Tenn. Code Ann. § 39-17-417 — TN Code / Title 39 / Chapter 17 / Section 39-17-417
Criminal offenses and penalties
Status: in_force

(a) It is an offense for a defendant to knowingly: (1) Manufacture a controlled substance; (2) Deliver a controlled substance; (3) Sell a controlled substance; or (4) Possess a controlled substance with intent to manufacture, deliver or sell the controlled substance. (b) A violation of subsection (a) with respect to a Schedule I controlled substance is a Class B felony and, in addition, may be fined not more than one hundred thousand dollars ($100,000). (c) A violation of subsection (a) with respect to: (1) Cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil is a Class B felony if the amount involved is point five (0.5) grams or more of any substance containing cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil and, in addition, may be fined not more than one hundred thousand dollars ($100,000); and (2) (A) Any other Schedule II controlled substance, including cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil in an amount of less than point five (0.5) grams, is a Class C felony and, in addition, may be fined not more than one hundred thousand dollars ($100,000); provided, that if the offense involves less than point five (0.5) grams of a controlled substance containing cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil, but the defendant carried or employed a deadly weapon as defined in § 39-11-106 , during commission of the offense or the offense resulted in death or bodily injury to another person, then the offense is a Class B felony. (B) As a part of any sentence imposed for a violation of subdivision (a)(1) involving a controlled substance listed in § 39-17-408(d)(2) , the court shall require the defendant to make restitution to any governmental entity for the costs reasonably incurred in cleaning the area in which the offense occurred and in rendering the area safe for human use. (C) In addition to the requirement that restitution be made to the governmental entity pursuant to subdivision (c)(2)(B), the court shall also require that restitution be made to any private property owner, either real or personal, whose property is destroyed or suffers damage as a result of the offense. In the case of property that was rented or leased, damages may also include the loss of any revenue that occurred because the property was uninhabitable or a crime scene. The type and amount of restitution permitted pursuant to this subdivision (c)(2)(C) shall be determined by the court using the procedure set out in § 40-35-304 . (d) (1) A violation of subsection (a) with respect to a Schedule III controlled substance is a Class D felony and, in addition, may be fined not more than fifty thousand dollars ($50,000). (2) (A) Notwithstanding any other law to the contrary, a person charged for the first time with delivering an anabolic steroid or possessing an anabolic steroid with the intent to manufacture, deliver or sell the steroid shall be eligible for pretrial diversion pursuant to title 40, chapter 15, and probation pursuant to title 40, chapter 28 and § 40-35-313 . (B) The inference permitted by the first sentence of § 39-17-419 does not apply to a person charged under subdivision (a)(4) with possession of an anabolic steroid with intent to sell or deliver the steroid. Unless the state can prove that an actual sale or delivery occurred, the person may only be convicted of simple possession and punished as provided in § 39-17-418 . (e) A violation of subsection (a) with respect to: (1) Flunitrazepam is a Class C felony and, in addition, may be fined not more than one hundred thousand dollars ($100,000); and (2) Any other Schedule IV controlled substance is a Class D felony and, in addition, may be fined not more than fifty thousand dollars ($50,000). (f) A violation of subsection (a) with respect to a Schedule V controlled substance is a Class E felony and, in addition, may be fined not more than five thousand dollars ($5,000). (g) (1) A violation of subsection (a) with respect to a Schedule VI controlled substance classified as marijuana containing not less than one-half (1/2) ounce (14.175 grams) nor more than ten pounds (10 lbs.) (4535 grams) of marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish), containing not more than two pounds (2 lbs.) (905 grams) of hashish is a Class E felony and, in addition, may be fined not more than five thousand dollars ($5,000). (2) A violation of subsection (a) with respect to a Schedule VI controlled substance classified as marijuana and containing not less than ten pounds (10 lbs.), one gram (4536 grams) of marijuana nor more than seventy pounds (70 lbs.) (31,696 grams) of marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than two pounds (2 lbs.), one gram (906 grams) nor more than four pounds (4 lbs.) (1810 grams) of hashish, or a Schedule VI controlled substance classified as marijuana consisting of not less than ten (10) marijuana plants nor more than nineteen (19) marijuana plants, regardless of weight, is a Class D felony and, in addition, may be fined not more than fifty thousand dollars ($50,000). (3) A violation of subsection (a) with respect to a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than four pounds (4 lbs.), one gram (1811 grams) nor more than eight pounds (8 lbs.) (3620 grams) of hashish, or a Schedule VI controlled substance classified as marijuana consisting of not less than twenty (20) marijuana plants nor more than ninety-nine (99) marijuana plants, regardless of weight, is a Class C felony and, in addition, may be fined not more than one hundred thousand dollars ($100,000). (h) A violation of subsection (a) with respect to a Schedule VII controlled substance is a Class E felony and, in addition, may be fined not more than one thousand dollars ($1,000). (i) A violation of subsection (a) with respect to the following amounts of a controlled substance, or conspiracy to violate subsection (a) with respect to such amounts, is a Class B felony and, in addition, may be fined not more than two hundred thousand dollars ($200,000): (1) Fifteen (15) grams or more of any substance containing heroin; (2) Fifteen (15) grams or more of any substance containing morphine; (3) Five (5) grams or more of any substance containing hydromorphone; (4) Five (5) grams or more of any substance containing lysergic acid diethylamide (LSD); (5) Twenty-six (26) grams or more of any substance containing cocaine; (6) Five (5) grams or more of any substance containing a combination of pentazocine and tripelennamine or joint possession of pentazocine and tripelennamine; (7) Thirty (30) grams or more of any substance containing phencyclidine; (8) One hundred (100) grams or more of any substance containing a derivative of barbituric acid or any of the salts of a derivative of barbituric acid; (9) Fifty (50) grams or more of any substance containing phenmetrazine; (10) Twenty-six (26) grams or more of any substance containing amphetamine or methamphetamine or any salt of an optical isomer of amphetamine or methamphetamine; (11) One thousand (1,000) grams or more of any substance containing peyote; (12) Fifteen (15) grams or more of any substance containing fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or any fentanyl derivative or analogue under § 39-17-406(b)(48) ; (13) Two hundred (200) grams or more of any substance containing a controlled substance classified in Schedule I or II not listed in subdivisions (i)(1)-(12); or (14) Not less than seventy pounds (70 lbs.) (31,697 grams) nor more than three hundred pounds (300 lbs.) (136,050 grams) of any substance containing marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than eight pounds (8 lbs.), one gram (3621 grams) nor more than fifteen pounds (15 lbs.) (6,792 grams) of any substance containing hashish, or not less than one hundred (100) marijuana plants nor more than four hundred ninety-nine (499) marijuana plants, regardless of weight. (j) A violation of subsection (a) with respect to the following amounts of a controlled substance, or conspiracy to violate subsection (a) with respect to such amounts is a Class A felony and, in addition, may be fined not more than five hundred thousand dollars ($500,000): (1) One hundred fifty (150) grams or more of any substance containing heroin; (2) One hundred fifty (150) grams or more of any substance containing morphine; (3) Fifty (50) grams or more of any substance containing hydromorphone; (4) Fifty (50) grams or more of any substance containing lysergic acid diethylamide (LSD); (5) Three hundred (300) grams or more of any substance containing cocaine; (6) Fifty (50) grams or more of any substance containing a combination of pentazocine and tripelennamine or joint possession of pentazocine and tripelennamine; (7) Three hundred (300) grams or more of any substance containing phencyclidine; (8) One thousand (1,000) grams or more of any substance containing a derivative of barbituric acid or any of the salts of a derivative of barbituric acid; (9) Five hundred (500) grams or more of any substance containing phenmetrazine; (10) Three hundred (300) grams or more of any substance containing amphetamine or methamphetamine or any salt of an optical isomer of amphetamine or methamphetamine; (11) Ten thousand (10,000) grams or more of any substance containing peyote; (12) One hundred fifty (150) grams or more of any substance containing fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or any fentanyl derivative or analogue under § 39-17-406(b)(48) ; (13) Two thousand (2,000) grams or more of any substance containing a controlled substance classified in Schedule I or II not listed in subdivisions (i)(1)-(12); or (14) Three hundred pounds (300 lbs.) (136,050 grams) or more of any substance containing marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than fifteen pounds (15 lbs.), one gram (6,793 grams) of any substance containing hashish, or five hundred (500) or more marijuana plants, regardless of weight. (k) (1) A violation of this section or a conspiracy to violate this section where the recipient or the intended recipient of the controlled substance is under eighteen (18) years of age shall be punished one (1) classification higher than provided in subsections (b)-(i). (2) A violation of this section or a conspiracy to violate this section shall be punished pursuant to § 39-13-210 if the substance involved is fentanyl or carfentanyl, or any analogue or derivative thereof, either alone or in combination with any substance scheduled as a controlled substance by the Tennessee Drug Control Act of 1989, compiled in this part and title 53, chapter 11, parts 3 and 4, including controlled substance analogues, and the violation resulted in the death of another person. (l) (1) If the district attorney general believes that a defendant should be sentenced as a habitual drug offender, the district attorney general shall file notice of the defendant's record of prior convictions for violations specified in this subsection ( l ) in conformity with § 40-35-202 . (2) The trial court, upon the request of the district attorney general, shall enter injunctions, restraining orders, directions or prohibitions, or take other actions, including the acceptance of satisfactory performance bonds, liens on real property, security interests in personal property, for the purpose of collecting any fine imposed pursuant to this entire section. (3) Any person found guilty of a violation of this section that constitutes a Class A or Class B felony or attempts to commit a Class A or Class B violation of this section or conspiracy to commit a Class A or Class B violation of this section and who has at least three (3) prior Class A or Class B felony convictions or any combination thereof under this section or § 39-6-417 [repealed] or under the laws of any other state or jurisdiction, which if committed in this state would have constituted a Class A or Class B felony violation under this section or § 39-6-417 [repealed]; provided, that the prior convictions were for violations committed at different times and on separate occasions at least twenty-four (24) hours apart, shall be found to be an habitual drug offender and shall be sentenced to one range of punishment higher than the range of punishment otherwise provided for in § 40-35-105 , and, in addition, shall be fined not more than two hundred thousand dollars ($200,000). (m) The offense described in subdivision (a)(1) with respect to any substance defined in § 39-17-408(d)(2) shall include the preparation or compounding of a controlled substance by an individual for the individual's own use. (n) (1) A violation of subdivision (a)(1) with respect to any amount of methamphetamine shall be punished by confinement for not less than one hundred eighty (180) days, and the person shall serve at least one hundred percent (100%) of the one hundred eighty (180) day minimum. (2) (A) The one hundred eighty (180) day minimum sentence required by subdivision (n)(1) shall not be construed to prohibit a person sentenced pursuant to this subsection (n) from participating in a drug or recovery court that is certified by the department of mental health and substance abuse services. (B) Any person participating in such a court may receive sentence credit for up to the full one hundred eighty (180) day minimum required by subdivision (n)(1). Amended by 2024 Tenn. Acts, ch. 957,s 1, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 386, s 3, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 386, s 2, eff. 7/1/2023. Amended by 2019 Tenn. Acts, ch. 201, Secs.s 1, s 2, s 3 eff. 4/25/2019. Amended by 2014 Tenn. Acts, ch. 970,s 1, eff. 7/1/2014. Acts 1989, ch. 591, § 1; 1990, ch. 991, § 1; 1990, ch. 1030, § 30; 1992, ch. 700, §§ 4, 5; 1992, ch. 878, § 4; 1994, ch. 703, § 1; 1996, ch. 928, §§ 1-3; 1997 , ch. 107, § 3; 1998, ch. 1079, §§ 1, 3, 4, 6, 7; 2003 , ch. 331, § 1; 2004, ch. 845, §§ 1 - 3; 2005, ch. 18, § 15; 2005, ch. 322, § 1; 2012 , ch. 852, § 1.
(a) It is an offense for a defendant to knowingly: (1) Manufacture a controlled substance; (2) Deliver a controlled substance; (3) Sell a controlled substance; or (4) Possess a controlled substance with intent to manufacture, deliver or sell the controlled substance.
(1) Manufacture a controlled substance;
(2) Deliver a controlled substance;
(3) Sell a controlled substance; or
(4) Possess a controlled substance with intent to manufacture, deliver or sell the controlled substance.
(b) A violation of subsection (a) with respect to a Schedule I controlled substance is a Class B felony and, in addition, may be fined not more than one hundred thousand dollars ($100,000).
(c) A violation of subsection (a) with respect to: (1) Cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil is a Class B felony if the amount involved is point five (0.5) grams or more of any substance containing cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil and, in addition, may be fined not more than one hundred thousand dollars ($100,000); and (2) (A) Any other Schedule II controlled substance, including cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil in an amount of less than point five (0.5) grams, is a Class C felony and, in addition, may be fined not more than one hundred thousand dollars ($100,000); provided, that if the offense involves less than point five (0.5) grams of a controlled substance containing cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil, but the defendant carried or employed a deadly weapon as defined in § 39-11-106 , during commission of the offense or the offense resulted in death or bodily injury to another person, then the offense is a Class B felony. (B) As a part of any sentence imposed for a violation of subdivision (a)(1) involving a controlled substance listed in § 39-17-408(d)(2) , the court shall require the defendant to make restitution to any governmental entity for the costs reasonably incurred in cleaning the area in which the offense occurred and in rendering the area safe for human use. (C) In addition to the requirement that restitution be made to the governmental entity pursuant to subdivision (c)(2)(B), the court shall also require that restitution be made to any private property owner, either real or personal, whose property is destroyed or suffers damage as a result of the offense. In the case of property that was rented or leased, damages may also include the loss of any revenue that occurred because the property was uninhabitable or a crime scene. The type and amount of restitution permitted pursuant to this subdivision (c)(2)(C) shall be determined by the court using the procedure set out in § 40-35-304 .
(1) Cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil is a Class B felony if the amount involved is point five (0.5) grams or more of any substance containing cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil and, in addition, may be fined not more than one hundred thousand dollars ($100,000); and
(2) (A) Any other Schedule II controlled substance, including cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil in an amount of less than point five (0.5) grams, is a Class C felony and, in addition, may be fined not more than one hundred thousand dollars ($100,000); provided, that if the offense involves less than point five (0.5) grams of a controlled substance containing cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil, but the defendant carried or employed a deadly weapon as defined in § 39-11-106 , during commission of the offense or the offense resulted in death or bodily injury to another person, then the offense is a Class B felony. (B) As a part of any sentence imposed for a violation of subdivision (a)(1) involving a controlled substance listed in § 39-17-408(d)(2) , the court shall require the defendant to make restitution to any governmental entity for the costs reasonably incurred in cleaning the area in which the offense occurred and in rendering the area safe for human use. (C) In addition to the requirement that restitution be made to the governmental entity pursuant to subdivision (c)(2)(B), the court shall also require that restitution be made to any private property owner, either real or personal, whose property is destroyed or suffers damage as a result of the offense. In the case of property that was rented or leased, damages may also include the loss of any revenue that occurred because the property was uninhabitable or a crime scene. The type and amount of restitution permitted pursuant to this subdivision (c)(2)(C) shall be determined by the court using the procedure set out in § 40-35-304 .
(A) Any other Schedule II controlled substance, including cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil in an amount of less than point five (0.5) grams, is a Class C felony and, in addition, may be fined not more than one hundred thousand dollars ($100,000); provided, that if the offense involves less than point five (0.5) grams of a controlled substance containing cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil, but the defendant carried or employed a deadly weapon as defined in § 39-11-106 , during commission of the offense or the offense resulted in death or bodily injury to another person, then the offense is a Class B felony.
(B) As a part of any sentence imposed for a violation of subdivision (a)(1) involving a controlled substance listed in § 39-17-408(d)(2) , the court shall require the defendant to make restitution to any governmental entity for the costs reasonably incurred in cleaning the area in which the offense occurred and in rendering the area safe for human use.
(C) In addition to the requirement that restitution be made to the governmental entity pursuant to subdivision (c)(2)(B), the court shall also require that restitution be made to any private property owner, either real or personal, whose property is destroyed or suffers damage as a result of the offense. In the case of property that was rented or leased, damages may also include the loss of any revenue that occurred because the property was uninhabitable or a crime scene. The type and amount of restitution permitted pursuant to this subdivision (c)(2)(C) shall be determined by the court using the procedure set out in § 40-35-304 .
(d) (1) A violation of subsection (a) with respect to a Schedule III controlled substance is a Class D felony and, in addition, may be fined not more than fifty thousand dollars ($50,000). (2) (A) Notwithstanding any other law to the contrary, a person charged for the first time with delivering an anabolic steroid or possessing an anabolic steroid with the intent to manufacture, deliver or sell the steroid shall be eligible for pretrial diversion pursuant to title 40, chapter 15, and probation pursuant to title 40, chapter 28 and § 40-35-313 . (B) The inference permitted by the first sentence of § 39-17-419 does not apply to a person charged under subdivision (a)(4) with possession of an anabolic steroid with intent to sell or deliver the steroid. Unless the state can prove that an actual sale or delivery occurred, the person may only be convicted of simple possession and punished as provided in § 39-17-418 .
(1) A violation of subsection (a) with respect to a Schedule III controlled substance is a Class D felony and, in addition, may be fined not more than fifty thousand dollars ($50,000).
