reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 1 - ASSAULTIVE OFFENSES (§§ 39-13-NEW — 39-13-117) › Section 39-13-115 - Aggravated vehicular assault

(a)
As used in this section, "prior conviction" means an offense for which the person was convicted prior to the aggravated vehicular assault charge. This definition includes prior convictions from this state or any other state, district, or territory of the United States within the last twenty (20) years.
(b)
A person commits aggravated vehicular assault who:
(1)
(A)
Commits vehicular assault, as defined in §
39-13-106
; and
(B)
(i)
Has two (2) or more prior convictions for driving under the influence of an intoxicant, as defined in §
55-10-401
, or boating under the influence, as defined in §
69-9-217(a)
; or
(ii)
Has one (1) or more prior convictions for:
(a)
Vehicular assault;
(b)
Vehicular homicide, as defined in §
39-13-213(a)(2)
; or
(c)
Aggravated vehicular homicide, as defined in §
39-13-218
; or
(2)
(A)
Had an alcohol concentration in the person's blood or breath of twenty-hundredths of one percent (0.20%) or more at the time of the offense; and
(B)
Has one (1) prior conviction for driving under the influence of an intoxicant, as defined in §
55-10-401
, or boating under the influence, as defined in §
69-9-217(a)
.
(c)
The indictment, in a separate count, shall specify, charge, and give notice of the required prior conviction or convictions. If the person is convicted of vehicular assault under §
39-13-106
, the trier-of-fact shall separately consider whether the person has the required aggravating factors necessary to commit aggravated vehicular assault.
(d)
For the purpose of determining if a person has sufficient aggravating factors to qualify for aggravated vehicular assault, applicable prior convictions occurring prior to July 1, 2015, may be used; provided, that the conduct constituting aggravated vehicular assault occurs on or after July 1, 2015.
(e)
A violation of this section is a Class C felony, and there shall additionally be imposed a fine of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000).
(f)
Upon conviction for aggravated vehicular assault, the court shall prohibit the convicted person from driving a vehicle or operating a vessel subject to registration in this state pursuant to §
39-13-106(c)
.
Amended by 2021 Tenn. Acts, ch. 434, s 5, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 434, s 4, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 486, s 2, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 486, s 1, eff. 7/1/2019.
Added by 2015 Tenn. Acts, ch. 477, s 1, eff. 7/1/2015.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 2 - CRIMINAL HOMICIDE (§§ 39-13-201 — 39-13-219) › Section 39-13-201 - Criminal homicide

Criminal homicide is the unlawful killing of another person, which may be first degree murder, second degree murder, voluntary manslaughter, criminally negligent homicide or vehicular homicide.
Acts 1989, ch. 591, § 1; 1991, ch. 377, § 1; 1995, ch. 460, § 3.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 2 - CRIMINAL HOMICIDE (§§ 39-13-201 — 39-13-219) › Section 39-13-205 - Waiver of jury trials of first degree murder or grave torture

(a)
In a trial for an offense that is punishable by death, the defendant, with the advice of the defendant's attorney and the consent of the court and district attorney general, may waive the right to a jury to determine guilt, in which case the trial judge shall determine guilt; provided, that such waiver will not affect the defendant's right to a jury to determine punishment, if the defendant is found guilty of the offense.
(b)
After a verdict of guilty is found for an offense that is punishable by death, the defendant, with the advice of the defendant's attorney and the consent of the court and the district attorney general, may waive the right to have a jury determine punishment, in which case the trial judge shall determine punishment as provided by this part.
(c)
Reference to a jury in §
39-13-204
shall apply to a judge if the jury is waived.
Amended by 2024 Tenn. Acts, ch. 951,s 20, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 951,s 19, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1062, s 11, eff. on the thirtieth day following the occurrence of either : (1) The issuance of the judgment in a decision of the United States supreme court overruling, in whole or in relevant part, Kennedy v. Louisiana, 554 U.S. 407 (2008); or (2) The ratification of an amendment to the Constitution of the United States approving the use of the death penalty as punishment for the conviction of an offense involving the infliction of severe physical and mental pain and suffering upon the victim with the intent to perpetrate first degree murder that does not result in the death of the victim.
Acts 1989, ch. 591, § 1; T.C.A., §
39-13-204
; Acts 1990, ch. 1038, § 3.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 2 - CRIMINAL HOMICIDE (§§ 39-13-201 — 39-13-219) › Section 39-13-208 - [Effective until contingency met; see version effective when contingency met and Compiler's Notes.] Notice of penalty to be sought for capital offenses. [For contingent amendment, see the Compiler's Notes.]

