shall be returned to the general fund of the state to defray the costs incurred by the director in administering this section.
Acts 1989, ch. 591, § 1; 1991, ch. 111, §§ 7, 8.
Tenn. Code Ann. § 39-14-147 — TN Code / Title 39 / Chapter 14 / Section 39-14-147
Fraudulent transfer of motor vehicle - Definitions - Defenses - Penalties - Civil liability
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Lease" means the grant of use and possession of a motor vehicle for consideration, whether or not the grant includes an option to buy the vehicle; (2) "Motor vehicle" means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks; (3) "Security interest" means an interest in personal property or fixtures that secures payment or performance of an obligation; (4) "Third party" means a person other than the actor or the owner of the vehicle; and (5) "Transfer" means to transfer possession, whether or not another right is also transferred, by means of a sale, lease, sublease, lease assignment or other property transfer. (b) A person commits an offense if the person acquires, accepts possession of, or exercises control over the motor vehicle of another under a written or oral agreement to arrange for the transfer of the vehicle to a third party and: (1) Knowing the vehicle is subject to a security interest, lease or lien, the person transfers the vehicle to a third party without first obtaining written authorization from the vehicle's secured creditor, lessor or lienholder; (2) Intending to defraud or harm the vehicle's owner, the person transfers the vehicle to a third party; (3) Intending to defraud or harm the vehicle's owner, the person disposes of the vehicle in a manner other than by transfer to a third party; or (4) The person does not disclose the location of the vehicle on the request of the vehicle's owner, secured creditor, lessor or lienholder. (c) For the purposes of subdivision (b)(2), the actor is presumed to have intended to defraud or harm the motor vehicle's owner if the actor does not take reasonable steps to determine whether or not the third party is financially able to pay for the vehicle. (d) It is a defense to prosecution under subdivision (b)(1) that the entire indebtedness secured by or owned under the security interest, lease or lien is paid or satisfied in full not later than the thirtieth day after the date that the transfer was made. (e) It is not a defense to prosecution under subdivision (b)(1) that the motor vehicle's owner has violated a contract creating a security interest, lease or lien in the motor vehicle. (f) A violation of subdivision (b)(1), (2) or (3) is: (1) A Class E felony if the value of the motor vehicle is less than twenty thousand dollars ($20,000); or (2) A Class D felony if the value of the motor vehicle is twenty thousand dollars ($20,000) or more. (g) A violation of subdivision (b)(4) is a Class B misdemeanor. (h) In addition to any criminal penalties imposed by this section, a person who is found by a court of competent jurisdiction to have violated any part of this section shall be subject to civil liability to a vehicle owner, secured creditor, lessor or lienholder who prevails in an action brought under this section for the following: (1) Three (3) times the actual value of the motor vehicle; and (2) Reasonable costs and attorney's fees incurred by the person instituting the action. Acts 1991, ch. 479, §§ 2-9.
(a) As used in this section, unless the context otherwise requires: (1) "Lease" means the grant of use and possession of a motor vehicle for consideration, whether or not the grant includes an option to buy the vehicle; (2) "Motor vehicle" means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks; (3) "Security interest" means an interest in personal property or fixtures that secures payment or performance of an obligation; (4) "Third party" means a person other than the actor or the owner of the vehicle; and (5) "Transfer" means to transfer possession, whether or not another right is also transferred, by means of a sale, lease, sublease, lease assignment or other property transfer.
(1) "Lease" means the grant of use and possession of a motor vehicle for consideration, whether or not the grant includes an option to buy the vehicle;
(2) "Motor vehicle" means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks;
(3) "Security interest" means an interest in personal property or fixtures that secures payment or performance of an obligation;
(4) "Third party" means a person other than the actor or the owner of the vehicle; and
(5) "Transfer" means to transfer possession, whether or not another right is also transferred, by means of a sale, lease, sublease, lease assignment or other property transfer.
