2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 35 - TENNESSEE CRIMINAL SENTENCING REFORM ACT OF 1989 (§§ 40-35-NEW — 40-35-506) › Part 1 - GENERAL PROVISIONS (§§ 40-35-NEW — 40-35-123) › Section 40-35-118 - [For list of classification for current offenses, see the compiler's note in section 40-35-110] Classification of repealed pre - 1989 offenses

(a)
For the purpose of determining the classification of felony offenses in title 39 committed prior to November 1, 1989, the following classifications shall be used:
Code Section
Offense
Class
39-3703
First degree criminal sexual conduct
A
39-1-604, 606
Conspiracy to take a human life
A
39-2-103
Assault with intent to commit first degree murder
A
39-2-202
First degree murder
A
39-2-212
Second degree murder
A
39-2-301(c)
Aggravated kidnapping
A
39-2-305
Prisoners holding hostages
A
39-2-304
Unlawful representation to obtain ransom
A
39-2-603
Aggravated rape
A
39-2-640
Abduction of female from parents or guardian for purposes of prostitution
A
39-3-201
Aggravated arson
A
39-3-701
Willful injury by explosives
A
39-5-803
Treason
A
39-6-109
Adulteration of foods, liquors or pharmaceuticals (death occurs)
A
39-6-204
Obstruction or damage to railroad tracks resulting in death
A
39-6-619(a)
Killing an officer while arresting a person on a charge of unlawful gaming
A
39-6-915(a)
Furnishing intoxicating liquor which results in death (second degree murder)
A
39-3704
Second degree criminal sexual conduct
B
39-1-607
Conspiracy to sabotage a nuclear production facility
B
39-1-609
Conspiracy to commit illegal act capable of destroying human life by possession, use or transportation of explosives
B
39-1-610
Conspiracy by convicts to kill
B
39-2-301(e)
Assault with intent to commit or attempt to commit aggravated kidnapping
B
39-2-303
Kidnapping child under 16
B
39-2-501
Robbery by use of a deadly weapon
B
39-2-502
Bank robbery
B
39-2-604
Rape
B
39-2-606
Aggravated sexual battery
B
39-3-210
Causing injury to person by use of fire bomb
B
39-4-422
Aggravated child abuse
B
39-5-712
Rebellion by convict with intent to kill or escape
B
39-6-109
Adulteration of food product or drug (injury)
B
39-6-203
Obstruction or damage to railroad tracks resulting in injury
B
39-6-417(a)(1)(A)
Manufacture, delivery, sale or possession with intent to do same of Schedule I controlled substance
B
39-6-417(c)
Manufacture, delivery or sale of certain amount of controlled substances
B
39-6-417(d)
Habitual drug offender
B
39-6-418
Person over 18 distributing Schedule I controlled substance to person under 18 who is at least 3 years such person's junior
B
39-6-418
Person over 18 distributing Schedule II controlled substance to person under 18 who is at least 3 years such person's junior
B
39-6-419
Second or subsequent conviction for violation of § 39-6417, Schedule I
B
39-6-419
Second or subsequent conviction for violation of § 39-6417, Schedule II
B
39-6-619(b)
Wounding officer while arresting person on charge of unlawful gaming
B
39-6-1137
Using minors for obscene purposes
B
39-1-503
Attempt to commit sabotage
C
39-1-606
Conspiracy to inflict punishment, take human life or burn or destroy property
C
39-1-610
Conspiracy by convicts to escape
C
39-2-101
Aggravated assault
C
39-2-107
Assault from ambush with a deadly weapon
C
39-2-109
Assault with deadly weapon while in disguise
C
39-2-110
Assault by a juvenile 16 or older confined in an institution
C
39-2-111
Mayhem
C
39-2-112
Malicious shooting or stabbing
C
39-2-115
Shooting or throwing missile calculated to cause death or bodily injury at or into a dwelling or vehicle
C
39-2-116
Throwing object at common carrier vehicle with intent to do bodily harm where bodily harm occurs
C
39-2-117
Injury to person during state of emergency
C
39-2-118
Negligence by steamboat operator causing death
C
39-2-222
Voluntary manslaughter
C
39-2-231(a)
Vehicular homicide as a result of conduct creating sub-stantial risk of death or serious bodily injury
C
39-2-231(b)
Vehicular homicide as a result of driver's intoxication
C
39-2-234
