reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 15 - PREVENTION OF YOUTH ACCESS TO TOBACCO AND ELECTRONIC CIGARETTES ACT (§§ 39-17-1501 — 39-17-1551) › Section 39-17-1510 - Criminal penalties

A person who violates §
39-17-1504
, §
39-17-1506
, §
39-17-1507
, or §
39-17-1508
commits a Class C misdemeanor.
Acts 1999, ch. 354, § 13.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 15 - PREVENTION OF YOUTH ACCESS TO TOBACCO AND ELECTRONIC CIGARETTES ACT (§§ 39-17-1501 — 39-17-1551) › Section 39-17-1511 - Maintenance of smoking paraphernalia in area inaccessible to customers

(a)
For the purpose of this section:
(1)
"Counter" means the point of purchase at a retail establishment;
(2)
"Retail establishment" means a place of business open to the general public for the sale of goods or services; and
(3)
"Smoking paraphernalia" means:
(A)
A cigarette holder;
(B)
A smoking pipe made of metal, wood, acrylic, glass, stone, or plastic with or without screens, permanent screens, hashish heads or punctured metal bowls;
(C)
A water pipe;
(D)
Rose and pen combinations; or
(E)
Vapor products; and
(4)
"Smoking paraphernalia" does not include a smoking pipe or smoking device when sold at retail, if the smoking pipe or smoking device is primarily made of briar, meerschaum, clay or corn cob.
(b)
All smoking paraphernalia shall be maintained behind the counter of a retail establishment in an area inaccessible to a customer or in a locked display case that makes the products unavailable to a customer without the assistance of an employee.
(c)
(1)
A violation of this section is punishable as provided in §
39-17-1509
.
(2)
If smoking paraphernalia is sold in violation of this section by an employee, the owner or operator of the retail establishment where the employee sold the products shall be in violation of this section.
Amended by 2020 Tenn. Acts, ch. 732, s 21, eff. 1/1/2021.
Added by 2013 Tenn. Acts, ch. 194, s 1, eff. 7/1/2013.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 15 - PREVENTION OF YOUTH ACCESS TO TOBACCO AND ELECTRONIC CIGARETTES ACT (§§ 39-17-1501 — 39-17-1551) › Section 39-17-1512 - Liquid nicotine containers to satisfy federal child-resistant effectiveness standards

(a)
As used in this section, "liquid nicotine container":
(1)
Means a bottle or other container that contains liquid nicotine or any other substance containing nicotine, where the liquid or other substance is sold, marketed, or intended for use in a vapor product; and
(2)
Does not include a liquid or other substance containing nicotine in a cartridge that is sold, marketed, or intended for use in a vapor product; provided, that such cartridge is prefilled and sealed by the manufacturer, and not intended to be opened by the consumer.
(b)
Unless specifically preempted by federal law, a liquid nicotine container used in conjunction with a vapor product that is sold at retail in this state shall satisfy the child-resistant effectiveness standards under
16 CFR 1700.15(b)(1)
when tested in accordance with the requirements of
16 CFR 1700.20
.
Added by 2015 Tenn. Acts, ch. 353,s 13, eff. 5/4/2015.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 15 - PREVENTION OF YOUTH ACCESS TO TOBACCO AND ELECTRONIC CIGARETTES ACT (§§ 39-17-1501 — 39-17-1551) › Section 39-17-1513 - Department of agriculture encouraged to study effects of sale and distribution of vapor products to persons under 21

The department of agriculture is urged to study the effects of the sale and distribution of vapor products to persons under twenty-one (21) years of age and is encouraged to make recommendations to the legislature with regard to reducing such sale and distribution.
Added by 2015 Tenn. Acts, ch. 353,s 14, eff. 5/4/2015.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 16 - CHILDREN'S ACT FOR CLEAN INDOOR AIR (§§ 39-17-1601 — 39-17-1606) › Section 39-17-1601 - Short title

This part shall be known and may be cited as the "Children's Act for Clean Indoor Air."
Acts 1995, ch. 455, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 16 - CHILDREN'S ACT FOR CLEAN INDOOR AIR (§§ 39-17-1601 — 39-17-1606) › Section 39-17-1602 - Purpose