(b) A person commits an offense if the person acquires, accepts possession of, or exercises control over the motor vehicle of another under a written or oral agreement to arrange for the transfer of the vehicle to a third party and: (1) Knowing the vehicle is subject to a security interest, lease or lien, the person transfers the vehicle to a third party without first obtaining written authorization from the vehicle's secured creditor, lessor or lienholder; (2) Intending to defraud or harm the vehicle's owner, the person transfers the vehicle to a third party; (3) Intending to defraud or harm the vehicle's owner, the person disposes of the vehicle in a manner other than by transfer to a third party; or (4) The person does not disclose the location of the vehicle on the request of the vehicle's owner, secured creditor, lessor or lienholder.
(1) Knowing the vehicle is subject to a security interest, lease or lien, the person transfers the vehicle to a third party without first obtaining written authorization from the vehicle's secured creditor, lessor or lienholder;
(2) Intending to defraud or harm the vehicle's owner, the person transfers the vehicle to a third party;
(3) Intending to defraud or harm the vehicle's owner, the person disposes of the vehicle in a manner other than by transfer to a third party; or
(4) The person does not disclose the location of the vehicle on the request of the vehicle's owner, secured creditor, lessor or lienholder.
(c) For the purposes of subdivision (b)(2), the actor is presumed to have intended to defraud or harm the motor vehicle's owner if the actor does not take reasonable steps to determine whether or not the third party is financially able to pay for the vehicle.
(d) It is a defense to prosecution under subdivision (b)(1) that the entire indebtedness secured by or owned under the security interest, lease or lien is paid or satisfied in full not later than the thirtieth day after the date that the transfer was made.
(e) It is not a defense to prosecution under subdivision (b)(1) that the motor vehicle's owner has violated a contract creating a security interest, lease or lien in the motor vehicle.
(f) A violation of subdivision (b)(1), (2) or (3) is: (1) A Class E felony if the value of the motor vehicle is less than twenty thousand dollars ($20,000); or (2) A Class D felony if the value of the motor vehicle is twenty thousand dollars ($20,000) or more.
(1) A Class E felony if the value of the motor vehicle is less than twenty thousand dollars ($20,000); or
(2) A Class D felony if the value of the motor vehicle is twenty thousand dollars ($20,000) or more.
(g) A violation of subdivision (b)(4) is a Class B misdemeanor.
(h) In addition to any criminal penalties imposed by this section, a person who is found by a court of competent jurisdiction to have violated any part of this section shall be subject to civil liability to a vehicle owner, secured creditor, lessor or lienholder who prevails in an action brought under this section for the following: (1) Three (3) times the actual value of the motor vehicle; and (2) Reasonable costs and attorney's fees incurred by the person instituting the action.
(1) Three (3) times the actual value of the motor vehicle; and
(2) Reasonable costs and attorney's fees incurred by the person instituting the action.
Acts 1991, ch. 479, §§ 2-9.
Tenn. Code Ann. § 39-13-811 — TN Code / Title 39 / Chapter 13 / Section 39-13-811
Civil action available to victims
Status: in_force

(a) Notwithstanding whether criminal prosecution is commenced, or a conviction is obtained for a violation of this part, a victim of a violation of this part shall have a civil cause of action against the person responsible for the violation for both economic and noneconomic damages, up to the limits provided in § 29-39-102 , for any personal injury, death, or property damage proximately caused by the violation. (b) If the victim prevails in the action, the victim shall be entitled to all necessary costs incurred in bringing the action, including reasonable attorney's fees, and shall be eligible for punitive damages up to the limits set in § 29-39-104 . (c) Notwithstanding § 28-3-104 , an action under this section shall be commenced within five (5) years of the date the cause of action accrued. (d) If the victim prevailed and is awarded a judgment for damages, the judgment shall be offset by any amount the victim actually receives from the proceeds of assets forfeited pursuant to § 39-13-810 or from the criminal injuries compensation fund. If the amount of damages the criminal court judge determines to be appropriate pursuant to § 39-13-810(d)(1) and the amount of any judgment awarded the victim pursuant to this section are different, for the purpose of determining the total amount of damages to which the victim is entitled, the higher amount shall prevail. Added by 2015 Tenn. Acts, ch. 441,s 1, eff. 7/1/2015.
