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 6 - LOTTERY SALES (§§ 39-17-601 — 39-17-659) › Section 39-17-655 - Offenses involving financial accounting of an annual event

(a)
It is an offense for any person to knowingly:
(1)
Fail to file a financial accounting for an annual event as required pursuant to §
3-17-106
;
(2)
Fail to timely file a financial accounting for an annual event as required pursuant to §
3-17-106
;
(3)
Make a material false statement in any application, affidavit or statement made to the secretary of state in an application for an annual event; or
(4)
Make a material false entry or statement in a financial accounting that is compiled for an annual event or that is submitted to the secretary of state for an annual event.
(b)
(1)
A violation of subdivision (a)(1) is a Class B misdemeanor; provided, however, that the maximum fine shall be the greater of:
(A)
Twenty-five thousand dollars ($25,000); or
(B)
The amount of gross proceeds derived from the annual event.
(2)
A violation of subdivision (a)(2) is a Class C misdemeanor; provided, however, that the maximum fine shall be the lesser of:
(A)
Five thousand dollars ($5,000); or
(B)
The amount of gross proceeds derived from the annual event.
(3)
A violation of subdivision (a)(3) is a Class A misdemeanor; provided, however, that the maximum fine shall be fifty thousand dollars ($50,000).
(4)
A violation of subdivision (a)(4) is a Class A misdemeanor; provided, however, that the maximum fine shall be the greater of:
(A)
Fifty thousand dollars ($50,000); or
(B)
The dollar amount of the false entry or statement.
Acts 2004, ch. 476, § 9.
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 6 - LOTTERY SALES (§§ 39-17-601 — 39-17-659) › Section 39-17-656 - Offense of falsely making, altering, forging, passing or counterfeiting a ticket, share, chance or similar record for an annual event

(a)
It is an offense for any person to falsely make, alter, forge, pass or counterfeit a ticket, share, chance or similar record for an annual event with the intent to defraud.
(b)
It is an offense for any person to knowingly influence, or attempt to influence, the winning of a prize through the use of coercion, fraud, deception, or tampering with an annual event's equipment or materials.
(c)
(1)
A violation of subsection (a) is a Class A misdemeanor; provided, however, that the maximum fine shall be twenty-five thousand dollars ($25,000).
(2)
A violation of subsection (b) is a Class E felony; provided, however, that the maximum fine shall be fifty thousand dollars ($50,000).
Acts 2004, ch. 476, § 9.
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 6 - LOTTERY SALES (§§ 39-17-601 — 39-17-659) › Section 39-17-657 - Offense of offering cost of services, records or devices on a contingency basis

(a)
It is an offense for any person to knowingly sell or lease, or offer for sale or lease, facilities, locations, advertising services, printing services, telephone services, gambling records or gambling devices based on a percentage of the proceeds of an annual event or by any other contingency agreement based on the proceeds of an annual event or at a price greater than fair market value.
(b)
A violation of this section is a Class E felony; provided, however, that the maximum fine shall be fifty thousand dollars ($50,000).
Acts 2004, ch. 476, § 9.
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 6 - LOTTERY SALES (§§ 39-17-601 — 39-17-659) › Section 39-17-658 - Exemption from federal law prohibiting transportation of gambling devices

All tickets, shares, chances or similar records and other devices imported, transported, or distributed for an annual event operated pursuant to title 3, chapter 17 are exempt from the provisions of
15 U.S.C. § 1172
.
Acts 2004, ch. 476, § 9.
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 6 - LOTTERY SALES (§§ 39-17-601 — 39-17-659) › Section 39-17-659 - Legislative intent to preempt other regulations

The general assembly, by enacting §§
39-17-651
- 39-17-658, intends to preempt any other regulation of the area covered by §§
39-17-651
- 39-17-658 and title 3, chapter 17. No political subdivision or agency may enact or enforce a law, ordinance, resolution, or regulation that regulates or prohibits any conduct in the area covered by §§
39-17-651
- 39-17-658 and title 3, chapter 17.
Acts 2004, ch. 476, § 9.
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 7 - INTOXICATING LIQUORS (§§ 39-17-701 — 39-17-715) › Section 39-17-701 - Application of part

This part shall not apply to acts that are lawful under §
26-5-107
or title 57.
Acts 1989, ch. 591, § 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 7 - INTOXICATING LIQUORS (§§ 39-17-701 — 39-17-715) › Section 39-17-702 - Unlawful sale of alcoholic beverages