(2) (A) Notwithstanding any other law to the contrary, a person charged for the first time with delivering an anabolic steroid or possessing an anabolic steroid with the intent to manufacture, deliver or sell the steroid shall be eligible for pretrial diversion pursuant to title 40, chapter 15, and probation pursuant to title 40, chapter 28 and § 40-35-313 . (B) The inference permitted by the first sentence of § 39-17-419 does not apply to a person charged under subdivision (a)(4) with possession of an anabolic steroid with intent to sell or deliver the steroid. Unless the state can prove that an actual sale or delivery occurred, the person may only be convicted of simple possession and punished as provided in § 39-17-418 .
(A) Notwithstanding any other law to the contrary, a person charged for the first time with delivering an anabolic steroid or possessing an anabolic steroid with the intent to manufacture, deliver or sell the steroid shall be eligible for pretrial diversion pursuant to title 40, chapter 15, and probation pursuant to title 40, chapter 28 and § 40-35-313 .
(B) The inference permitted by the first sentence of § 39-17-419 does not apply to a person charged under subdivision (a)(4) with possession of an anabolic steroid with intent to sell or deliver the steroid. Unless the state can prove that an actual sale or delivery occurred, the person may only be convicted of simple possession and punished as provided in § 39-17-418 .
(e) A violation of subsection (a) with respect to: (1) Flunitrazepam is a Class C felony and, in addition, may be fined not more than one hundred thousand dollars ($100,000); and (2) Any other Schedule IV controlled substance is a Class D felony and, in addition, may be fined not more than fifty thousand dollars ($50,000).
(1) Flunitrazepam is a Class C felony and, in addition, may be fined not more than one hundred thousand dollars ($100,000); and
(2) Any other Schedule IV controlled substance is a Class D felony and, in addition, may be fined not more than fifty thousand dollars ($50,000).
(f) A violation of subsection (a) with respect to a Schedule V controlled substance is a Class E felony and, in addition, may be fined not more than five thousand dollars ($5,000).
(g) (1) A violation of subsection (a) with respect to a Schedule VI controlled substance classified as marijuana containing not less than one-half (1/2) ounce (14.175 grams) nor more than ten pounds (10 lbs.) (4535 grams) of marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish), containing not more than two pounds (2 lbs.) (905 grams) of hashish is a Class E felony and, in addition, may be fined not more than five thousand dollars ($5,000). (2) A violation of subsection (a) with respect to a Schedule VI controlled substance classified as marijuana and containing not less than ten pounds (10 lbs.), one gram (4536 grams) of marijuana nor more than seventy pounds (70 lbs.) (31,696 grams) of marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than two pounds (2 lbs.), one gram (906 grams) nor more than four pounds (4 lbs.) (1810 grams) of hashish, or a Schedule VI controlled substance classified as marijuana consisting of not less than ten (10) marijuana plants nor more than nineteen (19) marijuana plants, regardless of weight, is a Class D felony and, in addition, may be fined not more than fifty thousand dollars ($50,000). (3) A violation of subsection (a) with respect to a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than four pounds (4 lbs.), one gram (1811 grams) nor more than eight pounds (8 lbs.) (3620 grams) of hashish, or a Schedule VI controlled substance classified as marijuana consisting of not less than twenty (20) marijuana plants nor more than ninety-nine (99) marijuana plants, regardless of weight, is a Class C felony and, in addition, may be fined not more than one hundred thousand dollars ($100,000).
(1) A violation of subsection (a) with respect to a Schedule VI controlled substance classified as marijuana containing not less than one-half (1/2) ounce (14.175 grams) nor more than ten pounds (10 lbs.) (4535 grams) of marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish), containing not more than two pounds (2 lbs.) (905 grams) of hashish is a Class E felony and, in addition, may be fined not more than five thousand dollars ($5,000).
(2) A violation of subsection (a) with respect to a Schedule VI controlled substance classified as marijuana and containing not less than ten pounds (10 lbs.), one gram (4536 grams) of marijuana nor more than seventy pounds (70 lbs.) (31,696 grams) of marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than two pounds (2 lbs.), one gram (906 grams) nor more than four pounds (4 lbs.) (1810 grams) of hashish, or a Schedule VI controlled substance classified as marijuana consisting of not less than ten (10) marijuana plants nor more than nineteen (19) marijuana plants, regardless of weight, is a Class D felony and, in addition, may be fined not more than fifty thousand dollars ($50,000).
(3) A violation of subsection (a) with respect to a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than four pounds (4 lbs.), one gram (1811 grams) nor more than eight pounds (8 lbs.) (3620 grams) of hashish, or a Schedule VI controlled substance classified as marijuana consisting of not less than twenty (20) marijuana plants nor more than ninety-nine (99) marijuana plants, regardless of weight, is a Class C felony and, in addition, may be fined not more than one hundred thousand dollars ($100,000).
(h) A violation of subsection (a) with respect to a Schedule VII controlled substance is a Class E felony and, in addition, may be fined not more than one thousand dollars ($1,000).
(i) A violation of subsection (a) with respect to the following amounts of a controlled substance, or conspiracy to violate subsection (a) with respect to such amounts, is a Class B felony and, in addition, may be fined not more than two hundred thousand dollars ($200,000): (1) Fifteen (15) grams or more of any substance containing heroin; (2) Fifteen (15) grams or more of any substance containing morphine; (3) Five (5) grams or more of any substance containing hydromorphone; (4) Five (5) grams or more of any substance containing lysergic acid diethylamide (LSD); (5) Twenty-six (26) grams or more of any substance containing cocaine; (6) Five (5) grams or more of any substance containing a combination of pentazocine and tripelennamine or joint possession of pentazocine and tripelennamine; (7) Thirty (30) grams or more of any substance containing phencyclidine; (8) One hundred (100) grams or more of any substance containing a derivative of barbituric acid or any of the salts of a derivative of barbituric acid; (9) Fifty (50) grams or more of any substance containing phenmetrazine; (10) Twenty-six (26) grams or more of any substance containing amphetamine or methamphetamine or any salt of an optical isomer of amphetamine or methamphetamine; (11) One thousand (1,000) grams or more of any substance containing peyote; (12) Fifteen (15) grams or more of any substance containing fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or any fentanyl derivative or analogue under § 39-17-406(b)(48) ; (13) Two hundred (200) grams or more of any substance containing a controlled substance classified in Schedule I or II not listed in subdivisions (i)(1)-(12); or (14) Not less than seventy pounds (70 lbs.) (31,697 grams) nor more than three hundred pounds (300 lbs.) (136,050 grams) of any substance containing marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than eight pounds (8 lbs.), one gram (3621 grams) nor more than fifteen pounds (15 lbs.) (6,792 grams) of any substance containing hashish, or not less than one hundred (100) marijuana plants nor more than four hundred ninety-nine (499) marijuana plants, regardless of weight.
(1) Fifteen (15) grams or more of any substance containing heroin;
(2) Fifteen (15) grams or more of any substance containing morphine;
(3) Five (5) grams or more of any substance containing hydromorphone;
(4) Five (5) grams or more of any substance containing lysergic acid diethylamide (LSD);
(5) Twenty-six (26) grams or more of any substance containing cocaine;
(6) Five (5) grams or more of any substance containing a combination of pentazocine and tripelennamine or joint possession of pentazocine and tripelennamine;
(7) Thirty (30) grams or more of any substance containing phencyclidine;
(8) One hundred (100) grams or more of any substance containing a derivative of barbituric acid or any of the salts of a derivative of barbituric acid;
(9) Fifty (50) grams or more of any substance containing phenmetrazine;
(10) Twenty-six (26) grams or more of any substance containing amphetamine or methamphetamine or any salt of an optical isomer of amphetamine or methamphetamine;
(11) One thousand (1,000) grams or more of any substance containing peyote;
(12) Fifteen (15) grams or more of any substance containing fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or any fentanyl derivative or analogue under § 39-17-406(b)(48) ;
(13) Two hundred (200) grams or more of any substance containing a controlled substance classified in Schedule I or II not listed in subdivisions (i)(1)-(12); or
(14) Not less than seventy pounds (70 lbs.) (31,697 grams) nor more than three hundred pounds (300 lbs.) (136,050 grams) of any substance containing marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than eight pounds (8 lbs.), one gram (3621 grams) nor more than fifteen pounds (15 lbs.) (6,792 grams) of any substance containing hashish, or not less than one hundred (100) marijuana plants nor more than four hundred ninety-nine (499) marijuana plants, regardless of weight.
(j) A violation of subsection (a) with respect to the following amounts of a controlled substance, or conspiracy to violate subsection (a) with respect to such amounts is a Class A felony and, in addition, may be fined not more than five hundred thousand dollars ($500,000): (1) One hundred fifty (150) grams or more of any substance containing heroin; (2) One hundred fifty (150) grams or more of any substance containing morphine; (3) Fifty (50) grams or more of any substance containing hydromorphone; (4) Fifty (50) grams or more of any substance containing lysergic acid diethylamide (LSD); (5) Three hundred (300) grams or more of any substance containing cocaine; (6) Fifty (50) grams or more of any substance containing a combination of pentazocine and tripelennamine or joint possession of pentazocine and tripelennamine; (7) Three hundred (300) grams or more of any substance containing phencyclidine; (8) One thousand (1,000) grams or more of any substance containing a derivative of barbituric acid or any of the salts of a derivative of barbituric acid; (9) Five hundred (500) grams or more of any substance containing phenmetrazine; (10) Three hundred (300) grams or more of any substance containing amphetamine or methamphetamine or any salt of an optical isomer of amphetamine or methamphetamine; (11) Ten thousand (10,000) grams or more of any substance containing peyote; (12) One hundred fifty (150) grams or more of any substance containing fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or any fentanyl derivative or analogue under § 39-17-406(b)(48) ; (13) Two thousand (2,000) grams or more of any substance containing a controlled substance classified in Schedule I or II not listed in subdivisions (i)(1)-(12); or (14) Three hundred pounds (300 lbs.) (136,050 grams) or more of any substance containing marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than fifteen pounds (15 lbs.), one gram (6,793 grams) of any substance containing hashish, or five hundred (500) or more marijuana plants, regardless of weight.
(1) One hundred fifty (150) grams or more of any substance containing heroin;
(2) One hundred fifty (150) grams or more of any substance containing morphine;
(3) Fifty (50) grams or more of any substance containing hydromorphone;
(4) Fifty (50) grams or more of any substance containing lysergic acid diethylamide (LSD);
(5) Three hundred (300) grams or more of any substance containing cocaine;
(6) Fifty (50) grams or more of any substance containing a combination of pentazocine and tripelennamine or joint possession of pentazocine and tripelennamine;
(7) Three hundred (300) grams or more of any substance containing phencyclidine;
(8) One thousand (1,000) grams or more of any substance containing a derivative of barbituric acid or any of the salts of a derivative of barbituric acid;
(9) Five hundred (500) grams or more of any substance containing phenmetrazine;
(10) Three hundred (300) grams or more of any substance containing amphetamine or methamphetamine or any salt of an optical isomer of amphetamine or methamphetamine;
(11) Ten thousand (10,000) grams or more of any substance containing peyote;
(12) One hundred fifty (150) grams or more of any substance containing fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or any fentanyl derivative or analogue under § 39-17-406(b)(48) ;
(13) Two thousand (2,000) grams or more of any substance containing a controlled substance classified in Schedule I or II not listed in subdivisions (i)(1)-(12); or
(14) Three hundred pounds (300 lbs.) (136,050 grams) or more of any substance containing marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than fifteen pounds (15 lbs.), one gram (6,793 grams) of any substance containing hashish, or five hundred (500) or more marijuana plants, regardless of weight.
(k) (1) A violation of this section or a conspiracy to violate this section where the recipient or the intended recipient of the controlled substance is under eighteen (18) years of age shall be punished one (1) classification higher than provided in subsections (b)-(i). (2) A violation of this section or a conspiracy to violate this section shall be punished pursuant to § 39-13-210 if the substance involved is fentanyl or carfentanyl, or any analogue or derivative thereof, either alone or in combination with any substance scheduled as a controlled substance by the Tennessee Drug Control Act of 1989, compiled in this part and title 53, chapter 11, parts 3 and 4, including controlled substance analogues, and the violation resulted in the death of another person.
(1) A violation of this section or a conspiracy to violate this section where the recipient or the intended recipient of the controlled substance is under eighteen (18) years of age shall be punished one (1) classification higher than provided in subsections (b)-(i).
(2) A violation of this section or a conspiracy to violate this section shall be punished pursuant to § 39-13-210 if the substance involved is fentanyl or carfentanyl, or any analogue or derivative thereof, either alone or in combination with any substance scheduled as a controlled substance by the Tennessee Drug Control Act of 1989, compiled in this part and title 53, chapter 11, parts 3 and 4, including controlled substance analogues, and the violation resulted in the death of another person.
(l) (1) If the district attorney general believes that a defendant should be sentenced as a habitual drug offender, the district attorney general shall file notice of the defendant's record of prior convictions for violations specified in this subsection ( l ) in conformity with § 40-35-202 . (2) The trial court, upon the request of the district attorney general, shall enter injunctions, restraining orders, directions or prohibitions, or take other actions, including the acceptance of satisfactory performance bonds, liens on real property, security interests in personal property, for the purpose of collecting any fine imposed pursuant to this entire section. (3) Any person found guilty of a violation of this section that constitutes a Class A or Class B felony or attempts to commit a Class A or Class B violation of this section or conspiracy to commit a Class A or Class B violation of this section and who has at least three (3) prior Class A or Class B felony convictions or any combination thereof under this section or § 39-6-417 [repealed] or under the laws of any other state or jurisdiction, which if committed in this state would have constituted a Class A or Class B felony violation under this section or § 39-6-417 [repealed]; provided, that the prior convictions were for violations committed at different times and on separate occasions at least twenty-four (24) hours apart, shall be found to be an habitual drug offender and shall be sentenced to one range of punishment higher than the range of punishment otherwise provided for in § 40-35-105 , and, in addition, shall be fined not more than two hundred thousand dollars ($200,000).
(1) If the district attorney general believes that a defendant should be sentenced as a habitual drug offender, the district attorney general shall file notice of the defendant's record of prior convictions for violations specified in this subsection ( l ) in conformity with § 40-35-202 .
(2) The trial court, upon the request of the district attorney general, shall enter injunctions, restraining orders, directions or prohibitions, or take other actions, including the acceptance of satisfactory performance bonds, liens on real property, security interests in personal property, for the purpose of collecting any fine imposed pursuant to this entire section.
(3) Any person found guilty of a violation of this section that constitutes a Class A or Class B felony or attempts to commit a Class A or Class B violation of this section or conspiracy to commit a Class A or Class B violation of this section and who has at least three (3) prior Class A or Class B felony convictions or any combination thereof under this section or § 39-6-417 [repealed] or under the laws of any other state or jurisdiction, which if committed in this state would have constituted a Class A or Class B felony violation under this section or § 39-6-417 [repealed]; provided, that the prior convictions were for violations committed at different times and on separate occasions at least twenty-four (24) hours apart, shall be found to be an habitual drug offender and shall be sentenced to one range of punishment higher than the range of punishment otherwise provided for in § 40-35-105 , and, in addition, shall be fined not more than two hundred thousand dollars ($200,000).
(m) The offense described in subdivision (a)(1) with respect to any substance defined in § 39-17-408(d)(2) shall include the preparation or compounding of a controlled substance by an individual for the individual's own use.
(n) (1) A violation of subdivision (a)(1) with respect to any amount of methamphetamine shall be punished by confinement for not less than one hundred eighty (180) days, and the person shall serve at least one hundred percent (100%) of the one hundred eighty (180) day minimum. (2) (A) The one hundred eighty (180) day minimum sentence required by subdivision (n)(1) shall not be construed to prohibit a person sentenced pursuant to this subsection (n) from participating in a drug or recovery court that is certified by the department of mental health and substance abuse services. (B) Any person participating in such a court may receive sentence credit for up to the full one hundred eighty (180) day minimum required by subdivision (n)(1).
(1) A violation of subdivision (a)(1) with respect to any amount of methamphetamine shall be punished by confinement for not less than one hundred eighty (180) days, and the person shall serve at least one hundred percent (100%) of the one hundred eighty (180) day minimum.
(2) (A) The one hundred eighty (180) day minimum sentence required by subdivision (n)(1) shall not be construed to prohibit a person sentenced pursuant to this subsection (n) from participating in a drug or recovery court that is certified by the department of mental health and substance abuse services. (B) Any person participating in such a court may receive sentence credit for up to the full one hundred eighty (180) day minimum required by subdivision (n)(1).
(A) The one hundred eighty (180) day minimum sentence required by subdivision (n)(1) shall not be construed to prohibit a person sentenced pursuant to this subsection (n) from participating in a drug or recovery court that is certified by the department of mental health and substance abuse services.
(B) Any person participating in such a court may receive sentence credit for up to the full one hundred eighty (180) day minimum required by subdivision (n)(1).
Amended by 2024 Tenn. Acts, ch. 957,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 386, s 3, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 386, s 2, eff. 7/1/2023.
Amended by 2019 Tenn. Acts, ch. 201, Secs.s 1, s 2, s 3 eff. 4/25/2019.
Amended by 2014 Tenn. Acts, ch. 970,s 1, eff. 7/1/2014.
Acts 1989, ch. 591, § 1; 1990, ch. 991, § 1; 1990, ch. 1030, § 30; 1992, ch. 700, §§ 4, 5; 1992, ch. 878, § 4; 1994, ch. 703, § 1; 1996, ch. 928, §§ 1-3; 1997 , ch. 107, § 3; 1998, ch. 1079, §§ 1, 3, 4, 6, 7; 2003 , ch. 331, § 1; 2004, ch. 845, §§ 1 - 3; 2005, ch. 18, § 15; 2005, ch. 322, § 1; 2012 , ch. 852, § 1.
Tenn. Code Ann. § 39-14-302 — TN Code / Title 39 / Chapter 14 / Section 39-14-302
Aggravated arson
Status: in_force

