reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 6 - JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY (§§ 39-11-601 — 39-11-622) › Section 39-11-621 - Use of deadly force by private citizen

A private citizen, in making an arrest authorized by law, may use force reasonably necessary to accomplish the arrest of an individual who flees or resists the arrest; provided, that a private citizen cannot use or threaten to use deadly force except to the extent authorized under self-defense or defense of third person statutes, §§
39-11-611
and
39-11-612
.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 7 - DISPOSITION OF FORFEITED PROPERTY (§§ 39-11-701 — 39-11-717) › Section 39-11-701 - Legislative intent

(a)
The general assembly finds and declares that an effective means of deterring criminal acts committed for financial gain is through the forfeiture of profits and proceeds acquired and accumulated as a result of such criminal activities.
(b)
It is the intent of the general assembly to provide the necessary tools to law enforcement agencies and district attorneys general to punish and deter the criminal activities of professional criminals and organized crime through the unitary enforcement of effective forfeiture and penal laws. It is the intent of the general assembly, consistent with due process of law, that all property acquired and accumulated as a result of criminal offenses be forfeited to the state, and that the proceeds be used to fund further law enforcement efforts in this state.
(c)
It is further the intent of the general assembly to protect bona fide interest holders and innocent owners of property under this part. It is the intent of the general assembly to provide for the forfeiture of illegal profits without unduly interfering with commercially protected interests.
Acts 1998, ch. 979, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 7 - DISPOSITION OF FORFEITED PROPERTY (§§ 39-11-701 — 39-11-717) › Section 39-11-702 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Attorney general" means the district attorney general, and the district attorney general's assistants;
(2)
"Interest holder" means a secured party within the meaning of §
47-9-102(a)
, a mortgagee, lien creditor, one granted a possessory lien under law, or the beneficiary of a security interest or encumbrance pertaining to an interest in property, whose interest would be perfected against a good faith purchaser for value. A person who holds property for the benefit of or as an agent or nominee for another person, or who is not in substantial compliance with any statute requiring an interest in property to be recorded or reflected in public records in order to perfect the interest against a good faith purchaser for value, is not an interest holder;
(3)
"Owner" means a person, other than an interest holder, who has an interest in property. A person who holds property for the benefit of or as an agent or nominee for another person, or who is not in substantial compliance with any statute requiring an interest in property to be recorded or reflected in public records in order to perfect the interest against a good faith purchaser for value, is not an owner; and
(4)
"Property" means anything of value, and includes any interest in property, including any benefit, privilege, claim or right with respect to anything of value, whether real or personal, tangible or intangible.
Acts 1998, ch. 979, § 2; 2000, ch. 846, § 25.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 7 - DISPOSITION OF FORFEITED PROPERTY (§§ 39-11-701 — 39-11-717) › Section 39-11-704 - Property exempt from forfeiture

(a)
No interest in any property described in §
39-11-703(a)
shall be subject to forfeiture when one (1) of the following conditions is established:
(1)
If the owner or interest holder acquired the property before the conduct alleged to give rise to its forfeiture;
(2)
If the owner or interest holder acquired the property during or after the conduct alleged to give rise to its forfeiture, and the owner or interest holder acquired this interest as a good faith purchaser for value, or acquired this interest in a commercially reasonable manner, and the owner or interest holder:
(A)
Acted reasonably to prevent the conduct giving rise to forfeiture; or
(B)
Did not know of the acts giving rise to forfeiture.
(b)
No interest in real or personal property shall be forfeited under §
39-11-703(b)
, unless the owner or interest holder is convicted of a crime or crimes described in §
39-11-703(b)
. If the owner or interest holder is an entity other than a natural person, the property shall not be forfeited unless the entity's officer, employee or agent is convicted of the crime or crimes under §
39-11-703(b)
and the state shall also have the burden to establish beyond a reasonable doubt the following additional elements:
(1)
The conviction is based on acts by the defendant in the course of and within the scope of the defendant's employment; and
(2)
The entity knew or had reason to know from information in the entity's possession, other than through its convicted officer, employee or agent, of the criminal nature of the acts.
(c)
The state may stipulate that the interest of an owner or interest holder is exempt from forfeiture upon presentation of proof of the claim. The state shall file the stipulation with the court exercising jurisdiction over the forfeiture action and the filing of stipulation shall constitute an admission by the state that the interest is exempt from forfeiture. If a stipulation is submitted, then no further claim, answer or pleading shall be required of the stipulated owner or interest holder, and a judgment shall be entered exempting that interest from forfeiture.
(d)
If equipment and fixtures are seized while in possession of someone other than the owner, or are on premises that are padlocked and the owner of the equipment and fixtures has no interest in the padlocked premises, then the owner may obtain return of the equipment and fixtures, if the owner:
(1)
Did not know of the act giving rise to forfeiture; or
(2)
Acted reasonably to prevent the conduct giving rise to forfeiture.
Acts 1998, ch. 979, § 4; 2009, ch. 432, §§ 2, 3.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 7 - DISPOSITION OF FORFEITED PROPERTY (§§ 39-11-701 — 39-11-717) › Section 39-11-705 - Jurisdiction and venue