It is the intention of the general assembly that this part reduce the extent to which children are exposed to environmental tobacco smoke in facilities where children's services are provided.
Acts 1995, ch. 455, § 2.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 16 - CHILDREN'S ACT FOR CLEAN INDOOR AIR (§§ 39-17-1601 — 39-17-1606) › Section 39-17-1603 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Children" means individuals who have not attained eighteen (18) years of age;
(2)
"Community center" means any center operated by any city or county government that is used for children's activities;
(3)
"Day care center" means any place, operated by a person, society, agency, corporation, institution or religious organization, or any other group wherein are received thirteen (13) or more children for group care for less than twenty-four (24) hours per day without transfer of custody;
(4)
"Designated smoking area" means an enclosed indoor area or an outdoor area in which smoking is permitted pursuant to this part. If indoors, the smoking area shall be clearly demarcated and separate from any area in which smoking is not permitted, and shall not include more than twenty-five percent (25%) of the area of the building. The indoor smoking area shall be a fully enclosed area;
(5)
"Group care home" means a home operated by any person, society, agency, corporation, or institution or any group which receives seven (7) or more children for full-time care outside their own homes in facilities owned or rented and operated by the organization;
(6)
"Museum" means those indoor museums and art galleries owned or operated by the state or any political subdivision of the state, and those museums, historical societies, and art galleries owned and operated by not-for-profit corporations;
(7)
"Residential treatment facility" means a residential treatment facility licensed under title 33, chapter 2, part 4;
(8)
"School grounds" means any building, structure, and surrounding outdoor grounds contained within a public or private preschool, nursery school, kindergarten, elementary or secondary school's legally defined property boundaries as registered in a county register's office, and any publicly owned or leased vehicle used to transport children to or from school or any officially sanctioned or organized school event;
(9)
"Smoking" means the burning of a lighted cigarette, cigar, pipe or any other substance containing tobacco;
(10)
"Vapor product" has the same meaning as defined in §
39-17-1503
;
(11)
"Youth development center" means a center established under title 37, chapter 5, part 2, for the detention, treatment, rehabilitation and education of children found to be delinquent; and
(12)
"Zoo" means any indoor area open to the public for the purpose of viewing animals.
Amended by 2019 Tenn. Acts, ch. 144,s 2, eff. 4/17/2019.
Acts 1995, ch. 455, § 3; 2000, ch. 947, § 8L.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 16 - CHILDREN'S ACT FOR CLEAN INDOOR AIR (§§ 39-17-1601 — 39-17-1606) › Section 39-17-1604 - Places where smoking and use of vapor products is prohibited

Smoking or the use of vapor products is not permitted, and no person shall smoke or use vapor products, in the following places:
(1)
Child care centers; provided, that the prohibition of this section does not apply to child care services provided in a private home. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access. However, the child care center shall give written notification to the parent or legal guardian upon enrollment if the child care center has an indoor area designated for smoking or the use of vapor products;
(2)
Any room or area in a community center while the room or area is being used for children's activities;
(3)
Group care homes. Adults may smoke or use vapor products in any fully enclosed adult staff residential quarters contained within a group care home, but not in the presence of children who reside as clients in the group care home;
(4)
Healthcare facilities, excluding nursing home facilities. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access, and adults may be permitted to smoke or use vapor products outside the facility;
(5)
Museums, except when used after normal operating hours for private functions not attended by children. Adult staff members may be permitted to smoke or use vapor products while at work in designated smoking areas to which children are not allowed access;
(6)
All public and private kindergartens and elementary and secondary schools. Adult staff members may be permitted to smoke or use vapor products outdoors but not within one hundred feet (100') of any entrance to any building. Adults may also smoke or use vapor products in any fully enclosed adult staff residential quarters but not in the presence of children attending the school;
(7)
Residential treatment facilities for children and youth. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access;
(8)
Youth development centers and facilities. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access;
(9)
Zoos. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access; and
(10)
School grounds, including any public seating areas, such as bleachers used for sporting events, or public restrooms.
Amended by 2019 Tenn. Acts, ch. 144,s 3, eff. 4/17/2019.
Acts 1995, ch. 455, § 4; 2000, ch. 981, § 62.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 16 - CHILDREN'S ACT FOR CLEAN INDOOR AIR (§§ 39-17-1601 — 39-17-1606) › Section 39-17-1605 - "No smoking" signs - Posting notice

(a)
"No Smoking" signs, or the international "No Smoking" symbol, which consists of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it, shall be prominently posted and properly maintained on each main building entrance where smoking is regulated by this part. The "No Smoking" signs or "No Smoking" symbols shall be prominently displayed throughout the building to ensure that the public is aware of the restriction.
(b)
The following notice shall be prominently posted, including at each ticket booth, for elementary or secondary school sporting events:
"Smoking is prohibited by law in seating areas and in restrooms."
Acts 1995, ch. 455, § 5.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 16 - CHILDREN'S ACT FOR CLEAN INDOOR AIR (§§ 39-17-1601 — 39-17-1606) › Section 39-17-1606 - Penalty - Enforcement

(a)
An institution violating this part or failing to take reasonable measures to enforce this part commits a Class B misdemeanor, punishable only by a fine not to exceed five hundred dollars ($500).
(b)
Any law enforcement officer may issue a citation regarding a violation of this part.
Acts 1995, ch. 455, § 6.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 17 - CHILD CURFEW (§§ 39-17-1701 — 39-17-1704) › Section 39-17-1701 - Short title