(a)
Written notice that the state intends to seek the death penalty, filed pursuant to Rule 12.3(b) of the Tennessee Rules of Criminal Procedure, shall constitute notice that the state also intends to seek, as a possible punishment, a sentence of imprisonment for life without possibility of parole.
(b)
Where a capital offense is charged in the indictment or presentment and the district attorney general intends to ask for the sentence of imprisonment for life without possibility of parole, written notice shall be filed not less than thirty (30) days prior to trial. If the notice is filed later than this time, the trial judge shall grant the defendant, upon motion by the defendant, a reasonable continuance of the trial. The notice shall specify that the state intends to seek the sentence of imprisonment for life without possibility of parole and, unless the offense charged is first degree murder as described in §
39-13-202(c)(2)
, or aggravated rape of a child or §
39-13-117
, the notice shall specify the aggravating circumstance or circumstances the state intends to rely upon at a sentencing hearing. Specification may be complied with by a reference to the citation of the circumstance or circumstances. Such notice shall be in writing and filed with the court and served on counsel.
(c)
If notice is not filed pursuant to subsection (a) or (b), the defendant shall be sentenced to imprisonment for life by the court, if the defendant is found guilty of murder in the first degree.
(d)
The defendant and the state of Tennessee may enter into a plea agreement whereby the defendant is sentenced to imprisonment for life without possibility of parole, pursuant to Rule 11 of the Tennessee Rules of Criminal Procedure.
Amended by 2024 Tenn. Acts, ch. 951,s 27, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 528, s 19, eff. 7/1/2021.
Acts 1993, ch. 473, § 8.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 2 - CRIMINAL HOMICIDE (§§ 39-13-201 — 39-13-219) › Section 39-13-208 - [Effective 7/1/2024] [Effective until contingency met; see version effective when contingency met and Compiler's Notes.] Notice of penalty to be sought for capital offenses. [For contingent amendment, see the Compiler's Notes.]

(a)
Written notice that the state intends to seek the death penalty, filed pursuant to Rule 12.3(b) of the Tennessee Rules of Criminal Procedure, shall constitute notice that the state also intends to seek, as a possible punishment, a sentence of imprisonment for life without possibility of parole.
(b)
Where a capital offense is charged in the indictment or presentment and the district attorney general intends to ask for the sentence of imprisonment for life without possibility of parole, written notice shall be filed not less than thirty (30) days prior to trial. If the notice is filed later than this time, the trial judge shall grant the defendant, upon motion by the defendant, a reasonable continuance of the trial. The notice shall specify that the state intends to seek the sentence of imprisonment for life without possibility of parole and, unless the offense charged is first degree murder as described in § 39-13-202(c)(2), or aggravated rape of a child, the notice shall specify the aggravating circumstance or circumstances the state intends to rely upon at a sentencing hearing. Specification may be complied with by a reference to the citation of the circumstance or circumstances. Such notice shall be in writing and filed with the court and served on counsel.
(c)
If notice is not filed pursuant to subsection (a) or (b), the defendant shall be sentenced to imprisonment for life by the court, if the defendant is found guilty of murder in the first degree.
(d)
The defendant and the state of Tennessee may enter into a plea agreement whereby the defendant is sentenced to imprisonment for life without possibility of parole, pursuant to Rule 11 of the Tennessee Rules of Criminal Procedure.
Amended by 2024 Tenn. Acts, ch. 951,s 27, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1062, s 10, eff. on the thirtieth day following the occurrence of either : (1) The issuance of the judgment in a decision of the United States supreme court overruling, in whole or in relevant part, Kennedy v. Louisiana, 554 U.S. 407 (2008); or (2) The ratification of an amendment to the Constitution of the United States approving the use of the death penalty as punishment for the conviction of an offense involving the infliction of severe physical and mental pain and suffering upon the victim with the intent to perpetrate first degree murder that does not result in the death of the victim.
Amended by 2021 Tenn. Acts, ch. 528, s 19, eff. 7/1/2021.
Acts 1993, ch. 473, § 8.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 2 - CRIMINAL HOMICIDE (§§ 39-13-201 — 39-13-219) › Section 39-13-209 - Sentencing where violation was committed by discharging firearm from within motor vehicle and victim was minor

