Tenn. Code Ann. § 39-11-622 — TN Code / Title 39 / Chapter 11 / Section 39-11-622
Justification for use of force - Exceptions - Immunity from civil liability - Civil action based upon defendant's use or threatened use of force or the results of defendant's use or threatened use of force
Status: in_force

(a) A person who uses force as permitted in §§ 39-11-611 - 39-11-614, § 29-34-201 , or § 49-6-4107 , is justified in using such force and is immune from civil liability for the use of such force, unless: (1) The person against whom force was used is a law enforcement officer, as defined in § 39-11-106 who: (A) Was acting in the performance of the officer's official duties; and (B) Identified the officer in accordance with any applicable law; or (C) The person using force knew or reasonably should have known that the person was a law enforcement officer; or (2) The force used by the person resulted in property damage to or the death or injury of an innocent bystander or other person against whom the force used was not justified. (b) As used in this section: (1) "Defendant" means a person who uses or threatens to use force against another and asserts that the force used or threatened is permitted by §§ 39-11-611 - 39-11-614, § 29-34-201 , or § 49-6-4107 ; and (2) "Plaintiff" means the person, personal representative, or heirs of a person against whom force was used or threatened who files a civil action against the defendant that is based upon the same facts or set of events that resulted in the use or threatened use of force. (c) (1) If a criminal investigation or criminal proceeding is conducted based upon the defendant's use or threatened use of force, a civil action that is based upon the defendant's use or threatened use of force or the results of the defendant's use or threatened use of force may not proceed until the conclusion of the criminal investigation or criminal proceeding, if a stay of the proceedings is requested by the defendant. If the defendant requests a stay of proceedings and the court determines that a relevant criminal investigation or criminal proceeding is ongoing, the court shall grant a stay of proceedings until the conclusion of the criminal investigation or criminal proceeding. (2) A criminal investigation or criminal proceeding shall be deemed concluded if: (A) The charge or charges against the defendant are dismissed or retired based on the merits of the case; (B) A no true bill is returned by a grand jury on the charge or charges against the defendant; (C) A verdict is returned, whether by the judge following a bench trial or by a jury; or (D) The defendant is arrested and released without being charged and the district attorney general or chief officer of the investigating law enforcement agency provides the court with written notification that the defendant will not be charged with an offense or the investigation is no longer actively occurring. (d) If a plaintiff files a civil action against a defendant based upon the same facts or set of events that resulted in the use or threatened use of force, then the defendant may assert in any responsive pleading or by motion in writing pursuant to the Rules of Civil Procedure that: (1) The defendant's use of force or threatened use of force was justified and permitted by §§ 39-11-611 - 39-11-614, § 29-34-201 , or § 49-6-4107 ; (2) The defendant has immunity from civil liability pursuant to this section; (3) Because of the defendant's immunity from civil liability, the claim does not state a cause of action upon which relief can be granted; and (4) The defendant requests a hearing to determine if the civil action should be dismissed for this reason. (e) (1) If a hearing is requested, or ordered upon the court's own motion, the court shall expedite the hearing and hear the matter and issue a decision within forty (40) days of the hearing being requested or ordered. Either party may request additional time beyond the forty-day period to prepare, in which case the court shall order, for good cause shown, that the hearing be reset on the first docket following the time period granted for the stay. (2) From the time the hearing is ordered, all aspects of and procedures relating to the civil action shall be stayed. (3) All applicable parties shall be given notice and may appear and present evidence at the hearing. The sole issue at the hearing is whether the defendant used force or threatened the use of force in a manner permitted by §§ 39-11-611 - 39-11-614, § 29-34-201 , or § 49-6-4107 and is therefore immune from civil liability pursuant to this section. (4) The burden of proof at the hearing is initially on the defendant to present sufficient admissible evidence to fairly raise the issue of whether the use of force was justified under §§ 39-11-611 - 39-11-614, § 29-34-201 , or § 49-6-4107 . If the court finds that the permissible use of force has been fairly raised, a presumption of immunity is created and the burden of proof shifts to the plaintiff to demonstrate that civil liability is not barred by this section. (5) (A) If the court determines by a preponderance of evidence that the defendant's use of force or threatened use of force was justified under §§ 39-11-611 - 39-11-614, § 29-34-201 , or § 49-6-4107 , the court shall dismiss the civil action with prejudice for failure to state a claim upon which relief can be granted and may issue other orders consistent with the defendant's immunity from civil liability conferred by subsection (a). (B) If the court determines that the defendant is not entitled to immunity from civil liability under this subsection (e), the action shall remain stayed pursuant to subdivision (c)(1). Once the criminal investigation or criminal proceeding is concluded and the stay is lifted, the civil action may continue. The defendant is not precluded from asserting at any other point in the civil action that the use of force was justified. (f) If the court dismisses the civil action pursuant to subdivision (e)(5)(A) or otherwise determines that the defendant is entitled to immunity from civil liability under this section, the court shall award the defendant attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of the civil action. Amended by 2021 Tenn. Acts, ch. 387, s 1, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 188, s 1, eff. 7/1/2021. Acts 2007 , ch. 210, § 3.
(a) A person who uses force as permitted in §§ 39-11-611 - 39-11-614, § 29-34-201 , or § 49-6-4107 , is justified in using such force and is immune from civil liability for the use of such force, unless: (1) The person against whom force was used is a law enforcement officer, as defined in § 39-11-106 who: (A) Was acting in the performance of the officer's official duties; and (B) Identified the officer in accordance with any applicable law; or (C) The person using force knew or reasonably should have known that the person was a law enforcement officer; or (2) The force used by the person resulted in property damage to or the death or injury of an innocent bystander or other person against whom the force used was not justified.
(1) The person against whom force was used is a law enforcement officer, as defined in § 39-11-106 who: (A) Was acting in the performance of the officer's official duties; and (B) Identified the officer in accordance with any applicable law; or (C) The person using force knew or reasonably should have known that the person was a law enforcement officer; or
(A) Was acting in the performance of the officer's official duties; and
(B) Identified the officer in accordance with any applicable law; or
(C) The person using force knew or reasonably should have known that the person was a law enforcement officer; or
(2) The force used by the person resulted in property damage to or the death or injury of an innocent bystander or other person against whom the force used was not justified.
(b) As used in this section: (1) "Defendant" means a person who uses or threatens to use force against another and asserts that the force used or threatened is permitted by §§ 39-11-611 - 39-11-614, § 29-34-201 , or § 49-6-4107 ; and (2) "Plaintiff" means the person, personal representative, or heirs of a person against whom force was used or threatened who files a civil action against the defendant that is based upon the same facts or set of events that resulted in the use or threatened use of force.
(1) "Defendant" means a person who uses or threatens to use force against another and asserts that the force used or threatened is permitted by §§ 39-11-611 - 39-11-614, § 29-34-201 , or § 49-6-4107 ; and
(2) "Plaintiff" means the person, personal representative, or heirs of a person against whom force was used or threatened who files a civil action against the defendant that is based upon the same facts or set of events that resulted in the use or threatened use of force.
(c) (1) If a criminal investigation or criminal proceeding is conducted based upon the defendant's use or threatened use of force, a civil action that is based upon the defendant's use or threatened use of force or the results of the defendant's use or threatened use of force may not proceed until the conclusion of the criminal investigation or criminal proceeding, if a stay of the proceedings is requested by the defendant. If the defendant requests a stay of proceedings and the court determines that a relevant criminal investigation or criminal proceeding is ongoing, the court shall grant a stay of proceedings until the conclusion of the criminal investigation or criminal proceeding. (2) A criminal investigation or criminal proceeding shall be deemed concluded if: (A) The charge or charges against the defendant are dismissed or retired based on the merits of the case; (B) A no true bill is returned by a grand jury on the charge or charges against the defendant; (C) A verdict is returned, whether by the judge following a bench trial or by a jury; or (D) The defendant is arrested and released without being charged and the district attorney general or chief officer of the investigating law enforcement agency provides the court with written notification that the defendant will not be charged with an offense or the investigation is no longer actively occurring.
(1) If a criminal investigation or criminal proceeding is conducted based upon the defendant's use or threatened use of force, a civil action that is based upon the defendant's use or threatened use of force or the results of the defendant's use or threatened use of force may not proceed until the conclusion of the criminal investigation or criminal proceeding, if a stay of the proceedings is requested by the defendant. If the defendant requests a stay of proceedings and the court determines that a relevant criminal investigation or criminal proceeding is ongoing, the court shall grant a stay of proceedings until the conclusion of the criminal investigation or criminal proceeding.
(2) A criminal investigation or criminal proceeding shall be deemed concluded if: (A) The charge or charges against the defendant are dismissed or retired based on the merits of the case; (B) A no true bill is returned by a grand jury on the charge or charges against the defendant; (C) A verdict is returned, whether by the judge following a bench trial or by a jury; or (D) The defendant is arrested and released without being charged and the district attorney general or chief officer of the investigating law enforcement agency provides the court with written notification that the defendant will not be charged with an offense or the investigation is no longer actively occurring.
(A) The charge or charges against the defendant are dismissed or retired based on the merits of the case;
(B) A no true bill is returned by a grand jury on the charge or charges against the defendant;
(C) A verdict is returned, whether by the judge following a bench trial or by a jury; or
(D) The defendant is arrested and released without being charged and the district attorney general or chief officer of the investigating law enforcement agency provides the court with written notification that the defendant will not be charged with an offense or the investigation is no longer actively occurring.
(d) If a plaintiff files a civil action against a defendant based upon the same facts or set of events that resulted in the use or threatened use of force, then the defendant may assert in any responsive pleading or by motion in writing pursuant to the Rules of Civil Procedure that: (1) The defendant's use of force or threatened use of force was justified and permitted by §§ 39-11-611 - 39-11-614, § 29-34-201 , or § 49-6-4107 ; (2) The defendant has immunity from civil liability pursuant to this section; (3) Because of the defendant's immunity from civil liability, the claim does not state a cause of action upon which relief can be granted; and (4) The defendant requests a hearing to determine if the civil action should be dismissed for this reason.
(1) The defendant's use of force or threatened use of force was justified and permitted by §§ 39-11-611 - 39-11-614, § 29-34-201 , or § 49-6-4107 ;
(2) The defendant has immunity from civil liability pursuant to this section;
(3) Because of the defendant's immunity from civil liability, the claim does not state a cause of action upon which relief can be granted; and
(4) The defendant requests a hearing to determine if the civil action should be dismissed for this reason.
(e) (1) If a hearing is requested, or ordered upon the court's own motion, the court shall expedite the hearing and hear the matter and issue a decision within forty (40) days of the hearing being requested or ordered. Either party may request additional time beyond the forty-day period to prepare, in which case the court shall order, for good cause shown, that the hearing be reset on the first docket following the time period granted for the stay. (2) From the time the hearing is ordered, all aspects of and procedures relating to the civil action shall be stayed. (3) All applicable parties shall be given notice and may appear and present evidence at the hearing. The sole issue at the hearing is whether the defendant used force or threatened the use of force in a manner permitted by §§ 39-11-611 - 39-11-614, § 29-34-201 , or § 49-6-4107 and is therefore immune from civil liability pursuant to this section. (4) The burden of proof at the hearing is initially on the defendant to present sufficient admissible evidence to fairly raise the issue of whether the use of force was justified under §§ 39-11-611 - 39-11-614, § 29-34-201 , or § 49-6-4107 . If the court finds that the permissible use of force has been fairly raised, a presumption of immunity is created and the burden of proof shifts to the plaintiff to demonstrate that civil liability is not barred by this section. (5) (A) If the court determines by a preponderance of evidence that the defendant's use of force or threatened use of force was justified under §§ 39-11-611 - 39-11-614, § 29-34-201 , or § 49-6-4107 , the court shall dismiss the civil action with prejudice for failure to state a claim upon which relief can be granted and may issue other orders consistent with the defendant's immunity from civil liability conferred by subsection (a). (B) If the court determines that the defendant is not entitled to immunity from civil liability under this subsection (e), the action shall remain stayed pursuant to subdivision (c)(1). Once the criminal investigation or criminal proceeding is concluded and the stay is lifted, the civil action may continue. The defendant is not precluded from asserting at any other point in the civil action that the use of force was justified.
(1) If a hearing is requested, or ordered upon the court's own motion, the court shall expedite the hearing and hear the matter and issue a decision within forty (40) days of the hearing being requested or ordered. Either party may request additional time beyond the forty-day period to prepare, in which case the court shall order, for good cause shown, that the hearing be reset on the first docket following the time period granted for the stay.
(2) From the time the hearing is ordered, all aspects of and procedures relating to the civil action shall be stayed.
(3) All applicable parties shall be given notice and may appear and present evidence at the hearing. The sole issue at the hearing is whether the defendant used force or threatened the use of force in a manner permitted by §§ 39-11-611 - 39-11-614, § 29-34-201 , or § 49-6-4107 and is therefore immune from civil liability pursuant to this section.
(4) The burden of proof at the hearing is initially on the defendant to present sufficient admissible evidence to fairly raise the issue of whether the use of force was justified under §§ 39-11-611 - 39-11-614, § 29-34-201 , or § 49-6-4107 . If the court finds that the permissible use of force has been fairly raised, a presumption of immunity is created and the burden of proof shifts to the plaintiff to demonstrate that civil liability is not barred by this section.
(5) (A) If the court determines by a preponderance of evidence that the defendant's use of force or threatened use of force was justified under §§ 39-11-611 - 39-11-614, § 29-34-201 , or § 49-6-4107 , the court shall dismiss the civil action with prejudice for failure to state a claim upon which relief can be granted and may issue other orders consistent with the defendant's immunity from civil liability conferred by subsection (a). (B) If the court determines that the defendant is not entitled to immunity from civil liability under this subsection (e), the action shall remain stayed pursuant to subdivision (c)(1). Once the criminal investigation or criminal proceeding is concluded and the stay is lifted, the civil action may continue. The defendant is not precluded from asserting at any other point in the civil action that the use of force was justified.
(A) If the court determines by a preponderance of evidence that the defendant's use of force or threatened use of force was justified under §§ 39-11-611 - 39-11-614, § 29-34-201 , or § 49-6-4107 , the court shall dismiss the civil action with prejudice for failure to state a claim upon which relief can be granted and may issue other orders consistent with the defendant's immunity from civil liability conferred by subsection (a).
(B) If the court determines that the defendant is not entitled to immunity from civil liability under this subsection (e), the action shall remain stayed pursuant to subdivision (c)(1). Once the criminal investigation or criminal proceeding is concluded and the stay is lifted, the civil action may continue. The defendant is not precluded from asserting at any other point in the civil action that the use of force was justified.
(f) If the court dismisses the civil action pursuant to subdivision (e)(5)(A) or otherwise determines that the defendant is entitled to immunity from civil liability under this section, the court shall award the defendant attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of the civil action.
Amended by 2021 Tenn. Acts, ch. 387, s 1, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 188, s 1, eff. 7/1/2021.
Acts 2007 , ch. 210, § 3.