This part shall be known and may be cited as the "Child Curfew Act of 1995."
Acts 1995, ch. 314, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 17 - CHILD CURFEW (§§ 39-17-1701 — 39-17-1704) › Section 39-17-1703 - Applicability upon adoption of part

(a)
This part shall apply upon the adoption of a resolution or ordinance by a two-thirds (2/3) vote of the appropriate legislative body of any:
(1)
County having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census;
(2)
County having a population of not less than twenty-eight thousand one hundred (28,100) nor more than twenty-eight thousand two hundred (28,200), according to the 2000 federal census or any subsequent federal census; or
(3)
Municipality in any county referenced in subdivision (a)(1) or (a)(2).
(b)
Section
39-17-1702
shall not apply to a municipality that has a more stringent curfew ordinance.
Acts 1995, ch. 314, § 3; 1999, ch. 31, § 1; 2002, ch. 507, § 1; 2007, ch. 67, § 1; 2007, ch. 586, § 4.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 17 - CHILD CURFEW (§§ 39-17-1701 — 39-17-1704) › Section 39-17-1704 - Authorization to adopt municipal curfew

The county legislative body of any county having a population of not less than three hundred eighty-two thousand (382,000) nor more than three hundred eighty-two thousand one hundred (382,100), according to the 2000 federal census or any subsequent federal census, is authorized to adopt by a two-thirds (2/3) vote a curfew identical to that which a municipality located within that county has previously adopted by ordinance.
Acts 2002, ch. 507, § 2.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 18 - NON-SMOKER PROTECTION ACT (§§ 39-17-1801 — 39-17-1812) › Section 39-17-1801 - Short title

This part shall be known and may be cited as the "Non-Smoker Protection Act."
Acts 2007, ch. 410, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 18 - NON-SMOKER PROTECTION ACT (§§ 39-17-1801 — 39-17-1812) › Section 39-17-1803 - Places where smoking is prohibited

(a)
Smoking is prohibited in all enclosed public places within this state, including, but not limited to, the following places:
(1)
Aquariums, galleries, libraries, and museums;
(2)
Areas available to and customarily used by the general public in businesses and nonprofit entities patronized by the public, including, but not limited to, banks, laundromats, factories, professional offices, and retail service establishments;
(3)
Child care and adult day care facilities;
(4)
Convention facilities;
(5)
Educational facilities, both public and private, except as provided by §
49-7-135
;
(6)
Elevators;
(7)
Health care facilities;
(8)
Hotels and motels;
(9)
Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;
(10)
Polling places;
(11)
Public and private transportation facilities, including trains, buses, taxicabs and airports under the authority of state or local governments, and ticket, boarding, and waiting areas of public transit depots;
(12)
Restaurants;
(13)
Restrooms, lobbies, reception areas, hallways, and other common-use areas;
(14)
Retail stores;
(15)
Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of this state or a political subdivision of the state, to the extent the place is subject to the jurisdiction of the state;
(16)
Service lines;
(17)
Shopping malls;
(18)
Sports arenas, including enclosed public places in outdoor arenas; and
(19)
Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances.
(b)
This prohibition on smoking shall be communicated to all existing employees and to all prospective employees upon their application of employment.
Amended by 2017 Tenn. Acts, ch. 161,s 2, eff. 4/24/2017.
Acts 2007, ch. 410, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 18 - NON-SMOKER PROTECTION ACT (§§ 39-17-1801 — 39-17-1812) › Section 39-17-1805 - Posting of nonsmoking areas

(a)
"No Smoking" signs or the international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly and conspicuously posted at every entrance to every public place and place of employment where smoking is prohibited by this part by the owner, operator, manager, or other person in control of that place.
(b)
This section shall not apply to a place of worship.
Acts 2007, ch. 410, § 1; 2008, ch. 897, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 18 - NON-SMOKER PROTECTION ACT (§§ 39-17-1801 — 39-17-1812) › Section 39-17-1806 - Enforcement - Notice - Complaints - Inspections - Informing violators

(a)
This part shall be enforced by the department of health in those enclosed public places otherwise regulated by the department. This part shall be enforced by the department of labor and workforce development in those enclosed public places otherwise regulated by the department. If neither department otherwise regulates an enclosed public place where smoking is prohibited pursuant to this part, the department of labor and workforce development shall enforce this part. The commissioner of health or the commissioner of labor and workforce development may apply for injunctive relief to enforce this part in any court of competent jurisdiction.
(b)
Notice of the provisions of this part shall be given to all applicants for a business license pursuant to title 67, chapter 4, part 7.
(c)
Any person who desires to register a complaint under this part may initiate the complaint with the department of health or the department of labor and workforce development, or both.
(d)
The department of health and the department of labor and workforce development shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this part.
(e)
An owner, manager, operator, or employee of an establishment regulated by this part shall inform persons violating this part of the appropriate provisions of this part.
Acts 2007, ch. 410, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 18 - NON-SMOKER PROTECTION ACT (§§ 39-17-1801 — 39-17-1812) › Section 39-17-1807 - Penalties