(a)
It is unlawful for any person to sell wine, beer, ale, or any other beverage or mixed drink containing alcohol in any establishment unless the establishment is operating in compliance with all laws governing the sale of alcoholic beverages in the establishments.
(b)
A violation of this section is a Class B misdemeanor.
Acts 1989, ch. 591, § 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 7 - INTOXICATING LIQUORS (§§ 39-17-701 — 39-17-715) › Section 39-17-703 - Receiving, possessing, and transporting alcoholic beverages

(a)
No person, unless authorized to do so under title 57, shall receive, possess or transport with the intent to redistribute or resell in this state any intoxicating liquor that has not had all taxes attributable to the intoxicating liquor paid.
(b)
It shall be inferred that any receipt, possession, or transportation of more than five (5) gallons of intoxicating liquors that is not accompanied by a receipt or documentation from an entity holding a license issued under §
57-3-203
, §
57-3-204
, §
57-3-207
or §
57-3-218
is for the purpose of resale or distribution.
(c)
No person, unless authorized to do so pursuant to title 57, shall receive, possess, or transport an intoxicating liquor with the intent to deliver the intoxicating liquor to customers resulting in a fee or service charge.
(d)
A violation of this section is a Class A misdemeanor.
Amended by 2016 Tenn. Acts, ch. 1045,s 1, eff. 4/28/2016.
Acts 1989, ch. 591, § 1; 2009, ch. 434, §§ 1, 2; 2011, ch. 451, § 3.
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 7 - INTOXICATING LIQUORS (§§ 39-17-701 — 39-17-715) › Section 39-17-704 - Transportation of alcoholic beverages by common carriers

(a)
It is unlawful for any common carrier or other person or organization to transport into this state or to transport from one (1) location to another within this state any intoxicating beverages for the purpose of resale unless licensed to do so.
(b)
A violation of this section is a Class A misdemeanor.
Acts 1989, ch. 591, § 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 7 - INTOXICATING LIQUORS (§§ 39-17-701 — 39-17-715) › Section 39-17-705 - Exceptions

Nothing in §
39-17-703
shall make it unlawful for:
(1)
Any priest or minister of any religious denomination or sect to receive and possess wines for sacramental purposes, or for any common or other carrier to ship or transport wine for sacramental purposes to any priest or minister of any religious denomination or sect;
(2)
Druggists to receive and possess alcohol and other intoxicating liquors and preparations as may be sold by druggists for the special purposes and in the manner as provided by law, for manufacturers of medicines that conform to the provisions of the law applicable to pure food and pure drugs, or for bona fide hospitals, and for manufacturers of perfumery and toilet articles and manufacturers of flavoring extracts, to receive and possess alcohol for use of bona fide patients of the hospitals, or in the manufacturing of medicines or flavoring extracts, or perfumery or toilet articles, or for any common or other carrier to ship or transport liquor, or alcohol for such purposes to druggists or hospitals, or manufacturers of medicines, or flavoring extracts or perfumery or toilet articles;
(3)
Any person engaged in the manufacture of thermostatic devices or temperature regulators to import alcohol into this state for use in the manufacture and charging of the devices and regulators;
(4)
Bona fide educational institutions to receive and possess alcohol for scientific and therapeutic purposes, or for any common or other carrier to ship or transport alcohol for those purposes to bona fide educational institutions; or
(5)
Any person to transport intoxicating liquor not in excess of the quantity permitted by
19 U.S.C. § 1202
, notwithstanding that the liquor may be transported without the proper revenue affixed thereto, if the liquor was purchased outside the United States and brought into the state through an airport designated as a point of origin and destination for international passengers and cargo.
Acts 1989, ch. 591, § 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 7 - INTOXICATING LIQUORS (§§ 39-17-701 — 39-17-715) › Section 39-17-706 - Manufacture of alcoholic beverages

(a)
It is unlawful for any person, company, or other entity to manufacture intoxicating beverages unless authorized by law to do so; provided, that this section shall not be construed to prohibit the manufacture of alcohol for use as a fuel to power motor-driven vehicles and machinery or for heating purposes or of not less than one hundred eighty-eight (188) proof for chemical, pharmaceutical, medical, and bacteriological purposes.
(b)
A violation of this section is a Class A misdemeanor.
Acts 1989, ch. 591, § 1.
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 7 - INTOXICATING LIQUORS (§§ 39-17-701 — 39-17-715) › Section 39-17-707 - Possession of still

