reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514) › Part 2 - ABORTION (§§ 39-15-NEW — 39-15-219) › Section 39-15-210 - Child Rape Protection Act of 2006

(a)
This section shall be known and may be cited as the "Child Rape Protection Act of 2006."
(b)
(1)
When a physician has reasonable cause to report the sexual abuse of a minor pursuant to §
37-1-605
, because the physician has been requested to perform an abortion on a minor who is less than thirteen (13) years of age, the physician shall, at the time of the report, also notify the official to whom the report is made of the date and time of the scheduled abortion and that a sample of the embryonic or fetal tissue extracted during the abortion will be preserved and available to be turned over to the appropriate law enforcement officer conducting the investigation into the rape of the minor.
(2)
If a minor who is at least thirteen (13) but no more than seventeen (17) years of age requests a physician to perform an abortion and the physician has reasonable cause to believe there is child sexual abuse involved as defined by §
37-1-602
, the physician shall report the abuse pursuant to §
37-1-605
. This subdivision (b)(2) shall apply only when a physician performs elective abortion services as a part of their practice.
(c)
(1)
In the transmission of the embryonic or fetal tissue sample to the appropriate law enforcement officer, in order to protect the identity and privacy of the minor, all identifying information concerning the minor shall be treated as confidential and shall not be released to anyone other than the investigating and prosecuting authorities directly involved in the case of the particular minor.
(2)
Where the minor has obtained a judicial waiver of the parental notification requirements pursuant to title 37, chapter 10, part 3, confidentiality shall be maintained as provided in that part.
(d)
It is an offense for a physician licensed or certified under title 63, chapter 6 or 9, or other person to knowingly fail to comply with this section or any rule or regulation adopted pursuant to this section.
(1)
A first violation of this section is a civil penalty to be assessed by the provider's health related board of not less than five hundred dollars ($500);
(2)
A second violation of this section is a civil penalty to be assessed by the provider's health related board of not less than one thousand dollars ($1,000); and
(3)
A third or subsequent violation of this section is a Class A misdemeanor.
(e)
If the person performing the abortion is a physician licensed or certified under title 63, chapter 6 or 9, the violation constitutes unprofessional conduct. The conduct subjects the physician, in addition to the penalties set out in subsection (d), to disciplinary action.
Amended by 2019 Tenn. Acts, ch. 424,s 1, eff. 7/1/2019.
Acts 2006, ch. 845, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514) › Part 2 - ABORTION (§§ 39-15-NEW — 39-15-219) › Section 39-15-212 - Viability determination

(a)
Except in a medical emergency that prevents compliance with this subsection (a), no physician shall perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman after the beginning of the twentieth week of pregnancy, as measured by gestational age, unless, prior to the performance or inducement of the abortion, or the attempt to perform or induce the abortion, the physician determines, in the physician's good faith medical judgment, that the unborn child is not viable. In making the good faith medical determination, the physician shall perform a medical examination of the pregnant woman and assess gestational age, weight, bi-parietal diameter, and other factors that the physician in the physician's good faith medical judgement would consider in determining whether an unborn child is viable.
(b)
Except in a medical emergency that prevents compliance with this subsection (b), no physician shall perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman after the beginning of her twentieth week of pregnancy (as measured by gestational age), without first entering the determination made in subsection (a) and the associated findings of the medical examination and assessment described in subsection (a) in the medical record of the pregnant woman.
(c)
A violation of subsection (a) or (b) is a Class A misdemeanor.
(d)
The appropriate licensing authority shall suspend, for a period of not less than six (6) months, the medical license of a physician who violates subsection (a) or (b).
Added by 2017 Tenn. Acts, ch. 353,s 3, eff. 7/1/2017.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514) › Part 3 - BIGAMY AND INCEST (§§ 39-15-301 — 39-15-302) › Section 39-15-301 - Bigamy

(a)
A person commits bigamy who:
(1)
Is married and purports to marry or be married to a person other than the person's spouse in this state under circumstances that would, but for the person's existing marriage, constitute a marriage; or
(2)
Knows that a person other than the person's spouse is married and purports to marry or be married to the person in this state under circumstances that would, but for the person's existing marriage, constitute a marriage.
(b)
It is a defense to prosecution under subdivision (a)(1) that the person reasonably believed that the person's marriage had been dissolved by death, divorce or annulment.
(c)
For purposes of determining when prosecution for this offense must begin under §
40-2-101
:
(1)
A violation of this section is a continuing offense; and
(2)
Nothing in this section shall be construed as limiting the applicability of §
40-2-103
.
(d)
Bigamy is a Class A misdemeanor and, in addition to the authorized term of imprisonment, shall be punishable by a fine not to exceed five thousand dollars ($5,000).
Amended by 2013 Tenn. Acts, ch. 227,s 1, eff. 7/1/2013.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514) › Part 3 - BIGAMY AND INCEST (§§ 39-15-301 — 39-15-302) › Section 39-15-302 - Incest