(a)
Jurisdiction in a civil forfeiture action under this part extends to the chancery and circuit courts of this state, and general sessions courts for personal property where the value of personal property subject to forfeiture does not exceed the jurisdictional limits of the court, over the following:
(1)
All interests in property if the property for which forfeiture is sought is within this state at the time the action is filed; and
(2)
The interest of an owner or interest holder in the property for which forfeiture is sought if the owner or interest holder is subject to the personal jurisdiction of the court.
(b)
Jurisdiction in a criminal forfeiture action under this part extends to the circuit and criminal courts of this state, and general sessions courts for personal property where the value of personal property subject to forfeiture does not exceed the jurisdictional limits of the court and the state and defendant consent to the exercise of jurisdiction by the general sessions court. Jurisdiction over the interests of a third party who is not a defendant in the criminal prosecution must be exercised in a separate civil forfeiture action.
(c)
In addition to any other provision of law, a proceeding for forfeiture under this part may be maintained in the judicial district in which any part of the property is found or in the judicial district in which a criminal prosecution could be maintained against an owner or interest holder for the conduct alleged to give rise to the forfeiture. Any court with jurisdiction pursuant to this section may issue and cause to be served in any other judicial district such process as may be required to bring before the court the property that is the subject of the forfeiture action.
Acts 1998, ch. 979, § 5; 2001, ch. 381, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 7 - DISPOSITION OF FORFEITED PROPERTY (§§ 39-11-701 — 39-11-717) › Section 39-11-706 - Evidence

In a forfeiture action under this part, pertaining to the issue of whether the property or proceeds were known to be from some form of criminal offense, either party may introduce evidence that:
(1)
The property was involved in a financial transaction that was conducted or structured to evade the reporting requirements of any state or federal law;
(2)
Money or any negotiable instrument was found in proximity to contraband or instrumentalities of an offense;
(3)
The property was involved in a financial transaction that was conducted with the use of a false or fictitious name; and
(4)
A financial transaction involving the property was structured so as to falsely report the actual consideration or value of the transaction.
Acts 1998, ch. 979, § 6.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 7 - DISPOSITION OF FORFEITED PROPERTY (§§ 39-11-701 — 39-11-717) › Section 39-11-711 - Protection of seized property

In the event there is probable cause to believe that any individual having a right to enter real property that is the subject of a forfeiture proceeding under this part is also engaged, or about to engage, in conduct that will result in the diminution of the value of the real property to the state, then the court in which the forfeiture is pending may grant injunctive relief enjoining any such action diminishing the value of the property, including the padlocking of the premises or the appointment of a receiver or any other appropriate extraordinary relief.
Acts 1998, ch. 979, § 11.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 7 - DISPOSITION OF FORFEITED PROPERTY (§§ 39-11-701 — 39-11-717) › Section 39-11-714 - Assistance by other agencies

The attorney general may authorize any governmental department or agency of this state, any political subdivision of the state, or any other state or federal government to participate in the investigation into the conduct giving rise to forfeiture under this part. The grand jury may provide any records, documents, or evidence received by subpoena to the district attorney general for the enforcement of this part.
Acts 1998, ch. 979, § 14.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 7 - DISPOSITION OF FORFEITED PROPERTY (§§ 39-11-701 — 39-11-717) › Section 39-11-715 - Equity powers of court

Any criminal court or general sessions court may conduct such hearings and enter such orders, injunctions, restraining orders, prohibitions, or issue any extraordinary process for the purpose of ensuring that any defendant does not use any proceeds directly or indirectly derived from a criminal offense for the purpose of securing an appearance bond or to pay the premium for the bond. Any court may require the defendant or bonding agent to prove in open court the source of such bond or premium before accepting the bond, and the burden of proof shall be upon the party seeking the approval or acceptance of the bond.
Acts 1998, ch. 979, § 15.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 7 - DISPOSITION OF FORFEITED PROPERTY (§§ 39-11-701 — 39-11-717) › Section 39-11-716 - Immunities

