2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 12 - GENERAL OFFENSES (§§ 39-12-101 — 39-12-302) › Part 2 - ORGANIZED CRIME (§§ 39-12-201 — 39-12-210) › Section 39-12-203 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
(A)
"Beneficial interest" means either of the following:
(i)
The interest of a person as a beneficiary under any trust arrangement pursuant to which a trustee or any other person holds legal or record title to personal or real property for the benefit of the person; or
(ii)
The interest of a person under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real or personal property for the benefit of the person;
(B)
"Beneficial interest" does not include the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or a limited partnership;
(2)
"Documentary material" means any book, paper, document, writing, drawing, graph, chart, photograph, phono record, magnetic tape, computer print-out, or other data compilation from which information can be obtained or from which information can be translated into usable form or other tangible item;
(3)
"Enterprise" means a formal or informal ongoing organization, association, or group that has as one (1) of its primary activities the commission of one (1) or more offenses qualifying as racketeering activity, and that consists of three (3) or more persons:
(A)
Who share a common name, identifying signs, colors, or symbols, including, but not limited to, terrorist organizations, hate groups, and criminal gangs as defined in §
40-35-121(a)(1)
; or
(B)
Who share the primary purpose of promoting or facilitating commercial sex acts, as defined under §
39-13-301(4)
;
(4)
"Innocent person" includes bona fide purchasers and victims;
(5)
"Investigative agency" means the office of the attorney general and reporter;
(6)
"Ongoing" means that the enterprise was in existence when the racketeering activity was committed as charged in a petition, warrant, indictment, information, presentment, or action for civil injunctive relief;
(7)
"Pattern of racketeering activity" means engaging in at least two (2) incidents of racketeering activity that have the same or similar intents, purposes, results, accomplices, victims, or methods of commission or are otherwise interrelated by distinguishing characteristics and are not isolated incidents; provided, that at least one (1) of the incidents occurred after July 1, 2023, and the last of the incidents occurred within eight (8) years after a prior incident. Racketeering activity that was the subject of a prior prosecution that resulted in an acquittal must not be used under this part;
(8)
"Person" means any individual or entity holding or capable of holding a legal or beneficial interest in property;
(9)
"Personal property" includes any personal property, or any interest in personal property, or any right, including bank accounts, debts, corporate stocks, patents or copyrights. Personal property and beneficial interest in personal property are deemed located where the trustee is, the personal property is, or the instrument evidencing the right is;
(10)
"Racketeering activity" means to commit, attempt to commit, conspire to commit, or to aid, attempt to aid, solicit, coerce, facilitate, or intimidate another person to commit:
(A)
An offense under chapter 13, part 2 of this title, relating to criminal homicide;
(B)
An offense under chapter 13, part 3 of this title, relating to kidnapping, false imprisonment, or human trafficking;
(C)
An offense under chapter 13, part 4 of this title, relating to robbery;
(D)
An offense under chapter 13, part 10 of this title, relating to burglary;
(E)
An offense under chapter 14, part 7 of this title, relating to criminal instruments;
(F)
An offense under chapter 14, part 9 of this title, relating to money laundering;
(G)
An offense under chapter 17, part 13 of this title, relating to weapons;
(H)
Assault under §
39-13-101
;
(I)
Aggravated assault under §
39-13-102
;
(J)
Reckless endangerment under §
39-13-103
;
(K)
Domestic assault under §
39-13-111
;
(L)
Violation of an order of protection or restraining order under §
39-13-113
;
(M)
Aggravated rape under §
39-13-502
;
(N)
Rape under §
39-13-503
;
(O)
Aggravated sexual battery under §
39-13-504
;
(P)
Promoting prostitution under §
