Title 39 Criminal Offenses
Chapter 11 General Provisions Part 1 Construction § 39-11-101. Objectives of criminal code. - The general objectives of the criminal code are to:
- (1) Proscribe and prevent conduct that unjustifiably and inexcusably causes or threatens harm to individual, property, or public interest for which protection through the criminal law is appropriate;
- (2) Give fair warning of what conduct is prohibited, and guide the exercise of official discretion in law enforcement, by defining the act and the culpable mental state that together constitute an offense;
- (3) Give fair warning of the consequences of violation, and guide the exercise of official discretion in punishment, by grading of offenses; and
- (4) Prescribe penalties that are proportionate to the seriousness of the offense.
§ 39-11-102. Effect of criminal code. - (a) Conduct does not constitute an offense unless it is defined as an offense by statute, municipal ordinance, or rule authorized by and lawfully adopted under a statute.
- (b) Parts 1-6 of this chapter apply to offenses defined by other laws, unless otherwise provided by law.
- (c) This title does not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil suit for conduct the criminal code defines as an offense, and the civil injury is not merged into the offense.
§ 39-11-103. Territorial jurisdiction. - (a) Every person, whether an inhabitant of this or any other state or country, is liable to punishment by the laws of this state, for an offense committed in this state, except where it is by law cognizable exclusively in the courts of the United States.
- (b)
- (1) When an offense is commenced outside of this state and consummated in this state, the person committing the offense is liable for punishment in this state in the county in which the offense was consummated, unless otherwise provided by statute.
- (2) It is no defense that the person charged with the offense was outside of this state when the offense was consummated, if the person used:
- (A) An innocent or guilty agent; or
- (B) Other means proceeding directly from the person.
- (c) When the commission of an offense commenced within this state is consummated outside of its boundaries, the offender is liable to punishment in this state in the county where the offense was commenced.
- (d) If one (1) or more elements of an offense are committed in one (1) county and one (1) or more elements in another, the offense may be prosecuted in either county. Offenses committed on the boundary of two (2) or more counties may be prosecuted in either county.
History (2)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1000, § 5.
§ 39-11-104. Construction of criminal code. - This title shall be construed according to the fair import of its terms, including reference to judicial decisions and common law interpretations, to promote justice, and effect the objectives of the criminal code.
§ 39-11-106. Title definitions. - (a) As used in this title, unless the context requires otherwise:
- (1) “Antique firearm” means:
- (A) Any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before the year 1898;
- (B) Any replica of any firearm described in subdivision (a)(1)(A) if such replica:
- (i) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or
- (ii) Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
- (C) Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition;
- (2) “Benefit” means anything reasonably regarded as economic gain, enhancement or advantage, including benefit to any other person in whose welfare the beneficiary is interested;
- (3) “Bodily injury” includes a cut, abrasion, bruise, burn or disfigurement, and physical pain or temporary illness or impairment of the function of a bodily member, organ, or mental faculty;
- (4) “Coercion” means a threat, however communicated, to:
- (A) Commit any offense;
- (B) Wrongfully accuse any person of any offense;
- (C) Expose any person to hatred, contempt or ridicule;
- (D) Harm the credit or business repute of any person; or
- (E) Take or withhold action as a public servant or cause a public servant to take or withhold action;
- (5) “Criminal negligence” refers to a person who acts with criminal negligence with respect to the circumstances surrounding that person's conduct or the result of that conduct when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint;
- (6) “Deadly weapon” means:
- (A) A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury; or
- (B) Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury;
- (7)
- (A) “Deception” means that a person knowingly:
- (i) Creates or reinforces a false impression by words or conduct, including false impressions of fact, law, value or intention or other state of mind that the person does not believe to be true;
- (ii) Prevents another from acquiring information which would likely affect the other's judgment in the transaction;
- (iii) Fails to correct a false impression of law or fact the person knows to be false and:
- (a) The person created; or
- (b) Knows is likely to influence another;
- (iv) Fails to disclose a lien, security interest, adverse claim or other legal impediment to the enjoyment of the property, whether the impediment is or is not valid, or is or is not a matter of public record;
- (v) Employs any other scheme to defraud; or
- (vi)
- (a) Promises performance that at the time the person knew the person did not have the ability to perform or that the person does not intend to perform or knows will not be performed, except mere failure to perform is insufficient to establish that the person did not intend to perform or knew the promise would not be performed;
- (b) Promising performance includes issuing a check or similar sight order for the payment of money or use of a credit or debit card when the person knows the check, sight order, or credit or debit slip will not be honored for any reason;
- (B) “Deception” does not include falsity as to matters having no pecuniary significance or puffing by statements unlikely to deceive ordinary persons in the group addressed;
- (8) “Defendant” means a person accused of an offense under this title and includes any person who aids or abets the commission of such offense;
- (9) “Deprive” means to:
- (A) Withhold property from the owner permanently or for such a period of time as to substantially diminish the value or enjoyment of the property to the owner;
- (B) Withhold property or cause it to be withheld for the purpose of restoring it only upon payment of a reward or other compensation; or
- (C) Dispose of property or use it or transfer any interest in it under circumstances that make its restoration unlikely;
- (10) “Destructive device”:
- (A) Means:
- (i) Any explosive, incendiary, or poison gas:
- (a) Bomb;
- (b) Grenade;
- (c) Rocket having a propellant charge of more than four ounces (4 oz.);
- (d) Missile having an explosive or incendiary charge of more than one-quarter ounce (0.25 oz.);
- (e) Mine; or
- (f) Device similar to any of the devices described in subdivisions (a)(10)(A)(i)(a)-(e); and
- (ii) Any combination of parts either designed or intended for use in converting any device into any destructive device described in subdivision (a)(10)(A)(i) and from which a destructive device may be readily assembled; and
- (B) Does not include:
- (i) Any device that is neither designed nor redesigned for use as a weapon;
- (ii) Any device, although originally designed for use as a weapon, that is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device;
- (iii) Surplus ordnance sold, loaned, or given by the secretary of the Army pursuant to 10 U.S.C. § 7684(2), 10 U.S.C. § 7685, or 10 U.S.C. § 7686;
- (iv) Any antique or rifle which the owner intends to use solely for sporting purposes; or
- (v) Any other device that is not likely to be used as a weapon;
- (11) “Effective consent” means assent in fact, whether express or apparent, including assent by one legally authorized to act for another. Consent is not effective when:
- (A) Induced by deception or coercion;
- (B) Given by a person the defendant knows is not authorized to act as an agent;
- (C) Given by a person who, by reason of youth, mental disease or defect, or intoxication, is known by the defendant to be unable to make reasonable decisions regarding the subject matter; or
- (D) Given solely to detect the commission of an offense;
- (12) “Emancipated minor” means any minor who is or has been married, or has by court order or otherwise been freed from the care, custody and control of the minor's parents;
- (13) “Firearm”:
- (A) Means:
- (i) Any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
- (ii) The frame or receiver of any such weapon;
- (iii) Any firearm muffler or firearm silencer; or
- (iv) Any destructive device; and
- (B) Does not include an antique firearm;
- (14) “Force” means compulsion by the use of physical power or violence and shall be broadly construed to accomplish the purposes of this title;
- (15) “Fraud” means as used in normal parlance and includes, but is not limited to, deceit, trickery, misrepresentation and subterfuge, and shall be broadly construed to accomplish the purposes of this title;
- (16) “Government” means the state or any political subdivision of the state, and includes any branch or agency of the state, a county, municipality or other political subdivision;
- (17) “Governmental record” means anything:
- (A) Belonging to, received or kept by the government for information; or
- (B) Required by law to be kept by others for information of the government;
- (18) “Grave sexual abuse” means:
- (A) Aggravated rape, pursuant to § 39-13-502;
- (B) Rape, pursuant to § 39-13-503;
- (C) Rape of a child, pursuant to § 39-13-522; or
- (D) Aggravated rape of a child, pursuant to § 39-13-531;
- (19) “Handgun” means any firearm with a barrel length of less than twelve inches (12") that is designed, made or adapted to be fired with one (1) hand;
- (20) “Harm” means anything reasonably regarded as loss, disadvantage or injury, including harm to another person in whose welfare the person affected is interested;
- (21) “Intentional” means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result;
- (22) “Jail” includes workhouse and “workhouse” includes jail, whenever the context so requires or will permit;
- (23) “Knowing” means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result;
- (24)
- (A) “Law enforcement officer” means an officer, employee or agent of government who has a duty imposed by law to:
- (i) Maintain public order; or
- (ii) Make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses; and
- (iii) Investigate the commission or suspected commission of offenses;
- (B) “Law enforcement officer” includes a sheriff, sheriff's deputy, and, only for purposes of the enhancement of a crime, a deputy jailer;
- (25) “Legal privilege” means a particular or peculiar benefit or advantage created by law;
- (26) “Minor” means any person under eighteen (18) years of age;
- (27)
- (A) “Obtain” means to:
- (i) Bring about a transfer or purported transfer of property or of a legally recognized interest in the property, whether to the defendant or another; or
- (ii) Secure the performance of service;
- (B) “Obtain” includes, but is not limited to, the taking, carrying away or the sale, conveyance or transfer of title to or interest in or possession of property, and includes, but is not limited to, conduct known as larceny, larceny by trick, larceny by conversion, embezzlement, extortion or obtaining property by false pretenses;
- (28) “Official proceeding” means any type of administrative, executive, legislative or judicial proceeding that may be conducted before a public servant authorized by law to take statements under oath;
- (29) “Owner” means a person, other than the defendant, who has possession of or any interest other than a mortgage, deed of trust or security interest in property, even though that possession or interest is unlawful and without whose consent the defendant has no authority to exert control over the property;
- (30) “Person” includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof;
- (31) “Property” means anything of value, including, but not limited to, money, real estate, tangible or intangible personal property, including anything severed from land, library material, contract rights, choses-in-action, interests in or claims to wealth, credit, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power. Commodities of a public nature, such as gas, electricity, steam, water, cable television and telephone service constitute property, but the supplying of such a commodity to premises from an outside source by means of wires, pipes, conduits or other equipment is deemed a rendition of service rather than a sale or delivery of property;
- (32) “Public place” means a place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence. An act is deemed to occur in a public place if it produces its offensive or proscribed consequences in a public place;
- (33) “Public servant” means:
- (A) Any public officer or employee of the state or of any political subdivision of the state or of any governmental instrumentality within the state including, but not limited to, law enforcement officers;
- (B) Any person exercising the functions of any such public officer or employee;
- (C) Any person participating as an adviser, consultant or otherwise performing a governmental function, but not including witnesses or jurors; or
- (D) Any person elected, appointed or designated to become a public servant, although not yet occupying that position;
- (34) “Reckless” means that a person acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of, but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint;
- (35)
- (A) “Recorded device” means the tangible medium upon which sounds or images are recorded or otherwise stored;
- (B) “Recorded device” includes any original phonograph record, disc, tape, audio, or videocassette, wire, film or other medium now known or later developed on which sounds or images are or can be recorded or otherwise stored, or any copy or reproduction which duplicates, in whole or in part, the original;
- (36) “Security guard/officer” means an individual employed to perform any function of a security guard/officer and security guard/officer patrol service as set forth in the Private Protective Services Licensing and Regulatory Act, compiled in title 62, chapter 35;
- (37) “Serious bodily injury” means bodily injury that involves:
- (A) A substantial risk of death;
- (B) Protracted unconsciousness;
- (C) Extreme physical pain;
- (D) Protracted or obvious disfigurement;
- (E) Protracted loss or substantial impairment of a function of a bodily member, organ or mental faculty; or
- (F) A broken bone of a child who is twelve (12) years of age or less;
- (38) “Services” includes labor, skill, professional service, transportation, telephone, mail, gas, electricity, steam, water, cable television, entertainment subscription service or other public services, accommodations in hotels, restaurants or elsewhere, admissions to exhibitions, use of vehicles or other movable property, and any other activity or product considered in the ordinary course of business to be a service, regardless of whether it is listed in this subdivision (a)(38) or a specific statute exists covering the same or similar conduct; and
- (39) “Value”:
- (A) Subject to the additional criteria of subdivisions (a)(39)(B)-(D), “value” under this title means:
- (i) The fair market value of the property or service at the time and place of the offense; or
- (ii) If the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense;
- (B) The value of documents, other than those having a readily ascertainable fair market value, means:
- (i) The amount due and collectible at maturity, less any part that has been satisfied, if the document constitutes evidence of a debt; or
- (ii) The greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document, if the document is other than evidence of a debt;
- (C) If property or service has value that cannot be ascertained by the criteria set forth in subdivisions (a)(39)(A) and (B), the property or service is deemed to have a value of less than fifty dollars ($50.00);
- (D) If the defendant gave consideration for or had a legal interest in the property or service that is the object of the offense, the amount of consideration or value of the interest shall be deducted from the value of the property or service ascertained under subdivision (a)(39)(A), (B) or (C) to determine value; and
- (E) For a violation of § 39-14-408(b)(1), the value of the property includes the fair market value of repairing, cleaning, and restoring the property.
- (b) The definition of a term in subsection (a) applies to each grammatical variation of the term.
History (13)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1030, §§ 1, 2
- 1995, ch. 322, § 1
- 1996, ch. 1009, § 22
- 1997, ch. 437, § 2
- 2009, ch. 307, § 1
- 2009, ch. 325, § 1
- 2011, ch. 348, § 1
- 2014, ch. 984, § 1
- 2019, ch. 279, §§ 1, 2
- 2020 (2nd Ex. Sess.), ch. 3, § 1
- 2021, ch. 83, § 2
- 2023, ch. 365, § 1.
§ 39-11-109. Prosecution under more than one statute. - (a) When the same conduct may be defined under both a specific statute and a general statute, the person may be prosecuted under either statute, unless the specific statute precludes prosecution under the general statute.
- (b) When the same conduct may be defined under two (2) or more specific statutes, the person may be prosecuted under either statute unless one (1) specific statute precludes prosecution under another.
§ 39-11-110. Felonies and misdemeanors distinguished. - All violations of law that may be punished by one (1) year or more of confinement or by the infliction of the death penalty are denominated felonies, and all violations of law punishable by fine or confinement for less than one (1) year, or both, are denominated misdemeanors.
§ 39-11-112. Repealed or amended laws — Application in prosecution for offense. - When a penal statute or penal legislative act of the state is repealed or amended by a subsequent legislative act, the offense, as defined by the statute or act being repealed or amended, committed while the statute or act was in full force and effect shall be prosecuted under the act or statute in effect at the time of the commission of the offense. Except as provided under § 40-35-117, in the event the subsequent act provides for a lesser penalty, any punishment imposed shall be in accordance with the subsequent act.
§ 39-11-115. Determination of value. - Whenever a determination of value is necessary to assess the class of an offense in this code or the level of punishment, the determination of value shall be made by the trier of fact beyond a reasonable doubt.
§ 39-11-117. Classification of first degree murder. - (a)
- (1) For the purposes of classification of other offenses, first degree murder is one (1) class above Class A.
- (2) Attempted first degree murder and conspiracy to commit first degree murder are Class A felonies.
- (3) Solicitation to commit first degree murder is a Class B felony.
- (b) For the sole and exclusive purpose of determining the classification of prior offenses under sentencing guidelines, first degree murder is considered a Class A offense.
§ 39-11-118. Restitution to victims of crime. - (a) In addition to the punishment authorized by the specific statute prohibiting the conduct, it is a part of the punishment for any offense committed in this state that the person committing the offense may be sentenced by the court to pay restitution to the victim or victims of the offense in accordance with §§ 40-35-104(c)(2) and 40-35-304.
- (b) In addition to the punishment authorized by the specific statute prohibiting the conduct, it is a part of the punishment for the offenses named in this subsection (b) that the defendant be sentenced by the court to pay restitution to the victim or victims of §§ 39-13-309, 39-13-514, 39-17-1005(a), 39-13-528(a), and 39-13-529(a) in accordance with §§ 40-35-104(c)(2) and 40-35-304.
History (2)
- Acts 1996, ch. 699, § 1
- 2013, ch. 242, § 1.
Part 2 Burden of Proof § 39-11-201. Burden of proof. - (a) No person may be convicted of an offense unless each of the following is proven beyond a reasonable doubt:
- (1) The conduct, circumstances surrounding the conduct, or a result of the conduct described in the definition of the offense;
- (2) The culpable mental state required;
- (3) The negation of any defense to an offense defined in this title if admissible evidence is introduced supporting the defense; and
- (4) The offense was committed prior to the return of the formal charge.
- (b) In the absence of the proof required by subsection (a), the innocence of the person is presumed.
- (c) A person charged with an offense has no burden to prove innocence.
- (d) Evidence produced at trial, whether presented on direct or cross-examination of state or defense witnesses, may be utilized by either party.
- (e) No person may be convicted of an offense unless venue is proven by a preponderance of the evidence.
- (f) If the issue is raised in defense, no person shall be convicted of an offense unless jurisdiction and the commission of the offense within the time period specified in title 40, chapter 2 are proven by a preponderance of the evidence.
History (2)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1030, § 3.
§ 39-11-202. Exception. - (a) An exception to an offense in this title is so labeled by the phrase: “It is an exception to the application of …,” or words of similar import.
- (b)
- (1) Unless the statute defining an offense states to the contrary, the state need not negate the existence of an exception in the charge alleging commission of the offense.
- (2) An exception to be relied upon by a person must be proven by a preponderance of the evidence.
History (2)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1030, § 4.
§ 39-11-203. Defense. - (a) A defense to prosecution for an offense in this title is so labeled by the phrase: “It is a defense to prosecution under … that …”
- (b) The state is not required to negate the existence of a defense in the charge alleging commission of the offense.
- (c) The issue of the existence of a defense is not submitted to the jury unless it is fairly raised by the proof.
- (d) If the issue of the existence of a defense is submitted to the jury, the court shall instruct the jury that any reasonable doubt on the issue requires the defendant to be acquitted.
- (e)
- (1) A ground of defense, other than one (1) negating an element of the offense or an affirmative defense, that is not plainly labeled in accordance with this part has the procedural and evidentiary consequences of a defense.
- (2) Defenses available under common law are hereby abolished.
§ 39-11-204. Affirmative defense. - (a) An affirmative defense in this title is so labeled by the phrase: “It is an affirmative defense to prosecution under …, which must be proven by a preponderance of the evidence, that …” or words of similar import.
- (b) The state is not required to negate the existence of an affirmative defense in the charge alleging commission of the offense.
- (c)
- (1) If a person intends to rely upon an affirmative defense, the person shall, no later than ten (10) days before trial, notify the district attorney general in writing of the intention, or at such time as the court may direct naming the affirmative defense or defenses to be asserted, and file a copy of the notice with the clerk.
- (2) Except as provided in this title, if there is a failure to comply with this subsection (c), the affirmative defense may not be raised; provided, that this shall not limit the right of the person to testify on the person's own behalf.
- (3) The court may, for cause shown, allow late filing of the notice or grant additional time to the parties to prepare for trial or make other orders as may be appropriate.
- (4) Evidence of an intention to raise an affirmative defense, which is later withdrawn, is not admissible in any civil or criminal proceeding against the person who gave the notice of the intention.
- (5) This subsection (c) shall only apply in courts of record.
- (d) The issue of the existence of an affirmative defense may not be submitted to the jury unless it is fairly raised by the proof and notice has been provided according to subsection (c).
- (e) If the issue of the existence of an affirmative defense is submitted to the jury, the court shall instruct the jury that the affirmative defense must be established by a preponderance of the evidence.
History (2)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1030, § 5.
Part 3 Culpability § 39-11-301. Requirement of culpable mental state. - (a)
- (1) A person commits an offense who acts intentionally, knowingly, recklessly or with criminal negligence, as the definition of the offense requires, with respect to each element of the offense.
- (2) When the law provides that criminal negligence suffices to establish an element of an offense, that element is also established if a person acts intentionally, knowingly or recklessly. When recklessness suffices to establish an element, that element is also established if a person acts intentionally or knowingly. When acting knowingly suffices to establish an element, that element is also established if a person acts intentionally.
- (b) A culpable mental state is required within this title unless the definition of an offense plainly dispenses with a mental element.
- (c) If the definition of an offense within this title does not plainly dispense with a mental element, intent, knowledge or recklessness suffices to establish the culpable mental state.
History (2)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1030, §§ 6, 7.
§ 39-11-302. Definitions of culpable mental state. - (a) “Intentional” refers to a person who acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.
- (b) “Knowing” refers to a person who acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result.
- (c) “Reckless” refers to a person who acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint.
- (d) “Criminal negligence” refers to a person who acts with criminal negligence with respect to the circumstances surrounding that person's conduct or the result of that conduct when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint.
Part 4 Criminal Responsibility § 39-11-401. Parties to offenses. - (a) A person is criminally responsible as a party to an offense, if the offense is committed by the person's own conduct, by the conduct of another for which the person is criminally responsible, or by both.
- (b) Each party to an offense may be charged with commission of the offense.
§ 39-11-402. Criminal responsibility for conduct of another. - A person is criminally responsible for an offense committed by the conduct of another, if:
- (1) Acting with the culpability required for the offense, the person causes or aids an innocent or irresponsible person to engage in conduct prohibited by the definition of the offense;
- (2) Acting with intent to promote or assist the commission of the offense, or to benefit in the proceeds or results of the offense, the person solicits, directs, aids, or attempts to aid another person to commit the offense; or
- (3) Having a duty imposed by law or voluntarily undertaken to prevent commission of the offense and acting with intent to benefit in the proceeds or results of the offense, or to promote or assist its commission, the person fails to make a reasonable effort to prevent commission of the offense.
§ 39-11-403. Criminal responsibility for facilitation of felony. - (a) A person is criminally responsible for the facilitation of a felony, if, knowing that another intends to commit a specific felony, but without the intent required for criminal responsibility under § 39-11-402(2), the person knowingly furnishes substantial assistance in the commission of the felony.
- (b) The facilitation of the commission of a felony is an offense of the class next below the felony facilitated by the person so charged.
§ 39-11-404. Corporate liability. - (a) A corporation commits an offense when:
- (1) The conduct constituting the offense consists of an intentional failure to discharge a specific duty imposed upon corporations by criminal law;
- (2) The conduct constituting the offense is engaged in, authorized, commanded or knowingly tolerated by the board of directors or by a high managerial agent acting within the scope of the agent's employment on behalf of the corporation; or
- (3) The conduct constituting the offense is engaged in by an agent of the corporation acting within the scope of the agent's employment and on behalf of the corporation, and:
- (A) The offense is a misdemeanor; or
- (B) The offense is one defined by statute which indicates a legislative intent to impose criminal liability on a corporation.
- (b) The following definitions apply in this part, unless the context requires otherwise:
- (1) “Agent” means any officer, director, servant or employee of the corporation or any other person authorized to act on behalf of the corporation; and
- (2) “High managerial agent” means an officer of a corporation or any other agent of a corporation who has duties or such responsibility that the agent's conduct reasonably may be inferred to represent the policy of the corporation.
§ 39-11-405. Individual liability for corporate conduct. - A person is criminally liable for conduct constituting an offense that the person performs or causes to be performed in the name of or on behalf of a corporation to the same extent as if the conduct were performed in the person's own name or behalf.
§ 39-11-406. Affirmative defense to criminal responsibility of a corporation. - (a) It is an affirmative defense to prosecution of a corporation under § 39-11-404(a)(1) or (3) or § 39-11-405, which must be proven by a preponderance of the evidence, that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission.
- (b) Subsection (a) does not apply if it is plainly inconsistent with the legislative purpose expressed in the law defining the particular offense.
§ 39-11-407. Defenses excluded. - In a prosecution in which a person's criminal responsibility is based upon the conduct of another, the person may be convicted on proof of commission of the offense and that the person was a party to or facilitated its commission, and it is no defense that:
- (1) The other belongs to a class of persons who by definition of the offense is legally incapable of committing the offense in an individual capacity; or
- (2) The person for whose conduct the defendant is criminally responsible has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or different type or class of offense, or is immune from prosecution.
§ 39-11-411. Accessory after the fact. - (a) A person is an accessory after the fact who, after the commission of a felony, with knowledge or reasonable ground to believe that the offender has committed the felony, and with the intent to hinder the arrest, trial, conviction or punishment of the offender:
- (1) Harbors or conceals the offender;
- (2) Provides or aids in providing the offender with any means of avoiding arrest, trial, conviction or punishment; or
- (3) Warns the offender of impending apprehension or discovery.
- (b) This section shall have no application to an attorney providing legal services as required or authorized by law.
- (c) Accessory after the fact is a Class E felony.
History (3)
- Acts 1989, ch. 591, § 1
- 1994, ch. 978, § 4
- 1995, ch. 281, § 1.
Part 5 General Defenses § 39-11-501. Insanity. - (a) It is an affirmative defense to prosecution that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature or wrongfulness of the defendant's acts. Mental disease or defect does not otherwise constitute a defense. The defendant has the burden of proving the defense of insanity by clear and convincing evidence.
- (b) As used in this section, “mental disease or defect” does not include any abnormality manifested only by repeated criminal or otherwise antisocial conduct.
- (c) No expert witness may testify as to whether the defendant was or was not insane as set forth in subsection (a). Such ultimate issue is a matter for the trier of fact alone.
History (2)
- Acts 1989, ch. 591, § 1
- 1995, ch. 494, § 1.
§ 39-11-502. Ignorance or mistake of fact. - (a) Except in prosecutions for violations of §§ 39-13-504(a)(4) and 39-13-522, ignorance or mistake of fact is a defense to prosecution if the ignorance or mistake negates the culpable mental state of the charged offense.
- (b) Although a person's ignorance or mistake of fact may constitute a defense to the offense charged, the person may be convicted of the offense for which the person would be guilty if the fact were as the person believed.
- (c) It is not a defense to prosecution for a violation of § 39-13-309, § 39-13-514, or § 39-13-529(a), (b)(1), or (b)(2) that the person charged was ignorant or mistaken as to the age of a minor.
History (4)
- Acts 1989, ch. 591, § 1
- 1995, ch. 495, § 1
- 2013, ch. 337, § 1
- 2022, ch. 1115, § 12.
§ 39-11-503. Intoxication. - (a) Except as provided in subsection (c), intoxication itself is not a defense to prosecution for an offense. However, intoxication, whether voluntary or involuntary, is admissible in evidence, if it is relevant to negate a culpable mental state.
- (b) If recklessness establishes an element of an offense and the person is unaware of a risk because of voluntary intoxication, the person's unawareness is immaterial in a prosecution for that offense.
- (c) Intoxication itself does not constitute a mental disease or defect within the meaning of § 39-11-501. However, involuntary intoxication is a defense to prosecution, if, as a result of the involuntary intoxication, the person lacked substantial capacity either to appreciate the wrongfulness of the person's conduct or to conform that conduct to the requirements of the law allegedly violated.
- (d) The following definitions apply in this part, unless the context clearly requires otherwise:
- (1) “Intoxication” means disturbance of mental or physical capacity resulting from the introduction of any substance into the body;
- (2) “Involuntary intoxication” means intoxication that is not voluntary; and
- (3) “Voluntary intoxication” means intoxication caused by a substance that the person knowingly introduced into the person's body, the tendency of which to cause intoxication was known or ought to have been known.
§ 39-11-504. Duress. - (a) Duress is a defense to prosecution where the person or a third person is threatened with harm that is present, imminent, impending and of such a nature to induce a well-grounded apprehension of death, serious bodily injury, or grave sexual abuse if the act is not done. The threatened harm must be continuous throughout the time the act is being committed, and must be one from which the person cannot withdraw in safety. Further, the desirability and urgency of avoiding the harm must clearly outweigh the harm sought to be prevented by the law proscribing the conduct, according to ordinary standards of reasonableness.
- (b) This defense is unavailable to a person who intentionally, knowingly, or recklessly becomes involved in a situation in which it was probable that the person would be subjected to compulsion.
History (2)
- Acts 1989, ch. 591, § 1
- 2021, ch. 83, § 3.
§ 39-11-505. Entrapment. - It is a defense to prosecution that law enforcement officials, acting either directly or through an agent, induced or persuaded an otherwise unwilling person to commit an unlawful act when the person was not predisposed to do so. If a defendant intends to rely on the defense of entrapment, the defendant shall give to the district attorney general a notice comparable to that required for an insanity defense under Rule 12.2 of the Tennessee Rules of Criminal Procedure.
Part 6 Justification Excluding Criminal Responsibility § 39-11-602. Justification definitions. - As used in this part, unless the context otherwise requires:
- (1) “Custody” means under arrest by a law enforcement officer, or under restraint by an officer, employee or agent of government pursuant to an order of a court;
- (2) “Deadly force” means force that is intended or known by the defendant to cause or, in the manner of its use or intended use, is capable of causing death or serious bodily injury; and
- (3) “Escape” means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose of limited period, but does not include a violation of conditions of probation or parole.
§ 39-11-603. Confinement as justifiable force. - Confinement is justified when force is justified by this part, if the person takes reasonable measures to terminate the confinement as soon as the person knows it can be done safely, unless the individual confined has been arrested for an offense.
§ 39-11-604. Reckless injury of innocent third person. - Even though a person is justified under this part in threatening or using force or deadly force against another, the justification afforded by this part is unavailable in a prosecution for harm to an innocent third person who is recklessly injured or recklessly killed by the use of such force.
§ 39-11-609. Necessity. - Except as provided in §§ 39-11-611 — 39-11-616, 39-11-620 and 39-11-621, conduct is justified, if:
- (1) The person reasonably believes the conduct is immediately necessary to avoid imminent harm; and
- (2) The desirability and urgency of avoiding the harm clearly outweigh the harm sought to be prevented by the law proscribing the conduct, according to ordinary standards of reasonableness.
§ 39-11-610. Public duty. - (a) Except as qualified by subsections (b) and (c), conduct is justified if the person reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or other tribunal, or in the execution of legal process.
- (b) The following sections of this part control:
- (1) When force is threatened or used against a person to protect persons, pursuant to §§ 39-11-611 — 39-11-613;
- (2) To protect property, pursuant to §§ 39-11-614 — 39-11-616; or
- (3) For law enforcement, pursuant to § 39-11-620.
- (c) The justification afforded by this section is available if:
- (1) The person reasonably believes the court or tribunal has jurisdiction or the process is lawful, even though the court or tribunal lacks jurisdiction or the process is unlawful; or
- (2) The person reasonably believes the conduct is required or authorized to assist a public servant in the performance of the public servant's official duty, even though the public servant exceeds the public servant's lawful authority.
§ 39-11-611. Self-defense. - (a) As used in this section, unless the context otherwise requires:
- (1) “Business” means a commercial enterprise or establishment owned by a person as all or part of the person's livelihood or is under the owner's control or who is an employee or agent of the owner with responsibility for protecting persons and property and shall include the interior and exterior premises of the business;
- (2) “Category I nuclear facility” means a facility that possesses a formula quantity of strategic special nuclear material, as defined and licensed by the United States nuclear regulatory commission, and that must comply with the requirements of 10 CFR Part 73;
- (3) “Curtilage” means the area surrounding a dwelling that is necessary, convenient and habitually used for family purposes and for those activities associated with the sanctity of a person's home;
- (4) “Deadly force” means the use of force intended or likely to cause death or serious bodily injury;
- (5) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, that has a roof over it, including a tent, and is designed for or capable of use by people;
- (6) “Nuclear power reactor facility” means a reactor designed to produce heat for electric generation, for producing radiation or fissionable materials, or for reactor component testing, and does not include a reactor used for research purposes;
- (7) “Nuclear security officer” means a person who meets the requirements of 10 CFR Part 73, Appendix B, who is an employee or an employee of a contractor of the owner of a category I nuclear facility or nuclear power reactor facility, and who has been appointed or designated by the owner of a category I nuclear facility or nuclear power reactor facility to provide security for the facility;
- (8) “Residence” means a dwelling in which a person resides, either temporarily or permanently, or is visiting as an invited guest, or any dwelling, building or other appurtenance within the curtilage of the residence; and
- (9) “Vehicle” means any motorized vehicle that is self-propelled and designed for use on public highways to transport people or property.
- (b)
- (1) Notwithstanding § 39-17-1322, a person who is not engaged in conduct that would constitute a felony or Class A misdemeanor and is in a place where the person has a right to be has no duty to retreat before threatening or using force against another person when and to the degree the person reasonably believes the force is immediately necessary to protect against the other's use or attempted use of unlawful force.
- (2) Notwithstanding § 39-17-1322, a person who is not engaged in conduct that would constitute a felony or Class A misdemeanor and is in a place where the person has a right to be has no duty to retreat before threatening or using force intended or likely to cause death or serious bodily injury, if:
- (A) The person has a reasonable belief that there is an imminent danger of death, serious bodily injury, or grave sexual abuse;
- (B) The danger creating the belief of imminent death, serious bodily injury, or grave sexual abuse is real, or honestly believed to be real at the time; and
- (C) The belief of danger is founded upon reasonable grounds.
- (3) For purposes of this subsection (b), a person is not engaged in conduct that would constitute a felony or Class A misdemeanor or in a place where the person does not have a right to be if the person is engaged in the activity or in the place due to the person's status as a victim of human trafficking. The person must prove the person's status as a victim of human trafficking by clear and convincing evidence. The person may provide clear and convincing evidence of the person's status as a victim of human trafficking through testimony.
- (c) Any person using force intended or likely to cause death or serious bodily injury within a residence, business, dwelling or vehicle is presumed to have held a reasonable belief of imminent death or serious bodily injury to self, family, a member of the household or a person visiting as an invited guest, when that force is used against another person, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence, business, dwelling or vehicle, and the person using defensive force knew or had reason to believe that an unlawful and forcible entry occurred.
- (d) The presumption established in subsection (c) shall not apply, if:
- (1) The person against whom the force is used has the right to be in or is a lawful resident of the dwelling, business, residence, or vehicle, such as an owner, lessee, or titleholder; provided, that the person is not prohibited from entering the dwelling, business, residence, or occupied vehicle by an order of protection, injunction for protection from domestic abuse, or a court order of no contact against that person;
- (2) The person against whom the force is used is attempting to remove a person or persons who is a child or grandchild of, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used;
- (3)
- (A) Notwithstanding § 39-17-1322, the person using force is engaged in conduct that would constitute a felony or Class A misdemeanor or is using the dwelling, business, residence, or occupied vehicle to further an unlawful activity;
- (B) For purposes of subdivision (d)(3)(A), a person is not engaged in conduct that would constitute a felony or Class A misdemeanor or using a dwelling, business, residence, or occupied vehicle to further unlawful activity if the person is engaged in the activity or using the dwelling, business, residence, or occupied vehicle due to the person's status as a victim of human trafficking. The person must prove the person's status as a victim of human trafficking by clear and convincing evidence. The person may provide clear and convincing evidence of the person's status as a victim of human trafficking through testimony; or
- (4) The person against whom force is used is a law enforcement officer, as defined in § 39-11-106, who enters or attempts to enter a dwelling, business, residence, or vehicle in the performance of the officer's official duties, and the officer identified the officer in accordance with any applicable law, or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.
- (e) The threat or use of force against another is not justified:
- (1) If the person using force consented to the exact force used or attempted by the other individual;
- (2) If the person using force provoked the other individual's use or attempted use of unlawful force, unless:
- (A) The person using force abandons the encounter or clearly communicates to the other the intent to do so; and
- (B) The other person nevertheless continues or attempts to use unlawful force against the person; or
- (3) To resist a halt at a roadblock, arrest, search, or stop and frisk that the person using force knows is being made by a law enforcement officer, unless:
- (A) The law enforcement officer uses or attempts to use greater force than necessary to make the arrest, search, stop and frisk, or halt; and
- (B) The person using force reasonably believes that the force is immediately necessary to protect against the law enforcement officer's use or attempted use of greater force than necessary.
- (f) A nuclear security officer is authorized to use deadly force under the following circumstances:
- (1) Deadly force appears reasonably necessary to prevent or impede an act, or attempted act, of radiological sabotage at a category I nuclear facility or nuclear power reactor facility, including, but not limited to, situations where a person is attempting to, or has, unlawfully or forcefully entered a category I nuclear facility or nuclear power reactor facility, and where adversary tactics are employed to attempt an act of radiological sabotage, such as, but not limited to:
- (A) Use of firearms or small arms;
- (B) Use of explosive devices;
- (C) Use of incendiary devices;
- (D) Use of vehicle borne improvised explosive devices;
- (E) Use of water borne improvised explosive devices;
- (F) Breaching of barriers; and
- (G) Use of other adversary or terrorist tactics which could be employed to attempt an act of radiological sabotage;
- (2) Deadly force appears reasonably necessary to protect the nuclear security officer or another person if the nuclear security officer reasonably believes there is an imminent danger of death, serious bodily injury, or grave sexual abuse;
- (3) Deadly force appears reasonably necessary to prevent the imminent infliction or threatened infliction of death, serious bodily injury, or grave sexual abuse or the sabotage of an occupied facility by explosives;
- (4) Deadly force appears reasonably necessary to prevent the theft, sabotage, or unauthorized control of special nuclear material from a nuclear power reactor facility or of a nuclear weapon or nuclear explosive device or special nuclear material from a category I nuclear facility; or
- (5) Deadly force reasonably appears to be necessary to apprehend or prevent the escape of a person reasonably believed to:
- (A) Have committed an offense of the nature specified under this subsection (f); or
- (B) Be escaping by use of a weapon or explosive or who otherwise poses an imminent danger of death, serious bodily injury, or grave sexual abuse to nuclear security officers or others unless apprehended without delay.
History (10)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1030, § 8
- 2007, ch. 210, § 1
- 2008, ch. 1012, § 1
- 2009, ch. 194, § 2
- 2012, ch. 627, §§ 1, 2
- 2016, ch. 701, §§ 1-5
- 2017, ch. 80, §§ 1-4
- 2021, ch. 83, §§ 4-7
- 2021, ch. 115, §§ 1-3.
§ 39-11-612. Defense of third person. - A person is justified in threatening or using force against another to protect a third person, if:
- (1) Under the circumstances as the person reasonably believes them to be, the person would be justified under § 39-11-611 in threatening or using force to protect against the use or attempted use of unlawful force reasonably believed to be threatening the third person sought to be protected; and
- (2) The person reasonably believes that the intervention is immediately necessary to protect the third person.
§ 39-11-613. Protection of life or health. - A person is justified in threatening or using force, but not deadly force, against another, when and to the degree the person reasonably believes the force is immediately necessary to prevent the other from committing suicide or from the self-infliction of serious bodily injury.
§ 39-11-614. Protection of property. - (a) A person in lawful possession of real or personal property is justified in threatening or using force against another, when and to the degree it is reasonably believed the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
- (b) A person who has been unlawfully dispossessed of real or personal property is justified in threatening or using force against the other, when and to the degree it is reasonably believed the force is immediately necessary to reenter the land or recover the property, if the person threatens or uses the force immediately or in fresh pursuit after the dispossession:
- (1) The person reasonably believes the other had no claim of right when the other dispossessed the person; and
- (2) The other accomplished the dispossession by threatening or using force against the person.
- (c) Unless a person is justified in using deadly force as otherwise provided by law, a person is not justified in using deadly force to prevent or terminate the other's trespass on real estate or unlawful interference with personal property.
History (2)
- Acts 1989, ch. 591, § 1
- 2009, ch. 194, § 1.
§ 39-11-615. Protection of third person's property. - A person is justified in threatening or using force against another to protect real or personal property of a third person, if, under the circumstances as the person reasonably believes them to be, the person would be justified under § 39-11-614 in threatening or using force to protect the person's own real or personal property.
§ 39-11-616. Use of device to protect property. - (a) The justification afforded by §§ 39-11-614 and 39-11-615 extends to the use of a device for the purpose of protecting property, only if:
- (1) The device is not designed to cause or known to create a substantial risk of causing death or serious bodily harm;
- (2) The use of the particular device to protect the property from entry or trespass is reasonable under the circumstances as the person believes them to be; and
- (3) The device is one customarily used for such a purpose, or reasonable care is taken to make known to probable intruders the fact that it is used.
- (b) Nothing in this section shall affect the law regarding the use of animals to protect property or persons.
§ 39-11-620. Use of deadly force by a law enforcement officer. - (a) A law enforcement officer, after giving notice of the officer's identity as such, may use or threaten to use force that is reasonably necessary to accomplish the arrest of an individual suspected of a criminal act who resists or flees from the arrest.
- (b) Notwithstanding subsection (a), the officer may use deadly force to effect an arrest only if all other reasonable means of apprehension have been exhausted or are unavailable, and where feasible, the officer has given notice of the officer's identity as such and given a warning that deadly force may be used unless resistance or flight ceases, and:
- (1) The officer has probable cause to believe the individual to be arrested has committed a felony involving the infliction or threatened infliction of serious bodily injury or grave sexual abuse; or
- (2) The officer has probable cause to believe that the individual to be arrested poses a threat of serious bodily injury or grave sexual abuse, either to the officer or to others unless immediately apprehended.
History (3)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1030, § 9
- 2021, ch. 83, § 8.
§ 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.
§ 39-11-622. Justification for use of force — Exceptions — Immunity from civil liability — Civil action based upon defendant's use or threatened use of force or the results of defendant's use or threatened use of force. - (a) A person who uses force as permitted in §§ 39-11-611 — 39-11-614, § 29-34-201, or § 49-6-4107, is justified in using such force and is immune from civil liability for the use of such force, unless:
- (1) The person against whom force was used is a law enforcement officer, as defined in § 39-11-106 who:
- (A) Was acting in the performance of the officer's official duties; and
- (B) Identified the officer in accordance with any applicable law; or
- (C) The person using force knew or reasonably should have known that the person was a law enforcement officer; or
- (2) The force used by the person resulted in property damage to or the death or injury of an innocent bystander or other person against whom the force used was not justified.
- (b) As used in this section:
- (1) “Defendant” means a person who uses or threatens to use force against another and asserts that the force used or threatened is permitted by §§ 39-11-611 — 39-11-614, § 29-34-201, or § 49-6-4107; and
- (2) “Plaintiff” means the person, personal representative, or heirs of a person against whom force was used or threatened who files a civil action against the defendant that is based upon the same facts or set of events that resulted in the use or threatened use of force.
- (c)
- (1) If a criminal investigation or criminal proceeding is conducted based upon the defendant's use or threatened use of force, a civil action that is based upon the defendant's use or threatened use of force or the results of the defendant's use or threatened use of force may not proceed until the conclusion of the criminal investigation or criminal proceeding, if a stay of the proceedings is requested by the defendant. If the defendant requests a stay of proceedings and the court determines that a relevant criminal investigation or criminal proceeding is ongoing, the court shall grant a stay of proceedings until the conclusion of the criminal investigation or criminal proceeding.
- (2) A criminal investigation or criminal proceeding shall be deemed concluded if:
- (A) The charge or charges against the defendant are dismissed or retired based on the merits of the case;
- (B) A no true bill is returned by a grand jury on the charge or charges against the defendant;
- (C) A verdict is returned, whether by the judge following a bench trial or by a jury; or
- (D) The defendant is arrested and released without being charged and the district attorney general or chief officer of the investigating law enforcement agency provides the court with written notification that the defendant will not be charged with an offense or the investigation is no longer actively occurring.
- (d) If a plaintiff files a civil action against a defendant based upon the same facts or set of events that resulted in the use or threatened use of force, then the defendant may assert in any responsive pleading or by motion in writing pursuant to the Rules of Civil Procedure that:
- (1) The defendant's use of force or threatened use of force was justified and permitted by §§ 39-11-611 — 39-11-614, § 29-34-201, or § 49-6-4107;
- (2) The defendant has immunity from civil liability pursuant to this section;
- (3) Because of the defendant's immunity from civil liability, the claim does not state a cause of action upon which relief can be granted; and
- (4) The defendant requests a hearing to determine if the civil action should be dismissed for this reason.
- (e)
- (1) If a hearing is requested, or ordered upon the court's own motion, the court shall expedite the hearing and hear the matter and issue a decision within forty (40) days of the hearing being requested or ordered. Either party may request additional time beyond the forty-day period to prepare, in which case the court shall order, for good cause shown, that the hearing be reset on the first docket following the time period granted for the stay.
- (2) From the time the hearing is ordered, all aspects of and procedures relating to the civil action shall be stayed.
- (3) All applicable parties shall be given notice and may appear and present evidence at the hearing. The sole issue at the hearing is whether the defendant used force or threatened the use of force in a manner permitted by §§ 39-11-611 — 39-11-614, § 29-34-201, or § 49-6-4107 and is therefore immune from civil liability pursuant to this section.
- (4) The burden of proof at the hearing is initially on the defendant to present sufficient admissible evidence to fairly raise the issue of whether the use of force was justified under §§ 39-11-611 — 39-11-614, § 29-34-201, or § 49-6-4107. If the court finds that the permissible use of force has been fairly raised, a presumption of immunity is created and the burden of proof shifts to the plaintiff to demonstrate that civil liability is not barred by this section.
- (5)
- (A) If the court determines by a preponderance of evidence that the defendant's use of force or threatened use of force was justified under §§ 39-11-611 — 39-11-614, § 29-34-201, or § 49-6-4107, the court shall dismiss the civil action with prejudice for failure to state a claim upon which relief can be granted and may issue other orders consistent with the defendant's immunity from civil liability conferred by subsection (a).
- (B) If the court determines that the defendant is not entitled to immunity from civil liability under this subsection (e), the action shall remain stayed pursuant to subdivision (c)(1). Once the criminal investigation or criminal proceeding is concluded and the stay is lifted, the civil action may continue. The defendant is not precluded from asserting at any other point in the civil action that the use of force was justified.
- (f) If the court dismisses the civil action pursuant to subdivision (e)(5)(A) or otherwise determines that the defendant is entitled to immunity from civil liability under this section, the court shall award the defendant attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of the civil action.
History (3)
- Acts 2007, ch. 210, § 3
- 2021, ch. 188, § 1
- 2021, ch. 387, § 1.
Part 7 Disposition of Forfeited Property § 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.
§ 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.
History (2)
- Acts 1998, ch. 979, § 2
- 2000, ch. 846, § 25.
§ 39-11-703. Criminal proceeds subject to forfeiture. - (a) Any property, real or personal, directly or indirectly acquired by or received in violation of any statute or as an inducement to violate any statute, or any property traceable to the proceeds from the violation, is subject to judicial forfeiture, and all right, title, and interest in any such property shall vest in the state upon commission of the act giving rise to forfeiture.
- (b) Any real property, including any right, title and interest in the whole of or any part of any lot or tract of land and any property used as an instrumentality in or used in furtherance of a violation of the following laws shall be subject to judicial forfeiture:
- (1) A conviction for a violation of § 39-17-417(i) or (j) or the commission of three (3) or more acts occurring on three (3) or more separate days within a sixty-day period, and each act results in a felony conviction under chapter 17, part 4 of this title; or
- (2) The commission of three (3) or more acts occurring on three (3) or more separate days within a sixty-day period, and each act results in a conviction for promoting prostitution under chapter 13, part 5 of this title.
- (c)
- (1) The items enumerated in subdivision (c)(2) are subject to judicial forfeiture as provided in this part for a violation of the following offenses:
- (A) For an offense committed on or after July 1, 2022:
- (i) Kidnapping, as defined in § 39-13-303;
- (ii) Aggravated kidnapping, as defined in § 39-13-304;
- (iii) Especially aggravated kidnapping, as defined in § 39-13-305;
- (iv) Aggravated rape of a child, as defined in § 39-13-531;
- (v) Rape of a child, as defined in § 39-13-522;
- (vi) Aggravated rape, as defined in § 39-13-502;
- (vii) Rape, as defined in § 39-13-503;
- (viii) Commission of an act of terrorism, as defined in § 39-13-805; and
- (ix) Aggravated human trafficking, as defined in § 39-13-316;
- (B) For an offense committed on or after July 1, 2011:
- (i) Involuntary labor servitude, as defined in § 39-13-307;
- (ii) Trafficking for forced labor or services, as defined in § 39-13-308; and
- (iii) Trafficking for commercial sex acts, as defined in § 39-13-309; and
- (C) For an offense committed on or after July 2, 2022:
- (i) Especially aggravated rape;
- (ii) Especially aggravated rape of a child; or
- (iii) Grave torture;
- (2) The items to which subdivision (c)(1) applies are:
- (A) When used or intended to be used in connection with such violation:
- (i) Conveyances, including aircraft, motor vehicles, and other vessels;
- (ii) Books, records, telecommunication equipment, or computers;
- (iii) Money or weapons; and
- (iv) Real property;
- (B) Everything of value furnished, or intended to be furnished, in exchange for an act in violation of such statutes, including all proceeds traceable to the exchange, and all negotiable instruments and securities used, or intended to be used, to facilitate the violation;
- (C) Any property, real or personal, directly or indirectly acquired by or received in violation of such statutes, or as an inducement to violate such statutes, or any property traceable to the proceeds from the violation; and
- (D) Any real property, including any right, title, and interest in the whole of or any part of any lot or tract of land and any property used as an instrumentality in or used in furtherance of such violation.
- (d) In any in rem forfeiture action in which the subject property is cash, monetary instruments in bearer form, funds deposited in an account in a financial institution, or other like fungible property:
- (1) It shall not be necessary for the state to identify the specific property involved in the offense that is the basis for the forfeiture action; and
- (2) It shall not be a defense that the property involved in such an action has been removed and replaced by identical property.
History (5)
- Acts 1998, ch. 979, § 3
- 2009, ch. 432, § 1
- 2011, ch. 354, § 1
- 2022, ch. 982, §§ 1, 3
- 2022, ch. 1089, § 9.
§ 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.
History (2)
- Acts 1998, ch. 979, § 4
- 2009, ch. 432, §§ 2, 3.
§ 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.
History (2)
- Acts 1998, ch. 979, § 5
- 2001, ch. 381, § 1.
§ 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.
§ 39-11-707. Procedure for seizure of property. - (a) Any property subject to forfeiture under this part may be seized by the attorney general, the attorney general's agents, or any law enforcement officer, when acting pursuant to a lawful arrest or search, the execution of a search warrant, a petition to abate a nuisance, or a court order. When property is seized under this part, it may be removed by the seizing agency or official to a place to secure the property, it may be preserved as evidence, it may be padlocked as ordered by a court of record, it may be secured by depositing in an interest bearing account as approved by a court of record or it may be secured as otherwise authorized by law regarding the maintenance, storage, or disposition of seized property.
- (b) Upon seizure of property for forfeiture under this part, the seizing agency or official shall cause to be delivered a written receipt and notice of seizure to the possessor, owner and interest holder as determined from public records. The notice shall list and describe generally the property seized, the agency or official responsible for the seizure and shall state the procedure for obtaining return of the property. The seizing agency shall deliver a copy of the notice to the district attorney general of the judicial district where the seizing agency is located or of the judicial district where the seizure occurred.
- (c) Upon the seizure of personal property for forfeiture, the seizing agency shall within five (5) working days, apply ex parte for a forfeiture warrant from a judge authorized to issue a search warrant. Upon a finding that probable cause for forfeiture exists, a forfeiture warrant shall issue. The warrant shall be based upon proof by affidavit that there is probable cause that the owner's interest in the seized property is subject to forfeiture. In the event a forfeiture warrant is not issued, then the property shall immediately be returned unless the property is to be retained for evidence in a criminal proceeding. No forfeiture action for personal property may be filed without the issuance of a forfeiture warrant.
- (d) No claim need be filed by an interest holder and no interest holder may have interest forfeited without service of a complaint for forfeiture under this part.
- (e) The attorney general may file a notice of lien lis pendens against any real property subject to forfeiture under this part. The lien shall generally describe the real property and the reason for forfeiture. The notice shall specify the court and jurisdiction in which the action is pending and, if known at the time of the filing of the notice, the case number of the action. After the filing of the notice of lien lis pendens the state shall, as soon as is practicable, serve a copy of the notice upon any person who has a duly recorded interest in the property as reflected in public records.
- (f) The filing of a notice of lien lis pendens under this part creates, from the time of its filing, a lien in favor of the state on the property described in the notice and subject to forfeiture under this part against the persons named in the notice.
- (g) There shall be no seizure or attachment of real property unless and until a hearing is conducted, with due notice to the owner.
- (h) A possessory lien of a person from whose possession property subject to forfeiture is seized is not affected or prejudiced by a seizure for forfeiture under this part. Such a lien shall take precedence over all other liens.
- (i) A person who acts in good faith and in a reasonable manner to comply with an order of the court or a request of a peace officer while enforcing this part is not liable to any person for acts done in furtherance with the order or request.
§ 39-11-708. Procedure for judicial forfeiture of property. - (a) If real or personal property is subject to forfeiture under this part, the attorney general may initiate an in rem forfeiture proceeding in the circuit, chancery, or general sessions court of the county where the property is located or where the conduct giving rise to forfeiture occurred. If the property is beyond the jurisdiction of the court, the attorney general may initiate an in personam action against the owner or interest holder if the owner or interest holder is subject to the jurisdiction of the court. The complaint shall state a description of the property to be forfeited and the reasons for forfeiture under this part.
- (b) If personal property is sought to be forfeited, the complaint shall state the date the forfeiture warrant was issued. However, no complaint shall be dismissed for defects or insufficiencies in the forfeiture warrant. The complaint shall be served by registered mail at the last known address of the owner, if known, or the person in possession at the time of seizure. In the event the owner or possessor of the property does not answer the complaint, the state may move for a default judgment. An interest holder shall, however, be served with the complaint for forfeiture prior to any disposition of the property.
- (c) The court shall proceed as soon as practicable to a hearing and determination of the issue of forfeiture. The state shall notify the appropriate state official or commissioner as to the pendency of the judicial forfeiture action when such property is pending administrative forfeiture action. The filing of a complaint under this section shall operate as a stay of any pending administrative forfeiture proceedings. The state shall have the burden to prove by a preponderance of the evidence that the property is subject to forfeiture under this part and that one (1) or more acts described in § 39-11-703 giving rise to forfeiture occurred after June 27, 1998, regardless of when the property was originally acquired, as long as the owner's interest in the property appreciated following the commission of an act giving rise to forfeiture. The forfeiture action shall be commenced within five (5) years after the conduct giving rise to forfeiture terminates or the cause of action accrues, whichever is later. Any party who claims an interest in the property subject to forfeiture must first establish by a preponderance of the evidence that the party is an owner or interest holder in the property seized before other evidence is taken. The claimant has the burden of establishing standing to assert the claim. Notwithstanding any other law, no other claims, pendent claims or counterclaims may be filed in an action for forfeiture under this part.
- (d) If real or personal property of a criminal defendant is to be forfeited as part of a criminal prosecution, the indictment or information must contain notice in a separate count that the state will seek forfeiture of property under this part and all property subject to forfeiture must be generally described within the separate count. By agreement of the state and the defendant, a general sessions court may enter upon the judgment of the case that the property is to be forfeited or returned. The state shall establish by a preponderance of the evidence that the property is subject to forfeiture under this part. If the forfeiture count includes property described in § 39-11-703(a) the state shall establish that one (1) or more acts described in § 39-11-703(a) giving rise to forfeiture occurred after June 27, 1998, regardless of when the property was originally acquired, as long as the defendant's interest in the property was acquired or appreciated following the commission of an act giving rise to forfeiture. If the forfeiture count includes property described in § 39-11-703(b), the state shall establish that the property was used as an instrumentality in or used in furtherance of a violation of the law described in § 39-11-703(b). As soon as practicable after entering a guilty verdict or accepting a plea of guilty or nolo contendere on any count in an indictment, presentment, or information with regard to which criminal forfeiture is sought, the court shall determine whether the state has established that the property is subject to forfeiture. The court's determination may be based on evidence already in the record, including any written plea agreement, or if forfeiture is contested on evidence or information presented by the parties at a sentencing hearing. Upon the request by the state or the defendant in a case in which a jury returns a verdict of guilty, the jury shall determine in a bifurcated hearing whether the state has established that the property is subject to forfeiture. The state and defendant may introduce evidence at the forfeiture hearing. If the jury or court finds that the state has met its burden of proof from all the evidence in the case, then each property determined to be subject to forfeiture shall be designated in a special verdict and forfeited in accordance with this part. The criminal forfeiture action shall be charged within five (5) years after the conduct giving rise to forfeiture terminates. If a third party who is not a defendant in the criminal action has an interest in any of the property described in the criminal forfeiture count of the indictment or information, then the state shall determine the rights of the third party in a separate civil forfeiture action under this part.
- (e) If the forfeiture count includes property described in § 39-11-703(a), a rebuttable presumption exists that the property of any person is subject to forfeiture, if the state establishes all of the following:
- (1) The conduct giving rise to forfeiture occurred;
- (2) The person acquired the property during the period of the conduct giving rise to forfeiture or within a reasonable time after that period; and
- (3) There is no likely source for the property other than the conduct giving rise to forfeiture.
- (f) Property subject to forfeiture may be located in any county or state. Upon a finding by the court that the evidence establishes that the property is subject to forfeiture, the judge shall enter a judgment of forfeiture of all property subject to forfeiture and shall order that title to the property be vested in the state of Tennessee from the date that the conduct that gave rise to the forfeiture occurred, subject to any exemptions provided for in this part.
- (g) Upon entry of the judgment of forfeiture and the recording of the judgment in the county and state where the property is located, title to the property shall vest in the state and shall thereafter be disposed of as provided for in §§ 39-11-713 and 39-11-714. If the property cannot be located or is beyond the jurisdiction of the court, the court shall enter a judgment against the owner equal to the value of the property ordered to be forfeited. The court may use its contempt powers to enforce any orders of forfeiture of property located beyond the jurisdiction of the court, and other orders in furtherance of the purpose of this part.
History (3)
- Acts 1998, ch. 979, § 8
- 2001, ch. 381, § 2
- 2015, ch. 180, §§ 1, 2.
§ 39-11-709. Procedure for return of property seized. - (a) Only an owner or interest holder may make a claim for return of property seized for forfeiture or otherwise contest the forfeiture under this part. In the event of a seizure for forfeiture under this part, the property shall not be subject to replevin, conveyance, or attachment, but is deemed to be in the custody of the seizing agency or official.
- (b) If after thirty (30) days from the date of the seizure of the property or the filing of a notice of lien lis pendens no administrative or civil forfeiture action has been initiated, the owner or interest holder may petition the court of record having criminal jurisdiction in the judicial district where the seizure occurred for return of the property seized or to have the notice of lien lis pendens released. The district attorney general having jurisdiction over the judicial district where the petition is filed shall be served with a copy of the petition. If no administrative or civil forfeiture action is commenced within thirty (30) days after the appropriate official has been served with the petition for return of property or release of lis pendens, then the court shall order the property be returned or the lien released.
- (c) The order to return property or to release a lien shall not bar any action to forfeit the property in a future proceeding, but such property may not be seized nor lien filed against the property until such time as a forfeiture proceeding seeking forfeiture of the property has been filed. At any time subsequent to the seizure of the property by the seizing agency, the attorney general may direct the return of the seized property or release any lien filed upon a determination that forfeiture proceedings would be without merit.
- (d) After the filing of a forfeiture action under this part, a claimant may file a motion with the court in which the action is pending for the state to show cause why the property, or any portion of the property, should not be returned or the lien released. The court shall conduct a hearing on the motion within twenty-one (21) days from the date such motion is filed. The claimant must first establish by a preponderance of the evidence that the claimant is an owner in the property seized before other evidence is taken. The claimant has the burden of establishing standing to assert the claim. If the claimant fails to establish standing to assert a claim, then the request shall be denied. If the state then proves that a probability of success on the merits of the forfeiture action exists, the court shall deny the request to return the property or release the lien. If the court finds that the state has failed to prove a probability of success on the merits of the forfeiture action, the court shall order that the property be returned or that the lien be released. If the state proves that a probability of success on the merits exists as to some portion of the property seized or upon which a lien is attached but not on other portions of the property, the court shall order that the portions upon which the state did not meet the burden of proof be returned or the lien released.
History (2)
- Acts 1998, ch. 979, § 9
- 2015, ch. 180, §§ 3, 4.
§ 39-11-710. Rights of interest holders and owners. - (a) Nothing in this part shall limit or restrict the right of an interest holder in real property that was of record, prior to the filing of the notice of lien lis pendens, to enforce its deed of trust, or to take any other action permitted under its deed of trust as long as prior notice is given to the court and the attorney general who filed the notice in accordance with this section.
- (b)
- (1) Pending any proceeding to forfeit real property, an interest holder who desires to take action under the mortgage or deed of trust shall give notice to the attorney general who filed the lis pendens of any action to be taken under the mortgage or deed of trust.
- (2) If the state has stipulated to the interest holder's exemption from forfeiture of its interest and a judgment has been entered, then the interest holder may proceed to foreclose, in accordance with its mortgage or deed of trust, subject to the approval or conditions of the court.
- (3) When no judgment has been entered exempting the interest holder's interest from forfeiture, the interest holder may not exercise its right to foreclose its deed of trust on the property, unless it gives the official who filed the lis pendens written notice at least twenty (20) days prior to the date of a foreclosure sale and indicates the time, date and place of sale and the balance owing on the debt. Upon receipt of the notice of foreclosure the official who filed the lis pendens may petition the court where the forfeiture action is pending to require that the foreclosure sale be subject to the approval or conditions of the court. Upon notice to the interest holder, the court may grant the request and upon those conditions as it deems just.
- (c) The court may enjoin any foreclosure sale when probable cause exists that the interest holder is a co-conspirator or accessory to the conduct giving rise to forfeiture.
- (d) Upon completion of a foreclosure sale of real property pending forfeiture, the interest holder or the interest holder's trustee shall give written notice of the intended distribution of the proceeds of the sale to the official who filed the lis pendens. The interest holder shall deposit with the clerk of the court where the forfeiture action is pending all proceeds from the foreclosure sale in excess of the debt and fees and expenses secured by its deed of trust. If, however, the court has ordered that the sale be conducted under conditions or subject to the approval of the court, the interest holder shall file with the court proof under oath that those conditions were met and any proceeds of the sale ordered to be deposited with the clerk. If no objection is filed by the official who filed the lien lis pendens, then the court shall approve the sale and distribution of proceeds.
- (e) Pending any proceeding to forfeit any personal property, an owner or interest holder may petition the court exercising jurisdiction over the forfeiture proceeding for possession of the property, unless the property is needed as evidence. The court shall permit the owner or interest holder to obtain possession of the property upon the execution of a bond in favor of the state of Tennessee and for payment of the appraised value of the property at the time of the hearing, the sureties for the bond to be approved by the court. The court shall, upon approval of the bond, permit the owner or interest holder to obtain possession of the property unless it is needed for evidence.
- (f) If the state has filed a stipulation that an interest holder has an interest that is exempt from forfeiture, the court may release personal property for sale, to be leased, rented or operated, when the property used for collateral is depreciating in value or when justice dictates, and upon the posting of a bond to ensure compliance with this subsection (f), unless the property is needed for evidence. Upon the court's release for public sale or lease, the interest holder shall dispose of the property but only by a commercially reasonable public sale or lease and, within ten (10) days of disposition, shall deposit with the clerk of the court where the forfeiture action is pending the amount received at disposition, less the amount of the interest holder's encumbrance and reasonable expenses incurred by the interest holder in connection with the sale or disposal, including the costs of the bond. For purposes of this subsection (f), “commercially reasonable” is a sale or disposal that would be commercially reasonable under § 47-9-610.
- (g) If an indictment, information, or arrest warrant is filed against an owner claiming return of property that is subject to a forfeiture action filed under this part and the criminal action alleges the same conduct as the conduct giving rise to forfeiture in a civil forfeiture proceeding, the court in the civil proceeding shall stay civil discovery against the criminal defendant and against the state until the defendant's criminal action is completed.
History (2)
- Acts 1998, ch. 979, § 10
- 2000, ch. 846, § 26.
§ 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.
History (1)
- Acts 1998, ch. 979, § 11.
§ 39-11-712. Sale of forfeited property. - (a) Whenever a judgment of forfeiture is rendered under this part, the court may authorize the attorney general to sell the property at public auction, subject to the orders and approval of the court. The court, in lieu of such sale, may order that the property be sold by any person having an interest in the real property whose interest has not been forfeited. The proceeds of the sale shall be subject to the orders of the court.
- (b)
- (1) If the court orders a property interest in property owned as tenants in common forfeited under this section to be sold, whether by a public official or by a person having an interest in the property as in subsection (a), the innocent spouse of a person whose property interest has been forfeited shall have the same right to the property interest as granted an innocent spouse in subdivision (b)(2) or (b)(3). If there is no spouse or if the spouse does not elect to pursue the rights provided in subdivision (b)(2) or (b)(3), then any other person or persons whose interest in the property has not been forfeited shall have the first right to purchase the forfeited interest for its fair market value prior to the court ordered sale. In order to exercise the first right to purchase, the person or persons must petition the appropriate circuit or criminal court at least thirty (30) days prior to the date the court ordered sale is to be conducted. If the person or persons do not purchase the forfeited property, the sale shall be conducted as provided by law. For the purposes of this subdivision (b)(1), “fair market value” is determined by taking an average of three (3) appraisals conducted by separate and qualified real estate appraisers selected by the court. Before any such purchase, the court shall approve the average of the appraisals for fair market value as reasonable.
- (2)
- (A) Notwithstanding subdivision (b)(1) to the contrary, if a court orders property forfeited under this section pursuant to subsection (a) and the property is held through tenancy by the entirety and one spouse's interest is not forfeited, then that spouse shall have the first right to purchase the forfeited expectancy interest in the property.
- (B) A spouse purchasing the forfeited property interest in the manner specified in subdivision (b)(2)(A) shall take the property subject to all bona fide liens on the property. In order to exercise the right of purchase, the spouse shall petition the court that ordered the forfeiture for the purchase at fair market value at least fifteen (15) days prior to the court ordered sale.
- (C) If the spouse does not purchase the forfeited expectancy interest, the spouse shall retain that spouse's interest as a tenant in common subject to all bona fide liens, and the forfeited expectancy interest shall be sold at public auction and the proceeds disbursed as provided for in § 39-11-713.
- (D) If a party possessing a security interest in property being held by an innocent spouse institutes proceedings pursuant to its deed of trust or otherwise that results in the foreclosure and sale of the property, the innocent spouse shall be entitled to receive from the first proceeds of the sale an amount equal to an elective share as provided in § 31-4-101, subject to bona fide outstanding liens not satisfied by the remainder of the proceeds.
- (E) If the innocent spouse predeceases the defendant spouse, if there are children of the innocent and guilty spouses, at least one (1) of whom is eighteen (18) years of age or younger on the date of the sale, and if the entity holding the right of expectancy is the state, then upon the sale of the property, one third (⅓) of the proceeds from the sale shall be allocated and divided equally among all the children, subject to all outstanding bona fide liens not satisfied by the remainder of the proceeds.
- (3)
- (A) Notwithstanding subdivision (b)(1) to the contrary, if the property subject to forfeiture under this section is property titled solely in the name of a guilty spouse or titled in the name of the guilty spouse as tenants in common with any other person or persons, the innocent spouse may petition the court, at least thirty (30) days prior to the court ordered forfeiture sale, to have the court vest the ownership of the property in the couple as tenants by the entirety; and the innocent spouse shall have the same rights as provided in subdivision (b)(2). If the petition is timely filed, it shall be granted.
- (B) The filing of the petition shall act as a stay of any court ordered sale of the property and the stay shall remain in effect until disposition is made of the petition.
- (C) If the innocent spouse does not petition the court to vest the property ownership in the couple as tenants by the entirety, then the property shall be forfeited and disposed of as provided by this section.
History (2)
- Acts 1998, ch. 979, § 12
- 2009, ch. 432, § 4.
§ 39-11-713. Disposition of forfeited property. - (a) All property ordered forfeited shall be sold at public auction. The proceeds from all property forfeited and sold at public auction shall be disposed of by the court as directed by this part. If the property seized and ordered forfeited was taken from the lawful owner through theft or fraud, then the property shall be returned to the lawful owner, or restitution provided, as the court determines. If the defendant owes restitution, the proceeds shall first be directly applied to satisfy any judgments against the defendant for restitution in favor of the victim. The attorney general shall then be compensated for all expenses incident to the litigation, as approved by the court. Any such costs for appeals shall be provided for by the trial court upon conclusion of the litigation. The attorney general shall then direct that any public agency be reimbursed for out-of-pocket expenses resulting from the investigation, seizure, and storage of the forfeited property.
- (b) The court shall then award the remainder of the funds as follows:
- (1) In the event that the investigating and seizing agency is a state agency, the funds shall be distributed to the state general fund;
- (2) In the event that the investigating and seizing agency is the Tennessee bureau of investigation, or in the event that the office of inspector general participates in the investigation, seizure, or prosecution, then, the funds shall be distributed to the state treasurer, who shall deposit the funds in a designated account for the agency to be used in its operations; provided, that, if more than one (1) state agency participated in the investigation or seizure as certified by the prosecuting attorney, then the court shall order a distribution according to the participation of each;
- (3) In the event that the investigating and seizing agency is a local public agency, then the funds shall be distributed to its local government, when, upon ratification of this part by the local governing body of a municipality, metropolitan government or county governing body by ordinance or resolution, the municipality, metropolitan government or county has authorized the receipt of the distributed funds and has designated how the funds are to be distributed, which shall be designated for law enforcement, and the court shall make the award and distribution consistent with such ordinance or resolution by the local governing body. When more than one (1) local public agency participated in the investigation and seizure of forfeited property as certified by the attorney general, then the court shall order a distribution according to the participation of each local public agency. Accounting procedures for the financial administration of such funds shall be in keeping with those prescribed by the comptroller of the treasury; or
- (4)
- (A) In any matter concerning or arising out of TennCare fraud or abuse that is or may be the subject of a proceeding pursuant to this part, the district attorney general may specially appoint the following persons to prepare, initiate, and conduct such proceedings as the district attorney general is authorized by law to conduct pursuant to this part:
- (i) Upon consent of the commissioner of finance and administration or the commissioner's designee, a licensed attorney employed by the department of finance and administration;
- (ii) Upon consent of the director of the Tennessee bureau of investigation or the director's designee, a licensed attorney employed by the Tennessee bureau of investigation; or
- (iii) Upon the consent of the chief executive officer of any governmental agency, a licensed attorney employed by that agency.
- (B) The acts of an attorney acting for the district attorney general pursuant to this subdivision (b)(4) shall be valid as if done by the district attorney general, and there shall be no requirement that the district attorney general be disqualified from acting or that there be a vacancy in the office. Nor shall the district attorney general or any of the district attorney general's assistants be compelled to attend court proceedings in the matters in which an attorney is acting for the district attorney general pursuant to this subdivision (b)(4); provided, that the district attorney general or any of the district attorney general's assistants may be in attendance, and participate, if the district attorney general so desires. The authority to make such appointments extends to all proceedings brought under this part, whether civil or criminal.
- (c) For purposes of this section, a local public agency includes any county or municipal law enforcement agency or commission, any judicial district drug task force established under state law, the district attorney general, or any local department or agency of local government authorized by the attorney general to participate in the investigation.
- (d) Funds awarded under this section may not be used to supplement salaries of any public employee or law enforcement officer. Funds awarded under this section may not supplant other local or state funds.
History (3)
- Acts 1998, ch. 979, § 13
- 2005, ch. 474, §§ 23-25
- 2022, ch. 982, § 2.
§ 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.
History (1)
- Acts 1998, ch. 979, § 14.
§ 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.
History (1)
- Acts 1998, ch. 979, § 15.
§ 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.
History (1)
- Acts 1998, ch. 979, § 16.
§ 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.
History (1)
- Acts 1998, ch. 979, § 17.
Chapter 12 General Offenses Part 1 Inchoate Offenses § 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.
§ 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.
§ 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.
§ 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.
§ 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.
History (2)
- Acts 1989, ch. 591, § 1
- 1990, ch. 980, § 1.
§ 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.
History (2)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1030, § 10.
§ 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.
Part 2 Organized Crime § 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.”
§ 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.
History (2)
- Acts 1989, ch. 591, § 1
- 2023, ch. 487, § 1.
§ 39-12-203. Part definitions. - As used in this part, unless the context otherwise requires:
- (1)
- (A) “Beneficial interest” means either of the following:
- (i) The interest of a person as a beneficiary under any trust arrangement pursuant to which a trustee or any other person holds legal or record title to personal or real property for the benefit of the person; or
- (ii) The interest of a person under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real or personal property for the benefit of the person;
- (B) “Beneficial interest” does not include the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or a limited partnership;
- (2) “Documentary material” means any book, paper, document, writing, drawing, graph, chart, photograph, phono record, magnetic tape, computer print-out, or other data compilation from which information can be obtained or from which information can be translated into usable form or other tangible item;
- (3) “Enterprise” means a formal or informal ongoing organization, association, or group that has as one (1) of its primary activities the commission of one (1) or more offenses qualifying as racketeering activity, and that consists of three (3) or more persons:
- (A) Who share a common name, identifying signs, colors, or symbols, including, but not limited to, terrorist organizations, hate groups, and criminal gangs as defined in § 40-35-121(a)(1); or
- (B) Who share the primary purpose of promoting or facilitating commercial sex acts, as defined under § 39-13-301(4);
- (4) “Innocent person” includes bona fide purchasers and victims;
- (5) “Investigative agency” means the office of the attorney general and reporter;
- (6) “Ongoing” means that the enterprise was in existence when the racketeering activity was committed as charged in a petition, warrant, indictment, information, presentment, or action for civil injunctive relief;
- (7) “Pattern of racketeering activity” means engaging in at least two (2) incidents of racketeering activity that have the same or similar intents, purposes, results, accomplices, victims, or methods of commission or are otherwise interrelated by distinguishing characteristics and are not isolated incidents; provided, that at least one (1) of the incidents occurred after July 1, 2023, and the last of the incidents occurred within eight (8) years after a prior incident. Racketeering activity that was the subject of a prior prosecution that resulted in an acquittal must not be used under this part;
- (8) “Person” means any individual or entity holding or capable of holding a legal or beneficial interest in property;
- (9) “Personal property” includes any personal property, or any interest in personal property, or any right, including bank accounts, debts, corporate stocks, patents or copyrights. Personal property and beneficial interest in personal property are deemed located where the trustee is, the personal property is, or the instrument evidencing the right is;
- (10) “Racketeering activity” means to commit, attempt to commit, conspire to commit, or to aid, attempt to aid, solicit, coerce, facilitate, or intimidate another person to commit:
- (A) An offense under chapter 13, part 2 of this title, relating to criminal homicide;
- (B) An offense under chapter 13, part 3 of this title, relating to kidnapping, false imprisonment, or human trafficking;
- (C) An offense under chapter 13, part 4 of this title, relating to robbery;
- (D) An offense under chapter 13, part 10 of this title, relating to burglary;
- (E) An offense under chapter 14, part 7 of this title, relating to criminal instruments;
- (F) An offense under chapter 14, part 9 of this title, relating to money laundering;
- (G) An offense under chapter 17, part 13 of this title, relating to weapons;
- (H) Assault under § 39-13-101;
- (I) Aggravated assault under § 39-13-102;
- (J) Reckless endangerment under § 39-13-103;
- (K) Domestic assault under § 39-13-111;
- (L) Violation of an order of protection or restraining order under § 39-13-113;
- (M) Aggravated rape under § 39-13-502;
- (N) Rape under § 39-13-503;
- (O) Aggravated sexual battery under § 39-13-504;
- (P) Promoting prostitution under § 39-13-515;
- (Q) Continuous sexual abuse of a child under § 39-13-518;
- (R) Rape of a child under § 39-13-522;
- (S) Aggravated rape of a child under § 39-13-531;
- (T) Promoting travel for prostitution under § 39-13-533;
- (U) Unauthorized use of automobiles and other vehicles under § 39-14-106;
- (V) Theft of property under § 39-14-103;
- (W) Extortion under § 39-14-112;
- (X) Forgery under § 39-14-114;
- (Y) Criminal simulation under § 39-14-115;
- (Z) Illegal possession or fraudulent use of credit or debit card under § 39-14-118;
- (AA) Identity theft under § 39-14-150;
- (BB) Arson under § 39-14-301;
- (CC) Aggravated arson under § 39-14-302;
- (DD) Setting fire to personal property or land under § 39-14-303;
- (EE) Aggravated criminal trespass under § 39-14-406;
- (FF) Trespass by motor vehicle under § 39-14-407;
- (GG) Vandalism under § 39-14-408;
- (HH) Bribery of a public servant under § 39-16-102;
- (II) Bribery of a witness under § 39-16-107;
- (JJ) Bribery of a juror under § 39-16-108;
- (KK) Contraband in penal institutions under § 39-16-201;
- (LL) Criminal impersonation under § 39-16-301;
- (MM) Using a false identification under § 39-16-303;
- (NN) False reports under § 39-16-502;
- (OO) Tampering with or fabricating evidence under § 39-16-503;
- (PP) Coercion or persuasion of a witness under § 39-16-507;
- (QQ) Coercion of a juror under § 39-16-508;
- (RR) Improper influence of a juror under § 39-16-509;
- (SS) Retaliation for past action under § 39-16-510;
- (TT) Threats of mass violence on school property or at a school-related activity under § 39-16-517;
- (UU) Obstruction of law enforcement under § 39-16-602;
- (VV) Evading arrest under § 39-16-603;
- (WW) Escape under § 39-16-605;
- (XX) Introduction of implements for escape under § 39-16-608;
- (YY) Perjury under § 39-16-702;
- (ZZ) Aggravated perjury under § 39-16-703;
- (AAA) Subornation of perjury under § 39-16-705;
- (BBB) Stalking, aggravated stalking, or especially aggravated stalking under § 39-17-315;
- (CCC) A drug offense under § 39-17-417;
- (DDD) Simple possession or casual exchange under § 39-17-418;
- (EEE) Counterfeit controlled substances under § 39-17-423;
- (FFF) Unlawful drug paraphernalia under § 39-17-425;
- (GGG) Immediate methamphetamine precursor under § 39-17-431;
- (HHH) Promotion of methamphetamine manufacture under § 39-17-433;
- (III) Manufacture, delivery, sale, or possession of methamphetamines under § 39-17-434;
- (JJJ) Initiation of methamphetamine manufacture process under § 39-17-435;
- (KKK) Controlled substance analogue under § 39-17-454;
- (LLL) Gambling under § 39-17-502;
- (MMM) Gambling promotion under § 39-17-503;
- (NNN) Aggravated gambling promotion under § 39-17-504;
- (OOO) Sexual exploitation of a minor under § 39-17-1003;
- (PPP) Aggravated sexual exploitation of a minor under § 39-17-1004; or
- (QQQ) Especially aggravated sexual exploitation of a minor under § 39-17-1005;
- (11) “Real property” means any real property situated in this state or any interest in the real property, including, but not limited to, any lease of or mortgage upon such real property. Real property and beneficial interest in real property are deemed to be located where the real property is located;
- (12) “RICO lien notice” means the notice described in § 39-12-207; and
- (13)
- (A) “Trustee” means any of the following:
- (i) Any person who holds legal or record title to real or personal property in which any other person has a beneficial interest; or
- (ii) Any successor trustee to one (1) of the persons in subdivision (12)(A)(i);
- (B) “Trustee” does not include any person serving as a fiduciary appointed by a court to administer an estate or acting as a trustee of any testamentary trust or as a trustee of any indenture of trust under which any bonds have been or are to be issued.
- (14) [Deleted by 2023 amendment.]
History (5)
- Acts 1989, ch. 591, § 1
- 1992, ch. 937, §§ 1, 2
- 2012, ch. 1090, §§ 1, 2
- 2013, ch. 278, § 1
- 2023, ch. 487, §§ 2-6.
§ 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.
History (2)
- Acts 1989, ch. 591, § 1
- 2023, ch. 487, § 7.
§ 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.
History (2)
- Acts 1989, ch. 591, § 1
- 2023, ch. 487, § 8.
§ 39-12-206. Civil proceedings — Injunctions — Forfeiture of property — Future criminal actions — Statute of limitations. - (a) Any circuit or chancery court may, after making due provision for the rights of innocent persons, in compliance with the Tennessee Rules of Civil Procedure, enjoin violations of this part by issuing appropriate orders and judgments, including, but not limited to:
- (1) Ordering any defendant to divest the defendant of any interest in any enterprise, including real property;
- (2) Imposing reasonable restrictions upon the future activities or investments of any defendant, including, but not limited to, prohibiting any defendant from engaging in the same type of endeavor as the enterprise in which the defendant was engaged in violation of this part;
- (3) Ordering the dissolution or reorganization of any enterprise;
- (4) Ordering the suspension or revocation of a license, permit or prior approval guaranteed to any enterprise by any agency of the state; and
- (5) Ordering the forfeiture of the charter of a corporation organized under the laws of the state, or the revocation of a certificate authorizing a foreign corporation to conduct business within the state, upon finding that the board of directors or a managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in conduct in violation of this part and that, for the prevention of future criminal activity, the public interest requires the charter of the corporation forfeited and the corporation dissolved or the certificate revoked.
- (b) All property, real or personal, including money, used in the course of, intended for use in the course of, derived from, or realized through, conduct in violation of this part is subject to civil forfeiture to the state. No fee paid for legal, medical or accounting service shall be subject to forfeiture under this section, unless the person or persons to whom such fee was paid had knowledge that the funds used to pay the fee were derived from activity in violation of this part. The state shall dispose of all forfeited property as soon as commercially feasible, subject to the lawful claim of any creditor. If the property is not exercisable or transferable for value by the state, the forfeiture shall expire. All forfeitures or dispositions under this section shall be made with due provision for the rights of innocent persons. The proceeds realized from forfeiture and disposition shall be promptly deposited in the criminal injuries compensation fund established by § 40-24-107.
- (c) Property subject to forfeiture under this section may be seized by a law enforcement officer upon court process. Seizure without process may be made, if:
- (1) The seizure is incident to a lawful arrest or search or any inspection under an administrative inspection warrant; or
- (2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a forfeiture proceeding based upon this section.
- (d) If a seizure occurs under subsection (c), a forfeiture proceeding shall be instituted promptly. Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the law enforcement officer making the seizure, subject only to the order of the court. When property is seized under this section, pending forfeiture and final disposition, the law enforcement officer may:
- (1) Place the property under seal;
- (2) Remove the property to a place designated by the court; or
- (3) Require another agency authorized by law to take custody of the property and remove it to any appropriate location.
- (e) The office of the attorney general and reporter shall institute all civil proceedings and RICO lien notices under this part. In any action brought under this section, the circuit or chancery court shall proceed as soon as practicable to the hearing and determination.
- (f) In a civil proceeding, relief shall be granted in conformity with the principles that govern the granting of injunctive relief from threatened loss or damage in other civil cases, except that no showing of special or irreparable damage to the person shall have to be made. Pending final determination of a proceeding initiated under this section, the court may enter a temporary restraining order or a preliminary injunction, may require execution of satisfactory performance bond, or may take any other action, including the appointment of receiver, upon a showing of immediate danger or significant injury, including the possibility that any judgment for money damages might be difficult to execute or that such action is necessary to preserve the reachability of property subject to civil forfeiture. Following the entry of any order of civil forfeiture under this section, the trial court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action, including the appointment of a receiver, that the court deems proper to protect the interests of the plaintiff.
- (g) A final judgment or decree rendered in favor of the state in any criminal proceeding under this part shall estop the defendant in any subsequent civil action or proceeding as to all matters as to which such judgment or decree would be an estoppel as between the parties.
- (h) Notwithstanding any other law, a criminal or civil action or proceeding under this part may be commenced at any time within five (5) years after the conduct in violation of this part terminates or the cause of action accrues. If a criminal prosecution or civil action or other proceeding is brought, or intervened in, to punish, prevent or restrain any violation of this part, the running of the period of limitations prescribed by this section with respect to any cause of action arising under subsection (f) that is based in whole or in part upon any matter complained of in any such prosecution action or proceeding shall be suspended during the pendency of the prosecution action or proceeding and for two (2) years following its termination.
- (i) The application of one (1) civil remedy under any provision of this part shall not preclude the application of any other remedy, civil or criminal, under this part or any other law. Civil remedies under this part are supplemental and not mutually exclusive.
- (j) It is an element of the burden of proof in the final resolution of any civil proceeding instituted pursuant to this section that the defendant committed either the requisite predicate acts or a criminal violation of this part.
- (k) In any action in which the plaintiff substantially prevails, including preliminary proceedings under subsection (f), the plaintiff shall also recover reasonable attorney's fees in the trial and appellate courts and costs of investigation and litigation reasonably incurred.
- (l) Personal service of any process in an action under this section may be made upon any person outside the state, if the person was a principal in any conduct constituting a violation of this part in this state. The person is deemed to have thereby submitted to the jurisdiction of the courts of this state for the purposes of this section.
- (m) Forfeited property shall be titled in the name of the state of Tennessee and shall be disposed of in accordance with the terms of this subsection (m). The office of the attorney general and reporter may contract for property management services, including, but not limited to, the collection, securing, safekeeping, repair and disposition of property forfeited or seized. The state shall self-insure forfeited and seized property, both realty and personalty, pursuant to title 12, chapter 3, part 9. Liability claims against the state relative to forfeited and seized property shall be presented to the claims commission in accordance with its governing sections and rules.
History (2)
- Acts 1989, ch. 591, § 1
- 1990, ch. 977, § 1.
§ 39-12-207. RICO lien notice — Liens — Title or interest holders — Unauthorized conveyances. - (a) Upon the institution of any civil or criminal proceeding, the investigative agency, then or at any time during the pendency of the proceeding, may file a RICO lien notice in the official records of any one (1) or more counties. No filing fee or other charge is required as a condition for filing the RICO lien notice, and the clerk of the court shall, upon the presentation of a RICO lien notice, immediately record it in the official records.
- (b) The RICO lien notice shall be signed by the attorney general and reporter or the attorney general and reporter's designee. The notice shall be in such form as the attorney general and reporter prescribes and shall set forth the following information:
- (1) The name of the person against whom the civil or criminal proceeding has been brought. In its discretion, the investigative agency may also name in the RICO lien notice any other aliases, names, or fictitious names under which the person may be known and any corporation, partnership, or other entity that is either controlled or entirely owned by the person;
- (2) If known to the investigative agency, the present residence and business addresses of the person named in the RICO lien notice and of other names set forth in the RICO lien notice;
- (3) A reference to the civil or criminal proceeding, stating:
- (A) That a proceeding under this part has been brought against the person named in the RICO lien notice;
- (B) The name of the county or counties in which the proceeding has been brought; and
- (C) If known to the investigative agency at the time of filing the RICO lien notice, the case number of the proceeding;
- (4) A statement that the notice is being filed pursuant to this part; and
- (5)
- (A) The name and address of the investigative agency filing the RICO lien notice and the name of the individual signing the RICO lien notice.
- (B) A RICO lien notice shall apply only to one (1) person and, to the extent applicable, any other aliases, names or fictitious names, including names of corporations, partnerships, or other entities, to the extent permitted in subdivision (b)(1).
- (C) A separate RICO lien notice shall be filed for each person against whom the investigative agency desires to file a RICO lien notice under this section.
- (c) The investigative agency shall, as soon as practicable after the filing of each RICO lien notice, furnish to the person named in the notice either a copy of the recorded notice or a copy of the notice with a notation on the notice of the county or counties in which the notice has been recorded. The failure of the investigative agency to furnish a copy of the notice under this subsection (c) shall not invalidate or otherwise affect the notice.
- (d)
- (1) The filing of a RICO lien notice creates, from the time of its filing, a lien in favor of the state on the following property of the person named in the notice and against any other names set forth in the notice:
- (A) Any real or personal property situated in the county where the notice is filed then or thereafter owned by the person or under any of the names; and
- (B) Any beneficial interest in real or personal property situated in the county where the notice is filed then or thereafter owned by the person or under any of the names.
- (2) The lien shall commence and attach as of the time of filing of the RICO lien notice and shall continue until expiration, termination, or release of the notice pursuant to § 39-12-208. The lien created in favor of the state shall be superior and prior to the interest of any other person in the real or personal property or beneficial interest, if the interest is acquired subsequent to the filing of the notice.
- (e) In conjunction with any civil proceeding:
- (1) The investigative agency may file a lis pendens in any county without prior court order; in such case, any person acquiring an interest in the subject real property or beneficial interest, if the real property or beneficial interest is acquired subsequent to the filing of lis pendens, shall take the interest subject to the civil proceeding and any subsequent judgment of forfeiture; and
- (2) If a RICO lien notice has been filed, the investigative agency may name as defendant, in addition to the person named in the notice, any person acquiring an interest in the real or personal property or beneficial interest subsequent to the filing of the notice. If a judgment of forfeiture is entered in the proceeding in favor of the state, the interest of any person in the property that was acquired subsequent to the filing of the notice shall be subject to the notice and judgment of forfeiture.
- (f)
- (1) A trustee who acquires actual knowledge that a RICO lien notice or a civil proceeding or criminal proceeding has been filed against any person for whom the trustee holds legal or record title to real or personal property shall immediately furnish to the investigative agency the following:
- (A) The name and address of the person, as known to the trustee;
- (B) The name and address, as known to the trustee, of each other person for whose benefit the trustee holds title to the real or personal property; and
- (C) If requested by the investigative agency, a copy of the trust agreement or other instrument pursuant to which the trustee holds legal or record title to the real or personal property.
- (2) Any trustee who fails to comply with this subsection (f) commits a Class A misdemeanor.
- (g)
- (1) Any trustee who conveys title to real or personal property for which, at the time of the conveyance, a RICO lien notice naming a person who, to the actual knowledge of the trustee, holds a beneficial interest in the trust has been filed in the county where the real or personal property is situated is liable to the state for the greatest of:
- (A) The amount of proceeds received directly by the person named in the RICO lien notice;
- (B) The amount of proceeds received by the trustee as a result of the conveyance and distributed to the person named in the RICO lien notice; or
- (C) The fair market value of the interest of the person named in the RICO lien notice in the real or personal property so conveyed.
- (2) However, if the trustee conveys the real or personal property and holds the proceeds that would otherwise be paid or distributed to the beneficiary or at the direction of the beneficiary or the beneficiary's designee, the trustee's liability shall not exceed the amount of the proceeds so held for so long as the proceeds are held by the trustee.
- (h) The filing of a RICO lien notice shall not constitute a lien on the record title to real or personal property as owned by the trustee, except to the extent that the trustee is named in the RICO lien notice. The investigative agency may bring a civil proceeding in any circuit or chancery court against the trustee to recover from the trustee the amount set forth in subsection (g), and the state shall also be entitled to recover investigative costs and attorney's fees incurred by the investigative agency.
- (i) The filing of a RICO lien notice shall not affect the use to which real or personal property or a beneficial interest owned by the person named in the RICO lien notice may be put, or the right of the person to receive any rents, or other proceeds resulting from the use and ownership, but not the sale, of the property, until a judgment of forfeiture is entered.
- (j)
- (1) This section shall not apply to any conveyance by a trustee pursuant to a court order, unless such court order is entered in an action between the trustee and beneficiary.
- (2) Unless the trustee has actual knowledge that a person owning a beneficial interest in the trust is named in a RICO lien notice or is otherwise a defendant in a civil proceeding, this section shall not apply to:
- (A) Any conveyance by the trustee required under the terms of the trust agreement, which trust agreement is a matter of public record prior to the filing of the RICO lien notice; or
- (B) Any conveyance by the trustee to all of the persons who own beneficial interests in the trust.
- (k) Upon the entry of a final judgment of forfeiture in favor of the state of Tennessee, the title of the state to the forfeited property shall:
- (1) In the case of real property, or a beneficial interest in the real property, relate back to the date of filing of the RICO lien notice in the official records of the county where the real property or a beneficial interest in the real property is located; and if no RICO lien notice is filed, then to the date of the filing of any notice of lis pendens under subsection (e) in the official records of the county where the real property or a beneficial interest in it is located; and if no RICO lien notice or notice of lis pendens is filed, then to the date of the recording of the final judgment of forfeiture in the official records of the county where the real property or a beneficial interest in the real property is located; and
- (2) In the case of personal property, or a beneficial interest in it, relate back to the date the personal property or the beneficial interest in it was seized by the state, or the date of filing of the RICO lien notice in the official records of the county where the personal property or a beneficial interest in the personal property is located; but if the property was not seized and no RICO lien notice was filed, then to the date of the recording of the final judgment of forfeiture in the official records of the county where the personal property, or a beneficial interest in the personal property, is located.
- (l) If real or personal property, or a beneficial interest in the real or personal property, subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of the RICO lien notice, or after the filing of a civil proceeding or criminal proceeding, whichever is earlier, the attorney general and reporter may institute an action in any circuit or chancery court against the person named in the RICO lien notice or the defendant in the civil proceeding or criminal proceeding; and the court shall enter final judgment against the person named in the RICO lien notice or the defendant in the civil proceeding or criminal proceeding in an amount equal to the fair market value of the property or any beneficial interest in the real or personal property, together with investigative costs and attorney's fees incurred by the investigative agency in the action. If a civil proceeding is pending, such action shall be filed only in the court where such civil proceeding is pending.
- (m) If real or personal property, or a beneficial interest in the real or personal property, subject to forfeiture is conveyed, alienated, or otherwise disposed of after the filing of the RICO lien notice, or after the filing of a civil proceeding or criminal proceeding, whichever is earlier, the state may treat the disposal as a fraudulent and preferential conveyance.
- (n) Notwithstanding any other provision of this section, any person who has perfected a security interest in real or personal property, or a beneficial interest in it, for the payment of an enforceable debt or other similar obligation prior to the filing of a RICO lien notice or a lis pendens in reference to the property or interest may foreclose the interest as otherwise provided by law. The foreclosure of the interest shall, insofar as it is practicable, be made in such a fashion that it will not otherwise interfere with a forfeiture under this part.
§ 39-12-208. RICO lien notice — Term — Renewal — Release — Termination. - (a) The term of a RICO lien notice shall be for a period of six (6) years from the date of filing, unless a renewal RICO lien notice has been filed by the investigative agency; in such case, the term of the renewal RICO lien notice shall be for a period of six (6) years from the date of its filing. The investigative agency shall be entitled to only one (1) renewal of the RICO lien notice.
- (b) The investigative agency filing a RICO lien notice may release, in whole or in part, the RICO lien notice or may release any specific real or personal property or beneficial interest from the RICO lien notice, upon such terms and conditions as it may determine. A release of a RICO lien notice executed by the investigative agency may be filed in the official records of any county. No charge or fee shall be imposed for the filing of a release of a RICO lien notice.
- (c) If no civil proceeding has been instituted by the investigative agency seeking a forfeiture of any property owned by the person named in the RICO lien notice, the acquittal in the criminal proceeding of the person named in the RICO lien notice, or the dismissal of the criminal proceeding shall terminate the RICO lien notice. In such case, the filing of the RICO lien notice shall be of no effect. If a civil proceeding has been instituted, and if the criminal proceeding has been dismissed or the person named in the RICO lien notice has been acquitted in the criminal proceeding, the RICO lien notice shall continue for the duration of the civil proceeding.
- (d) If no civil proceeding is then pending against the person named in a RICO lien notice, the person named in the RICO lien notice may institute an action in the county where the notice has been filed against the investigative agency that filed the notice seeking a release or extinguishment of the notice. In such case:
- (1) The court shall, upon the motion of the person named in the RICO lien notice, immediately enter an order setting a date for hearing, which date shall be not less than five (5) nor more than ten (10) days after the suit has been filed; and the order, along with a copy of the complaint, shall be served on the investigative agency within three (3) days after the institution of the suit. At the hearing, the court shall take evidence on the issue of whether any real or personal property or beneficial interest owned by the person is covered by the RICO lien notice or is otherwise subject to forfeiture under this part; unless the investigative agency shows probable cause that the RICO lien notice is applicable to the person or that any real or personal property or beneficial interest owned by the person is subject to forfeiture under this part, the court shall enter a judgment extinguishing the RICO lien notice or releasing the real or personal property or beneficial interest from the RICO lien notice;
- (2) The court shall immediately enter its order releasing from the RICO lien notice any specific real or personal property or beneficial interest, if a sale of the real or personal property or beneficial interest is pending and the filing of the notice prevents the sale of the property or interest; provided, that the proceeds resulting from the sale of the real or personal property or beneficial interest shall be deposited to the credit of the clerk of the court, subject to the further order of the court; and
- (3) At the hearing set forth in subdivision (d)(1), the court may release any real or personal property or beneficial interest from the RICO lien notice, upon the posting by the person of such security as is equal to the value of the real or personal property or beneficial interest owned by the person.
- (e) If a civil proceeding is pending against a person named in a RICO lien notice, the court, upon motion by the person, may grant the relief set forth in this 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.
§ 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.
Chapter 13 Offenses Against Person Part 1 Assaultive Offenses § 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.
History (9)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1030, § 11
- 2002, ch. 649, § 1
- 2009, ch. 412, § 1
- 2010, ch. 981, § 2
- 2013, ch. 325, §§ 1, 3
- 2016, ch. 1052, § 1
- 2018, ch. 925, § 1
- 2020, ch. 756, § 1.
§ 39-13-102. Aggravated assault. - (a)
- (1) A person commits aggravated assault who:
- (A) Intentionally or knowingly commits an assault as defined in § 39-13-101, and the assault:
- (i) Results in serious bodily injury to another;
- (ii) Results in the death of another;
- (iii) Involved the use or display of a deadly weapon; or
- (iv) Involved strangulation or attempted strangulation; or
- (B) Recklessly commits an assault as defined in § 39-13-101(a)(1), and the assault:
- (i) Results in serious bodily injury to another;
- (ii) Results in the death of another; or
- (iii) Involved the use or display of a deadly weapon.
- (2) For purposes of subdivision (a)(1)(A)(iv), “strangulation” means intentionally or knowingly impeding normal breathing or circulation of the blood by applying pressure to the throat or neck or by blocking the nose and mouth of another person, regardless of whether that conduct results in any visible injury or whether the person has any intent to kill or protractedly injure the victim.
- (b) A person commits aggravated assault who, being the parent or custodian of a child or the custodian of an adult, intentionally or knowingly fails or refuses to protect the child or adult from an aggravated assault as defined in subdivision (a)(1) or aggravated child abuse as defined in § 39-15-402.
- (c) A person commits aggravated assault who, after having been enjoined or restrained by an order, diversion or probation agreement of a court of competent jurisdiction from in any way causing or attempting to cause bodily injury or in any way committing or attempting to commit an assault against an individual or individuals, intentionally or knowingly attempts to cause or causes bodily injury or commits or attempts to commit an assault against the individual or individuals.
- (d) [Deleted by 2018 amendment.]
- (e)
- (1)
- (A) Aggravated assault under:
- (i) [Deleted by 2018 amendment.]
- (ii)
- (a) Except as provided in subdivision (e)(1)(A)(ii)(b), subdivision (a)(1)(A)(i), (iii), or (iv) is a Class C felony; and
- (b) If the victim is pregnant at the time of the offense, subdivision (a)(1)(A)(iv) is a Class B felony;
- (iii) Subdivision (a)(1)(A)(ii) is a Class C felony;
- (iv) Subdivision (b) or (c) is a Class C felony;
- (v) Subdivision (a)(1)(B)(i) or (iii) is a Class D felony;
- (vi) Subdivision (a)(1)(B)(ii) is a Class D felony.
- (B) Notwithstanding the authorized fines established in § 40-35-111, a violation of this section is punishable by a fine not to exceed fifteen thousand dollars ($15,000), in addition to any other punishment authorized by § 40-35-111.
- (2) 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 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.
- (3)
- (A) In addition to any other punishment authorized by this section, the court shall order a person convicted of aggravated assault under the circumstances set out in this subdivision (e)(3) to pay restitution to the victim of the offense. Additionally, the judge shall order the warden, chief operating officer, or workhouse administrator to deduct fifty percent (50%) of the restitution ordered from the inmate's commissary account or any other account or fund established by or for the benefit of the inmate while incarcerated. The judge may authorize the deduction of up to one hundred percent (100%) of the restitution ordered.
- (B) Subdivision (e)(3)(A) applies if:
- (i) The victim of the aggravated assault is a correctional officer, guard, jailer, or other full-time employee of a penal institution, local jail, or workhouse;
- (ii) The offense occurred while the victim was in the discharge of official duties and within the victim's scope of employment; and
- (iii) The person committing the assault was at the time of the offense, and at the time of the conviction, serving a sentence of incarceration in a public or private penal institution as defined in § 39-16-601.
- (4) 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, the court shall assess each person convicted an electronic monitoring indigency fee of ten dollars ($10.00). All proceeds collected pursuant to this subdivision (e)(4) shall be transmitted to the treasurer for deposit in the electronic monitoring indigency fund, established in § 55-10-419.
- (5) Notwithstanding this subsection (e), a person convicted of a violation of subdivision (a)(1)(A)(i), (a)(1)(A)(ii), (a)(1)(B)(i), or (a)(1)(B)(ii) shall be punished one (1) classification higher than is otherwise provided if:
- (A) The violation was committed by discharging a firearm from within a motor vehicle, as defined by § 55-1-103; and
- (B) The victim was a minor at the time of the violation.
- (6) Notwithstanding this subsection (e), a person convicted of a violation of subdivision (a)(1)(A)(iii) or (a)(1)(B)(iii) shall be punished one (1) classification higher than is otherwise provided if the violation was committed by discharging a firearm from within a motor vehicle, as defined in § 55-1-103.
- (f) A violation of subdivision (a)(1)(A)(iv), in which the victim of the offense loses consciousness due to strangulation, may be prosecuted as attempted first degree murder, under § 39-13-202, or attempted second degree murder, under § 39-13-210.
History (26)
- Acts 1989, ch. 591, § 1
- 1990, ch. 980, § 2
- 1990, ch. 1030, §§ 12, 13
- 1993, ch. 306, § 1
- 1995, ch. 452, § 1
- 1996, ch. 830, § 1
- 1996, ch. 1009, § 19
- 1998, ch. 1049, § 9
- 2002, ch. 649, § 2
- 2005, ch. 353, § 10
- 2009, ch. 394, § 1
- 2009, ch. 412, § 2
- 2010, ch. 981, § 3
- 2011, ch. 401, § 1
- 2013, ch. 325, § 2
- 2013, ch. 407, § 1
- 2013, ch. 461, §§ 2, 3
- 2015, ch. 283, § 1
- 2015, ch. 306, §§ 1, 2
- 2018, ch. 925, §§ 2-4
- 2018, ch. 1046, § 1
- 2019, ch. 149, § 1
- 2019, ch. 485, § 2
- 2020 (2nd Ex. Sess.), ch. 3, § 3
- 2022, ch. 1136, § 1
- 2023, ch. 440, §§ 2, 3.
§ 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).
History (6)
- Acts 1989, ch. 591, § 1
- 2011, ch. 409, § 1
- 2012, ch. 1048, § 2
- 2013, ch. 154, §§ 53, 54
- 2019, ch. 279, § 3
- 2021, ch. 505, § 1.
§ 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.
§ 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.
History (2)
- Acts 1993, ch. 524, § 3
- 2021, ch. 545, § 1.
§ 39-13-106. Vehicular assault. - (a) A person commits vehicular assault who, as the proximate result of the person's intoxication as set forth in § 55-10-401 or § 69-9-219(a), recklessly causes serious bodily injury to another person by the operation of a motor vehicle or vessel subject to registration. For the purposes of this section, “intoxication” includes alcohol intoxication as defined by § 55-10-411(a), drug intoxication, or both.
- (b)
- (1) Vehicular assault is a Class D felony.
- (2) Any sentence imposed for a first violation of this section shall include a mandatory minimum sentence of forty-eight (48) consecutive hours of incarceration. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire forty-eight-hour minimum mandatory sentence.
- (3) If at the time of sentencing for a violation of this section, the person has one (1) prior conviction for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of forty-five (45) consecutive days of incarceration. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire forty-five-day minimum mandatory sentence.
- (4) If at the time of sentencing for a violation of this section, the person has any combination of two (2) prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred twenty (120) consecutive days of incarceration. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire one hundred twenty-day mandatory minimum sentence.
- (5) If at the time of sentencing for a violation of this section, the person has any combination of three (3) or more prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred fifty (150) consecutive days of incarceration. The person shall not be eligible for release from confinement on probation pursuant to § 40-35-303 until the person has served the entire one hundred fifty-day mandatory minimum sentence.
- (6) As used in this subsection (b), “alcohol-related offense” means a conviction for a violation of § 55-10-401, § 69-9-219(a), this section, § 39-13-213(a)(2), or § 39-13-218.
- (7) For purposes of sentencing under this subsection (b), a prior conviction for an alcohol-related offense may be used to enhance the mandatory minimum sentence regardless of whether it occurred before or after July 1, 2015, as long as the violation of this section occurs on or after July 1, 2015.