(a)
A person commits incest who engages in sexual penetration as defined in §
39-13-501
, with a person, knowing the person to be, without regard to legitimacy:
(1)
The person's natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adoptive parent, adoptive child; or
(2)
The person's brother or sister of the whole or half-blood or by adoption.
(b)
(1)
Except as provided in subdivision (b)(2), incest is a Class C felony.
(2)
If the victim of the offense is a minor, incest is a Class B felony and, notwithstanding title 40, chapter 35, the defendant shall be punished as a Range II offender; however, the sentence imposed upon the defendant may, if appropriate, be within Range III but in no case shall it be lower than Range II.
Amended by 2023 Tenn. Acts, ch. 283,s 2, eff. 7/1/2023.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 25.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514) › Part 4 - CHILDREN (§§ 39-15-401 — 39-15-414) › Section 39-15-402 - Haley's Law - Aggravated child abuse and aggravated child neglect or endangerment - Definitions

(a)
A person commits the offense of aggravated child abuse, aggravated child neglect or aggravated child endangerment, who commits child abuse, as defined in §
39-15-401(a)
; child neglect, as defined in §
39-15-401(b)
; or child endangerment, as defined in §
39-15-401(c)
and:
(1)
The act of abuse, neglect or endangerment results in serious bodily injury to the child;
(2)
A deadly weapon, dangerous instrumentality, controlled substance or controlled substance analogue is used to accomplish the act of abuse, neglect or endangerment;
(3)
The act of abuse, neglect or endangerment was especially heinous, atrocious or cruel, or involved the infliction of torture to the victim; or
(4)
The act of abuse, neglect or endangerment results from the knowing exposure of a child to the initiation of a process intended to result in the manufacture of methamphetamine as described in §
39-17-435
.
(b)
A violation of this section is a Class B felony; provided, however, that, if the abused, neglected or endangered child is eight (8) years of age or less, or is vulnerable because the victim is mentally defective, mentally incapacitated or suffers from a physical disability, the penalty is a Class A felony.
(c)
"Serious bodily injury to the child" includes, but is not limited to, second- or third-degree burns, a fracture of any bone, a concussion, subdural or subarachnoid bleeding, retinal hemorrhage, cerebral edema, brain contusion, injuries to the skin that involve severe bruising or the likelihood of permanent or protracted disfigurement, including those sustained by whipping children with objects and acts of female genital mutilation as defined in §
39-13-110
.
(d)
A "dangerous instrumentality" is any item that, in the manner of its use or intended use as applied to a child, is capable of producing serious bodily injury to a child, as serious bodily injury to a child is defined in this section.
(e)
This section shall be known and may be cited as "Haley's Law".
(f)
The court may, in addition to any other punishment otherwise authorized by law, order a person convicted of aggravated child abuse to refrain from having any contact with the victim of the offense, including, but not limited to, attempted contact through internet services or social networking websites; provided, that the person has no parental rights to such victim at the time of the court's order.
Amended by 2019 Tenn. Acts, ch. 268,s 3, eff. 7/1/2019.
Amended by 2016 Tenn. Acts, ch. 951,s 1, eff. 7/1/2016.
Acts 1989, ch. 591, § 1; 1994, ch. 978, §§ 2, 8; 1996, ch. 1069, § 1; 1998, ch. 1040, § 1; 2005, ch. 487, § 2; 2009, ch. 88, § 1; 2009, ch. 89, § 1; 2009, ch. 418, § 2; 2011, ch. 292, §§ 5-7; 2011, ch. 313, § 2; 2012, ch. 848, § 14.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514) › Part 4 - CHILDREN (§§ 39-15-401 — 39-15-414) › Section 39-15-403 - Tattooing of minors

(a)
As used in this section, "tattoo" means to intentionally mark or color by pricking or inserting pigment or coloring matter into the skin so as to leave an indelible mark or figure.
(b)
Except as provided by §
62-38-211
, a person who, for commercial purposes, tattoos the skin of any person under eighteen (18) years of age commits a Class A misdemeanor.
(c)
A person who knowingly falsifies documents for the purpose of obtaining tattooing services for a minor commits a Class A misdemeanor.
Acts 1989, ch. 591, § 1; 2008, ch. 803, § 4; 2012, ch. 981, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514) › Part 4 - CHILDREN (§§ 39-15-401 — 39-15-414) › Section 39-15-407 - Definitions for sections 39 - 15 - 407 - 39 - 15 - 413

As used in §§
39-15-407
- 39-15-413:
(1)
"Disseminate" means to sell, offer to sell, give or otherwise transfer;
(2)
"Hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than three tenths of one percent (0.3 %) on a dry weight basis;
(3)
"Minor" means any person under eighteen (18) years of age or, in the case of alcoholic beverages or smoking material, any person under twenty-one (21) years of age;
(4)
"Purchase" means to buy, attempt to buy, or offer to buy;
(5)
"Smoking material" means tobacco or hemp that is offered for sale to the public with the intention that it is consumed by smoking, as well as any noncombustible product containing nicotine or any other substance intended for use in a vapor product as defined in §
39-17-1503
; and
(6)
"Smoking paraphernalia" means a cigarette holder, cigarette papers, smoking pipe, water pipe, vapor product as defined in §
39-17-1503
, or other item that is designated primarily to hold smoking material while the smoking material is being smoked.
Amended by 2020 Tenn. Acts, ch. 732, Secs.s4, s5 eff. 1/1/2021.
Amended by 2020 Tenn. Acts, ch. 732, s 3, eff. 1/1/2021.
Amended by 2019 Tenn. Acts, ch. 303, s 1, eff. 7/1/2019.
Acts 1989, ch. 591, § 1; 1994, ch. 872, § 11.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514) › Part 4 - CHILDREN (§§ 39-15-401 — 39-15-414) › Section 39-15-408 - Dissemination of smoking paraphernalia to minors