(a) A person commits aggravated arson who commits arson as defined in § 39-14-301 or § 39-14-303 : (1) When one (1) or more persons are present therein; or (2) When any person, including firefighters and law enforcement officials, suffers serious bodily injury as a result of the fire or explosion. (b) Aggravated arson is a Class A felony. Acts 1989, ch. 591, § 1; 1997, ch. 284, § 2; 2005, ch. 353, § 15.
(a) A person commits aggravated arson who commits arson as defined in § 39-14-301 or § 39-14-303 : (1) When one (1) or more persons are present therein; or (2) When any person, including firefighters and law enforcement officials, suffers serious bodily injury as a result of the fire or explosion.
(1) When one (1) or more persons are present therein; or
(2) When any person, including firefighters and law enforcement officials, suffers serious bodily injury as a result of the fire or explosion.
(b) Aggravated arson is a Class A felony.
Acts 1989, ch. 591, § 1; 1997, ch. 284, § 2; 2005, ch. 353, § 15.
Tenn. Code Ann. § 39-13-202 — TN Code / Title 39 / Chapter 13 / Section 39-13-202
First degree murder
Status: in_force

(a) First degree murder is: (1) A premeditated and intentional killing of another; (2) A killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, arson, robbery, burglary, theft, kidnapping, aggravated abuse of an elderly or vulnerable adult in violation of § 39-15-511 , aggravated neglect of an elderly or vulnerable adult in violation of § 39-15-508 , aggravated child abuse, aggravated child neglect, or aircraft piracy; (3) A killing of another committed as the result of the unlawful throwing, placing, or discharging of a destructive device or bomb; (4) A killing of another in the perpetration or attempted perpetration of an act of terrorism in violation of § 39-13-805 ; or (5) A killing of another in the perpetration or attempted perpetration of an aggravated rape, rape, rape of a child, or aggravated rape of child. (b) No culpable mental state is required for conviction under subdivisions (a)(2)-(5), except the intent to commit the enumerated offenses or acts in those subdivisions. (c) (1) Except as provided in subdivision (c)(2), a person convicted of first degree murder under subdivisions (a)(1)-(5) shall be punished by: (A) Death; (B) Imprisonment for life without possibility of parole; or (C) Imprisonment for life. (2) If a person convicted of first degree murder under subdivisions (a)(4) and (5) was an adult at the time of commission of the offense, then the person shall be punished by: (A) Death; or (B) Imprisonment for life without possibility of parole. (d) Notwithstanding § 39-12-107 , a person convicted of attempted first degree murder may be sentenced to imprisonment for life without possibility of parole if the court finds the person committed the offense against any law enforcement officer, correctional officer, department of correction 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 person knew or reasonably should have known that the victim was a law enforcement officer, correctional officer, department of correction employee, probation and parole officer, emergency medical or rescue worker, emergency medical technician, paramedic, or firefighter engaged in the performance of official duties. (e) As used in subdivision (a)(1), "premeditation" is an act done after the exercise of reflection and judgment. "Premeditation" means that the intent to kill must have been formed prior to the act itself. It is not necessary that the purpose to kill preexist in the mind of the accused for any definite period of time. The mental state of the accused at the time the accused allegedly decided to kill must be carefully considered in order to determine whether the accused was sufficiently free from excitement and passion as to be capable of premeditation. Amended by 2022 Tenn. Acts, ch. 718, Secs.s2, s3, s4 eff. 7/1/2022. Amended by 2022 Tenn. Acts, ch. 718, s 1, eff. 7/1/2022. Amended by 2021 Tenn. Acts, ch. 528, s 1, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 500, s 2, eff. 10/1/2021. Amended by 2021 Tenn. Acts, ch. 528, Secs.s2, s3, s4 eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 394, s 1, eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 1050, s 6, eff. 1/1/2019. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 15; 1991, ch. 377, § 2; 1993, ch. 338, § 1; 1993, ch. 473, § 1; 1994, ch. 883, § 1; 1995, ch. 460, § 1; 1998, ch. 1040, § 3; 2002, ch. 849, § 2a; 2007 , ch. 158, § 2.
(a) First degree murder is: (1) A premeditated and intentional killing of another; (2) A killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, arson, robbery, burglary, theft, kidnapping, aggravated abuse of an elderly or vulnerable adult in violation of § 39-15-511 , aggravated neglect of an elderly or vulnerable adult in violation of § 39-15-508 , aggravated child abuse, aggravated child neglect, or aircraft piracy; (3) A killing of another committed as the result of the unlawful throwing, placing, or discharging of a destructive device or bomb; (4) A killing of another in the perpetration or attempted perpetration of an act of terrorism in violation of § 39-13-805 ; or (5) A killing of another in the perpetration or attempted perpetration of an aggravated rape, rape, rape of a child, or aggravated rape of child.
(1) A premeditated and intentional killing of another;
(2) A killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, arson, robbery, burglary, theft, kidnapping, aggravated abuse of an elderly or vulnerable adult in violation of § 39-15-511 , aggravated neglect of an elderly or vulnerable adult in violation of § 39-15-508 , aggravated child abuse, aggravated child neglect, or aircraft piracy;
(3) A killing of another committed as the result of the unlawful throwing, placing, or discharging of a destructive device or bomb;
(4) A killing of another in the perpetration or attempted perpetration of an act of terrorism in violation of § 39-13-805 ; or
(5) A killing of another in the perpetration or attempted perpetration of an aggravated rape, rape, rape of a child, or aggravated rape of child.
(b) No culpable mental state is required for conviction under subdivisions (a)(2)-(5), except the intent to commit the enumerated offenses or acts in those subdivisions.
(c) (1) Except as provided in subdivision (c)(2), a person convicted of first degree murder under subdivisions (a)(1)-(5) shall be punished by: (A) Death; (B) Imprisonment for life without possibility of parole; or (C) Imprisonment for life. (2) If a person convicted of first degree murder under subdivisions (a)(4) and (5) was an adult at the time of commission of the offense, then the person shall be punished by: (A) Death; or (B) Imprisonment for life without possibility of parole.
(1) Except as provided in subdivision (c)(2), a person convicted of first degree murder under subdivisions (a)(1)-(5) shall be punished by: (A) Death; (B) Imprisonment for life without possibility of parole; or (C) Imprisonment for life.
(A) Death;
(B) Imprisonment for life without possibility of parole; or
(C) Imprisonment for life.
(2) If a person convicted of first degree murder under subdivisions (a)(4) and (5) was an adult at the time of commission of the offense, then the person shall be punished by: (A) Death; or (B) Imprisonment for life without possibility of parole.
(A) Death; or
(B) Imprisonment for life without possibility of parole.
(d) Notwithstanding § 39-12-107 , a person convicted of attempted first degree murder may be sentenced to imprisonment for life without possibility of parole if the court finds the person committed the offense against any law enforcement officer, correctional officer, department of correction 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 person knew or reasonably should have known that the victim was a law enforcement officer, correctional officer, department of correction employee, probation and parole officer, emergency medical or rescue worker, emergency medical technician, paramedic, or firefighter engaged in the performance of official duties.
(e) As used in subdivision (a)(1), "premeditation" is an act done after the exercise of reflection and judgment. "Premeditation" means that the intent to kill must have been formed prior to the act itself. It is not necessary that the purpose to kill preexist in the mind of the accused for any definite period of time. The mental state of the accused at the time the accused allegedly decided to kill must be carefully considered in order to determine whether the accused was sufficiently free from excitement and passion as to be capable of premeditation.
Amended by 2022 Tenn. Acts, ch. 718, Secs.s2, s3, s4 eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 718, s 1, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 528, s 1, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 500, s 2, eff. 10/1/2021.
Amended by 2021 Tenn. Acts, ch. 528, Secs.s2, s3, s4 eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 394, s 1, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 1050, s 6, eff. 1/1/2019.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 15; 1991, ch. 377, § 2; 1993, ch. 338, § 1; 1993, ch. 473, § 1; 1994, ch. 883, § 1; 1995, ch. 460, § 1; 1998, ch. 1040, § 3; 2002, ch. 849, § 2a; 2007 , ch. 158, § 2.
Tenn. Code Ann. § 39-14-127 — TN Code / Title 39 / Chapter 14 / Section 39-14-127
Deceptive business practices
Status: in_force

(a) A person commits an offense who, with intent to deceive, in the course of business: (1) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; (2) Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service; (3) Takes or tends to take more than the represented quantity of any commodity or service when as buyer the person furnished the weight or measure; (4) Sells, offers or exposes for sale adulterated or mislabeled commodities; (A) "Adulterated" means varying from the standard of composition or quality prescribed by or pursuant to any statute providing criminal penalties for such variance or set by established commercial usage; and (B) "Mislabeled" means varying from the standard of disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for such variance or set by established commercial usage; (5) Makes a false or misleading statement in any advertisements addressed to the public or to a substantial segment thereof for the purposes of promoting the purchase or sale of property or services; (6) Makes false or deceptive representations in any advertisement or solicitation for services or products that those services or products have sponsorship, approval, affiliation or connection with a bank, savings and loan association, savings bank or subsidiary or affiliate thereof; (7) Uses the trade name or trademark, or a confusingly similar trade name or trademark, of any bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary in a solicitation for the offering of services or products if such use is likely to cause confusion, mistake or deception as to the source of origin, affiliation or sponsorship of such products or services; or, uses the trade name or trademark, or confusingly similar trade name or trademark, of any bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary in any manner in a solicitation for the offering of services or products unless the solicitation clearly and conspicuously states the following in bold-face type on the front page of the solicitation: (A) The name, address and telephone number of the person making the solicitation; (B) A statement that the person making the solicitation is not affiliated with the bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary; and (C) A statement that the solicitation is not authorized or sponsored by the bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary; or (8) Uses the trade name or trademark, or a confusingly similar trade name or trademark of any place of entertainment, or the name of any event, person, or entity scheduled to perform at a place of entertainment in the domain of a ticket marketplace URL. It is not a violation of this subdivision (a)(8) if the ticket marketplace obtained written authorization from the place of entertainment, event, person, or entity scheduled to perform at a place of entertainment to use the trade name, trademark, or name in the domain of the URL prior to the use. For purposes of this subdivision (a)(8): (A) "Domain" means the portion of text in a URL that is to the left of the top-level domains such as .com, .net, or .org; (B) "Place of entertainment" means an entertainment facility in this state, such as a theater, stadium, museum, arena, amphitheater, racetrack, or other place where performances, concerts, exhibits, games, athletic events, or contests are held; (C) "Ticket" means a printed, electronic, or other type of evidence of the right, option, or opportunity to occupy space at, to enter, or to attend a place of entertainment, even if not evidenced by any physical manifestation of the right, option, or opportunity; and (D) "Ticket marketplace" means a website that provides a forum for or facilitates the buying and selling, or reselling, of a ticket. (9) Uses or displays any combination of text, images, website graphics, website display, or website addresses that are substantially similar to the website of an operator with the intent to mislead a potential purchaser, without written authorization. For purposes of this subdivision (a)(9): (A) "Operator" means an individual, firm, corporation, or other entity, or an agent of such individual, firm, corporation, or other entity that: (i) Owns, operates, or controls a place of entertainment or that promotes or produces a performance, concert, exhibit, game, athletic event, or contest; and (ii) Offers for sale a first sale ticket to the place of entertainment or performance, concert, exhibit, game, athletic event, or contest; and (B) "Place of entertainment" means an entertainment facility in this state, such as a theater, stadium, museum, arena, amphitheater, racetrack, or other place where performances, concerts, exhibits, games, athletic events, or contests are held. (b) "Commodity," as used in this section, means any tangible or intangible personal property. (c) Deceptive business practices is a Class B misdemeanor. Amended by 2023 Tenn. Acts, ch. 474, s 2, eff. 7/1/2023. Amended by 2018 Tenn. Acts, ch. 930, s 1, eff. 5/15/2018. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 21; 2003 , ch. 31, §§ 1-3; 2011 , ch. 89, § 1.
(a) A person commits an offense who, with intent to deceive, in the course of business: (1) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; (2) Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service; (3) Takes or tends to take more than the represented quantity of any commodity or service when as buyer the person furnished the weight or measure; (4) Sells, offers or exposes for sale adulterated or mislabeled commodities; (A) "Adulterated" means varying from the standard of composition or quality prescribed by or pursuant to any statute providing criminal penalties for such variance or set by established commercial usage; and (B) "Mislabeled" means varying from the standard of disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for such variance or set by established commercial usage; (5) Makes a false or misleading statement in any advertisements addressed to the public or to a substantial segment thereof for the purposes of promoting the purchase or sale of property or services; (6) Makes false or deceptive representations in any advertisement or solicitation for services or products that those services or products have sponsorship, approval, affiliation or connection with a bank, savings and loan association, savings bank or subsidiary or affiliate thereof; (7) Uses the trade name or trademark, or a confusingly similar trade name or trademark, of any bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary in a solicitation for the offering of services or products if such use is likely to cause confusion, mistake or deception as to the source of origin, affiliation or sponsorship of such products or services; or, uses the trade name or trademark, or confusingly similar trade name or trademark, of any bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary in any manner in a solicitation for the offering of services or products unless the solicitation clearly and conspicuously states the following in bold-face type on the front page of the solicitation: (A) The name, address and telephone number of the person making the solicitation; (B) A statement that the person making the solicitation is not affiliated with the bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary; and (C) A statement that the solicitation is not authorized or sponsored by the bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary; or (8) Uses the trade name or trademark, or a confusingly similar trade name or trademark of any place of entertainment, or the name of any event, person, or entity scheduled to perform at a place of entertainment in the domain of a ticket marketplace URL. It is not a violation of this subdivision (a)(8) if the ticket marketplace obtained written authorization from the place of entertainment, event, person, or entity scheduled to perform at a place of entertainment to use the trade name, trademark, or name in the domain of the URL prior to the use. For purposes of this subdivision (a)(8): (A) "Domain" means the portion of text in a URL that is to the left of the top-level domains such as .com, .net, or .org; (B) "Place of entertainment" means an entertainment facility in this state, such as a theater, stadium, museum, arena, amphitheater, racetrack, or other place where performances, concerts, exhibits, games, athletic events, or contests are held; (C) "Ticket" means a printed, electronic, or other type of evidence of the right, option, or opportunity to occupy space at, to enter, or to attend a place of entertainment, even if not evidenced by any physical manifestation of the right, option, or opportunity; and (D) "Ticket marketplace" means a website that provides a forum for or facilitates the buying and selling, or reselling, of a ticket. (9) Uses or displays any combination of text, images, website graphics, website display, or website addresses that are substantially similar to the website of an operator with the intent to mislead a potential purchaser, without written authorization. For purposes of this subdivision (a)(9): (A) "Operator" means an individual, firm, corporation, or other entity, or an agent of such individual, firm, corporation, or other entity that: (i) Owns, operates, or controls a place of entertainment or that promotes or produces a performance, concert, exhibit, game, athletic event, or contest; and (ii) Offers for sale a first sale ticket to the place of entertainment or performance, concert, exhibit, game, athletic event, or contest; and (B) "Place of entertainment" means an entertainment facility in this state, such as a theater, stadium, museum, arena, amphitheater, racetrack, or other place where performances, concerts, exhibits, games, athletic events, or contests are held.
(1) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;
(2) Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service;
(3) Takes or tends to take more than the represented quantity of any commodity or service when as buyer the person furnished the weight or measure;
(4) Sells, offers or exposes for sale adulterated or mislabeled commodities; (A) "Adulterated" means varying from the standard of composition or quality prescribed by or pursuant to any statute providing criminal penalties for such variance or set by established commercial usage; and (B) "Mislabeled" means varying from the standard of disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for such variance or set by established commercial usage;
(A) "Adulterated" means varying from the standard of composition or quality prescribed by or pursuant to any statute providing criminal penalties for such variance or set by established commercial usage; and
(B) "Mislabeled" means varying from the standard of disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for such variance or set by established commercial usage;
(5) Makes a false or misleading statement in any advertisements addressed to the public or to a substantial segment thereof for the purposes of promoting the purchase or sale of property or services;
(6) Makes false or deceptive representations in any advertisement or solicitation for services or products that those services or products have sponsorship, approval, affiliation or connection with a bank, savings and loan association, savings bank or subsidiary or affiliate thereof;
(7) Uses the trade name or trademark, or a confusingly similar trade name or trademark, of any bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary in a solicitation for the offering of services or products if such use is likely to cause confusion, mistake or deception as to the source of origin, affiliation or sponsorship of such products or services; or, uses the trade name or trademark, or confusingly similar trade name or trademark, of any bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary in any manner in a solicitation for the offering of services or products unless the solicitation clearly and conspicuously states the following in bold-face type on the front page of the solicitation: (A) The name, address and telephone number of the person making the solicitation; (B) A statement that the person making the solicitation is not affiliated with the bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary; and (C) A statement that the solicitation is not authorized or sponsored by the bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary; or
(A) The name, address and telephone number of the person making the solicitation;
(B) A statement that the person making the solicitation is not affiliated with the bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary; and
(C) A statement that the solicitation is not authorized or sponsored by the bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary; or
(8) Uses the trade name or trademark, or a confusingly similar trade name or trademark of any place of entertainment, or the name of any event, person, or entity scheduled to perform at a place of entertainment in the domain of a ticket marketplace URL. It is not a violation of this subdivision (a)(8) if the ticket marketplace obtained written authorization from the place of entertainment, event, person, or entity scheduled to perform at a place of entertainment to use the trade name, trademark, or name in the domain of the URL prior to the use. For purposes of this subdivision (a)(8): (A) "Domain" means the portion of text in a URL that is to the left of the top-level domains such as .com, .net, or .org; (B) "Place of entertainment" means an entertainment facility in this state, such as a theater, stadium, museum, arena, amphitheater, racetrack, or other place where performances, concerts, exhibits, games, athletic events, or contests are held; (C) "Ticket" means a printed, electronic, or other type of evidence of the right, option, or opportunity to occupy space at, to enter, or to attend a place of entertainment, even if not evidenced by any physical manifestation of the right, option, or opportunity; and (D) "Ticket marketplace" means a website that provides a forum for or facilitates the buying and selling, or reselling, of a ticket.
(A) "Domain" means the portion of text in a URL that is to the left of the top-level domains such as .com, .net, or .org;
(B) "Place of entertainment" means an entertainment facility in this state, such as a theater, stadium, museum, arena, amphitheater, racetrack, or other place where performances, concerts, exhibits, games, athletic events, or contests are held;
(C) "Ticket" means a printed, electronic, or other type of evidence of the right, option, or opportunity to occupy space at, to enter, or to attend a place of entertainment, even if not evidenced by any physical manifestation of the right, option, or opportunity; and
(D) "Ticket marketplace" means a website that provides a forum for or facilitates the buying and selling, or reselling, of a ticket.
(9) Uses or displays any combination of text, images, website graphics, website display, or website addresses that are substantially similar to the website of an operator with the intent to mislead a potential purchaser, without written authorization. For purposes of this subdivision (a)(9): (A) "Operator" means an individual, firm, corporation, or other entity, or an agent of such individual, firm, corporation, or other entity that: (i) Owns, operates, or controls a place of entertainment or that promotes or produces a performance, concert, exhibit, game, athletic event, or contest; and (ii) Offers for sale a first sale ticket to the place of entertainment or performance, concert, exhibit, game, athletic event, or contest; and (B) "Place of entertainment" means an entertainment facility in this state, such as a theater, stadium, museum, arena, amphitheater, racetrack, or other place where performances, concerts, exhibits, games, athletic events, or contests are held.
(A) "Operator" means an individual, firm, corporation, or other entity, or an agent of such individual, firm, corporation, or other entity that: (i) Owns, operates, or controls a place of entertainment or that promotes or produces a performance, concert, exhibit, game, athletic event, or contest; and (ii) Offers for sale a first sale ticket to the place of entertainment or performance, concert, exhibit, game, athletic event, or contest; and
(i) Owns, operates, or controls a place of entertainment or that promotes or produces a performance, concert, exhibit, game, athletic event, or contest; and
(ii) Offers for sale a first sale ticket to the place of entertainment or performance, concert, exhibit, game, athletic event, or contest; and
(B) "Place of entertainment" means an entertainment facility in this state, such as a theater, stadium, museum, arena, amphitheater, racetrack, or other place where performances, concerts, exhibits, games, athletic events, or contests are held.
(b) "Commodity," as used in this section, means any tangible or intangible personal property.
(c) Deceptive business practices is a Class B misdemeanor.
Amended by 2023 Tenn. Acts, ch. 474, s 2, eff. 7/1/2023.
Amended by 2018 Tenn. Acts, ch. 930, s 1, eff. 5/15/2018.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 21; 2003 , ch. 31, §§ 1-3; 2011 , ch. 89, § 1.
Tenn. Code Ann. § 39-13-212 — TN Code / Title 39 / Chapter 13 / Section 39-13-212
Criminally negligent homicide
Status: in_force

(a) Criminally negligent conduct that results in death constitutes criminally negligent homicide. (b) Criminally negligent homicide is a Class E felony. Acts 1989, ch. 591, § 1; T.C.A., § 39-13-208 ; Acts 1990, ch. 1038, § 4.
(a) Criminally negligent conduct that results in death constitutes criminally negligent homicide.
(b) Criminally negligent homicide is a Class E felony.
Acts 1989, ch. 591, § 1; T.C.A., § 39-13-208 ; Acts 1990, ch. 1038, § 4.
Tenn. Code Ann. § 39-17-432 — TN Code / Title 39 / Chapter 17 / Section 39-17-432
Drug-Free School Zone - Enhanced criminal penalties for violations within zone
Status: in_force