- (c) Upon the conviction of a person for the first offense of vehicular assault, the court shall prohibit the convicted person from driving a vehicle or operating a vessel subject to registration in this state for a period of one (1) year. For the second such conviction, the court shall prohibit the convicted person from driving a vehicle or operating a vessel subject to registration in this state for a period of two (2) years. For the third such conviction, the court shall prohibit the convicted person from driving a vehicle or operating a vessel subject to registration in this state for a period of three (3) years. For fourth and subsequent convictions, the court shall prohibit the person from driving a vehicle or operating a vessel subject to registration in this state for a period of five (5) years.
History (6)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1030, § 14
- 1999, ch. 368, § 1
- 2013, ch. 154, § 49
- 2015, ch. 125, § 2
- 2021, ch. 434, § 3.
§ 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.
History (4)
- Acts 1989, ch. 591, § 1
- 2011, ch. 408, § 1
- 2012, ch. 1006, §§ 3, 4
- 2014, ch. 820, §§ 1, 2.
§ 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.
§ 39-13-109. Criminal exposure to HIV, HBV, HCV — Defenses — Penalty. - (a) A person commits the offense of criminal exposure of another to human immunodeficiency virus (HIV), to hepatitis B virus (HBV), or to hepatitis C virus (HCV) when, knowing that the person is infected with HIV, with HBV, or with HCV, the person knowingly:
- (1) Engages in intimate contact with another;
- (2) Transfers, donates, or provides blood, tissue, semen, organs, or other potentially infectious body fluids or parts for transfusion, transplantation, insemination, or other administration to another in any manner that presents a significant risk of HIV, HBV or HCV transmission; or
- (3) Dispenses, delivers, exchanges, sells, or in any other way transfers to another any nonsterile intravenous or intramuscular drug paraphernalia.
- (b) As used in this section:
- (1) “HIV” means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome;
- (2) “Intimate contact with another” means the exposure of the body of one person to a bodily fluid of another person in any manner that presents a significant risk of HIV, HBV or HCV transmission; and
- (3) “Intravenous or intramuscular drug paraphernalia” means any equipment, product, or material of any kind that is peculiar to and marketed for use in injecting a substance into the human body.
- (c)
- (1) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the person exposed to HIV knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and gave advance consent to the action with that knowledge.
- (2) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the person exposed to HBV knew that the infected person was infected with HBV, knew that the action could result in infection with HBV, and gave advance consent to the action with that knowledge.
- (3) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the person exposed to HCV knew that the infected person was infected with HCV, knew that the action could result in infection with HCV, and gave advance consent to the action with that knowledge.
- (d)
- (1) Nothing in this section shall be construed to require the actual transmission of HIV in order for a person to have committed the offense of criminal exposure of another to HIV.
- (2) Nothing in this section shall be construed to require the actual transmission of HBV in order for a person to have committed the offense of criminal exposure to HBV.
- (3) Nothing in this section shall be construed to require the actual transmission of HCV in order for a person to have committed the offense of criminal exposure to HCV.
- (e)
- (1) Criminal exposure of another to HIV is a Class C felony.
- (2) Criminal exposure of another to HBV or HCV is a Class A misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), restitution to the victim or victims, or both a fine and restitution. The clerk shall transmit all money collected from a fine imposed for a violation of this section to the criminal injuries compensation fund created pursuant to § 40-24-107. In addition, a victim of criminal exposure HBV or HCV may maintain an action for the expenses and the actual loss of service resulting from such exposure.
History (2)
- Acts 1994, ch. 952, § 2
- 2011, ch. 185, §§ 1-7.
§ 39-13-110. Female genital mutilation. - (a) As used in this section:
- (1) “Facilitate” means raising, soliciting, collecting, or providing material support or resources with intent that such will be used, in whole or in part, to plan, prepare, carry out, or aid in any act of female genital mutilation or hindering the prosecution of an act of female genital mutilation or the concealment of an act of female genital mutilation;
- (2) “Female genital mutilation,” “mutilate,” or “mutilation” means:
- (A) The excision, infibulation or circumcision, in whole or in part, of the labia majora, labia minora, or clitoris of another;
- (B) The narrowing of the vaginal opening through the creation of a covering seal formed by cutting and repositioning the inner or outer labia, with or without the removal of the clitoris; or
- (C) Any harmful procedure to the genitalia, including pricking, piercing, incising, scraping, or cauterizing; provided, however, that body piercing, pursuant to title 62, chapter 38, part 3, when performed on a consenting adult, is not female genital mutilation;
- (3) “Hindering the prosecution of female genital mutilation” includes, but is not limited to, the following:
- (A) Harboring or concealing a person who is known or believed by the facilitator to be planning to commit an act of female genital mutilation;
- (B) Warning a person who is known or believed by the facilitator to be planning to commit an act of female genital mutilation of impending discovery or apprehension; or
- (C) Suppressing any physical evidence that might aid in the discovery or apprehension of a person who is known or believed by the facilitator to be planning to commit an act of female genital mutilation; and
- (4) “Material support or resources” means currency or other financial securities, financial services, instruments of value, lodging, training, false documentation or identification, medical equipment, computer equipment, software, facilities, personnel, transportation, and other physical assets.
- (b) It is an offense for a person to:
- (1) Knowingly mutilate a female;
- (2) Knowingly facilitate the mutilation of a female; or
- (3) Knowingly transport or facilitate the transportation of a female for the purpose of mutilation.
- (c) A violation of subsection (b) is a Class D felony.
- (d) It shall not be a defense to prosecution for a violation of subsection (b) that a female genital mutilation procedure is:
- (1) Required as a matter of belief, custom, or ritual;
- (2) Consented to by the minor on whom the procedure is performed; or
- (3) Consented to by the parent or legal guardian of the minor on whom the procedure is performed.
- (e) A procedure is not a violation of subsection (b) if the procedure is:
- (1) Necessary to the physical health of the person on whom the procedure is performed;
- (2) Performed on a person who is in labor or who has just given birth for medical purposes connected with that labor or birth; or
- (3) Cosmetic rejuvenation and reconstruction in accordance with the standards of the American college of obstetrics and gynecology.
- (f) Any physician, physician in training, certified nurse or midwife, or any other medical professional who performs, participates in, or facilitates a female genital mutilation procedure that does not fall under an exception listed in subsection (e) shall, in addition to the criminal penalties under this section, be subject to disciplinary action by the appropriate licensing board.
- (g) Nothing in this section prohibits prosecution under any other law.
- (h) All property, including money, used in the course of, intended for use in the course of, derived from, or realized through, conduct in violation of subsection (b) is subject to civil forfeiture in accordance with §§ 39-11-701 — 39-11-717.
- (i)
- (1) A victim of female genital mutilation may bring an action under this subsection (i) against a person or an entity who:
- (A) Knowingly mutilated or attempted to mutilate the victim;
- (B) Knowingly facilitated the victim's mutilation; or
- (C) Knowingly transported or facilitated the victim's transportation outside of this state for the purpose of mutilation.
- (2) In an action under this subsection (i), the court may award all of the following:
- (A) Damages, including, but not limited to, damages or loss due to pain, suffering, inconvenience, physical impairment, physical disfigurement, loss of society and companionship, and loss of consortium;
- (B) Two (2) times the amount of damages sustained; and
- (C) Reasonable attorney's fees and costs.
- (3) If the victim is a minor whose legal guardian is alleged to have committed or facilitated the female genital mutilation, then a court may appoint a guardian ad litem to represent the minor.
- (j) Any person or entity who knowingly commits an act of female genital mutilation, knowingly facilitates an act of female genital mutilation, or intentionally coerces, induces, or solicits a person who commits an act of female genital mutilation, shall be liable jointly and severally for all damages, attorney's fees, and costs awarded under subsection (i).
- (k)
- (1) Notwithstanding § 28-3-104, a victim of female genital mutilation may commence an action under this section to recover damages sustained because of the female genital mutilation at any time prior to five (5) years after the commission of the act of female genital mutilation or, if the victim was a child at the time of the act, before the victim reaches twenty-one (21) years of age, whichever occurs later.
- (2) If a criminal prosecution under this section proceeds against any person who committed the act of female genital mutilation, facilitated the actions of the person who committed the act of female genital mutilation, or coerced, induced, or solicited the person who committed the act of female genital mutilation, the running of the period shall be suspended during the pendency of such prosecution.
- (l) A final judgment or decree rendered in favor of the state in any criminal proceeding under this section shall preclude the defendant from denying the essential facts established in that proceeding in any subsequent civil action pursuant to chapter 268 of the Public Acts of 2019.
History (2)
- Acts 1996, ch. 857, § 2
- 2019, ch. 268, § 1.
§ 39-13-111. Domestic assault. - (a) As used in this section, “domestic abuse victim” means any person who falls within the following categories:
- (1) Adults or minors who are current or former spouses;
- (2) Adults or minors who live together or who have lived together;
- (3) Adults or minors who are dating or who have dated or who have or had a sexual relationship, but does not include fraternization between two (2) individuals in a business or social context;
- (4) Adults or minors related by blood or adoption;
- (5) Adults or minors who are related or were formerly related by marriage; or
- (6) Adult or minor children of a person in a relationship that is described in subdivisions (a)(1)-(5).
- (b) A person commits domestic assault who commits an assault as defined in § 39-13-101 against a domestic abuse victim.
- (c)
- (1) A first conviction for domestic assault and a second or subsequent conviction for domestic assault committed in a manner prohibited by § 39-13-101(a)(2) and (a)(3) is punishable the same as assault under § 39-13-101, and additionally, as provided in subdivisions (c)(2) and (c)(3) and subsections (d) and (e) of this section.
- (2) A second conviction for domestic assault committed in a manner prohibited by § 39-13-101(a)(1) is punishable by a fine of not less than three hundred fifty dollars ($350) nor more than three thousand five hundred dollars ($3,500), and by confinement in the county jail or workhouse for not less than thirty (30) consecutive days, nor more than eleven (11) months and twenty-nine (29) days.
- (3) A third or subsequent conviction for domestic assault, under § 39-13-101(a)(1), is a Class E felony. The defendant must be sentenced to mandatory confinement of not less than ninety (90) consecutive days in the county jail or workhouse. The defendant must pay a fine of not less than one thousand one hundred dollars ($1,100) nor more than five thousand dollars ($5,000).
- (4) For purposes of this section, a person who is convicted of a violation of § 39-13-111 committed in a manner prohibited by § 39-13-101(a)(1), shall not be subject to the enhanced penalties prescribed in this subsection (c), if ten (10) or more years have elapsed between the date of the present violation and the date of any immediately preceding violation of § 39-13-111, committed in a manner prohibited by § 39-13-101(a)(1), that resulted in a conviction for such offense.
- (5) In addition to any other punishment that may be imposed for a violation of this section, if, as determined by the court, the defendant possesses the ability to pay a fine in an amount not in excess of two hundred twenty-five dollars ($225), then the court shall impose a fine at the level of the defendant's ability to pay, but not in excess of two hundred twenty-five dollars ($225). 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. This appropriation shall be in addition to any amount appropriated pursuant to § 67-4-411.
- (6) If a defendant pleads guilty or is found guilty of a domestic violence offense, as defined by this section or in § 40-14-109, the judge shall immediately order that the defendant:
- (A) Terminate physical possession of all firearms in the defendant's possession within forty-eight (48) hours of the conviction by any lawful means, such as transferring possession to a third party who is not prohibited from possessing firearms; and
- (B)
- (i) Complete an affidavit of firearms dispossession form and return it to the court in which the defendant was convicted when all firearms have been lawfully dispossessed as required by subdivision (c)(6)(A);
- (ii) The defendant may obtain the affidavit of dispossession from the court or court clerk or the defendant may be directed to obtain a copy from the website of the administrative office of the courts.
- (7) In addition to all other fines, fees, costs, and punishments now prescribed by law, the court shall assess each person convicted of domestic assault an electronic monitoring indigency fee of ten dollars ($10.00). All proceeds collected pursuant to this subdivision (c)(7) shall be transmitted to the treasurer for deposit in the electronic monitoring indigency fund, established in § 55-10-419.
- (d) As part of a defendant's alternative sentencing for a violation of this section, the sentencing judge may direct the defendant to complete a drug or alcohol treatment program or available counseling programs that address violence and control issues including, but not limited to, a batterer's intervention program that has been certified by the domestic violence state coordinating council. Completion of a noncertified batterer's intervention program shall only be ordered if no certified program is available in the sentencing county. No batterer's intervention program, certified or noncertified, shall be deemed complete until the full term of the program is complete, and a judge may not require a defendant to attend less than the full term of a program as part of a plea agreement or otherwise. The defendant's knowing failure to complete such an intervention program shall be considered a violation of the defendant's alternative sentence program and the sentencing judge may revoke the defendant's participation in such program and order execution of sentence.
- (e) A person convicted of a violation under this section shall be required to serve at least the minimum sentence day for day. All persons sentenced under this section shall, in addition to service of at least the minimum sentence, be required to serve the difference between the time actually served and the maximum sentence on supervised probation.
- (f) A person convicted of a violation of this section involving strangulation or attempted strangulation shall be punished by a mandatory minimum sentence of thirty (30) days incarceration, which includes participation in programming that is evidence-based for domestic violence.
History (14)
- Acts 2000, ch. 824, § 1
- 2002, ch. 649, § 3
- 2008, ch. 744, § 1
- 2009, ch. 455, § 4
- 2010, ch. 1061, §§ 1, 2
- 2012, ch. 931, § 1
- 2012, ch. 987, § 1
- 2014, ch. 693, §§ 1-4
- 2016, ch. 906, § 4
- 2017, ch. 127, § 2
- 2018, ch. 596, § 1
- 2018, ch. 1046, § 2
- 2023, ch. 440, § 1
- 2024, ch. 987, § 2.
§ 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.
§ 39-13-113. Violation of an order of protection or restraining order — Violation of no contact order. - (a) It is an offense to knowingly violate:
- (1) An order of protection issued pursuant to title 36, chapter 3, part 6; or
- (2) A restraining order issued to a victim as defined in § 36-3-601.
- (b) A person violating this section may be arrested with or without a warrant as provided in § 36-3-611, and the arrest shall be conducted in accordance with the requirements of § 36-3-619.
- (c) A person who is arrested for a violation of this section shall be considered within the provisions of § 40-11-150(a) and subject to the twelve-hour holding period authorized by § 40-11-150(h).
- (d) After a person has been arrested for a violation of this section, the arresting officer shall inform the victim that the person has been arrested and that the person may be eligible to post bond for the offense and be released until the date of trial for the offense.
- (e) Neither an arrest nor the issuance of a warrant or capias for a violation of this section in any way affects the validity or enforceability of any order of protection, restraining order, or no contact order.
- (f) In order to constitute a violation of subsection (a):
- (1) The person must have received notice of the request for an order of protection or restraining order;
- (2) The person must have had an opportunity to appear and be heard in connection with the order of protection or restraining order; and
- (3) The court made specific findings of fact in the order of protection or restraining order that the person committed domestic abuse, sexual assault, or stalking as defined in § 36-3-601 or was convicted of a felony offense under chapter 13, part 1, 2, 3, or 5 of this title.
- (g) A violation of subsection (a) is a Class A misdemeanor. Notwithstanding § 40-35-111(e)(1), a violation of subsection (a) is punishable by a fine of not less than one hundred dollars ($100) nor more than two thousand five hundred dollars ($2,500), and any sentence of incarceration imposed shall be served consecutively to the sentence for any other offense that is based in whole or in part on the same factual allegations. However, the sentencing judge or magistrate may specifically order the sentences for the offenses arising out of the same facts to be served concurrently.
- (h)
- (1) It is an offense and a violation of an order of protection for a person to knowingly possess a firearm while an order of protection that fully complies with 18 U.S.C. § 922(g)(8) is entered against that person and in effect, or any successive order of protection containing the language of § 36-3-606(f) and that fully complies with 18 U.S.C. § 922(g)(8) is entered against that person and in effect.
- (2) For purposes of this subsection (h), the determination of whether a person possesses firearms shall be based upon the factors set out in § 36-3-625(f) if the firearms constitute the business inventory or are subject to the National Firearms Act, (26 U.S.C. § 5801 et seq.).
- (3) A violation of this subsection (h) is a Class A misdemeanor and each violation constitutes a separate offense.
- (4) If a violation of subsection (h) also constitutes a violation of § 36-3-625(h) or § 39-17-1307(f), the respondent may be charged and convicted under any or all such sections.
- (i)
- (1) It is an offense to knowingly violate a no contact order, issued prior to a defendant's release on bond, following the defendant's arrest for any criminal offense defined in this chapter, in which the alleged victim of the offense is a domestic abuse victim as defined in § 36-3-601.
- (2) A violation of subdivision (i)(1) is a Class A misdemeanor. A sentence imposed must be served consecutively to the sentence for the offense for which the defendant was originally arrested, unless the sentencing judge or magistrate specifically orders the sentences for the offenses to be served concurrently.
History (6)
- Acts 2006, ch. 920, § 1
- 2008, ch. 902, § 1
- 2009, ch. 455, § 5
- 2019, ch. 393, §§ 2-5
- 2019, ch. 422, § 1
- 2021, ch. 60, § 5.
§ 39-13-114. Communicating a threat concerning a school employee or student. - (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.
History (3)
- Acts 2008, ch. 1141, § 1
- 2013, ch. 473, § 10
- 2024, ch. 903, § 1.
§ 39-13-115. Aggravated vehicular assault. - (a) As used in this section, “prior conviction” means an offense for which the person was convicted prior to the aggravated vehicular assault charge. This definition includes prior convictions from this state or any other state, district, or territory of the United States within the last twenty (20) years.
- (b) A person commits aggravated vehicular assault who:
- (1)
- (A) Commits vehicular assault, as defined in § 39-13-106; and
- (B)
- (i) Has two (2) or more prior convictions for driving under the influence of an intoxicant, as defined in § 55-10-401, or boating under the influence, as defined in § 69-9-217(a); or
- (ii) Has one (1) or more prior convictions for:
- (a) Vehicular assault;
- (b) Vehicular homicide, as defined in § 39-13-213(a)(2); or
- (c) Aggravated vehicular homicide, as defined in § 39-13-218; or
- (2)
- (A) Had an alcohol concentration in the person's blood or breath of twenty-hundredths of one percent (0.20%) or more at the time of the offense; and
- (B) Has one (1) prior conviction for driving under the influence of an intoxicant, as defined in § 55-10-401, or boating under the influence, as defined in § 69-9-217(a).
- (c) The indictment, in a separate count, shall specify, charge, and give notice of the required prior conviction or convictions. If the person is convicted of vehicular assault under § 39-13-106, the trier-of-fact shall separately consider whether the person has the required aggravating factors necessary to commit aggravated vehicular assault.
- (d) For the purpose of determining if a person has sufficient aggravating factors to qualify for aggravated vehicular assault, applicable prior convictions occurring prior to July 1, 2015, may be used; provided, that the conduct constituting aggravated vehicular assault occurs on or after July 1, 2015.
- (e) A violation of this section is a Class C felony, and there shall additionally be imposed a fine of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000).
- (f) Upon conviction for aggravated vehicular assault, the court shall prohibit the convicted person from driving a vehicle or operating a vessel subject to registration in this state pursuant to § 39-13-106(c).
History (3)
- Acts 2015, ch. 477, § 1
- 2019, ch. 486, §§ 1, 2
- 2021, ch. 434, §§ 4, 5.
§ 39-13-116. Assault against law enforcement officer, first responder or nurse — “Law enforcement officer”, “first responder” and “nurse” defined — Penalties. - (a) A person commits assault against a law enforcement officer, first responder, or nurse, who is discharging or attempting to discharge the law enforcement officer's, first responder's, or nurse's official duties, who:
- (1) Knowingly causes bodily injury to a law enforcement officer, first responder, or nurse; or
- (2) Knowingly causes physical contact with a law enforcement officer, first responder, or nurse 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 a law enforcement officer, first responder, or nurse.
- (b) A person commits aggravated assault against a law enforcement officer, first responder, or nurse, who is discharging or attempting to discharge the law enforcement officer's, first responder's, or nurse's official duties, who knowingly commits an assault under subsection (a), and the assault:
- (1) Results in serious bodily injury to the law enforcement officer, first responder, or nurse;
- (2) Results in the death of the law enforcement officer, first responder, or nurse;
- (3) Involved the use or display of a deadly weapon; or
- (4) Involved strangulation or attempted strangulation.
- (c)
- (1)
- (A) Assault against a law enforcement officer under subsection (a) is a Class E felony, and shall be punished by a mandatory fine of ten thousand dollars ($10,000) and a mandatory minimum sentence of sixty (60) days incarceration. The defendant is not eligible for release from confinement until the defendant has served the entire sixty-day mandatory minimum sentence.
- (B) Assault against a first responder or nurse 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 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) For purposes of this section:
- (1) “First responder” means a firefighter, emergency services personnel, or other person who responds to calls for emergency assistance from a 911 call, but does not include a law enforcement officer;
- (2) “Law enforcement officer” includes, but is not limited to, a POST-certified law enforcement officer, capitol police officer, Tennessee highway patrol officer, Tennessee bureau of investigation agent, Tennessee wildlife resources agency officer, deputy jailer, or park ranger employed by the division of parks and recreation in the department of environment and conservation; and
- (3) “Nurse” means a person who is licensed, registered, or certificated under title 63, chapter 7.
History (4)
- Acts 2020 (2nd Ex. Sess.), ch. 3, § 2
- 2021, ch. 458, § 1
- 2023, ch. 365, § 2
- 2024, ch. 976, §§ 1-5.
§ 39-13-117. Grave torture. - (a) Grave torture is the infliction of severe physical and mental pain and suffering upon the victim with the intent to perpetrate first degree murder, in violation of § 39-13-202, and accompanied by three (3) or more of the following:
- (1) The defendant also commits against the victim the offense of especially aggravated rape, as defined in § 39-13-534; aggravated rape, as defined in § 39-13-502; especially aggravated rape of a child, as defined in § 39-13-535; or aggravated rape of a child, as defined in § 39-13-531;
- (2) The defendant also commits the offense of kidnapping, as defined in § 39-13-303, or false imprisonment, as defined in § 39-13-302, against the victim;
- (3) The defendant has, at the time of the commission of the offense, more than one (1) prior conviction for a sexual offense or a violent sexual offense, as those terms are defined in § 40-39-202;
- (4) The defendant mutilates the victim during the commission of the offense;
- (5) Force or coercion is used to accomplish the act, and the defendant is armed with a weapon or an article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon;
- (6) The defendant's commission of the offense involved more than one (1) victim; or
- (7) The defendant knows or has reason to know that the victim is:
- (A) Mentally defective;
- (B) Mentally incapacitated;
- (C) Physically helpless; or
- (D) A vulnerable adult, as defined in § 39-15-501.
- (b) Grave torture is a Class A felony and shall be punished as follows:
- (1) If the defendant was a juvenile at the time of the commission of the offense, then the sentence must be from Range III, as set forth in title 40, chapter 35; and
- (2) If the defendant was an adult at the time of the commission of the offense, then the defendant shall be punished by:
- (A) Imprisonment for life without possibility of parole; or
- (B) Death; provided, that a punishment of death shall not be imposed until at least the thirtieth day following the occurrence of either of the following circumstances:
- (i) The issuance of the judgment in a decision of the United States supreme court overruling, in whole or in relevant part, Kennedy v. Louisiana, 554 U.S. 407 (2008), thereby allowing the use of the death penalty as punishment for an offense involving the infliction of severe physical and mental pain and suffering upon the victim with the intent to perpetrate first degree murder that does not result in the death of the victim; or
- (ii) The ratification of an amendment to the Constitution of the United States approving the use of the death penalty as punishment for the conviction of an offense involving the infliction of severe physical and mental pain and suffering upon the victim with the intent to perpetrate first degree murder that does not result in the death of the victim.
- (c) A person may not be convicted of both a violation of this section and a violation of § 39-13-534, § 39-13-535, § 39-13-502, or § 39-13-531 if the facts supporting the prosecution arise out of the same criminal conduct.
History (1)
- Acts 2022, ch. 1062, § 3.
§ 39-13-118. Assault within a healthcare facility — Penalties. - (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.
§ 39-13-119. Assault against a participant in judicial proceeding — Section definitions — Penalty. - (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.
History (1)
- Acts 2024, ch. 1045, § 1.
Part 2 Criminal Homicide § 39-13-201. Criminal homicide. - Criminal homicide is the unlawful killing of another person, which may be first degree murder, second degree murder, voluntary manslaughter, criminally negligent homicide or vehicular homicide.
History (3)
- Acts 1989, ch. 591, § 1
- 1991, ch. 377, § 1
- 1995, ch. 460, § 3.
§ 39-13-202. First degree murder. - (a) First degree murder is:
- (1) A premeditated and intentional killing of another;
- (2) A killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, arson, robbery, burglary, theft, kidnapping, aggravated abuse of an elderly or vulnerable adult in violation of § 39-15-511, aggravated neglect of an elderly or vulnerable adult in violation of § 39-15-508, aggravated child abuse, aggravated child neglect, or aircraft piracy;
- (3) A killing of another committed as the result of the unlawful throwing, placing, or discharging of a destructive device or bomb;
- (4) A killing of another in the perpetration or attempted perpetration of an act of terrorism in violation of § 39-13-805; or
- (5) A killing of another in the perpetration or attempted perpetration of an aggravated rape, rape, rape of a child, or aggravated rape of child.
- (b) No culpable mental state is required for conviction under subdivisions (a)(2)-(5), except the intent to commit the enumerated offenses or acts in those subdivisions.
- (c)
- (1) Except as provided in subdivision (c)(2), a person convicted of first degree murder under subdivisions (a)(1)-(5) shall be punished by:
- (A) Death;
- (B) Imprisonment for life without possibility of parole; or
- (C) Imprisonment for life.
- (2) If a person convicted of first degree murder under subdivisions (a)(4) and (5) was an adult at the time of commission of the offense, then the person shall be punished by:
- (A) Death; or
- (B) Imprisonment for life without possibility of parole.
- (d) Notwithstanding § 39-12-107, a person convicted of attempted first degree murder may be sentenced to imprisonment for life without possibility of parole if the court finds the person committed the offense against any law enforcement officer, correctional officer, department of correction employee, probation and parole officer, emergency medical or rescue worker, emergency medical technician, paramedic, or firefighter, who was engaged in the performance of official duties, and the person knew or reasonably should have known that the victim was a law enforcement officer, correctional officer, department of correction employee, probation and parole officer, emergency medical or rescue worker, emergency medical technician, paramedic, or firefighter engaged in the performance of official duties.
- (e) As used in subdivision (a)(1), “premeditation” is an act done after the exercise of reflection and judgment. “Premeditation” means that the intent to kill must have been formed prior to the act itself. It is not necessary that the purpose to kill preexist in the mind of the accused for any definite period of time. The mental state of the accused at the time the accused allegedly decided to kill must be carefully considered in order to determine whether the accused was sufficiently free from excitement and passion as to be capable of premeditation.
History (15)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1030, § 15
- 1991, ch. 377, § 2
- 1993, ch. 338, § 1
- 1993, ch. 473, § 1
- 1994, ch. 883, § 1
- 1995, ch. 460, § 1
- 1998, ch. 1040, § 3
- 2002, ch. 849, § 2a
- 2007, ch. 158, § 2
- 2018, ch. 1050, § 6
- 2021, ch. 394, § 1
- 2021, ch. 500, § 2
- 2021, ch. 528, §§ 1-4
- 2022, ch. 718, §§ 1-4.
§ 39-13-203. Intellectually disabled defendants — Death sentence prohibited. - (a) As used in this section, “intellectual disability” means:
- (1) Significantly subaverage general intellectual functioning;
- (2) Deficits in adaptive behavior; and
- (3) The intellectual disability must have manifested during the developmental period, or by eighteen (18) years of age.
- (b) Notwithstanding another law to the contrary, a defendant with intellectual disability at the time of committing an offense shall not be sentenced to death for the offense.
- (c) The burden of production and persuasion to demonstrate intellectual disability by a preponderance of the evidence is upon the defendant. The determination of whether the defendant had intellectual disability at the time of the offense shall be made by the court.
- (d) If the court determines that the defendant was a person with intellectual disability at the time of the offense, and if the trier of fact finds the defendant guilty of an offense punishable by death, and if the district attorney general has filed notice of intention to ask for the sentence of imprisonment for life without possibility of parole as provided in § 39-13-208(b), the jury shall fix the punishment in a separate sentencing proceeding to determine whether the defendant shall be sentenced to imprisonment for life without possibility of parole or imprisonment for life. Section 39-13-207 shall govern the sentencing proceeding.
- (e) If the issue of intellectual disability is raised at trial and the court determines that the defendant is not a person with intellectual disability, the defendant shall be entitled to offer evidence to the trier of fact of diminished intellectual capacity as a mitigating circumstance pursuant to § 39-13-204(j)(8).
- (f) The determination by the trier of fact that the defendant does not have intellectual disability shall not be appealable by interlocutory appeal, but may be a basis of appeal by either the state or defendant following the sentencing stage of the trial.
- (g)
- (1) A defendant who has been sentenced to the death penalty prior to April 28, 2023 and whose conviction is final on direct review may petition the trial court for a determination of whether the defendant is intellectually disabled. The motion must set forth a colorable claim that the defendant is ineligible for the death penalty due to intellectual disability. A defendant filing a motion under this subsection (g) shall serve the attorney general and reporter, who will represent the state. Either party may appeal the trial court's decision in accordance with Rule 3 of the Tennessee Rules of Appellate Procedure.
- (2) A defendant shall not file a motion under subdivision (g)(1) if the issue of whether the defendant has an intellectual disability has been previously adjudicated on the merits.
- (3) If an order is issued requiring a determination under subdivision (g)(1) to be paid on behalf of a petitioner pursuant to this part, then the payment must be made from funding provided for indigent defendants' counsel as set forth within the annual appropriations act. The payment must be made only after receipt by the administrative director of the courts of a certified copy of the order and only upon receipt of a bill from the expert. The bill must set forth the name of the petitioner, the amount of the bill, and the name and address of the expert to which payment is to be made.
History (7)
- Acts 1990, ch. 1038, §§ 1, 2
- 1993, ch. 473, § 10
- 2010, ch. 734, §§ 1-3
- 2021, ch. 399, §§ 1, 2
- 2023, ch. 182, § 4
- 2023, ch. 255, § 1
- 2024, ch. 951, §§ 4-6.
§ 39-13-204. Sentencing for offenses punishable by death. [Effective until contingency is met. See the second version effective when contingency is met and Compiler's Notes.] - (a) Upon a trial for an offense punishable by death, should the jury find the defendant guilty of an offense punishable by death, it shall not fix punishment as part of the verdict, but the jury shall fix the punishment in a separate sentencing hearing to determine whether the defendant shall be sentenced to death, to imprisonment for life without possibility of parole, or to imprisonment for life. The separate sentencing hearing shall be conducted as soon as practicable before the same jury that determined guilt, subject to the provisions of subsection (k) relating to certain retrials on punishment.
- (b) In the sentencing proceeding, the attorney for the state shall be allowed to make an opening statement to the jury and then the attorney for the defendant shall also be allowed such statement; provided, that the waiver of opening statement by one party shall not preclude the opening statement by the other party.
- (c) In the sentencing proceeding, evidence may be presented as to any matter that the court deems relevant to the punishment, and may include, but not be limited to, the nature and circumstances of the crime; the defendant's character, background history, and physical condition; any evidence tending to establish or rebut the aggravating circumstances enumerated in subsection (i); and any evidence tending to establish or rebut any mitigating factors. Any such evidence that the court deems to have probative value on the issue of punishment may be received, regardless of its admissibility under the rules of evidence; provided, that the defendant is accorded a fair opportunity to rebut any hearsay statements so admitted. However, this subsection (c) shall not be construed to authorize the introduction of any evidence secured in violation of the constitution of the United States or the constitution of Tennessee. In all cases where the state relies upon the aggravating factor that the defendant was previously convicted of one (1) or more felonies, other than the present charge, whose statutory elements involve the use of violence to the person, either party shall be permitted to introduce evidence concerning the facts and circumstances of the prior conviction. Such evidence shall not be construed to pose a danger of creating unfair prejudice, confusing the issues, or misleading the jury and shall not be subject to exclusion on the ground that the probative value of the evidence is outweighed by prejudice to either party. Such evidence shall be used by the jury in determining the weight to be accorded the aggravating factor. The court shall permit a member or members, or a representative or representatives of the victim's family to testify at the sentencing hearing about the victim and about the impact of the offense on the family of the victim and other relevant persons. The evidence may be considered by the jury in determining which sentence to impose. The court shall permit members or representatives of the victim's family to attend the trial, and those persons shall not be excluded because the person or persons shall testify during the sentencing proceeding as to the impact of the offense.
- (d) In the sentencing proceeding, the state shall be allowed to make a closing argument to the jury; and then the attorney for the defendant shall also be allowed such argument, with the state having the right of closing.
- (e)
- (1) After closing arguments in the sentencing hearing, the trial judge shall include instructions for the jury to weigh and consider any of the statutory aggravating circumstances set forth in subsection (i), which may be raised by the evidence at either the guilt or sentencing hearing, or both. The trial judge shall also include instructions for the jury to weigh and consider any mitigating circumstances raised by the evidence at either the guilt or sentencing hearing, or both, which shall include, but not be limited to, those circumstances set forth in subsection (j). These instructions and the manner of arriving at a sentence shall be given in the oral charge and in writing to the jury for its deliberations. However, a reviewing court shall not set aside a sentence of death or of imprisonment for life without the possibility of parole on the ground that the trial court did not specifically instruct the jury as to a requested mitigating factor that is not enumerated in subsection (j).
- (2) The trial judge shall provide the jury separate verdict forms, as specified by subdivisions (f)(1), (f)(2), and (g)(2)(B). If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(1) or rape of a child, then the jury shall be instructed that a defendant who receives a sentence of imprisonment for life shall not be eligible for parole consideration until the defendant has served at least fifty-one (51) full calendar years of the sentence. The jury shall also be instructed that a defendant who receives a sentence of imprisonment for life without possibility of parole shall never be eligible for release on parole.
- (f)
- (1) If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(1) or rape of a child and the jury unanimously determines that no statutory aggravating circumstance has been proven by the state beyond a reasonable doubt, the sentence shall be imprisonment for life. The jury shall then return its verdict to the judge upon a form provided by the court, which may appear substantially as follows:
- PUNISHMENT OF IMPRISONMENT FOR LIFE
- We, the jury, unanimously determine that no statutory aggravating circumstance has been proven by the state beyond a reasonable doubt. We, the jury, therefore find that the sentence shall be imprisonment for life.
-
- (2)
- (A) Except as provided in subdivision (f)(2)(B), if the jury unanimously determines that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that such circumstance or circumstances have not been proven by the state to outweigh any mitigating circumstance or circumstances beyond a reasonable doubt, the jury shall, in its considered discretion, sentence the defendant either to imprisonment for life without possibility of parole or to imprisonment for life. The trial judge shall instruct the jury that, in choosing between the sentences of imprisonment for life without possibility of parole and imprisonment for life, the jury shall weigh and consider the statutory aggravating circumstance or circumstances proven by the state beyond a reasonable doubt and any mitigating circumstance or circumstances. In its verdict, the jury shall specify the statutory aggravating circumstance or circumstances proven by the state beyond a reasonable doubt and shall return its verdict to the judge upon a form provided by the court, which may appear substantially as follows:
- PUNISHMENT OF IMPRISONMENT FOR LIFE WITHOUT POSSIBILITY OF PAROLE OR IMPRISONMENT FOR LIFE
- We, the jury, unanimously find that the state has proven the following listed statutory aggravating circumstance or circumstances beyond a reasonable doubt:
- [Here list the statutory aggravating circumstance or circumstances so found.]
- We, the jury, unanimously find that such statutory aggravating circumstance or circumstances do not outweigh any mitigating circumstance or circumstances beyond a reasonable doubt; therefore:
- CHECK ONE (1) BOX ONLY
- [ ] We, the jury, unanimously agree that the defendant shall be sentenced to imprisonment for life without possibility of parole; or
- [ ] We, the jury, unanimously agree that the defendant shall be sentenced to imprisonment for life.
-
- (B)
- (i) If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(2) or aggravated rape of a child and the jury unanimously determines that no statutory aggravating circumstance has been proven by the state beyond a reasonable doubt, or that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that such circumstance or circumstances have not been proven by the state to outweigh any mitigating circumstance or circumstances beyond a reasonable doubt, then the sentence shall be imprisonment for life without possibility of parole.
- (ii) If imprisonment for life without possibility of parole is the sentence of the jury, then the jury shall reduce to writing the finding that no statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, or that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that such circumstance or circumstances have not been proven by the state to outweigh any mitigating circumstance or circumstances beyond a reasonable doubt.
- (iii) These findings and verdict must be returned to the judge upon a form provided by the court, which may appear substantially as follows:
- PUNISHMENT OF IMPRISONMENT FOR LIFE WITHOUT POSSIBILITY OF PAROLE
- [ ] We, the jury, unanimously agree that no statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt and that the defendant shall be sentenced to imprisonment for life without possibility of parole.
- [ ] We, the jury, unanimously agree that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that such circumstance or circumstances have not been proven by the state to outweigh any mitigating circumstance or circumstances beyond a reasonable doubt and that the defendant shall be sentenced to imprisonment for life without possibility of parole.
-
- (g)
- (1) The sentence shall be death, if the jury unanimously determines that:
- (A) At least one (1) statutory aggravating circumstance or several statutory aggravating circumstances have been proven by the state beyond a reasonable doubt; and
- (B) Such circumstance or circumstances have been proven by the state to outweigh any mitigating circumstances beyond a reasonable doubt.
- (2)
- (A) If the death penalty is the sentence of the jury, the jury shall:
- (i) Reduce to writing the statutory aggravating circumstance or statutory aggravating circumstances so found; and
- (ii) Signify that the state has proven beyond a reasonable doubt that the statutory aggravating circumstance or circumstances outweigh any mitigating circumstances.
- (B) These findings and verdict shall be returned to the judge upon a form provided by the court, which may appear substantially as follows:
- PUNISHMENT OF DEATH
- We, the jury, unanimously find the following listed statutory aggravating circumstance or circumstances:
- [Here list the statutory aggravating circumstance or circumstances so found.]
- We, the jury, unanimously find that the state has proven beyond a reasonable doubt that the statutory aggravating circumstance or circumstances outweigh any mitigating circumstances.
- Therefore, we, the jury, unanimously find that the punishment shall be death.
-
- (h)
- (1) Except as provided in subdivision (h)(2), if the jury cannot ultimately agree on punishment, the trial judge shall inquire of the foreperson of the jury whether the jury is divided over imposing a sentence of death. If the jury is divided over imposing a sentence of death, the judge shall instruct the jury that in further deliberations, the jury shall only consider the sentences of imprisonment for life without possibility of parole and imprisonment for life. If, after further deliberations, the jury still cannot agree as to sentence, the trial judge shall dismiss the jury and the judge shall impose a sentence of imprisonment for life. The judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on the effect of the jury's failure to agree on a punishment.
- (2) If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(2) or aggravated rape of a child, but the jury cannot ultimately agree on punishment, then the trial judge shall inquire of the foreperson of the jury whether the jury is divided over imposing a sentence of death. If the jury is divided over imposing a sentence of death, then the judge shall dismiss the jury and the judge shall impose a sentence of imprisonment for life without possibility of parole. The judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury on the effect of the jury’s failure to agree on a punishment.
- (i) Except as provided in subdivisions (f)(2)(B) and (h)(2), no death penalty or sentence of imprisonment for life without possibility of parole shall be imposed, except upon a unanimous finding that the state has proven beyond a reasonable doubt the existence of one (1) or more of the statutory aggravating circumstances, which are limited to the following:
- (1) The defendant committed murder against a person less than twelve (12) years of age and the defendant was eighteen (18) years of age or older;
- (2) The defendant was previously convicted of one (1) or more felonies, other than the present charge, whose statutory elements involve the use of violence to the person;
- (3) The defendant knowingly created a great risk of death to two (2) or more persons, other than the victim of the offense, during the offense;
- (4) The defendant committed the offense for remuneration or the promise of remuneration, or employed another to commit the offense for remuneration or the promise of remuneration;
- (5) The offense was especially heinous, atrocious, or cruel, in that it involved torture or serious physical abuse beyond that necessary to produce death;
- (6) The offense was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or prosecution of the defendant or another;
- (7) The offense was knowingly committed, solicited, directed, or aided by the defendant, while the defendant had a substantial role in committing or attempting to commit, or was fleeing after having a substantial role in committing or attempting to commit, any first degree murder, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child, aircraft piracy, or unlawful throwing, placing, or discharging of a destructive device or bomb;
- (8) The offense was committed by the defendant while the defendant was in lawful custody or in a place of lawful confinement or during the defendant's escape from lawful custody or from a place of lawful confinement;
- (9) The offense was committed against any law enforcement officer, corrections official, corrections employee, probation and parole officer, emergency medical or rescue worker, emergency medical technician, paramedic, or firefighter, who was engaged in the performance of official duties, and the defendant knew or reasonably should have known that the victim was a law enforcement officer, corrections official, corrections employee, probation and parole officer, emergency medical or rescue worker, emergency medical technician, paramedic, or firefighter engaged in the performance of official duties;
- (10) The offense was committed against any present or former judge, district attorney general or state attorney general, assistant district attorney general or assistant state attorney general, due to or because of the exercise of the victim's official duty or status and the defendant knew that the victim occupied such office;
- (11) The offense was committed against a national, state, or local popularly elected official, due to or because of the official's lawful duties or status, and the defendant knew that the victim was such an official;
- (12) The defendant committed “mass murder,” which is defined as the murder of three (3) or more persons, whether committed during a single criminal episode or at different times within a forty-eight-month period;
- (13) The defendant knowingly mutilated the body of the victim;
- (14) The victim of the offense was seventy (70) years of age or older; or the victim was particularly vulnerable due to a significant disability, whether mental or physical, and at the time of the offense, the defendant knew or reasonably should have known of such disability;
- (15) The offense was committed in the course of an act of terrorism;
- (16) The offense was committed against a pregnant woman, and the defendant intentionally committed the offense against the victim, knowing that she was pregnant;
- (17) The offense was committed at random and the reasons for the offense are not obvious or easily understood;
- (18) The defendant knowingly sold or distributed a substance containing fentanyl, carfentanil, or any other opiate listed in § 39-17-408(c) with the intent and premeditation to commit murder; or
- (19) The victim of the offense was acting as a Good Samaritan at the time of the offense and the defendant knew that the person was acting as a Good Samaritan. For purposes of this subdivision (i)(19), “Good Samaritan” means a person who helps, defends, protects, or renders emergency care to a person in need without compensation.
- (j) In arriving at the punishment, the jury shall consider, pursuant to this section, any mitigating circumstances, which shall include, but are not limited to, the following:
- (1) The defendant has no significant history of prior criminal activity;
- (2) The offense was committed while the defendant was under the influence of extreme mental or emotional disturbance;
- (3) The victim was a participant in the defendant's conduct or consented to the act;
- (4) The offense was committed under circumstances that the defendant reasonably believed to provide a moral justification for the defendant's conduct;
- (5) The defendant was an accomplice in the offense committed by another person and the defendant's participation was relatively minor;
- (6) The defendant acted under extreme duress or under the substantial domination of another person;
- (7) The youth or advanced age of the defendant at the time of the crime;
- (8) The capacity of the defendant to appreciate the wrongfulness of the defendant's conduct or to conform the defendant's conduct to the requirements of the law was substantially impaired as a result of mental disease or defect or intoxication, which was insufficient to establish a defense to the crime but which substantially affected the defendant's judgment; and
- (9) Any other mitigating factor that is raised by the evidence produced by either the prosecution or defense, at either the guilt or sentencing hearing.
- (k) Upon motion for a new trial, after a conviction for an offense that is punishable by death, if the court finds error in the trial determining guilt, a new trial on both guilt and sentencing shall be held; but if the court finds error alone in the trial determining punishment, a new trial on the issue of punishment alone shall be held by a new jury empaneled for that purpose. If the trial court, or any other court with jurisdiction to do so, orders that a defendant convicted of an offense that is punishable by death, whether the sentence is death, imprisonment for life without possibility of parole, or imprisonment for life, be granted a new trial, either as to guilt or punishment, or both, the new trial shall include the possible punishments of death, imprisonment for life without possibility of parole, or, unless the defendant is convicted of first degree murder as described in § 39-13-202(c)(2), or aggravated rape of a child, imprisonment for life.
- (l) If the jury has imposed a sentence of death, then the jury may determine whether the defendant's sentence must be expedited pursuant to this subsection (l), and, if the jury unanimously determines that an expediated sentence is required, return such findings to the judge upon a form provided by the court. A defendant's sentence may be expedited if the jury finds that:
- (1)
- (A) The offense involved the death of three (3) or more victims whom the defendant killed using one (1) or more deadly weapons;
- (B) The defendant committed the offense by using one (1) or more deadly weapons on the grounds of a public or private elementary, secondary, or postsecondary school; or
- (C) The defendant committed the offense by killing a first responder, as defined in § 39-13-116, who was acting in the course of the first responder's employment at the time of the offense; and
- (2) The evidence presented at trial proving the defendant's guilt was incontestable, which may include, but is not limited to:
- (A) Video evidence depicting the defendant committing the offense; or
- (B) Deoxyribonucleic acid evidence linking the defendant to the offense.
- (1) The defendant committed murder against a person less than twelve (12) years of age and the defendant was eighteen (18) years of age or older;
- (2) The defendant was previously convicted of one (1) or more felonies, other than the present charge, whose statutory elements involve the use of violence to the person;
- (3) The defendant knowingly created a great risk of death to two (2) or more persons, other than the victim of the offense, during the offense;
- (4) The defendant committed the offense for remuneration or the promise of remuneration, or employed another to commit the offense for remuneration or the promise of remuneration;
- (5) The offense was especially heinous, atrocious, or cruel, in that it involved torture or serious physical abuse beyond that necessary to produce death;
- (6) The offense was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or prosecution of the defendant or another;
- (7) The offense was knowingly committed, solicited, directed, or aided by the defendant, while the defendant had a substantial role in committing or attempting to commit, or was fleeing after having a substantial role in committing or attempting to commit, any an offense punishable by death, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child, aircraft piracy, or unlawful throwing, placing, or discharging of a destructive device or bomb;
- (8) The offense was committed by the defendant while the defendant was in lawful custody or in a place of lawful confinement or during the defendant's escape from lawful custody or from a place of lawful confinement;
- (9) The offense was committed against any law enforcement officer, corrections official, corrections employee, probation and parole officer, emergency medical or rescue worker, emergency medical technician, paramedic, or firefighter, who was engaged in the performance of official duties, and the defendant knew or reasonably should have known that the victim was a law enforcement officer, corrections official, corrections employee, probation and parole officer, emergency medical or rescue worker, emergency medical technician, paramedic, or firefighter engaged in the performance of official duties;
- (10) The offense was committed against any present or former judge, district attorney general or state attorney general, assistant district attorney general or assistant state attorney general, due to or because of the exercise of the victim's official duty or status and the defendant knew that the victim occupied such office;
- (11) The offense was committed against a national, state, or local popularly elected official, due to or because of the official's lawful duties or status, and the defendant knew that the victim was such an official;
- (12) The defendant committed “mass murder,” which is defined as the murder of three (3) or more persons, whether committed during a single criminal episode or at different times within a forty-eight-month period;
- (13) The defendant knowingly mutilated the body of the victim;
- (14) The victim of the offense was seventy (70) years of age or older; or the victim was particularly vulnerable due to a significant disability, whether mental or physical, and at the time of the offense, the defendant knew or reasonably should have known of such disability;
- (15) The offense was committed in the course of an act of terrorism;
- (16) The offense was committed against a pregnant woman, and the defendant intentionally committed the offense against the victim, knowing that she was pregnant;
- (17) The offense was committed at random and the reasons for the offense are not obvious or easily understood;
- (18) The defendant knowingly sold or distributed a substance containing fentanyl, carfentanil, or any other opiate listed in § 39-17-408(c) with the intent and premeditation to commit murder; or
- (19) The victim of the offense was acting as a Good Samaritan at the time of the offense and the defendant knew that the person was acting as a Good Samaritan. For purposes of this subdivision (i)(19), “Good Samaritan” means a person who helps, defends, protects, or renders emergency care to a person in need without compensation.
History (25)
- Acts 1989, ch. 591, § 1
- T.C.A., § 39-13-203
- Acts 1990, ch. 1038, § 3
- 1993, ch. 473, §§ 2, 4-6, 13, 14
- 1995, ch. 356, § 1
- 1995, ch. 377, § 1
- 1996, ch. 830, § 2
- 1997, ch. 139, § 1
- 1997, ch. 358, § 1
- 1997, ch. 491, § 1
- 1998, ch. 712, § 1
- 1998, ch. 915, § 1
- 1998, ch. 916, § 1
- 1999, ch. 504, § 1
- 2002, ch. 849, § 2b
- 2008, ch. 829, § 1
- 2009, ch. 582, § 1
- 2010, ch. 1058, § 1
- 2011, ch. 47, § 30
- 2011, ch. 489, § 1
- 2019, ch. 231, § 1
- 2021, ch. 215, § 2
- 2021, ch. 528, §§ 5-12
- 2023, ch. 375, § 1
- 2024, ch. 951, §§ 7, 9-11, 13, 15-17.
§ 39-13-204. Sentencing for offenses punishable by death. [Effective when contingency is met. See the version effective until contingency is met and Compiler's Notes.] - (a) Upon a trial for an offense punishable by death, if the jury finds the defendant guilty of an offense punishable by death, then the jury shall not fix punishment as part of the verdict, but the jury shall fix the punishment in a separate sentencing hearing to determine whether the defendant shall be sentenced to death, to imprisonment for life without possibility of parole, or, if applicable, to imprisonment for life. The separate sentencing hearing must be conducted as soon as practicable before the same jury that determined guilt, subject to the provisions of subsection (k) relating to certain retrials on punishment.
- (b) In the sentencing proceeding, the attorney for the state shall be allowed to make an opening statement to the jury and then the attorney for the defendant shall also be allowed such statement; provided, that the waiver of opening statement by one party shall not preclude the opening statement by the other party.
- (c) In the sentencing proceeding, evidence may be presented as to any matter that the court deems relevant to the punishment, and may include, but not be limited to, the nature and circumstances of the crime; the defendant's character, background history, and physical condition; any evidence tending to establish or rebut the aggravating circumstances enumerated in subsection (i); and any evidence tending to establish or rebut any mitigating factors. Any such evidence that the court deems to have probative value on the issue of punishment may be received, regardless of its admissibility under the rules of evidence; provided, that the defendant is accorded a fair opportunity to rebut any hearsay statements so admitted. However, this subsection (c) shall not be construed to authorize the introduction of any evidence secured in violation of the constitution of the United States or the constitution of Tennessee. In all cases where the state relies upon the aggravating factor that the defendant was previously convicted of one (1) or more felonies, other than the present charge, whose statutory elements involve the use of violence to the person, either party shall be permitted to introduce evidence concerning the facts and circumstances of the prior conviction. Such evidence shall not be construed to pose a danger of creating unfair prejudice, confusing the issues, or misleading the jury and shall not be subject to exclusion on the ground that the probative value of the evidence is outweighed by prejudice to either party. Such evidence shall be used by the jury in determining the weight to be accorded the aggravating factor. The court shall permit a member or members, or a representative or representatives of the victim's family to testify at the sentencing hearing about the victim and about the impact of the offense on the family of the victim and other relevant persons. The evidence may be considered by the jury in determining which sentence to impose. The court shall permit members or representatives of the victim's family to attend the trial, and those persons shall not be excluded because the person or persons shall testify during the sentencing proceeding as to the impact of the offense.
- (d) In the sentencing proceeding, the state shall be allowed to make a closing argument to the jury; and then the attorney for the defendant shall also be allowed such argument, with the state having the right of closing.
- (e)
- (1) After closing arguments in the sentencing hearing, the trial judge shall include instructions for the jury to weigh and consider any of the statutory aggravating circumstances set forth in subsection (i), which may be raised by the evidence at either the guilt or sentencing hearing, or both. The trial judge shall also include instructions for the jury to weigh and consider any mitigating circumstances raised by the evidence at either the guilt or sentencing hearing, or both, which shall include, but not be limited to, those circumstances set forth in subsection (j). These instructions and the manner of arriving at a sentence shall be given in the oral charge and in writing to the jury for its deliberations. However, a reviewing court shall not set aside a sentence of death or of imprisonment for life without the possibility of parole on the ground that the trial court did not specifically instruct the jury as to a requested mitigating factor that is not enumerated in subsection (j).
- (2) The trial judge shall provide the jury separate verdict forms, as specified by subdivisions (f)(1), (f)(2), and (g)(2)(B). If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(1) or rape of a child, then the jury shall be instructed that a defendant who receives a sentence of imprisonment for life shall not be eligible for parole consideration until the defendant has served at least fifty-one (51) full calendar years of the sentence. The jury shall also be instructed that a defendant who receives a sentence of imprisonment for life without possibility of parole shall never be eligible for release on parole.
- (f)
- (1) If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(1) or rape of a child and the jury unanimously determines that no statutory aggravating circumstance has been proven by the state beyond a reasonable doubt, the sentence shall be imprisonment for life. The jury shall then return its verdict to the judge upon a form provided by the court, which may appear substantially as follows:
- PUNISHMENT OF IMPRISONMENT FOR LIFE
- We, the jury, unanimously determine that no statutory aggravating circumstance has been proven by the state beyond a reasonable doubt. We, the jury, therefore find that the sentence shall be imprisonment for life.
-
- (2)
- (A) Except as provided in subdivision (f)(2)(B), if the jury unanimously determines that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that such circumstance or circumstances have not been proven by the state to outweigh any mitigating circumstance or circumstances beyond a reasonable doubt, the jury shall, in its considered discretion, sentence the defendant either to imprisonment for life without possibility of parole or to imprisonment for life. The trial judge shall instruct the jury that, in choosing between the sentences of imprisonment for life without possibility of parole and imprisonment for life, the jury shall weigh and consider the statutory aggravating circumstance or circumstances proven by the state beyond a reasonable doubt and any mitigating circumstance or circumstances. In its verdict, the jury shall specify the statutory aggravating circumstance or circumstances proven by the state beyond a reasonable doubt and shall return its verdict to the judge upon a form provided by the court, which may appear substantially as follows:
- PUNISHMENT OF IMPRISONMENT FOR LIFE WITHOUT POSSIBILITY OF PAROLE OR IMPRISONMENT FOR LIFE
- We, the jury, unanimously find that the state has proven the following listed statutory aggravating circumstance or circumstances beyond a reasonable doubt:
- [Here list the statutory aggravating circumstance or circumstances so found.]
- We, the jury, unanimously find that such statutory aggravating circumstance or circumstances do not outweigh any mitigating circumstance or circumstances beyond a reasonable doubt; therefore:
- CHECK ONE (1) BOX ONLY
- [ ] We, the jury, unanimously agree that the defendant shall be sentenced to imprisonment for life without possibility of parole; or
- [ ] We, the jury, unanimously agree that the defendant shall be sentenced to imprisonment for life.
-
- (B)
- (i) If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(2), aggravated rape of a child, or grave torture, and the jury unanimously determines that no statutory aggravating circumstance has been proven by the state beyond a reasonable doubt, or that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that the circumstance or circumstances have not been proven by the state to outweigh a mitigating circumstance or circumstances beyond a reasonable doubt, then the sentence must be imprisonment for life without possibility of parole.
- (ii) If imprisonment for life without possibility of parole is the sentence of the jury, then the jury shall reduce to writing the finding that no statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, or that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that such circumstance or circumstances have not been proven by the state to outweigh any mitigating circumstance or circumstances beyond a reasonable doubt.
- (iii) These findings and verdict must be returned to the judge upon a form provided by the court, which may appear substantially as follows:
- PUNISHMENT OF IMPRISONMENT FOR LIFE WITHOUT POSSIBILITY OF PAROLE
- [ ] We, the jury, unanimously agree that no statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt and that the defendant shall be sentenced to imprisonment for life without possibility of parole.
- [ ] We, the jury, unanimously agree that a statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, but that such circumstance or circumstances have not been proven by the state to outweigh any mitigating circumstance or circumstances beyond a reasonable doubt and that the defendant shall be sentenced to imprisonment for life without possibility of parole.
-
- (g)
- (1) The sentence shall be death, if the jury unanimously determines that:
- (A) At least one (1) statutory aggravating circumstance or several statutory aggravating circumstances have been proven by the state beyond a reasonable doubt; and
- (B) Such circumstance or circumstances have been proven by the state to outweigh any mitigating circumstances beyond a reasonable doubt.
- (2)
- (A) If the death penalty is the sentence of the jury, the jury shall:
- (i) Reduce to writing the statutory aggravating circumstance or statutory aggravating circumstances so found; and
- (ii) Signify that the state has proven beyond a reasonable doubt that the statutory aggravating circumstance or circumstances outweigh any mitigating circumstances.
- (B) These findings and verdict shall be returned to the judge upon a form provided by the court, which may appear substantially as follows:
- PUNISHMENT OF DEATH
- We, the jury, unanimously find the following listed statutory aggravating circumstance or circumstances:
- [Here list the statutory aggravating circumstance or circumstances so found.]
- We, the jury, unanimously find that the state has proven beyond a reasonable doubt that the statutory aggravating circumstance or circumstances outweigh any mitigating circumstances.
- Therefore, we, the jury, unanimously find that the punishment shall be death.
-
- (h)
- (1) Except as provided in subdivision (h)(2), if the jury cannot ultimately agree on punishment, the trial judge shall inquire of the foreperson of the jury whether the jury is divided over imposing a sentence of death. If the jury is divided over imposing a sentence of death, the judge shall instruct the jury that in further deliberations, the jury shall only consider the sentences of imprisonment for life without possibility of parole and imprisonment for life. If, after further deliberations, the jury still cannot agree as to sentence, the trial judge shall dismiss the jury and the judge shall impose a sentence of imprisonment for life. The judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on the effect of the jury's failure to agree on a punishment.
- (2) If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(2), aggravated rape of a child, or grave torture, but the jury cannot ultimately agree on punishment, then the trial judge shall inquire of the foreperson of the jury whether the jury is divided over imposing a sentence of death. If the jury is divided over imposing a sentence of death, then the judge shall dismiss the jury and the judge shall impose a sentence of imprisonment for life without possibility of parole. The judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on the effect of the jury's failure to agree on a punishment.
- (i) Except as provided in subdivisions (f)(2)(B) and (h)(2), no death penalty or sentence of imprisonment for life without possibility of parole shall be imposed, except upon a unanimous finding that the state has proven beyond a reasonable doubt the existence of one (1) or more of the statutory aggravating circumstances, which are limited to the following:
- (1) The defendant committed murder against a person less than twelve (12) years of age and the defendant was eighteen (18) years of age or older;
- (2) The defendant was previously convicted of one (1) or more felonies, other than the present charge, whose statutory elements involve the use of violence to the person;
- (3) The defendant knowingly created a great risk of death to two (2) or more persons, other than the victim of the offense, during the offense;
- (4) The defendant committed the offense for remuneration or the promise of remuneration, or employed another to commit the offense for remuneration or the promise of remuneration;
- (5) The offense was especially heinous, atrocious, or cruel, in that it involved torture or serious physical abuse beyond that necessary to produce death;
- (6) The offense was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or prosecution of the defendant or another;
- (7) The offense was knowingly committed, solicited, directed, or aided by the defendant, while the defendant had a substantial role in committing or attempting to commit, or was fleeing after having a substantial role in committing or attempting to commit, any first degree murder, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child, aircraft piracy, or unlawful throwing, placing, or discharging of a destructive device or bomb;
- (8) The offense was committed by the defendant while the defendant was in lawful custody or in a place of lawful confinement or during the defendant's escape from lawful custody or from a place of lawful confinement;
- (9) The offense was committed against any law enforcement officer, corrections official, corrections employee, probation and parole officer, emergency medical or rescue worker, emergency medical technician, paramedic, or firefighter, who was engaged in the performance of official duties, and the defendant knew or reasonably should have known that the victim was a law enforcement officer, corrections official, corrections employee, probation and parole officer, emergency medical or rescue worker, emergency medical technician, paramedic, or firefighter engaged in the performance of official duties;
- (10) The offense was committed against any present or former judge, district attorney general or state attorney general, assistant district attorney general or assistant state attorney general, due to or because of the exercise of the victim's official duty or status and the defendant knew that the victim occupied such office;
- (11) The offense was committed against a national, state, or local popularly elected official, due to or because of the official's lawful duties or status, and the defendant knew that the victim was such an official;
- (12) The defendant committed “mass murder,” which is defined as the murder of three (3) or more persons, whether committed during a single criminal episode or at different times within a forty-eight-month period;
- (13) The defendant knowingly mutilated the body of the victim;
- (14) The victim of the offense was seventy (70) years of age or older; or the victim was particularly vulnerable due to a significant disability, whether mental or physical, and at the time of the offense, the defendant knew or reasonably should have known of such disability;
- (15) The offense was committed in the course of an act of terrorism;
- (16) The offense was committed against a pregnant woman, and the defendant intentionally committed the offense against the victim, knowing that she was pregnant;
- (17) The offense was committed at random and the reasons for the offense are not obvious or easily understood;
- (18) The defendant knowingly sold or distributed a substance containing fentanyl, carfentanil, or any other opiate listed in § 39-17-408(c) with the intent and premeditation to commit murder; or
- (19) The victim of the offense was acting as a Good Samaritan at the time of the offense and the defendant knew that the person was acting as a Good Samaritan. For purposes of this subdivision (i)(19), “Good Samaritan” means a person who helps, defends, protects, or renders emergency care to a person in need without compensation.
- (j) In arriving at the punishment, the jury shall consider, pursuant to this section, any mitigating circumstances, which shall include, but are not limited to, the following:
- (1) The defendant has no significant history of prior criminal activity;
- (2) The offense was committed while the defendant was under the influence of extreme mental or emotional disturbance;
- (3) The victim was a participant in the defendant's conduct or consented to the act;
- (4) The offense was committed under circumstances that the defendant reasonably believed to provide a moral justification for the defendant's conduct;
- (5) The defendant was an accomplice in the offense committed by another person and the defendant's participation was relatively minor;
- (6) The defendant acted under extreme duress or under the substantial domination of another person;
- (7) The youth or advanced age of the defendant at the time of the crime;
- (8) The capacity of the defendant to appreciate the wrongfulness of the defendant's conduct or to conform the defendant's conduct to the requirements of the law was substantially impaired as a result of mental disease or defect or intoxication, which was insufficient to establish a defense to the crime but which substantially affected the defendant's judgment; and
- (9) Any other mitigating factor that is raised by the evidence produced by either the prosecution or defense, at either the guilt or sentencing hearing.
- (k) Upon motion for a new trial, after a conviction for an offense that is punishable by death, if the court finds error in the trial determining guilt, then a new trial on both guilt and sentencing must be held; but if the court finds error alone in the trial determining punishment, then a new trial on the issue of punishment alone must be held by a new jury empaneled for that purpose. If the trial court, or another court with jurisdiction to do so, orders that a defendant convicted of an offense that is punishable by death, whether the sentence is death, imprisonment for life without possibility of parole, or, if applicable, imprisonment for life, be granted a new trial, either as to guilt or punishment, or both, then the new trial must include the possible punishments of death, imprisonment for life without possibility of parole, or, unless the defendant is convicted of first degree murder as described in § 39-13-202(c)(2), aggravated rape of a child, or grave torture, imprisonment for life.
- (l) If the jury has imposed a sentence of death, then the jury may determine whether the defendant's sentence must be expedited pursuant to this subsection (l), and, if the jury unanimously determines that an expediated sentence is required, return such findings to the judge upon a form provided by the court. A defendant's sentence may be expedited if the jury finds that:
- (1)
- (A) The offense involved the death of three (3) or more victims whom the defendant killed using one (1) or more deadly weapons;
- (B) The defendant committed the offense by using one (1) or more deadly weapons on the grounds of a public or private elementary, secondary, or postsecondary school; or
- (C) The defendant committed the offense by killing a first responder, as defined in § 39-13-116, who was acting in the course of the first responder's employment at the time of the offense; and
- (2) The evidence presented at trial proving the defendant's guilt was incontestable, which may include, but is not limited to:
- (A) Video evidence depicting the defendant committing the offense; or
- (B) Deoxyribonucleic acid evidence linking the defendant to the offense.
History (26)
- Acts 1989, ch. 591, § 1
- T.C.A., § 39-13-203
- Acts 1990, ch. 1038, § 3
- 1993, ch. 473, §§ 2, 4-6, 13, 14
- 1995, ch. 356, § 1
- 1995, ch. 377, § 1
- 1996, ch. 830, § 2
- 1997, ch. 139, § 1
- 1997, ch. 358, § 1
- 1997, ch. 491, § 1
- 1998, ch. 712, § 1
- 1998, ch. 915, § 1
- 1998, ch. 916, § 1
- 1999, ch. 504, § 1
- 2002, ch. 849, § 2b
- 2008, ch. 829, § 1
- 2009, ch. 582, § 1
- 2010, ch. 1058, § 1
- 2011, ch. 47, § 30
- 2011, ch. 489, § 1
- 2019, ch. 231, § 1
- 2021, ch. 215, § 2
- 2021, ch. 528, §§ 5-12
- 2022, ch. 1062, §§ 4-7
- 2023, ch. 375, § 1
- 2024, ch. 951, §§ 7-18.
§ 39-13-205. Waiver of jury trials of first degree murder. - (a) In a trial for an offense that is punishable by death, the defendant, with the advice of the defendant's attorney and the consent of the court and district attorney general, may waive the right to a jury to determine guilt, in which case the trial judge shall determine guilt; provided, that such waiver will not affect the defendant's right to a jury to determine punishment, if the defendant is found guilty of the offense.
- (b) After a verdict of guilty is found for an offense that is punishable by death, the defendant, with the advice of the defendant's attorney and the consent of the court and the district attorney general, may waive the right to have a jury determine punishment, in which case the trial judge shall determine punishment as provided by this part.
- (c) Reference to a jury in § 39-13-204 shall apply to a judge if the jury is waived.
History (5)
- Acts 1989, ch. 591, § 1
- T.C.A., § 39-13-204
- Acts 1990, ch. 1038, § 3
- 2022, ch. 1062, § 11
- 2024, ch. 951, §§ 19, 20.
§ 39-13-206. Appeal and review of death sentence. - (a)
- (1) Whenever the death penalty is imposed for an offense and when the judgment has become final in the trial court, the Tennessee supreme court shall automatically review the conviction and the sentence of death. Upon the conviction becoming final in the trial court, the clerk shall docket the case in the supreme court and the case shall proceed in accordance with the Tennessee Rules of Appellate Procedure.
- (2) If the defendant has been convicted of an offense and sentenced to death, the record as to guilt and sentence shall be expeditiously filed with the Tennessee supreme court within the time limit provision of Tennessee Rules of Appellate Procedure, Rules 24 and 25. If the defendant has been convicted of other offenses than the offense that is punishable by death at the same trial where a death sentence is imposed, the Tennessee supreme court has authority to review by direct appeal the other crimes, if appealed by the defendant with the conviction for an offense that is punishable by death and sentence of death.
- (b) The appeal of the conviction for an offense that is punishable by death and the review of the sentence of death has priority over all other cases and shall be heard according to the rules promulgated by the Tennessee supreme court. The Tennessee supreme court shall first consider any errors assigned and then the court shall review the sentence of death.
- (c)
- (1) In reviewing a sentence of death, the Tennessee supreme court shall determine whether:
- (A) The sentence of death was imposed in any arbitrary fashion;
- (B) The evidence supports the jury's finding of statutory aggravating circumstance or circumstances;
- (C) The evidence supports the jury's finding that the aggravating circumstance or circumstances outweigh any mitigating circumstances; and
- (D) The sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the nature of the crime and the defendant.
- (2) The Tennessee supreme court may promulgate rules as it deems appropriate to establish such procedures as are necessary to enable it to properly review the death sentence.
- (d) In addition to its other authority regarding correction of errors, the Tennessee supreme court, in reviewing a death sentence, is authorized to:
- (1) Affirm the sentence of death; or
- (2) Modify the punishment to imprisonment for life without possibility of parole or, if applicable, imprisonment for life.
- (e) In the event that any provision of §§ 39-13-202 — 39-13-205 or this section, or the application of the sections, to any individual or circumstance is held to be invalid or unconstitutional so as to permanently preclude a sentence of death as to that individual, the court having jurisdiction over the individual previously sentenced to death shall cause the individual to be brought before the proper court, which shall, following a sentencing hearing conducted in accordance with § 39-13-207, sentence the person to imprisonment for life without possibility of parole or, if applicable, imprisonment for life.
History (9)
- Acts 1989, ch. 591, § 1
- T.C.A., § 39-13-205
- Acts 1990, ch. 1038, § 3
- 1992, ch. 952, § 5
- 1993, ch. 473, §§ 11, 12
- 2019, ch. 140, §§ 2, 3
- 2021, ch. 528, § 13
- 2022, ch. 1062, § 8
- 2024, ch. 951, § 21.
§ 39-13-207. Sentencing where death penalty is not sought. [Effective until contingency is met. See the second version effective when contingency is met and Compiler’s Notes.] - (a)
- (1) In a case of first degree murder as described in § 39-13-202(c)(1) or rape of a child in which the state does not seek the death penalty, but is seeking imprisonment for life without possibility of parole as the maximum punishment, should the jury find the defendant guilty of first degree murder, the jury shall fix the punishment in a separate sentencing proceeding, to determine whether the defendant shall be sentenced to imprisonment for life without possibility of parole or imprisonment for life. The sentencing proceeding shall be conducted in accordance with § 39-13-204, excluding references to the death penalty.
- (2) In a case of first degree murder as described in § 39-13-202(c)(2) or aggravated rape of a child in which the state does not seek the death penalty, if the jury finds the defendant guilty, then a sentencing hearing shall not be conducted as required by § 39-13-204, and the judge shall sentence the defendant to imprisonment for life without the possibility of parole.
- (b) If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(1) or rape of a child and the jury unanimously determines that no statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, as set forth in § 39-13-204(i), the jury shall return its verdict to the judge on the form described in § 39-13-204(f)(1), and the court shall sentence the defendant to imprisonment for life.
- (c) Except as provided in § 39-13-204(f)(2)(B), if the jury unanimously determines that the state has proven beyond a reasonable doubt one (1) or more of the statutory aggravating circumstances set forth in § 39-13-204(i), the jury shall, in its considered discretion, sentence the defendant either to imprisonment for life without possibility of parole or to imprisonment for life.
- (d) The jury shall be instructed that, in imposing sentence, it shall weigh and consider the statutory aggravating circumstance or circumstances proven by the state beyond a reasonable doubt and any mitigating circumstance or circumstances.
- (e) The jury shall then return its verdict to the judge upon a form provided by the court, which may appear substantially as follows:
- (f) If the jury cannot ultimately agree as to punishment, the judge shall dismiss the jury and the judge shall impose a sentence of imprisonment for life. The judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on the effect of the jury's failure to agree on a punishment.
- (g) When a defendant has been sentenced to imprisonment for life without possibility of parole, the defendant may appeal the sentence to the Tennessee court of criminal appeals. The court of criminal appeals shall first consider any errors assigned and then the court shall review the appropriateness of the sentence. Except as provided in § 39-13-204(f)(2)(B), a sentence of imprisonment for life without possibility of parole shall be considered appropriate if the state proved beyond a reasonable doubt at least one (1) statutory aggravating circumstance contained in § 39-13-204(i), and the sentence was not otherwise imposed arbitrarily, so as to constitute a gross abuse of the jury's discretion.
History (3)
- Acts 1993, ch. 473, § 7
- 2021, ch. 528, §§ 14-18
- 2024, ch. 951, §§ 23, 24, 26.
§ 39-13-207. Sentencing where death penalty is not sought. [Effective when contingency is met. See the version effective until contingency is met and Compiler’s Notes.] - (a)
- (1) In a case of first degree murder as described in § 39-13-202(c)(1) or rape of a child in which the state does not seek the death penalty, but is seeking imprisonment for life without possibility of parole as the maximum punishment, should the jury find the defendant guilty of first degree murder, the jury shall fix the punishment in a separate sentencing proceeding, to determine whether the defendant shall be sentenced to imprisonment for life without possibility of parole or imprisonment for life. The sentencing proceeding shall be conducted in accordance with § 39-13-204, excluding references to the death penalty.
- (2) In a case of first degree murder as described in § 39-13-202(c)(2), aggravated rape of a child, or grave torture, in which the state does not seek the death penalty, if the jury finds the defendant guilty, then a sentencing hearing must not be conducted as required by § 39-13-204, and the judge shall sentence the defendant to imprisonment for life without the possibility of parole.
- (b) If the defendant has been found guilty of first degree murder as described in § 39-13-202(c)(1) or rape of a child and the jury unanimously determines that no statutory aggravating circumstance or circumstances have been proven by the state beyond a reasonable doubt, as set forth in § 39-13-204(i), the jury shall return its verdict to the judge on the form described in § 39-13-204(f)(1), and the court shall sentence the defendant to imprisonment for life.
- (c) Except as provided in § 39-13-204(f)(2)(B), if the jury unanimously determines that the state has proven beyond a reasonable doubt one (1) or more of the statutory aggravating circumstances set forth in § 39-13-204(i), the jury shall, in its considered discretion, sentence the defendant either to imprisonment for life without possibility of parole or to imprisonment for life.
- (d) The jury shall be instructed that, in imposing sentence, it shall weigh and consider the statutory aggravating circumstance or circumstances proven by the state beyond a reasonable doubt and any mitigating circumstance or circumstances.
- (e) The jury shall then return its verdict to the judge upon a form provided by the court, which may appear substantially as follows:
- (f) If the jury cannot ultimately agree as to punishment, the judge shall dismiss the jury and the judge shall impose a sentence of imprisonment for life. The judge shall not instruct the jury, nor shall the attorneys be permitted to comment at any time to the jury, on the effect of the jury's failure to agree on a punishment.
- (g) When a defendant has been sentenced to imprisonment for life without possibility of parole, the defendant may appeal the sentence to the Tennessee court of criminal appeals. The court of criminal appeals shall first consider any errors assigned and then the court shall review the appropriateness of the sentence. Except as provided in § 39-13-204(f)(2)(B), a sentence of imprisonment for life without possibility of parole shall be considered appropriate if the state proved beyond a reasonable doubt at least one (1) statutory aggravating circumstance contained in § 39-13-204(i), and the sentence was not otherwise imposed arbitrarily, so as to constitute a gross abuse of the jury's discretion.
History (4)
- Acts 1993, ch. 473, § 7
- 2021, ch. 528, §§ 14-18
- 2022, ch. 1062, § 9
- 2024, ch. 951, §§ 23-26.
§ 39-13-208. Notice of penalty to be sought for capital offenses. [Effective until contingency is met. See the second version effective when contingency is met and Compiler’s Notes.] - (a) Written notice that the state intends to seek the death penalty, filed pursuant to Rule 12.3(b) of the Tennessee Rules of Criminal Procedure, shall constitute notice that the state also intends to seek, as a possible punishment, a sentence of imprisonment for life without possibility of parole.
- (b) Where a capital offense is charged in the indictment or presentment and the district attorney general intends to ask for the sentence of imprisonment for life without possibility of parole, written notice shall be filed not less than thirty (30) days prior to trial. If the notice is filed later than this time, the trial judge shall grant the defendant, upon motion by the defendant, a reasonable continuance of the trial. The notice shall specify that the state intends to seek the sentence of imprisonment for life without possibility of parole and, unless the offense charged is first degree murder as described in § 39-13-202(c)(2), or aggravated rape of a child, the notice shall specify the aggravating circumstance or circumstances the state intends to rely upon at a sentencing hearing. Specification may be complied with by a reference to the citation of the circumstance or circumstances. Such notice shall be in writing and filed with the court and served on counsel.
- (c) If notice is not filed pursuant to subsection (a) or (b), the defendant shall be sentenced to imprisonment for life by the court, if the defendant is found guilty of murder in the first degree.
- (d) The defendant and the state of Tennessee may enter into a plea agreement whereby the defendant is sentenced to imprisonment for life without possibility of parole, pursuant to Rule 11 of the Tennessee Rules of Criminal Procedure.
History (3)
- Acts 1993, ch. 473, § 8
- 2021, ch. 528, § 19
- 2024, ch. 951, § 27.
§ 39-13-208. Notice of penalty to be sought for capital offenses. [Effective when contingency is met. See the version effective until contingency is met and Compiler’s Notes.] - (a) Written notice that the state intends to seek the death penalty, filed pursuant to Rule 12.3(b) of the Tennessee Rules of Criminal Procedure, shall constitute notice that the state also intends to seek, as a possible punishment, a sentence of imprisonment for life without possibility of parole.
- (b) Where a capital offense is charged in the indictment or presentment and the district attorney general intends to ask for the sentence of imprisonment for life without possibility of parole, written notice shall be filed not less than thirty (30) days prior to trial. If the notice is filed later than this time, the trial judge shall grant the defendant, upon motion by the defendant, a reasonable continuance of the trial. The notice shall specify that the state intends to seek the sentence of imprisonment for life without possibility of parole and, unless the offense charged is a violation of first degree murder as described in § 39-13-202(c)(2), aggravated rape of a child, or grave torture, the notice shall specify the aggravating circumstance or circumstances the state intends to rely upon at a sentencing hearing. Specification may be complied with by a reference to the citation of the circumstance or circumstances. Such notice shall be in writing and filed with the court and served on counsel.
- (c) If notice is not filed pursuant to subsection (a) or (b), the defendant shall be sentenced to imprisonment for life by the court, if the defendant is found guilty of murder in the first degree.
- (d) The defendant and the state of Tennessee may enter into a plea agreement whereby the defendant is sentenced to imprisonment for life without possibility of parole, pursuant to Rule 11 of the Tennessee Rules of Criminal Procedure.
History (4)
- Acts 1993, ch. 473, § 8
- 2021, ch. 528, § 19
- 2022, ch. 1062, § 10
- 2024, ch. 951, §§ 27, 28.
§ 39-13-210. Second degree murder. - (a) Second degree murder is:
- (1) A knowing killing of another;
- (2) A killing of another that results from the unlawful distribution of any Schedule I or Schedule II drug, when the drug is the proximate cause of the death of the user; or
- (3) A killing of another by unlawful distribution or unlawful delivery or unlawful dispensation of fentanyl or carfentanil, when those substances alone, or in combination with any substance scheduled as a controlled substance by the Tennessee Drug Control Act of 1989, compiled in chapter 17, part 4 of this title and in title 53, chapter 11, parts 3 and 4, including controlled substance analogs, is the proximate cause of the death of the user.
- (b) In a prosecution for a violation of this section, if the defendant knowingly engages in multiple incidents of domestic abuse, assault or the infliction of bodily injury against a single victim, the trier of fact may infer that the defendant was aware that the cumulative effect of the conduct was reasonably certain to result in the death of the victim, regardless of whether any single incident would have resulted in the death.
- (c)
- (1) Second degree murder is a Class A felony.
- (2) Notwithstanding the Tennessee Criminal Sentencing Reform Act of 1989, compiled in title 40, chapter 35, a person convicted of a violation of subdivision (a)(2) where the victim is a minor shall be punished from within one (1) range higher than the sentencing range otherwise appropriate for the person.
History (8)
- Acts 1989, ch. 591, § 1
- T.C.A., § 39-13-206
- Acts 1990, ch. 980, § 6
- 1990, ch. 1038, § 4
- 1995, ch. 460, § 2
- 2006, ch. 967, § 2
- 2018, ch. 934, § 2
- 2018, ch. 995, § 1.
§ 39-13-211. Voluntary manslaughter. - (a) Voluntary manslaughter is the intentional or knowing killing of another in a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner.
- (b) Voluntary manslaughter is a Class B felony.
History (4)
- Acts 1989, ch. 591, § 1
- T.C.A., § 39-13-207
- Acts 1990, ch. 1038, § 4
- 2023, ch. 308, § 1.
§ 39-13-212. Criminally negligent homicide. - (a) Criminally negligent conduct that results in death constitutes criminally negligent homicide.
- (b) Criminally negligent homicide is a Class E felony.
History (3)
- Acts 1989, ch. 591, § 1
- T.C.A., § 39-13-208
- Acts 1990, ch. 1038, § 4.
§ 39-13-213. Vehicular homicide. - (a) Vehicular homicide is the reckless killing of another by the operation of an automobile, airplane, vessel subject to registration under title 69, chapter 9, part 2, or other motor vehicle, as the proximate result of:
- (1) Conduct creating a substantial risk of death or serious bodily injury to a person;
- (2) The driver's intoxication, as set forth in § 55-10-401, or the operator's intoxication, as set forth in § 69-9-217(a). For the purposes of this section, “intoxication” includes alcohol intoxication as defined by § 55-10-411(a), drug intoxication, or both;
- (3) As the proximate result of conduct constituting the offense of drag racing as prohibited by title 55, chapter 10, part 5; or
- (4) The driver's conduct in a posted construction zone where the person killed was an employee of the department of transportation or a highway construction worker.
- (b)
- (1) Vehicular homicide under subdivision (a)(1) or (a)(3) is a Class C felony.
- (2)
- (A) Vehicular homicide under subdivision (a)(2) is a Class B felony.
- (B) Any sentence imposed for a first violation of subdivision (a)(2) shall include a mandatory minimum sentence of forty-eight (48) consecutive hours of incarceration. The person shall not be eligible for release from confinement until the person has served the entire forty-eight-hour minimum mandatory sentence.
- (C) If at the time of sentencing for a violation of subdivision (a)(2), the person has one (1) prior conviction for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of forty-five (45) consecutive days of incarceration. The person shall not be eligible for release from confinement until the person has served the entire forty-five-day minimum mandatory sentence.
- (D) If at the time of sentencing for a violation of subdivision (a)(2), the person has any combination of two (2) prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred twenty (120) consecutive days of incarceration. The person shall not be eligible for release from confinement until the person has served the entire one hundred twenty-day mandatory minimum sentence.
- (E) If at the time of sentencing for a violation of subdivision (a)(2), the person has any combination of three (3) or more prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred fifty (150) consecutive days of incarceration. The person shall not be eligible for release from confinement until the person has served the entire one hundred fifty-day mandatory minimum sentence.
- (F) As used in this subdivision (b)(2), “alcohol-related offense” means a conviction for a violation of subdivision (a)(2), § 55-10-401, § 39-13-106, or § 39-13-218.
- (G) For purposes of sentencing under this subdivision (b)(2), a prior conviction for an alcohol-related offense may be used to enhance the mandatory minimum sentence regardless of whether it occurred before or after July 1, 2015, as long as the violation of this section occurs on or after July 1, 2015.
- (3) Vehicular homicide under subdivision (a)(4) is a Class D felony.
- (c) The court shall prohibit a defendant convicted of vehicular homicide from driving a vehicle or operating a vessel subject to registration in this state for a period of time not less than three (3) years nor more than ten (10) years.
History (10)
- Acts 1989, ch. 591, § 1
- T.C.A., § 39-13-209
- Acts 1990, ch. 1038, § 4
- 1995, ch. 415, § 1
- 2006, ch. 971, §§ 2, 3
- 2010, ch. 1120, §§ 2, 3
- 2013, ch. 154, § 50
- 2015, ch. 125, § 3
- 2021, ch. 434, § 6
- 2024, ch. 671, § 2.
§ 39-13-214. “Another” and “another person” to include fetus of a human being. - (a) For the purposes of this part, “another” and “another person” include a human embryo or fetus at any stage of gestation in utero, when any such term refers to the victim of any act made criminal by this part.
- (b) Nothing in this section shall be construed to amend [former] § 39-15-201 [repealed], or §§ 39-15-203 — 39-15-205 and 39-15-207.
- (c) Nothing in subsection (a) shall apply to any act or omission by a pregnant woman with respect to an embryo or fetus with which she is pregnant, or to any lawful medical or surgical procedure to which a pregnant woman consents, performed by a health care professional who is licensed to perform such procedure.
History (5)
- Acts 1989, ch. 591, § 1
- T.C.A., § 39-13-210
- Acts 1990, ch. 1038, § 4
- 2011, ch. 408, § 2
- 2012, ch. 1006, §§ 1, 2.
§ 39-13-216. Assisted suicide. - (a) A person commits the offense of assisted suicide who:
- (1) Intentionally provides another person with the means by which such person directly and intentionally brings about such person's own death; or
- (2) Intentionally participates in a physical act by which another person directly and intentionally brings about such person's own death; and
- (3) Provides the means or participates in the physical act with:
- (A) Actual knowledge that the other person intends to bring about such person's own death; and
- (B) The clear intent that the other person bring about such person's own death.
- (b) It is not an offense under this section to:
- (1) Withhold or withdraw medical care as defined by § 32-11-103;
- (2) Prescribe, dispense, or administer medications or perform medical procedures calculated or intended to relieve another person's pain or discomfort but not calculated or intended to cause death, even if the medications or medical procedures may hasten or increase the risk of death; or
- (3) Fail to prevent another from bringing about that person's own death.
- (c) This section shall not in any way affect, impair, impede, or otherwise limit or render invalid the rights, privileges, and policies set forth in the Tennessee Right to Natural Death Act, compiled in title 32, chapter 11; the provisions for the durable power of attorney for health care, compiled in title 34, chapter 6, part 2; or the do not resuscitate (DNR) regulations of the Tennessee board for licensing health care facilities issued pursuant to § 68-11-224.
- (d) A cause of action for injunctive relief may be maintained against any person who is reasonably believed about to violate or who is in the course of violating subsection (a), by any person who is:
- (1) The spouse, parent, child, or sibling of the person who would bring about such person's own death;
- (2) Entitled to inherit from the person who would bring about such person's own death;
- (3) A health care provider or former health care provider of the person who would bring about such person's own death; or
- (4) A public official with appropriate jurisdiction to prosecute or enforce the laws of this state.
- (e) A cause of action for civil damages against any person who violates or attempts to violate subsection (a) may be maintained by any person given standing by subsection (d) for compensatory damages and exemplary damages, whether or not the plaintiff consented to or had prior knowledge of the violation or attempt. Any compensatory damages awarded shall be paid as provided by law, but exemplary damages shall be paid over to the department of revenue for deposit in the criminal injuries compensation fund, pursuant to § 40-24-107.
- (f) Reasonable attorney's fees shall be awarded to the prevailing plaintiff in a civil action brought pursuant to this section. If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous or brought in bad faith, the court shall award reasonable attorney's fees to the defendant.
- (g) Assisted suicide is a Class D felony.
History (1)
- Acts 1993, ch. 405, §§ 2, 3.
§ 39-13-217. Priority in case docketing. - The trial courts of this state and the Tennessee supreme court shall give first priority in docketing to cases where the state has given notice of intent to seek the death penalty pursuant to Rule 12.3(b) of the Rules of Criminal Procedure, or the defendant has been sentenced to death.
History (2)
- Acts 1995, ch. 338, § 1
- 2019, ch. 140, § 4.
§ 39-13-218. Aggravated vehicular homicide. - (a) Aggravated vehicular homicide is vehicular homicide, as defined in § 39-13-213(a)(2), where:
- (1) The defendant has two (2) or more prior convictions for:
- (A) Driving under the influence of an intoxicant or boating under the influence, as defined in § 69-9-217(a);
- (B) Vehicular assault; or
- (C) Any combination of such offenses;
- (2) The defendant has one (1) or more prior convictions for the offense of vehicular homicide; or
- (3) There was, at the time of the offense, twenty-hundredths of one percent (0.20%), or more, by weight of alcohol in the defendant's blood and the defendant has one (1) prior conviction for:
- (A) Driving under the influence of an intoxicant or boating under the influence, as defined in § 69-9-217(a); or
- (B) Vehicular assault.
- (b)
- (1) As used in this section, unless the context otherwise requires, “prior conviction” means an offense for which the defendant was convicted prior to the commission of the instant vehicular homicide and includes convictions occurring prior to July 1, 1996.
- (2) “Prior conviction” includes convictions under the laws of any other state, government, or country that, if committed in this state, would have constituted one (1) of the three (3) offenses enumerated in subdivision (a)(1) or (a)(2). In the event that a conviction from a jurisdiction other than Tennessee is not specifically named the same as one (1) of the three (3) offenses enumerated in subdivision (a)(1) or (a)(2), the elements of the offense in the other jurisdiction shall be used by the Tennessee court to determine if the offense constitutes one (1) of the prior convictions required by subsection (a).
- (c) If the defendant is charged with aggravated vehicular homicide, the indictment, in a separate count, shall specify, charge and give notice of the required prior conviction or convictions. If the defendant is convicted of vehicular homicide under § 39-13-213(a)(2), the jury shall then separately consider whether the defendant has the requisite number and types of prior offenses or level of blood alcohol concentration necessary to constitute the offense of aggravated vehicular homicide. If the jury convicts the defendant of aggravated vehicular homicide, the court shall pronounce judgment and sentence the defendant from within the felony classification set out in subsection (d).
- (d) Aggravated vehicular homicide is a Class A felony.
History (2)
- Acts 1996, ch. 902, § 1
- 2021, ch. 434, § 7.
§ 39-13-219. Restitution in form of child maintenance. - (a) Notwithstanding any law to the contrary, if a defendant is convicted of a violation of § 39-13-213(a)(2) or § 39-13-218 and the deceased victim of the offense was the parent of a minor child, then the sentencing court shall order the defendant to pay restitution in the form of child maintenance to each of the victim's children until each child reaches eighteen (18) years of age and has graduated from high school, or the class of which the child is a member when the child reached eighteen (18) years of age has graduated from high school.
- (b) The court shall determine an amount that is reasonable and necessary for the maintenance of the victim's child after considering all relevant factors, including:
- (1) The financial needs and resources of the child;
- (2) The financial resources and needs of the surviving parent or guardian of the child, including the state if the child is in the custody of the department of children's services;
- (3) The standard of living to which the child is accustomed;
- (4) The physical and emotional condition of the child and the child's educational needs;
- (5) The child's physical and legal custody arrangements; and
- (6) The reasonable work-related child care expenses of the surviving parent or guardian.
- (c) The court shall order that child maintenance payments be made to the clerk of court as trustee for remittance to the child's surviving parent or guardian. The clerk shall remit the payments to the surviving parent or guardian within ten (10) working days of receipt by the clerk. The clerk shall deposit all payments no later than the next working day after receipt.
- (d)
- (1) If a defendant who is ordered to pay child maintenance under this section is incarcerated and unable to pay the required maintenance, then the defendant must have up to one (1) year after the release from incarceration to begin payment, including entering a payment plan to address any arrearage. If a defendant's child maintenance payments are set to terminate but the defendant's obligation is not paid in full, then the child maintenance payments continue until the entire arrearage is paid.
- (2) Notwithstanding § 40-35-304, a surviving parent or guardian who is awarded restitution pursuant to this section may convert the restitution order to a civil judgment at any time by filing a certified copy of the restitution order with an appropriate civil court having jurisdiction over the total amount of restitution ordered. The civil court may convert the restitution order into a civil judgment in the manner provided in § 40-35-304(h).
- (e)
- (1) If the surviving parent or guardian of the child brings a civil action against the defendant prior to the sentencing court ordering child maintenance payments as restitution and the surviving parent or guardian obtains a judgment in the civil suit, then any maintenance ordered must be offset by the amount of damages that has been received by the surviving parent or guardian prior to the sentencing court entering an order of restitution.
- (2) If the court orders the defendant to make child maintenance payments as restitution under this section and the surviving parent or guardian subsequently brings a civil action and obtains a judgment, then the child maintenance order must be offset by the amount of damages received by the surviving parent or guardian pursuant to the civil action.
History (2)
- Acts 2022, ch. 1056, § 2
- 2023, ch. 217, § 1.
Part 3 Kidnapping and False Imprisonment § 39-13-301. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Advertisement” means a notice or an announcement in a public medium promoting a product, service, or event, or publicizing a job vacancy;
- (2) “Blackmail” means threatening to expose or reveal the identity of another or any material, document, secret or other information that might subject a person to hatred, contempt, ridicule, loss of employment, social status or economic harm;
- (3) “Coercion” means:
- (A) Causing or threatening to cause bodily harm to any person, physically restraining or confining any person or threatening to physically restrain or confine any person;
- (B) Exposing or threatening to expose any fact or information that, if revealed, would tend to subject a person to criminal or immigration proceedings, hatred, contempt or ridicule;
- (C) Destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of any person; or
- (D) Providing a controlled substance, as defined in § 39-17-402, or a controlled substance analogue, as defined in § 39-17-454, to a person;
- (4) “Commercial sex act” means:
- (A) Any sexually explicit conduct for which anything of value is directly or indirectly given, promised to or received by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under eighteen (18) years of age; or
- (B) Any sexually explicit conduct that is performed or provided by any person, which conduct is induced or obtained by coercion or deception or which conduct is induced or obtained from a person under eighteen (18) years of age;
- (5) “Deception” means:
- (A) Creating or confirming another person's impression of an existing fact or past event that is false and that the accused knows or believes to be false;
- (B) Maintaining the status or condition of a person arising from a pledge by that person of personal services as security for a debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined, or preventing a person from acquiring information pertinent to the disposition of the debt; or
- (C) Promising benefits or the performance of services that the accused does not intend to deliver or perform or knows will not be delivered or performed. Evidence of failure to deliver benefits or perform services standing alone shall not be sufficient to authorize a conviction under this part;
- (6) “Financial harm” includes extortion as defined by § 39-14-112, criminal violation of the usury laws as defined by § 47-14-112 or employment contracts that violate the statute of frauds as defined by § 29-2-101(b);
- (7) “Forced labor or services” means labor or services that are performed or provided by another person and are obtained or maintained through the defendant's:
- (A) Causing or threatening to cause serious harm to any person;
- (B) Physically restraining or threatening to physically restrain another person;
- (C) Abusing or threatening to abuse the law or legal process;
- (D) Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person;
- (E) Blackmail; or
- (F) Causing or threatening to cause financial harm to in order to exercise financial control over any person;
- (8) “Involuntary servitude” means the condition of a person who is compelled by force, coercion or imprisonment and against the person's will to labor for another, whether paid or not;
- (9) “Labor” means work of economic or financial value;
- (10) “Maintain” means, in relation to labor or services, to secure continued performance of labor or services, regardless of any initial agreement on the part of the victim to perform such type of service;
- (11) “Minor” means an individual who is less than eighteen (18) years of age;
- (12) “Obtain” means, in relation to labor or services, to secure performance of labor or services;
- (13) “Services” means an ongoing relationship between a person and the defendant in which the person performs activities under the supervision of or for the defendant;
- (14) “Sexually explicit conduct” means actual or simulated:
- (A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
- (B) Bestiality;
- (C) Masturbation;
- (D) Lewd exhibition of the genitals or pubic area of any person;
- (E) Flagellation or torture by or upon a person who is nude;
- (F) Condition of being fettered, bound or otherwise physically restrained on the part of a person who is nude;
- (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's unclothed genitals, pubic area or buttocks or with a female's nude breasts;
- (H) Defecation or urination for the purpose of sexual stimulation of the viewer; or
- (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure; and
- (15) “Unlawful” means, with respect to removal or confinement, one that is accomplished by force, threat or fraud, or, in the case of a person who is under the age of thirteen (13) or incompetent, accomplished without the consent of a parent, guardian or other person responsible for the general supervision of the minor's or incompetent's welfare.
History (5)
- Acts 1990, ch. 982, § 1
- 2008, ch. 1140, § 2
- 2012, ch. 848, § 13
- 2012, ch. 1075, § 1
- 2013, ch. 465, § 3.
§ 39-13-302. False imprisonment. - (a) A person commits the offense of false imprisonment who knowingly removes or confines another unlawfully so as to interfere substantially with the other's liberty.
- (b) False imprisonment is a Class A misdemeanor.
History (3)
- Acts 1989, ch. 591, § 1
- T.C.A., § 39-13-303
- Acts 1990, ch. 982, § 1.
§ 39-13-303. Kidnapping. - (a) Kidnapping is false imprisonment as defined in § 39-13-302, under circumstances exposing the other person to substantial risk of bodily injury.
- (b) Kidnapping is a Class C felony.
History (4)
- Acts 1989, ch. 591, § 1
- T.C.A., § 39-13-302
- Acts 1990, ch. 982, § 1
- 2008, ch. 1140, § 4.
§ 39-13-304. Aggravated kidnapping. - (a) Aggravated kidnapping is false imprisonment, as defined in § 39-13-302, committed:
- (1) To facilitate the commission of any felony or flight thereafter;
- (2) To interfere with the performance of any governmental or political function;
- (3) With the intent to inflict serious bodily injury on or to terrorize the victim or another;
- (4) Where the victim suffers bodily injury; or
- (5) While the defendant is in possession of a deadly weapon or threatens the use of a deadly weapon.
- (b)
- (1) Aggravated kidnapping is a Class B felony.
- (2) If the offender voluntarily releases the victim alive or voluntarily provides information leading to the victim's safe release, such actions shall be considered by the court as a mitigating factor at the time of sentencing.
History (3)
- Acts 1989, ch. 591, § 1
- T.C.A., § 39-13-301
- Acts 1990, ch. 982, § 1.
§ 39-13-305. Especially aggravated kidnapping. - (a) Especially aggravated kidnapping is false imprisonment, as defined in § 39-13-302:
- (1) Accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon;
- (2) Where the victim was under the age of thirteen (13) at the time of the removal or confinement;
- (3) Committed to hold the victim for ransom or reward, or as a shield or hostage; or
- (4) Where the victim suffers serious bodily injury.
- (b)
- (1) Especially aggravated kidnapping is a Class A felony.
- (2) If the offender voluntarily releases the victim alive or voluntarily provides information leading to the victim's safe release, such actions shall be considered by the court as a mitigating factor at the time of sentencing.
- (3) Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case shall it be lower than Range II.
History (2)
- Acts 1990, ch. 982, § 1
- 2023, ch. 155, § 1.
§ 39-13-306. Custodial interference. - (a) It is the offense of custodial interference for a natural or adoptive parent, step-parent, grandparent, brother, sister, aunt, uncle, niece, or nephew of a child younger than eighteen (18) years of age to:
- (1) Remove the child from this state knowing that the removal violates a child custody determination as defined in § 36-6-205, the rightful custody of a mother as defined in § 36-2-303, or a temporary or permanent judgment or court order regarding the custody or care of the child;
- (2) Detain the child within this state or remove the child from this state after the expiration of the noncustodial natural or adoptive parent or guardian's lawful period of visitation, with the intent to violate the rightful custody of a mother as defined in § 36-2-303, or a temporary or permanent judgment or a court order regarding the custody or care of the child;
- (3) Harbor or hide the child within or outside this state, knowing that possession of the child was unlawfully obtained by another person in violation of the rightful custody of a mother as defined in § 36-2-303, or a temporary or permanent judgment or a court order;
- (4) Act as an accessory to any act prohibited by this section;
- (5) Detain the child within or remove the child from this state during the noncustodial parent's lawful period of visitation, with the intent to violate the court-ordered visitation of the noncustodial parent, or a temporary or permanent judgment regarding visitation with the child; or
- (6) Harbor or hide the child within or outside this state, knowing that the child has been placed in the custody of the department of children's services pursuant to a protective custody order or an emergency custody order entered by a court. It is not a defense to a violation of this subdivision (a)(6) that the person harboring or hiding the child has not been served with an actual copy of a protective custody order or emergency custody order.
- (b) It is also the offense of custodial interference for a natural or adoptive parent, step-parent, grandparent, brother, sister, aunt, uncle, niece, or nephew of an incompetent person to:
- (1) Remove the incompetent person from this state knowing that the removal violates a temporary or permanent judgment or a court order regarding the custody or care of the incompetent person;
- (2) Harbor or hide the incompetent person within or outside this state, knowing that possession of the incompetent person was unlawfully obtained by another person in violation of a temporary or permanent judgment or a court order; or
- (3) Act as an accessory to any act prohibited by this section.
- (c) It is a defense to custodial interference:
- (1) That the person who removed the child or incompetent person reasonably believed that, at the time the child or incompetent was removed, the failure to remove the child or incompetent person would have resulted in a clear and present danger to the health, safety, or welfare of the child or incompetent person; or
- (2) That the individual detained or moved in contravention of the rightful custody of a mother as defined in § 36-2-303, or of the order of custody or care, was returned by the defendant voluntarily and before arrest or the issuance of a warrant for arrest.
- (d) If conduct that is in violation of this section is also a violation of § 39-13-304 or § 39-13-305(a)(1), (a)(3), or (a)(4), the offense may be prosecuted under any of the applicable statutes.
- (e)
- (1) Except as provided in subdivision (e)(2), custodial interference is a Class E felony, unless the person taken from lawful custody is returned voluntarily by the defendant, in which case custodial interference is a Class A misdemeanor.
- (2) Custodial interference under subdivision (a)(5) is a Class C misdemeanor.
History (6)
- Acts 1989, ch. 591, § 1
- T.C.A., § 39-13-304
- Acts 1990, ch. 982, § 1
- 2004, ch. 834, § 1
- 2016, ch. 725, §§ 1, 2
- 2023, ch. 286, § 1.
§ 39-13-307. Involuntary labor servitude — Restitution. - (a) A person commits the offense of involuntary labor servitude who knowingly subjects, or attempts to subject, another person to forced labor or services by:
- (1) Causing or threatening to cause serious bodily harm to the person;
- (2) Physically restraining or threatening to physically restrain the person;
- (3) Abusing or threatening to abuse the law or legal process;
- (4) Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of the person;
- (5) Using blackmail or using or threatening to cause financial harm for the purpose of exercising financial control over the person;
- (6) Facilitating or controlling the person's access to an addictive controlled substance; or
- (7) Controlling the person's movements through threats or violence.
- (b) In addition to any other amount of loss identified or any other punishment imposed, the court shall order restitution to the victim or victims in an amount equal to the greater of:
- (1) The gross income or value to the defendant of the victim's labor or services; or
- (2) The value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) (29 U.S.C. § 201 et seq.), or the minimum wage required in this state, whichever is higher.
- (c) Nothing in this section shall be construed as prohibiting the defendant from also being prosecuted for the theft of the victim's labor or services by involuntary servitude or for any other appropriate criminal statute violated by the defendant's conduct.
- (d)
- (1) Involuntary servitude is a Class C felony.
- (2) Involuntary servitude is a Class B felony if:
- (A) The violation resulted in the serious bodily injury or death of a victim;
- (B) The period of time during which the victim was held in servitude exceeded one (1) year; or
- (C) The defendant held ten (10) or more victims in servitude at any time during the course of the defendant's criminal episode.
- (3) Involuntary servitude is a Class A felony if the victim was more than twelve (12) years of age but less than eighteen (18) years of age.
History (4)
- Acts 2008, ch. 1140, § 3
- 2012, ch. 1074, §§ 1-3
- 2022, ch. 1089, § 2
- 2022, ch. 1115, § 19.
§ 39-13-308. Trafficking for forced labor or services. - (a) A person commits the offense of trafficking persons for forced labor or services who knowingly:
- (1) Recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, transport, provide, or obtain by any means, another person, intending or knowing that the person will be subjected to involuntary servitude; or
- (2) Benefits, financially or by receiving anything of value, from participation in a venture that has engaged in an act described in § 39-13-307.
- (b) In addition to any other amount of loss identified or any other punishment imposed, the court shall order restitution to the victim or victims in an amount equal to the greater of:
- (1) The gross income or value of the benefit received by the defendant as the result of the victim's labor or services; or
- (2) The value of the victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) (29 U.S.C. § 201 et seq.), or the minimum wage required in this state, whichever is higher.
- (c)
- (1) Trafficking for forced labor or services is a Class C felony.
- (2) Trafficking for forced labor or services is a Class A felony if the victim was more than twelve (12) years of age but less than eighteen (18) years of age.
History (3)
- Acts 2008, ch. 1140, § 3
- 2022, ch. 1089, § 3
- 2022, ch. 1115, § 20.
§ 39-13-309. Trafficking for commercial sex act. - (a) A person commits the offense of trafficking a person for a commercial sex act who:
- (1) Knowingly subjects, attempts to subject, benefits from, or attempts to benefit from another person's provision of a commercial sex act;
- (2) Recruits, entices, harbors, transports, provides, purchases, or obtains by any other means, another person for the purpose of providing a commercial sex act; or
- (3) Commits the acts in this subsection (a) when the intended victim of the offense is a law enforcement officer or a law enforcement officer eighteen (18) years of age or older posing as a minor.
- (b) For purposes of subdivision (a)(2), such means may include, but are not limited to:
- (1) Causing or threatening to cause physical harm to the person;
- (2) Physically restraining or threatening to physically restrain the person;
- (3) Abusing or threatening to abuse the law or legal process;
- (4) Knowingly destroying, concealing, removing, confiscating or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of the person;
- (5) Using blackmail or using or threatening to cause financial harm for the purpose of exercising financial control over the person; or
- (6) Facilitating or controlling a person's access to a controlled substance.