Negligence by train operator resulting in death
C
39-2-302
Kidnapping
C
39-2-501
Robbery
C
39-2-608(a)
Assault with intent to commit rape
C
39-2-612
Crimes against nature
C
39-2-613
Forcible marriage or abduction of female
C
39-3-202
Setting fire or procuring same on building or structure
C
39-3-205
Burning of insured property
C
39-3-401
Burglary of dwelling by night
C
39-3-403
Burglary of dwelling by day
C
39-3-702
Manufacture/possession of explosives for burglarious purposes or burglary with explosives
C
39-3-703
Malicious injury to structures with explosives
C
39-4-306
Incest
C
39-5-101
Bribery or offering to bribe officer
C
39-5-102
Officer accepting bribe
C
39-5-103
Bribing or offering to bribe peace officer or state, county or municipal employee
C
39-5-105
Bribery of court official or juror
C
39-5-106
Court official or juror accepting bribe
C
39-5-108
Offering bribe to officer selecting or summoning jury
C
39-5-109
Officer accepting bribe or permitting deputy to violate § 39-5-108 or §
39-5-420
C
39-5-112(a)
Bargaining sales in regard to public office
C
39-5-112(b)
Sale of public office
C
39-5-112(c)
Offer to buy public office
C
39-5-112(d)
Refusal to qualify and discharge duties of public office by reason of pecuniary consideration
C
39-5-112(e)
Procuring resignation of officer
C
39-5-115
Bribery of witness in felony prosecution
C
39-5-201
Introduction of prohibited items upon or onto grounds of penal institution
C
39-5-202
Introduction of weapons or drugs in the local jail or workhouse
C
39-5-408
Use of public money by state treasurer or other public officer
C
39-5-409
Embezzlement of public money or property
C
39-5-508
Corruptly stealing, withdrawing or avoiding records and judicial proceedings
C
39-5-522
Juror agreeing to give verdict or receiving improper evidence
C
39-5-804
Misprision of treason
C
39-5-805
Sedition
C
39-5-813
Destruction, injury or interference with property so as to hinder preparation for defense or war
C
39-5-814
Causing defects in war preparation
C
39-6-417(a)(1)(B)
Manufacture, delivery, sale or possession of Schedule II controlled substances
C
39-6-418
Person over 18 distributing Schedule III controlled substances to person under 18 who is 3 years such person's junior
C
39-6-418
Person over 18 distributing Schedule IV controlled substances to person under 18 who is 3 years such person's junior
C
39-6-419
Second or subsequent conviction for violation of § 39-6417, Schedule III
C
39-6-419
Second or subsequent conviction for violation of § 39-6417, Schedule IV
C
39-6-915(a)
Furnishing intoxicating liquor which causes death (voluntary manslaughter)
C
39-6-915(b)
Furnishing intoxicating liquor which causes paralysis or impairment of sight
C
39-6-1138(b)
Promoting performances which include sexual conduct by child
C
39-6-1138(c)
Parents consenting to child's participation in performance which includes sexual conduct
C
39-3705
Third degree criminal sexual conduct
D
39-1-504
Attempt to destroy property by fire bomb
D
39-1-604(a)
Conspiracy to commit felony on person of another
D
39-1-604
Conspiracy to indict or prosecute innocent person for felony
D
39-1-605
Conspiracy to commit offense against state or violate election laws
D
39-1-606
Conspiracy to destroy property
D
39-1-608
Conspiracy to commit arson
D
39-1-609
Conspiracy to commit illegal act capable of destroying property by possession, use or transportation of explosives
D
39-1-613
Conspiracy to use fire bomb
D
39-2-104
Assault with intent to commit robbery
D
39-2-701
Threats for purpose of extortion or obtaining action
D
39-2-702
Use of intimidation or coercion to influence state official
D
39-2-707
Night riders using intimidation to prevent disposal of farm products
D
39-2-708
Night riders using intimidation to compel dismissal of laborers
D
39-2-709
Inciting or conspiring to commit offense under § 39-2707 or § 39-2-708
D
39-2-710
Burning of cross or religious symbol
D
39-3-125
Stealing livestock
D
39-3-129
Receiving stolen livestock
D
39-3-204
Setting fire to any material or thing with intent to burn building or other thing