(a) It is the intent of this section to create drug-free zones for the purpose of providing vulnerable persons in this state an environment in which they can learn, play and enjoy themselves without the distractions and dangers that are incident to the occurrence of illegal drug activities. The enhanced sentences authorized by this section for drug offenses occurring in a drug-free zone are necessary to serve as a deterrent to such unacceptable conduct. (b) (1) A violation of § 39-17-417 , or a conspiracy to violate the section, may be punished one (1) classification higher than is provided in § 39-17-417(b)-(i) if the violation or the conspiracy to violate the section occurs: (A) On the grounds or facilities of any school; or (B) Within five hundred feet (500') of or within the area bounded by a divided federal highway, whichever is less, the real property that comprises a public or private elementary school, middle school, secondary school, preschool, child care agency, public library, recreational center, or park. (2) In addition to any other penalty imposed by this section, a person convicted of violating this subsection (b) may also be subject to the following: (A) Upon conviction of a Class E felony, a fine of not more than ten thousand dollars ($10,000); (B) Upon conviction of a Class D felony, a fine of not more than twenty thousand dollars ($20,000); (C) Upon conviction of a Class C felony, a fine of not more than forty thousand dollars ($40,000); (D) Upon conviction of a Class B felony, a fine of not more than sixty thousand dollars ($60,000); and (E) Upon conviction of a Class A felony, a fine of not more than one hundred thousand dollars ($100,000). (3) A person convicted of violating this subsection (b), who is within the prohibited zone of a preschool, childcare center, public library, recreational center or park shall not be subject to additional incarceration as a result of this subsection (b) but may be subject to the additional fines imposed by this section. (c) (1) Notwithstanding any other law or the sentence imposed by the court to the contrary, a defendant sentenced for a violation of subsection (b) may be required to serve at least the minimum sentence for the defendant's appropriate range of sentence. (2) There is a rebuttable presumption that a defendant is not required to serve at least the minimum sentence for the defendant's appropriate range of sentence. The rebuttable presumption is overcome if the court finds that the defendant's conduct exposed vulnerable persons to the distractions and dangers that are incident to the occurrence of illegal drug activity. (3) If the defendant is required to serve at least the minimum sentence for the defendant's appropriate range of sentence, any sentence reduction credits the defendant may be eligible for or earn must not operate to permit or allow the release of the defendant prior to full service of the minimum sentence. (d) Notwithstanding the sentence imposed by the court, title 40, chapter 35, part 5, relative to release eligibility status and parole does not apply to or authorize the release of a defendant sentenced for a violation of subsection (b), and required under subsection (c) to serve at least the minimum sentence for the defendant's appropriate range of sentence, prior to service of the entire minimum sentence for the defendant's appropriate range of sentence. (e) Nothing in title 41, chapter 1, part 5, shall give either the governor or the board of parole the authority to release or cause the release of a defendant sentenced for a violation of subsection (b), and required under subsection (c) to serve at least the minimum sentence for the defendant's appropriate range of sentence, prior to service of the entire minimum sentence for the defendant's appropriate range of sentence. (f) This section does not prohibit the judge from sentencing a defendant, who violated subsection (b) and is required under subsection (c) to serve at least the minimum sentence for the defendant's appropriate range of sentence, to any authorized term of incarceration in excess of the minimum sentence for the defendant's appropriate range of sentence. (g) The sentence of a defendant who, as the result of a single act, violates both subsection (b) and § 39-14-417(k), may be enhanced under both subsection (b) and § 39-17-417(k) for each act. The state may seek enhancement of the defendant's sentence under subsection (b), § 39-17-417(k), or both, and shall provide notice of the election pursuant to § 40-35-202 . (h) (1) Notwithstanding subsection (d) or (e) or any other law to the contrary, the court that imposed a sentence for an offense committed under this section that occurred prior to September 1, 2020, may, upon motion of the defendant or the district attorney general or the court's own motion, resentence the defendant pursuant to subsections (a)-(g). The court shall hold an evidentiary hearing on the motion, at which the defendant and district attorney general may present evidence. The defendant shall bear the burden of proof to show that the defendant would be sentenced to a shorter period of confinement under this section if the defendant's offense had occurred on or after September 1, 2020. The court shall not resentence the defendant if the new sentence would be greater than the sentence originally imposed or if the court finds that resentencing the defendant would not be in the interests of justice. In determining whether a new sentence would be in the interests of justice, the court may consider: (A) The defendant's criminal record, including subsequent criminal convictions; (B) The defendant's behavior while incarcerated; (C) The circumstances surrounding the offense, including, but not limited to, whether the conviction was entered into pursuant to a plea deal; and (D) Any other factors the court deems relevant. (2) If the court finds that the defendant is indigent, using the criteria set out in § 40-14-202(c) , the court shall appoint counsel to represent the defendant on such a motion. (3) The court shall not entertain a motion made under this subsection (h) to resentence a defendant if: (A) A previous motion made under this subsection (h) to reduce the sentence was denied after a review of the motion on the merits; (B) Resentencing the defendant to a shorter period of confinement for this offense would not reduce the defendant's overall sentence or lead to an earlier release; or (C) The defendant has previously applied to the governor for a grant of executive clemency on or after December 2, 2021, for the same offense and has been denied. (4) This subsection (h) does not require a court to reduce any sentence pursuant to this section. Amended by 2022 Tenn. Acts, ch. 927, s 1, eff. 4/29/2022. Amended by 2020 Tenn. Acts, ch. 803, Secs.s 2, s 3, s 4, s 5, s 6, s 7, s 8, s 9 eff. 9/1/2020. Amended by 2020 Tenn. Acts, ch. 803, s 1, eff. 9/1/2020. Acts 1995, ch. 515, § 1; 1998, ch. 1049, § 16; 2005, ch. 295, §§ 1 - 4.
(a) It is the intent of this section to create drug-free zones for the purpose of providing vulnerable persons in this state an environment in which they can learn, play and enjoy themselves without the distractions and dangers that are incident to the occurrence of illegal drug activities. The enhanced sentences authorized by this section for drug offenses occurring in a drug-free zone are necessary to serve as a deterrent to such unacceptable conduct.
(b) (1) A violation of § 39-17-417 , or a conspiracy to violate the section, may be punished one (1) classification higher than is provided in § 39-17-417(b)-(i) if the violation or the conspiracy to violate the section occurs: (A) On the grounds or facilities of any school; or (B) Within five hundred feet (500') of or within the area bounded by a divided federal highway, whichever is less, the real property that comprises a public or private elementary school, middle school, secondary school, preschool, child care agency, public library, recreational center, or park. (2) In addition to any other penalty imposed by this section, a person convicted of violating this subsection (b) may also be subject to the following: (A) Upon conviction of a Class E felony, a fine of not more than ten thousand dollars ($10,000); (B) Upon conviction of a Class D felony, a fine of not more than twenty thousand dollars ($20,000); (C) Upon conviction of a Class C felony, a fine of not more than forty thousand dollars ($40,000); (D) Upon conviction of a Class B felony, a fine of not more than sixty thousand dollars ($60,000); and (E) Upon conviction of a Class A felony, a fine of not more than one hundred thousand dollars ($100,000). (3) A person convicted of violating this subsection (b), who is within the prohibited zone of a preschool, childcare center, public library, recreational center or park shall not be subject to additional incarceration as a result of this subsection (b) but may be subject to the additional fines imposed by this section.
(1) A violation of § 39-17-417 , or a conspiracy to violate the section, may be punished one (1) classification higher than is provided in § 39-17-417(b)-(i) if the violation or the conspiracy to violate the section occurs: (A) On the grounds or facilities of any school; or (B) Within five hundred feet (500') of or within the area bounded by a divided federal highway, whichever is less, the real property that comprises a public or private elementary school, middle school, secondary school, preschool, child care agency, public library, recreational center, or park.
(A) On the grounds or facilities of any school; or
(B) Within five hundred feet (500') of or within the area bounded by a divided federal highway, whichever is less, the real property that comprises a public or private elementary school, middle school, secondary school, preschool, child care agency, public library, recreational center, or park.
(2) In addition to any other penalty imposed by this section, a person convicted of violating this subsection (b) may also be subject to the following: (A) Upon conviction of a Class E felony, a fine of not more than ten thousand dollars ($10,000); (B) Upon conviction of a Class D felony, a fine of not more than twenty thousand dollars ($20,000); (C) Upon conviction of a Class C felony, a fine of not more than forty thousand dollars ($40,000); (D) Upon conviction of a Class B felony, a fine of not more than sixty thousand dollars ($60,000); and (E) Upon conviction of a Class A felony, a fine of not more than one hundred thousand dollars ($100,000).
(A) Upon conviction of a Class E felony, a fine of not more than ten thousand dollars ($10,000);
(B) Upon conviction of a Class D felony, a fine of not more than twenty thousand dollars ($20,000);
(C) Upon conviction of a Class C felony, a fine of not more than forty thousand dollars ($40,000);
(D) Upon conviction of a Class B felony, a fine of not more than sixty thousand dollars ($60,000); and
(E) Upon conviction of a Class A felony, a fine of not more than one hundred thousand dollars ($100,000).
(3) A person convicted of violating this subsection (b), who is within the prohibited zone of a preschool, childcare center, public library, recreational center or park shall not be subject to additional incarceration as a result of this subsection (b) but may be subject to the additional fines imposed by this section.
(c) (1) Notwithstanding any other law or the sentence imposed by the court to the contrary, a defendant sentenced for a violation of subsection (b) may be required to serve at least the minimum sentence for the defendant's appropriate range of sentence. (2) There is a rebuttable presumption that a defendant is not required to serve at least the minimum sentence for the defendant's appropriate range of sentence. The rebuttable presumption is overcome if the court finds that the defendant's conduct exposed vulnerable persons to the distractions and dangers that are incident to the occurrence of illegal drug activity. (3) If the defendant is required to serve at least the minimum sentence for the defendant's appropriate range of sentence, any sentence reduction credits the defendant may be eligible for or earn must not operate to permit or allow the release of the defendant prior to full service of the minimum sentence.
(1) Notwithstanding any other law or the sentence imposed by the court to the contrary, a defendant sentenced for a violation of subsection (b) may be required to serve at least the minimum sentence for the defendant's appropriate range of sentence.
(2) There is a rebuttable presumption that a defendant is not required to serve at least the minimum sentence for the defendant's appropriate range of sentence. The rebuttable presumption is overcome if the court finds that the defendant's conduct exposed vulnerable persons to the distractions and dangers that are incident to the occurrence of illegal drug activity.
(3) If the defendant is required to serve at least the minimum sentence for the defendant's appropriate range of sentence, any sentence reduction credits the defendant may be eligible for or earn must not operate to permit or allow the release of the defendant prior to full service of the minimum sentence.
(d) Notwithstanding the sentence imposed by the court, title 40, chapter 35, part 5, relative to release eligibility status and parole does not apply to or authorize the release of a defendant sentenced for a violation of subsection (b), and required under subsection (c) to serve at least the minimum sentence for the defendant's appropriate range of sentence, prior to service of the entire minimum sentence for the defendant's appropriate range of sentence.
(e) Nothing in title 41, chapter 1, part 5, shall give either the governor or the board of parole the authority to release or cause the release of a defendant sentenced for a violation of subsection (b), and required under subsection (c) to serve at least the minimum sentence for the defendant's appropriate range of sentence, prior to service of the entire minimum sentence for the defendant's appropriate range of sentence.
(f) This section does not prohibit the judge from sentencing a defendant, who violated subsection (b) and is required under subsection (c) to serve at least the minimum sentence for the defendant's appropriate range of sentence, to any authorized term of incarceration in excess of the minimum sentence for the defendant's appropriate range of sentence.
(g) The sentence of a defendant who, as the result of a single act, violates both subsection (b) and § 39-14-417(k), may be enhanced under both subsection (b) and § 39-17-417(k) for each act. The state may seek enhancement of the defendant's sentence under subsection (b), § 39-17-417(k), or both, and shall provide notice of the election pursuant to § 40-35-202 .
(h) (1) Notwithstanding subsection (d) or (e) or any other law to the contrary, the court that imposed a sentence for an offense committed under this section that occurred prior to September 1, 2020, may, upon motion of the defendant or the district attorney general or the court's own motion, resentence the defendant pursuant to subsections (a)-(g). The court shall hold an evidentiary hearing on the motion, at which the defendant and district attorney general may present evidence. The defendant shall bear the burden of proof to show that the defendant would be sentenced to a shorter period of confinement under this section if the defendant's offense had occurred on or after September 1, 2020. The court shall not resentence the defendant if the new sentence would be greater than the sentence originally imposed or if the court finds that resentencing the defendant would not be in the interests of justice. In determining whether a new sentence would be in the interests of justice, the court may consider: (A) The defendant's criminal record, including subsequent criminal convictions; (B) The defendant's behavior while incarcerated; (C) The circumstances surrounding the offense, including, but not limited to, whether the conviction was entered into pursuant to a plea deal; and (D) Any other factors the court deems relevant. (2) If the court finds that the defendant is indigent, using the criteria set out in § 40-14-202(c) , the court shall appoint counsel to represent the defendant on such a motion. (3) The court shall not entertain a motion made under this subsection (h) to resentence a defendant if: (A) A previous motion made under this subsection (h) to reduce the sentence was denied after a review of the motion on the merits; (B) Resentencing the defendant to a shorter period of confinement for this offense would not reduce the defendant's overall sentence or lead to an earlier release; or (C) The defendant has previously applied to the governor for a grant of executive clemency on or after December 2, 2021, for the same offense and has been denied. (4) This subsection (h) does not require a court to reduce any sentence pursuant to this section.
(1) Notwithstanding subsection (d) or (e) or any other law to the contrary, the court that imposed a sentence for an offense committed under this section that occurred prior to September 1, 2020, may, upon motion of the defendant or the district attorney general or the court's own motion, resentence the defendant pursuant to subsections (a)-(g). The court shall hold an evidentiary hearing on the motion, at which the defendant and district attorney general may present evidence. The defendant shall bear the burden of proof to show that the defendant would be sentenced to a shorter period of confinement under this section if the defendant's offense had occurred on or after September 1, 2020. The court shall not resentence the defendant if the new sentence would be greater than the sentence originally imposed or if the court finds that resentencing the defendant would not be in the interests of justice. In determining whether a new sentence would be in the interests of justice, the court may consider: (A) The defendant's criminal record, including subsequent criminal convictions; (B) The defendant's behavior while incarcerated; (C) The circumstances surrounding the offense, including, but not limited to, whether the conviction was entered into pursuant to a plea deal; and (D) Any other factors the court deems relevant.
(A) The defendant's criminal record, including subsequent criminal convictions;
(B) The defendant's behavior while incarcerated;
(C) The circumstances surrounding the offense, including, but not limited to, whether the conviction was entered into pursuant to a plea deal; and
(D) Any other factors the court deems relevant.
(2) If the court finds that the defendant is indigent, using the criteria set out in § 40-14-202(c) , the court shall appoint counsel to represent the defendant on such a motion.
(3) The court shall not entertain a motion made under this subsection (h) to resentence a defendant if: (A) A previous motion made under this subsection (h) to reduce the sentence was denied after a review of the motion on the merits; (B) Resentencing the defendant to a shorter period of confinement for this offense would not reduce the defendant's overall sentence or lead to an earlier release; or (C) The defendant has previously applied to the governor for a grant of executive clemency on or after December 2, 2021, for the same offense and has been denied.
(A) A previous motion made under this subsection (h) to reduce the sentence was denied after a review of the motion on the merits;
(B) Resentencing the defendant to a shorter period of confinement for this offense would not reduce the defendant's overall sentence or lead to an earlier release; or
(C) The defendant has previously applied to the governor for a grant of executive clemency on or after December 2, 2021, for the same offense and has been denied.
(4) This subsection (h) does not require a court to reduce any sentence pursuant to this section.
Amended by 2022 Tenn. Acts, ch. 927, s 1, eff. 4/29/2022.
Amended by 2020 Tenn. Acts, ch. 803, Secs.s 2, s 3, s 4, s 5, s 6, s 7, s 8, s 9 eff. 9/1/2020.
Amended by 2020 Tenn. Acts, ch. 803, s 1, eff. 9/1/2020.
Acts 1995, ch. 515, § 1; 1998, ch. 1049, § 16; 2005, ch. 295, §§ 1 - 4.
Tenn. Code Ann. § 39-11-704 — TN Code / Title 39 / Chapter 11 / Section 39-11-704
Property exempt from forfeiture
Status: in_force

(a) No interest in any property described in § 39-11-703(a) shall be subject to forfeiture when one (1) of the following conditions is established: (1) If the owner or interest holder acquired the property before the conduct alleged to give rise to its forfeiture; (2) If the owner or interest holder acquired the property during or after the conduct alleged to give rise to its forfeiture, and the owner or interest holder acquired this interest as a good faith purchaser for value, or acquired this interest in a commercially reasonable manner, and the owner or interest holder: (A) Acted reasonably to prevent the conduct giving rise to forfeiture; or (B) Did not know of the acts giving rise to forfeiture. (b) No interest in real or personal property shall be forfeited under § 39-11-703(b) , unless the owner or interest holder is convicted of a crime or crimes described in § 39-11-703(b) . If the owner or interest holder is an entity other than a natural person, the property shall not be forfeited unless the entity's officer, employee or agent is convicted of the crime or crimes under § 39-11-703(b) and the state shall also have the burden to establish beyond a reasonable doubt the following additional elements: (1) The conviction is based on acts by the defendant in the course of and within the scope of the defendant's employment; and (2) The entity knew or had reason to know from information in the entity's possession, other than through its convicted officer, employee or agent, of the criminal nature of the acts. (c) The state may stipulate that the interest of an owner or interest holder is exempt from forfeiture upon presentation of proof of the claim. The state shall file the stipulation with the court exercising jurisdiction over the forfeiture action and the filing of stipulation shall constitute an admission by the state that the interest is exempt from forfeiture. If a stipulation is submitted, then no further claim, answer or pleading shall be required of the stipulated owner or interest holder, and a judgment shall be entered exempting that interest from forfeiture. (d) If equipment and fixtures are seized while in possession of someone other than the owner, or are on premises that are padlocked and the owner of the equipment and fixtures has no interest in the padlocked premises, then the owner may obtain return of the equipment and fixtures, if the owner: (1) Did not know of the act giving rise to forfeiture; or (2) Acted reasonably to prevent the conduct giving rise to forfeiture. Acts 1998, ch. 979, § 4; 2009, ch. 432, §§ 2, 3.
(a) No interest in any property described in § 39-11-703(a) shall be subject to forfeiture when one (1) of the following conditions is established: (1) If the owner or interest holder acquired the property before the conduct alleged to give rise to its forfeiture; (2) If the owner or interest holder acquired the property during or after the conduct alleged to give rise to its forfeiture, and the owner or interest holder acquired this interest as a good faith purchaser for value, or acquired this interest in a commercially reasonable manner, and the owner or interest holder: (A) Acted reasonably to prevent the conduct giving rise to forfeiture; or (B) Did not know of the acts giving rise to forfeiture.
(1) If the owner or interest holder acquired the property before the conduct alleged to give rise to its forfeiture;
(2) If the owner or interest holder acquired the property during or after the conduct alleged to give rise to its forfeiture, and the owner or interest holder acquired this interest as a good faith purchaser for value, or acquired this interest in a commercially reasonable manner, and the owner or interest holder: (A) Acted reasonably to prevent the conduct giving rise to forfeiture; or (B) Did not know of the acts giving rise to forfeiture.
(A) Acted reasonably to prevent the conduct giving rise to forfeiture; or
(B) Did not know of the acts giving rise to forfeiture.
(b) No interest in real or personal property shall be forfeited under § 39-11-703(b) , unless the owner or interest holder is convicted of a crime or crimes described in § 39-11-703(b) . If the owner or interest holder is an entity other than a natural person, the property shall not be forfeited unless the entity's officer, employee or agent is convicted of the crime or crimes under § 39-11-703(b) and the state shall also have the burden to establish beyond a reasonable doubt the following additional elements: (1) The conviction is based on acts by the defendant in the course of and within the scope of the defendant's employment; and (2) The entity knew or had reason to know from information in the entity's possession, other than through its convicted officer, employee or agent, of the criminal nature of the acts.
(1) The conviction is based on acts by the defendant in the course of and within the scope of the defendant's employment; and
(2) The entity knew or had reason to know from information in the entity's possession, other than through its convicted officer, employee or agent, of the criminal nature of the acts.
(c) The state may stipulate that the interest of an owner or interest holder is exempt from forfeiture upon presentation of proof of the claim. The state shall file the stipulation with the court exercising jurisdiction over the forfeiture action and the filing of stipulation shall constitute an admission by the state that the interest is exempt from forfeiture. If a stipulation is submitted, then no further claim, answer or pleading shall be required of the stipulated owner or interest holder, and a judgment shall be entered exempting that interest from forfeiture.
(d) If equipment and fixtures are seized while in possession of someone other than the owner, or are on premises that are padlocked and the owner of the equipment and fixtures has no interest in the padlocked premises, then the owner may obtain return of the equipment and fixtures, if the owner: (1) Did not know of the act giving rise to forfeiture; or (2) Acted reasonably to prevent the conduct giving rise to forfeiture.
(1) Did not know of the act giving rise to forfeiture; or
(2) Acted reasonably to prevent the conduct giving rise to forfeiture.
Acts 1998, ch. 979, § 4; 2009, ch. 432, §§ 2, 3.
Tenn. Code Ann. § 39-13-903 — TN Code / Title 39 / Chapter 13 / Section 39-13-903
Unlawful capture of image with intent to conduct surveillance a misdemeanor offense - Defense
Status: in_force