(a)
It is an offense for a person to disseminate smoking paraphernalia to a minor.
(b)
It is an offense to persuade, entice, send, or assist a minor to purchase, acquire, receive or attempt to purchase, acquire or receive smoking paraphernalia.
(c)
A violation of this section is a Class C misdemeanor.
Acts 1989, ch. 591, § 1; 1993, ch. 280, §§ 1, 2; 1994, ch. 872, § 11.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514) › Part 4 - CHILDREN (§§ 39-15-401 — 39-15-414) › Section 39-15-409 - Acquisition of smoking paraphernalia by minor prohibited

A minor shall not, directly or indirectly, purchase or acquire smoking paraphernalia. Any minor purchasing or acquiring smoking paraphernalia is subject to juvenile proceedings; provided, that a violation of this section by a minor who is eighteen (18) years of age or older is a Class C misdemeanor and such minor is subject to the jurisdiction of the appropriate general sessions court.
Amended by 2020 Tenn. Acts, ch. 732, s 23, eff. 1/1/2021.
Acts 1989, ch. 591, § 1; 1990, ch. 980, § 7; 1994, ch. 872, § 11.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514) › Part 4 - CHILDREN (§§ 39-15-401 — 39-15-414) › Section 39-15-410 - Identification containing proof of age

(a)
A person contemplating the dissemination of smoking paraphernalia to an individual whom the person believes or has reason to believe may be a minor shall demand identification containing proof of age from the individual. Failure to do so is a Class C misdemeanor.
(b)
A minor who presents identification pursuant to subsection (a) other than the minor's own, or that does not contain the individual's correct age or date of birth, is subject to juvenile court proceedings; provided, that a violation of this subsection (b) by a minor who is eighteen (18) years of age or older is a Class C misdemeanor and such minor is subject to the jurisdiction of the appropriate general sessions court.
Amended by 2020 Tenn. Acts, ch. 732, s 24, eff. 1/1/2021.
Acts 1989, ch. 591, § 1; 1994, ch. 872, § 11.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514) › Part 4 - CHILDREN (§§ 39-15-401 — 39-15-414) › Section 39-15-411 - Warning sign or decal

(a)
A person who disseminates smoking paraphernalia shall prominently display in the place where the items are disseminated, either the sign required pursuant to §
39-17-1506(a)
or the sign required by this section prior to April 22, 1994.
(b)
A violation of this section is a Class C misdemeanor.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 26; 1994, ch. 872, § 11.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514) › Part 4 - CHILDREN (§§ 39-15-401 — 39-15-414) › Section 39-15-412 - Multiple violations

(a)
Any vendor of smoking paraphernalia convicted of violating §§
39-15-408
- 39-15-411 on three (3) separate occasions is prohibited from selling smoking paraphernalia, or from possession of smoking paraphernalia for resale, for a period of five (5) years from the date of the last conviction.
(b)
A violation of this prohibition is a Class B misdemeanor.
Acts 1989, ch. 591, § 1; 1994, ch. 872, § 11.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514) › Part 4 - CHILDREN (§§ 39-15-401 — 39-15-414) › Section 39-15-414 - Offense of harboring or hiding a runaway child

(a)
A person commits an offense who, with knowledge that a child is a runaway, as defined in §
37-1-102(b)(32)(D)
, harbors or hides the child and:
(1)
Fails to notify the child's legal custodian, legal guardian, or law enforcement authorities of the whereabouts of the child within a reasonable amount of time; provided, that no length of time in excess of twenty-four (24) hours shall be considered reasonable;
(2)
Conceals the whereabouts of the child; or
(3)
Aides the child in escaping from the custody of the child's legal custodian, legal guardian or law enforcement authorities.
(b)
A violation of this section is a Class A misdemeanor.
Acts 2010, ch. 1099, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514) › Part 5 - FINANCIAL EXPLOITATION OF AN ELDERLY OR VULNERABLE ADULT (§§ 39-15-501 — 39-15-514) › Section 39-15-503 - Permissive inferences

For purposes of determining whether an offense was committed under §
39-15-502
:
(1)
Any transfer of property valued in excess of one thousand dollars ($1,000) in a twelve-month period, whether in a single transaction or multiple transactions, by an elderly or vulnerable adult to a nonrelative whom the transferor has known for fewer than two (2) years before the first transfer and for which the transferor did not receive reciprocal value in goods or services creates a permissive inference that the transfer was effectuated without the effective consent of the owner.
(2)
Subdivision (1) applies regardless of whether the transfer or transfers are denoted by the parties as a gift or loan except that it shall not apply to a valid loan evidenced in writing and which includes definite repayment dates. In the event repayment of any such loan is in default, in whole or in part, for more than sixty (60) days, the inference described in subdivision (1) applies. Subdivision (1) does not apply to persons or entities that operate a legitimate financial institution.
(3)
This section does not apply to valid charitable donations to nonprofit organizations qualifying for tax exempt status under the internal revenue code.
(4)
A court shall instruct jurors that they may, but are not required to, infer that the transfer of money or property was effectuated without the effective consent of the owner, with the intent to deprive the owner of the money or property, upon proof beyond a reasonable doubt of the facts listed in subdivision (1). The court shall also instruct jurors that they may find a defendant guilty only if persuaded that each element of the offense has been proved beyond a reasonable doubt.
Added by 2017 Tenn. Acts, ch. 466,s 2, eff. 7/1/2017.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514) › Part 5 - FINANCIAL EXPLOITATION OF AN ELDERLY OR VULNERABLE ADULT (§§ 39-15-501 — 39-15-514) › Section 39-15-504 - Preservation of testimony of victim