(a)
A person who knowingly smokes in an area where smoking is prohibited by this part shall be subject only to a civil penalty of fifty dollars ($50.00).
(b)
A person who owns, manages, operates or otherwise controls any public place where smoking is prohibited pursuant to this part and who knowingly fails to comply with any provision of this part shall be subject to the following:
(1)
For a first violation in any twelve-month period, a written warning from the department of health or department of labor and workforce development, as appropriate;
(2)
For a second violation in any twelve-month period, a civil penalty of one hundred dollars ($100); and
(3)
For a third or subsequent violation in any twelve-month period, a civil penalty of five hundred dollars ($500).
(c)
Each day on which a knowing violation of this part occurs shall be considered a separate and distinct violation.
Acts 2007, ch. 410, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 18 - NON-SMOKER PROTECTION ACT (§§ 39-17-1801 — 39-17-1812) › Section 39-17-1808 - Continuing program to explain and clarify

The department of health and the department of labor and workforce development shall engage in a continuing program to explain and clarify the purposes and requirements of this part to all persons affected by this part.
Acts 2007, ch. 410, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 18 - NON-SMOKER PROTECTION ACT (§§ 39-17-1801 — 39-17-1812) › Section 39-17-1809 - Local operating procedures

The commissioner of health and the commissioner of labor and workforce development shall annually request other governmental and educational agencies to establish local operating procedures in cooperation and compliance with this part.
Acts 2007, ch. 410, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 18 - NON-SMOKER PROTECTION ACT (§§ 39-17-1801 — 39-17-1812) › Section 39-17-1810 - Construction with other laws

This part shall not be construed to permit smoking where it is otherwise restricted by other applicable laws.
Acts 2007, ch. 410, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 18 - NON-SMOKER PROTECTION ACT (§§ 39-17-1801 — 39-17-1812) › Section 39-17-1811 - Rules and regulations

(a)
The department of health, in consultation with the department of labor and workforce development, is authorized to promulgate rules and regulations to effectuate this part.
(b)
The department of labor and workforce development, in consultation with the department of health, is authorized to promulgate rules and regulations to effectuate this part.
Acts 2007, ch. 410, § 2.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812) › Part 18 - NON-SMOKER PROTECTION ACT (§§ 39-17-1801 — 39-17-1812) › Section 39-17-1812 - Liberal construction

This part shall be liberally construed so as to further its purposes.
Acts 2007, ch. 410, § 3.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 1 - JURISDICTION AND VENUE (§§ 40-1-101 — 40-1-111) › Section 40-1-104 - Fraudulent sale of pledged property

Where cotton, tobacco, produce or other personal property is sold or pledged in violation of §
39-14-116
, the courts in the county where the office or place of business of the person or persons having made advances on the produce or property is situated shall have jurisdiction of the cases arising under §
39-14-116
, and of the person violating it.
Acts 1879, ch. 131, § 2; Shan., § 6587; Code 1932, §10971; modified; T.C.A. (orig. ed.), § 40-111.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 1 - JURISDICTION AND VENUE (§§ 40-1-101 — 40-1-111) › Section 40-1-105 - False affidavit to obtain parole or pardon

The venue in case of a violation of §
39-16-703
in making a misstatement of fact in an affidavit used or intended to be used in securing a parole or pardon for any misdemeanant or felon in this state shall be in the county where the affidavit was made, if it was made in any county in Tennessee, and also in the county of this state where the officer or board has its place of business. In case the affidavit is made before some officer outside the limits of this state, then the venue shall be the county in this state where the officer or board with whom the affidavit is filed has its regular place of business.
Acts 1919, ch. 73, § 2; Shan. Supp., § 6700a2; Code 1932, § 11079; modified; T.C.A. (orig. ed.), § 40-113.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 1 - JURISDICTION AND VENUE (§§ 40-1-101 — 40-1-111) › Section 40-1-106 - Officials defined as magistrates

The judges of the supreme, appellate, chancery, circuit, general sessions and juvenile courts throughout the state, judicial commissioners and county mayors in those officers' respective counties, and the presiding officer of any municipal or city court within the limit of their respective corporations, are magistrates within the meaning of this title. The judges of chancery and circuit courts have statewide jurisdiction to issue search warrants pursuant to chapter 6, part 1 of this title in any district. All other magistrates have statewide jurisdiction to issue search warrants pursuant to chapter 6, part 1 of this title in any district, county, or jurisdiction, if at least one (1) element of the alleged crime on which the search warrant is based is committed within the jurisdiction of the magistrate.
Amended by 2024 Tenn. Acts, ch. 892,s 2, eff. 5/1/2024.
Amended by 2019 Tenn. Acts, ch. 486, s 14, eff. 7/1/2019.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 1 - JURISDICTION AND VENUE (§§ 40-1-101 — 40-1-111) › Section 40-1-107 - Courts vested with original jurisdiction