Tenn. Code Ann. § 39-17-406 — TN Code / Title 39 / Chapter 17 / Section 39-17-406
Controlled substances in Schedule I
Status: in_force

(a) Schedule I consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section. (b) Opiates, unless specifically excepted or unless listed in another schedule, means any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation; provided, that for the purposes of subdivision (b)(48)(B)(xv), 3-Methylfentanyl, only, "isomer" includes the optical and geometric isomers: (1) Acetylmethadol; (2) Allylprodine; (3) Alphacetylmethadol (except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol; levomethadyl acetate; or LAAM); (4) Alphameprodine; (5) Alphamethadol; (6) Benzethidine; (7) Betacetylmethadol; (8) Betameprodine; (9) Betamethadol; (10) Betaprodine; (11) Clonitazene; (12) Dextromoramide; (13) Diampromide; (14) Diethylthiambutene; (15) Difenoxin; (16) Dimenoxadol; (17) Dimepheptanol; (18) Dimethylthiambutene; (19) Dioxaphetyl butyrate; (20) Dipipanone; (21) Ethylmethylthiambutene; (22) Etonitazene; (23) Etoxeridine; (24) Furethidine; (25) Hydroxypethidine; (26) Ketobemidone; (27) Levomoramide; (28) Levophenacylmorphan; (29) Morpheridine; (30) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine); (31) Noracymethadol; (32) Norlevorphanol; (33) Normethadone; (34) Norpipanone; (35) PEPAP (1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine); (36) Phenadoxone; (37) Phenampromide; (38) Phenomorphan; (39) Phenoperidine; (40) Piritramide; (41) Proheptazine; (42) Properidine; (43) Propiram; (44) Racemoramide; (45) Tilidine; (46) Trimeperidine; (47) U-47700; or (48) Fentanyl derivatives and analogues: (A) Unless specifically excepted, listed in another schedule, or contained within a pharmaceutical product approved by the United States food and drug administration, any material, compound, mixture, or preparation, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers, whenever the existence of such salts is possible within any of the following specific chemical designations containing a 4-anilidopiperidine structure: (i) With or without substitution at the carbonyl of the aniline moiety with alkyl, alkenyl, carboalkoxy, cycloalkyl, methoxyalkyl, cyanoalkyl, or aryl groups, or furanyl, dihydrofuranyl, benzyl moiety, or rings containing heteroatoms sulfur, oxygen, or nitrogen; (ii) With or without substitution at the piperidine amino moiety with a phenethyl, benzyl, alkylaryl (including heteroaromatics), alkyltetrazolyl ring, or an alkyl or carbomethoxy group, whether or not further substituted in the ring or group; (iii) With or without substitution or addition to the piperdine ring to any extent with one or more methyl, carbomethoxy, methoxy, methoxymethyl, aryl, allyl, or ester groups; (iv) With or without substitution of one or more hydrogen atoms for halogens, or methyl, alkyl, or methoxy groups, in the aromatic ring of the anilide moiety; (v) With or without substitution at the alpha or beta position of the piperidine ring with alkyl, hydroxyl, or methoxy groups; (vi) With or without substitution of the benzene ring of the anilide moiety for an aromatic heterocycle; or (vii) With or without substitution of the piperidine ring for a pyrrolidine ring, perhydroazepine ring, or azepine ring; and (B) The application of subdivision (b)(48)(A) includes, but is not limited to, any of the following: (i) Acetylfentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide); (ii) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidnyl]-N-phenyl-acetamide); (iii) Acryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide); (iv) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido)piperidine); (v) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide); (vi) Benzodioxolefentanyl; (vii) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide); (viii) Beta-hydroxythiofentanyl (N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylpropionamide); N-[1-[2-hydroxy-2-(2-thienyl)ethyl]-4-piperidinyl]-N-phenylpropanamide); (ix) Beta-hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide); (x) Butyrylfentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide; N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide); (xi) Cyclopentyl fentanyl; (xii) Isobutyryl fentanyl; (xiii) Furanyl fentanyl; (xiv) Lofentanil; (xv) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide); (xvi) 3-Methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide); (xvii) Ocfentanil; (xviii) Ohmefentanyl; (xix) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide); (xx) Para-fluoroisobutyryl fentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide; 4-fluoroisobutyryl fentanyl; (xxi) Pentanoyl fentanyl; (xxii) Thiofentanyl; or (xxiii) Valeryl fentanyl. (c) Opium derivatives, unless specifically excepted or unless listed in another schedule, means any of the following opium derivatives, its salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Acetorphine; (2) Acetyldihydrocodeine; (3) Benzylmorphine; (4) Codeine methylbromide; (5) Codeine-N-Oxide; (6) Cyprenorphine; (7) Desomorphine; (8) Dihydromorphine; (9) Drotebanol; (10) Etorphine (except hydrochloride salt); (11) Heroin; (12) Hydromorphinol; (13) Methyldesorphine; (14) Methyldihydromorphine; (15) Morphine methylbromide; (16) Morphine methylsulfonate; (17) Morphine-N-Oxide; (18) Myrophine; (19) Nicocodeine; (20) Nicomorphine; (21) Normorphine; (22) Pholcodine; or (23) Thebacon. (d) Hallucinogenic substances, unless specifically excepted or unless listed in another schedule, means any material, compound mixture, or preparation that contains any quantity of the following hallucinogenic substances, or that contains any of its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specified chemical designation; provided, that for purposes of this subsection (d) only, "isomer" includes the optical, positional, and geometric isomers: (1) Alpha-ethyltryptamine Other names: etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; [alpha]-ET; and AET; ET; Trip; (2) Alpha-methyltryptamine Other name: AMT; (3) 4-Bromo-2,5-dimethoxyamphetamine Other names: 4-Bromo-2,5-dimethoxy-[alpha]-methylphenethylamine; 4-bromo-2,5-DMA; (4) 4-Bromo-2,5-dimethoxyphenethylamine Other names: 2-(4-Bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB; 2C-B; Nexus; (5) 2-(4-Bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine Other names: 25B-NBOMe; 2C-B-NBOMe; 25B; Cimbi-36; (6) Bufotenine Other names: 3-([beta]-Dimethylaminoethyl)-5-hydroxyindole; 3-(2 dimethylaminoethyl)-5-indolol; N,N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine; (7) 2-(4-Chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine Other names: 25C-NBOMe; 2C-C-NBOMe; 25C; Cimbi-82; (8) Diethyltryptamine Other names: N,N-Diethyltryptamine; DET; (9) 2,5-Dimethoxyamphetamine Other names: 2,5-Dimethoxy-[alpha]-methylphenethylamine; 2,5-DMA; (10) 2,5-Dimethoxy-4-ethylamphetamine Other name: DOET; (11) 2,5 Dimethoxy-4-(n)-propylthiophenethylamine Other name: 2C-T-7; (12) Dimethyltryptamine Other name: DMT; (13) Ethylamine analogue of phencyclidine Other names: N-Ethyl-1-phenylcyclohexylamine; (1-phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE; (14) Ibogaine Other names: 7-Ethyl-6,6[beta],7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1',2':1,2]azepino[5,4-b]indole; Tabenanthe iboga; (15) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine Other names: 25I-NBOMe; 2C-I-NBOMe; 25I; Cimbi-5; (16) Lysergic acid diethylamide Other name: LSD; (17) Mescaline Other name: Constituent of "Peyote" cacti; (18) 4-Methoxyamphetamine Other names: 4-methoxy-[alpha]-methylphenethylamine; paramethoxyamphetamine; PMA; (19) 5-Methoxy-3,4-methylenedioxyamphetamine; (20) 5-Methoxy-N,N-diisopropyltryptamine Other name: 5-MeO-DIPT; (21) 5-methoxy-N,N-dimethyltryptamine Other names: 5-methoxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT; (22) 4-Methyl-2,5-dimethoxyamphetamine Other names: 4-methyl-2,5-dimethoxy-[alpha]-methylphenethylamine; DOM; STP; (23) 3,4-Methylenedioxyamphetamine; (24) 3,4-Methylenedioxymethamphetamine Other name: MDMA; (25) 3,4-Methylenedioxy-N-ethylamphetamine Other names: N-ethyl-alpha-methyl 3,4(methylenedioxy) phenethylamine; N-ethyl MDA; MDE; MDEA; (26) 3,4-Methylenedioxy-N-methylcathinone Other name: Methylone; (27) N-Ethyl-3-piperidyl benzilate; (28) N-Hydroxy-3,4-methylenedioxyamphetamine Other names: N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine; N-hydroxy MDA; (29) N-methyl-3-piperidyl benzilate; (30) Parahexyl Other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran; Synhexyl; (31) Peyote Meaning all parts of the plant presently classified botanically as Lophophora williamsii Lamaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant or its seeds or extracts (Interprets 21 U.S.C. § 812(c) , Schedule l(c)(12)); (32) Psilocybin (constituent of magic mushrooms); (33) Psilocyn (constituent of magic mushrooms); (34) Pyrrolidine analogue of phencyclidine (1-(1-phenylcyclohexyl)-pyrrolidine) Other names: PCPy; PHP; (35) 1-[1-(2-Thienyl)cyclohexyl]pyrrolidine Other name: TCPy; (36) 4-Methylmethcathinone Other names: mephedrone; methpadrone; 4-MMC; (37) 3,4-Methylenedioxypyrovalerone Other name: MDPV; (38) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E); (39) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D); (40) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C); (41) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I); (42) 2-[4-Ethylthio-2,5-dimethoxyphenyl]ethanamine (2C-T-2); (43) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4); (44) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H); (45) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N); (46) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P); (47) Thiophene analogue of phencyclidine Other names: 1-[1-(2-thienyl)cyclohexyl]piperidine; 2-thienylanalog of phencyclidine; TPCP; TCP; (48) 3,4,5-Trimethoxyamphetamine; (49) (1-Pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone Other names: UR-144; 1-pentyl-3-(2,2,3,3 tetramethylcyclopropoyl)indole; or (50) [1-(5-Fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl) methanone Other names: 5-fluoro-UR-144; 5-F-UR-144; XLR-11 1-(5-fluoro-pentyl)-3- (2,2,3,3-tetramethylcyclopropoyl)indole. (e) Depressants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specified chemical designation: (1) Etizolam Other names: Etilaam, Etizola, Sedekopan, Pasaden, Depas; (2) Gamma-hydroxybutyric acid Other names: GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate; (3) Mecloqualone; or (4) Methaqualone. (f) Stimulants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers: (1) Alpha-pyrrolidinobutiophenone Other names: [alpha]-PBP; 1-phenyl-2-(pyrrolidin-1-yl)butan-1-one; (2) Alpha-pyrrolidinopentiophenone Other names: [alpha]-PVP; [alpha]-pyrrolidinovalerophenone; 1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one; (3) Aminorex Other names: aminoxophen; 2-amino-5-phenyl-2-oxazoline; or 4,5-dihydro-5-phenyl-2-oxazolamine; (4) Butylone Other names: bk-MBDB; 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one; (5) Cathinone Other names: 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone; 2-aminopropiophenone; norphedrone; constituent of catha edulis or "Khat" plant; (6) 3-Fluoro-N-methylcathinone Other names: 3-FMC; 1-(3-fluorophenyl)-2-(methylamino)propan-1-one; (7) 4-Fluoro-N-methylcathinone Other names: 4-FMC; flephedrone; 1-(4-fluorophenyl)-2-(methylamino)propan-1-one; (8) Fenethylline; (9) Methcathinone Other names: 2-(methylamino)-propiophenone; alpha-(methylamino) propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR1432; (10) (+/-)cis-4-Methylaminorex (cis isomer) Other name: (+/-)cis-4,5 dihydro-4-methyl-5-phenyl-2-oxazolamine; (11) 4-Methyl-N-ethylcathinone Other names: 4-MEC; 2-(ethylamino)-1-(4-methylphenyl)propan-1-one; (12) 4-Methyl-alpha-pyrrolidinopropiophenone Other names: 4-MePPP; MePPP; 4-methyl-[alpha]-pyrrolidinopropiophenone; 1-(4-methylphenyl)-2-(pyrrolidin-1-yl)-propan-1-one; (13) Naphyrone Other names: naphthylpyrovalerone; 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one; (14) N-Benzylpiperazine Other names: BZP; 1-benzylpiperazine; (15) N-Ethylamphetamine; (16) N,N-Dimethylamphetamine Other names: N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenethylamine; (17) Pentedrone Other names: [alpha]-methylaminovalerophenone; 2-(methylamino)-1-phenylpentan-1-one; or (18) Pentylone Other names: bk-MBDP; 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one. (g) Cannabimimetic agents, unless specifically exempted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances, or that contains their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) 5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497); (2) 5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP-47,497 C8-homolog); (3) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678); (4) 1-Butyl-3-(1-naphthoyl)indole (JWH-073); (5) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019); (6) 1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); (7) 1-Pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250); (8) 1-Pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081); (9) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122); (10) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398); (11) (1-(5-Fluoropentyl)-1H-indazol-3-yl)(naphthalen-1-yl)methanone (THJ-2201); (12) 1-(5-Fluoropentyl)-3-(1-naphthoyl)indole (AM2201); (13) 1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole (AM694); (14) 1-Pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19 and RCS-4); (15) 1-Cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and RCS-8); (16) 1-Pentyl-3-(2-chlorophenylacetyl)indole (JWH-203); (17) Methyl 2-(1-(cyclohexylmethyl)-1h-indole-3-carboxamido)-3,3-dimethylbutanoate Other names: MDMB-CHMICA, MMB-CHMINACA; (18) Methyl 2-(1-(4-fluorobenzyl)-1h-indazole-3-carboxamido)-3,3-dimethylbutanoate Other name: MDMB-FUBINACA; (19) Methyl 2-(1-(5-fluoropentyl)-1h-indazole-3-carboxamido)-3-methylbutanoate Other name: 5F-AMB; (20) Methyl 2-(1-(5-fluoropentyl)-1h-indazole-3-carboxamido)-3,3-dimethylbutanoate Other names: 5F-ADB, 5F-MDMB-PINACA; (21) N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide Other names: APINACA; AKB48; (22) N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide Other names: 5F-APINACA, 5F-AKB48; (23) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide Other name: AB-FUBINACA; (24) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1H-indazole-3-carboxamide Other name: AB-CHMINACA; (25) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)1H-indazole-3-carboxamide Other name: ADB-FUBINACA; (26) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide Other name: ADB-PINACA; (27) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide Other name: AB-PINACA; (28) Quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate Other names: 5-fluoro-PB-22; 5F-PB-22; or (29) Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate Other names: PB-22; QUPIC. Amended by 2018 Tenn. Acts, ch. 1040,s 3, eff. 7/1/2018. Amended by 2015 Tenn. Acts, ch. 302,s 1, eff. 7/1/2015. Amended by 2014 Tenn. Acts, ch. 735,s 2, eff. 7/1/2014. Acts 1989, ch. 591, § 1; 1997, ch. 107, § 1; 1997, ch. 149, § 1; 2007, ch. 298, §§ 1-4; 2012, ch. 812, § 1.
(a) Schedule I consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
(b) Opiates, unless specifically excepted or unless listed in another schedule, means any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation; provided, that for the purposes of subdivision (b)(48)(B)(xv), 3-Methylfentanyl, only, "isomer" includes the optical and geometric isomers: (1) Acetylmethadol; (2) Allylprodine; (3) Alphacetylmethadol (except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol; levomethadyl acetate; or LAAM); (4) Alphameprodine; (5) Alphamethadol; (6) Benzethidine; (7) Betacetylmethadol; (8) Betameprodine; (9) Betamethadol; (10) Betaprodine; (11) Clonitazene; (12) Dextromoramide; (13) Diampromide; (14) Diethylthiambutene; (15) Difenoxin; (16) Dimenoxadol; (17) Dimepheptanol; (18) Dimethylthiambutene; (19) Dioxaphetyl butyrate; (20) Dipipanone; (21) Ethylmethylthiambutene; (22) Etonitazene; (23) Etoxeridine; (24) Furethidine; (25) Hydroxypethidine; (26) Ketobemidone; (27) Levomoramide; (28) Levophenacylmorphan; (29) Morpheridine; (30) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine); (31) Noracymethadol; (32) Norlevorphanol; (33) Normethadone; (34) Norpipanone; (35) PEPAP (1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine); (36) Phenadoxone; (37) Phenampromide; (38) Phenomorphan; (39) Phenoperidine; (40) Piritramide; (41) Proheptazine; (42) Properidine; (43) Propiram; (44) Racemoramide; (45) Tilidine; (46) Trimeperidine; (47) U-47700; or (48) Fentanyl derivatives and analogues: (A) Unless specifically excepted, listed in another schedule, or contained within a pharmaceutical product approved by the United States food and drug administration, any material, compound, mixture, or preparation, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers, whenever the existence of such salts is possible within any of the following specific chemical designations containing a 4-anilidopiperidine structure: (i) With or without substitution at the carbonyl of the aniline moiety with alkyl, alkenyl, carboalkoxy, cycloalkyl, methoxyalkyl, cyanoalkyl, or aryl groups, or furanyl, dihydrofuranyl, benzyl moiety, or rings containing heteroatoms sulfur, oxygen, or nitrogen; (ii) With or without substitution at the piperidine amino moiety with a phenethyl, benzyl, alkylaryl (including heteroaromatics), alkyltetrazolyl ring, or an alkyl or carbomethoxy group, whether or not further substituted in the ring or group; (iii) With or without substitution or addition to the piperdine ring to any extent with one or more methyl, carbomethoxy, methoxy, methoxymethyl, aryl, allyl, or ester groups; (iv) With or without substitution of one or more hydrogen atoms for halogens, or methyl, alkyl, or methoxy groups, in the aromatic ring of the anilide moiety; (v) With or without substitution at the alpha or beta position of the piperidine ring with alkyl, hydroxyl, or methoxy groups; (vi) With or without substitution of the benzene ring of the anilide moiety for an aromatic heterocycle; or (vii) With or without substitution of the piperidine ring for a pyrrolidine ring, perhydroazepine ring, or azepine ring; and (B) The application of subdivision (b)(48)(A) includes, but is not limited to, any of the following: (i) Acetylfentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide); (ii) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidnyl]-N-phenyl-acetamide); (iii) Acryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide); (iv) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido)piperidine); (v) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide); (vi) Benzodioxolefentanyl; (vii) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide); (viii) Beta-hydroxythiofentanyl (N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylpropionamide); N-[1-[2-hydroxy-2-(2-thienyl)ethyl]-4-piperidinyl]-N-phenylpropanamide); (ix) Beta-hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide); (x) Butyrylfentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide; N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide); (xi) Cyclopentyl fentanyl; (xii) Isobutyryl fentanyl; (xiii) Furanyl fentanyl; (xiv) Lofentanil; (xv) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide); (xvi) 3-Methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide); (xvii) Ocfentanil; (xviii) Ohmefentanyl; (xix) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide); (xx) Para-fluoroisobutyryl fentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide; 4-fluoroisobutyryl fentanyl; (xxi) Pentanoyl fentanyl; (xxii) Thiofentanyl; or (xxiii) Valeryl fentanyl.