The attorney general, the attorney general's assistants and investigators shall not be civilly liable for any acts performed in furtherance of the purposes of this part.
Acts 1998, ch. 979, § 16.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 7 - DISPOSITION OF FORFEITED PROPERTY (§§ 39-11-701 — 39-11-717) › Section 39-11-717 - Supplement to other laws - Retroactive application

This part does not supersede any other statute or law relating to forfeiture of property and may be used in conjunction with administrative forfeiture laws. This law pertaining to the forfeiture of property is remedial and shall be liberally construed to effect its purpose. This part shall apply retroactively to all proceeds acquired or received prior to June 27, 1998, if the conduct giving rise to forfeiture constituted a criminal offense at the time of the acquisition of the property.
Acts 1998, ch. 979, § 17.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 12 - GENERAL OFFENSES (§§ 39-12-101 — 39-12-302) › Part 1 - INCHOATE OFFENSES (§§ 39-12-101 — 39-12-107) › Section 39-12-101 - Criminal attempt

(a)
A person commits criminal attempt who, acting with the kind of culpability otherwise required for the offense:
(1)
Intentionally engages in action or causes a result that would constitute an offense, if the circumstances surrounding the conduct were as the person believes them to be;
(2)
Acts with intent to cause a result that is an element of the offense, and believes the conduct will cause the result without further conduct on the person's part; or
(3)
Acts with intent to complete a course of action or cause a result that would constitute the offense, under the circumstances surrounding the conduct as the person believes them to be, and the conduct constitutes a substantial step toward the commission of the offense.
(b)
Conduct does not constitute a substantial step under subdivision (a)(3), unless the person's entire course of action is corroborative of the intent to commit the offense.
(c)
It is no defense to prosecution for criminal attempt that the offense attempted was actually committed.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 12 - GENERAL OFFENSES (§§ 39-12-101 — 39-12-302) › Part 1 - INCHOATE OFFENSES (§§ 39-12-101 — 39-12-107) › Section 39-12-102 - Solicitation - Defenses disallowed

(a)
Whoever, by means of oral, written or electronic communication, directly or through another, intentionally commands, requests or hires another to commit a criminal offense, or attempts to command, request or hire another to commit a criminal offense, with the intent that the criminal offense be committed, is guilty of the offense of solicitation.
(b)
It is no defense that the solicitation was unsuccessful and the offense solicited was not committed. It is no defense that the person solicited could not be guilty of the offense solicited, due to insanity, minority, or other lack of criminal responsibility or incapacity. It is no defense that the person solicited was unaware of the criminal nature of the conduct solicited. It is no defense that the person solicited is unable to commit the offense solicited because of the lack of capacity, status, or characteristic needed to commit the offense solicited, so long as the person soliciting or the person solicited believes that either or both have such capacity, status, or characteristic.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 12 - GENERAL OFFENSES (§§ 39-12-101 — 39-12-302) › Part 1 - INCHOATE OFFENSES (§§ 39-12-101 — 39-12-107) › Section 39-12-103 - Criminal conspiracy

(a)
The offense of conspiracy is committed if two (2) or more people, each having the culpable mental state required for the offense that is the object of the conspiracy, and each acting for the purpose of promoting or facilitating commission of an offense, agree that one (1) or more of them will engage in conduct that constitutes the offense.
(b)
If a person guilty of conspiracy, as defined in subsection (a), knows that another with whom the person conspires to commit an offense has conspired with one (1) or more other people to commit the same offense, the person is guilty of conspiring with the other person or persons, whether or not their identity is known, to commit the offense.
(c)
If a person conspires to commit a number of offenses, the person is guilty of only one (1) conspiracy, so long as the multiple offenses are the object of the same agreement or continuous conspiratorial relationship.
(d)
No person may be convicted of conspiracy to commit an offense, unless an overt act in pursuance of the conspiracy is alleged and proved to have been done by the person or by another with whom the person conspired.
(e)
(1)
Conspiracy is a continuing course of conduct that terminates when the objectives of the conspiracy are completed or the agreement that they be completed is abandoned by the person and by those with whom the person conspired. The objectives of the conspiracy include, but are not limited to, escape from the crime, distribution of the proceeds of the crime, and measures, other than silence, for concealing the crime or obstructing justice in relation to it.
(2)
Abandonment of a conspiracy is presumed if neither the person nor anyone with whom the person conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation.
(3)
If an individual abandons the agreement, the conspiracy is terminated as to that person only if and when the person, advises those with whom the person conspired of the abandonment, or the person informs law enforcement authorities of the existence of the conspiracy and of the person's participation in the conspiracy.
(f)
It is no defense that the offense that was the object of the conspiracy was not committed.
(g)
Nothing in this section is intended to modify the evidentiary rules allowing statements of co-conspirators in furtherance of a conspiracy.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 12 - GENERAL OFFENSES (§§ 39-12-101 — 39-12-302) › Part 1 - INCHOATE OFFENSES (§§ 39-12-101 — 39-12-107) › Section 39-12-104 - Renunciation defense