D
39-3-402
Breaking after entry into dwelling
D
39-3-404
Burglary of business
D
39-3-505
Misuse of credit card over $200
D
39-3-506
Misrepresentation of amount of money, goods, and services furnished on credit card where difference exceeds $100
D
39-3-512
Obtaining goods, property or services by false or fraudulent use of credit card over $200
D
39-3-607
Interference with E.F.T.S. system
D
39-3-703(a)
Malicious injury to structures with explosives
D
39-3-901
Obtaining property by false pretense over $200
D
39-3-902
Receiving property obtained under false pretense over $200
D
39-3-906
Fraudulent breach of trust by disposition of collateral or proceeds under security agreement over $200
D
39-3-907
Fraudulent breach of trust over $200
D
39-3-927(a)
Disposal of consumer goods subject to UCC security interest over $200
D
39-3-927(b)
Disposal of property covered by mortgage or trust deed over $200
D
39-3-932
Destruction or concealment of public records over $200
D
39-3-946
False personation to obtain property over $200
D
39-3-1104
Grand larceny
D
39-3-1106
Larceny from the person
D
39-3-1107
Feloniously stealing or taking by robbery any public records or valuable papers
D
39-3-1109
Corruptly stealing, withdrawing or avoiding public papers
D
39-3-1111
Severing and carrying away fixtures, products or minerals from land over $200
D
39-3-1112
Receiving stolen goods valued over $200
D
39-3-1114
Receiving personal property stolen out of state over $200
D
39-3-1115
Bringing stolen property into state over $200
D
39-3-1116
Receiving stolen public records or valuable papers
D
39-3-1117
Wrongful appropriation of property found over $200
D
39-3-1118
Appropriation of property by person having custody over $200
D
39-3-1119
Contract of bailment or agency to make wrongful appropriation over $200
D
39-3-1120
Conversion of trust fund by executor, administrator, guardian or trustee over $200
D
39-3-1121
Embezzlement by private officer, clerk or employee over $200
D
39-3-1123
Receiving embezzled property over $200
D
39-3-1132
Transfer of recorded devices or manufacture or distribution without consent of owner (second offense)
D
39-3-1404(b)
Intentionally damaging or destroying computer system
D
39-3-1404(c)
Concealing proceeds of computer crime
D
39-4-206
Failure to preserve life of infant prematurely born alive during abortion
D
39-5-104
Peace officer or state, county or municipal employee accepting bribe
D
39-6-211
Destruction of steamboat of value over $500
D
39-6-417(a)(1)(C)
Manufacture, delivery or sale of Schedule III controlled substance
D
39-6-417(a)(1)(D)
Manufacture, delivery or sale of Schedule IV controlled substance
D
39-6-418
Person over 18 distributing Schedule V controlled substances to person under 18 who is 3 years such person's junior
D
39-6-418
Person over 18 distributing Schedule VI controlled substance to person under 18 who is 3 years such person's junior
D
39-6-418
Person over 18 distributing Schedule VII controlled substance to person under 18 who is 3 years such person's junior
D
39-6-419
Second or subsequent conviction for violation of § 39-6417, Schedule V
D
39-6-419
Second or subsequent conviction for violation of § 39-6417, Schedule VI
D
39-6-419
Second or subsequent conviction for violation of § 39-6417, Schedule VII
D
39-1-307
Accessories after the fact
E
39-1-504
Attempt to destroy property by fire bomb
E
39-1-506
Attempt to destroy property by placing explosives
E
39-1-611
Conspiracy by juvenile 16 or older confined in an institution to commit offenses outlined in §
39-1-110
(assault by juvenile 16 or older confined in institution), § 39-2344 (participation in riot by juvenile 16 or older confined in an institution)
E
39-1-614
Conspiracy to commit sabotage
E
39-1-615
Conspiracy to riot
E
39-2-102
Assault with intent to commit felony
E
39-2-118
Negligence by steamboat operator causing injury
E
39-2-223
Involuntary manslaughter
E
39-2-605
Statutory rape
E
39-2-607
Sexual battery
E
39-2-608(b)
Assault with intent to commit sexual battery
E
39-2-635