(1) Acetylmethadol;
(2) Allylprodine;
(3) Alphacetylmethadol (except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol; levomethadyl acetate; or LAAM);
(4) Alphameprodine;
(5) Alphamethadol;
(6) Benzethidine;
(7) Betacetylmethadol;
(8) Betameprodine;
(9) Betamethadol;
(10) Betaprodine;
(11) Clonitazene;
(12) Dextromoramide;
(13) Diampromide;
(14) Diethylthiambutene;
(15) Difenoxin;
(16) Dimenoxadol;
(17) Dimepheptanol;
(18) Dimethylthiambutene;
(19) Dioxaphetyl butyrate;
(20) Dipipanone;
(21) Ethylmethylthiambutene;
(22) Etonitazene;
(23) Etoxeridine;
(24) Furethidine;
(25) Hydroxypethidine;
(26) Ketobemidone;
(27) Levomoramide;
(28) Levophenacylmorphan;
(29) Morpheridine;
(30) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(31) Noracymethadol;
(32) Norlevorphanol;
(33) Normethadone;
(34) Norpipanone;
(35) PEPAP (1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine);
(36) Phenadoxone;
(37) Phenampromide;
(38) Phenomorphan;
(39) Phenoperidine;
(40) Piritramide;
(41) Proheptazine;
(42) Properidine;
(43) Propiram;
(44) Racemoramide;
(45) Tilidine;
(46) Trimeperidine;
(47) U-47700; or
(48) Fentanyl derivatives and analogues: (A) Unless specifically excepted, listed in another schedule, or contained within a pharmaceutical product approved by the United States food and drug administration, any material, compound, mixture, or preparation, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers, whenever the existence of such salts is possible within any of the following specific chemical designations containing a 4-anilidopiperidine structure: (i) With or without substitution at the carbonyl of the aniline moiety with alkyl, alkenyl, carboalkoxy, cycloalkyl, methoxyalkyl, cyanoalkyl, or aryl groups, or furanyl, dihydrofuranyl, benzyl moiety, or rings containing heteroatoms sulfur, oxygen, or nitrogen; (ii) With or without substitution at the piperidine amino moiety with a phenethyl, benzyl, alkylaryl (including heteroaromatics), alkyltetrazolyl ring, or an alkyl or carbomethoxy group, whether or not further substituted in the ring or group; (iii) With or without substitution or addition to the piperdine ring to any extent with one or more methyl, carbomethoxy, methoxy, methoxymethyl, aryl, allyl, or ester groups; (iv) With or without substitution of one or more hydrogen atoms for halogens, or methyl, alkyl, or methoxy groups, in the aromatic ring of the anilide moiety; (v) With or without substitution at the alpha or beta position of the piperidine ring with alkyl, hydroxyl, or methoxy groups; (vi) With or without substitution of the benzene ring of the anilide moiety for an aromatic heterocycle; or (vii) With or without substitution of the piperidine ring for a pyrrolidine ring, perhydroazepine ring, or azepine ring; and (B) The application of subdivision (b)(48)(A) includes, but is not limited to, any of the following: (i) Acetylfentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide); (ii) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidnyl]-N-phenyl-acetamide); (iii) Acryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide); (iv) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido)piperidine); (v) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide); (vi) Benzodioxolefentanyl; (vii) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide); (viii) Beta-hydroxythiofentanyl (N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylpropionamide); N-[1-[2-hydroxy-2-(2-thienyl)ethyl]-4-piperidinyl]-N-phenylpropanamide); (ix) Beta-hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide); (x) Butyrylfentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide; N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide); (xi) Cyclopentyl fentanyl; (xii) Isobutyryl fentanyl; (xiii) Furanyl fentanyl; (xiv) Lofentanil; (xv) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide); (xvi) 3-Methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide); (xvii) Ocfentanil; (xviii) Ohmefentanyl; (xix) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide); (xx) Para-fluoroisobutyryl fentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide; 4-fluoroisobutyryl fentanyl; (xxi) Pentanoyl fentanyl; (xxii) Thiofentanyl; or (xxiii) Valeryl fentanyl.
(A) Unless specifically excepted, listed in another schedule, or contained within a pharmaceutical product approved by the United States food and drug administration, any material, compound, mixture, or preparation, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers, whenever the existence of such salts is possible within any of the following specific chemical designations containing a 4-anilidopiperidine structure: (i) With or without substitution at the carbonyl of the aniline moiety with alkyl, alkenyl, carboalkoxy, cycloalkyl, methoxyalkyl, cyanoalkyl, or aryl groups, or furanyl, dihydrofuranyl, benzyl moiety, or rings containing heteroatoms sulfur, oxygen, or nitrogen; (ii) With or without substitution at the piperidine amino moiety with a phenethyl, benzyl, alkylaryl (including heteroaromatics), alkyltetrazolyl ring, or an alkyl or carbomethoxy group, whether or not further substituted in the ring or group; (iii) With or without substitution or addition to the piperdine ring to any extent with one or more methyl, carbomethoxy, methoxy, methoxymethyl, aryl, allyl, or ester groups; (iv) With or without substitution of one or more hydrogen atoms for halogens, or methyl, alkyl, or methoxy groups, in the aromatic ring of the anilide moiety; (v) With or without substitution at the alpha or beta position of the piperidine ring with alkyl, hydroxyl, or methoxy groups; (vi) With or without substitution of the benzene ring of the anilide moiety for an aromatic heterocycle; or (vii) With or without substitution of the piperidine ring for a pyrrolidine ring, perhydroazepine ring, or azepine ring; and
(i) With or without substitution at the carbonyl of the aniline moiety with alkyl, alkenyl, carboalkoxy, cycloalkyl, methoxyalkyl, cyanoalkyl, or aryl groups, or furanyl, dihydrofuranyl, benzyl moiety, or rings containing heteroatoms sulfur, oxygen, or nitrogen;
(ii) With or without substitution at the piperidine amino moiety with a phenethyl, benzyl, alkylaryl (including heteroaromatics), alkyltetrazolyl ring, or an alkyl or carbomethoxy group, whether or not further substituted in the ring or group;
(iii) With or without substitution or addition to the piperdine ring to any extent with one or more methyl, carbomethoxy, methoxy, methoxymethyl, aryl, allyl, or ester groups;
(iv) With or without substitution of one or more hydrogen atoms for halogens, or methyl, alkyl, or methoxy groups, in the aromatic ring of the anilide moiety;
(v) With or without substitution at the alpha or beta position of the piperidine ring with alkyl, hydroxyl, or methoxy groups;
(vi) With or without substitution of the benzene ring of the anilide moiety for an aromatic heterocycle; or
(vii) With or without substitution of the piperidine ring for a pyrrolidine ring, perhydroazepine ring, or azepine ring; and
(B) The application of subdivision (b)(48)(A) includes, but is not limited to, any of the following: (i) Acetylfentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide); (ii) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidnyl]-N-phenyl-acetamide); (iii) Acryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide); (iv) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido)piperidine); (v) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide); (vi) Benzodioxolefentanyl; (vii) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide); (viii) Beta-hydroxythiofentanyl (N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylpropionamide); N-[1-[2-hydroxy-2-(2-thienyl)ethyl]-4-piperidinyl]-N-phenylpropanamide); (ix) Beta-hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide); (x) Butyrylfentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide; N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide); (xi) Cyclopentyl fentanyl; (xii) Isobutyryl fentanyl; (xiii) Furanyl fentanyl; (xiv) Lofentanil; (xv) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide); (xvi) 3-Methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide); (xvii) Ocfentanil; (xviii) Ohmefentanyl; (xix) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide); (xx) Para-fluoroisobutyryl fentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide; 4-fluoroisobutyryl fentanyl; (xxi) Pentanoyl fentanyl; (xxii) Thiofentanyl; or (xxiii) Valeryl fentanyl.
(i) Acetylfentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide);
(ii) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidnyl]-N-phenyl-acetamide);
(iii) Acryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide);
(iv) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido)piperidine);
(v) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(vi) Benzodioxolefentanyl;
(vii) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide);
(viii) Beta-hydroxythiofentanyl (N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylpropionamide); N-[1-[2-hydroxy-2-(2-thienyl)ethyl]-4-piperidinyl]-N-phenylpropanamide);
(ix) Beta-hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide);
(x) Butyrylfentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide; N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide);
(xi) Cyclopentyl fentanyl;
(xii) Isobutyryl fentanyl;
(xiii) Furanyl fentanyl;
(xiv) Lofentanil;
(xv) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide);
(xvi) 3-Methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
(xvii) Ocfentanil;
(xviii) Ohmefentanyl;
(xix) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide);
(xx) Para-fluoroisobutyryl fentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide; 4-fluoroisobutyryl fentanyl;
(xxi) Pentanoyl fentanyl;
(xxii) Thiofentanyl; or
(xxiii) Valeryl fentanyl.
(c) Opium derivatives, unless specifically excepted or unless listed in another schedule, means any of the following opium derivatives, its salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) Acetorphine; (2) Acetyldihydrocodeine; (3) Benzylmorphine; (4) Codeine methylbromide; (5) Codeine-N-Oxide; (6) Cyprenorphine; (7) Desomorphine; (8) Dihydromorphine; (9) Drotebanol; (10) Etorphine (except hydrochloride salt); (11) Heroin; (12) Hydromorphinol; (13) Methyldesorphine; (14) Methyldihydromorphine; (15) Morphine methylbromide; (16) Morphine methylsulfonate; (17) Morphine-N-Oxide; (18) Myrophine; (19) Nicocodeine; (20) Nicomorphine; (21) Normorphine; (22) Pholcodine; or (23) Thebacon.
(1) Acetorphine;
(2) Acetyldihydrocodeine;
(3) Benzylmorphine;
(4) Codeine methylbromide;
(5) Codeine-N-Oxide;
(6) Cyprenorphine;
(7) Desomorphine;
(8) Dihydromorphine;
(9) Drotebanol;
(10) Etorphine (except hydrochloride salt);
(11) Heroin;
(12) Hydromorphinol;
(13) Methyldesorphine;
(14) Methyldihydromorphine;
(15) Morphine methylbromide;
(16) Morphine methylsulfonate;
(17) Morphine-N-Oxide;
(18) Myrophine;
(19) Nicocodeine;
(20) Nicomorphine;
(21) Normorphine;
(22) Pholcodine; or
(23) Thebacon.
(d) Hallucinogenic substances, unless specifically excepted or unless listed in another schedule, means any material, compound mixture, or preparation that contains any quantity of the following hallucinogenic substances, or that contains any of its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specified chemical designation; provided, that for purposes of this subsection (d) only, "isomer" includes the optical, positional, and geometric isomers: (1) Alpha-ethyltryptamine Other names: etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; [alpha]-ET; and AET; ET; Trip; (2) Alpha-methyltryptamine Other name: AMT; (3) 4-Bromo-2,5-dimethoxyamphetamine Other names: 4-Bromo-2,5-dimethoxy-[alpha]-methylphenethylamine; 4-bromo-2,5-DMA; (4) 4-Bromo-2,5-dimethoxyphenethylamine Other names: 2-(4-Bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB; 2C-B; Nexus; (5) 2-(4-Bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine Other names: 25B-NBOMe; 2C-B-NBOMe; 25B; Cimbi-36; (6) Bufotenine Other names: 3-([beta]-Dimethylaminoethyl)-5-hydroxyindole; 3-(2 dimethylaminoethyl)-5-indolol; N,N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine; (7) 2-(4-Chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine Other names: 25C-NBOMe; 2C-C-NBOMe; 25C; Cimbi-82; (8) Diethyltryptamine Other names: N,N-Diethyltryptamine; DET; (9) 2,5-Dimethoxyamphetamine Other names: 2,5-Dimethoxy-[alpha]-methylphenethylamine; 2,5-DMA; (10) 2,5-Dimethoxy-4-ethylamphetamine Other name: DOET; (11) 2,5 Dimethoxy-4-(n)-propylthiophenethylamine Other name: 2C-T-7; (12) Dimethyltryptamine Other name: DMT; (13) Ethylamine analogue of phencyclidine Other names: N-Ethyl-1-phenylcyclohexylamine; (1-phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE; (14) Ibogaine Other names: 7-Ethyl-6,6[beta],7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1',2':1,2]azepino[5,4-b]indole; Tabenanthe iboga; (15) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine Other names: 25I-NBOMe; 2C-I-NBOMe; 25I; Cimbi-5; (16) Lysergic acid diethylamide Other name: LSD; (17) Mescaline Other name: Constituent of "Peyote" cacti; (18) 4-Methoxyamphetamine Other names: 4-methoxy-[alpha]-methylphenethylamine; paramethoxyamphetamine; PMA; (19) 5-Methoxy-3,4-methylenedioxyamphetamine; (20) 5-Methoxy-N,N-diisopropyltryptamine Other name: 5-MeO-DIPT; (21) 5-methoxy-N,N-dimethyltryptamine Other names: 5-methoxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT; (22) 4-Methyl-2,5-dimethoxyamphetamine Other names: 4-methyl-2,5-dimethoxy-[alpha]-methylphenethylamine; DOM; STP; (23) 3,4-Methylenedioxyamphetamine; (24) 3,4-Methylenedioxymethamphetamine Other name: MDMA; (25) 3,4-Methylenedioxy-N-ethylamphetamine Other names: N-ethyl-alpha-methyl 3,4(methylenedioxy) phenethylamine; N-ethyl MDA; MDE; MDEA; (26) 3,4-Methylenedioxy-N-methylcathinone Other name: Methylone; (27) N-Ethyl-3-piperidyl benzilate; (28) N-Hydroxy-3,4-methylenedioxyamphetamine Other names: N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine; N-hydroxy MDA; (29) N-methyl-3-piperidyl benzilate; (30) Parahexyl Other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran; Synhexyl; (31) Peyote Meaning all parts of the plant presently classified botanically as Lophophora williamsii Lamaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant or its seeds or extracts (Interprets 21 U.S.C. § 812(c) , Schedule l(c)(12)); (32) Psilocybin (constituent of magic mushrooms); (33) Psilocyn (constituent of magic mushrooms); (34) Pyrrolidine analogue of phencyclidine (1-(1-phenylcyclohexyl)-pyrrolidine) Other names: PCPy; PHP; (35) 1-[1-(2-Thienyl)cyclohexyl]pyrrolidine Other name: TCPy; (36) 4-Methylmethcathinone Other names: mephedrone; methpadrone; 4-MMC; (37) 3,4-Methylenedioxypyrovalerone Other name: MDPV; (38) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E); (39) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D); (40) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C); (41) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I); (42) 2-[4-Ethylthio-2,5-dimethoxyphenyl]ethanamine (2C-T-2); (43) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4); (44) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H); (45) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N); (46) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P); (47) Thiophene analogue of phencyclidine Other names: 1-[1-(2-thienyl)cyclohexyl]piperidine; 2-thienylanalog of phencyclidine; TPCP; TCP; (48) 3,4,5-Trimethoxyamphetamine; (49) (1-Pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone Other names: UR-144; 1-pentyl-3-(2,2,3,3 tetramethylcyclopropoyl)indole; or (50) [1-(5-Fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl) methanone Other names: 5-fluoro-UR-144; 5-F-UR-144; XLR-11 1-(5-fluoro-pentyl)-3- (2,2,3,3-tetramethylcyclopropoyl)indole.