(a)
It is unlawful for any person to have possession or control of any still or other apparatus, or part of any still or other apparatus, used or intended to be used for the purpose of manufacturing intoxicating liquor as prohibited by law.
(b)
A violation of this section is a Class B misdemeanor.
Acts 1989, ch. 591, § 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 7 - INTOXICATING LIQUORS (§§ 39-17-701 — 39-17-715) › Section 39-17-708 - Home manufacture of wine or beer excepted

(a)
Notwithstanding the provisions of this part, a private individual in the person's own home may manufacture and possess wine or beer in an amount not in excess of that amount annually permitted as of January 1, 1997, by federal statutes and regulations relative to household manufacture and consumption; provided, that the wine or beer is for personal consumption by members and guests of the household. Such wine or beer may also be transported by the person, member or guest without being in violation of this part; provided, that the amount being transported at any one (1) time shall not exceed five (5) gallons, except as provided in §
57-5-111
.
(b)
It shall be inferred that transportation of more than five (5) gallons is for the purpose of resale or redistribution.
(c)
For purposes of this section, "beer" means the undistilled and unfortified product, of any name or description, of the normal alcoholic fermentation of malt or other ingredients except grapes.
Amended by 2015 Tenn. Acts, ch. 69,s 2, eff. 4/6/2015.
Acts 1989, ch. 591, § 1; 1997, ch. 140, §§ 1-3.
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 7 - INTOXICATING LIQUORS (§§ 39-17-701 — 39-17-715) › Section 39-17-713 - Storage of liquor for sale

(a)
It is unlawful for any person, unless authorized by law to do so, to have or keep in stock, in any warehouse or place of business or other place, any intoxicating liquors, including wine, ale or beer, intended for present or future sale as a beverage, either wholesale or retail, and whether intended to be sold for delivery at the place of sale or to be shipped or otherwise transported for delivery at another place.
(b)
A violation of this section is a Class A misdemeanor.
Acts 1989, ch. 591, § 1.
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 7 - INTOXICATING LIQUORS (§§ 39-17-701 — 39-17-715) › Section 39-17-714 - Disposal of alcoholic beverages

Upon the conviction of any person for a violation of §
39-17-713
, the sheriff or other officer shall be directed as a part of the judgment of the court to destroy or otherwise dispose of all alcoholic beverages according to law.
Acts 1989, ch. 591, § 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 7 - INTOXICATING LIQUORS (§§ 39-17-701 — 39-17-715) › Section 39-17-715 - Consuming alcoholic beverages on school premises

(a)
It is unlawful to consume or possess any alcoholic beverage on the school plant or grounds of any public school in this state having any of the grades kindergarten through twelve (K-12).
(b)
A violation of this section is a Class C misdemeanor.
Acts 1989, ch. 591, § 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 9 - OBSCENITY (§§ 39-17-NEW — 39-17-920) › Section 39-17-903 - Seizure of obscene materials - Warrant - Disposition of seized materials

(a)
Upon a showing of probable cause that the obscenity laws of this state are being violated, any judge or magistrate shall be empowered to issue a search warrant in accordance with the general law pertaining to searches and seizures in this state. The warrant shall authorize or designate a law enforcement officer to enter upon the premises where alleged violations of the obscenity laws are being carried on and take into custody one (1) example of each piece of matter which is obscene. Return on the search shall be in the manner prescribed generally for searches and seizures in this state, except that matter that is seized shall be retained by the district attorney general to be used as evidence in any legal proceeding in which the matter is in issue or involved.
(b)
When a search and seizure takes place in accordance with this section, any person aggrieved by the search and seizure, or claiming ownership of the matter seized, may file a motion in writing with the court of record in the jurisdiction in which the search and seizure took place, contesting the legality of the search and seizure or the fact of the obscenity of the matter seized. The court shall set a hearing within one (1) day after the request therefor, or at such time as the requesting party might agree. In the event the court finds that the search and seizure was illegal or if the court or any other court of competent jurisdiction shall determine that the matter is not obscene, the matter shall be forthwith returned to the person and to the place from which it was taken.
Acts 1989, ch. 591, § 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 9 - OBSCENITY (§§ 39-17-NEW — 39-17-920) › Section 39-17-904 - Destruction of material upon conviction

Upon the conviction of the accused, the court may, when the conviction becomes final, order any matter of advertisement, in respect whereof the accused stands convicted, and that remains in the possession or under the control of the district attorney general or any law enforcement agency to be destroyed, and the court may cause to be destroyed any such material in its possession or under its control.
Acts 1989, ch. 591, § 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 9 - OBSCENITY (§§ 39-17-NEW — 39-17-920) › Section 39-17-906 - Remedies supplementary