- (c)
- (1) A violation of subsection (a) is a Class B felony, except as provided in subdivision (c)(2).
- (2) A violation of subsection (a) is a Class A felony if the victim of the offense is a child more than twelve (12) years of age but less than eighteen (18) years of age.
- (d) It is not a defense to a violation of this section that:
- (1) The intended victim of the offense is a law enforcement officer;
- (2) The victim of the offense is a minor who consented to the act or acts constituting the offense;
- (3) The solicitation was unsuccessful, the conduct solicited was not engaged in, or the law enforcement officer could not engage in the solicited offense; or
- (4) The person charged was ignorant or mistaken as to the age of a minor.
- (e) Notwithstanding this section to the contrary, if it is determined after a reasonable detention for investigative purposes that a victim of trafficking for a commercial sex act under this section is under eighteen (18) years of age, then that person is immune from prosecution for prostitution as a juvenile or adult. A law enforcement officer who takes a person under eighteen (18) years of age into custody as a suspected victim under this section shall, upon determination that the person is a minor, provide the minor with the telephone number for the Tennessee human trafficking resource center hotline, notify the department of children's services, and release the minor to the custody of a parent or legal guardian or transport the minor to a shelter facility designated by the juvenile court judge to facilitate the release of the minor to the custody of a parent or guardian.
- (f) It is a defense to prosecution under this section, including as an accomplice or co-conspirator, that a minor charged with a violation of this section was so charged for conduct that occurred because the minor is also a victim of an act committed in violation of this section or § 39-13-307, or because the minor is also a victim as defined by the federal Trafficking Victims Protection Act (22 U.S.C. § 7102).
History (7)
- Acts 2008, ch. 1140, § 3
- 2012, ch. 1075, § 2
- 2013, ch. 465, § 2
- 2016, ch. 634, § 1
- 2019, ch. 123, §§ 1, 2
- 2022, ch. 1089, § 4
- 2022, ch. 1115, §§ 13, 14, 21.
§ 39-13-311. Violations by corporations. - A corporation may be prosecuted for a violation of §§ 39-13-308 and 39-13-309 for an act or omission constituting a crime under this part only if an agent of the corporation performs the conduct that is an element of the crime while acting within the scope of the agent's office or employment and on behalf of the corporation and the commission of the crime was either authorized, requested, commanded, performed or within the scope of the agent’s employment on behalf of the corporation or constituted a pattern of illegal activity that an agent of the company knew or should have known was occurring.
History (1)
- Acts 2008, ch. 1140, § 3.
§ 39-13-312. Manner in which proceeds from forfeitures are distributed and used. - (a) Chapter 11, part 7 of this title shall govern the procedure by which property subject to forfeiture pursuant to § 39-11-703(c) is forfeited, and this section shall govern the manner in which proceeds from forfeitures are distributed and used.
- (b) Notwithstanding § 39-11-713, the proceeds from all forfeitures made pursuant to § 39-11-703(c) shall first be applied to the reasonable expenses of the forfeiture proceeding, including the expenses of the district attorney general, and the costs of seizing and maintaining custody of the forfeited property. Parties seeking repayment for forfeiture-related expenses shall file a request detailing the expenses incurred in the forfeiture procedure with the judge of the court in which the forfeiture occurred. The judge shall, if such judge is satisfied that the expenses claimed were both incurred and reasonable, direct the clerk to pay such expenses from the proceeds prior to transmitting them to the state general fund.
- (c) The clerk of the court where the forfeiture occurs shall transmit forty percent (40%) of the proceeds from all forfeitures made pursuant to § 39-11-703(c) as follows:
- (1) Twenty percent (20%) to the law enforcement agency conducting the investigation that resulted in the forfeiture for use in training and equipment for the enforcement of the human trafficking laws; and
- (2) Twenty percent (20%) to the district attorneys general conference for education, expenses, expert services, training or the enhancement of resources for the prosecution of and asset forfeiture in human trafficking cases.
- (d) The clerk of the court where the forfeiture occurs shall retain five percent (5%) of the proceeds from all forfeitures made pursuant to § 39-11-703(c).
- (e) The clerk shall transmit the remainder of the proceeds to the state general fund, where there is established a general fund reserve to be allocated through the general appropriations act, which shall be known as the anti-human trafficking fund. The fund shall be managed by the treasurer and moneys from the fund shall be expended to fund activities authorized by this section. Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund at the end of the fiscal year. Any excess revenues or interest earned by the revenues shall not revert at the end of the fiscal year, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from the reserve shall not revert to the general fund at the end of the fiscal year, but shall remain available for expenditure in subsequent fiscal years.
- (f)
- (1) The general assembly shall appropriate, through the general appropriations act, moneys from the anti-human trafficking fund to the department of finance and administration for the department to provide grants to agencies or groups that are incorporated as a not-for-profit organization, are tax-exempt under § 501 of the Internal Revenue Code (26 U.S.C. § 501), and that have provided services to victims of human trafficking for at least six (6) months prior to the application for funds under this subsection (f). The commissioner of finance and administration shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the distribution and use of the grant funds provided by it.
- (2) The grants shall be for the purpose of:
- (A) Providing direct services to victims of human trafficking;
- (B) Conducting programs for the prevention of human trafficking; or
- (C) Conducting education, training, or public outreach programs about human trafficking.
§ 39-13-313. Tennessee Human Trafficking Resource Center Hotline Act. - (a) This section shall be known and may be cited as the “Tennessee Human Trafficking Resource Center Hotline Act.”
- (b) There is created the Tennessee human trafficking resource center hotline to be established and maintained by the Tennessee bureau of investigation in a manner consistent with this section.
- (c) Any governmental entity or private business or establishment that provides or offers a place of assembly or entertainment, transportation, lodging, dining, educational, medical or leisure activities or services, or any business or establishment that is licensed by the state or any political subdivision thereof, or that is engaged in commerce in this state is strongly encouraged to post a sign indicating certain information regarding the Tennessee human trafficking resource center hotline in a location within the governmental entity or establishment where it is visible to employees and the general public. The sign shall be no smaller than eight and one-half inches by eleven inches (8 ½″ x 11″). Unless stated otherwise in this section, it may be posted near the entrance of the establishment or prominently where notices are usually posted. The sign shall state the following:
-
- Tennessee Human Trafficking Resource Center Hotline at 1-855-588-6484.
-
- If you or someone you know is being forced to engage in any activity and cannot leave — whether it is commercial sex, housework, farm work or any other activity — call the Tennessee Human Trafficking Hotline to access help and services.
-
- Victims of human trafficking are protected under United States and Tennessee law.
-
- The hotline is:
- Anonymous and confidential
- Available 24/7
- Toll free
- Available to Non-English speaking callers through assistance of Interpreters
-
- (d) All calls made to the human trafficking resource center hotline, the content of any conversation thereon and the telephone number from which the call was made is confidential, is not an open record and not available for public inspection except by order of a court of competent jurisdiction when necessary in a pending criminal investigation.
- (e)
- (1) Any entity or establishment posting a sign pursuant to this section may post the sign in English, Spanish and any other language mandated by the Voting Rights Act of 1965, P.L. 89-110 (42 U.S.C. § 1973 et seq.), in the county where the sign will be posted.
- (2) The title of the sign, the Tennessee human trafficking resource center hotline at 1-855-588-6484, shall be boldfaced, underlined and no smaller than twenty-eight (28) point font size.
- (3) The department of labor and workforce development shall provide the sign authorized by this section on its internet website for entities or establishments to print as needed.
- (4) The department of labor and workforce development shall periodically send an electronic notification to any business or establishment that is licensed by the state or any political subdivision thereof that encourages posting pursuant to this section.
§ 39-13-314. Offense of human trafficking. - (a) As used in this part, unless the context otherwise indicates:
- (1) “Human trafficking offense” means the commission of any act that constitutes the criminal offense of:
- (A) Involuntary labor servitude, under § 39-13-307;
- (B) Trafficking persons for forced labor or services, under § 39-13-308;
- (C) Trafficking for commercial sex act, under § 39-13-309;
- (D) Patronizing prostitution, under § 39-13-514(b)(3)(A); or
- (E) Promoting prostitution, under § 39-13-515(c); and
- (2) “Trafficked person” means a victim of a human trafficking offense.
- (b)
- (1) A trafficked person may bring a civil action for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those or any other appropriate relief.
- (2) A prevailing plaintiff is entitled to an award of attorney's fees and costs.
- (c) Restitution under this section shall include items covered by the criminal injuries compensation fund under § 40-24-107 and any of the following, if not already covered by the court's restitution order:
- (1) Costs of medical and psychological treatment, including physical and occupational therapy and rehabilitation, at the court's discretion;
- (2) Costs of necessary transportation, temporary housing, and child care, at the court's discretion;
- (3) Attorney's fees and other court-related costs such as victim advocate fees;
- (4) The greater of:
- (A) The value of the victim’s labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA) (compiled in 29 U.S.C. § 201 et seq.), or state equivalent; or
- (B) The gross income or value to the defendant of the victim's labor or services or of any commercial sex acts engaged in by the victim while in the human trafficking situation;
- (5) Return of property, cost of damage to property, or full value of property if destroyed or damaged beyond repair;
- (6) Compensation for emotional distress, pain, and suffering;
- (7)
- (A) Expenses incurred by a victim and any household members or other family members in relocating away from the defendant or the defendant's associates, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items;
- (B) Expenses incurred pursuant to subdivision (c)(7)(A) shall be verified by law enforcement to be necessary for the personal safety of the victim or household or family members, or by a mental health treatment provider to be necessary for the emotional well-being of the victim;
- (8) Repatriation of the victim to the victim's home country, if applicable; and
- (9) Any and all other losses suffered by the victim as a result of human trafficking offenses.
- (d)
- (1) A legal guardian, family member, representative of the trafficked person or court appointee may represent the trafficked person or the trafficked person's estate if deceased.
- (2) If the trafficked person dies as a result of a human trafficking offense, a surviving spouse of the trafficked person is eligible for restitution. If no surviving spouse exists, restitution shall be paid to the trafficked person's issue or their descendants per stirpes. If no surviving spouse, issue, or descendants exist, restitution shall be paid to the trafficked person's estate.
- (e) A person named in this section may not receive any funds from restitution if such person engaged in violations of a human trafficking offense.
- (f) A person who is convicted of a human trafficking offense is required, if eligible, to obtain a valid driver license or photo identification license that has been properly designated by the department of safety pursuant to § 55-50-353(b).
History (3)
- Acts 2012, ch. 613, § 1.
- 2022, ch. 1015, § 2
- 2022, ch. 1089, § 5.
§ 39-13-315. Offense of advertising commercial sexual abuse of a minor. - (a) A person commits the offense of advertising commercial sexual abuse of a minor if the person knowingly sells or offers to sell an advertisement that would appear to a reasonable person to be for the purpose of engaging in what would be a commercial sex act, as defined in § 39-13-301, with a minor.
- (b)
- (1) Advertising commercial sexual abuse of a minor is a Class C felony.
- (2) In addition to any authorized period of incarceration, advertising commercial sexual abuse of a minor is punishable by a minimum fine of ten thousand dollars ($10,000).
- (c) In a prosecution under this section, it is not a defense that the defendant did not know the age of the minor depicted in the advertisement. It is a defense, which the defendant must prove by a preponderance of the evidence, that at the time of the offense, the defendant made a reasonable bona fide attempt to ascertain the true age of the minor appearing in the advertisement by requiring, prior to publication of the advertisement, production of a driver license, marriage license, birth certificate, or other governmental or educational identification card or paper of the minor depicted in the advertisement and did not rely solely on oral or written allegations of the minor’s age or the apparent age of the minor.
History (1)
- Acts 2012, ch. 1075, § 3.
§ 39-13-316. Aggravated human trafficking. - (a) Aggravated human trafficking is the commission of an act that constitutes any of the following criminal offenses, if the victim of the criminal offense is under thirteen (13) years of age:
- (1) Involuntary labor servitude, under § 39-13-307;
- (2) Trafficking persons for forced labor or services, under § 39-13-308;
- (3) Trafficking for commercial sex act, under § 39-13-309;
- (4) Patronizing prostitution, under § 39-13-514; or
- (5) Promoting prostitution, under § 39-13-515.
- (b)
- (1) Aggravated human trafficking is a Class A felony.
- (2) Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon the person may, if appropriate, be within Range III but in no case shall it be lower than Range II.
- (3) Section 39-13-525(a) does not apply to a person sentenced for a violation of this section under subdivision (a)(3), (a)(4), or (a)(5).
- (4) Notwithstanding another law to the contrary, the board of parole may require, as a mandatory condition of supervision for a person convicted of a violation of this section under subdivision (a)(3), (a)(4), or (a)(5), that the person be enrolled in a satellite-based monitoring program for the full extent of the person's term of supervision consistent with the requirements of § 40-39-302.
- (c) Title 40, chapter 35, part 5, regarding release eligibility status and parole, does not apply to or authorize the release of a person convicted of a violation of this section prior to service of the entire sentence imposed by the court.
- (d) Title 41, chapter 1, part 5, does not give either the governor or the board of parole the authority to release or cause the release of a person convicted of a violation of this section prior to the service of the entire sentence imposed by the court.
History (1)
- Acts 2022, ch. 1089, § 1.
Part 4 Robbery § 39-13-401. Robbery. - (a) Robbery is the intentional or knowing theft of property from the person of another by violence or putting the person in fear.
- (b) Robbery is a Class C felony.
History (2)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1030, § 16.
§ 39-13-402. Aggravated robbery. - (a) Aggravated robbery is robbery as defined in § 39-13-401:
- (1) Accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon; or
- (2) Where the victim suffers serious bodily injury.
- (b) Aggravated robbery is a Class B felony.
§ 39-13-404. Carjacking. - (a) “Carjacking” is the intentional or knowing taking of a motor vehicle from the possession of another by use of:
- (1) A deadly weapon; or
- (2) Force or intimidation.
- (b) Carjacking is a Class B felony.
Part 5 Sexual Offenses § 39-13-501. Definitions for §§ 39-13-501 — 39-13-511. - As used in §§ 39-13-501 — 39-13-511, except as specifically provided in § 39-13-505, unless the context otherwise requires:
- (1) “Coercion” means threat of kidnapping, extortion, force or violence to be performed immediately or in the future or the use of parental, custodial, or official authority over a child less than fifteen (15) years of age;
- (2) “Intimate parts” includes semen, vaginal fluid, the primary genital area, groin, inner thigh, buttock or breast of a human being;
- (3) “Mentally defective” means that a person suffers from a mental disease or defect which renders that person temporarily or permanently incapable of appraising the nature of the person's conduct;
- (4) “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling the person's conduct due to the influence of a narcotic, anesthetic or other substance administered to that person without the person's consent, or due to any other act committed upon that person without the person's consent;
- (5) “Physically helpless” means that a person is unconscious, asleep or for any other reason physically or verbally unable to communicate unwillingness to do an act;
- (6) “Sexual contact” includes the intentional touching of the victim's, the defendant's, or any other person's intimate parts, or the intentional touching of the clothing covering the immediate area of the victim's, the defendant's, or any other person's intimate parts, if that intentional touching can be reasonably construed as being for the purpose of sexual arousal or gratification;
- (7) “Sexual penetration” means sexual intercourse, cunnilingus, fellatio, anal intercourse, or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal openings of the victim's, the defendant's, or any other person's body, but emission of semen is not required; and
- (8) “Victim” means the person alleged to have been subjected to criminal sexual conduct and includes the spouse of the defendant.
History (4)
- Acts 1989, ch. 591, § 1
- 1997, ch. 256, § 2
- 2005, ch. 456, § 1
- 2013, ch. 172, § 1.
§ 39-13-502. Aggravated rape. - (a) Aggravated rape is unlawful sexual penetration of a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:
- (1) Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
- (2) The defendant causes bodily injury to the victim;
- (3) The defendant is aided or abetted by one (1) or more other persons; and
- (A) Force or coercion is used to accomplish the act; or
- (B) The defendant knows or has reason to know that the victim is:
- (i) Mentally defective;
- (ii) Mentally incapacitated;
- (iii) Physically helpless;
- (iv) A vulnerable adult, as defined in § 39-15-501, with an intellectual disability; or
- (4) The defendant knows that the defendant is infected with HIV. As used in this subdivision (a)(4), “HIV” means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome.
- (b)
- (1) Aggravated rape is a Class A felony.
- (2) Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case shall it be lower than Range II.
History (6)
- Acts 1989, ch. 591, § 1
- 1990, ch. 980, § 3
- 1992, ch. 878, § 3
- 2021, ch. 500, § 3
- 2023, ch. 155, § 2
- 2024, ch. 844, § 1.
§ 39-13-503. Rape. - (a) Rape is unlawful sexual penetration of a victim by the defendant or of the defendant by a victim accompanied by any of the following circumstances:
- (1) Force or coercion is used to accomplish the act;
- (2) The sexual penetration is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the penetration that the victim did not consent;
- (3) The defendant knows or has reason to know that the victim is:
- (A) Mentally defective;
- (B) Mentally incapacitated;
- (C) Physically helpless; or
- (D) A vulnerable adult, as defined in § 39-15-501, with an intellectual disability; or
- (4) The sexual penetration is accomplished by fraud.
- (b)
- (1)
- (A) Except as provided in subdivision (b)(1)(B), rape is a Class B felony.
- (B) If the victim of the offense is at least thirteen (13) years of age but less than eighteen (18) years of age, rape is a Class B felony and, notwithstanding title 40, chapter 35, the defendant shall be punished as a Range II offender; however, the sentence imposed upon the defendant may, if appropriate, be within Range III but in no case shall it be lower than Range II.
- (2) Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case shall it be lower than Range II.
History (7)
- Acts 1989, ch. 591, § 1
- 1995, ch. 484, § 1
- 1997, ch. 406, § 1
- 2005, ch. 353, § 11
- 2021, ch. 500, § 4
- 2023, ch. 155, § 3
- 2023, ch. 283, § 1.
§ 39-13-504. Aggravated sexual battery. - (a) Aggravated sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:
- (1) Force or coercion is used to accomplish the act and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
- (2) The defendant causes bodily injury to the victim;
- (3) The defendant is aided or abetted by one (1) or more other persons; and
- (A) Force or coercion is used to accomplish the act; or
- (B) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
- (4) The victim is less than thirteen (13) years of age.
- (b) Aggravated sexual battery is a Class B felony.
History (2)
- Acts 1989, ch. 591, § 1
- 1993, ch. 289, § 1.
§ 39-13-505. Sexual battery. - (a) Sexual battery is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by any of the following circumstances:
- (1) Force or coercion is used to accomplish the act;
- (2) The sexual contact is accomplished without the consent of the victim and the defendant knows or has reason to know at the time of the contact that the victim did not consent;
- (3) The defendant knows or has reason to know that the victim is mentally defective, mentally incapacitated or physically helpless; or
- (4) The sexual contact is accomplished by fraud.
- (b) As used in this section, “coercion” means the threat of kidnapping, extortion, force or violence to be performed immediately or in the future.
- (c) For purposes of this section, a victim is incapable of consent if:
- (1) The sexual contact with the victim occurs during the course of a consultation, examination, ongoing treatment, therapy, or other provision of professional services described in subdivision (c)(2); and
- (2) The defendant, whether licensed by the state or not, is a member of the clergy, healthcare professional, or alcohol and drug abuse counselor who was treating the victim for a mental, emotional, or physical condition.
- (d) Sexual battery is a Class E felony.
History (7)
- Acts 1989, ch. 591, § 1
- 1995, ch. 484, § 2
- 1996, ch. 675, § 74
- 1997, ch. 256, § 3
- 1997, ch. 406, § 3
- 2005, ch. 353, § 12
- 2021, ch. 509, § 1.
§ 39-13-506. Mitigated statutory rape — Statutory rape — Aggravated statutory rape. - (a) Mitigated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim when the victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is at least four (4) but not more than five (5) years older than the victim.
- (b) Statutory rape is the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when:
- (1) The victim is at least thirteen (13) but less than fifteen (15) years of age and the defendant is at least four (4) years but less than ten (10) years older than the victim; or
- (2) The victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is more than five (5) but less than ten (10) years older than the victim.
- (c) Aggravated statutory rape is the unlawful sexual penetration of a victim by the defendant, or of the defendant by the victim when the victim is at least thirteen (13) but less than eighteen (18) years of age and the defendant is at least ten (10) years older than the victim.
- (d)
- (1) Mitigated statutory rape is a Class E felony.
- (2)
- (A) Statutory rape is a Class E felony.
- (B) In addition to the punishment provided for a person who commits statutory rape for the first time, the trial judge may order, after taking into account the facts and circumstances surrounding the offense, including the offense for which the person was originally charged and whether the conviction was the result of a plea bargain agreement, that the person be required to register as a sexual offender pursuant to title 40, chapter 39, part 2.
- (3) Aggravated statutory rape is a Class D felony.
History (7)
- Acts 1989, ch. 591, § 1
- 1990, ch. 980, § 4
- 1994, ch. 719, § 1
- 2005, ch. 487, § 4
- 2006, ch. 890, § 5
- 2007, ch. 594, § 7
- 2012, ch. 883, § 1.
§ 39-13-507. Prohibited uses of sexual assault forensic evidence. - Sexual assault forensic evidence obtained pursuant to § 39-13-519 may not be used:
- (1) To prosecute a sexual assault victim for any misdemeanor offense or any offense defined under title 39, chapter 17, part 4; or
- (2) As a basis to search for further evidence of any unrelated misdemeanor offense or any offense defined under title 39, chapter 17, part 4, that may have been committed by the sexual assault victim.
§ 39-13-508. Abolition of common law offenses of seduction and criminal conversation. - (a) No cause of action shall be maintained that is based upon the common law torts of seduction or criminal conversation, and those torts are abolished.
- (b) Nothing in this section shall be construed as prohibiting a cause of action based upon a sexual offense, which offenses include, but are not limited to, those set out in this part.
History (1)
- Acts 1990, ch. 1056, § 1.
§ 39-13-509. Sexual contact with a minor — Sexual contact by an authority figure. - (a) It is an offense for a defendant to engage in unlawful sexual contact with a minor when:
- (1) The minor is less than eighteen (18) years of age;
- (2) The defendant is at least four (4) years older than the victim; and
- (3) The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the minor by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the sexual contact; or
- (4) The defendant had, at the time of the offense, parental or custodial authority over the minor and used the authority to accomplish the sexual contact.
- (b) As used in this section, “sexual contact” means the defendant intentionally touches or kisses the minor's lips with the defendant's lips if such touching can be reasonably construed as being for the purpose of sexual arousal or gratification.
- (c) Sexual contact by an authority figure is a Class A misdemeanor with a mandatory minimum fine of one thousand dollars ($1,000).
- (d) Each instance of unlawful sexual contact shall be considered a separate offense.
History (2)
- Acts 2011, ch. 88, § 1
- 2016, ch. 1038, § 1.
§ 39-13-511. Indecent exposure. - (a)
- (1) A person commits the offense of indecent exposure who:
- (A) In a public place or on the private premises of another, or so near thereto as to be seen from the private premises:
- (i) Intentionally:
- (a) Exposes the person's genitals or buttocks to another; or
- (b) Engages in sexual contact or sexual penetration as defined in § 39-13-501; and
- (ii) Reasonably expects that the acts will be viewed by another and the acts:
- (a) Will offend an ordinary viewer; or
- (b) Are for the purpose of sexual arousal and gratification of the defendant; or
- (B)
- (i) Knowingly invites, entices or fraudulently induces the child of another into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the child:
- (a) Exposure of such person's genitals, buttocks or female breasts; or
- (b) Masturbation;
- (ii) Knowingly engages in the person's own residence, in the intended presence of any child, for the defendant's sexual arousal or gratification the following intentional conduct:
- (a) Exposure of the person's genitals, buttocks or female breasts; or
- (b) Masturbation;
- (iii) Knowingly invites, entices, or fraudulently induces a minor into the person's residence for the purpose of attaining sexual arousal or gratification by intentionally engaging in the following conduct in the presence of the minor without the consent of the minor:
- (a) Exposure of such person's genitals, buttocks, or female breasts; or
- (b) Masturbation; or
- (iv) Knowingly engages in the person's own residence, in the intended presence of any minor, without the consent of the minor, for the defendant's sexual arousal or gratification the following intentional conduct:
- (a) Exposure of the person's genitals, buttocks, or female breasts; or
- (b) Masturbation.
- (2) No prosecution shall be commenced for a violation of subdivision (a)(1)(B)(ii)(a) based solely upon the uncorroborated testimony of a witness who shares with the accused any of the relationships described in § 36-3-601(5).
- (3)
- (A) For subdivision (a)(1)(B)(i) or (a)(1)(B)(ii) to apply, the defendant must be eighteen (18) years of age or older and the child victim must be less than thirteen (13) years of age.
- (B) For subdivision (a)(1)(B)(iii) or (a)(1)(B)(iv) to apply, the defendant must be eighteen (18) years of age or older and the child victim must be at least thirteen (13) but no more than seventeen (17) years of age.
- (b)
- (1) “Indecent exposure,” as defined in subsection (a), is a Class B misdemeanor, unless subdivision (b)(2), (b)(3) or (b)(4) applies.
- (2) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, indecent exposure is a Class A misdemeanor.
- (3) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, and the defendant has any combination of two (2) or more prior convictions under this section or § 39-13-517, or is a sexual offender, violent sexual offender or violent juvenile sexual offender, as defined in § 40-39-202, the offense is a Class E felony.
- (4) If the defendant is eighteen (18) years of age or older and the victim is under thirteen (13) years of age, and the offense occurs on the property of any public school, private or parochial school, licensed day care center or other child care facility during a time at which a child or children are likely to be present on the property, the offense is a Class E felony.
- (c)
- (1) A person confined in a penal institution, as defined in § 39-16-601, commits the offense of indecent exposure who with the intent to abuse, torment, harass or embarrass a guard or staff member:
- (A) Intentionally exposes the person's genitals or buttocks to the guard or staff member; or
- (B) Engages in sexual contact as defined in § 39-13-501.
- (2) For purposes of this subsection (c):
- (A) “Guard” means any sheriff, jailer, guard, correctional officer, or other authorized personnel charged with the custody of the person; and
- (B) “Staff member” means any other person employed by a penal institution or who performs ongoing services in a penal institution, including, but not limited to, clergy, educators, and medical professionals.
- (3)
- (A) Notwithstanding subsection (b), a violation of this subsection (c) is a Class E felony.
- (B) A sentence imposed for a violation of this subsection (c) must include a mandatory minimum sentence of fourteen (14) days of incarceration to be served consecutive to any other sentence the person is serving at the time of the offense.
- (C) If a person is convicted of more than one (1) violation of this subsection (c), then the sentence imposed for each violation must be served consecutive to any other sentence imposed.
- (d) This section does not apply to a mother who is breastfeeding her child in any location, public or private.
- (e) As used in this section, “public place” means a place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds and hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and a restroom, locker room, dressing room, or shower, designated for multi-person, single-sex use. An act is deemed to occur in a public place if it produces its offensive or proscribed consequences in a public place.
History (15)
- Acts 1989, ch. 591, § 1
- 1990, ch. 980, § 33
- 1994, ch. 542, §§ 1-3
- 1998, ch. 755, § 1
- 1999, ch. 189, § 1
- 2006, ch. 617, § 2
- 2007, ch. 209, § 1
- 2009, ch. 414, §§ 1, 2
- 2011, ch. 91, § 2
- 2012, ch. 885, § 1
- 2012, ch. 1076, § 1
- 2019, ch. 45, §§ 1, 2
- 2019, ch. 251, §§ 1, 2
- 2024, ch. 1023, §§ 1, 2
- 2024, ch. 1049, § 1.
§ 39-13-512. Prostitution — Definitions. - As used in §§ 39-13-512 — 39-13-515, unless the context otherwise requires:
- (1) “House of prostitution” means any place where prostitution or the promotion of prostitution is regularly carried on by one (1) or more persons under the control, management or supervision of another;
- (2) “Inmate” means, within the meaning of this part concerning prostitution, a person who engages in prostitution in or through the agency of a house of prostitution;
- (3) “Patronizing prostitution” means soliciting or hiring another person with the intent that the other person engage in prostitution, or entering or remaining in a house of prostitution for the purpose of engaging in sexual activity;
- (4)
- (A) “Promoting prostitution” means:
- (i) Owning, controlling, managing, supervising, or in any way keeping, alone or in association with others, a business for the purpose of engaging in prostitution, or a house of prostitution;
- (ii) Procuring an inmate for a house of prostitution;
- (iii) Encouraging, inducing, or otherwise purposely causing another to become a prostitute;
- (iv) Soliciting a person to patronize a prostitute;
- (v) Procuring a prostitute for a patron; or
- (vi) Soliciting, receiving, or agreeing to receive any benefit for engaging in any of the activities defined in subdivisions (4)(A)(i)-(v); and
- (B) “Promoting prostitution” does not include a person who solicits, procures, induces, encourages, or attempts to cause another to patronize a prostitute if:
- (i) The person promoting the prostitute and the prostitute being promoted are the same person; and
- (ii) The intent of the promotion is the solicitation of business for only the prostitute engaging in the promotion;
- (5) “Promoting prostitution of a minor” means engaging in any of the activities described in subdivision (4) when one (1) or more of the persons engaged in prostitution is less than eighteen (18) years of age or has an intellectual disability;
- (6) “Prostitution” means engaging in, or offering to engage in, sexual activity as a business or being an inmate in a house of prostitution or loitering in a public place for the purpose of being hired to engage in sexual activity; and
- (7) “Sexual activity” means any sexual relations including homosexual sexual relations.
History (4)
- Acts 1989, ch. 591, § 1
- 1995, ch. 296, § 1
- 2011, ch. 377, § 3
- 2016, ch. 979, § 1.
§ 39-13-513. Prostitution — Defenses. - (a) A person commits an offense under this section who engages in prostitution.
- (b)
- (1) Prostitution is a Class B misdemeanor.
- (2) Prostitution committed within one hundred feet (100′) of a church or within one and one-half (1½) miles of a school, such distance being that established by § 49-6-2101, for state-funded school transportation, is a Class A misdemeanor.
- (3) A person convicted of prostitution within one and one-half (1½) miles of a school shall, in addition to any other authorized punishment, be sentenced to at least seven (7) days of incarceration and be fined at least one thousand dollars ($1,000).
- (c) As used in subsection (b), “school” means all public and private schools that conduct classes in any grade from kindergarten through grade twelve (K-12).
- (d) Notwithstanding any provision of this section to the contrary, if it is determined after a reasonable detention for investigative purposes, that a person suspected of or charged with a violation of this section is under eighteen (18) years of age, that person is immune from prosecution for prostitution as a juvenile or adult. A law enforcement officer who takes a person under eighteen (18) years of age into custody for a suspected violation of this section shall, upon determination that the person is a minor, provide the minor with the telephone number for the Tennessee human trafficking resource center hotline, notify the department of children's services, and release the minor to the custody of a parent or legal guardian or transport the minor to a shelter care facility designated by the juvenile court judge to facilitate the release of the minor to the custody of a parent or legal guardian.
- (e) It is a defense to prosecution under this section that a person charged with a violation of this section was so charged for conduct that occurred because the person was a victim of an act committed in violation of § 39-13-307 or § 39-13-309, or because the person was a victim as defined under the Trafficking Victims Protection Act (22 U.S.C. § 7102).
History (7)
- Acts 1989, ch. 591, § 1
- 1995, ch. 118, § 1
- 2011, ch. 377, § 1
- 2012, ch. 891, § 1
- 2015, ch. 67, § 1
- 2015, ch. 264, § 1
- 2021, ch. 246, § 1.
§ 39-13-514. Patronizing prostitution — Unacceptable defenses. - (a) A person commits an offense under this section:
- (1) Who patronizes prostitution; or
- (2) When a person patronizes prostitution where the subject of the offense is a law enforcement officer or a law enforcement officer eighteen (18) years of age or older posing as a minor.
- (b)
- (1) Patronizing prostitution is a Class A misdemeanor.
- (2) Patronizing prostitution within one and one-half (1.5) miles of a school shall, in addition to any other authorized punishment, be punished by no less than seven (7) days of incarceration and by a fine of not less than one thousand dollars ($1,000).
- (3)
- (A) Patronizing prostitution from a person who is younger than eighteen (18) years of age, has an intellectual disability, or is a law enforcement officer posing as a minor is punishable as trafficking for commercial sex acts under § 39-13-309.
- (B) Nothing in this subdivision (b)(3) shall be construed as prohibiting prosecution under any other applicable law.
- (c) As used in subsection (b), “school” means all public and private schools that conduct classes in any grade from kindergarten through grade twelve (K-12).
- (d) It is not a defense to a violation of this section that:
- (1) The subject of the offense is a law enforcement officer;
- (2) The victim of the offense is a minor and consented to the offense; or
- (3) The solicitation was unsuccessful, the conduct solicited was not engaged in, or the law enforcement officer could not engage in the solicited offense.
History (7)
- Acts 1989, ch. 591, § 1
- 1995, ch. 118, § 2
- 2011, ch. 377, § 2
- 2014, ch. 957, §§ 1, 2
- 2017, ch. 169, § 1
- 2019, ch. 123, §§ 3, 4
- 2022, ch. 1115, § 23.
§ 39-13-515. Promoting prostitution — Unacceptable defenses. - (a) A person commits an offense under this section:
- (1) Who promotes prostitution; or
- (2) Who promotes prostitution where the subject of the offense is a law enforcement officer or is a law enforcement officer eighteen (18) years of age or older posing as a minor.
- (b) Except as provided in subsection (c), promoting prostitution is a Class E felony.
- (c) Promoting prostitution of a person more than twelve (12) years of age but less than eighteen (18) years of age or a person with an intellectual disability as defined in § 33-1-101 is a Class A felony.
- (d) It is not a defense to a violation of this section that:
- (1) The subject of the offense is a law enforcement officer;
- (2) The victim of the offense is a minor and consented to the offense; or
- (3) The solicitation was unsuccessful, the conduct solicited was not engaged in, or a law enforcement officer could not engage in the solicited offense.
History (8)
- Acts 1989, ch. 591, § 1
- 2011, ch. 377, § 4
- 2013, ch. 485, § 1
- 2014, ch. 646, § 1
- 2018, ch. 1019, § 1
- 2019, ch. 123, §§ 5, 6
- 2022, ch. 1089, § 6
- 2022, ch. 1115, § 22.
§ 39-13-516. Aggravated prostitution. - (a) A person commits aggravated prostitution when, knowing that such person is infected with HIV, the person engages in sexual activity as a business or is an inmate in a house of prostitution or loiters in a public place for the purpose of being hired to engage in sexual activity.
- (b) For the purposes of this section, “HIV” means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome.
- (c) Nothing in this section shall be construed to require that an infection with HIV has occurred in order for a person to have committed aggravated prostitution.
- (d) Aggravated prostitution is a Class C felony.
§ 39-13-517. Public indecency. - (a) As used in this section:
- (1) “Nudity” or “state of nudity” means the showing of the bare human male or female genitals or pubic area with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of the areola, or the showing of the covered male genitals in a discernibly turgid state. Nudity or state of nudity does not include a mother in the act of nursing the mother's baby; and
- (2)
- (A)
- (i) “Public place” means any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. Public place includes, but is not limited to, streets, sidewalks, parks, beaches, business and commercial establishments, whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement, bottle clubs, hotels, motels, restaurants, night clubs, country clubs, cabarets and meeting facilities utilized by any religious, social, fraternal or similar organizations;
- (ii) For purposes of subdivision (b)(1) and (b)(2), “public place” includes a public restroom, whether single sex or not;
- (B) Premises used solely as a private residence, whether permanent or temporary in nature, are not deemed to be a public place. Public place does not include enclosed single sex functional showers, locker or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctors' offices, portions of hospitals and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein; nor does it include a person appearing in a state of nudity in a modeling class operated by a proprietary school, licensed by this state, a college, junior college, or university supported entirely or partly by taxation, or a private college or university where such private college or university maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation or an accredited private college. Public place does not include a private facility that has been formed as a family-oriented clothing optional facility, properly licensed by the state.
- (b) A person commits the offense of public indecency who, in a public place, knowingly or intentionally:
- (1) Engages in sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or other ultimate sex acts;
- (2) Fondles the genitals of the person, or another person; or
- (3) Appears in a state of nudity or performs an excretory function.
- (c) A person does not violate subsection (b) if the person makes intentional and reasonable attempts to conceal the person from public view while performing an excretory function, and the person performs the function in an unincorporated area of the state.
- (d) Public indecency is punishable as follows:
- (1) A first or second offense is a Class B misdemeanor punishable only by a fine of five hundred dollars ($500) unless otherwise specified under subdivision (d)(3);
- (2) Unless subdivision (d)(3) applies, a third or subsequent offense is a Class A misdemeanor punishable by a fine of one thousand five hundred dollars ($1,500) or confinement for not more than eleven (11) months and twenty-nine (29) days, or both; and
- (3)
- (A) Notwithstanding subdivisions (d)(1) and (2), where the offense involves the defendant engaging in masturbation by self-stimulation, or the use of an inanimate object, on the property of any public school, private or parochial school, licensed day care center, or other child care facility, and the defendant knows or reasonably should know that a child or children are likely to be present on the property at the time of the conduct, the offense is a Class E felony;
- (B) Where a person is charged with a violation under subdivision (d)(3)(A), and the court grants judicial diversion under § 40-35-313, the court shall order, as a condition of probation, that the person be enrolled in a satellite-based monitoring program for the full extent of the person's term of probation, in a manner consistent with the requirements of § 40-39-302.
- (e) If a person is arrested for public indecency while working as an employee or a contractor, the employer or principal may be held liable for a fine imposed by subdivision (d); provided, however, the employer may not be held liable under this section unless it is shown the employer knew or should have known the acts of the employee or contractor were in violation of this section.
- (f) This section does not apply to any theatrical production that contains nudity performed in a theater by a professional or amateur theatrical or musical company that has serious artistic merit; provided, that the production is not in violation of chapter 17, part 9 of this title.
- (g) This section shall not affect in any fashion the ability of local jurisdictions or this state to regulate any activity where alcoholic beverages, including malt beverages, are sold for consumption.
§ 39-13-518. Continuous sexual abuse of a child — Felony offense — Penalties — Notice identifying multiple acts of sexual abuse of a child. - (a) As used in this section:
- (1) “Multiple acts of sexual abuse of a child” means:
- (A)
- (i) Engaging in three (3) or more incidents of sexual abuse of a child involving the same minor child on separate occasions; provided, that at least one (1) such incident occurred within the county in which the charge is filed and that one (1) such incident occurred on or after July 1, 2014;
- (ii) Engaging in at least one (1) incident of sexual abuse of a child upon three (3) or more different minor children on separate occasions; provided, that at least one (1) such incident occurred within the county in which the charge is filed and that one (1) such incident occurred on or after July 1, 2014; or
- (iii) Engaging in five (5) or more incidents of sexual abuse of a child involving two (2) or more different minor children on separate occasions; provided, that at least one (1) such incident occurred within the county in which the charge is filed and that one (1) such incident occurred on or after July 1, 2014; and
- (B) The victims of the incidents of sexual abuse of a child share distinctive, common characteristics, qualities or circumstances with respect to each other or to the person committing the offenses, or there are common methods or characteristics in the commission of the offense, allowing otherwise individual offenses to merge into a single continuing offense involving a pattern of criminal activity against similar victims. Common characteristics, qualities or circumstances for purposes of this subdivision (a)(1)(B) include, but are not limited to:
- (i) The victims are related to the defendant by blood or marriage;
- (ii) The victims reside with the defendant; or
- (iii) The defendant was an authority figure, as defined in § 39-13-527(a)(3), to the victims and the victims knew each other; and
- (2) “Sexual abuse of a child” means to commit an act upon a minor child that is a violation of:
- (A) Aggravated rape pursuant to § 39-13-502, if the child is more than thirteen (13) but less than eighteen (18) years of age;
- (B) Rape pursuant to § 39-13-503, if the child is more than thirteen (13) but less than eighteen (18) years of age;
- (C) Aggravated sexual battery pursuant to § 39-13-504;
- (D) Rape of a child pursuant to § 39-13-522;
- (E) Sexual battery by an authority figure pursuant to § 39-13-527;
- (F) Soliciting sexual exploitation of a minor pursuant to § 39-13-529(a);
- (G) Aggravated rape of a child pursuant to § 39-13-531;
- (H) Statutory rape by an authority figure pursuant to § 39-13-532;
- (I) Trafficking for a commercial sex act pursuant to § 39-13-309, if the victim is a minor; or
- (J) Promoting prostitution pursuant to § 39-13-515, if the victim is a minor.
- (b) A person commits continuous sexual abuse of a child who:
- (1) Over a period of ninety (90) days or more, engages in multiple acts of sexual abuse of a child as defined in subdivision (a)(1)(A)(i) or (a)(1)(A)(ii); or
- (2) Over a period of less than ninety (90) days, engages in multiple acts of sexual abuse of a child as defined in subdivision (a)(1)(A)(iii).
- (c)
- (1) A violation of subsection (b) is a Class A felony if three (3) or more of the acts of sexual abuse of a child constitute violations of the following offenses:
- (A) Aggravated rape pursuant to § 39-13-502, if the child is more than thirteen (13) but less than eighteen (18) years of age;
- (B) Rape pursuant to § 39-13-503, if the child is more than thirteen (13) but less than eighteen (18) years of age;
- (C) Aggravated sexual battery pursuant to § 39-13-504;
- (D) Rape of a child pursuant to § 39-13-522;
- (E) Soliciting sexual exploitation of a minor pursuant to § 39-13-529(a);
- (F) Aggravated rape of a child pursuant to § 39-13-531;
- (G) Trafficking for a commercial sex act pursuant to § 39-13-309, if the victim is a minor; or
- (H) Promoting prostitution pursuant to § 39-13-515, if the victim is a minor.
- (2) A violation of subsection (b) is a Class B felony if two (2) of the acts of sexual abuse of a child constitute violations of offenses listed in subdivision (c)(1).
- (3) A violation of subsection (b) is a Class C felony if one (1) of the acts of sexual abuse of a child constitutes a violation of an offense listed in subdivision (c)(1).
- (4) A violation of subsection (b) is a Class C felony if at least three (3) of the acts of sexual abuse of a child constitute violations of the offenses of sexual battery by an authority figure pursuant to § 39-13-527 or statutory rape by an authority figure pursuant to § 39-13-532.
- (d) At least thirty (30) days prior to trial, the state shall file with the court a written notice identifying the multiple acts of sexual abuse of a child upon which the violation of this section is based. The notice shall include the identity of the victim and the statutory offense violated. Upon good cause, and where the defendant was unaware of the predicate offenses listed in the notice, the trial court may grant a continuance to facilitate proper notification of the incidents of sexual abuse of a child and for preparation by the defense of such incidents specified in the statement.
- (e) The jury must agree unanimously that the defendant:
- (1)
- (A) During a period of ninety (90) or more days in duration, committed three (3) or more acts of sexual abuse of a child; or
- (B) During a period of less than ninety (90) days in duration, committed five (5) or more acts of sexual abuse of a child against at least two (2) different children; and
- (2) Committed at least three (3) of the same specific acts of sexual abuse within the specified time period if prosecution is under subdivision (e)(1)(A) and at least five (5) of the same specific acts of sexual abuse within the specified time period if prosecution is under subdivision (e)(1)(B).
- (f) The state may charge alternative violations of this section and of the separate offenses committed within the same time period. The separate incidents shall be alleged in separate counts and joined in the same action. A person may be convicted either of one (1) criminal violation of this section, or for one (1) or more of the separate incidents of sexual abuse of a child committed within the county in which the charges were filed, but not both. The state shall not be required to elect submission to the jury of the several counts. The jury shall be instructed to return a verdict on all counts in the indictment. In the event that a verdict of guilty is returned on a separate count that was included in the notice of separate incidents of sexual abuse of a child and the jury returns a verdict of guilty for a violation of this section, at the sentencing hearing the trial judge shall merge the separate count into the conviction under this section and only impose a sentence under this section. A conviction for a violation of this section bars the prosecution of the individual incidents of sexual abuse of a child as separate offenses described in the pretrial notice filed by the state and presented to the jury. A prosecution for a violation of this section does not bar a prosecution in the same action for individual incidents of sexual abuse not identified in the state's pretrial notice. The state shall be required to elect as to those individual incidents of sexual abuse not contained in the pretrial notice prior to submission to the jury. A conviction for such elected offenses shall not be subject to merger at sentencing.
- (g) Notwithstanding any other law to the contrary, a person convicted of a violation of this section shall be punished by imprisonment and shall be sentenced from within the full range of punishment for the offense of which the defendant was convicted, regardless of the range for which the defendant would otherwise qualify.
History (3)
- Acts 2014, ch. 940, § 2
- 2018, ch. 719, § 2
- 2022, ch. 1025, §§ 1, 2.
§ 39-13-519. Forensic medical examination of victims of sexually oriented crime — Protocol for collection and processing of sexual assault evidence kits and hold kits — Electronic tracking system — Notification regarding DNA sample and match. - (a) As used in this section, unless the context otherwise requires:
- (1) “Forensic medical examination” means an examination by any healthcare provider who provides medical care and gathers evidence of a sexually oriented crime in a manner suitable for use in a court of law, provided to a victim reporting a sexually oriented crime to a healthcare provider;
- (2) “Hold kit” means a sexual assault evidence collection kit of an adult victim that is coded with a number rather than a name pending the victim's decision to report the crime to law enforcement authorities, and has not been submitted to the state crime lab or similar qualified laboratory;
- (3) “Law enforcement agency” means:
- (A) An established state or local agency that:
- (i) Is responsible and has the duty to prevent and detect crime and enforce laws or local ordinances; and
- (ii) Has employees who are authorized to make arrests for crimes while acting within the scope of their authority; and
- (B) A campus security force created by an institution of higher education pursuant to § 49-7-118;
- (4) “Sexual assault evidence collection kit” means evidence collected from the victim of a sexually oriented crime with a sexual assault evidence collection kit provided by the state;
- (5) “Sexually oriented crime” means those crimes listed in § 29-13-118(b); and
- (6) “Victim” means a victim of a sexually oriented crime as defined in § 29-13-118(b).
- (b) A victim of a sexually-oriented crime is entitled to a forensic medical examination without charge to the victim as provided in § 29-13-118. Within twenty-four (24) hours of the conclusion of the forensic examination, the healthcare provider shall notify the applicable law enforcement agency that a sexual assault evidence collection kit or hold kit is ready for release. Within seven (7) days of being notified, the law enforcement agency shall pick up the sexual assault evidence collection kit or hold kit for storage or transmission to the state crime lab or other similar qualified laboratory for either serology or deoxyribonucleic acid (DNA) testing.
- (c)
- (1) If an adult victim elects not to report the alleged offense to police at the time of the forensic medical examination, the sexual assault evidence collection kit becomes a hold kit, and the healthcare provider shall assign a number to identify the kit rather than use the victim's name. The healthcare provider shall provide the victim with the identifying number placed on the victim's hold kit; information about where and how long the kit will be stored; procedures for making a police report and information about the electronic tracking system procured by the Tennessee bureau of investigation pursuant to § 38-6-128; contact information for local rape crisis centers, if any; and a copy of the rights of a victim of a sexually-oriented crime as set forth in § 40-38-119. The hold kit must be released to the appropriate law enforcement agency for storage pursuant to subdivision (d)(2). Once a victim makes a police report, the law enforcement agency shall change the kit status in the system prior to submitting the kit to the state crime lab or other similar qualified laboratory for either serology or DNA testing.
- (2) If an adult victim reports the alleged offense to the police, or the victim is a minor, the healthcare provider shall attach the victim's name to the sexual assault evidence collection kit, and it shall be released to the appropriate law enforcement agency.
- (d)
- (1) The law enforcement agency shall, within thirty (30) days of taking possession of the sexual assault evidence collection kit with the victim's name affixed to it, submit the kit to the Tennessee bureau of investigation or similar qualified laboratory for either serology or deoxyribonucleic acid (DNA) testing.
- (2) Upon receipt of a hold kit with only an identification number attached to it, the law enforcement agency shall store the hold kit for a minimum of ten (10) years or until the victim makes a police report, whichever event occurs first. Once the victim makes a police report, the law enforcement agency shall have thirty (30) days from the date of the police report to send the sexual assault evidence collection kit to the state crime lab or other similar qualified laboratory for either serology or deoxyribonucleic acid (DNA) testing. However, no hold kit shall be submitted to the state crime lab or similar laboratory for testing until the victim has made a police report.
- (e) Beginning July 1, 2022:
- (1) A law enforcement agency, the state crime lab, and any other similar qualified laboratory that receives, maintains, stores, or preserves sexual assault evidence collection kits or hold kits must participate in the electronic tracking system administered by the Tennessee bureau of investigation pursuant to § 38-6-128;
- (2) A law enforcement agency receiving a sexual assault evidence collection kit after the conclusion of the forensic medical examination must provide the victim with a tracking number for the sexual assault evidence collection kit, and a copy of the pamphlet created by the Tennessee bureau of investigation pursuant to § 38-6-128 explaining how to access and use the tracking system and the victim's right to receive testing status updates of the victim's sexual assault evidence collection kit generated by the Tennessee bureau of investigation or similar qualified laboratory; and
- (3) A law enforcement agency receiving a sexual assault evidence collection kit or hold kit from a healthcare provider must enter the sexual assault evidence collection kit or hold kit into the tracking system within ten (10) days of receipt of the evidence from the healthcare provider. The location and status of the evidence must be updated in the tracking system by the law enforcement agency and the state crime lab or other similar qualified laboratory taking possession of the kit at each step of the process, including submission of the evidence to the laboratory for testing, laboratory testing status, and evidence disposition following laboratory testing.
- (f) Upon receipt of DNA data analysis results from the Tennessee bureau of investigation pursuant to § 38-6-113(d) or similar qualified laboratory, the investigating agency must, upon a victim's request and within a reasonable time, notify the victim of whether a DNA sample was obtained from the analysis and whether the analysis resulted in a match to a DNA profile in state or federal databases, unless disclosure of the information would impede or compromise the investigation.
History (2)
- Acts 2015, ch. 253, § 1
- 2021, ch. 362, §§ 2-7.
§ 39-13-520. Creation of model policy for handling, maintenance and testing of sexual assault evidence kits and hold kits. - (a) To provide for the implementation and efficient operation of § 39-13-519 and to ensure a uniform policy for the handling, maintenance, and testing of sexual assault evidence kits and hold kits, the domestic violence state coordinating council shall create a model policy for law enforcement agencies responding to reports of sexually oriented crimes.
- (b) The model policy shall include guidelines for officers on:
- (1) Investigating reports of sexually oriented crimes;
- (2) Providing victim assistance;
- (3) Collaborating with victim advocates, healthcare providers, and victim service agencies; and
- (4) Collecting, storing, and submitting sexual assault evidence kits to the state crime lab or similar qualified laboratory for either serology or deoxyribonucleic acid (DNA) testing.
- (c) The model policy shall be distributed to all law enforcement agencies that are likely to encounter reports of sexually oriented crimes on or before January 1, 2016.
- (d) All law enforcement agencies that are likely to encounter reports of sexually oriented crimes shall establish written policies and procedures on responding to reports of sexually oriented crimes. An agency may adopt the model policy developed by the domestic violence state coordinating council or an agency may adopt its own policy; provided, that the policy includes the same or higher standards as the model policy developed by the council. Each agency shall adopt its written policy on or before July 1, 2016.
§ 39-13-521. HIV testing of persons convicted of sexual offenses — Release of test results. - (a) When a person is initially arrested for violating § 39-13-502, § 39-13-503, § 39-13-506, § 39-13-522, § 39-13-531 or § 39-13-532 that person shall undergo human immunodeficiency virus (HIV) testing immediately, or not later than forty-eight (48) hours after the presentment of the information or indictment, with or without the request of the victim. A licensed medical laboratory shall perform the test at the expense of the person arrested. The person arrested shall obtain a confirmatory test when necessary and shall be referred to appropriate counseling.
- (b)
- (1) The licensed medical laboratory shall report the results of the HIV test required under this section immediately to the victim.
- (2) The result of any HIV test required under this section is not a public record and shall be available only to:
- (A) The victim;
- (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 is convicted, the court shall review the HIV test results prior to sentencing.
- (d)
- (1) For purposes of this section, “HIV” means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome.
- (2) For purposes of this section, “HIV test” means a test of an individual for the presence of human immunodeficiency virus, or for antibodies or antigens that result from HIV infection, or for any other substance specifically indicating infection with HIV. The department of health shall promulgate rules designating the proper test method to be used for this purpose.
- (3) Nothing in this section shall be construed to require the actual transmission of HIV in order for the court to consider it as a mandatory enhancement factor.
- (e) Upon the conviction of the defendant for a violation of § 39-13-513, § 39-13-514 or § 39-13-515, the court shall order the convicted person to submit to an HIV test. The test shall be performed by a licensed medical laboratory at the expense of the defendant. The defendant shall obtain a confirmatory test when necessary. The defendant shall be referred to appropriate counseling. The defendant shall return a certified copy of the results of all tests to the court. The court shall examine results in camera and seal the record. For the sole purpose of determining whether there is probable cause to prosecute a person for aggravated prostitution under § 39-13-516, the district attorney general may view the record, notwithstanding subdivision (b)(2). The district attorney general shall be required to file a written, signed request with the court stating the reason the court should grant permission for the district attorney general to view the record. If the test results indicate the defendant is infected with HIV, then the district attorney general may use the results of the test in a prosecution for aggravated prostitution.
History (8)
- Acts 1991, ch. 25, § 1
- 1992, ch. 948, § 1
- 1994, ch. 989, § 2
- 1994, ch. 995, § 1
- 2002, ch. 655, § 1
- 2005, ch. 353, § 13
- 2007, ch. 257, § 1
- 2011, ch. 269, §§ 1, 2.
§ 39-13-522. Rape of a child. - (a) Rape of a child is the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is more than eight (8) years of age but less than thirteen (13) years of age.
- (b) Rape of a child is a Class A felony and shall be punished as follows:
- (1) If the defendant was a juvenile at the time of the offense, then the defendant shall be punished as a Range II offender; however the sentence imposed may, if appropriate, be within Range III, but in no case shall it be lower than Range II; and
- (2) If the defendant was an adult at the time of the offense, then the sentence must be:
- (A) Death;
- (B) Imprisonment for life without possibility of parole; or
- (C) Imprisonment for life.
History (8)
- Acts 1992, ch. 878, § 1
- 1997, ch. 406, § 2
- 2005, ch. 353, § 14
- 2006, ch. 890, § 22
- 2007, ch. 501, § 1
- 2011, ch. 306, § 1
- 2020, ch. 588, § 2
- 2024, ch. 951, § 1.
§ 39-13-523. Punishment for certain sex offenders. - (a) As used in this section, unless the context otherwise requires:
- (1) “Aggravated rapist” means a person convicted of violating § 39-13-502;
- (2) “Child rapist” means a person convicted one (1) or more times of rape of a child as defined by § 39-13-522;
- (3) “Child sexual predator” means a person who:
- (A) Is convicted in this state of committing an offense on or after July 1, 2007, that is classified in subdivision (a)(5) as a predatory offense; and
- (B) Has one (1) or more prior convictions for an offense classified in subdivision (a)(5) as a predatory offense;
- (4) “Multiple rapist” means a person convicted two (2) or more times of violating § 39-13-503, or a person convicted at least one (1) time of violating § 39-13-502 and at least one (1) time of violating § 39-13-503;
- (5) “Predatory offenses” means:
- (A) Aggravated sexual battery under § 39-13-504(a)(4);
- (B) Statutory rape by an authority figure under § 39-13-532;
- (C) Sexual battery by an authority figure under § 39-13-527;
- (D) Solicitation of a minor to commit a sex offense under § 39-13-528;
- (E) Solicitation of a minor to perform sex acts under § 39-13-529;
- (F) Aggravated statutory rape under § 39-13-506(c); and
- (G) Trafficking for commercial sex act under § 39-13-309;
- (6)
- (A) “Prior convictions” means that the person serves and is released or discharged from a separate period of incarceration or supervision for the commission of a predatory offense classified in subdivision (a)(5) prior to committing another predatory offense classified in subdivision (a)(5).
- (B) “Prior convictions” includes convictions under the laws of any other state, government or country that, if committed in this state, would constitute a predatory offense as classified in subdivision (a)(5). If a felony from a jurisdiction other than Tennessee is not a named predatory offense as classified in subdivision (a)(5) in this state, it shall be considered a prior conviction if the elements of the felony are the same as the elements for an offense classified as a predatory offense; and
- (7) “Separate period of incarceration or supervision” includes a sentence to any of the sentencing alternatives set out in § 40-35-104(c)(3)-(9). Any offense designated as a predatory offense pursuant to subdivision (a)(5) shall be considered as having been committed after a separate period of incarceration or supervision if the predatory offense was committed while the person was:
- (A) On probation, parole or community correction supervision for a predatory offense;
- (B) Incarcerated for a predatory offense;
- (C) Assigned to a program whereby the person enjoys the privilege of supervised release into the community, including, but not limited to, work release, educational release, restitution release or medical furlough for a predatory offense; or
- (D) On escape status from any correctional institution when incarcerated for a predatory offense;
- (b) Notwithstanding any other law to the contrary, a child sexual predator, aggravated rapist, multiple rapist or a child rapist shall be required to serve the entire sentence imposed by the court undiminished by any sentence reduction credits the person may be eligible for or earn. A child sexual predator, aggravated rapist, multiple rapist or a child rapist shall be permitted to earn any credits for which the person is eligible and the credits may be used for the purpose of increased privileges, reduced security classification, or for any purpose other than the reduction of the sentence imposed by the court.
- (c) Title 40, chapter 35, part 5, regarding release eligibility status and parole, shall not apply to or authorize the release of a child sexual predator, aggravated rapist, multiple rapist or child rapist prior to service of the entire sentence imposed by the court.
- (d) Nothing in title 41, chapter 1, part 5 shall give either the governor or the board of parole the authority to release or cause the release of a child sexual predator, aggravated rapist, multiple rapist or child rapist prior to service of the entire sentence imposed by the court.
- (e)
- (1) The provisions of this section requiring child sexual predators to serve the entire sentence imposed by the court shall only apply if at least one (1) of the required offenses occurs on or after July 1, 2007.
- (2) The provisions of this section requiring multiple rapists to serve the entire sentence imposed by the court shall only apply if at least one (1) of the required offenses occurs on or after July 1, 1992.
- (3) The provisions of this section requiring aggravated rapists to serve the entire sentence imposed by the court shall only apply if the required offense occurs on or after July 1, 2012.
History (5)
- Acts 1992, ch. 878, § 1
- 1998, ch. 1049, § 10
- 2007, ch. 525, § 1
- 2012, ch. 1073, §§ 2-5
- 2021, ch. 210, § 1.
§ 39-13-524. Sentence of community supervision for life. - (a) In addition to the punishment authorized by the specific statute prohibiting the conduct, a person shall receive a sentence of community supervision for life who, on or after:
- (1) July 1, 1996, commits a violation of § 39-13-502, § 39-13-503, § 39-13-504, or § 39-13-522;
- (2) July 1, 2010, commits a violation of § 39-13-531;
- (3) The applicable date as provided in subdivision (a)(1) or (a)(2) attempts to commit a violation of any of the sections enumerated in subdivision (a)(1) or (a)(2);
- (4) July 1, 2021, facilitates the commission of a violation of § 39-13-522 or § 39-13-531;
- (5) July 1, 2022, commits a violation of § 39-13-316(a)(3), (a)(4), or (a)(5); or
- (6) July 1, 2024, commits a violation of § 39-13-518.
- (b) The judgment of conviction for all persons to whom subsection (a) applies shall include that the person is sentenced to community supervision for life.
- (c) The sentence of community supervision for life shall commence immediately upon the expiration of the term of imprisonment imposed upon the person by the court or upon the person's release from regular parole supervision, whichever first occurs.
- (d)
- (1) A person on community supervision shall be under the jurisdiction, supervision and control of the department of correction in the same manner as a person under parole supervision. The department is authorized on an individual basis to establish such conditions of community supervision as are necessary to protect the public from the person's committing a new sex offense, as well as promoting the rehabilitation of the person.
- (2) The department is authorized to impose and enforce a supervision and rehabilitation fee upon a person on community supervision similar to the fee imposed by § 40-28-201. To the extent possible, the department shall set the fee in an amount that will substantially defray the cost of the community supervision program. The department shall also establish a fee waiver procedure for hardship cases and indigency.
History (7)
- Acts 1996, ch. 972, § 1
- 1998, ch. 1049, § 11
- 2010, ch. 646, § 1
- 2012, ch. 727, § 5
- 2021, ch. 525, § 1
- 2022, ch. 1089, § 7
- 2024, ch. 525, § 1.
§ 39-13-525. Release from community supervision. - (a) After a person sentenced to community supervision pursuant to § 39-13-524 has been on supervision for a period of fifteen (15) years, the person may petition the sentencing court for release from community supervision.
- (b) Upon receiving a petition, the court shall, at least thirty (30) days prior to a hearing on the petition, cause the office of the district attorney general responsible for prosecuting the person to be notified of the person's petition for release from supervision. Upon being notified, the district attorney general shall conduct a criminal history check on the person to determine if the person has been convicted of a criminal offense during the period of community supervision. The district attorney general shall report the results of the criminal history check to the court, together with any other comments the district attorney general may have concerning the person's petition for release. The district attorney general may also appear and testify at the hearing, in lieu of, or in addition to, submitting written comments.
- (c) Between the date the petition is filed with the court and the date established by the court for a hearing on the petition, if the person is entitled to a hearing, the person shall be examined and evaluated by a psychiatrist or licensed psychologist with health service designation approved by the board. The cost of the examination and evaluation shall be the sole responsibility of the person petitioning for release from supervision. No hearing on the petition may be conducted until the person has been examined and evaluated in accordance with this subsection (c).
- (d)
- (1) If the report of the district attorney general indicates that the petitioner has been convicted of a criminal offense while under community supervision, the court shall deny the petition without conducting a hearing.
- (2) If the report of the district attorney general indicates that the petitioner has not been convicted of a criminal offense while under community supervision, the court shall conduct a hearing on the petition. At the hearing, the court shall call such witnesses, including the examining psychiatrist or licensed psychologist with health service designation or the prosecuting district attorney general, as the court deems necessary to reach an informed and just decision on whether the petitioner should be released from community supervision. The petitioner may offer such witnesses and other proof at the hearing as is relevant to the petition.
- (3) If a petition for release from supervision is denied by the court, the person may not file another such petition for a period of three (3) years.
§ 39-13-526. Violations of community supervision — Venue for violations. - (a) It is an offense for a person to knowingly violate a condition of community supervision imposed upon the person pursuant to § 39-13-524.
- (b)
- (1) If the conduct that is a violation of a condition of community supervision does not constitute a criminal offense, the violation is a Class A misdemeanor.
- (2) If the conduct that is a violation of a condition of community supervision also constitutes a criminal offense that is classified as a misdemeanor, the violation is a Class A misdemeanor.
- (3) If the conduct that is a violation of a condition of community supervision also constitutes a criminal offense that is classified as a felony, the violation is a Class E felony.
- (4) Each violation of a condition of community supervision constitutes a separate offense.
- (c) If the violation of community supervision involves the commission of a new offense, the sentence for a violation of this section shall be served consecutive to any sentence received for commission of the new offense.
- (d)
- (1) The venue for a violation of community supervision shall be in the county where the person was being supervised at the time of the violation and this venue shall include those persons placed on supervision in this state but who are being monitored in another state.
- (2) For purposes of prosecuting a violation of community supervision, the probation and parole officer assigned to the person may act as the affiant when seeking an affidavit of complaint against the person.
History (2)
- Acts 1996, ch. 972, § 1
- 2009, ch. 115, § 1.
§ 39-13-527. Sexual battery by an authority figure. - (a) Sexual battery by an authority figure is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by the following circumstances:
- (1) The victim was, at the time of the offense, thirteen (13) years of age or older but less then eighteen (18) years of age; or
- (2) The victim was, at the time of the offense, mentally defective, mentally incapacitated or physically helpless, regardless of age; and,
- (3)
- (A) The defendant was at the time of the offense in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional or occupational status and used the position of trust or power to accomplish the sexual contact; or
- (B) The defendant had, at the time of the offense, parental or custodial authority over the victim and used the authority to accomplish the sexual contact.
- (b) Sexual battery by an authority figure is a Class C felony.
History (4)
- Acts 1997, ch. 256, § 1
- 1998, ch. 1034, § 1
- 2005, ch. 478, § 1
- 2006, ch. 897, § 1.
§ 39-13-528. Offense of solicitation of a minor. - (a) It is an offense for a person eighteen (18) years of age or older, by means of oral, written or electronic communication, electronic mail or internet services, directly or through another, to intentionally command, request, hire, persuade, invite or attempt to induce a person whom the person making the solicitation knows, or should know, is less than eighteen (18) years of age, or solicits a law enforcement officer posing as a minor, and whom the person making the solicitation reasonably believes to be less than eighteen (18) years of age, to engage in conduct that, if completed, would constitute a violation by the soliciting adult of one (1) or more of the following offenses:
- (1) Rape of a child, pursuant to § 39-13-522;
- (2) Aggravated rape, pursuant to § 39-13-502;
- (3) Rape, pursuant to § 39-13-503;
- (4) Aggravated sexual battery, pursuant to § 39-13-504;
- (5) Sexual battery by an authority figure, pursuant to § 39-13-527;
- (6) Sexual battery, pursuant to § 39-13-505;
- (7) Statutory rape, pursuant to § 39-13-506;
- (8) Especially aggravated sexual exploitation of a minor, pursuant to § 39-17-1005;
- (9) Sexual activity involving a minor, pursuant to § 39-13-529;
- (10) Trafficking for commercial sex acts, pursuant to § 39-13-309;
- (11) Patronizing prostitution, pursuant to § 39-13-514;
- (12) Promoting prostitution, pursuant to § 39-13-515; or
- (13) Aggravated sexual exploitation of a minor, pursuant to § 39-17-1004.
- (b) It is no defense that the solicitation was unsuccessful, that the conduct solicited was not engaged in, or that the law enforcement officer could not engage in the solicited offense. It is no defense that the minor solicited was unaware of the criminal nature of the conduct solicited.
- (c) A violation of this section shall constitute an offense one (1) classification lower than the most serious crime solicited, unless the offense solicited was a Class E felony, in which case the offense shall be a Class A misdemeanor.
- (d) A person is subject to prosecution in this state under this section for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where the person solicited the conduct of a minor located in this state, or solicited a law enforcement officer posing as a minor located within this state.
History (4)
- Acts 1998, ch. 1007, § 1
- 2000, ch. 944, § 1
- 2005, ch. 496, § 5
- 2013, ch. 436, § 1.
§ 39-13-529. Offense of soliciting sexual exploitation of a minor — Exploitation of a minor by electronic means. - (a) It is an offense for a person eighteen (18) years of age or older, by means of oral, written or electronic communication, electronic mail or internet service, including webcam communications, directly or through another, to intentionally command, hire, persuade, induce or cause a minor to engage in simulated sexual activity that is patently offensive or in sexual activity, where such simulated sexual activity or sexual activity is observed by that person or by another.
- (b) It is unlawful for any person eighteen (18) years of age or older, directly or by means of electronic communication, electronic mail or internet service, including webcam communications, to intentionally:
- (1) Engage in simulated sexual activity that is patently offensive or in sexual activity for the purpose of having the minor view the simulated sexual activity or sexual activity, including circumstances where the minor is in the presence of the person, or where the minor views such activity via electronic communication, including electronic mail, internet service and webcam communications;
- (2) Display to a minor, or expose a minor to, any material containing simulated sexual activity that is patently offensive or sexual activity if the purpose of the display can reasonably be construed as being for the sexual arousal or gratification of the minor or the person displaying the material; or
- (3) Display to a law enforcement officer posing as a minor, and whom the person making the display reasonably believes to be less than eighteen (18) years of age, any material containing simulated sexual activity that is patently offensive or sexual activity, if the purpose of the display can reasonably be construed as being for the sexual arousal or gratification of the intended minor or the person displaying the material.
- (4)
- (A) Except as provided in subdivision (b)(4)(B), it is an exception to the application of this subsection (b) that the victim is at least fifteen (15) but less than eighteen (18) years of age and the defendant is no more than four (4) years older than the victim.
- (B) Subdivision (b)(4)(A) shall not apply or be an exception to the application of this subsection (b), if the defendant intentionally commanded, hired, induced or caused the victim to violate this subsection (b).
- (c) A person is subject to prosecution in this state under this section for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where the conduct involved a minor located in this state or the solicitation of a law enforcement officer posing as a minor located in this state.
- (d) As used in this section:
- (1) “Community” means the judicial district, as defined by § 16-2-506, in which a violation is alleged to have occurred;
- (2) “Material” means:
- (A) Any picture, drawing, photograph, undeveloped film or film negative, motion picture film, videocassette tape or other pictorial representation;
- (B) Any statue, figure, theatrical production or electrical reproduction;
- (C) Any image stored on a computer hard drive, a computer disk of any type, or any other medium designed to store information for later retrieval; or
- (D) Any image transmitted to a computer or other electronic media or video screen, by telephone line, cable, satellite transmission, or other method that is capable of further transmission, manipulation, storage or accessing, even if not stored or saved at the time of transmission;
- (3) “Patently offensive” means that which goes substantially beyond customary limits of candor in describing or representing such matters; and
- (4) “Sexual activity” means any of the following acts:
- (A) Vaginal, anal or oral intercourse, whether done with another person or an animal;
- (B) Masturbation, whether done alone or with another human or an animal;
- (C) Patently offensive, as determined by contemporary community standards, physical contact with or touching of a person's clothed or unclothed genitals, pubic area, buttocks or breasts in an act of apparent sexual stimulation or sexual abuse;
- (D) Sadomasochistic abuse, including flagellation, torture, physical restraint, domination or subordination by or upon a person for the purpose of sexual gratification of any person;
- (E) The insertion of any part of a person's body or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure by a licensed professional;
- (F) Patently offensive, as determined by contemporary community standards, conduct, representations, depictions or descriptions of excretory functions; or
- (G) Exhibition of the female breast, genitals, buttocks, anus, or pubic or rectal area of any person that can be reasonably construed as being for the purpose of the sexual arousal or gratification of the defendant or another.
- (e)
- (1) A violation of subsection (a) is a Class B felony.
- (2) A violation of subsection (b) is a Class E felony; provided, that, if the minor is less than thirteen (13) years of age, the violation is a Class C felony.
- (f) It shall not be a defense to a violation of this section that a minor victim of the offense consented to the conduct that constituted the offense.
History (8)
- Acts 2005, ch. 496, § 6
- 2011, ch. 393, § 1
- 2012, ch. 732, §§ 1, 2
- 2012, ch. 876, § 1
- 2013, ch. 337, § 2
- 2013, ch. 350, § 1
- 2013, ch. 416, § 2
- 2023, ch. 209, § 1.
§ 39-13-530. Forfeiture of any conveyance or real or personal property used in a sexual offense committed against minors — Child abuse fund. - (a)
- (1) Any conveyance or real or personal property used in the commission of an offense under this part, is subject to judicial forfeiture under chapter 11, part 7 of this title; provided, however, that the offense is committed against a person under eighteen (18) years of age and was committed on or after July 1, 2006.
- (2) Any conveyance or personal property used in the commission of a violation of § 40-39-211 committed on or after July 1, 2012, by a sexual offender or violent sex offender, as defined in § 40-39-202, whose victim was a minor, is, upon conviction, subject to judicial forfeiture as provided in chapter 11, part 7 of this title.
- (b) The proceeds from all forfeitures made pursuant to this section shall be transmitted to the general fund, where there is established a general fund reserve to be allocated through the general appropriations act, which shall be known as the child abuse fund. Moneys from the fund shall be expended to fund activities authorized by this section. Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund at the end of the fiscal year. Any excess revenues or interest earned by the revenues shall not revert at the end of the fiscal year, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from the reserve shall not revert to the general fund at the end of the fiscal year, but shall remain available for expenditure in subsequent fiscal years.
- (c) The general assembly shall appropriate, through the general appropriations act, fifty percent (50%) of the moneys from the child abuse fund to the department of finance and administration for the child advocacy center fund to be used for child advocacy centers. The appropriations shall be specifically earmarked for the purposes set out in subsection (d).
- (d) All moneys appropriated from the child advocacy center fund shall be used exclusively by the department to provide grants to child advocacy centers that are incorporated as a not-for-profit organization, are tax-exempt under § 501 of the Internal Revenue Code, and that have provided child advocacy services for at least six (6) months prior to the application for funds under this subsection (d). The commissioner of finance and administration shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the distribution and use of the grant funds provided by it. The grants shall be for the purpose of providing funding for the continuation of existing programs and services, the creation of new programs and services and the training of personnel in child advocacy centers.
- (e) The general assembly shall appropriate, through the general appropriations act, twenty-five percent (25%) of the moneys from the child abuse fund to the department of finance and administration for the court appointed special advocate (CASA) fund. The appropriations shall be specifically earmarked for the purposes set out in subsection (f).
- (f) All moneys appropriated from the CASA fund shall be used exclusively by the department to provide grants to CASA programs that are incorporated as a not-for-profit organization, are tax-exempt under § 501 of the Internal Revenue Code and that have provided CASA services for at least six (6) months prior to the application for funds under this subsection (f). The commissioner of finance and administration shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act for the distribution and use of the grant funds provided by it. The grants shall be for the purpose of providing funding for the continuation of existing programs and services, the creation of new programs and services and the training of personnel and volunteers in CASA programs.
- (g) The general assembly shall appropriate, through the general appropriations act, twenty-five percent (25%) of the moneys from the child abuse fund to the department of finance and administration for the child abuse prevention fund. The appropriations shall be specifically earmarked for the purposes set out in subsection (h).
- (h) All moneys appropriated from the child abuse prevention fund shall be used exclusively by the department to provide a grant to Prevent Child Abuse Tennessee; provided, that it is incorporated as a not-for-profit organization, is tax-exempt under § 501 of the Internal Revenue Code (26 U.S.C. § 501), and that it has provided child abuse prevention services for at least six (6) months prior to the application for funds under this subsection (h). The commissioner of finance and administration shall promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act for the distribution and use of the grant funds provided by it. The grants shall be for the purpose of providing funding for the continuation of existing programs and services, the creation of new programs and services and the training of personnel to plan and carry out a comprehensive statewide child abuse prevention program that includes emphasis on primary and secondary prevention strategies and includes evaluation strategies to assess the effectiveness of prevention activities.
- (i) All recipients of funding from the child abuse fund and its subsidiary funds, the child advocacy centers fund, the CASA fund and the child abuse prevention fund, shall collaborate with each other and also with the department of children's services, the department of children's services' child abuse prevention advisory committee, the child sexual abuse task force established by § 37-1-603(b)(1), the commission on children and youth, the governor's office of children's care coordination, and other appropriate state and local service providers in the planning and implementation of multi-disciplinary, multi-agency approaches to address child abuse, including primary, secondary and tertiary child abuse prevention, investigation and intervention in child abuse cases, and needed treatment and timely permanency for victims of child abuse.
- (j) All recipients of funding from the child abuse fund and its subsidiary funds, the child advocacy centers fund, the CASA fund and the child abuse prevention fund, shall report annually to the health and welfare and judiciary committees of the senate, the civil justice committee of the house of representatives, and the fiscal review committee, regarding their use of child abuse fund moneys, their collaborative efforts to address the spectrum of child abuse issues, and their recommendations for additional improvements in the child abuse prevention and response system in Tennessee.
History (6)
- Acts 2006, ch. 960, § 1
- 2011, ch. 410, § 3(cc)
- 2012, ch. 882, §§ 1, 2
- 2013, ch. 236, § 23
- 2019, ch. 345, § 52
- 2021, ch. 64, § 44.
§ 39-13-531. Aggravated rape of a child. - (a) Aggravated rape of a child is the unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is eight (8) years of age or less.
- (b) Aggravated rape of a child is a Class A felony and shall be punished as follows:
- (1) If the defendant was a juvenile at the time of the offense, then the sentence must be from within Range III, as set forth in title 40, chapter 35; and
- (2) If the defendant was an adult at the time of the offense, then the sentence must be:
- (A) Death; or
- (B) Imprisonment for life without possibility of parole.
History (5)
- Acts 2006, ch. 890, § 23
- 2019, ch. 211, § 1
- 2020, ch. 588, § 1
- 2021, ch. 104, § 1
- 2024, ch. 951, § 2.
§ 39-13-532. Statutory rape by an authority figure. - (a) Statutory rape by an authority figure is the unlawful sexual penetration of a victim by the defendant or of the defendant by the victim when:
- (1) The victim is at least thirteen (13) but less than eighteen (18) years of age;
- (2) The defendant is at least four (4) years older than the victim; and
- (3)
- (A) The defendant was, at the time of the offense, in a position of trust, or had supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional, or occupational status and used the position of trust or power to accomplish the sexual penetration; or
- (B) The defendant had, at the time of the offense, parental or custodial authority over the victim by virtue of the defendant's legal, professional, or occupational status and used the position to accomplish the sexual penetration.
- (b) Statutory rape by an authority figure is a Class B felony.
- (c) No person who is found guilty of or pleads guilty to the offense shall be eligible for probation pursuant to § 40-35-303 or judicial diversion pursuant to § 40-35- 313.
History (2)
- Acts 2006, ch. 973, § 1
- 2016, ch. 1086, § 1.
§ 39-13-533. Offense of promoting travel for prostitution. - (a) A person commits the offense of promoting travel for prostitution if the person sells or offers to sell travel services that the person knows to include travel for the purpose of engaging in what would be prostitution if occurring in the state.
- (b) “Travel services” means, but is not limited to, transportation by air, sea, road or rail, related ground transportation, hotel accommodations, or package tours, whether offered on a wholesale or retail basis.
- (c) Promoting travel for prostitution is a Class D felony.
- (d) Nothing in this section shall be construed to prohibit prosecution under any other law.
§ 39-13-534. Especially aggravated rape. - (a) Especially aggravated rape is unlawful sexual penetration of a victim by the defendant or the defendant by a victim that would constitute aggravated rape under § 39-13-502 accompanied by two (2) or more of the following circumstances:
- (1) The defendant tortures the victim during the commission of the offense;
- (2) The defendant mutilates the victim during the commission of the offense;
- (3) The defendant also commits the offense of kidnapping, as defined in § 39-13-303, or false imprisonment, as defined in § 39-13-302, against the victim;
- (4) The defendant also commits the offense of involuntary labor servitude, as defined in § 39-13-307, or trafficking for a commercial sex act, as defined in § 39-13-309, against the victim;
- (5) The defendant has, at the time of the commission of the offense, more than one (1) prior conviction for a sexual offense or a violent sexual offense, as those terms are defined in § 40-39-202;
- (6) The offense occurs during an attempt by the defendant to perpetrate first degree murder in violation of § 39-13-202;
- (7) The defendant subjects the victim to extreme cruelty during the commission of the offense;
- (8) The defendant's commission of the offense involved more than one (1) victim; or
- (9) The defendant knows or has reason to know that the victim is:
- (A) Mentally defective;
- (B) Mentally incapacitated;
- (C) Physically helpless; or
- (D) A vulnerable adult, as defined in § 39-15-501.
- (b) Especially aggravated rape is a Class A felony and shall be punished as follows:
- (1) If the defendant was a juvenile at the time of the commission of the offense, then the sentence must be from Range III, as set forth in title 40, chapter 35; and
- (2) If the defendant was an adult at the time of the commission of the offense, then the defendant shall be punished by imprisonment for life without possibility of parole.
- (c) A person may not be convicted of both a violation of this section and a violation of § 39-13-502, § 39-13-535, or § 39-13-117 if the facts supporting the prosecution arise out of the same criminal conduct.
History (1)
- Acts 2022, ch. 1062, § 1.
§ 39-13-535. Especially aggravated rape of child. - (a) Especially aggravated rape of a child is unlawful sexual penetration of a victim by the defendant or the defendant by a victim, if the victim is more than twelve (12) years of age but less than eighteen (18) years of age, accompanied by three (3) or more of the following circumstances:
- (1) The defendant tortures the victim during the commission of the offense;
- (2) The defendant mutilates the victim during the commission of the offense;
- (3) The defendant also commits the offense of kidnapping, as defined in § 39-13-303, or false imprisonment, as defined in § 39-13-302, against the victim;
- (4) The defendant also commits the offense of involuntary labor servitude, as defined in § 39-13-307, or trafficking for a commercial sex act, as defined in § 39-13-309, against the victim;
- (5) The defendant has, at the time of the commission of the offense, more than one (1) prior conviction for a sexual offense or a violent sexual offense, as those terms are defined in § 40-39-202;
- (6)
- (A) The defendant is, at the time of the offense, in a position of trust, or has supervisory or disciplinary power over the victim by virtue of the defendant's legal, professional, or occupational status and uses the position of trust or power to accomplish the sexual penetration; or
- (B) The defendant has, at the time of the offense, parental or custodial authority over the victim by virtue of the defendant's legal, professional, or occupational status and uses the position to accomplish the sexual penetration;
- (7) The offense occurs during an attempt by the defendant to perpetrate first degree murder in violation of § 39-13-202;
- (8) The defendant subjects the victim to extreme cruelty during the commission of the offense;
- (9) Force or coercion is used to accomplish the act, and the defendant is armed with a weapon or any article used or fashioned in a manner to lead the victim reasonably to believe it to be a weapon;
- (10) The defendant causes serious bodily injury to the victim;
- (11) The defendant's commission of the offense involved more than one (1) victim; or
- (12) The defendant knows or has reason to know that the victim is:
- (A) Mentally defective;
- (B) Mentally incapacitated; or
- (C) Physically helpless.
- (b) Especially aggravated rape of a child is a Class A felony and shall be punished as follows:
- (1) If the defendant was a juvenile at the time of the commission of the offense, then the sentence must be from Range III, as set forth in title 40, chapter 35; and
- (2) If the defendant was an adult at the time of the commission of the offense, then the defendant shall be punished by imprisonment for life without possibility of parole.
- (c) A person may not be convicted of both a violation of this section and a violation of § 39-13-502, § 39-13-531, § 39-13-534, or § 39-13-117 if the facts supporting the prosecution arise out of the same criminal conduct.
History (2)
- Acts 2022, ch. 1062, § 2
- 2024, ch. 951, § 3.
Part 6 Invasion of Privacy § 39-13-601. Wiretapping and electronic surveillance — Prohibited acts — Exceptions. - (a)
- (1) Except as otherwise specifically provided in §§ 39-13-601 — [former] 39-13-603 [repealed] and title 40, chapter 6, part 3, a person commits an offense who:
- (A) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication;
- (B) Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:
- (i) The device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or
- (ii) The device transmits communications by radio, or interferes with the transmission of the communication;
- (C) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection (a); or
- (D) Intentionally uses, or endeavors to use, the contents of any wire, oral or electronic communication, knowing or having reason to know, that the information was obtained through the interception of a wire, oral or electronic communication in violation of this subsection (a).
- (2) A violation of subdivision (a)(1) shall be punished as provided in § 39-13-602 and shall be subject to suit as provided in [former] § 39-13-603 [repealed].
- (b)
- (1) It is lawful under §§ 39-13-601 — [former] 39-13-603 [repealed] and title 40, chapter 6, part 3 for an officer, employee, or agent of a provider of wire or electronic communications service, or a telecommunications company, whose facilities are used in the transmission of a wire communication, to intercept, disclose or use that communication in the normal course of employment while engaged in any activity that is necessary to the rendition of service or to the protection of the rights or property of the provider of that service. Nothing in §§ 39-13-601 — [former] 39-13-603 [repealed] and title 40, chapter 6, part 3 shall be construed to prohibit a telecommunications or other company from engaging in service observing for the purpose of maintaining service quality standards for the benefit of consumers.
- (2) Notwithstanding any other law, providers of wire or electronic communications service, their officers, employees, or agents, landlords, custodians, or other persons are authorized to provide information, facilities, or technical assistance to persons authorized by law to intercept wire, oral, or electronic communications, if the provider, its officers, employees, or agents, landlord, custodian or other specified person has been provided with a court order signed by the authorizing judge of competent jurisdiction that:
- (A) Directs the assistance;
- (B) Sets forth a period of time during which the provision of the information, facilities, or technical assistance is authorized; and
- (C) Specifies the information, facilities, or technical assistance required.
- (3) No provider of wire or electronic communications service, officer, employee, or agent thereof, or landlord, custodian or other specified person shall disclose the existence of any interception or surveillance or the device used to accomplish the interception or surveillance with respect to which the person has been furnished a court order, except as may otherwise be required by legal process, and then only after prior notification to the attorney general and reporter or to the district attorney general or any political subdivision of a district, as may be appropriate. Any such disclosure shall render the person liable for the civil damages provided for in [former] § 39-13-603 [repealed]. No cause of action shall lie in any court against any provider of wire or electronic communications service, its officers, employees, or agents, landlord, custodian, or other specified person for providing information, facilities, or assistance in accordance with the terms of a court order under §§ 39-13-601 — [former] 39-13-603 [repealed] and title 40, chapter 6, part 3.
- (4) It is lawful under §§ 39-13-601 — [former] 39-13-603 [repealed] and title 40, chapter 6, part 3 for a person acting under the color of law to intercept a wire, oral or electronic communication, where the person is a party to the communication or one of the parties to the communication has given prior consent to such interception.
- (5) It is lawful under §§ 39-13-601 — [former] 39-13-603 [repealed] and title 40, chapter 6, part 3 for a person not acting under color of law to intercept a wire, oral, or electronic communication, where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the constitution or laws of this state.
- (6) It is unlawful to intercept any wire, oral, or electronic communication for the purpose of committing a criminal act.
- (7) It is lawful, unless otherwise prohibited by state or federal law, for any person:
- (A) To intercept or access an electronic communication made through an electronic communication system that is configured so that the electronic communication is readily accessible to the general public;
- (B) To intercept any radio communication that is transmitted by:
- (i) Any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress;
- (ii) Any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including police and fire, readily accessible to the general public;
- (iii) Any station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or
- (iv) Any marine or aeronautical communications system;
- (C) To intercept any wire or electronic communication, the transmission of which is causing harmful interference with any lawfully operating station or consumer electronic equipment, to the extent necessary to identify the source of such interference; or
- (D) For other users of the same frequency to intercept any radio communication made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of such system, if such communication is not scrambled or encrypted.
- (c)
- (1) Except as provided in subdivision (c)(2), a person or entity providing an electronic communication service to the public shall not intentionally divulge the contents of any communication, other than one to such person or entity, or an agent thereof, while in transmission on that service to any person or entity other than an addressee or intended recipient of such communication or an agent of such addressee or intended recipient.
- (2) A person or entity providing electronic communication service to the public may divulge the contents of any such communication:
- (A) As otherwise authorized in subdivisions (b)(1)-(3) or § 40-6-306;
- (B) With the lawful consent of the originator or any addressee or intended recipient of such communication;
- (C) To a person employed or authorized, or whose facilities are used, to forward such communication to its destination; or
- (D) That were inadvertently obtained by the service provider and which appear to pertain to the commission of a crime, if the divulgence is made to a law enforcement agency.
- (d)
- (1) To clarify existing law, this section does not:
- (A) Apply to a person who installs software on a computer the person owns if the software is intended solely to monitor and record the use of the internet by a minor child of whom the person is a parent or legal guardian;
- (B) Restrict a business from selecting the business's vendors and disclosing communications to those vendors, by interception or otherwise, in the normal course of business;
- (C) Restrict a business in how the business develops websites and mobile applications, which may allow disclosure of communications to vendors, by interception or otherwise, in the normal course of business; or
- (D) Restrict the technology that a business can use on the business's website or mobile applications, including, but not limited to, cookies and pixels provided by vendors.
- (2) As used in this subsection (d), “vendor” means a person or entity providing goods, services, information, or analysis to a business, with or without compensation.
History (3)
- Acts 1994, ch. 964, § 4
- 2011, ch. 460, § 1
- 2024, ch. 1045, § 2.
§ 39-13-604. Interception of cellular or cordless telephone transmissions. - (a) As used in this section, unless the context otherwise requires:
- (1) “Cellular radio telephone” means a wireless telephone authorized by the federal communications commission to operate in the frequency bandwidth reserved for cellular radio telephones;
- (2) “Communication” includes, but is not limited to, communications transmitted by voice, data, or image, including facsimile;
- (3) “Cordless telephone” means a two-way, low power communication system consisting of two (2) parts, a “base” unit that connects to the public switched telephone network and a handset or “remote” unit, that are connected by a radio link and authorized by the federal communications commission to operate in the frequency bandwidths reserved for cordless telephones;
- (4) “Disseminating,” as used in this section and § 39-13-605, means the playing or duplicating of the recording in a manner other than authorized in this part; and
- (5) “Party” means only those individuals who participate in a conversation and whose presence as participants is known to all other participants.
- (b)
- (1) A person commits an offense who, without the consent of at least one (1) party to a communication, intentionally records or disseminates a communication transmitted between two (2) cellular radio telephones, a cellular radio telephone and a landline telephone, or a cordless telephone and a cellular radio telephone.
- (2) A person commits an offense who intentionally disseminates a communication transmitted between two (2) cordless telephones or a cordless telephone and a landline telephone, if such dissemination is not authorized by a court order.
- (c)
- (1) A violation of subsection (b) is a Class A misdemeanor.
- (2) A violation of subsection (b) is a Class E felony, if the defendant knowingly publishes, distributes or otherwise disseminates to another the intercepted or recorded communication.
- (d) This section does not apply to the following:
- (1) Any public utility or wireless communications provider engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, where the acts otherwise prohibited are for the purpose of construction, maintenance, conduct, technological research, or operation of the services and facilities of the public utility;
- (2) The use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility; and
- (3) Any telephonic communication system used for communication exclusively within a state, county or municipal correctional facility.
- (e) The judge of a court of record having domestic relations jurisdiction may authorize any individual to intercept, record, disseminate and use communications that would otherwise be prohibited by this section and § 39-13-605, upon an ex parte showing by the investigator that there is probable cause to believe that the health, safety and welfare of a minor are in jeopardy.
- (f)
- (1) A law enforcement officer or other person with judicial purview, while in the course of the person's employment, may record a protected communication, where preservation and retention of the recorded communication are pertinent to a criminal investigation; provided, that the officer follows the procedure set out in this subsection (f).
- (2) When an officer or other authorized person records a protected communication, the officer or other authorized person shall label each recording with the following information:
- (A) The name of the officer or other authorized person making the recording; and
- (B) The date and time the recording is made.
- (3) Within forty-eight (48) hours of a law enforcement officer or other authorized person recording a protected communication, the officer or other authorized person shall apply to a judge authorized to issue a search warrant for an order authorizing continued recording and preservation and retention of the recordings already made. No dissemination or duplication of the recording shall be made prior to the receipt of a court order.
- (4) The officer or other authorized person shall certify to the judge in a written application under oath that the recording is pertinent to a criminal investigation, the nature of the offense under investigation, and the address, if known, of the location of the cordless or cellular telephone communication intercepted.
- (5) If the judge finds that the information contained in the officer's or other authorized person's written application complies with subdivision (f)(4), the judge shall issue a court order authorizing the preservation, retention or continued recording of protected communications. The order shall include the date and time of the recording, the nature of the crime under investigation, and the address, if known, of the location of the cordless or cellular telephone intercepted. An application and order under this section shall be sealed, unless otherwise ordered by the court. Custody of the sealed application and order shall be wherever the judge directs.
- (6) If no application for an order is made authorizing the preservation and retention of recorded protected communications within the forty-eight hour period, or if the officer or other authorized person does not comply with subdivision (f)(4), the recording shall be destroyed.
- (7) No recording of a protected communication, or any information contained in the recording, may be used as evidence, unless the recording was obtained in accordance with this section; provided, that nothing in this section shall be construed to preclude the introduction of evidence derived independently from sources other than the recording.
- (g) A judge vested with the authority to issue an order permitting recordation of cellular or cordless telephone conversations as provided in this section may permit other individuals to record and disseminate recordings of such protected communications upon a sworn petition by a licensed cordless or cellular telephone agency or other private individual showing probable cause that a felony has been or is about to be committed. The court issuing the order shall determine in the order the length of time that recording shall be permitted and shall likewise order the final disposition of all recordings taken pursuant to this section.
History (1)
- Acts 1994, ch. 970, §§ 1, 4.
§ 39-13-605. Unlawful photography. - (a) It is an offense for a person to knowingly photograph, or cause to be photographed, an individual without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor's parent or legal guardian, if the photograph:
- (1)
- (A)
- (i) Would offend or embarrass an ordinary person if the person appeared in the photograph; or
- (ii) Is focused on the intimate area of the individual and would be considered offensive or embarrassing by the individual; and
- (B) Was taken for the purpose of sexual arousal or gratification of the defendant; or
- (2)
- (A) Includes the unclothed intimate area of the individual and would be considered offensive or embarrassing by the individual;
- (B) Was taken for the purpose of offending, intimidating, embarrassing, ridiculing, or harassing the victim; and
- (C) Was disseminated by the defendant, the defendant threatened to disseminate the photograph, or the defendant permitted the dissemination of the photograph, to another person.
- (b) As used in this section:
- (1) “Photograph” means any photograph or photographic reproduction, whether taken using digital media or conventional film, still or moving, or any videotape, live television transmission, or social media broadcast of any individual; and
- (2) “Intimate area” means the naked or clothed genitals, pubic area, anus, buttocks, or female breast of a person.
- (c) All photographs taken in violation of this section shall be confiscated and, after their use as evidence, destroyed.
- (d)
- (1)
- (A) A violation of subdivision (a)(1) is a Class A misdemeanor.
- (B) A first violation of subdivision (a)(2) is a Class B misdemeanor. A second or subsequent violation of subdivision (a)(2) is a Class A misdemeanor.
- (2) A violation of subdivision (a)(1) is a Class E felony if:
- (A) The defendant disseminates or permits the dissemination of the photograph to any other person; or
- (B) The victim of the offense is under thirteen (13) years of age at the time of the offense.
- (3) A violation of subdivision (a)(1) is a Class D felony if:
- (A) The defendant disseminates or permits the dissemination of the photograph to any other person; and
- (B) The victim of the offense is under thirteen (13) years of age at the time of the offense.
- (e) Nothing in this section shall preclude the state from electing to prosecute conduct in violation of this section under any other applicable section, including chapter 17, parts 9 and 10 of this title.
- (f) In addition to the punishment provided for a person who commits the misdemeanor unlawful photographing pursuant to subdivision (a)(1), the trial judge may order, after taking into account the facts and circumstances surrounding the offense, including the offense for which the person was originally charged and whether the conviction was the result of a plea bargain agreement, that the person be required to register as a sexual offender pursuant to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, compiled in title 40, chapter 39, part 2.
History (9)
- Acts 1994, ch. 970, § 2
- 1997, ch. 469, §§ 1, 2
- 2000, ch. 667, § 2
- 2010, ch. 1124, §§ 1, 2
- 2014, ch. 977, § 1
- 2016, ch. 941, § 1
- 2018, ch. 866, § 1
- 2021, ch. 354, § 1
- 2022, ch. 920, §§ 1-5.
§ 39-13-606. Electronic tracking of motor vehicles. - (a)
- (1)
- (A) Except as provided in subsection (b), it is an offense for a person to knowingly install, conceal or otherwise place an electronic tracking device in or on a motor vehicle without the consent of all owners of the vehicle for the purpose of monitoring or following an occupant or occupants of the vehicle.
- (B) It is an offense for a person who leases a motor vehicle to knowingly install, conceal, or otherwise place an electronic tracking device in or on the motor vehicle without the consent of the lessee of the vehicle.
- (2) As used in this section:
- (A) “Lease” has the same meaning as defined in § 39-14-147;
- (B) “Owner” includes a person who has purchased a motor vehicle using a loan; and
- (C) “Person” does not include the manufacturer of the motor vehicle.
- (b)
- (1) It shall not be a violation if the installing, concealing or placing of an electronic tracking device in or on a motor vehicle is by, or at the direction of, a law enforcement officer in furtherance of a criminal investigation and is carried out in accordance with applicable state and federal law.
- (2) If the installing, concealing or placing of an electronic tracking device in or on a motor vehicle is by, or at the direction of, a parent or legal guardian who owns or leases the vehicle, and if the device is used solely for the purpose of monitoring the minor child of the parent or legal guardian when the child is an occupant of the vehicle, then the installation, concealment or placement of the device in or on the vehicle without the consent of any or all occupants in the vehicle shall not be a violation.
- (3) It shall also not be a violation of this section if the installing, concealing or placing of an electronic tracking device in or on a motor vehicle is for the purpose of tracking the location of stolen goods being transported in the vehicle or for the purpose of tracking the location of the vehicle if it is stolen.
- (c) This section shall not apply to a tracking system installed by the manufacturer of a motor vehicle.
- (d) A violation of this section is a Class A misdemeanor.
History (3)
- Acts 1997, ch. 339, § 1
- 2014, ch. 790, § 1
- 2016, ch. 860, §§ 1, 2.
§ 39-13-607. Observation without consent. - (a) It is an offense for a person to knowingly spy upon, observe or otherwise view an individual, when the individual is in a place where there is a reasonable expectation of privacy, without the prior effective consent of the individual, if the viewing:
- (1) Would offend or embarrass an ordinary person if the person knew the person was being viewed; and
- (2) Was for the purpose of sexual arousal or gratification of the defendant.
- (b) It is not a defense to a violation of this section that the defendant was lawfully on the premises where the offense occurred.
- (c) If the person being viewed is a minor, this section is violated regardless of whether the minor or the minor's parent or guardian consented to the viewing.
- (d)
- (1) A violation of this section is a Class A misdemeanor.
- (2) A violation of this section is a Class E felony if the victim is under thirteen (13) years of age at the time the offense is committed.
- (e) Nothing in this section shall preclude the state from electing to prosecute conduct in violation of this section under any other applicable section.
History (2)
- Acts 2000, ch. 667, § 1
- 2014, ch. 977, § 2.
§ 39-13-608. Offense of interception of radio frequency transmission to flee from criminal offense. - (a) It is an offense for a person to knowingly intercept any radio frequency transmission with the intent to use the intercepted transmission to commit, facilitate, or aid in the flight from a criminal offense.
- (b) For purposes of this section, “radio frequency transmission” means any radio transmission made by a law enforcement, fire fighting, emergency medical, federal, state or local corrections or homeland security official during the course of the official's duties.
- (c) A violation of this section is a Class A misdemeanor.
§ 39-13-609. Freedom from Unwarranted Surveillance Act — Use of drones to gather evidence or information — Standing to initiate civil action against law enforcement agency. - (a) This section shall be known and may be cited as the “Freedom from Unwarranted Surveillance Act.”
- (b) As used in this section:
- (1) “Drone” means a powered, aerial vehicle that:
- (A) Does not carry a human operator and is operated without the possibility of direct human intervention from within or on the aircraft;
- (B) Uses aerodynamic forces to provide vehicle lift;
- (C) Can fly autonomously or be piloted remotely; and
- (D) Can be expendable or recoverable; and
- (2) “Law enforcement agency” means a lawfully established state or local public agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, regulatory, game, or controlled substance laws.
- (c) The use of a drone, or other substantially similar device, by a law enforcement agency to search for and collect evidence or obtain information or other data shall constitute a search unless authorized by and used in compliance with this subsection (c) or subsection (d). A drone may be used for such purposes:
- (1) If used in compliance and consistent with applicable federal aviation administration rules, exemptions, or other authorizations; and
- (2)
- (A) If the agency first obtains a search warrant signed by a judge authorizing the use of a drone; or
- (B) If a judicially recognized exception to the warrant requirement exists at the time of use.
- (d) A drone, or other substantially similar device, may be used for the purposes described in subsection (c) without a search warrant or recognized warrant exception if used:
- (1) In compliance and consistent with applicable federal aviation administration rules, exemptions, or other authorizations; and
- (2)
- (A) To counter a high risk of a terrorist attack by a specific individual or organization if the United States secretary of homeland security determines that credible intelligence indicates that there is such a risk;
- (B) To prevent imminent danger to life where there is reasonable suspicion that, under particular circumstances, immediate action is needed;
- (C) To provide continuous aerial coverage when law enforcement is searching for a fugitive or escapee or is monitoring a hostage situation;
- (D) To provide more expansive aerial coverage when deployed for the purpose of searching for a missing person;
- (E) To investigate motor vehicle accidents that occur within the traffic right-of-way or an area open to the public;
- (F) Where a criminal offense has occurred on publicly owned property, as defined in § 6-54-127(b), or where the law enforcement agency has reasonable suspicion that a criminal offense has occurred on such property;
- (G) At the scene of a fire investigation;
- (H) To provide aerial coverage of public property, or private property with the consent of the private property owner, when deployed for the purpose of providing or enhancing security for an event open to the public, including, but not limited to, music concerts, athletic events, festivals, protests, and other outdoor events;
- (I) To provide aerial coverage in case of a natural disaster when a state of emergency is declared; or
- (J) To investigate the scene of a crime that is occurring or has occurred.
- (e)
- (1) Any law enforcement agency that uses a drone, or other substantially similar device, to collect evidence or obtain information or other data shall comply in all respects with the fourth amendment to the Constitution of the United States and Constitution of Tennessee, Article I, § 7.
- (2) Any evidence, information, or other data collected or obtained by use of a drone shall:
- (A) Be deleted within fifteen (15) business days of collection unless the evidence, information, or other data is directly relevant to the lawful reason the drone was being used or to an investigation or criminal prosecution. If the evidence, information, or other data is directly relevant to either, the evidence must be retained and deleted by the collecting law enforcement agency in accordance with the same criteria, policies, and procedures used by the agency for evidence collected by methods other than a drone;
- (B) Not be admissible as evidence in a criminal prosecution in any court of law in this state if it was collected or obtained in violation of subsection (c) or (d); and
- (C) Not be used as probable cause to obtain a search or arrest warrant or reasonable suspicion to detain a person or vehicle if evidence, information, or other data was collected or obtained that was, at the time of collection, in violation of this section.
- (f) Any person aggrieved by the use of a drone in violation of this section may initiate a civil action against a law enforcement agency to obtain all appropriate relief, including injunctive relief, destruction of the evidence, information or other data obtained, damages, and reasonable attorney fees.
History (3)
- Acts 2013, ch. 470, § 1
- 2018, ch. 970, § 1
- 2021, ch. 462, §§ 1, 2.
§ 39-13-610. Search warrant required to obtain location information of an electronic device — Exceptions to warrant requirement — Admissibility into evidence. - (a) As used in this section:
- (1) “Electronic communication service” means a service that provides to users of the service the ability to send or receive wire or electronic communications;
- (2) “Electronic device” means a device that enables access to or use of an electronic communication service, remote computing service, or location information service;
- (3) “Governmental entity” means a state or local government agency, including, but not limited to, any law enforcement agency that is a lawfully established state or local public agency responsible for the prevention and detection of crime, local government code enforcement, or the enforcement of penal, traffic, regulatory, game, or controlled substance laws. A governmental entity also includes any other investigative entity, agency, department, division, bureau, board, commission, or an individual acting or purporting to act for or on behalf of a state or local agency;
- (4) “Location information” means information concerning the location of an electronic device that, in whole or in part, is generated or derived from or obtained by the operation of an electronic device on a cellular telephone network or a location information service, rather than obtained from a service provider; and
- (5) “Location information service” means the provision of global positioning service or other mapping, locational, or directional information service.
- (b) Except as provided in subsection (c), no governmental entity shall obtain the location information of an electronic device without a search warrant issued by a duly authorized court.
- (c) A government entity may obtain location information of an electronic device without obtaining a search warrant under any of the following circumstances:
- (1) If the electronic device is reported stolen by the owner;
- (2) If necessary to respond to the user's call for emergency services;
- (3) To prevent imminent danger to the life of the owner or user;
- (4) To prevent imminent danger to the public;
- (5) With the informed, affirmative consent of the owner or user of the electronic device;
- (6) If the user has posted the user's location within the last twenty-four (24) hours on a social media website; or
- (7) If exigent circumstances justify obtaining location information for the electronic device without a warrant.
- (d) Any evidence obtained in violation of this section is not admissible in a civil, criminal, or administrative proceeding and shall not be used in an affidavit of probable cause in an effort to obtain a search warrant.
- (e)
- (1) This section shall not be construed to apply to any smart meter gateway device.
- (2) For purposes of this subsection (e), “smart meter gateway device” means any electric or natural gas utility meter, utility meter component, utility meter load control device, or any device ancillary to the utility meter, which is located at an end-user's residence or business and which serves as a communication gateway or portal to electrical or natural gas powered appliances, equipment, or devices within the end-user's residence or business, or which otherwise communicates with, monitors, measures, records, reports, stores, restricts, or regulates such electrical or natural gas powered appliances, equipment, or devices.