It is an affirmative defense to a charge of criminal attempt, solicitation or conspiracy that the person, after committing the criminal attempt, solicitation or conspiracy, prevented the successful commission of the offense attempted, solicited or conspired, under circumstances manifesting a complete and voluntary renunciation of the person's criminal purpose.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 12 - GENERAL OFFENSES (§§ 39-12-101 — 39-12-302) › Part 1 - INCHOATE OFFENSES (§§ 39-12-101 — 39-12-107) › Section 39-12-105 - Incapacity, irresponsibility or immunity of party to attempt, solicitation or conspiracy - Defenses

(a)
Except as provided in subsection (c), it is immaterial to the liability of a person who solicits another to commit an offense that:
(1)
The person or the one whom the person solicits does not occupy a particular position or have a particular characteristic that is an element of the offense, if the person believes that one of them does; or
(2)
The one whom the person solicits is not legally responsible or has an immunity to prosecution or conviction for the commission of the offense.
(b)
Except as provided in subsections (c) and (d), it is immaterial to the liability of a person who conspires with another to commit an offense that the one with whom the person conspires is not legally responsible or, after the formation of the conspiracy, has been given immunity to prosecution or conviction for the commission of the offense.
(c)
It is a defense to a charge of attempt, solicitation or conspiracy to commit an offense that if the criminal object were achieved, the person would not be guilty of an offense under the law defining the offense or as an accomplice under §
39-11-402
.
(d)
It is a defense to a charge of conspiracy that the person or the one with whom the person conspires does not occupy a particular position or have a particular characteristic which is an element of such offense, if the person believes one of them does.
Acts 1989, ch. 591, § 1; 1990, ch. 980, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 12 - GENERAL OFFENSES (§§ 39-12-101 — 39-12-302) › Part 1 - INCHOATE OFFENSES (§§ 39-12-101 — 39-12-107) › Section 39-12-106 - Multiple convictions

(a)
A person may not be convicted of more than one (1) of the offenses of criminal attempt, solicitation or conspiracy for conduct designed to commit or to culminate in the commission of the same offense.
(b)
A person may not be convicted of criminal attempt or solicitation and the offense that was the object of the attempt or solicitation.
(c)
A person may be convicted of conspiracy and the offense which was the object of the conspiracy.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 10.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 12 - GENERAL OFFENSES (§§ 39-12-101 — 39-12-302) › Part 1 - INCHOATE OFFENSES (§§ 39-12-101 — 39-12-107) › Section 39-12-107 - Grading attempt, solicitation and conspiracy

(a)
Criminal attempt is an offense one (1) classification lower than the most serious crime attempted, unless the offense attempted was a Class C misdemeanor, in which case the attempt would not be an offense.
(b)
Solicitation is an offense two (2) classifications lower than the most serious offense solicited, unless the offense solicited was a Class B or C misdemeanor, in which case the solicitation would not be an offense.
(c)
Except as provided in §
39-17-417(i) and (j)
, conspiracy is an offense one (1) classification lower than the most serious offense that is the object of the conspiracy, unless the offense conspired was a Class C misdemeanor, in which case the conspiracy would not be an offense.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 12 - GENERAL OFFENSES (§§ 39-12-101 — 39-12-302) › Part 2 - ORGANIZED CRIME (§§ 39-12-201 — 39-12-210) › Section 39-12-201 - Short title

This part shall be known and may be cited as the "Racketeer Influenced and Corrupt Organization (RICO) Act of 1989."
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 12 - GENERAL OFFENSES (§§ 39-12-101 — 39-12-302) › Part 2 - ORGANIZED CRIME (§§ 39-12-201 — 39-12-210) › Section 39-12-202 - Legislative intent

(a)
The general assembly finds and declares that an effective means of punishing and deterring organized crime involving gang activity and human trafficking is prosecuting unlawful conduct that furthers the interests of these criminal organizations, as well as the forfeiture of profits derived from such criminal activities.
(b)
It is not the intent of the general assembly that isolated incidents of felony conduct be prosecuted under this part, but only an interrelated pattern of criminal activity.
Amended by 2023 Tenn. Acts, ch. 487, s 1, eff. 7/1/2023.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 12 - GENERAL OFFENSES (§§ 39-12-101 — 39-12-302) › Part 2 - ORGANIZED CRIME (§§ 39-12-201 — 39-12-210) › Section 39-12-204 - Unlawful activities