(a)
The remedies and procedures set out in §§
39-17-901
- 39-17-908 are supplementary to each other and no remedy shall be construed as excluding or prohibiting the use of any other remedy.
(b)
Except as expressly provided in this part, §§
39-17-901
- 39-17-908 shall not be construed as repealing any provisions of any other statute, but shall be supplementary thereto and cumulative thereto.
Acts 1989, ch. 591, § 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 9 - OBSCENITY (§§ 39-17-NEW — 39-17-920) › Section 39-17-907 - Restrictions on showings

(a)
It is unlawful for any person to exhibit for public consumption, whether or not the exhibition is for compensation, any motion picture, film, movie, or videotape that depicts sexual conduct as defined in §
39-17-901
, unless the exhibition is within a theater auditorium or other enclosed area that effectively removes the exhibition from the view of members of the public who are not voluntarily engaged in viewing the motion picture, film, movie, or videotape.
(b)
No minor under eighteen (18) years of age may be admitted to a movie theatre if the movie has been found to be "harmful to minors" pursuant to §
39-17-901
. It is a deceptive practice under title 47, chapter 18, part 1, to advertise or promote a motion picture as having a rating other than the rating that has been assigned to it.
(c)
A violation of this section is a Class A misdemeanor.
Amended by 2013 Tenn. Acts, ch. 459,s 1, eff. 5/20/2013.
Acts 1989, ch. 591, § 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 9 - OBSCENITY (§§ 39-17-NEW — 39-17-920) › Section 39-17-908 - Enforcement - Initiation of criminal actions - Civil proceedings

(a)
Criminal action shall commence only on criminal indictment or the issuance of a warrant by a judge of any court of record; provided, that the commencement of any criminal action shall be made only with the prior knowledge and written approval of the district attorney general or any assistant district attorney general.
(b)
Sections
39-17-901
- 39-17-908 may be enforced by either criminal actions or by actions for injunctive relief, or both, and the actions may be commenced simultaneously and proceed independently of each other.
Acts 1989, ch. 591, § 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 9 - OBSCENITY (§§ 39-17-NEW — 39-17-920) › Section 39-17-909 - Offense of providing location for minors to engage in public indecency

(a)
It is an offense for a person eighteen (18) years of age or older to knowingly promote or organize a gathering of two (2) or more minors in a public place, as defined in §
39-13-511
, with the intent to provide a location for said minors to engage in public indecency as defined in §
39-13-511
.
(b)
A violation of subsection (a) is a Class A misdemeanor.
(c)
Any personal property used in the commission of a violation of this section is, upon conviction, subject to judicial forfeiture as provided in title 39, chapter 11, part 7.
(d)
Nothing in this section shall deprive a court of any authority to suspend or cancel a license, declare the establishment a nuisance or impose costs and other monetary obligations if specifically authorized by law.
(e)
For purposes of this section "public area on the property of that business or retail establishment" means a public place as defined in §
39-13-511
.
Acts 2012, ch. 1091, § 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 9 - OBSCENITY (§§ 39-17-NEW — 39-17-920) › Section 39-17-910 - Unlawful possession, sale, distribution, or transportation of child-like sex doll

(a)
It is an offense for a person to knowingly possess a child-like sex doll.
(b)
It is an offense for a person to knowingly sell or distribute a child-like sex doll.
(c)
It is an offense for a person to knowingly transport a child-like sex doll into this state or within this state with the intent to sell or distribute the child-like sex doll.
(d)
As used in this section, "child-like sex doll" means an obscene anatomically correct doll, mannequin, or robot that is intended for sexual stimulation or gratification and that has the features of, or has features that resemble those of, a minor.
(e)
A violation of subsection (a) is a Class A misdemeanor.
(f)
A violation of subsection (b) or (c) is a Class E felony, and in addition, notwithstanding §
40-35-111
, a violator shall be fined an amount not less than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000). Any fine must be paid to the clerk of the court imposing the sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund pursuant to this subsection (f) are subject to appropriation by the general assembly for the exclusive purposes of funding child advocacy centers, court-appointed special advocates, and sexual assault centers.
Added by 2019 Tenn. Acts, ch. 360,s 1, eff. 7/1/2019.
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 9 - OBSCENITY (§§ 39-17-NEW — 39-17-920) › Section 39-17-911 - Sale, loan or exhibition of material to minors