(a)
Notwithstanding this part, a person convicted of a violation of §
39-13-211
, §
39-13-212
, or §
39-13-215
shall be punished one (1) classification higher than is otherwise provided if the violation occurred as provided in subsection (b).
(b)
This section applies if:
(1)
The violation was committed by discharging a firearm from within a motor vehicle, as defined by §
55-1-103
; and
(2)
The victim was a minor at the time of the violation.
Added by 2019 Tenn. Acts, ch. 485,s 3, eff. 7/1/2019.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 2 - CRIMINAL HOMICIDE (§§ 39-13-201 — 39-13-219) › Section 39-13-210 - Second degree murder

(a)
Second degree murder is:
(1)
A knowing killing of another;
(2)
A killing of another that results from the unlawful distribution of any Schedule I or Schedule II drug, when the drug is the proximate cause of the death of the user; or
(3)
A killing of another by unlawful distribution or unlawful delivery or unlawful dispensation of fentanyl or carfentanil, when those substances alone, or in combination with any substance scheduled as a controlled substance by the Tennessee Drug Control Act of 1989, compiled in chapter 17, part 4 of this title and in title 53, chapter 11, parts 3 and 4, including controlled substance analogs, is the proximate cause of the death of the user.
(b)
In a prosecution for a violation of this section, if the defendant knowingly engages in multiple incidents of domestic abuse, assault or the infliction of bodily injury against a single victim, the trier of fact may infer that the defendant was aware that the cumulative effect of the conduct was reasonably certain to result in the death of the victim, regardless of whether any single incident would have resulted in the death.
(c)
(1)
Second degree murder is a Class A felony.
(2)
Notwithstanding the Tennessee Criminal Sentencing Reform Act of 1989, compiled in title 40, chapter 35, a person convicted of a violation of subdivision (a)(2) where the victim is a minor shall be punished from within one (1) range higher than the sentencing range otherwise appropriate for the person.
Amended by 2018 Tenn. Acts, ch. 995,s 1, eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 934,s 2, eff. 7/1/2018.
Acts 1989, ch. 591, § 1; T.C.A., §
39-13-206
; Acts 1990, ch. 980, § 6; 1990, ch. 1038, § 4; 1995, ch. 460, § 2; 2006, ch. 967, § 2.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 2 - CRIMINAL HOMICIDE (§§ 39-13-201 — 39-13-219) › Section 39-13-211 - Voluntary manslaughter

(a)
Voluntary manslaughter is the intentional or knowing killing of another in a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner.
(b)
Voluntary manslaughter is a Class B felony.
Amended by 2023 Tenn. Acts, ch. 308,s 1, eff. 7/1/2023.
Acts 1989, ch. 591, § 1; T.C.A., §
39-13-207
; Acts 1990, ch. 1038, § 4.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 2 - CRIMINAL HOMICIDE (§§ 39-13-201 — 39-13-219) › Section 39-13-212 - Criminally negligent homicide

(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.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 2 - CRIMINAL HOMICIDE (§§ 39-13-201 — 39-13-219) › Section 39-13-214 - "Another" and "another person" to include fetus of a human being

(a)
For the purposes of this part, "another" and "another person" include a human embryo or fetus at any stage of gestation in utero, when any such term refers to the victim of any act made criminal by this part.
(b)
Nothing in this section shall be construed to amend [former] §
39-15-201
[repealed], or §§
39-15-203
- 39-15-205 and 39-15-207.
(c)
Nothing in subsection (a) shall apply to any act or omission by a pregnant woman with respect to an embryo or fetus with which she is pregnant, or to any lawful medical or surgical procedure to which a pregnant woman consents, performed by a health care professional who is licensed to perform such procedure.
Acts 1989, ch. 591, § 1; T.C.A., §
39-13-210
; Acts 1990, ch. 1038, § 4; 2011 , ch. 408, § 2; 2012 , ch. 1006, §§ 1, 2.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 2 - CRIMINAL HOMICIDE (§§ 39-13-201 — 39-13-219) › Section 39-13-215 - Reckless homicide