(a)
It is an offense for a person employed by, or associated with, an enterprise to knowingly conduct or participate in the enterprise through a pattern of racketeering activity.
(b)
It is an offense for a person, through a pattern of racketeering activity, to acquire or maintain, directly or indirectly, an interest in or control of an enterprise of real or personal property.
(c)
It is an offense for a person who has received proceeds derived from a pattern of racketeering activity to use or invest any part of those proceeds in the acquisition of any interest in real or personal property or in the establishment or operation of an enterprise.
(d)
It is an offense for a person to attempt or conspire to violate subsection (a), (b), or (c).
(e)
A person may be convicted for a violation of this section, a conspiracy to violate this section, and any predicate acts of racketeering activity.
Amended by 2023 Tenn. Acts, ch. 487, s 7, eff. 7/1/2023.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 12 - GENERAL OFFENSES (§§ 39-12-101 — 39-12-302) › Part 2 - ORGANIZED CRIME (§§ 39-12-201 — 39-12-210) › Section 39-12-205 - Penalties

(a)
A conviction under this part must be punished as a Class B felony, unless the conviction is based upon a pattern of racketeering activity that involved a homicide, in which case the conviction must be punished as a Class A felony. A person convicted under this part must be fined not more than two hundred fifty thousand dollars ($250,000) and, notwithstanding title 40, chapter 35, must 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 may it be lower than Range II.
(b)
(1)
In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation of this part, through which pecuniary value is derived, or by which personal injury or property damage or other loss is caused, may be sentenced to pay a fine that does not exceed three (3) times the gross value gained or three (3) times the gross loss caused, whichever is the greater, plus court costs and the costs of investigation and prosecution, reasonably incurred.
(2)
For the purposes of subdivision (b)(1) "pecuniary value" means:
(A)
Anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else, the primary significance of which is economic advantage; or
(B)
Any other property or service that has a value in excess of five hundred dollars ($500).
(c)
The court shall hold a hearing to determine the amount of the fine authorized by subsection (b).
(d)
Any fine imposed pursuant to this section shall be fixed in accordance with §
40-35-301
.
Amended by 2023 Tenn. Acts, ch. 487, s 8, eff. 7/1/2023.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 12 - GENERAL OFFENSES (§§ 39-12-101 — 39-12-302) › Part 2 - ORGANIZED CRIME (§§ 39-12-201 — 39-12-210) › Section 39-12-209 - Investigative agencies - Oaths - Subpoenas - Evidence

(a)
If, pursuant to the civil enforcement provisions of this part, the investigative agency has reason to believe that a person or other enterprise has engaged in, or is engaging in, activity in violation of this part, the investigative agency may administer oaths or affirmations, subpoena witnesses or material, and collect evidence pursuant to the Tennessee Rules of Civil Procedure.
(b)
If matter that the investigative agency seeks to obtain by the subpoena is located outside the state, the person or enterprise subpoenaed may make the matter available to the investigative agency or its representative for examination at the place where the matter is located. The investigative agency may designate representatives, including officials of the jurisdiction in which the matter is located, to inspect the matter on its behalf and may respond to similar requests from officials of other jurisdictions.
(c)
Upon failure of a person or enterprise without lawful excuse to obey a subpoena, and after reasonable notice to the person or enterprise, the investigative agency may apply to the circuit or chancery court for the judicial district in which the person or enterprise resides, is found, or transacts business for an order compelling compliance.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 12 - GENERAL OFFENSES (§§ 39-12-101 — 39-12-302) › Part 2 - ORGANIZED CRIME (§§ 39-12-201 — 39-12-210) › Section 39-12-210 - Remedies of creditors and innocent persons