(a)
It is unlawful for any person to knowingly sell or loan for monetary consideration or otherwise exhibit or make available to a minor:
(1)
Any picture, photograph, drawing, sculpture, motion picture film, video game, computer software game, or similar visual representation or image of a person or portion of the human body, that depicts nudity, sexual conduct, excess violence, or sado-masochistic abuse, and that is harmful to minors; or
(2)
Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording, which contains any matter enumerated in subdivision (a)(1), or that contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, excess violence, or sado-masochistic abuse, and that is harmful to minors.
(b)
It is unlawful for any person to knowingly exhibit to a minor for monetary consideration, or to knowingly sell to a minor an admission ticket or pass or otherwise admit a minor to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct, excess violence, or sado-masochistic abuse, and which is harmful to minors.
(c)
A violation of this section is a Class A misdemeanor.
(d)
It is an affirmative defense to prosecution under this section that the minor to whom the material or show was made available or exhibited was, at the time, accompanied by the person's parent or legal guardian, or by an adult with the written permission of the parent or legal guardian.
Acts 1989, ch. 591, § 1; 2000, ch. 763, § 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 9 - OBSCENITY (§§ 39-17-NEW — 39-17-920) › Section 39-17-914 - Display for sale or rental of material harmful to minors

(a)
It is unlawful for a person to display for sale or rental a visual depiction, including a videocassette tape or film, video game, computer software game, or a written representation, including a book, magazine or pamphlet, that contains material harmful to minors anywhere minors are lawfully admitted.
(b)
The state has the burden of proving that the material is displayed. Material is not considered displayed under this section if:
(1)
The material is:
(A)
Placed in "binder racks" that cover the lower two thirds (2/3) of the material and the viewable one third (1/3) is not harmful to minors;
(B)
Located at a height of not less than five and one-half feet (51/2') from the floor; and
(C)
Reasonable steps are taken to prevent minors from perusing the material;
(2)
The material is sealed, and, if it contains material on its cover that is harmful to minors, it must also be opaquely wrapped;
(3)
The material is placed out of sight underneath the counter; or
(4)
The material is located so that the material is not open to view by minors and is located in an area restricted to adults;
(5)
Unless its cover contains material which is harmful to minors, a video cassette tape or film is not considered displayed if it is in a form that cannot be viewed without electrical or mechanical equipment and the equipment is not being used to produce a visual depiction; or
(6)
In a situation if the minor is accompanied by the minor's parent or guardian, unless the area is restricted to adults as provided for in subdivision (b)(4).
(c)
A violation of this section is a Class C misdemeanor for each day the person is in violation of this section.
Acts 1989, ch. 591, § 1; 1990, ch. 1092, § 5; 2000, ch. 763, § 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 9 - OBSCENITY (§§ 39-17-NEW — 39-17-920) › Section 39-17-918 - Massage or exposure of erogenous areas

(a)
As used in this section, unless the context otherwise requires:
(1)
"Compensation" means payment, loan, advance, contribution, deposit, or gift of money or anything of value;
(2)
"Erogenous area" means the pubic area, penis, scrotum, vulva, vagina, perineum, anus or breast;
(3)
"Massage" means the art of body massage, by hand or with a mechanical or vibratory device, for the purpose of massaging, reducing, or contouring the body, and may include the use of oil rubs, heat lamps, hot and cold packs, tub, shower or cabinet baths. The procedures involved include, but are not limited to, touching, stroking, kneading, friction, vibration, percussion and medical gymnastics; and
(4)
"Masseur" or "masseuse" means a person engaged in the activities set forth in subdivision (a)(3).
(b)
It is unlawful for a masseur or masseuse to expose the masseur's or masseuse's erogenous area for compensation or to touch with any part of the masseur's or masseuse's body, or fondle in any manner or massage an erogenous area for compensation. This section shall not apply to any person authorized by the laws of this state to practice any branch of medicine, surgery, osteopathy, chiropractic or chiropody, any person holding a drugless practitioner's certificate or any person licensed as a physical therapist, while such person is acting within the scope of the license.
(c)
A violation of this section is a Class A misdemeanor.
Acts 1989, ch. 591, § 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 9 - OBSCENITY (§§ 39-17-NEW — 39-17-920) › Section 39-17-919 - Injunctions