(1) Alpha-ethyltryptamine Other names: etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; [alpha]-ET; and AET; ET; Trip;
Other names: etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; [alpha]-ET; and AET; ET; Trip;
(2) Alpha-methyltryptamine Other name: AMT;
Other name: AMT;
(3) 4-Bromo-2,5-dimethoxyamphetamine Other names: 4-Bromo-2,5-dimethoxy-[alpha]-methylphenethylamine; 4-bromo-2,5-DMA;
Other names: 4-Bromo-2,5-dimethoxy-[alpha]-methylphenethylamine; 4-bromo-2,5-DMA;
(4) 4-Bromo-2,5-dimethoxyphenethylamine Other names: 2-(4-Bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB; 2C-B; Nexus;
Other names: 2-(4-Bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB; 2C-B; Nexus;
(5) 2-(4-Bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine Other names: 25B-NBOMe; 2C-B-NBOMe; 25B; Cimbi-36;
Other names: 25B-NBOMe; 2C-B-NBOMe; 25B; Cimbi-36;
(6) Bufotenine Other names: 3-([beta]-Dimethylaminoethyl)-5-hydroxyindole; 3-(2 dimethylaminoethyl)-5-indolol; N,N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine;
Other names: 3-([beta]-Dimethylaminoethyl)-5-hydroxyindole; 3-(2 dimethylaminoethyl)-5-indolol; N,N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine;
(7) 2-(4-Chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine Other names: 25C-NBOMe; 2C-C-NBOMe; 25C; Cimbi-82;
Other names: 25C-NBOMe; 2C-C-NBOMe; 25C; Cimbi-82;
(8) Diethyltryptamine Other names: N,N-Diethyltryptamine; DET;
Other names: N,N-Diethyltryptamine; DET;
(9) 2,5-Dimethoxyamphetamine Other names: 2,5-Dimethoxy-[alpha]-methylphenethylamine; 2,5-DMA;
Other names: 2,5-Dimethoxy-[alpha]-methylphenethylamine; 2,5-DMA;
(10) 2,5-Dimethoxy-4-ethylamphetamine Other name: DOET;
Other name: DOET;
(11) 2,5 Dimethoxy-4-(n)-propylthiophenethylamine Other name: 2C-T-7;
Other name: 2C-T-7;
(12) Dimethyltryptamine Other name: DMT;
Other name: DMT;
(13) Ethylamine analogue of phencyclidine Other names: N-Ethyl-1-phenylcyclohexylamine; (1-phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE;
Other names: N-Ethyl-1-phenylcyclohexylamine; (1-phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE;
(14) Ibogaine Other names: 7-Ethyl-6,6[beta],7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1',2':1,2]azepino[5,4-b]indole; Tabenanthe iboga;
Other names: 7-Ethyl-6,6[beta],7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1',2':1,2]azepino[5,4-b]indole; Tabenanthe iboga;
(15) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine Other names: 25I-NBOMe; 2C-I-NBOMe; 25I; Cimbi-5;
Other names: 25I-NBOMe; 2C-I-NBOMe; 25I; Cimbi-5;
(16) Lysergic acid diethylamide Other name: LSD;
Other name: LSD;
(17) Mescaline Other name: Constituent of "Peyote" cacti;
Other name: Constituent of "Peyote" cacti;
(18) 4-Methoxyamphetamine Other names: 4-methoxy-[alpha]-methylphenethylamine; paramethoxyamphetamine; PMA;
Other names: 4-methoxy-[alpha]-methylphenethylamine; paramethoxyamphetamine; PMA;
(19) 5-Methoxy-3,4-methylenedioxyamphetamine;
(20) 5-Methoxy-N,N-diisopropyltryptamine Other name: 5-MeO-DIPT;
Other name: 5-MeO-DIPT;
(21) 5-methoxy-N,N-dimethyltryptamine Other names: 5-methoxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT;
Other names: 5-methoxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT;
(22) 4-Methyl-2,5-dimethoxyamphetamine Other names: 4-methyl-2,5-dimethoxy-[alpha]-methylphenethylamine; DOM; STP;
Other names: 4-methyl-2,5-dimethoxy-[alpha]-methylphenethylamine; DOM; STP;
(23) 3,4-Methylenedioxyamphetamine;
(24) 3,4-Methylenedioxymethamphetamine Other name: MDMA;
Other name: MDMA;
(25) 3,4-Methylenedioxy-N-ethylamphetamine Other names: N-ethyl-alpha-methyl 3,4(methylenedioxy) phenethylamine; N-ethyl MDA; MDE; MDEA;
Other names: N-ethyl-alpha-methyl 3,4(methylenedioxy) phenethylamine; N-ethyl MDA; MDE; MDEA;
(26) 3,4-Methylenedioxy-N-methylcathinone Other name: Methylone;
Other name: Methylone;
(27) N-Ethyl-3-piperidyl benzilate;
(28) N-Hydroxy-3,4-methylenedioxyamphetamine Other names: N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine; N-hydroxy MDA;
Other names: N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine; N-hydroxy MDA;
(29) N-methyl-3-piperidyl benzilate;
(30) Parahexyl Other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran; Synhexyl;
Other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran; Synhexyl;
(31) Peyote Meaning all parts of the plant presently classified botanically as Lophophora williamsii Lamaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant or its seeds or extracts (Interprets 21 U.S.C. § 812(c) , Schedule l(c)(12));
Meaning all parts of the plant presently classified botanically as Lophophora williamsii Lamaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant or its seeds or extracts (Interprets 21 U.S.C. § 812(c) , Schedule l(c)(12));
(32) Psilocybin (constituent of magic mushrooms);
(33) Psilocyn (constituent of magic mushrooms);
(34) Pyrrolidine analogue of phencyclidine (1-(1-phenylcyclohexyl)-pyrrolidine) Other names: PCPy; PHP;
Other names: PCPy; PHP;
(35) 1-[1-(2-Thienyl)cyclohexyl]pyrrolidine Other name: TCPy;
Other name: TCPy;
(36) 4-Methylmethcathinone Other names: mephedrone; methpadrone; 4-MMC;
Other names: mephedrone; methpadrone; 4-MMC;
(37) 3,4-Methylenedioxypyrovalerone Other name: MDPV;
Other name: MDPV;
(38) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
(39) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D);
(40) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
(41) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
(42) 2-[4-Ethylthio-2,5-dimethoxyphenyl]ethanamine (2C-T-2);
(43) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4);
(44) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
(45) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
(46) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P);
(47) Thiophene analogue of phencyclidine Other names: 1-[1-(2-thienyl)cyclohexyl]piperidine; 2-thienylanalog of phencyclidine; TPCP; TCP;
Other names: 1-[1-(2-thienyl)cyclohexyl]piperidine; 2-thienylanalog of phencyclidine; TPCP; TCP;
(48) 3,4,5-Trimethoxyamphetamine;
(49) (1-Pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone Other names: UR-144; 1-pentyl-3-(2,2,3,3 tetramethylcyclopropoyl)indole; or
Other names: UR-144; 1-pentyl-3-(2,2,3,3 tetramethylcyclopropoyl)indole; or
(50) [1-(5-Fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl) methanone Other names: 5-fluoro-UR-144; 5-F-UR-144; XLR-11 1-(5-fluoro-pentyl)-3- (2,2,3,3-tetramethylcyclopropoyl)indole.
Other names: 5-fluoro-UR-144; 5-F-UR-144; XLR-11 1-(5-fluoro-pentyl)-3- (2,2,3,3-tetramethylcyclopropoyl)indole.
(e) Depressants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specified chemical designation: (1) Etizolam Other names: Etilaam, Etizola, Sedekopan, Pasaden, Depas; (2) Gamma-hydroxybutyric acid Other names: GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate; (3) Mecloqualone; or (4) Methaqualone.
(1) Etizolam Other names: Etilaam, Etizola, Sedekopan, Pasaden, Depas;
Other names: Etilaam, Etizola, Sedekopan, Pasaden, Depas;
(2) Gamma-hydroxybutyric acid Other names: GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate;
Other names: GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate;
(3) Mecloqualone; or
(4) Methaqualone.
(f) Stimulants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers: (1) Alpha-pyrrolidinobutiophenone Other names: [alpha]-PBP; 1-phenyl-2-(pyrrolidin-1-yl)butan-1-one; (2) Alpha-pyrrolidinopentiophenone Other names: [alpha]-PVP; [alpha]-pyrrolidinovalerophenone; 1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one; (3) Aminorex Other names: aminoxophen; 2-amino-5-phenyl-2-oxazoline; or 4,5-dihydro-5-phenyl-2-oxazolamine; (4) Butylone Other names: bk-MBDB; 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one; (5) Cathinone Other names: 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone; 2-aminopropiophenone; norphedrone; constituent of catha edulis or "Khat" plant; (6) 3-Fluoro-N-methylcathinone Other names: 3-FMC; 1-(3-fluorophenyl)-2-(methylamino)propan-1-one; (7) 4-Fluoro-N-methylcathinone Other names: 4-FMC; flephedrone; 1-(4-fluorophenyl)-2-(methylamino)propan-1-one; (8) Fenethylline; (9) Methcathinone Other names: 2-(methylamino)-propiophenone; alpha-(methylamino) propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR1432; (10) (+/-)cis-4-Methylaminorex (cis isomer) Other name: (+/-)cis-4,5 dihydro-4-methyl-5-phenyl-2-oxazolamine; (11) 4-Methyl-N-ethylcathinone Other names: 4-MEC; 2-(ethylamino)-1-(4-methylphenyl)propan-1-one; (12) 4-Methyl-alpha-pyrrolidinopropiophenone Other names: 4-MePPP; MePPP; 4-methyl-[alpha]-pyrrolidinopropiophenone; 1-(4-methylphenyl)-2-(pyrrolidin-1-yl)-propan-1-one; (13) Naphyrone Other names: naphthylpyrovalerone; 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one; (14) N-Benzylpiperazine Other names: BZP; 1-benzylpiperazine; (15) N-Ethylamphetamine; (16) N,N-Dimethylamphetamine Other names: N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenethylamine; (17) Pentedrone Other names: [alpha]-methylaminovalerophenone; 2-(methylamino)-1-phenylpentan-1-one; or (18) Pentylone Other names: bk-MBDP; 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one.
(1) Alpha-pyrrolidinobutiophenone Other names: [alpha]-PBP; 1-phenyl-2-(pyrrolidin-1-yl)butan-1-one;
Other names: [alpha]-PBP; 1-phenyl-2-(pyrrolidin-1-yl)butan-1-one;
(2) Alpha-pyrrolidinopentiophenone Other names: [alpha]-PVP; [alpha]-pyrrolidinovalerophenone; 1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one;
Other names: [alpha]-PVP; [alpha]-pyrrolidinovalerophenone; 1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one;
(3) Aminorex Other names: aminoxophen; 2-amino-5-phenyl-2-oxazoline; or 4,5-dihydro-5-phenyl-2-oxazolamine;
Other names: aminoxophen; 2-amino-5-phenyl-2-oxazoline; or 4,5-dihydro-5-phenyl-2-oxazolamine;
(4) Butylone Other names: bk-MBDB; 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one;
Other names: bk-MBDB; 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one;
(5) Cathinone Other names: 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone; 2-aminopropiophenone; norphedrone; constituent of catha edulis or "Khat" plant;
Other names: 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone; 2-aminopropiophenone; norphedrone; constituent of catha edulis or "Khat" plant;
(6) 3-Fluoro-N-methylcathinone Other names: 3-FMC; 1-(3-fluorophenyl)-2-(methylamino)propan-1-one;
Other names: 3-FMC; 1-(3-fluorophenyl)-2-(methylamino)propan-1-one;
(7) 4-Fluoro-N-methylcathinone Other names: 4-FMC; flephedrone; 1-(4-fluorophenyl)-2-(methylamino)propan-1-one;
Other names: 4-FMC; flephedrone; 1-(4-fluorophenyl)-2-(methylamino)propan-1-one;
(8) Fenethylline;
(9) Methcathinone Other names: 2-(methylamino)-propiophenone; alpha-(methylamino) propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR1432;
Other names: 2-(methylamino)-propiophenone; alpha-(methylamino) propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR1432;
(10) (+/-)cis-4-Methylaminorex (cis isomer) Other name: (+/-)cis-4,5 dihydro-4-methyl-5-phenyl-2-oxazolamine;
Other name: (+/-)cis-4,5 dihydro-4-methyl-5-phenyl-2-oxazolamine;
(11) 4-Methyl-N-ethylcathinone Other names: 4-MEC; 2-(ethylamino)-1-(4-methylphenyl)propan-1-one;
Other names: 4-MEC; 2-(ethylamino)-1-(4-methylphenyl)propan-1-one;
(12) 4-Methyl-alpha-pyrrolidinopropiophenone Other names: 4-MePPP; MePPP; 4-methyl-[alpha]-pyrrolidinopropiophenone; 1-(4-methylphenyl)-2-(pyrrolidin-1-yl)-propan-1-one;
Other names: 4-MePPP; MePPP; 4-methyl-[alpha]-pyrrolidinopropiophenone; 1-(4-methylphenyl)-2-(pyrrolidin-1-yl)-propan-1-one;
(13) Naphyrone Other names: naphthylpyrovalerone; 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one;
Other names: naphthylpyrovalerone; 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one;
(14) N-Benzylpiperazine Other names: BZP; 1-benzylpiperazine;
Other names: BZP; 1-benzylpiperazine;
(15) N-Ethylamphetamine;
(16) N,N-Dimethylamphetamine Other names: N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenethylamine;
Other names: N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenethylamine;
(17) Pentedrone Other names: [alpha]-methylaminovalerophenone; 2-(methylamino)-1-phenylpentan-1-one; or
Other names: [alpha]-methylaminovalerophenone; 2-(methylamino)-1-phenylpentan-1-one; or
(18) Pentylone Other names: bk-MBDP; 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one.
Other names: bk-MBDP; 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one.
(g) Cannabimimetic agents, unless specifically exempted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances, or that contains their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation: (1) 5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497); (2) 5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP-47,497 C8-homolog); (3) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678); (4) 1-Butyl-3-(1-naphthoyl)indole (JWH-073); (5) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019); (6) 1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); (7) 1-Pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250); (8) 1-Pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081); (9) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122); (10) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398); (11) (1-(5-Fluoropentyl)-1H-indazol-3-yl)(naphthalen-1-yl)methanone (THJ-2201); (12) 1-(5-Fluoropentyl)-3-(1-naphthoyl)indole (AM2201); (13) 1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole (AM694); (14) 1-Pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19 and RCS-4); (15) 1-Cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and RCS-8); (16) 1-Pentyl-3-(2-chlorophenylacetyl)indole (JWH-203); (17) Methyl 2-(1-(cyclohexylmethyl)-1h-indole-3-carboxamido)-3,3-dimethylbutanoate Other names: MDMB-CHMICA, MMB-CHMINACA; (18) Methyl 2-(1-(4-fluorobenzyl)-1h-indazole-3-carboxamido)-3,3-dimethylbutanoate Other name: MDMB-FUBINACA; (19) Methyl 2-(1-(5-fluoropentyl)-1h-indazole-3-carboxamido)-3-methylbutanoate Other name: 5F-AMB; (20) Methyl 2-(1-(5-fluoropentyl)-1h-indazole-3-carboxamido)-3,3-dimethylbutanoate Other names: 5F-ADB, 5F-MDMB-PINACA; (21) N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide Other names: APINACA; AKB48; (22) N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide Other names: 5F-APINACA, 5F-AKB48; (23) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide Other name: AB-FUBINACA; (24) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1H-indazole-3-carboxamide Other name: AB-CHMINACA; (25) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)1H-indazole-3-carboxamide Other name: ADB-FUBINACA; (26) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide Other name: ADB-PINACA; (27) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide Other name: AB-PINACA; (28) Quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate Other names: 5-fluoro-PB-22; 5F-PB-22; or (29) Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate Other names: PB-22; QUPIC.
(1) 5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497);
(2) 5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP-47,497 C8-homolog);
(3) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678);
(4) 1-Butyl-3-(1-naphthoyl)indole (JWH-073);
(5) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
(6) 1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
(7) 1-Pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
(8) 1-Pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081);
(9) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
(10) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
(11) (1-(5-Fluoropentyl)-1H-indazol-3-yl)(naphthalen-1-yl)methanone (THJ-2201);
(12) 1-(5-Fluoropentyl)-3-(1-naphthoyl)indole (AM2201);
(13) 1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole (AM694);
(14) 1-Pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19 and RCS-4);
(15) 1-Cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and RCS-8);
(16) 1-Pentyl-3-(2-chlorophenylacetyl)indole (JWH-203);
(17) Methyl 2-(1-(cyclohexylmethyl)-1h-indole-3-carboxamido)-3,3-dimethylbutanoate Other names: MDMB-CHMICA, MMB-CHMINACA;
Other names: MDMB-CHMICA, MMB-CHMINACA;
(18) Methyl 2-(1-(4-fluorobenzyl)-1h-indazole-3-carboxamido)-3,3-dimethylbutanoate Other name: MDMB-FUBINACA;
Other name: MDMB-FUBINACA;
(19) Methyl 2-(1-(5-fluoropentyl)-1h-indazole-3-carboxamido)-3-methylbutanoate Other name: 5F-AMB;
Other name: 5F-AMB;
(20) Methyl 2-(1-(5-fluoropentyl)-1h-indazole-3-carboxamido)-3,3-dimethylbutanoate Other names: 5F-ADB, 5F-MDMB-PINACA;
Other names: 5F-ADB, 5F-MDMB-PINACA;
(21) N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide Other names: APINACA; AKB48;
Other names: APINACA; AKB48;
(22) N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide Other names: 5F-APINACA, 5F-AKB48;
Other names: 5F-APINACA, 5F-AKB48;
(23) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide Other name: AB-FUBINACA;
Other name: AB-FUBINACA;
(24) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1H-indazole-3-carboxamide Other name: AB-CHMINACA;
Other name: AB-CHMINACA;
(25) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)1H-indazole-3-carboxamide Other name: ADB-FUBINACA;
Other name: ADB-FUBINACA;
(26) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide Other name: ADB-PINACA;
Other name: ADB-PINACA;
(27) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide Other name: AB-PINACA;
Other name: AB-PINACA;
(28) Quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate Other names: 5-fluoro-PB-22; 5F-PB-22; or
Other names: 5-fluoro-PB-22; 5F-PB-22; or
(29) Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate Other names: PB-22; QUPIC.