(a) Notwithstanding whether criminal prosecution is commenced, or a conviction is obtained for a violation of this part, a victim of a violation of this part shall have a civil cause of action against the person responsible for the violation for both economic and noneconomic damages, up to the limits provided in § 29-39-102 , for any personal injury, death, or property damage proximately caused by the violation.
(b) If the victim prevails in the action, the victim shall be entitled to all necessary costs incurred in bringing the action, including reasonable attorney's fees, and shall be eligible for punitive damages up to the limits set in § 29-39-104 .
(c) Notwithstanding § 28-3-104 , an action under this section shall be commenced within five (5) years of the date the cause of action accrued.
(d) If the victim prevailed and is awarded a judgment for damages, the judgment shall be offset by any amount the victim actually receives from the proceeds of assets forfeited pursuant to § 39-13-810 or from the criminal injuries compensation fund. If the amount of damages the criminal court judge determines to be appropriate pursuant to § 39-13-810(d)(1) and the amount of any judgment awarded the victim pursuant to this section are different, for the purpose of determining the total amount of damages to which the victim is entitled, the higher amount shall prevail.
Added by 2015 Tenn. Acts, ch. 441,s 1, eff. 7/1/2015.
Tenn. Code Ann. § 39-11-707 — TN Code / Title 39 / Chapter 11 / Section 39-11-707
Procedure for seizure of property
Status: in_force

(a) Any property subject to forfeiture under this part may be seized by the attorney general, the attorney general's agents, or any law enforcement officer, when acting pursuant to a lawful arrest or search, the execution of a search warrant, a petition to abate a nuisance, or a court order. When property is seized under this part, it may be removed by the seizing agency or official to a place to secure the property, it may be preserved as evidence, it may be padlocked as ordered by a court of record, it may be secured by depositing in an interest bearing account as approved by a court of record or it may be secured as otherwise authorized by law regarding the maintenance, storage, or disposition of seized property. (b) Upon seizure of property for forfeiture under this part, the seizing agency or official shall cause to be delivered a written receipt and notice of seizure to the possessor, owner and interest holder as determined from public records. The notice shall list and describe generally the property seized, the agency or official responsible for the seizure and shall state the procedure for obtaining return of the property. The seizing agency shall deliver a copy of the notice to the district attorney general of the judicial district where the seizing agency is located or of the judicial district where the seizure occurred. (c) Upon the seizure of personal property for forfeiture, the seizing agency shall within five (5) working days, apply ex parte for a forfeiture warrant from a judge authorized to issue a search warrant. Upon a finding that probable cause for forfeiture exists, a forfeiture warrant shall issue. The warrant shall be based upon proof by affidavit that there is probable cause that the owner's interest in the seized property is subject to forfeiture. In the event a forfeiture warrant is not issued, then the property shall immediately be returned unless the property is to be retained for evidence in a criminal proceeding. No forfeiture action for personal property may be filed without the issuance of a forfeiture warrant. (d) No claim need be filed by an interest holder and no interest holder may have interest forfeited without service of a complaint for forfeiture under this part. (e) The attorney general may file a notice of lien lis pendens against any real property subject to forfeiture under this part. The lien shall generally describe the real property and the reason for forfeiture. The notice shall specify the court and jurisdiction in which the action is pending and, if known at the time of the filing of the notice, the case number of the action. After the filing of the notice of lien lis pendens the state shall, as soon as is practicable, serve a copy of the notice upon any person who has a duly recorded interest in the property as reflected in public records. (f) The filing of a notice of lien lis pendens under this part creates, from the time of its filing, a lien in favor of the state on the property described in the notice and subject to forfeiture under this part against the persons named in the notice. (g) There shall be no seizure or attachment of real property unless and until a hearing is conducted, with due notice to the owner. (h) A possessory lien of a person from whose possession property subject to forfeiture is seized is not affected or prejudiced by a seizure for forfeiture under this part. Such a lien shall take precedence over all other liens. (i) A person who acts in good faith and in a reasonable manner to comply with an order of the court or a request of a peace officer while enforcing this part is not liable to any person for acts done in furtherance with the order or request. Acts 1998, ch. 979, § 7.