(a)
Reckless homicide is a reckless killing of another.
(b)
Reckless homicide is a Class D felony.
Acts 1993, ch. 306, § 2.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 2 - CRIMINAL HOMICIDE (§§ 39-13-201 — 39-13-219) › Section 39-13-217 - Priority in case docketing

The trial courts of this state and the Tennessee supreme court shall give first priority in docketing to cases where the state has given notice of intent to seek the death penalty pursuant to Rule 12.3(b) of the Rules of Criminal Procedure, or the defendant has been sentenced to death.
Amended by 2019 Tenn. Acts, ch. 140,s 4, eff. 7/1/2019.
Acts 1995, ch. 338, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 2 - CRIMINAL HOMICIDE (§§ 39-13-201 — 39-13-219) › Section 39-13-218 - Aggravated vehicular homicide

(a)
Aggravated vehicular homicide is vehicular homicide, as defined in §
39-13-213(a)(2)
, where:
(1)
The defendant has two (2) or more prior convictions for:
(A)
Driving under the influence of an intoxicant or boating under the influence, as defined in §
69-9-217(a)
;
(B)
Vehicular assault; or
(C)
Any combination of such offenses;
(2)
The defendant has one (1) or more prior convictions for the offense of vehicular homicide; or
(3)
There was, at the time of the offense, twenty-hundredths of one percent (0.20%), or more, by weight of alcohol in the defendant's blood and the defendant has one (1) prior conviction for:
(A)
Driving under the influence of an intoxicant or boating under the influence, as defined in §
69-9-217(a)
; or
(B)
Vehicular assault.
(b)
(1)
As used in this section, unless the context otherwise requires, "prior conviction" means an offense for which the defendant was convicted prior to the commission of the instant vehicular homicide and includes convictions occurring prior to July 1, 1996.
(2)
"Prior conviction" includes convictions under the laws of any other state, government, or country that, if committed in this state, would have constituted one (1) of the three (3) offenses enumerated in subdivision (a)(1) or (a)(2). In the event that a conviction from a jurisdiction other than Tennessee is not specifically named the same as one (1) of the three (3) offenses enumerated in subdivision (a)(1) or (a)(2), the elements of the offense in the other jurisdiction shall be used by the Tennessee court to determine if the offense constitutes one (1) of the prior convictions required by subsection (a).
(c)
If the defendant is charged with aggravated vehicular homicide, the indictment, in a separate count, shall specify, charge and give notice of the required prior conviction or convictions. If the defendant is convicted of vehicular homicide under §
39-13-213(a)(2)
, the jury shall then separately consider whether the defendant has the requisite number and types of prior offenses or level of blood alcohol concentration necessary to constitute the offense of aggravated vehicular homicide. If the jury convicts the defendant of aggravated vehicular homicide, the court shall pronounce judgment and sentence the defendant from within the felony classification set out in subsection (d).
(d)
Aggravated vehicular homicide is a Class A felony.
Amended by 2021 Tenn. Acts, ch. 434, s 7, eff. 7/1/2021.
Acts 1996, ch. 902, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 3 - KIDNAPPING AND FALSE IMPRISONMENT (§§ 39-13-301 — 39-13-316) › Section 39-13-302 - False imprisonment

(a)
A person commits the offense of false imprisonment who knowingly removes or confines another unlawfully so as to interfere substantially with the other's liberty.
(b)
False imprisonment is a Class A misdemeanor.
Acts 1989, ch. 591, § 1; T.C.A., §
39-13-303
; Acts 1990, ch. 982, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 3 - KIDNAPPING AND FALSE IMPRISONMENT (§§ 39-13-301 — 39-13-316) › Section 39-13-303 - Kidnapping

(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.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 3 - KIDNAPPING AND FALSE IMPRISONMENT (§§ 39-13-301 — 39-13-316) › Section 39-13-304 - Aggravated kidnapping

(a)
Aggravated kidnapping is false imprisonment, as defined in §
39-13-302
, committed:
(1)
To facilitate the commission of any felony or flight thereafter;
(2)
To interfere with the performance of any governmental or political function;
(3)
With the intent to inflict serious bodily injury on or to terrorize the victim or another;
(4)
Where the victim suffers bodily injury; or
(5)
While the defendant is in possession of a deadly weapon or threatens the use of a deadly weapon.
(b)
(1)
Aggravated kidnapping is a Class B felony.
(2)
If the offender voluntarily releases the victim alive or voluntarily provides information leading to the victim's safe release, such actions shall be considered by the court as a mitigating factor at the time of sentencing.
Acts 1989, ch. 591, § 1; T.C.A., §
39-13-301
; Acts 1990, ch. 982, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 3 - KIDNAPPING AND FALSE IMPRISONMENT (§§ 39-13-301 — 39-13-316) › Section 39-13-305 - Especially aggravated kidnapping