§ 39-13-611. Aggravated unlawful photographing of minor. - (a) A person commits the offense of aggravated unlawful photographing when the person knowingly photographs, or causes to be photographed a minor, when the minor has a reasonable expectation of privacy, if the photograph:
- (1) Depicts the minor in a state of nudity; and
- (2) Was taken for the purpose of sexual arousal or gratification of the defendant.
- (b) As used in this section:
- (1) “Nudity” has the meaning given in § 39-17-901; and
- (2) “Photograph” has the meaning given in § 39-13-605.
- (c) A violation of subsection (a) is a Class C felony.
- (d) Nothing in this section shall preclude the state from electing to prosecute conduct in violation of this section under any other applicable section, including chapter 17, parts 9 and 10 of this title.
§ 39-13-612. Personal Privacy Protection Act. - (a) This section shall be known and may be cited as the “Personal Privacy Protection Act.”
- (b) As used in this section:
- (1) “Law enforcement agency” means a lawfully established state or local public agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, regulatory, game, or controlled substance laws;
- (2) “Nonfinancial support” means gifts of securities, real property, services, or other in-kind donations;
- (3) “Personal information” means the name and data of any kind that directly or indirectly identifies a person as a member, supporter, or volunteer of, or donor of financial or nonfinancial support to, any entity exempt from federal income tax under § 501(c) of the Internal Revenue Code; and
- (4) “Public agency” means any state or local governmental unit, department, or agency, however designated, which requires an entity exempt from federal income tax under § 501(c) of the Internal Revenue Code to provide the public agency with the names and other personal information of its members, supporters, volunteers, or donors.
- (c) Notwithstanding any law to the contrary, and subject to subsections (e), (g), and (h), a public agency shall not:
- (1) Release, publicize, or otherwise publicly disclose personal information in possession of that public agency; and
- (2) Require an entity exempt from federal income tax under § 501 (c) of the Internal Revenue Code to provide the names or other personal information of persons who have provided financial or nonfinancial support to the exempt entity.
- (d) A public agency may share personal information with a federal agency as required by federal law. However, personal information shared pursuant to this subsection (d) is otherwise subject to the requirements of subsection (c) and is not a public record pursuant to title 10, chapter 7.
- (e) This section does not preclude:
- (1) A report or disclosure required by title 2, chapter 10;
- (2) A report or disclosure required by title 3, chapter 6;
- (3) The disclosure of personal information amongst law enforcement agencies pursuant to an active investigation;
- (4) A lawful warrant for personal information issued by a court of competent jurisdiction;
- (5) A lawful request for discovery of personal information in litigation if the following conditions are met:
- (A) The requestor demonstrates a compelling need for the personal information by clear and convincing evidence; and
- (B) The requestor obtains a protective order barring disclosure of the personal information to any person not named in the litigation;
- (6) Admission of personal information as relevant evidence before a court of competent jurisdiction. However, the court shall issue a protective order barring disclosure of the personal information to any person not named in the litigation;
- (7) A state agency from requesting or disclosing personal information as required by federal or state law;
- (8) A lawful request for discovery of personal information in litigation to demonstrate that a party has standing to bring or appeal any action; or
- (9) The enforcement of title 48, chapter 101, part 5, by the appropriate state officials.
- (f) A person who knowingly violates this section commits a Class B misdemeanor.
- (g) The comptroller of the treasury or the comptroller's designated representative shall have access to personal information for purposes of audit or investigation, but that personal information is otherwise subject to the requirements of subsection (c) and is not a public record pursuant to title 10, chapter 7.
- (h) A state agency or the agency's designated representative shall have access to personal information for purposes of conducting an audit, monitoring, verifying eligibility for benefits, conducting a background check, or conducting an investigation, but that personal information is otherwise subject to the requirements of subsection (c) and is not a public record pursuant to title 10, chapter 7.
- (i) An institution of higher education is not subject to this section.
- (j) This section does not apply to a national securities association that is registered pursuant to Section 15A of the Securities Exchange Act of 1934 (15 U.S.C. § 78o-3), as amended, or regulations adopted under the Act, or any information such national securities association provides to the commissioner of commerce and insurance pursuant to title 48, chapter 1, and rules promulgated pursuant to that chapter.
Part 7 Standardized Treatment for Sex Offenders § 39-13-701. Short title. - This part shall be known and may be cited as the “Tennessee Standardized Treatment Program for Sex Offenders.”
§ 39-13-702. Legislative intent. - (a) The general assembly hereby declares that the comprehensive evaluation, identification, treatment, and continued monitoring of sex offenders who are subject to the supervision of the criminal justice system are necessary in order to work toward the elimination of recidivism by the offenders.
- (b) Therefore, the general assembly hereby creates a program that standardizes the evaluation, identification, treatment, and continued monitoring of sex offenders at each stage of the criminal justice system, so that the offenders will curtail recidivistic behavior, and so that the protection of victims and potential victims will be enhanced. The general assembly recognizes that some sex offenders cannot or will not respond to treatment and that, in creating the program described in this part, the general assembly does not intend to imply that all sex offenders can be successful in treatment.
§ 39-13-703. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Board” means the sex offender treatment board created in § 39-13-704;
- (2) “Sex offender” means any person who is convicted in this state, on or after January 1, 1996, of any sex offense, or if such person has been convicted in another state of an offense that would constitute a sex offense in this state, and who is subject to parole or probation supervision by the department of correction pursuant to an interstate compact;
- (3) “Sex offense” means any felony or misdemeanor offense described as follows:
- (A) The commission of any act that, on or after January 1, 1996, constitutes the criminal offense of:
- (i) Rape of a child, as defined in § 39-13-522;
- (ii) Aggravated rape, as defined in § 39-13-502;
- (iii) Rape, as defined in § 39-13-503;
- (iv) Aggravated sexual battery, as defined in § 39-13-504;
- (v) Sexual battery, as defined in § 39-13-505;
- (vi) Statutory rape, as defined in § 39-13-506;
- (vii) Incest, as defined in § 39-15-302;
- (viii) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subdivision (3)(A); and
- (ix) Criminal responsibility for the facilitation of a felony when the specific felony facilitated is any of the offenses specified in this subdivision (3)(A);
- (B) The commission of any act that, on or after July 1, 2008, constitutes the criminal offense of:
- (i) Sexual battery by an authority figure, as defined in § 39-13-527;
- (ii) Solicitation of a minor, as defined in § 39-13-528;
- (iii) Exploitation of a minor by electronic means, as defined in § 39-13-529; provided, that the victim of the offense is less than thirteen (13) years of age;
- (iv) Aggravated rape of a child, as defined in § 39-13-531;
- (v) Statutory rape by an authority figure, as defined in § 39-13-532;
- (vi) Sexual exploitation of a minor, as defined in § 39-17-1003;
- (vii) Aggravated sexual exploitation of a minor, as defined in § 39-17-1004;
- (viii) Especially aggravated sexual exploitation of a minor, as defined in § 39-17-1005;
- (ix) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subdivision (3)(B); and
- (x) Criminal responsibility for the facilitation of a felony when the specific felony facilitated is any of the offenses specified in this subdivision (3)(B); or
- (C) The commission of any act that, on or after July 1, 2021, constitutes the criminal offense of:
- (i) Trafficking for commercial sex act, as prohibited by § 39-13-309;
- (ii) Patronizing prostitution from a person who is younger than eighteen (18) years of age or has an intellectual disability, as prohibited by § 39-13-514;
- (iii) Promoting the prostitution of a minor, as prohibited by § 39-13-515;
- (iv) Criminal attempt, conspiracy, or solicitation to commit any of the offenses specified in this subdivision (3)(C); and
- (v) Criminal responsibility for the facilitation of a felony when the specific felony facilitated is any of the offenses specified in this subdivision (3)(C); and
- (4) “Treatment” means therapy and supervision of any sex offender that conforms to the standards created by the board pursuant to § 39-13-704.
History (6)
- Acts 1995, ch. 353, § 4
- 1996, ch. 968, § 1
- 1998, ch. 1049, § 12
- 2008, ch. 1015, § 1
- 2012, ch. 727, § 6
- 2021, ch. 365, § 1.
§ 39-13-704. Sex offender treatment board — Creation — Membership — Term — Duties — Immunity from liability. - (a) There is created, in the department of correction, a sex offender treatment board, which shall consist of twelve (12) members. The membership of the board shall consist of the following persons:
- (1) One (1) member representing the judicial branch, appointed by the chief justice of the supreme court;
- (2) Two (2) members representing the department of correction, appointed by the commissioner of correction;
- (3) One (1) member representing the Tennessee bureau of investigation, appointed by the director;
- (4) One (1) member representing the department of children's services, appointed by the commissioner of children's services;
- (5) One (1) member, appointed by the commissioner of correction, who is a licensed mental health professional with recognizable expertise in the treatment of sex offenders;
- (6) One (1) member, appointed by the commissioner of correction, who is a district attorney general;
- (7) [Deleted by 2021 amendment.]
- (8) One (1) member, appointed by the commissioner of correction, who is a public defender;
- (9) One (1) member, appointed by the commissioner of correction, who is a representative of law enforcement;
- (10) Two (2) members, appointed by the commissioner of correction who are recognized experts in the field of sex abuse, and who can represent sex abuse victims and victims' rights organizations; and
- (11) One (1) member, appointed by the presiding officer of the sex offender treatment board, who is a representative of the board of parole.
- (b) The commissioner of correction shall appoint a presiding officer for the board from among the board members appointed pursuant to subsection (a). The presiding officer shall serve as such at the pleasure of the commissioner.
- (c)
- (1) Any member of the board who is appointed pursuant to subdivisions (a)(1)-(4) shall serve at the pleasure of the official who appointed that member, for a term that shall not exceed four (4) years. Those members shall serve without additional compensation.
- (2) Any member of the board created in subsection (a) who is appointed pursuant to subdivisions (a)(5)-(10) shall serve for a term of four (4) years. Those members shall serve without compensation.
- (d) The board shall carry out the following duties:
- (1) The board shall develop and prescribe a standardized procedure for the evaluation and identification of sex offenders. The procedure shall provide for an evaluation and identification of the offender and recommend behavior management monitoring and treatment based upon the knowledge that sex offenders are extremely habituated and that there is no known cure for the propensity to commit sex abuse. The board shall develop and implement measures of success based upon a no-cure policy for intervention. The board shall develop and implement methods of intervention for sex offenders that have as a priority the physical and psychological safety of victims and potential victims and that are appropriate to the needs of the particular offender; provided, that there is no reduction of the safety of victims and potential victims;
- (2) The board shall develop guidelines and standards for a system of programs for the treatment of sex offenders that can be utilized by offenders who are placed on probation, incarcerated with the department of correction, placed on parole, or placed in community corrections. The programs developed shall be as flexible as possible, so that such programs may be utilized by each offender to prevent the offender from harming victims and potential victims. The programs shall be structured in a manner that the programs provide a continuing monitoring process, as well as a continuum of treatment programs for each offender as that offender proceeds through the criminal justice system, and may include, but shall not be limited to, polygraph examinations by therapists and probation and parole officers, group counseling, individual counseling, outpatient treatment, inpatient treatment, or treatment in a therapeutic community. The programs shall be developed in a manner that, to the extent possible, the programs may be accessed by all offenders in the criminal justice system. The procedures for evaluation, identification, treatment, and continued monitoring required to be developed shall be implemented only to the extent that funds are available in the sex offender treatment fund created in § 39-13-708;
- (3) The board shall develop a plan for the allocation of moneys deposited in the sex offender treatment fund created pursuant to § 39-13-708, among the judicial branch, the department of correction, and the department of children's services. In addition, the board shall coordinate the expenditure of funds from the sex offender treatment fund with any funds expended by any of the departments listed in this subdivision (d)(3) for the identification, evaluation, and treatment of sex offenders;
- (4) The board shall research and analyze the effectiveness of the evaluation, identification, and treatment procedures and programs developed pursuant to this part. The board shall also develop and prescribe a system for tracking offenders who have been subjected to evaluation, identification, and treatment pursuant to this part. In addition, the board shall develop a system for monitoring offender behaviors and offender adherence to prescribed behavioral changes. The results of the tracking and behavioral monitoring shall be a part of any analysis made pursuant to this subdivision (d)(4); and
- (5) The board shall compile and make available on the board's website a list of approved sex offender evaluation providers and a list of approved sex offender treatment providers that the board deems fit, based upon the provider's specific training, experience, and professional licensure, to fulfill the objectives set forth in this section.
- (e) The board and the individual members of the board shall be immune from any liability, whether civil or criminal, for the good faith performance of the duties of the board.
History (6)
- Acts 1995, ch. 353, § 5
- 1996, ch. 968, §§ 2-4
- 1996, ch. 1079, § 123
- 1998, ch. 1049, § 13
- 2021, ch. 204, § 1
- 2021, ch. 409, § 16.
§ 39-13-705. Evaluation and identification. - (a) On and after January 1, 1996, each sex offender who is to be considered for probation or any other alternative sentencing shall be required to submit to an evaluation for treatment, risk potential, procedures required for monitoring of behavior to protect victims and potential victims, and an identification under the procedures developed pursuant to § 39-13-704(d)(1).
- (b) Those offenders found guilty at trial or who pled guilty without an agreement as to length of sentence, probation, or alternative sentencing that are to have a presentence report prepared for submission to the court shall be required to submit to the evaluation referred to in subsection (a). The evaluation shall be included as part of the presentence report and shall be considered by the court in determining the sentencing issues stated in this section. If the court grants probation or alternative sentencing, any plan of treatment recommended by the evaluation shall be a condition of the probation or alternative sentencing. Those offenders who, as part of a negotiated settlement of their case, are to be placed on probation or alternative sentencing shall be required to submit to the evaluation referred to in subsection (a) as a condition of their probation or alternative sentencing; and any plan of treatment recommended by the evaluation shall be a condition of probation or alternative sentencing.
- (c) The evaluation and identification required by subsection (a) shall be at the expense of the offender evaluated, based upon the offender's ability to pay. The plan of treatment and behavior management shall be at the expense of the offender based upon the offender's ability to pay.
- (d) Any evaluation required by this section must be performed by an individual or entity on the sex offender treatment board's list of approved providers compiled pursuant to § 39-13-704(d)(5).
History (4)
- Acts 1995, ch. 353, § 6
- 1996, ch. 968, § 5
- 1998, ch. 971, § 1
- 2021, ch. 204, § 2.
§ 39-13-706. Treatment and monitoring of offenders. - (a) Each sex offender sentenced by the court for an offense committed on or after January 1, 1996, is required, as a part of any sentence to probation, community corrections, or incarceration with the department of correction, to undergo treatment to the extent appropriate to the offender based upon the recommendations of the evaluation and identification made pursuant to § 39-13-705, or based upon any subsequent recommendations by the department of correction, the judicial branch or the department of children's services, whichever is appropriate. Any treatment and monitoring shall be at the person's own expense, based upon the person's ability to pay for the treatment.
- (b) Each sex offender placed on parole by the state board of parole on or after January 1, 1996, is required, as a condition of parole, to undergo treatment to the extent appropriate to the offender based upon the recommendations of the evaluation and identification pursuant to § 39-13-705 or any evaluation or subsequent reevaluation regarding the person during the person's incarceration or any period of parole. Any treatment shall be at the person's expense, based upon the person's ability to pay for such treatment.
- (c) Any treatment required by this section must be provided by an individual or entity on the sex offender treatment board's list of approved providers compiled pursuant to § 39-13-704(d)(5).
History (4)
- Acts 1995, ch. 353, § 7
- 1996, ch. 1079, § 123
- 1998, ch. 1049, § 14
- 2021, ch. 204, § 3.
§ 39-13-707. Treatment services to conform with board standards — Approved providers. - (a) The department of correction, the judicial branch, or the department of children's services shall not employ or contract with any individual or entity to provide treatment services pursuant to this part, unless the treatment services to be provided by the individual or entity conform with the standards developed pursuant to § 39-13-704(d)(2) and are provided by an individual or entity on the sex offender treatment board's list of approved providers compiled pursuant to § 39-13-704(d)(5).
- (b) An individual or entity shall not provide sex offender evaluation or treatment services pursuant to this part unless the individual or entity is on the sex offender treatment board's list of approved providers compiled pursuant to § 39-13-704(d)(5). Unapproved providers who conduct sex offender evaluation or treatment services must be referred to the relevant licensing board for disciplinary action.
History (3)
- Acts 1995, ch. 353, § 8
- 1996, ch. 1079, § 123
- 2021, ch. 204, §§ 4, 5.
§ 39-13-708. Surcharge. - (a) For purposes of this section, unless the context otherwise requires, “convicted” and “conviction” means an adjudication of guilt of a sex offense as defined in this part as follows:
- (1) Plea of guilty, including a plea of guilty entered pursuant to § 40-35-313;
- (2) Verdict of guilty by a judge or jury;
- (3) Plea of no contest; and
- (4) Best interest plea.
- (b) On and after July 1, 1996, each person who is convicted of a sex offense as defined in this part shall pay a tax to the clerk of the court in which the conviction occurs, in an amount not to exceed three thousand dollars ($3,000), as determined by the court for each conviction as defined by this part.
- (c) The clerk of the court shall allocate the tax required by subsection (b) as follows:
- (1) Five percent (5%) of the tax paid shall be retained by the clerk for administrative costs incurred pursuant to this subsection (c); and
- (2) Ninety-five percent (95%) of the tax paid under this section shall be deemed a litigation tax imposed pursuant to § 67-4-602, and shall be includible as an amount subject to apportionment pursuant to § 67-4-606.
- (d) There is created in the state treasury a sex offender treatment fund, which shall consist of moneys received by the state treasurer pursuant to this part. All interest derived from the deposit and investment of this fund shall be credited to the general fund. Any moneys not appropriated by the general assembly shall remain in the sex offender treatment fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year. All moneys in the fund shall be subject to annual appropriation by the general assembly to the judicial branch, the department of correction, and the department of children's services, after consideration of the plan developed pursuant to § 39-13-704(d)(3), to cover the direct and indirect costs associated with the evaluation, identification, and treatment and the continued monitoring of sex offenders.
- (e) The court may waive all or any portion of the tax required by this section if the court finds that a person convicted of a sex offense is indigent or financially unable to pay.
- (f) For the purposes of collecting any unpaid balance of the tax imposed by this part, the department of correction shall deduct from the trust fund account of any sex offender who is in custody of the department of correction those moneys necessary to satisfy the unpaid tax.
History (5)
- Acts 1995, ch. 353, § 10
- 1996, ch. 968, § 6
- 1996, ch. 1079, § 123
- 2005, ch. 429, § 21
- T.C.A. § 39-13-709.
Part 8 Terrorism Prevention and Response Act of 2002 § 39-13-802. Legislative intent. - (a) The general assembly finds and declares that the threat of terrorism involving weapons of mass destruction, including, but not limited to, biological, chemical, nuclear, or radiological agents, is a compelling public safety and health concern. The general assembly recognizes that terrorism involving weapons of mass destruction could result in a disaster placing residents of Tennessee in great peril. The general assembly finds it necessary to sanction the possession, manufacture, use, or threatened use of chemical, biological, nuclear, or radiological weapons, as well as the intentional use or threatened use of industrial or commercial chemicals as weapons, to take other steps to prevent the occurrence of terrorist acts to the fullest extent possible, and to respond rapidly and effectively to any terrorist acts. The general assembly further finds and declares that hoaxes involving terrorist threats create a substantial drain on governmental resources and are a significant disruption to the operation of government, as well as a disruption of the right of persons to a sense of personal security.
- (b) The general assembly further finds and declares that the threat from terrorism arises from a variety of sources and means other than through the utilization of weapons of mass destruction. The general assembly finds that this state has a compelling state interest in preventing terrorism within its borders, and the targeted prohibitions set forth in this part are meant to be a focused and least intrusive method for this state to protect its residents from such threats. The general assembly further declares that this part neither targets, nor incidentally prohibits or inhibits, the peaceful practice of any religion.
History (2)
- Acts 2002, ch. 849, § 1
- 2011, ch. 497, § 2.
§ 39-13-803. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Act of terrorism” means an act or acts constituting a violation of this part, any other offense under the laws of Tennessee, or an act or acts constituting an offense in any other jurisdiction within or outside the territorial boundaries of the United States that contains all of the elements constituting a violation of this part or is otherwise an offense under the laws of such jurisdiction, that is intended, directly or indirectly, to:
- (A) Intimidate or coerce a civilian population;
- (B) Influence the policy of a unit of government by intimidation or coercion;
- (C) Affect the conduct of a unit of government by murder, assassination, torture, kidnapping, or mass destruction; or
- (D) Serve as a premeditated, politically motivated act of violence, or violence in pursuit of religious, ideological, or social objectives, perpetrated against first responders, including law enforcement officers, correctional officers, department of correction employees, probation or parole officers, paramedics, firefighters, or other emergency medical rescue workers acting in their official capacity, which results in loss of life, in which case it must be prosecuted and sentenced under § 39-13-202;
- (2) “Biological warfare agents” mean agents intended for use in war or other attack to cause disease or death in humans, animals, or plants that depend for their effect on multiplication within the target organism, and includes, but is not limited to, the following agents, or any analog of these agents:
- (A) Bacteria
- (i) Bacillus anthracis (anthrax);
- (ii) Bartonella quintana (trench fever);
- (iii) Brucella species (brucellosis);
- (iv) Burkholderia mallei (glanders);
- (v) Burkholderia pseudomallei (meliodosis);
- (vi) Franciscella tularensis (tularaemia);
- (vii) Salmonella typhi (typhoid fever);
- (viii) Shigella species (shigellosis);
- (ix) Vibrio cholerae (cholera);
- (x) Yersinia pestis (plague);
- (xi) Coxiella burnetii (Q fever);
- (xii) Orientia tsutsugamushi (scrub typhus);
- (xiii) Rickettsia prowazeki (typhus fever);
- (xiv) Rickettsia rickettsii (Rocky Mountain spotted fever);
- (xv) Chlamydia psittaci (psittacosis);
- (xvi) Clostridium botulinum (botulism);
- (xvii) Mycobacterium tuberculosis (tuberculosis);
- (xviii) Staphylococcus aureus (staphylococcal enterotoxin B); and
- (xix) Escherichia coli (E. coli);
- (B) Fungi
- (i) Coccidiodes immitis (coccidioidomycosis);
- (ii) Histoplasma capsulata (histoplasmosis); and
- (iii) Aflatoxin
- (C) Viruses
- (i) Hantaan/Korean haemorrhagic fever and related viruses;
- (ii) Sin Nombre;
- (iii) Crimean-Congo haemorrhagic fever;
- (iv) Rift Valley fever;
- (v) Ebola fever;
- (vi) Marburg;
- (vii) Lymphocytic choriomeningitis;
- (viii) Junin (Argentinian haemorrhagic fever);
- (ix) Machupo (Bolivian haemorrhagic fever);
- (x) Lassa fever;
- (xi) Tick-borne encephalitis/Russian spring-summer encephalitis;
- (xii) Dengue;
- (xiii) Yellow fever;
- (xiv) Omsk haemorrhagic fever;
- (xv) Japanese encephalitis;
- (xvi) Western equine encephalomyelitis;
- (xvii) Eastern equine encephalomyelitis;
- (xviii) Chikungunya;
- (xix) O'nyong-nyong;
- (xx) Venezuelan equine encephalomyelitis;
- (xxi) Variola major (smallpox);
- (xxii) Monkey pox;
- (xxiii) White pox (variant of variola virus);
- (xxiv) Influenza; and
- (xxv) Hantavirus;
- (D) Protozoa
- (i) Naeglaeria fowleri (naegleriasis);
- (ii) Toxoplasma gondii (toxoplasmosis);
- (iii) Schistosoma species (bilharziasis); and
- (iv) Cryptosporidium parvum (cryptosporidiosis); and
- (E) Other toxins, including, but not limited to:
- (i) Ricin; and
- (ii) Saxitoxin;
- (3) “Chemical warfare agents” include, but are not limited to, the following agents, or any analog of these agents, intended for use in war or other attack to cause disease or death in humans, animals, or plants:
- (A) Nerve agents, including, but not limited to:
- (i) Ethyl NN- dimethylphosphoramidocyanidate (Tabun, or GA);
- (ii) O-isopropyl methylphosphonofluoridate (Sarin, or GB);
- (iii) O-1,2,2-trimethylpropyl methylphosphonofluoridate (Soman, or GD);
- (iv) O-cyclohexyl methylphosphonofluoridate (cyclosarin, or GF);
- (v) O-ethyl S-2-diisopropylaminoethyl methylphosphonothiolate (VX);
- (vi) O-ethyl S-2-dimethylaminoethyl methylphosphonothiolate (medemo); and
- (vii) O-isobutyl S-2-diethylaminoethyl methylphosphonothiolate (VR);
- (B) Blood agents, including, but not limited to:
- (i) Hydrogen cyanide (AC);
- (ii) Cyanogen chloride (CK); and
- (iii) Arsine (SA);
- (C) Blister agents, including, but not limited to:
- (i) Mustards (H, HD (sulfur mustard), HN-1, HN-2, HN-3 (nitrogen mustard));
- (ii) Arsenicals, including, but not limited to, Lewisite (L);
- (iii) Urticants, including, but not limited to, CX;
- (iv) Bis(2-chloroethylthioethyl) ether (agent T); and
- (v) Incapacitating agents, including, but not limited to, BZ; provided, however, that “incapacitating agents” shall not include any agent, the possession of which is otherwise lawful, that is intended for use for self-defense or defense of others;
- (D) Choking agents, including, but not limited to:
- (i) Phosgene (CG);
- (ii) Diphosgene (DP); and
- (iii) Chloropicrin;
- (E) Pesticides;
- (F) Dioxins;
- (G) Polychlorinated biphenyls (PCBs);
- (H) Flammable industrial gases and liquids, including, but not limited to:
- (i) Gasoline; and
- (ii) Propane; and
- (I) Tear gases and other disabling chemicals, including, but not limited to:
- (i) 10-chloro-5, 10-dihydrophenarsazine (adamsite, or DM);
- (ii) 1-chloroacetophenone (CN);
- (iii) a-bromophenylacetonitrile (larmine, BBC or CA);
- (iv) 2-chlorobenzalmalononitrile (CS);
- (v) Dibenzoxazepine (CR);
- (vi) Oleoresin capsicum (OC); and
- (vii) 3-quinuclidinyl benzilate (BZ); provided, however, that “tear gases and other disabling chemicals” shall not include any agent, the possession of which is otherwise lawful, that is intended for use for self-defense or defense of others;
- (4) “Designated entity” means any entity designated by the United States department of state as a foreign terrorist organization in accordance with § 219 of the Immigration and Nationality Act (8 U.S.C. § 1189), or by the United States department of the treasury as a specially designated national in accordance with 31 CFR part 500;
- (5) “Expert advice or assistance”:
- (A) Means advice or assistance derived from scientific, technical, legal or other specialized knowledge; and
- (B) Does not mean legal services provided to a defendant in relation to any action brought pursuant to this part, or pursuant to federal or state law;
- (6) “Financial institution” shall have the meaning provided in 31 CFR chapter X;
- (7) “Material support or resources”:
- (A) Means any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, transportation, and personnel; and
- (B) Does not include medicine or religious materials;
- (8) “Nuclear or radiological agents” includes, but is not limited to:
- (A) Any explosive device designed to cause a nuclear yield, also known as an improvised nuclear device (IND);
- (B) Any explosive device utilized to spread radioactive material, also known as a radiological dispersal device (RDD); and
- (C) Any act or container designed to release radiological material as a weapon without an explosion, also known as a simple radiological dispersal device (SRDD);
- (9) “Training” means instruction or teaching designed to impart a specific skill, as opposed to general knowledge;
- (10) “Weapon of mass destruction” includes chemical warfare agents, biological or biologic warfare agents, weaponized agents, weaponized biological or biologic warfare agents, nuclear agents, radiological agents, or the intentional release of industrial agents as a weapon;
- (11) “Weaponization” is the deliberate processing, preparation, packaging, or synthesis of any substance for use as a weapon or munition;
- (12) “Weaponized agents” are those agents or substances prepared for dissemination through any explosive, thermal, pneumatic, or mechanical means; and
- (13) “Weaponized biological or biologic warfare agents” include, but are not limited to, weaponized pathogens, such as bacteria, viruses, rickettsia, yeasts, fungi, or genetically engineered pathogens, toxins, vectors, and endogenous biological regulators (EBRs).
History (3)
- Acts 2002, ch. 849, § 1
- 2011, ch. 497, § 3
- 2021, ch. 528, § 21.
§ 39-13-804. Intentional release of dangerous chemical or hazardous material with intent of causing harm. - (a) The intentional release of a dangerous chemical or hazardous material utilized in a lawful industrial or commercial process shall be considered use of a weapon of mass destruction when a person knowingly utilizes those agents with intent and for the purpose of causing harm to persons either directly or indirectly through harm to animals or the environment. The release of dangerous chemicals or hazardous materials for any purpose shall remain subject to regulation under federal and state environmental laws.
- (b) The lawful use of chemicals for legitimate mineral extraction, industrial, agricultural, commercial, or private purposes, such as gasoline used to power engines or propane used for heating or cooking, is not proscribed by this part.
- (c) No university, research institution, private company, individual, hospital, or other health care facility shall be subject to this part for actions taken in furtherance of objectives undertaken for a lawful purpose; provided, that such actions are taken in connection with scientific or public health research or are necessary for therapeutic or clinical purposes, and, as required, are licensed or registered with the centers for disease control and prevention pursuant to the Code of Federal Regulations (CFR) or other applicable authorities.
§ 39-13-805. Commission of act of terrorism. - (a) It is an offense for any person to commit an act of terrorism in this state.
- (b)
- (1) An act of terrorism is a Class A felony.
- (2) If the act of terrorism results in the loss of human life, the defendant shall be prosecuted and sentenced for first degree murder, under § 39-13-202, rather than under this section.
History (2)
- Acts 2002, ch. 849, § 1
- 2021, ch. 528, § 20.
§ 39-13-806. Weapons of mass destruction. - (a) It is an offense for any person, without lawful authority, to possess, develop, manufacture, produce, transfer, acquire, weaponize, or retain any weaponized agent, biological warfare agent, weaponized biological or biologic warfare agent, chemical warfare agent, nuclear or radiological agent, or any other weapon of mass destruction.
- (b) A violation of subsection (a) is a Class B felony.
§ 39-13-807. Provision of support or resources to designated entity or to persons committing or attempting an act of terrorism — Exception. - (a)
- (1) It is an offense for any person to provide material support or resources, or attempt or conspire to provide material support or resources, to:
- (A) Any person known by the person providing such material support or resources to be planning or carrying out an act of terrorism in this state, or concealing or attempting to escape after committing or attempting to commit an act of terrorism; or
- (B) A designated entity; provided, the person must have actual knowledge that the entity is a designated entity.
- (2) It is an offense for an entity that is supported in whole or in part by public funds to knowingly provide meeting spaces or other forums, including, but not limited to, electronic and print platforms, to any of the following for the purpose of soliciting material support, recruiting new members, or encouraging violent action:
- (A) A designated entity;
- (B) A group or organization that the entity knows or reasonably should know has been found by a court of competent jurisdiction within the United States to have engaged in an act of terrorism; or
- (C) A group or organization that the entity knows or reasonably should know receives financial or other support from a designated entity.
- (b)
- (1) A violation of subdivision (a)(1) is a Class A felony.
- (2) A violation of subdivision (a)(2) is a Class E felony punishable only by a fine of up to three thousand dollars ($3,000) per offense.
- (c) This section shall not apply to any financial service, funds transfer, or securities transaction conducted in the ordinary course of business by a financial institution subject to the information sharing, suspicious activity reporting, or currency transaction reporting requirements of the Bank Secrecy Act (31 U.S.C. § 5311 et seq.), or the U.S.A. Patriot Act (PL 107-56); provided, that any such institution that acts with the intent to assist, aid, or abet any person planning or carrying out an act of terrorism in this state, or concealing or attempting to escape after committing or attempting to commit an act of terrorism, shall remain liable under subsection (a).
- (d) A person prosecuted under subdivision (a)(1)(B) shall be afforded the same due process rights as are afforded to persons prosecuted under 18 U.S.C. § 2339B.
- (e) The district attorney general shall notify the United States department of state, and any other appropriate federal department or agency, of a violation of subsection (a).
History (3)
- Acts 2002, ch. 849, § 1
- 2011, ch. 497, § 4
- 2024, ch. 872, §§ 1-3.
§ 39-13-808. Distribution or delivery of any substance as an act of terrorism or as a hoax. - (a) It is an offense for any person to distribute or to deliver, as an act of terrorism or as a hoax, any substance that is intended to, or that such person has reason to believe may, create a fear or apprehension on the part of any other person that such substance may be a biological warfare agent, a chemical warfare agent, or a nuclear or radiological agent, without regard to whether such substance is in fact a biological warfare agent, chemical warfare agent, or a nuclear or radiological agent.
- (b)
- (1) A violation of subsection (a) as an act of terrorism is a Class A felony.
- (2) A violation of subsection (a) as a hoax is a Class C felony.
- (c) In addition to the penalties otherwise provided by law, any person convicted of a violation of subsection (a), either as an act of terrorism or as a hoax, shall make restitution of the costs incurred by any public or private entity or person resulting from such offense.
§ 39-13-810. Forfeiture of property associated with terrorist acts. - (a) All property, both personal and real, including money, vehicles, and other property used, or intended for use, in the course of, derived from, or realized through conduct in violation of this part, is subject to seizure and forfeiture to the state.
- (b)
- (1) The following people or agencies may make a claim with the court where the conviction occurs for reimbursement for damages caused by or costs associated with the investigation and prosecution of the criminal violations, or the seizure and forfeiture of property under this part:
- (A) Any person who suffers personal injury or property damage from the offense or any person entitled to bring suit pursuant to § 20-5-106 for death resulting from the offense; or
- (B) The law enforcement agency or other governmental agency that participated in the investigation, mitigation, or prosecution of the criminal offense or that participated in the seizure and forfeiture.
- (2) No interest in real or personal property, money, or other assets seized shall be subject to forfeiture pursuant to this section if the court finds at least one (1) of the following:
- (A) The owner or interest holder acquired the property before the conduct alleged to give rise to its forfeiture; or
- (B) 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:
- (i) Acted reasonably to prevent the conduct giving rise to forfeiture; or
- (ii) Did not know of the acts giving rise to forfeiture.
- (3) No interest in real or personal property, money, or any other item subject to forfeiture under this section shall be seized or forfeited, unless the owner or interest holder is convicted of a crime or crimes prohibited by this part. 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 this part, and the state shall also have the burden to establish beyond a reasonable doubt the following additional elements:
- (A) The conviction is based on acts by the defendant in the course of and within the scope of the defendant's employment; and
- (B) 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.
- (4) If the owner or interest holder in the seized property is not convicted of a violation of this part and is no longer subject to prosecution for the conduct giving rise to the forfeiture action, the property shall be returned to the owner or interest holder, unless the property is otherwise subject to forfeiture. The owner or interest holder may subsequently file a petition with the court that had jurisdiction over the forfeiture claim to recover reasonable attorney's fees and any actual damages resulting from the seizure and forfeiture proceedings.
- (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 as provided in § 39-11-704.
- (d) All property seized and forfeited pursuant to this section shall be sold at public auction, and the proceeds from the sale shall be distributed as follows:
- (1) Any victim of the offense may file a claim with the court prior to the defendant's determination of guilt. Any claim the court finds to be verified and a result of the offense shall be approved by the court and paid first from the proceeds. The court shall determine the proper amount of damages using the restitution procedure in § 40-35-304, but this section and § 39-13-811 shall prevail with regard to the scope of damages for which a victim may claim;
- (2) The costs of investigation shall be paid to the law enforcement agency or governmental agency that conducted the investigation; provided:
- (A) If more than one (1) law enforcement agency or governmental agency equally conducted the investigation, the costs of investigation shall be paid equally to the law enforcement agencies and governmental agencies conducting the investigation; and
- (B) If one (1) law enforcement agency or governmental agency primarily conducted the investigation, the costs of investigation first shall be paid to that law enforcement agency or governmental agency, with actual vouchered costs reimbursed on a pro rata basis to the other law enforcement agencies or governmental agencies participating in the investigation, not to exceed ten percent (10%) of the costs of investigation allocated to the primary law enforcement agency or governmental agency;
- (3) The remainder of the proceeds shall be paid on a pro rata basis to a law enforcement agency or governmental agency that participated in the mitigation, seizure, or forfeiture process.
§ 39-13-811. Civil action available to victims. - (a) Notwithstanding whether criminal prosecution is commenced, or a conviction is obtained for a violation of this part, a victim of a violation of this part shall have a civil cause of action against the person responsible for the violation for both economic and noneconomic damages, up to the limits provided in § 29-39-102, for any personal injury, death, or property damage proximately caused by the violation.
- (b) If the victim prevails in the action, the victim shall be entitled to all necessary costs incurred in bringing the action, including reasonable attorney's fees, and shall be eligible for punitive damages up to the limits set in § 29-39-104.
- (c) Notwithstanding § 28-3-104, an action under this section shall be commenced within five (5) years of the date the cause of action accrued.
- (d) If the victim prevailed and is awarded a judgment for damages, the judgment shall be offset by any amount the victim actually receives from the proceeds of assets forfeited pursuant to § 39-13-810 or from the criminal injuries compensation fund. If the amount of damages the criminal court judge determines to be appropriate pursuant to § 39-13-810(d)(1) and the amount of any judgment awarded the victim pursuant to this section are different, for the purpose of determining the total amount of damages to which the victim is entitled, the higher amount shall prevail.
§ 39-13-812. Immunity for report of suspicious activity or behavior. - (a) A person who in good faith makes a report of suspicious activity or behavior shall be immune from civil and criminal liability for the making of the report if the report is based on articulable suspicion.
- (b) As used in this section, “report of suspicious activity or behavior” means any communication to a law enforcement officer or agency or other appropriate authority of the behavior or activity of another person if the report is made with the articulable belief that the behavior or activity constitutes or is in furtherance of an act of terrorism.
- (c) This section shall not apply to the intentional making of a report known to be false, including a violation of § 39-16-502, or to a report made with reckless disregard for the truth of the report.
Part 9 Surveillance by Unmanned Aircraft § 39-13-901. Part definitions. - As used in this part:
- (1) “Image” means any capturing of sound waves, thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, odor, or other conditions existing on or about real property in this state or an individual located on that property; and
- (2) “Unmanned aircraft” means an airborne device that is operated without an individual in or on the device.
§ 39-13-902. Lawful capture of images — Use for lawful purposes — Retention of image captured for purpose of damage assessment. - (a) Notwithstanding § 39-13-903, it is lawful to capture an image using an unmanned aircraft in this state:
- (1) For purposes of professional or scholarly research and development by a person acting on behalf of an institution of higher education, as defined by § 49-7-802, including a person who:
- (A) Is a professor, employee, or student of the institution; or
- (B) Is under contract with or otherwise acting under the direction or on behalf of the institution;
- (2) In airspace designated as a test site or range authorized by the federal aviation administration for the purpose of integrating unmanned aircraft systems into the national airspace;
- (3) As part of an authorized operation, exercise, or mission of any branch of the United States military, consistent with the Constitution of the United States;
- (4) If the image is captured for the purposes of mapping; provided, the image of any person or thing on private property captured in the course of mapping shall be subject to § 39-13-905 as an image captured incidental to the lawful capturing of an image;
- (5) If the image is captured for the practice of land surveying, as defined in § 62-18-102, by a duly registered land surveyor, pursuant to title 62, chapter 18, part 1; provided, the image of any person or thing on private property captured in the course of land surveying shall be subject to § 39-13-905 as an image captured incident to the lawful capturing of an image;
- (6) If the image is captured by or for an electric or natural gas utility:
- (A) For operations and maintenance of utility facilities for the purpose of maintaining utility system reliability and integrity;
- (B) For inspecting utility facilities to determine repair, maintenance, or replacement needs during and after construction of such facilities;
- (C) For assessing vegetation growth for the purpose of maintaining clearances on utility easements; or
- (D) For utility facility routing and siting for the purpose of providing utility service;
- (7) With the consent of the individual who owns or lawfully occupies the real property captured in the image;
- (8) For law enforcement purposes, as permitted by § 39-13-609;
- (9) If the image is captured by state or local law enforcement authorities, or a person who is under contract with or otherwise acting under the direction or on behalf of state authorities, for the purpose of:
- (A) Surveying the scene of a catastrophe or other damage to determine whether a state of emergency should be declared;
- (B) Preserving public safety, protecting property, or surveying damage or contamination during a lawfully declared state of emergency; or
- (C) Conducting routine air quality sampling and monitoring, as provided by state or local law;
- (10) At the scene of a spill, or a suspected spill, of hazardous materials;
- (11) For the purpose of fire suppression;
- (12) For the purpose of rescuing a person whose life or well-being is in imminent danger;
- (13) If the image is captured by a Tennessee licensed real estate broker in connection with the marketing, sale, or financing of real property, provided that no individual is identifiable in the image;
- (14) Of public real property or a person on that property;
- (15) If the image is captured by the owner, operator or agent, or a person under contract with the owner, operator or agent, of an oil, gas, water, or other pipeline for the purpose of inspecting, maintaining, or repairing pipelines or other related facilities, and is captured without the intent to conduct surveillance on an individual or real property located in this state;
- (16) In connection with oil and gas pipeline and well safety and protection;
- (17) In connection with port authority surveillance and security;
- (18) As authorized or permitted by the federal aviation administration for use in a motion picture, television or similar production where the filming is authorized by the property owner and a state or local film permit agency, if required;
- (19) As a part of a commercial service that has received authorization from the federal aviation administration to use unmanned aircraft or an unmanned aircraft operating under regulations promulgated by the federal aviation administration for commercial use of unmanned aircraft;
- (20) If the image is captured by the department of transportation, or a person under contract with or otherwise acting under the direction of or on behalf of the department of transportation, for the purpose of planning, locating, designing, constructing, maintaining, or operating transportation programs or projects; provided, the image of any person or thing on private property captured by or for the department of transportation pursuant to this subdivision (a)(20) shall be subject to § 39-13-905 as an image captured incident to the lawful capturing of an image;
- (21) If the image is captured for the practice of photogrammetric mapping by an individual who holds the “certified photogrammetrist” designation of the American Society for Photogrammetry and Remote Sensing or other national scientific organization having a process for certifying photogrammetrists; provided, the image of any person or thing on private property captured in the course of photogrammetric mapping shall be subject to § 39-13-905 as an image captured incident to the lawful capturing of an image; or
- (22) If the image is captured by the Tennessee emergency management agency, created in § 58-2-104, for emergency management purposes, including surveying the scene of a catastrophe or other damage to determine whether a state of emergency should be declared, coordinating a disaster response, and conducting preliminary damage assessments of real property and infrastructure following a disaster. An image of a person or thing on private property captured by the Tennessee emergency management agency pursuant to this subdivision (a)(22) is deemed to be an image captured incidental to the lawful capturing of an image for purposes of § 39-13-905.
- (b) An image captured for law enforcement purposes by a state or local law enforcement agency, or by a person who is under contract with or otherwise acting under the direction of or on behalf of such agency, shall be handled in accordance with § 39-13-609 and shall not be used for any purpose other than the lawful purpose for which the image was captured as permitted by this section.
- (c) An image captured pursuant to subdivision (a)(22) for the purpose of damage assessment may be retained by the Tennessee emergency management agency for no longer than one (1) year or, if the disaster is later declared a major disaster by the President of the United States, for the retention period required by the federal emergency management agency for data related to damage assessment. All images captured for any other purpose shall not be retained by the Tennessee emergency management agency for more than fifteen (15) business days.
History (3)
- Acts 2014, ch. 876, § 3
- 2016, ch. 900, §§ 1-5
- 2022, ch. 922, §§ 1, 2.
§ 39-13-903. Unlawful capture of image with intent to conduct surveillance a misdemeanor offense — Defense. - (a) Subject to the exceptions set forth in § 39-13-902(a), a person commits an offense if the person:
- (1) Uses an unmanned aircraft to capture an image of an individual or privately owned real property in this state with the intent to conduct surveillance on the individual or property captured in the image;
- (2) Knowingly uses an image in a manner prohibited by § 39-13-902(b);
- (3) Without the venue owner or operator's consent, uses an unmanned aircraft to intentionally capture an image of an individual or event at, or drop any item or substance into, an open-air event venue wherein more than one hundred (100) individuals are gathered for a ticketed event;
- (4)
- (A) Knowingly uses an unmanned aircraft within or over a designated fireworks discharge site, fireworks display site, or fireworks fallout area during an event as defined in § 68-104-202, without the consent of the owner or operator of the event; and
- (B) For purposes of this subdivision (a)(4):
- (i) “Discharge site” means the area immediately surrounding the fireworks mortars used for an outdoor fireworks display;
- (ii) “Display site” means the immediate area where a fireworks display is conducted, including the discharge site, the fallout area, and the required separation distance from mortars to spectator viewing areas, but not including the spectator viewing areas or vehicle parking areas; and
- (iii) “Fallout area” means the designated area in which hazardous debris is intended to fall after a pyrotechnic device, including display fireworks, is fired;
- (5) Knowingly uses an unmanned aircraft over the grounds of a correctional facility; or
- (6)
- (A) Without the business operator's written consent, knowingly uses an unmanned aircraft within two hundred fifty feet (250′) of the perimeter of any critical infrastructure facility for the purpose of conducting surveillance of, gathering evidence or collecting information about, or photographically or electronically recording, critical infrastructure data;
- (B) As used in this subdivision (a)(6), “critical infrastructure facility” means:
- (i) An electrical power generation system; electrical transmission system, either as a whole system or any individual component of the transmission system; or electrical distribution substation;
- (ii) A petroleum refinery;
- (iii) A manufacturing facility that utilizes any hazardous substance, as defined in § 68-131-102, either in storage or in the process of manufacturing;
- (iv) A chemical or rubber manufacturing facility;
- (v) A petroleum or chemical storage facility;
- (vi) A water or wastewater treatment facility;
- (vii) Any facility, equipment, or pipeline infrastructure utilized in the storage, transmission, or distribution of natural gas or propane;
- (viii) Railroad yards and facilities not open to the general public; and
- (ix) A communication service facility;
- (C) This subdivision (a)(6) shall not prohibit an unmanned aircraft system from operating for commercial purposes in compliance with authorization granted by the Federal Aviation Administration.
- (b)
- (1) An offense under subdivisions (a)(1)-(5) is a Class C misdemeanor.
- (2) An offense under subdivision (a)(6) is a Class E felony.
- (c) It is a defense to prosecution under this section that the person destroyed the image:
- (1) As soon as the person had knowledge that the image was captured in violation of this section; and
- (2) Without disclosing, displaying, or distributing the image to a third party.
History (5)
- Acts 2014, ch. 876, § 4
- 2015, ch. 240, §§ 1-3
- 2016, ch. 788, § 1
- 2019, ch. 40, § 1
- 2019, ch. 60, §§ 1, 2.
§ 39-13-904. Possession or distribution and use of unlawfully captured images — Misdemeanor offenses — Separate images constitute separate offenses — Defenses. - (a) A person commits an offense if the person:
- (1) Captures an image in violation of § 39-13-903; and
- (2)
- (A) Possesses that image; or
- (B) Discloses, displays, distributes, or otherwise uses that image.
- (b)
- (1) An offense under subdivision (a)(2)(A) is a Class C misdemeanor.
- (2) An offense under subdivision (a)(2)(B) is a Class B misdemeanor.
- (c) Each image a person possesses, discloses, displays, distributes, or otherwise uses in violation of this section is a separate offense.
- (d) It is a defense to prosecution under this section for the possession of an image that the person destroyed the image as soon as the person had knowledge that the image was captured in violation of § 39-13-903.
- (e) It is a defense to prosecution under this section for the disclosure, display, distribution, or other use of an image that the person stopped disclosing, displaying, distributing, or otherwise using the image as soon as the person had knowledge that the image was captured in violation of § 39-13-903.
§ 39-13-905. Use of unlawfully captured images as evidence — Disclosure of images limited. - (a) Except as otherwise provided by subsection (b), an image captured in violation of § 39-13-903, or an image captured by an unmanned aircraft that was incidental to the lawful capturing of an image:
- (1) May not be used as evidence in any criminal or juvenile proceeding, civil action, or administrative proceeding;
- (2) Is not subject to disclosure, inspection, or copying under title 10, chapter 7; and
- (3) Is not subject to discovery, subpoena, or other means of legal compulsion for its release.
- (b) An image described by subsection (a) may be disclosed and used as evidence to prove a violation of this part and is subject to discovery, subpoena, or other means of legal compulsion for that purpose.
Part 10 Burglary § 39-13-1001. Part definitions — References to convictions for offenses of burglary. - (a) As used in this part, unless the context otherwise requires, the terms “habitation”, “occupied”, and “owner” have the same meaning as defined in § 39-14-401.
- (b) Any references to convictions for the offenses of burglary, under § 39-13-1002, aggravated burglary, under § 39-13-1003, or especially aggravated burglary, under § 39-13-1004, shall be deemed to include convictions for the applicable offense as each offense was defined under chapter 14, part 4 of this title prior to July 1, 2021.
§ 39-13-1002. Burglary. - (a) A person commits burglary who, without the effective consent of the property owner:
- (1) Enters a building other than a habitation, or any portion of the building, not open to the public, with intent to commit a felony, theft, or assault;
- (2) Remains concealed, with the intent to commit a felony, theft, or assault, in a building;
- (3) Enters a building and commits or attempts to commit a felony, theft, or assault; or
- (4) Enters any freight or passenger car, automobile, truck, trailer, boat, airplane, or other motor vehicle with intent to commit a felony, theft, or assault or commits or attempts to commit a felony, theft, or assault.
- (b) As used in this section, “enter” means:
- (1) Intrusion of any part of the body; or
- (2) Intrusion of any object in physical contact with the body or any object controlled by remote control, electronic or otherwise.
- (c) Burglary under subdivision (a)(1), (2), or (3) is a Class D felony.
- (d) Burglary under subdivision (a)(4) is a Class E felony.
§ 39-13-1004. Especially aggravated burglary. - (a) Especially aggravated burglary is:
- (1) Burglary, as described in § 39-13-1002, of a habitation or building other than a habitation; and
- (2) Where the victim suffers serious bodily injury.
- (b) For the purposes of this section, “victim” means any person lawfully on the premises.
- (c) Especially aggravated burglary is a Class B felony.
- (d) Acts which constitute an offense under this section may be prosecuted under this section or any other applicable section, but not both.
Chapter 14 Offenses Against Property Part 1 Theft § 39-14-101. Consolidation of theft offenses. - Conduct denominated as theft in this part constitutes a single offense embracing the separate offenses referenced before 1989 as embezzlement, false pretense, fraudulent conversion, larceny, receiving or concealing stolen property, and other similar offenses.
§ 39-14-102. Part definitions. - The following definitions apply in this part, unless the context otherwise requires:
- (1) “Cable television company” means any franchise or other duly licensed company which is operated or intended to be operated to perform the service of receiving and amplifying the signals broadcast by one (1) or more television stations and redistributing such signals by wire, cable or other device or means for accomplishing such redistribution to members of the public who subscribe to such service, or distributing through such company's antennae, poles, wires, cables, conduits or other property used in providing service to its subscribers and customers any television signals whether broadcast or not;
- (2) “Credit card” means any real or forged instrument, writing or other evidence, whether known as a credit card, credit plate, charge plate or by any other name, which purports to evidence an understanding to pay for property or services delivered or rendered to or upon the order of a designated person or bearer;
- (3) “Debit card” means any real or forged instrument, writing or other evidence known by any name issued with or without a fee by an issuer for the use of a depositor in obtaining money, goods, services or anything else of value, payment of which is made against funds previously deposited in an account with the issuer;
- (4) “Expired” credit or debit card means a card which is no longer valid because the term shown on it has expired;
- (5) “Issuer” means the business organization or financial institution or its duly authorized agent which issues a credit or debit card;
- (6) “Library” means any:
- (A) Public library;
- (B) Library of educational, historical or eleemosynary institution, organization or society;
- (C) Archives; or
- (D) Museum;
- (7) “Library material” includes any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microfilm, sound recording, audio-visual materials in any format, magnetic or other tapes, electronic data, processing records, artifacts or other documentary, written or printed materials, regardless of physical form or characteristics, belonging to or on loan to or otherwise in the custody of a library;
- (8) “Microwave multi-point distribution system station” or “MDS” means any franchise or other duly licensed company which is operated or intended to be operated to perform the service of receiving and amplifying the signals broadcast by one (1) or more television stations, and redistributing such signals by microwave transmissions to members of the public who subscribe to such service, or distributing through such company's antennae, conduits, or other property used in providing service to its subscribers and customers any television signals whether broadcast or not;
- (9) “Receiving” includes, but is not limited to, acquiring possession, control, title or taking a security interest in the property; and
- (10) “Revoked” credit or debit card means a card which is no longer valid because permission to use it has been suspended or terminated by the issuer.
§ 39-14-103. Theft of property. - (a) A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent.
- (b)
- (1) As a condition of pretrial diversion, judicial diversion, probation or parole for a violation of subsection (a) when the violation occurs as set out in subdivision (b)(2), the person may be required to perform debris removal, clean-up, restoration, or other necessary physical labor at a location within the area affected by the disaster or emergency that is in the county where the offense occurred.
- (2) The condition of pretrial diversion, judicial diversion, probation or parole containing the requirement set out in subdivision (b)(1) may be used if the violation of subsection (a) occurs:
- (A) During or within thirty (30) days following the occurrence of a tornado, flood, fire, or other disaster or emergency, as defined in § 58-2-101;
- (B) Within the area affected by the disaster or emergency; and
- (C) When, as a result of the disaster or emergency, the owner of the property taken, or the person charged with custody of the property, is unable to adequately guard, secure or protect the property from theft.
- (3) Subdivision (b)(2) shall apply regardless of whether a state of emergency has been declared by a county, the governor, or the president of the United States at the time of or subsequent to the theft.
- (4) Any period of physical labor required pursuant to subdivision (b)(1) shall not exceed the maximum sentence authorized pursuant to § 39-14-105.
History (2)
- Acts 1989, ch. 591, § 1
- 2011, ch. 322, § 1.
§ 39-14-104. Theft of services. - (a) A person commits theft of services who:
- (1) Intentionally obtains services by deception, fraud, coercion, forgery, false statement, false pretense or any other means to avoid payment for the services;
- (2) Having control over the disposition of services to others, knowingly diverts those services to the person's own benefit or to the benefit of another not entitled thereto; or
- (3) Knowingly absconds from establishments where compensation for services is ordinarily paid immediately upon the rendering of them, including, but not limited to, hotels, motels and restaurants, without payment or a bona fide offer to pay.
- (b) Any individual directly or indirectly harmed by a violation of subsection (a) shall have legal standing to report such violations to law enforcement and testify in support of corresponding criminal charges.
History (2)
- Acts 1989, ch. 591, § 1
- 2011, ch. 348, § 2.
§ 39-14-105. Grading of theft. - (a) Theft of property or services is:
- (1) A Class A misdemeanor if the value of the property or services obtained is one thousand dollars ($1,000) or less, except when the property obtained is a firearm;
- (2) A Class E felony if the property obtained is a firearm worth less than two thousand five hundred dollars ($2,500), or if the value of the property or services obtained is more than one thousand dollars ($1,000) but less than two thousand five hundred dollars ($2,500);
- (3) A Class D felony if the value of the property or services obtained is two thousand five hundred dollars ($2,500) or more but less than ten thousand dollars ($10,000);
- (4) A Class C felony if the value of the property or services obtained is ten thousand dollars ($10,000) or more but less than sixty thousand dollars ($60,000);
- (5) A Class B felony if the value of the property or services obtained is sixty thousand dollars ($60,000) or more but less than two hundred fifty thousand dollars ($250,000); and
- (6) A Class A felony if the value of the property or services obtained is two hundred fifty thousand dollars ($250,000) or more.
- (b)
- (1) In a prosecution for theft of property, theft of services, and any offense for which the punishment is determined pursuant to this section, the state may charge multiple criminal acts committed against one (1) or more victims as a single count if the criminal acts arise from a common scheme, purpose, intent or enterprise.
- (2) The monetary value of property from multiple criminal acts which are charged in a single count of theft of property shall be aggregated to establish value under this section.
- (c) Venue in a prosecution for any offense punishable pursuant to this section shall be in the county where one (1) or more elements of the offense occurred, or in the county where an act of solicitation, inducement, offer, acceptance, delivery, storage, or financial transaction occurred involving the property, service or article of the victim.
- (d) Theft of a firearm shall be punished by confinement for not less than one hundred eighty (180) days in addition to any other penalty authorized by law.
History (5)
- Acts 1989, ch. 591, § 1
- 2012, ch. 1080, § 1
- 2016, ch. 906, § 5
- 2019, ch. 486, § 8
- 2021, ch. 108, §§ 8-10.
§ 39-14-107. Claim of right. - It is an affirmative defense to prosecution under §§ 39-14-103, 39-14-104 and 39-14-106 that the person:
- (1) Acted under an honest claim of right to the property or service involved;
- (2) Acted in the honest belief that the person had the right to obtain or exercise control over the property or service as the person did; or
- (3) Obtained or exercised control over property or service honestly believing that the owner, if present, would have consented.
History (2)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1030, § 19.
§ 39-14-108. Pawned or conveyed rental property. - (a) With respect to the theft of rental property, evidence of any of the following shall create an inference of intent to deprive the owner of the rental property, as provided in § 39-14-103:
- (1) The person leasing or renting the property has pawned or otherwise conveyed the property;
- (2) The person leasing or renting the property pursuant to a written agreement presents identification to the owner at the time of the execution of the written agreement which bears a fictitious name, telephone number or address; or
- (3) The person leasing or renting the property pursuant to a written agreement designating the principal location at which the property is to be used, and specifying the date and time when the same is to be returned, fails to return the property to the owner on or before such return date and within ten (10) days after the date of mailing of written notice to return the property sent by registered or certified mail, return receipt requested, deliver to addressee only, and the property is not to be found at the location designated in the lease or rental agreement as the principal place of use of the property.
- (b) Any leased or rented tangible personal property that has been sold, pawned or otherwise disposed of by the person renting or leasing the property during the period of the lease or rental agreement shall be returned to the owner of the property if the property is properly marked and identified as leased or rental property and is no longer needed as evidence against the person, and if the owner of the property can, by serial number, manufacturer's identification number or other sufficient means, demonstrate ownership of the property.
- (c)
- (1) Each owner of rental property shall conspicuously mark and identify the property as rented or leased property. The markings shall include, but not be limited to, the name and address of the rental company and the serial number of the property.
- (2) Subdivision (c)(1) does not apply to motor vehicles, as defined in title 55.
History (4)
- Acts 1989, ch. 591, § 1
- 1990, ch. 796, § 1
- 1992, ch. 992, § 1
- 1995, ch. 482, §§ 1, 2.
§ 39-14-109. Stone or rock wall — Warning sign. - Notwithstanding any law to the contrary, the state or any county or municipality is authorized to post the following signage along the right-of-way of any state or local roadway located in close proximity to a stone or rock wall:
-
- IT CONSTITUTES THE CRIME OF THEFT TO KNOWINGLY REMOVE, WITHOUT OWNER CONSENT, ANY PORTION OF A STONE OR ROCK WALL LOCATED ON THE PUBLIC RIGHT-OF-WAY OR ON PRIVATE PROPERTY! SANCTIONS ARE SUBSTANTIAL!
§ 39-14-110. Unauthorized recording of theatrical motion pictures. - (a) It is an offense for a person to knowingly operate an audiovisual recording function of a device in a facility where a motion picture is being exhibited for the purpose of recording a theatrical motion picture and without the consent of the owner or lessee of the facility.
- (b) The term “audiovisual recording function” means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed.
- (c) An owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of such owner or lessee, or the licensor of the motion picture being exhibited or the licensor's agent or employee, or a law enforcement officer who has probable cause to believe that a person has violated this section, may detain such person on or off the premises of the motion picture establishment, if such detention is done for any or all of the following purposes:
- (1) To question the person, investigate the surrounding circumstances, obtain a statement, or any combination thereof;
- (2) To request or verify identification, or both;
- (3) To inform a law enforcement officer of the detention of such person, or surrender that person to the custody of a law enforcement officer, or both;
- (4) To inform a law enforcement officer, the parent or parents, guardian or other private person charged with the welfare of a minor of the detention and to surrender the minor to the custody of such person; or
- (5) To institute criminal proceedings against the person.
- (d) Probable cause to suspect that a person has committed or is attempting to commit a violation of this section may be based on, but not limited to:
- (1) Personal observation, including observation via closed circuit television or other visual device; or
- (2) Report of a personal observation from another patron or employee.
- (e) An owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of the owner or lessee, or the licensor of the motion picture being exhibited or the licensor's agent or employee, or a law enforcement officer who detains, questions, or causes the arrest of any person suspected of a violation of this section shall not be criminally or civilly liable for any legal action relating to the detention, questioning, or arrest if the owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of the owner or lessee, or the licensor of the motion picture being exhibited or the licensor's agent or employee, merchant or merchant's employee or agent or law enforcement officer:
- (1) Has probable cause to suspect that the person has committed or is attempting to commit a violation of this section;
- (2) Acts in a reasonable manner under the circumstances; and
- (3) Detains the suspected person for a reasonable period of time.
- (f) The owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of the owner or lessee, or the licensor of the motion picture being exhibited or the licensor's agent or employee, may use a reasonable amount of force necessary to protect the owner, agent, employee or licensor, to prevent escape of the person detained, or to prevent the loss or destruction of property.
- (g) A reasonable period of time, for the purposes of this section, is a period of time long enough to accomplish the purpose set forth in this section, and shall include any time spent awaiting the arrival of a law enforcement officer or the parents or guardian of a juvenile suspect, if the owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of the owner or lessee, or the licensor of the motion picture being exhibited or the licensor's agent or employee has summoned such law enforcement officer, parents, or guardian.
- (h) This section does not prevent any lawfully authorized investigative, law enforcement protection, or intelligence gathering employee or agent, of the state or federal government, from operating any audiovisual recording device in any facility where a motion picture is being exhibited, as part of a lawfully authorized investigative, protective, law enforcement, or intelligence gathering activity.
- (i) This section shall not apply to a person who operates the audiovisual recording function of a device in a retail establishment for the sole purpose of demonstrating the use and operation of the device for a prospective customer.
- (j) For purposes of this section, “facility” shall not be construed to include a personal residence.
- (k)
- (1) A violation of this section is a Class A misdemeanor.
- (2) Nothing in this section shall be construed as prohibiting prosecution under any other applicable provision of law.
§ 39-14-111. Parentage fraud. - (a) A person commits parentage fraud who:
- (1) Seeks to legally establish another individual as the biological parent of a child in the person's custody with intent to deprive the individual of property or to prevent the child's actual biological parent from exercising parental rights to the child and the person knows or reasonably should know that the individual is not the child's biological parent; or
- (2) Seeks to be legally established as a child's parent based on the person's status as a biological parent of the child and the person knows or reasonably should know that the person is not the child's biological parent.
- (b) Parentage fraud is a Class B misdemeanor.
- (c) Subsection (a) does not apply when:
- (1) The child involved was conceived as a result of an act that would be aggravated rape, as defined in § 39-13-502; rape, as defined in § 39-13-503; rape of a child, as defined in § 39-13-522; especially aggravated rape, as defined in § 39-13-534; or especially aggravated rape of a child, as defined in § 39-13-535;
- (2) The child involved has been or is in the process of being adopted; or
- (3) The victim of the offense was the defendant's spouse at the time of the offense.
§ 39-14-112. Extortion. - (a) A person commits extortion who uses coercion upon another person with the intent to:
- (1) Obtain property, services, any advantage or immunity;
- (2) Restrict unlawfully another's freedom of action; or
- (3)
- (A) Impair any entity, from the free exercise or enjoyment of any right or privilege secured by the Constitution of Tennessee, the United States Constitution or the laws of the state, in an effort to obtain something of value for any entity;
- (B) For purposes of this section, “something of value” includes, but is not limited to, a neutrality agreement, card check agreement, recognition, or other objective of a corporate campaign;
- (C) For purposes of this section, “corporate campaign” means any organized effort to unlawfully bring pressure on an entity, other than through collective bargaining, or any other activity protected by federal law.
- (b) It is an affirmative defense to prosecution for extortion that the person reasonably claimed:
- (1) Appropriate restitution or appropriate indemnification for harm done; or
- (2) Appropriate compensation for property or lawful services.
- (c) Extortion is a Class D felony.
History (2)
- Acts 1989, ch. 591, § 1
- 2014, ch. 982, § 2.
§ 39-14-113. Organized Retail Crime Prevention Act. - (a) This section shall be known and may be cited as the “Organized Retail Crime Prevention Act.”
- (b) For purposes of this section, “stored value card” means any card, gift card, instrument, or device issued with or without fee for the use of the cardholder to obtain money, goods, services, or anything else of value. Stored value cards include, but are not limited to, debit cards issued for use as a stored value card or gift card, and an account identification number or symbol used to identify a stored value card. “Stored value card” does not include a prepaid card usable at multiple, unaffiliated merchants or at automated teller machines, or both.
- (c) A person commits the offense of organized retail crime when the person:
- (1) Acts in concert with one (1) or more individuals to commit theft of any merchandise with a value greater than one thousand dollars ($1,000) aggregated over a ninety-day period with the intent to:
- (A) Sell, barter, or trade the merchandise for monetary or other gain; or
- (B) Fraudulently return the merchandise to a retail merchant; or
- (2) Receives, possesses, sells, or purchases, by physical or electronic means, any merchandise or stored value cards obtained from a fraudulent return with the knowledge that the property was obtained in violation of § 39-14-103 or § 39-14-146.
- (d)
- (1) A violation of subsection (c) is punished as theft pursuant to § 39-14-105.
- (2) A violation of subsection (c) is punished one (1) classification higher than provided in § 39-14-105 if the defendant exercised organizational, supervisory, financial, or management authority over the activity of one (1) or more other persons in furtherance of a violation of this section.
- (e) Any interest in property acquired or maintained in violation of this section shall be subject to forfeiture as provided by chapter 11, part 7 of this title.
- (f)
- (1) Any sale or purchase of stored value cards by persons or merchants, other than the issuer or the issuer's authorized agent, including any transaction that occurs in this state or with a person in the state who transacts online, requires that the appropriate information contained in this subsection (f) be recorded and a copy of the record shall be maintained for at least three (3) years. Regardless of the method by which the transaction is conducted, the merchant shall record the following information for each transaction:
- (A) The time, date, and place of the transaction;
- (B) A complete and accurate description of the stored value card sold or purchased, including, if available, the name of the original issuer, the face value of the stored value card when sold or purchased, the acquired price of the stored value card, and the stored value card serial number;
- (C) Pin numbers shall be provided for specific individuals upon the request of law enforcement; and
- (D) A signed statement or digital affirmation by the seller of the stored value card, if applicable, verifying that the seller is the rightful owner of the stored value card or is authorized to sell, consign, or trade the stored value card.
- (2) If the transaction is completed in person or by any method other than in a kiosk or online, the record shall include:
- (A) The information required in subdivision (f)(1);
- (B) A copy, digital swipe, or scan of a valid government issued identification card, such as a driver license, state identification card, or military identification card, of the person who purchased the stored value card, or the person to whom stored value card was sold;
- (C) A thumbprint of the person who sold the stored value card; and
- (D) A description of the person who sold the stored value card including the person's full name, current residential address, phone number, height, weight, date of birth, or other identifying marks.
- (3) If the transaction is completed at a kiosk, the record shall include:
- (A) The information required in subdivision (f)(1);
- (B) A digital swipe or scan of a valid government issued identification card, such as a driver license, state identification card, or military identification card, of the person who purchased the stored value card, or sold the stored value card; and
- (C) A thumbprint of the person who sold the stored value card.
- (4) If the transaction is completed online the record shall include:
- (A) The information required by subdivision (f)(1);
- (B) A verified email address;
- (C) The IP address or digital device identification used to access the website or app of the seller;
- (D) Data collected about the person who purchased the stored value card, or sold the stored value card, including name and mailing address used to remit payment; and
- (E) A token identifier for a validated credit or debit card and billing zip code.
- (5) Local law enforcement agencies shall notify merchants known to sell stored value cards of the recording and reporting requirements required by subdivisions (f)(1)-(4). The notification to merchants shall be in writing and shall state the law enforcement agency's policy regarding how the information is to be reported in the applicable jurisdiction and certify that any data collected from the merchant will be stored in a secure and confidential manner. All records shall be delivered to the appropriate law enforcement agency or its designated reporting database in an electronic or other report format approved by that same agency within twenty-four (24) hours from the date of the transaction. The information shall be stored on a law enforcement owned, operated, and housed server. Any gift card database software should be free for state law enforcement agencies; state, county, and city government agencies; and for the merchants that are reporting.
- (6)
- (A) A merchant commits a Class A misdemeanor who knowingly fails to follow the reporting and recording requirements pursuant to this subsection (f). However, for a merchant to be charged or convicted under this subsection (f), the law enforcement agency must have first notified the merchant in writing of the reporting obligations in that jurisdiction. If the violation is committed by the owner, stockholder, or managing partner of a business selling a stored value card, then the business license may be suspended or revoked at the discretion of the city or county clerk.
- (B) Any person who knowingly provides false information in response to the reporting requirements of this section commits a Class A misdemeanor.
- (C) Any fines derived from violations of this subsection (f) shall be earmarked for law enforcement purposes if the law enforcement entity shows proof of notification of reporting requirements signed by the person or agent of the entity in violation.
- (7) Notwithstanding this section to the contrary, the comptroller of the treasury is authorized to request and receive from a law enforcement agency any data or information received by the law enforcement agency pursuant to this subsection (f).
- (g) All information gathered pursuant to subsection (f) shall remain confidential. If a local law enforcement agency utilizes a third party, including, but not limited to, a third-party database or software company, to keep records or to analyze stored value card transactions, the third party must agree to keep all information confidential and only share the information with law enforcement agencies, the comptroller of the treasury, or the original issuer of the stored value card.
History (3)
- Acts 1989, ch. 591, § 1
- 2011, ch. 322, § 1
- 2020, ch. 620, § 1.
§ 39-14-114. Forgery. - (a) A person commits an offense who forges a writing with intent to defraud or harm another.
- (b) As used in this part, unless the context otherwise requires:
- (1) “Forge” means to:
- (A) Alter, make, complete, execute or authenticate any writing so that it purports to:
- (i) Be the act of another who did not authorize that act;
- (ii) Have been executed at a time or place or in a numbered sequence other than was in fact the case; or
- (iii) Be a copy of an original when no such original existed;
- (B) Make false entries in books or records;
- (C) Issue, transfer, register the transfer of, pass, publish, or otherwise utter a writing that is forged within the meaning of subdivision (b)(1)(A); or
- (D) Possess a writing that is forged within the meaning of subdivision (b)(1)(A) with intent to utter it in a manner specified in subdivision (b)(1)(C); and
- (2) “Writing” includes printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and symbols of value, right, privilege or identification.
- (c) An offense under this section is punishable as theft pursuant to § 39-14-105, but in no event shall forgery be less than a Class E felony.
§ 39-14-115. Criminal simulation. - (a)
- (1) A person commits the offense of criminal simulation who, with intent to defraud or harm another:
- (A) Makes or alters an object, in whole or in part, so that it appears to have value because of age, antiquity, rarity, source or authorship that it does not have;
- (B) Possesses an object so made or altered, with intent to sell, pass or otherwise utter it; or
- (C) Authenticates or certifies an object so made or altered as genuine or as different from what it is.
- (2) A person commits the offense of criminal simulation who, with knowledge of its character, possesses:
- (A) Any machinery, plates or other contrivances designed to produce instruments reporting to be credit or debit cards of an issuer who had not consented to the preparation of the cards; or
- (B) Any instrument, apparatus or contrivance designed, adapted or used for commission of any theft of property or services by fraudulent means.
- (b) Criminal simulation is punishable as theft pursuant to § 39-14-105, but in no event shall criminal simulation be less than a Class E felony.
History (2)
- Acts 1989, ch. 591, § 1
- 2009, ch. 408, § 1.
§ 39-14-116. Hindering secured creditors. - (a) A person who claims ownership of or interest in any property which is the subject of a security interest, security agreement, deed of trust, mortgage, attachment, judgment or other statutory or equitable lien commits an offense who, with intent to hinder enforcement of that interest or lien, destroys, removes, conceals, encumbers, transfers, or otherwise harms or reduces the value of the property.
- (b) For purposes of this section, unless the context otherwise requires:
- (1) “Remove” means transport, without the effective consent of the secured party, from the state or county in which the property was located when the security interest or lien attached; and
- (2) “Security interest” means an interest in personal property or fixtures that secures payment or performance of an obligation.
- (c) An offense under this section is a Class E felony.
§ 39-14-117. Fraud in insolvency. - (a) A person commits an offense who, when proceedings have been or are about to be instituted for the appointment of a trustee, receiver, or other person entitled to administer property for the benefit of creditors, or when any other assignment, composition, or liquidation for the benefit of creditors has been or is about to be made:
- (1) Destroys, removes, conceals, encumbers, transfers, or otherwise harms or reduces the value of the property with intent to defeat or obstruct the operation of a law relating to administration of property for the benefit of creditors;
- (2) Intentionally falsifies any writing or record relating to the property or any claim against the debtor; or
- (3) Intentionally misrepresents or refuses to disclose to a trustee or receiver, or other person entitled to administer property for the benefit of creditors, the existence, amount, or location of the property, or any other information that the person could legally be required to furnish in relation to the administration.
- (b) An offense under this section is a Class E felony.
§ 39-14-118. Illegal possession or fraudulent use of credit or debit card. - (a) A person commits the crime of illegal possession of a credit or debit card who, knowing the person does not have the consent of the owner or issuer, takes, exercises control over or otherwise uses that card or information from that card.
- (b) A person commits the crime of fraudulent use of a credit or debit card who uses, or allows to be used, a credit or debit card or information from that card, for the purpose of obtaining property, credit, services or anything else of value with knowledge that:
- (1) The card is forged or stolen;
- (2) The card has been revoked or cancelled;
- (3) The card has expired and the person uses the card with fraudulent intent; or
- (4) For any other reason the use of the card is unauthorized by either the issuer or the person to whom the credit or debit card is issued.
- (c)
- (1) Fraudulent use of a credit or debit card is punishable as theft pursuant to § 39-14-105, depending on the amount of property, credit, goods or services obtained.
- (2) If no property, credit, goods, or services are actually received or obtained, illegal possession or fraudulent use of a credit card is a Class A misdemeanor.
History (2)
- Acts 1989, ch. 591, § 1
- 2008, ch. 851, § 1.
§ 39-14-119. Reporting of credit or debit card lost, stolen or mislaid. - (a) Any person who reports or attempts to report a credit or debit card as being lost, stolen, or mislaid knowing the report to be false violates this subsection (a).
- (b) Any person who, with intent to defraud, uses a credit or debit card or information from such card, which has previously been reported lost, stolen or mislaid, violates this subsection (b).
- (c) A violation of this section is a Class B misdemeanor.
§ 39-14-120. Issuing false financial statement. - (a) A person commits the crime of issuing a false financial statement who, with intent to defraud:
- (1) Knowingly makes or utters a written instrument which purports to describe the financial condition or ability of the person or some other person to pay and which is inaccurate in some material respect; or
- (2) Represents in writing that a written instrument purporting to describe a person's financial condition or ability to pay is accurate with respect to that person's current financial condition or ability to pay, knowing or having reason to believe the instrument to be materially inaccurate in that respect.
- (b) Issuing a false financial statement is a Class B misdemeanor.
§ 39-14-121. Worthless checks. - (a)
- (1) A person commits an offense who, with fraudulent intent or knowingly:
- (A) Issues or passes a check or similar sight order for the payment of money for the purpose of paying any fee, fine, tax, license or obligation to any governmental entity or for the purpose of obtaining money, services, labor, credit or any article of value, knowing at the time there are not sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order, as well as all other checks or orders outstanding at the time of issuance; or
- (B) Stops payment on a check or similar sight order for the payment of money for the purpose of paying any fine, fee, tax, license or obligation to any governmental entity or for the purpose of obtaining money, services, labor, credit or any article of value; provided, that the money, credit, goods or services were as represented at the time of the issuance of the check or similar sight order.
- (2) This subsection (a) shall not apply to a post-dated check or to a check or similar sight order where the payee or holder knows or has good and sufficient reason to believe the drawer did not have sufficient funds on deposit to the drawer's credit with the drawee to ensure payment.
- (b) For purposes of this section, the issuer's or passer's fraudulent intent or knowledge or both of insufficient funds may be inferred if:
- (1) The person had no account with the bank or other drawee at the time the person issued or passed the check or similar sight order; or
- (2) On presentation within thirty (30) days after issuing or passing the check or similar sight order, payment was refused by the bank or other drawee for lack of funds, insufficient funds or account closed after issuing or passing the check or order, and the issuer or passer fails to make good within ten (10) days after receiving notice of that refusal.
- (c) For purposes of subdivision (b)(2), notice shall be in writing, and, if the address is known, sent by certified mail with return receipt requested, and addressed to the issuer or passer at the address shown:
- (1) On the check or similar sight order if given; or
- (2) If not shown on the check or similar sight order, on the records of the bank or other drawee if available.
- (d) If notice is given in accordance with subsection (c), it may be inferred that the notice was received no later than five (5) days after it was mailed.
- (e) Notice shall not be required:
- (1) In the event the situs of the drawee is not in Tennessee;
- (2) If the drawer is not a resident of Tennessee or has left the state at the time the check, draft or order is dishonored; or
- (3) If the drawer of the check, draft or order did not have an account with the drawee of the check, draft or order at the time the check, draft or order was issued or dishonored.
- (f) The offense of issuing or passing worthless checks is punishable as theft pursuant to § 39-14-105. Value shall be determined by the amount appearing on the face of the check on the date of issue.
- (g) Nothing in this section shall be construed as amending or repealing the Fraud and Economic Crimes Prosecution Act, compiled in title 40, chapter 3, part 2.
History (3)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1030, § 20
- 1992, ch. 962, § 3.
§ 39-14-122. Immunity for false arrest or imprisonment. - (a) Any person causing the arrest of the drawer of a check, draft or order shall not be criminally or civilly liable for false arrest or false imprisonment if the person, firm or corporation relies in good faith upon the permissible inferences set forth in § 39-14-121(b) and notice is given, if required, to the drawer of the check.
- (b) To rely on the civil or criminal immunity, the drawee of any check, draft, or other order for the payment of money, before refusing to pay same to the holder upon presentation, shall also cause to be written, printed, or stamped in plain language thereon or attached thereto, the reason for the drawee's dishonor or refusal of the same.
§ 39-14-127. Deceptive business practices. - (a) A person commits an offense who, with intent to deceive, in the course of business:
- (1) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;
- (2) Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service;
- (3) Takes or tends to take more than the represented quantity of any commodity or service when as buyer the person furnished the weight or measure;
- (4) Sells, offers or exposes for sale adulterated or mislabeled commodities;
- (A) “Adulterated” means varying from the standard of composition or quality prescribed by or pursuant to any statute providing criminal penalties for such variance or set by established commercial usage; and
- (B) “Mislabeled” means varying from the standard of disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for such variance or set by established commercial usage;
- (5) Makes a false or misleading statement in any advertisements addressed to the public or to a substantial segment thereof for the purposes of promoting the purchase or sale of property or services;
- (6) Makes false or deceptive representations in any advertisement or solicitation for services or products that those services or products have sponsorship, approval, affiliation or connection with a bank, savings and loan association, savings bank or subsidiary or affiliate thereof;
- (7) Uses the trade name or trademark, or a confusingly similar trade name or trademark, of any bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary in a solicitation for the offering of services or products if such use is likely to cause confusion, mistake or deception as to the source of origin, affiliation or sponsorship of such products or services; or, uses the trade name or trademark, or confusingly similar trade name or trademark, of any bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary in any manner in a solicitation for the offering of services or products unless the solicitation clearly and conspicuously states the following in bold-face type on the front page of the solicitation:
- (A) The name, address and telephone number of the person making the solicitation;
- (B) A statement that the person making the solicitation is not affiliated with the bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary; and
- (C) A statement that the solicitation is not authorized or sponsored by the bank, savings and loan association, savings bank or subsidiary or affiliate of any bank, saving and loan association, saving bank or subsidiary; or
- (8) Uses the trade name or trademark, or a confusingly similar trade name or trademark of any place of entertainment, or the name of any event, person, or entity scheduled to perform at a place of entertainment in the domain of a ticket marketplace URL. It is not a violation of this subdivision (a)(8) if the ticket marketplace obtained written authorization from the place of entertainment, event, person, or entity scheduled to perform at a place of entertainment to use the trade name, trademark, or name in the domain of the URL prior to the use. For purposes of this subdivision (a)(8):
- (A) “Domain” means the portion of text in a URL that is to the left of the top-level domains such as .com, .net, or .org;
- (B) “Place of entertainment” means an entertainment facility in this state, such as a theater, stadium, museum, arena, amphitheater, racetrack, or other place where performances, concerts, exhibits, games, athletic events, or contests are held;
- (C) “Ticket” means a printed, electronic, or other type of evidence of the right, option, or opportunity to occupy space at, to enter, or to attend a place of entertainment, even if not evidenced by any physical manifestation of the right, option, or opportunity; and
- (D) “Ticket marketplace” means a website that provides a forum for or facilitates the buying and selling, or reselling, of a ticket.
- (9) Uses or displays any combination of text, images, website graphics, website display, or website addresses that are substantially similar to the website of an operator with the intent to mislead a potential purchaser, without written authorization. For purposes of this subdivision (a)(9):
- (A) “Operator” means an individual, firm, corporation, or other entity, or an agent of such individual, firm, corporation, or other entity that:
- (i) Owns, operates, or controls a place of entertainment or that promotes or produces a performance, concert, exhibit, game, athletic event, or contest; and
- (ii) Offers for sale a first sale ticket to the place of entertainment or performance, concert, exhibit, game, athletic event, or contest; and
- (B) “Place of entertainment” means an entertainment facility in this state, such as a theater, stadium, museum, arena, amphitheater, racetrack, or other place where performances, concerts, exhibits, games, athletic events, or contests are held.
- (b) “Commodity,” as used in this section, means any tangible or intangible personal property.
- (c) Deceptive business practices is a Class B misdemeanor.
History (6)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1030, § 21
- 2003, ch. 31, §§ 1-3
- 2011, ch. 89, § 1
- 2018, ch. 930, § 1
- 2023, ch. 474, § 2.
§ 39-14-129. Mail theft. - (a) As used in this section:
- (1) “Addressee” means the person to whom a piece of mail is addressed;
- (2) “Curtilage” has the same meaning as defined in § 39-11-611; and
- (3) “Mail” means a letter, postal card, package, bag, or other sealed article that:
- (A) Is delivered by a common carrier or delivery service and not yet received by the addressee; or
- (B) Has been left to be collected for delivery by a common carrier or delivery service.
- (b) It is an offense to take mail from a residential mailbox or from the curtilage of a dwelling without the consent of the addressee and with the intent to deprive the addressee of the mail.
- (c)
- (1) A first offense of mail theft is punished as theft under § 39-14-105, after determining value under § 39-11-106.
- (2) A second or subsequent offense of mail theft is punished as theft under § 39-14-105, after determining value under § 39-11-106. However, in no event shall punishment for a second or subsequent offense of mail theft be less than a Class E felony.
§ 39-14-130. Destruction of valuable papers with intent to defraud. - (a) Any person who takes or destroys any valuable papers with intent to injure or defraud shall be punished as if for theft. If the value of the papers is not ascertainable, the offense is a Class A misdemeanor.
- (b) For the purposes of this section, “valuable papers” includes:
- (1) Any bond, promissory note, bill of exchange, order, or certificate;
- (2) Any book of accounts respecting goods, money or other things;
- (3) Any deed or contract in force;
- (4) Any receipt, release, or defeasant;
- (5) Any instrument of writing whereby any demand, right or obligation is created, ascertained, increased, extinguished or diminished; or
- (6) Any other valuable paper writing.
§ 39-14-131. Destruction or concealment of will. - Any person who destroys or conceals the last will and testament of a testator, or any codicil thereto, with intent to prevent the probate thereof or defraud any devisee or legatee, commits a Class E felony.
§ 39-14-132. Misrepresentation of mileage on used motor vehicle odometer. - (a) No person or agent of any person shall misrepresent the mileage on a used motor vehicle which is offered for sale, trade-in or exchange by changing the mileage registering instrument of a used motor vehicle so as to show a lesser mileage reading than that recorded by the instrument; provided, that this shall not be construed to prevent the service, repair or replacement of the mileage registering instrument, which, by reason of normal use, wear or through damage, requires service, repair or replacement.
- (b)
- (1) A person may service, repair, or replace an odometer of a motor vehicle if the mileage registered by the odometer remains the same as before the service, repair or replacement. If the mileage cannot remain the same after every reasonable attempt to set the odometer to the mileage registered prior to the service, repair or replacement:
- (A) The person shall adjust the odometer to read zero (0); and
- (B) The owner of the vehicle or agent of the owner shall affix to the left door frame of the vehicle a secure, permanent plate or sticker conforming with federal standards which contains the mileage before the service, repair or replacement and the date of the service, repair or replacement.
- (2) A person may not, with intent to defraud, remove or alter a notice attached to a motor vehicle as required by this section.
- (c) A violation of this section is a Class A misdemeanor.
History (3)
- Acts 1989, ch. 591, § 1
- 1997, ch. 234, § 1
- 1998, ch. 714, § 1.
§ 39-14-133. False or fraudulent insurance claims. - Any person who intentionally presents or causes to be presented a false or fraudulent claim, or any proof in support of such claim, for the payment of a loss, or other benefits, upon any contract of insurance coverage, or automobile comprehensive or collision insurance, or certificate of such insurance or prepares, makes or subscribes to a false or fraudulent account, certificate, affidavit or proof of loss, or other documents or writing, with intent that the same may be presented or used in support of such claim, is punished as in the case of theft.
§ 39-14-135. Manufacture, sale or possession of farm implement without serial number. - (a)
- (1) No new tractor-drawn major farm implement manufactured as a self-contained unit after December 31, 1968, and designed to be pulled by or attached to a farm tractor and sold as a complete unit, shall be sold or offered for sale at wholesale or retail unless a manufacturer's serial number shall be prominently stamped on the equipment or on a piece of metal securely affixed to the equipment.
- (2) It shall be the responsibility of the manufacturer to see that such an implement is properly supplied with a serial number.
- (b) Any person who manufactures, distributes, sells or transfers any tractor-drawn major farm implement subject to the requirements of this section without a serial number prominently stamped on the equipment or on a piece of metal securely affixed thereto commits a Class A misdemeanor.
- (c) This section shall not apply to the sale of parts, components or accessories for major farm implements where serial numbers are not required by law.
§ 39-14-136. Falsifying of educational and academic documents. - (a) A person commits the offense of falsifying educational and academic documents who buys, sells, creates, duplicates, alters, gives or obtains a diploma, academic record, certificate of enrollment or other instrument which purports to signify merit or achievement conferred by an institution of education with the intent to use fraudulently that document or to allow the fraudulent use of the document.
- (b) A violation of this section is a Class A misdemeanor.
§ 39-14-137. Fraudulent qualifying for programs for disadvantaged or minority businesses. - (a) No person shall knowingly commit or engage in any false or fraudulent conduct, representation or practice in order to qualify, or assist another to qualify, for participation in any program administered by or through an agency of state or local government intended to specifically encourage and enhance economic development of the following:
- (1) Disadvantaged businesses, as described by § 4-26-102(6);
- (2) Small businesses, as described by § 12-3-1102;
- (3) Minority-owned businesses, as described by § 12-3-1102; or
- (4) Disadvantaged business concerns and enterprises, as described by or pursuant to § 54-1-124.
- (b) A violation of subsection (a) is punishable as theft pursuant to § 39-14-105.
- (c) Any contract entered into as a direct result of a violation of subsection (a) shall be null and void and the court shall order repayment of all governmental funds paid pursuant thereto which may be reasonably construed as constituting net profit or personal enrichment for the guilty party or parties. Repayment of funds pursuant to this subsection (c) shall be in addition to payment of any fine imposed pursuant to subsection (b).
History (3)
- Acts 1989, ch. 591, § 1
- 1993, ch. 488, § 3
- 1997, ch. 46, § 1.
§ 39-14-138. Theft of trade secrets. - (a) As used in this section, unless the context otherwise requires:
- (1) “Article” means any object, material, device, or substance or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photograph, micro-organism, blueprint or map;
- (2) “Copy” means any facsimile, replica, photograph or other reproduction of an article, and any note, drawing or sketch made of or from an article;
- (3) “Representing” means describing, depicting, containing, constituting, reflecting or recording; and
- (4) “Trade secret” means the whole or any portion or phrase of any scientific or technical information, design, process, procedure, formula or improvement which is secret and of value. The trier of fact may infer a trade secret to be secret when the owner thereof takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes.
- (b) A person is guilty of theft and shall be punished pursuant to § 39-14-105 who, with intent to deprive or withhold from its owner the control of the trade secret, or with intent to appropriate a trade secret to the person's own use or to the use of another:
- (1) Steals or embezzles an article representing a trade secret; or
- (2) Without authority makes or causes to be made a copy of an article representing a trade secret.
§ 39-14-139. Recorded device. - (a) As used in this section:
- (1) “Aggregate wholesale value” means the average wholesale value of lawfully manufactured and authorized recordings corresponding to the number of nonconforming recordings involved in the offense. Proof of the specific wholesale value of each nonconforming recording shall not be required;
- (2) “Fixed” means embodied in a recording or other tangible medium of expression, by or under the authority of the author, so that the matter embodied is sufficiently permanent or stable to permit it to be perceived, reproduced or otherwise communicated for a period of more than transitory duration;
- (3) “Live performance” means a recitation, rendering or playing of a series of images, musical, spoken or other sounds, or a combination of images and sounds, in an audible sequence;
- (4) “Manufacturer” means the person who actually makes the recording or causes the recording to be made. “Manufacturer” does not include a person who manufactures a medium upon which sounds or images can be recorded or stored, or who manufactures the cartridge or casing itself, unless the person actually makes the recording or causes the recording to be made;
- (5) “Owner” means a person who owns the sounds fixed in a master phonograph record, master disc, master tape, master film or other recording on which sound is or can be recorded and from which the transferred recorded sounds are directly or indirectly derived; and
- (6) “Recording” means a tangible medium on which sounds, images, or both are recorded or otherwise stored, including an original phonograph record, disc, tape, audio or video cassette, wire, film, memory card, flash drive, hard-drive, data storage device, or other medium now existing or developed later on which sounds, images, or both are or can be recorded or otherwise stored, or a copy or reproduction that duplicates, in whole or in part, the original.
- (b)
- (1) It is unlawful for any person to:
- (A) Knowingly reproduce for sale or cause to be transferred any recording with intent to sell it or cause it to be sold or use it or cause it to be used for commercial advantage or private financial gain through public performance without the consent of the owner;
- (B) Transport within this state, for commercial advantage or private financial gain, a recording with the knowledge that the sounds on the recording have been reproduced or transferred without the consent of the owner; or
- (C) Advertise, offer for sale, sell or rent, cause the sale, resale or rental of, or possess for one (1) or more of these purposes any recording that the person knows has been reproduced or transferred without the consent of the owner.
- (2) Subdivision (b)(1) does not apply to audiovisual recordings and applies only to sound recordings that were initially fixed before February 15, 1972.
- (c)
- (1) It is unlawful for any person to:
- (A) For commercial advantage or private financial gain, advertise, offer for sale, sell, rent, transport, cause the sale, resale, rental, or transportation of, or possess for one (1) or more of these purposes a recording containing sounds of a live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner; or
- (B) With the intent to sell for commercial advantage or private financial gain, record or fix or cause to be recorded or fixed on a recording a live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner.
- (2) In the absence of a written agreement or law to the contrary, the performer or performers of a live performance may be presumed to own the rights to record or fix those sounds.
- (d) It is unlawful for any person to, for commercial advantage or private financial gain, knowingly advertise, offer for sale, sell, rent or transport, cause the sale, resale, rental or transportation of, or possess for any of these purposes a recording if the outside cover, box, jacket or label of the recording does not clearly and conspicuously disclose the actual name and address of the manufacturer.
- (e) Any violation of this section constitutes a:
- (1) Class D felony, accompanied by a fine of no less than one thousand dollars ($1,000), if:
- (A) The violation involves one hundred (100) or more recordings during a one hundred eighty-day period; or
- (B) The defendant has been previously convicted under this section;
- (2) Class E felony, accompanied by a fine of no less than five hundred dollars ($500), if the violation involves more than fifty (50) but less than one hundred (100) recordings during a one hundred eighty-day period; or
- (3) Class A misdemeanor, accompanied by a fine of no less than two hundred dollars ($200), for any other offense.
- (f) If a person is convicted of a violation of this section, the court may order the person to make restitution to any owner or lawful producer of a master recording that has suffered injury resulting from the crime, or to the trade association representing the owner or lawful producer. An order of restitution may be based on the aggregate wholesale value of lawfully manufactured and authorized recordings corresponding to the number of nonconforming recordings involved in the offense unless a greater value can be proven. An order of restitution may also include investigative costs relating to the offense.
- (g) All recordings involved in the offense, implements, devices and equipment used or intended to be used in the manufacture of recordings on which the offense is based, proceeds and any and all contraband associated with the offense are subject to forfeiture and destruction or other disposition pursuant to § 39-11-703.
- (h) The penalties provided by this section are in addition to any other penalties provided under any other law. This section does not affect the rights and remedies of a party in private litigation.
History (3)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1000, §§ 1-4
- 2009, ch. 408, § 2.
§ 39-14-140. Forfeiture. - Any electronic or communications equipment, and any other devices used, sold, transferred or possessed to violate this part are considered contraband subject to seizure and forfeiture under the same procedures used for the forfeiture of conveyances pursuant to title 40, chapter 33.
History (2)
- Acts 1989, ch. 591, § 1
- 2009, ch. 408, § 3.
§ 39-14-143. Unauthorized solicitation for police, judicial or safety association. - (a) It is an offense for a person to solicit or accept a fee, consideration, donation, or to offer for sale or sell advertising as a representative, or under the guise of representing, a police, judicial or safety association, partnership or corporation unless the person is employed by or is a member of an organization composed of persons elected, employed or appointed pursuant to law, to engage in police, judicial or safety work or activities, except that the commissioner of safety may authorize in writing any person to engage in such activities until the authority is revoked in writing by the commissioner.
- (b) “Police,” as used in this section, includes any person duly elected, appointed, or employed as provided by law to engage in law enforcement work.
- (c) A violation of this section is a Class A misdemeanor.
- (d) This section does not apply to any police, judicial or safety association directed or regulated by any agency, department or branch of state government. Neither does this section apply to associations composed of duly constituted law enforcement or judicial officers.
- (e) Notwithstanding subsection (c) to the contrary, any person, persons, corporation or corporations violating this section, which violation is accomplished through the use of some form of communication across the boundaries of this state, commits a Class E felony, whether such communication is:
- (1) By mail;
- (2) By the use of any electronic device, including, but not limited to, the use of a telephone or telegraph; or
- (3) By any other means.
§ 39-14-144. Civil liability of adult, parent or guardian for theft of retail merchandise by minor. - (a) If the appropriate district attorney general consents to use of this section as provided in subsection (i), in lieu of any criminal penalties imposed by § 39-14-105 for theft offenses, any adult or parent or guardian of a minor who willfully takes possession of merchandise from a retail merchant with the intent to convert the merchandise to personal use without paying the purchase price is subject to civil liability, should the merchant prevail, as follows:
- (1) For the adult or emancipated minor:
- (A) The greater of one hundred dollars ($100) or an amount three (3) times the listed retail price of the merchandise taken if the merchant does not recover the merchandise;
- (B) The greater of one hundred dollars ($100) or an amount three (3) times the difference between the value of the damaged merchandise and the value of the merchandise prior to its conversion if the merchant recovers the merchandise but it is in a damaged state; or
- (C) The greater of one hundred dollars ($100) or an amount twice the listed retail price of the merchandise if the merchant recovers the merchandise in the same condition it was in prior to the conversion; or
- (2) For the parent or legal guardian having custody of an unemancipated minor who has been negligent in the supervision of the unemancipated minor:
- (A) The greater of one hundred dollars ($100) or an amount three (3) times the listed retail price of the merchandise taken if the merchant does not recover the merchandise;
- (B) The greater of one hundred dollars ($100) or an amount three (3) times the difference between the value of the damaged merchandise and the value of the merchandise prior to its conversion if the merchant recovers the merchandise but it is in a damaged state; or
- (C) The greater of one hundred dollars ($100) or an amount twice the listed retail price of the merchandise if the merchant recovers the merchandise in the same condition it was in prior to the conversion.
- (b) Civil liability under this section is not limited by any other law concerning the liability of parents or guardians or minors.
- (c) A conviction for the offense of shoplifting is not a prerequisite to the maintenance of a civil action authorized by this section.
- (d) The fact that a mercantile establishment may bring an action against an individual as provided in this section shall not limit the right of the establishment to demand, orally or in writing, that a person who is liable for damages and penalties under this section remit the damages prior to the consideration of the commencement of any legal action.
- (e) An action for recovery of damages and penalties under this section may be brought in any court of competent jurisdiction, including a court of general sessions, if the total damages do not exceed the jurisdictional limit of the court involved.
- (f) If a written agreement is entered into between the merchant and the person responsible for damages and penalties pursuant to this section concerning the liability of the person and the payment of the damages and penalties, the agreement and the contents of the agreement shall remain confidential as long as the parties to the agreement continue to adhere to its terms.
- (g) The civil remedy conferred upon merchants by this section shall not apply if the listed retail price of the merchandise taken was in excess of five hundred dollars ($500).
- (h) Use of the civil remedy conferred upon merchants by this section shall not be construed to be a violation of § 39-16-604, prohibiting the compounding of an offense.
- (i) Any demand in writing or other document sent to the adult, parent or guardian of a minor covered by this section shall also be sent to the district attorney general of the judicial district in which the offense occurred. If the appropriate district attorney general has not, within ten (10) days from the date the document was sent, objected to the use of this section in lieu of criminal prosecution, the district attorney general is deemed to have consented to the use of this section by the mercantile establishment. If the mercantile establishment does not send a written demand or other document to the adult, parent or guardian, the district attorney general must be notified and must consent, either orally or in writing, to the use of this section in lieu of criminal prosecution.
- (j) Whenever a retail merchant, the merchant's agent, or the merchant's employee apprehends an adult or minor who has committed theft as described in subsection (a), the merchant, agent, or employee shall not at that time enter into any written agreement to accept civil damages in lieu of criminal penalties or actually accept any civil damages.
History (2)
- Acts 1990, ch. 1007, § 1
- 1991, ch. 288, §§ 1, 3, 4, 6, 8.
§ 39-14-145. Civil liability of employees for theft of retail merchandise. - (a) If the appropriate district attorney general consents to use of this section as provided in subsection (e), in lieu of any criminal penalties imposed by § 39-14-105 for theft offenses, any employee of a retail merchant who willfully takes possession of merchandise from the retail merchant with the intent to convert the merchandise to personal use without paying the purchase price shall be subject to civil liability should the merchant prevail as follows:
- (1) The greater of one hundred dollars ($100) or an amount three (3) times the listed retail price of the merchandise taken if the merchant does not recover the merchandise;
- (2) The greater of one hundred dollars ($100) or an amount three (3) times the difference between the value of the damaged merchandise and the value of the merchandise prior to its conversion if the merchant recovers the merchandise but it is in a damaged state; or
- (3) The greater of one hundred dollars ($100) or an amount twice the listed retail price of the merchandise if the merchant recovers the merchandise in the same condition it was in prior to the conversion.
- (b) The civil remedy conferred upon merchants by this section shall not apply if the listed retail price of the merchandise taken was in excess of five hundred dollars ($500).
- (c) If a written agreement is entered into between the merchant and the person responsible for damages and penalties pursuant to this section concerning the liability of the person and the payment of the damages and penalties, the agreement and the contents thereof shall remain confidential as long as the parties to the agreement continue to adhere to its terms.
- (d) Use of the civil remedy conferred upon merchants by this section shall not be construed to be a violation of § 39-16-604, prohibiting the compounding of an offense.
- (e) Any demand in writing or other document sent to an employee covered by this section shall also be sent to the district attorney general of the judicial district in which the offense occurred. If the appropriate district attorney general has not, within ten (10) days from the date the document was sent, objected to the use of this section in lieu of criminal prosecution, the district attorney general shall be deemed to have consented to the use of this section by the mercantile establishment. If the mercantile establishment does not send a written demand or other document to the employee, the district attorney general must be notified and must consent, either orally or in writing, to the use of this section in lieu of criminal prosecution.
- (f) Whenever a retail merchant, the merchant's agent or the merchant's employee apprehends an employee who has committed theft as described in subsection (a), the merchant, agent or employee shall not at such time enter into any written agreement to accept civil damages in lieu of criminal penalties or actually accept any such civil damages.
History (2)
- Acts 1990, ch. 1007, § 2
- 1991, ch. 288, §§ 2, 5, 7, 8.
§ 39-14-146. Theft of property — Conduct involving merchandise. - (a) For purposes of § 39-14-103, a person commits theft of property if the person, with the intent to deprive a merchant of the stated price of merchandise, knowingly commits any of the following acts:
- (1) Conceals the merchandise;
- (2) Removes, takes possession of, or causes the removal of merchandise;
- (3) Alters, transfers or removes any price marking, or any other marking which aids in determining value affixed to the merchandise;
- (4) Transfers the merchandise from one (1) container to another;
- (5) Causes the cash register or other sales recording device to reflect less than the merchant's stated price for the merchandise;
- (6) Removes, destroys, deactivates, or evades any component of an anti-shoplifting or inventory control device to commit or facilitate a theft;
- (7) Uses any artifice, instrument, container, device, or other article to commit or facilitate a theft; or
- (8) Activates or interferes with a fire alarm system to commit or facilitate a theft.
- (b) In a theft prosecution under this section, unless applicable, the state is not required to prove that the defendant obtained or exercised control over the merchandise as required in a prosecution under § 39-14-103.
- (c) Notwithstanding any other law, a fifth or subsequent conviction in a two-year period shall be punished one (1) classification higher than provided by § 39-14-105, and subject to a fine of not less than three hundred dollars ($300) nor more than the maximum fine established for the appropriate offense classification.
History (2)
- Acts 1991, ch. 237, § 1
- 2017, ch. 184, §§ 1, 2.
§ 39-14-147. Fraudulent transfer of motor vehicle — Definitions — Defenses — Penalties — Civil liability. - (a) As used in this section, unless the context otherwise requires:
- (1) “Lease” means the grant of use and possession of a motor vehicle for consideration, whether or not the grant includes an option to buy the vehicle;
- (2) “Motor vehicle” means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a device used exclusively on stationary rails or tracks;
- (3) “Security interest” means an interest in personal property or fixtures that secures payment or performance of an obligation;
- (4) “Third party” means a person other than the actor or the owner of the vehicle; and
- (5) “Transfer” means to transfer possession, whether or not another right is also transferred, by means of a sale, lease, sublease, lease assignment or other property transfer.
- (b) A person commits an offense if the person acquires, accepts possession of, or exercises control over the motor vehicle of another under a written or oral agreement to arrange for the transfer of the vehicle to a third party and:
- (1) Knowing the vehicle is subject to a security interest, lease or lien, the person transfers the vehicle to a third party without first obtaining written authorization from the vehicle's secured creditor, lessor or lienholder;
- (2) Intending to defraud or harm the vehicle's owner, the person transfers the vehicle to a third party;
- (3) Intending to defraud or harm the vehicle's owner, the person disposes of the vehicle in a manner other than by transfer to a third party; or
- (4) The person does not disclose the location of the vehicle on the request of the vehicle's owner, secured creditor, lessor or lienholder.
- (c) For the purposes of subdivision (b)(2), the actor is presumed to have intended to defraud or harm the motor vehicle's owner if the actor does not take reasonable steps to determine whether or not the third party is financially able to pay for the vehicle.
- (d) It is a defense to prosecution under subdivision (b)(1) that the entire indebtedness secured by or owned under the security interest, lease or lien is paid or satisfied in full not later than the thirtieth day after the date that the transfer was made.
- (e) It is not a defense to prosecution under subdivision (b)(1) that the motor vehicle's owner has violated a contract creating a security interest, lease or lien in the motor vehicle.
- (f) A violation of subdivision (b)(1), (2) or (3) is:
- (1) A Class E felony if the value of the motor vehicle is less than twenty thousand dollars ($20,000); or
- (2) A Class D felony if the value of the motor vehicle is twenty thousand dollars ($20,000) or more.