(a) Any property subject to forfeiture under this part may be seized by the attorney general, the attorney general's agents, or any law enforcement officer, when acting pursuant to a lawful arrest or search, the execution of a search warrant, a petition to abate a nuisance, or a court order. When property is seized under this part, it may be removed by the seizing agency or official to a place to secure the property, it may be preserved as evidence, it may be padlocked as ordered by a court of record, it may be secured by depositing in an interest bearing account as approved by a court of record or it may be secured as otherwise authorized by law regarding the maintenance, storage, or disposition of seized property.
(b) Upon seizure of property for forfeiture under this part, the seizing agency or official shall cause to be delivered a written receipt and notice of seizure to the possessor, owner and interest holder as determined from public records. The notice shall list and describe generally the property seized, the agency or official responsible for the seizure and shall state the procedure for obtaining return of the property. The seizing agency shall deliver a copy of the notice to the district attorney general of the judicial district where the seizing agency is located or of the judicial district where the seizure occurred.
(c) Upon the seizure of personal property for forfeiture, the seizing agency shall within five (5) working days, apply ex parte for a forfeiture warrant from a judge authorized to issue a search warrant. Upon a finding that probable cause for forfeiture exists, a forfeiture warrant shall issue. The warrant shall be based upon proof by affidavit that there is probable cause that the owner's interest in the seized property is subject to forfeiture. In the event a forfeiture warrant is not issued, then the property shall immediately be returned unless the property is to be retained for evidence in a criminal proceeding. No forfeiture action for personal property may be filed without the issuance of a forfeiture warrant.
(d) No claim need be filed by an interest holder and no interest holder may have interest forfeited without service of a complaint for forfeiture under this part.
(e) The attorney general may file a notice of lien lis pendens against any real property subject to forfeiture under this part. The lien shall generally describe the real property and the reason for forfeiture. The notice shall specify the court and jurisdiction in which the action is pending and, if known at the time of the filing of the notice, the case number of the action. After the filing of the notice of lien lis pendens the state shall, as soon as is practicable, serve a copy of the notice upon any person who has a duly recorded interest in the property as reflected in public records.
(f) The filing of a notice of lien lis pendens under this part creates, from the time of its filing, a lien in favor of the state on the property described in the notice and subject to forfeiture under this part against the persons named in the notice.
(g) There shall be no seizure or attachment of real property unless and until a hearing is conducted, with due notice to the owner.
(h) A possessory lien of a person from whose possession property subject to forfeiture is seized is not affected or prejudiced by a seizure for forfeiture under this part. Such a lien shall take precedence over all other liens.
(i) A person who acts in good faith and in a reasonable manner to comply with an order of the court or a request of a peace officer while enforcing this part is not liable to any person for acts done in furtherance with the order or request.
Acts 1998, ch. 979, § 7.