Other names: PB-22; QUPIC.
Amended by 2018 Tenn. Acts, ch. 1040,s 3, eff. 7/1/2018.
Amended by 2015 Tenn. Acts, ch. 302,s 1, eff. 7/1/2015.
Amended by 2014 Tenn. Acts, ch. 735,s 2, eff. 7/1/2014.
Acts 1989, ch. 591, § 1; 1997, ch. 107, § 1; 1997, ch. 149, § 1; 2007, ch. 298, §§ 1-4; 2012, ch. 812, § 1.
Tenn. Code Ann. § 39-13-119 — TN Code / Title 39 / Chapter 13 / Section 39-13-119
Assault against a participant in judicial proceeding - Section definitions - Penalty
Status: in_force

(a) A person commits assault against a participant in judicial proceedings who, while on the premises of a building in which judicial proceedings occur: (1) Knowingly causes bodily injury to a victim who the person knows or reasonably should know is present due to the victim's participation in judicial proceedings; or (2) Knowingly causes physical contact with a victim who the person knows or reasonably should know is present due to the victim's participation in judicial proceedings and a reasonable person would regard the contact as extremely offensive or provocative, including, but not limited to, spitting, throwing, or otherwise transferring bodily fluids, bodily pathogens, or human waste onto the person of the victim. (b) A violation of subsection (a) is a Class E felony. (c) As used in this section, "victim's participation in judicial proceedings" includes: (1) A victim's employment as a judge, district attorney general, attorney for a party in a criminal or civil case, court employee, bailiff, courtroom security personnel, and other person who works in the building in which judicial proceedings occur; (2) A victim's status as a juror, witness, or party to a criminal or civil case or a victim in a criminal case; and (3) A victim's status as a member of the public lawfully present in a courtroom during a criminal or civil proceeding. Added by 2024 Tenn. Acts, ch. 1045,s 1, eff. 7/1/2024.
(a) A person commits assault against a participant in judicial proceedings who, while on the premises of a building in which judicial proceedings occur: (1) Knowingly causes bodily injury to a victim who the person knows or reasonably should know is present due to the victim's participation in judicial proceedings; or (2) Knowingly causes physical contact with a victim who the person knows or reasonably should know is present due to the victim's participation in judicial proceedings and a reasonable person would regard the contact as extremely offensive or provocative, including, but not limited to, spitting, throwing, or otherwise transferring bodily fluids, bodily pathogens, or human waste onto the person of the victim.
(1) Knowingly causes bodily injury to a victim who the person knows or reasonably should know is present due to the victim's participation in judicial proceedings; or
(2) Knowingly causes physical contact with a victim who the person knows or reasonably should know is present due to the victim's participation in judicial proceedings and a reasonable person would regard the contact as extremely offensive or provocative, including, but not limited to, spitting, throwing, or otherwise transferring bodily fluids, bodily pathogens, or human waste onto the person of the victim.
(b) A violation of subsection (a) is a Class E felony.
(c) As used in this section, "victim's participation in judicial proceedings" includes: (1) A victim's employment as a judge, district attorney general, attorney for a party in a criminal or civil case, court employee, bailiff, courtroom security personnel, and other person who works in the building in which judicial proceedings occur; (2) A victim's status as a juror, witness, or party to a criminal or civil case or a victim in a criminal case; and (3) A victim's status as a member of the public lawfully present in a courtroom during a criminal or civil proceeding.
(1) A victim's employment as a judge, district attorney general, attorney for a party in a criminal or civil case, court employee, bailiff, courtroom security personnel, and other person who works in the building in which judicial proceedings occur;
(2) A victim's status as a juror, witness, or party to a criminal or civil case or a victim in a criminal case; and
(3) A victim's status as a member of the public lawfully present in a courtroom during a criminal or civil proceeding.
Added by 2024 Tenn. Acts, ch. 1045,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 39-13-204-d-1 — TN Code / Title 39 / Chapter 13 / Section 39-13-204-d-1
2024 Tennessee Code Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-101 — 39-13-1004) Part 2 - CRIMINAL HOMICIDE (§§ 39-13-201 — 39-13-219) Section 39-13-204 - [Effective when contingency is met. See the version effective until contingency is met and Compiler's Notes] Sentencing for offenses punishable by death
Status: in_force

(a) Upon a trial for an offense punishable by death, if the jury finds the defendant guilty of an offense punishable by death, then the jury shall not fix punishment as part of the verdict, but the jury shall fix the punishment in a separate sentencing hearing to determine whether the defendant shall be sentenced to death, to imprisonment for life without possibility of parole, or, if applicable, to imprisonment for life. The separate sentencing hearing must be conducted as soon as practicable before the same jury that determined guilt, subject to the provisions of subsection (k) relating to certain retrials on punishment. (b) In the sentencing proceeding, the attorney for the state shall be allowed to make an opening statement to the jury and then the attorney for the defendant shall also be allowed such statement; provided, that the waiver of opening statement by one party shall not preclude the opening statement by the other party. (c) In the sentencing proceeding, evidence may be presented as to any matter that the court deems relevant to the punishment, and may include, but not be limited to, the nature and circumstances of the crime; the defendant's character, background history, and physical condition; any evidence tending to establish or rebut the aggravating circumstances enumerated in subsection (i); and any evidence tending to establish or rebut any mitigating factors. Any such evidence that the court deems to have probative value on the issue of punishment may be received, regardless of its admissibility under the rules of evidence; provided, that the defendant is accorded a fair opportunity to rebut any hearsay statements so admitted. However, this subsection (c) shall not be construed to authorize the introduction of any evidence secured in violation of the constitution of the United States or the constitution of Tennessee. In all cases where the state relies upon the aggravating factor that the defendant was previously convicted of one (1) or more felonies, other than the present charge, whose statutory elements involve the use of violence to the person, either party shall be permitted to introduce evidence concerning the facts and circumstances of the prior conviction. Such evidence shall not be construed to pose a danger of creating unfair prejudice, confusing the issues, or misleading the jury and shall not be subject to exclusion on the ground that the probative value of the evidence is outweighed by prejudice to either party. Such evidence shall be used by the jury in determining the weight to be accorded the aggravating factor. The court shall permit a member or members, or a representative or representatives of the victim's family to testify at the sentencing hearing about the victim and about the impact of the offense on the family of the victim and other relevant persons. The evidence may be considered by the jury in determining which sentence to impose. The court shall permit members or representatives of the victim's family to attend the trial, and those persons shall not be excluded because the person or persons shall testify during the sentencing proceeding as to the impact of the offense. (d) In the sentencing proceeding, the state shall be allowed to make a closing argument to the jury; and then the attorney for the defendant shall also be allowed such argument, with the state having the right of closing. (e) (1) After closing arguments in the sentencing hearing, the trial judge shall include instructions for the jury to weigh and consider any of the statutory aggravating circumstances set forth in subsection (i), which may be raised by the evidence at either the guilt or sentencing hearing, or both. The trial judge shall also include instructions for the jury to weigh and consider any mitigating circumstances raised by the evidence at either the guilt or sentencing hearing, or both, which shall include, but not be limited to, those circumstances set forth in subsection (j). These instructions and the manner of arriving at a sentence shall be given in the oral charge and in writing to the jury for its deliberations. However, a reviewing court shall not set aside a sentence of death or of imprisonment for life without the possibility of parole on the ground that the trial court did not specifically instruct the jury as to a requested mitigating factor that is not enumerated in subsection (j). (2) The trial judge shall provide the jury separate verdict forms, as specified by subdivisions (f)(1), (f)(2), and (g)(2)(B). If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(1) or rape of a child, then the jury shall be instructed that a defendant who receives a sentence of imprisonment for life shall not be eligible for parole consideration until the defendant has served at least fifty-one (51) full calendar years of the sentence. The jury shall also be instructed that a defendant who receives a sentence of imprisonment for life without possibility of parole shall never be eligible for release on parole. (f) (1) If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(1) or rape of a child and the jury unanimously determines that no statutory aggravating circumstance has been proven by the state beyond a reasonable doubt, the sentence shall be imprisonment for life. The jury shall then return its verdict to the judge upon a form provided by the court, which may appear substantially as follows: PUNISHMENT OF IMPRISONMENT FOR LIFE We, the jury, unanimously determine that no statutory aggravating circumstance has been proven by the state beyond a reasonable doubt. We, the jury, therefore find that the sentence shall be imprisonment for life. /s/_________________ /s/_________________ Jury Foreperson Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror (2) (A) Except as provided in subdivision (f)(2)(B), if the jury unanimously determines that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that such circumstance or circumstances have not been proven by the state to outweigh any mitigating circumstance or circumstances beyond a reasonable doubt, the jury shall, in its considered discretion, sentence the defendant either to imprisonment for life without possibility of parole or to imprisonment for life. The trial judge shall instruct the jury that, in choosing between the sentences of imprisonment for life without possibility of parole and imprisonment for life, the jury shall weigh and consider the statutory aggravating circumstance or circumstances proven by the state beyond a reasonable doubt and any mitigating circumstance or circumstances. In its verdict, the jury shall specify the statutory aggravating circumstance or circumstances proven by the state beyond a reasonable doubt and shall return its verdict to the judge upon a form provided by the court, which may appear substantially as follows: PUNISHMENT OF IMPRISONMENT FOR LIFE WITHOUT POSSIBILITY OF PAROLE OR IMPRISONMENT FOR LIFE We, the jury, unanimously find that the state has proven the following listed statutory aggravating circumstance or circumstances beyond a reasonable doubt: [Here list the statutory aggravating circumstance or circumstances so found.] We, the jury, unanimously find that such statutory aggravating circumstance or circumstances do not outweigh any mitigating circumstance or circumstances beyond a reasonable doubt; therefore: CHECK ONE (1) BOX ONLY [ ] We, the jury, unanimously agree that the defendant shall be sentenced to imprisonment for life without possibility of parole; or [ ] We, the jury, unanimously agree that the defendant shall be sentenced to imprisonment for life. /s/_________________ /s/_________________ Jury Foreperson Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror (B) (i) If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(2) , aggravated rape of a child, or grave torture, and the jury unanimously determines that no statutory aggravating circumstance has been proven by the state beyond a reasonable doubt, or that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that the circumstance or circumstances have not been proven by the state to outweigh a mitigating circumstance or circumstances beyond a reasonable doubt, then the sentence must be imprisonment for life without possibility of parole. (ii) If imprisonment for life without possibility of parole is the sentence of the jury, then the jury shall reduce to writing the finding that no statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, or that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that such circumstance or circumstances have not been proven by the state to outweigh any mitigating circumstance or circumstances beyond a reasonable doubt. (iii) These findings and verdict must be returned to the judge upon a form provided by the court, which may appear substantially as follows: PUNISHMENT OF IMPRISONMENT FOR LIFE WITHOUT POSSIBILITY OF PAROLE [ ] We, the jury, unanimously agree that no statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt and that the defendant shall be sentenced to imprisonment for life without possibility of parole. [ ] We, the jury, unanimously agree that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that such circumstance or circumstances have not been proven by the state to outweigh any mitigating circumstance or circumstances beyond a reasonable doubt and that the defendant shall be sentenced to imprisonment for life without possibility of parole. /s/_________________ /s/_________________ Jury Foreperson Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror (g) (1) The sentence shall be death, if the jury unanimously determines that: (A) At least one (1) statutory aggravating circumstance or several statutory aggravating circumstances have been proven by the state beyond a reasonable doubt; and (B) Such circumstance or circumstances have been proven by the state to outweigh any mitigating circumstances beyond a reasonable doubt. (2) (A) If the death penalty is the sentence of the jury, the jury shall: (i) Reduce to writing the statutory aggravating circumstance or statutory aggravating circumstances so found; and (ii) Signify that the state has proven beyond a reasonable doubt that the statutory aggravating circumstance or circumstances outweigh any mitigating circumstances. (B) These findings and verdict shall be returned to the judge upon a form provided by the court, which may appear substantially as follows: PUNISHMENT OF DEATH We, the jury, unanimously find the following listed statutory aggravating circumstance or circumstances: [Here list the statutory aggravating circumstance or circumstances so found.] We, the jury, unanimously find that the state has proven beyond a reasonable doubt that the statutory aggravating circumstance or circumstances outweigh any mitigating circumstances. Therefore, we, the jury, unanimously find that the punishment shall be death. /s/_________________ /s/_________________ Jury Foreperson Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror (h) (1) Except as provided in subdivision (h)(2), if the jury cannot ultimately agree on punishment, the trial judge shall inquire of the foreperson of the jury whether the jury is divided over imposing a sentence of death. If the jury is divided over imposing a sentence of death, the judge shall instruct the jury that in further deliberations, the jury shall only consider the sentences of imprisonment for life without possibility of parole and imprisonment for life. If, after further deliberations, the jury still cannot agree as to sentence, the trial judge shall dismiss the jury and the judge shall impose a sentence of imprisonment for life. The judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on the effect of the jury's failure to agree on a punishment. (2) If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(2) , aggravated rape of a child, or grave torture, but the jury cannot ultimately agree on punishment, then the trial judge shall inquire of the foreperson of the jury whether the jury is divided over imposing a sentence of death. If the jury is divided over imposing a sentence of death, then the judge shall dismiss the jury and the judge shall impose a sentence of imprisonment for life without possibility of parole. The judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on the effect of the jury's failure to agree on a punishment. (i) Except as provided in subdivisions (f)(2)(B) and (h)(2), no death penalty or sentence of imprisonment for life without possibility of parole shall be imposed, except upon a unanimous finding that the state has proven beyond a reasonable doubt the existence of one (1) or more of the statutory aggravating circumstances, which are limited to the following: (1) The defendant committed murder against a person less than twelve (12) years of age and the defendant was eighteen (18) years of age or older; (2) The defendant was previously convicted of one (1) or more felonies, other than the present charge, whose statutory elements involve the use of violence to the person; (3) The defendant knowingly created a great risk of death to two (2) or more persons, other than the victim of the offense, during the offense; (4) The defendant committed the offense for remuneration or the promise of remuneration, or employed another to commit the offense for remuneration or the promise of remuneration; (5) The offense was especially heinous, atrocious, or cruel, in that it involved torture or serious physical abuse beyond that necessary to produce death; (6) The offense was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or prosecution of the defendant or another; (7) The offense was knowingly committed, solicited, directed, or aided by the defendant, while the defendant had a substantial role in committing or attempting to commit, or was fleeing after having a substantial role in committing or attempting to commit, any first degree murder, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child, aircraft piracy, or unlawful throwing, placing, or discharging of a destructive device or bomb; (8) The offense was committed by the defendant while the defendant was in lawful custody or in a place of lawful confinement or during the defendant's escape from lawful custody or from a place of lawful confinement; (9) The offense was committed against any law enforcement officer, corrections official, corrections employee, probation and parole officer, emergency medical or rescue worker, emergency medical technician, paramedic, or firefighter, who was engaged in the performance of official duties, and the defendant knew or reasonably should have known that the victim was a law enforcement officer, corrections official, corrections employee, probation and parole officer, emergency medical or rescue worker, emergency medical technician, paramedic, or firefighter engaged in the performance of official duties; (10) The offense was committed against any present or