Procuring female for prostitution
E
39-2-639
Enticing female, previously reputed virtuous, to house of ill fame
E
39-3-102
Unlawful killing of horses, cattle, or sheep
E
39-3-105
Animal fighting other than cocks
E
39-3-203
Setting fire to property other than building or structure
E
39-3-206
Maliciously setting a fire on land of another
E
39-3-209
Causing fire of personal property by use of fire bomb
E
39-3-211
Possession of fire bomb or materials
E
39-3-212
Manufacture or disposal of fire bomb
E
39-3-301
Knowingly drawing check or order in excess of $100 without sufficient funds
E
39-3-306
Employer giving employee check in excess of $100 with fraudulent intent
E
39-3-406
Breaking into vehicles
E
39-3-408
Carrying burglary tools
E
39-3-503
False statement to procure credit card
E
39-3-504
Credit card theft or forgery
E
39-3-505
Misuse of credit card under $200
E
39-3-506
Misrepresentation of amount of money, goods or services furnished on credit card where difference does not exceed $100
E
39-3-507
Completion of incomplete credit card or duplication without consent of owner
E
39-3-508
Receipt of money, goods or services obtained in violation of credit card laws
E
39-3-512
Obtaining goods, property or services by false or fraudulent use of credit card under $200
E
39-3-603
Making false statements to obtain issuance of debit card
E
39-3-604
Debit card offenses under $200
E
39-3-605
Misuse of debit cards under $200
E
39-3-606
Completion of incomplete or duplication of debit card without consent of owner
E
39-3-608
Use of stolen cards or illegally possessed debit card
E
39-3-609
Misrepresentation of amount of money, goods or services furnished on debit card
E
39-3-610
Card holder using card after reporting it stolen or lost
E
39-3-703(b)
Malicious injury to personal property over $25.00 with explosives
E
39-3-706
Unauthorized possession or transportation of explosives
E
39-3-710
False or malicious reports of explosives in building or structure
E
39-3-711
Convicted felon carrying explosives
E
39-3-803
Forging or counterfeiting of instrument or currency
E
39-3-804
Transfer of forged paper
E
39-3-805
Making counterfeit instrument of fictitious corporation or person
E
39-3-806
Affixing fictitious signature to instrument of fictitious corporation or company
E
39-3-807
Passing counterfeit bank bill which circulates as currency
E
39-3-808
Possession of counterfeit bank bill
E
39-3-809
Completing counterfeit bills or instruments
E
39-3-810
Altering counterfeit bills or instruments
E
39-3-811
Preparation of counterfeit stamp or plate
E
39-3-812
Possession of counterfeit stamp or plate
E
39-3-813
Making bank paper
E
39-3-814
Making or mending paper, molds, or machines used in preparing bank paper
E
39-3-815
Counterfeiting coin
E
39-3-816
Adulteration of coin
E
39-3-817
Possession or passing of counterfeit coin
E
39-3-818
Making or concealing counterfeit machine
E
39-3-819
Making or possessing adulterated metal for conversion into counterfeit coin
E
39-3-901
Obtaining property by false pretense under $200
E
39-3-902
Receiving property obtained under false pretense under $200
E
39-3-906
Fraudulent breach of trust by disposition of collateral proceeds under security agreement under $200
E
39-3-907
Fraudulent breach of trust under $200
E
39-3-913
Selling animal under false representation of pedigree
E
39-3-914
Giving false impression of death
E
39-3-919(a)
Packing foreign objects in cotton or tobacco
E
39-3-919(b)
Person from adjoining state selling cotton containing foreign objects in this state
E
39-3-926(b)
Removal from state of personal property subject to UCC security interest
E
39-3-926(c)
Removal from state of property embraced by mortgage or trust deed
E
39-3-926(d)
Removal from state of property the title to which is retained under conditional sales contract
E
39-3-927(a)
Disposal of consumer goods subject to UCC security interest under $200
E
39-3-927(b)
Disposal of property covered by mortgage or trust deed under $200
E
39-3-930
Granting of security interest in personal property without title