Tenn. Code Ann. § 39-15-401 — TN Code / Title 39 / Chapter 15 / Section 39-15-401
Child abuse and child neglect or endangerment
Status: in_force

(a) Any person who knowingly, other than by accidental means, treats a child under eighteen (18) years of age in such a manner as to inflict injury commits a Class A misdemeanor; provided, however, that, if the abused child is eight (8) years of age or less, the penalty is a Class D felony. (b) Any person who knowingly abuses or neglects a child under eighteen (18) years of age, so as to adversely affect the child's health and welfare, commits a Class A misdemeanor; provided, that, if the abused or neglected child is eight (8) years of age or less, the penalty is a Class E felony. (c) (1) (A) A parent or custodian of a child eight (8) years of age or less commits child endangerment who knowingly exposes such child to or knowingly fails to protect such child from abuse or neglect resulting in physical injury or imminent danger to the child. (B) For purposes of this subsection (c): (i) "Imminent danger" means the existence of any condition or practice that could reasonably be expected to cause death or serious bodily injury; (ii) "Knowingly" means the person knew, or should have known upon a reasonable inquiry, that abuse to or neglect of the child would occur which would result in physical injury to the child. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary parent or legal custodian of a child eight (8) years of age or less would exercise under all the circumstances as viewed from the defendant's standpoint; and (iii) "Parent or custodian" means the biological or adoptive parent or any person who has legal custody of the child. (C) A violation of this subsection (c) is a Class A misdemeanor. (2) Unless § 40-39-211(c) applies, a parent or guardian of a child under eighteen (18) years of age who knowingly allows the child to be under the care or supervision of a person who is an offender, as defined in § 40-39-202 , and required to register pursuant to title 40, chapter 39, part 2, or allows the child to be unaccompanied with a person who is required to register as a sexual offender pursuant to title 40, chapter 39, part 2, commits a Class A misdemeanor. (d) (1) Any person who negligently, by act or omission, engages in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment, commits a Class A misdemeanor; except that, if the abused child is eight (8) years of age or less, the penalty is a Class B felony. (2) For purposes of this subsection (d), a person engages in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if the person's conduct related to the controlled substance methamphetamine or any other controlled substance listed in chapter 17, part 4 of this title, except a Schedule VI controlled substance, exposes the child to the controlled substance and an analysis of a specimen of the child's blood, hair, fingernail, urine, or other bodily substance indicates the presence of methamphetamine or any other controlled substance listed in chapter 17, part 4 of this title, except a Schedule VI controlled substance, in the child's body. (e) (1) Any court having reasonable cause to believe that a person is guilty of violating this section shall have the person brought before the court, either by summons or warrant. No arrest warrant or summons shall be issued by any person authorized to issue the warrant or summons, nor shall criminal charges be instituted against a child's parent, guardian or custodian for a violation of subsection (a), based upon the allegation that unreasonable corporal punishment was administered to the child, unless the affidavit of complaint also contains a copy of the report prepared by the law enforcement official who investigated the allegation, or independent medical verification of injury to the child. (2) (A) As provided in this subdivision (e)(2), juvenile courts, courts of general session, and circuit and criminal courts, shall have concurrent jurisdiction to hear violations of this section. (B) If the person pleads not guilty, the juvenile judge or general sessions judge shall have the power to bind the person over to the grand jury, as in cases of misdemeanors under the criminal laws of this state. Upon being bound over to the grand jury, the person may be prosecuted on an indictment filed by the district attorney general and, notwithstanding § 40-13-103 , a prosecutor need not be named on the indictment. (C) On a plea of not guilty, the juvenile court judge or general sessions judge shall have the power to proceed to hear the case on its merits, without the intervention of a jury, if the person requests a hearing in juvenile court or general sessions court and expressly waives, in writing, indictment, presentment, grand jury investigation and a jury trial. (D) If the person enters a plea of guilty, the juvenile court or general sessions court judge shall sentence the person under this section. (E) Regardless of whether the person pleads guilty or not guilty, the circuit court or criminal court shall have the power to proceed to hear the case on its merits, and, if found guilty, to sentence the person under this section. (f) Except as expressly provided, this section shall not be construed as repealing any provision of any other statute, but shall be supplementary to any other provision and cumulative of any other provision. (g) A violation of this section may be a lesser included offense of any kind of homicide, statutory assault, or sexual offense, if the victim is a child and the evidence supports a charge under this section. In any case in which conduct violating this section also constitutes assault, the conduct may be prosecuted under this section or under § 39-13-101 or § 39-13-102 , or both. (h) As used in this section, "adversely affect the child's health and welfare" may include, but is not limited to, adverse effects on the emotional and mental health and welfare of the child, the natural effects of starvation or dehydration, or acts of female genital mutilation, as defined in § 39-13-110 . (i) The court may, in addition to any other punishment otherwise authorized by law, order a person convicted of child abuse to refrain from having any contact with the victim of the offense, including, but not limited to, attempted contact through internet services or social networking websites; provided, that the person has no parental rights to such victim at the time of the court's order. Amended by 2024 Tenn. Acts, ch. 952,s 1, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 885,s 1, eff. 7/1/2024. Amended by 2022 Tenn. Acts, ch. 985, s 1, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 511, s 1, eff. 7/1/2021. Amended by 2019 Tenn. Acts, ch. 268, s 2, eff. 7/1/2019. Amended by 2017 Tenn. Acts, ch. 381, s 2, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 381, s 1, eff. 7/1/2017. Acts 1989, ch. 591, § 1; 1994, ch. 978, § 1; 1996, ch. 962, § 1; 1998, ch. 1040, § 2; 2005, ch. 487, § 1; 2006, ch. 939, § 1; 2008 , ch. 1024, § 1; 2009 , ch. 335, § 1; 2009 , ch. 418, § 1; 2009 , ch. 585, § 1; 2011 , ch. 313, § 1.