(a)
Any creditor or innocent person who has an interest in any real or personal property that is the subject of any civil suit filed by the investigative agency shall have the right to intervene in the civil suit.
(b)
(1)
If there is no civil suit pending, any creditor or innocent person who has an interest in any real or personal property that is the subject of any RICO lien notice may apply to the investigative agency for a release of the property. The investigative agency shall, within thirty (30) days of such application, either release the property or deny the application. If the investigative agency denies the application for relief, the creditor or innocent person may petition the appropriate chancery or circuit court for release of the lien. The hearing shall be held within thirty (30) days of receipt of process by the investigative agency.
(2)
Upon application for release or hearing pursuant to this section, the real or personal property, or portion of the real or personal property in which a creditor or innocent person has an interest, shall be released, upon a finding that the creditor or innocent person is not a participant with the defendant in the enterprise or racketeering activity, and did not know, or have reason to know, of such activity prior to the filing of a RICO lien notice.
(c)
The remedies provided to creditors and innocent persons in this section are in addition to any other rights or remedies provided by this part or by law.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 12 - GENERAL OFFENSES (§§ 39-12-101 — 39-12-302) › Part 3 - CRIMES OF FORCE OR VIOLENCE (§§ 39-12-301 — 39-12-302) › Section 39-12-301 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Acting in concert", as used in this part, means such conduct that would make one criminally responsible pursuant to §
39-11-401
, §
39-11-402
, or §
39-11-403
; and
(2)
"Crime of force or violence" means any of the following felony offenses:
(A)
Aggravated assault as defined in §
39-13-102(a)(1)
;
(B)
Robbery as defined in §
39-13-401
; and
(C)
Aggravated burglary as defined in §
39-13-1003
.
Amended by 2021 Tenn. Acts, ch. 545, s 8, eff. 7/1/2021.
Acts 2012 , ch. 725, § 2.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 12 - GENERAL OFFENSES (§§ 39-12-101 — 39-12-302) › Part 3 - CRIMES OF FORCE OR VIOLENCE (§§ 39-12-301 — 39-12-302) › Section 39-12-302 - Higher classification for crime of force or violence when acting in concert

(a)
A crime of force or violence committed while acting in concert with two (2) or more other persons shall be classified one (1) classification higher than if it was committed alone.
(b)
The indictment shall charge that the offense was committed while acting in concert with two (2) or more other persons.
Acts 2012, ch. 725, § 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 1 - ASSAULTIVE OFFENSES (§§ 39-13-NEW — 39-13-117) › Section 39-13-NEW - [Newly enacted section not yet numbered] (§ 39-13-NEW) › 1

(a)
A person commits assault within a healthcare facility who:
(1)
Knowingly causes bodily injury to another within a healthcare facility; or
(2)
Knowingly causes physical contact with another within a healthcare facility and a reasonable person would regard the contact as extremely offensive or provocative, including, but not limited to, spitting, throwing, or otherwise transferring bodily fluids, bodily pathogens, or human waste onto the person of another.
(b)
A person commits aggravated assault within a healthcare facility who knowingly commits an assault under subsection (a) within a healthcare facility, and the assault:
(1)
Results in serious bodily injury to the victim;
(2)
Results in the death of the victim;
(3)
Involves the use or display of a deadly weapon; or
(4)
Involves strangulation or attempted strangulation.
(c)
(1)
Assault within a healthcare facility under subsection (a) is a Class A misdemeanor, and shall be punished by a mandatory fine of five thousand dollars ($5,000) and a mandatory minimum sentence of thirty (30) days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire thirty-day mandatory minimum sentence.
(2)
Aggravated assault within a healthcare facility under subsection (b) is a Class C felony, and is punished by a mandatory fine of fifteen thousand dollars ($15,000) and a mandatory minimum sentence of ninety (90) days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire ninety-day mandatory minimum sentence.
(d)
As used in this section, "healthcare facility" means the portion of an institution, place, building, or office devoted to providing healthcare services, as defined in § 56-61-102, and includes the reception and administrative areas of the facility.
Added by 2024 Tenn. Acts, ch. 928,s 2, eff. 7/1/2024.
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-NEW - [Newly enacted section not yet numbered] (§ 39-13-NEW) › 2

(a)
A person commits assault against a participant in judicial proceedings who, while on the premises of a building in which judicial proceedings occur:
(1)
Knowingly causes bodily injury to a victim who the person knows or reasonably should know is present due to the victim's participation in judicial proceedings; or
(2)
Knowingly causes physical contact with a victim who the person knows or reasonably should know is present due to the victim's participation in judicial proceedings and a reasonable person would regard the contact as extremely offensive or provocative, including, but not limited to, spitting, throwing, or otherwise transferring bodily fluids, bodily pathogens, or human waste onto the person of the victim.
(b)
A violation of subsection (a) is a Class E felony.
(c)
As used in this section, "victim's participation in judicial proceedings" includes:
(1)
A victim's employment as a judge, district attorney general, attorney for a party in a criminal or civil case, court employee, bailiff, courtroom security personnel, and other person who works in the building in which judicial proceedings occur;
(2)
A victim's status as a juror, witness, or party to a criminal or civil case or a victim in a criminal case; and
(3)
A victim's status as a member of the public lawfully present in a courtroom during a criminal or civil proceeding.
Added by 2024 Tenn. Acts, ch. 1045,s 1, eff. 7/1/2024.
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 39-13-101 - Assault