(a)
If the district attorney general is of the opinion that §
39-17-911
or §
39-17-914
is being violated, the district attorney general may file a petition in a circuit, chancery or criminal court of that district relating the opinion, and request the court to issue a temporary restraining order or a temporary injunction enjoining the person named in the petition from removing the material in question from the jurisdiction of the court pending an adversary hearing on the petition.
(b)
If a temporary restraining order or, after notice, a temporary injunction is so issued, the person enjoined shall answer within the time set by the court, which time shall be set by the court at not more than sixty (60) days.
(c)
The adversary hearing on the petition shall be held within two (2) days after the joinder of issues.
(d)
At the conclusion of the hearing, or within two (2) days thereafter, the court will determine whether or not the material in question is in violation of §
39-17-911
or §
39-17-914
.
(e)
(1)
On a finding of a violation, the court shall grant a temporary injunction or continue its injunction in full force and effect for a period not to exceed forty-five (45) days or until an indictment on the matter has been submitted to the grand jury.
(2)
If forty-five (45) days elapse and the grand jury has taken no action, the injunction terminates.
(3)
The injunction also terminates on the grand jury returning a no true bill.
(f)
On the return of a true bill of indictment, the court shall order the material in question delivered into the hands of the court clerk or district attorney general, there to be held as evidence in the case.
Acts 1990, ch. 1092, § 10.
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 9 - OBSCENITY (§§ 39-17-NEW — 39-17-920) › Section 39-17-920 - Issuance of process

No process, except as otherwise provided, shall be issued for the violation of §
39-17-911
or §
39-17-914
, unless it is issued upon the application of the district attorney general of the district.
Acts 1990, ch. 1092, § 10.
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 10 - SEXUAL EXPLOITATION OF CHILDREN (§§ 39-17-1001 — 39-17-1008) › Section 39-17-1001 - Short title

This part shall be known and may be cited as the "Tennessee Protection of Children Against Sexual Exploitation Act of 1990."
Acts 1990, ch. 1092, § 7.
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 10 - SEXUAL EXPLOITATION OF CHILDREN (§§ 39-17-1001 — 39-17-1008) › Section 39-17-1003 - Offense of sexual exploitation of a minor

(a)
It is unlawful for any person to knowingly possess material that includes a minor engaged in:
(1)
Sexual activity; or
(2)
Simulated sexual activity that is patently offensive.
(b)
A person possessing material that violates subsection (a) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials possessed is greater than fifty (50), the person may be charged in a single count to enhance the class of offense under subsection (d).
(c)
In a prosecution under this section, the trier of fact may consider the title, text, visual representation, internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly possessed the material, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.
(d)
A violation of this section is a Class D felony; however, if the number of individual images, materials, or combination of images and materials, that are possessed is more than fifty (50), then the offense shall be a Class C felony. If the number of individual images, materials, or combination of images and materials, exceeds one hundred (100), the offense shall be a Class B felony.
(e)
In a prosecution under this section, the state is not required to prove the actual identity or age of the minor.
(f)
It shall not be a defense to a violation of this section that a minor victim of the offense consented to the conduct that constituted the offense.
Amended by 2013 Tenn. Acts, ch. 350,s 2, eff. 7/1/2013.
Acts 1990, ch. 1092, § 7; 2005, ch. 496, § 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 10 - SEXUAL EXPLOITATION OF CHILDREN (§§ 39-17-1001 — 39-17-1008) › Section 39-17-1005 - Offense of especially aggravated sexual exploitation of a minor

(a)
It is unlawful for a person to knowingly promote, employ, use, assist, transport or permit a minor to participate in the performance of, or in the production of, acts or material that includes the minor engaging in:
(1)
Sexual activity; or
(2)
Simulated sexual activity that is patently offensive.
(b)
A person violating subsection (a) may be charged in a separate count for each individual performance, image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation.
(c)
In a prosecution under this section, the trier of fact may consider the title, text, visual representation, internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, employed, used, assisted, transported or permitted a minor to participate in the performance of or in the production of acts or material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.
(d)
A violation of this section is a Class B felony. Nothing in this section shall be construed as limiting prosecution for any other sexual offense under this chapter, nor shall a joint conviction under this section and any other related sexual offense, even if arising out of the same conduct, be construed as limiting any applicable punishment, including consecutive sentencing under §
40-35-115
, or the enhancement of sentence under §
40-35-114
.
(e)
In a prosecution under this section, the state is not required to prove the actual identity or age of the minor.
(f)
A person is subject to prosecution in this state under this section for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where the person promoted, employed, assisted, transported or permitted a minor to engage in the performance of, or production of, acts or material within this state.
(g)
It shall not be a defense to a violation of subsection (a) that the minor victim of the offense consented to the conduct that constituted the offense.
Amended by 2013 Tenn. Acts, ch. 350,s 4, eff. 7/1/2013.
Acts 1990, ch. 1092, § 7; 2005, ch. 496, § 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 10 - SEXUAL EXPLOITATION OF CHILDREN (§§ 39-17-1001 — 39-17-1008) › Section 39-17-1006 - Injunctions