(a) Subject to the exceptions set forth in § 39-13-902(a) , a person commits an offense if the person: (1) Uses an unmanned aircraft to capture an image of an individual or privately owned real property in this state with the intent to conduct surveillance on the individual or property captured in the image; (2) Knowingly uses an image in a manner prohibited by § 39-13-902(b) ; (3) Without the venue owner or operator's consent, uses an unmanned aircraft to intentionally capture an image of an individual or event at, or drop any item or substance into, an open-air event venue wherein more than one hundred (100) individuals are gathered for a ticketed event; (4) (A) Knowingly uses an unmanned aircraft within or over a designated fireworks discharge site, fireworks display site, or fireworks fallout area during an event as defined in § 68-104-202 , without the consent of the owner or operator of the event; and (B) For purposes of this subdivision (a)(4): (i) "Discharge site" means the area immediately surrounding the fireworks mortars used for an outdoor fireworks display; (ii) "Display site" means the immediate area where a fireworks display is conducted, including the discharge site, the fallout area, and the required separation distance from mortars to spectator viewing areas, but not including the spectator viewing areas or vehicle parking areas; and (iii) "Fallout area" means the designated area in which hazardous debris is intended to fall after a pyrotechnic device, including display fireworks, is fired; (5) Knowingly uses an unmanned aircraft over the grounds of a correctional facility; or (6) (A) Without the business operator's written consent, knowingly uses an unmanned aircraft within two hundred fifty feet (250') of the perimeter of any critical infrastructure facility for the purpose of conducting surveillance of, gathering evidence or collecting information about, or photographically or electronically recording, critical infrastructure data; (B) As used in this subdivision (a)(6), "critical infrastructure facility" means: (i) An electrical power generation system; electrical transmission system, either as a whole system or any individual component of the transmission system; or electrical distribution substation; (ii) A petroleum refinery; (iii) A manufacturing facility that utilizes any hazardous substance, as defined in § 68-131-102 , either in storage or in the process of manufacturing; (iv) A chemical or rubber manufacturing facility; (v) A petroleum or chemical storage facility; (vi) A water or wastewater treatment facility; (vii) Any facility, equipment, or pipeline infrastructure utilized in the storage, transmission, or distribution of natural gas or propane; (viii) Railroad yards and facilities not open to the general public; and (ix) A communication service facility; (C) This subdivision (a)(6) shall not prohibit an unmanned aircraft system from operating for commercial purposes in compliance with authorization granted by the Federal Aviation Administration. (b) (1) An offense under subdivisions (a)(1)-(5) is a Class C misdemeanor. (2) An offense under subdivision (a)(6) is a Class E felony. (c) It is a defense to prosecution under this section that the person destroyed the image: (1) As soon as the person had knowledge that the image was captured in violation of this section; and (2) Without disclosing, displaying, or distributing the image to a third party. Amended by 2019 Tenn. Acts, ch. 60,s 1, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 60,s 2, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 40,s 1, eff. 7/1/2019. Amended by 2016 Tenn. Acts, ch. 788,s 1, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 240,Secs.s2, s3 eff. 7/1/2015. Amended by 2015 Tenn. Acts, ch. 240,s 1, eff. 7/1/2015. Added by 2014 Tenn. Acts, ch. 876,s 4, eff. 7/1/2014.
(a) Subject to the exceptions set forth in § 39-13-902(a) , a person commits an offense if the person: (1) Uses an unmanned aircraft to capture an image of an individual or privately owned real property in this state with the intent to conduct surveillance on the individual or property captured in the image; (2) Knowingly uses an image in a manner prohibited by § 39-13-902(b) ; (3) Without the venue owner or operator's consent, uses an unmanned aircraft to intentionally capture an image of an individual or event at, or drop any item or substance into, an open-air event venue wherein more than one hundred (100) individuals are gathered for a ticketed event; (4) (A) Knowingly uses an unmanned aircraft within or over a designated fireworks discharge site, fireworks display site, or fireworks fallout area during an event as defined in § 68-104-202 , without the consent of the owner or operator of the event; and (B) For purposes of this subdivision (a)(4): (i) "Discharge site" means the area immediately surrounding the fireworks mortars used for an outdoor fireworks display; (ii) "Display site" means the immediate area where a fireworks display is conducted, including the discharge site, the fallout area, and the required separation distance from mortars to spectator viewing areas, but not including the spectator viewing areas or vehicle parking areas; and (iii) "Fallout area" means the designated area in which hazardous debris is intended to fall after a pyrotechnic device, including display fireworks, is fired; (5) Knowingly uses an unmanned aircraft over the grounds of a correctional facility; or (6) (A) Without the business operator's written consent, knowingly uses an unmanned aircraft within two hundred fifty feet (250') of the perimeter of any critical infrastructure facility for the purpose of conducting surveillance of, gathering evidence or collecting information about, or photographically or electronically recording, critical infrastructure data; (B) As used in this subdivision (a)(6), "critical infrastructure facility" means: (i) An electrical power generation system; electrical transmission system, either as a whole system or any individual component of the transmission system; or electrical distribution substation; (ii) A petroleum refinery; (iii) A manufacturing facility that utilizes any hazardous substance, as defined in § 68-131-102 , either in storage or in the process of manufacturing; (iv) A chemical or rubber manufacturing facility; (v) A petroleum or chemical storage facility; (vi) A water or wastewater treatment facility; (vii) Any facility, equipment, or pipeline infrastructure utilized in the storage, transmission, or distribution of natural gas or propane; (viii) Railroad yards and facilities not open to the general public; and (ix) A communication service facility; (C) This subdivision (a)(6) shall not prohibit an unmanned aircraft system from operating for commercial purposes in compliance with authorization granted by the Federal Aviation Administration.
(1) Uses an unmanned aircraft to capture an image of an individual or privately owned real property in this state with the intent to conduct surveillance on the individual or property captured in the image;
(2) Knowingly uses an image in a manner prohibited by § 39-13-902(b) ;
(3) Without the venue owner or operator's consent, uses an unmanned aircraft to intentionally capture an image of an individual or event at, or drop any item or substance into, an open-air event venue wherein more than one hundred (100) individuals are gathered for a ticketed event;
(4) (A) Knowingly uses an unmanned aircraft within or over a designated fireworks discharge site, fireworks display site, or fireworks fallout area during an event as defined in § 68-104-202 , without the consent of the owner or operator of the event; and (B) For purposes of this subdivision (a)(4): (i) "Discharge site" means the area immediately surrounding the fireworks mortars used for an outdoor fireworks display; (ii) "Display site" means the immediate area where a fireworks display is conducted, including the discharge site, the fallout area, and the required separation distance from mortars to spectator viewing areas, but not including the spectator viewing areas or vehicle parking areas; and (iii) "Fallout area" means the designated area in which hazardous debris is intended to fall after a pyrotechnic device, including display fireworks, is fired;
(A) Knowingly uses an unmanned aircraft within or over a designated fireworks discharge site, fireworks display site, or fireworks fallout area during an event as defined in § 68-104-202 , without the consent of the owner or operator of the event; and
(B) For purposes of this subdivision (a)(4): (i) "Discharge site" means the area immediately surrounding the fireworks mortars used for an outdoor fireworks display; (ii) "Display site" means the immediate area where a fireworks display is conducted, including the discharge site, the fallout area, and the required separation distance from mortars to spectator viewing areas, but not including the spectator viewing areas or vehicle parking areas; and (iii) "Fallout area" means the designated area in which hazardous debris is intended to fall after a pyrotechnic device, including display fireworks, is fired;
(i) "Discharge site" means the area immediately surrounding the fireworks mortars used for an outdoor fireworks display;
(ii) "Display site" means the immediate area where a fireworks display is conducted, including the discharge site, the fallout area, and the required separation distance from mortars to spectator viewing areas, but not including the spectator viewing areas or vehicle parking areas; and
(iii) "Fallout area" means the designated area in which hazardous debris is intended to fall after a pyrotechnic device, including display fireworks, is fired;
(5) Knowingly uses an unmanned aircraft over the grounds of a correctional facility; or
(6) (A) Without the business operator's written consent, knowingly uses an unmanned aircraft within two hundred fifty feet (250') of the perimeter of any critical infrastructure facility for the purpose of conducting surveillance of, gathering evidence or collecting information about, or photographically or electronically recording, critical infrastructure data; (B) As used in this subdivision (a)(6), "critical infrastructure facility" means: (i) An electrical power generation system; electrical transmission system, either as a whole system or any individual component of the transmission system; or electrical distribution substation; (ii) A petroleum refinery; (iii) A manufacturing facility that utilizes any hazardous substance, as defined in § 68-131-102 , either in storage or in the process of manufacturing; (iv) A chemical or rubber manufacturing facility; (v) A petroleum or chemical storage facility; (vi) A water or wastewater treatment facility; (vii) Any facility, equipment, or pipeline infrastructure utilized in the storage, transmission, or distribution of natural gas or propane; (viii) Railroad yards and facilities not open to the general public; and (ix) A communication service facility; (C) This subdivision (a)(6) shall not prohibit an unmanned aircraft system from operating for commercial purposes in compliance with authorization granted by the Federal Aviation Administration.
(A) Without the business operator's written consent, knowingly uses an unmanned aircraft within two hundred fifty feet (250') of the perimeter of any critical infrastructure facility for the purpose of conducting surveillance of, gathering evidence or collecting information about, or photographically or electronically recording, critical infrastructure data;
(B) As used in this subdivision (a)(6), "critical infrastructure facility" means: (i) An electrical power generation system; electrical transmission system, either as a whole system or any individual component of the transmission system; or electrical distribution substation; (ii) A petroleum refinery; (iii) A manufacturing facility that utilizes any hazardous substance, as defined in § 68-131-102 , either in storage or in the process of manufacturing; (iv) A chemical or rubber manufacturing facility; (v) A petroleum or chemical storage facility; (vi) A water or wastewater treatment facility; (vii) Any facility, equipment, or pipeline infrastructure utilized in the storage, transmission, or distribution of natural gas or propane; (viii) Railroad yards and facilities not open to the general public; and (ix) A communication service facility;
(i) An electrical power generation system; electrical transmission system, either as a whole system or any individual component of the transmission system; or electrical distribution substation;
(ii) A petroleum refinery;
(iii) A manufacturing facility that utilizes any hazardous substance, as defined in § 68-131-102 , either in storage or in the process of manufacturing;
(iv) A chemical or rubber manufacturing facility;
(v) A petroleum or chemical storage facility;
(vi) A water or wastewater treatment facility;
(vii) Any facility, equipment, or pipeline infrastructure utilized in the storage, transmission, or distribution of natural gas or propane;
(viii) Railroad yards and facilities not open to the general public; and
(ix) A communication service facility;
(C) This subdivision (a)(6) shall not prohibit an unmanned aircraft system from operating for commercial purposes in compliance with authorization granted by the Federal Aviation Administration.
(b) (1) An offense under subdivisions (a)(1)-(5) is a Class C misdemeanor. (2) An offense under subdivision (a)(6) is a Class E felony.
(1) An offense under subdivisions (a)(1)-(5) is a Class C misdemeanor.
(2) An offense under subdivision (a)(6) is a Class E felony.
(c) It is a defense to prosecution under this section that the person destroyed the image: (1) As soon as the person had knowledge that the image was captured in violation of this section; and (2) Without disclosing, displaying, or distributing the image to a third party.
(1) As soon as the person had knowledge that the image was captured in violation of this section; and
(2) Without disclosing, displaying, or distributing the image to a third party.
Amended by 2019 Tenn. Acts, ch. 60,s 1, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 60,s 2, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 40,s 1, eff. 7/1/2019.
Amended by 2016 Tenn. Acts, ch. 788,s 1, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 240,Secs.s2, s3 eff. 7/1/2015.
Amended by 2015 Tenn. Acts, ch. 240,s 1, eff. 7/1/2015.
Added by 2014 Tenn. Acts, ch. 876,s 4, eff. 7/1/2014.
Tenn. Code Ann. § 39-13-303 — TN Code / Title 39 / Chapter 13 / Section 39-13-303
Kidnapping
Status: in_force

(a) Kidnapping is false imprisonment as defined in § 39-13-302 , under circumstances exposing the other person to substantial risk of bodily injury. (b) Kidnapping is a Class C felony. Acts 1989, ch. 591, § 1; T.C.A., § 39-13-302 ; Acts 1990, ch. 982, § 1; 2008, ch. 1140, § 4.
(a) Kidnapping is false imprisonment as defined in § 39-13-302 , under circumstances exposing the other person to substantial risk of bodily injury.
(b) Kidnapping is a Class C felony.
Acts 1989, ch. 591, § 1; T.C.A., § 39-13-302 ; Acts 1990, ch. 982, § 1; 2008, ch. 1140, § 4.
Tenn. Code Ann. § 39-14-117 — TN Code / Title 39 / Chapter 14 / Section 39-14-117
Fraud in insolvency
Status: in_force

(a) A person commits an offense who, when proceedings have been or are about to be instituted for the appointment of a trustee, receiver, or other person entitled to administer property for the benefit of creditors, or when any other assignment, composition, or liquidation for the benefit of creditors has been or is about to be made: (1) Destroys, removes, conceals, encumbers, transfers, or otherwise harms or reduces the value of the property with intent to defeat or obstruct the operation of a law relating to administration of property for the benefit of creditors; (2) Intentionally falsifies any writing or record relating to the property or any claim against the debtor; or (3) Intentionally misrepresents or refuses to disclose to a trustee or receiver, or other person entitled to administer property for the benefit of creditors, the existence, amount, or location of the property, or any other information that the person could legally be required to furnish in relation to the administration. (b) An offense under this section is a Class E felony. Acts 1989, ch. 591, § 1.
(a) A person commits an offense who, when proceedings have been or are about to be instituted for the appointment of a trustee, receiver, or other person entitled to administer property for the benefit of creditors, or when any other assignment, composition, or liquidation for the benefit of creditors has been or is about to be made: (1) Destroys, removes, conceals, encumbers, transfers, or otherwise harms or reduces the value of the property with intent to defeat or obstruct the operation of a law relating to administration of property for the benefit of creditors; (2) Intentionally falsifies any writing or record relating to the property or any claim against the debtor; or (3) Intentionally misrepresents or refuses to disclose to a trustee or receiver, or other person entitled to administer property for the benefit of creditors, the existence, amount, or location of the property, or any other information that the person could legally be required to furnish in relation to the administration.
(1) Destroys, removes, conceals, encumbers, transfers, or otherwise harms or reduces the value of the property with intent to defeat or obstruct the operation of a law relating to administration of property for the benefit of creditors;
(2) Intentionally falsifies any writing or record relating to the property or any claim against the debtor; or
(3) Intentionally misrepresents or refuses to disclose to a trustee or receiver, or other person entitled to administer property for the benefit of creditors, the existence, amount, or location of the property, or any other information that the person could legally be required to furnish in relation to the administration.
(b) An offense under this section is a Class E felony.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-104 — TN Code / Title 39 / Chapter 17 / Section 39-17-104
Safety devices on refrigerators required
Status: in_force

(a) All new iceboxes or refrigerators that have a capacity of one and one-half (11/2) cubic feet or more, and an opening of fifty (50) square inches or more, and that have a door or lid equipped with a latch or other fastening device capable of securing the door or lid shut, sold or offered for sale in this state shall be equipped with a safety device that will enable the door or lid to be opened easily from the inside as a means of escape. Failure to abide by this provision is an offense. (b) An offense under this section is a Class A misdemeanor. Acts 1989, ch. 591, § 1.
(a) All new iceboxes or refrigerators that have a capacity of one and one-half (11/2) cubic feet or more, and an opening of fifty (50) square inches or more, and that have a door or lid equipped with a latch or other fastening device capable of securing the door or lid shut, sold or offered for sale in this state shall be equipped with a safety device that will enable the door or lid to be opened easily from the inside as a means of escape. Failure to abide by this provision is an offense.
(b) An offense under this section is a Class A misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-11-716 — TN Code / Title 39 / Chapter 11 / Section 39-11-716
Immunities
Status: in_force

The attorney general, the attorney general's assistants and investigators shall not be civilly liable for any acts performed in furtherance of the purposes of this part. Acts 1998, ch. 979, § 16.
The attorney general, the attorney general's assistants and investigators shall not be civilly liable for any acts performed in furtherance of the purposes of this part.
Acts 1998, ch. 979, § 16.
Tenn. Code Ann. § 39-13-213 — TN Code / Title 39 / Chapter 13 / Section 39-13-213
Vehicular homicide
Status: in_force