In a case where an alleged offense under this part has been committed against an elderly or vulnerable adult, the state may make a motion that the testimony of the victim be preserved. Upon the filing of the motion, the court shall set a hearing on that motion within fifteen (15) days. At the hearing, the court shall set a date for the deposition of the victim to be taken. The date for the deposition of the victim must be within sixty (60) days of the filing of the original motion. Rule 15 of the Tennessee Rules of Criminal Procedure governs the manner by which the court is to proceed. It is presumed that a victim under this part needs to have testimony preserved. Rule 15 of the Tennessee Rules of Criminal Procedure governs all other motions to preserve testimony of a witness, made by either party.
Amended by 2021 Tenn. Acts, ch. 500, s 11, eff. 10/1/2021.
Added by 2017 Tenn. Acts, ch. 466, s 2, eff. 7/1/2017.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514) › Part 5 - FINANCIAL EXPLOITATION OF AN ELDERLY OR VULNERABLE ADULT (§§ 39-15-501 — 39-15-514) › Section 39-15-505 - Victim's inability to attend judicial proceedings - Affidavit - Out-of-court deposition

(a)
An elderly or vulnerable adult victim's inability to attend judicial proceedings due to illness, or other mental or physical disability, shall be considered exceptional circumstances upon the state's motion to preserve testimony pursuant to Rule 15 of the Tennessee Rules of Criminal Procedure. The state may request the motion in any court, juvenile, general sessions, criminal, or circuit, having jurisdiction over the accused and may initiate the motion at any stage of the proceedings after the accused's initial appearance.
(b)
The court shall consider an affidavit executed by the elderly or vulnerable adult's treating physician stating that the elderly or vulnerable adult is unable to attend court due to illness or other mental or physical disability as prima facie evidence of the need to preserve witness testimony by the taking of the adult's out-of-court deposition.
(c)
The court shall order the defendant's attendance to the out-of-court deposition. The defendant may waive the defendant's attendance in writing.
Amended by 2021 Tenn. Acts, ch. 500, s 12, eff. 10/1/2021.
Added by 2017 Tenn. Acts, ch. 466, s 2, eff. 7/1/2017.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514) › Part 5 - FINANCIAL EXPLOITATION OF AN ELDERLY OR VULNERABLE ADULT (§§ 39-15-501 — 39-15-514) › Section 39-15-507 - Offense of neglect of elderly adult - Offense of neglect of vulnerable adult

(a)
It is an offense for a caregiver to knowingly neglect an elderly or vulnerable adult, so as to adversely affect the person's health or welfare.
(b)
The offense of neglect of an elderly adult is a Class E felony.
(c)
The offense of neglect of a vulnerable adult is a Class D felony.
(d)
If the neglect is a result of abandonment or confinement and no injury occurred, then the neglect by abandonment or confinement of an elderly or vulnerable adult is a Class A misdemeanor.
Amended by 2019 Tenn. Acts, ch. 474,s 7, eff. 1/1/2020.
Added by 2018 Tenn. Acts, ch. 1050,s 5, eff. 1/1/2019.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514) › Part 5 - FINANCIAL EXPLOITATION OF AN ELDERLY OR VULNERABLE ADULT (§§ 39-15-501 — 39-15-514) › Section 39-15-508 - Offense of aggravated neglect of elderly or vulnerable adult

(a)
A caregiver commits the offense of aggravated neglect of an elderly or vulnerable adult who commits neglect pursuant to §
39-15-507
, and the act:
(1)
Results in serious physical harm; or
(2)
Results in serious bodily injury.
(b)
In order to convict a person for a violation of subdivision (a)(1), it is not necessary for the state to prove the elderly or vulnerable adult sustained serious bodily injury as required by §
39-13-102
, but only that the neglect resulted in serious physical harm.
(c)
A violation of subdivision (a)(1) is a Class C felony.
(d)
A violation of subdivision (a)(2) is a Class B felony.
Added by 2018 Tenn. Acts, ch. 1050,s 5, eff. 1/1/2019.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514) › Part 5 - FINANCIAL EXPLOITATION OF AN ELDERLY OR VULNERABLE ADULT (§§ 39-15-501 — 39-15-514) › Section 39-15-510 - Offense of abuse of elderly or vulnerable adult