Original jurisdiction of criminal actions is committed to the courts of general sessions, city judges of certain towns and cities, the circuit courts, the criminal courts and the court for the trial of impeachments.
Amended by 2018 Tenn. Acts, ch. 1046, s 3, eff. 7/1/2018.
Code 1858, §4965; Shan., § 6926; Code 1932, §11466; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-115; Acts 1993, ch. 115, § 4.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 1 - JURISDICTION AND VENUE (§§ 40-1-101 — 40-1-111) › Section 40-1-108 - Original jurisdiction of circuit and criminal courts

The circuit and criminal courts have original jurisdiction of all criminal matters not exclusively conferred by law on some other tribunal.
Code 1858, §4967; Shan., § 6928; Code 1932, § 11467; T.C.A. (orig. ed.), § 40-116.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 1 - JURISDICTION AND VENUE (§§ 40-1-101 — 40-1-111) › Section 40-1-109 - Jurisdiction of general sessions courts

In addition to the jurisdiction in criminal cases as conferred in §§
16-15-401
and
16-15-501
, the court of general sessions is vested with jurisdiction to try and determine and render final judgment in all misdemeanor cases brought before the court by warrant or information where the person charged with the misdemeanor enters a plea of guilty in writing or requests a trial upon the merits and expressly waives an indictment, presentment, grand jury investigation and jury trial. The waiver shall be in writing as provided in Rule 5 of the Tennessee Rules of Criminal Procedure. In such cases, the trial shall proceed before the court without the intervention of a jury, and the court shall enter judgment, and, as an incident thereto, may inflict punishment within the limits provided by law for the particular offense as the court may determine proper under the peculiar circumstances of the case.
Code 1858, §4969; Shan., § 6930; mod. Code 1932, § 11469; Acts 1959, ch. 109, § 5; 1967, ch. 360, § 1; 1969, ch. 214, §1; impl. am. Acts 1979, ch. 68, §3; T.C.A. (orig. ed.), §§40-117, 40-118; Acts 1983, ch. 334, § 1; 1993, ch. 241, § 56.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 1 - JURISDICTION AND VENUE (§§ 40-1-101 — 40-1-111) › Section 40-1-110 - Judicial acts of general sessions judges

The judges of the courts of general sessions and other similar courts created by statute throughout the state are authorized to issue any and all process in connection with criminal cases disposed of by them and to do all other judicial acts necessary to effectuate the judgments rendered by them in such cases.
Acts 1955, ch. 267, § 2; T.C.A., § 40-119.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 2 - LIMITATION OF PROSECUTIONS (§§ 40-2-101 — 40-2-106) › Section 40-2-102 - Misdemeanors

(a)
Except as provided in §
62-18-120(g)
and subsection (b) of this section, all prosecutions for misdemeanors shall be commenced within the twelve (12) months after the offense has been committed, except gaming, which shall be commenced within six (6) months.
(b)
Prosecutions under §
39-16-301
for criminal impersonation accomplished through the use of a fraudulently obtained driver license shall be commenced within one (1) year of the date the driver license expires or within three (3) years of the date the nonexpired driver license was last used to falsely impersonate the person in whose name the driver license was issued, whichever is longer.
Code 1858, § 4983 (deriv. Acts 1831, ch. 82); Shan., § 6942; mod. Code 1932, §11484; T.C.A. (orig. ed.), § 40-204; Acts 1985, ch. 146, §1; 1999, ch. 374, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 2 - LIMITATION OF PROSECUTIONS (§§ 40-2-101 — 40-2-106) › Section 40-2-103 - Period of concealment of crime or absence from state

No period during which the party charged conceals the fact of the crime, or during which the party charged was not usually and publicly resident within the state, is included in the period of limitation.
Code 1858, §4988; Shan., § 6947; mod. Code 1932, § 11488; T.C.A. (orig. ed.), § 40-205.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 2 - LIMITATION OF PROSECUTIONS (§§ 40-2-101 — 40-2-106) › Section 40-2-104 - Commencement of prosecution