former judge, district attorney general or state attorney general, assistant district attorney general or assistant state attorney general, due to or because of the exercise of the victim's official duty or status and the defendant knew that the victim occupied such office; (11) The offense was committed against a national, state, or local popularly elected official, due to or because of the official's lawful duties or status, and the defendant knew that the victim was such an official; (12) The defendant committed "mass murder," which is defined as the murder of three (3) or more persons, whether committed during a single criminal episode or at different times within a forty-eight-month period; (13) The defendant knowingly mutilated the body of the victim; (14) The victim of the offense was seventy (70) years of age or older; or the victim was particularly vulnerable due to a significant disability, whether mental or physical, and at the time of the offense, the defendant knew or reasonably should have known of such disability; (15) The offense was committed in the course of an act of terrorism; (16) The offense was committed against a pregnant woman, and the defendant intentionally committed the offense against the victim, knowing that she was pregnant; (17) The offense was committed at random and the reasons for the offense are not obvious or easily understood; (18) The defendant knowingly sold or distributed a substance containing fentanyl, carfentanil, or any other opiate listed in § 39-17-408(c) with the intent and premeditation to commit murder; or (19) The victim of the offense was acting as a Good Samaritan at the time of the offense and the defendant knew that the person was acting as a Good Samaritan. For purposes of this subdivision (i)(19), "Good Samaritan" means a person who helps, defends, protects, or renders emergency care to a person in need without compensation. (j) In arriving at the punishment, the jury shall consider, pursuant to this section, any mitigating circumstances, which shall include, but are not limited to, the following: (1) The defendant has no significant history of prior criminal activity; (2) The offense was committed while the defendant was under the influence of extreme mental or emotional disturbance; (3) The victim was a participant in the defendant's conduct or consented to the act; (4) The offense was committed under circumstances that the defendant reasonably believed to provide a moral justification for the defendant's conduct; (5) The defendant was an accomplice in the offense committed by another person and the defendant's participation was relatively minor; (6) The defendant acted under extreme duress or under the substantial domination of another person; (7) The youth or advanced age of the defendant at the time of the crime; (8) The capacity of the defendant to appreciate the wrongfulness of the defendant's conduct or to conform the defendant's conduct to the requirements of the law was substantially impaired as a result of mental disease or defect or intoxication, which was insufficient to establish a defense to the crime but which substantially affected the defendant's judgment; and (9) Any other mitigating factor that is raised by the evidence produced by either the prosecution or defense, at either the guilt or sentencing hearing. (k) Upon motion for a new trial, after a conviction for an offense that is punishable by death, if the court finds error in the trial determining guilt, then a new trial on both guilt and sentencing must be held; but if the court finds error alone in the trial determining punishment, then a new trial on the issue of punishment alone must be held by a new jury empaneled for that purpose. If the trial court, or another court with jurisdiction to do so, orders that a defendant convicted of an offense that is punishable by death, whether the sentence is death, imprisonment for life without possibility of parole, or, if applicable, imprisonment for life, be granted a new trial, either as to guilt or punishment, or both, then the new trial must include the possible punishments of death, imprisonment for life without possibility of parole, or, unless the defendant is convicted of first degree murder as described in § 39-13-202(c)(2) , aggravated rape of a child, or grave torture, imprisonment for life. (l) If the jury has imposed a sentence of death, then the jury may determine whether the defendant's sentence must be expedited pursuant to this subsection ( l ), and, if the jury unanimously determines that an expediated sentence is required, return such findings to the judge upon a form provided by the court. A defendant's sentence may be expedited if the jury finds that: (1) (A) The offense involved the death of three (3) or more victims whom the defendant killed using one (1) or more deadly weapons; (B) The defendant committed the offense by using one (1) or more deadly weapons on the grounds of a public or private elementary, secondary, or postsecondary school; or (C) The defendant committed the offense by killing a first responder, as defined in § 39-13-116 , who was acting in the course of the first responder's employment at the time of the offense; and (2) The evidence presented at trial proving the defendant's guilt was incontestable, which may include, but is not limited to: (A) Video evidence depicting the defendant committing the offense; or (B) Deoxyribonucleic acid evidence linking the defendant to the offense. Amended by 2024 Tenn. Acts, ch. 951,s 18, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 951,s 17, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 951,s 7, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 951,s 16, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 951,s 15, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 951,s 13, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 951,s 12, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 951,s 11, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 951,s 10, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 951,s 9, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 951,s 8, eff. 7/1/2024. Amended by 2022 Tenn. Acts, ch. 1062, Secs.s 4, s 5, s 6, s 7eff. on the thirtieth day following the occurrence of either : (1) The issuance of the judgment in a decision of the United States supreme court overruling, in whole or in relevant part, Kennedy v. Louisiana, 554 U.S. 407 (2008); or (2) The ratification of an amendment to the Constitution of the United States approving the use of the death penalty as punishment for the conviction of an offense involving the infliction of severe physical and mental pain and suffering upon the victim with the intent to perpetrate first degree murder that does not result in the death of the victim. Amended by 2023 Tenn. Acts, ch. 375, s 1, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 528, s 5, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 528, Secs.s 6, s 7, s 8, s 9, s 10, s 11, s 12 eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 215, s 2, eff. 7/1/2021. Amended by 2019 Tenn. Acts, ch. 231, s 1, eff. 7/1/2019. Acts 1989, ch. 591, § 1; T.C.A., § 39-13-203 ; Acts 1990, ch. 1038, § 3; 1993, ch. 473, §§ 2, 4-6, 13, 14; 1995, ch. 356, § 1; 1995, ch. 377, § 1; 1996, ch. 830, § 2; 1997 , ch. 139, § 1; 1997 , ch. 358, § 1; 1997 , ch. 491, § 1; 1998, ch. 712, § 1; 1998, ch. 915, § 1; 1998, ch. 916, § 1; 1999, ch. 504, § 1; 2002, ch. 849, § 2b; 2008 , ch. 829, § 1; 2009 , ch. 582, § 1; 2010 , ch. 1058, § 1; 2011 , ch. 47, § 30; 2011 , ch. 489, § 1.
(a) Upon a trial for an offense punishable by death, if the jury finds the defendant guilty of an offense punishable by death, then the jury shall not fix punishment as part of the verdict, but the jury shall fix the punishment in a separate sentencing hearing to determine whether the defendant shall be sentenced to death, to imprisonment for life without possibility of parole, or, if applicable, to imprisonment for life. The separate sentencing hearing must be conducted as soon as practicable before the same jury that determined guilt, subject to the provisions of subsection (k) relating to certain retrials on punishment.
(b) In the sentencing proceeding, the attorney for the state shall be allowed to make an opening statement to the jury and then the attorney for the defendant shall also be allowed such statement; provided, that the waiver of opening statement by one party shall not preclude the opening statement by the other party.
(c) In the sentencing proceeding, evidence may be presented as to any matter that the court deems relevant to the punishment, and may include, but not be limited to, the nature and circumstances of the crime; the defendant's character, background history, and physical condition; any evidence tending to establish or rebut the aggravating circumstances enumerated in subsection (i); and any evidence tending to establish or rebut any mitigating factors. Any such evidence that the court deems to have probative value on the issue of punishment may be received, regardless of its admissibility under the rules of evidence; provided, that the defendant is accorded a fair opportunity to rebut any hearsay statements so admitted. However, this subsection (c) shall not be construed to authorize the introduction of any evidence secured in violation of the constitution of the United States or the constitution of Tennessee. In all cases where the state relies upon the aggravating factor that the defendant was previously convicted of one (1) or more felonies, other than the present charge, whose statutory elements involve the use of violence to the person, either party shall be permitted to introduce evidence concerning the facts and circumstances of the prior conviction. Such evidence shall not be construed to pose a danger of creating unfair prejudice, confusing the issues, or misleading the jury and shall not be subject to exclusion on the ground that the probative value of the evidence is outweighed by prejudice to either party. Such evidence shall be used by the jury in determining the weight to be accorded the aggravating factor. The court shall permit a member or members, or a representative or representatives of the victim's family to testify at the sentencing hearing about the victim and about the impact of the offense on the family of the victim and other relevant persons. The evidence may be considered by the jury in determining which sentence to impose. The court shall permit members or representatives of the victim's family to attend the trial, and those persons shall not be excluded because the person or persons shall testify during the sentencing proceeding as to the impact of the offense.
(d) In the sentencing proceeding, the state shall be allowed to make a closing argument to the jury; and then the attorney for the defendant shall also be allowed such argument, with the state having the right of closing.
(e) (1) After closing arguments in the sentencing hearing, the trial judge shall include instructions for the jury to weigh and consider any of the statutory aggravating circumstances set forth in subsection (i), which may be raised by the evidence at either the guilt or sentencing hearing, or both. The trial judge shall also include instructions for the jury to weigh and consider any mitigating circumstances raised by the evidence at either the guilt or sentencing hearing, or both, which shall include, but not be limited to, those circumstances set forth in subsection (j). These instructions and the manner of arriving at a sentence shall be given in the oral charge and in writing to the jury for its deliberations. However, a reviewing court shall not set aside a sentence of death or of imprisonment for life without the possibility of parole on the ground that the trial court did not specifically instruct the jury as to a requested mitigating factor that is not enumerated in subsection (j). (2) The trial judge shall provide the jury separate verdict forms, as specified by subdivisions (f)(1), (f)(2), and (g)(2)(B). If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(1) or rape of a child, then the jury shall be instructed that a defendant who receives a sentence of imprisonment for life shall not be eligible for parole consideration until the defendant has served at least fifty-one (51) full calendar years of the sentence. The jury shall also be instructed that a defendant who receives a sentence of imprisonment for life without possibility of parole shall never be eligible for release on parole.
(1) After closing arguments in the sentencing hearing, the trial judge shall include instructions for the jury to weigh and consider any of the statutory aggravating circumstances set forth in subsection (i), which may be raised by the evidence at either the guilt or sentencing hearing, or both. The trial judge shall also include instructions for the jury to weigh and consider any mitigating circumstances raised by the evidence at either the guilt or sentencing hearing, or both, which shall include, but not be limited to, those circumstances set forth in subsection (j). These instructions and the manner of arriving at a sentence shall be given in the oral charge and in writing to the jury for its deliberations. However, a reviewing court shall not set aside a sentence of death or of imprisonment for life without the possibility of parole on the ground that the trial court did not specifically instruct the jury as to a requested mitigating factor that is not enumerated in subsection (j).
(2) The trial judge shall provide the jury separate verdict forms, as specified by subdivisions (f)(1), (f)(2), and (g)(2)(B). If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(1) or rape of a child, then the jury shall be instructed that a defendant who receives a sentence of imprisonment for life shall not be eligible for parole consideration until the defendant has served at least fifty-one (51) full calendar years of the sentence. The jury shall also be instructed that a defendant who receives a sentence of imprisonment for life without possibility of parole shall never be eligible for release on parole.
(f) (1) If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(1) or rape of a child and the jury unanimously determines that no statutory aggravating circumstance has been proven by the state beyond a reasonable doubt, the sentence shall be imprisonment for life. The jury shall then return its verdict to the judge upon a form provided by the court, which may appear substantially as follows: PUNISHMENT OF IMPRISONMENT FOR LIFE We, the jury, unanimously determine that no statutory aggravating circumstance has been proven by the state beyond a reasonable doubt. We, the jury, therefore find that the sentence shall be imprisonment for life. /s/_________________ /s/_________________ Jury Foreperson Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror (2) (A) Except as provided in subdivision (f)(2)(B), if the jury unanimously determines that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that such circumstance or circumstances have not been proven by the state to outweigh any mitigating circumstance or circumstances beyond a reasonable doubt, the jury shall, in its considered discretion, sentence the defendant either to imprisonment for life without possibility of parole or to imprisonment for life. The trial judge shall instruct the jury that, in choosing between the sentences of imprisonment for life without possibility of parole and imprisonment for life, the jury shall weigh and consider the statutory aggravating circumstance or circumstances proven by the state beyond a reasonable doubt and any mitigating circumstance or circumstances. In its verdict, the jury shall specify the statutory aggravating circumstance or circumstances proven by the state beyond a reasonable doubt and shall return its verdict to the judge upon a form provided by the court, which may appear substantially as follows: PUNISHMENT OF IMPRISONMENT FOR LIFE WITHOUT POSSIBILITY OF PAROLE OR IMPRISONMENT FOR LIFE We, the jury, unanimously find that the state has proven the following listed statutory aggravating circumstance or circumstances beyond a reasonable doubt: [Here list the statutory aggravating circumstance or circumstances so found.] We, the jury, unanimously find that such statutory aggravating circumstance or circumstances do not outweigh any mitigating circumstance or circumstances beyond a reasonable doubt; therefore: CHECK ONE (1) BOX ONLY [ ] We, the jury, unanimously agree that the defendant shall be sentenced to imprisonment for life without possibility of parole; or [ ] We, the jury, unanimously agree that the defendant shall be sentenced to imprisonment for life. /s/_________________ /s/_________________ Jury Foreperson Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror (B) (i) If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(2) , aggravated rape of a child, or grave torture, and the jury unanimously determines that no statutory aggravating circumstance has been proven by the state beyond a reasonable doubt, or that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that the circumstance or circumstances have not been proven by the state to outweigh a mitigating circumstance or circumstances beyond a reasonable doubt, then the sentence must be imprisonment for life without possibility of parole. (ii) If imprisonment for life without possibility of parole is the sentence of the jury, then the jury shall reduce to writing the finding that no statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, or that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that such circumstance or circumstances have not been proven by the state to outweigh any mitigating circumstance or circumstances beyond a reasonable doubt. (iii) These findings and verdict must be returned to the judge upon a form provided by the court, which may appear substantially as follows: PUNISHMENT OF IMPRISONMENT FOR LIFE WITHOUT POSSIBILITY OF PAROLE [ ] We, the jury, unanimously agree that no statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt and that the defendant shall be sentenced to imprisonment for life without possibility of parole. [ ] We, the jury, unanimously agree that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that such circumstance or circumstances have not been proven by the state to outweigh any mitigating circumstance or circumstances beyond a reasonable doubt and that the defendant shall be sentenced to imprisonment for life without possibility of parole. /s/_________________ /s/_________________ Jury Foreperson Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror
(1) If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(1) or rape of a child and the jury unanimously determines that no statutory aggravating circumstance has been proven by the state beyond a reasonable doubt, the sentence shall be imprisonment for life. The jury shall then return its verdict to the judge upon a form provided by the court, which may appear substantially as follows: PUNISHMENT OF IMPRISONMENT FOR LIFE We, the jury, unanimously determine that no statutory aggravating circumstance has been proven by the state beyond a reasonable doubt. We, the jury, therefore find that the sentence shall be imprisonment for life. /s/_________________ /s/_________________ Jury Foreperson Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror
PUNISHMENT OF IMPRISONMENT FOR LIFE
We, the jury, unanimously determine that no statutory aggravating circumstance has been proven by the state beyond a reasonable doubt. We, the jury, therefore find that the sentence shall be imprisonment for life.