(a)
It is an offense for a person to knowingly abuse an elderly or vulnerable adult.
(b)
The offense of abuse of an elderly adult is a Class E felony.
(c)
The offense of abuse of a vulnerable adult is a Class D felony.
Added by 2019 Tenn. Acts, ch. 474,s 12, eff. 1/1/2020.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514) › Part 5 - FINANCIAL EXPLOITATION OF AN ELDERLY OR VULNERABLE ADULT (§§ 39-15-501 — 39-15-514) › Section 39-15-511 - Offense of aggravated abuse of elderly or vulnerable adult

(a)
A person commits the offense of aggravated abuse of an elderly or vulnerable adult who knowingly commits abuse pursuant to §
39-15-510
, and:
(1)
The act results in serious psychological injury or serious physical harm;
(2)
A deadly weapon is used to accomplish the act or the abuse involves strangulation as defined in §
39-13-102
; or
(3)
The abuse results in serious bodily injury.
(b)
A violation of subdivision (a)(1) is a Class C felony.
(c)
A violation of subdivision (a)(2) or (a)(3) is a Class B felony.
Added by 2019 Tenn. Acts, ch. 474, s 12, eff. 1/1/2020.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514) › Part 5 - FINANCIAL EXPLOITATION OF AN ELDERLY OR VULNERABLE ADULT (§§ 39-15-501 — 39-15-514) › Section 39-15-512 - Offense of sexual exploitation of elderly adult or vulnerable adult

(a)
It is an offense for any person to knowingly sexually exploit an elderly adult or vulnerable adult.
(b)
A violation of this section is a Class A misdemeanor.
Added by 2019 Tenn. Acts, ch. 474,s 12, eff. 1/1/2020.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514) › Part 5 - FINANCIAL EXPLOITATION OF AN ELDERLY OR VULNERABLE ADULT (§§ 39-15-501 — 39-15-514) › Section 39-15-513 - Obtaining information concerning medical condition or health of elderly adult - Sending unsolicited or specifically refused medical items - Filing claim or submitting bill with state medicaid plan

(a)
A person or an entity commits an offense if the person or entity knowingly:
(1)
Uses a telephone or other communication or electronic device to obtain information concerning the medical condition or health of an elderly adult;
(2)
Sends, or causes to be sent, medical supplies, medical equipment, or medicine to the elderly adult and the items sent are unsolicited or specifically refused; and
(3)
Files a claim or submits a bill with the state medicaid plan for reimbursement of the value of the equipment, supplies, or medicine sent to the elderly adult.
(b)
Any person who violates this section shall be punished as provided in §
71-5-2601(a)(4)
.
Added by 2019 Tenn. Acts, ch. 417,s 1, eff. 7/1/2019.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 15 - OFFENSES AGAINST THE FAMILY (§§ 39-15-101 — 39-15-514) › Part 5 - FINANCIAL EXPLOITATION OF AN ELDERLY OR VULNERABLE ADULT (§§ 39-15-501 — 39-15-514) › Section 39-15-514 - Jurisdiction

The circuit, general sessions, and chancery courts have jurisdiction over proceedings arising under this part.
Added by 2021 Tenn. Acts, ch. 500,s 14, eff. 10/1/2021.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 16 - OFFENSES AGAINST ADMINISTRATION OF GOVERNMENT (§§ 39-16-101 — 39-16-707) › Part 1 - BRIBERY (§§ 39-16-101 — 39-16-108) › Section 39-16-101 - Definitions for bribery offenses

As used in this part, unless the context otherwise requires:
(1)
"Juror" means any person who is a member of any jury, including a grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury. "Juror" also includes any person who has been summoned or whose name has been drawn to attend as a prospective juror;
(2)
"Party officer" means a person who holds any position or office in a political party, whether by election, appointment or otherwise; and
(3)
"Pecuniary benefit" means benefit in the form of money, property, commercial interests or anything else, the primary significance of which is economic gain.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 16 - OFFENSES AGAINST ADMINISTRATION OF GOVERNMENT (§§ 39-16-101 — 39-16-707) › Part 1 - BRIBERY (§§ 39-16-101 — 39-16-108) › Section 39-16-102 - Bribery of public servant

(a)
A person commits an offense who:
(1)
Offers, confers, or agrees to confer any pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion or other action in the public servant's official capacity; or
(2)
While a public servant, solicits, accepts or agrees to accept any pecuniary benefit upon an agreement or understanding that the public servant's vote, opinion, judgment, exercise of discretion or other action as a public servant will thereby be influenced.
(b)
(1)
It is no defense to prosecution under this section that the person sought to be influenced was not qualified to act in the desired way because the person had not yet assumed office, lacked jurisdiction, or for any other reason.
(2)
It is no defense to prosecution under this section that the person who sought to influence a public official took action on behalf of a public or private organization or any other entity, for the purpose of organizing a campaign or for any other lawful purpose.
(c)
(1)
Bribery of a public servant under subdivision (a)(1) is a Class B felony.
(2)
A public servant accepting or agreeing to accept a bribe under subdivision (a)(2) is a Class B felony.
Amended by 2014 Tenn. Acts, ch. 982,s 1, eff. 7/1/2014.
Acts 1989, ch. 591, § 1; 2006 (1st Ex. Sess.), ch. 2, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 16 - OFFENSES AGAINST ADMINISTRATION OF GOVERNMENT (§§ 39-16-101 — 39-16-707) › Part 1 - BRIBERY (§§ 39-16-101 — 39-16-108) › Section 39-16-103 - Public servant guilty of bribery offense disqualified from holding office