- (g) A violation of subdivision (b)(4) is a Class B misdemeanor.
- (h) In addition to any criminal penalties imposed by this section, a person who is found by a court of competent jurisdiction to have violated any part of this section shall be subject to civil liability to a vehicle owner, secured creditor, lessor or lienholder who prevails in an action brought under this section for the following:
- (1) Three (3) times the actual value of the motor vehicle; and
- (2) Reasonable costs and attorney's fees incurred by the person instituting the action.
History (1)
- Acts 1991, ch. 479, §§ 2-9.
§ 39-14-148. False statement in obtaining surety bond — Penalty. - Any person who makes a false statement or representation of a material fact knowing it to be false or knowingly fails to disclose a material fact, in order to obtain a surety bond, either for that person or for any other person, commits a Class A misdemeanor. Each such false statement or representation or failure to disclose a material fact constitutes a separate offense.
§ 39-14-149. Communication theft — Sale of illegal devices — Penalties — Mitigating factors — Aggravating factors — Multipurpose devices. - (a) A person commits communication theft who, with the intent to defraud a communication service provider of any lawful compensation for providing a communication service, knowingly:
- (1) Acquires, transmits, or retransmits a communication service;
- (2) Makes, distributes, possesses with the intent to distribute or uses a communication device or modifies, programs or reprograms a communication device in such a manner that it is designed, adapted for use or used for the commission of communication theft in violation of subdivision (a)(1);
- (3) Makes or maintains any modification or alteration to any communication device installed with the express authorization of a communication service provider for the purpose of intercepting any program or other service carried by the provider that the person is not authorized by the provider to receive;
- (4) Makes or maintains connections, whether physical, electrical, acoustical or by any other means, with cables, wires, components or other devices used for the distribution of communication services without the authority of the communication services provider;
- (5) Sells, possesses, or otherwise delivers to another or offers for sale any:
- (A) Communication device or unlawful access device, or plans or instructions for making the same, under circumstances evincing an intent to use the communication device or unlawful access device, or to allow the same to be used, for a purpose prohibited by this section; or
- (B) Material, including hardware, cables, tools, data, computer software or other information or equipment, knowing that the purchaser or a third person intends to use the material in the manufacture or development of a communication device or unlawful access device in violation of this section;
- (6) Publishes the number or code of an existing, cancelled, revoked or nonexistent telephone number, credit number or other credit device, or method of numbering or coding which is employed in the issuance of telephone numbers, credit numbers or other credit devices knowing that it may be used to avoid the payment of any lawful telephone or telegraph toll charge under circumstances evincing an intent to have the telephone number, credit number, credit device or method of numbering or coding so used; or
- (7) Assists another in committing an act prohibited by this section in a manner that would make such person criminally responsible for the act under § 39-11-402.
- (b) Any communication device or unlawful access device and other related items and equipment pertaining to a violation of this section may be seized under warrant or incident to a lawful arrest. Upon conviction for such a violation, the court may order the sheriff of the county in which the person was convicted to destroy as contraband or to otherwise lawfully dispose of any devices or other related items used in violation of this section.
- (c) If conduct that violates this section:
- (1) Also constitutes a violation of § 39-14-104 relative to theft of services, that conduct may be prosecuted under either, but not both, statutes as provided in § 39-11-109; and
- (2) Is either commenced or consummated in this state, that conduct may be prosecuted in this state as provided in § 39-11-103.
- (d)
- (1) A violation of this section shall be punished as theft and graded in accordance with § 39-14-105.
- (2) A person's first violation of this section shall be punished by fine only if the value of the services obtained is less than one thousand dollars ($1,000). However, the trier of fact may impose a fine of double the amount otherwise authorized by § 40-35-111 for the appropriate offense class.
- (3)
- (A) Except as provided in subdivision (d)(3)(B), each communication device or unlawful access device involved in a violation of this section shall constitute a separate offense and each activity prohibited by this section found to have occurred shall constitute a separate offense regardless of whether the activity involves one (1) or more than one (1) communication device or unlawful access device.
- (B) If a defendant commits multiple violations of this section but such violations represent a single, continuous course of conduct by the defendant, such multiple violations, shall, for purposes of this section, be considered one (1) violation and shall be punished as such.
- (4) In addition to any other sentence authorized by this section, the court may order a person convicted of violating this section to make restitution for the offense in accordance with the procedure set out in § 40-35-304.
- (e)
- (1)
- (A) A communication service provider aggrieved by a violation of this section may institute a civil action in any court of competent jurisdiction to obtain appropriate relief. Whether the conduct giving rise to a violation of this section occurs wholly in this state, is commenced outside the state but consummated in this state, or is commenced in this state but consummated outside this state, venue for the action shall be in any county in which conduct constituting a violation of this section occurs.
- (B) An action shall be filed within two (2) years of the aggrieved communication service provider's actual knowledge of the violation, but in no event shall the action be filed more than five (5) years from the date of the violation.
- (2) The court, in its discretion:
- (A) May award declaratory relief and other equitable remedies, including preliminary and final injunctions to prevent or restrain violations of this section;
- (B) At any time while an action is pending, on the terms it deems reasonable, may order the impounding of any communication device or unlawful access device that is in the custody or control of the violator and that the court has reasonable cause to believe was involved in the alleged violation of this section;
- (C) Award actual or statutory damages as authorized in subdivision (e)(3); and
- (D) As part of a final judgment or decree finding a violation of this section, order the remedial modification or destruction of any communication device or unlawful access device, or any other devices or equipment involved in the violation, that is in the custody or control of the violator, or that has been impounded under subdivision (e)(2)(B).
- (3) At any time before final judgment is entered, the aggrieved party may elect to have any damages that may be awarded to that party computed according to either of the following methods:
- (A) The actual damages suffered by the party as a result of violations of this section and all profits of the violator that are attributable to all violations of this section against the aggrieved party;
- (B)
- (i) Except as provided in subdivision (e)(3)(B)(ii), in lieu of actual damages and the violator's profits as provided in subdivision (e)(3)(A), statutory damages in an amount of not less than seven hundred fifty dollars ($750) nor more than five thousand dollars ($5,000) may be awarded for each communication device or unlawful access device involved in the action or each violation of this section found to have occurred. The trier of fact shall determine the appropriate amount of statutory damages from within the range available in this subdivision (e)(3)(B) as it deems equitable and just;
- (ii) If a person commits multiple violations of this section but the violations represent a single, continuous course of conduct by that person, those multiple violations, shall, for purposes of this section, be considered one (1) violation and statutory damages awarded as such;
- (C) Notwithstanding subdivision (e)(3)(B), if the trier of fact finds that there are mitigating factors present as to a particular defendant's involvement in a violation of this section, it may reduce the amount of statutory damages awarded below the minimum amount established in subdivision (e)(3)(B). Mitigating factors may include, but shall not be limited to:
- (i) The defendant's role in the violation was minor;
- (ii) The defendant assisted the aggrieved party in uncovering violations of this section committed by other persons or in detecting other persons who had committed violations of this section;
- (iii) The defendant assisted the aggrieved party in locating other communication devices, unlawful access devices or equipment used to violate this section;
- (iv) The defendant's violation of this section was committed solely for personal or household use;
- (v) The defendant acted under a good faith belief that the defendant's violations of this section were lawful and ceased the violations upon learning that they were not; and
- (vi) Any other factor consistent with this subdivision (e)(3)(C) that would cause the trier of fact to believe that the interests of justice require the amount of damages awarded to be below the statutory minimum set out in subdivision (e)(3)(B);
- (D) Notwithstanding subdivision (e)(3)(B), if the trier of fact finds that there are aggravating factors present as to a particular defendant's involvement in a violation of this section, it may increase the amount of damages awarded up to an amount not to exceed fifty thousand dollars ($50,000). Aggravating factors may include, but shall not be limited to:
- (i) The defendant committed the offense willfully and for the purpose of commercial advantage or financial gain;
- (ii) The defendant has a previous history of committing communication theft whether in this state, another state or under federal jurisdiction;
- (iii) The defendant was the leader in the commission of a violation of this section involving two (2) or more other parties;
- (iv) Violations of this section were also committed against other communication service providers on or about the same time as the violations against the aggrieved party;
- (v) The value of the services taken from or damage done to the aggrieved party was particularly great; and
- (vi) Any other factor consistent with this subdivision (e)(3)(D) that would cause the trier of fact to believe that the interests of justice require the amount of damages awarded be in excess of the statutory maximum set out in subdivision (e)(3)(B) or that the amount should be added to any actual damages proven; and
- (E) If the defendant prevails in a civil action brought pursuant to this section, the court may tax all costs of the action against the plaintiff and award the defendant reasonable attorney fees and the reasonable costs of defending the action if the court finds that the plaintiff brought the action:
- (i) In bad faith; and
- (ii) For the purpose of impeding or stifling lawful competition; or
- (iii) For the purpose of harassing or intimidating lawful competition.
- (f) This section shall not be construed to prohibit:
- (1) The manufacture, use, advertisement or sale of a multipurpose device, or the possession of a multipurpose device for any of the purposes mentioned in this section, unless the person acts with the intent required to violate this section and the person knows that:
- (A) The primary use or purpose for which the device was designed, manufactured, sold or licensed is for a violation of this section;
- (B) The device has only a limited commercially significant purpose or use other than as an unlawful access device or for the commission of a violation of this section; or
- (C) The device is marketed by that person or another acting in concert with that person and with that person's knowledge, for use as an unlawful access device or for the purpose of committing a violation of this section;
- (2) The use of a communication device to connect one (1) or more multipurpose devices at the person's residence or business premises, unless the device causes substantial electronic or physical harm to the communication service provider's network, system or facility; and
- (3) The use of a communication device that is not selected by a communication service provider, unless the device causes substantial electronic or physical harm to the communication service provider's network, system or facility.
- (g) Breach of a service contract between a person and a communication service provider that establishes terms and conditions for the attachment of a communication device to a communication service provider's network, system, or facility shall not, in and of itself, be sufficient proof that the person acted with the intent required to commit a violation of this section. However, conduct that constitutes a breach of a service contract may also constitute a violation of this section if the person knowingly commits an act prohibited by this section with the intent to defraud a communication service provider of any lawful compensation for providing a communication service.
- (h)
- (1) Notwithstanding any other provision of this section or language contained in this section to the contrary, a person does not commit either a civil or criminal violation of this section unless the person acts with the intent to defraud, as defined in subdivision (i)(4), a communication service provider of any lawful compensation for providing a communication service in conjunction with some other conduct prohibited by this section.
- (2) Notwithstanding any other provision of this section to the contrary, any entity that has a collectively bargained contract that provides for residual payments to performers, or any entity that licenses the public performing rights with a communications service provider and who is engaged in the distribution of royalty or residual payments, operating in the ordinary course of business to monitor residual payments or the performing right in musical works, sound recordings or audiovisual works provided by a communication service provider, may engage in those monitoring activities under this section where the activities are intended and carried out for the sole purpose of distributing royalties or residuals to songwriters, music publishers, artists or performers or monitoring unauthorized performances.
- (3) Nothing in this section shall be construed to prohibit a nonprofit library, archive, or educational institution from engaging in circulation, course reserves, and inter-library and other lending services; classroom and instructional uses; or archiving and preservation to the extent those activities are permitted under the federal copyright law as compiled in title 17 of the United States Code.
- (i) As used in this section, unless the context otherwise requires:
- (1) “Communication device” means any:
- (A) Machine, equipment, technology or software that is capable of intercepting, transmitting, retransmitting, decrypting or receiving a communication service, or any part thereof; or
- (B) Computer circuit or chip, electronic mechanism or other component that is capable of facilitating the interception, transmission, retransmission, decryption, or reception of any communication service;
- (2) “Communication service” means any service lawfully provided for a charge or compensation to facilitate the lawful origination, transmission, emission or reception of signs, signals, data, writings, images and sounds or intelligence of any nature by telephone of any type, wire, wireless, radio, electromagnetic, photoelectronic or photo-optical systems, networks or facilities; and any service lawfully provided for a charge or compensation by any radio, photo-optical, electromagnetic, photoelectronic, electric power, fiber optic, cable television, satellite, microwave, data transmission, wireless or internet-based distribution system, network or facility, including, but not limited to, any and all electronic, data, video, audio, internet access, telephonic, microwave and radio communications, transmissions, signals and services, and any such communications, transmissions, signals and services lawfully provided directly or indirectly by or through any of the systems mentioned in this subdivision (i)(2), networks or facilities;
- (3) “Communication service provider” means any person or entity:
- (A) Providing a communication service, whether directly or indirectly as a reseller, that, for a fee, supplies the facility, cell site, mobile telephone switching office or other equipment or communication service;
- (B) Owning or operating any fiber optic, photo-optical, electromagnetic, photoelectronic, cable television, satellite, internet-based, telephone, wireless, microwave, data transmission or radio distribution system, network or facility; or
- (C) Providing any communication service directly or indirectly by or through any such distribution systems, networks or facilities;
- (4) “Intent to defraud” means a person uses, in whole or in part, deceit, trickery, misrepresentation or subterfuge for the purpose of depriving a communication service provider of the lawful compensation to which it is entitled for providing a communication service;
- (5) “Multipurpose device” means a communication device that is capable of more than one (1) function, at least one (1) of which is lawful, and includes any component thereof, and any plans or instructions for developing or making the device or any component thereof; and
- (6) “Unlawful access device” means any type of machine, equipment, technology or software that is primarily designed, manufactured, sold, possessed, used or advertised, for the purpose of defeating or circumventing any effective technology, device or software, or any component or part thereof, used by the provider, owner or licensee of any communication service or of any data, audio or video programs or transmissions, to protect any communication, data, audio or video services, programs or transmissions from unauthorized receipt, decryption, communication, transmission or retransmission.
History (2)
- Acts 1996, ch. 800, § 1
- 2004, ch. 770, § 1.
§ 39-14-150. Identity theft victims' rights. - (a) This section shall be known and may be cited as the “Identity Theft Victims' Rights Act of 2004.”
- (b)
- (1) A person commits the offense of identity theft who knowingly obtains, possesses, buys, or uses, the personal identifying information of another:
- (A) With the intent to commit any unlawful act including, but not limited to, obtaining or attempting to obtain credit, goods, services or medical information in the name of such other person; and
- (B)
- (i) Without the consent of such other person;
- (ii) Without the lawful authority to obtain, possess, buy or use that identifying information; or
- (iii) To commit a violation of § 53-11-402 or § 53-11-416 by using a prescription for a controlled substance represented as having been issued by a physician, nurse practitioner, or other health care provider.
- (2) For purposes of the offense of identity theft, an activity involving a possession, use or transfer that is permitted by the Tennessee Financial Records Privacy Act, compiled in title 45, chapter 10; Title V of the Gramm-Leach-Bliley Act, Pub. L. No. 106-102; or the Fair Credit Reporting Act, as amended by the Fair and Accurate Credit Transactional Act, (15 U.S.C. § 1681 et seq.) shall not be considered an “unlawful act”.
- (c)
- (1) A person commits the offense of identity theft trafficking who knowingly sells, transfers, gives, trades, loans or delivers, or possesses with the intent to sell, transfer, give, trade, loan or deliver, the personal identifying information of another:
- (A) With the intent that the information be used by someone else to commit any unlawful act including, but not limited to, obtaining or attempting to obtain credit, goods, services or medical information in the name of the other person; or
- (B) Under circumstances such that the person should have known that the identifying information would be used by someone else to commit any unlawful act including, but not limited to, obtaining or attempting to obtain credit, goods, services or medical information in the name of the other person; and
- (C) The person does not have the consent of the person who is identified by the information to sell, transfer, give, trade, loan or deliver, or possess with the intent to sell, transfer, give, trade, loan or deliver, that information; and
- (D) The person does not have lawful authority to sell, transfer, give, trade, loan or deliver, or possess with the intent to sell, transfer, give, loan or deliver, the personal identifying information.
- (2) For purposes of the offense of identity theft trafficking, an activity involving a possession, use or transfer that is permitted by the Tennessee Financial Records Privacy Act; Title V of the Gramm-Leach-Bliley Act; or the Fair Credit Reporting Act, as amended by the Fair and Accurate Credit Transactional Act, shall not be considered an “unlawful act”.
- (d) In a prosecution under subsection (c), the trier of fact may infer from the defendant's simultaneous possession of the personal identifying information of five (5) or more different individuals that the defendant possessed the personal identifying information with the intent to sell, transfer, give, trade, loan or deliver the information. However, if the defendant had the consent of one (1) or more of the individuals to possess the personal identifying information of that individual, the consenting individual shall not be counted in determining whether an inference of possession for sale may be drawn by the trier of fact.
- (e) As used in this section, “personal identifying information” means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including:
- (1) Name, social security number, date of birth, official state or government issued driver license or identification number, alien registration number, passport number, employer or taxpayer identification number;
- (2) Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation;
- (3) Unique electronic identification number, address, routing code or other personal identifying data which enables an individual to obtain merchandise or service or to otherwise financially encumber the legitimate possessor of the identifying data;
- (4) Telecommunication identifying information or access device; or
- (5) Any name, number, information, medical prescribing pad, electronic message, or form used by a physician, nurse practitioner, or other health care provider for prescribing a controlled substance.
- (f)
- (1) The general assembly recognizes that an offense under this section may result in more than one (1) victim. While a company or business that loses money, merchandise, or other things of value as a result of the offense is a victim, it is equally true that the person whose identity is stolen is also a victim. The person whose identity is stolen suffers definite and measurable losses including expenses necessary to cancel, stop payment on, or replace stolen items such as credit cards, checks, driver licenses, and other documents, costs incurred in discovering the extent of the identity theft, in repairing damage from the theft such as credit ratings and reports and preventing further damages from the theft, long distance telephone charges to law enforcement officials, government offices, and businesses in regard to the theft, and lost wages from the time away from work required to obtain new personal identifying information and complete all of the tasks set out in this subdivision (f)(1). In addition to measurable losses, the person whose identity is stolen also suffers immeasurable damages such as stress and anxiety as well as possible health problems resulting from or aggravated by the offense.
- (2) For the reasons set out in subdivision (f)(1), the general assembly declares that any person whose identity is unlawfully obtained in violation of subsection (b) or (c) is a victim of crime within the meaning of Article 1, § 35 of the Constitution of Tennessee and title 40, chapter 38.
- (g)
- (1) Notwithstanding any law to the contrary, if a private entity or business maintains a record that contains any of the personal identifying information set out in subdivision (g)(2) concerning one of its customers, and the entity, by law, practice or policy discards such records after a specified period of time, any record containing the personal identifying information shall not be discarded unless the business:
- (A) Shreds or burns the customer's record before discarding the record;
- (B) Erases the personal identifying information contained in the customer's record before discarding the record;
- (C) Modifies the customer's record to make the personal identifying information unreadable before discarding the record; or
- (D) Takes action to destroy the customer's personal identifying information in a manner that it reasonably believes will ensure that no unauthorized persons have access to the personal identifying information contained in the customer's record for the period of time between the record's disposal and the record's destruction.
- (2) As used in this subsection (g), “personal identifying information” means a customer's:
- (A) Social security number;
- (B) Driver license identification number;
- (C) Savings account number;
- (D) Checking account number;
- (E) PIN (personal identification number) or password;
- (F) Complete credit or debit card number;
- (G) Demand deposit account number;
- (H) Health insurance identification number; or
- (I) Unique biometric data.
- (3)
- (A) A violation of this subsection (g) shall be considered a violation of the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, and may be punishable by a civil penalty in the amount of five hundred dollars ($500) for each record containing a customer's personal identifying information that is wrongfully disposed of or discarded; provided, however, that no total penalty may exceed ten thousand dollars ($10,000) for any one (1) customer.
- (B) It is an affirmative defense to any civil penalty imposed pursuant to this subsection (g) that the business used due diligence in its attempt to properly dispose of or discard the records.
- (4) The methods of destroying the personal identifying information of a customer set out in this subsection (g) shall be considered the minimum standards. If a private entity or business by law, practice or policy currently is required to have or otherwise has in place more stringent methods and procedures for destroying the personal identifying information in a customer's record than are required by this subsection (g), the private entity or business may continue to destroy the identifying information in the more stringent manner.
- (5) To the extent that this subsection (g) conflicts with applicable federal law, this subsection (g) shall not apply to an entity that is subject to the enforcement authority of the federal banking agencies, the national credit union administration, the federal trade commission or the securities and exchange commission. For any such entity, the applicable federal law shall govern the proper disposition of records containing consumer information, or any compilation of consumer information, derived from consumer reports for a business purpose.
- (6) Notwithstanding subdivision (g)(5), this subsection (g) shall not apply to any financial institution that is subject to the privacy and security provisions of the Gramm-Leach-Bliley Act, as amended, and as it existed on January 31, 2002.
- (h)
- (1) The following property shall be subject to seizure and judicial forfeiture to the state in the manner provided:
- (A) Any property, real or personal, directly or indirectly acquired by or received in violation of this section;
- (B) Any property, real or personal, received as an inducement to violate this section;
- (C) Any property, real or personal, traceable to the proceeds from the violation;
- (D) Any property, real or personal, used in connection with or to facilitate a violation of this section; and
- (E) All conveyances, including aircraft, vehicles or vessels, which are used, or are intended for use, in the commission of or escape from a violation of this section and any money, merchandise or other property contained in those conveyances.
- (2) Property seized pursuant to this subsection (h) shall be seized and forfeited pursuant to the procedure set out in chapter 11, part 7 of this title.
- (3) Notwithstanding § 39-11-713, property seized pursuant to this subsection (h) shall be disposed of as follows:
- (A) All property ordered forfeited shall be sold at public auction. The proceeds from all property forfeited and sold at public auction shall be disposed of by the court as directed by this section. The attorney general and reporter shall first be compensated for all expenses incident to the litigation, as approved by the court. Any costs for appeals shall be provided for by the trial court upon conclusion of the litigation. The attorney general and reporter shall then direct that any public agency be reimbursed for out-of-pocket expenses resulting from the investigation, seizure and storage of the forfeited property;
- (B) Out of the proceeds remaining, the court shall order restitution be made to the person or persons whose identity was stolen for any identifiable losses resulting from the offense; and
- (C) The court shall then award the remainder of the funds as follows:
- (i) In the event that the investigating and seizing agency was a state agency, then ten percent (10%) of the funds shall be distributed to the state treasurer who shall deposit the funds in a designated account for the agency to be used in its identity theft operations;
- (ii) In the event that the investigating and seizing agency is the Tennessee bureau of investigation, then ten (10%) of the funds shall be distributed to the state treasurer who shall deposit the funds in a designated account for the agency to be used in its identity theft operations;
- (iii) In the event that the investigating and seizing agency is a local public agency, then twenty-five percent (25%) of the funds shall be distributed to its local government for distribution to the law enforcement agency for use in the enforcement of this section. When more than one (1) local public agency participated in the investigation and seizure of forfeited property as certified by the attorney general and reporter, then the court shall order a distribution of ten percent (10%) of the funds according to the participation of each local public agency. Accounting procedures for the financial administration of the funds shall be in keeping with those prescribed by the comptroller of the treasury; and
- (iv) The remainder of the funds shall be distributed to the state treasurer who shall deposit the funds in the general fund to defray the incarceration costs associated with the offense of identity theft trafficking defined in subsection (c).
- (4) For purposes of this subsection (h), a “local public agency” includes any county or municipal law enforcement agency or commission, the district attorney general, or any department or agency of local government authorized by the attorney general and reporter to participate in the investigation.
- (5) Funds awarded under this section may not be used to supplement salaries of any public employee or law enforcement officer. Funds awarded under this section may not supplant other local or state funds.
- (i)
- (1) Identity theft as prohibited by subsection (b) is a Class D felony.
- (2) Identity theft trafficking as prohibited by subsection (c) is a Class C felony.
- (j)
- (1) For purposes of this subsection (j), “victim” means the person whose personal identifying information was obtained, possessed, bought or used in violation of subsection (b), or sold, transferred, given, traded, loaned, delivered or possessed in violation of subsection (c).
- (2) Identity theft is a continuing offense because the offense involves an unlawful taking and use of personal identifying information that remains in the lawful possession of a victim wherever the victim currently resides or is found. As provided in this section, such unlawful taking and use are elements of the offense of identity theft and occur wherever the victim resides or is found.
- (3) Pursuant to § 39-11-103 and subdivision (j)(2), if a victim of identity theft resides or is found in this state, an essential element of the offense is committed in this state and a defendant is subject to prosecution in this state, regardless of whether the defendant was ever actually in this state.
- (4) Venue for the offense of identity theft shall be in any county where an essential element of the offense was committed, including but not limited to, in any county where the victim resides or is found, regardless of whether the defendant was ever actually in such county.
- (k)
- (1) For purposes of this subsection (k):
- (A) “Reencoder” means an electronic device that places encoded information from the computer chip or magnetic strip or stripe of a payment card, driver license or state or local government-issued identification card, onto the computer chip or magnetic strip or stripe of a different payment card, driver license, or state or local government-issued identification card, or any other electronic medium that allows an authorized transaction to occur; and
- (B) “Scanning device” means a scanner, reader or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on a computer chip or magnetic strip or stripe of a payment card, driver license, or state or local government-issued identification card.
- (2)
- (A) It is an offense for a person to use a scanning device or reencoder without the permission of the holder of the card or license from which information is being scanned or reencoded with the intent to commit, aid, or abet any criminal offense.
- (B) It is an offense for a person who possesses any device, apparatus, equipment, software, material, good, property, or supply that is designed or adapted for use as a scanning device or reencoder with the intent to commit, aid, or abet any criminal offense.
- (C) A violation of this subsection (k) is a class A misdemeanor.
History (5)
- Acts 1999, ch. 57, § 1
- 2004, ch. 911, § 1
- 2011, ch. 299, § 1
- 2013, ch. 151, §§ 1, 2
- 2014, ch. 669, § 1.
§ 39-14-151. Suspension of driver license for gasoline theft. - (a)
- (1) In addition to the fine and imprisonment authorized by law for the offense of theft, the court may order the suspension of the driver license of a person convicted of theft for a first time for a period not to exceed six (6) months, if the theft conviction involved a person driving the person's motor vehicle off the premises of an establishment where gasoline is offered for retail sale, after dispensing gasoline or motor vehicle fuel into the fuel tank of that person's motor vehicle and failing to remit payment or make an authorized charge for the gasoline or motor vehicle fuel that was dispensed.
- (2) In addition to the fine and imprisonment authorized by law for the offense of theft, the court shall order the suspension of the driver license of a person convicted of theft for a second time for a period of six (6) months if both such theft convictions involved are of the type of theft specified in subdivision (a)(1).
- (3) In addition to the fine and imprisonment authorized by law for the offense of theft, the court shall order the suspension of the driver license of a person convicted of theft for a third or subsequent time for a period of one (1) year if all of such theft convictions involved are of the type of theft specified in subdivision (a)(1).
- (b) If a person's driver license has been suspended under subsection (a), the court is vested with the authority and discretion to allow the continued use of a restricted driver license for the purpose of going to and from and working at the person's regular place of employment or, in the case of a student enrolled full time in a college or university, going to and from that college or university. The same restrictions and requirements for obtaining the license contained in § 55-50-502(c)(3) or (4) shall also apply to restricted licenses issued under this subsection (b).
- (c)
- (1) Whenever a person is convicted of an offense under subsection (a) and the court orders the suspension of the driver license of that person, the court in which the conviction is had shall confiscate the license being suspended and forward it to the department of safety together with a report of the license suspension. If the court is unable to take physical possession of the license, the court shall nevertheless forward the report to the department. The report shall include the complete name, address, birth date, eye color, sex, and driver license number, if known, of the person whose license has been suspended, and shall indicate the first and last day of the suspension period. If the person is the holder of a license from another state, the court shall not confiscate the license but shall notify the department, which shall notify the appropriate licensing officials in the other state. The court shall, however, suspend the person's nonresident driving privileges for the appropriate length of time. “Conviction” has the same meaning as defined in § 55-50-503.
- (2) Upon receiving the record and the driver license from the court, the department shall suspend the driver license of the person for those periods specified in subsection (a).
- (3) At the end of the period of time established in subsection (a) and prior to reinstatement of the license, the person upon applying for reinstatement of the license shall pay the restoration fee to the department as required under § 55-12-129(b).
§ 39-14-152. Use of a counterfeit mark or logo. - (a) As used in this section:
- (1) “Counterfeit mark” means:
- (A) Any knowingly unauthorized reproduction or copy of intellectual property; or
- (B) Intellectual property affixed to any item knowingly sold, offered for sale, manufactured, or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property;
- (2) “Intellectual property” means any trademark, service mark, trade name, label, term, device, design or word adopted or used by a person to identify that person's goods or services, and all rights protected by title 47, chapter 25, part 11; and
- (3) “Retail value” means the counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized.
- (b)
- (1) It is an offense for a person to knowingly manufacture any item or services bearing or identified by a counterfeit mark.
- (2) It is an offense for a person to use, display, advertise, distribute, offer for sale, sell, or possess with the intent to sell or distribute any item or service knowing the item or service bears or is identified by a counterfeit mark.
- (c) In determining whether a person who possesses an item bearing or identified by a counterfeit mark possesses the item with the intent to sell or distribute it in violation of subdivision (b)(2), the trier of fact may infer from the possession, custody or control of more than twenty-five (25) items bearing a counterfeit mark that the person possesses the items with the intent to sell or distribute them.
- (d)
- (1) A violation of subdivision (b)(1) shall be punished the same as is provided in § 39-14-115 for the offense of criminal simulation. In addition to that punishment, a person who violates subdivision (b)(1) shall be fined an amount up to three (3) times the retail value of the items bearing, or services identified by, a counterfeit mark, or the amount authorized in § 40-35-111 for the appropriate class of felony, whichever amount is greater.
- (2) A violation of subdivision (b)(2) shall be punished as theft and graded in accordance with § 39-14-105; provided, all violations of subdivision (b)(2) shall be punished by fine only, except with respect to violations involving distribution, selling, offering for sale, or possessing with the intent to sell, in which case all methods and manner of punishment in § 39-14-105 shall apply.
- (e) For purposes of determining the appropriate offense grade for a defendant violating subdivision (b)(2), the quantity or retail value of all items bearing, or services identified by, every counterfeit mark the defendant used, displayed, advertised, distributed, offered for sale, sold or possessed with the intent to sell or distribute at the time of the offense shall be aggregated.
- (f) All personal property, including, but not limited to, any items bearing a counterfeit mark, or any items, objects, tools, machines, equipment, instrumentalities or vehicles of any kind, employed or used in connection with a violation of this section shall be subject to judicial forfeiture pursuant to chapter 11, part 7 of this title. If the intellectual property owner does not request release of seized items bearing a counterfeit mark, those items shall be destroyed unless the intellectual property owner consents to another disposition.
- (g) Nothing in this section shall be construed as prohibiting an owner of intellectual property from seeking relief under any other law, including the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1; title 47, chapter 25, part 5; or the Ensuring Likeness, Voice, and Image Security Act of 2024, compiled in title 47, chapter 25, part 11; provided, a defendant prosecuted under this section may not also be prosecuted for criminal simulation under § 39-14-115 based upon the same conduct.
History (3)
- Acts 2000, ch. 980, § 1
- 2005, ch. 395, §§ 1, 2, 3
- 2024, ch. 588, § 12.
§ 39-14-153. False information or concealment of information in applying for or receiving dwelling accommodations in housing project. - (a) It is an offense for a person who is applying for or the recipient of dwelling accommodations in any housing project operated by a housing authority as defined in § 13-20-102 to obtain or attempt to obtain the dwelling accommodations by means of a statement, representation or impersonation the person knows to be false, or by knowingly concealing any material fact if the false statement, representation, impersonation or concealment results in:
- (1) The person meeting the housing authority's income qualification standards established pursuant to § 13-20-113; or
- (2) The person's lease or rental payment being less than the person would otherwise be required to pay under the housing authority's income qualification standards established pursuant to § 13-20-113.
- (b) It is a violation of this section if a person obtains or attempts to obtain dwelling accommodations specified in subsection (a) by means of a statement, representation or impersonation made by another, or by another concealing any material fact, if the person knows the statement, representation or impersonation to be false or the person knows that a material fact has been concealed.
- (c) A violation of this section is a Class A misdemeanor punishable by fine only. The amount of the fine imposed shall be graded as provided in § 39-14-105. In grading the offense, the value of the benefit the defendant derived from the prohibited conduct shall be used to determine the grade of fine.
§ 39-14-154. Actions by home improvement services provider that constitute offense. - (a) For purposes of this section, unless the context otherwise requires:
- (1) “Contract for home improvement services” means a contractual agreement, written or oral, between a person performing home improvement services and a residential owner, and includes all labor, services, and materials to be furnished and performed under such agreement;
- (2) “Home buyer” means a person who intends to enter into a new home construction contract on behalf of any person;
- (3) “Home improvement services” means the repair, replacement, remodeling, alteration, conversion, modernization, improvement, or addition to any residential property, and includes, but is not limited to, the repair, replacement, remodeling, alteration, conversion, modernization, improvement, or addition to driveways, swimming pools, porches, garages, landscaping, fences, fall-out shelters, and roofing;
- (4) “Home improvement services provider” means any person or entity, whether or not licensed pursuant to title 62, chapter 6, who undertakes to, attempts to, or submits a price or bid or offers to construct, supervise, superintend, oversee, schedule, direct, or in any manner assume charge of home improvement services for a fee. Home improvement services provider specifically includes, but is not limited to, a residential contractor as defined in § 62-6-102 when such contractor is performing home improvement services and a home improvement contractor as defined in § 62-6-501;
- (5) “New home contractor” means any person who offers or provides new home construction services as a general contractor or a subcontractor, including, but not limited to, an architect or engineer;
- (6) “New home construction” means the erection, installation, design work, engineering work, permitting through a governmental entity, architectural design, obtaining construction financing, or construction of a dwelling on a fixed foundation on land which is owned or purchased by a home buyer;
- (7) “New home construction contract” means a contractual agreement, written or oral, between a new home contractor and a home buyer whereby the new home contractor agrees to provide new home construction services in exchange for tender of money or other consideration of value by a home buyer or by any lending institution on behalf of the home buyer to a new home contractor as part of a new home construction contract;
- (8) “Possession” means actual care, custody, control, or management of residential property, but shall not include occupancy of residential property through a lease or rental agreement;
- (9) “Residential owner” means a person who has legal possession of residential real property, including any person authorized by such residential owner to act on the residential owner's behalf; and
- (10) “Residential property” means the building structure where a person abides, lodges, resides, or establishes a living accommodation, or where a home buyer or residential owner intends to abide, lodge, reside, or establish a living accommodation following the completion of new home construction or home improvement services made pursuant to a new home construction contract or a contract for home improvement services, and includes the land on or adjacent to such building structure.
- (b) It is an offense for a new home construction contractor or home improvement services provider with intent to defraud to:
- (1)
- (A) Fail to refund amounts paid under a new home construction contract or a contract for home improvement services within ten (10) days of:
- (i) The acceptance of a written request for a refund either hand delivered or mailed certified mail return receipt attached;
- (ii) The refusal to accept the certified mail sent to the last known address of the new home contractor or home improvement services provider by the home buyer or residential owner; or
- (iii) The return of the certified mail to the home buyer or residential owner indicating that the addressee is unknown at the address or a similar designation if the provider failed to provide to the home buyer, residential owner, or the United States postal service a correct current or forwarding address;
- (B) A violation of subdivision (b)(1)(A) is an offense only if:
- (i) No substantial portion of the new home construction or home improvement services work has been performed at the time of the request;
- (ii) More than ninety (90) days have elapsed since the starting date of the new home construction contract or contract for home improvement services; and
- (iii) A copy of the written request for a refund was sent by the home buyer or residential owner to the consumer protection division of the office of the attorney general;
- (2) Deviate from or disregard plans or specifications in any material respect that are contained in a new home construction contract or contract for home improvement services; provided, that the home buyer or residential owner did not provide written consent for the new home contractor or home improvement services provider to deviate from or disregard plans or specifications in the contract and such deviation or disregard caused substantial damage to the home buyer or residential owner's property in that the value of the new construction was less than the value had it been built in accordance with the plan and contract. Such deviation includes, but is not limited to:
- (A) The amount billed for the new home construction contract or contract for home improvement services is substantially greater than the amount quoted in the contract; or
- (B) The materials used in the project are of a substandard quality but the home buyer or residential owner was charged for higher quality materials.
- (c)
- (1) A violation of subsection (b) is punishable as theft pursuant to § 39-14-105. Value for a violation of subsection (b), shall be determined by the monetary amount of the new home construction contract or contract for home improvement services that is paid, minus the value of any work performed, plus the cost to repair any damage to the home buyer or residential owner's property caused by the new home contractor or home improvement services provider.
- (2) If a person is convicted of a violation of subsection (b), the court may order the person to make restitution to any home buyer or residential owner that has suffered injury resulting from the crime. Vehicles used to commit this offense are subject to seizure and forfeiture under the same procedures used for forfeitures set out in chapter 11, part 7 of this title.
- (3) All fines collected as a result of a violation of subsection (b) shall be allocated as follows:
- (A) First to remaining unpaid court costs assessed in the case;
- (B) Then to restitution ordered by the court pursuant to subdivision (c)(2); and
- (C) Any remaining money shall be transmitted to the state board of licensing contractors for purposes of carrying out § 62-6-139.
- (4) In addition, such a violation shall be construed to constitute an unfair or deceptive act or practice affecting the conduct of trade or commerce under the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, and as such, the private right of action remedy under that act shall be available to any person who suffers an ascertainable loss of money or property, real, personal, or mixed, or any other article, commodity, or thing of value wherever situated as a result of such violation.
- (d) Upon a conviction for a violation of this section, the court shall notify the state board of licensing contractors of the new home contractor or home improvement services provider's conviction. If the new home contractor or home improvement services provider is licensed by the board, the board shall revoke the new home contractor or home improvement services provider's license pursuant to § 62-6-118.
- (e) Prosecution under subsection (b) shall not bar prosecution under any other applicable criminal statute nor shall it bar the commencement of any applicable civil cause of actions, including, but not limited to, violations of the Tennessee Consumer Protection Act of 1977 or title 62, chapter 6.
- (f) The district attorney general in conjunction with any law enforcement agency shall have the authority to investigate and to institute criminal proceedings for any violation of subsection (b) regardless of any actions taken or not taken by the board of licensing contractors.
History (4)
- Acts 2010, ch. 1055, § 1
- 2012, ch. 802, § 1
- 2017, ch. 310, § 1
- 2018, ch. 547, §§ 1-3.
Part 2 Animals § 39-14-201. Definitions for animal offenses. - As used in this part, unless the context otherwise requires:
- (1) “Animal” means a domesticated living creature or a wild creature previously captured;
- (2) “Livestock” means all equine as well as animals which are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry;
- (3) “Non-livestock animal” means a pet normally maintained in or near the household or households of its owner or owners, other domesticated animal, previously captured wildlife, an exotic animal, or any other pet, including but not limited to, pet rabbits, a pet chick, duck, or pot bellied pig that is not classified as “livestock” pursuant to this part; and
- (4) “Torture” means every act, omission, or neglect whereby unreasonable physical pain, suffering, or death is caused or permitted, but nothing in this part shall be construed as prohibiting the shooting of birds or game for the purpose of human food or the use of animate targets by incorporated gun clubs.
History (2)
- Acts 1989, ch. 591, § 1
- 1997, ch. 90, §§ 2, 5.
§ 39-14-202. Cruelty to animals. - (a) A person commits an offense who intentionally or knowingly:
- (1) Tortures, maims or grossly overworks an animal;
- (2)
- (A) Fails unreasonably to provide necessary food, water, or care for an animal in the person's custody; or
- (B)
- (i) Fails unreasonably to provide access to necessary shelter for an animal other than a dog in the person's custody; or
- (ii)
- (a) Unless exempted under subdivision (a)(2)(B)(ii)(b), fails unreasonably to provide access to shelter in a structure that meets the following requirements for a dog in the person's custody that resides primarily outdoors:
- (1) The structure is constructed of sound and substantial material, is sufficient to protect the dog from inclement weather, and is of a size appropriate to allow the dog to maintain normal body temperature;
- (2) The structure must have a roof and be enclosed on all sides with an entrance of adequate size for the dog to enter, and have dimensions that allow the dog, while in the shelter, to stand erect, sit, turn around, and lie down in a normal position;
- (3) The structure provides a solid surface, resting platform, pad, floormat, or similar device that is large enough for the dog to lie on in a normal manner and that can be maintained in a sanitary manner;
- (4) From March through October, the structure is properly shaded, and from November through February, when necessary to protect the dog from cold and promote the retention of body heat, the shelter is fitted with a sufficient quantity of bedding material; and
- (5) The structure or structures must be of a sufficient size or number to provide shelter to each dog present at the same time;
- (b) The requirements in subdivision (a)(2)(B)(ii)(a) do not apply when a dog is actively engaged in lawful hunting; police, military, or patrol work; detection work; search-and-rescue; herding or livestock guarding; trials and other lawful competitions; service and assistance work; other working, sporting, and competitive functions; or while actively training for these purposes and functions;
- (3) Abandons unreasonably an animal in the person's custody;
- (4) Transports or confines an animal in a cruel manner; or
- (5) Inflicts burns, cuts, lacerations, or other injuries or pain, by any method, including blistering compounds, to the legs or hooves of horses in order to make them sore for any purpose including, but not limited to, competition in horse shows and similar events.
- (b) A person commits an offense who knowingly ties, tethers, or restrains a dog in a manner that results in the dog suffering bodily injury as defined in § 39-11-106.
- (c) It is a defense to prosecution under this section that the person was engaged in accepted veterinary practices, medical treatment by the owner or with the owner's consent, or bona fide experimentation for scientific research.
- (d) Whenever any person is taken into custody by any officer for violation of subdivision (a)(4), the officer may take charge of the vehicle or conveyance, and its contents, used by the person to transport the animal. The officer shall deposit these items in a safe place for custody. Any necessary expense incurred for taking charge of and sustaining the same shall be a lien thereon, to be paid before the same can lawfully be recovered; or the expenses, or any part thereof, remaining unpaid may be recovered by the person incurring the same of the owners of the animal in an action therefor.
- (e) In addition to the penalty imposed in subsection (g), the court making the sentencing determination for a person convicted under this section shall order the person convicted to surrender custody and forfeit the animal or animals whose treatment was the basis of the conviction. Custody shall be given to a humane society incorporated under the laws of this state. The court may prohibit the person convicted from having custody of other animals for any period of time the court determines to be reasonable, or impose any other reasonable restrictions on the person's custody of animals as necessary for the protection of the animals.
- (f)
- (1) Nothing in this section shall be construed as prohibiting the owner of a farm animal or someone acting with the consent of the owner of that animal from engaging in usual and customary practices which are accepted by colleges of agriculture or veterinary medicine with respect to that animal.
- (2) It is an offense for a person other than a law enforcement officer acting with probable cause to knowingly interfere with the performance of any agricultural practices permitted by subdivision (f)(1).
- (3) An offense under subdivision (f)(2) is a Class B misdemeanor.
- (g)
- (1) Cruelty to animals is a Class A misdemeanor.
- (2) A second or subsequent conviction for cruelty to animals is a Class E felony.
- (3) Violation of any prohibition or restriction imposed by the sentencing court pursuant to subsection (e) is a Class A misdemeanor.
History (8)
- Acts 1989, ch. 591, § 1
- 1991, ch. 223, § 1
- 1992, ch. 840, § 1
- 1997, ch. 90, § 4
- 2004, ch. 940, § 6
- 2007, ch. 535, § 1
- 2010, ch. 816, § 1
- 2023, ch. 335, § 1.
§ 39-14-203. Cock and animal fighting — Cock fighting paraphernalia. - (a) It is unlawful for any person to:
- (1) Own, possess, keep, use or train any bull, bear, dog, cock, swine or other animal, for the purpose of fighting, baiting or injuring another such animal, for amusement, sport or gain;
- (2) Cause, for amusement, sport or gain, any animal referenced in subdivision (a)(1) to fight, bait or injure another animal, or each other;
- (3) Permit any acts stated in subdivisions (a)(1) and (2) to be done on any premises under the person's charge or control, or aid or abet those acts;
- (4) Be knowingly present, as a spectator, at any place or building where preparations are being made for an exhibition for the fighting, baiting or injuring of any animal, with the intent to be present at the exhibition, fighting, baiting or injuring;
- (5) Knowingly cause a person under eighteen (18) years of age to attend an animal fight; or
- (6) Possess, own, buy, sell, transfer, or manufacture cock fighting paraphernalia with the intent that the paraphernalia be used in promoting, facilitating, training for, or furthering cock fighting.
- (b) It is the legislative intent that this section shall not apply to the training or use of hunting dogs for sport or to the training or use of dogs for law enforcement purposes.
- (c)
- (1) Except for any offense involving a cock, an offense under subdivisions (a)(1)-(3) is a Class E felony. Notwithstanding § 40-35-111, in addition to any other penalty imposed, the court shall prohibit the defendant from having custody of any companion animal, as defined in § 39-14-212(b), for a period of at least two (2) years from the date of conviction and may impose a lifetime prohibition. The court shall prohibit any person convicted of a second or subsequent offense under this subdivision (c)(1) from having custody of any companion animal for the person's lifetime.
- (2) An offense involving a cock under subdivisions (a)(1)-(3) is a Class A misdemeanor.
- (d)
- (1) A violation of subdivision (a)(4) or (a)(6) is a Class A misdemeanor.
- (2) A violation of subdivision (a)(5) is a Class A misdemeanor. Notwithstanding § 40-35-111(e)(1), the fine for a violation of subdivision (a)(5) shall be not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500).
- (e) It is not an offense to own, possess or keep cocks, or aid or abet the ownership, possession or keeping of cocks, for the sole purpose of selling or transporting cocks to a location in which possession or keeping of cocks is legal, as long as it does not violate any other part of this section or federal law.
- (f)
- (1) For purposes of this section, “cock fighting paraphernalia” means gaffs, slashers, heels, or any other sharp implement designed to be attached in place of the natural spur of a cock or game fowl.
- (2) In determining whether a particular object is cock fighting paraphernalia, the court or other authority making that determination may, in addition to all other logically relevant factors, consider the following:
- (A) Statements by the owner or anyone in control of the object concerning its use;
- (B) Prior convictions, if any, of the owner or of anyone in control of the object for violation of any state or federal law relating to cock fighting or any other violation of this part;
- (C) The presence and condition of any animal on the same property;
- (D) Instructions, oral or written, provided with the object concerning its use;
- (E) Descriptive materials accompanying the object that explain or depict its use;
- (F) The manner in which the object is displayed for sale;
- (G) The existence and scope of legitimate uses for the object in the community; and
- (H) Expert testimony concerning its use.
History (7)
- Acts 1989, ch. 591, § 1
- 1990, ch. 625, §§ 1, 2
- 2007, ch. 216, § 1
- 2007, ch. 555, § 1
- 2015, ch. 406, §§ 1-3
- 2019, ch. 164, §§ 1-3
- 2020, ch. 570, § 1.
§ 39-14-204. Dyed baby fowl and rabbits. - (a)
- (1) It is unlawful for any person to:
- (A) Sell, offer for sale, barter or give away baby chickens, ducklings or goslings of any age, or rabbits under two (2) months of age, as pets, toys, premiums or novelties, if those fowl or rabbits have been colored, dyed, stained or otherwise had their natural color changed; or
- (B) Bring or transport such fowl or rabbits into the state for the purposes mentioned in subdivision (a)(1)(A).
- (2) This section shall not be construed to prohibit the sale or display of baby chickens, ducklings, or other fowl or rabbits in proper facilities by breeders or stores engaged in the business of selling for purposes of commercial breeding and raising or laboratory testing.
- (3) Each baby chicken, duckling, other fowl or rabbit sold, offered for sale, bartered or given away in violation of this section constitutes a separate offense.
- (b) A violation of this section is a Class C misdemeanor.
§ 39-14-205. Knowing killing of animal. - (a)
- (1) It is an offense to knowingly and unlawfully kill the animal of another without the owner's effective consent.
- (2) A violation of subdivision (a)(1) is theft of property, graded according to the value of the animal, and punished in accordance with § 39-14-105.
- (b) A person is justified in killing the animal of another if the person acted under a reasonable belief that the animal was creating an imminent danger of death or serious bodily injury to that person or another or an imminent danger of death to an animal owned by or in the control of that person. A person is not justified in killing the animal of another if, at the time of the killing, the person is trespassing upon the property of the owner of the animal.
History (7)
- Acts 1989, ch. 591, § 1
- 1996, ch. 927, §§ 1, 2
- 2004, ch. 957, § 1
- 2007, ch. 466, § 1
- 2008, ch. 1172, § 1
- 2015, ch. 409, § 1
- 2022, ch. 1106, § 3.
§ 39-14-206. Taking fish caught by another. - (a) It is unlawful for any person to take fish out of the box, net, basket or off the hook of another person, or to raise any box, net, basket, or trot-line, without the consent of the owner of the device, unless the fish is taken by an officer to be used as evidence in the prosecution of a violation of the game and fish laws.
- (b) Any violation of this section is a Class C misdemeanor.
§ 39-14-207. Feeding of impounded animals — Care provided by humane society — Recovery of expenses. - (a)
- (1) In case any impounded animal is without necessary food and water for more than twelve (12) successive hours, it is lawful for any person, as often as necessary, to enter any place in which any animal is so confined, and to supply it with necessary food and water so long as it remains so confined. Prior to entering, the person must notify the appropriate local law enforcement agency of the person's intent to enter and the circumstances justifying the entry. That person shall not be liable to any action for entry, and the reasonable cost of the food and water may be collected from the owner or keeper of the animal. The animal shall not be exempt from levy and sale upon execution issued upon a judgment therefor.
- (2) Notwithstanding subdivision (a)(1), an official, employee, or agent of the department of agriculture or any other state or local department or agency shall not enter private property without probable cause to believe that a criminal offense has occurred or is occurring. This subdivision (a)(2) does not limit the ability to enter private property pursuant to the consent of the property owner, a warrant, or a recognized warrant exception.
- (b) In case any animal is injured, diseased, suffering from the elements, or malnourished, and is found at large by any agent of any humane society chartered by the state, the agent may cause adequate veterinary treatment or shelter or nourishment to be furnished to the animal. The society shall have a right of action against the owner of the animal for all necessary and reasonable expenses so incurred. Within forty-eight (48) hours after taking custody of the animal, the society shall make reasonable efforts to notify the owner of the animal's whereabouts and condition. Nothing in this subsection (b) shall affect the right of action of the veterinarian or furnisher of goods or services against the person or persons with whom the veterinarian or furnisher of goods or services contracted for payment of charges. Any such right of action by a humane society may be voided by an owner who elects to forfeit the animal to the society rather than pay for the goods or services rendered.
History (2)
- Acts 1989, ch. 591, § 1
- 2024, ch. 704, §§ 1, 2.
§ 39-14-208. Actions deemed theft of guide dogs. - A person who intentionally or knowingly unlawfully injures the guide dog of another and, thereby, permanently deprives the owner of the use of the guide dog's services commits theft of that animal and shall be punished under § 39-14-105. In determining the value of the guide dog for purposes of § 39-14-105, the court shall consider the value of the guide dog as both the cost of the dog as well as the cost of any specialized training the guide dog received.
§ 39-14-209. Horse shows. - (a) It is the duty of any person designated and acting as a ringmaster of any horse show or similar event to disqualify any horse determined by the ringmaster to be suffering from the causes set out in § 39-14-202(a)(5) from further participation in the show, and to make a report of the same, including the name of the horse, the owner of the horse, and the exhibitor of the horse, to the manager or chair of the show, who in turn shall report the same in writing to the district attorney general of the judicial district wherein the incident occurred for appropriate action.
- (b) A violation of this duty is a Class C misdemeanor.
§ 39-14-210. Societies for prevention of cruelty to animals — Power of governmental agencies working with victimized animals. - (a) The agents of any society which is incorporated for the prevention of cruelty to animals, upon being appointed thereto by the president of such a society in any county, may, within that county, make arrests, and bring before any court thereof offenders found violating this part with regard to non-livestock animals.
- (b) Any officers, agents, or members of such society may lawfully interfere to prevent the perpetration of any act of cruelty upon any animal in that person's presence. Any person who interferes with or obstructs any officer, agent, or member in the discharge of this duty commits a Class C misdemeanor.
- (c) Any agent or officer of a society may lawfully destroy, or cause to be destroyed, any animal found abandoned or otherwise:
- (1) Which is not properly cared for, appearing, in the judgment of two (2) reputable citizens, who are experts, called to view the same in the agent's or officer's presence, to be glandered, injured or diseased past humane recovery; or
- (2) After a holding period of not less than seventy-two (72) hours and after having made a reasonable effort to locate and notify the owners, for the purpose of animal population control. If the animal bears any notification information on an identification tag or collar, or on a chip, if the agent or officer of the society has the use of a chip reader, the reasonable effort to locate and notify the animal's owners must be made within forty-eight (48) hours of the time that the society takes custody of the animal or, if the animal is taken into custody on a Friday, within two (2) business days of the date that the society takes custody of the animal.
- (d) All fines, penalties and forfeitures imposed and collected in any county, under provisions relating to or in any way affecting animals, shall inure to the society in aid of the purpose for which it was incorporated, and no injunction shall be granted against the society or attorney or its officers or agents, except upon motion, after due notice and hearing.
- (e) Any humane society chartered by the state, into whose custody shall lawfully come any animal, shall have a lien on that animal for the reasonable value of the goods and services necessarily rendered by, or at the instance of, the society to that animal.
- (f) Upon seizure by law enforcement, custody of any animal victimized under this part shall be placed with any governmental animal control agency, law enforcement agency, or their designee. The governmental animal control agency, law enforcement agency, or their designee shall assist the animal and preserve evidence for prosecution.
- (g)
- (1)
- (A) Any governmental animal control agency, law enforcement agency, or their designee into whose custody any animal victimized under this part is placed, may petition the court requesting that the person from whom the animal is seized, or the owner of the seized animal, be ordered to post security.
- (B) The security shall be in an amount sufficient to secure payment of all reasonable expenses expected to be incurred by the governmental animal control agency, law enforcement agency, or their designee in caring and providing for the animal pending disposition of the criminal charges.
- (C) Reasonable expenses include, but are not necessarily limited to, the estimated costs of veterinary care and treatment for the animal as well as the estimated costs of boarding and otherwise caring for the animal.
- (D) The amount of security shall be determined by the court after taking into consideration all of the facts and circumstances of the case. If the posting of security is ordered pursuant to this subsection (g), then the governmental animal control agency, law enforcement agency, or their designee may draw from the security the actual costs incurred in caring and providing for the seized animal pending disposition of criminal charges.
- (2) If the person from whom the animal is seized is the owner of the animal and the person has not posted the security ordered pursuant to subdivision (g)(1) within ten (10) business days following the issuance of a security order, the animal shall be deemed to have been abandoned and shall be forfeited to the governmental animal control agency, law enforcement agency, or their designee for disposition in accordance with reasonable practices for the humane treatment of animals. However, if the person from whom the animal was seized is not the owner of the animal and the person has not posted the court-ordered security within fifteen (15) days, the court shall order the governmental animal control agency, law enforcement agency, or their designee to make all reasonable efforts to determine who the owner of the animal is and to notify the owner of the pending proceeding.
- (3) No animal shall be deemed to have been abandoned and forfeited to the governmental animal control agency, law enforcement agency, or their designee until reasonable attempts to determine and notify the owner have been made. If the owner of the animal cannot be located after reasonable efforts or the owner is located and notified but does not post, within ten (10) business days, the court-ordered security plus the costs reasonably incurred by the governmental animal control agency, law enforcement agency, or their designee for housing and caring for the animal since its seizure, the animal shall be deemed to have been abandoned and shall be forfeited to the governmental animal control agency, law enforcement agency, or their designee for disposition in accordance with reasonable practices for the humane treatment of animals.
- (4) Nothing in this subsection (g) shall be construed to prevent the voluntary, permanent relinquishment of any animal by its owner to a governmental animal control agency, law enforcement agency, or their designee in lieu of posting security. The voluntary relinquishment has no effect on the outcome of the criminal charges.
- (h) Prior to making an arrest pursuant to subsection (a) or interfering pursuant to subsection (b), an officer, agent, or member of a society which is incorporated for the prevention of cruelty to animals must notify the appropriate local law enforcement agency of the person's intent to make an arrest or interfere to prevent an act of cruelty and the circumstances justifying the action.
History (7)
- Acts 1989, ch. 591, § 1
- 1997, ch. 90, § 1
- 2004, ch. 920, § 2
- 2007, ch. 128, §§ 1, 2
- 2013, ch. 157, § 1
- 2017, ch. 206, § 1
- 2024, ch. 704, § 3.
§ 39-14-211. Examination of livestock by commissioner of agriculture or other persons. - (a) No entry onto the property of another, arrest, interference with usual and customary agricultural or veterinary practices, confiscation, or any other action authorized by this part or any other law shall be taken in response to an allegation that this part has been violated with regard to livestock unless, prior to or at the time of such action:
- (1) The livestock in question has been examined by:
- (A) The commissioner of agriculture or the commissioner's duly authorized agent trained to conduct livestock cruelty examinations;
- (B) A graduate of an accredited college of veterinary medicine specializing in livestock practice; or
- (C) A graduate of an accredited college of agriculture with a specialty in livestock; and
- (2) Upon examination of the livestock, the commissioner, commissioner's agent, or graduate has probable cause to believe that a violation of this part has occurred with regard to the livestock.
- (b) If a person authorized by this section to make a probable cause examination of livestock does not examine the livestock within twenty-four (24) hours of receiving the allegation, a licensed veterinarian may make the inspection, and the veterinarian's findings shall be afforded the same presumption and effect as an examination conducted by a person authorized pursuant to subsection (a).
History (2)
- Acts 1997, ch. 90, § 3
- 2016, ch. 740, § 1.
§ 39-14-212. Aggravated cruelty to animals — Definitions — Construction — Penalty. - (a) A person commits aggravated cruelty to animals when, with no justifiable purpose, the person intentionally or knowingly:
- (1) Kills, maims, tortures, crushes, burns, drowns, suffocates, mutilates, starves, or otherwise causes serious physical injury, a substantial risk of death, or death to a companion animal; or
- (2) Fails to provide food or water to the companion animal resulting in a substantial risk of death or death.
- (b) For purposes of this section:
- (1) [Deleted by 2021 amendment.]
- (2) “Companion animal” means any non-livestock animal as defined in § 39-14-201;
- (3) “Elderly” means any person sixty-five (65) years of age or older; and
- (4) “Minor” means any person under eighteen (18) years of age.
- (c) Subsection (a) is not to be construed to prohibit or interfere with the following endeavors:
- (1) Dispatching an animal in any manner absent of aggravated cruelty;
- (2) Engaging in lawful hunting, trapping, or fishing activities, including activities commonly associated with the hunting of small game as defined in § 70-1-101(a);
- (3) Dispatching rabid or diseased animals;
- (4) Dispatching animals posing a clear and immediate threat to human safety;
- (5) Performing or conducting bona fide scientific tests, experiments or investigations within or for a bona fide research laboratory, facility or institution;
- (6) Performing accepted veterinary medical practices or treatments;
- (7) Dispatching animals in accordance with § 44-17-403(e);
- (8) Engaging, with the consent of the owner of a farm animal, in usual and customary practices which are accepted by colleges of agriculture or veterinary medicine with respect to that animal;
- (9) Dispatching wild or abandoned animals on a farm or residential real property; or
- (10) Applying methods and equipment used to train animals.
- (d) Aggravated cruelty to animals is a Class E felony.
- (e) In addition to the penalty imposed by subsection (d), the sentencing court shall order the defendant to surrender custody and forfeit all companion animals as defined in subdivision (b)(2), and may award custody of the animals to the agency presenting the case. Notwithstanding § 40-35-111, the court shall prohibit the defendant from having custody of companion animals for at least two (2) years from the date of conviction and may impose a lifetime prohibition. The court may also impose any other reasonable restrictions on the person's custody of other animals as is necessary for the protection of the animals. The court shall prohibit any person convicted of a second or subsequent offense under this section from having custody of any companion animal for the person's lifetime.
- (f) In addition to the penalty imposed by subsection (d), the court may require the defendant to undergo psychological evaluation and counseling, the cost to be borne by the defendant. If the defendant is indigent, the court may, where practicable, direct the defendant to locate and enroll in a counseling or treatment program with an appropriate agency.
- (g) If a defendant convicted of a violation of this section resides in a household with minor children or elderly individuals, the court may, within fifteen (15) days, send notification of the conviction to the appropriate protective agencies.
- (h) In addition to the penalty imposed by subsection (d), the defendant may be held liable to the impounding officer or agency for all costs of impoundment from the time of seizure to the time of proper disposition of the case.
- (i)
- (1) In addition to the penalty imposed by subsection (d), the defendant may be held liable to the owner of the animal for damages.
- (2) If an unlawful act resulted in the death or permanent disability of a person's guide dog, then the value of the guide dog shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received.
- (j)
- (1) If a juvenile is found to be within the court's jurisdiction, for conduct that, if committed by an adult, would be a criminal violation involving cruelty to animals or would be a criminal violation involving arson, then the court may order that the juvenile be evaluated to determine the need for psychiatric or psychological treatment. If the court determines that psychiatric or psychological treatment is appropriate for that juvenile, then the court may order that treatment.
- (2)
- (A) Notwithstanding subdivision (j)(1), if a child is adjudicated delinquent for conduct involving the intentional torturing, mutilating, maiming, burning, starving to death, crushing, disfiguring, drowning, suffocating, or impaling of a domesticated dog or cat, then the court shall order that the child adjudicated delinquent receive a psychiatric or psychological evaluation and any recommended counseling and treatment.
- (B) The court shall order that the cost of any evaluation, counseling, and treatment required under subdivision (j)(2)(A) be paid in accordance with § 37-1-150.
- (C) If the court finds a parent or guardian to be in contempt of court for failure to comply with a court order issued under this subdivision (j)(2), then the court is authorized to punish the parent or guardian pursuant to § 37-1-158.
- (k) This section does not preclude the court from entering any other order of disposition allowed under this chapter.
- (l) This section is not to be construed to change, modify, or amend any provision of title 70, involving fish and wildlife.
- (m) This section does not apply to activities or conduct that are prohibited by § 39-14-203.
- (n) This section does not apply to equine animals or to animals defined as livestock by § 39-14-201.
History (7)
- Acts 2002, ch. 858, §§ 1, 2
- 2004, ch. 920, § 1
- 2004, ch. 940, § 5
- 2004, ch. 957, § 4
- 2020, ch. 570, § 2
- 2021, ch. 580, §§ 1, 2
- 2023, ch. 334, § 1.
§ 39-14-213. Removal of transmitting collars or microchip implants from dogs. - (a) A person who removes from a dog an electronic or radio transmitting collar or microchip implant without the permission of the owner of the dog and with the intent to prevent or hinder the owner from locating the dog commits a Class B misdemeanor, punishable by fine only; provided, however, that, if the dog wearing an electronic or radio transmitting collar or microchip implant is lost or killed as the proximate result of the removal of the collar or implant, the person commits a Class A misdemeanor, punishable by fine only.
- (b) Upon conviction for a violation of this section, the court shall order that the violator pay as restitution to the owner the actual value of a dog lost or killed as a result of the removal of an electronic or radio transmitting collar or microchip implant from the dog by the violator. The court may also order the violator to pay as restitution to the owner any breeding revenues forfeited due to the loss or death of a dog.
§ 39-14-214. Criminal offenses against animals. - (a) A person commits an offense who knowingly:
- (1) Engages in any sexual activity with an animal;
- (2) Causes, aids, or abets another person to engage in any sexual activity with an animal;
- (3) Permits any sexual activity with an animal to be conducted on any premises under the person's charge or control;
- (4) Engages in, organizes, promotes, conducts, advertises, aids, abets, participates in as an observer, or performs any service in the furtherance of an act involving any sexual activity with an animal for a commercial or recreational purpose; or
- (5) Photographs or films, for purposes of sexual gratification, a person engaged in a sexual activity with an animal.
- (b) A violation of this section is a Class E felony.
- (c) In addition to the penalty imposed in subsection (b):
- (1) The court may order that the convicted person do any of the following:
- (A) Not harbor or own animals or reside in any household where animals are present;
- (B) Participate in appropriate counseling at the defendant's expense; or
- (C) Reimburse the animal shelter or humane society for any reasonable costs incurred for the care and maintenance of any animals taken to the animal shelter or humane society as a result of conduct proscribed in subsection (a); and
- (2) Notwithstanding § 40-35-111, the court shall prohibit the convicted person from having custody of any companion animal, as defined in § 39-14-212(b), for a period of at least two (2) years from the date of conviction and may impose a lifetime prohibition. The court shall prohibit any person convicted of a second or subsequent offense under this section from having custody of any companion animal for the person's lifetime.
- (d) Nothing in this section may be considered to prohibit accepted animal husbandry practices or accepted veterinary medical practices.
- (e) If the court has reasonable grounds to believe that a violation of this section has occurred, the court may order the seizure of all animals involved in the alleged violation as a condition of bond of a person charged with a violation.
- (f) For purposes of this section:
- (1) “Animal” has the same meaning as the term is defined in § 63-12-103;
- (2) “Photographs” or “films” means the making of a photograph, motion picture film, videotape, digital image, or any other recording, sale, or transmission of the image; and
- (3) “Sexual activity” means physical sexual contact between the person and the animal.
History (2)
- Acts 2007, ch. 510, § 1
- 2020, ch. 570, § 3.
§ 39-14-215. Limitation of liability. - (a) For purposes of this section:
- (1) “Animal control agency” means a county or municipal animal shelter, dog pound, or animal control agency, private humane society, state, county or municipal law enforcement agency, or any combination thereof, that temporarily houses stray, unwanted or injured animals;
- (2) “Emergency” means a natural disaster, including earthquake, fire, flood, or storm; a hazardous chemical or substance incident; a vehicular collision with an animal, or other transportation accident where an animal is injured or in need of assistance to protect its health or life;
- (3) “Emergency care” means medical and other health treatment, services, or accommodations that are provided to an injured or ill animal for a medical condition or injury of such a nature that the failure to render immediate care would reasonably likely result in the deterioration of a sick or injured animal's condition or in the animal's death;
- (4) “Livestock” means all equine as well as animals which are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry;
- (5) “Non-livestock animal” means a pet normally maintained in or near the household or households of its owner or owners, other domesticated animal, previously captured wildlife, an exotic animal, or any other pet, including, but not limited to, pet rabbits, a pet chick, duck, or pot-bellied pig that is not classified as “livestock” pursuant to this part;
- (6) “Running at large” means that a non-livestock animal goes uncontrolled by the animal's owner upon the premises of another without the consent of the owner of the premises, or other person authorized to give consent, or goes uncontrolled by the owner upon a highway, public road, street, or any other place open to the public generally; and
- (7) “Stray animal” means that a non-livestock animal is roaming with no physical restraint without an identification tag, collar, or chip and that has no record of ownership.
- (b)
- (1) Any person who in good faith and without compensation for services provides, renders, or obtains emergency care for a non-livestock animal that is running at large, abandoned, injured or in distress due to an emergency, or for a stray non-livestock animal, shall not be subject to civil liability for any injuries or harm to such animal resulting from the rendering or obtaining of emergency care, or any act or failure to act to provide or arrange for further emergency care for such animal, if such person's actions do not constitute malice, gross negligence, or criminal misconduct.
- (2)
- (A) If a person fails to take reasonable steps to locate the owner of such animal prior to rendering or obtaining emergency care, then subdivision (b)(1) shall not apply.
- (B) Taking reasonable steps to locate the owner of such animal includes:
- (i) Attempting to contact the owner using any notification information located on the animal's identification tag, collar, or chip within forty-eight (48) hours of the time that the person takes custody of the animal or, if the animal is taken into custody on a Friday, within two (2) business days of the date that the person takes custody of the animal; and
- (ii)
- (a) Providing notice to an appropriate animal shelter, dog pound, animal control agency or humane shelter operated by the municipality, county, or other governmental agency located where the person resides that the animal is in the custody of the person. The person shall also notify an appropriate shelter in the location where the person took custody of the animal, if the location is outside of the municipality or county where the person resides.
- (b) The person shall give to the shelter or shelters such person's contact information.
- (C) This subdivision (b)(2) shall not apply if the animal is determined by a licensed veterinarian to:
- (i) Need immediate emergency care to alleviate pain or save the life of the animal; or
- (ii) Exhibit visible signs of recent abuse as described in § 39-14-202.
- (c) Notwithstanding § 63-12-142, a licensed veterinarian, or ancillary veterinary personnel employed by and working under the direct supervision of a licensed veterinarian, who, in good faith, at the request of someone other than the owner renders:
- (1) Emergency care to an ill or injured non-livestock animal is not liable to the owner of the animal for any civil damages arising from the treatment provided to the animal except in cases of malice, gross negligence, or criminal misconduct; or
- (2) Treatment other than emergency care to a non-livestock animal is not liable to the owner of the animal for any civil damages arising from the treatment provided to the animal except in cases of malice, gross negligence, or criminal misconduct, only if the person requesting the treatment certifies in writing to the veterinarian, or ancillary veterinary personnel, that such person has taken reasonable steps to locate the owner as provided in subdivision (b)(2).
- (d) An animal control agency or an employee of an animal control agency acting within the scope of such employment, who, in good faith, takes into its custody and cares for a stray or abandoned non-livestock animal, or a non-livestock animal running at large for which reasonable steps to locate the owner of such animal are taken, that has been delivered to such agency or employee by an individual or group of individuals not affiliated with the agency, shall not be subject to civil liability for its care of such animal if the agency or employee's actions do not constitute malice, gross negligence or criminal misconduct.
- (e) Except as provided in subsection (c), this section shall not in any way limit the application of, or supersede, § 44-17-203, § 44-17-403(e) or § 63-12-142.
History (2)
- Acts 2010, ch. 775, § 1
- 2017, ch. 206, § 2.
§ 39-14-216. Service animals. - (a)
- (1) As used in this section, “service animal” means:
- (A) Any animal that is individually trained, or being trained by an employee or puppy raiser from a recognized training agency or school to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability; and
- (B) Any police dog, fire dog, search and rescue dog, or police horse.
- (2) Other species of animals not specified in this subsection (a), whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition.
- (3) For purposes of a service animal as defined under subdivision (a)(1)(A), the work or tasks performed by the service animal must be directly related to the handler’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of the animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of subdivision (a)(1)(A).
- (b) It is an offense to knowingly:
- (1) Maim or otherwise inflict harm upon a service animal;
- (2) Attempt to maim or otherwise inflict harm upon a service animal; or
- (3) Permit an animal that the person owns or is in the immediate control of to maim or otherwise inflict harm upon a service animal.
- (c) It is an offense to recklessly maim or otherwise inflict harm upon a service animal or permit an animal that the person owns or is in the immediate control of to maim or otherwise inflict harm upon a service animal.
- (d) It is an offense to knowingly interfere with a service animal in the performance of its duties, or permit an animal that the person owns or is in control of to interfere with a service animal in the performance of its duties.
- (e)
- (1) A violation of subsection (b) or (c) is a Class A misdemeanor.
- (2) A violation of subsection (d) is a Class C misdemeanor.
- (f)
- (1) In addition to any other penalty provided by this section, a person convicted of a violation of subsection (b), (c) or (d) shall be ordered by the court to make full restitution for all damages that arise out of or are related to the offense, including incidental and consequential damages incurred by the service animal's handler or the recognized training agency or school.
- (2) “Restitution,” for purposes of this section, includes:
- (A) The value of the service animal if the animal is disabled or can no longer perform service animal duties;
- (B) Replacement and training or retraining expenses of the service animal or handler if necessary to restore the animal to service animal capabilities;
- (C) Veterinary and other medical and boarding expenses for the service animal;
- (D) Medical expenses for the handler; and
- (E) Lost wages or income incurred by the handler during any period that the handler is without the services of the service animal.
- (g) If the violation of this section involves a guide dog and the offense results in injury to the dog that permanently deprives the owner of the use of the guide dog's services, nothing in this section shall preclude prosecution and conviction for such conduct under § 39-14-208.
§ 39-14-217. Aggravated cruelty to livestock animals. - (a) As used in this section only, “livestock” means all equine as well as animals which are being raised primarily for use as food or fiber for human utilization or consumption, including, but not limited to, cattle, sheep, swine, and goats.
- (b) Except as provided in subsections (d) and (e), a person commits aggravated cruelty to a livestock animal who, in a depraved and sadistic manner, intentionally engages in any of the conduct described in subdivisions (c)(1)-(12), the conduct results in serious bodily injury to the animal or the death of the animal, and is without justifiable or lawful purpose.
- (c) The following conduct constitutes aggravated cruelty to livestock animals if accomplished in the manner described in subsection (b):
- (1) Setting an animal on fire;
- (2) Burning an animal with any hot object;
- (3) Cutting or stabbing an animal with any object;
- (4) Causing blunt force trauma to an animal;
- (5) Securing an animal to a vehicle and dragging it;
- (6) Blinding an animal;
- (7) Applying acid or other caustic substance or chemical to any exposed area of an animal or forcing the animal to ingest the substance;
- (8) Hanging a living animal;
- (9) Skinning an animal while it is still alive;
- (10) Administering electric shock to an animal;
- (11) Drowning an animal; or
- (12) Shooting an animal with a weapon.
- (d) Subsections (b) and (c) shall not be construed to apply to, prohibit or interfere with the following:
- (1) Any provision of title 70, involving fish and wildlife, or any hunting, trapping, or fishing activities lawful under such title;
- (2) Activities or conduct that are prohibited by § 39-14-203; or
- (3) Dispatching an animal in any manner not prohibited by this section.
- (e) The following shall not be construed as aggravated cruelty to a livestock animal as defined in this section:
- (1) Dispatching rabid, diseased, sick or injured livestock animals;
- (2) Dispatching livestock animals posing a clear and immediate threat to human safety;
- (3) Performing or conducting bona fide scientific tests, experiments or investigations within or for a bona fide research laboratory, facility or institution;
- (4) Performing accepted veterinary medical practices or treatments;
- (5) Engaging, with the consent of the owner of a livestock animal, in usual and customary practices which are accepted by colleges of agriculture or veterinary medicine with respect to that animal;
- (6) Dispatching wild or abandoned livestock animals on a farm or residential real property; or
- (7) Applying methods and equipment used to train livestock animals.
- (f) In addition to the penalty imposed by subsection (j), the defendant may be held liable to:
- (1) The owner of the livestock animal for damages; and
- (2) The impounding officer or agency for all costs of impoundment from the time of seizure to the time of proper disposition of the case.
- (g) In addition to the penalty imposed by subsection (j), the sentencing court may order the defendant to surrender custody and forfeit all livestock animals, and may award custody of the animals to the agency presenting the case. The court may prohibit the defendant from having custody of other livestock animals for any period of time the court determines to be reasonable, or impose any other reasonable restrictions on the person's custody of livestock animals as is necessary for the protection of the animals.
- (h) In addition to the penalty imposed by subsection (j), the court may require the defendant to undergo psychological evaluation and counseling, the cost to be borne by the defendant. If the defendant is indigent, the court may, where practicable, direct the defendant to locate and enroll in a counseling or treatment program with an appropriate agency.
- (i) This section does not preclude the court from entering any other order of disposition allowed under this chapter.
- (j) Aggravated cruelty to a livestock animal is a Class E felony.
History (1)
- Acts 2012, ch. 1084, § 1.
§ 39-14-218. “Cremation” for animals defined — Receipt. - (a) As used in this section, “cremation” means the heating process by which the remains of a deceased animal are reduced to bone fragments through combustion and evaporation; provided, however, that “cremation” does not include any reduction of animal remains to bone fragments that is incidental to the preparation of food or any manufacturing process.
- (b) No person who, for remuneration, engages in the cremation of animal remains in this state, shall fail to ensure that a written receipt is provided to each person who delivers animal remains to such person for cremation. The receipt shall be signed by both the person who receives the animal remains and the person who delivered the animal remains for cremation and shall indicate:
- (1) The name of the deceased animal, if any;
- (2) The date and time of delivery;
- (3) The name of the person who delivered the animal remains for cremation; and
- (4) The name of the person who received the animal remains for cremation from the person identified in subdivision (b)(3).
- (c) At the time of releasing the cremated remains of an animal, a person who, for remuneration, engages in the cremation of animal remains in this state shall ensure that a written receipt signed by both the person who released the cremated animal remains and the person who received the cremated animal remains is provided to the person who received the cremated animal remains. The receipt shall indicate:
- (1) The name of the deceased animal, if any;
- (2) The date and time of the release;
- (3) The name of the person to whom the cremated animal remains were released; and
- (4) The name of the person who released the cremated animal remains to the person identified in subdivision (c)(3).
- (d) The requirements of this section shall not apply to veterinarians licensed to practice in this state in accordance with the Tennessee Veterinary Practice Act, compiled in title 63, chapter 12.
- (e) Failure to provide a receipt as required by subsection (b) or (c) is a Class E felony. In addition to any authorized period of incarceration, failure to provide a receipt as required by subsection (b) or (c) is punishable by a fine in the amount of no less than five hundred dollars ($500).
History (1)
- Acts 2014, ch. 1002, § 1.
§ 39-14-219. Knowing killing or injuring of police dog, fire dog, search and rescue dog, service animal, or police horse. - (a) It is an offense to knowingly and unlawfully cause serious bodily injury to or kill a police dog, fire dog, search and rescue dog, service animal, or police horse without the owner's effective consent.
- (b)
- (1) An offense under subsection (a) is a Class D felony.
- (2) If conduct that is in violation of this section is also a violation of § 39-14-205 or any other criminal offense, the offense may be prosecuted under any of the applicable statutes.
- (c) A person is justified in killing or injuring the animal of another if the person acted under a reasonable belief that the animal was creating an imminent danger of death or serious bodily injury to that person or another or an imminent danger of death to an animal owned by or in the control of that person. A person is not justified in killing or injuring the animal of another if, at the time of the killing, the person is trespassing upon the property of the owner of the animal. The justification for killing or injuring the animal of another authorized by this subsection (c) does not apply to a person who, while engaging in or attempting to escape from criminal conduct, kills or injures a police dog that is acting in its official capacity. In that case, subsection (a) applies to the person.
History (1)
- Acts 2022, ch. 1106, § 2.
Part 3 Arson — Explosives § 39-14-301. Arson. - (a) A person commits an offense who knowingly damages any structure or farm equipment by means of a fire or explosion:
- (1) Without the consent of all persons who have a possessory, proprietary or security interest therein; or
- (2) With intent to destroy or damage any structure to collect insurance for the damage or destruction or for any unlawful purpose.
- (b)
- (1) Arson is a Class C felony.
- (2) Arson of a place of worship is a Class B felony.
- (c) As used in this section:
- (1) “Farm equipment” means any farm tractor as defined in § 55-1-104(a), farm implement designed to be operated with a farm tractor, and motorized farm machinery used in the commercial production of farm products or nursery stock; and
- (2) “Place of worship” means any structure that is:
- (A) Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to § 67-5-212, based on ownership and use of the structure by a religious institution; and
- (B) Utilized on a regular basis by such religious institution as the site of congregational services, rites, or activities communally undertaken for the purpose of worship.
History (4)
- Acts 1989, ch. 591, § 1
- 1991, ch. 19, § 1
- 1997, ch. 284, § 1
- 2020, ch. 810, §§ 1, 2.
§ 39-14-302. Aggravated arson. - (a) A person commits aggravated arson who commits arson as defined in § 39-14-301 or § 39-14-303:
- (1) When one (1) or more persons are present therein; or
- (2) When any person, including firefighters and law enforcement officials, suffers serious bodily injury as a result of the fire or explosion.
- (b) Aggravated arson is a Class A felony.
History (3)
- Acts 1989, ch. 591, § 1
- 1997, ch. 284, § 2
- 2005, ch. 353, § 15.
§ 39-14-303. Setting fire to personal property or land. - (a) A person commits arson who knowingly damages any personal property, land, or other property, except buildings or structures covered under § 39-14-301, by means of a fire or explosion:
- (1) Without the consent of all persons who have a possessory or proprietary interest therein; or
- (2) With intent to destroy or damage any such property for any unlawful purpose.
- (b) A violation of this section is a Class E felony.
§ 39-14-304. Reckless burning. - (a) A person commits reckless burning who:
- (1) Recklessly starts a fire on the land, building, structure or personal property of another;
- (2) Starts a fire on the person's own land, building, structure or personal property and recklessly allows the fire to escape and burn the property of another; or
- (3) Knowingly starts an open air or unconfined fire in violation of a burning ban as provided in § 39-14-306(b).
- (b) Reckless burning is a Class A misdemeanor.
History (3)
- Acts 1989, ch. 591, § 1
- 1991, ch. 46, § 1
- 2008, ch. 786, § 1.
§ 39-14-305. Leaving fire near woodland unattended. - (a) It is unlawful for any person who originates or uses an open fire to leave that fire unattended without totally extinguishing the same within one hundred fifty feet (150′) of forest or woodlands or within one hundred fifty feet (150′) of other inflammable material, the setting fire to which inflammable material would naturally and proximately result in the fire being conveyed to forest or woodlands.
- (b) A violation of this section is a Class B misdemeanor.
§ 39-14-306. Setting fires at certain times without permit. - (a)
- (1) It is unlawful for any person to start an open-air fire between October 15 and May 15, inclusive, within five hundred feet (500′) of any forest, grasslands or woodlands without first securing a permit from the state forester or the state forester's duly authorized representative. Depending upon the potential for hazardous burning conditions, the state forester may prescribe a period other than October 15 to May 15 within which a permit must be obtained prior to starting an open-air fire.
- (2) A violation of this subsection (a) is a Class C misdemeanor.
- (b)
- (1) In extreme fire hazard conditions, the commissioner of agriculture, in consultation with the state forester and the county mayors of impacted counties, may issue a burning ban prohibiting all open air fire in any area of the state.
- (2) A violation of this subsection (b) is reckless burning and punishable as a Class A misdemeanor as provided in § 39-14-304.
- (c) This section shall not apply to fires that may be set within the corporate limits of any incorporated town or city that has passed ordinances controlling the setting of fires.
History (4)
- Acts 1989, ch. 591, § 1
- 1991, ch. 46, § 2
- 1999, ch. 209, § 1
- 2008, ch. 786, § 2.
Part 5 Litter Control § 39-14-501. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Commercial purpose” means litter discarded by a business, corporation, association, partnership, sole proprietorship, or any other entity conducting business for economic gain, or by an employee or agent of the entity;
- (2) “Garbage” includes putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food;
- (3) “Litter” includes garbage, refuse, rubbish and all other waste material, including a tobacco product as defined in § 39-17-1503 and any other item primarily designed to hold or filter a tobacco product while the tobacco is being smoked;
- (4) “Refuse” includes all putrescible and nonputrescible solid waste;
- (5) “Rubbish” includes nonputrescible solid waste consisting of both combustible and noncombustible waste; and
- (6) “Tire” means the continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle and includes a waste tire as defined in § 68-211-802.
History (2)
- Acts 2007, ch. 595, § 1
- 2022, ch. 1105, § 1.
§ 39-14-502. Offense of littering. - (a) A person commits littering who:
- (1) Knowingly places, drops or throws litter on any public or private property without permission and does not immediately remove it;
- (2) Negligently places or throws glass or other dangerous substances on or adjacent to water to which the public has access for swimming or wading, or on or within fifty feet (50′) of a public highway; or
- (3) Negligently discharges sewage, minerals, oil products or litter into any public waters or lakes within this state.
- (b) Whenever litter is placed, dropped, or thrown from any motor vehicle, boat, airplane, or other conveyance in violation of this section, the trier of fact may, in its discretion and in consideration of the totality of the circumstances, infer that the operator of the conveyance has committed littering.
- (c) Whenever litter discovered on public or private property is found to contain any article or articles, including, but not limited to, letters, bills, publications, or other writings that display the name of a person in such a manner as to indicate that the article belongs or belonged to that person, the trier of fact may, in its discretion and in consideration of the totality of the circumstances, infer that the person has committed littering.
§ 39-14-503. Offense of mitigated criminal littering. - (a) Mitigated criminal littering is littering in an amount less than or equal to five pounds (5 lbs.) in weight or seven and one-half (7.5) cubic feet in volume.
- (b) Mitigated criminal littering is a Class B misdemeanor punishable by a fine of five hundred dollars ($500) and as provided in subsections (c) and (d).
- (c) A person charged with a violation of this section may, in lieu of appearance in court, submit the applicable five hundred dollar ($500) fine to the clerk of the court that has jurisdiction of the offense within the county in which the offense charged is alleged to have been committed. A person paying in this manner is not subject to subsection (d), and, in the discretion of the judge, may be excused from paying court costs for the offense.
- (d) In addition to the penalties established in this section, the court shall require a person convicted under this section to remove litter from the state or local highway system, public playgrounds, public parks or other appropriate public locations for not more than forty (40) hours. The court, in its discretion, may also require a person convicted under this section to work in a recycling center or other appropriate location for any stated period of time not to exceed eight (8) hours.
History (2)
- Acts 2007, ch. 595, § 1
- 2022, ch. 899, §§ 1, 2
§ 39-14-504. Offense of criminal littering. - (a) Criminal littering is littering in an amount more than five pounds (5 lbs.) in weight or seven and one-half (7.5) cubic feet in volume and less than or equal to ten pounds (10 lbs.) in weight or fifteen (15) cubic feet in volume.
- (b) Criminal littering is a Class B misdemeanor.
- (c) In addition to the penalties established in this section, the court shall require a person convicted under this section to remove litter from the state or local highway system, public playgrounds, public parks or other appropriate public locations for not more than eighty (80) hours. The court, in its discretion, may also require a person convicted under this section to work in a recycling center or other appropriate location for any stated period of time not to exceed eight (8) hours.
§ 39-14-505. Offense of aggravated criminal littering. - (a) Aggravated criminal littering is littering:
- (1) In an amount exceeding ten pounds (10 lbs.) in weight or fifteen (15) cubic feet in volume; or
- (2) In any amount for any commercial purpose, including knowingly placing, dropping, or throwing two (2) or more tires on any public or private property without permission and without immediately removing it.
- (b)
- (1) Except as provided in subdivision (b)(2), aggravated criminal littering is a Class A misdemeanor. If the amount of litter exceeds one hundred pounds (100 lbs.) in weight or thirty (30) cubic feet in volume, then the defendant is subject to imprisonment as provided by law or a fine of not less than two thousand five hundred dollars ($2,500), nor more than four thousand dollars ($4,000), or both.
- (2) Aggravated criminal littering is a Class E felony upon:
- (A) The third conviction in any amount exceeding ten pounds (10 lbs.) in weight or fifteen (15) cubic feet in volume;
- (B) The second conviction in any amount exceeding one thousand pounds (1,000 lbs.) in weight or two hundred (200) cubic feet in volume or in any amount for a commercial purpose; or
- (C) The first conviction involving more than eight (8) tires that were placed, dropped, or thrown for a commercial purpose.
- (c) In addition to the penalties established in this section, the court shall require a person convicted under subsection (a) to remove litter from the state or local highway system, public playgrounds, public parks or other appropriate public locations for not more than one hundred sixty (160) hours. The court, in its discretion, may also require a person convicted under this section to work in a recycling center or other appropriate location for any stated period of time not to exceed eight (8) hours.
History (3)
- Acts 2007, ch. 595, § 1
- 2014, ch. 797, § 1
- 2022, ch. 1105, § 2.
§ 39-14-506. Additional penalties. - In addition to the penalties established in this part, the court may, in its discretion, require a person convicted under this part to remove any substance listed under § 39-14-501 that was dropped, placed or discharged by the person and restore the property or waters damaged by the littering to its former condition at the person's expense.
§ 39-14-507. Motor vehicles transporting litter. - (a)
- (1) Any motor vehicle that transports litter or any material likely to fall or be blown off onto the highways, shall be required to have such material either in an enclosed space or fully covered by a tarpaulin.
- (2)
- (A) If the motor vehicle is a noncommercial, not-for-hire pickup truck, this subsection (a) shall be construed to be complied with if the material on the noncommercial, not-for-hire pickup truck is secured in such a way as to reasonably ensure it will not fall or be blown off the vehicle.
- (B) Notwithstanding subdivision (a)(2)(A), a noncommercial, not-for-hire vehicle is not in compliance with this subsection (a) if hard debris on the noncommercial, not-for-hire vehicle falls or blows off and comes into contact with another motor vehicle while the vehicle is being operated.
- (3) All other pickup trucks and other motor vehicles are required to comply with subdivision (a)(1).
- (4) Any motor vehicle having a gross weight of less than sixteen thousand pounds (16,000 lbs.) that is transporting litter to an energy recovery facility, as defined in § 68-211-501, shall be required to have the material in an enclosed space, unless it is a motor vehicle with a factory installed hydraulic lift system that lifts the entire bed of the truck.
- (5) This subsection (a) does not apply to motor vehicles transporting recovered materials to a convenience center or scrap dealer for recycling.
- (6) This section shall not apply to motor vehicles that transport crushed stone, fill dirt and rock, soil, bulk sand, coal, phosphate muck, asphalt, concrete, other building materials, forest products, unfinished lumber, agricultural lime and agricultural products, and that are loaded in compliance with the four inch (4″) requirement of § 55-7-109. This exemption shall not apply to any load if any law enforcement officer sees any part of the material blowing off the vehicle. This section shall also not apply to motor vehicles that transport farm produce going to market, or from field to field, or from field to storage.
- (b)
- (1) Except as provided in subdivision (b)(2), a violation of this section is a Class B misdemeanor. In addition to the penalties for a Class B misdemeanor, the court may impose any of the penalties set forth in § 39-14-503(d).
- (2) A violation of subdivision (a)(2)(B) is a Class C misdemeanor.
History (2)
- Acts 2007, ch. 595, § 1
- 2023, ch. 416, §§ 2, 3.
§ 39-14-508. County legislative resolutions for litter control — Regulations — Litter removal by property owners — Publication of resolution — Construction with other laws. - (a)
- (1) County legislative bodies may, by resolution, impose regulations for litter control, including the placing, dropping, throwing, collection and storage of garbage, litter, refuse and rubbish on public or private property. The definitions of commercial purposes, garbage, litter, refuse, and rubbish found in § 39-14-501 may be included by reference in the resolution. The county legislative body is authorized to include in the resolution that a violation occurs if a person:
- (A) Knowingly places, drops or throws litter on any public or private property without permission and does not immediately remove it; or
- (B) Negligently places or throws glass, litter or other dangerous substances on or adjacent to water to which the public has access for swimming or wading, or on or within fifty feet (50′) of a public highway.
- (2) The regulations in subdivision (a)(1) shall be at least as stringent as this part.
- (b)
- (1) The regulations promulgated in accordance with subsection (a) may grant authority for the county to require property owners to conform their property to the regulations by removal of garbage, litter, refuse or rubbish. The county shall send a statement to the owner itemizing the cost of the removal. If the owner fails to reimburse the county for the cost of the removal within sixty (60) days, the statement shall constitute a lien upon the property. The statement shall constitute a lien upon the property as of the date the notice is filed and shall have priority from the date of the filing of notice, but shall not affect, or have priority over, any valid lien, right, or interest in the property duly recorded, or duly perfected by filing, prior to the filing of the notice and shall not have priority over any real estate tax liens, whether attaching on the property before or after the filing of the notice.
- (2) If the property owner is aggrieved by the amount of the lien filed, the owner may submit the matter to the chancery court of the county in which the property is located to determine the appropriate amount of the lien. A decision of that court may be appealed according to the Tennessee Rules of Appellate Procedure.
- (3) The lien provided in this subsection (b) shall be entered in the records of the register of deeds of the county in which the property lies. The lien shall be satisfied to the extent of the value of the consideration received at the time of the transfer of ownership, and if the lien is not fully satisfied at the time of transfer, it shall remain a lien upon the property until it is fully satisfied.
- (c) Each resolution adopted in accordance with subsection (a), or the caption and a complete summary of the resolution, shall be published after its final passage in a newspaper of general circulation in the county. No such resolution shall take effect until the publication.
- (d) Any violation of the provisions of or regulations adopted pursuant to subsection (a) shall be punished by imposing a monetary penalty in accordance with § 5-1-121.
- (e) This section shall not be construed as applying to any activity regulated pursuant to title 68, chapters 211 or 212 or title 69, chapter 3.
§ 39-14-509. Enforcement. - All law enforcement agencies, officers, and officials of this state or any political subdivision of this state, or any enforcement agency, officer, or any official of any commission or authority of this state or any political subdivision of this state is authorized, empowered, and directed to enforce compliance with this part.
§ 39-14-510. Proceeds from fines — Rewards — Role of county mayor. - (a) All proceeds from the fines imposed by this part shall be deposited in the general fund of the county where the offense occurred and designated for county operating costs with preference given to litter prevention programs and education such as those conducted by Keep America Beautiful.
- (b) Any person who reports information to a law enforcement officer that leads to the apprehension and conviction of a person for mitigated criminal littering shall receive a reward of fifty dollars ($50.00). Any person who reports information to a law enforcement officer that leads to the apprehension and conviction of a person for criminal littering or aggravated criminal littering shall receive a reward of two hundred fifty dollars ($250). The county where the offense occurred shall provide the reward money from the proceeds of the mandatory fines collected under this section.
- (c)
- (1) The mayor of each county shall be the administrative official for this part, with the exception of the exclusions set out in § 39-14-511. The county mayor shall ensure that the program is administered according to this part.
- (2) The county mayor shall be empowered to authorize disbursements from the county's general fund from the proceeds deposited under subsection (a) for enforcement of this part covering all litter prevention, control and education programs to be funded.
- (3) The county mayor shall be further empowered to enter into agreements with city mayors or city managers within the mayor's county as to disbursements of moneys for violations of litter control and prevention laws that occur within municipal boundaries.
- (d) Each county shall establish the necessary fiscal structure within its accounting system to provide for proper monitoring and auditing of its receipts and disbursements under subsection (c).
History (2)
- Acts 2007, ch. 595, § 1
- 2009, ch. 382, § 1.
§ 39-14-511. Jurisdiction. - In counties with an environmental court designated pursuant to Acts 1991, chapter 426, the courts shall exercise exclusive general sessions jurisdiction, over this part, pursuant to title 40.
Part 6 Tennessee Personal and Commercial Computer Act of 2003 § 39-14-601. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Access” means to approach, instruct, communicate, or connect with, store data in, retrieve or intercept data from, or otherwise make use of any resources of a computer, computer system, or computer network, or information exchanged from any communication between computers or authorized computer users and electronic, electromagnetic, electrochemical, acoustic, mechanical, or other means;
- (2) “Authorization” means any and all forms of consent, including both implicit and explicit consent;
- (3) “Computer” means a device or collection of devices, including its support devices, peripheral equipment, or facilities, and the communication systems connected to it which can perform functions including, but not limited to, substantial computation, arithmetic or logical operations, information storage or retrieval operations, capable of being used with external files, one (1) or more operations which contain computer programs, electronic instructions, allows for the input of data, and output data (such operations or communications can occur with or without intervention by a human operator during the processing of a job);
- (4) “Computer contaminants” means any set of computer instructions that are designed to modify or in any way alter, damage, destroy, or disrupt the proper operation of a computer system, or computer network without the intent or authorization of the owner of the information. They include, but are not limited to, a group of computer instructions commonly called viruses or worms, which are self-replicating or self-propagating and are designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record or transmit data, or in some other fashion usurp the normal operation of the computer, computer system, or computer network. Such contaminants may include viruses or worms, which terms shall have the following meanings:
- (A) “Virus” means a migrating program which, at least, attaches itself to the operating system of any computer it enters and can infect any other computer that has access to an “infected” computer; and
- (B) “Worm” means a computer program or virus that spreads and multiplies, eventually causing a computer to “crash” or cease functioning, but does not attach itself to the operating system of the computer it “infects”;
- (5) “Computer network” means a set of two (2) or more computer systems that transmit data over communication circuits connecting them, and input/output devices including, but not limited to, display terminals and printers, which may also be connected to telecommunication facilities;
- (6) “Computer program” means an ordered set of data that are coded instructions or statements that, when executed by a computer, cause the computer to process data;
- (7) “Computer software” means a set of computer programs, procedures, and associated documentation concerned with the operation of a computer, computer system, or computer network whether imprinted or embodied in the computer in any manner or separate from it, including the supporting materials for the software and accompanying documentation;
- (8) “Computer system” means a set of connected devices including a computer and other devices including, but not limited to, one (1) or more of the following: data input, output, or storage devices, data communication circuits, and operating system computer programs that make the system capable of performing data processing tasks;
- (9) “Data” means a representation of information, knowledge, facts, concepts, or instructions which is being prepared or has been prepared in a formalized manner, and is intended to be stored or processed, or is being stored or processed, or has been stored or processed in a computer, computer system, or computer network;
- (10) “Electronic mail service provider” means any person who:
- (A) Is an intermediary in sending or receiving electronic mail; and
- (B) Provides to end-users of electronic mail services the ability to send or receive electronic mail;
- (11) “Financial instrument” includes, but is not limited to, any check, cashier's check, draft, warrant, money order, certificate of deposit, negotiable instrument, letter of credit, bill of exchange, credit card, debit card, marketable security, or any computer system representation thereof;
- (12) “Input” means data, facts, concepts, or instructions in a form appropriate for delivery to, or interpretation or processing by, a computer;
- (13) “Intellectual property” includes data, which may be in any form including, but not limited to, computer printouts, magnetic storage media, punched cards, or may be stored internally in the memory of a computer;
- (14) “Local exchange company” includes telecommunications service providers as defined in § 65-4-101; competing telecommunications service providers as such term is defined in § 65-4-101; telephone cooperatives; cellular or other wireless telecommunications providers; and interactive computer service providers as defined in 47 U.S.C. § 230(f);
- (15) “Output” means data, facts, concepts or instructions produced or retrieved by computers from computers or computer memory storage devices;
- (16) “Owner” means an owner or lessee of a computer or a computer network, or an owner, lessee or licensee of computer data, computer programs, or computer software;
- (17) “Property” shall include:
- (A) Real property;
- (B) Computers and computer networks; and
- (C) Financial instruments, computer data, computer programs, computer software, and all other personal property regardless of whether they are:
- (i) Tangible or intangible;
- (ii) In a format readable by humans or by a computer;
- (iii) In transit between computers or within a computer network or between any devices which comprise a computer; or
- (iv) Located on any paper or in any device in which it is stored by a computer or by a human;
- (18) “Services” includes, but is not limited to, the use of a computer, a computer system, a computer network, computer software, computer program, or data to perform tasks;
- (19) “System hacker” means any person who knowingly accesses and without authorization alters, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network; and
- (20) “To process” means to use a computer to put data through a systematic sequence of operations for the purpose of producing a specified result.
History (3)
- Acts 1989, ch. 591, § 1
- 1993, ch. 445, § 1
- 2003, ch. 317, § 2.
§ 39-14-602. Offenses — Penalties — Implicit consent to access. - (a)
- (1) It is an offense to:
- (A) Knowingly, directly, or indirectly access, cause to be accessed, or attempt to access any telephone system, telecommunications facility, computer software, computer program, data, computer, computer system, computer network, or any part thereof, for the purpose of:
- (i) Obtaining money, property, or services for oneself or another by means of false or fraudulent pretenses, representations, or promises;
- (ii) Causing computer output to purposely be false for, but not limited to, the purpose of obtaining money, property, or services for oneself or another by means of false or fraudulent pretenses, representations, or promises; or
- (iii) Affecting the creation or alteration of a financial instrument or of an electronic transfer of funds with the intent to disrupt, alter, misappropriate, or commit fraud;
- (B) Intentionally and without authorization, directly or indirectly:
- (i) Alter, damage, destroy, or attempt to damage or destroy, or cause the disruption to the proper operation of any computer, or perform an act which is responsible for the disruption of any computer, computer system, computer network, computer software, program, or data which resides or exists internal or external to a computer, computer system, or computer network; or
- (ii) Make or cause to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of computer data, computer programs, or computer software residing in, communicated by, or produced by a computer or computer network; or
- (C) Receive, conceal, use, or aid another in receiving, concealing, or using any proceeds resulting from a violation of this subsection (a), knowing the proceeds to be the result of such violation, or receive, conceal, use, or aid another in receiving, concealing, or using any books, records, documents, property, financial instrument, computer software, program, or other material, property, or objects, knowing that the item has been used in violating this subsection (a).
- (2) A violation of this subsection (a) is subject to the penalties of § 39-14-105.
- (b)
- (1) It is an offense to intentionally and without authorization, directly or indirectly:
- (A) Access any computer, computer system, or computer network;
- (B) Introduce or be responsible for the malicious input of any computer contaminant into any computer, computer system, or computer network;
- (C) Access, cause to be accessed, or attempt to access any computer software, computer network, or any part thereof, for the purpose of maliciously gaining access to computer material or to tamper maliciously with computer security devices; or
- (D) Possess a computer contaminant.
- (2) A violation of this subsection (b) is a Class A misdemeanor.
- (c) Operating a computer network in such a way as to allow anonymous access to that network constitutes implicit consent to access under this part.
- (d) Any person who violates this section in connection with an act of terrorism commits a Class A felony.
- (e) Any person who accesses, causes to be accessed, or attempts to access a digital asset pursuant to the Revised Uniform Fiduciary Access to Digital Assets Act, compiled in title 35, chapter 8, is not in violation of this part.
History (7)
- Acts 1989, ch. 591, § 1
- 1993, ch. 445, § 1
- 2002, ch. 849, § 4
- 2003, ch. 317, § 3
- 2006, ch. 809, § 1
- 2016, ch. 570, § 20
- 2022, ch. 1042, § 1.
§ 39-14-603. Unsolicited bulk electronic mail. - (a) It is an offense for a person without authority to falsify or forge electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers.
- (b) Transmission of electronic mail from an organization to its members shall not be deemed to be the transmission of unsolicited bulk electronic mail as prohibited by this section.
- (c) Nothing in this section shall be construed to interfere with or prohibit terms or conditions in a contract or license related to computers, computer data, computer networks, computer operations, computer programs, computer services, or computer software or to create any liability by reason of terms or conditions adopted by or technical measures implemented by a Tennessee-based electronic mail service provider to prevent the transmission of unsolicited electronic mail in violation of this section.
- (d) As used in this section, “without authority” means a person who uses a computer, a computer network, or the computer services of an electronic mail service provider to transmit unsolicited bulk mail in contravention of the authority granted by or in violation of the policies set by the electronic mail service provider.
- (e) The transmission of electronic signals by a local exchange company to the extent that the local exchange company merely carries that transmission over its network shall not be deemed to be the transmission of unsolicited bulk electronic mail as prohibited by this part.
- (f) A violation of this section shall be punished according to the damage to the property of another caused by the violation and shall be graded as provided in § 39-14-105.
History (2)
- Acts 2003, ch. 317, §§ 4, 8
- 2022, ch. 1042, § 2.
§ 39-14-604. Civil action — Damages, attorney fees, and costs. - (a) Any person whose property or person is injured by reason of a violation of any provision of this part may file a civil action and recover for any damages sustained and the costs of the civil action. Without limiting the generality of the term, “damages” shall include loss of profits.
- (b) If the injury arises from the transmission of unsolicited bulk electronic mail, the injured person, other than an electronic mail service provider, may also recover attorney's fees and costs, and may elect, in lieu of actual damages, to recover the lesser of ten dollars ($10.00) for each and every unsolicited bulk electronic mail message transmitted in violation of this part, or one thousand dollars ($1,000) per day. The injured person shall not have a cause of action against the electronic mail service provider that merely transmits the unsolicited bulk electronic mail over its computer network.
- (c) If the injury arises from the transmission of unsolicited bulk electronic mail, an injured electronic mail service provider may also recover attorney's fees and costs and may elect, in lieu of actual damages, to recover the greater of ten dollars ($10.00) for each and every unsolicited bulk electronic mail message transmitted in violation of this part, or one thousand dollars ($1,000) per day.
- (d) At the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network, computer data, computer program, and computer software involved in order to prevent possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party. This section shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.
§ 39-14-605. Venue. - For the purposes of venue under this part, any violation of this part shall be considered to have been committed:
- (1) In any county in which any act was performed in furtherance of any transaction violating this part;
- (2) In any county in which any violator had control or possession of any proceeds of the violation or of any books, records, documents, property, financial instrument, computer software, computer program, or other material, objects, or items which were used in furtherance of the violation; and
- (3) In any county from which, to which, or through which, any access to a computer, computer system, or computer network was made, whether by wire, electromagnetic waves, microwaves, or any other means of communication.
History (3)
- Acts 1989, ch. 591, § 1
- T.C.A. § 39-14-603
- Acts 2003, ch. 317, § 6.
§ 39-14-606. [Repealed]
History (2)
- Acts 2003, ch. 317, § 8
- repealed by Acts 2022, ch. 1042, § 3, effective July 1, 2022.