(a)
A person commits assault who:
(1)
Intentionally, knowingly or recklessly causes bodily injury to another;
(2)
Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
(3)
Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative.
(b)
(1)
Assault under:
(A)
Subdivision (a)(1) is a Class A misdemeanor, punishable by incarceration and a fine not to exceed fifteen thousand dollars ($15,000);
(B)
Subdivision (a)(2) is a Class A misdemeanor; and
(C)
Subdivision (a)(3) is a Class B misdemeanor.
(2)
Any conduct by an inmate against a correctional officer, guard, jailer, or other full-time employee of a penal institution, local jail, or workhouse, that would constitute an assault under subdivision (a)(1) shall be reported by the managing authority of the institution to the appropriate district attorney general for prosecution.
(3)
In addition to any other punishment that may be imposed for a violation of this section, if the relationship between the defendant and the victim of the assault is such that the victim is a domestic abuse victim as defined in §
36-3-601
, and if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred dollars ($200), then the court shall impose a fine at the level of the defendant's ability to pay, but no less than one hundred dollars ($100) and not in excess of two hundred dollars ($200). The additional fine shall be paid to the clerk of the court imposing 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 shall be subject to appropriation by the general assembly for the exclusive purpose of funding family violence shelters and shelter services. Such appropriation shall be in addition to any amount appropriated pursuant to §
67-4-411
.
(c)
For purposes of this section and §
39-13-102
, "health care provider" means a person who is licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business in the practicing of a profession.
Amended by 2020 Tenn. Acts, ch. 756, s 1, eff. 7/1/2020.
Amended by 2018 Tenn. Acts, ch. 925, s 1, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 1052, s 1, eff. 4/28/2016.
Amended by 2013 Tenn. Acts, ch. 325, s 1, eff. 7/1/2013.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 11; 2002, ch. 649, § 1; 2009 , ch. 412, § 1; 2010 , ch. 981, § 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 1 - ASSAULTIVE OFFENSES (§§ 39-13-NEW — 39-13-117) › Section 39-13-103 - Reckless endangerment

(a)
A person commits an offense who recklessly engages in conduct that places or may place another person in imminent danger of death or serious bodily injury.
(b)
(1)
Reckless endangerment is a Class A misdemeanor.
(2)
Reckless endangerment committed with a deadly weapon is a Class E felony.
(3)
Reckless endangerment by discharging a firearm or antique firearm into a habitation, as defined under §
39-14-401
, is a Class C felony, unless the habitation was unoccupied at the time of the offense, in which event it is a Class D felony.
(4)
Reckless endangerment by discharging a firearm from within a motor vehicle, as defined by §
55-1-103
, is a Class C felony.
(5)
In addition to the penalty authorized by this subsection (b), the court shall assess a fine of fifty dollars ($50.00) to be collected as provided in §
55-10-412(b)
and distributed as provided in §
55-10-412(c)
.
Amended by 2021 Tenn. Acts, ch. 505, s 1, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 279, s 3, eff. 5/2/2019.
Amended by 2013 Tenn. Acts, ch. 154, Secs.s 53, s 54 eff. 7/1/2013.
Acts 1989, ch. 591, § 1; 2011 , ch. 409, § 1; 2012, ch. 1048, § 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 1 - ASSAULTIVE OFFENSES (§§ 39-13-NEW — 39-13-117) › Section 39-13-104 - Effective consent

When conduct is charged to constitute an offense under this part because it causes or threatens bodily injury, effective consent to such conduct or to the infliction of such injury is a defense, if:
(1)
The bodily injury consented to or threatened by the conduct consented to is not serious bodily injury; or
(2)
The conduct and the harm are reasonably foreseeable hazards:
(A)
Of joint participation in a lawful athletic contest or competitive sport; or
(B)
For any concerted activity of a kind not forbidden by law.
Acts 1992, ch. 673, § 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 1 - ASSAULTIVE OFFENSES (§§ 39-13-NEW — 39-13-117) › Section 39-13-105 - Other offenses - Physical injury to victim

In addition to the enumerated offenses, crimes against the person shall be any violent offense that results or could have resulted in physical injury to the victim, including, but not limited to, rape, sexual battery, kidnapping, aggravated burglary, and especially aggravated burglary.
Amended by 2021 Tenn. Acts, ch. 545, s 1, eff. 7/1/2021.
Acts 1993, ch. 524, § 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 1 - ASSAULTIVE OFFENSES (§§ 39-13-NEW — 39-13-117) › Section 39-13-107 - Fetus as victim