A prosecution is commenced, within the meaning of this chapter, by finding an indictment or presentment, the issuing of a warrant, the issuing of a juvenile petition alleging a delinquent act, binding over the offender, by the filing of an information as provided for in chapter 3 of this title, or by making an appearance in person or through counsel in general sessions or any municipal court for the purpose of continuing the matter or any other appearance in either court for any purpose involving the offense. A prosecution is also commenced, within the meaning of this chapter, by finding an indictment or presentment or the issuing of a warrant identifying the offender by a deoxyribonucleic acid (DNA) profile.
Amended by 2013 Tenn. Acts, ch. 205, s 1, eff. 7/1/2013.
Code 1858, §4987; Shan., § 6946; mod. Code 1932, § 11485; Acts 1975, ch. 258, § 4; 1977, ch. 179, §§ 1, 2; T.C.A. (orig. ed.), §40-206; Acts 2007 , ch. 4, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 2 - LIMITATION OF PROSECUTIONS (§§ 40-2-101 — 40-2-106) › Section 40-2-105 - Suspension of statute because of irregularities in prosecution

When the judgment is arrested, or the indictment or presentment quashed for any defect in the indictment or presentment, or for the reason that it was not found by a grand jury regularly organized, or because it charged no offense, or for any other cause, or when the prosecution is dismissed because of a variance between the allegations of the indictment or presentment and the evidence, and a new indictment or presentment is ordered to be preferred, the time elapsing between the preferring of the first charge, indictment or presentment and the next subsequent term of court must be deducted from the time limited for the prosecution of the offense last charged.
Code 1932, § 11486; T.C.A. (orig. ed.), § 40-207.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 2 - LIMITATION OF PROSECUTIONS (§§ 40-2-101 — 40-2-106) › Section 40-2-106 - Suspension on reversal

When an indictment or presentment is quashed, or the proceedings on the indictment or presentment are set aside, or reversed on writ of error, the time during the pendency of the indictment or presentment so quashed, set aside or reversed shall not be reckoned within the time limited by this chapter, so as to bar any new indictment or presentment for the same offense.
Code 1932, § 11487; T.C.A. (orig. ed.), § 40-208.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 3 - METHODS OF PROSECUTION (§§ 40-3-101 — 40-3-210) › Part 1 - GENERAL PROVISIONS (§§ 40-3-101 — 40-3-105) › Section 40-3-101 - Methods enumerated

No person shall be put to answer any criminal charge, but by presentment, indictment or impeachment; provided, that, in accordance with this chapter, an accused represented by an attorney may waive the right to be tried upon presentment or indictment and consent to prosecution by information.
Code 1858, § 4989; Shan., § 6948; mod. Code 1932, § 11489; Acts 1975, ch. 258, § 1; T.C.A. (orig. ed.), § 40-301.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 3 - METHODS OF PROSECUTION (§§ 40-3-101 — 40-3-210) › Part 1 - GENERAL PROVISIONS (§§ 40-3-101 — 40-3-105) › Section 40-3-102 - Indictment or presentment

All violations of the criminal laws may be prosecuted by indictment or presentment of a grand jury, and a presentment may be made upon the information of any one (1) of the grand jury.
Code 1858, § 4990 (deriv. Acts 1841-1842, ch. 141, § 4); Shan., § 6949; Code 1932, § 11490; T.C.A. (orig. ed.), § 40-302.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 3 - METHODS OF PROSECUTION (§§ 40-3-101 — 40-3-210) › Part 1 - GENERAL PROVISIONS (§§ 40-3-101 — 40-3-105) › Section 40-3-103 - Information

(a)
All violations of the criminal laws may, with the consent of the accused and the accused's attorney and of the court, be prosecuted upon the filing of an information.
(b)
"Information" means a written statement by a district attorney general charging a person with the commission of a criminal offense.
(c)
(1)
It is the mandatory duty of the court, before consenting to a prosecution by information, to advise the accused in the presence of the accused's attorney of the accused's constitutional right to be tried only upon presentment or indictment of the grand jury of the accused's peers.
(2)
Upon the accused's agreeing in writing in the presence of the accused's attorney to waive such right, the court may proceed in all respects as in cases prosecuted by indictment or presentment.
(3)
The written waiver required in subdivision (c)(2) shall be attached to and become a part of the information.
Acts 1975, ch. 258, §§ 2, 3; T.C.A., §§ 40-306, 40-307.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 3 - METHODS OF PROSECUTION (§§ 40-3-101 — 40-3-210) › Part 1 - GENERAL PROVISIONS (§§ 40-3-101 — 40-3-105) › Section 40-3-104 - Actions in name of state

All criminal actions are prosecuted in the name of the state of Tennessee against the party charged with the offense.
Code 1858, § 4991; Shan., § 6950; Code 1932, § 11491; T.C.A. (orig. ed.), § 40-303.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 3 - METHODS OF PROSECUTION (§§ 40-3-101 — 40-3-210) › Part 1 - GENERAL PROVISIONS (§§ 40-3-101 — 40-3-105) › Section 40-3-105 - Prosecution for same offense in both state and municipal court prohibited