(a)
Every person who is convicted under §
39-16-102
of accepting or receiving any gift, promise, benefit, or gratuity, as an executive, legislative, or judicial officer, shall forever afterwards be disqualified from holding any office under the laws or constitution of this state.
(b)
Any person who is convicted after February 15, 2006, of an offense in another state or under federal law that would constitute a violation of §
39-16-102
if committed in this state shall be, from the date of such conviction, forever disqualified from holding any office under the laws or constitution of this state.
(c)
If at the time of conviction for an offense specified in this section, the person still holds an office under the laws or constitution of this state, this section shall apply to such person at the end of the person's term of office, unless otherwise removed or expelled as provided by law prior to that time.
Acts 1989, ch. 591, § 1; 2006 (1st Ex. Sess.), ch. 1, § 48.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 16 - OFFENSES AGAINST ADMINISTRATION OF GOVERNMENT (§§ 39-16-101 — 39-16-707) › Part 1 - BRIBERY (§§ 39-16-101 — 39-16-108) › Section 39-16-104 - Soliciting unlawful compensation

(a)
A public servant commits an offense who requests a pecuniary benefit for the performance of an official action knowing that the public servant was required to perform that action without compensation or at a level of compensation lower than that requested.
(b)
Solicitation of unlawful compensation is a Class E felony.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 16 - OFFENSES AGAINST ADMINISTRATION OF GOVERNMENT (§§ 39-16-101 — 39-16-707) › Part 1 - BRIBERY (§§ 39-16-101 — 39-16-108) › Section 39-16-105 - Buying and selling in regard to offices

(a)
The offense of buying and selling in regard to offices is committed when:
(1)
Any person holding any office, or being elected to any office:
(A)
Enters into any bargain and sale for any valuable consideration whatever in regard to the office;
(B)
Sells, resigns or vacates the office for any pecuniary consideration whatever; or
(C)
Refuses to qualify and enter upon the discharge of the duties of the office, by reason of any pecuniary consideration; or
(2)
Any person:
(A)
Offers to buy any office by inducing the incumbent officer to resign, to vacate, or not to qualify; or
(B)
Directly or indirectly engages in corruptly procuring the resignation of any officer for any pecuniary or other valuable consideration.
(b)
Buying and selling in regard to offices is a Class C felony.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 16 - OFFENSES AGAINST ADMINISTRATION OF GOVERNMENT (§§ 39-16-101 — 39-16-707) › Part 1 - BRIBERY (§§ 39-16-101 — 39-16-108) › Section 39-16-106 - Exceptions and defenses

(a)
It is an exception to the application of §§
39-16-102
,
39-16-104
and
39-16-105
, that the benefit involved is a fee prescribed by law to be received by a public servant or any other benefit to which the public servant is lawfully entitled.
(b)
It is a defense to prosecution under §§
39-16-102
,
39-16-104
and
39-16-105
, that the benefit involved was:
(1)
A trivial benefit incidental to personal, professional, or business contacts, which involves no substantial risk of undermining official impartiality; or
(2)
A lawful contribution made for the political campaign of an elective public servant when the public servant is a candidate for nomination or election to public office.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 16 - OFFENSES AGAINST ADMINISTRATION OF GOVERNMENT (§§ 39-16-101 — 39-16-707) › Part 1 - BRIBERY (§§ 39-16-101 — 39-16-108) › Section 39-16-107 - Bribing a witness

(a)
A person commits an offense who:
(1)
Offers, confers or agrees to confer anything of value upon a witness or a person the defendant believes will be called as a witness in any official proceeding with intent to:
(A)
Corruptly influence the testimony of the witness;
(B)
Induce the witness to avoid or attempt to avoid legal process summoning the witness to testify; or
(C)
Induce the witness to be absent from an official proceeding to which that witness has been legally summoned; or
(2)
Is a witness or believes the person will be called as a witness in any official proceeding and solicits, accepts or agrees to accept anything of value upon an agreement or understanding that:
(A)
The witness's testimony will be corruptly influenced;
(B)
The witness will attempt to avoid legal process summoning the witness to testify; or
(C)
The witness will attempt to be absent from an official proceeding to which the witness has been legally summoned.
(b)
This section does not apply to the payment of additional compensation to an expert witness over and above the amount otherwise prescribed by law to be paid a witness.
(c)
Nothing in this section shall be deemed to nullify or repeal any contempt power of any judge of any court of this state.
(d)
Bribing a witness is a Class C felony.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 16 - OFFENSES AGAINST ADMINISTRATION OF GOVERNMENT (§§ 39-16-101 — 39-16-707) › Part 1 - BRIBERY (§§ 39-16-101 — 39-16-108) › Section 39-16-108 - Bribing a juror