(a)
Especially aggravated kidnapping is false imprisonment, as defined in §
39-13-302
:
(1)
Accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon;
(2)
Where the victim was under the age of thirteen (13) at the time of the removal or confinement;
(3)
Committed to hold the victim for ransom or reward, or as a shield or hostage; or
(4)
Where the victim suffers serious bodily injury.
(b)
(1)
Especially aggravated kidnapping is a Class A felony.
(2)
If the offender voluntarily releases the victim alive or voluntarily provides information leading to the victim's safe release, such actions shall be considered by the court as a mitigating factor at the time of sentencing.
(3)
Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case shall it be lower than Range II.
Amended by 2023 Tenn. Acts, ch. 155,s 1, eff. 7/1/2023.
Acts 1990, ch. 982, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 3 - KIDNAPPING AND FALSE IMPRISONMENT (§§ 39-13-301 — 39-13-316) › Section 39-13-307 - Involuntary labor servitude - Restitution

(a)
A person commits the offense of involuntary labor servitude who knowingly subjects, or attempts to subject, another person to forced labor or services by:
(1)
Causing or threatening to cause serious bodily harm to the person;
(2)
Physically restraining or threatening to physically restrain the person;
(3)
Abusing or threatening to abuse the law or legal process;
(4)
Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of the person;
(5)
Using blackmail or using or threatening to cause financial harm for the purpose of exercising financial control over the person;
(6)
Facilitating or controlling the person's access to an addictive controlled substance; or
(7)
Controlling the person's movements through threats or violence.
(b)
In addition to any other amount of loss identified or any other punishment imposed, the court shall order restitution to the victim or victims in an amount equal to the greater of:
(1)
The gross income or value to the defendant of the victim's labor or services; or
(2)
The value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) (
29 U.S.C. § 201
et seq.), or the minimum wage required in this state, whichever is higher.
(c)
Nothing in this section shall be construed as prohibiting the defendant from also being prosecuted for the theft of the victim's labor or services by involuntary servitude or for any other appropriate criminal statute violated by the defendant's conduct.
(d)
(1)
Involuntary servitude is a Class C felony.
(2)
Involuntary servitude is a Class B felony if:
(A)
The violation resulted in the serious bodily injury or death of a victim;
(B)
The period of time during which the victim was held in servitude exceeded one (1) year; or
(C)
The defendant held ten (10) or more victims in servitude at any time during the course of the defendant's criminal episode.
(3)
Involuntary servitude is a Class A felony if the victim was more than twelve (12) years of age but less than eighteen (18) years of age.
Acts 2008, ch. 1140, § 3; 2012, ch. 1074, §§ 1 - 3; 2022, ch. 1089, § 2; 2022, ch. 1115, § 19.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 3 - KIDNAPPING AND FALSE IMPRISONMENT (§§ 39-13-301 — 39-13-316) › Section 39-13-308 - Trafficking for forced labor or services

(a)
A person commits the offense of trafficking persons for forced labor or services who knowingly:
(1)
Recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, transport, provide, or obtain by any means, another person, intending or knowing that the person will be subjected to involuntary servitude; or
(2)
Benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act described in §
39-13-307
.
(b)
In addition to any other amount of loss identified or any other punishment imposed, the court shall order restitution to the victim or victims in an amount equal to the greater of:
(1)
The gross income or value of the benefit received by the defendant as the result of the victim's labor or services; or
(2)
The value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) (
29 U.S.C. § 201
et seq.), or the minimum wage required in this state, whichever is higher.
(c)
(1)
Trafficking for forced labor or services is a Class C felony.
(2)
Trafficking for forced labor or services is a Class A felony if the victim was more than twelve (12) years of age but less than eighteen (18) years of age.
Acts 2008, ch. 1140, § 3; 2022, ch. 1089, § 3; 2022, ch. 1115, § 20.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 3 - KIDNAPPING AND FALSE IMPRISONMENT (§§ 39-13-301 — 39-13-316) › Section 39-13-310 - Separate offenses - sections 39-13-308 and 39-13-309