E
39-3-932
Destruction or concealment of public record under $200
E
39-3-933
Destruction or concealment of will
E
39-3-936
Second or subsequent conviction for possession, sale or transfer of any apparatus for theft of telecommunication service
E
39-3-944
Falsification of medical records or hospital bill
E
39-3-946
False personation to obtain property under $200
E
39-3-948
False or fraudulent insurance claim
E
39-3-949
False entries in books or records with intent to defraud
E
39-3-951
Issuing false stock certificates
E
39-3-1104
Petit larceny
E
39-3-1111
Severing and carrying away fixtures, products or minerals from land under $100
E
39-3-1113
Receiving stolen goods valued under $200
E
39-3-1114
Receiving personal property stolen out of state under $200
E
39-3-1115
Bringing stolen property into state under $200
E
39-3-1117
Wrongful appropriation of property found under $200
E
39-3-1118
Appropriation of property by person having custody under $200
E
39-3-1119
Contract of bailment or agency to make wrongful appropriation under $200
E
39-3-1120
Conversion of trust fund by executor, administrator, guardian or trustee under $200
E
39-3-1121
Embezzlement by private officer, clerk or employee under $200
E
39-3-1123
Receiving embezzled property under $200
E
39-3-1124
Third or subsequent shoplifting conviction
E
39-3-1125
Third or subsequent conviction for concealment of unpurchased goods (regardless of value of merchandise concealed)
E
39-3-1126
Theft, embezzlement or copying trade secret
E
39-3-1132
Transfer of recorded devices or manufacture or distribution without consent of owner
E
39-3-1134
Offenses against parking meter
E
39-3-1135
Third offense for unauthorized taking, concealing or possession of library material
E
39-3-1206
Malicious trespass on farmland
E
39-3-1311
Destruction of land or line marks
E
39-3-1313
Destruction of tobacco plant bed or other plant beds; aiding and abetting destruction of plant bed
E
39-3-1318
Cutting or removing timber from land of another for purpose of marketing
E
39-3-1320
Cutting or destroying building or fences on public land
E
39-3-1324
Tapping or entering telegraph, telephone, electric light and poles or gas lines
E
39-3-1327
Vandalism of houses of worship, graveyards, cemetery and excavation and archaeological sites
E
39-3-1404(a)
Willfully gaining access to computer system with intent to defraud
E
39-4-111
Leaving state after abandoning wife
E
39-4-112
Leaving state after abandoning child
E
39-4-113
Leaving state after court order for support
E
39-4-201
Performance of criminal abortion
E
39-4-202
Failure to obtain consent before abortion
E
39-4-208
Unlawful research and experimentation upon aborted fetus
E
39-4-301
Bigamy
E
39-4-304
Marrying husband or wife of another
E
39-4-305
Teaching or inducing to practice polygamy
E
39-4-307
Begetting child on wife's sister
E
39-4-402
Exposing child to inclement weather
E
39-5-114
Bribery of or acceptance of bribe in connection with athletic sporting event
E
39-5-301
Personating another in judicial proceedings
E
39-5-407
State treasurer or other officer receiving interest or reward for deposit of public funds
E
39-5-415
Officer having custody of a convicted felon voluntarily permitting escape
E
39-5-416
Penitentiary official voluntarily permitting escape
E
39-5-420
Corruptly appointing jurors
E
39-5-421
False certification that conveyance of property was proven or acknowledged
E
39-5-422
False noting, recording, registering or certifying conveyance of property
E
39-5-433
Lobbying members of general assembly
E
39-5-434
Absence of legislator for purposes of obstruction of busi-ness of general assembly
E
39-5-435
Refusal of officer of bank or other corporation to deliver books or other documents to general assembly
E
39-5-501
Compounding offense punishable with death or life imprisonment
E
39-5-507
Encouraging disruption of communication to police and firefighters
E
39-5-509(a)
Interference with working of prisoners
E
39-5-509(b)
Leading mob to interfere with working of prisoners
E
39-5-521