/s/_________________ /s/_________________ Jury Foreperson Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror
/s/_________________
Jury Foreperson
Juror
/s/_________________
Juror
/s/_________________
Juror
/s/_________________
Juror
/s/_________________
Juror
/s/_________________
Juror
(2) (A) Except as provided in subdivision (f)(2)(B), if the jury unanimously determines that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that such circumstance or circumstances have not been proven by the state to outweigh any mitigating circumstance or circumstances beyond a reasonable doubt, the jury shall, in its considered discretion, sentence the defendant either to imprisonment for life without possibility of parole or to imprisonment for life. The trial judge shall instruct the jury that, in choosing between the sentences of imprisonment for life without possibility of parole and imprisonment for life, the jury shall weigh and consider the statutory aggravating circumstance or circumstances proven by the state beyond a reasonable doubt and any mitigating circumstance or circumstances. In its verdict, the jury shall specify the statutory aggravating circumstance or circumstances proven by the state beyond a reasonable doubt and shall return its verdict to the judge upon a form provided by the court, which may appear substantially as follows: PUNISHMENT OF IMPRISONMENT FOR LIFE WITHOUT POSSIBILITY OF PAROLE OR IMPRISONMENT FOR LIFE We, the jury, unanimously find that the state has proven the following listed statutory aggravating circumstance or circumstances beyond a reasonable doubt: [Here list the statutory aggravating circumstance or circumstances so found.] We, the jury, unanimously find that such statutory aggravating circumstance or circumstances do not outweigh any mitigating circumstance or circumstances beyond a reasonable doubt; therefore: CHECK ONE (1) BOX ONLY [ ] We, the jury, unanimously agree that the defendant shall be sentenced to imprisonment for life without possibility of parole; or [ ] We, the jury, unanimously agree that the defendant shall be sentenced to imprisonment for life. /s/_________________ /s/_________________ Jury Foreperson Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror (B) (i) If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(2) , aggravated rape of a child, or grave torture, and the jury unanimously determines that no statutory aggravating circumstance has been proven by the state beyond a reasonable doubt, or that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that the circumstance or circumstances have not been proven by the state to outweigh a mitigating circumstance or circumstances beyond a reasonable doubt, then the sentence must be imprisonment for life without possibility of parole. (ii) If imprisonment for life without possibility of parole is the sentence of the jury, then the jury shall reduce to writing the finding that no statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, or that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that such circumstance or circumstances have not been proven by the state to outweigh any mitigating circumstance or circumstances beyond a reasonable doubt. (iii) These findings and verdict must be returned to the judge upon a form provided by the court, which may appear substantially as follows: PUNISHMENT OF IMPRISONMENT FOR LIFE WITHOUT POSSIBILITY OF PAROLE [ ] We, the jury, unanimously agree that no statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt and that the defendant shall be sentenced to imprisonment for life without possibility of parole. [ ] We, the jury, unanimously agree that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that such circumstance or circumstances have not been proven by the state to outweigh any mitigating circumstance or circumstances beyond a reasonable doubt and that the defendant shall be sentenced to imprisonment for life without possibility of parole. /s/_________________ /s/_________________ Jury Foreperson Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror
(A) Except as provided in subdivision (f)(2)(B), if the jury unanimously determines that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that such circumstance or circumstances have not been proven by the state to outweigh any mitigating circumstance or circumstances beyond a reasonable doubt, the jury shall, in its considered discretion, sentence the defendant either to imprisonment for life without possibility of parole or to imprisonment for life. The trial judge shall instruct the jury that, in choosing between the sentences of imprisonment for life without possibility of parole and imprisonment for life, the jury shall weigh and consider the statutory aggravating circumstance or circumstances proven by the state beyond a reasonable doubt and any mitigating circumstance or circumstances. In its verdict, the jury shall specify the statutory aggravating circumstance or circumstances proven by the state beyond a reasonable doubt and shall return its verdict to the judge upon a form provided by the court, which may appear substantially as follows: PUNISHMENT OF IMPRISONMENT FOR LIFE WITHOUT POSSIBILITY OF PAROLE OR IMPRISONMENT FOR LIFE We, the jury, unanimously find that the state has proven the following listed statutory aggravating circumstance or circumstances beyond a reasonable doubt: [Here list the statutory aggravating circumstance or circumstances so found.] We, the jury, unanimously find that such statutory aggravating circumstance or circumstances do not outweigh any mitigating circumstance or circumstances beyond a reasonable doubt; therefore: CHECK ONE (1) BOX ONLY [ ] We, the jury, unanimously agree that the defendant shall be sentenced to imprisonment for life without possibility of parole; or [ ] We, the jury, unanimously agree that the defendant shall be sentenced to imprisonment for life. /s/_________________ /s/_________________ Jury Foreperson Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror
PUNISHMENT OF IMPRISONMENT FOR LIFE WITHOUT POSSIBILITY OF PAROLE OR IMPRISONMENT FOR LIFE
We, the jury, unanimously find that the state has proven the following listed statutory aggravating circumstance or circumstances beyond a reasonable doubt:
[Here list the statutory aggravating circumstance or circumstances so found.]
We, the jury, unanimously find that such statutory aggravating circumstance or circumstances do not outweigh any mitigating circumstance or circumstances beyond a reasonable doubt; therefore:
CHECK ONE (1) BOX ONLY
[ ] We, the jury, unanimously agree that the defendant shall be sentenced to imprisonment for life without possibility of parole; or
[ ] We, the jury, unanimously agree that the defendant shall be sentenced to imprisonment for life.
/s/_________________ /s/_________________ Jury Foreperson Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror
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(B) (i) If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(2) , aggravated rape of a child, or grave torture, and the jury unanimously determines that no statutory aggravating circumstance has been proven by the state beyond a reasonable doubt, or that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that the circumstance or circumstances have not been proven by the state to outweigh a mitigating circumstance or circumstances beyond a reasonable doubt, then the sentence must be imprisonment for life without possibility of parole. (ii) If imprisonment for life without possibility of parole is the sentence of the jury, then the jury shall reduce to writing the finding that no statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, or that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that such circumstance or circumstances have not been proven by the state to outweigh any mitigating circumstance or circumstances beyond a reasonable doubt. (iii) These findings and verdict must be returned to the judge upon a form provided by the court, which may appear substantially as follows: PUNISHMENT OF IMPRISONMENT FOR LIFE WITHOUT POSSIBILITY OF PAROLE [ ] We, the jury, unanimously agree that no statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt and that the defendant shall be sentenced to imprisonment for life without possibility of parole. [ ] We, the jury, unanimously agree that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that such circumstance or circumstances have not been proven by the state to outweigh any mitigating circumstance or circumstances beyond a reasonable doubt and that the defendant shall be sentenced to imprisonment for life without possibility of parole. /s/_________________ /s/_________________ Jury Foreperson Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror
(i) If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(2) , aggravated rape of a child, or grave torture, and the jury unanimously determines that no statutory aggravating circumstance has been proven by the state beyond a reasonable doubt, or that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that the circumstance or circumstances have not been proven by the state to outweigh a mitigating circumstance or circumstances beyond a reasonable doubt, then the sentence must be imprisonment for life without possibility of parole.
(ii) If imprisonment for life without possibility of parole is the sentence of the jury, then the jury shall reduce to writing the finding that no statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, or that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that such circumstance or circumstances have not been proven by the state to outweigh any mitigating circumstance or circumstances beyond a reasonable doubt.
(iii) These findings and verdict must be returned to the judge upon a form provided by the court, which may appear substantially as follows: PUNISHMENT OF IMPRISONMENT FOR LIFE WITHOUT POSSIBILITY OF PAROLE [ ] We, the jury, unanimously agree that no statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt and that the defendant shall be sentenced to imprisonment for life without possibility of parole. [ ] We, the jury, unanimously agree that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that such circumstance or circumstances have not been proven by the state to outweigh any mitigating circumstance or circumstances beyond a reasonable doubt and that the defendant shall be sentenced to imprisonment for life without possibility of parole. /s/_________________ /s/_________________ Jury Foreperson Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror
PUNISHMENT OF IMPRISONMENT FOR LIFE WITHOUT POSSIBILITY OF PAROLE
[ ] We, the jury, unanimously agree that no statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt and that the defendant shall be sentenced to imprisonment for life without possibility of parole.
[ ] We, the jury, unanimously agree that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that such circumstance or circumstances have not been proven by the state to outweigh any mitigating circumstance or circumstances beyond a reasonable doubt and that the defendant shall be sentenced to imprisonment for life without possibility of parole.
/s/_________________ /s/_________________ Jury Foreperson Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror
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(g) (1) The sentence shall be death, if the jury unanimously determines that: (A) At least one (1) statutory aggravating circumstance or several statutory aggravating circumstances have been proven by the state beyond a reasonable doubt; and (B) Such circumstance or circumstances have been proven by the state to outweigh any mitigating circumstances beyond a reasonable doubt. (2) (A) If the death penalty is the sentence of the jury, the jury shall: (i) Reduce to writing the statutory aggravating circumstance or statutory aggravating circumstances so found; and (ii) Signify that the state has proven beyond a reasonable doubt that the statutory aggravating circumstance or circumstances outweigh any mitigating circumstances. (B) These findings and verdict shall be returned to the judge upon a form provided by the court, which may appear substantially as follows: PUNISHMENT OF DEATH We, the jury, unanimously find the following listed statutory aggravating circumstance or circumstances: [Here list the statutory aggravating circumstance or circumstances so found.] We, the jury, unanimously find that the state has proven beyond a reasonable doubt that the statutory aggravating circumstance or circumstances outweigh any mitigating circumstances. Therefore, we, the jury, unanimously find that the punishment shall be death. /s/_________________ /s/_________________ Jury Foreperson Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror
(1) The sentence shall be death, if the jury unanimously determines that: (A) At least one (1) statutory aggravating circumstance or several statutory aggravating circumstances have been proven by the state beyond a reasonable doubt; and (B) Such circumstance or circumstances have been proven by the state to outweigh any mitigating circumstances beyond a reasonable doubt.
(A) At least one (1) statutory aggravating circumstance or several statutory aggravating circumstances have been proven by the state beyond a reasonable doubt; and
(B) Such circumstance or circumstances have been proven by the state to outweigh any mitigating circumstances beyond a reasonable doubt.
(2) (A) If the death penalty is the sentence of the jury, the jury shall: (i) Reduce to writing the statutory aggravating circumstance or statutory aggravating circumstances so found; and (ii) Signify that the state has proven beyond a reasonable doubt that the statutory aggravating circumstance or circumstances outweigh any mitigating circumstances. (B) These findings and verdict shall be returned to the judge upon a form provided by the court, which may appear substantially as follows: PUNISHMENT OF DEATH We, the jury, unanimously find the following listed statutory aggravating circumstance or circumstances: [Here list the statutory aggravating circumstance or circumstances so found.] We, the jury, unanimously find that the state has proven beyond a reasonable doubt that the statutory aggravating circumstance or circumstances outweigh any mitigating circumstances. Therefore, we, the jury, unanimously find that the punishment shall be death. /s/_________________ /s/_________________ Jury Foreperson Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror
(A) If the death penalty is the sentence of the jury, the jury shall: (i) Reduce to writing the statutory aggravating circumstance or statutory aggravating circumstances so found; and (ii) Signify that the state has proven beyond a reasonable doubt that the statutory aggravating circumstance or circumstances outweigh any mitigating circumstances.
(i) Reduce to writing the statutory aggravating circumstance or statutory aggravating circumstances so found; and
(ii) Signify that the state has proven beyond a reasonable doubt that the statutory aggravating circumstance or circumstances outweigh any mitigating circumstances.
(B) These findings and verdict shall be returned to the judge upon a form provided by the court, which may appear substantially as follows: PUNISHMENT OF DEATH We, the jury, unanimously find the following listed statutory aggravating circumstance or circumstances: [Here list the statutory aggravating circumstance or circumstances so found.] We, the jury, unanimously find that the state has proven beyond a reasonable doubt that the statutory aggravating circumstance or circumstances outweigh any mitigating circumstances. Therefore, we, the jury, unanimously find that the punishment shall be death. /s/_________________ /s/_________________ Jury Foreperson Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror
PUNISHMENT OF DEATH
We, the jury, unanimously find the following listed statutory aggravating circumstance or circumstances:
[Here list the statutory aggravating circumstance or circumstances so found.]
We, the jury, unanimously find that the state has proven beyond a reasonable doubt that the statutory aggravating circumstance or circumstances outweigh any mitigating circumstances.
Therefore, we, the jury, unanimously find that the punishment shall be death.
/s/_________________ /s/_________________ Jury Foreperson Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror /s/_________________ /s/_________________ Juror Juror
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(h) (1) Except as provided in subdivision (h)(2), if the jury cannot ultimately agree on punishment, the trial judge shall inquire of the foreperson of the jury whether the jury is divided over imposing a sentence of death. If the jury is divided over imposing a sentence of death, the judge shall instruct the jury that in further deliberations, the jury shall only consider the sentences of imprisonment for life without possibility of parole and imprisonment for life. If, after further deliberations, the jury still cannot agree as to sentence, the trial judge shall dismiss the jury and the judge shall impose a sentence of imprisonment for life. The judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on the effect of the jury's failure to agree on a punishment. (2) If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(2) , aggravated rape of a child, or grave torture, but the jury cannot ultimately agree on punishment, then the trial judge shall inquire of the foreperson of the jury whether the jury is divided over imposing a sentence of death. If the jury is divided over imposing a sentence of death, then the judge shall dismiss the jury and the judge shall impose a sentence of imprisonment for life without possibility of parole. The judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on the effect of the jury's failure to agree on a punishment.
(1) Except as provided in subdivision (h)(2), if the jury cannot ultimately agree on punishment, the trial judge shall inquire of the foreperson of the jury whether the jury is divided over imposing a sentence of death. If the jury is divided over imposing a sentence of death, the judge shall instruct the jury that in further deliberations, the jury shall only consider the sentences of imprisonment for life without possibility of parole and imprisonment for life. If, after further deliberations, the jury still cannot agree as to sentence, the trial judge shall dismiss the jury and the judge shall impose a sentence of imprisonment for life. The judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on the effect of the jury's failure to agree on a punishment.
(2) If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(2) , aggravated rape of a child, or grave torture, but the jury cannot ultimately agree on punishment, then the trial judge shall inquire of the foreperson of the jury whether the jury is divided over imposing a sentence of death. If the jury is divided over imposing a sentence of death, then the judge shall dismiss the jury and the judge shall impose a sentence of imprisonment for life without possibility of parole. The judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on the effect of the jury's failure to agree on a punishment.
(i) Except as provided in subdivisions (f)(2)(B) and (h)(2), no death penalty or sentence of imprisonment for life without possibility of parole shall be imposed, except upon a unanimous finding that the state has proven beyond a reasonable doubt the existence of one (1) or more of the statutory aggravating circumstances, which are limited to the following: (1) The defendant committed murder against a person less than twelve (12) years of age and the defendant was eighteen (18) years of age or older; (2) The defendant was previously convicted of one (1) or more felonies, other than the present charge, whose statutory elements involve the use of violence to the person; (3) The defendant knowingly created a great risk of death to two (2) or more persons, other than the victim of the offense, during the offense; (4) The defendant committed the offense for remuneration or the promise of remuneration, or employed another to commit the offense for remuneration or the promise of remuneration; (5) The offense was especially heinous, atrocious, or cruel, in that it involved torture or serious physical abuse beyond that necessary to produce death; (6) The offense was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or prosecution of the defendant or another; (7) The offense was knowingly committed, solicited, directed, or aided by the defendant, while the defendant had a substantial role in committing or attempting to commit, or was fleeing after having a substantial role in committing or attempting to commit, any first degree murder, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child, aircraft piracy, or unlawful throwing, placing, or discharging of a destructive device or bomb; (8) The offense was committed by the defendant while the defendant was in lawful custody or in a place of lawful confinement or during the defendant's escape from lawful custody or from a place of lawful confinement; (9) The offense was committed against any law enforcement officer, corrections official, corrections employee, probation and parole officer, emergency medical or rescue worker, emergency medical technician, paramedic, or firefighter, who was engaged in the performance of official duties, and the defendant knew or reasonably should have known that the victim was a law enforcement officer, corrections official, corrections employee, probation and parole officer, emergency medical or rescue worker, emergency medical technician, paramedic, or firefighter engaged in the performance of official duties; (10) The offense was committed against any present or former judge, district attorney general or state attorney general, assistant district attorney general or assistant state attorney general, due to or because of the exercise of the victim's official duty or status and the defendant knew that the victim occupied such office; (11) The offense was committed against a national, state, or local popularly elected official, due to or because of the official's lawful duties or status, and the defendant knew that the victim was such an official; (12) The defendant committed "mass murder," which is defined as the murder of three (3) or more persons, whether committed during a single criminal episode or at different times within a forty-eight-month period; (13) The defendant knowingly mutilated the body of the victim; (14) The victim of the offense was seventy (70) years of age or older; or the victim was particularly vulnerable due to a significant disability, whether mental or physical, and at the time of the offense, the defendant knew or reasonably should have known of such disability; (15) The offense was committed in the course of an act of terrorism; (16) The offense was committed against a pregnant woman, and the defendant intentionally committed the offense against the victim, knowing that she was pregnant; (17) The offense was committed at random and the reasons for the offense are not obvious or easily understood; (18) The defendant knowingly sold or distributed a substance containing fentanyl, carfentanil, or any other opiate listed in § 39-17-408(c) with the intent and premeditation to commit murder; or (19) The victim of the offense was acting as a Good Samaritan at the time of the offense and the defendant knew that the person was acting as a Good Samaritan. For purposes of this subdivision (i)(19), "Good Samaritan" means a person who helps, defends, protects, or renders emergency care to a person in need without compensation.