Part 7 Criminal Instruments § 39-14-701. Possession of burglary tools. - A person who possesses any tool, machine or implement with intent to use the same, or allow the same to be used, to commit any burglary, commits a Class A misdemeanor.
§ 39-14-702. Possession of explosive components. - (a) A person commits an offense who unlawfully possesses any component part of an explosive including, but not limited to, a fuse cap, detonator or wiring, with the intent to produce or manufacture an explosive device.
- (b) A violation of this section is a Class A misdemeanor.
- (c) This section shall not apply to a component part of an explosive solely intended to be used in creating an exploding target for use in lawful sporting activity, when the part is possessed by a person eighteen (18) years of age or older.
History (2)
- Acts 1989, ch. 591, § 1
- 2015, ch. 397, § 2.
§ 39-14-703. Possession of tools to interfere with anti-theft security devices. - (a) It is an offense to possess any device, tool, machine, implement or other item with the intent to use it or allow it to be used to unlawfully deactivate, circumvent, interfere with, remove or otherwise render inoperative a monitor, sensor, camera or other security device used or designed to prevent or deter the theft of retail merchandise.
- (b) A violation of this section is a Class A misdemeanor.
§ 39-14-704. Offense of selling, purchasing, possessing, installing, transferring or using automated sales suppression device, zapper or phantom-ware. - (a) For purposes of this section:
- (1) “Automated sales suppression device” or “zapper” means a software program, carried on a memory stick or removable compact disc, accessed through an internet link, or accessed through any other means, that falsifies the electronic records of electronic cash registers and other point-of-sale systems, including, but not limited to, transaction data and transaction reports;
- (2) “Electronic cash register” means a device that keeps a register or supporting documents through the means of an electronic device or computer system designed to record transaction data for the purpose of computing, compiling, or processing retail sales transaction data;
- (3) “Phantom-ware” means a hidden, preinstalled, or installed at a later time programming option embedded in the operating system of an electronic cash register or hardwired into the electronic cash register that can be used to create a virtual second till or may eliminate or manipulate transaction records that may or may not be preserved in digital formats to represent the true or manipulated record of transactions in the electronic cash register;
- (4) “Transaction data” means data associated with items purchased by a customer, the price for each item, a taxability determination for each item, a segregated tax amount for each of the taxed items, the amount of cash or credit tendered, the net amount returned to the customer in change, the date and time of the purchase, the name, address, and identification number of the vendor, and the receipt or invoice number of the transaction; and
- (5) “Transaction report” means a report documenting data, including, but not limited to, data associated with sales, taxes collected, media totals, and discount voids at an electronic cash register that is printed on cash register tape at the end of a day or shift, or a report documenting every action at an electronic cash register that is stored electronically.
- (b) It is an offense for a corporation or individual to knowingly sell, purchase, possess, install, transfer or use any automated sales suppression device, zapper or phantom-ware.
- (c) A violation of subsection (b) is a Class E felony punishable by a fine only up to one hundred thousand dollars ($100,000).
- (d) It is a defense to prosecution under this section that the person purchased, possessed, installed, transferred or used an automated sales suppression device, zapper or phantom-ware for a legitimate purpose.
- (e) The offense created by this section shall be in addition to and considered a separate offense from any offense related to the nonpayment of taxes owed to the state or any political subdivision thereof.
- (f)
- (1) Any automated sales suppression device, zapper or phantom-ware or any device containing an automated sales suppression device, zapper or phantom-ware is contraband and is subject to seizure, confiscation and forfeiture in accordance with chapter 11, part 7 of this title.
- (2) After any contraband under subdivision (f)(1) has been forfeited to the state pursuant to chapter 11, part 7 of this title, the court hearing the criminal charges resulting in the forfeiture shall order the destruction of the contraband. If the district attorney general or law enforcement agency does not believe that the contraband should be destroyed in a particular case, the district attorney general shall petition the court for an alternate disposition of the contraband. If the court finds that the proposed alternate disposition reasonably ensures that the contraband will not be used in an unlawful manner in this state, the court may grant the petition and order the disposition of the contraband in accordance with the petition.
- (g)
- (1) Where a person reports a violation of subsection (b) to law enforcement in good faith, the report and the identity of the person shall remain confidential, except when the court having jurisdiction determines the testimony of the person reporting to be material to an indictment or prosecution.
- (2)
- (A) A person who makes a report to law enforcement under subdivision (g)(1) is entitled to receive fifty percent (50%) of any fine collected by the state against an individual or corporation up to ten thousand dollars ($10,000).
- (B) Where multiple individuals file a report under subdivision (g)(1), each individual is entitled to an equal share of any award under subdivision (g)(2)(A).
Part 8 Farm Animal and Research Facilities Protection § 39-14-801. Short title. - This part shall be known and may be cited as the “Tennessee Farm Animal and Research Facilities Protection Act.”
§ 39-14-802. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Actor” means a person accused of any of the offenses defined in this part;
- (2) “Animal” means any warm-blooded or cold-blooded animal or insect which is being used in food or fiber production, agriculture, research, testing, or education, including, but not limited to, hogs, equines, mules, cattle, sheep, goats, dogs, rabbits, poultry, fish, and bees. “Animal” does not include any animal held primarily as a pet;
- (3) “Animal facility” means any vehicle, building, structure, pasture, paddock, pond, impoundment, or premises where an animal is kept, handled, housed, exhibited, bred, or offered for sale and any office, building, or structure where records or documents relating to an animal or to animal research, testing, production, or education are maintained;
- (4) “Commissioner” means the commissioner of agriculture;
- (5) “Consent” means assent in fact, whether express or implied, by the owner or by a person legally authorized to act for the owner which is not:
- (A) Induced by force, threat, false pretenses, or fraud;
- (B) Given by a person the actor knows, or should have known, is not legally authorized to act for the owner;
- (C) Given by a person who by reason of youth, mental disease or defect, if intoxication is known, or should have been known, by the actor to be unable to make reasonable decisions; or
- (D) Given solely to detect the commission of an offense;
- (6) “Deprive” means unlawfully to withhold from the owner, interfere with the possession of, free, or dispose of an animal or other property;
- (7) “Disrupt” means to engage in conduct that materially interferes with the operations of the animal facility in a manner such that the activities conducted by or in the facility are permanently or temporarily halted, compromised, delayed, harmed or impaired;
- (8) “Owner” means a person who has title to the property, lawful possession of the property, or a greater right to possession of the property than the actor;
- (9) “Person” means any individual, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership, two (2) or more persons having a joint or common interest, or other legal entity;
- (10) “Possession” means actual care, custody, control, or management;
- (11) “Property” means any real or personal property and includes any document, record, research data, paper, or computer storage medium; and
- (12) “State” means the state of Tennessee.
History (2)
- Acts 1992, ch. 782, § 3
- 2014, ch. 893, § 1.
§ 39-14-803. Offenses. - (a) A person commits an offense if, without the consent of the owner, the person acquires or otherwise exercises control over an animal facility, an animal from an animal facility, or other property from an animal facility with the intent to deprive the owner of the facility, animal, or property and to disrupt the enterprise conducted at the animal facility.
- (b) A person commits an offense if, without the consent of the owner, the person damages or destroys an animal facility or damages, frees, or destroys any animal or property in or on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility and the damage or loss thereto exceeds five hundred dollars ($500).
- (c)
- (1) A person commits an offense if, without the consent of the owner, the person damages or destroys an animal facility or damages, frees, or destroys any animal or property in or on an animal facility and the damage or loss thereto is five hundred dollars ($500) or less, or enters or remains on an animal facility with the intent to disrupt or damage the enterprise conducted at the animal facility, and the person:
- (A) Had notice that the entry was forbidden;
- (B) Knew or should have known that the animal facility was or had closed to the public; or
- (C) Received notice to depart but failed to do so.
- (2) For purposes of this subsection (c), “notice” means:
- (A) Oral or written communication by the owner or someone with actual or apparent authority to act for the owner;
- (B) The presence of fencing or other type of enclosure or barrier designed to exclude intruders or to contain animals; or
- (C) A sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden.
- (d) This part does not apply to, affect, or otherwise prohibit actions taken by the department of agriculture, any other federal, state, or local department or agency, or any official, employee, or agent thereof while in the exercise or performance of any power or duty imposed by law or by rule and regulation; provided, however, that any official, employee, or agent of the department of agriculture, any other state or local department or agency shall not enter private property without probable cause to believe that a criminal offense has occurred or is occurring. This subsection (d) does not limit the ability to enter private property pursuant to the consent of the property owner, a warrant, or a recognized warrant exception.
- (e) A person commits an offense if, without the consent of the owner, the person acquires or otherwise exercises control over bees or a structure or equipment used to keep, handle, house, exhibit, breed, or offer for sale bees with the intent to deprive the owner of the bees, structure, or equipment.
History (3)
- Acts 1992, ch. 782, §§ 4, 5
- 2024, ch. 704, § 4
- 2024, ch. 708, § 1.
§ 39-14-804. Penalties. - (a) A person found to be in violation of any of the offenses defined in § 39-14-803(a), (b), or (e) commits a Class C felony.
- (b) Any person violating § 39-14-803(c) commits a Class B misdemeanor.
History (2)
- Acts 1992, ch. 782, § 5
- 2024, ch. 708, § 2.
§ 39-14-805. Powers and duties of commissioner. - For purposes of enforcing this part, the commissioner:
- (1) May investigate any offense under this part;
- (2) May seek the assistance of any law enforcement agency of the United States, the state, or any local government in the conduct of the investigations; and
- (3) Shall coordinate the investigation to the maximum extent practicable, with the investigations of any law enforcement agency of the United States, the state, or any local government.
§ 39-14-806. Recovery of damages, fees, costs — Remedies — Injunctions. - (a) Any person who has been damaged by reason of a violation of this part may recover all actual and consequential damages, punitive damages, and court costs, including reasonable attorneys' fees, from the person causing the damage.
- (b) In addition to the remedies provided in this part or elsewhere in the laws of this state, and notwithstanding the existence of an adequate remedy at law, any person who has been damaged by reason of a violation of this part is authorized to apply to the chancery courts for an injunction or restraining order. The courts shall have jurisdiction, and for good cause shown, shall grant a temporary or permanent injunction or a temporary restraining order restraining or enjoining any person from violating or continuing to violate this part. The injunction or restraining order shall be issued without bond and may be granted, notwithstanding the fact that the violation constitutes a criminal act and notwithstanding the pendency of any criminal prosecution for the same violation.
- (c) Nothing in this part shall be construed to limit the exercise of any other rights arising out of or relating to a violation of this part.
Part 9 Money Laundering Offenses § 39-14-901. Short title. - This part shall be known and may be cited as the “Money Laundering Act of 1996.”
History (1)
- Acts 1996, ch. 1012, § 9.
§ 39-14-902. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Attorney general” means the district attorneys general and their assistants;
- (2) “Financial transaction” means a purchase, sale, loan, pledge, contract, gift, payment, and also includes a withdrawal, transmission of funds, transfer between accounts or deposit, of monetary or negotiable instruments, funds or an exchange of any other property, including, but not limited to, currency, precious metals, stones or jewelry, tickets, stamps or credit in a financial institution. “Financial transaction” does not include:
- (A) Any transaction conducted, or attempted, at the request of or in cooperation with any local, state or federal law enforcement official with regard to any person acting at the request of or cooperating with the official when the person knows that the official is making an official request;
- (B) Any transaction conducted by a person, corporation or financial institution, in the ordinary course of business, with a duty to comply with any state or federal currency transaction reporting or recording requirements, unless the person, corporation or financial institution shall intentionally violate or circumvent the state or federal currency transaction reporting or recording requirements, but only as to that person, corporation or financial institution;
- (C) Any transaction conducted, or attempted, by a person, corporation or financial institution, in the ordinary course of business, which is deemed by the person, corporation or financial institution to be a suspicious transaction or transactions, whether reportable or not under any state or federal currency transaction reporting or recording requirements, where:
- (i) The person or corporation reports the suspicious transaction, or a similar transaction conducted previously, to any local, state or federal law enforcement official and the report would not violate any attorney-client privilege; or
- (ii) In the case of a financial institution, the financial institution reported the transaction, or a related transaction conducted previously, to the institution's primary regulator or to another regulator or law enforcement official pursuant to the directions of the institution's primary regulator; but only with regard to the person, corporation or financial institution making the report; or
- (D) Bona fide legal fees received by a licensed attorney;
- (3) “Knowingly uses or attempts to use proceeds derived directly or indirectly from a specified unlawful activity” means that any person or party to the transaction or act knew that the property or proceeds involved in the transaction or act represented or constituted, either in whole or in part, proceeds from some form, though not necessarily which form, of any criminal offense under the laws of this state, or any other jurisdiction. A person, corporation or financial institution receiving funds or property in the ordinary course of business shall not have “knowledge” that the funds or property so received represented proceeds of any specified unlawful activity solely because of:
- (A) The identity or reputation of the transferor of the funds or property; or
- (B) The identity or reputation of an associate of the transferor;
- (4) “Proceeds” includes gross profits from the commission of any specified unlawful activity, including property, real, personal or intangible of any kind, acquired or derived, directly or indirectly, from, produced through, realized through or caused by an act or omission;
- (5) “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;
- (6)
- (A) “Specified unlawful activity” means any act, including any preparatory or completed offense, committed for financial gain that is punishable as a felony under the laws of this state, or if the act occurred outside this state, would be punishable by confinement for more than one (1) year under the laws of the state in which it occurred; and
- (B) “Specified unlawful activity” does not mean an act, including any preparatory or completed offense, committed for financial gain that is punishable under chapter 17, part 5 of this title, or similar provisions of law in another state; and
- (7) “Use” and “conduct” means to initiate, conclude, participate, negotiate, transport, conceal, or to aid or abet in such acts.
History (3)
- Acts 1996, ch. 1012, § 1
- 2009, ch. 386, § 1
- 2012, ch. 851, § 1.
§ 39-14-903. Criminal penalties. - (a)
- (1) It is an offense to knowingly use, conspire to use or attempt to use proceeds derived directly or indirectly from a specified unlawful activity to conduct or attempt to conduct a financial transaction or make other disposition with the intent to conceal or disguise the nature, location, source, ownership or control of the criminally derived proceeds.
- (2) A violation of this subsection (a) is a Class B felony.
- (b)
- (1) It is an offense to knowingly use proceeds derived directly or indirectly from a specified unlawful activity with the intent to promote, in whole or in part, the carrying on of a specified unlawful activity.
- (2) A violation of this subsection (b) is a Class B felony.
- (c)
- (1) It is an offense to knowingly conduct, conspire to conduct, or attempt to conduct a financial transaction or make other disposition involving property or proceeds represented by a law enforcement officer, or by another at the direction of a law enforcement officer, to be the property or proceeds derived from a specified unlawful activity with the intent to conceal or disguise the nature, location, source, ownership or control of the criminally derived proceeds or with the intent to promote the carrying on of a specified unlawful activity.
- (2) This section shall not apply to any transaction conducted, or attempted, by a person, corporation or financial institution, in the ordinary course of business, which is deemed by the person, corporation or financial institution to be a suspicious transaction or transactions, whether reportable or not under any state or federal currency transaction reporting or recording requirements, where:
- (A) The person or corporation reports the suspicious transaction, or a similar transaction conducted previously, to any local, state or federal law enforcement official and such report would not violate any attorney-client privilege;
- (B) In the case of a financial institution, the financial institution reported the transaction, or a related transaction conducted previously, to the institution's primary regulator or to another regulator or law enforcement official pursuant to the directions of the institution's primary regulator; but only with regard to the person, corporation or financial institution making the report; or
- (C) In the case of any other corporation or business entity which reported the transaction or a related transaction conducted previously, to the corporation's or business entity's primary federal or state regulator, any other federal or state regulator or law enforcement official or agency. Failure to so report shall not create an inference that the transaction was a “financial transaction” under this part.
- (3) A violation of this subsection (c) is a Class B felony.
- (d)
- (1) It is an offense for a business or other enterprise to knowingly use property, assets, funds, or accounts with intent to obtain, purchase, display, sell, conceal, comingle, or transport criminal proceeds. It is an offense for a business or other enterprise to knowingly use property, assets, funds, or accounts with intent to commit or facilitate any violation of title 71, chapter 5, part 25.
- (2) A violation of subdivision (d)(1) is Class E felony punishable only by a fine of five thousand dollars ($5,000) and the forfeiture of assets as herein provided.
- (e)
- (1) It is an offense for a business or other enterprise to knowingly use on five (5) or more separate occasions property, assets, funds, or accounts with intent to obtain, purchase, display, sell, conceal, comingle, or transport criminal proceeds. It is an offense for an individual or business to knowingly use on five (5) or more separate occasions property, assets, funds, or accounts with intent to commit or facilitate any violation of title 71, chapter 5, part 25.
- (2) A violation of subdivision (e)(1) is a Class B felony.
- (f) All records of a business or enterprise that is in violation of subsection (d) or (e) wherever located shall be obtainable by search warrant or judicial subpoena. The remedies made available under chapter 12, part 2 of this title are hereby made remedies for violations of this section.
- (g) All assets and proceeds used in violation of or to facilitate a violation of subsection (d) or (e) shall be subject to seizure and forfeiture. Forfeiture proceedings shall be conducted in accordance with chapter 11, part 7 of this title. Any court having criminal jurisdiction to conduct a preliminary hearing or trial of the criminal offense is empowered to order forfeiture as herein provided.
- (h) As used in subsections (d) and (e):
- (1) “Criminal proceeds” means items made illegal to possess or sell under chapters 14 or 17 of this title or anything of value obtained from a violation of title 71, chapter 5, part 25; and
- (2) “Enterprise” means two (2) or more individuals acting in accord, agreement or in conspiracy to violate any criminal statute.
History (2)
- Acts 1996, ch. 1012, § 2
- 2014, ch. 987, § 1.
§ 39-14-904. Joinder of offenses. - A defendant charged with a violation of one (1) or more offenses within § 39-14-903 may also be jointly charged, tried and convicted in a single prosecution for committing any related specified unlawful activity, which shall be separately punished.
History (1)
- Acts 1996, ch. 1012, § 3.
§ 39-14-905. Jurisdiction and venue. - Venue in a criminal prosecution under this part shall be either in the county where one (1) or more elements of the underlying specified unlawful activity occurred, or in the county where one (1) or more elements of a violation of § 39-14-903 occurred or was attempted.
History (1)
- Acts 1996, ch. 1012, § 4.
§ 39-14-906. Criminal intent. - (a) In a prosecution for an offense under this part, the state is not required to prove that the defendant actually knew that the property or proceeds were derived from a specified unlawful activity, so long as the defendant knew that the property or proceeds were derived from some form of criminal activity.
- (b) A corporation, the board of directors or the executive officers shall not be responsible for the criminal acts of the corporation's employees; provided, that the corporation has exercised due diligence to prevent the criminal acts. For purposes of this part, a corporation shall be deemed to have exercised due diligence if the criminal acts committed by its employees are in violation of specific corporate policy or instructions, the corporate policy or instructions were communicated to the employees who committed the criminal acts, the corporation had implemented monitoring or supervision procedures reasonably designed to detect violations of its corporate policy or instruction, and the board of directors and executive officers of the corporation acted in good faith.
History (1)
- Acts 1996, ch. 1012, § 5.
§ 39-14-907. Evidence. - In a prosecution under this part, either party may introduce the following evidence pertaining to the issue of whether the property or proceeds were known to be from some form of specified unlawful activity that:
- (1) A financial transaction was conducted or structured in violation of 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) A financial transaction was conducted with the use of a false or fictitious name; or
- (4) A financial transaction was structured so as to falsely report the actual consideration or value of the transaction.
History (1)
- Acts 1996, ch. 1012, § 6.
§ 39-14-908. Assistance by other agencies. - The attorney general may authorize any governmental department or agency of this state, any political subdivision thereof, or any other state or federal government to participate in the investigation into the conduct giving rise to a criminal offense under this part.
History (1)
- Acts 1996, ch. 1012, § 7.
§ 39-14-909. Immunity from civil liability. - The reporting of a financial transaction by a corporation or other business entity to a regulator or law enforcement official or agency shall not create a cause of action against the person, corporation or business entity which made the report and the person, corporation or other business entity shall be immune from civil liability for such report.
History (1)
- Acts 1996, ch. 1012, § 10.
Chapter 15 Offenses Against the Family Part 1 Nonsupport § 39-15-101. Nonsupport and flagrant nonsupport. - (a) A person commits the crime of nonsupport who fails to provide support which that person is able to provide and knows the person has a duty to provide to a minor child or to a child or spouse who, because of physical or mental disability, is unable to be self-supporting.
- (b) “Child” includes legitimate children and children whose parentage has been admitted by the person charged or established by judicial action.
- (c) “Support” includes, but is not limited to, financial assistance, food, shelter, clothing, medical attention or, if determined elsewhere by law, other necessary care.
- (d) A person commits the offense of flagrant nonsupport who:
- (1) Leaves or remains without the state to avoid a legal duty of support; or
- (2) Having been convicted one (1) or more times of nonsupport or flagrant nonsupport, is convicted of a subsequent offense under this section.
- (e)
- (1) Nonsupport under subsection (a) is a Class A misdemeanor.
- (2) Flagrant nonsupport under subsection (d) is a Class E felony.
§ 39-15-102. Jurisdiction. - (a) The juvenile court is vested with jurisdiction to:
- (1) Try, determine, and render final judgment in all misdemeanor cases under § 39-15-101 where the person enters a plea of guilty, nolo contendere, or not guilty and expressly waives indictment, presentment, grand jury investigation, and jury trial in writing. In such cases, the trial shall proceed before the court without the intervention of a jury;
- (2) Conduct preliminary hearings in all felony cases under § 39-15-101(d), and if the court finds probable cause and in all other cases where the person pleads not guilty to a felony charge or does not waive the right to a jury trial, bind the person over for the action of the grand jury under appropriate bond; and
- (3) Regardless of whether the person is tried in juvenile court or bound over, enter an order of protection and assistance which may require the person to:
- (A) Stay away from the home, dependent child or spouse;
- (B) Permit the defendant visitation with the child or children at reasonable or stated periods;
- (C) Abstain from offensive conduct against the dependent child or spouse or from other acts which tend to make the home an unfit place for the dependent person to live; or
- (D) Give proper attention to the care of the home.
- (b)
- (1) In all cases where the person pleads or is found guilty of a misdemeanor under § 39-15-101(a), the court shall sentence the person in accordance with title 40, chapter 35, and enter appropriate orders of support, protection or assistance.
- (2) In the event the person's sentence is suspended, the court may require the person to give security by bond with sufficient sureties approved by the court for the payment of the order of support. Should the court subsequently find the person is able to comply with the order and fails to do so, the bond shall be forfeited and the proceeds paid into the court to be applied to the order of support, and the person shall be brought immediately before the court for enforcement of the sentence.
- (c) In all cases where the person is bound over to the grand jury, the criminal court shall enforce any order of protection and assistance entered by the juvenile court, and may, if the person is convicted, include the order or modification of the order as part of the judgment and sentence.
§ 39-15-103. Appeal. - (a) An appeal from any final order or decree of the juvenile court pursuant to this part may be perfected to the court of appeals; provided, that any order of actual imprisonment except for contempt may be perfected as are appeals from any other criminal conviction pursuant to § 40-4-112.
- (b) No appeal shall operate as a stay of execution, unless the person receives the court's permission, gives the security provided in § 39-15-102(b)(2) and, when necessary, executes an appearance bond.
§ 39-15-104. Procedure — Enforcement. - (a) When complaint on oath is made to the judge of any juvenile court against a person to be charged with a violation of this part, the judge must issue a warrant requiring the arrest of the person charged and that person is to be brought before the judge for examination; provided, that if the person, being duly summoned or voluntarily appearing, acknowledges the obligation of support, the court may in its discretion enter a consent order in lieu of the issuance of a warrant.
- (b) No arrest warrant shall issue for the violation of any court order of support if the violation occurred during a period of time in which the person was incarcerated in any penal institution and was otherwise unable to comply with the order; provided, that this section shall not prevent the determining of arrearages under any previous order, and enforcement of the order as is consistent with the person's ability to comply.
- (c) It is the duty of the governor to demand the return of any person charged under § 39-15-101(d) from the governor of any other state where the person may be found, upon proper warrant being issued or indictment being returned.
- (d) Any court vested with jurisdiction to implement this part may enforce its orders and decrees by execution or in any way in which a court of equity may enforce its orders and decrees, including by imprisonment and fine for contempt. No property of the person, except all statutory homestead rights, shall be exempt from levy and sale under such execution or other process issued from the court. All provisions of title 36, chapter 5 that relate to child support or child support orders that include an order of spousal support and § 50-2-105 shall apply to support orders issued in these proceedings.
Part 2 Abortion § 39-15-201. Abortion trafficking of minors — Penalty — Exclusions and exceptions — Civil Actions. - (a) An adult commits the offense of abortion trafficking of a minor if the adult intentionally recruits, harbors, or transports a pregnant unemancipated minor within this state for the purpose of:
- (1) Concealing an act that would constitute a criminal abortion under § 39-15-213 from the parents or legal guardian of the pregnant unemancipated minor;
- (2) Procuring an act that would constitute a criminal abortion under § 39-15-213 for the pregnant unemancipated minor, regardless of where the abortion is to be procured; or
- (3) Obtaining an abortion-inducing drug for the pregnant unemancipated minor for the purpose of an act that would constitute a criminal abortion under § 39-15-213, regardless of where the abortion-inducing drug is obtained.
- (b) A violation of subsection (a) is a Class A misdemeanor and shall be punished by imprisonment for eleven (11) months and twenty-nine (29) days.
- (c) This section does not apply to:
- (1) The parents or legal guardian of the unemancipated minor;
- (2) A person who has obtained the written, notarized consent of the unemancipated minor's parent or legal guardian;
- (3) A common carrier transporting passengers in the course and scope of their business; or
- (4) An ambulance driver or operator and any corresponding emergency medical services personnel, as defined in § 68-140-302, acting within the course and scope of their duties.
- (d) It is not a defense to a prosecution under this section that the pregnant minor consented to the actions in subsection (a).
- (e)
- (1) A person who violates subsection (a) may be held liable in a civil action for the wrongful death of an unborn child who was aborted.
- (2) The civil action may be brought on behalf of the unborn child by:
- (A) The biological mother of the unborn child;
- (B) The biological father of the unborn child, unless the pregnancy resulted from an act committed by the biological father that constitutes an act of:
- (i) Aggravated rape, as defined in § 39-13-502;
- (ii) Rape, as defined in § 39-13-503;
- (iii) Statutory rape or aggravated statutory rape, as defined in § 39-13-506;
- (iv) Rape of a child, as defined in § 39-13-522;
- (v) Aggravated rape of a child, as defined in § 39-13-531;
- (vi) Statutory rape by an authority figure, as defined in § 39-13-532;
- (vii) Especially aggravated rape, as defined in § 39-13-534;
- (viii) Especially aggravated rape of a child, as defined in § 39-13-535; or
- (ix) Incest, as defined in § 39-15-302; or
- (C) A parent or legal guardian of the unemancipated minor.
- (3) In a civil action arising from a violation of this section, the plaintiff may recover from the person who violated subsection (a):
- (A) Economic damages;
- (B) Noneconomic damages;
- (C) Punitive damages; and
- (D) Reasonable attorney fees and court costs.
- (f)
- (1) This section does not apply to the provision of a medical diagnosis or consultation regarding pregnancy care of an unemancipated minor.
- (2) As used in this subsection (f), a medical diagnosis or consultation regarding pregnancy care does not include performing or attempting to perform an abortion, as defined in § 39-15-213, or arranging for travel for the unemancipated minor to procure an abortion or an abortion-inducing drug without the consent of the unemancipated minor's parent or legal guardian.
- (3) This section does not prohibit a licensed physician or another person from calling an ambulance for a minor patient if a medical emergency, as defined in § 39-15-218, exists.
History (1)
- Acts 2024, ch. 1032, § 1.
§ 39-15-202. Consent of pregnant woman required prior to abortion — Information provided by doctor — Waiting period — Penalty for violation — Requirements inapplicable in certain cases. - (a) Except in a medical emergency that prevents compliance with this subsection (a), no abortion shall be performed or induced upon a pregnant woman unless the woman has provided her informed written consent, given freely and without coercion. Such consent shall be treated as confidential.
- (b) In order to ensure that a consent for an abortion is truly informed consent, except in a medical emergency that prevents compliance with this subsection (b) or any of the requirements of subdivisions (b)(1)-(5), no abortion shall be performed or induced upon a pregnant woman unless she has first been informed orally and in person by the attending physician who is to perform the abortion, or by the referring physician, of the following facts and has signed a consent form acknowledging that she has been informed as follows:
- (1) That according to the best judgment of her attending physician or referring physician she is pregnant;
- (2)
- (A) The probable gestational age of the unborn child at the time the abortion is to be performed, based upon the information provided by her as to the time of her last menstrual period or after a history, physical examination, and appropriate laboratory tests;
- (B) If an ultrasound is performed as part of the examination prior to performing the abortion, the person who performs the ultrasound shall offer the woman the opportunity to learn the results of the ultrasound. If the woman elects to learn the results of the ultrasound, the person who performs the ultrasound or a qualified healthcare provider in the facility performing the ultrasound shall, in addition to any other information provided, inform the woman of the presence or absence of a fetal heartbeat and document the patient has been informed;
- (3) That if twenty-four (24) or more weeks have elapsed from the first day of her last menstrual period or twenty-two (22) or more weeks have elapsed from the time of conception, her unborn child may be viable, that is, capable of sustained survival outside of the womb, with or without medical assistance, and that if a viable child is prematurely born alive in the course of an abortion, the physician performing the abortion has a legal obligation to take steps to preserve the life and health of the child;
- (4) That numerous public and private agencies and services are available to assist her during her pregnancy and after the birth of her child, if she chooses not to have the abortion, whether she wishes to keep her child or place the child for adoption, and that her attending physician or referring physician will provide her with a list of the agencies and the services available if she so requests; and
- (5) The normal and reasonably foreseeable medical benefits, risks, or both of undergoing an abortion or continuing the pregnancy to term.
- (c) Except in a medical emergency that prevents compliance with this subsection (c), at the same time the attending physician or referring physician provides the information required by subsection (b), that physician shall inform the pregnant woman of the particular risks associated with her pregnancy and continuing the pregnancy to term, based upon the information known to the physician, as well as the risks of undergoing an abortion, along with a general description of the method of abortion to be used and the medical instructions to be followed subsequent to the abortion.
- (d)
- (1) Except in a medical emergency that prevents compliance with this subdivision (d)(1), no abortion shall be performed until a waiting period of forty-eight (48) hours has elapsed after the attending physician or referring physician has provided the information required by subsections (b) and (c), including the day on which the information was provided. After the forty-eight (48) hours have elapsed and prior to the performance of the abortion, the patient shall sign the consent form required by subsection (b).
- (2) If any court temporarily, preliminarily, or permanently enjoins enforcement of subdivision (d)(1) or declares it unconstitutional, then the waiting period imposed by subdivision (d)(1) shall be twenty-four (24) hours, subject to the same medical emergency exception. If the injunction or declaration is subsequently vacated or reversed, the waiting period shall revert to forty-eight (48) hours.
- (e) Except in a medical emergency that prevents compliance with subsection (b), the physician performing or inducing the abortion shall provide the pregnant woman with a duplicate copy of the consent form signed by her.
- (f)
- (1) For purposes of subsections (a), (b), (c), (d), and (e), a medical emergency is a condition that, on the basis of the physician's good faith medical judgment, so complicates a medical condition of a pregnant woman as to necessitate an immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function.
- (2) When a medical emergency compels the performance of an abortion, the physician shall inform the woman, prior to the abortion if possible, of the medical reasons supporting the physician's judgment that an abortion is necessary to avert her death or to avert substantial and irreversible impairment of major bodily function.
- (3) In any case in which a physician has determined that a medical emergency exists that excuses compliance with subsection (a), (b), (c), or (d), the physician shall state in the pregnant woman's medical records the basis for such determination.
- (g) For purposes of this section, “the physician”, “the attending physician”, or “the referring physician” means any person who is licensed to practice medicine or osteopathy in this state.
- (h)
- (1) An intentional or knowing violation of subsection (a), (b), (c), or (d), or subdivision (f)(2) by a physician is a Class E felony.
- (2) An intentional, knowing, or reckless violation of subsection (e) or subdivision (f)(3) by a physician is a Class A misdemeanor.
- (3) In addition to subdivisions (h)(1) and (2), any physician who intentionally, knowingly, or recklessly violates this section is guilty of unprofessional conduct and such physician's license for the practice of medicine and surgery or osteopathy shall be subject to suspension or revocation in accordance with the procedures provided under title 63, chapters 6 and 9.
- (i)
- (1)
- (A) Any private physician's office, ambulatory surgical treatment center, or other facility or clinic in which abortions, other than abortions necessary to prevent the death of the pregnant female, are performed shall conspicuously post a sign in a location defined in subdivision (i)(1)(C) so as to be clearly visible to patients, which reads:
- Notice: It is against the law for anyone, regardless of the person's relationship to you, to coerce you into having or to force you to have an abortion. By law, we cannot perform an abortion on you unless we have your freely given and voluntary consent. It is against the law to perform an abortion on you against your will. You have the right to contact any local or state law enforcement agency to receive protection from any actual or threatened criminal offense to coerce an abortion.
- (B) The sign required pursuant to subdivision (i)(1)(A) shall be printed in languages appropriate for the majority of clients of the facility with lettering that is legible and that is Arial font, at least 40-point bold-faced type.
- (C) A facility in which abortions are performed that is a private physician's office or an ambulatory surgical treatment center shall post the required sign in each patient waiting room and patient consultation room used by patients on whom abortions are performed. A hospital or any other facility in which abortions are performed that is not a private physician's office or ambulatory surgical treatment center shall post the required sign in the admissions or registration department used by patients on whom abortions are performed.
- (2)
- (A) An ambulatory surgical treatment center or other licensed facility shall be assessed a civil penalty by the board for licensing health care facilities of two thousand five hundred dollars ($2,500) for each day of violation in which:
- (i) The sign required in subdivision (i)(1)(A) was not posted during business hours when patients or prospective patients were present; and
- (ii) An abortion other than an abortion necessary to prevent the death of the pregnant female was performed in the ambulatory surgical treatment center or other licensed facility.
- (B) A licensed physician shall be assessed a civil penalty by the physician's title 63 medical licensing board of one thousand dollars ($1,000) for each day of violation in which:
- (i) The sign required in subdivision (i)(1)(A) was not posted during business hours when patients or prospective patients were present at the private physician's office or clinic; and
- (ii) The physician performed an abortion in the private physician's office.
- (3) The penalty provided for in subdivision (i)(2) is in addition to any other remedies applicable under other law, and subdivision (i)(2) does not preclude prosecution and conviction under any applicable criminal law.
- (j)
- (1) A physician may not perform an abortion unless the physician has admitting privileges at a hospital licensed under title 68 that is located:
- (A) In the county in which the abortion is performed; or
- (B) In a county adjacent to the county in which the abortion is performed.
- (2) The physician who performs an abortion or a healthcare provider licensed pursuant to title 63 under the supervision of the physician shall notify the patient of the location of the hospital at which the physician has privileges and where the patient may receive follow-up care by the physician if complications arise.
History (6)
- Acts 1989, ch. 591, § 1
- 1995, ch. 458, § 4
- 2010, ch. 790, § 2
- 2012, ch. 1008, § 2
- 2015, ch. 473, § 1
- 2018, ch. 862, § 3.
§ 39-15-203. Records and reports of abortions — Disposition of aborted fetus or aborted fetal tissue — Method of disposition — Confidentiality. - (a) A physician performing an abortion shall keep a record of each procedure and of the disposition of the aborted fetus or aborted fetal tissue. The physician shall make a report to the commissioner of health with respect thereto at the time and in the form as the commissioner may reasonably prescribe. If the procedure is solely a medication termination and the expulsion of the aborted fetus or aborted fetal tissue does not take place at the facility or clinic where the procedure took place, the physician shall not be required to keep a record of the disposition or report such disposition to the commissioner.
- (b)
- (1) The physician shall note in the section regarding the disposition of the aborted fetus or aborted fetal tissue the method of disposition.
- (2) If the aborted fetus or aborted fetal tissue is transferred to a third party for disposition, the name and address of that third party, and the date of the transfer, shall be included on the report.
- (3) If an ultrasound was performed prior to the induced termination of pregnancy, the report shall also indicate whether or not a heartbeat was detected.
- (c) The method of disposition of an aborted fetus or aborted fetal tissue must comply with § 39-15-219.
- (d) Each record and report made pursuant to this section shall be confidential in nature and shall not be public record open for inspection.
- (e) The department of health shall collect the reports submitted pursuant to this section and report quarterly the number of abortions performed in this state to the governor, the speaker of the senate, the speaker of the house of representatives, and the chairs of the health and welfare committee of the senate and the health committee of the house of representatives no later than January 1, April 1, July 1, and October 1 of each year. Any cost associated with implementing this subsection (e) must be provided from within existing resources of the department of health.
History (5)
- Acts 1989, ch. 591, § 1
- 2016, ch. 1003, § 1
- 2018, ch. 862, § 1.
- 2021, ch. 348, § 3
- 2023, ch. 313, § 8.
§ 39-15-204. Right to refuse to perform abortions. - No physician shall be required to perform an abortion and no person shall be required to participate in the performance of an abortion. No hospital shall be required to permit abortions to be performed therein.
§ 39-15-206. Rights to medical treatment of infant prematurely born alive during abortion — Penalty for violation — Limitation on wrongful death action. - (a) The rights to medical treatment of an infant prematurely born alive in the course of an abortion are the same as the rights of an infant of similar medical status prematurely born spontaneously. Any person who performs or induces an abortion of an infant shall exercise that degree of professional skill, care, and diligence in accordance with good medical practice necessary to preserve the life and health of an infant prematurely born alive in the course of an abortion, except that if it can be determined, through amniocentesis or medical observation, that the fetus is severely malformed, the use of extraneous life support measures need not be attempted.
- (b) Any person who violates this section commits a Class E felony.
- (c) No cause of action for wrongful death shall be brought which arises out of the death of a fetus or infant during the course of a lawful abortion, whether the fetus or infant is quick or not, so long as the abortion is performed in accordance with this part; however, once an infant is born alive, any person in attendance shall be civilly responsible for providing all reasonable and necessary care reasonable under the circumstances in the general vicinity in which the person in attendance practices.
§ 39-15-208. Research, photography, and experimentation upon aborted fetuses — Sale of aborted fetuses or aborted fetal tissue prohibited — Penalty for violation. - (a) It is unlawful for any person, agency, corporation, partnership or association to engage in medical experiments, research, or the taking of photographs upon an aborted fetus without the prior knowledge and written consent of the mother; provided, however, that prior knowledge and consent of the mother shall not be required when a person is taking photographs of the aborted fetus for the purpose of capturing images that the person reasonably believes depict evidence of a violation of a state or federal law, rule, or regulation.
- (b) No person, agency, corporation, partnership, or association shall offer money, or anything of value, for an aborted fetus or aborted fetal tissue; nor shall any person, agency, corporation, partnership, or association accept any money or anything of value for an aborted fetus or aborted fetal tissue, or offer or accept any reimbursement of any costs associated with the preparation, preservation, transfer, shipping, or handling of an aborted fetus or aborted fetal tissue.
- (c) It is the express intent of the general assembly that nothing in this section shall be construed to grant to a fetus any legal right not possessed by a fetus prior to July 1, 1979.
- (d) A violation of this section is punishable as a Class E felony.
History (3)
- Acts 1989, ch. 591, § 1
- 2016, ch. 986, § 1
- 2016, ch. 1003, § 2.
§ 39-15-209. Partial birth abortions. - (a) For purposes of this section, unless the context otherwise requires:
- (1) “Partial-birth abortion” means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery; and
- (2) “Vaginally delivers a living fetus before killing the fetus” means deliberately and intentionally delivers into the vagina a living fetus, or a substantial portion of a living fetus, for the purpose of performing a procedure the physician knows will kill the fetus, and kills the fetus.
- (b) No person shall knowingly perform a partial-birth abortion.
- (c) Subsection (b) shall not apply to a partial-birth abortion that is necessary to save the life of the mother whose life is endangered by a physical disorder, illness or injury.
- (d)
- (1) A defendant accused of an offense under this section may seek a hearing before the state medical board that licenses the physician, on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, illness or injury.
- (2) The findings on that issue are admissible on that issue at the trial of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more than thirty (30) days to permit the hearing to take place.
- (e)
- (1) Performance of a partial-birth abortion in knowing or reckless violation of this section shall be a Class C felony.
- (2) A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section for violating this section or any of its provisions, or for conspiracy to violate this section or any of its provisions.
§ 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.
History (2)
- Acts 2006, ch. 845, § 1
- 2019, ch. 424, § 1.
§ 39-15-211. Abortion prohibited if fetus viable — Affirmative defense — Rebuttable presumption — Revocation of license. - (a) As used in this section and in § 39-15-212:
- (1) “Abortion” means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead fetus;
- (2) “Gestational age” or “gestation” means the age of an unborn child as calculated from the first day of the last menstrual period of a pregnant woman;
- (3) “Medical emergency” means a condition that, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, so complicates the woman's pregnancy as to necessitate the immediate performance or inducement of an abortion in order to prevent the death of the pregnant woman or to avoid a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman that delay in the performance or inducement of the abortion would create;
- (4) “Pregnant” means the human female reproductive condition, of having a living unborn child within her body throughout the entire embryonic and fetal stages of the unborn child from fertilization to full gestation and childbirth;
- (5) “Serious risk of the substantial and irreversible impairment of a major bodily function” means any medically diagnosed condition that so complicates the pregnancy of the woman as to directly or indirectly cause the substantial and irreversible impairment of a major bodily function. Such conditions include preeclampsia, inevitable abortion, and premature rupture of the membranes and, depending upon the circumstances, may also include, but are not limited to, diabetes and multiple sclerosis, but does not include any condition relating to the woman's mental health;
- (6) “Unborn child” means an individual living member of the species, homo sapiens, throughout the entire embryonic and fetal stages of the unborn child from fertilization to full gestation and childbirth; and
- (7) “Viable” and “viability” mean that stage of fetal development when the unborn child is capable of sustained survival outside of the womb, with or without medical assistance.
- (b)
- (1) No person shall purposely perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman when the unborn child is viable.
- (2) It shall be an affirmative defense to any criminal prosecution brought under subdivision (b)(1) that the abortion was performed or induced, or attempted to be performed or induced, by a licensed physician and that the physician determined, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, that either:
- (A) The unborn child was not viable; or
- (B) The abortion was necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman. No abortion shall be deemed authorized under this subdivision (b)(2)(B) if performed on the basis of a claim or a diagnosis that the woman will engage in conduct which would result in her death or substantial and irreversible impairment of a major bodily function or for any reason relating to her mental health.
- (3) Except in a medical emergency that prevents compliance with the viability determination required by § 39-15-212, the affirmative defense set forth in subdivision (b)(2)(A) does not apply unless the physician who performs or induces, or attempts to perform or induce, the abortion makes the viability determination required by § 39-15-212 and, based upon that determination, certifies in writing that, in such physician's good faith medical judgment, the unborn child is not viable.
- (4) Except in a medical emergency that prevents compliance with one (1) or more of the following conditions, the affirmative defense set forth in subdivision (b)(2)(B) does not apply unless the physician who performs or induces, or attempts to perform or induce, the abortion complies with each of the following conditions:
- (A) The physician who performs or induces, or attempts to perform or induce, the abortion certifies in writing that, in such physician's good faith medical judgment, based upon the facts known to the physician at the time, the abortion is necessary to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman;
- (B) Another physician who is not associated in a practice with the physician who intends to perform or induce the abortion certifies in writing that, in such physician's good faith medical judgment, based upon the facts known to the physician at the time, the abortion is necessary to prevent the death of the pregnant woman or to prevent a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman;
- (C) The physician performs or induces, or attempts to perform or induce, the abortion in a hospital that has appropriate neonatal services for premature infants. This requirement does not apply if there is no hospital within thirty (30) miles with neonatal services and the physician who intends to perform or induce the abortion has admitting privileges at the hospital where the abortion is to be performed or induced;
- (D) The physician who performs or induces, or attempts to perform or induce, the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn child to survive, unless that physician determines, in such physician's good faith medical judgment, based upon the facts known to the physician at the time, that the termination of the pregnancy in that manner poses a significantly greater risk of the death of the pregnant woman or a significantly greater risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion;
- (E) The physician certifies in writing the available methods or techniques considered and the reasons for choosing the method or technique employed; and
- (F) The physician who performs or induces, or attempts to perform or induce, the abortion has arranged for the attendance in the same room in which the abortion is to be performed or induced, or attempted to be performed or induced, at least one (1) other physician who is to take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn child immediately upon the child's complete expulsion or extraction from the pregnant woman.
- (5) For purposes of this section, there shall be a rebuttable presumption that an unborn child of at least twenty-four (24) weeks gestational age is viable.
- (6) A violation of subdivision (b)(1) is a Class C felony.
- (7) The applicable licensing board shall revoke the license of any person licensed to practice a healthcare profession in this state who violates subdivision (b)(1), in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, without regard to whether the person has been charged with or has been convicted of having violated subdivision (b)(1) in a criminal prosecution. In any proceeding brought by the board of medical examiners or the board of osteopathic examination to revoke the license of a physician for violating subdivision (b)(1), a physician who has not been convicted in a criminal prosecution of having violated subdivision (b)(1) may raise the affirmative defense set forth in subdivision (b)(2).
- (8) A pregnant woman upon whom an abortion is performed or induced, or attempted to be performed or induced, in violation of subdivision (b)(1) is not guilty of violating subdivision (b)(1), or of attempting to commit or conspiring to commit a violation of subdivision (b)(1).
- (c) Neither this section nor § 39-15-212 repeals or limits § 39-15-202, § 39-15-209, or any other law that restricts or regulates the performance of an abortion or attempt to procure a miscarriage.
§ 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).
§ 39-15-213. Criminal abortion — Affirmative defense. - (a) As used in this section:
- (1) “Abortion” means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to terminate an ectopic or molar pregnancy, or to remove a dead fetus;
- (2) “Fertilization” means that point in time when a male human sperm penetrates the zona pellucida of a female human ovum;
- (3) “Pregnant” means the human female reproductive condition of having a living unborn child within her body throughout the entire embryonic and fetal stages of the unborn child from fertilization until birth; and
- (4) “Unborn child” means an individual living member of the species, homo sapiens, throughout the entire embryonic and fetal stages of the unborn child from fertilization until birth.
- (b) A person who performs or attempts to perform an abortion commits the offense of criminal abortion. Criminal abortion is a Class C felony.
- (c)
- (1) Notwithstanding subsection (b), a person who performs or attempts to perform an abortion does not commit the offense of criminal abortion if the abortion is performed or attempted by a licensed physician in a licensed hospital or ambulatory surgical treatment center and the following conditions are met:
- (A) The physician determined, using reasonable medical judgment, based upon the facts known to the physician at the time, that the abortion was necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman; and
- (B) The physician performs or attempts to perform the abortion in the manner which, using reasonable medical judgment, based upon the facts known to the physician at the time, provides the best opportunity for the unborn child to survive, unless using reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk of death to the pregnant woman or substantial and irreversible impairment of a major bodily function.
- (2) An abortion is not authorized under subdivision (c)(1)(A) and a greater risk to the pregnant woman does not exist under subdivision (c)(1)(B) if either determination is based upon a claim or a diagnosis that the pregnant woman will engage in conduct that would result in her death or the substantial and irreversible impairment of a major bodily function or for any reason relating to the pregnant woman's mental health.
- (d) Medical treatment provided to the pregnant woman by a licensed physician which results in the accidental death of or unintentional injury to or death of the unborn child shall not be a violation of this section.
- (e) This section does not subject the pregnant woman upon whom an abortion is performed or attempted to criminal conviction or penalty.
- (f) While this section is in effect, this section supersedes §§ 39-15-211, 39-15-212, 39-15-214, 39-15-215, 39-15-216, 39-15-217, and 39-15-218.
History (2)
- Acts 2019, ch. 351, § 2
- 2023, ch. 313, §§ 1-3.
§ 39-15-214. Findings — Purpose. - (a) Findings. The general assembly finds:
- (1) As the Supreme Court has stated in Planned Parenthood v. Casey, 505 U.S. 833, 852 (1992), “Abortion is a unique act” and is “fraught with consequences...for the woman who must live with the implications of her decision.” As the Supreme Court stated in Gonzales v. Carhart, 550 U.S. 124, 159 (2007) “it seems unexceptionable to conclude some women come to regret their choice to abort the infant life they once created and sustained. Severe depression and loss of esteem can follow.” The Supreme Court has acknowledged, in Casey at 882, that the effect of an abortion on the life of the unborn child is “relevant, if not dispositive” information for the patient's decision;
- (2) Current standards of medical care mandate the performance of an ultrasound prior to the performance of inducing of an abortion. Determining accurate information regarding gestational development is important for purposes of informed consent, as well as making essential preparation for the procedure itself;
- (3) In this state ultrasounds are regularly provided to women seeking an abortion to determine if they are eligible for a medication abortion, and to review other factors related that cannot be determined prior to an examination of the patient;
- (4) In the forty-seven (47) years since the United States Supreme Court's ruling in Roe v. Wade, 410 U.S. 113 (1973), there have been substantial advances in scientific methods and medical technology that have significantly expanded knowledge and understanding of prenatal life and development, and the effects of abortion on the physical and psychological health of women;
- (5) At conception, a new and genetically distinct human being is formed;
- (6) The state has a legitimate, substantial, and compelling interest in protecting the rights of all human beings, including the fundamental and absolute right of unborn human beings to life, liberty, and all rights protected by the Fourteenth and Ninth Amendments to the United States Constitution;
- (7) The presence of a fetal heartbeat is medically significant because the heartbeat is a discernible sign of life at every stage of human existence;
- (8) An unborn child's heart begins to beat at five (5) weeks gestational age, and blood begins to flow during the sixth week;
- (9) Depending on what type of equipment is utilized, an unborn child's heartbeat can be detected as early as six (6) to eight (8) weeks gestational age;
- (10) An unborn child's heartbeat can consistently be made audible using a handheld Doppler fetal heart rate device by twelve (12) weeks gestational age;
- (11) A pregnancy can be confirmed through the detection of the unborn child's heartbeat;
- (12) By the beginning of the second trimester, physicians view the absence of a fetal heartbeat as an instance of fetal death;
- (13) It is standard medical practice to monitor an unborn child's heartbeat throughout pregnancy and labor to measure the heart rate and rhythm of the unborn child, which averages between one hundred ten (110) and one hundred sixty (160) beats per minute. This monitoring is used as an indicator of the health of the unborn child;
- (14) Since the Supreme Court's decision in Roe v. Wade, medical professionals have expanded their understanding of life in utero to include, among other indicia, the presence of a heartbeat, brain development, a viable pregnancy or viable intrauterine pregnancy during the first trimester of pregnancy, and the ability to experience pain;
- (15) The presence of a fetal heartbeat is the best indicator of a viable pregnancy. The detectability of a fetal heartbeat is a strong predictor of survivability to term, especially if the heartbeat is present at eight (8) weeks gestational age or later;
- (16) When a fetal heartbeat is detected between eight (8) and twelve (12) weeks gestational age, the rate of miscarriage is extremely low, with approximately ninety-eight percent (98%) of naturally conceived pregnancies carrying to term;
- (17) At eight (8) weeks gestational age, an unborn child begins to show spontaneous movements, and reflexive responses to touch. The majority of an unborn child's body is responsive to touch by fourteen (14) weeks gestational age;
- (18) Peripheral cutaneous sensory receptors, which are the receptors that feel pain, develop in an unborn child at around seven (7) to eight (8) weeks gestational age. Sensory receptors develop in the palmar regions during the tenth week of gestational age, growing throughout the unborn child's body by sixteen (16) weeks gestational age;
- (19) An unborn child's nervous system is established by six (6) weeks gestational age. At this stage, the basic pattering of the early nervous system is in place and is the basis for tremendous growth and increased complexity built upon this basic pattern. The earliest neurons of the cortical brain, responsible for thinking, memory, and higher level functions, are established by the fourth week;
- (20) Synapses are formed in the seventh week, and the neural connections for the most primitive responses to pain are in place by ten (10) weeks gestation;
- (21) Substance P, a peptide functioning as a neurotransmitter in the transmission of pain, is present in the spinal cord of an unborn child at eight (8) weeks gestational age, while enkephalin peptides, which serve as neurotransmitters in pain modulation, are present at twelve (12) to fourteen (14) weeks gestational age;
- (22) There is significant evidence, based on peer-reviewed scientific studies, that unborn children are capable of experiencing pain by no later than twenty (20) weeks gestational age. Pain receptor nerves are already present throughout the human body by twenty (20) weeks gestation, and the cortex, which begins development at eight (8) weeks, has a full complement of neurons at twenty (20) weeks;
- (23) There is evidence that an unborn child is capable of feeling pain as early as twelve (12) to fifteen (15) weeks gestational age. The scientific evidence shows that significant cortical neuronal connections are in place by ten (10) to twelve (12) weeks gestation, and that connections between the spinal court and thalamus are nearly complete by twenty (20) weeks gestation;
- (24) A growing body of medical evidence and literature supports the conclusion that an unborn child may feel pain from around eleven (11) to twelve (12) weeks gestational age, or even as early as five and a half (5½) weeks. At only eight (8) weeks gestation, an unborn child exhibits reflexive movement during invasive procedures resulting from spinal reflex neuro pathways, showing that the unborn child reacts to noxious stimuli with avoidance reactions and stress responses. By sixteen (16) weeks gestational age, pain transmission from a peripheral receptor to the cortex is possible. Significant evidence also shows hormonal stress responses by unborn children as early as eighteen (18) weeks;
- (25) Mothers considering abortion express concern over the medical information on fetal neurological development and an unborn child's ability to feel pain while in utero, and providing this information to mothers who are considering abortion is an important part of empowering mothers to make a fully-informed choice on whether or not to seek an abortion;
- (26) Medical evidence shows that younger infants are hypersensitive to pain. Neuronal mechanisms that inhibit or moderate pain sensations do not begin to develop until thirty-four (34) to thirty-six (36) weeks gestation and are not complete until a significant time after birth. Newborn and preterm infants are hyperresponsive to pain compared to adults or older infants;
- (27) The recognition of fetal pain has led to improvements and changes in how physicians approach fetal surgery and fetal anesthesia. The presence of neural connections and the ability to feel pain as early as the fifteenth week now necessitate treating the unborn child as a separate patient from the mother for purposes of utilizing direct analgesia to fetal patients, who clearly elicit stress responses to pain;
- (28) Fetal surgeons at specialized units in St. Louis, Nashville, Cincinnati, Kansas City, Boston, and elsewhere, in response to their recognition of fetal pain, routinely use anesthesia and analgesia for unborn and premature infants undergoing surgery as young as eighteen (18) weeks gestation;
- (29) The leading textbook on clinical anesthesia recognizes the significant body of evidence indicating the importance of mitigating fetal stress responses to pain stimuli. It is presumed that an unborn child's ability to fully experience pain occurs between twenty (20) and thirty (30) weeks, and that the fetal experience of pain may be even greater than that of term neonate or young children due to the immaturity of neurodevelopment that helps inhibit pain;
- (30) Mothers considering abortion express concern over the medical information on fetal neurological development and an unborn child's ability to feel pain while in utero;
- (31) The infliction of unnecessary pain upon a living being is generally prohibited by state and federal law. The legislature has prohibited the unnecessary infliction of pain on living beings in a variety of circumstances in an effort to protect the innocent from harm;
- (32) The life of an unborn child is recognized and protected from violence by federal law and by the laws of most states. The killing of an unborn child is considered homicide in thirty-eight (38) states, with at least twenty-eight (28) of those states criminalizing the act from conception. Nearly every state and the District of Columbia have wrongful death statutes that allow for liability and recovery for the death of an unborn child or subsequent death of an infant who is born and later dies because of injuries caused while in utero;
- (33) The United States Supreme Court created the viability standard for evaluating abortion-related laws and regulations in Roe v. Wade, 410 U.S. 113 (1973), and reaffirmed this approach in Planned Parenthood v. Casey, 505 U.S. 833 (1992);
- (34) At the time Roe v. Wade was decided, the court recognized that viability was not likely until approximately twenty-eight (28) weeks gestational age;
- (35) Since the Supreme Court's decisions in Roe v. Wade and Planned Parenthood v. Casey, advances in science, technology, and treatment methods have resulted in children surviving and thriving at younger preterm ages than ever before;
- (36) In recent years, scientific advances and advances in neonatal care of lowered the gestational limits of survivability well into the second trimester;
- (37) The age at which a preterm infant can survive has decreased from twenty-eight (28) weeks to less than twenty-two (22) weeks. Survival of preterm infants has increased significantly over time assuming physicians provide active care for the young infants, lowering the age of survival from twenty-eight (28) weeks to twenty-four (24) weeks. Moreover, infants born as early as twenty-two (22) weeks can survive with the provision of care and treatment. The youngest preterm infant to survive was born at only twenty-one (21) weeks and four (4) days;
- (38) In 1978, the first infants weighing less than seven hundred fifty (750) grams were successfully ventilated;
- (39) By the 1990s, survival of infants born weighing between five hundred (500) and seven hundred (700) grams, roughly between twenty-four (24) to twenty-six (26) weeks, became possible;
- (40) Technological developments in the 1980s and 1990s, such as improved tracheal instillation of surfactant for respiratory distress syndrome and antenatal corticosteroids, resulted in survival of infants born between twenty-three (23) to twenty-four (24) weeks;
- (41) In recent years, resuscitation and survival of infants born weighing less than four hundred (400) grams, or approximately twenty-two (22) to twenty-three (23) weeks gestational age, has further decreased the age of viability;
- (42) The provision of active prenatal and postnatal care has significantly increased the number of prematurely born children who survive until hospital discharge;
- (43) Abortions performed at any gestational age pose a risk to the mother. Abortion increases the risks of subsequent preterm birth and placenta previa, life-threatening hemorrhage, postpartum hemorrhage, and cesarean delivery;
- (44) Abortions performed later in pregnancy pose an even higher medical risk to the health and life of women, with the relative risk increasing exponentially at later gestational ages after eight (8) weeks gestational age;
- (45) The relative risk of death for pregnant women who had an abortion performed or induced upon her at eleven (11) to twelve (12) weeks gestational age is between three (3) and four (4) times higher than an abortion at eight (8) weeks gestational age or earlier;
- (46) The relative risk of death for pregnant women who had an abortion performed or induced upon her at thirteen (13) to fifteen (15) weeks gestational age is almost fifteen (15) times higher than an abortion at eight (8) weeks gestational age or earlier;
- (47) The relative risk of death for pregnant women who had an abortion performed or induced upon her at sixteen (16) to twenty (20) weeks gestational age is almost thirty (30) times higher than an abortion at eight (8) weeks gestational age or earlier;
- (48) The relative risk of death for pregnant women who had an abortion performed or induced upon her at twenty-one (21) weeks gestational age or later is more than seventy-five (75) times higher than an abortion at eight (8) weeks gestational age or earlier;
- (49) Women who have an abortion suffer from post-traumatic stress disorder at a rate slightly higher than veterans of the Vietnam war. Women who have an abortion have an eighty one percent (81%) increased risk of mental trauma after an abortion. Abortion has been shown to correlate with many other mental health disorders as well;
- (50) The United States is one of only seven (7) countries in the world that permits elective abortion past twenty (20) weeks;
- (51) Only seventeen (17) countries permit abortion without any restriction beyond week twelve (12) weeks gestational age;
- (52) The United States is an outlier within the international community related to the regulation of abortion. Of the countries that permit elective abortion, nine (9) limit elective abortion before the twelfth week of gestation, thirty-six (36) limit elective abortion at twelve (12) weeks gestation, six (6) limit elective abortion between twelve (12) and twenty (20) weeks gestation, and only seven (7) permit elective abortion past twenty (20) weeks or have no gestational limit;
- (53) The historical development of abortion is undeniably tied to bias and discrimination by some organizations, leaders, and policies towards impoverished and minority communities, including the imposition of forced sterilization of the intellectually disabled, poor, minority, and immigrant women. These historic policies should be rejected and left on the ash heap of history;
- (54) As Justice Clarence Thomas wrote in his opinion concurring in the denial of certiorari in Box v. Planned Parenthood of Indiana and Kentucky, Inc., 139 S. Ct. 1780, 1783 (2019), “the use of abortion to achieve eugenic goals is not merely hypothetical.” This historical practice of abortion was rooted not in equality but in discrimination based on age, sex, and disability;
- (55) In the early twentieth century, the eugenics movement had grown popular across elite institutions in the United States, with many distinguishing between so-called fit and unfit individuals along racial lines and expressing concern over the increased birth-rate among non-white populations. Such abhorrent distinctions were also made between able-bodied persons and persons eugenicists referred to as “feeble-minded,” “deformed,” “diseased,” blind, deaf, or “dependent,” a term used to included orphans and the poor. Laws were adopted prohibiting marriages between the disabled and other “unfit” individuals and requiring their sterilization. More than sixty thousand (60,000) people were involuntarily sterilized between 1907 and 1983;
- (56) Planned Parenthood founder Margaret Sanger argued in the early twentieth century that birth control would open the way to the eugenicist. Sanger argued that birth control could be used to reduce the “ever increasing, unceasingly spawning class of human beings who never should have been born at all;
- (57) This argument was later adopted by abortion advocates, such as Planned Parenthood President Alan Guttmacher, who endorsed abortion for eugenic purposes. Guttmacher argued in the 1950's that abortion should be used to prevent the birth of disabled children. Legal scholar Glanville Williams, whose book was cited in the majority opinion in Roe v. Wade, argued in a book published in the 1950's that a “eugenic killing by a mother …cannot confidently be pronounced immoral;
- (58) Some continue to support the goal of reducing undesirable populations through selective reproduction;
- (59) Today, the individualized nature of abortion creates a significant risk that prenatal screening tests and new technologies will be used to eliminate children with unwanted characteristics;
- (60) There is substantial evidence from across the globe and in the United States that the elimination of children with unwanted characteristics is already occurring. The abortion rate for children diagnosed with Down syndrome in utero approaches one hundred percent (100%) in Iceland, ninety-eight percent (98%) in Denmark, ninety percent (90%) in the United Kingdom, and seventy-seven percent (77%) in France. Even in the United States, the abortion rate for children with Down Syndrome is sixty-seven percent (67%). Widespread sex-selective abortions in Asia have led to as many as one hundred sixty (160) million “missing” women. In India, as a result of the abortion of 300,000-700,000 female unborn children each year over several decades, there are currently about fifty (50) million more men than women in the country. Recent evidence also suggests that sex-selective abortions of girls are common among certain populations in the United States;
- (61) Sex-selective abortion results in an unnatural sex ratio imbalance that can impede members of the numerically predominant sex from finding partners, encourage the commoditization of humans in the form of human trafficking, and create other societal harms. Sex-selective abortion also reinforces discriminatory and sexist stereotypes toward women by devaluing and dehumanizing females;
- (62) In this state, from 2008 through 2017, the rate of abortion per one thousand (1,000) women was nearly four (4) times higher for nonwhite women than white women, with a rate of 7.6 on average for all women, 4.6 for white women, and 16.0 for nonwhite women. The ratio of abortions to one thousand (1,000) live births in this state from 2008-2017 was nearly three (3) times higher for nonwhite women than white women, with an average of 138.2 for all women, 85.1 for white women, and 294.4 for nonwhite women;
- (63) The use of abortion as a means to prefer one (1) sex over another or to discriminate based on disability or race is antithetical to the core values equality, freedom, and human dignity enshrined in both the United States and Tennessee Constitutions. The elimination of bias and discrimination against pregnant women, their partners, and their family members, including unborn children, is a fundamental obligation of government in order to guarantee those who are, according to the Declaration of Independence, “endowed by their Creator with certain unalienable Rights” can enjoy “Life, Liberty, and the pursuit of Happiness”;
- (64) This state has historically protected its interest in preserving the integrity of the medical profession by enacting a comprehensive statutory framework for ensuring the integrity of the medical profession in title 63;
- (65) The general assembly first adopted an act creating the Board of Medical Examiners in 1901, with the mission to protect the health, safety, and welfare of the people of this state and to ensure the highest degree of professional conduct;
- (66) As the Supreme Court of the United States acknowledged in Gonzales v. Carhart, 550 U.S. 124, 157 (2007) (citing Washington v. Glucksberg, 521 U.S. 702, 731 (1997)), “the government has an interest in protecting the integrity and ethics of the medical profession.” Under U.S. Supreme Court precedents, it is clear the State has a significant role to play in regulating the medical profession;
- (67) Physician involvement in medical practices that cause fetal pain has been rejected by the international community;
- (68) Physician involvement in medical practices that facilitate discrimination is antithetical to the United States and Tennessee constitutions' affirmation of equal protection under the law;
- (69) The integrity and public respect of the medical profession are significantly harmed by physician involvement in practices that have been rejected by the international community, facilitate discrimination, or otherwise create a disdain for life;
- (70) This state has a legitimate, substantial, and compelling interest in valuing and protecting unborn children;
- (71) This state has a legitimate, substantial, and compelling interest in protecting the physical and mental health of the mother;
- (72) This state has a legitimate, substantial, and compelling interest in promoting human dignity;
- (73) This state has a legitimate, substantial, and compelling interest in encouraging childbirth over abortion;
- (74) This state has a legitimate, substantial, and compelling interest in safeguarding an unborn child from the serious harm of pain by an abortion method that would cause the unborn child to experience pain;
- (75) This state has a legitimate, substantial, and compelling interest in resolving untenable inconsistencies and incongruities in state law which permits some unborn children to be killed by abortion, while requiring that unborn children be protected and valued in non-abortion circumstances including, but not limited to, criminal provisions related to the infliction of harms against persons, state programs intended to aid prenatal healthcare, and state sponsored healthcare for unborn children;
- (76) This state has a legitimate, substantial, and compelling interest in protecting the integrity and ethics of the medical profession, including by prohibiting medical practices that might cause the medical profession to become insensitive, even disdainful, to life, including the life of the unborn child; and
- (77) This state has a legitimate, substantial, and compelling interest in preventing discrimination.
- (b) Purpose.
- (1) The purpose of this section is to provide legislative intent and reasoning underlying the enactment of laws to protect maternal health, and to preserve, promote, and protect life and potential life throughout pregnancy, including, but not limited to, §§ 39-15-215 — 39-15-217.
- (2) The unique nature of abortion and its potential physical and mental health risks, as well as the ultimate result of the death of an unborn child, necessitates that this state ensure every woman considering an abortion is provided with adequate comprehensive information before deciding to obtain an abortion. The mandatory provision of an ultrasound prior to the abortion substantially furthers this compelling state interest.
- (3) The presence of a fetal heartbeat is a medically significant indicator of life and the potential successful development of an unborn child. This state's legitimate, substantial, and compelling interest in protecting unborn children warrants the restriction of abortion in cases where the heartbeat is detectable.
- (4) The unnecessary infliction of pain upon the life of an unborn child is inconsistent with Tennessee law that would otherwise protect the life and health of an unborn child, undermines the integrity of and public trust in the medical profession, and conflicts with the this state's legitimate, substantial, and compelling interest in protecting the life of an unborn child, protecting the integrity of the medical profession, resolving the conflict in state laws intended to protect the health of the unborn child, and protecting the life, physical health, and mental health of women. Therefore, it is necessary to enact protections against the infliction of pain, and death, upon an unborn child who is capable of experiencing pain.
- (5) Advances in science and medical practice have decreased the gestational age of an unborn child's viability to survive. This state's legitimate, substantial, and compelling interest in protecting the life of an unborn child, protecting the integrity of the medical profession, resolving the conflict in state laws intended to protect the health of the unborn child, and protecting the life, physical health, and mental health of women require the enactment of a series of gestational age restrictions on the provision of an abortion.
- (6) The historical use of abortion as a means to discriminatory ends is fundamentally objectionable and conflicts with this state's legitimate, substantial, and compelling interest in preventing discrimination and discriminatory practices. Therefore, it is necessary for this state to enact protections that prevent sex, racial, and disability discrimination against unborn children.
- (7) Life begins at conception, and nothing in chapter 764 of the Public Acts of 2020 shall be interpreted or construed to suggest that it is the intent or purpose of the legislature to condone abortion of an unborn child at any time after conception. The legislature specifically acknowledges the provisions of § 39-15-213 that will prohibit all abortion effective on the thirtieth day after issuance of a judgment overruling, in whole or in part, Roe v. Wade, as modified by Planned Parenthood v. Casey, or adoption of an amendment to the Constitution, restoring state authority to prohibit abortion.
§ 39-15-215. Section definitions — Physician requirements prior to pregnant woman giving informed consent to have abortion — Obstetric ultrasound — Affirmative defense of medical emergency — Violations — Report to board of medical examiners — Severability — Intent. - (a) As used in this section:
- (1) “Abortion” has the same meaning as defined in § 39-15-211;
- (2) “Auscultate” means to examine by listening for sounds made by internal organs of the fetus, including a fetal heartbeat, in accordance with standard medical practice utilizing current medical technology and methodology;
- (3) “Gestational age” or “gestation” has the same meaning as defined in § 39-15-211;
- (4) “Medical emergency” has the same meaning as defined in § 39-15-211; provided, that a medical emergency does not include a claim or diagnosis related to the woman's mental health or a claim or diagnosis that the woman will engage in conduct which would result in her death or substantial and irreversible impairment of a major bodily function;
- (5) “Obstetric ultrasound” or “ultrasound” means the use of ultrasonic waves for diagnostic or therapeutic purposes, specifically to monitor a developing fetus; and
- (6) “Ultrasound technician” means a person at least eighteen (18) years of age who:
- (A) Has earned a technical certificate from a sonography program accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or Canadian Medical Association (CMA);
- (B) Is currently certified by the American Registry for Diagnostic Medical Sonography (ARDMS) in the specialty in which the person is currently practicing;
- (C) Is currently certified by the American Registry of Radiologic Technologists (ARRT) in sonography;
- (D) Is in the process of applying for registration with the ARDMS, provided that the applicant satisfies the requirements for registration within ninety (90) days of becoming employed as a sonographer; or
- (E) Is in the process of applying for registration with the ARRT, provided that the applicant satisfies the requirements for registration within ninety (90) days of becoming employed as a sonographer.
- (b) Prior to a pregnant woman giving informed consent to having an abortion, as required by § 39-15-202, the physician who is performing or inducing, or attempting to perform or induce, an abortion, shall:
- (1) Determine the gestational age of the unborn child in accordance with generally accepted standards of medical practice;
- (2) Inform the pregnant woman the gestational age of the unborn child;
- (3) Perform an obstetric ultrasound in accordance with generally accepted standards of medical practice using current medical technology and methodology applicable to the gestational age of the unborn child and reasonably calculated to determine whether a fetal heartbeat exists;
- (4) Auscultate the fetal heartbeat of the unborn child, if any, so that the pregnant woman may hear the heartbeat if the heartbeat is audible;
- (5) Provide a simultaneous explanation of what the ultrasound is depicting, which must include the presence and location of the unborn child within the uterus, the dimensions of the unborn child, the presence of external members and internal organs if present and viewable, the number of unborn children depicted, and, if the ultrasound image indicates that fetal demise has occurred, inform the woman of that fact;
- (6) Display the ultrasound images so that the pregnant woman may view the images;
- (7) Record in the pregnant woman's medical record the presence or absence of a fetal heartbeat, the method used to test for the fetal heartbeat, the date and time of the test, and the estimated gestational age of the unborn child; and
- (8) Obtain from the pregnant woman prior to performing or inducing, or attempting to perform or induce, an abortion, a signed certification that the pregnant woman was presented with the information required to be provided under this subsection (b), that the pregnant woman viewed the ultrasound images or declined to do so, and that the pregnant woman listened to the heartbeat if the heartbeat was audible or declined to do so. The signed certification must be in addition to any other documentation requirements under this part and must be on a form prescribed by the commissioner of health and be retained in the woman's medical record.
- (c)
- (1) The physician who is to perform or induce, or attempt to perform or induce, an abortion may delegate the responsibility to perform the obstetric ultrasound to an ultrasound technician, provided that the ultrasound technician is qualified and permitted by law to perform an obstetric ultrasound that complies with the requirements of subsection (b). An ultrasound technician performing an obstetric ultrasound under this subdivision (c)(1) shall perform the obstetric ultrasound in a manner that complies with subsection (b), and the physician may rely on the signed certification obtained by the qualified technician under subdivision (b)(8) to establish that an ultrasound was performed in compliance with this section, unless the physician knows, or in the exercise of reasonable care should know, that an ultrasound was not performed in accordance with this section.
- (2) The physician who is to perform or induce, or attempt to perform or induce, an abortion may accept a certification from a referring physician that the referring physician has performed an obstetric ultrasound that complies with the requirements of subsection (b). The referring physician performing an obstetric ultrasound under this subdivision (c)(2) shall perform the obstetric ultrasound in a manner that complies with subsection (b), and the physician may rely on the signed certification obtained by the referring physician under subdivision (b)(8) to establish that an ultrasound was performed in compliance with this section, unless the physician knows, or in the exercise of reasonable care should know, that an ultrasound was not performed in accordance with this section.
- (d) When the ultrasound images and heartbeat sounds are provided to and reviewed with the pregnant woman, this section shall not be construed to prevent the pregnant woman from averting her eyes from the ultrasound images or requesting the volume of the heartbeat be reduced or turned off if the heartbeat is audible. The physician or ultrasound technician performing the ultrasound shall be permitted to comply with the request of the pregnant woman. The physician, the ultrasound technician, and the pregnant woman shall not be subject to any penalty if the pregnant woman refuses to look at the displayed ultrasound images or to listen to the heartbeat if the heartbeat is audible.
- (e)
- (1) Subject to compliance with subdivision (e)(2), it is an affirmative defense to criminal prosecution for a violation of a provision of this section that, in the physician's reasonable medical judgment, a medical emergency prevented compliance with the provision.
- (2) In order for the affirmative defense in subdivision (e)(1) to apply, a physician who performs or induces, or attempts to perform or induce, an abortion because of a medical emergency must comply with each of the following conditions unless the medical emergency also prevents compliance with the condition:
- (A) The physician who performs or induces, or attempts to perform or induce, the abortion certifies in writing that, in the physician's good faith, reasonable medical judgment, based upon the facts known to the physician at the time, compliance with the provision was prevented by a medical emergency;
- (B) The physician certifies in writing the available methods or techniques considered and the reasons for choosing the method or technique employed;
- (C) If the unborn child is presumed to be viable under § 39-15-211 or determined to be viable under § 39-15-212, the physician performs or induces, or attempts to perform or induce, the abortion in a hospital. The hospital must have appropriate neonatal services for premature infants unless there is no hospital within thirty (30) miles with neonatal services and the physician who intends to perform or induce the abortion has admitting privileges at the hospital where the abortion is to be performed or induced;
- (D) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212, the physician who performs or induces, or attempts to perform or induce, the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn child to survive, unless that physician determines, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, that the termination of the pregnancy in that manner poses a significantly greater risk of the death of the pregnant woman or a significantly greater risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion; and
- (E) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212, the physician who performs or induces, or attempts to perform or induce, the abortion has arranged for the attendance in the same room in which the abortion is to be performed or induced, or attempted to be performed or induced, at least one (1) other physician who is to take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn child immediately upon the child's complete expulsion or extraction from the pregnant woman.
- (f) Performing or inducing, or attempting to perform or induce, an abortion in violation of the requirements of this section is a Class C felony.
- (g) A violation of subsection (c) by an ultrasound technician or referring physician whose performance of an ultrasound pursuant to subsection (c) is relied upon by a physician in performing or inducing, or attempting to perform or induce, an abortion is a Class E felony.
- (h) A pregnant woman upon whom an abortion is performed or induced, or attempted to be performed or induced, in violation of this section is not guilty of violating this section or attempting to commit or conspiring to commit a violation of this section.
- (i) When a physician is criminally charged with a violation of this section, the physician shall report the charge to the board of medical examiners in writing within seven (7) calendar days of acquiring knowledge of the charge. The report must include the jurisdiction in which the charge is pending, if known, and must also be accompanied by a copy of the charging documents, if available. A district attorney general shall promptly notify the board of medical examiners when a physician is charged with a violation of this section.
- (j) If any provision or provisions of this section or the application thereof to any person, circumstance, or period of gestational age is found to be unenforceable, unconstitutional, or invalid by a court of competent jurisdiction, the same is hereby declared to be severable and the remainder of the section shall remain effective. The general assembly hereby declares that it would have enacted this section and each of its provisions, even if any provision of this section or the application thereof to any person, circumstance, or period of gestational age is later found to be unenforceable, unconstitutional, or invalid.
- (k)
- (1) It is the specific intent of the general assembly in this section to exercise to the greatest extent permitted by law the legitimate, substantial, and compelling state interest in protecting maternal health, and in preserving, promoting, and protecting life and potential life throughout pregnancy by enacting more protective requirements than provided for under this part as it existed prior to July 13, 2020.
- (2) When this section is in direct conflict with this part as it existed prior to July 13, 2020, the more protective requirements of this section control over any less protective provision in this part. This section shall not be construed as a repeal, either express or implied, of any provision of this part as it existed prior to July 13, 2020.
- (3) The general assembly specifically intends that this part as it existed prior to July 13, 2020, shall remain and be enforceable if, and for so long as, any provisions of this section, or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction.
- (4) This section does not repeal or modify in any way § 39-15-213, as enacted by chapter 351 of the Public Acts of 2019, which shall control upon becoming effective. This section shall remain and be enforceable if, and for so long as, any provisions of § 39-15-213, or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction.
§ 39-15-216. Section definitions — Determination of gestational age — Fetal heartbeat — Unlawful abortions due to fetal heartbeat or gestational age — Affirmative defense of medical emergency — Report to board of medical examiners — Severability — Intent. - (a) As used in this section:
- (1) “Abortion” has the same meaning as defined in § 39-15-211;
- (2) “Fetal heartbeat” means cardiac activity or the steady and repetitive rhythmic contraction of the heart of an unborn child;
- (3) “Gestational age” or “gestation” has the same meaning as defined in § 39-15-211;
- (4) “Medical emergency” has the same meaning as defined in § 39-15-211; provided, that a medical emergency does not include a claim or diagnosis related to the woman's mental health or a claim or diagnosis that the woman will engage in conduct which would result in her death or substantial and irreversible impairment of a major bodily function;
- (5) “Unborn child” has the same meaning as defined in § 39-15-211; and
- (6) “Viable” has the same meaning as defined in § 39-15-211.
- (b)
- (1) Before performing or inducing, or attempting to perform or induce, an abortion, the physician shall determine the gestational age of the unborn child in accordance with generally accepted standards of medical practice.
- (2) A violation of subdivision (b)(1) is a Class C felony.
- (c)
- (1) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child has a fetal heartbeat. A violation of this subdivision (c)(1) is a Class C felony.
- (2) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is six (6) weeks gestational age or older unless, prior to performing or inducing the abortion, or attempting to perform or induce the abortion, the physician affirmatively determines and records in the pregnant woman's medical record that, in the physician's good faith medical judgment, the unborn child does not have a fetal heartbeat at the time of the abortion. In making the good faith medical determination, the physician shall utilize generally accepted standards of medical practice using current medical technology and methodology applicable to the gestational age of the unborn child and reasonably calculated to determine the existence or non-existence of a fetal heartbeat. A violation of this subdivision (c)(2) is a Class C felony.
- (3) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is eight (8) weeks gestational age or older. A violation of this subdivision (c)(3) is a Class C felony.
- (4) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is ten (10) weeks gestational age or older. A violation of this subdivision (c)(4) is a Class C felony.
- (5) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twelve (12) weeks gestational age or older. A violation of this subdivision (c)(5) is a Class C felony.
- (6) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is fifteen (15) weeks gestational age or older. A violation of this subdivision (c)(6) is a Class C felony.
- (7) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is eighteen (18) weeks gestational age or order. A violation of this subdivision (c)(7) is a Class C felony.
- (8) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twenty (20) weeks gestational age or older. A violation of this subdivision (c)(8) is a Class C felony.
- (9) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twenty-one (21) weeks gestational age or older. A violation of this subdivision (c)(9) is a Class C felony.
- (10) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twenty-two (22) weeks gestational age or older. A violation of this subdivision (c)(10) is a Class C felony.
- (11) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twenty-three (23) weeks gestational age or older. A violation of this subdivision (c)(11) is a Class C felony.
- (12) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman whose unborn child is twenty-four (24) weeks gestational age or older. A violation of this subdivision (c)(12) is a Class C felony.
- (d)
- (1) A person shall not be convicted of violating more than one (1) subdivision of subsection (c) for any one (1) abortion that the person performed, induced, or attempted to perform or induce.
- (2) This section does not permit the abortion of a viable unborn child.
- (e)
- (1) Subject to compliance with subdivision (e)(2), it is an affirmative defense to criminal prosecution for a violation of a provision of this section that, in the physician's reasonable medical judgment, a medical emergency prevented compliance with the provision.
- (2) In order for the affirmative defense in subdivision (e)(1) to apply, a physician who performs or induces, or attempts to perform or induce, an abortion because of a medical emergency must comply with each of the following conditions unless the medical emergency also prevents compliance with the condition:
- (A) The physician who performs or induces, or attempts to perform or induce, the abortion certifies in writing that, in the physician's good faith, reasonable medical judgment, based upon the facts known to the physician at the time, compliance with the provision was prevented by a medical emergency;
- (B) The physician certifies in writing the available methods or techniques considered and the reasons for choosing the method or technique employed;
- (C) If the unborn child is presumed to be viable under § 39-15-211 or determined to be viable under § 39-15-212, the physician performs or induces, or attempts to perform or induce, the abortion in a hospital. The hospital must have appropriate neonatal services for premature infants unless there is no hospital within thirty (30) miles with neonatal services and the physician who intends to perform or induce the abortion has admitting privileges at the hospital where the abortion is to be performed or induced;
- (D) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212, the physician who performs or induces, or attempts to perform or induce, the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn child to survive, unless that physician determines, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, that the termination of the pregnancy in that manner poses a significantly greater risk of the death of the pregnant woman or a significantly greater risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion; and
- (E) lf the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212, the physician who performs or induces, or attempts to perform or induce, the abortion has arranged for the attendance in the same room in which the abortion is to be performed or induced, or attempted to be performed or induced, at least one (1) other physician who is to take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn child immediately upon the child's complete expulsion or extraction from the pregnant woman.
- (f) A pregnant woman upon whom an abortion is performed or induced, or attempted to be performed or induced, in violation of any provision of this section is not guilty of violating, or of attempting to commit or conspiring to commit a violation of, this section.
- (g) When a physician is criminally charged with a violation of this section, the physician shall report the charge to the board of medical examiners in writing within seven (7) calendar days of acquiring knowledge of the charge. The report must include the jurisdiction in which the charge is pending, if known, and must also be accompanied by a copy of the charging documents, if available. A district attorney general shall promptly notify the board of medical examiners when a physician is charged with a violation of this section.
- (h) If any provision or provisions of this section or the application thereof to any person, circumstance, or period of gestational age is found to be unenforceable, unconstitutional, or invalid by a court of competent jurisdiction, the same is hereby declared to be severable and the remainder of the section shall remain effective. The general assembly hereby declares that it would have enacted this section and each of its provisions, even if any provision of this section or the application thereof to any person, circumstance, or period of gestational age was later found to be unenforceable, unconstitutional, or invalid.
- (i)
- (1) It is the specific intent of the general assembly in this section to exercise to the greatest extent permitted by law the legitimate, substantial, and compelling state interest in protecting maternal health, and in preserving, promoting, and protecting life and potential life throughout pregnancy by enacting more protective requirements than provided for under this part as it existed prior to July 13, 2020.
- (2) When this section is in direct conflict with this part as it existed prior to July 13, 2020, the more protective requirements of this section control over any less protective provision of this part. This section shall not be construed as a repeal, either express or implied, of any provision of this part as it existed prior to July 13, 2020.
- (3) The general assembly specifically intends that this part as it existed prior to July 13, 2020, shall remain and be enforceable if, and for so long as, any provisions of this section, or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction.
- (4) This section does not repeal or modify in any way § 39-15-213, as enacted by chapter 351 of the Public Acts of 2019, which shall control upon becoming effective. This section shall remain and be enforceable if, and for so long as, any provisions of § 39-15-213, or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction.
§ 39-15-217. Section definitions — Unlawful abortions due to sex, race, or indication of Down syndrome — Affirmative defense of medical emergency — Violations — Report to board of medical examiners — Severability — Intent. - (a) As used in this section:
- (1) “Abortion” has the same meaning as defined in § 39-15-211;
- (2) “Down syndrome” means a chromosome disorder associated either with an extra chromosome twenty-one or an effective trisomy for chromosome twenty-one;
- (3) “Medical emergency” has the same meaning as defined in § 39-15-211; provided, that it does not include a claim or diagnosis related to the woman's mental health or a claim or diagnosis that the woman will engage in conduct which would result in her death or substantial and irreversible impairment of a major bodily function; and
- (4) “Unborn child” has the same meaning as defined in § 39-15-211.
- (b) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman if the person knows that the woman is seeking the abortion because of the sex of the unborn child.
- (c) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman if the person knows that the woman is seeking the abortion because of the race of the unborn child.
- (d) A person shall not perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman if the person knows that the woman is seeking the abortion because of a prenatal diagnosis, test, or screening indicating Down syndrome or the potential for Down syndrome in the unborn child.
- (e)
- (1) Subject to compliance with subdivision (e)(2), it is an affirmative defense to criminal prosecution for a violation of a provision of this section that, in the physician's reasonable medical judgment, a medical emergency prevented compliance with the provision.
- (2) In order for the affirmative defense in subdivision (e)(1) to apply, a physician who performs or induces, or attempts to perform or induce, an abortion because of a medical emergency must comply with each of the following conditions unless the medical emergency also prevents compliance with the condition:
- (A) The physician who performs or induces, or attempts to perform or induce, the abortion certifies in writing that, in the physician's good faith, reasonable medical judgment, based upon the facts known to the physician at the time, compliance with the provision was prevented by a medical emergency;
- (B) The physician certifies in writing the available methods or techniques considered and the reasons for choosing the method or technique employed;
- (C) If the unborn child is presumed to be viable under § 39-15-211 or determined to be viable under § 39-15-212, the physician performs or induces, or attempts to perform or induce, the abortion in a hospital. The hospital must have appropriate neonatal services for premature infants unless there is no hospital within thirty (30) miles with neonatal services and the physician who intends to perform or induce the abortion has admitting privileges at the hospital where the abortion is to be performed or induced;
- (D) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212, the physician who performs or induces, or attempts to perform or induce, the abortion terminates or attempts to terminate the pregnancy in the manner that provides the best opportunity for the unborn child to survive, unless that physician determines, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, that the termination of the pregnancy in that manner poses a significantly greater risk of the death of the pregnant woman or a significantly greater risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman than would other available methods of abortion; and
- (E) If the unborn child is presumed viable under § 39-15-211 or determined to be viable under § 39-15-212, the physician who performs or induces, or attempts to perform or induce, the abortion has arranged for the attendance in the same room in which the abortion is to be performed or induced, or attempted to be performed or induced, at least one (1) other physician who is to take control of, provide immediate medical care for, and take all reasonable steps necessary to preserve the life and health of the unborn child immediately upon the child's complete expulsion or extraction from the pregnant woman.
- (f) A violation of subsections (b)-(d) is a Class C felony.
- (g) A pregnant woman upon whom an abortion is performed or induced, or attempted to be performed or induced, in violation of subsections (b)-(d), is not guilty of violating the subsections, or of attempting to commit or conspiring to commit a violation of the subsections.
- (h) When a physician is criminally charged with a violation of this section, the physician shall report the charge to the board of medical examiners in writing within seven (7) calendar days of acquiring knowledge of the charge. The report must include the jurisdiction in which the charge is pending, if known, and must also be accompanied by a copy of the charging documents, if available. A district attorney general shall promptly notify the board of medical examiners when a physician is charged with a violation of this section.
- (i) If any provision of this section or the application thereof to any person, circumstance, or period of gestational age is found to be unenforceable, unconstitutional, or invalid by a court of competent jurisdiction, the same is hereby declared to be severable and the remainder of this section shall remain effective. The general assembly hereby declares that it would have enacted this section and each of its provisions, even if any provision of this section or the application thereof to any person, circumstance, or period of gestational age was later found to be unenforceable, unconstitutional, or invalid.
- (j)
- (1) It is the specific intent of the general assembly in this section to exercise to the greatest extent permitted by law the legitimate, substantial, and compelling state interest in protecting maternal health, and in preserving, promoting, and protecting life and potential life throughout pregnancy by enacting more protective requirements than provided for under this part as it existed prior to July 13, 2020.
- (2) When this section is in direct conflict with this part as it existed prior to July 13, 2020, the more protective requirements of this section control over any less protective provision in this part. This section shall not be construed as a repeal, either express or implied, of any provision of this part as it existed prior to July 13, 2020.
- (3) The general assembly specifically intends that this part as it existed prior to July 13, 2020, shall remain and be enforceable if, and for so long as, any provisions of this section, or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction.
- (4) This section does not repeal or modify in any way § 39-15-213, as enacted by chapter 351 of the Public Acts of 2019, which shall control upon becoming effective. This section shall remain and be enforceable if, and for so long as, any provisions of § 39-15-213, or any part or parts thereof, are enjoined or otherwise barred by a court of competent jurisdiction.
§ 39-15-218. Section definitions — Posting of sign about chemical abortion — Required warning about chemical abortion — Required statement in medical discharge instructions — Required information prior to abortion due to medical emergency — Department of Health materials and website — Violations — Civil penalty — Civil action for damages — Attorney's fees — Ruling on woman's anonymity. - (a) Notwithstanding any provision of law to the contrary, for purposes of this section:
- (1) “Abortion” means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally:
- (A) Kill the unborn child of a woman known to be pregnant; or
- (B) Terminate the pregnancy of a woman known to be pregnant, with an intention other than:
- (i) After viability, to produce a live birth and preserve the life and health of the child born alive; or
- (ii) To remove a dead unborn child;
- (2) “Chemical abortion” means the use or prescription of an abortion-inducing drug dispensed with intent to cause the death of the unborn child;
- (3) “Medical emergency” means a condition that, in reasonable medical judgment, so complicates the medical condition of the pregnant woman as to necessitate the immediate abortion of her pregnancy to avert the death of the pregnant woman or for which a delay will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No condition is a medical emergency if based on a claim or diagnosis that the woman will engage in conduct that the woman intends to result in the death or in substantial and irreversible physical impairment of a major bodily function of the woman; and
- (4) “Stable internet website” means a website that, to the extent reasonably practicable, is safeguarded from having its content altered other than by the department of health.
- (b) This section applies to a private office, ambulatory surgical treatment center, as defined in § 68-11-201, or other facility, as defined in § 68-11-201, or clinic, if more than fifty (50) elective abortions were provided in the private office, ambulatory surgical treatment center, facility, or clinic, other than abortions necessary to prevent the death of the pregnant woman, during the previous calendar year. Each private office, ambulatory surgical treatment center, facility, or clinic shall conspicuously post a sign in a location described in subsection (d) in a manner clearly visible to patients, which reads as follows:
- Recent developing research has indicated that mifepristone alone is not always effective in ending a pregnancy. It may be possible to avoid, cease, or even reverse the intended effects of a chemical abortion utilizing mifepristone if the second pill has not been taken. Please consult with a healthcare professional immediately.
- (c) The sign required pursuant to subsection (b) must be printed with lettering that is legible and at least three-quarters of an inch (0.75″) boldfaced type.
- (d) A private office or an ambulatory surgical treatment center shall post the required sign in each patient waiting room and patient consultation room used by patients on whom abortions are performed. A hospital or any other facility that is not a private office or ambulatory surgical treatment center shall post the required sign in each patient admission area used by patients on whom abortions are performed.
- (e) Except in the case of a medical emergency, a chemical abortion involving the two-drug process of dispensing mifepristone first and then misoprostol shall not be performed or induced or attempted to be performed or induced unless the woman is informed by the physician who is to perform the abortion at least forty-eight (48) hours before the abortion, that:
- (1) It may be possible to reverse the intended effects of a chemical abortion utilizing mifepristone if the woman changes her mind, but that time is of the essence; and
- (2) Information on and assistance with reversing the effects of a chemical abortion utilizing mifepristone is available on the department of health website.
- (f) After the first drug involved in the two-drug process is dispensed in a chemical abortion utilizing mifepristone, the physician or an agent of the physician shall provide written medical discharge instructions to the pregnant woman, which must include the following statement:
- Recent developing research has indicated that mifepristone alone is not always effective in ending a pregnancy. It may be possible to avoid, cease, or even reverse the intended effects of a chemical abortion utilizing mifepristone if the second pill has not been taken. Please consult with a healthcare professional immediately.
- (g) When a medical emergency compels the performance of an abortion, the physician shall inform the woman prior to the abortion, if possible, of the medical indications supporting the physician's professional medical judgment that an abortion is necessary to prevent the woman's death or that a delay of forty-eight (48) hours will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions.
- (h) Within ninety (90) days after October 1, 2020, the department of health shall publish, in English and in each language that is the primary language of two percent (2%) or more of this state's population, and make available on the department's website as provided in subsection (i), the printed materials required by this subsection (h) in a manner that ensures that the information is easily understood by the general public. The materials must be designed to inform the woman of the possibility of reversing the effects of a chemical abortion utilizing mifepristone if the woman changes her mind and information on and assistance with the resources that may be available to help reverse the effects of a chemical abortion.
- (i) The department of health shall develop and maintain a stable internet website to provide the information described in subsection (h). The department shall not collect or retain any information regarding website visitors or users. The department shall monitor the website on a daily basis to prevent and correct tampering. The website must be maintained at a minimum resolution of seventy (70) dots per inch. All pictures appearing on the website must be a minimum of two hundred (200) by three hundred (300) pixels. All letters on the website must be a minimum of twelve-point font. All information and pictures must be accessible with an industry standard browser, requiring no additional plugins.
- (j) Any person who knowingly or recklessly performs or induces or attempts to perform or induce an abortion in violation of this section commits a Class E felony. No penalty may be assessed against the woman upon whom the abortion is performed or induced or attempted to be performed or induced. No penalty or civil liability may be assessed for failure to comply with subdivision (e)(2) unless the department of health has made the information available on the website at the time the physician is required to inform the woman.
- (k) The department of health shall assess any private office, ambulatory surgical treatment center, or other facility or clinic that negligently fails to post a sign required by subsection (b) a civil penalty of ten thousand dollars ($10,000). Each day on which an abortion, other than in the case of a medical emergency, is performed in any private office, ambulatory surgical treatment center, or other facility or clinic during which the required sign is not posted is a separate violation.
- (l) Any person upon whom an abortion has been performed that was not in compliance with this section, the father of the unborn child who was the subject of the abortion, or if the woman was younger than eighteen (18) years of age at the time of the chemical abortion or has died as a result of the chemical abortion, the grandparent of the unborn child may bring an action against the person who performed the abortion in knowing or reckless violation of chapter 764 of the Public Acts of 2020 for actual and punitive damages. Any person, upon whom an abortion that was in violation of this section has been attempted, may bring an action against the person who attempted to perform the abortion in knowing or reckless violation of chapter 764 of the Public Acts of 2020 for actual and punitive damages. A court shall not award damages to a plaintiff if the pregnancy resulted from the plaintiff's criminal conduct.
- (m) If judgment is rendered in favor of the plaintiff in any action brought pursuant to this section, then the court shall also award the plaintiff reasonable attorney's fees. If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous and brought in bad faith, then the court shall award the defendant reasonable attorney's fees.
- (n) In each civil or criminal proceeding brought under this section, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or attempted must be preserved from public disclosure if the woman does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that the woman's anonymity must be preserved, shall issue orders to the parties, witnesses, and counsel and direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the woman's identity from public disclosure. The order must be accompanied by specific written findings explaining why the anonymity of the woman must be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable, less restrictive alternative exists. In the absence of written consent of the woman upon whom an abortion has been performed or attempted, anyone who brings an action under subsection (l) shall do so under a pseudonym. This section must not be construed to conceal the identity of the plaintiff or witnesses from the defendant.
- (o) This section does not affect a provider's legal obligations pursuant to § 39-15-202.
§ 39-15-219. Final disposition of fetal remains from surgical abortion — Pregnant woman's right to determine. - (a) As used in this section:
- (1) “Abortion facility”:
- (A) Means any of the following in which abortions are induced or performed:
- (i) An ambulatory surgical treatment center, as defined in § 68-11-201;
- (ii) A private office; and
- (iii) Another facility, as defined in § 68-11-201, in which abortion is legally provided; and
- (B) Does not include a hospital, as defined in § 68-11-201, that is licensed pursuant to title 68, as long as the hospital acts pursuant to hospital policies or regulations concerning the disposal of fetal remains that substantially comply with the requirements of this section;
- (2) “Cremation” means the heating process by which a human body or body parts are reduced to bone fragments through combustion and evaporation;
- (3) “Crematory” has the same meaning as defined in § 62-5-101;
- (4) “Fetal remains” means an aborted fetus or fetal tissue that results from an abortion of an unborn child;
- (5) “Interment” means the burial or entombment of fetal remains; and
- (6) [Deleted by 2023 amendment.]
- (7) “Unborn child” means an individual living member of the species, homo sapiens, throughout the entire embryonic and fetal stages of the unborn child from fertilization to full gestation and childbirth.
- (b)
- (1) A person shall not make a final disposition of fetal remains from a surgical abortion that occurs at an abortion facility except by cremation or interment.
- (2) The cremation of fetal remains under subdivision (b)(1) must be in a licensed crematory facility.
- (c)
- (1) A pregnant woman who has a surgical abortion has the right to determine the following regarding the fetal remains:
- (A) Whether the final disposition is by cremation or interment; and
- (B) The location for the final disposition.
- (2) A pregnant woman who has a surgical abortion must be provided with a notification form described in subdivision (m)(1)(A).
- (d)
- (1) If a pregnant woman desires to exercise the right described in subdivision (c)(1), then the woman must make the determination in writing using a form prescribed by the department of health under subdivision (m)(1)(C). The determination must clearly indicate the following:
- (A) Whether the final disposition will be by cremation or interment; and
- (B) Whether the final disposition will be at a location other than the location provided by the abortion facility.
- (2) If a pregnant woman does not desire to exercise the right described in subdivision (c)(1), then the abortion facility shall determine whether final disposition is by cremation or interment.
- (3)
- (A) A pregnant woman who is under eighteen (18) years of age, unmarried, and unemancipated shall obtain parental consent from one (1) of the pregnant woman's parents, guardian, or custodian for the final disposition determination the woman makes under subdivision (d)(1). The consent must be made in writing using a form prescribed by the department of health under subdivision (m)(1)(B).
- (B) The consent under subdivision (d)(3)(A) is not required for a pregnant woman exercising her rights under subdivision (c)(1) if an order authorizing the minor to consent, or the court to consent on behalf of the minor, to the abortion is issued by a court of competent jurisdiction.
- (e)
- (1) A pregnant woman who is carrying more than one (1) unborn child and who desires to exercise the right described in subdivision (c)(1), shall complete one (1) form under subdivision (d)(1) for each unborn child that will be aborted.
- (2) A pregnant woman who obtains parental consent under subdivision (d)(3)(A) shall use one (1) consent form for each unborn child that will be aborted.
- (f) A form used under subsection (d) that covers more than one (1) unborn child that will be aborted is invalid.
- (g) If a pregnant woman desires to exercise the right described in subdivision (c)(1), then an abortion facility shall not release fetal remains from a surgical abortion, or arrange for the cremation or interment of the fetal remains, until the facility obtains a final disposition determination made, and if applicable, the consent made, under subsection (d) or subdivision (e)(1).
- (h)
- (1) Except as provided in subdivision (h)(2), an abortion facility shall pay for and provide for the cremation or interment of the fetal remains from a surgical abortion performed at that facility.
- (2) If the disposition determination made under subsection (d) or subdivision (e)(1) identifies a location for final disposition other than a location provided by the abortion facility, then the pregnant woman is responsible for the costs related to the final disposition of the fetal remains at the chosen location.
- (i) An abortion facility shall document in the pregnant woman's medical record the final disposition determination made, and if applicable, the consent made, under subsection (d) or subdivision (e)(1).
- (j) An abortion facility shall maintain evidentiary documentation demonstrating the date and method of the disposition of fetal remains from surgical abortions performed or induced in the facility.
- (k) An abortion facility shall have written policies and procedures regarding cremation or interment of fetal remains from surgical abortions performed or induced in the facility.
- (l) An abortion facility shall develop and maintain a written list of locations at which the facility provides or arranges for the final disposition of fetal remains from surgical abortions.
- (m)
- (1) The commissioner of health shall develop the following forms or modify existing forms to provide the following:
- (A) The notification form informing pregnant women who seek surgical abortions of the following:
- (i) The right to determine final disposition of fetal remains under subdivision (c)(1); and
- (ii) The available options for locations and methods for the disposition of fetal remains;
- (B) The consent forms for purposes of subsection (d) and subdivision (e)(1);
- (C) A form that meets the following requirements:
- (i) Indicates whether the pregnant woman has indicated a preference as to the method of disposition of the fetal remains and the preferred method selected;
- (ii) Indicates whether the pregnant woman has indicated a preference as to the location of disposition of the fetal remains;
- (iii) Provides for the signature of the physician who is to perform or induce the abortion; and
- (iv) Provides for a medical identification number for the pregnant woman but does not provide for the pregnant woman's printed name or signature; and
- (D) Other forms that the commissioner determines to be necessary to ensure that the fetal remains of each unborn child are properly accounted for during transportation and delivery by and to persons and entities involved in the disposition of the fetal remains.
- (2) The commissioner of health shall promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as necessary to effectuate the purposes of this section.
- (3) The commissioner of health may consider the following when promulgating rules to effectuate the purposes of this section:
- (A) The need to clearly state in rules that the only legal methods of disposition of fetal remains are by burial or cremation, and that fetal remains cannot be disposed of as infectious waste;
- (B) Appropriate time limitations within which abortion providers and facilities must satisfy the requirements of this section; and
- (C) The need to establish procedures for the pregnant woman or the pregnant woman's authorized representative to complete the forms described in subdivision (m)(1), within a reasonable time following a medical emergency, in situations where a medical emergency prevents the pregnant woman from completing the forms.
- (n) A person who buries or cremates fetal remains from a surgical abortion is not liable for or subject to damages in a civil action, prosecution in a criminal proceeding, or professional disciplinary action related to the disposal of fetal remains, if that person does the following:
- (1) Complies in good faith with this section and, if applicable, § 62-5-502;
- (2) Receives a copy of a properly executed form described in subdivision (m)(1)(C); and
- (3) Acts in furtherance of the final disposition of the fetal remains.
- (o) A conflicting law of this state or conflicting rule of an agency or board does not apply to a person who buries or cremates fetal remains in accordance with subsection (n).
- (p) A pregnant woman who has a surgical abortion, the fetal remains from which are not disposed of in compliance with this chapter, is not guilty of committing, attempting to commit, complicity in the commission of, or conspiracy in the commission of a violation of subsection (q).
- (q) A violation of subsection (b), (g), (i), or (j) is a Class A misdemeanor.
- (r)
- (1) An abortion facility does not violate this section if, upon the request of a law enforcement officer made prior to final disposition of fetal remains, the abortion facility retains the fetal remains and permits the law enforcement officer to collect a portion or all of the fetal remains as evidence in a criminal investigation, as long as the abortion facility subsequently makes final disposition of any remaining fetal remains in accordance with this section.
- (2) An abortion facility that retains fetal remains pursuant to this subsection (r):
- (A) Shall retain all of the fetal remains of the unborn child that may remain following the collection of evidence by the law enforcement officer; and
- (B) Except for those portions of the fetal remains collected as evidence by the law enforcement officer, shall not dispose of any portion of the fetal remains of that unborn child independently of other fetal remains of the same unborn child.
- (3) A law enforcement officer that obtains fetal remains pursuant to this subsection (r), shall provide to the abortion facility documentation describing the fetal remains collected as evidence, and the abortion facility shall retain that documentation with the other documentation the abortion facility is required to retain under this section.
- (s)
- (1) A completed form described in subdivision (m)(1) is confidential and is not a public record open for inspection.
- (2) The physician that performs the abortion shall retain completed forms described in subdivision (m)(1) in the pregnant woman's medical record as a record of the disposition of the fetal remains and shall report the disposition of the fetal remains to the commissioner of health, as required under § 39-15-203.
History (2)
- Acts 2021, ch. 348, § 1
- 2023, ch. 313, § 5.