Intimidation of juror's family
E
39-5-601
Perjury
E
39-5-604
Subornation of perjury
E
39-5-605
Perjury or subornation of perjury on trial for felony
E
39-5-606
Misstatement of facts in an affidavit for parole/pardon
E
39-5-701
Rescue of person in lawful custody for felony arrest or conviction
E
39-5-702
Escape or attempt to escape from penitentiary
E
39-5-703
Aiding and abetting escape or attempt to escape from penitentiary
E
39-5-706
Escape or attempt to escape from local jail or workhouse
E
39-5-708
Aiding or assisting prisoner to escape from place of confinement
E
39-5-711
Aiding inmate of state institution to escape
E
39-5-720
Bail jumping in case of felony
E
39-5-833
Membership in communist party
E
39-5-843
Mutilating or casting contempt on United States or Tennessee flag
E
39-5-847
Willful destruction or desecration of United States flag
E
39-5-848
Destruction of selective service card
E
39-6-108
Offering or giving poisonous treat, candy or gift to another
E
39-6-202
Obstruction of or injury to railroad tracks or equipment
E
39-6-208
Cutting or taking property of electric railway
E
39-6-210
Racing steamboat resulting in accident
E
39-6-212
Destruction of steamboat with value under $500
E
39-6-310
Entering campuses, buildings, to incite public disturbance or violence
E
39-6-322
Participating in, organizing or inciting to riot
E
39-6-323
Interference with officers during riot
E
39-6-324
Looting
E
39-6-341
Entering school property to participate in riot
E
39-6-344
Participation in riot by juvenile 16 or older confined in an institution
E
39-6-345
Prisoners rioting or participating in riot
E
39-6-417
Third or subsequent conviction for possession of controlled substance without valid prescription
E
39-6-417(a)(1)(E)
Manufacture, delivery or sale of Schedule V controlled substance
E
39-6-417(a)(1)(F)
Manufacture, delivery or sale of Schedule VI controlled substance
E
39-6-417(a)(1)(G)
Manufacture, delivery or sale of Schedule VII controlled substance
E
39-6-452
Sale of glue for intoxication
E
39-6-454(a)
Sale of imitation controlled substance
E
39-6-454(b)
Manufacture of imitation controlled substance
E
39-6-608
Professional gambling
E
39-6-613
Keeping room or table for certain gambling
E
39-6-622
Keeping place for betting on horse race
E
39-6-626
Promoting prostitution
E
39-6-635
Illegally transporting pinball machine into state after 6/30/80
E
39-6-701
Destruction of cemetery monument or marker
E
39-6-702
Improper disposition of dead human body
E
39-6-705
Removal or disinterment of dead human body for purpose of sale
E
39-6-904
Second or subsequent violation of §
39-6-902
(unlawful sale of alcoholic beverages) and §
39-6-903
(unlawful sale of intoxicating bitters)
E
39-6-908
Transportation of intoxicating liquors by common carrier (individual)
E
39-6-909
Personal transportation of intoxicating liquors
E
39-6-921
Second or subsequent conviction of unlawful storage of liquor for sale
E
39-6-1104
Third or subsequent conviction for importing, preparing, distributing, possessing or appearing in obscene material
E
39-6-1139
Solicitation of person to massage or expose erogenous area for compensation or permitting such solicitation
E
39-6-1504
Filing fraudulent solicitation statement with secretary of state
E
39-6-1522
Unauthorized interstate solicitation for police, judicial or safety association
E
39-6-1609
Cutting or causing break in levee
E
39-6-1713
Manufacture, possession or sale of sawed-off shotgun, sawed-off rifle or machine gun
E
39-6-1716
Convicted felon carrying a firearm
E
39-6-1717
Carrying dangerous weapon into establishment licensed to sell alcoholic beverages
E
39-6-1718
Possession of deadly weapon on school grounds
E
39-6-1719
Sale or possession of exploding bullets
E
(b)
These classifications shall be used for sentencing after November 1, 1989, if the offense was committed on or after July 1, 1982, and prior to November 1, 1989, except first degree murder, which shall be punished by death or life imprisonment.
Acts 1989, ch. 591, § 6; 1990, ch. 1030, § 31; 1992, ch. 655, § 1.