(1) The defendant committed murder against a person less than twelve (12) years of age and the defendant was eighteen (18) years of age or older;
(2) The defendant was previously convicted of one (1) or more felonies, other than the present charge, whose statutory elements involve the use of violence to the person;
(3) The defendant knowingly created a great risk of death to two (2) or more persons, other than the victim of the offense, during the offense;
(4) The defendant committed the offense for remuneration or the promise of remuneration, or employed another to commit the offense for remuneration or the promise of remuneration;
(5) The offense was especially heinous, atrocious, or cruel, in that it involved torture or serious physical abuse beyond that necessary to produce death;
(6) The offense was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or prosecution of the defendant or another;
(7) The offense was knowingly committed, solicited, directed, or aided by the defendant, while the defendant had a substantial role in committing or attempting to commit, or was fleeing after having a substantial role in committing or attempting to commit, any first degree murder, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child, aircraft piracy, or unlawful throwing, placing, or discharging of a destructive device or bomb;
(8) The offense was committed by the defendant while the defendant was in lawful custody or in a place of lawful confinement or during the defendant's escape from lawful custody or from a place of lawful confinement;
(9) The offense was committed against any law enforcement officer, corrections official, corrections employee, probation and parole officer, emergency medical or rescue worker, emergency medical technician, paramedic, or firefighter, who was engaged in the performance of official duties, and the defendant knew or reasonably should have known that the victim was a law enforcement officer, corrections official, corrections employee, probation and parole officer, emergency medical or rescue worker, emergency medical technician, paramedic, or firefighter engaged in the performance of official duties;
(10) The offense was committed against any present or former judge, district attorney general or state attorney general, assistant district attorney general or assistant state attorney general, due to or because of the exercise of the victim's official duty or status and the defendant knew that the victim occupied such office;
(11) The offense was committed against a national, state, or local popularly elected official, due to or because of the official's lawful duties or status, and the defendant knew that the victim was such an official;
(12) The defendant committed "mass murder," which is defined as the murder of three (3) or more persons, whether committed during a single criminal episode or at different times within a forty-eight-month period;
(13) The defendant knowingly mutilated the body of the victim;
(14) The victim of the offense was seventy (70) years of age or older; or the victim was particularly vulnerable due to a significant disability, whether mental or physical, and at the time of the offense, the defendant knew or reasonably should have known of such disability;
(15) The offense was committed in the course of an act of terrorism;
(16) The offense was committed against a pregnant woman, and the defendant intentionally committed the offense against the victim, knowing that she was pregnant;
(17) The offense was committed at random and the reasons for the offense are not obvious or easily understood;
(18) The defendant knowingly sold or distributed a substance containing fentanyl, carfentanil, or any other opiate listed in § 39-17-408(c) with the intent and premeditation to commit murder; or
(19) The victim of the offense was acting as a Good Samaritan at the time of the offense and the defendant knew that the person was acting as a Good Samaritan. For purposes of this subdivision (i)(19), "Good Samaritan" means a person who helps, defends, protects, or renders emergency care to a person in need without compensation.
(j) In arriving at the punishment, the jury shall consider, pursuant to this section, any mitigating circumstances, which shall include, but are not limited to, the following: (1) The defendant has no significant history of prior criminal activity; (2) The offense was committed while the defendant was under the influence of extreme mental or emotional disturbance; (3) The victim was a participant in the defendant's conduct or consented to the act; (4) The offense was committed under circumstances that the defendant reasonably believed to provide a moral justification for the defendant's conduct; (5) The defendant was an accomplice in the offense committed by another person and the defendant's participation was relatively minor; (6) The defendant acted under extreme duress or under the substantial domination of another person; (7) The youth or advanced age of the defendant at the time of the crime; (8) The capacity of the defendant to appreciate the wrongfulness of the defendant's conduct or to conform the defendant's conduct to the requirements of the law was substantially impaired as a result of mental disease or defect or intoxication, which was insufficient to establish a defense to the crime but which substantially affected the defendant's judgment; and (9) Any other mitigating factor that is raised by the evidence produced by either the prosecution or defense, at either the guilt or sentencing hearing.
(1) The defendant has no significant history of prior criminal activity;
(2) The offense was committed while the defendant was under the influence of extreme mental or emotional disturbance;
(3) The victim was a participant in the defendant's conduct or consented to the act;
(4) The offense was committed under circumstances that the defendant reasonably believed to provide a moral justification for the defendant's conduct;
(5) The defendant was an accomplice in the offense committed by another person and the defendant's participation was relatively minor;
(6) The defendant acted under extreme duress or under the substantial domination of another person;
(7) The youth or advanced age of the defendant at the time of the crime;
(8) The capacity of the defendant to appreciate the wrongfulness of the defendant's conduct or to conform the defendant's conduct to the requirements of the law was substantially impaired as a result of mental disease or defect or intoxication, which was insufficient to establish a defense to the crime but which substantially affected the defendant's judgment; and
(9) Any other mitigating factor that is raised by the evidence produced by either the prosecution or defense, at either the guilt or sentencing hearing.
(k) Upon motion for a new trial, after a conviction for an offense that is punishable by death, if the court finds error in the trial determining guilt, then a new trial on both guilt and sentencing must be held; but if the court finds error alone in the trial determining punishment, then a new trial on the issue of punishment alone must be held by a new jury empaneled for that purpose. If the trial court, or another court with jurisdiction to do so, orders that a defendant convicted of an offense that is punishable by death, whether the sentence is death, imprisonment for life without possibility of parole, or, if applicable, imprisonment for life, be granted a new trial, either as to guilt or punishment, or both, then the new trial must include the possible punishments of death, imprisonment for life without possibility of parole, or, unless the defendant is convicted of first degree murder as described in § 39-13-202(c)(2) , aggravated rape of a child, or grave torture, imprisonment for life.
(l) If the jury has imposed a sentence of death, then the jury may determine whether the defendant's sentence must be expedited pursuant to this subsection ( l ), and, if the jury unanimously determines that an expediated sentence is required, return such findings to the judge upon a form provided by the court. A defendant's sentence may be expedited if the jury finds that: (1) (A) The offense involved the death of three (3) or more victims whom the defendant killed using one (1) or more deadly weapons; (B) The defendant committed the offense by using one (1) or more deadly weapons on the grounds of a public or private elementary, secondary, or postsecondary school; or (C) The defendant committed the offense by killing a first responder, as defined in § 39-13-116 , who was acting in the course of the first responder's employment at the time of the offense; and (2) The evidence presented at trial proving the defendant's guilt was incontestable, which may include, but is not limited to: (A) Video evidence depicting the defendant committing the offense; or (B) Deoxyribonucleic acid evidence linking the defendant to the offense.
(1) (A) The offense involved the death of three (3) or more victims whom the defendant killed using one (1) or more deadly weapons; (B) The defendant committed the offense by using one (1) or more deadly weapons on the grounds of a public or private elementary, secondary, or postsecondary school; or (C) The defendant committed the offense by killing a first responder, as defined in § 39-13-116 , who was acting in the course of the first responder's employment at the time of the offense; and
(A) The offense involved the death of three (3) or more victims whom the defendant killed using one (1) or more deadly weapons;
(B) The defendant committed the offense by using one (1) or more deadly weapons on the grounds of a public or private elementary, secondary, or postsecondary school; or
(C) The defendant committed the offense by killing a first responder, as defined in § 39-13-116 , who was acting in the course of the first responder's employment at the time of the offense; and
(2) The evidence presented at trial proving the defendant's guilt was incontestable, which may include, but is not limited to: (A) Video evidence depicting the defendant committing the offense; or (B) Deoxyribonucleic acid evidence linking the defendant to the offense.
(A) Video evidence depicting the defendant committing the offense; or
(B) Deoxyribonucleic acid evidence linking the defendant to the offense.
Amended by 2024 Tenn. Acts, ch. 951,s 18, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 951,s 17, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 951,s 7, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 951,s 16, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 951,s 15, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 951,s 13, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 951,s 12, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 951,s 11, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 951,s 10, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 951,s 9, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 951,s 8, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1062, Secs.s 4, s 5, s 6, s 7eff. on the thirtieth day following the occurrence of either : (1) The issuance of the judgment in a decision of the United States supreme court overruling, in whole or in relevant part, Kennedy v. Louisiana, 554 U.S. 407 (2008); or (2) The ratification of an amendment to the Constitution of the United States approving the use of the death penalty as punishment for the conviction of an offense involving the infliction of severe physical and mental pain and suffering upon the victim with the intent to perpetrate first degree murder that does not result in the death of the victim.
Amended by 2023 Tenn. Acts, ch. 375, s 1, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 528, s 5, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 528, Secs.s 6, s 7, s 8, s 9, s 10, s 11, s 12 eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 215, s 2, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 231, s 1, eff. 7/1/2019.
Acts 1989, ch. 591, § 1; T.C.A., § 39-13-203 ; Acts 1990, ch. 1038, § 3; 1993, ch. 473, §§ 2, 4-6, 13, 14; 1995, ch. 356, § 1; 1995, ch. 377, § 1; 1996, ch. 830, § 2; 1997 , ch. 139, § 1; 1997 , ch. 358, § 1; 1997 , ch. 491, § 1; 1998, ch. 712, § 1; 1998, ch. 915, § 1; 1998, ch. 916, § 1; 1999, ch. 504, § 1; 2002, ch. 849, § 2b; 2008 , ch. 829, § 1; 2009 , ch. 582, § 1; 2010 , ch. 1058, § 1; 2011 , ch. 47, § 30; 2011 , ch. 489, § 1.
Tenn. Code Ann. § 39-17-1503 — TN Code / Title 39 / Chapter 17 / Section 39-17-1503
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Age-restricted venue" means a legal establishment that affirmatively restricts access to its buildings or facilities at all times to persons who are twenty-one (21) years of age or older by requiring each person who attempts to gain entry to those buildings or facilities to submit for inspection an acceptable form of identification for the express purpose of determining if the person is twenty-one (21) years of age or older; (2) "Beedies" or "bidis" means a product containing tobacco that is wrapped in temburni leaf ( dispyros melanoxylon ) or tendu leaf ( diospyros exculpra ), or any other product that is offered to, or purchased by, consumers as beedies or bidis. For purposes of this chapter, beedies or bidis shall be considered a tobacco product; (3) "Cigar bar" means a legal establishment that: (A) Holds a valid license or permit for the on-premises consumption of alcoholic beverages; (B) Generates a portion of its total annual gross income from the on-site sale of cigars and the rental of humidors; (C) Does not knowingly sell products or services, or permit entrance to the premises, to a person who is less than twenty-one (21) years of age; and (D) Does not permit vaping or the smoking of products other than cigars on the premises; (4) "Commissioner" means the commissioner of agriculture or the commissioner's duly authorized representative; (5) "Department" means the department of agriculture; (6) "Hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis; (7) "Person" means any individual, firm, fiduciary, partnership, corporation, trust, or association; (8) "Proof of age" means a driver license or other generally accepted means of identification that describes the individual as twenty-one (21) years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid. Except in the case of distribution by mail, the distributor shall obtain a statement from the addressee that the addressee is twenty-one (21) years of age or older; (9) "Public place" means any public street, sidewalk or park, or any area open to the general public in any publicly owned or operated building; (10) "Retail tobacco store" means a retail store that derives its largest category of sales from tobacco products and accessories; (11) "Retail vapor product store" means a retail store that derives its largest category of sales from vapor products and accessories; (12) "Sample" means a tobacco product distributed to members of the general public at no cost for the purpose of promoting the product; (13) "Sampling" means the distribution of samples to members of the general public in a public place; (14) "Smokeless nicotine product": (A) Means nicotine that is in the form of a solid, gel, gum, or paste that is intended for human consumption or placement in the oral cavity for absorption into the human body by any means other than inhalation; (B) Does not include tobacco or tobacco products; and (C) Does not include nicotine replacement therapy products as defined and approved by the federal food and drug administration; (15) "Smoking hemp" means hemp that is offered for sale to the public with the intention that it is consumed by smoking and that does not meet the definition of a vapor product; (16) "Tobacco product" means any product that contains tobacco and is intended for human consumption, including, but not limited to, cigars, cigarettes and bidis; and (17) "Vapor product": (A) Means any noncombustible product containing nicotine or any other substance that employs a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce or emit a visible or non-visible vapor; (B) Includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product, and any vapor cartridge, any substance used to refill a vapor cartridge, or other container of a solution containing nicotine or any other substance that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product; and (C) Does not include any product regulated under Chapter V of the Food, Drug, and Cosmetic Act ( 21 U.S.C. § 351 et seq.). Amended by 2022 Tenn. Acts, ch. 1110, s 3, eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 810, s 2, eff. 4/8/2022. Amended by 2019 Tenn. Acts, ch. 303, s 4, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 144, s 1, eff. 4/17/2019. Amended by 2015 Tenn. Acts, ch. 353, s 3, eff. 7/1/2015. Acts 1994, ch. 872, § 3; 1995, ch. 470, § 1; 1999, ch. 354, § 3; 2002, ch. 511, §§ 1, 2; 2011 , ch. 501, § 3.
As used in this part, unless the context otherwise requires:
(1) "Age-restricted venue" means a legal establishment that affirmatively restricts access to its buildings or facilities at all times to persons who are twenty-one (21) years of age or older by requiring each person who attempts to gain entry to those buildings or facilities to submit for inspection an acceptable form of identification for the express purpose of determining if the person is twenty-one (21) years of age or older;
(2) "Beedies" or "bidis" means a product containing tobacco that is wrapped in temburni leaf ( dispyros melanoxylon ) or tendu leaf ( diospyros exculpra ), or any other product that is offered to, or purchased by, consumers as beedies or bidis. For purposes of this chapter, beedies or bidis shall be considered a tobacco product;
(3) "Cigar bar" means a legal establishment that: (A) Holds a valid license or permit for the on-premises consumption of alcoholic beverages; (B) Generates a portion of its total annual gross income from the on-site sale of cigars and the rental of humidors; (C) Does not knowingly sell products or services, or permit entrance to the premises, to a person who is less than twenty-one (21) years of age; and (D) Does not permit vaping or the smoking of products other than cigars on the premises;
(A) Holds a valid license or permit for the on-premises consumption of alcoholic beverages;
(B) Generates a portion of its total annual gross income from the on-site sale of cigars and the rental of humidors;
(C) Does not knowingly sell products or services, or permit entrance to the premises, to a person who is less than twenty-one (21) years of age; and
(D) Does not permit vaping or the smoking of products other than cigars on the premises;
(4) "Commissioner" means the commissioner of agriculture or the commissioner's duly authorized representative;
(5) "Department" means the department of agriculture;
(6) "Hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis;
(7) "Person" means any individual, firm, fiduciary, partnership, corporation, trust, or association;
(8) "Proof of age" means a driver license or other generally accepted means of identification that describes the individual as twenty-one (21) years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid. Except in the case of distribution by mail, the distributor shall obtain a statement from the addressee that the addressee is twenty-one (21) years of age or older;
(9) "Public place" means any public street, sidewalk or park, or any area open to the general public in any publicly owned or operated building;
(10) "Retail tobacco store" means a retail store that derives its largest category of sales from tobacco products and accessories;
(11) "Retail vapor product store" means a retail store that derives its largest category of sales from vapor products and accessories;
(12) "Sample" means a tobacco product distributed to members of the general public at no cost for the purpose of promoting the product;
(13) "Sampling" means the distribution of samples to members of the general public in a public place;
(14) "Smokeless nicotine product": (A) Means nicotine that is in the form of a solid, gel, gum, or paste that is intended for human consumption or placement in the oral cavity for absorption into the human body by any means other than inhalation; (B) Does not include tobacco or tobacco products; and (C) Does not include nicotine replacement therapy products as defined and approved by the federal food and drug administration;
(A) Means nicotine that is in the form of a solid, gel, gum, or paste that is intended for human consumption or placement in the oral cavity for absorption into the human body by any means other than inhalation;
(B) Does not include tobacco or tobacco products; and
(C) Does not include nicotine replacement therapy products as defined and approved by the federal food and drug administration;
(15) "Smoking hemp" means hemp that is offered for sale to the public with the intention that it is consumed by smoking and that does not meet the definition of a vapor product;
(16) "Tobacco product" means any product that contains tobacco and is intended for human consumption, including, but not limited to, cigars, cigarettes and bidis; and
(17) "Vapor product": (A) Means any noncombustible product containing nicotine or any other substance that employs a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce or emit a visible or non-visible vapor; (B) Includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product, and any vapor cartridge, any substance used to refill a vapor cartridge, or other container of a solution containing nicotine or any other substance that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product; and (C) Does not include any product regulated under Chapter V of the Food, Drug, and Cosmetic Act ( 21 U.S.C. § 351 et seq.).
(A) Means any noncombustible product containing nicotine or any other substance that employs a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce or emit a visible or non-visible vapor;
(B) Includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product, and any vapor cartridge, any substance used to refill a vapor cartridge, or other container of a solution containing nicotine or any other substance that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product; and
(C) Does not include any product regulated under Chapter V of the Food, Drug, and Cosmetic Act ( 21 U.S.C. § 351 et seq.).
Amended by 2022 Tenn. Acts, ch. 1110, s 3, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 810, s 2, eff. 4/8/2022.
Amended by 2019 Tenn. Acts, ch. 303, s 4, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 144, s 1, eff. 4/17/2019.
Amended by 2015 Tenn. Acts, ch. 353, s 3, eff. 7/1/2015.
Acts 1994, ch. 872, § 3; 1995, ch. 470, § 1; 1999, ch. 354, § 3; 2002, ch. 511, §§ 1, 2; 2011 , ch. 501, § 3.