(a) Vehicular homicide is the reckless killing of another by the operation of an automobile, airplane, vessel subject to registration under title 69, chapter 9, part 2, or other motor vehicle, as the proximate result of: (1) Conduct creating a substantial risk of death or serious bodily injury to a person; (2) The driver's intoxication, as set forth in § 55-10-401 , or the operator's intoxication, as set forth in § 69-9-217(a) . For the purposes of this section, "intoxication" includes alcohol intoxication as defined by § 55-10-411(a) , drug intoxication, or both; (3) As the proximate result of conduct constituting the offense of drag racing as prohibited by title 55, chapter 10, part 5; or (4) The driver's conduct in a posted construction zone where the person killed was an employee of the department of transportation or a highway construction worker. (b) (1) Vehicular homicide under subdivision (a)(1) or (a)(3) is a Class C felony. (2) (A) Vehicular homicide under subdivision (a)(2) is a Class B felony. (B) Any sentence imposed for a first violation of subdivision (a)(2) shall include a mandatory minimum sentence of forty-eight (48) consecutive hours of incarceration. The person shall not be eligible for release from confinement until the person has served the entire forty-eight-hour minimum mandatory sentence. (C) If at the time of sentencing for a violation of subdivision (a)(2), the person has one (1) prior conviction for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of forty-five (45) consecutive days of incarceration. The person shall not be eligible for release from confinement until the person has served the entire forty-five-day minimum mandatory sentence. (D) If at the time of sentencing for a violation of subdivision (a)(2), the person has any combination of two (2) prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred twenty (120) consecutive days of incarceration. The person shall not be eligible for release from confinement until the person has served the entire one hundred twenty-day mandatory minimum sentence. (E) If at the time of sentencing for a violation of subdivision (a)(2), the person has any combination of three (3) or more prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred fifty (150) consecutive days of incarceration. The person shall not be eligible for release from confinement until the person has served the entire one hundred fifty-day mandatory minimum sentence. (F) As used in this subdivision (b)(2), "alcohol-related offense" means a conviction for a violation of subdivision (a)(2), § 55-10-401 , § 39-13-106 , or § 39-13-218 . (G) For purposes of sentencing under this subdivision (b)(2), a prior conviction for an alcohol-related offense may be used to enhance the mandatory minimum sentence regardless of whether it occurred before or after July 1, 2015, as long as the violation of this section occurs on or after July 1, 2015. (3) Vehicular homicide under subdivision (a)(4) is a Class D felony. (c) The court shall prohibit a defendant convicted of vehicular homicide from driving a vehicle or operating a vessel subject to registration in this state for a period of time not less than three (3) years nor more than ten (10) years. Amended by 2024 Tenn. Acts, ch. 671,s 2, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 434, s 6, eff. 7/1/2021. Amended by 2015 Tenn. Acts, ch. 125, s 3, eff. 7/1/2015. Amended by 2013 Tenn. Acts, ch. 154, s 50, eff. 7/1/2013. Acts 1989, ch. 591, § 1; T.C.A., § 39-13-209 ; Acts 1990, ch. 1038, § 4; 1995, ch. 415, § 1; 2006, ch. 971, §§ 2, 3; 2010 , ch. 1120, §§ 2, 3.
(a) Vehicular homicide is the reckless killing of another by the operation of an automobile, airplane, vessel subject to registration under title 69, chapter 9, part 2, or other motor vehicle, as the proximate result of: (1) Conduct creating a substantial risk of death or serious bodily injury to a person; (2) The driver's intoxication, as set forth in § 55-10-401 , or the operator's intoxication, as set forth in § 69-9-217(a) . For the purposes of this section, "intoxication" includes alcohol intoxication as defined by § 55-10-411(a) , drug intoxication, or both; (3) As the proximate result of conduct constituting the offense of drag racing as prohibited by title 55, chapter 10, part 5; or (4) The driver's conduct in a posted construction zone where the person killed was an employee of the department of transportation or a highway construction worker.
(1) Conduct creating a substantial risk of death or serious bodily injury to a person;
(2) The driver's intoxication, as set forth in § 55-10-401 , or the operator's intoxication, as set forth in § 69-9-217(a) . For the purposes of this section, "intoxication" includes alcohol intoxication as defined by § 55-10-411(a) , drug intoxication, or both;
(3) As the proximate result of conduct constituting the offense of drag racing as prohibited by title 55, chapter 10, part 5; or
(4) The driver's conduct in a posted construction zone where the person killed was an employee of the department of transportation or a highway construction worker.
(b) (1) Vehicular homicide under subdivision (a)(1) or (a)(3) is a Class C felony. (2) (A) Vehicular homicide under subdivision (a)(2) is a Class B felony. (B) Any sentence imposed for a first violation of subdivision (a)(2) shall include a mandatory minimum sentence of forty-eight (48) consecutive hours of incarceration. The person shall not be eligible for release from confinement until the person has served the entire forty-eight-hour minimum mandatory sentence. (C) If at the time of sentencing for a violation of subdivision (a)(2), the person has one (1) prior conviction for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of forty-five (45) consecutive days of incarceration. The person shall not be eligible for release from confinement until the person has served the entire forty-five-day minimum mandatory sentence. (D) If at the time of sentencing for a violation of subdivision (a)(2), the person has any combination of two (2) prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred twenty (120) consecutive days of incarceration. The person shall not be eligible for release from confinement until the person has served the entire one hundred twenty-day mandatory minimum sentence. (E) If at the time of sentencing for a violation of subdivision (a)(2), the person has any combination of three (3) or more prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred fifty (150) consecutive days of incarceration. The person shall not be eligible for release from confinement until the person has served the entire one hundred fifty-day mandatory minimum sentence. (F) As used in this subdivision (b)(2), "alcohol-related offense" means a conviction for a violation of subdivision (a)(2), § 55-10-401 , § 39-13-106 , or § 39-13-218 . (G) For purposes of sentencing under this subdivision (b)(2), a prior conviction for an alcohol-related offense may be used to enhance the mandatory minimum sentence regardless of whether it occurred before or after July 1, 2015, as long as the violation of this section occurs on or after July 1, 2015. (3) Vehicular homicide under subdivision (a)(4) is a Class D felony.
(1) Vehicular homicide under subdivision (a)(1) or (a)(3) is a Class C felony.
(2) (A) Vehicular homicide under subdivision (a)(2) is a Class B felony. (B) Any sentence imposed for a first violation of subdivision (a)(2) shall include a mandatory minimum sentence of forty-eight (48) consecutive hours of incarceration. The person shall not be eligible for release from confinement until the person has served the entire forty-eight-hour minimum mandatory sentence. (C) If at the time of sentencing for a violation of subdivision (a)(2), the person has one (1) prior conviction for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of forty-five (45) consecutive days of incarceration. The person shall not be eligible for release from confinement until the person has served the entire forty-five-day minimum mandatory sentence. (D) If at the time of sentencing for a violation of subdivision (a)(2), the person has any combination of two (2) prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred twenty (120) consecutive days of incarceration. The person shall not be eligible for release from confinement until the person has served the entire one hundred twenty-day mandatory minimum sentence. (E) If at the time of sentencing for a violation of subdivision (a)(2), the person has any combination of three (3) or more prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred fifty (150) consecutive days of incarceration. The person shall not be eligible for release from confinement until the person has served the entire one hundred fifty-day mandatory minimum sentence. (F) As used in this subdivision (b)(2), "alcohol-related offense" means a conviction for a violation of subdivision (a)(2), § 55-10-401 , § 39-13-106 , or § 39-13-218 . (G) For purposes of sentencing under this subdivision (b)(2), a prior conviction for an alcohol-related offense may be used to enhance the mandatory minimum sentence regardless of whether it occurred before or after July 1, 2015, as long as the violation of this section occurs on or after July 1, 2015.
(A) Vehicular homicide under subdivision (a)(2) is a Class B felony.
(B) Any sentence imposed for a first violation of subdivision (a)(2) shall include a mandatory minimum sentence of forty-eight (48) consecutive hours of incarceration. The person shall not be eligible for release from confinement until the person has served the entire forty-eight-hour minimum mandatory sentence.
(C) If at the time of sentencing for a violation of subdivision (a)(2), the person has one (1) prior conviction for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of forty-five (45) consecutive days of incarceration. The person shall not be eligible for release from confinement until the person has served the entire forty-five-day minimum mandatory sentence.
(D) If at the time of sentencing for a violation of subdivision (a)(2), the person has any combination of two (2) prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred twenty (120) consecutive days of incarceration. The person shall not be eligible for release from confinement until the person has served the entire one hundred twenty-day mandatory minimum sentence.
(E) If at the time of sentencing for a violation of subdivision (a)(2), the person has any combination of three (3) or more prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred fifty (150) consecutive days of incarceration. The person shall not be eligible for release from confinement until the person has served the entire one hundred fifty-day mandatory minimum sentence.
(F) As used in this subdivision (b)(2), "alcohol-related offense" means a conviction for a violation of subdivision (a)(2), § 55-10-401 , § 39-13-106 , or § 39-13-218 .
(G) For purposes of sentencing under this subdivision (b)(2), a prior conviction for an alcohol-related offense may be used to enhance the mandatory minimum sentence regardless of whether it occurred before or after July 1, 2015, as long as the violation of this section occurs on or after July 1, 2015.
(3) Vehicular homicide under subdivision (a)(4) is a Class D felony.
(c) The court shall prohibit a defendant convicted of vehicular homicide from driving a vehicle or operating a vessel subject to registration in this state for a period of time not less than three (3) years nor more than ten (10) years.
Amended by 2024 Tenn. Acts, ch. 671,s 2, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 434, s 6, eff. 7/1/2021.
Amended by 2015 Tenn. Acts, ch. 125, s 3, eff. 7/1/2015.
Amended by 2013 Tenn. Acts, ch. 154, s 50, eff. 7/1/2013.
Acts 1989, ch. 591, § 1; T.C.A., § 39-13-209 ; Acts 1990, ch. 1038, § 4; 1995, ch. 415, § 1; 2006, ch. 971, §§ 2, 3; 2010 , ch. 1120, §§ 2, 3.
Tenn. Code Ann. § 39-16-603 — TN Code / Title 39 / Chapter 16 / Section 39-16-603
Evading arrest
Status: in_force

(a) (1) Except as provided in subsection (b), it is unlawful for any person to intentionally conceal themselves or flee by any means of locomotion from anyone the person knows to be a law enforcement officer if the person: (A) Knows the officer is attempting to arrest the person; or (B) Has been arrested. (2) It is a defense to prosecution under this subsection (a) that the attempted arrest was unlawful. (3) [Deleted by 2021 amendment.] (b) (1) It is unlawful for any person, while operating a motor vehicle on any street, road, alley or highway in this state, to intentionally flee or attempt to elude any law enforcement officer, after having received any signal from the officer to bring the vehicle to a stop. (2) It is a defense to prosecution under this subsection (b) that the attempted arrest was unlawful. (3) [Deleted by 2021 amendment.] (4) In addition to the penalty prescribed in subsection (d), the court shall order the suspension of the driver license of the person for a period of not less than six (6) months nor more than two (2) years. If the license is already suspended, at the time the order is issued, the suspension shall begin on the date the existing suspension ends. The court shall also confiscate the license being suspended and forward it to the department of safety along with a report of the license suspension. If the court is unable to take physical possession of the license, the court shall nevertheless forward the report to the department. The report shall include the complete name, address, birth date, eye color, sex, and driver license number, if known, of the person whose license has been suspended, and shall indicate the first and last day of the suspension period. If the person is the holder of a license from another state, the court shall not confiscate the license but shall notify the department, which shall notify the appropriate licensing officials in the other state. The court shall, however, suspend the person's nonresident driving privileges for the appropriate length of time. (c) In addition to the penalties prescribed in this section, the court shall order a person who commits evading arrest and, in doing so, recklessly damages government property, including, but not limited to, a law enforcement officer's uniform or motor vehicle, to pay restitution to the appropriate government agency for the value of any property damaged. (d) (1) A violation of subsection (a) is a Class A misdemeanor. (2) (A) A violation of subsection (b) is a Class E felony and shall be punished by confinement for not less than thirty (30) days. (B) If the flight or attempt to elude creates a risk of death or injury to innocent bystanders, pursuing law enforcement officers, or other third parties, a violation of subsection (b) is a Class D felony and shall be punished by confinement for not less than sixty (60) days. (3) A violation of subsection (a) or (b) that results in serious bodily injury to a law enforcement officer is a Class C felony. (4) A violation of subsection (a) or (b) that results in the death of a law enforcement officer is a Class A felony. Amended by 2021 Tenn. Acts, ch. 278, s 2, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 278, s 1, eff. 7/1/2021. Amended by 2020 Tenn. Acts, ch. 584, s 1, eff. 7/1/2020. Amended by 2016 Tenn. Acts, ch. 633, Secs.s 1, s 2 eff. 7/1/2016. Acts 1989, ch. 591, § 1; 1995, ch. 467, § 1.
(a) (1) Except as provided in subsection (b), it is unlawful for any person to intentionally conceal themselves or flee by any means of locomotion from anyone the person knows to be a law enforcement officer if the person: (A) Knows the officer is attempting to arrest the person; or (B) Has been arrested. (2) It is a defense to prosecution under this subsection (a) that the attempted arrest was unlawful. (3) [Deleted by 2021 amendment.]
(1) Except as provided in subsection (b), it is unlawful for any person to intentionally conceal themselves or flee by any means of locomotion from anyone the person knows to be a law enforcement officer if the person: (A) Knows the officer is attempting to arrest the person; or (B) Has been arrested.
(A) Knows the officer is attempting to arrest the person; or
(B) Has been arrested.
(2) It is a defense to prosecution under this subsection (a) that the attempted arrest was unlawful.
(3) [Deleted by 2021 amendment.]
(b) (1) It is unlawful for any person, while operating a motor vehicle on any street, road, alley or highway in this state, to intentionally flee or attempt to elude any law enforcement officer, after having received any signal from the officer to bring the vehicle to a stop. (2) It is a defense to prosecution under this subsection (b) that the attempted arrest was unlawful. (3) [Deleted by 2021 amendment.] (4) In addition to the penalty prescribed in subsection (d), the court shall order the suspension of the driver license of the person for a period of not less than six (6) months nor more than two (2) years. If the license is already suspended, at the time the order is issued, the suspension shall begin on the date the existing suspension ends. The court shall also confiscate the license being suspended and forward it to the department of safety along with a report of the license suspension. If the court is unable to take physical possession of the license, the court shall nevertheless forward the report to the department. The report shall include the complete name, address, birth date, eye color, sex, and driver license number, if known, of the person whose license has been suspended, and shall indicate the first and last day of the suspension period. If the person is the holder of a license from another state, the court shall not confiscate the license but shall notify the department, which shall notify the appropriate licensing officials in the other state. The court shall, however, suspend the person's nonresident driving privileges for the appropriate length of time.
(1) It is unlawful for any person, while operating a motor vehicle on any street, road, alley or highway in this state, to intentionally flee or attempt to elude any law enforcement officer, after having received any signal from the officer to bring the vehicle to a stop.
(2) It is a defense to prosecution under this subsection (b) that the attempted arrest was unlawful.
(3) [Deleted by 2021 amendment.]
(4) In addition to the penalty prescribed in subsection (d), the court shall order the suspension of the driver license of the person for a period of not less than six (6) months nor more than two (2) years. If the license is already suspended, at the time the order is issued, the suspension shall begin on the date the existing suspension ends. The court shall also confiscate the license being suspended and forward it to the department of safety along with a report of the license suspension. If the court is unable to take physical possession of the license, the court shall nevertheless forward the report to the department. The report shall include the complete name, address, birth date, eye color, sex, and driver license number, if known, of the person whose license has been suspended, and shall indicate the first and last day of the suspension period. If the person is the holder of a license from another state, the court shall not confiscate the license but shall notify the department, which shall notify the appropriate licensing officials in the other state. The court shall, however, suspend the person's nonresident driving privileges for the appropriate length of time.
(c) In addition to the penalties prescribed in this section, the court shall order a person who commits evading arrest and, in doing so, recklessly damages government property, including, but not limited to, a law enforcement officer's uniform or motor vehicle, to pay restitution to the appropriate government agency for the value of any property damaged.
(d) (1) A violation of subsection (a) is a Class A misdemeanor. (2) (A) A violation of subsection (b) is a Class E felony and shall be punished by confinement for not less than thirty (30) days. (B) If the flight or attempt to elude creates a risk of death or injury to innocent bystanders, pursuing law enforcement officers, or other third parties, a violation of subsection (b) is a Class D felony and shall be punished by confinement for not less than sixty (60) days. (3) A violation of subsection (a) or (b) that results in serious bodily injury to a law enforcement officer is a Class C felony. (4) A violation of subsection (a) or (b) that results in the death of a law enforcement officer is a Class A felony.
(1) A violation of subsection (a) is a Class A misdemeanor.
(2) (A) A violation of subsection (b) is a Class E felony and shall be punished by confinement for not less than thirty (30) days. (B) If the flight or attempt to elude creates a risk of death or injury to innocent bystanders, pursuing law enforcement officers, or other third parties, a violation of subsection (b) is a Class D felony and shall be punished by confinement for not less than sixty (60) days.
(A) A violation of subsection (b) is a Class E felony and shall be punished by confinement for not less than thirty (30) days.
(B) If the flight or attempt to elude creates a risk of death or injury to innocent bystanders, pursuing law enforcement officers, or other third parties, a violation of subsection (b) is a Class D felony and shall be punished by confinement for not less than sixty (60) days.
(3) A violation of subsection (a) or (b) that results in serious bodily injury to a law enforcement officer is a Class C felony.
(4) A violation of subsection (a) or (b) that results in the death of a law enforcement officer is a Class A felony.
Amended by 2021 Tenn. Acts, ch. 278, s 2, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 278, s 1, eff. 7/1/2021.
Amended by 2020 Tenn. Acts, ch. 584, s 1, eff. 7/1/2020.
Amended by 2016 Tenn. Acts, ch. 633, Secs.s 1, s 2 eff. 7/1/2016.
Acts 1989, ch. 591, § 1; 1995, ch. 467, § 1.
Tenn. Code Ann. § 39-15-206 — TN Code / Title 39 / Chapter 15 / Section 39-15-206
Rights to medical treatment of infant prematurely born alive during abortion - Penalty for violation - Limitation on wrongful death action
Status: in_force

(a) The rights to medical treatment of an infant prematurely born alive in the course of an abortion are the same as the rights of an infant of similar medical status prematurely born spontaneously. Any person who performs or induces an abortion of an infant shall exercise that degree of professional skill, care, and diligence in accordance with good medical practice necessary to preserve the life and health of an infant prematurely born alive in the course of an abortion, except that if it can be determined, through amniocentesis or medical observation, that the fetus is severely malformed, the use of extraneous life support measures need not be attempted. (b) Any person who violates this section commits a Class E felony. (c) No cause of action for wrongful death shall be brought which arises out of the death of a fetus or infant during the course of a lawful abortion, whether the fetus or infant is quick or not, so long as the abortion is performed in accordance with this part; however, once an infant is born alive, any person in attendance shall be civilly responsible for providing all reasonable and necessary care reasonable under the circumstances in the general vicinity in which the person in attendance practices. Acts 1989, ch. 591, § 1.
(a) The rights to medical treatment of an infant prematurely born alive in the course of an abortion are the same as the rights of an infant of similar medical status prematurely born spontaneously. Any person who performs or induces an abortion of an infant shall exercise that degree of professional skill, care, and diligence in accordance with good medical practice necessary to preserve the life and health of an infant prematurely born alive in the course of an abortion, except that if it can be determined, through amniocentesis or medical observation, that the fetus is severely malformed, the use of extraneous life support measures need not be attempted.
(b) Any person who violates this section commits a Class E felony.
(c) No cause of action for wrongful death shall be brought which arises out of the death of a fetus or infant during the course of a lawful abortion, whether the fetus or infant is quick or not, so long as the abortion is performed in accordance with this part; however, once an infant is born alive, any person in attendance shall be civilly responsible for providing all reasonable and necessary care reasonable under the circumstances in the general vicinity in which the person in attendance practices.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-15-403 — TN Code / Title 39 / Chapter 15 / Section 39-15-403
Tattooing of minors
Status: in_force