If the district attorney general is of the opinion that §§
39-17-1001-39
-17-1005 are being violated, the district attorney general may file a petition in a circuit, chancery or criminal court of that district relating the opinion, and request the court to issue a temporary restraining order or a temporary injunction enjoining the person named in the petition from removing the material in question from the jurisdiction of the court pending an adversary hearing on the petition. If a temporary restraining order or, after notice, a temporary injunction is so issued, the person enjoined shall answer within the time set by the court, which time shall be set by the court at not more than sixty (60) days. The adversary hearing on the petition shall be held within two (2) days after the joinder of issues. At the conclusion of the hearing, or within two (2) days thereafter, the court will determine whether or not the material in question is in violation of §§
39-17-1001
- 39-17-1005. On a finding of a violation, the court shall grant a temporary injunction or continue its injunction in full force and effect for a period not to exceed forty-five (45) days or until an indictment on the matter has been submitted to the grand jury. If forty-five (45) days elapse and the grand jury has taken no action, the injunction terminates. The injunction also terminates on the grand jury returning a no true bill. On the return of a true bill of indictment, the court shall order the material in question delivered into the hands of the court clerk or district attorney general, there to be held as evidence in the case.
Acts 1990, ch. 1092, § 7.
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 10 - SEXUAL EXPLOITATION OF CHILDREN (§§ 39-17-1001 — 39-17-1008) › Section 39-17-1007 - Issuance of process

No process, except as otherwise provided, shall be issued for the violation of §§
39-17-1003
- 39-17-1005 unless it is issued upon the application of the district attorney general of the district.
Acts 1990, ch. 1092, § 7.
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 10 - SEXUAL EXPLOITATION OF CHILDREN (§§ 39-17-1001 — 39-17-1008) › Section 39-17-1008 - Forfeiture of any conveyance or real or personal property used in commission of an offense under this part

(a)
Any conveyance or real or personal property used in the commission of an offense under this part is subject to forfeiture under title 40, chapter 33, part 2.
(b)
Notwithstanding §
40-33-211
, the proceeds from all forfeitures made pursuant to this section shall be transmitted to the general fund, where there is established a general fund reserve to be allocated through the general appropriations act, which shall be known as the child abuse fund. Moneys from the fund shall be expended to fund activities authorized by the child abuse fund as set out in §
39-13-530
. Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund at the end of the fiscal year. Any excess revenues or interest earned by the revenues shall not revert at the end of the fiscal year, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from the reserve shall not revert to the general fund at the end of the fiscal year, but shall remain available for expenditure in subsequent fiscal years.
Acts 2006, ch. 960, § 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 11 - PUBLIC EVENTS (§§ 39-17-1101 — 39-17-1104) › Section 39-17-1101 - Prize fighting, sparring and other brutal sports unlawful - Exception

(a)
It is an offense for any person or persons to engage in what is known as prize fighting or boxing with or without gloves, or in other brutal sport or exhibition, whereby bruising, maiming, or other serious bodily injury may result to the boxers or participants unless regulated pursuant to title 68, chapter 115.
(b)
This section shall not be construed to apply to football, baseball, basketball, hockey, soccer, lacrosse or similar activities, nor to any professional contest of unarmed combat regulated pursuant to title 68, chapter 115.
(c)
Nothing in this section shall be construed to prohibit or declare unlawful any activity authorized by other provisions of this code when carried out in accordance with the other provisions, or to render any participants of the same liable to the penalties of subsection (d).
(d)
All persons engaging in the sports or contests designated in this section either as principals, aids, seconds, or backers, commit a Class C misdemeanor.
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 11 - PUBLIC EVENTS (§§ 39-17-1101 — 39-17-1104) › Section 39-17-1102 - Definitions for sports bribery