Each violation of §§
39-13-308
and
39-13-309
shall constitute a separate offense.
Acts 2008 , ch. 1140, § 3.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 3 - KIDNAPPING AND FALSE IMPRISONMENT (§§ 39-13-301 — 39-13-316) › Section 39-13-311 - Violations by corporations

A corporation may be prosecuted for a violation of §§
39-13-308
and
39-13-309
for an act or omission constituting a crime under this part only if an agent of the corporation performs the conduct that is an element of the crime while acting within the scope of the agent's office or employment and on behalf of the corporation and the commission of the crime was either authorized, requested, commanded, performed or within the scope of the agent's employment on behalf of the corporation or constituted a pattern of illegal activity that an agent of the company knew or should have known was occurring.
Acts 2008, ch. 1140, § 3.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 3 - KIDNAPPING AND FALSE IMPRISONMENT (§§ 39-13-301 — 39-13-316) › Section 39-13-315 - Offense of advertising commercial sexual abuse of a minor

(a)
A person commits the offense of advertising commercial sexual abuse of a minor if the person knowingly sells or offers to sell an advertisement that would appear to a reasonable person to be for the purpose of engaging in what would be a commercial sex act, as defined in §
39-13-301
, with a minor.
(b)
(1)
Advertising commercial sexual abuse of a minor is a Class C felony.
(2)
In addition to any authorized period of incarceration, advertising commercial sexual abuse of a minor is punishable by a minimum fine of ten thousand dollars ($10,000).
(c)
In a prosecution under this section, it is not a defense that the defendant did not know the age of the minor depicted in the advertisement. It is a defense, which the defendant must prove by a preponderance of the evidence, that at the time of the offense, the defendant made a reasonable bona fide attempt to ascertain the true age of the minor appearing in the advertisement by requiring, prior to publication of the advertisement, production of a driver license, marriage license, birth certificate, or other governmental or educational identification card or paper of the minor depicted in the advertisement and did not rely solely on oral or written allegations of the minor's age or the apparent age of the minor.
Acts 2012, ch. 1075, § 3.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 3 - KIDNAPPING AND FALSE IMPRISONMENT (§§ 39-13-301 — 39-13-316) › Section 39-13-316 - Aggravated human trafficking

(a)
Aggravated human trafficking is the commission of an act that constitutes any of the following criminal offenses, if the victim of the criminal offense is under thirteen (13) years of age:
(1)
Involuntary labor servitude, under §
39-13-307
;
(2)
Trafficking persons for forced labor or services, under §
39-13-308
;
(3)
Trafficking for commercial sex act, under §
39-13-309
;
(4)
Patronizing prostitution, under §
39-13-514
; or
(5)
Promoting prostitution, under §
39-13-515
.
(b)
(1)
Aggravated human trafficking is a Class A felony.
(2)
Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon the person may, if appropriate, be within Range III but in no case shall it be lower than Range II.
(3)
Section
39-13-525(a)
does not apply to a person sentenced for a violation of this section under subdivision (a)(3), (a)(4), or (a)(5).
(4)
Notwithstanding another law to the contrary, the board of parole may require, as a mandatory condition of supervision for a person convicted of a violation of this section under subdivision (a)(3), (a)(4), or (a)(5), that the person be enrolled in a satellite-based monitoring program for the full extent of the person's term of supervision consistent with the requirements of §
40-39-302
.
(c)
Title 40, chapter 35, part 5, regarding release eligibility status and parole, does not apply to or authorize the release of a person convicted of a violation of this section prior to service of the entire sentence imposed by the court.
(d)
Title 41, chapter 1, part 5, does not give either the governor or the board of parole the authority to release or cause the release of a person convicted of a violation of this section prior to the service of the entire sentence imposed by the court.
Amended by 2022 Tenn. Acts, ch. 1089, s 1, eff. 7/1/2022.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 4 - ROBBERY (§§ 39-13-401 — 39-13-404) › Section 39-13-401 - Robbery

(a)
Robbery is the intentional or knowing theft of property from the person of another by violence or putting the person in fear.
(b)
Robbery is a Class C felony.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 16.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 4 - ROBBERY (§§ 39-13-401 — 39-13-404) › Section 39-13-402 - Aggravated robbery