(a) As used in this section, "tattoo" means to intentionally mark or color by pricking or inserting pigment or coloring matter into the skin so as to leave an indelible mark or figure. (b) Except as provided by § 62-38-211 , a person who, for commercial purposes, tattoos the skin of any person under eighteen (18) years of age commits a Class A misdemeanor. (c) A person who knowingly falsifies documents for the purpose of obtaining tattooing services for a minor commits a Class A misdemeanor. Acts 1989, ch. 591, § 1; 2008, ch. 803, § 4; 2012, ch. 981, § 1.
(a) As used in this section, "tattoo" means to intentionally mark or color by pricking or inserting pigment or coloring matter into the skin so as to leave an indelible mark or figure.
(b) Except as provided by § 62-38-211 , a person who, for commercial purposes, tattoos the skin of any person under eighteen (18) years of age commits a Class A misdemeanor.
(c) A person who knowingly falsifies documents for the purpose of obtaining tattooing services for a minor commits a Class A misdemeanor.
Acts 1989, ch. 591, § 1; 2008, ch. 803, § 4; 2012, ch. 981, § 1.
Tenn. Code Ann. § 39-17-713 — TN Code / Title 39 / Chapter 17 / Section 39-17-713
Storage of liquor for sale
Status: in_force

(a) It is unlawful for any person, unless authorized by law to do so, to have or keep in stock, in any warehouse or place of business or other place, any intoxicating liquors, including wine, ale or beer, intended for present or future sale as a beverage, either wholesale or retail, and whether intended to be sold for delivery at the place of sale or to be shipped or otherwise transported for delivery at another place. (b) A violation of this section is a Class A misdemeanor. Acts 1989, ch. 591, § 1.
(a) It is unlawful for any person, unless authorized by law to do so, to have or keep in stock, in any warehouse or place of business or other place, any intoxicating liquors, including wine, ale or beer, intended for present or future sale as a beverage, either wholesale or retail, and whether intended to be sold for delivery at the place of sale or to be shipped or otherwise transported for delivery at another place.
(b) A violation of this section is a Class A misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-13-609 — TN Code / Title 39 / Chapter 13 / Section 39-13-609
Freedom from Unwarranted Surveillance Act - Use of drones to gather evidence or information - Standing to initiate civil action against law enforcement agency
Status: in_force

(a) This section shall be known and may be cited as the "Freedom from Unwarranted Surveillance Act." (b) As used in this section: (1) "Drone" means a powered, aerial vehicle that: (A) Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft; (B) Uses aerodynamic forces to provide vehicle lift; (C) Can fly autonomously or be piloted remotely; and (D) Can be expendable or recoverable; and (2) "Law enforcement agency" means a lawfully established state or local public agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, regulatory, game, or controlled substance laws. (c) The use of a drone, or other substantially similar device, by a law enforcement agency to search for and collect evidence or obtain information or other data shall constitute a search unless authorized by and used in compliance with this subsection (c) or subsection (d). A drone may be used for such purposes: (1) If used in compliance and consistent with applicable federal aviation administration rules, exemptions, or other authorizations; and (2) (A) If the agency first obtains a search warrant signed by a judge authorizing the use of a drone; or (B) If a judicially recognized exception to the warrant requirement exists at the time of use. (d) A drone, or other substantially similar device, may be used for the purposes described in subsection (c) without a search warrant or recognized warrant exception if used: (1) In compliance and consistent with applicable federal aviation administration rules, exemptions, or other authorizations; and (2) (A) To counter a high risk of a terrorist attack by a specific individual or organization if the United States secretary of homeland security determines that credible intelligence indicates that there is such a risk; (B) To prevent imminent danger to life where there is reasonable suspicion that, under particular circumstances, immediate action is needed; (C) To provide continuous aerial coverage when law enforcement is searching for a fugitive or escapee or is monitoring a hostage situation; (D) To provide more expansive aerial coverage when deployed for the purpose of searching for a missing person; (E) To investigate motor vehicle accidents that occur within the traffic right-of-way or an area open to the public; (F) Where a criminal offense has occurred on publicly owned property, as defined in § 6-54-127(b) , or where the law enforcement agency has reasonable suspicion that a criminal offense has occurred on such property; (G) At the scene of a fire investigation; (H) To provide aerial coverage of public property, or private property with the consent of the private property owner, when deployed for the purpose of providing or enhancing security for an event open to the public, including, but not limited to, music concerts, athletic events, festivals, protests, and other outdoor events; (I) To provide aerial coverage in case of a natural disaster when a state of emergency is declared; or (J) To investigate the scene of a crime that is occurring or has occurred. (e) (1) Any law enforcement agency that uses a drone, or other substantially similar device, to collect evidence or obtain information or other data shall comply in all respects with the fourth amendment to the Constitution of the United States and Constitution of Tennessee, Article I, § 7. (2) Any evidence, information, or other data collected or obtained by use of a drone shall: (A) Be deleted within fifteen (15) business days of collection unless the evidence, information, or other data is directly relevant to the lawful reason the drone was being used or to an investigation or criminal prosecution. If the evidence, information, or other data is directly relevant to either, the evidence must be retained and deleted by the collecting law enforcement agency in accordance with the same criteria, policies, and procedures used by the agency for evidence collected by methods other than a drone; (B) Not be admissible as evidence in a criminal prosecution in any court of law in this state if it was collected or obtained in violation of subsection (c) or (d); and (C) Not be used as probable cause to obtain a search or arrest warrant or reasonable suspicion to detain a person or vehicle if evidence, information, or other data was collected or obtained that was, at the time of collection, in violation of this section. (f) Any person aggrieved by the use of a drone in violation of this section may initiate a civil action against a law enforcement agency to obtain all appropriate relief, including injunctive relief, destruction of the evidence, information or other data obtained, damages, and reasonable attorney fees. Amended by 2024 Tenn. Acts, ch. 524,s 1, eff. 3/1/2024. Amended by 2021 , ch. 462, §§ 1, 2. Acts 2013 , ch. 470, § 1; 2018 , ch. 970, § 1; 2021 , ch. 462, §§ 1, 2.
(a) This section shall be known and may be cited as the "Freedom from Unwarranted Surveillance Act."
(b) As used in this section: (1) "Drone" means a powered, aerial vehicle that: (A) Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft; (B) Uses aerodynamic forces to provide vehicle lift; (C) Can fly autonomously or be piloted remotely; and (D) Can be expendable or recoverable; and (2) "Law enforcement agency" means a lawfully established state or local public agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, regulatory, game, or controlled substance laws.
(1) "Drone" means a powered, aerial vehicle that: (A) Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft; (B) Uses aerodynamic forces to provide vehicle lift; (C) Can fly autonomously or be piloted remotely; and (D) Can be expendable or recoverable; and
(A) Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft;
(B) Uses aerodynamic forces to provide vehicle lift;
(C) Can fly autonomously or be piloted remotely; and
(D) Can be expendable or recoverable; and
(2) "Law enforcement agency" means a lawfully established state or local public agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, regulatory, game, or controlled substance laws.
(c) The use of a drone, or other substantially similar device, by a law enforcement agency to search for and collect evidence or obtain information or other data shall constitute a search unless authorized by and used in compliance with this subsection (c) or subsection (d). A drone may be used for such purposes: (1) If used in compliance and consistent with applicable federal aviation administration rules, exemptions, or other authorizations; and (2) (A) If the agency first obtains a search warrant signed by a judge authorizing the use of a drone; or (B) If a judicially recognized exception to the warrant requirement exists at the time of use.
(1) If used in compliance and consistent with applicable federal aviation administration rules, exemptions, or other authorizations; and
(2) (A) If the agency first obtains a search warrant signed by a judge authorizing the use of a drone; or (B) If a judicially recognized exception to the warrant requirement exists at the time of use.
(A) If the agency first obtains a search warrant signed by a judge authorizing the use of a drone; or
(B) If a judicially recognized exception to the warrant requirement exists at the time of use.
(d) A drone, or other substantially similar device, may be used for the purposes described in subsection (c) without a search warrant or recognized warrant exception if used: (1) In compliance and consistent with applicable federal aviation administration rules, exemptions, or other authorizations; and (2) (A) To counter a high risk of a terrorist attack by a specific individual or organization if the United States secretary of homeland security determines that credible intelligence indicates that there is such a risk; (B) To prevent imminent danger to life where there is reasonable suspicion that, under particular circumstances, immediate action is needed; (C) To provide continuous aerial coverage when law enforcement is searching for a fugitive or escapee or is monitoring a hostage situation; (D) To provide more expansive aerial coverage when deployed for the purpose of searching for a missing person; (E) To investigate motor vehicle accidents that occur within the traffic right-of-way or an area open to the public; (F) Where a criminal offense has occurred on publicly owned property, as defined in § 6-54-127(b) , or where the law enforcement agency has reasonable suspicion that a criminal offense has occurred on such property; (G) At the scene of a fire investigation; (H) To provide aerial coverage of public property, or private property with the consent of the private property owner, when deployed for the purpose of providing or enhancing security for an event open to the public, including, but not limited to, music concerts, athletic events, festivals, protests, and other outdoor events; (I) To provide aerial coverage in case of a natural disaster when a state of emergency is declared; or (J) To investigate the scene of a crime that is occurring or has occurred.
(1) In compliance and consistent with applicable federal aviation administration rules, exemptions, or other authorizations; and
(2) (A) To counter a high risk of a terrorist attack by a specific individual or organization if the United States secretary of homeland security determines that credible intelligence indicates that there is such a risk; (B) To prevent imminent danger to life where there is reasonable suspicion that, under particular circumstances, immediate action is needed; (C) To provide continuous aerial coverage when law enforcement is searching for a fugitive or escapee or is monitoring a hostage situation; (D) To provide more expansive aerial coverage when deployed for the purpose of searching for a missing person; (E) To investigate motor vehicle accidents that occur within the traffic right-of-way or an area open to the public; (F) Where a criminal offense has occurred on publicly owned property, as defined in § 6-54-127(b) , or where the law enforcement agency has reasonable suspicion that a criminal offense has occurred on such property; (G) At the scene of a fire investigation; (H) To provide aerial coverage of public property, or private property with the consent of the private property owner, when deployed for the purpose of providing or enhancing security for an event open to the public, including, but not limited to, music concerts, athletic events, festivals, protests, and other outdoor events; (I) To provide aerial coverage in case of a natural disaster when a state of emergency is declared; or (J) To investigate the scene of a crime that is occurring or has occurred.
(A) To counter a high risk of a terrorist attack by a specific individual or organization if the United States secretary of homeland security determines that credible intelligence indicates that there is such a risk;
(B) To prevent imminent danger to life where there is reasonable suspicion that, under particular circumstances, immediate action is needed;
(C) To provide continuous aerial coverage when law enforcement is searching for a fugitive or escapee or is monitoring a hostage situation;
(D) To provide more expansive aerial coverage when deployed for the purpose of searching for a missing person;
(E) To investigate motor vehicle accidents that occur within the traffic right-of-way or an area open to the public;
(F) Where a criminal offense has occurred on publicly owned property, as defined in § 6-54-127(b) , or where the law enforcement agency has reasonable suspicion that a criminal offense has occurred on such property;
(G) At the scene of a fire investigation;
(H) To provide aerial coverage of public property, or private property with the consent of the private property owner, when deployed for the purpose of providing or enhancing security for an event open to the public, including, but not limited to, music concerts, athletic events, festivals, protests, and other outdoor events;
(I) To provide aerial coverage in case of a natural disaster when a state of emergency is declared; or
(J) To investigate the scene of a crime that is occurring or has occurred.
(e) (1) Any law enforcement agency that uses a drone, or other substantially similar device, to collect evidence or obtain information or other data shall comply in all respects with the fourth amendment to the Constitution of the United States and Constitution of Tennessee, Article I, § 7. (2) Any evidence, information, or other data collected or obtained by use of a drone shall: (A) Be deleted within fifteen (15) business days of collection unless the evidence, information, or other data is directly relevant to the lawful reason the drone was being used or to an investigation or criminal prosecution. If the evidence, information, or other data is directly relevant to either, the evidence must be retained and deleted by the collecting law enforcement agency in accordance with the same criteria, policies, and procedures used by the agency for evidence collected by methods other than a drone; (B) Not be admissible as evidence in a criminal prosecution in any court of law in this state if it was collected or obtained in violation of subsection (c) or (d); and (C) Not be used as probable cause to obtain a search or arrest warrant or reasonable suspicion to detain a person or vehicle if evidence, information, or other data was collected or obtained that was, at the time of collection, in violation of this section.
(1) Any law enforcement agency that uses a drone, or other substantially similar device, to collect evidence or obtain information or other data shall comply in all respects with the fourth amendment to the Constitution of the United States and Constitution of Tennessee, Article I, § 7.
(2) Any evidence, information, or other data collected or obtained by use of a drone shall: (A) Be deleted within fifteen (15) business days of collection unless the evidence, information, or other data is directly relevant to the lawful reason the drone was being used or to an investigation or criminal prosecution. If the evidence, information, or other data is directly relevant to either, the evidence must be retained and deleted by the collecting law enforcement agency in accordance with the same criteria, policies, and procedures used by the agency for evidence collected by methods other than a drone; (B) Not be admissible as evidence in a criminal prosecution in any court of law in this state if it was collected or obtained in violation of subsection (c) or (d); and (C) Not be used as probable cause to obtain a search or arrest warrant or reasonable suspicion to detain a person or vehicle if evidence, information, or other data was collected or obtained that was, at the time of collection, in violation of this section.
(A) Be deleted within fifteen (15) business days of collection unless the evidence, information, or other data is directly relevant to the lawful reason the drone was being used or to an investigation or criminal prosecution. If the evidence, information, or other data is directly relevant to either, the evidence must be retained and deleted by the collecting law enforcement agency in accordance with the same criteria, policies, and procedures used by the agency for evidence collected by methods other than a drone;
(B) Not be admissible as evidence in a criminal prosecution in any court of law in this state if it was collected or obtained in violation of subsection (c) or (d); and
(C) Not be used as probable cause to obtain a search or arrest warrant or reasonable suspicion to detain a person or vehicle if evidence, information, or other data was collected or obtained that was, at the time of collection, in violation of this section.
(f) Any person aggrieved by the use of a drone in violation of this section may initiate a civil action against a law enforcement agency to obtain all appropriate relief, including injunctive relief, destruction of the evidence, information or other data obtained, damages, and reasonable attorney fees.
Amended by 2024 Tenn. Acts, ch. 524,s 1, eff. 3/1/2024.
Amended by 2021 , ch. 462, §§ 1, 2.
Acts 2013 , ch. 470, § 1; 2018 , ch. 970, § 1; 2021 , ch. 462, §§ 1, 2.
Tenn. Code Ann. § 39-11-615 — TN Code / Title 39 / Chapter 11 / Section 39-11-615
Protection of third person's property
Status: in_force

A person is justified in threatening or using force against another to protect real or personal property of a third person, if, under the circumstances as the person reasonably believes them to be, the person would be justified under § 39-11-614 in threatening or using force to protect the person's own real or personal property. Acts 1989, ch. 591, § 1.
A person is justified in threatening or using force against another to protect real or personal property of a third person, if, under the circumstances as the person reasonably believes them to be, the person would be justified under § 39-11-614 in threatening or using force to protect the person's own real or personal property.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-12-204 — TN Code / Title 39 / Chapter 12 / Section 39-12-204
Unlawful activities
Status: in_force

(a) It is an offense for a person employed by, or associated with, an enterprise to knowingly conduct or participate in the enterprise through a pattern of racketeering activity. (b) It is an offense for a person, through a pattern of racketeering activity, to acquire or maintain, directly or indirectly, an interest in or control of an enterprise of real or personal property. (c) It is an offense for a person who has received proceeds derived from a pattern of racketeering activity to use or invest any part of those proceeds in the acquisition of any interest in real or personal property or in the establishment or operation of an enterprise. (d) It is an offense for a person to attempt or conspire to violate subsection (a), (b), or (c). (e) A person may be convicted for a violation of this section, a conspiracy to violate this section, and any predicate acts of racketeering activity. Amended by 2023 Tenn. Acts, ch. 487, s 7, eff. 7/1/2023. Acts 1989, ch. 591, § 1.
(a) It is an offense for a person employed by, or associated with, an enterprise to knowingly conduct or participate in the enterprise through a pattern of racketeering activity.
(b) It is an offense for a person, through a pattern of racketeering activity, to acquire or maintain, directly or indirectly, an interest in or control of an enterprise of real or personal property.
(c) It is an offense for a person who has received proceeds derived from a pattern of racketeering activity to use or invest any part of those proceeds in the acquisition of any interest in real or personal property or in the establishment or operation of an enterprise.
(d) It is an offense for a person to attempt or conspire to violate subsection (a), (b), or (c).
(e) A person may be convicted for a violation of this section, a conspiracy to violate this section, and any predicate acts of racketeering activity.
Amended by 2023 Tenn. Acts, ch. 487, s 7, eff. 7/1/2023.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-13-501 — TN Code / Title 39 / Chapter 13 / Section 39-13-501
Definitions for Sections 39-13-501 - 39-13-511
Status: in_force

As used in §§ 39-13-501 - 39-13-511, except as specifically provided in § 39-13-505 , unless the context otherwise requires: (1) "Coercion" means threat of kidnapping, extortion, force or violence to be performed immediately or in the future or the use of parental, custodial, or official authority over a child less than fifteen (15) years of age; (2) "Intimate parts" includes semen, vaginal fluid, the primary genital area, groin, inner thigh, buttock or breast of a human being; (3) "Mentally defective" means that a person suffers from a mental disease or defect which renders that person temporarily or permanently incapable of appraising the nature of the person's conduct; (4) "Mentally incapacitated" means that a person is rendered temporarily incapable of appraising or controlling the person's conduct due to the influence of a narcotic, anesthetic or other substance administered to that person without the person's consent, or due to any other act committed upon that person without the person's consent; (5) "Physically helpless" means that a person is unconscious, asleep or for any other reason physically or verbally unable to communicate unwillingness to do an act; (6) "Sexual contact" includes the intentional touching of the victim's, the defendant's, or any other person's intimate parts, or the intentional touching of the clothing covering the immediate area of the victim's, the defendant's, or any other person's intimate parts, if that intentional touching can be reasonably construed as being for the purpose of sexual arousal or gratification; (7) "Sexual penetration" means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of the victim's, the defendant's, or any other person's body, but emission of semen is not required; and (8) "Victim" means the person alleged to have been subjected to criminal sexual conduct and includes the spouse of the defendant. Amended by 2013 Tenn. Acts, ch. 172, s 1, eff. 7/1/2013. Acts 1989, ch. 591, § 1; 1997 , ch. 256, § 2; 2005, ch. 456, § 1.
As used in §§ 39-13-501 - 39-13-511, except as specifically provided in § 39-13-505 , unless the context otherwise requires:
(1) "Coercion" means threat of kidnapping, extortion, force or violence to be performed immediately or in the future or the use of parental, custodial, or official authority over a child less than fifteen (15) years of age;
(2) "Intimate parts" includes semen, vaginal fluid, the primary genital area, groin, inner thigh, buttock or breast of a human being;
(3) "Mentally defective" means that a person suffers from a mental disease or defect which renders that person temporarily or permanently incapable of appraising the nature of the person's conduct;
(4) "Mentally incapacitated" means that a person is rendered temporarily incapable of appraising or controlling the person's conduct due to the influence of a narcotic, anesthetic or other substance administered to that person without the person's consent, or due to any other act committed upon that person without the person's consent;
(5) "Physically helpless" means that a person is unconscious, asleep or for any other reason physically or verbally unable to communicate unwillingness to do an act;
(6) "Sexual contact" includes the intentional touching of the victim's, the defendant's, or any other person's intimate parts, or the intentional touching of the clothing covering the immediate area of the victim's, the defendant's, or any other person's intimate parts, if that intentional touching can be reasonably construed as being for the purpose of sexual arousal or gratification;
(7) "Sexual penetration" means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of the victim's, the defendant's, or any other person's body, but emission of semen is not required; and
(8) "Victim" means the person alleged to have been subjected to criminal sexual conduct and includes the spouse of the defendant.
Amended by 2013 Tenn. Acts, ch. 172, s 1, eff. 7/1/2013.
Acts 1989, ch. 591, § 1; 1997 , ch. 256, § 2; 2005, ch. 456, § 1.
Tenn. Code Ann. § 39-17-1355 — TN Code / Title 39 / Chapter 17 / Section 39-17-1355
Applicability of Uniform Administrative Procedures Act
Status: in_force