(a) Any person who knowingly, other than by accidental means, treats a child under eighteen (18) years of age in such a manner as to inflict injury commits a Class A misdemeanor; provided, however, that, if the abused child is eight (8) years of age or less, the penalty is a Class D felony.
(b) Any person who knowingly abuses or neglects a child under eighteen (18) years of age, so as to adversely affect the child's health and welfare, commits a Class A misdemeanor; provided, that, if the abused or neglected child is eight (8) years of age or less, the penalty is a Class E felony.
(c) (1) (A) A parent or custodian of a child eight (8) years of age or less commits child endangerment who knowingly exposes such child to or knowingly fails to protect such child from abuse or neglect resulting in physical injury or imminent danger to the child. (B) For purposes of this subsection (c): (i) "Imminent danger" means the existence of any condition or practice that could reasonably be expected to cause death or serious bodily injury; (ii) "Knowingly" means the person knew, or should have known upon a reasonable inquiry, that abuse to or neglect of the child would occur which would result in physical injury to the child. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary parent or legal custodian of a child eight (8) years of age or less would exercise under all the circumstances as viewed from the defendant's standpoint; and (iii) "Parent or custodian" means the biological or adoptive parent or any person who has legal custody of the child. (C) A violation of this subsection (c) is a Class A misdemeanor. (2) Unless § 40-39-211(c) applies, a parent or guardian of a child under eighteen (18) years of age who knowingly allows the child to be under the care or supervision of a person who is an offender, as defined in § 40-39-202 , and required to register pursuant to title 40, chapter 39, part 2, or allows the child to be unaccompanied with a person who is required to register as a sexual offender pursuant to title 40, chapter 39, part 2, commits a Class A misdemeanor.
(1) (A) A parent or custodian of a child eight (8) years of age or less commits child endangerment who knowingly exposes such child to or knowingly fails to protect such child from abuse or neglect resulting in physical injury or imminent danger to the child. (B) For purposes of this subsection (c): (i) "Imminent danger" means the existence of any condition or practice that could reasonably be expected to cause death or serious bodily injury; (ii) "Knowingly" means the person knew, or should have known upon a reasonable inquiry, that abuse to or neglect of the child would occur which would result in physical injury to the child. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary parent or legal custodian of a child eight (8) years of age or less would exercise under all the circumstances as viewed from the defendant's standpoint; and (iii) "Parent or custodian" means the biological or adoptive parent or any person who has legal custody of the child. (C) A violation of this subsection (c) is a Class A misdemeanor.
(A) A parent or custodian of a child eight (8) years of age or less commits child endangerment who knowingly exposes such child to or knowingly fails to protect such child from abuse or neglect resulting in physical injury or imminent danger to the child.
(B) For purposes of this subsection (c): (i) "Imminent danger" means the existence of any condition or practice that could reasonably be expected to cause death or serious bodily injury; (ii) "Knowingly" means the person knew, or should have known upon a reasonable inquiry, that abuse to or neglect of the child would occur which would result in physical injury to the child. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary parent or legal custodian of a child eight (8) years of age or less would exercise under all the circumstances as viewed from the defendant's standpoint; and (iii) "Parent or custodian" means the biological or adoptive parent or any person who has legal custody of the child.