(a)
Aggravated robbery is robbery as defined in §
39-13-401
:
(1)
Accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon; or
(2)
Where the victim suffers serious bodily injury.
(b)
Aggravated robbery is a Class B felony.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 4 - ROBBERY (§§ 39-13-401 — 39-13-404) › Section 39-13-403 - Especially aggravated robbery

(a)
Especially aggravated robbery is robbery as defined in §
39-13-401
:
(1)
Accomplished with a deadly weapon; and
(2)
Where the victim suffers serious bodily injury.
(b)
Especially aggravated robbery is a Class A felony.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 4 - ROBBERY (§§ 39-13-401 — 39-13-404) › Section 39-13-404 - Carjacking

(a)
"Carjacking" is the intentional or knowing taking of a motor vehicle from the possession of another by use of:
(1)
A deadly weapon; or
(2)
Force or intimidation.
(b)
Carjacking is a Class B felony.
Acts 1995, ch. 331, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 39-13-501 - Definitions for sections 39 - 13 - 501 - 39 - 13 - 511

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.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 39-13-502 - Aggravated rape

(a)
Aggravated rape is unlawful sexual penetration of a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:
(1)
Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
(2)
The defendant causes bodily injury to the victim;
(3)
The defendant is aided or abetted by one (1) or more other persons; and
(A)
Force or coercion is used to accomplish the act; or
(B)
The defendant knows or has reason to know that the victim is:
(i)
Mentally defective;
(ii)
Mentally incapacitated;
(iii)
Physically helpless; or
(iv)
A vulnerable adult, as defined in §
39-15-501
, with an intellectual disability.
(4)
The defendant knows that the defendant is infected with HIV. As used in this subdivision (a)(4), "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome;
(b)
(1)
Aggravated rape is a Class A felony.
(2)
Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case shall it be lower than Range II.
Amended by 2024 Tenn. Acts, ch. 844,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 155, s 2, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 500, s 3, eff. 10/1/2021.
Acts 1989, ch. 591, § 1; 1990, ch. 980, § 3; 1992, ch. 878, § 3.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 39-13-503 - Rape

(a)
Rape is unlawful sexual penetration of a victim by the defendant or of the defendant by a victim accompanied by any of the following circumstances:
(1)
Force or coercion is used to accomplish the act;
(2)
The sexual penetration is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the penetration that the victim did not consent;
(3)
The defendant knows or has reason to know that the victim is:
(A)
Mentally defective;
(B)
Mentally incapacitated;
(C)
Physically helpless; or
(D)
A vulnerable adult, as defined in §
39-15-501
, with an intellectual disability; or
(4)
The sexual penetration is accomplished by fraud.
(b)
(1)
(A)
Except as provided in subdivision (b)(1)(B), rape is a Class B felony.
(B)
If the victim of the offense is at least thirteen (13) years of age but less than eighteen (18) years of age, rape is a Class B felony and, notwithstanding title 40, chapter 35, the defendant shall be punished as a Range II offender; however, the sentence imposed upon the defendant may, if appropriate, be within Range III but in no case shall it be lower than Range II.
(2)
Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case shall it be lower than Range II.
Amended by 2023 Tenn. Acts, ch. 283, s 1, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 155, s 3, eff. 7/1/2023.
Amended by 2021 Tenn. Acts, ch. 500, s 4, eff. 10/1/2021.
Acts 1989, ch. 591, § 1; 1995, ch. 484, § 1; 1997 , ch. 406, § 1; 2005, ch. 353, § 11.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 39-13-504 - Aggravated sexual battery

(a)
Aggravated sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:
(1)
Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
(2)
The defendant causes bodily injury to the victim;
(3)
The defendant is aided or abetted by one (1) or more other persons; and
(A)
Force or coercion is used to accomplish the act; or
(B)
The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
(4)
The victim is less than thirteen (13) years of age.
(b)
Aggravated sexual battery is a Class B felony.
Acts 1989, ch. 591, § 1; 1993, ch. 289, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 39-13-505 - Sexual battery