Part 3 Bigamy and Incest § 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).
History (2)
- Acts 1989, ch. 591, § 1
- 2013, ch. 227, §§ 1, 2.
§ 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.
History (3)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1030, § 25
- 2023, ch. 283, § 2.
Part 4 Children § 39-15-401. Child abuse and child neglect or endangerment. - (a) Any person who knowingly, other than by accidental means, treats a child under eighteen (18) years of age in such a manner as to inflict injury commits a Class A misdemeanor; provided, however, that, if the abused child is eight (8) years of age or less, the penalty is a Class D felony.
- (b) Any person who knowingly abuses or neglects a child under eighteen (18) years of age, so as to adversely affect the child's health and welfare, commits a Class A misdemeanor; provided, that, if the abused or neglected child is eight (8) years of age or less, the penalty is a Class E felony.
- (c)
- (1)
- (A) A parent or custodian of a child eight (8) years of age or less commits child endangerment who knowingly exposes such child to or knowingly fails to protect such child from abuse or neglect resulting in physical injury or imminent danger to the child.
- (B) For purposes of this subsection (c):
- (i) “Imminent danger” means the existence of any condition or practice that could reasonably be expected to cause death or serious bodily injury;
- (ii) “Knowingly” means the person knew, or should have known upon a reasonable inquiry, that abuse to or neglect of the child would occur which would result in physical injury to the child. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary parent or legal custodian of a child eight (8) years of age or less would exercise under all the circumstances as viewed from the defendant’s standpoint; and
- (iii) “Parent or custodian” means the biological or adoptive parent or any person who has legal custody of the child.
- (C) A violation of this subsection (c) is a Class A misdemeanor.
- (2) Unless § 40-39-211(c) applies, a parent or guardian of a child under eighteen (18) years of age who knowingly allows the child to be under the care or supervision of a person who is an offender, as defined in § 40-39-202, and required to register pursuant to title 40, chapter 39, part 2, or allows the child to be unaccompanied with a person who is required to register as a sexual offender pursuant to title 40, chapter 39, part 2, commits a Class A misdemeanor.
- (d)
- (1) Any person who negligently, by act or omission, engages in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment, commits a Class A misdemeanor; except that, if the abused child is eight (8) years of age or less, the penalty is a Class B felony.
- (2) For purposes of this subsection (d), a person engages in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if the person's conduct related to the controlled substance methamphetamine or any other controlled substance listed in chapter 17, part 4 of this title, except a Schedule VI controlled substance, exposes the child to the controlled substance and an analysis of a specimen of the child's blood, hair, fingernail, urine, or other bodily substance indicates the presence of methamphetamine or any other controlled substance listed in chapter 17, part 4 of this title, except a Schedule VI controlled substance, in the child's body.
- (e)
- (1) Any court having reasonable cause to believe that a person is guilty of violating this section shall have the person brought before the court, either by summons or warrant. No arrest warrant or summons shall be issued by any person authorized to issue the warrant or summons, nor shall criminal charges be instituted against a child's parent, guardian or custodian for a violation of subsection (a), based upon the allegation that unreasonable corporal punishment was administered to the child, unless the affidavit of complaint also contains a copy of the report prepared by the law enforcement official who investigated the allegation, or independent medical verification of injury to the child.
- (2)
- (A) As provided in this subdivision (e)(2), juvenile courts, courts of general session, and circuit and criminal courts, shall have concurrent jurisdiction to hear violations of this section.
- (B) If the person pleads not guilty, the juvenile judge or general sessions judge shall have the power to bind the person over to the grand jury, as in cases of misdemeanors under the criminal laws of this state. Upon being bound over to the grand jury, the person may be prosecuted on an indictment filed by the district attorney general and, notwithstanding § 40-13-103, a prosecutor need not be named on the indictment.
- (C) On a plea of not guilty, the juvenile court judge or general sessions judge shall have the power to proceed to hear the case on its merits, without the intervention of a jury, if the person requests a hearing in juvenile court or general sessions court and expressly waives, in writing, indictment, presentment, grand jury investigation and a jury trial.
- (D) If the person enters a plea of guilty, the juvenile court or general sessions court judge shall sentence the person under this section.
- (E) Regardless of whether the person pleads guilty or not guilty, the circuit court or criminal court shall have the power to proceed to hear the case on its merits, and, if found guilty, to sentence the person under this section.
- (f) Except as expressly provided, this section shall not be construed as repealing any provision of any other statute, but shall be supplementary to any other provision and cumulative of any other provision.
- (g) A violation of this section may be a lesser included offense of any kind of homicide, statutory assault, or sexual offense, if the victim is a child and the evidence supports a charge under this section. In any case in which conduct violating this section also constitutes assault, the conduct may be prosecuted under this section or under § 39-13-101 or § 39-13-102, or both.
- (h) As used in this section, “adversely affect the child's health and welfare” may include, but is not limited to, adverse effects on the emotional and mental health and welfare of the child, the natural effects of starvation or dehydration, or acts of female genital mutilation, as defined in § 39-13-110.
- (i) The court may, in addition to any other punishment otherwise authorized by law, order a person convicted of 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.
History (17)
- Acts 1989, ch. 591, § 1
- 1994, ch. 978, § 1
- 1996, ch. 962, § 1
- 1998, ch. 1040, § 2
- 2005, ch. 487, § 1
- 2006, ch. 939, § 1
- 2008, ch. 1024, § 1
- 2009, ch. 335, § 1
- 2009, ch. 418, § 1
- 2009, ch. 585, § 1
- 2011, ch. 313, § 1
- 2017, ch. 381, §§ 1, 2
- 2019, ch. 268, § 2
- 2021, ch. 511, § 1
- 2022, ch. 985, § 1
- 2024, ch. 885, § 1
- 2024, ch. 952, § 1.
§ 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.
History (13)
- 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
- 2016, ch. 951, § 1
- 2019, ch. 268, § 3.
§ 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.
History (3)
- Acts 1989, ch. 591, § 1
- 2008, ch. 803, § 4
- 2012, ch. 981, § 1.
§ 39-15-404. Enticing minor to purchase alcoholic beverages or beer — Giving or purchasing of alcoholic beverages or beer for minor — Allowing underage consumption of alcoholic beverages, wine, or beer. - (a) Except as provided in § 39-15-413:
- (1) It is an offense for a person to persuade, entice or send a minor to any place where alcoholic beverages, as defined in § 57-3-101(a)(1)(A), or beer, as defined in § 57-5-101(b), are sold, to buy or otherwise procure alcoholic beverages or beer in any quantity, for the use of the minor, or for the use of any other person;
- (2) It is an offense for a person to give or buy alcoholic beverages or beer for or on behalf of any minor or to cause alcohol to be given or bought for or on behalf of any minor for any purpose; and
- (3)
- (A) It is an offense for any owner, occupant, or other person having a lawful right to the exclusive use and enjoyment of property to knowingly allow a person to consume alcoholic beverages, wine, or beer on the property if the owner, occupant, or other person knows that the person consuming is a minor;
- (B) It is an affirmative defense to prosecution under subdivision (a)(3)(A) that the defendant acted upon a reasonably held belief that the minor was twenty-one (21) years of age or older;
- (C) Subdivision (a)(3)(A) does not apply to consumption or possession of a de minimis quantity of alcohol or wine by a minor as permitted by § 1-3-113(b)(2);
- (D) This subdivision (a)(3) does not affect:
- (i) Standards for imposing civil liability pursuant to §§ 57-10-101 and 57-10-102;
- (ii) Standards, established pursuant to § 37-1-156(a), for imposing criminal liability on adults who contribute or encourage the delinquency or unruly behavior of a child, as defined in § 37-1-102(b); or
- (iii) Standards, established pursuant to § 39-11-404, for imposing criminal liability on corporations.
- (b) As used in this section, “minor” means a person under twenty-one (21) years of age.
- (c) It is an affirmative defense to prosecution under this section that any person accused of giving or buying alcoholic beverages or beer for a minor acted upon a reasonably held belief that the minor was of legal age. The belief may be acquired by virtue of the minor making a false statement or presenting false identification that indicates that the minor is twenty-one (21) years of age or older.
- (d) A violation of subsection (a) is a Class A misdemeanor with a mandatory minimum fine of one thousand dollars ($1,000), and in addition to the penalties authorized by § 40-35-111, the offender shall be sentenced to one hundred (100) hours of community service work. In addition to the penalties established in this subsection (d), the court having jurisdiction over the offender may, in its discretion, prepare and send an order for denial of the offender's driving privileges to the department of safety, driver control division. The offender may apply to the court for a restricted driver license, which may be issued in accordance with § 55-50-502. In the event an offender does not possess a valid driver license, the court having jurisdiction over the offender may, in its discretion, increase the offender's sentence to a maximum of two hundred (200) hours of community service work.
- (e) If a person engages in conduct that violates this section, as well as any other section, nothing in this section shall be construed to prohibit the prosecution and conviction of the person under this section or any other applicable section.
- (f) Nothing in this section shall be construed to affect §§ 57-10-101 and 57-10-102 in any way whatsoever.
History (4)
- Acts 1989, ch. 591, § 1
- 2006, ch. 900, § 1
- 2009, ch. 564, § 1
- 2021, ch. 430, §§ 1, 2.
§ 39-15-407. Definitions for §§ 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.
History (4)
- Acts 1989, ch. 591, § 1
- 1994, ch. 872, § 11
- 2019, ch. 303, § 1
- 2020, ch. 732, §§ 3-5.
§ 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.
History (3)
- Acts 1989, ch. 591, § 1
- 1993, ch. 280, §§ 1, 2
- 1994, ch. 872, § 11.
§ 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.
History (4)
- Acts 1989, ch. 591, § 1
- 1990, ch. 980, § 7
- 1994, ch. 872, § 11
- 2020, ch. 732, § 23.
§ 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.
History (3)
- Acts 1989, ch. 591, § 1
- 1994, ch. 872, § 11
- 2020, ch. 732, § 24.
§ 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.
History (3)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1030, § 26
- 1994, ch. 872, § 11.
§ 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.
History (2)
- Acts 1989, ch. 591, § 1
- 1994, ch. 872, § 11.
§ 39-15-413. Law enforcement efforts. - (a)
- (1) It is not a violation of § 39-15-404, § 39-15-410, §§ 39-17-401 – 39-17-427, § 39-17-602, § 39-17-603, §§ 39-17-901 – 39-17-908, § 39-17-911, § 39-17-914, § 39-17-918, §§ 39-17-1003 – 39-17-1005, §§ 39-17-1501 – 39-17-1508, or any other offense providing a prohibition for use of or sales to a minor or person under twenty-one (21) years of age, for a law enforcement officer to use or send a person under twenty-one (21) years of age to purchase smoking material, smoking paraphernalia, any smokeless tobacco product, alcohol, or illegal drugs, or to send a minor to purchase a state lottery ticket or share or any other prohibited material, for the purpose of aiding in the enforcement of laws prohibiting sales to or use of minors or persons under twenty-one (21) years of age so long as the law enforcement officer has obtained the prior written approval of the minor's parent or legal guardian or the person under twenty-one (21) years of age if that person is not a minor.
- (2) It is not a violation of § 39-15-404, § 39-15-410, or §§ 39-17-1501 – 39-17-1508, or any other statute prohibiting the use, possession or sales of alcohol, beer, lottery tickets, tobacco products, smokeless tobacco or smoking material or paraphernalia to a minor or a person under twenty-one (21) years of age, for a merchant in the business of selling alcohol, beer, lottery tickets, tobacco products, smokeless tobacco or smoking material or paraphernalia, to use or send a minor, or in the case of alcohol, beer, tobacco products, smokeless tobacco, or smoking material or paraphernalia, a person under twenty-one (21) years of age, to purchase any such product for the purpose of aiding in the enforcement of laws and policies prohibiting sales by the merchant at the merchant's place of business and preventing sales of such products to or use by individuals under age from occurring.
- (b) Prior to using a minor to perform illegal or delinquent acts for the purposes of aiding in the enforcement of the laws of this state as permitted by this section, the law enforcement officer or merchant shall obtain the written approval of the minor's parent or legal guardian; provided, however, that the consent of the minor's parent or legal guardian shall not be required if the person used to make any such purchase is eighteen (18) years of age or older.
- (c) In order to use a minor, or in the case of alcohol, beer, tobacco products, smokeless tobacco, or smoking material or paraphernalia, a person under twenty-one (21) years of age, for any of the purposes permitted by this section, the requirements of this subsection (c) shall apply.
- (1) The minor or person under twenty-one (21) years of age shall not:
- (A) Purposely disguise the person's appearance so as to misrepresent the person's actual age; and
- (B) Make statements designed to trick, mislead, encourage or confuse the employee.
- (2) The minor or person under twenty-one (21) years of age shall:
- (A) Be photographed, both before and after the law enforcement or merchant-initiated use of the person, for the purpose of creating a record of the person's appearance during the time of the permitted use of the person;
- (B) Except only for those questions relating to the person's employment or purpose for engaging in the conduct, respond truthfully to all questions posed by the location employee, including, but not limited to, inquiries concerning the person's age; and
- (C) If identification is demanded by the location employee, produce only a valid state-issued card, which indicates the person's actual date of birth.
- (d) No prosecution for the violation of any statute prohibiting the sale of beer for off-premises consumption to a person under twenty-one (21) years of age shall be commenced, if the prosecution is based upon the use of a person under twenty-one (21) years of age, as authorized by this section, unless the person or the law enforcement officer supervising the person obtains the name of the permit holder and the employee of the permit holder from whom the beer was purchased or attempted to be purchased. All “stings” shall be conducted in accordance to state law in order to be valid. In addition, within ten (10) days of the date the action occurred, the law enforcement officer shall notify the permit holder in writing, either by mail or hand delivery, indicating:
-
- (1) That an action recently occurred in which a person under twenty-one (21) years of age was used to purchase or attempt to purchase beer for off-premises consumption;
- (2) The date and location of the action;
- (3) The name of the permit holder and the employee from whom the beer was purchased or attempted to be purchased; and
- (4) Whether the person was successful in making the purchase.
History (11)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1030, § 27
- 1990, ch. 1092, § 9
- 1992, ch. 802, § 1
- 1994, ch. 872, § 11
- 2003, ch. 198, §§ 1, 2
- 2003, ch. 297, §§ 9, 10
- 2006, ch. 864, § 13
- 2007, ch. 73, § 1
- 2013, ch. 319, § 1
- 2020, ch. 732, §§ 6-8.
§ 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.
History (1)
- Acts 2010, ch. 1099, § 1.
Part 5 Elderly and Vulnerable Adults § 39-15-501. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Abandonment” means the knowing desertion or forsaking of an elderly or vulnerable adult by a caregiver under circumstances in which there is a reasonable likelihood that physical harm could occur;
- (2) “Abuse” means the infliction of physical harm;
- (3) “Adult protective services” means the division of adult protective services of the department of human services;
- (4) “Caregiver”:
- (A)
- (i) Means a relative or person who has a legal duty to provide care for an elderly or vulnerable adult, whether such duty arises by the relative or person's claim or conduct, contract, or in any other fashion; or
- (ii) Means a person who is married to or in a dating, romantic, or sexual relationship with someone who qualifies as a caregiver under subdivision (4)(A)(i) and resides with or has regular contact with the elderly or vulnerable adult; and
- (B) Does not include a financial institution as a caregiver of property, funds, or other assets unless the financial institution has entered into an agreement, or has been appointed by a court of competent jurisdiction, to act as a trustee with regard to the property of the adult;
- (5) “Confinement”:
- (A) Means the knowing and unreasonable restriction of movement of an elderly or vulnerable adult by a caregiver;
- (B) Includes, but is not limited to:
- (i) Placing a person in a locked room;
- (ii) Involuntarily separating a person from the person's living area;
- (iii) The use of physical restraining devices on a person; or
- (iv) The provision of unnecessary or excessive medications to a person; and
- (C) Does not include the use of the methods or devices described in subdivision (5)(B) if used in a licensed facility in a manner that conforms to state and federal standards governing confinement and restraint;
- (6) “Elderly adult” means a person seventy (70) years of age or older;
- (7) “Financial exploitation” means:
- (A) The use of deception, intimidation, undue influence, force, or threat of force to obtain or exert unauthorized control over an elderly or vulnerable adult's property with the intent to deprive the elderly or vulnerable adult of property;
- (B) The breach of a fiduciary duty to an elderly or vulnerable adult by the person's guardian, conservator, or agent under a power of attorney which results in an appropriation, sale, or transfer of the elderly or vulnerable adult's property; or
- (C) The act of obtaining or exercising control over an elderly or vulnerable adult's property, without receiving the elderly or vulnerable adult's effective consent, by a caregiver or accomplice committed with the intent to benefit the caregiver or other third party;
- (8)
- (A) “Neglect” means:
- (i) The failure of a caregiver to provide the care, supervision, or services necessary to maintain the physical health of an elderly or vulnerable adult, including, but not limited to, the provision of food, water, clothing, medicine, shelter, medical services, a medical treatment plan prescribed by a healthcare professional, basic hygiene, or supervision that a reasonable person would consider essential for the weIl-being of an elderly or vulnerable adult;
- (ii) The failure of a caregiver to make a reasonable effort to protect an elderly or vulnerable adult from abuse, sexual exploitation, neglect, or financial exploitation by others;
- (iii) Abandonment; or
- (iv) Confinement; and
- (B) Neglect can be the result of repeated conduct or a single incident;
- (9) “Physical harm” means an action, regardless of gravity or duration, that:
- (A) Causes pain or injury; or
- (B) Would cause a reasonable person to suffer pain or injury;
- (10) “Relative” means a current or former spouse; child, including stepchild, adopted child, or foster child; parent, including stepparent, adoptive parent, or foster parent; sibling of the whole or half-blood; step-sibling; grandparent, of any degree; grandchild, of any degree; and aunt, uncle, niece, and nephew, of any degree, who:
- (A) Resides with or has frequent or prolonged contact with the elderly or vulnerable adult; and
- (B) Knows or reasonably should know that the elderly or vulnerable adult is unable to adequately provide for the adult's own care or financial resources;
- (11) “Serious physical harm” means physical harm of such gravity that:
- (A) Would normally require medical treatment or hospitalization;
- (B) Involves acute pain of such duration that it results in substantial suffering;
- (C) Involves any degree of prolonged pain or suffering; or
- (D) Involves any degree of prolonged incapacity;
- (12) “Serious psychological injury” means any mental harm that would normally require extended medical treatment, including hospitalization or institutionalization, or mental harm involving any degree of prolonged incapacity;
- (13) “Sexual exploitation” means an act committed upon or in presence of an elderly or vulnerable adult, without that adult's effective consent, that is committed for the purpose of sexual arousal or gratification, or for the purpose of dissemination to others by a person who knew or should have known the act would offend or embarrass a reasonable person. “Sexual exploitation” includes, but is not limited to, sexual contact, as defined in § 39-13-501; exposure of genitals to an elderly or vulnerable adult; exposure of sexual acts to an elderly or vulnerable adult; exposure of an elderly or vulnerable adult's sexual organs; an intentional act or statement by a person intended to shame, degrade, humiliate, or otherwise harm the personal dignity of an elderly or vulnerable adult; or an act or statement by a person who knew or should have known the act or statement would cause shame, degradation, humiliation, or harm to the personal dignity of an elderly or vulnerable adult. “Sexual exploitation” does not include any act intended for a valid medical purpose, or any act reasonably intended to be a normal caregiving act, such as bathing by appropriate persons at appropriate times; and
- (14) “Vulnerable adult” means a person eighteen (18) years of age or older who, because of intellectual disability or physical dysfunction, is unable to fully manage the person's own resources, carry out all or a portion of the activities of daily living, or fully protect against neglect, exploitation, or hazardous or abusive situations without assistance from others.
History (4)
- Acts 2017, ch. 466, § 2
- 2018, ch. 1050, § 2
- 2019, ch. 474, §§ 2-4
- 2021, ch. 500, §§ 5-10.
§ 39-15-502. Offense of financial exploitation of elderly or vulnerable person. - (a) It is an offense for any person to knowingly financially exploit an elderly or vulnerable adult.
- (b) A violation of this section shall be punished as theft pursuant to § 39-14-105; provided, however, that the violation shall be punished one (1) classification higher than is otherwise provided in § 39-14-105.
- (c)
- (1) If a person is charged with financial exploitation that involves the taking or loss of property valued at more than five thousand dollars ($5,000), a prosecuting attorney may file a petition with the circuit, general sessions, or chancery court of the county in which the defendant has been charged to freeze the funds, assets, or property of the defendant in an amount up to one hundred percent (100%) of the alleged value of funds, assets, or property in the defendant's pending criminal proceeding for purposes of restitution to the victim. The hearing on the petition may be held ex parte if necessary to prevent additional exploitation of the victim.
- (2) Upon a showing of probable cause in the ex parte hearing, the court shall issue an order to freeze or seize the funds, assets, or property of the defendant in the amount calculated pursuant to subdivision (c)(1). A copy of the freeze or seize order shall be served upon the defendant whose funds, assets, or property has been frozen or seized.
- (3) The court's order shall prohibit the sale, gifting, transfer, or wasting of the funds, assets, or property of the elderly or vulnerable adult, both real and personal, owned by, or vested in, such person, without the express permission of the court.
- (4) At any time within thirty (30) days after service of the order to freeze or seize funds, assets, or property, the defendant or any person claiming an interest in the funds, assets, or property may file a motion to release the funds, assets, or property. The court shall hold a hearing on the motion no later than ten (10) days from the date the motion is filed.
- (d) In any proceeding to release funds, assets, or property, the state has the burden of proof, by a preponderance of the evidence, to show that the defendant used, was using, is about to use, or is intending to use any funds, assets, or property in any way that constitutes or would constitute an offense under subsection (a). If the court finds that any funds, assets, or property were being used, are about to be used, or are intended to be used in any way that constitutes or would constitute an offense under subsection (a), the court shall order the funds, assets, or property frozen or held until further order of the court.
- (e) If the prosecution of a charge under subsection (a) is dismissed or a nolle prosequi is entered, or if a judgment of acquittal is entered, the court shall vacate the order to freeze or seize the funds, assets, or property.
- (f) In addition to other remedies provided by law, an elderly or vulnerable adult in that person's own right, or by conservator or next friend, has a right of recovery in a civil action for financial exploitation or for theft of the person's money or property whether by fraud, deceit, coercion, or otherwise. The right of action against a wrongdoer shall not abate or be extinguished by the death of the elderly or vulnerable adult, but passes as provided in § 20-5-106, unless the alleged wrongdoer is a relative, in which case the cause of action passes to the victim's personal representative.
§ 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.
§ 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.
History (2)
- Acts 2017, ch. 466, § 2
- 2021, ch. 500, § 11.
§ 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.
History (2)
- Acts 2017, ch. 466, § 2
- 2021, ch. 500, § 12.
§ 39-15-506. Placement on registry — Fine. - (a)
- (1) Following a conviction for a violation of § 39-15-502, § 39-15-507(b) or (c), § 39-15-508, § 39-15-510, § 39-15-511, or § 39-15-512, or an attempt to commit any of those offenses, or at the discretion of the court for a conviction of § 39-15-507(d), the clerk of the court shall notify the health facilities commission, created by § 68-11-1604, of the conviction within ninety (90) calendar days of the date of the conviction by sending a copy of the judgment in the manner set forth in § 68-11-1003 for inclusion on the registry pursuant to title 68, chapter 11, part 10.
- (2) Upon receipt of a judgment of conviction for a violation of an offense set out in subdivision (a)(1), the commission shall place the person or persons convicted on the registry of persons who have abused, neglected, or financially exploited an elderly or vulnerable adult as provided in § 68-11-1003(c).
- (3) Upon entry of the information in the registry, the commission shall notify the person convicted, at the person's last known mailing address, of the person's inclusion on the registry. The person convicted shall not be entitled or given the opportunity to contest or dispute either the prior hearing conclusions or the content or terms of any criminal disposition, or attempt to refute the factual findings upon which the conclusions and determinations are based. The person convicted may challenge the accuracy of the report that the criminal disposition has occurred, such hearing conclusions were made, or any factual issue related to the correct identity of the person. If the person convicted makes such a challenge within sixty (60) days of notification of inclusion on the registry, the executive director of the health facilities commission, or the executive director's designee, shall afford the person an opportunity for a hearing on the matter that complies with the requirements of due process and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
- (b)
- (1) In addition to any other punishment that may be imposed for a violation of § 39-15-502, § 39-15-507, § 39-15-508, § 39-15-510, § 39-15-511, or § 39-15-512, the court shall impose a fine of not less than five hundred dollars ($500) for Class A or Class B misdemeanor convictions, and a fine of not less than one thousand dollars ($1,000) for felony convictions. The fine shall not exceed the maximum fine established for the appropriate offense classification.
- (2) The person convicted shall pay the fine to the clerk of the court imposing the sentence, who shall transfer it to the district attorney of the judicial district in which the case was prosecuted. The district attorney shall credit the fine to a fund established for the purpose of educating, enforcing, and providing victim services for elderly and vulnerable adult prosecutions.
History (5)
- Acts 2017, ch. 466, § 2
- 2018, ch. 1050, §§ 3, 4
- 2019, ch. 474, §§ 5, 6
- 2021, ch. 500, § 13
- 2023, ch. 103, §§ 1-3.
§ 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.
History (2)
- Acts 2018, ch. 1050, § 5
- 2019, ch. 474, § 7.
§ 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.
History (1)
- Acts 2018, ch. 1050, § 5.
§ 39-15-509. Report of abuse, sexual exploitation, neglect, or financial exploitation to adult protective services — Report of rape or sexual battery to adult protective services and law enforcement agency — Failure to make report. - (a)
- (1) Any person having reasonable suspicion that an elderly or vulnerable adult is suffering or has suffered abuse, sexual exploitation, neglect, or financial exploitation shall report such neglect or financial exploitation to adult protective services pursuant to title 71, chapter 6.
- (2) Any person having reasonable suspicion that an elderly or vulnerable adult is the victim of aggravated rape pursuant to § 39-13-502, rape pursuant to § 39-13-503, aggravated sexual battery pursuant to § 39-13-504, or sexual battery pursuant to § 39-13-505, shall report the conduct to adult protective services pursuant to title 71, chapter 6, and to the local law enforcement agency in the jurisdiction where the offense occurred.
- (b) Any person who fails to make reasonable efforts to make a report required by subsection (a) or by title 71, chapter 6, commits a Class A misdemeanor.
- (c) Upon good cause shown, adult protective services shall cooperate with law enforcement to identify those persons who knowingly fail to report abuse, sexual exploitation, neglect, or financial exploitation of an elderly or vulnerable adult.
- (d)
- (1) This section does not apply to a financial service provider or to an employee of a financial service provider acting within the scope of the employee's employment except as provided by title 45, chapter 2, part 12.
- (2) As used in subdivision (d)(1), “financial service provider” means any of the following engaged in or transacting business in this state:
- (A) A state or national bank or trust company;
- (B) A state or federal savings and loan association;
- (C) A state or federal credit union;
- (D) An industrial loan and thrift company, regulated by title 45, chapter 5;
- (E) A money transmitter, regulated by title 45, chapter 7;
- (F) A check casher, regulated by title 45, chapter 18;
- (G) A mortgage loan lender, mortgage loan broker, mortgage loan originator, or mortgage loan servicer, regulated by title 45, chapter 13;
- (H) A title pledge lender, regulated by title 45, chapter 15;
- (I) A deferred presentment services provider, regulated by title 45, chapter 17;
- (J) A flex loan provider, regulated by title 45, chapter 12; or
- (K) A home equity conversion mortgage lender, regulated by title 47, chapter 30.
- (e) Upon commencement of criminal prosecution of abuse, sexual exploitation, neglect, or financial exploitation of an elderly or vulnerable adult, adult protective services shall provide to the district attorney general a complete and unredacted copy of adult protective services' entire investigative file excluding the identity of the referral source except as provided by subsection (f).
- (f) Upon return of a criminal indictment or presentment alleging abuse, sexual exploitation, neglect, or financial exploitation of an elderly or vulnerable adult, adult protective services shall provide to the district attorney general the identity of the person who made the report in accordance with § 71-6-118.
History (2)
- Acts 2018, ch. 1050, § 5
- 2019, ch. 474, §§ 8-11.
§ 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.
History (1)
- Acts 2019, ch. 474, § 12.
§ 39-15-514. Jurisdiction. - The circuit, general sessions, and chancery courts have jurisdiction over proceedings arising under this part.
History (1)
- Acts 2021, ch. 500, § 14.
Chapter 16 Offenses Against Administration of Government Part 1 Bribery § 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.
§ 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.
History (3)
- Acts 1989, ch. 591, § 1
- 2006 (1st Ex. Sess.), ch. 2, § 1
- 2014, ch. 982, § 1.
§ 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.
History (2)
- Acts 1989, ch. 591, § 1
- 2006 (1st Ex. Sess.), ch. 1, § 48.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
Part 2 Contraband in Penal Institutions § 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).
History (6)
- Acts 1989, ch. 591, § 1
- 1994, ch. 629, §§ 1, 2
- 2006, ch. 1006, §§ 1-3
- 2012, ch. 848, § 15
- 2019, ch. 486, § 7
- 2021, ch. 236, §§ 1, 2.
§ 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.
Part 3 False Personation § 39-16-301. Criminal impersonation. - (a) A person commits criminal impersonation who, with intent to injure or defraud another person:
- (1) Assumes a false identity;
- (2) Pretends to be a representative of some person or organization;
- (3) Pretends to be an officer or employee of the government; or
- (4) Pretends to have a disability.
- (b) A person commits criminal impersonation who pretends to be a law enforcement officer for the purpose of:
- (1) Engaging in an activity that is ordinarily and customarily an activity established by law as a law enforcement activity; and
- (2) Causing another to believe that the person is a law enforcement officer.
- (c)
- (1) A person commits criminal impersonation who, with the intent to obtain money, property, services, or any other tangible benefit, pretends to be an active duty member or veteran of uniformed service by:
- (A) Wearing the uniform, rank, medals, devices, or insignia of a uniformed service of which the person is not a member or veteran or to which the person has not earned or been awarded;
- (B) Fraudulently representing to another, or misleading another to believe, that the person is the recipient of a military rank, medal, device, insignia, award, decoration, ribbon, tab, or other service recognition that the person has not received or earned; or
- (C) Presenting false identification, documentation, or certification to include, without limitation:
- (i) United States department of defense identification cards;
- (ii) Military forms showing release or discharge from active duty, including department of defense form 214 (DD 214) or equivalent forms;
- (iii) United States department of veteran affairs identification cards; or
- (iv) Certifications or qualifications indicating uniformed service training or education.
- (2) This subsection (c) shall not be construed to prevent members of organizations known as the Boy Scouts of America, or the naval militia, or such other organizations as the secretary of defense may designate, from wearing their prescribed uniforms; nor to prevent persons who in time of war have served honorably in the armed forces of the United States, from wearing the uniform as may be prescribed by the laws of the United States; nor to prevent other duly designated organizations, schools, colleges, universities, cadet corps, military societies, or instructors, from wearing the uniform as prescribed by the laws of the United States; nor to prevent the wearing of the uniform in playhouses, theaters, or motion pictures, as may be prescribed by the laws of the United States; and provided further, that the members of the military societies and instructors and members of the cadet corps mentioned in this subdivision (c)(2) shall not wear the insignia of rank prescribed to be worn by officers of the armed forces of the United States, or any similar insignia of rank.
- (d)
- (1) Criminal impersonation under subsection (a) is a Class B misdemeanor. However, if the criminal impersonation was committed to falsely obtain a driver license or photo identification license, the maximum fine of five hundred dollars ($500) shall be imposed. If any person commits the offense of criminal impersonation under subsection (a) while pretending to be a firefighter, medical fire responder, paramedic, emergency medical technician, or any other first responder and while operating a motor vehicle pursuant to § 55-9-201(d), § 55-9-402(g), or § 55-9-414(f), then the offense is a Class A misdemeanor.
- (2) Criminal impersonation under subsection (b) or (c) is a Class A misdemeanor. However, if any person commits criminal impersonation of a law enforcement officer under subsection (b) while operating a motor vehicle pursuant to § 55-9-201(d), § 55-9-402(g), or § 55-9-414(f), then the maximum fine for the offense shall be five thousand dollars ($5,000).
- (3) All revenue collected from the fines imposed for a conviction of subsection (c) must be paid into the general fund. It is the intent of the general assembly that an amount equal to the revenue collected from the fines imposed for a conviction under subsection (c) be allocated to assist in veteran property tax relief, subject to the general appropriations act.
- (e) For purposes of this section, “uniformed service” means:
- (1) Active and reserve components of the army, navy, air force, marine corps, or coast guard of the United States;
- (2) The commissioned corps of the United States public health service;
- (3) The commissioned corps of the national oceanic and atmospheric administration of the United States; or
- (4) The national guard of a state.
History (7)
- Acts 1989, ch. 591, § 1
- 1990, ch. 983, § 1
- 1999, ch. 374, § 2
- 2007, ch. 355, § 1
- 2011, ch. 47, § 31
- 2014, ch. 710, §§ 8, 9
- 2018, ch. 914, § 2.
§ 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.
§ 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.
History (2)
- Acts 1990, ch. 983, § 2
- 2006, ch. 986, § 5.
§ 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.
History (2)
- Acts 2019, ch. 236, § 1
- 2023, ch. 194, §§ 2, 3.
Part 4 Misconduct Involving Public Officials and Employees § 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.
§ 39-16-402. Official misconduct. - (a) A public servant commits an offense who, with intent to obtain a benefit or to harm another, intentionally or knowingly:
- (1) Commits an act relating to the public servant's office or employment that constitutes an unauthorized exercise of official power;
- (2) Commits an act under color of office or employment that exceeds the public servant's official power;
- (3) Refrains from performing a duty that is imposed by law or that is clearly inherent in the nature of the public servant's office or employment;
- (4) Violates a law relating to the public servant's office or employment; or
- (5) Receives any benefit not otherwise authorized by law.
- (b) For purposes of subdivision (a)(2), a public servant commits an act under color of office or employment who acts or purports to act in an official capacity or takes advantage of the actual or purported capacity.
- (c)
- (1) For purposes of subdivision (a)(5), the ways in which a public servant receives a benefit not otherwise authorized by law include, but are not limited to, a public servant who:
- (A) Purchases real property or otherwise obtains an option to purchase real property with intent to make a profit if the public servant knows that such real property may be purchased by a governmental entity and such information is not public knowledge; or
- (B) Acquires nonpublic information derived from such person's position as a public servant or gained from the performance of such person's official duties as a public servant and knowingly acts on such nonpublic information to acquire, or obtain an option to acquire, or liquidate, tangible or intangible personal property with intent to make a profit.
- (2) Ouster provisions shall be instituted upon a conviction under subsection (a) in which the conduct described in subsection (c) is the basis of the violation. In addition any person convicted of such offense shall forever afterward be disqualified from holding any office under the laws or constitution of this state.
- (d) It is a defense to prosecution for this offense that the benefit involved was a trivial benefit incidental to personal, professional or business contact, and involved no substantial risk of undermining official impartiality.
- (e)
- (1) An offense under subsection (a) in which the conduct described in subsection (c) is not the basis of the violation is a Class E felony.
- (2) An offense under subsection (a) in which the conduct described in subsection (c) is the basis of the violation is a Class A misdemeanor and the court shall order appropriate restitution to the governmental entity harmed by the offense.
- (3) If the defendant's conduct violates this section and other criminal statutes, nothing in this subsection (e) shall be construed as prohibiting prosecution and conviction for theft or any other such applicable offense in addition to or in lieu of prosecution and conviction for a violation of this section.
- (f) Charges for official misconduct 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.
History (3)
- Acts 1989, ch. 591, § 1
- 1990, ch. 980, § 10
- 2012, ch. 966, §§ 1, 2.
§ 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.
History (2)
- Acts 1989, ch. 591, § 1
- 1990, ch. 980, § 11.
§ 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.
§ 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.
§ 39-16-406. Suspension, removal and discharge from office. - (a) A public servant convicted under § 39-16-402, § 39-16-403 or § 39-16-404 shall be removed from office or discharged from the position.
- (b) A public servant elected or appointed for a specified term shall be:
- (1) Suspended without pay immediately upon conviction in the trial court through the final disposition of the case;
- (2) Removed from office for the duration of the term during which the conviction occurred if the conviction becomes final; and
- (3) Barred from holding any appointed or elected office for ten (10) years from the date the conviction becomes final.
- (c) A public servant who serves at-will shall be discharged upon conviction in the trial court. Subsequent public service shall rest with the hiring or appointing authority; provided, that the authority has been fully informed of the conviction.
§ 39-16-408. Sexual contact with inmates. - (a) For purposes of this section, unless the context otherwise requires:
- (1) “Law enforcement officer” and “correctional employee” include a person working in that capacity as a private contractor or employee of a private contractor; and
- (2) “Volunteer” means any person who, after fulfilling the appropriate policy requirements, is assigned to a volunteer job and provides a service without pay from the correctional agency, except for compensation for those expenses incurred directly as a result of the volunteer service.
- (b) It is an offense for a law enforcement officer, correctional employee, vendor or volunteer to engage in sexual contact or sexual penetration, as such terms are defined in § 39-13-501, with a prisoner or inmate who is in custody at a penal institution as defined in § 39-16-601, whether the conduct occurs on or off the grounds of the institution.
- (c) A violation of this section is a Class E felony.
History (3)
- Acts 1997, ch. 388, § 1
- T.C.A. § 41–21–241
- Acts 2006, ch. 1005, § 2.
§ 39-16-409. Sexual contact with probationer or parolee. - (a) For purposes of this section, unless the context otherwise requires:
- (1) “Probation and parole officer” means a probation and parole officer as defined in § 40-28-102; and
- (2) “Probationer or parolee” means any individual who is placed on probation or parole, as defined in § 40-28-102, and who is under the active supervision of the department of correction. For the purpose of this section only, “probationer or parolee” does not include the lawful spouse of a probation and parole officer who is placed under the supervision of the department of correction subsequent to the marriage.
- (b) It is an offense for a probation and parole officer to engage in sexual contact or sexual penetration, as defined in § 39-13-501, whether consensual or nonconsensual, with a probationer or parolee who is under the supervision of the department of correction; provided, that the probation or parole officer knows or reasonably should know the person is a probationer or parolee.
- (c) A violation of this section is a Class E felony.
History (2)
- Acts 2008, ch. 1200, § 1
- 2012, ch. 727, § 7.
§ 39-16-410. Unlawful acts related to audits. - (a) It is an offense for a supervisor to intentionally:
- (1) Instruct, direct, or encourage an employee to make a false statement, entry, notation, or report during or in relation to an audit;
- (2) Alter, destroy, or conceal information, documentation, or material having evidentiary value to an audit; or
- (3) Interfere with, impede, obstruct, or limit access to any information, documentation, or communication that is requested during or in relation to an audit.
- (b) It is an offense for an employee to intentionally interfere with, impede, or obstruct any information, documentation, or communication that is requested during or in relation to the audit if that employee, based on experience, training, and longevity, knew or should have known what information, documentation, or communication was being requested.
- (c) A violation of subsection (a) or (b) is a Class A misdemeanor.
- (d) Charges for a violation of subsection (a) or (b) 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.
- (e) As used in this section, unless the context otherwise requires:
- (1) “Audit” means any audit or investigation conducted by or on behalf of the comptroller of the treasury;
- (2) “Employee” means an individual who works under a supervisor and who receives compensation from the state;
- (3) “Limit access” means any time a supervisor requires the presence of a supervisor before:
- (A) Allowing information to be reviewed during the audit process; or
- (B) Allowing communication between employees and auditors or investigators of the comptroller of the treasury; and
- (4) “Supervisor” means an employee of the state who manages, supervises, directs, or controls the employment status, work, or responsibility of any employee. “Supervisor” includes, but is not limited to, any commissioner, executive director, or staff director.
Part 5 Interference with Government Operations § 39-16-501. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Public servant” means a person elected, selected, employed or otherwise designated as one (1) of the following, even if the person 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 or other person who is authorized by law or private written contract to hear or determine a controversy;
- (D) An attorney or notary public performing a governmental function;
- (E) A candidate for nomination or election to public office; or
- (F) A nominee, member, representative, or other holder of a position on a board, commission, or public body of the state or a political subdivision thereof; and
- (2) “Statement” means any representation of fact.
History (2)
- Acts 1989, ch. 591, § 1
- 2022, ch. 1142, § 1.
§ 39-16-502. False reports. - (a) It is unlawful for any person to:
- (1) Initiate a report or statement to a law enforcement officer concerning an offense or incident within the officer's concern knowing that:
- (A) The offense or incident reported did not occur;
- (B) The person has no information relating to the offense or incident reported; or
- (C) The information relating to the offense reported is false; or
- (2) Make a report or statement in response to a legitimate inquiry by a law enforcement officer concerning a material fact about an offense or incident within the officer's concern, knowing that the report or statement is false and with the intent to obstruct or hinder the officer from:
- (A) Preventing the offense or incident from occurring or continuing to occur; or
- (B) Apprehending or locating another person suspected of committing an offense; or
- (3) Intentionally initiate or circulate a report of a past, present, or impending bombing, active shooter, hostage situation, fire, or other emergency, knowing that the report is false or baseless and knowing:
- (A) It will cause action of any sort by an official or volunteer agency organized to deal with those emergencies, including, but not limited to, action by a special weapons and tactics team or other division of law enforcement designed to deal with high-risk situations;
- (B) It will place a person in fear of imminent serious bodily injury; or
- (C) It will prevent or interrupt the occupation of:
- (i) Any building, place of assembly, form of conveyance, or any other place to which the public has access; or
- (ii) A private residence or residential building.
- (b)
- (1) A violation of subdivision (a)(1) or (a)(2) is a Class D felony.
- (2) A violation of subdivision (a)(3) is a Class C felony.
History (6)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1030, § 28
- 1998, ch. 690, § 1
- 2000, ch. 976, § 1
- 2002, ch. 849, § 6
- 2024, ch. 794, § 1.
§ 39-16-503. Tampering with or fabricating evidence. - (a) It is unlawful for any person, knowing that an investigation or official proceeding is pending or in progress, to:
- (1) Alter, destroy, or conceal any record, document or thing with intent to impair its verity, legibility, or availability as evidence in the investigation or official proceeding; or
- (2) Make, present, or use any record, document or thing with knowledge of its falsity and with intent to affect the course or outcome of the investigation or official proceeding.
- (b) A violation of this section is a Class C felony.
§ 39-16-504. Destruction of and tampering with governmental records. - (a) It is unlawful for any person to:
- (1) Knowingly make a false entry in, or false alteration of, a governmental record;
- (2) Make, present, or use any record, document or thing with knowledge of its falsity and with intent that it will be taken as a genuine governmental record; or
- (3) Intentionally and unlawfully destroy, conceal, remove or otherwise impair the verity, legibility or availability of a governmental record.
- (b) A violation of this section is a Class E felony.
- (c)
- (1) Upon notification from any public official having custody of government records, including those created by municipal, county or state government agencies, that records have been unlawfully removed from a government records office, appropriate legal action may be taken by the city attorney, county attorney or attorney general, as the case may be, to obtain a warrant for possession of any public records which have been unlawfully transferred or removed in violation of this section.
- (2) The records shall be returned to the office of origin immediately after safeguards are established to prevent further recurrence of unlawful transfer or removal.
History (3)
- Acts 1989, ch. 591, § 1
- 1998, ch. 906, § 1
- 2019, ch. 495, § 1.
§ 39-16-506. Coercion of employee who is public servant by employer or agent of employer. - (a) As used in this section:
- (1) “Coercion” means a threat, however communicated, to:
- (A) Commit any offense;
- (B) Wrongfully accuse any person of any offense;
- (C) Expose any person to hatred, contempt, or ridicule;
- (D) Harm the credit or business repute of any person; or
- (E) Take or withhold action related to the employment of a public servant or a family member of a public servant;
- (2) “Employee” includes, but is not limited to:
- (A) A person employed by the state or any municipality, county, department, board, commission, agency, instrumentality, political subdivision, or any other entity of the state;
- (B) A person employed by a private employer; or
- (C) A person who receives compensation from the federal government for services performed for the federal government, notwithstanding that the person is not a full-time employee of the federal government; and
- (3) “Employer” includes, but is not limited to:
- (A) The state or any municipality, county, department, board, commission, agency, instrumentality, political subdivision, or any other entity of the state;
- (B) A private employer; or
- (C) The federal government, as to an employee who receives compensation from the federal government for services performed for the federal government, notwithstanding that the person is not a full-time federal employee.
- (b) An employer, or an agent of an employer acting on behalf of the employer, commits an offense who by means of coercion:
- (1) Influences or attempts to influence an employee who is a public servant to vote or not to vote in a particular manner; or
- (2) Influences or attempts to influence an employee who is a public servant to resign as a public servant or unnecessarily recuse themselves from a public body with the intent to influence the action or inaction of a public body.
- (c) A violation of this section is a Class E felony.
History (1)
- Acts 2022, ch. 1142, § 2.
§ 39-16-507. Coercion or persuasion of witness. - (a) A person commits an offense who, by means of coercion, influences or attempts to influence a witness or prospective witness in an official proceeding with intent to influence the witness to:
- (1) Testify falsely;
- (2) Withhold any truthful testimony, truthful information, document or thing; or
- (3) Elude legal process summoning the witness to testify or supply evidence, or to be absent from an official proceeding to which the witness has been legally summoned.
- (b) A violation of this section is a Class D felony.
- (c) A defendant in a criminal case involving domestic assault, pursuant to § 39-13-111, or a person acting at the direction of the defendant, commits an offense who, by any means of persuasion that is not coercion, intentionally influences or attempts to influence a witness or prospective witness in an official proceeding to:
- (1) Testify falsely;
- (2) Withhold any truthful testimony, information, document, or evidence; or
- (3) Elude legal process summoning the witness to testify or supply evidence, or to be absent from an official proceeding to which the witness has been legally summoned.
- (d) A violation of subsection (c) is a Class A misdemeanor and, upon conviction, the sentence runs consecutively to the sentence for any other offense that is based in whole or in part on the factual allegations about which the person was seeking to influence a witness.
- (e) Nothing in this section shall operate to impede the investigative activities of an attorney representing a defendant.
History (3)
- Acts 1989, ch. 591, § 1
- 1990, ch. 980, § 8
- 2019, ch. 104, § 1.
§ 39-16-508. Coercion of juror. - (a) A person commits an offense who by means of coercion:
- (1) Influences or attempts to influence a juror in the exercise of the juror's official power or in the performance of the juror's official duty; or
- (2) Influences or attempts to influence a juror not to vote or to vote in a particular manner.
- (b) A violation of this section is a Class E felony.
§ 39-16-509. Improper influence of juror. - (a) A person commits an offense who privately communicates with a juror with intent to influence the outcome of the proceeding on the basis of considerations other than those authorized by law.
- (b) A violation of this section is a Class A misdemeanor.
§ 39-16-510. Retaliation for past action. - (a)
- (1) A person commits the offense of retaliation for past action who harms or threatens to harm a witness at an official proceeding, judge, district attorney general, an assistant district attorney general, an employee of the district attorney general or a law enforcement officer, clerk, employee of the clerk, juror or former juror, or a family member of any such person, by any unlawful act in retaliation for anything the witness, judge, district attorney general, assistant district attorney general, employee of the district attorney general or a law enforcement officer, clerk, employee of the clerk, or juror did in an official capacity as witness, judge, district attorney general, assistant district attorney general, employee of the district attorney general or a law enforcement officer, clerk, employee of the clerk, or juror. The offense of retaliation for past action shall not apply to an employee of a clerk who harms or threatens to harm the clerk.
- (2) For purposes of subdivision (a)(1), “family member” means the spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half-brother, half-sister, adopted children of the parent, or the spouse's parents.
- (b) A violation of this section is a Class E felony.
History (6)
- Acts 1989, ch. 591, § 1
- 1990, ch. 980, § 29
- 1998, ch. 882, § 1
- 2000, ch. 953, § 1
- 2004, ch. 818, § 1
- 2014, ch. 504, § 1.
§ 39-16-511. Compensation for past action. - (a) A person commits an offense who offers, confers, or agrees to confer any benefit upon a juror for the juror's having exercised the juror's official power or performed the juror's official duty in favor of the person or another.
- (b) A violation of this section is a Class A misdemeanor.
§ 39-16-513. Defense. - It is a defense to prosecution under §§ 39-16-511 and 39-16-512 that the benefit involved was a trivial benefit incidental to personal, professional, or business contacts, which involves no substantial risk of undermining official juror impartiality.
§ 39-16-515. Pointing a laser at a law enforcement officer or emergency personnel. - (a) It is an offense for a person to knowingly activate and point a laser pointer or other device utilizing a laser beam at an individual known to be a law enforcement officer, firefighter, emergency medical technician or other emergency service personnel while the individual is in the performance of the individual's official duties, with the intent to place the individual in fear of serious bodily injury or death.
- (b) In order for subsection (a) to apply:
- (1) The law enforcement officer, firefighter, emergency medical technician, or other emergency service personnel must actually be placed in fear of serious bodily injury or death;
- (2) The fear must be real or honestly believed to be real at the time; and
- (3) Based upon the facts and circumstances surrounding the defendant's conduct, the fear must be founded upon reasonable grounds.
- (c) It is an offense for a person to knowingly shine or aim a light, laser, horn, or other mechanism towards the head of a law enforcement officer, firefighter, emergency medical technician, or other emergency service personnel while the individual is in the performance of the individual's official duties with intent to cause bodily injury.
- (d)
- (1) A violation of subsection (a) is a Class A misdemeanor.
- (2) A violation of subsection (c) is a Class A misdemeanor, and includes a mandatory fine of five thousand dollars ($5,000) and a mandatory minimum sentence of thirty (30) days incarceration. The defendant shall not be eligible for release from confinement until the defendant has served the entire thirty-day mandatory minimum sentence.
History (3)
- Acts 1999, ch. 146, § 1
- 2009, ch. 387, §§ 1, 2
- 2020 (2nd Ex. Sess.), ch. 3, § 24.
§ 39-16-516. Traffic offense citation quotas — Performance standards. - (a) A public official or public employee shall not establish or maintain, formally or informally, a plan to evaluate, promote, compensate, or discipline a law enforcement officer solely by the issuance of a predetermined or specified number of any type or combination of types of traffic citations.
- (b) A public official or public employee shall not require or suggest to a law enforcement officer that the law enforcement officer is required or expected to issue a predetermined or specified number of any type or combination of types of traffic citations within a specified period.
- (c) Nothing in this section prohibits a municipal corporation, a political subdivision, or any agency of this state from establishing performance standards for law enforcement officers that include issuance of traffic citations but do not require issuance of a predetermined or specified number or any type or combination of types of citations as the sole means of meeting the performance standards.
- (d) A violation of this section is a Class B misdemeanor, subject to fine only.
- (e) As used in this section:
- (1) “Public employee” means any person holding a position by appointment or employment in the service of a public employer;
- (2) “Public employer” means:
- (A) The state of Tennessee; or
- (B) A county, city, town, municipality, or any other political subdivision of the state;
- (3) “Public official” means a person elected to any office or entity of state or local government; and
- (4) “Traffic offense” means an offense under title 55.
History (2)
- Acts 2010, ch. 1000, § 1
- 2020, ch. 801, § 1.
§ 39-16-517. Threat of mass violence on school property or at school-related activity. - (a) As used in this section:
- (1) “Mass violence” means any act which a reasonable person would conclude could lead to the serious bodily injury, as defined in § 39-11-106, or the death of two (2) or more persons;
- (2) “Means of communication” means direct and indirect verbal, written, or electronic communications, including graffiti, pictures, diagrams, telephone calls, voice over internet protocol calls, video messages, voice mails, electronic mail, social media posts, instant messages, chat group posts, text messages, and any other recognized means of conveying information;
- (3) “School” means any public or private elementary school, middle school, high school, college of applied technology, postsecondary vocational or technical school, or two-year or four-year college or university; and
- (4) “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)
- (1) A person who recklessly, by any means of communication, threatens to commit an act of mass violence on school property or at a school-related activity commits a Class E felony.
- (2) This section does not apply to a person with an intellectual disability, as defined in § 33-1-101.
- (c) As a condition of bail or other pretrial release, the court may, in its discretion, order the defendant to undergo an evaluation, under § 33-7-301, to determine whether the defendant poses a substantial likelihood of serious harm to the person or others.
- (d)
- (1) Any person who has knowledge of a threat of mass violence on school property or at a school-related activity shall report the threat immediately to:
- (A) The local law enforcement agency with jurisdiction over the school property or school-related activity; and
- (B) The school that is subject to the threat of mass violence.
- (2) The report must include, to the extent known by the reporter, the nature of the threat of mass violence, the name and address of the person making the threat, the facts requiring the report, and any other pertinent information.
- (3) Any person who has knowledge of a threat of mass violence on school property or at a school-related activity and knowingly fails to report the threat commits a Class B misdemeanor.
- (e) In addition to any other penalty authorized by law, a sentencing court may order a person convicted under subsection (b) to pay restitution, including costs and damages resulting from the disruption of the normal activity that would have otherwise occurred on the school property or at the school-related activity but for the threat to commit an act of mass violence.
- (f) If a juvenile is adjudicated delinquent for a violation of subsection (b) pursuant to title 37, chapter 1, part 1, then the disposition must include, in addition to any other disposition authorized by law, the suspension of the juvenile's driving privileges or ability to obtain a driver license for a period of one (1) year in accordance with the procedure set out in title 55, chapter 10, part 7.
History (3)
- Acts 2021, ch. 395, § 1
- 2024, ch. 727, § 1
- 2024, ch. 887, § 1.
Part 6 Obstruction of Justice § 39-16-601. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Complaining witness” means a person who signs a criminal complaint;
- (2) “Custody” means under arrest by a law enforcement officer or under restraint by a public servant pursuant to an order of a court;
- (3) “Escape” means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period, but does not include a violation of conditions of probation or parole; and
- (4) “Penal institution” includes any institution or facility used to house or detain a person:
- (A) Convicted of a crime;
- (B) Adjudicated delinquent by a juvenile court;
- (C) Who is in direct or indirect custody after a lawful arrest; or
- (D) When such institution or facility is a court-operated long-term residential substance abuse facility.
History (3)
- Acts 1989, ch. 591, § 1
- 1996, ch. 1079, § 125
- 2010, ch. 1124, § 3.
§ 39-16-602. Resisting stop, frisk, halt, arrest or search — Prevention or obstruction of service of legal writ or process. - (a) It is an offense for a person to intentionally prevent or obstruct anyone known to the person to be a law enforcement officer, or anyone acting in a law enforcement officer's presence and at the officer's direction, from effecting a stop, frisk, halt, arrest or search of any person, including the defendant, by using force against the law enforcement officer or another.
- (b) Except as provided in § 39-11-611, it is no defense to prosecution under this section that the stop, frisk, halt, arrest or search was unlawful.
- (c) It is an offense for a person to intentionally prevent or obstruct an officer of the state or any other person known to be a civil process server in serving, or attempting to serve or execute, any legal writ or process.
- (d) A violation of this section is a Class B misdemeanor unless the defendant uses a deadly weapon to resist the stop, frisk, halt, arrest, search or process server, in which event the violation is a Class A misdemeanor.
History (3)
- Acts 1989, ch. 591, § 1
- 1991, ch. 307, § 1
- 1999, ch. 178, § 1.
§ 39-16-603. Evading arrest. - (a)
- (1) Except as provided in subsection (b), it is unlawful for any person to intentionally conceal themselves or flee by any means of locomotion from anyone the person knows to be a law enforcement officer if the person:
- (A) Knows the officer is attempting to arrest the person; or
- (B) Has been arrested.
- (2) It is a defense to prosecution under this subsection (a) that the attempted arrest was unlawful.
- (3) [Deleted by 2021 amendment.]
- (b)
- (1) It is unlawful for any person, while operating a motor vehicle on any street, road, alley or highway in this state, to intentionally flee or attempt to elude any law enforcement officer, after having received any signal from the officer to bring the vehicle to a stop.
- (2) It is a defense to prosecution under this subsection (b) that the attempted arrest was unlawful.
- (3) [Deleted by 2021 amendment.]
- (4) In addition to the penalty prescribed in subsection (d), the court shall order the suspension of the driver license of the person for a period of not less than six (6) months nor more than two (2) years. If the license is already suspended, at the time the order is issued, the suspension shall begin on the date the existing suspension ends. The court shall also confiscate the license being suspended and forward it to the department of safety along with a report of the license suspension. If the court is unable to take physical possession of the license, the court shall nevertheless forward the report to the department. The report shall include the complete name, address, birth date, eye color, sex, and driver license number, if known, of the person whose license has been suspended, and shall indicate the first and last day of the suspension period. If the person is the holder of a license from another state, the court shall not confiscate the license but shall notify the department, which shall notify the appropriate licensing officials in the other state. The court shall, however, suspend the person's nonresident driving privileges for the appropriate length of time.
- (c) In addition to the penalties prescribed in this section, the court shall order a person who commits evading arrest and, in doing so, recklessly damages government property, including, but not limited to, a law enforcement officer's uniform or motor vehicle, to pay restitution to the appropriate government agency for the value of any property damaged.
- (d)
- (1) A violation of subsection (a) is a Class A misdemeanor.
- (2)
- (A) A violation of subsection (b) is a Class E felony and shall be punished by confinement for not less than thirty (30) days.
- (B) If the flight or attempt to elude creates a risk of death or injury to innocent bystanders, pursuing law enforcement officers, or other third parties, a violation of subsection (b) is a Class D felony and shall be punished by confinement for not less than sixty (60) days.
- (3) A violation of subsection (a) or (b) that results in serious bodily injury to a law enforcement officer is a Class C felony.
- (4) A violation of subsection (a) or (b) that results in the death of a law enforcement officer is a Class A felony.
History (5)
- Acts 1989, ch. 591, § 1
- 1995, ch. 467, § 1
- 2016, ch. 633, §§ 1, 2
- 2020, ch. 584, § 1
- 2021, ch. 278, §§ 1, 2.
§ 39-16-604. Compounding of offenses. - (a) It is unlawful for any person to solicit, accept or agree to accept any benefit in consideration of refraining from reporting to a law enforcement officer the commission or suspected commission of an offense.
- (b) It is unlawful for a complaining witness to solicit, accept or agree to accept any benefit in consideration of abstaining from, discontinuing or delaying the prosecution of another for an offense.
- (c) It is a defense to prosecution under this section that the benefit was solicited or accepted by the victim and did not exceed an amount reasonably believed by the victim to be due as restitution or indemnification for loss caused by the offense.
- (d)
- (1) A violation of this section with respect to an offense classified as a misdemeanor is a Class A misdemeanor.
- (2) A violation of this section with respect to an offense classified as a felony is a Class E felony.
History (2)
- Acts 1989, ch. 591, § 1
- 1990, ch. 980, § 12.
§ 39-16-605. Escape. - (a) It is an offense for any lawfully confined person arrested for, charged with, or found guilty of a civil or criminal offense to escape from a penal institution, as defined in § 39-16-601.
- (b)
- (1) A person commits the offense of escape who is in the lawful custody of a law enforcement officer and knowingly escapes the officer's custody.
- (2) As used in subdivision (b)(1), “lawful custody” means a person has been taken, seized or detained by a law enforcement officer either by handcuffing, restraining or any other method by which a reasonable person would believe places the person in custody and that otherwise deprives the person's freedom of action in a significant way.
- (c)
- (1) A violation of subsection (a) is:
- (A) A Class A misdemeanor if the person was being held for a misdemeanor or civil offense; and
- (B) A Class E felony if the person was being held for a felony.
- (2) A violation of subsection (b) is a Class A misdemeanor.
- (d) Any sentence received for a violation of this section shall be ordered to be served consecutively to the sentence being served or sentence received for the charge for which the person was being held at the time of the escape.
History (4)
- Acts 1989, ch. 591, § 1
- 1990, ch. 980, § 15
- 2007, ch. 46, §§ 1, 2
- 2009, ch. 241, § 1.
§ 39-16-606. Report of escape. - (a) Whenever a person convicted of a felony escapes from the custody of a penal institution, the appropriate warden, departmental official or law enforcement official responsible for the custody of the person shall immediately report the escape to the following persons:
- (1) Commissioner of correction;
- (2) Commissioner of safety;
- (3) Director of the Tennessee bureau of investigation;
- (4) The district attorney general of the judicial district in which the escape occurred;
- (5) The district attorney general of the judicial district in which the escapee was convicted, who shall make a reasonable effort to notify the victim when the conviction was for a crime of violence;
- (6) The sheriff of the county in which the escape occurred, and the sheriffs in the adjoining counties;
- (7) The sheriff of the county or chief of police in any county having a metropolitan form of government where the escapee was convicted;
- (8) The police department of any municipality, city or town, near the location of the escape; and
- (9) All trial judges involved in the case.
- (b) The report to the officials in subsection (a) shall include the facts of the escape, the time when it occurred and the circumstances under which it occurred, together with the particular description of the escapee, the escapee's age, size, complexion, race, color of hair and eyes, and from what county committed, for what offense, and when.
§ 39-16-607. Permitting or facilitating escape. - (a) An official or employee of any penal institution that is responsible for maintaining persons in custody commits an offense who intentionally, knowingly or recklessly permits or facilitates the escape of a person in custody.
- (b) It is unlawful for any person to intentionally or knowingly permit or facilitate the escape of a person in custody.
- (c) Permitting or facilitating escape is a Class E felony unless:
- (1) The person in custody was charged with or convicted of a felony;
- (2) The person used or threatened to use a deadly weapon to effect the escape; or
- (3) The offense under subsection (a) was committed intentionally or knowingly, in which event permitting or facilitating escape is a Class C felony.
History (2)
- Acts 1989, ch. 591, § 1
- 1996, ch. 637, § 1.
§ 39-16-608. Implements for escape. - (a) It is unlawful for any person, with intent to facilitate escape, to introduce into a penal institution, or provide an inmate with, anything that may be useful for the inmate's escape.
- (b) A violation of this section is a Class D felony.
§ 39-16-609. Failure to appear. - (a) It is unlawful for any person to knowingly fail to appear as directed by a lawful authority if the person:
- (1) Has been lawfully issued a criminal summons pursuant to § 40-6-215;
- (2) Has been lawfully commanded to appear for booking and processing pursuant to a criminal summons issued in accordance with § 40-6-215;
- (3) Has been lawfully issued a citation in lieu of arrest under § 40-7-118;
- (4) Has been lawfully released from custody, with or without bail, on condition of subsequent appearance at an official proceeding or penal institution at a specified time or place; or
- (5) Knowingly goes into hiding to avoid prosecution or court appearance.
- (b) It is a defense to prosecution under this section that:
- (1) The appearance is required by a probation and parole officer as an incident of probation or parole supervision; or
- (2) The person had a reasonable excuse for failure to appear at the specified time and place.
- (c) Nothing in this section shall apply to witnesses.
- (d) Failure to appear is a Class A misdemeanor.
- (e) Any sentence received for a violation of this section must be ordered to be served consecutively to any sentence received for the offense for which the defendant failed to appear.
- (f) [Deleted by 2019 amendment.]
History (7)
- Acts 1989, ch. 591, § 1
- 1990, ch. 709, § 1
- 1990, ch. 980, § 16
- 1997, ch. 317, § 1
- 1998, ch. 1049, § 15
- 2004, ch. 727, § 1
- 2019, ch. 486, § 4.
§ 39-16-610. Radar jamming devices. - (a) As used in this section, unless the context otherwise requires:
- (1) “Radar jamming device” means any active or passive device, instrument, mechanism, or equipment that is designed or intended to interfere with, disrupt, or scramble the radar or laser that is used by law enforcement agencies and officers to measure the speed of motor vehicles;
- (2) “Radar jamming device” includes, but is not limited to, devices commonly referred to as “jammers” or “scramblers”; and
- (3) “Radar jamming device” does not include equipment that is legal under FCC regulations, such as a citizens' band radio, ham radio, or any other similar electronic equipment.
- (b) It is an offense for any person to knowingly possess or sell a radar jamming device.
- (c) It is an offense for any person to knowingly operate a motor vehicle with a radar jamming device in the motor vehicle.
- (d) It is an offense for a person to knowingly use a radar jamming device for the purpose of interfering with the radar signals or lasers used by law enforcement personnel to measure the speed of a motor vehicle on a highway.
- (e) Any radar jamming device that is used in violation of this section is subject to seizure by any law enforcement officer and may be confiscated and destroyed by order of the court in which a violation of this section is charged.
- (f) This section shall not apply to law enforcement officers acting in their official capacity.
- (g)
- (1) A violation of subsection (b) or (c) is a Class C misdemeanor.
- (2) A violation of subsection (d) is a Class B misdemeanor.
Part 7 Perjury § 39-16-701. Definitions for perjury offenses. - As used in this part, unless the context otherwise requires:
- (1) “Material” means the statement, irrespective of its admissibility under the rules of evidence, could have affected the course or outcome of the official proceeding;
- (2) “Oath” means a solemn and formal undertaking to tell the truth and includes an equivalent affirmation permitted by law as a substitute for an oath administered by a person authorized by law to take statements under oath;
- (3) “Official proceeding” means any type of administrative, executive, judicial, or legislative proceeding that is conducted before a public servant authorized by law to take statements under oath in that proceeding; and
- (4) “Statement” means any representation of fact.
§ 39-16-702. Perjury. - (a) A person commits an offense who, with intent to deceive:
- (1) Makes a false statement, under oath;
- (2) Makes a statement, under oath, that confirms the truth of a false statement previously made and the statement is required or authorized by law to be made under oath;
- (3) Makes a false statement, not under oath, but on an official document required or authorized by law to be made under oath and stating on its face that a false statement is subject to the penalties of perjury; or
- (4) Makes a false statement, not under oath, but in a declaration stating on its face that it is made under penalty of perjury.
- (b)
- (1) Perjury is a Class A misdemeanor.
- (2) Perjury committed on an application for a handgun carry permit under § 39-17-1351 or § 39-17-1366 is a Class E felony. Each application for a handgun carry permit shall clearly state in bold face type directly above the signature line that an applicant who, with intent to deceive, makes any false statement on the application is guilty of the felony offense of perjury.
- (3) Perjury committed on a sexual offender or violent sexual offender TBI registration form under title 40, chapter 39, part 2, is a Class E felony. Each TBI registration form shall clearly state in bold face type directly above the signature line that an applicant who, with the intent to deceive, makes any false statement on the application is guilty of the felony offense of perjury.
History (5)
- Acts 1989, ch. 591, § 1
- 1997, ch. 468, § 1
- 2004, ch. 921, § 2
- 2011, ch. 211, § 1
- 2019, ch. 479, § 15.
§ 39-16-703. Aggravated perjury. - (a) A person commits an offense who, with intent to deceive:
- (1) Commits perjury as defined in § 39-16-702;
- (2) The false statement is made during or in connection with an official proceeding; and
- (3) The false statement is material.
- (b) It is no defense that the person mistakenly believed the statement to be immaterial.
- (c) Aggravated perjury is a Class D felony.
§ 39-16-704. Retraction. - It is a defense to prosecution for aggravated perjury that the person retracted the false statement before completion of the testimony at the official proceeding during which the aggravated perjury was committed.
§ 39-16-705. Subornation of perjury. - (a) A person commits an offense who, with the intent to deceive, induces another to make a false statement constituting perjury or aggravated perjury.
- (b)
- (1) Subornation of perjury is a Class A misdemeanor.
- (2) Subornation of aggravated perjury is a Class E felony.
History (2)
- Acts 1989, ch. 591, § 1
- 1990, ch. 980, § 9.
§ 39-16-706. Irregularity in oath. - It is no defense to prosecution for perjury or aggravated perjury that:
- (1) The oath was administered or taken in an irregular manner, or that there was some irregularity in the appointment or qualification of the person who administered the oath; or
- (2) The document was not sworn to if the document contained a recital that it was made under oath, the defendant knew or should have known of the recital when the defendant signed the document, and the document contained the signed jurat of a public servant or notary public authorized to administer oaths.
§ 39-16-707. Inconsistent statements. - Except as provided in § 39-16-704, a charge of perjury or aggravated perjury that alleges the person charged has made two (2) or more statements under oath, any two (2) of which cannot both be true, need not allege which statement is false if both statements were made within the period of the statute of limitations. At trial, the prosecution need not prove which statement is false.
History (2)
- Acts 1989, ch. 591, § 1
- 1990, ch. 980, § 30.
Chapter 17 Offenses Against Public Health, Safety and Welfare Part 1 Miscellaneous § 39-17-101. Handling snakes so as to endanger life prohibited. - (a) It is an offense for a person to display, exhibit, handle, or use a venomous or dangerous snake or reptile in a manner that endangers the life or health of any person. As used in this subsection (a), “venomous” means any toxic substance that is actively injected by an animal through a bite or sting and that causes injury or death.
- (b) An offense under this section is a Class C misdemeanor.
History (2)
- Acts 1989, ch. 591, § 1
- 2024, ch. 636, § 1.
§ 39-17-102. Unlawful disposal of raw sewage — Continued violation — Enforcement. - (a) It is an offense for a person to unlawfully dispose of water carrying human waste, household or business waste, or to pipe or transmit raw sewage or the effluent from any septic tank or other system of any type, into or on public or private property.
- (b) Each day of continued violation after conviction constitutes a separate offense.
- (c) It is the duty of the local health officer to enforce the terms of this section, but this shall not be a duty exclusive only to local health officers.
- (d) An offense under this section is a Class C misdemeanor.
§ 39-17-103. Abandonment of certain airtight containers. - (a) It is an offense for a person to place or permit to remain outside any dwelling, building, or other structure, or within any warehouse or storage room or any unoccupied or abandoned dwelling, building or other structure, under any circumstances as to be accessible to children, any icebox, refrigerator, or other airtight or semi-airtight container that has a capacity of one and one-half (1½) cubic feet or more and an opening of fifty (50) square inches or more and that has a door or lid equipped with a latch or other fastening device capable of securing the door or lid shut.
- (b) An offense under this section is a Class B misdemeanor.
§ 39-17-104. Safety devices on refrigerators required. - (a) All new iceboxes or refrigerators that have a capacity of one and one-half (1½) cubic feet or more, and an opening of fifty (50) square inches or more, and that have a door or lid equipped with a latch or other fastening device capable of securing the door or lid shut, sold or offered for sale in this state shall be equipped with a safety device that will enable the door or lid to be opened easily from the inside as a means of escape. Failure to abide by this provision is an offense.
- (b) An offense under this section is a Class A misdemeanor.
§ 39-17-106. Gifts of adulterated candy or food. - (a) It is an offense for any person with the intent to harm another knowingly to offer, give or entice another to take or accept any treat, candy, gift, or food that is poisonous or harmful to the health or welfare of the recipient or other person.
- (b) An offense under this section is a Class E felony.
§ 39-17-107. Adulteration of food, liquids, or pharmaceuticals. - (a) It is an offense for a person to adulterate any food product or liquid that is manufactured, marketed, grown, or produced for human consumption or any pharmaceutical product that is designed, marketed, or prescribed for the diagnosis or treatment of a disease or medical condition by placing in, mixing with, or adding to the product or liquid, any object, liquid, powder or other substance with the intent to cause bodily injury, serious bodily injury or death to a user of the product or liquid.
- (b)
- (1) A violation of this section where the person intends to cause bodily injury is a Class C felony.
- (2) A violation of this section where the person intends to cause serious bodily injury or death is a Class B felony.
§ 39-17-108. Tampering with construction signs and barricades — Travel on closed roads — Definitions. - (a) As used in this section, unless the context otherwise requires:
- (1) “Barricade” means a barrier for obstructing the passage of motor vehicle traffic;
- (2) “Detour sign” means any sign placed across or on a public road of the state, by the state, the county or municipal authorities or by their contractors, indicating that the road is closed or partially closed, which sign also indicates the direction of an alternate route to be followed to give access to certain points;
- (3) “Fence” means a barrier to prevent the intrusion of motor vehicle traffic;
- (4) “Officially closed” means a highway or road that has been officially closed by a governmental unit, the department of transportation, a city or a county; and
- (5) “Warning sign” means a sign indicating construction work in the area.
- (b) A person commits an offense who intentionally:
- (1) Destroys, knocks down, removes, defaces, or alters any lighting flasher letters or figures on a detour or warning sign set upon a highway or road of this state;
- (2) Knocks down, removes, rearranges, destroys, defaces or alters any letters or figures on a barricade or fence erected on any highway or road of this state;
- (3) Drives around or through any barricade or fence on any officially closed highway or road of this state;
- (4) Drives around a detour sign or barricade or fence; or
- (5) Ignores or disregards a warning sign before the road has been officially opened to public traffic by the department, or in appropriate cases by the county or municipal officer responsible for constructing or maintaining such roads.
- (c) A violation of this section is a Class A misdemeanor.
- (d) This section shall have no application to:
- (1) Law enforcement officers in the performance of their duties;
- (2) Employees of the Tennessee department of transportation;
- (3) Contractors performing work on the highways;
- (4) Federal authorities when engaged in inspection of surveys, repairs, maintenance, or construction on or alongside the highways or within the right-of-way;
- (5) Individuals domiciled or making their livelihood within the affected areas; or
- (6) Any person or group of persons that shall be authorized by the commissioner, or appropriate county or municipal officer.
§ 39-17-109. Airport and aircraft security. - (a) As used in this section, unless the context otherwise requires:
- (1) “Air operations area” means a portion of an airport designed and used for the landing, taking off, or surface maneuvering of airplanes; and
- (2) “Sterile area” means an area to which access is controlled by the inspection of persons and property in accordance with an approved security program.
- (b) It is an offense for a person to knowingly trespass or unlawfully enter upon an aircraft, air carrier, foreign air carrier or air operations area or sterile area of an airport serving the general public, if the trespass or entry is in violation of or contrary to security requirements established by federal regulation.
- (c) A violation of subsection (b) is a Class A misdemeanor.
- (d) If any person violates subsection (b) with the intent to commit an act in the aircraft, air carrier, foreign air carrier or air operations area or sterile area that is punishable as a felony under federal or state law, and the person is convicted of the felony, a violation of subsection (b) is a Class E felony.
- (e) Nothing in this section shall be construed as prohibiting prosecution and conviction under any other criminal statute.
History (2)
- Acts 1989, ch. 591, § 1
- 2007, ch. 509, § 1.
§ 39-17-111. Alteration of warning, guard or other safety device from any machine, tool, or other implement. - (a)
- (1) It is an offense for any person to knowingly and intentionally remove, disconnect, alter or cause to have removed, disconnected or altered a warning, guard or other safety device from any machine, tool or other implement and as a result of that action another person suffers bodily injury or death. For purposes of this section, “machine, tool or other implement” does not include:
- (A) Any item of equipment or device being used for agricultural, forestry purposes, or lawn and garden care purposes; or
- (B) Any item being used for home improvements or maintenance by a person not engaged in commercial activities.
- (2) It is not an offense to knowingly and intentionally remove, disconnect, alter or cause to have removed, disconnected or altered a warning, guard or other safety device under subdivision (a)(1) if the warning, guard or other safety device is removed, disconnected or altered:
- (A) With the sole and intended purpose of improving safety in accordance with accepted industry safety standards; or
- (B) When a machine, tool or other implement is redesigned to manufacture a product or products substantially different than it was originally designed, and the warning, guard or other safety device is replaced with a warning, guard or other safety device with equal or improved effectiveness relative to accepted industry safety standards.
- (b) A violation of this section is a Class A misdemeanor, punishable only by fine of not more than two thousand five hundred dollars ($2,500).
- (c) Evidence of a criminal conviction under this section shall not be admissible in a subsequent action against the employer filed by the employee involving a workplace injury or death.
- (d) Neither a conviction nor a failure to obtain a conviction under this section shall preclude any other action authorized by law with respect to conduct in controversy under subsection (a).
History (1)
- Acts 1998, ch. 1054, § 1.
§ 39-17-112. False academic degrees. - (a) It is an offense for any person to knowingly issue, sell or manufacture a false academic degree. As used in this subsection (a), “person” includes any individual, corporation, firm, company, partnership or association.
- (b) It is an offense for an individual to knowingly use or claim to have a false academic degree to obtain:
- (1) Employment;
- (2) A promotion in employment; or
- (3) Admission to a college, university or other institution of higher learning.
- (c) As used in this section, “false academic degree” shall mean any degree issued that meets one of the following criteria:
- (1) Issued without requiring any student academic work;
- (2) Issued based solely on the student's life experience or portfolio without requiring any post secondary work submitted to and evaluated by faculty with appropriate academic degrees from an institution that is:
- (A) Accredited by a regional accrediting agency or other accrediting agency recognized by the United States department of education; and
- (B) Authorized to operate in Tennessee pursuant to title 49, chapter 7, part 20, relative to the authorization of post secondary institutions, or is exempted from authorization by § 49-7-2004; or
- (3) Issued using more than twenty-five percent (25%) of required credits based on the student's life experience or portfolio.
- (d) Nothing in this section shall be construed to prohibit an otherwise properly accredited and authorized institution from issuing honorary degrees recognizing distinguished individuals for service to the state, an institution or community.
- (e) A violation of subsection (a) is a Class A misdemeanor.
- (f) A violation of subsection (b) is a Class C misdemeanor.
§ 39-17-113. Payment of citations for persons who purchase devices for detection of or interference with devices used to measure the speed of motor vehicles. - (a) It is an offense to offer to pay or to pay a motor vehicle traffic citation of any person who purchased any device or mechanism, passive or active, to detect or purposefully interfere with or diminish the measurement capabilities of any radar, laser, or other device or mechanism employed by law enforcement personnel to measure the speed of motor vehicles for law enforcement purposes.
- (b) This section shall apply only to persons and firms that sell or lease devices or mechanisms that detect or purposefully interfere with or diminish the measurement capabilities of any radar, laser, or other device or mechanism.
- (c) A violation of this section shall be a Class B misdemeanor punishable by a fine only of up to five hundred dollars ($500). Each day a violation occurs constitutes a separate offense.
§ 39-17-114. Transportation of illegal aliens. - (a) It is an offense for any person for the purpose of commercial advantage or private financial gain to transport or cause to be transported into the state an individual who the person knows or should have known has illegally entered or remained in the United States, as determined by the bureau of immigration and customs enforcement of the United States department of homeland security.
- (b)
- (1) This section shall not apply to common carriers.
- (2) It is a defense to prosecution under this section that the individuals were being transported for religious purposes.
- (c) A violation of this section is a Class A misdemeanor punishable only by a fine of one thousand dollars ($1,000) for each person illegally transported.
- (d) Any moneys received from a violation of this section shall go to the arresting agency or agencies.
§ 39-17-115. Knowingly manufacturing, providing, transferring or submitting false identification for the purposes of obtaining or maintaining employment. - (a) As used in this section, unless the context otherwise requires:
- (1) “Employment” means any work engaged in for compensation in money or other valuable consideration and for which a person paying the compensation for the work performed would be required to file a W-2 wage and tax statement with the federal internal revenue service;
- (2) “False identification” means a document of a type intended or commonly accepted for the purposes of identification of individuals that would identify the individual to be a lawful resident alien, an individual authorized to be employed by the federal Immigration and Naturalization Act (8 U.S.C. § 1101 et seq.), or the United States attorney general or that would identify the individual to be a United States citizen that:
- (A) Is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit; and
- (B) Appears to be issued by or under the authority of a governmental entity; and
- (3) “Person” means an individual, corporation, partnership, association or any other legal entity.
- (b) It is an offense for a person to knowingly manufacture, provide, transfer or submit to any other person false identification for the purposes of obtaining or maintaining employment.
- (c) A violation of subsection (b) is a Class A misdemeanor. Each false identification document used in violation of subsection (b) shall constitute a separate offense.
- (d) Nothing in this section shall be construed to prohibit prosecution under any other law.
- (e) Upon conviction of a violation of subsection (b), if it is determined that any person in connection with a violation of this section is not lawfully present in the United States, pursuant to the federal Immigration and Naturalization Act the court shall notify the United States department of homeland security.
§ 39-17-116. Unlawful to draw property transfer documents without interest in property. - (a)
- (1) It is an offense for any person to knowingly cause to be prepared, sign, or file records of any property transfer document when the transferor, grantor or person applying for registration knows or should know by an examination of the public records, that the transferor or grantor has no legal nor equitable interest to convey, or when there is no reasonable basis for assumption that the transferor or grantor has any interest in the property.
- (2) As used in this subsection (a), “person” includes any individual, corporation, firm, company, partnership, or association.
- (b) Upon a final conviction for an offense pursuant to this section, any court having or exercising circuit court jurisdiction may order the filing of an order of said court declaring the offending transfer document or documents to be void and of no legal effect and removing any cloud on the title that may have arisen because of said documents.
- (c) This section shall not be applicable to any licensed attorney who, in good faith, prepares such a transfer document in the course of representation of a client.
- (d) A violation of subsection (a) shall be a Class E felony.
History (2)
- Acts 2011, ch. 399, § 1
- 2013, ch. 413, § 1.
§ 39-17-117. Unlawful to draw a lien against real or personal property without legal basis. - (a)
- (1) It is an offense for any person to knowingly prepare, sign, or file any lien or other document with the intent to encumber any real or personal property when such person has no reasonable basis or any legal cause to place such lien or encumbrance on such real or personal property.
- (2) As used in this subsection (a), “person” includes any individual or entity.
- (b) Upon conviction for an offense pursuant to this section, any court having or exercising circuit court jurisdiction may order the removal from any record the lien or document evidencing an encumbrance, and order that the document be void and of no legal effect, and, if so ordered, the court shall cause the removal of any cloud on a title that may have arisen because of the document.
- (c) This section shall not apply to:
- (1) A licensed attorney who prepares a document in the course of representation of a client;
- (2) A financial institution regulated by the Tennessee department of financial institutions, the federal reserve board, the office of the comptroller of the currency, the farm credit administration, or the national credit union administration, qualified commercial financing entity, as defined in § 67-4-2004, or an employee or agent of any of those entities, who prepares, signs or files a lien or other document in the ordinary course of business;
- (3) A title insurance company or agent who prepares, signs, or files a lien or other document in the ordinary course of business; or
- (4) A real estate licensee operating in compliance with the Tennessee Real Estate Broker License Act of 1973, compiled in title 62, chapter 13.
- (d) A violation of subsection (a) is a Class E felony.
History (2)
- Acts 2012, ch. 1015, § 1
- 2013, ch. 413, § 2.
Part 3 Disorderly Conduct and Riots § 39-17-301. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Desecrate” means defacing, damaging, polluting or otherwise physically mistreating in a way that the person knows or should know will outrage the sensibilities of an ordinary individual likely to observe or discover the person's action;
- (2) “Participates” includes:
- (A) Joining a group of three (3) or more persons who riot;
- (B) Aiding and abetting a riot; or
- (C) Refusing any lawful order of correctional personnel or other law enforcement officers during the course of a riot;
- (3) “Riot” means a disturbance in a public place or penal institution as defined in § 39-16-601 involving an assemblage of three (3) or more persons whether or not participating in any otherwise lawful activity, which, by tumultuous and violent conduct, creates grave danger of substantial damage to property or serious bodily injury to persons or substantially obstructs law enforcement or other governmental function; and
- (4) “Transportation facility” means any conveyance or place used for or in connection with public passenger transportation by air, railroad, motor vehicle or any other method. It includes, but is not limited to, aircraft, watercraft, railroad cars, buses, and air, boat, railroad and bus terminals and stations.
History (5)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1030, § 29
- 1999, ch. 350, § 1
- 2014, ch. 982, § 3
- 2020 (2nd Ex. Sess.), ch. 3, §§ 9, 10.
§ 39-17-302. Riot. - (a) A person commits an offense who knowingly participates in a riot.
- (b) A violation of this section is a Class A misdemeanor. In any sentence imposed for a violation of this section, the court shall include a mandatory minimum sentence of thirty (30) days of incarceration and an order of restitution for any property damage or loss incurred as a result of the offense.
History (2)
- Acts 1989, ch. 591, § 1
- 2020 (2nd Ex. Sess.), ch. 3, § 11.
§ 39-17-303. Aggravated riot. - (a) A person commits an offense who:
- (1) Knowingly participates in a riot; and
- (2)
- (A) Traveled from outside the state with intent to commit a criminal offense;
- (B) Participates in a riot in exchange for compensation; or
- (C) As a result of the riot, a person other than one (1) of the participants suffers bodily injury or substantial property damage occurs.
- (b)
- (1) A violation of this section is a Class E felony.
- (2) In any sentence imposed for a violation of this section, the court shall include a mandatory minimum sentence of:
- (A) Forty-five (45) days of incarceration; or
- (B) Sixty (60) days of incarceration if the defendant engages in the conduct described in two (2) or more of the circumstances listed in subdivisions (a)(2)(A)-(C).
- (3) In any sentence imposed for a violation of this section, the court shall include an order of restitution for any injury, property damage, or loss incurred as a result of the offense.
History (4)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1030, § 35
- 2020 (2nd Ex. Sess.), ch. 3, § 12
- 2021, ch. 440, § 1.
§ 39-17-304. Inciting to riot. - (a) A person commits an offense who incites or urges three (3) or more persons to create or engage in a riot.
- (b) A violation of this section is a Class A misdemeanor. In any sentence imposed for a violation of this section, the court shall include an order of restitution for any property damage or loss incurred as a result of the offense.
History (2)
- Acts 1989, ch. 591, § 1
- 2020 (2nd Ex. Sess.), ch. 3, § 13.
§ 39-17-305. Disorderly conduct. - (a) A person commits an offense who, in a public place and with intent to cause public annoyance or alarm:
- (1) Engages in fighting or in violent or threatening behavior;
- (2) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or
- (3) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose.
- (b) A person also violates this section who makes unreasonable noise that prevents others from carrying on lawful activities.
- (c) A violation of this section is a Class C misdemeanor.
§ 39-17-306. Disrupting meeting or procession. - (a) A person commits an offense if, with the intent to prevent or disrupt a lawful meeting, procession, or gathering, the person substantially obstructs or interferes with the meeting, procession, or gathering by physical action or verbal utterance.
- (b) A violation of this section is a Class A misdemeanor.
History (2)
- Acts 1989, ch. 591, § 1
- 2020 (2nd Ex. Sess.), ch. 3, § 14.
§ 39-17-307. Obstructing highway or other passageway. - (a) A person commits an offense who, without legal privilege, intentionally, knowingly or recklessly:
- (1) Obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, or hallway to which the public, or a substantial portion of the public, has access; or any other place used for the passage of persons, vehicles or conveyances, whether the obstruction arises from the person's acts alone or from the person's acts and the acts of others; or
- (2) Disobeys a reasonable request or order to move issued by a person known to be a law enforcement officer, a firefighter, or a person with authority to control the use of the premises to:
- (A) Prevent obstruction of a highway or passageway; or
- (B) Maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot or other hazard.
- (b) For purposes of this section, “obstruct” means to render impassable or to render passage unreasonably inconvenient or potentially injurious to persons or property.
- (c)
- (1) A violation of subdivision (a)(1) is a Class A misdemeanor.
- (2) A violation of subdivision (a)(2) is a Class C misdemeanor.
- (3) Notwithstanding subdivision (c)(1), a violation of subdivision (a)(1) is a Class E felony if the obstruction prevents an emergency vehicle from accessing a highway or street, the obstruction prevents a first responder from responding to an emergency, or if the obstruction prevents access to an emergency exit. For purposes of this subdivision (c)(3):
- (A) “Emergency exit” means a doorway in a building or facility used for egress to the outdoors only when there is an immediate threat to the health or safety of an individual;
- (B) “Emergency vehicle” means any vehicle of a governmental department or public service corporation when responding to an emergency, any vehicle of a police or fire department, and any ambulance; and
- (C) “First responder” has the same definition as used in § 39-13-116(d).
- (d)
- (1) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that:
- (A) Solicitation and collection of charitable donations at a highway or street intersection were undertaken by members of an organization that has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or (4);
- (B) The members of the organization undertook reasonable and prudent precautions to prevent both disruption of traffic flow and injury to person or property; and
- (C) The solicitation and collection at the specific time and place and the specific precautions were proposed in advance to, and received the prior written approval of, the administrative head of the local law enforcement agency in whose jurisdiction the intersection is located.
- (2) No liability for any accident or other occurrence that arises from solicitations shall attach to the sheriff or government involved in issuing the permit, but shall be borne solely by the organization obtaining the permit.
- (3) This subsection (d) shall not be construed to supersede or affect any ordinance relative to collecting donations at public intersections in effect on July 1, 1993.
- (4) Any municipality by ordinance may prohibit roadblocks within its corporate limits notwithstanding this subsection (d).
- (e) If a person suffers loss or injury as a result of a violation of subdivision (a)(1) in which the defendant intentionally obstructed a highway, street, or other place used for the passage of vehicles or conveyances, then the person may bring a cause of action against the person who violated subdivision (a)(1) to recover compensatory damages from the loss or injury.
History (6)
- Acts 1989, ch. 591, § 1
- 1993, ch. 148, §§ 1-5
- 2015, ch. 138, § 1
- 2017, ch. 121, § 1
- 2020 (2nd Ex. Sess.), ch. 3, § 15
- 2024, ch. 958, § 1.
§ 39-17-308. Harassment. - (a) A person commits an offense who intentionally:
- (1) Communicates a threat to another person, and the person communicating the threat:
- (A) Intends the communication to be a threat of harm to the victim; and
- (B) A reasonable person would perceive the communication to be a threat of harm;
- (2) Communicates with another person without lawful purpose, anonymously or otherwise, with the intent that the frequency or means of the communication annoys, offends, alarms, or frightens the recipient and, by this action, annoys, offends, alarms, or frightens the recipient;
- (3) Communicates to another person, with intent to harass that person, that a relative or other person has been injured or killed when the communication is known to be false;
- (4) Communicates with another person or transmits or displays an image without legitimate purpose with the intent that the image is viewed by the victim by any method described in subdivision (a)(1) and the person:
- (A) Maliciously intends the communication to be a threat of harm to the victim; and
- (B) A reasonable person would perceive the communication to be a threat of harm; or
- (5) Engages in bullying or cyber-bullying.
- (b)
- (1) A person convicted of a criminal offense commits an offense if, while incarcerated, on pretrial diversion, probation, community correction or parole, the person intentionally communicates in person with the victim of the person's crime if the communication is:
- (A) Anonymous or threatening or made in an offensively repetitious manner or at hours known to be inconvenient to the victim;
- (B) Made for no legitimate purpose; and
- (C) Made knowing that it will alarm or annoy the victim.
- (2) If the victim of the person's offense died as the result of the offense, this subsection (b) shall apply to the deceased victim's next-of-kin.
- (c)
- (1) Except as provided in subsection (d), a violation of subsection (a) is a Class A misdemeanor.
- (2) A violation of subsection (b) is a Class E felony.
- (d)
- (1) A violation by a minor of subdivision (a)(4) is a delinquent act and shall be punishable only by up to thirty (30) hours of community service, without compensation, for charitable or governmental agencies as determined by the court.
- (2) A violation by a minor of subdivision (a)(5) is a delinquent act and shall be punished as provided in § 37-1-131.
- (e) As used in this section:
- (1) “Bullying” means an act committed by a student that substantially interferes with another student's educational benefits, opportunities, or performance; and:
- (A) If the act takes place on school grounds, at any school-sponsored activity, on school-provided equipment or transportation or at any official school bus stop, the act has the effect of:
- (i) Physically harming the other student or damaging the other student's property; or
- (ii) Knowingly placing the other student or students in reasonable fear of physical harm to the other student or damage to the student's property; or
- (B) If the act takes place off school property or outside of a school-sponsored activity, it is directed specifically at another student or students and has the effect of creating a substantial disruption to the education environment or learning process;
- (2) “Communicate” means contacting a person in writing or print or by telephone, wire, radio, electromagnetic, photoelectronic, photooptical, or electronic means, and includes text messages, facsimile transmissions, electronic mail, instant messages, and messages, images, video, sound recordings, or intelligence of any nature sent through or posted on social networks, social media, or websites;
- (3) “Cyber-bullying” means bullying undertaken through the use of electronic devices;
- (4) “Electronic communications service” means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system;
- (5) “Image” includes, but is not limited to, a visual depiction, video clip or photograph of another person;
- (6) “Log files” mean computer-generated lists that contain various types of information regarding the activities of a computer, including, but not limited to, time of access to certain records, processes running on a computer or the usage of certain computer resources; and
- (7) “Official report” means a written report made by a law enforcement officer in the course of the law enforcement officer's official duties that the parent of a minor child who is identified as a victim in the report may obtain from the law enforcement officer's employing law enforcement agency;
- (8) “School” means a public or private school that conducts classes in any grade from kindergarten through grade twelve (K-12);
- (9) “Student” means a person, regardless of age, enrolled in a public or private school that conducts classes in any grade from kindergarten through grade twelve (K-12);
- (10) “Social network” means any online community of people who share interests and activities, or who are interested in exploring the interests and activities of others, and which provides ways for users to interact.
- (f)
- (1) The offense described in this section shall not apply to an entity providing an electronic communications service to the public acting in the normal course of providing that service.
- (2) The service providers described in this subsection (f) shall not be required to maintain any record not otherwise kept in the ordinary course of that service provider's business; provided, however, that if any electronic communications service provider operates a website that offers a social network service and the electronic communications service provider provides services to consumers in this state, any log files and images or communications that have been sent, posted, or displayed on the social network service's website and maintained by the electronic communications service provider shall be disclosed to any governmental entity responsible for enforcing this section only if the governmental entity:
- (A) Obtains a warrant issued using this state's warrant procedures by a court of competent jurisdiction;
- (B) Obtains a court order for the disclosure under subdivision (f)(4); or
- (C) Has the consent of the person who sent, posted, or displayed any log files and images or communications on the social network service's website maintained by the electronic communications service provider.
- (3) No cause of action shall lie in any court against any provider of an electronic communications service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order or warrant.
- (4) A court order for disclosure under subdivision (f)(2)(B) may be issued by any court that is a court of competent jurisdiction and shall issue only if the governmental entity offers specific and articulable facts showing that there are reasonable grounds to believe that the contents of an electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation. A court order shall not issue if prohibited by the law of this state. A court issuing an order pursuant to this section, on a motion made promptly by the service provider, may quash or modify the order, if the information or records requested are unusually voluminous in nature or compliance with the order otherwise would cause an undue burden on the provider.
- (g)
- (1) A law enforcement officer who has knowledge that a minor is the victim of an incident of bullying or cyberbullying shall:
- (A) Make an official report of the incident; and
- (B) Provide the minor's parent, legal guardian, or legal custodian with notice of the bullying or cyberbullying and instructions concerning how to obtain a copy of the report made pursuant to subdivision (g)(1)(A).
- (2) This subsection (g) does not apply to incidents reported to the department of safety through the SafeTN application or a successor application.
History (9)
- Acts 1989, ch. 591, § 1
- 1998, ch. 1035, §§ 1, 2
- 2001, ch. 26, § 1
- 2008, ch. 973, § 1
- 2009, ch. 347, § 1
- 2011, ch. 362, §§ 1-4
- 2012, ch. 992, § 1
- 2016, ch. 884, §§ 1-5
- 2024, ch. 797, §§ 1-4.
§ 39-17-309. Civil rights intimidation. - (a) The general assembly finds and declares that it is the right of every person regardless of race, color, ancestry, religion or national origin, to be secure and protected from fear, intimidation, harassment and bodily injury caused by the activities of groups and individuals. It is not the intent of this section to interfere with the exercise of rights protected by the constitution of the United States. The general assembly recognizes the constitutional right of every citizen to harbor and express beliefs on any subject whatsoever and to associate with others who share similar beliefs. The general assembly further finds that the advocacy of unlawful acts by groups or individuals against other persons or groups for the purpose of inciting and provoking damage to property and bodily injury or death to persons is not constitutionally protected, poses a threat to public order and safety, and should be subject to criminal sanctions.
- (b) A person commits the offense of intimidating others from exercising civil rights who:
- (1) Injures or threatens to injure or coerces another person with the intent to unlawfully intimidate another from the free exercise or enjoyment of any right or privilege secured by the constitution or laws of the state of Tennessee;
- (2) Injures or threatens to injure or coerces another person with the intent to unlawfully intimidate another because that other exercised any right or privilege secured by the constitution or laws of the United States or the constitution or laws of the state of Tennessee;
- (3) Damages, destroys or defaces any real or personal property of another person with the intent to unlawfully intimidate another from the free exercise or enjoyment of any right or privilege secured by the constitution or laws of the state of Tennessee; or
- (4) Damages, destroys or defaces any real or personal property of another person with the intent to unlawfully intimidate another because that other exercised any right or privilege secured by the constitution or laws of the United States or the constitution or laws of the state of Tennessee.
- (c) It is an offense for a person to wear a mask or disguise with the intent to violate subsection (b).
- (d) A violation of subsection (b) is a Class D felony. A violation of subsection (c) is a Class A misdemeanor.
- (e) The penalties provided in this section for intimidating others from exercising civil rights do not preclude victims from seeking any other remedies, criminal or civil, otherwise available under law.
History (2)
- Acts 1989, ch. 591, § 1
- 1990, ch. 984, § 1.
§ 39-17-310. Public intoxication. - (a) A person commits the offense of public intoxication who appears in a public place under the influence of a controlled substance, controlled substance analogue or any other intoxicating substance to the degree that:
- (1) The offender may be endangered;
- (2) There is endangerment to other persons or property; or
- (3) The offender unreasonably annoys people in the vicinity.
- (b) A violation of this section is a Class C misdemeanor.
History (2)
- Acts 1989, ch. 591, § 1
- 2012, ch. 848, § 16.
§ 39-17-311. Desecration of venerated object. - (a) A person commits an offense who intentionally, knowingly, or recklessly desecrates:
- (1) A place of worship or burial; or
- (2) A state or national flag.
- (b)
- (1) A violation of subdivision (a)(1) is a Class E felony.
- (2) A violation of subdivision (a)(2) is a Class A misdemeanor.
History (3)
- Acts 1989, ch. 591, § 1
- 2017, ch. 432, § 1
- 2023, ch. 242, § 1.
§ 39-17-312. Abuse of corpse. - (a) A person commits an offense who, without legal privilege, knowingly:
- (1) Physically mistreats a corpse in a manner offensive to the sensibilities of an ordinary person;
- (2) Disinters a corpse that has been buried or otherwise interred;
- (3) Disposes of a corpse in a manner known to be in violation of law; or
- (4) Engages in sexual contact, as defined in § 39-13-501, with a corpse.
- (b) A person commits an offense who, without legal authority or privilege, knowingly offers to sell, sells, offers to purchase or purchases previously buried human skeletal remains. Any remains seized in violation of this subsection (b) shall be confiscated and subject to disposition as provided for in §§ 11-6-104 and 11-6-119.
- (c) A violation of this section is a Class E felony.
History (3)
- Acts 1989, ch. 591, § 1
- 2006, ch. 896, § 1
- 2021, ch. 402, § 2.
§ 39-17-313. Aggressive panhandling. - (a) A person commits aggressive panhandling who solicits a donation of money or goods in the following manner:
- (1) By intentionally touching the person being solicited without the person's consent;
- (2) By intentionally obstructing the path of the person, or of the vehicle of the person, being solicited;
- (3) By following a person who is walking away from the person soliciting the donation, unless that person has indicated that the person wishes to make a donation; or
- (4) By making any statement, gesture, or other communication that would cause a reasonable person to feel fear of personal harm for refusing a solicitation of a donation.
- (b)
- (1) A first violation of this section is a Class C misdemeanor.
- (2) A second or subsequent violation of this section is a Class B misdemeanor punishable by fine or a term of imprisonment not to exceed ninety (90) days, or both.
§ 39-17-314. Civil disorder. - (a) As used in this section, unless the context otherwise requires:
- (1) “Civil disorder” means any public disturbance involving acts of violence by an assemblage of two (2) or more persons which acts cause an immediate danger of or result in damage or injury to the property or person of any other individual;
- (2) “Governmental military force” means the:
- (A) National guard as defined in 10 U.S.C. § 101(9);
- (B) Organized militia of any state or territory of the United States, the commonwealth of Puerto Rico, or the District of Columbia, not included within the definition of “national guard”; and
- (C) Armed forces of the United States; and
- (3) “Law enforcement agency” means a governmental unit of one (1) or more persons employed full time or part time by the state or federal government, or political subdivision of the state or federal government, for the purpose of preventing and detecting crime and enforcing laws or local ordinances and the employees of which are authorized to make arrests for crimes while acting within the scope of their authority.
- (b) A person commits an offense who assembles with one (1) or more persons for the purpose of training or instructing in the use of, or practicing with, any technique or means capable of causing property damage, bodily injury or death with the intent to employ such training, instruction or practice in the commission of a civil disorder.
- (c) A violation of this section is a Class D felony.
- (d)
- (1) Nothing contained in this section makes unlawful any act protected by the constitution of Tennessee, or any act of a law enforcement officer that is performed in the lawful performance of the officer's official duties.
- (2) Nothing contained in this section makes unlawful:
- (A) Any activity of a governmental military force, the Tennessee wildlife resources agency, the department of correction or any law enforcement agency;
- (B) Any activity intended to teach or practice self-defense or self-defense techniques, such as karate clubs or self-defense clinics, and similar lawful activity;
- (C) Any facility, program or lawful activity related to firearms instruction and training intended to teach the safe handling and use of firearms; or
- (D) Any other lawful sports or activities related to the individual recreational use or possession of firearms, including, but not limited to, hunting activities, target shooting, self-defense, firearms collection or any organized activity, including, but not limited to, any hunting club, rifle club, rifle range or shooting range that does not include a conspiracy as defined under the laws of this state, or the knowledge of or the intent to cause or further a civil disorder.
- (e) Nothing contained in this section makes unlawful any practice or drill of an organization whose purpose is the reenactment of battles for historic purposes or of ceremonial organizations of a military nature.
§ 39-17-315. Stalking, aggravated stalking, and especially aggravated stalking. - (a) As used in this section, unless the context otherwise requires:
- (1) “Course of conduct”:
- (A) Means a pattern of conduct composed of a series of two (2) or more separate, noncontinuous acts evidencing a continuity of purpose, including, but not limited to, acts in which the defendant directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to a person, or interferes with a person's property;
- (B) Notwithstanding subdivision (a)(1)(A), includes one (1) instance of placing an electronic tracking device, without the consent of a person, on the person or in or on the person's property; and
- (C) Does not include the installing, concealing, or placing of an electronic tracking device by or at the direction of a law enforcement officer in furtherance of a criminal investigation that is carried out in accordance with applicable state or federal law;
- (2) “Emotional distress” means significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling;
- (3) “Harassment”:
- (A) Means:
- (i) Conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact;
- (ii) The conduct is committed with reckless disregard for whether the victim will suffer emotional distress as a result of the conduct; and
- (iii) The victim suffers emotional distress as a result of the conduct; and
- (B) Does not include constitutionally protected activity or conduct that serves a legitimate purpose;
- (4) “Stalking” means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested;
- (5) “Unconsented contact” means any contact with another person that is initiated or continued without that person's consent, or in disregard of that person's expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following:
- (A) Following or appearing within the sight of that person;
- (B) Approaching or confronting that person in a public place or on private property;
- (C) Appearing at that person's workplace or residence;
- (D) Entering onto or remaining on property owned, leased, or occupied by that person;
- (E) Contacting that person by telephone;
- (F) Sending to that person mail or any electronic communications, including, but not limited to, electronic mail, text messages, or any other type of electronic message sent using the internet, websites, or a social media platform; or
- (G) Placing an object on, or delivering an object to, property owned, leased, or occupied by that person; and
- (6) “Victim” means an individual who is the target of a willful course of conduct involving repeated or continuing harassment.
- (b)
- (1) A person commits an offense who intentionally engages in stalking.
- (2) Stalking is a Class A misdemeanor.
- (3) Stalking is a Class E felony if the defendant, at the time of the offense, was required to or was registered with the Tennessee bureau of investigation as a sexual offender, violent sexual offender or violent juvenile sexual offender, as defined in § 40-39-202.
- (c)
- (1) A person commits aggravated stalking who commits the offense of stalking as prohibited by subsection (b), and:
- (A) In the course and furtherance of stalking, displays a deadly weapon;
- (B)
- (i) The victim of the offense was less than eighteen (18) years of age at any time during the person's course of conduct, and the person is five (5) or more years older than the victim; or
- (ii) The victim of the offense was sixty-five (65) years of age or older at any time during the person's course of conduct;
- (C) Has previously been convicted of stalking within seven (7) years of the instant offense;
- (D) Makes a credible threat to the victim, the victim's child, sibling, spouse, parent or dependents with the intent to place any such person in reasonable fear of death or bodily injury; or
- (E) At the time of the offense, was prohibited from making contact with the victim under a restraining order or injunction for protection, an order of protection, or any other court-imposed prohibition of conduct toward the victim or the victim's property, and the person knowingly violates the injunction, order or court-imposed prohibition.