(a)
A person commits an offense who:
(1)
Offers, confers or agrees to confer any pecuniary benefit upon a juror with the intent that the juror's vote, opinion, decision or other action as a juror will be corruptly influenced; or
(2)
Solicits, accepts or agrees to accept any pecuniary benefit upon any agreement or understanding that the juror's vote, opinion, decision or other action as a juror will be corruptly influenced.
(b)
Nothing in this section shall be deemed to nullify or repeal any contempt power of any judge of any court of this state.
(c)
Bribing a juror is a Class C felony.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 16 - OFFENSES AGAINST ADMINISTRATION OF GOVERNMENT (§§ 39-16-101 — 39-16-707) › Part 2 - CONTRABAND IN PENAL INSTITUTIONS (§§ 39-16-201 — 39-16-202) › Section 39-16-201 - Introduction or possession of weapons, ammunition, explosives, intoxicants, legend drugs, controlled substances, controlled substance analogues, or telecommunication devices into penal institution

(a)
As used in this section, unless the context otherwise requires, "telecommunication device" means any type of instrument, device, machine, or equipment that is capable of transmitting telephonic, electronic, digital, cellular or radio communications, or any part of such instrument, device, machine or equipment that is capable of facilitating the transmission of telephonic, electronic, digital, cellular or radio communications. "Telecommunication device" shall include, but not be limited to, cellular phones, digital phones and modem equipment devices.
(b)
It is unlawful for any person to:
(1)
Knowingly and with unlawful intent take, send, or otherwise cause to be taken into any penal institution where prisoners are quartered or under custodial supervision:
(A)
Any weapon, ammunition, or explosive;
(B)
Any intoxicant, legend drug, controlled substance, or controlled substance analogue found in chapter 17, part 4 of this title; or
(C)
Any telecommunication device; or
(2)
Knowingly and with unlawful intent possess any of the following materials while present in any penal institution where prisoners are quartered or under custodial supervision without the express written consent of the chief administrator of the institution:
(A)
Any weapon, ammunition, or explosive;
(B)
Any intoxicant, legend drug, controlled substance, or controlled substance analogue found in chapter 17, part 4 of this title; or
(C)
Any telecommunication device.
(c)
(1)
A violation of subdivision (b)(1)(A) or (b)(2)(A) is a Class C felony.
(2)
A violation of subdivision (b)(1)(B), (b)(1)(C), or (b)(2)(B) is a Class D felony.
(3)
A violation of subdivision (b)(2)(C) is a Class E felony. A first violation is punishable only by fine. A second or subsequent violation is punishable only by a fine of three thousand dollars ($3,000).
Amended by 2021 Tenn. Acts, ch. 236, s 2, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 236, s 1, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 486, s 7, eff. 7/1/2019.
Acts 1989, ch. 591, § 1; 1994, ch. 629, §§ 1, 2; 2006, ch. 1006, §§ 1 - 3; 2012 , ch. 848, § 15.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 16 - OFFENSES AGAINST ADMINISTRATION OF GOVERNMENT (§§ 39-16-101 — 39-16-707) › Part 2 - CONTRABAND IN PENAL INSTITUTIONS (§§ 39-16-201 — 39-16-202) › Section 39-16-202 - Warden or chief administrative officer's duty to report offenses - Violation

(a)
(1)
A warden or chief administrative officer employed by a penal institution, as defined in §
39-16-601
, or the warden or administrative officer's designee, who knows that an offense enumerated in subdivision (a)(2) has occurred within the penal institution shall report the offense to the district attorney general for the judicial district in which the penal institution is located and the district attorney general who prosecuted the offense for which the offender is incarcerated within five (5) business days of becoming aware of the offense being committed.
(2)
Subdivision (a)(1) applies to the following offenses:
(A)
Aggravated assault, as defined in §
39-13-102
;
(B)
First degree murder, as defined in §
39-13-202
;
(C)
Second degree murder, as defined in §
39-13-210
;
(D)
Voluntary manslaughter, as defined in §
39-13-211
;
(E)
Criminally negligent homicide, as defined in §
39-13-212
;
(F)
Aggravated rape, as defined in §
39-13-502
;
(G)
Rape, as defined in §
39-13-503
;
(H)
Aggravated sexual battery, as defined in §
39-13-504
;
(I)
Sexual battery, as defined in §
39-13-505
; and
(J)
Indecent exposure, as defined in §
39-13-511(c)
.
(b)
A violation of this section is a Class A misdemeanor.
Added by 2023 Tenn. Acts, ch. 347, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 16 - OFFENSES AGAINST ADMINISTRATION OF GOVERNMENT (§§ 39-16-101 — 39-16-707) › Part 3 - FALSE PERSONATION (§§ 39-16-301 — 39-16-304) › Section 39-16-302 - Impersonation of licensed professional

(a)
It is unlawful for any person who is not licensed to do so, to practice or pretend to be licensed to practice a profession for which a license certifying the qualifications of the licensee to practice the profession is required.
(b)
A violation of this section is a Class E felony.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 16 - OFFENSES AGAINST ADMINISTRATION OF GOVERNMENT (§§ 39-16-101 — 39-16-707) › Part 3 - FALSE PERSONATION (§§ 39-16-301 — 39-16-304) › Section 39-16-303 - Using a false identification