(a)
Sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:
(1)
Force or coercion is used to accomplish the act;
(2)
The sexual contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent;
(3)
The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
(4)
The sexual contact is accomplished by fraud.
(b)
As used in this section, "coercion" means the threat of kidnapping, extortion, force or violence to be performed immediately or in the future.
(c)
For purposes of this section, a victim is incapable of consent if:
(1)
The sexual contact with the victim occurs during the course of a consultation, examination, ongoing treatment, therapy, or other provision of professional services described in subdivision (c)(2); and
(2)
The defendant, whether licensed by the state or not, is a member of the clergy, healthcare professional, or alcohol and drug abuse counselor who was treating the victim for a mental, emotional, or physical condition.
(d)
Sexual battery is a Class E felony.
Amended by 2021 Tenn. Acts, ch. 509, s 1, eff. 7/1/2021.
Acts 1989, ch. 591, § 1; 1995, ch. 484, § 2; 1996, ch. 675, § 74; 1997 , ch. 256, § 3; 1997 , ch. 406, § 3; 2005, ch. 353, § 12.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 39-13-506 - Mitigated statutory rape - Statutory rape - Aggravated statutory rape

(a)
Mitigated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim when the victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is at least four (4) but not more than five (5) years older than the victim.
(b)
Statutory rape is the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when:
(1)
The victim is at least thirteen (13) but less than fifteen (15) years of age and the defendant is at least four (4) years but less than ten (10) years older than the victim; or
(2)
The victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is more than five (5) but less than ten (10) years older than the victim.
(c)
Aggravated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim when the victim is at least thirteen (13) but less than eighteen (18) years of age and the defendant is at least ten (10) years older than the victim.
(d)
(1)
Mitigated statutory rape is a Class E felony.
(2)
(A)
Statutory rape is a Class E felony.
(B)
In addition to the punishment provided for a person who commits statutory rape for the first time, the trial judge may order, after taking into account the facts and circumstances surrounding the offense, including the offense for which the person was originally charged and whether the conviction was the result of a plea bargain agreement, that the person be required to register as a sexual offender pursuant to title 40, chapter 39, part 2.
(3)
Aggravated statutory rape is a Class D felony.
Acts 1989, ch. 591, § 1; 1990, ch. 980, § 4; 1994, ch. 719, § 1; 2005, ch. 487, § 4; 2006, ch. 890, § 5; 2007, ch. 594, § 7; 2012, ch. 883, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 39-13-507 - Prohibited uses of sexual assault forensic evidence

Sexual assault forensic evidence obtained pursuant to §
39-13-519
may not be used:
(1)
To prosecute a sexual assault victim for any misdemeanor offense or any offense defined under title 39, chapter 17, part 4; or
(2)
As a basis to search for further evidence of any unrelated misdemeanor offense or any offense defined under title 39, chapter 17, part 4, that may have been committed by the sexual assault victim.
Added by 2021 Tenn. Acts, ch. 362, s 8, eff. 5/11/2021.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 39-13-508 - Abolition of common law offenses of seduction and criminal conversation

(a)
No cause of action shall be maintained that is based upon the common law torts of seduction or criminal conversation, and those torts are abolished.
(b)
Nothing in this section shall be construed as prohibiting a cause of action based upon a sexual offense, which offenses include, but are not limited to, those set out in this part.
Acts 1990, ch. 1056, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 13 - OFFENSES AGAINST PERSON (§§ 39-13-NEW — 39-13-1004) › Part 5 - SEXUAL OFFENSES (§§ 39-13-501 — 39-13-535) › Section 39-13-509 - Sexual contact with a minor - Sexual contact by an authority figure

(a)
It is an offense for a defendant to engage in unlawful sexual contact with a minor when:
(1)
The minor is less than eighteen (18) years of age;
(2)
The defendant is at least four (4) years older than the victim; and
(3)
The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the minor by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the sexual contact; or
(4)
The defendant had, at the time of the offense, parental or custodial authority over the minor and used the authority to accomplish the sexual contact.
(b)
As used in this section, "sexual contact" means the defendant intentionally touches or kisses the minor's lips with the defendant's lips if such touching can be reasonably construed as being for the purpose of sexual arousal or gratification.
(c)
Sexual contact by an authority figure is a Class A misdemeanor with a mandatory minimum fine of one thousand dollars ($1,000).
(d)
Each instance of unlawful sexual contact shall be considered a separate offense.
Amended by 2016 Tenn. Acts, ch. 1038,s 1, eff. 7/1/2016.
Acts 2011, ch. 88, § 1.