(i) "Imminent danger" means the existence of any condition or practice that could reasonably be expected to cause death or serious bodily injury;
(ii) "Knowingly" means the person knew, or should have known upon a reasonable inquiry, that abuse to or neglect of the child would occur which would result in physical injury to the child. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary parent or legal custodian of a child eight (8) years of age or less would exercise under all the circumstances as viewed from the defendant's standpoint; and
(iii) "Parent or custodian" means the biological or adoptive parent or any person who has legal custody of the child.
(C) A violation of this subsection (c) is a Class A misdemeanor.
(2) Unless § 40-39-211(c) applies, a parent or guardian of a child under eighteen (18) years of age who knowingly allows the child to be under the care or supervision of a person who is an offender, as defined in § 40-39-202 , and required to register pursuant to title 40, chapter 39, part 2, or allows the child to be unaccompanied with a person who is required to register as a sexual offender pursuant to title 40, chapter 39, part 2, commits a Class A misdemeanor.
(d) (1) Any person who negligently, by act or omission, engages in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment, commits a Class A misdemeanor; except that, if the abused child is eight (8) years of age or less, the penalty is a Class B felony. (2) For purposes of this subsection (d), a person engages in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if the person's conduct related to the controlled substance methamphetamine or any other controlled substance listed in chapter 17, part 4 of this title, except a Schedule VI controlled substance, exposes the child to the controlled substance and an analysis of a specimen of the child's blood, hair, fingernail, urine, or other bodily substance indicates the presence of methamphetamine or any other controlled substance listed in chapter 17, part 4 of this title, except a Schedule VI controlled substance, in the child's body.
(1) Any person who negligently, by act or omission, engages in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment, commits a Class A misdemeanor; except that, if the abused child is eight (8) years of age or less, the penalty is a Class B felony.
(2) For purposes of this subsection (d), a person engages in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if the person's conduct related to the controlled substance methamphetamine or any other controlled substance listed in chapter 17, part 4 of this title, except a Schedule VI controlled substance, exposes the child to the controlled substance and an analysis of a specimen of the child's blood, hair, fingernail, urine, or other bodily substance indicates the presence of methamphetamine or any other controlled substance listed in chapter 17, part 4 of this title, except a Schedule VI controlled substance, in the child's body.
(e) (1) Any court having reasonable cause to believe that a person is guilty of violating this section shall have the person brought before the court, either by summons or warrant. No arrest warrant or summons shall be issued by any person authorized to issue the warrant or summons, nor shall criminal charges be instituted against a child's parent, guardian or custodian for a violation of subsection (a), based upon the allegation that unreasonable corporal punishment was administered to the child, unless the affidavit of complaint also contains a copy of the report prepared by the law enforcement official who investigated the allegation, or independent medical verification of injury to the child. (2) (A) As provided in this subdivision (e)(2), juvenile courts, courts of general session, and circuit and criminal courts, shall have concurrent jurisdiction to hear violations of this section. (B) If the person pleads not guilty, the juvenile judge or general sessions judge shall have the power to bind the person over to the grand jury, as in cases of misdemeanors under the criminal laws of this state. Upon being bound over to the grand jury, the person may be prosecuted on an indictment filed by the district attorney general and, notwithstanding § 40-13-103 , a prosecutor need not be named on the indictment. (C) On a plea of not guilty, the juvenile court judge or general sessions judge shall have the power to proceed to hear the case on its merits, without the intervention of a jury, if the person requests a hearing in juvenile court or general sessions court and expressly waives, in writing, indictment, presentment, grand jury investigation and a jury trial. (D) If the person enters a plea of guilty, the juvenile court or general sessions court judge shall sentence the person under this section. (E) Regardless of whether the person pleads guilty or not guilty, the circuit court or criminal court shall have the power to proceed to hear the case on its merits, and, if found guilty, to sentence the person under this section.
(1) Any court having reasonable cause to believe that a person is guilty of violating this section shall have the person brought before the court, either by summons or warrant. No arrest warrant or summons shall be issued by any person authorized to issue the warrant or summons, nor shall criminal charges be instituted against a child's parent, guardian or custodian for a violation of subsection (a), based upon the allegation that unreasonable corporal punishment was administered to the child, unless the affidavit of complaint also contains a copy of the report prepared by the law enforcement official who investigated the allegation, or independent medical verification of injury to the child.