(a)
Whenever the commission of any act or the omission to act under certain circumstances constitutes both a violation of state law and a violation of municipal law, notwithstanding the fact that different penalties are provided, no person shall be prosecuted in both a state court and a municipal court for the same offense.
(b)
A dismissal on the merits, acquittal or conviction of the offense in one (1) court, pleaded and shown, shall be a bar to prosecution for the offense in the other court.
Acts 1971, ch. 183, § 1; 1972, ch. 659, § 1; T.C.A., § 40-305.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 3 - METHODS OF PROSECUTION (§§ 40-3-101 — 40-3-210) › Part 2 - FRAUD AND ECONOMIC CRIMES PROSECUTION ACT (§§ 40-3-201 — 40-3-210) › Section 40-3-201 - Short title

This part shall be known and may be cited as the "Fraud and Economic Crimes Prosecution Act."
Acts 1984, ch. 998, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 3 - METHODS OF PROSECUTION (§§ 40-3-101 — 40-3-210) › Part 2 - FRAUD AND ECONOMIC CRIMES PROSECUTION ACT (§§ 40-3-201 — 40-3-210) › Section 40-3-202 - Legislative intent

The intent of this part is to provide district attorneys general of this state the resources necessary to deal effectively with fraud, economic, and other crimes, and to provide a means for obtaining restitution in bad check cases prior to the institution of formal criminal charges. Subject to the limitations of §
40-3-209(b)
, the use of any moneys collected under this part shall be directly related to fulfilling the prosecutorial duties of the district attorney general of the district and shall include, but not be limited to, the following:
(1)
The enhancement of those resources as may already be available in each district for the prosecution of bad check cases, fraud and other economic crimes and to increase assistance to the victims of those crimes by aiding in the collection of restitution;
(2)
The hiring of expert witnesses including, but not limited to, computer specialists, as the need arises;
(3)
The expenses of specialized training for staff members to enhance their knowledge of methods of combating fraud and economic crimes and general criminal law enforcement when funds for training are not available; provided, that payment for training shall be limited to in-state programs unless the district attorney general determines that training is essential and not reasonably available within this state;
(4)
Matching federal grants directly related to prosecutorial duties of the district attorney general;
(5)
Salaries and salary supplements, which may only be paid through the district attorneys general conference for support staff (subject to the limitation of §
40-3-209(b)
on the use of any funds to supplement the salary of any assistant district attorneys); provided, however, that not later than January 1, 2004, the district attorneys general conference shall perform, or cause to be performed, a classification/compensation study of support staff reasonably required for the effective operation of district attorneys general offices;
(6)
The purchase of equipment and supplies necessary to carry out the purposes of this part; and
(7)
The expenses of travel in the performance of official duties of the office that are directly related to prosecution of fraud and economic crimes and general criminal law enforcement when funds for travel are not available, subject to the limitations of the state of Tennessee comprehensive travel regulations. No moneys collected under this part shall be used to pay travel expenses in excess of the rates authorized under state travel regulations.
Acts 1984, ch. 998, § 2; 2003, ch. 291, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 3 - METHODS OF PROSECUTION (§§ 40-3-101 — 40-3-210) › Part 2 - FRAUD AND ECONOMIC CRIMES PROSECUTION ACT (§§ 40-3-201 — 40-3-210) › Section 40-3-203 - Bad check restitution program - Application - Fees and charges - Failure to pay bad check

(a)
Before commencing a criminal prosecution in a bad check case, any victim, including any municipal, county or state officer that has received a bad check, may apply to the clerk who serves the court of general criminal jurisdiction in the county where the alleged offense occurred for participation in the bad check restitution program. Upon completion of an application form and the payment of a ten-dollar fee by the victim, the clerk shall forward the form to the district attorney general, who shall then send a letter to the last known address of the alleged violator stating that unless the amount of the check plus the application fee and a handling charge of ten dollars ($10.00) is paid to the holder of the check within fifteen (15) days, a criminal prosecution may be commenced.
(b)
The application form shall contain the name and address of the victim, the name and the address of the alleged violator, and shall have attached thereto a photocopy of the bad check. Except in those cases enumerated in §
39-14-121(e)
, the application shall also contain a sworn statement that the alleged violator has failed to pay the check within ten (10) days of receiving notice of the drawee's refusal to pay.
(c)
The application fee shall be forwarded by the clerk to the county trustee as provided in §
40-3-207
, with the clerk retaining five dollars ($5.00) as a fee for handling.
(d)
In the event the alleged violator does not pay the check and is ultimately convicted of a criminal charge with respect to the check, any order directing the defendant to pay to the holder the amount due on the check shall also direct the defendant to reimburse the application fee paid under this section as well as to pay to the holder a handling fee of ten dollars ($10.00).
Acts 1984, ch. 998, § 3; 1985, ch. 175, §§ 1, 2; 1992, ch. 962, § 4.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 3 - METHODS OF PROSECUTION (§§ 40-3-101 — 40-3-210) › Part 2 - FRAUD AND ECONOMIC CRIMES PROSECUTION ACT (§§ 40-3-201 — 40-3-210) › Section 40-3-204 - Fees in criminal prosecutions