The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, applies to the extent it is consistent with the proceedings under §§ 39-17-1353 and 39-17-1354 relating to administrative hearing and judicial review. Acts 1996, ch. 905, § 7.
The Uniform Administrative Procedures Act, compiled in title 4, chapter 5, applies to the extent it is consistent with the proceedings under §§ 39-17-1353 and 39-17-1354 relating to administrative hearing and judicial review.
Acts 1996, ch. 905, § 7.
Tenn. Code Ann. § 39-17-706 — TN Code / Title 39 / Chapter 17 / Section 39-17-706
Manufacture of alcoholic beverages
Status: in_force

(a) It is unlawful for any person, company, or other entity to manufacture intoxicating beverages unless authorized by law to do so; provided, that this section shall not be construed to prohibit the manufacture of alcohol for use as a fuel to power motor-driven vehicles and machinery or for heating purposes or of not less than one hundred eighty-eight (188) proof for chemical, pharmaceutical, medical, and bacteriological purposes. (b) A violation of this section is a Class A misdemeanor. Acts 1989, ch. 591, § 1.
(a) It is unlawful for any person, company, or other entity to manufacture intoxicating beverages unless authorized by law to do so; provided, that this section shall not be construed to prohibit the manufacture of alcohol for use as a fuel to power motor-driven vehicles and machinery or for heating purposes or of not less than one hundred eighty-eight (188) proof for chemical, pharmaceutical, medical, and bacteriological purposes.
(b) A violation of this section is a Class A misdemeanor.
Acts 1989, ch. 591, § 1.
Tenn. Code Ann. § 39-17-1324 — TN Code / Title 39 / Chapter 17 / Section 39-17-1324
Offense of possessing firearm or antique firearm during commission or attempt to commit dangerous felony
Status: in_force

(a) It is an offense to possess a firearm or antique firearm with the intent to go armed during the commission of or attempt to commit a dangerous felony. (b) It is an offense to employ a firearm or antique firearm during the: (1) Commission of a dangerous felony; (2) Attempt to commit a dangerous felony; (3) Flight or escape from the commission of a dangerous felony; or (4) Flight or escape from the attempt to commit a dangerous felony. (c) A person may not be charged with a violation of subsection (a) or (b) if possessing or employing a firearm or antique firearm is an essential element of the underlying dangerous felony as charged. In cases where possession or employing a firearm or antique firearm are elements of the charged offense, the state may elect to prosecute under a lesser offense wherein possession or employing a firearm or antique firearm is not an element of the offense. (d) A violation of subsection (a) or (b) is a specific and separate offense, which shall be pled in a separate count of the indictment or presentment and tried before the same jury and at the same time as the dangerous felony. The jury shall determine the innocence or guilt of the defendant unless the defendant and the state waive the jury. (e) (1) A sentence imposed for a violation of subsection (a) or (b) shall be served consecutive to any other sentence the person is serving at the time of the offense or is sentenced to serve for conviction of the underlying dangerous felony. (2) A person sentenced for a violation of subsection (a) or (b) shall not be eligible for pretrial diversion pursuant to title 40, chapter 15, judicial diversion pursuant to § 40-35-313 , probation pursuant to § 40-35-303 , community correction pursuant to title 40, chapter 36, participation in a drug court program or any other program whereby the person is permitted supervised or unsupervised release into the community prior to service of the entire mandatory minimum sentence imposed less allowable sentence credits earned and retained as provided in § 40-35-501(j) . (f) In a trial for a violation of subsection (a) or (b), where the state is also seeking to have the person sentenced under subdivision (g)(2) or (h)(2), the trier of fact shall first determine whether the person possessed or employed a firearm or antique firearm. If the trier of fact finds in the affirmative, proof of a qualifying prior felony conviction pursuant to this section shall then be presented to the trier of fact. (g) (1) A violation of subsection (a) is a Class D felony, punishable by a mandatory minimum three-year sentence to the department of correction. (2) A violation of subsection (a) is a Class D felony, punishable by a mandatory minimum five-year sentence to the department of correction, if the defendant, at the time of the offense, had a prior felony conviction. (h) (1) A violation of subsection (b) is a Class C felony, punishable by a mandatory minimum six-year sentence to the department of correction. (2) A violation of subsection (b) is a Class C felony, punishable by a mandatory minimum ten-year sentence to the department of correction, if the defendant, at the time of the offense, had a prior felony conviction. (i) As used in this section, unless the context otherwise requires: (1) "Dangerous felony" means: (A) Attempt to commit first degree murder, as defined in §§ 39-12-101 and 39-13-202 ; (B) Attempt to commit second degree murder, as defined in §§ 39-13-210 and 39-12-101 ; (C) Voluntary manslaughter, as defined in § 39-13-211 ; (D) Carjacking, as defined in § 39-13-404 ; (E) Especially aggravated kidnapping, as defined in § 39-13-305 ; (F) Aggravated kidnapping, as defined in § 39-13-304 ; (G) Especially aggravated burglary, as defined in § 39-13-1004 ; (H) Aggravated burglary, as defined in § 39-13-1003 ; (I) Especially aggravated stalking, as defined in § 39-17-315(d) ; (J) Aggravated stalking, as defined in § 39-17-315(c) ; (K) Initiating the process to manufacture methamphetamine, as defined in § 39-17-435 ; (L) A felony involving the sale, manufacture, distribution or possession with intent to sell, manufacture or distribute a controlled substance or controlled substance analogue defined in part 4 of this chapter; or (M) Any attempt, as defined in § 39-12-101 , to commit a dangerous felony; (2) (A) "Prior conviction" means that the person serves and is released or discharged from, or is serving, a separate period of incarceration or supervision for the commission of a dangerous felony prior to or at the time of committing a dangerous felony on or after January 1, 2008; (B) "Prior conviction" includes convictions under the laws of any other state, government or country that, if committed in this state, would constitute a dangerous felony. If a felony offense in a jurisdiction other than Tennessee is not identified as a dangerous felony in this state, it shall be considered a prior conviction if the elements of the felony are the same as the elements for a dangerous felony; and (3) "Separate period of incarceration or supervision" includes a sentence to any of the sentencing alternatives set out in § 40-35-104(c)(3)-(9) . A dangerous felony shall be considered as having been committed after a separate period of incarceration or supervision if the dangerous felony is committed while the person was: (A) On probation, parole or community correction supervision for a dangerous felony; (B) Incarcerated for a dangerous felony; (C) Assigned to a program whereby the person enjoys the privilege of supervised release into the community, including, but not limited to, work release, educational release, restitution release or medical furlough for a dangerous felony; or (D) On escape status from any correctional institution when incarcerated for a dangerous felony. (j) Any person convicted under this section who has a prior conviction under this section shall be sentenced to incarceration with the department of correction for not less than fifteen (15) years. A person sentenced under this subsection (j) shall serve one hundred percent (100%) of the sentence imposed. Amended by 2021 Tenn. Acts, ch. 545, s 9, eff. 7/1/2021. Amended by 2019 Tenn. Acts, ch. 279, s 4, eff. 5/2/2019. Acts 2007 , ch. 594, § 1; 2009 , ch. 583, § 1; 2012 , ch. 848, § 24; 2012 , ch. 950, § 1.
(a) It is an offense to possess a firearm or antique firearm with the intent to go armed during the commission of or attempt to commit a dangerous felony.
(b) It is an offense to employ a firearm or antique firearm during the: (1) Commission of a dangerous felony; (2) Attempt to commit a dangerous felony; (3) Flight or escape from the commission of a dangerous felony; or (4) Flight or escape from the attempt to commit a dangerous felony.
(1) Commission of a dangerous felony;
(2) Attempt to commit a dangerous felony;
(3) Flight or escape from the commission of a dangerous felony; or
(4) Flight or escape from the attempt to commit a dangerous felony.
(c) A person may not be charged with a violation of subsection (a) or (b) if possessing or employing a firearm or antique firearm is an essential element of the underlying dangerous felony as charged. In cases where possession or employing a firearm or antique firearm are elements of the charged offense, the state may elect to prosecute under a lesser offense wherein possession or employing a firearm or antique firearm is not an element of the offense.
(d) A violation of subsection (a) or (b) is a specific and separate offense, which shall be pled in a separate count of the indictment or presentment and tried before the same jury and at the same time as the dangerous felony. The jury shall determine the innocence or guilt of the defendant unless the defendant and the state waive the jury.
(e) (1) A sentence imposed for a violation of subsection (a) or (b) shall be served consecutive to any other sentence the person is serving at the time of the offense or is sentenced to serve for conviction of the underlying dangerous felony. (2) A person sentenced for a violation of subsection (a) or (b) shall not be eligible for pretrial diversion pursuant to title 40, chapter 15, judicial diversion pursuant to § 40-35-313 , probation pursuant to § 40-35-303 , community correction pursuant to title 40, chapter 36, participation in a drug court program or any other program whereby the person is permitted supervised or unsupervised release into the community prior to service of the entire mandatory minimum sentence imposed less allowable sentence credits earned and retained as provided in § 40-35-501(j) .
(1) A sentence imposed for a violation of subsection (a) or (b) shall be served consecutive to any other sentence the person is serving at the time of the offense or is sentenced to serve for conviction of the underlying dangerous felony.
(2) A person sentenced for a violation of subsection (a) or (b) shall not be eligible for pretrial diversion pursuant to title 40, chapter 15, judicial diversion pursuant to § 40-35-313 , probation pursuant to § 40-35-303 , community correction pursuant to title 40, chapter 36, participation in a drug court program or any other program whereby the person is permitted supervised or unsupervised release into the community prior to service of the entire mandatory minimum sentence imposed less allowable sentence credits earned and retained as provided in § 40-35-501(j) .
(f) In a trial for a violation of subsection (a) or (b), where the state is also seeking to have the person sentenced under subdivision (g)(2) or (h)(2), the trier of fact shall first determine whether the person possessed or employed a firearm or antique firearm. If the trier of fact finds in the affirmative, proof of a qualifying prior felony conviction pursuant to this section shall then be presented to the trier of fact.
(g) (1) A violation of subsection (a) is a Class D felony, punishable by a mandatory minimum three-year sentence to the department of correction. (2) A violation of subsection (a) is a Class D felony, punishable by a mandatory minimum five-year sentence to the department of correction, if the defendant, at the time of the offense, had a prior felony conviction.
(1) A violation of subsection (a) is a Class D felony, punishable by a mandatory minimum three-year sentence to the department of correction.
(2) A violation of subsection (a) is a Class D felony, punishable by a mandatory minimum five-year sentence to the department of correction, if the defendant, at the time of the offense, had a prior felony conviction.
(h) (1) A violation of subsection (b) is a Class C felony, punishable by a mandatory minimum six-year sentence to the department of correction. (2) A violation of subsection (b) is a Class C felony, punishable by a mandatory minimum ten-year sentence to the department of correction, if the defendant, at the time of the offense, had a prior felony conviction.
(1) A violation of subsection (b) is a Class C felony, punishable by a mandatory minimum six-year sentence to the department of correction.
(2) A violation of subsection (b) is a Class C felony, punishable by a mandatory minimum ten-year sentence to the department of correction, if the defendant, at the time of the offense, had a prior felony conviction.
(i) As used in this section, unless the context otherwise requires: (1) "Dangerous felony" means: (A) Attempt to commit first degree murder, as defined in §§ 39-12-101 and 39-13-202 ; (B) Attempt to commit second degree murder, as defined in §§ 39-13-210 and 39-12-101 ; (C) Voluntary manslaughter, as defined in § 39-13-211 ; (D) Carjacking, as defined in § 39-13-404 ; (E) Especially aggravated kidnapping, as defined in § 39-13-305 ; (F) Aggravated kidnapping, as defined in § 39-13-304 ; (G) Especially aggravated burglary, as defined in § 39-13-1004 ; (H) Aggravated burglary, as defined in § 39-13-1003 ; (I) Especially aggravated stalking, as defined in § 39-17-315(d) ; (J) Aggravated stalking, as defined in § 39-17-315(c) ; (K) Initiating the process to manufacture methamphetamine, as defined in § 39-17-435 ; (L) A felony involving the sale, manufacture, distribution or possession with intent to sell, manufacture or distribute a controlled substance or controlled substance analogue defined in part 4 of this chapter; or (M) Any attempt, as defined in § 39-12-101 , to commit a dangerous felony; (2) (A) "Prior conviction" means that the person serves and is released or discharged from, or is serving, a separate period of incarceration or supervision for the commission of a dangerous felony prior to or at the time of committing a dangerous felony on or after January 1, 2008; (B) "Prior conviction" includes convictions under the laws of any other state, government or country that, if committed in this state, would constitute a dangerous felony. If a felony offense in a jurisdiction other than Tennessee is not identified as a dangerous felony in this state, it shall be considered a prior conviction if the elements of the felony are the same as the elements for a dangerous felony; and (3) "Separate period of incarceration or supervision" includes a sentence to any of the sentencing alternatives set out in § 40-35-104(c)(3)-(9) . A dangerous felony shall be considered as having been committed after a separate period of incarceration or supervision if the dangerous felony is committed while the person was: (A) On probation, parole or community correction supervision for a dangerous felony; (B) Incarcerated for a dangerous felony; (C) Assigned to a program whereby the person enjoys the privilege of supervised release into the community, including, but not limited to, work release, educational release, restitution release or medical furlough for a dangerous felony; or (D) On escape status from any correctional institution when incarcerated for a dangerous felony.
(1) "Dangerous felony" means: (A) Attempt to commit first degree murder, as defined in §§ 39-12-101 and 39-13-202 ; (B) Attempt to commit second degree murder, as defined in §§ 39-13-210 and 39-12-101 ; (C) Voluntary manslaughter, as defined in § 39-13-211 ; (D) Carjacking, as defined in § 39-13-404 ; (E) Especially aggravated kidnapping, as defined in § 39-13-305 ; (F) Aggravated kidnapping, as defined in § 39-13-304 ; (G) Especially aggravated burglary, as defined in § 39-13-1004 ; (H) Aggravated burglary, as defined in § 39-13-1003 ; (I) Especially aggravated stalking, as defined in § 39-17-315(d) ; (J) Aggravated stalking, as defined in § 39-17-315(c) ; (K) Initiating the process to manufacture methamphetamine, as defined in § 39-17-435 ; (L) A felony involving the sale, manufacture, distribution or possession with intent to sell, manufacture or distribute a controlled substance or controlled substance analogue defined in part 4 of this chapter; or (M) Any attempt, as defined in § 39-12-101 , to commit a dangerous felony;
(A) Attempt to commit first degree murder, as defined in §§ 39-12-101 and 39-13-202 ;
(B) Attempt to commit second degree murder, as defined in §§ 39-13-210 and 39-12-101 ;
(C) Voluntary manslaughter, as defined in § 39-13-211 ;
(D) Carjacking, as defined in § 39-13-404 ;
(E) Especially aggravated kidnapping, as defined in § 39-13-305 ;
(F) Aggravated kidnapping, as defined in § 39-13-304 ;
(G) Especially aggravated burglary, as defined in § 39-13-1004 ;
(H) Aggravated burglary, as defined in § 39-13-1003 ;
(I) Especially aggravated stalking, as defined in § 39-17-315(d) ;
(J) Aggravated stalking, as defined in § 39-17-315(c) ;
(K) Initiating the process to manufacture methamphetamine, as defined in § 39-17-435 ;
(L) A felony involving the sale, manufacture, distribution or possession with intent to sell, manufacture or distribute a controlled substance or controlled substance analogue defined in part 4 of this chapter; or
(M) Any attempt, as defined in § 39-12-101 , to commit a dangerous felony;
(2) (A) "Prior conviction" means that the person serves and is released or discharged from, or is serving, a separate period of incarceration or supervision for the commission of a dangerous felony prior to or at the time of committing a dangerous felony on or after January 1, 2008; (B) "Prior conviction" includes convictions under the laws of any other state, government or country that, if committed in this state, would constitute a dangerous felony. If a felony offense in a jurisdiction other than Tennessee is not identified as a dangerous felony in this state, it shall be considered a prior conviction if the elements of the felony are the same as the elements for a dangerous felony; and
(A) "Prior conviction" means that the person serves and is released or discharged from, or is serving, a separate period of incarceration or supervision for the commission of a dangerous felony prior to or at the time of committing a dangerous felony on or after January 1, 2008;
(B) "Prior conviction" includes convictions under the laws of any other state, government or country that, if committed in this state, would constitute a dangerous felony. If a felony offense in a jurisdiction other than Tennessee is not identified as a dangerous felony in this state, it shall be considered a prior conviction if the elements of the felony are the same as the elements for a dangerous felony; and
(3) "Separate period of incarceration or supervision" includes a sentence to any of the sentencing alternatives set out in § 40-35-104(c)(3)-(9) . A dangerous felony shall be considered as having been committed after a separate period of incarceration or supervision if the dangerous felony is committed while the person was: (A) On probation, parole or community correction supervision for a dangerous felony; (B) Incarcerated for a dangerous felony; (C) Assigned to a program whereby the person enjoys the privilege of supervised release into the community, including, but not limited to, work release, educational release, restitution release or medical furlough for a dangerous felony; or (D) On escape status from any correctional institution when incarcerated for a dangerous felony.
(A) On probation, parole or community correction supervision for a dangerous felony;
(B) Incarcerated for a dangerous felony;
(C) Assigned to a program whereby the person enjoys the privilege of supervised release into the community, including, but not limited to, work release, educational release, restitution release or medical furlough for a dangerous felony; or
(D) On escape status from any correctional institution when incarcerated for a dangerous felony.
(j) Any person convicted under this section who has a prior conviction under this section shall be sentenced to incarceration with the department of correction for not less than fifteen (15) years. A person sentenced under this subsection (j) shall serve one hundred percent (100%) of the sentence imposed.
Amended by 2021 Tenn. Acts, ch. 545, s 9, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 279, s 4, eff. 5/2/2019.
Acts 2007 , ch. 594, § 1; 2009 , ch. 583, § 1; 2012 , ch. 848, § 24; 2012 , ch. 950, § 1.