39-13-515
;
(Q)
Continuous sexual abuse of a child under §
39-13-518
;
(R)
Rape of a child under §
39-13-522
;
(S)
Aggravated rape of a child under §
39-13-531
;
(T)
Promoting travel for prostitution under §
39-13-533
;
(U)
Unauthorized use of automobiles and other vehicles under §
39-14-106
;
(V)
Theft of property under §
39-14-103
;
(W)
Extortion under §
39-14-112
;
(X)
Forgery under §
39-14-114
;
(Y)
Criminal simulation under §
39-14-115
;
(Z)
Illegal possession or fraudulent use of credit or debit card under §
39-14-118
;
(AA)
Identity theft under §
39-14-150
;
(BB)
Arson under §
39-14-301
;
(CC)
Aggravated arson under §
39-14-302
;
(DD)
Setting fire to personal property or land under §
39-14-303
;
(EE)
Aggravated criminal trespass under §
39-14-406
;
(FF)
Trespass by motor vehicle under §
39-14-407
;
(GG)
Vandalism under §
39-14-408
;
(HH)
Bribery of a public servant under §
39-16-102
;
(II)
Bribery of a witness under §
39-16-107
;
(JJ)
Bribery of a juror under §
39-16-108
;
(KK)
Contraband in penal institutions under §
39-16-201
;
(LL)
Criminal impersonation under §
39-16-301
;
(MM)
Using a false identification under §
39-16-303
;
(NN)
False reports under §
39-16-502
;
(OO)
Tampering with or fabricating evidence under §
39-16-503
;
(PP)
Coercion or persuasion of a witness under §
39-16-507
;
(QQ)
Coercion of a juror under §
39-16-508
;
(RR)
Improper influence of a juror under §
39-16-509
;
(SS)
Retaliation for past action under §
39-16-510
;
(TT)
Threats of mass violence on school property or at a school-related activity under §
39-16-517
;
(UU)
Obstruction of law enforcement under §
39-16-602
;
(VV)
Evading arrest under §
39-16-603
;
(WW)
Escape under §
39-16-605
;
(XX)
Introduction of implements for escape under §
39-16-608
;
(YY)
Perjury under §
39-16-702
;
(ZZ)
Aggravated perjury under §
39-16-703
;
(AAA)
Subornation of perjury under §
39-16-705
;
(BBB)
Stalking, aggravated stalking, or especially aggravated stalking under §
39-17-315
;
(CCC)
A drug offense under §
39-17-417
;
(DDD)
Simple possession or casual exchange under §
39-17-418
;
(EEE)
Counterfeit controlled substances under §
39-17-423
;
(FFF)
Unlawful drug paraphernalia under §
39-17-425
;
(GGG)
Immediate methamphetamine precursor under §
39-17-431
;
(HHH)
Promotion of methamphetamine manufacture under §
39-17-433
;
(III)
Manufacture, delivery, sale, or possession of methamphetamines under §
39-17-434
;
(JJJ)
Initiation of methamphetamine manufacture process under §
39-17-435
;
(KKK)
Controlled substance analogue under §
39-17-454
;
(LLL)
Gambling under §
39-17-502
;
(MMM)
Gambling promotion under §
39-17-503
;
(NNN)
Aggravated gambling promotion under §
39-17-504
;
(OOO)
Sexual exploitation of a minor under §
39-17-1003
;
(PPP)
Aggravated sexual exploitation of a minor under §
39-17-1004
; or
(QQQ)
Especially aggravated sexual exploitation of a minor under §
39-17-1005
;
(11)
"Real property" means any real property situated in this state or any interest in the real property, including, but not limited to, any lease of or mortgage upon such real property. Real property and beneficial interest in real property are deemed to be located where the real property is located;
(12)
"RICO lien notice" means the notice described in §
39-12-207
; and
(13)
(A)
"Trustee" means any of the following:
(i)
Any person who holds legal or record title to real or personal property in which any other person has a beneficial interest; or
(ii)
Any successor trustee to one (1) of the persons in subdivision (12)(A)(i);
(B)
"Trustee" does not include any person serving as a fiduciary appointed by a court to administer an estate or acting as a trustee of any testamentary trust or as a trustee of any indenture of trust under which any bonds have been or are to be issued.
(14)
[Deleted by 2023 amendment.]
Amended by 2023 Tenn. Acts, ch. 487, s 6, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 487, s 5, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 487, s 4, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 487, s 3, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 487, s 2, eff. 7/1/2023.
Amended by 2013 Tenn. Acts, ch. 278, s 1, eff. 7/1/2013.
Acts 1989, ch. 591, § 1; 1992, ch. 937, §§ 1, 2; 2012, ch. 1090, §§ 1, 2.