(a)
In criminal prosecutions, judges shall order that fees, in accordance with the schedule listed in subdivisions (b)(1)-(3), be paid by the person or corporations against whom the costs are taxed, and the clerk of the court shall collect those fees when the costs are paid. The state of Tennessee, and any county or political subdivision, shall be exempt from such costs.
(b)
(1)
Worthless Check Prosecutions.
The amount of the fee shall be determined as follows:
(A)
If the face amount of the check or sight order is under ten dollars ($10.00), the fee shall be five dollars ($5.00);
(B)
If the face amount of the check or sight order is ten dollars ($10.00) or more but less than one hundred dollars ($100), the fee shall be ten dollars ($10.00);
(C)
If the face amount of the check or sight order is one hundred dollars ($100) or more but less than three hundred dollars ($300), the fee shall be thirty dollars ($30.00);
(D)
If the face amount of the check or sight order is three hundred dollars ($300) or more but less than five hundred dollars ($500), the fee shall be fifty dollars ($50.00); and
(E)
If the face amount of the check or sight order is five hundred dollars ($500) or more, the fee shall be seventy-five dollars ($75.00).
(2)
Forgery Prosecutions.
The face amount of the check or money order shall be the determining factor in arriving at the proper fee, and the same schedule that is established for worthless check prosecutions shall be applicable to forgery cases.
(3)
Other Prosecutions.
In all offenses specified in title 39, chapter 14, parts 1 and 6, the fee shall be seventy-five dollars ($75.00), regardless of the amount alleged to have been stolen or taken.
Acts 1984, ch. 998, § 4; 1994, ch. 902, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 3 - METHODS OF PROSECUTION (§§ 40-3-101 — 40-3-210) › Part 2 - FRAUD AND ECONOMIC CRIMES PROSECUTION ACT (§§ 40-3-201 — 40-3-210) › Section 40-3-205 - Payment of fees

The fees set out in §
40-3-204
shall be paid under the following circumstances:
(1)
In all cases where costs are paid by the defendant as a condition for dismissal of charges pursuant to a plea negotiation;
(2)
In all cases where the defendant agrees to pay the costs in exchange for a dismissal of charges; and
(3)
In all cases where the defendant is convicted before a judge or jury.
Acts 1984, ch. 998, § 5.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 3 - METHODS OF PROSECUTION (§§ 40-3-101 — 40-3-210) › Part 2 - FRAUD AND ECONOMIC CRIMES PROSECUTION ACT (§§ 40-3-201 — 40-3-210) › Section 40-3-206 - Collection of fees - Clerk's fee

Any fees collected pursuant to this part shall be collected by the clerk of the court in the same manner in which other costs are collected. The clerk shall be entitled to a reasonable handling fee not to exceed five percent (5%) of the amount collected; provided, that in counties having a population of more than seven hundred thousand (700,000), according to the 1990 federal census or any subsequent federal census, the fee shall not exceed ten percent (10%) of the amount collected.
Acts 1984, ch. 998, § 6; 1995, ch. 456, § 9.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 3 - METHODS OF PROSECUTION (§§ 40-3-101 — 40-3-210) › Part 2 - FRAUD AND ECONOMIC CRIMES PROSECUTION ACT (§§ 40-3-201 — 40-3-210) › Section 40-3-207 - Deposit of fees - Records - Reports - Audits

(a)
The clerk in each county shall deposit all fees collected in accordance with this part in an account with the county trustee in the county of the district attorney general's residence, and expenditures from this fund shall be made by the district attorney general only for the purposes provided in §
40-3-202
.
(b)
The district attorney general shall keep strict records as to the use of the funds, and shall annually submit to the comptroller of the treasury, for audit and comment, a detailed report of expenditures.
(c)
In addition, the account maintained in the trustee's office shall be subject to audit by the comptroller of the treasury as a part of the comptroller of the treasury's regular post audit of county governmental agencies.
Acts 1984, ch. 998, § 7; 2003 , ch. 291, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 3 - METHODS OF PROSECUTION (§§ 40-3-101 — 40-3-210) › Part 2 - FRAUD AND ECONOMIC CRIMES PROSECUTION ACT (§§ 40-3-201 — 40-3-210) › Section 40-3-208 - Immunity of officials and employees

The district attorney general and assistant district attorneys general, district attorney general's investigators, district attorney general's secretaries and any other employee of the district attorney general shall not be civilly or criminally liable for acts performed pursuant to this part or in furtherance of the purposes of this part except as those acts relate to expenditure of and accounting for moneys collected under this part.
Acts 1984, ch. 998, § 9; 2003, ch. 291, § 3.