As used in §
39-17-1103
, unless the context otherwise requires:
(1)
"Sports contest" means any professional or amateur sport, athletic game, contest, or race involving machines, persons or animals, viewed by the public, or for which admission is charged;
(2)
"Sports official" means any person who acts or expects to act in a sports contest as an umpire, referee or judge, or otherwise to officiate at a sports contest; and
(3)
"Sports participant" means any person who participates or expects to participate in a sports contest as a player, contestant or member of a team, or as a coach, manager, trainer or other person directly associated with a player, contest or team.
Acts 1989, ch. 591, § 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 11 - PUBLIC EVENTS (§§ 39-17-1101 — 39-17-1104) › Section 39-17-1103 - Sports bribery

(a)
A person commits the crime of sports bribery who:
(1)
Confers, or offers or agrees to confer, any benefit upon a sports participant with intent to influence the participant not to give the participant's best efforts in a sports contest;
(2)
Confers, or offers or agrees to confer any benefit upon a sports official in return for an agreement from the official to perform the official's duties improperly;
(3)
Being a sports participant, solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the participant will thereby be influenced not to give the participant's best efforts in a sports contest; or
(4)
Being a sports official, solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the official will perform the official's duties improperly.
(b)
Sports bribery is a Class A misdemeanor.
Acts 1989, ch. 591, § 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 11 - PUBLIC EVENTS (§§ 39-17-1101 — 39-17-1104) › Section 39-17-1104 - Interference with operations of ticket seller

(a)
As used in this section, unless the context otherwise requires, "ticket seller" means a person who has executed a written agreement with the management of any venue for a sporting event, theater, musical performance, or public entertainment or amusement of any kind, to sell tickets to such an event over the internet.
(b)
It is an offense for any person to knowingly sell, give, transfer, use, distribute or possess with the intent to sell, give or distribute software that is primarily designed or produced for the purpose of interfering with the operations of any ticket seller that sells, over the internet, tickets of admission to a sporting event, theater, musical performance, or place of public entertainment or amusement of any kind by circumventing any security measures on the ticket seller's website, circumventing any access control systems of the ticket seller's website, or circumventing any controls or measures that are instituted by the ticket seller on its website to ensure an equitable ticket buying process.
(c)
(1)
A violation of this section is a Class B misdemeanor, punishable by fine only of not more than five hundred dollars ($500), or any profits made or tickets acquired in the course of the violation of this section, whichever amount is greater.
(2)
Each acquisition, sale, or offer in violation of this section constitutes a separate offense.
Acts 2008, ch. 731, § 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 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-NEW - [Newly enacted section not yet numbered]

(a)
As used in this section, "extreme risk protection order":
(1)
Means an executive order or a written order or warrant issued by a judge, magistrate, or other judicial officer, with the primary purpose of reducing the risk of firearm-related death or injury by doing one (1) or more of the following:
(A)
Prohibiting a named individual from having under the individual's custody or control, owning, possessing, or receiving a firearm; or
(B)
Removing a firearm from or requiring the surrender of a firearm by a named individual; and
(2)
Does not include an order of protection issued pursuant to title 36, chapter 3, part 6.
(b)
Except as otherwise provided by state law, the general assembly preempts the entire field of legislation regarding extreme risk protection orders to the exclusion of all county, city, town, municipality, or metropolitan government law, ordinances, resolutions, enactments, or regulation.
(c)
A political subdivision of this state is prohibited from accepting a grant or other source of funding for the purpose of implementing an ordinance, rule, executive order, judicial order, or judicial finding that would have the effect of enforcing an extreme risk protection order against a resident of this state.
Added by 2024 Tenn. Acts, ch. 1062,s 1, eff. 5/28/2024.
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 13 - WEAPONS (§§ 39-17-NEW — 39-17-1366) › Section 39-17-1303 - Unlawful sale, loan or gift of firearm

(a)
A person commits an offense who:
(1)
Intentionally, knowingly, or recklessly sells, loans or makes a gift of a firearm to a minor;
(2)
Intentionally, knowingly or recklessly sells a firearm or ammunition for a firearm to a person who is intoxicated; or
(3)
Intentionally, knowingly, recklessly or with criminal negligence violates §
39-17-1316
.
(b)
It is a defense to prosecution under subdivision (a)(1) that:
(1)
A firearm was loaned or given to a minor for the purposes of hunting, trapping, fishing, camping, sport shooting or any other lawful sporting activity; and
(2)
The person is not required to obtain a license under §
39-17-1316
.
(c)
For purposes of this section, "intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body.
(d)
An offense under this section is a Class A misdemeanor.
Amended by 2014 Tenn. Acts, ch. 647,s 3, eff. 7/1/2014.
Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 3.