(2) (A) As provided in this subdivision (e)(2), juvenile courts, courts of general session, and circuit and criminal courts, shall have concurrent jurisdiction to hear violations of this section. (B) If the person pleads not guilty, the juvenile judge or general sessions judge shall have the power to bind the person over to the grand jury, as in cases of misdemeanors under the criminal laws of this state. Upon being bound over to the grand jury, the person may be prosecuted on an indictment filed by the district attorney general and, notwithstanding § 40-13-103 , a prosecutor need not be named on the indictment. (C) On a plea of not guilty, the juvenile court judge or general sessions judge shall have the power to proceed to hear the case on its merits, without the intervention of a jury, if the person requests a hearing in juvenile court or general sessions court and expressly waives, in writing, indictment, presentment, grand jury investigation and a jury trial. (D) If the person enters a plea of guilty, the juvenile court or general sessions court judge shall sentence the person under this section. (E) Regardless of whether the person pleads guilty or not guilty, the circuit court or criminal court shall have the power to proceed to hear the case on its merits, and, if found guilty, to sentence the person under this section.
(A) As provided in this subdivision (e)(2), juvenile courts, courts of general session, and circuit and criminal courts, shall have concurrent jurisdiction to hear violations of this section.
(B) If the person pleads not guilty, the juvenile judge or general sessions judge shall have the power to bind the person over to the grand jury, as in cases of misdemeanors under the criminal laws of this state. Upon being bound over to the grand jury, the person may be prosecuted on an indictment filed by the district attorney general and, notwithstanding § 40-13-103 , a prosecutor need not be named on the indictment.
(C) On a plea of not guilty, the juvenile court judge or general sessions judge shall have the power to proceed to hear the case on its merits, without the intervention of a jury, if the person requests a hearing in juvenile court or general sessions court and expressly waives, in writing, indictment, presentment, grand jury investigation and a jury trial.
(D) If the person enters a plea of guilty, the juvenile court or general sessions court judge shall sentence the person under this section.
(E) Regardless of whether the person pleads guilty or not guilty, the circuit court or criminal court shall have the power to proceed to hear the case on its merits, and, if found guilty, to sentence the person under this section.
(f) Except as expressly provided, this section shall not be construed as repealing any provision of any other statute, but shall be supplementary to any other provision and cumulative of any other provision.
(g) A violation of this section may be a lesser included offense of any kind of homicide, statutory assault, or sexual offense, if the victim is a child and the evidence supports a charge under this section. In any case in which conduct violating this section also constitutes assault, the conduct may be prosecuted under this section or under § 39-13-101 or § 39-13-102 , or both.
(h) As used in this section, "adversely affect the child's health and welfare" may include, but is not limited to, adverse effects on the emotional and mental health and welfare of the child, the natural effects of starvation or dehydration, or acts of female genital mutilation, as defined in § 39-13-110 .
(i) The court may, in addition to any other punishment otherwise authorized by law, order a person convicted of child abuse to refrain from having any contact with the victim of the offense, including, but not limited to, attempted contact through internet services or social networking websites; provided, that the person has no parental rights to such victim at the time of the court's order.
Amended by 2024 Tenn. Acts, ch. 952,s 1, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 885,s 1, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 985, s 1, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 511, s 1, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 268, s 2, eff. 7/1/2019.
Amended by 2017 Tenn. Acts, ch. 381, s 2, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 381, s 1, eff. 7/1/2017.
Acts 1989, ch. 591, § 1; 1994, ch. 978, § 1; 1996, ch. 962, § 1; 1998, ch. 1040, § 2; 2005, ch. 487, § 1; 2006, ch. 939, § 1; 2008 , ch. 1024, § 1; 2009 , ch. 335, § 1; 2009 , ch. 418, § 1; 2009 , ch. 585, § 1; 2011 , ch. 313, § 1.