(a)
A person commits the offense of using a false identification who, for the purpose of obtaining goods, services or privileges to which the person is not otherwise entitled or eligible, uses a false identification.
(b)
A violation of this section is a Class C misdemeanor; however, if a violation of §
57-5-301(d)(3)
or §
57-3-412(c)
also constitutes a violation of this section, the offender shall be punished in accordance with those sections.
Acts 1990, ch. 983, § 2; 2006, ch. 986, § 5.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 16 - OFFENSES AGAINST ADMINISTRATION OF GOVERNMENT (§§ 39-16-101 — 39-16-707) › Part 3 - FALSE PERSONATION (§§ 39-16-301 — 39-16-304) › Section 39-16-304 - Misrepresentation of service animal or support animal

(a)
As used in this section, "service animal" and "support animal" have the same meanings as the terms are defined in §
66-7-111(a)
.
(b)
A person commits the offense of misrepresentation of a service animal or support animal who knowingly:
(1)
Fraudulently represents, as a part of a request to maintain a service animal or support animal in residential rental property under §
66-7-111
or §
66-28-406
, that the person has a disability or disability-related need for the use of a service animal or support animal;
(2)
Provides documentation to a landlord under §
66-7-111(c)
or §
66-28-406(c)
that falsely states an animal is a service animal or support animal; or
(3)
Fraudulently represents or provides documentation that falsely states that an animal is a service animal or service animal in training to an employee of a public accommodation.
(c)
Misrepresentation of a service animal or support animal is a Class B misdemeanor. In addition to the penalty provided under this subsection (c), a person who commits the offense of misrepresentation of a service animal shall perform one hundred (100) hours of community service for an organization that serves individuals with disabilities, or for another entity or organization, at the discretion of the court, to be completed within six (6) months of an order issued by the court.
Amended by 2023 Tenn. Acts, ch. 194, s 3, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 194, s 2, eff. 7/1/2023.
Added by 2019 Tenn. Acts, ch. 236, s 1, eff. 7/1/2019.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 16 - OFFENSES AGAINST ADMINISTRATION OF GOVERNMENT (§§ 39-16-101 — 39-16-707) › Part 4 - MISCONDUCT INVOLVING PUBLIC OFFICIALS AND EMPLOYEES (§§ 39-16-401 — 39-16-410) › Section 39-16-401 - Definitions for public misconduct offenses

As used in this part, unless the context otherwise requires:
(1)
"Act" means a bodily movement, whether voluntary or involuntary, and includes speech;
(2)
"Law" means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, or a rule authorized by and lawfully adopted under a statute; and
(3)
"Public servant" means a person elected, selected, appointed, employed, or otherwise designated as one (1) of the following even if the public servant has not yet qualified for office or assumed the duties:
(A)
An officer, employee, or agent of government;
(B)
A juror or grand juror;
(C)
An arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy;
(D)
An attorney at law or notary public when participating in performing a governmental function;
(E)
A candidate for nomination or election to public office; or
(F)
A person who is performing a governmental function under claim of right although not legally qualified to do so.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 16 - OFFENSES AGAINST ADMINISTRATION OF GOVERNMENT (§§ 39-16-101 — 39-16-707) › Part 4 - MISCONDUCT INVOLVING PUBLIC OFFICIALS AND EMPLOYEES (§§ 39-16-401 — 39-16-410) › Section 39-16-403 - Official oppression

(a)
A public servant acting under color of office or employment commits an offense who:
(1)
Intentionally subjects another to mistreatment or to arrest, detention, stop, frisk, halt, search, seizure, dispossession, assessment or lien when the public servant knows the conduct is unlawful; or
(2)
Intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity, when the public servant knows the conduct is unlawful.
(b)
For purposes of this section, a public servant acts under color of office or employment if the public servant acts, or purports to act, in an official capacity or takes advantage of the actual or purported capacity.
(c)
An offense under this section is a Class E felony.
(d)
Charges for official oppression may be brought only by indictment, presentment or criminal information; provided, that nothing in this section shall deny a person from pursuing other criminal charges by affidavit of complaint.
Acts 1989, ch. 591, § 1; 1990, ch. 980, § 11.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 16 - OFFENSES AGAINST ADMINISTRATION OF GOVERNMENT (§§ 39-16-101 — 39-16-707) › Part 4 - MISCONDUCT INVOLVING PUBLIC OFFICIALS AND EMPLOYEES (§§ 39-16-401 — 39-16-410) › Section 39-16-404 - Misuse of official information

(a)
A public servant commits an offense who, by reason of information to which the public servant has access in the public servant's official capacity and that has not been made public, attains or aids another to attain a benefit.
(b)
An offense under 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 16 - OFFENSES AGAINST ADMINISTRATION OF GOVERNMENT (§§ 39-16-101 — 39-16-707) › Part 4 - MISCONDUCT INVOLVING PUBLIC OFFICIALS AND EMPLOYEES (§§ 39-16-401 — 39-16-410) › Section 39-16-405 - Purchasing property sold through court

(a)
A judge, sheriff, court clerk, court officer or employee of any court commits an offense who bids or purchases, directly or indirectly, for personal reasons or for any other person, on any kind of property sold through the court for which the judge, sheriff, court clerk, court officer, or employee discharges official duties.
(b)
A bid or purchase in violation of subsection (a) is voidable at the option of the person aggrieved.
(c)
An offense under this section is a Class C misdemeanor with no incarceration permitted.
Acts 1989, ch. 591, § 1.