(a)
For the purposes of this part, "another," "individuals," 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.
Amended by 2014 Tenn. Acts, ch. 820, Secs.s 1, s 2 eff. 4/29/2014.
Acts 1989, ch. 591, § 1; 2011 , ch. 408, § 1; 2012 , ch. 1006, §§ 3, 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 1 - ASSAULTIVE OFFENSES (§§ 39-13-NEW — 39-13-117) › Section 39-13-108 - Rules and regulations regarding transmission of HIV - Quarantine - Violations

(a)
The department of health, acting pursuant to §
68-10-109
, shall promulgate rules regarding transmission of human immunodeficiency virus (HIV). The rules shall include specific procedures for quarantine or isolation, as may be necessary, of any person who clearly and convincingly demonstrates willful and knowing disregard for the health and safety of others, and who poses a direct threat of significant risk to the health and safety of the public regarding transmission of HIV.
(b)
The department is authorized to quarantine or isolate a person within a secure facility, after exercising other appropriate measures, if the person continues to pose a direct threat of significant risk to the health and safety of the public. Any person so quarantined or isolated within a secure facility, who intentionally escapes from the facility, commits a Class E felony.
Acts 1993, ch. 322, § 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 1 - ASSAULTIVE OFFENSES (§§ 39-13-NEW — 39-13-117) › Section 39-13-112 - HIV testing for assault victims - Reporting - Payment for testing

(a)
(1)
If a person is initially arrested for a violation of §
39-13-102
, and if the victim of the assault suffered actual contact with the blood or other body fluid of the arrestee, then the arrestee shall undergo human immunodeficiency virus (HIV) testing immediately, upon the request of the victim. A licensed medical laboratory shall perform the test at the expense of the arrestee. The arrestee shall obtain a confirmatory test when necessary. The arrestee shall be referred to appropriate counseling.
(2)
For purposes of this section, "victim of the assault" is limited to a law enforcement officer; firefighter; correctional officer; youth services officer; probation and parole officer; an employee of the department of correction or the department of children's services; provided, that the officer or employee was performing an official duty; or an emergency medical or rescue worker, emergency medical technician, or paramedic, whether compensated or acting as a volunteer; provided, that such technician or worker was performing an official duty.
(b)
(1)
The licensed medical laboratory shall report the results of the HIV test required under this section immediately to the victim of the assault.
(2)
The result of the HIV test required under this section is not a public record and shall be available only to:
(A)
The victim of the assault;
(B)
The parent or guardian of a minor or incapacitated victim;
(C)
The attending physician of the person tested and of the victim;
(D)
The department of health;
(E)
The department of correction;
(F)
The person tested; and
(G)
The district attorney general prosecuting the case.
(c)
If the arrestee's test indicates that the arrestee is infected with HIV, then the arrestee shall be responsible for the victim's medical bills, laboratory bills and other expenses related to the victim's exposure to HIV, upon a finding that the exposure was from the arrestee.
Acts 2000, ch. 932, § 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 1 - ASSAULTIVE OFFENSES (§§ 39-13-NEW — 39-13-117) › Section 39-13-114 - Communicating a threat concerning a school employee

(a)
For purposes of this section:
(1)
"School" means:
(A)
An elementary school, middle school, or high school;
(B)
A college of applied technology or postsecondary vocational or technical school; or
(C)
A two-year or four-year college or university; and
(2)
"School property" means any school building or bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by any local education agency, private school board of trustees, or directors for the administration of any school.
(b)
A person commits the offense of communicating a threat concerning a school employee or student if:
(1)
The person communicates to another a threat to cause the death of or serious bodily injury:
(A)
To a school employee and the threat is directly related to the employee's scope of employment; or
(B)
To a student on school property or at a school-related activity;
(2)
The threat involves the use of a firearm or other deadly weapon;
(3)
The person to whom the threat is made reasonably believes that the person making the threat intends to carry out the threat; and
(4)
The person making the threat intentionally engages in conduct that constitutes a substantial step in the commission of the threatened act and the threatened act and the substantial step when taken together:
(A)
Are corroborative of the person's intent to commit the threatened act; and
(B)
Occur close enough in time to evidence an intent and ability to commit the threatened act.
(c)
Communicating a death threat concerning a school employee or student is a Class B misdemeanor punishable by a maximum term of imprisonment of thirty (30) days.
Amended by 2024 Tenn. Acts, ch. 903,s 1, eff. 7/1/2024.
Amended by 2013 Tenn. Acts, ch. 473, s 10, eff. 7/1/2013.
Acts 2008 , ch. 1141, § 1.