- (2) Aggravated stalking is a Class E felony.
- (d)
- (1) A person commits especially aggravated stalking who:
- (A) Commits the offense of stalking or aggravated stalking, and has previously been convicted of stalking or aggravated stalking involving the same victim of the instant offense;
- (B) Commits the offense of aggravated stalking, and intentionally or recklessly causes serious bodily injury to the victim of the offense or to the victim's child, sibling, spouse, parent or dependent; or
- (C) Commits the offense of stalking or aggravated stalking, the person is eighteen (18) years of age or older, and the victim of the offense was less than twelve (12) years of age at any time during the person's course of conduct.
- (2) Especially aggravated stalking is a Class C felony.
- (e) Notwithstanding any other law, if the court grants probation to a person convicted of stalking, aggravated stalking or especially aggravated stalking, the court may keep the person on probation for a period not to exceed the maximum punishment for the appropriate classification of offense. Regardless of whether a term of probation is ordered, the court may, in addition to any other punishment otherwise authorized by law, order the defendant to do the following:
- (1) Refrain from stalking any individual during the term of probation;
- (2) Refrain from having any contact with the victim of the offense or the victim's child, sibling, spouse, parent or dependent;
- (3) Be evaluated to determine the need for psychiatric, psychological, or social counseling, and, if determined appropriate by the court, to receive psychiatric, psychological or social counseling at the defendant's own expense;
- (4) If, as the result of such treatment or otherwise, the defendant is required to take medication, order that the defendant submit to drug testing or some other method by which the court can monitor whether the defendant is taking the required medication; and
- (5) Submit to the use of an electronic tracking device, with the cost of the device and monitoring the defendant's whereabouts, to be paid by the defendant.
- (f) In a prosecution for a violation of this section, evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact with the victim after having been requested by the victim to discontinue the conduct or a different form of unconsented contact, and to refrain from any further unconsented contact with the victim, is prima facie evidence that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
- (g)
- (1) If a person is convicted of aggravated or especially aggravated stalking, or another felony offense arising out of a charge based on this section, the court may order an independent professional mental health assessment of the defendant's need for mental health treatment. The court may waive the assessment, if an adequate assessment was conducted prior to the conviction.
- (2) If the assessment indicates that the defendant is in need of and amenable to mental health treatment, the court may include in the sentence a requirement that the offender undergo treatment, and that the drug intake of the defendant be monitored in the manner best suited to the particular situation. Monitoring may include periodic determinations as to whether the defendant is ingesting any illegal controlled substances or controlled substance analogues, as well as determinations as to whether the defendant is complying with any required or recommended course of treatment that includes the taking of medications.
- (3) The court shall order the offender to pay the costs of assessment under this subsection (g), unless the offender is indigent under § 40-14-202.
- (h) Any person who reasonably believes they are a victim of an offense under this section, regardless of whether the alleged perpetrator has been arrested, charged or convicted of a stalking-related offense, shall be entitled to seek and obtain an order of protection in the same manner, and under the same circumstances, as is provided for victims of domestic abuse by title 36, chapter 3, part 6.
- (i) When a person is charged and arrested for the offense of stalking, aggravated stalking or especially aggravated stalking, the arresting law enforcement officer shall inform the victim that the person arrested may be eligible to post bail for the offense and to be released until the date of trial for the offense.
- (j) If a law enforcement officer or district attorney general believes that the life of a possible victim of stalking is in immediate danger, unless and until sufficient evidence can be processed linking a particular person to the offense, the district attorney general may petition the judge of a court of record having criminal jurisdiction in that district to enter an order expediting the processing of any evidence in a particular stalking case. If, after hearing the petition, the court is of the opinion that the life of the victim may be in immediate danger if the alleged perpetrator is not apprehended, the court may enter such an order, directed to the Tennessee bureau of investigation, or any other agency or laboratory that may be in the process of analyzing evidence for that particular investigation.
- (k)
- (1) For purposes of determining if a course of conduct amounting to stalking is a single offense or multiple offenses, the occurrence of any of the following events breaks the continuous course of conduct, with respect to the same victim, that constitutes the offense:
- (A) The defendant is arrested and charged with stalking, aggravated stalking or especially aggravated stalking;
- (B) The defendant is found by a court of competent jurisdiction to have violated an order of protection issued to prohibit the defendant from engaging in the conduct of stalking; or
- (C) The defendant is convicted of the offense of stalking, aggravated stalking or especially aggravated stalking.
- (2) If a continuing course of conduct amounting to stalking engaged in by a defendant against the same victim is broken by any of the events set out in subdivision (k)(1), any such conduct that occurs after that event commences a new and separate offense.
- (l) Stalking may be prosecuted pursuant to § 39-11-103(d).
- (m) This section does not prohibit prosecution and conviction under another criminal statute.
History (11)
- Acts 1992, ch. 795, § 1
- 1993, ch. 435, § 1
- 1995, ch. 378, § 1
- 2005, ch. 482, § 1
- 2012, ch. 848, § 17
- 2012, ch. 1076, § 2
- 2016, ch. 969, §§ 1-3
- 2018, ch. 975, § 1
- 2023, ch. 349, §§ 1, 2
- 2023, ch. 413, § 1
- 2024, ch. 682, § 1.
§ 39-17-316. Noise control at sport shooting ranges. - (a) As used in this section, unless the context otherwise requires:
- (1) “Local unit of government” means a county, municipality, metropolitan government, or other entity of local government;
- (2) “Person” means an individual, proprietorship, partnership, corporation, club, or other legal entity; and
- (3) “Sport shooting range” or “range” means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery, or any other shooting activity.
- (b)
- (1) A person who operates or uses a sport shooting range is not subject to civil or criminal liability for noise or noise pollution, nuisance or any other claim not involving physical injury to another human, resulting from the operation or use of the sport shooting range as a sport shooting range if the sport shooting range is in compliance with any applicable noise control laws, resolutions, ordinances or regulations issued by a unit of local government, that applied to the range at the time that the range began operation.
- (2) A person or entity that operates or uses a sport shooting range is not subject to an action for nuisance, abatement, or any other type of action or proceeding which would have the effect of limiting, reducing, eliminating or enjoining the use or operation of the sport shooting range as a sport shooting range if the sport shooting range is in compliance with any applicable noise control laws, resolutions, ordinances or regulations issued by a unit of local government, that applied to the range and its operation at the time that the range began operation.
- (3) A person who subsequently acquires title to or who owns real property adversely affected by the use of property with a sport shooting range shall not maintain any action against the owner of the range to restrain, enjoin, or impede the use of the range except to the extent allowed by this section.
- (4) Rules or regulations adopted by any state department or agency for limiting levels of noise in terms of decibel level that may occur in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this section.
- (5) Notwithstanding any other law to the contrary, nothing in this section shall be construed to limit civil liability for compensatory damage arising from physical injury to another human, physical injury to tangible personal property, or physical injury to fixtures or structures placed on real property.
- (c) To the extent that any sport shooting range has been issued permission, whether by special exception, variance, or otherwise, by any entity having zoning or zoning appeal authority to operate as a range, the right to operate as a range shall not be amended, restricted, or terminated due to a change of circumstances regarding the use of adjacent or surrounding properties. Further, with respect to any sport shooting range that is open to the public and was in continuous operation for at least thirty (30) years immediately preceding December 16, 2008, the right to operate as a shooting range shall not be amended, restricted or terminated due to any land use planning or zoning applicable to the shooting range's location if:
- (1) The shooting positions operate no closer than:
- (A) One hundred fifty feet (150′) from any adjoining boundary line or county road that extends from the southeast corner to the southwest corner;
- (B) One hundred eighty feet (180′) from any adjoining boundary line that extends from the southwest corner to the northwest corner;
- (C) One hundred eighty feet (180′) from any adjoining boundary line that extends from the northwest corner to the northeast corner;
- (D) One hundred eighty feet (180′) from any adjoining boundary line or county road that extends from the northeast corner to the southeast corner; and
- (E) One hundred eighty feet (180′) from any adjoining residential property boundary line, notwithstanding subdivisions (c)(1)(A)-(D); and
- (2) Any vegetation between the appropriate distance requirement described in subdivision (c)(1) and the adjoining boundary line or county road remains undisturbed.
- (d) With respect to any range that is open to the public and that begins operation after July 1, 2004, and for which there are no local zoning resolutions, ordinances or regulations affecting its establishment as a sport shooting range as of the date it began operation, the range shall not be protected by the exemptions from nuisance actions contained herein until one (1) year after the date the sport shooting range begins operation.
History (3)
- Acts 1995, ch. 308, §§ 1, 2
- 2004, ch. 694, § 1
- 2009, ch. 227, § 1.
§ 39-17-317. Disorderly conduct at funerals. - (a) A person commits the offense of interfering with a funeral or burial, funeral home viewing of a deceased person, funeral procession, or funeral or memorial service for a deceased person, if the person acts to obstruct or interfere with such commemorative service by making any utterance, gesture, or display in a manner offensive to the sensibilities of an ordinary person. Picketing, protesting, or demonstrating at a funeral or memorial service shall be deemed offensive to the sensibilities of an ordinary person.
- (b) This section shall only apply to acts within five hundred feet (500′) of a funeral or burial, funeral home viewing of a deceased person, funeral procession, or funeral or memorial service for a deceased person.
- (c) A violation of this section is a Class B misdemeanor.
History (2)
- Acts 2006, ch. 543, § 1
- 2011, ch. 373, § 1.
§ 39-17-318. Unlawful exposure. - (a) A person commits unlawful exposure who, with the intent to cause emotional distress, distributes an image of the intimate part or parts of another identifiable person or an image of an identifiable person engaged in sexually explicit conduct if:
- (1) The image was photographed or recorded under circumstances where the parties agreed or understood that the image would remain private; and
- (2) The person depicted in the image suffers emotional distress.
- (b) As used in this section:
- (1) “Emotional distress” has the same meaning as defined in § 39-17-315;
- (2) “Identifiable person” means a person who is identifiable from the image itself or from information transmitted in connection with the image;
- (3) “Intimate part” means any portion of the primary genital area, buttock, or any portion of the female breast below the top of the areola that is either uncovered or visible through less than fully opaque clothing; and
- (4) “Sexually explicit conduct” has the same meaning as defined in § 39-13-301.
- (c) Nothing in this section precludes punishment under any other section of law providing for greater punishment.
- (d) A violation of subsection (a) is a Class A misdemeanor.
History (2)
- Acts 2016, ch. 872, § 1
- 2022, ch. 923, §§ 1, 2.
Part 4 Drugs § 39-17-401. Tennessee Drug Control Act. - (a) This part and title 53, chapter 11, parts 3 and 4 shall be known and may be cited as the “Tennessee Drug Control Act of 1989.”
- (b) Except as otherwise expressly permitted by state law, the state preempts the entire field of determining the appropriate sanction for conduct involving a drug or other substance that is classified by this part or title 53, chapter 11, as a Class A or B misdemeanor or a Class A, B, C, D, or E felony. No county, city, town, municipality, or metropolitan form of government has the authority by ordinance, resolution, regulation, or other local law to enact or adopt a sanction for conduct involving a drug or other substance if the sanction for that conduct is established by this part or title 53, chapter 11, as a criminal offense other than a Class C misdemeanor. Any ordinance, resolution, regulation, or other local law enacted or adopted prior to April 12, 2017, regulating drugs and other substances that is inconsistent with this part and title 53, chapter 11, is superseded and repealed. Any policy, guideline, or practice of any agency, department, or employee of a county, city, town, municipality, or metropolitan form of government that regulates or permits the enforcement of conduct covered by this subsection (b) in a manner inconsistent with state law is void.
History (2)
- Acts 1989, ch. 591, § 1
- 2017, ch. 124, § 1.
§ 39-17-402. Definitions for this part and title 53, chapter 11, parts 3 and 4. - As used in this part and title 53, chapter 11, parts 3 and 4, unless the context otherwise requires:
- (1) “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
- (A) A practitioner or by the practitioner's authorized agent in the practitioner's presence; or
- (B) The patient or research subject at the direction and in the presence of the practitioner;
- (2) “Agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. “Agent” does not include a common or contract carrier, public warehouseman, or employee of the carrier or warehouseman;
- (3) “Bureau” means the United States drug enforcement administration, United States department of justice, or its successor agency, except when used as the Tennessee bureau of investigation;
- (4) “Controlled substance” means a drug, substance, or immediate precursor in Schedules I through VII of §§ 39-17-403 — 39-17-416;
- (5) “Counterfeit substance” means a controlled substance which, or the container or labeling of which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed, or dispensed the substance;
- (6) “Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship;
- (7) “Dispense” means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery;
- (8) “Dispenser” means a practitioner who dispenses;
- (9) “Distribute” means to deliver other than by administering or dispensing a controlled substance;
- (10) “Distributor” means a person who distributes;
- (11) “Drug” means:
- (A) Substances recognized as drugs in the United States Pharmacopoeia, official Homeopaths Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;
- (B) Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animal;
- (C) Substances, other than food, intended to affect the structure or any function of the body of man or animal; and
- (D) Substances intended for use as a component of any article specified in subdivision (11)(A), (B) or (C). “Drug” does not include devices or their components, parts, or accessories;
- (12) “Drug paraphernalia” means all equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled substance as defined in subdivision (4). “Drug paraphernalia” includes, but is not limited to:
- (A) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled substance;
- (B)
- (i) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances;
- (ii) [Effective until July 1, 2025.] Subdivision (12)(B)(i) does not include narcotic testing equipment used to determine whether a controlled substance contains a synthetic opioid, unless the narcotic testing equipment is possessed for purposes of the defendant's commission of an offense under § 39-17-417. This subdivision (12)(B)(ii) is repealed on July 1, 2025;
- (C) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, marijuana concentrates, marijuana oil, cocaine, hashish, or hashish oil into the human body, such as:
- (i) Metal, acrylic, glass, stone, or plastic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
- (ii) Water pipes;
- (iii) Carburetion tubes and devices;
- (iv) Smoking and carburetion masks;
- (v) Chamber pipes;
- (vi) Carburetor pipes;
- (vii) Electric pipes;
- (viii) Chillums;
- (ix) Bongs; and
- (x) Ice pipes or chillers; and
- (D) Pill press devices and pieces of a pill press device, unless the pill press device or piece of a pill press device is used by a person or entity that lawfully possesses drug products in the course of legitimate business activities, including a pharmacy or pharmacist licensed by the board of pharmacy; a wholesale drug distributor, or its agents, licensed by the board of pharmacy; and a manufacturer of drug products, or its agents, licensed by the board of pharmacy;
- (13) “Immediate methamphetamine precursor” means ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers, or any drug or other product that contains a detectable quantity of ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers;
- (14) “Immediate precursor” means a substance that the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture;
- (15) “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that “manufacture” does not include the preparation or compounding of a controlled substance by an individual for the individual's own use or the preparation, compounding, packaging, or labeling of a controlled substance by:
- (A) A practitioner as an incident to administering or dispensing a controlled substance in the course of professional practice; or
- (B) A practitioner, or an authorized agent under the practitioner's supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale;
- (16)
- (A) “Marijuana” means all parts of the plant cannabis, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, including concentrates and oils, its seeds or resin;
- (B) “Marijuana” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from the mature stalks, fiber, oil, or cake, or the sterilized seeds of the plant which are incapable of germination;
- (C) “Marijuana” also does not include hemp, as defined in § 43-27-101;
- (D) The term “marijuana” does not include a product approved as a prescription medication by the United States food and drug administration. Such product shall be designated, rescheduled, or deleted as a controlled substance pursuant to § 39-17-403;
- (E) The term “marijuana” does not include cannabis oil containing the substance cannabidiol, with less than six tenths of one percent (0.6%) of tetrahydrocannabinol, including the necessary seeds and plants, when manufactured, processed, transferred, dispensed, or possessed by a four-year public or private institution of higher education certified by the drug enforcement administration located in the state as part of a clinical research study on the treatment of intractable seizures, cancer, or other diseases; and
- (F) The term “marijuana” does not include oil containing the substance cannabidiol, with less than nine-tenths of one percent (0.9%) of tetrahydrocannabinol, if:
- (i)
- (a) The bottle containing the oil is labeled by the manufacturer as containing cannabidiol in an amount less than nine-tenths of one percent (0.9%) of tetrahydrocannabinol; and
- (b) The person in possession of the oil retains:
- (1) Proof of the legal order or recommendation from the issuing state; and
- (2) Proof that the person or the person's immediate family member has been diagnosed with intractable seizures or epilepsy by a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in this state; or
- (ii)
- (a) The bottle containing the oil is labeled by the manufacturer as containing cannabidiol in an amount less than nine-tenths of one percent (0.9%) of tetrahydrocannabinol on a printed label that includes the manufacturer's name and the expiration date, batch number or lot number, and tetrahydrocannabinol concentration strength of the oil; and
- (b) The person in possession of the oil retains:
- (1) Proof of the legal order or recommendation from the issuing state;
- (2) Proof that the person or the person's immediate family member has been diagnosed with at least one (1) of the following diseases or conditions by a medical doctor or doctor of osteopathic medicine who is licensed to practice medicine in this state:
- (A) Alzheimer’s disease;
- (B) Amyotrophic lateral sclerosis (ALS);
- (C) Cancer, when such disease is diagnosed as end stage or the treatment produces related wasting illness, recalcitrant nausea and vomiting, or pain;
- (D) Inflammatory bowel disease, including Crohn’s disease and ulcerative colitis;
- (E) Multiple sclerosis;
- (F) Parkinson’s disease;
- (G) Human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS);
- (H) Sickle cell disease; or
- (I) Quadriplegia; and
- (3) Proof that the person or the person’s immediate family member has a valid letter of attestation, as defined in § 68-7-101;
- (17) “Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
- (A) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate;
- (B) Any salt, compound, isomer, derivative, or preparation thereof that is chemically equivalent or identical with any of the substances referred to in subdivision (17)(A), but not including the isoquinoline alkaloids of opium;
- (C) Opium poppy and poppy straw; and
- (D) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, isomer, derivative, or preparation thereof that is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves that do not contain cocaine or ecgonine;
- (18) “Opiate” means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. “Opiate” does not include, unless specifically designated as controlled under § 39-17-403, the dextrorotatory isomer of 3-methozy-methyl-morphinan and its salts (dextromethorphan). “Opiate” does not include its racemic and levorotatory forms;
- (19) “Opium poppy” means the plant of the species papaver somniferum 1, except its seeds;
- (20) “Person” means an individual, corporation, governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity;
- (21) “Pharmacist” means a licensed pharmacist as defined by the laws of this state, and where the context so requires, the owner of a store or other place of business where controlled substances are compounded or dispensed by a licensed pharmacist; but nothing in this part or title 53, chapter 11, parts 3 and 4 shall be construed as conferring on a person who is not registered or licensed as a pharmacist any authority, right or privilege that is not granted to that person by the pharmacy laws of this state;
- (22) “Poppy straw” means all parts, except the seeds, of the opium poppy after mowing;
- (23) “Practitioner” means:
- (A) A physician, dentist, optometrist, veterinarian, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state; or
- (B) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state;
- (24) “Production” includes the manufacturing, planting, cultivating, growing or harvesting of a controlled substance;
- (25) “State,” when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States;
- (26) “Ultimate user” means a person who lawfully possesses a controlled substance for the person's own use or for the use of a member of the person's household or for the administering to an animal owned by the person or by a member of the person's household; and
- (27) “Wholesaler” means a person who supplies a controlled substance that the person has not produced or prepared, on official written orders, but not on prescriptions.
History (18)
- Acts 1989, ch. 591, § 1
- 1993, ch. 295, § 8
- 2005, ch. 18, § 9
- 2010, ch. 1100, § 65
- 2012, ch. 575, § 2
- 2012, ch. 848, § 97
- 2014, ch. 916, § 1
- 2014 ch. 936, § 1
- 2015, ch. 352, § 1
- 2016, ch. 873, §§ 1, 2
- 2017, ch. 120, § 1
- 2018, ch. 1041, § 1
- 2019, ch. 87, § 1
- 2021, ch. 230, § 1
- 2021, ch. 577, § 3
- 2022, ch. 764, § 1
- 2022, ch. 804, § 1
- 2022, ch. 1054, § 1.
§ 39-17-403. Power to schedule dangerous drugs — Federal determination — Exclusions — Revision and publication of schedules. - (a) The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall administer this part and title 53, chapter 11, parts 3 and 4, and may add substances to or delete or reschedule all substances enumerated in the schedules in this part, pursuant to the procedures of the commissioner of mental health and substance abuse services upon the agreement of the commissioner of health. In making a determination regarding a substance, the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall consider the following:
- (1) The actual or relative potential for abuse;
- (2) The scientific evidence of its pharmacological effect, if known;
- (3) The state of current scientific knowledge regarding the substance;
- (4) The history and current pattern of abuse;
- (5) The scope, duration and significance of abuse;
- (6) The risk to the public health;
- (7) The potential of the substance to produce psychic or physiological dependence liability; and
- (8) Whether the substance is an immediate precursor of a substance already controlled under this section.
- (b) After considering the factors enumerated in subsection (a), the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall make findings with respect thereto and issue a rule controlling the substance if the findings show the substance has a potential for abuse.
- (c) If the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, designates a substance as an immediate precursor, substances that are precursors of the controlled precursor shall not be subject to control solely because they are precursors of the controlled precursor.
- (d) If any substance is designated, rescheduled, or deleted as a controlled substance under federal law and notice thereof is given to the commissioner of mental health and substance abuse services, the commissioner, upon the agreement of the commissioner of health, shall similarly control the substance under this part and title 53, chapter 11, parts 3 and 4 after the expiration of thirty (30) days from publication in the Federal Register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, unless within that thirty-day period, the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, objects to inclusion, rescheduling or deletion. In that case, the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall publish the reasons for objection and afford all interested parties an opportunity to be heard. At the conclusion of the hearing, the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall publish a decision, which shall be final unless altered by statute. Upon publication of objection to inclusion, rescheduling, or deletion under this part, and title 53, chapter 11, parts 3 and 4 by the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, control under this part and title 53, chapter 11, parts 3 and 4 is stayed until a decision in the matter is published.
- (e) Authority to control under this section does not extend to distilled spirits, wine, malt beverages or tobacco as those terms are defined or used elsewhere in this code.
- (f) The commissioner shall exclude the following from a schedule:
- (1) Hemp, as defined in § 43-27-101; and
- (2) Any nonnarcotic substance if, under the Federal Food, Drug and Cosmetic Act, compiled in 21 U.S.C. § 301 et seq., and the laws of this state, the substance may be lawfully sold over the counter without a prescription.
- (g) The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, in cooperation with the board of pharmacy, and in consultation with the director of the Tennessee bureau of investigation, shall revise and republish the schedules annually.
History (5)
- Acts 1989, ch. 591, § 1
- 2010, ch. 1100, § 65
- 2012, ch. 575, § 2
- 2018, ch. 1040, § 1
- 2019, ch. 87, § 2.
§ 39-17-404. Name of drug. - (a) The controlled substances listed or to be listed in the schedules in this part are included by whatever official, common, usual, chemical, or trade name designated.
- (b) Notwithstanding any law to the contrary, the following are excluded from all schedules:
- (1) Non-narcotic substances excluded under 21 CFR 1308.22, as amended;
- (2) Chemical preparations exempted under 21 CFR 1308.24, as amended;
- (3) Veterinary anabolic steroid implant products excluded under 21 CFR 1308.26, as amended;
- (4) Prescription products exempted under 21 CFR 1308.32, as amended;
- (5) Anabolic steroid products exempted under 21 CFR 1308.34, as amended; and
- (6) Certain cannabis plant material, and products made from such material, that contain tetrahydrocannabinols and that are exempted under 21 CFR 1308.35, as amended.
History (2)
- Acts 1989, ch. 591, § 1
- 2018, ch. 1040, § 2.
§ 39-17-405. Criteria for Schedule I. - The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall place a substance in Schedule I upon finding that the substance has:
- (1) High potential for abuse; and
- (2) No accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
History (3)
- Acts 1989, ch. 591, § 1
- 2010, ch. 1100, § 65
- 2012, ch. 575, § 2.
§ 39-17-406. Controlled substances in Schedule I. - (a) Schedule I consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
- (b) Opiates, unless specifically excepted or unless listed in another schedule, means any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation; provided, that for the purposes of subdivision (b)(48)(B)(xv), 3-Methylfentanyl, only, “isomer” includes the optical and geometric isomers:
- (1) Acetylmethadol;
- (2) Allylprodine;
- (3) Alphacetylmethadol (except levo-alphacetylmethadol, also known as levo-alpha-acetylmethadol; levomethadyl acetate; or LAAM);
- (4) Alphameprodine;
- (5) Alphamethadol;
- (6) Benzethidine;
- (7) Betacetylmethadol;
- (8) Betameprodine;
- (9) Betamethadol;
- (10) Betaprodine;
- (11) Clonitazene;
- (12) Dextromoramide;
- (13) Diampromide;
- (14) Diethylthiambutene;
- (15) Difenoxin;
- (16) Dimenoxadol;
- (17) Dimepheptanol;
- (18) Dimethylthiambutene;
- (19) Dioxaphetyl butyrate;
- (20) Dipipanone;
- (21) Ethylmethylthiambutene;
- (22) Etonitazene;
- (23) Etoxeridine;
- (24) Furethidine;
- (25) Hydroxypethidine;
- (26) Ketobemidone;
- (27) Levomoramide;
- (28) Levophenacylmorphan;
- (29) Morpheridine;
- (30) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
- (31) Noracymethadol;
- (32) Norlevorphanol;
- (33) Normethadone;
- (34) Norpipanone;
- (35) PEPAP (1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine);
- (36) Phenadoxone;
- (37) Phenampromide;
- (38) Phenomorphan;
- (39) Phenoperidine;
- (40) Piritramide;
- (41) Proheptazine;
- (42) Properidine;
- (43) Propiram;
- (44) Racemoramide;
- (45) Tilidine;
- (46) Trimeperidine;
- (47) U-47700; or
- (48) Fentanyl derivatives and analogues:
- (A) Unless specifically excepted, listed in another schedule, or contained within a pharmaceutical product approved by the United States food and drug administration, any material, compound, mixture, or preparation, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers, whenever the existence of such salts is possible within any of the following specific chemical designations containing a 4-anilidopiperidine structure:
- (i) With or without substitution at the carbonyl of the aniline moiety with alkyl, alkenyl, carboalkoxy, cycloalkyl, methoxyalkyl, cyanoalkyl, or aryl groups, or furanyl, dihydrofuranyl, benzyl moiety, or rings containing heteroatoms sulfur, oxygen, or nitrogen;
- (ii) With or without substitution at the piperidine amino moiety with a phenethyl, benzyl, alkylaryl (including heteroaromatics), alkyltetrazolyl ring, or an alkyl or carbomethoxy group, whether or not further substituted in the ring or group;
- (iii) With or without substitution or addition to the piperdine ring to any extent with one or more methyl, carbomethoxy, methoxy, methoxymethyl, aryl, allyl, or ester groups;
- (iv) With or without substitution of one or more hydrogen atoms for halogens, or methyl, alkyl, or methoxy groups, in the aromatic ring of the anilide moiety;
- (v) With or without substitution at the alpha or beta position of the piperidine ring with alkyl, hydroxyl, or methoxy groups;
- (vi) With or without substitution of the benzene ring of the anilide moiety for an aromatic heterocycle; or
- (vii) With or without substitution of the piperidine ring for a pyrrolidine ring, perhydroazepine ring, or azepine ring; and
- (B) The application of subdivision (b)(48)(A) includes, but is not limited to, any of the following:
- (i) Acetylfentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide);
- (ii) Acetyl-alpha-methylfentanyl (N-[1-(1-methyl-2-phenethyl)-4-piperidnyl]-N-phenyl-acetamide);
- (iii) Acryl fentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide);
- (iv) Alpha-methylfentanyl (N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl]propionanilide; 1-(1-methyl-2-phenylethyl)-4-(N-propanilido)piperidine);
- (v) Alpha-methylthiofentanyl (N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
- (vi) Benzodioxolefentanyl;
- (vii) Beta-hydroxyfentanyl (N-[1-(2-hydroxy-2-phenethyl)-4-piperidinyl]-N-phenylpropanamide);
- (viii) Beta-hydroxythiofentanyl (N-[1-[2-hydroxy-2-(thiophen-2-yl)ethyl]piperidin-4-yl]-N-phenylpropionamide); N-[1-[2-hydroxy-2-(2-thienyl)ethyl]-4-piperidinyl]-N-phenylpropanamide);
- (ix) Beta-hydroxy-3-methylfentanyl (N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-phenylpropanamide);
- (x) Butyrylfentanyl (N-(1-phenethylpiperidin-4-yl)-N-phenylbutyramide; N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide);
- (xi) Cyclopentyl fentanyl;
- (xii) Isobutyryl fentanyl;
- (xiii) Furanyl fentanyl;
- (xiv) Lofentanil;
- (xv) 3-Methylfentanyl (N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N-phenylpropanamide);
- (xvi) 3-Methylthiofentanyl (N-[3-methyl-1-(2-thienyl)ethyl-4-piperidinyl]-N-phenylpropanamide);
- (xvii) Ocfentanil;
- (xviii) Ohmefentanyl;
- (xix) Para-fluorofentanyl (N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl] propanamide);
- (xx) Para-fluoroisobutyryl fentanyl (N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide; 4-fluoroisobutyryl fentanyl;
- (xxi) Pentanoyl fentanyl;
- (xxii) Thiofentanyl; or
- (xxiii) Valeryl fentanyl.
- (c) Opium derivatives, unless specifically excepted or unless listed in another schedule, means any of the following opium derivatives, its salts, isomers, and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
- (1) Acetorphine;
- (2) Acetyldihydrocodeine;
- (3) Benzylmorphine;
- (4) Codeine methylbromide;
- (5) Codeine-N-Oxide;
- (6) Cyprenorphine;
- (7) Desomorphine;
- (8) Dihydromorphine;
- (9) Drotebanol;
- (10) Etorphine (except hydrochloride salt);
- (11) Heroin;
- (12) Hydromorphinol;
- (13) Methyldesorphine;
- (14) Methyldihydromorphine;
- (15) Morphine methylbromide;
- (16) Morphine methylsulfonate;
- (17) Morphine-N-Oxide;
- (18) Myrophine;
- (19) Nicocodeine;
- (20) Nicomorphine;
- (21) Normorphine;
- (22) Pholcodine; or
- (23) Thebacon.
- (d) Hallucinogenic substances, unless specifically excepted or unless listed in another schedule, means any material, compound mixture, or preparation that contains any quantity of the following hallucinogenic substances, or that contains any of its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specified chemical designation; provided, that for purposes of this subsection (d) only, “isomer” includes the optical, positional, and geometric isomers:
- (1) Alpha-ethyltryptamine
- Other names: etryptamine; Monase; [alpha]-ethyl-1H-indole-3-ethanamine; 3-(2-aminobutyl) indole; [alpha]-ET; and AET; ET; Trip;
- (2) Alpha-methyltryptamine
- Other name: AMT;
- (3) 4-Bromo-2,5-dimethoxyamphetamine
- Other names: 4-Bromo-2,5-dimethoxy-[alpha]-methylphenethylamine; 4-bromo-2,5-DMA;
- (4) 4-Bromo-2,5-dimethoxyphenethylamine
- Other names: 2-(4-Bromo-2,5-dimethoxyphenyl)-1-aminoethane; alpha-desmethyl DOB; 2C-B; Nexus;
- (5) 2-(4-Bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine
- Other names: 25B-NBOMe; 2C-B-NBOMe; 25B; Cimbi-36;
- (6) Bufotenine
- Other names: 3-([beta]-Dimethylaminoethyl)-5-hydroxyindole; 3-(2 dimethylaminoethyl)-5-indolol; N,N-dimethylserotonin; 5-hydroxy-N,N-dimethyltryptamine; mappine;
- (7) 2-(4-Chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine
- Other names: 25C-NBOMe; 2C-C-NBOMe; 25C; Cimbi-82;
- (8) Diethyltryptamine
- Other names: N,N-Diethyltryptamine; DET;
- (9) 2,5-Dimethoxyamphetamine
- Other names: 2,5-Dimethoxy-[alpha]-methylphenethylamine; 2,5-DMA;
- (10) 2,5-Dimethoxy-4-ethylamphetamine
- Other name: DOET;
- (11) 2,5 Dimethoxy-4-(n)-propylthiophenethylamine
- Other name: 2C-T-7;
- (12) Dimethyltryptamine
- Other name: DMT;
- (13) Ethylamine analogue of phencyclidine
- Other names: N-Ethyl-1-phenylcyclohexylamine; (1-phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine; cyclohexamine; PCE;
- (14) Ibogaine
- Other names: 7-Ethyl-6,6[beta],7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-5H-pyrido [1',2':1,2]azepino[5,4-b]indole; Tabenanthe iboga;
- (15) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine
- Other names: 25I-NBOMe; 2C-I-NBOMe; 25I; Cimbi-5;
- (16) Lysergic acid diethylamide
- Other name: LSD;
- (17) Mescaline
- Other name: Constituent of “Peyote” cacti;
- (18) 4-Methoxyamphetamine
- Other names: 4-methoxy-[alpha]-methylphenethylamine; paramethoxyamphetamine; PMA;
- (19) 5-Methoxy-3,4-methylenedioxyamphetamine;
- (20) 5-Methoxy-N,N-diisopropyltryptamine
- Other name: 5-MeO-DIPT;
- (21) 5-methoxy-N,N-dimethyltryptamine
- Other names: 5-methoxy-3-[2-(dimethylamino)ethyl]indole; 5-MeO-DMT;
- (22) 4-Methyl-2,5-dimethoxyamphetamine
- Other names: 4-methyl-2,5-dimethoxy-[alpha]-methylphenethylamine; DOM; STP;
- (23) 3,4-Methylenedioxyamphetamine;
- (24) 3,4-Methylenedioxymethamphetamine
- Other name: MDMA;
- (25) 3,4-Methylenedioxy-N-ethylamphetamine
- Other names: N-ethyl-alpha-methyl 3,4(methylenedioxy) phenethylamine; N-ethyl MDA; MDE; MDEA;
- (26) 3,4-Methylenedioxy-N-methylcathinone
- Other name: Methylone;
- (27) N-Ethyl-3-piperidyl benzilate;
- (28) N-Hydroxy-3,4-methylenedioxyamphetamine
- Other names: N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine; N-hydroxy MDA;
- (29) N-methyl-3-piperidyl benzilate;
- (30) Parahexyl
- Other names: 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran; Synhexyl;
- (31) Peyote
- Meaning all parts of the plant presently classified botanically as Lophophora williamsii Lamaire, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture, or preparation of such plant or its seeds or extracts (Interprets 21 U.S.C. § 812(c), Schedule l(c)(12));
- (32) Psilocybin (constituent of magic mushrooms);
- (33) Psilocyn (constituent of magic mushrooms);
- (34) Pyrrolidine analogue of phencyclidine (1-(1-phenylcyclohexyl)-pyrrolidine)
- Other names: PCPy; PHP;
- (35) 1-[1-(2-Thienyl)cyclohexyl]pyrrolidine
- Other name: TCPy;
- (36) 4-Methylmethcathinone
- Other names: mephedrone; methpadrone; 4-MMC;
- (37) 3,4-Methylenedioxypyrovalerone
- Other name: MDPV;
- (38) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
- (39) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D);
- (40) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
- (41) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
- (42) 2-[4-Ethylthio-2,5-dimethoxyphenyl]ethanamine (2C-T-2);
- (43) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4);
- (44) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
- (45) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
- (46) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P);
- (47) Thiophene analogue of phencyclidine
- Other names: 1-[1-(2-thienyl)cyclohexyl]piperidine; 2-thienylanalog of phencyclidine; TPCP; TCP;
- (48) 3,4,5-Trimethoxyamphetamine;
- (49) (1-Pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone
- Other names: UR-144; 1-pentyl-3-(2,2,3,3 tetramethylcyclopropoyl)indole; or
- (50) [1-(5-Fluoro-pentyl)-1H-indol-3-yl](2,2,3,3-tetramethylcyclopropyl) methanone
- Other names: 5-fluoro-UR-144; 5-F-UR-144; XLR-11 1-(5-fluoro-pentyl)-3- (2,2,3,3-tetramethylcyclopropoyl)indole.
- (e) Depressants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specified chemical designation:
- (1) Etizolam
- Other names: Etilaam, Etizola, Sedekopan, Pasaden, Depas;
- (2) Gamma-hydroxybutyric acid
- Other names: GHB; gamma-hydroxybutyrate; 4-hydroxybutyrate; 4-hydroxybutanoic acid; sodium oxybate; sodium oxybutyrate;
- (3) Mecloqualone; or
- (4) Methaqualone.
- (f) Stimulants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:
- (1) Alpha-pyrrolidinobutiophenone
- Other names: [alpha]-PBP; 1-phenyl-2-(pyrrolidin-1-yl)butan-1-one;
- (2) Alpha-pyrrolidinopentiophenone
- Other names: [alpha]-PVP; [alpha]-pyrrolidinovalerophenone; 1-phenyl-2-(pyrrolidin-1-yl)pentan-1-one;
- (3) Aminorex
- Other names: aminoxophen; 2-amino-5-phenyl-2-oxazoline; or 4,5-dihydro-5-phenyl-2-oxazolamine;
- (4) Butylone
- Other names: bk-MBDB; 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one;
- (5) Cathinone
- Other names: 2-amino-1-phenyl-1-propanone; alpha-aminopropiophenone; 2-aminopropiophenone; norphedrone; constituent of catha edulis or “Khat” plant;
- (6) 3-Fluoro-N-methylcathinone
- Other names: 3-FMC; 1-(3-fluorophenyl)-2-(methylamino)propan-1-one;
- (7) 4-Fluoro-N-methylcathinone
- Other names: 4-FMC; flephedrone; 1-(4-fluorophenyl)-2-(methylamino)propan-1-one;
- (8) Fenethylline;
- (9) Methcathinone
- Other names: 2-(methylamino)-propiophenone; alpha-(methylamino) propiophenone; 2-(methylamino)-1-phenylpropan-1-one; alpha-N-methylaminopropiophenone; monomethylpropion; ephedrone; N-methylcathinone; methylcathinone; AL-464; AL-422; AL-463; and UR1432;
- (10) (+/-)cis-4-Methylaminorex (cis isomer)
- Other name: (+/-)cis-4,5 dihydro-4-methyl-5-phenyl-2-oxazolamine;
- (11) 4-Methyl-N-ethylcathinone
- Other names: 4-MEC; 2-(ethylamino)-1-(4-methylphenyl)propan-1-one;
- (12) 4-Methyl-alpha-pyrrolidinopropiophenone
- Other names: 4-MePPP; MePPP; 4-methyl-[alpha]-pyrrolidinopropiophenone; 1-(4-methylphenyl)-2-(pyrrolidin-1-yl)-propan-1-one;
- (13) Naphyrone
- Other names: naphthylpyrovalerone; 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl)pentan-1-one;
- (14) N-Benzylpiperazine
- Other names: BZP; 1-benzylpiperazine;
- (15) N-Ethylamphetamine;
- (16) N,N-Dimethylamphetamine
- Other names: N,N-alpha-trimethyl-benzeneethanamine; N,N-alpha-trimethylphenethylamine;
- (17) Pentedrone
- Other names: [alpha]-methylaminovalerophenone; 2-(methylamino)-1-phenylpentan-1-one; or
- (18) Pentylone
- Other names: bk-MBDP; 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one.
- (g) Cannabimimetic agents, unless specifically exempted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances, or that contains their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
- (1) 5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497);
- (2) 5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP-47,497 C8-homolog);
- (3) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678);
- (4) 1-Butyl-3-(1-naphthoyl)indole (JWH-073);
- (5) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
- (6) 1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
- (7) 1-Pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
- (8) 1-Pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081);
- (9) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
- (10) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
- (11) (1-(5-Fluoropentyl)-1H-indazol-3-yl)(naphthalen-1-yl)methanone (THJ-2201);
- (12) 1-(5-Fluoropentyl)-3-(1-naphthoyl)indole (AM2201);
- (13) 1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole (AM694);
- (14) 1-Pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19 and RCS-4);
- (15) 1-Cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and RCS-8);
- (16) 1-Pentyl-3-(2-chlorophenylacetyl)indole (JWH-203);
- (17) Methyl 2-(1-(cyclohexylmethyl)-1h-indole-3-carboxamido)-3,3-dimethylbutanoate
- Other names: MDMB-CHMICA, MMB-CHMINACA;
- (18) Methyl 2-(1-(4-fluorobenzyl)-1h-indazole-3-carboxamido)-3,3-dimethylbutanoate
- Other name: MDMB-FUBINACA;
- (19) Methyl 2-(1-(5-fluoropentyl)-1h-indazole-3-carboxamido)-3-methylbutanoate
- Other name: 5F-AMB;
- (20) Methyl 2-(1-(5-fluoropentyl)-1h-indazole-3-carboxamido)-3,3-dimethylbutanoate
- Other names: 5F-ADB, 5F-MDMB-PINACA;
- (21) N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide
- Other names: APINACA; AKB48;
- (22) N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide
- Other names: 5F-APINACA, 5F-AKB48;
- (23) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide
- Other name: AB-FUBINACA;
- (24) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1H-indazole-3-carboxamide
- Other name: AB-CHMINACA;
- (25) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)1H-indazole-3-carboxamide
- Other name: ADB-FUBINACA;
- (26) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide
- Other name: ADB-PINACA;
- (27) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-pentyl-1H-indazole-3-carboxamide
- Other name: AB-PINACA;
- (28) Quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-carboxylate
- Other names: 5-fluoro-PB-22; 5F-PB-22; or
- (29) Quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate
- Other names: PB-22; QUPIC.
History (8)
- Acts 1989, ch. 591, § 1
- 1997, ch. 107, § 1
- 1997, ch. 149, § 1
- 2007, ch. 298, §§ 1-4
- 2012, ch. 812, § 1
- 2014, ch. 735, § 2
- 2015, ch. 302, § 1
- 2018, ch. 1040, § 3.
§ 39-17-407. Criteria for Schedule II. - The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall place a substance in Schedule II upon finding that:
- (1) The substance has high potential for abuse;
- (2) The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and
- (3) The abuse of the substance may lead to severe psychic or physical dependence.
History (3)
- Acts 1989, ch. 591, § 1
- 2010, ch. 1100, § 65
- 2012, ch. 575, § 2.
§ 39-17-408. Controlled substances in Schedule II. - (a) Schedule II consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
- (b) Substances, vegetable origin or chemical synthesis, unless specifically excepted or unless listed in another schedule, means any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
- (1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate excluding apomorphine, dextrorphan, thebaine-derived butorphanol, nalmefene, nalbuphine, naloxone, and naltrexone, and their respective salts, but including the following:
- (A) Codeine;
- (B) Dihydroetorphine;
- (C) Ethylmorphine;
- (D) Etorphine hydrochloride;
- (E) Granulated opium;
- (F) Hydrocodone;
- (G) Hydromorphone;
- (H) Metopon;
- (I) Morphine;
- (J) Opium extracts;
- (K) Opium fluid;
- (L) Oripavine;
- (M) Oxycodone;
- (N) Oxymorphone;
- (O) Powdered opium;
- (P) Raw opium;
- (Q) Thebaine; or
- (R) Tincture of opium;
- (2) Any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical with any of the substances referred to in subdivision (b)(1), except that these substances shall not include the isoquinoline alkaloids of opium;
- (3) Opium poppy and poppy straw;
- (4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves (including cocaine and ecgonine and their salts, isomers, derivatives, and salts of isomers and derivatives), and any salt, compound, derivative, or preparation thereof that is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine; or
- (5) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form that contains the phenanthrene alkaloids of the opium poppy).
- (c) Opiates, unless specifically excepted or unless in another schedule, means any of the following opiates, including its isomers, esters, ethers, salts, and salts of isomers, esters, and ethers whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation, dextrorphan and levopropoxyphene excepted:
- (1) Alfentanil;
- (2) Alphaprodine;
- (3) Anileridine;
- (4) Bezitramide;
- (5) Carfentanil;
- (6) Dextropropoxyphene (bulk, non-dosage forms);
- (7) Dihydrocodeine;
- (8) Diphenoxylate;
- (9) Fentanyl;
- (10) lsomethadone;
- (11) Levo-alphacetylmethadol
- Other names: levo-alpha-acetylmethadol; levomethadyl acetate; LAAM;
- (12) Levomethorphan;
- (13) Levorphanol;
- (14) Metazocine;
- (15) Methadone;
- (16) Methadone-Intermediate; 4-cyano-2-dimethylamino-4,4-diphenyl butane;
- (17) Moramide-lntermediate; diphenylpropane-carboxylic acid; 2-methyl-3-morpholino-1,1-Pethidine (meperidine);
- (18) Pethidine (meperidine);
- (19) Pethidine-Intermediate-A; 4-cyano-1-methyl-4-phenylpiperidine;
- (20) Pethidine-Intermediate-B; ethyl-4-phenylpiperidine-4-carboxylate;
- (21) Pethidine-Intermediate-C; 1-methyl-4-phenylpiperidine-4-carboxylic acid;
- (22) Phenazocine;
- (23) Piminodine;
- (24) Racemethorphan;
- (25) Racemorphan;
- (26) Remifentanil;
- (27) Sufentanil;
- (28) Tapentadol; or
- (29) Thiafentanil.
- (d) Stimulants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system:
- (1) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
- (2) Methamphetamine, its salts, isomers, and salts of its isomers;
- (3) Phenmetrazine and its salts;
- (4) Methylphenidate; or
- (5) Lisdexamfetamine, its salts, isomers, and salts of its isomers.
- (e) Depressants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
- (1) Amobarbital;
- (2) Glutethimide;
- (3) Pentobarbital;
- (4) Phencyclidine; or
- (5) Secobarbital.
- (f) Hallucinogenic substances:
- (1) Nabilone
- Other names: (±)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1- hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one; or
- (2) Dronabinol in oral solution in drug product approved for marketing by United States food and drug administration
- Other names: [(-)-delta-9-trans tetrahydrocannabinol], Syndros.
- (g) Immediate precursors, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances:
- (1) Immediate precursor to amphetamine and methamphetamine:
- (A) Phenylacetone
- Other names: phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl ketone;
- (2) Immediate precursors to phencyclidine (PCP):
- (A) 1-phenylcyclohexylamine; or
- (B) 1-piperidinocyclohexanecarbonitrile (PCC); or
- (3) Immediate precursor to fentanyl:
- (A) 4-anilino-N-phenethyl-4-piperidine (ANPP).
- (h) Tianeptine and any salt, sulfate, free acid, or other preparation of tianeptine, and any salt, sulfate, free acid, compound, derivative, precursor, or other preparation thereof that is substantially chemically equivalent or identical with tianeptine.
History (7)
- Acts 1989, ch. 591, § 1
- 2000, ch. 884, § 1
- 2007, ch. 298, §§ 5-7
- 2012, ch. 812, § 2
- 2015, ch. 302, § 2
- 2018, ch. 1040, §§ 4-6
- 2022, ch. 1135, § 1.
§ 39-17-409. Criteria for Schedule III. - The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall place a substance in Schedule III upon finding that:
- (1) The substance has a potential for abuse less than the substances listed in Schedules I and II;
- (2) The substance has currently accepted medical use in treatment in the United States; and
- (3) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
History (3)
- Acts 1989, ch. 591, § 1
- 2010, ch. 1100, § 65
- 2012, ch. 575, § 2.
§ 39-17-410. Controlled substances in Schedule III. - (a) Schedule III consists of the drugs and other substances by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
- (b) Stimulants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers (whether optical, positional, or geometric), and salts of such isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
- (1) Those compounds, mixtures, or preparations in dosage unit form containing any stimulant substances listed in Schedule II, which compounds, mixtures, or preparations were listed on August 25, 1971, as excepted compounds under 21 CFR 1308.32, and any other drug of the quantitative composition shown in that list for those drugs or that is the same except that it contains a lesser quantity of controlled substances;
- (2) Benzphetamine;
- (3) Clorphentermine;
- (4) Clortermine; or
- (5) Phendimetrazine.
- (c) Depressants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system:
- (1) Any compound, mixture, or preparation containing:
- (A) Amobarbital;
- (B) Secobarbital;
- (C) Pentobarbital;
- or any salt thereof and one (1) or more other active medicinal ingredients that are not listed in any schedule;
- (2) Any suppository dosage form containing:
- (A) Amobarbital;
- (B) Secobarbital;
- (C) Pentobarbital;
- or any salt of these drugs and approved by the federal food and drug administration for marketing only as a suppository;
- (3) Any substance that contains any quantity of a derivative of barbituric acid or any salt thereof. Examples include the following drugs:
- (A) Aprobarbital;
- (B) Butabarbital (secbutabarbital);
- (C) Butalbital;
- (D) Butobarbital (butethal);
- (E) Talbutal;
- (F) Thiamylal;
- (G) Thiopental; or
- (H) Vinbarbital;
- (4) Chlorhexadol;
- (5) Embutramide;
- (6) Gamma hydroxybutyric acid preparations. Any drug product containing gamma hydroxybutyric acid, including its salts, isomers, and salts of isomers, for which an application is approved under § 505 of the federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.);
- (7) Ketamine, its salts, isomers, and salts of isomers
- Other name: (±)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone;
- (8) Lysergic acid;
- (9) Lysergic acid amide;
- (10) Methyprylon;
- (11) Perampanel, and its salts, isomers, and salts of isomers;
- (12) Sulfondiethylmethane;
- (13) Sulfonethylmethane;
- (14) Sulfonmethane; or
- (15) Tiletamine and zolazepam or any salt of tiletamine or zolazepam:
- (A) Other name for a tiletamine-zolazepam combination product: Telazol®;
- (B) Other name for tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone; and
- (C) Other names for zolazepam: 4-(2-fluorophenyl)-6,8-dihydro-1,3,8-trimethylpyrazolo[3,4-e],[1,4]-diazepin-7(1H)-one; flupyrazapon.
- (d) Nalorphine.
- (e) Narcotic drugs, unless specifically excepted or unless listed in another schedule, means:
- (1) Any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:
- (A) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
- (B) Not more than 1.8 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one (1) or more active, non-narcotic ingredients in recognized therapeutic amounts;
- (C) Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one (1) or more active non-narcotic ingredients in recognized therapeutic amounts;
- (D) Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than 15 milligrams per dosage unit, with one (1) or more active non-narcotic ingredients in recognized therapeutic amounts;
- (E) Not more than 500 milligrams of opium per 100 milliliters or per 100 grams or not more than 25 milligrams per dosage unit, with one (1) or more active, non-narcotic ingredients in recognized therapeutic amounts; or
- (F) Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams, with one (1) or more active, non-narcotic ingredients in recognized therapeutic amounts;
- (2) Any material, compound, mixture, or preparation containing any of the following narcotic drug or its salts:
- (A) Buprenorphine.
- (f) Anabolic steroids, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation containing any quantity of the following substances, including its salts, esters, and ethers:
- (1) Anabolic steroids:
- (A) 3[alpha],17[beta]-dihydroxy-5a-androstane;
- (B) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy-5a-androstane;
- (C) 17[alpha]-methyl-3[beta],17[beta]-dihydroxy-5a-androstane;
- (D) 17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-4-ene;
- (E) 17[alpha]-methyl-[delta]1-dihydrotestosterone(17[beta]-hydroxy-17[alpha]-methyl-5[alpha]-androst-1-en-3-one
- Other Names: 17-[alpha]-methyl-1-testosterone;
- (F) 17[alpha]-methyl-4-hydroxynandrolone(17[alpha]-methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one);
- (G) 1-Androstenediol (3[alpha],17[beta]-dihydroxy-5[alpha]-androst-1-ene);
- (H) 1-Androstenediol (3[beta],17[beta]-dihydroxy-5[alpha]-androst-1-ene);
- (I) 4-Androstenediol (3[beta],17[beta]-dihydroxy-androst-4-ene);
- (J) 5-Androstenediol (3[beta],17[beta]-dihydroxy-androst-5-ene);
- (K) 1-Androstenedione (5[alpha]-androst-1-en-3,17-dione);
- (L) 4-Androstenedione (androst-4-en-3,17-dione);
- (M) 5-Androstenedione (androst-5-en-3,17-dione);
- (N) 3[Beta],17[beta]-dihydroxy-5a-androstane;
- (O) 13[Beta]-ethyl-17[beta]-hydroxygon-4-en-3-one;
- (P) Androstanedione (5[alpha]-androstan-3,17-dione);
- (Q) Bolasterone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);
- (R) Boldenone (17[beta]-hydroxyandrost-1,4-diene-3-one);
- (S) Boldione (androsta-1,4-diene-3,17-dione);
- (T) Calusterone (7[beta],17[alpha]-dimethyl-17[beta]-hydroxyandrost-4-en-3-one);
- (U) Clostebol (4-chloro-17[beta]-hydroxyandrost-4-en-3-one)
- Other Name: 4-Chlorotestosterone;
- (V) Dehydrochloromethyltestosterone (4-chloro-17[beta]-hydroxy-17[alpha]-methylandrost-1,4-dien-3-one);
- (W) [Delta]1-dihydrotestosterone (17[beta]-hydroxy-5[alpha]-androst-1-en-3-one)
- Other name: 1-testosterone;
- (X) Desoxymethyltestosterone (17[alpha]-methyl-5[alpha]-androst-2-en-17[beta]-ol)
- Other name: madol;
- (Y) 4-Dihydrotestosterone (17[beta]-hydroxyandrostan-3-one);
- (Z) Drostanolone (17[beta]-hydroxy-2[alpha]-methyl-5[alpha]-androstan-3-one);
- (AA) Ethylestrenol (17[alpha]-ethyl-17[beta]-hydroxyestr-4-ene);
- (BB) Fluoxymesterone (9-fluoro-17[alpha]-methyl-11[beta],17[beta]-dihydroxyandrost-4-en-3-one);
- (CC) Formebolone (2-formyl-17[alpha]-methyl-11[alpha],17[beta]-dihydroxyandrost-1,4-dien-3-one);
- (DD) Furazabol (17[alpha]-methyl-17[beta]-hydroxyandrostano[2,3-c]-furazan);
- (EE) 4-Hydroxy-19-nortestosterone (4,17[beta]-dihydroxyestr-4-en-3-one);
- (FF) 4-Hydroxytestosterone (4,17[beta]-dihydroxyandrost-4-en-3-one);
- (GG) Mestanolone (17[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one);
- (HH) Mesterolone (1[alpha]-methyl-17[beta]-hydroxy-5[alpha]-androstan-3-one);
- (II) Methandienone (17[alpha]-methyl-17[beta]-hydroxyandrost-1,4-diene-3-one);
- (JJ) Methandranone;
- (KK) Methandriol (17[alpha]-methyl-3[beta],17[beta]-dihydroxyandrost-5-ene);
- (LL) Methandrostenolone;
- (MM) Methasterone (2[alpha],17[alpha]-dimethyl-5[alpha]-androstan-17[beta]-ol-3-one);
- (NN) Methenolone (1-methyl-17[beta]-hydroxy-5[alpha]-androst-1-en-3-one);
- (OO) Methyldienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9(10)-dien-3-one);
- (PP) Methyltestosterone (17[alpha]-methyl-17[beta]-hydroxyandrost-4-en-3-one);
- (QQ) Methyltrienolone (17[alpha]-methyl-17[beta]-hydroxyestra-4,9,11-trien-3-one);
- (RR) Mibolerone (7[alpha],17[alpha]-dimethyl-17[beta]-hydroxyestr-4-en-3-one);
- (SS) Nandrolone (17[beta]-hydroxyestr-4-en-3-one);
- (TT) 19-Nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione);
- (UU) 19-Nor-4-androstenediol (3[alpha],17[beta]-dihydroxyestr-4-ene);
- (VV) 19-Nor-4-androstenediol (3[beta],17[beta]-dihydroxyestr-4-ene);
- (WW) 19-Nor-5-androstenediol (3[alpha],17[beta]-dihydroxyestr-5-ene);
- (XX) 19-Nor-5-androstenediol (3[beta],17[beta]-dihydroxyestr-5-ene);
- (YY) 19-Nor-4-androstenedione (estr-4-en-3,17-dione);
- (ZZ) 19-Nor-5-androstenedione (estr-5-en-3,17-dione);
- (AAA) Norbolethone (13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4-en-3-one);
- (BBB) Norclostebol (4-chloro-17[beta]-hydroxyestr-4-en-3-one);
- (CCC) Norethandrolone (17[alpha]-ethyl-17[beta]-hydroxyestr-4-en-3-one);
- (DDD) Normethandrolone (17[alpha]-methyl-17[beta]-hydroxyestr-4-en-3-one);
- (EEE) Oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-2-oxa-5[alpha]-androstan-3-one);
- (FFF) Oxymesterone (17[alpha]-methyl-4,17[beta]-dihydroxyandrost-4-en-3-one);
- (GGG) Oxymetholone (17[alpha]-methyl-2-hydroxymethylene-17[beta]-hydroxy-[5[alpha]]-androstan-3-one);
- (HHH) Prostanozol (17[beta]-hydroxy-5[alpha]-androstano[3,2-c]pryazole);
- (III) Stanolone (17[beta]-hydroxy-5alpha-androstan-3-one);
- (JJJ) Stanozolol (17[alpha]-methyl-17[beta]-hydroxy-[5[alpha]]-androst-2-eno[3,2-c]-pyrazole);
- (KKK) Stenbolone (17[beta]-hydroxy-2-methyl-[5[alpha]]-androst-1-en-3-one);
- (LLL) Testolactone (13-hydroxy-3-oxo-13,17-secoandrosta-1,4-dien-17-oic acid lactone);
- (MMM) Testosterone (17[beta]-hydroxyandrost-4-en-3-one);
- (NNN) Tetrahydrogestrinone (13[beta],17[alpha]-diethyl-17[beta]-hydroxygon-4,9,11-trien-3-one); or
- (OOO) Trenbolone (17[beta]-hydroxyestr-4,9,11-trien-3-one).
- (2) Any salt, ester, or ether of a drug or substance described in this subsection (f), except such term does not include an anabolic steroid that is expressly intended for administration through implants to cattle or other nonhuman species and that has been approved by the United States secretary of health and human services for such administration. If any person prescribes, dispenses, or distributes such steroid for human use, the person shall be considered to have prescribed, dispensed, or distributed an anabolic steroid within the meaning of this subsection (f); or
- (3) Anabolic steroids with a combination of estrogens intended for administration to hormone deficient women are exempt from this rule unless such steroids are prescribed, dispensed, or distributed to women who are not hormone deficient.
- (g) Hallucinogenic substances:
- (1) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a United States food and drug administration approved product
- Other names: (6aR-trans)-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-3-pentyl-6-H-dibenzo[b,d]pyran-1-ol or (-)-delta-9-(trans)-tetrahydrocannabinol.
History (9)
- Acts 1989, ch. 591, § 1
- 1992, ch. 700, § 3
- 1996, ch. 694, §§ 1, 2
- 2000, ch. 755, § 2
- 2000, ch. 884, § 2
- 2007, ch. 298, §§ 8-10
- 2012, ch. 812, § 3
- 2015, ch. 302, § 3
- 2018, ch. 1040, § 7.
§ 39-17-411. Criteria for Schedule IV. - The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall place a substance in Schedule IV upon finding that:
- (1) The substance has a low potential for abuse relative to substances in Schedule III;
- (2) The substance has currently accepted medical use in treatment in the United States; and
- (3) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in Schedule III.
History (3)
- Acts 1989, ch. 591, § 1
- 2010, ch. 1100, § 65
- 2012, ch. 575, § 2.
§ 39-17-412. Controlled substances in Schedule IV. - (a) Schedule IV consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
- (b) Narcotic drugs, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below:
- (1) Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit; or
- (2) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-propionoxybutane).
- (c) Depressants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
- (1) Alfaxalone;
- (2) Alprazolam;
- (3) Barbital;
- (4) Bromazepam;
- (5) Camazepam;
- (6) Carisoprodol
- Other name: Soma®;
- (7) Chloral betaine;
- (8) Chloral hydrate;
- (9) Chlordiazepoxide;
- (10) Clobazam;
- (11) Clonazepam;
- (12) Clorazepate;
- (13) Clotiazepam;
- (14) Cloxazolam;
- (15) Delorazepam;
- (16) Diazepam;
- (17) Dichloralphenazone;
- (18) Estazolam;
- (19) Eszopiclone;
- (20) Ethchlorvynol;
- (21) Ethinamate;
- (22) Ethyl loflazepate;
- (23) Fludiazepam;
- (24) Flunitrazepam;
- (25) Flurazepam;
- (26) Fospropofol;
- (27) Halazepam;
- (28) Haloxazolam;
- (29) Ketazolam;
- (30) Loprazolam;
- (31) Lorazepam;
- (32) Lormetazepam;
- (33) Mebutamate;
- (34) Medazepam;
- (35) Meprobamate;
- (36) Methohexital;
- (37) Methylphenobarbital (mephobarbital);
- (38) Midazolam;
- (39) Nimetazepam;
- (40) Nitrazepam;
- (41) Nordiazepam;
- (42) Oxazepam;
- (43) Oxazolam;
- (44) Paraldehyde;
- (45) Petrichloral;
- (46) Phenobarbital;
- (47) Pinazepam;
- (48) Prazepam;
- (49) Quazepam;
- (50) Suvorexant;
- (51) Temazepam;
- (52) Tetrazepam;
- (53) Tramadol
- Other names: Ultram® and Ultracet®;
- (54) Triazolam;
- (55) Zaleplon;
- (56) Zolpidem; or
- (57) Zopiclone.
- (d) Fenfluramine means any material, compound, mixture, or preparation that contains any quantity of the following substances, including its salts, isomers (whether optical, positional, or geometric), and salts of isomers, whenever the existence of such salts, isomers, and salts of isomers is possible:
- (1) Fenfluramine; or
- (2) Dexfenfluramine.
- (e) Lorcaserin means any material, compound, mixture, or preparation that contains any quantity of the following substances, including its salts, isomers, and salts of such isomers, whenever the existence of such salts, isomers, and salts of isomers is possible:
- (1) Lorcaserin.
- (f) Stimulants, unless specifically excepted or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:
- (1) Cathine ((+)-norpseudoephedrine);
- (2) Diethylpropion;
- (3) Fencamfamin;
- (4) Fenproporex;
- (5) Mazindol;
- (6) Mefenorex;
- (7) Modafinil;
- (8) Pemoline (including organometallic complexes and chelates thereof);
- (9) Phentermine;
- (10) Pipradol;
- (11) Sibutramine; or
- (12) SPA ((-)-1-dimethylamino-1,2-diphenylethane).
- (g) Other substances. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substances, including its salts:
- (1) Pentazocine;
- (2) Butorphanol (including its optical isomers); or
- (3) Eluxadoline (5-[[[(2S)-2-amino-3-[4-aminocarbonyl)-2,6-dimethylphenyl]-1-oxopropyl][(1S)-1-(4-phenyl-1H-imidazol-2-yl)ethyl]amino]methyl]-2-methoxybenzoic acid) (including its optical isomers) and its salts, isomers, and salts of isomers.
History (10)
- Acts 1989, ch. 591, § 1
- 1997, ch. 107, § 2
- 1997, ch. 236, § 1
- 1997, ch. 445, § 1
- 1998, ch. 868, § 1
- 2000, ch. 755, § 1
- 2007, ch. 298, §§ 11-13
- 2012, ch. 812, § 4
- 2015, ch. 302, § 4
- 2018, ch. 1040, § 8.
§ 39-17-413. Criteria for Schedule V. - The commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, shall place a substance in Schedule V upon finding that:
- (1) The substance has low potential for abuse relative to the controlled substances listed in Schedule IV;
- (2) The substance has currently accepted medical use in treatment in the United States; and
- (3) The substance has limited physical dependence or psychological dependence liability relative to the controlled substances listed in Schedule IV.
History (3)
- Acts 1989, ch. 591, § 1
- 2010, ch. 1100, § 65
- 2012, ch. 575, § 2.
§ 39-17-414. Controlled substances in Schedule V. - (a) Schedule V consists of the drugs and other substances, by whatever official name, common or usual name, chemical name, or brand name designated, listed in this section.
- (b) Narcotic drugs containing non-narcotic active medicinal ingredients. Any compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth below, which shall include one (1) or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation valuable medicinal qualities other than those possessed by narcotic drugs alone:
- (1) Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams;
- (2) Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
- (3) Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
- (4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;
- (5) Not more than 100 milligrams of opium per 100 milliliters or per 100 grams; or
- (6) Not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine sulfate per dosage unit.
- (c) Stimulants, unless specifically exempted or excluded, or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:
- (1) Pyrovalerone.
- (d) Depressants, unless specifically exempted or excluded or unless listed in another schedule, means any material, compound, mixture, or preparation that contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts:
- (1) Brivaracetam ((2S)-2-[(4R)-2-oxo-4-propylpyrrolidin-1-yl] butanamide);
- (2) Ezogabine [N-[2-amino-4-(4-fluorobenzylamino)-phenyl]-carbamic acid ethyl ester];
- (3) Gabapentin [1-(aminomethyl)cyclohexaneacetic acid];
- (4) Lacosamide [(R)-2-acetoamido-N-benzyl-3-methoxy-propionamide]; or
- (5) Pregabalin [(S)-3-(aminomethyl)-5-methylhexonoic acid].
History (5)
- Acts 1989, ch. 591, § 1
- 2007, ch. 298, §§ 14, 15
- 2012, ch. 812, § 5
- 2015, ch. 302, § 5
- 2018, ch. 1040, § 9.
§ 39-17-415. Criteria and controlled substances for Schedule VI. - (a) There is established a Schedule VI for the classification of substances which the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, upon considering the factors set forth in § 39-17-403, decides should not be included in Schedules I through V. The controlled substances included in Schedule VI are:
- (1) Marijuana;
- (2) Tetrahydrocannabinols; and
- (3) Synthetic equivalents of the substances contained in the plant, or in the resinous extractives of Cannabis, sp. and/or synthetic substances, derivatives, and their isomers with similar chemical structure and pharmacological activity, such as the following:
- (A) 1 cis or trans tetrahydrocannabinol, and its optical isomers;
- (B) 6 cis or trans tetrahydrocannabinol, and its optical isomers; or
- (C) 3, 4 cis or trans tetrahydrocannabinol, and its optical isomers.
- (b) Since nomenclature of these substances is not internationally standardized, compounds of these structures, regardless of numerical designation of atomic positions are covered.
- (c) This section does not categorize hemp, as defined in § 43-27-101, as a controlled substance.
History (6)
- Acts 1989, ch. 591, § 1
- 2010, ch. 1100, § 65
- 2012, ch. 575, § 2
- 2014, ch. 916, § 2
- 2016, ch. 728, § 2
- 2019, ch. 87, § 3.
§ 39-17-416. Controlled substances in Schedule VII. - (a) There is established a Schedule VII for the classification of substances that should not be included in Schedules I through VI.
- (b) The controlled substance included in Schedule VII is Butyl nitrite and any isomer of Butyl nitrite.
History (3)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1044, § 1
- 1992, ch. 700, §§ 1, 2.
§ 39-17-417. Criminal offenses and penalties. - (a) It is an offense for a defendant to knowingly:
- (1) Manufacture a controlled substance;
- (2) Deliver a controlled substance;
- (3) Sell a controlled substance; or
- (4) Possess a controlled substance with intent to manufacture, deliver or sell the controlled substance.
- (b) A violation of subsection (a) with respect to a Schedule I controlled substance is a Class B felony and, in addition, may be fined not more than one hundred thousand dollars ($100,000).
- (c) A violation of subsection (a) with respect to:
- (1) Cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil is a Class B felony if the amount involved is point five (0.5) grams or more of any substance containing cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil and, in addition, may be fined not more than one hundred thousand dollars ($100,000); and
- (2)
- (A) Any other Schedule II controlled substance, including cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil in an amount of less than point five (0.5) grams, is a Class C felony and, in addition, may be fined not more than one hundred thousand dollars ($100,000); provided, that if the offense involves less than point five (0.5) grams of a controlled substance containing cocaine, methamphetamine, fentanyl, carfentanil, remifentanil, alfentanil, or thiafentanil, but the defendant carried or employed a deadly weapon as defined in § 39-11-106, during commission of the offense or the offense resulted in death or bodily injury to another person, then the offense is a Class B felony.
- (B) As a part of any sentence imposed for a violation of subdivision (a)(1) involving a controlled substance listed in § 39-17-408(d)(2), the court shall require the defendant to make restitution to any governmental entity for the costs reasonably incurred in cleaning the area in which the offense occurred and in rendering the area safe for human use.
- (C) In addition to the requirement that restitution be made to the governmental entity pursuant to subdivision (c)(2)(B), the court shall also require that restitution be made to any private property owner, either real or personal, whose property is destroyed or suffers damage as a result of the offense. In the case of property that was rented or leased, damages may also include the loss of any revenue that occurred because the property was uninhabitable or a crime scene. The type and amount of restitution permitted pursuant to this subdivision (c)(2)(C) shall be determined by the court using the procedure set out in § 40-35-304.
- (d)
- (1) A violation of subsection (a) with respect to a Schedule III controlled substance is a Class D felony and, in addition, may be fined not more than fifty thousand dollars ($50,000).
- (2)
- (A) Notwithstanding any other law to the contrary, a person charged for the first time with delivering an anabolic steroid or possessing an anabolic steroid with the intent to manufacture, deliver or sell the steroid shall be eligible for pretrial diversion pursuant to title 40, chapter 15, and probation pursuant to title 40, chapter 28 and § 40-35-313.
- (B) The inference permitted by the first sentence of § 39-17-419 does not apply to a person charged under subdivision (a)(4) with possession of an anabolic steroid with intent to sell or deliver the steroid. Unless the state can prove that an actual sale or delivery occurred, the person may only be convicted of simple possession and punished as provided in § 39-17-418.
- (e) A violation of subsection (a) with respect to:
- (1) Flunitrazepam is a Class C felony and, in addition, may be fined not more than one hundred thousand dollars ($100,000); and
- (2) Any other Schedule IV controlled substance is a Class D felony and, in addition, may be fined not more than fifty thousand dollars ($50,000).
- (f) A violation of subsection (a) with respect to a Schedule V controlled substance is a Class E felony and, in addition, may be fined not more than five thousand dollars ($5,000).
- (g)
- (1) A violation of subsection (a) with respect to a Schedule VI controlled substance classified as marijuana containing not less than one-half (½) ounce (14.175 grams) nor more than ten pounds (10 lbs.) (4535 grams) of marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish), containing not more than two pounds (2 lbs.) (905 grams) of hashish is a Class E felony and, in addition, may be fined not more than five thousand dollars ($5,000).
- (2) A violation of subsection (a) with respect to a Schedule VI controlled substance classified as marijuana and containing not less than ten pounds (10 lbs.), one gram (4536 grams) of marijuana nor more than seventy pounds (70 lbs.) (31,696 grams) of marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than two pounds (2 lbs.), one gram (906 grams) nor more than four pounds (4 lbs.) (1810 grams) of hashish, or a Schedule VI controlled substance classified as marijuana consisting of not less than ten (10) marijuana plants nor more than nineteen (19) marijuana plants, regardless of weight, is a Class D felony and, in addition, may be fined not more than fifty thousand dollars ($50,000).
- (3) A violation of subsection (a) with respect to a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than four pounds (4 lbs.), one gram (1811 grams) nor more than eight pounds (8 lbs.) (3620 grams) of hashish, or a Schedule VI controlled substance classified as marijuana consisting of not less than twenty (20) marijuana plants nor more than ninety-nine (99) marijuana plants, regardless of weight, is a Class C felony and, in addition, may be fined not more than one hundred thousand dollars ($100,000).
- (h) A violation of subsection (a) with respect to a Schedule VII controlled substance is a Class E felony and, in addition, may be fined not more than one thousand dollars ($1,000).
- (i) A violation of subsection (a) with respect to the following amounts of a controlled substance, or conspiracy to violate subsection (a) with respect to such amounts, is a Class B felony and, in addition, may be fined not more than two hundred thousand dollars ($200,000):
- (1) Fifteen (15) grams or more of any substance containing heroin;
- (2) Fifteen (15) grams or more of any substance containing morphine;
- (3) Five (5) grams or more of any substance containing hydromorphone;
- (4) Five (5) grams or more of any substance containing lysergic acid diethylamide (LSD);
- (5) Twenty-six (26) grams or more of any substance containing cocaine;
- (6) Five (5) grams or more of any substance containing a combination of pentazocine and tripelennamine or joint possession of pentazocine and tripelennamine;
- (7) Thirty (30) grams or more of any substance containing phencyclidine;
- (8) One hundred (100) grams or more of any substance containing a derivative of barbituric acid or any of the salts of a derivative of barbituric acid;
- (9) Fifty (50) grams or more of any substance containing phenmetrazine;
- (10) Twenty-six (26) grams or more of any substance containing amphetamine or methamphetamine or any salt of an optical isomer of amphetamine or methamphetamine;
- (11) One thousand (1,000) grams or more of any substance containing peyote;
- (12) Fifteen (15) grams or more of any substance containing fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or any fentanyl derivative or analogue under § 39-17-406(b)(48);
- (13) Two hundred (200) grams or more of any substance containing a controlled substance classified in Schedule I or II not listed in subdivisions (i)(1)-(12); or
- (14) Not less than seventy pounds (70 lbs.) (31,697 grams) nor more than three hundred pounds (300 lbs.) (136,050 grams) of any substance containing marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than eight pounds (8 lbs.), one gram (3621 grams) nor more than fifteen pounds (15 lbs.) (6,792 grams) of any substance containing hashish, or not less than one hundred (100) marijuana plants nor more than four hundred ninety-nine (499) marijuana plants, regardless of weight.
- (j) A violation of subsection (a) with respect to the following amounts of a controlled substance, or conspiracy to violate subsection (a) with respect to such amounts is a Class A felony and, in addition, may be fined not more than five hundred thousand dollars ($500,000):
- (1) One hundred fifty (150) grams or more of any substance containing heroin;
- (2) One hundred fifty (150) grams or more of any substance containing morphine;
- (3) Fifty (50) grams or more of any substance containing hydromorphone;
- (4) Fifty (50) grams or more of any substance containing lysergic acid diethylamide (LSD);
- (5) Three hundred (300) grams or more of any substance containing cocaine;
- (6) Fifty (50) grams or more of any substance containing a combination of pentazocine and tripelennamine or joint possession of pentazocine and tripelennamine;
- (7) Three hundred (300) grams or more of any substance containing phencyclidine;
- (8) One thousand (1,000) grams or more of any substance containing a derivative of barbituric acid or any of the salts of a derivative of barbituric acid;
- (9) Five hundred (500) grams or more of any substance containing phenmetrazine;
- (10) Three hundred (300) grams or more of any substance containing amphetamine or methamphetamine or any salt of an optical isomer of amphetamine or methamphetamine;
- (11) Ten thousand (10,000) grams or more of any substance containing peyote;
- (12) One hundred fifty (150) grams or more of any substance containing fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or any fentanyl derivative or analogue under § 39-17-406(b)(48);
- (13) Two thousand (2,000) grams or more of any substance containing a controlled substance classified in Schedule I or II not listed in subdivisions (i)(1)-(12); or
- (14) Three hundred pounds (300 lbs.) (136,050 grams) or more of any substance containing marijuana, or a Schedule VI controlled substance defined as a non-leafy, resinous material containing tetrahydrocannabinol (hashish) and containing not less than fifteen pounds (15 lbs.), one gram (6,793 grams) of any substance containing hashish, or five hundred (500) or more marijuana plants, regardless of weight.
- (k)
- (1) A violation of this section or a conspiracy to violate this section where the recipient or the intended recipient of the controlled substance is under eighteen (18) years of age shall be punished one (1) classification higher than provided in subsections (b)-(i).
- (2) A violation of this section or a conspiracy to violate this section shall be punished pursuant to § 39-13-210 if the substance involved is fentanyl or carfentanyl, or any analogue or derivative thereof, either alone or in combination with any substance scheduled as a controlled substance by the Tennessee Drug Control Act of 1989, compiled in this part and title 53, chapter 11, parts 3 and 4, including controlled substance analogues, and the violation resulted in the death of another person.
- (l)
- (1) If the district attorney general believes that a defendant should be sentenced as a habitual drug offender, the district attorney general shall file notice of the defendant's record of prior convictions for violations specified in this subsection (l) in conformity with § 40-35-202.
- (2) The trial court, upon the request of the district attorney general, shall enter injunctions, restraining orders, directions or prohibitions, or take other actions, including the acceptance of satisfactory performance bonds, liens on real property, security interests in personal property, for the purpose of collecting any fine imposed pursuant to this entire section.
- (3) Any person found guilty of a violation of this section that constitutes a Class A or Class B felony or attempts to commit a Class A or Class B violation of this section or conspiracy to commit a Class A or Class B violation of this section and who has at least three (3) prior Class A or Class B felony convictions or any combination thereof under this section or § 39-6-417 [repealed] or under the laws of any other state or jurisdiction, which if committed in this state would have constituted a Class A or Class B felony violation under this section or § 39-6-417 [repealed]; provided, that the prior convictions were for violations committed at different times and on separate occasions at least twenty-four (24) hours apart, shall be found to be an habitual drug offender and shall be sentenced to one range of punishment higher than the range of punishment otherwise provided for in § 40-35-105, and, in addition, shall be fined not more than two hundred thousand dollars ($200,000).
- (m) The offense described in subdivision (a)(1) with respect to any substance defined in § 39-17-408(d)(2) shall include the preparation or compounding of a controlled substance by an individual for the individual's own use.
- (n)
- (1) A violation of subdivision (a)(1) with respect to any amount of methamphetamine shall be punished by confinement for not less than one hundred eighty (180) days, and the person shall serve at least one hundred percent (100%) of the one hundred eighty (180) day minimum.
- (2)
- (A) The one hundred eighty (180) day minimum sentence required by subdivision (n)(1) shall not be construed to prohibit a person sentenced pursuant to this subsection (n) from participating in a drug or recovery court that is certified by the department of mental health and substance abuse services.
- (B) Any person participating in such a court may receive sentence credit for up to the full one hundred eighty (180) day minimum required by subdivision (n)(1).
History (18)
- Acts 1989, ch. 591, § 1
- 1990, ch. 991, § 1
- 1990, ch. 1030, § 30
- 1992, ch. 700, §§ 4, 5
- 1992, ch. 878, § 4
- 1994, ch. 703, § 1
- 1996, ch. 928, §§ 1-3
- 1997, ch. 107, § 3
- 1998, ch. 1079, §§ 1, 3, 4, 6, 7
- 2003, ch. 331, § 1
- 2004, ch. 845, §§ 1-3
- 2005, ch. 18, § 15
- 2005, ch. 322, § 1
- 2012, ch. 852, § 1
- 2014, ch. 970, § 1
- 2019, ch. 201, §§ 1-3
- 2023, ch. 386, §§ 2, 3
- 2024, ch. 957, § 1.
§ 39-17-418. Simple possession or casual exchange. - (a) It is an offense for a person to knowingly possess or casually exchange a controlled substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice.
- (b) It is an offense for a person to distribute a small amount of marijuana not in excess of one-half (½) ounce (14.175 grams).
- (c)
- (1) Except as provided in subsections (d) and (e), a violation of this section is a Class A misdemeanor.
- (2)
- (A) A violation of subsection (a) with respect to any amount of methamphetamine shall be punished by confinement for not less than thirty (30) days, and the person shall serve at least one hundred percent (100%) of the thirty (30) day minimum.
- (B)
- (i) The thirty (30) day minimum sentence required by subdivision (c)(2)(A) shall not be construed to prohibit a person sentenced pursuant to this subsection (c) from participating in a drug or recovery court that is certified by the department of mental health and substance abuse services or another licensed treatment program.
- (ii) Any person participating in such a court or program may receive sentence credit for up to the full thirty (30) day minimum required by subdivision (c)(2)(A).
- (iii) For persons sentenced under subdivision (c)(2)(A) with clinical assessment results indicating the need to participate in a drug or recovery court or treatment program, the court shall strongly consider ordering service of the sentence through participation in a drug or recovery court or program permitted under subdivision (c)(2)(B)(i) instead of through confinement, unless the court determines the person is not suitable for, or otherwise cannot participate in, such a court or program.
- (d) A violation of subsections (a) or (b), where there is casual exchange to a minor from an adult who is at least two (2) years the minor's senior, and who knows that the person is a minor, is punished as a felony as provided in § 39-17-417.
- (e) A violation under this section is a Class E felony where the person has two (2) or more prior convictions under this section and the current violation involves a Schedule I controlled substance classified as heroin.
- (f)
- (1) In addition to the other penalties provided in this section, any person convicted of violating this section for possession of a controlled substance may be required to attend a drug offender school, if available, or may be required to perform community service work at a drug or alcohol rehabilitation or treatment center.
- (2) Any person required to attend a drug offender school pursuant to this subsection (f) shall also be required to pay a fee for attending the school. If the court determines that the person, by reason of indigency, cannot afford to pay a fee to attend the school, the court shall waive the fee and the person shall attend the school without charge. The amount of fee shall be established by the local governmental authority operating the school, but the fee shall not exceed the fee charged for attending an alcohol safety DUI school program if such a program is available in the jurisdiction. All fees collected pursuant to this subsection (f) shall be used by the governmental authority responsible for administering the school for operation of the school.
- (g) Notwithstanding any other subsection to the contrary, a violation of subsection (a) with respect to tianeptine and any salt, sulfate, free acid, or other preparation of tianeptine and any salt, sulfate, free acid, compound, derivative, precursor, or other preparation thereof that is substantially chemically equivalent or identical with tianeptine is a Class A misdemeanor.
History (7)
- Acts 1989, ch. 591, § 1
- 1990, ch. 992, § 3
- 1993, ch. 456, §§ 1, 2
- 2014, ch. 970, § 2
- 2016, ch. 876, § 12
- 2021, ch. 409, §§ 3-5
- 2022, ch. 1135, § 2.
§ 39-17-419. Inferences. - It may be inferred from the amount of a controlled substance or substances possessed by an offender, along with other relevant facts surrounding the arrest, that the controlled substance or substances were possessed with the purpose of selling or otherwise dispensing. It may be inferred from circumstances indicating a casual exchange among individuals of a small amount of a controlled substance or substances that the controlled substance or substances so exchanged were possessed not with the purpose of selling or otherwise dispensing in violation of § 39-17-417(a). The inferences shall be transmitted to the jury by the trial judge's charge, and the jury will consider the inferences along with the nature of the substance possessed when affixing the penalty.
§ 39-17-420. Fines and forfeitures. - (a)
- (1) Except as provided in subdivision (a)(2) and in subsection (d), all fines and forfeitures of appearance bonds received because of a violation of any provision of this part and that are specifically set forth in this part, and the proceeds of goods seized and forfeited under § 53-11-451 and disposed of according to law, shall be accounted for in a special revenue fund of the jurisdiction that initiated the arrest, or in a special reserve fund of the university employing the campus police officers if the arrest was initiated by campus police officers as defined in § 49-7-118 or in the special revenue fund of the department of correction if the arrest was initiated by the internal affairs director or an internal affairs special agent of the department of correction. All financial activities related to funds received under this part shall be accounted for in this fund. Cash transactions related to undercover investigative operations of county or municipal drug enforcement programs shall be administered in compliance with procedures established by the comptroller of the treasury. Moneys in the special revenue fund may be used only for the following purposes:
- (A) Local drug enforcement program;
- (B) Local drug education program;
- (C) Local drug treatment program; and
- (D) Nonrecurring general law enforcement expenditures.
- (2) The chief law enforcement officer and the mayor of a municipality, or other chief executive officer of a metropolitan government, shall recommend a budget for the special revenue fund, to be approved by the legislative body of the municipality according to law. The chief law enforcement officer of a county shall recommend a budget for the special revenue fund, to be approved by the legislative body of the county according to law. The board of regents of the state university and community college system and the board of trustees for the University of Tennessee each shall approve a budget for the special revenue fund for funds from seizures by campus police officers as defined in § 49-7-118 in the respective systems. The commissioner of correction shall approve a budget for the special revenue fund for funds from seizures by the internal affairs director or an internal affairs special agent of the department of correction. Expenditures from the special revenue fund are subject to the availability of funds and budgetary appropriations for the expenditure. Any purchase made with moneys from the fund shall be made in accordance with all existing purchasing laws applicable to the particular county or municipality or university or department of correction. All fines and forfeitures resulting from cases and actions of the Tennessee bureau of investigation shall be paid to the state treasurer, to be used only as appropriated by the general assembly. If goods are seized by a combination of the Tennessee bureau of investigation and county or municipal law enforcement personnel, the court ordering their disposal shall determine the allocation of proceeds upon disposition of the goods. In all other cases, fines and forfeitures and goods and their proceeds shall be disposed of as otherwise provided by law.
- (3) In counties having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, all fines and forfeitures of appearance bonds received from the violation of this part and that are specifically set forth in this part shall be paid to the county trustee or city recorder of the jurisdiction which initiated the arrest and shall be used exclusively in the local drug enforcement program or local drug education program. All requests for disbursement from the funds maintained by the county trustee or city recorder shall be by written request signed by the appropriate chief law enforcement officer of the county or municipality and the district attorney general. All purchases made from proceeds derived from any forfeiture of any interest in real property or proceeds derived pursuant to this part that are for use in the drug enforcement program or drug education program of either a county or a municipality shall be made in accordance with existing purchasing statutes, including private acts, which establish purchasing provisions or requirements for the county or municipality. All fines and forfeitures resulting from cases and actions of the Tennessee bureau of investigation shall be paid to the state treasurer, to be used only as appropriated by the general assembly. Fines and forfeitures received as a result of the application of other provisions of the law shall be disposed of as otherwise provided.
- (b) In counties having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, the proceeds of goods seized and forfeited under § 53-11-451 and disposed of according to law shall inure to the benefit of the county or city whose law enforcement personnel seized the goods, if the goods were seized by county or city law enforcement personnel, for the use of the county or city drug enforcement program or drug education program, as appropriate. All purchases made from proceeds derived from any forfeiture of any interest in real property or proceeds derived pursuant to this part that are for use in the drug enforcement program or local drug education program of either a county or a municipality shall be made in accordance with existing purchasing statutes, including private acts, which establish purchasing provisions or requirements for such county or municipality. All fines and forfeitures resulting from cases and actions of the Tennessee bureau of investigation shall be paid to the state treasurer, to be used only as appropriated by the general assembly. If the goods are seized by a combination of the Tennessee bureau of investigation, county and city law enforcement personnel, the court ordering disposal of the goods shall determine the allocation of proceeds upon disposition of the goods. In all other cases, the goods and the proceeds from the goods shall be disposed of as otherwise provided by law.
- (c) All fines and forfeitures of appearance bonds received from the violation of this part and that are specifically set forth in this part, the proceeds of goods seized and forfeited under § 53-11-451 and disposed of according to law that arise from the activities of a judicial district drug task force shall be paid to an expendable trust fund maintained by the county mayor in a county designated by the district attorney general and shall be used exclusively in a drug enforcement or drug education program of the district as directed by the board of directors of the judicial district drug task force. All requests for disbursement from the expendable trust fund maintained by the county mayor for confidential purposes shall be by written request signed by the drug task force director and the district attorney general.
- (d) In addition to all other fines, fees, costs and punishments now prescribed by law, in counties having a population of not less than eighty-seven thousand nine hundred (87,900) nor more than eighty-eight thousand (88,000), or a population greater than eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, a drug testing fee of twenty dollars ($20.00) shall be assessed upon conviction of a violation of this part whenever a drug analysis is performed by a publicly funded forensic laboratory or other forensic laboratory maintained in or operated by those counties. This fee shall be collected by the clerks of the various courts of those counties and forwarded to the appropriate county trustees on a monthly basis and designated for the exclusive use of the publicly funded forensic laboratory of those counties.
- (e) The comptroller of the treasury and the department of finance and administration, in consultation with the Tennessee bureau of investigation, the Tennessee sheriffs' association and the Tennessee association of chiefs of police shall develop procedures and guidelines for handling cash transactions related to undercover investigative operations of county or municipal drug enforcement programs. The procedures and guidelines shall be applicable to the disbursement of proceeds from the drug enforcement program that are acquired on and after January 1, 1991, or an earlier date as may be adopted.
- (f) Notwithstanding subsection (a) or § 53-11-415 to the contrary, effective July 1, 1994, any county or municipality, or, in any county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, any law enforcement agency that receives proceeds from fines, forfeitures, seizures or confiscations pursuant to this part or title 53, chapter 11, may set aside a sum from the proceeds to purchase supplies and other items for the operation and promotion of the DARE program, created by title 49, chapter 1, part 4, or any other drug abuse prevention program conducted in the school system or systems within the county or municipality or served by the law enforcement agency. The local school board shall approve the program before the program may become eligible to receive funds under this subsection (f). Supplies and items that may be purchased with the proceeds include, but are not limited to, workbooks, T-shirts, caps and medallions.
- (g)
- (1) Except as provided in subdivision (g)(2), notwithstanding any other provision of this section to the contrary, in order to comply with state and federal fingerprinting requirements such as those in former 42 U.S.C. § 14071, effective July 1, 1997, twenty percent (20%) of the funds a sheriff or municipal police department receives pursuant to this section shall be set aside and earmarked for the purchase, installation, and maintenance of and line charges for an electronic fingerprint imaging system that is compatible with the federal bureau of investigation's integrated automated fingerprint identification system. Prior to the purchase of the equipment, the sheriff or municipal police department shall obtain certification from the Tennessee bureau of investigation that the equipment is compatible with the Tennessee bureau of investigation's and federal bureau of investigation's integrated automated fingerprint identification system. Once the electronic fingerprint imaging system has been purchased, a sheriff or municipal police department may continue to set aside up to twenty percent (20%) of the funds received pursuant to this section to pay for the maintenance of and line charges for the electronic fingerprint imaging system. Instead of purchasing the fingerprinting equipment, a local law enforcement agency may enter into an agreement with another law enforcement agency that possesses the equipment for the use of the equipment. The agreement may provide that the local law enforcement agency may use the fingerprinting equipment for identifying persons arrested by that agency in exchange for paying an agreed upon portion of the cost and maintenance of the fingerprinting equipment. If no agreement exists, it shall be the responsibility of the arresting officer to obtain fingerprints and answer for the failure to do so.
- (2) This subsection (g) does not apply in any county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census.
- (h) In addition to all other fines, fees, costs and punishments now prescribed by law, including those imposed pursuant to subsection (d), a drug testing fee in the amount of two hundred fifty dollars ($250) shall be assessed upon a conviction of or upon the granting of pretrial diversion under § 40-15-105 or judicial diversion under § 40-35-313 for a violation of any part of the Tennessee Drug Control Act, compiled in this part and title 53, chapter 11, parts 3 and 4.
- (i)
- (1) This fee shall be collected by the clerks of the various courts of the counties and forwarded to the state treasurer on a monthly basis for deposit in the state general fund, to be used only as appropriated by the general assembly.
- (2) Any moneys in the TBI drug chemistry unit drug testing fund as of June 30, 2018, shall revert to the general fund on such date, to be used only as appropriated by the general assembly.
- (j) [Deleted by 2018 amendment.]
- (k) Notwithstanding any law to the contrary, any drug testing fee of twenty dollars ($20.00) and any other fees that were assessed and collected in any county of the ninth judicial district before such fees were repealed in 2007 shall be designated for use by the ninth judicial district drug task force.
History (19)
- Acts 1989, ch. 591, § 1
- 1990, ch. 968, §§ 1, 2
- 1994, ch. 607, § 1
- 1994, ch. 923, § 1
- 1995, ch. 305, § 102
- 1997, ch. 56, §§ 1-4, 7, 8
- 1998, ch. 1020, § 1
- 2003, ch. 90, § 2
- 2006, ch. 998, § 1
- 2007, ch. 106, § 6
- 2007, ch. 374, § 1
- 2008, ch. 1201, § 1
- 2009, ch. 511, § 1
- 2010, ch. 941, § 1
- 2010, ch. 1004, § 1
- 2010, ch. 1040, § 5
- 2011, ch. 78, § 1
- 2018, ch. 1044, §§ 1, 2
- 2022, ch. 900, § 2.
§ 39-17-421. Substitution of drugs in filling prescriptions prohibited. - (a) Except as provided in title 53, chapter 10, part 2, it shall be unlawful for any pharmacist, or any pharmacy technician or pharmacy intern under the supervision of a pharmacist who dispenses prescriptions, drugs, and medicines, to substitute any drug or device different from the one ordered, or deviate in any manner from the requirements of an order or prescription, without the approval of the prescriber, as defined in § 63-10-204.
- (b) A violation of this section is a Class C misdemeanor.
History (2)
- Acts 1989, ch. 591, § 1
- 2005, ch. 434, § 1.
§ 39-17-422. Inhaling, selling, giving or possessing glue, paint, gasoline, aerosol, gases for unlawful purposes. - (a) No person shall, for the purpose of causing a condition of intoxication, inebriation, elation, dizziness, excitement, stupefaction, paralysis, or the dulling of the brain or nervous system, or disturbing or distorting of the audio or visual processes, intentionally smell or inhale the fumes from any glue, paint, gasoline, aerosol, chlorofluorocarbon gas or other substance containing a solvent having the property of releasing toxic vapors or fumes; provided, that nothing in this section shall be interpreted as applying to the inhalation of any anesthesia for medical or dental purposes, or to the use of nitrous oxide to implement the distribution of beverages or other foodstuffs for commercial purposes.
- (b) No person shall, for the purpose of violating subsection (a), use, or possess for the purpose of so using, any glue containing a solvent having the property of releasing toxic vapors or fumes.
- (c) No person shall sell, or offer to sell, or deliver or give away, to any person any tube or other container of glue, paint, gasoline, aerosol, chlorofluorocarbon gas or any other substance containing a solvent having the property of releasing toxic vapors or fumes, if the person has reasonable cause to suspect that the product sold or offered for sale, or delivered or given away, will be used for the purpose set forth in subsection (a).
- (d) As used in this section, “glue, paint, gasoline, aerosol, chlorofluorocarbon gas or other substance containing a solvent having the property of releasing toxic vapors or fumes” means and includes any glue, cement, paint, gasoline, aerosol, or any other substance of whatever kind containing one (1) or more of the following chemical compounds: acetone, an acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, pentachlorophenol, petroleum ether, toluene or any group of polyhalogenated hydrocarbons containing fluorine and chlorine.
- (e) Nothing contained in this section shall be considered applicable to the sale of a hobby or model kit containing as a part of the kit a tube or other container of glue, nor shall this section be considered applicable to the sale of a tube or other container of glue immediately in conjunction with the sale of a hobby or model kit requiring the use of approximately the quantity of glue for the assembly of a model. Nothing contained in this section shall be applicable to the transfer of a tube or other container of glue from a parent to the parent's own child, or from a guardian to the guardian's own ward.
- (f)
- (1) A violation of subsection (a), (b) or (d) is a Class A misdemeanor.
- (2) A violation of subsection (c) is a Class E felony.
History (2)
- Acts 1989, ch. 591, § 1
- 1997, ch. 154, §§ 1, 2.
§ 39-17-423. Counterfeit controlled substances. - (a) It is an offense for a person to:
- (1) Sell;
- (2) Deliver; or
- (3) Distribute a substance that is represented to be a controlled substance and which is substantially similar in color, shape, size, and markings or lack thereof, to a Schedule I, II, III or IV controlled substance as classified in §§ 39-17-406 — 39-17-412, in order that the substance may be sold as a controlled substance.
- (b) It is an offense for a person to manufacture for sale or exchange any substance with the intent that the substance substantially imitate in color, shape, size, and markings or lack of markings, the physical appearance of a Schedule I, II, III or IV controlled substance, as classified in §§ 39-17-406 — 39-17-412, in order that the substance may be sold as a controlled substance.
- (c) A violation of subsection (a) or (b) is a Class E felony.
- (d) It is an offense for a person to be the recipient of a sale or exchange of a substance set forth in this section. A violation of this subsection (d) is a Class A misdemeanor. In addition to the penalties set forth in this section, the court may impose a mandatory drug rehabilitation program.
- (e) This section shall not apply to:
- (1) Any person who manufactures or sells a substance for use as a placebo by a licensed physician, dentist, pharmacist or registered nurse acting under the direction of a physician, dentist, or pharmacist;
- (2) A licensed physician, dentist, pharmacist or registered nurse who sells, dispenses, administers or otherwise distributes a placebo to a patient of the physician or dentist for purposes of the medical care or treatment of the patient;
- (3) A noncontrolled substance that was introduced into commerce prior to the introduction into commerce of the controlled substance that it is alleged to imitate;
- (4) A substance that may be legally purchased at a drug or grocery store without a prescription; provided, that the substance is not represented by the seller to be a controlled substance; and
- (5) A substance that is packaged and labeled in accordance with appropriate rules and regulations of the United States food and drug administration shall create a rebuttable presumption that the manufacturer or wholesaler of the substance is exempted from this section.
§ 39-17-424. Determination whether object is drug paraphernalia. - In determining whether a particular object is drug paraphernalia as defined by § 39-17-402, the court or other authority making that determination shall, in addition to all other logically relevant factors, consider the following:
- (1) Statements by the owner or anyone in control of the object concerning its use;
- (2) Prior convictions, if any, of the owner or of anyone in control of the object for violation of any state or federal law relating to controlled substances or controlled substance analogues;
- (3) The existence of any residue of controlled substances or controlled substance analogues on the object;
- (4) Instructions, oral or written, provided with the object concerning its use;
- (5) Descriptive materials accompanying the object that explain or depict its use;
- (6) The manner in which the object is displayed for sale;
- (7) The existence and scope of legitimate uses for the object in the community; and
- (8) Expert testimony concerning its use.
History (2)
- Acts 1989, ch. 591, § 1
- 2012, ch. 848, § 18.
§ 39-17-425. Unlawful drug paraphernalia uses and activities. - (a)
- (1) Except when used or possessed with the intent to use by a person authorized by this part and title 53, chapter 11, parts 3 and 4 to dispense, prescribe, manufacture or possess a controlled substance, it is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or controlled substance analogue in violation of this part.
- (2) Any person who violates this subsection (a) commits a Class A misdemeanor.
- (b)
- (1) Except when delivered, possessed with the intent to deliver, or manufactured with the intent to deliver by a person authorized by this part and title 53, chapter 11, parts 3 and 4 to dispense, prescribe, manufacture or possess a controlled substance, it is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or controlled substance analogue in violation of this part.
- (2) Any person who violates subdivision (b)(1) commits a Class E felony.
- (3) Except when delivered by a person authorized by this part and title 53, chapter 11, parts 3 and 4 to dispense, prescribe, manufacture or possess a controlled substance, any person eighteen (18) years of age or over who violates this subsection (b) by delivering drug paraphernalia to a person under eighteen (18) years of age who is at least three (3) years younger than that person commits a Class E felony.
- (c)
- (1) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication, any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
- (2) Any person who violates subdivision (c)(1) commits a Class A misdemeanor.
History (2)
- Acts 1989, ch. 591, § 1
- 2012, ch. 848, § 19.
§ 39-17-426. Delivery, sale or possession of jimsonweed. - (a) It is an offense for a person to deliver, sell or possess the seed of the gentiana lutea plant, also known as jimsonweed, on the premises or grounds of any school, grades kindergarten through twelve (K-12).
- (b) A violation of this section is a Class A misdemeanor.
§ 39-17-427. Exception. - It is an exception to this part if:
- (1) The person lawfully possessed the controlled substance as otherwise authorized by this part and title 53, chapter 11, parts 3 and 4; or
- (2) The only cannabis with a delta-9 tetrahydrocannabinol (THC) concentration greater than three-tenths of one percent (0.3%) on a dry weight basis in the person's possession was hemp concentrate, as defined in § 43-27-101, and the person was transporting the hemp concentrate within this state from the location where the hemp concentrate was produced to a location where the hemp concentrate was to be reconstituted into consumer products with a delta-9 THC concentration of not more than three-tenths of one percent (0.3%); provided, however, that the person transporting the hemp concentrate under this subdivision (2) maintained proof of a grower's license from the department of agriculture in the transport vehicle.
History (2)
- Acts 1989, ch. 591, § 1
- 2022, ch. 907, § 4.
§ 39-17-428. Mandatory minimum fines — Allocation of proceeds. - (a) Notwithstanding any other provision of this part to the contrary, any person convicted of violating any provision of this part shall be fined no less than the amount set out in the schedule in subsection (b). The fines set out in the schedule shall be the minimum mandatory fine for each type of offense and offender and shall not be construed to be a separate fine or in addition to the fines currently authorized by law for the offense committed. Nothing in this section shall prohibit the court from imposing a fine in excess of the minimum set out in such schedule; provided, that the amount is authorized by law.
- (b) In determining the minimum fine to impose upon any person convicted of violating any provision of this part, the court shall first determine whether the person was convicted of a misdemeanor or felony violation of this part and then shall determine if the person has any previous convictions for violations of this part. Having determined the category of offense and offender, the judge shall impose a minimum mandatory fine based upon the following:
- (1) First conviction for a misdemeanor drug offense involving a Schedule VI controlled substance classified as marijuana or hashish $250
- (2) Second conviction for a misdemeanor drug offense involving a Schedule VI controlled substance classified as marijuana or hashish 500
- (3) Third or subsequent conviction for a misdemeanor drug offense 1,000
- (4) First conviction for a misdemeanor drug offense involving a scheduled controlled substance other than Schedule VI 750
- (5) Second conviction for a misdemeanor drug offense involving a scheduled controlled substance other than Schedule VI 850
- (6) Third or subsequent conviction for a misdemeanor drug offense, where the current offense involves a Schedule I controlled substance classified as heroin, enhanced as a felony under § 39-17-418(e) 1,000
- (7) First conviction for possession of drug paraphernalia under § 39-17-425(a)(1) 150
- (8) Second or subsequent conviction for possession of drug paraphernalia under § 39-17-425(a)(1) and conviction for all other misdemeanor drug offenses 250
- (9) First conviction for all felony drug offenses involving a scheduled controlled substance 2,000
- (10) Second conviction for all felony drug offenses involving a scheduled controlled substance 3,000
- (11) Third or subsequent conviction for all felony drug offenses involving a scheduled controlled substance 5,000
- (12) First conviction for all other felony drug offenses including § 39-17-423(a) and (b) and § 39-17-425(b)(1) 1,000
- (13) Second or subsequent conviction for all other felony drug offenses including § 39-17-423(a) and (b) and § 39-17-425(b)(1) 1,500
- (14) First conviction for an offense under § 39-17-431(m)1,000.
- (15) Second or subsequent conviction for an offense under § 39-17-431(m)2,000.
- (c)
- (1) Fifty percent (50%) of any fine collected pursuant to subsection (b) shall be allocated in the manner set out in § 39-17-420. The remaining fifty percent (50%) shall be paid to the general fund of the governing body of the law enforcement agency responsible for the investigation and arrest which resulted in the drug conviction; provided, that if a drug task force is responsible for the investigation and arrest, the amount above the minimum fine shall be paid to the general fund of the governing body of one (1) or more counties and cities within the judicial district as directed by the court. Notwithstanding § 39-17-420(a)(1) or any other law to the contrary, a portion of any fine collected pursuant to subsection (b) may be expended to fund programs and services for infants and children who are afflicted by HIV or AIDS.
- (2) Nothing in this section shall be construed as prohibiting the use of proceeds from fines imposed pursuant to this section for the purpose of drug education.
- (d)
- (1) Unless the judge, using the applicable criteria set out in § 40-14-202(c), determines that a person convicted of violating this section is indigent, or that payment of the minimum fine would result in a severe economic hardship, or such fine would otherwise not be in the interests of justice, the minimum fines imposed by this section shall be mandatory and shall not be reduced, suspended, waived or otherwise released by the court. No plea agreement shall be accepted by a court if the agreement attempts to reduce or suspend all or any portion of the mandatory fines imposed by this section unless the judge determines that one (1) of the conditions set out in the first sentence of this subdivision (d)(1) exists.
- (2) If the judge of a court of general sessions determines that it is necessary to reduce, suspend, waive or otherwise release the minimum fines imposed by this section, the judge shall assess the fine, and write on the warrant the amount of the fine, the fact that it is reduced, suspended, waived or released and the reasons for the reduction, suspension, waiver or release. If done by the judge of a court of record, the judge shall assess the fine and make a specific finding of fact on the record relative to the reduction, suspension, waiver or release and the reasons for the reduction, suspension, waiver or release.
History (7)
- Acts 1990, ch. 1036, § 1
- 1994, ch. 923, § 2
- 1998, ch. 1079, § 5
- 1999, ch. 503, § 1
- 2000, ch. 881, § 1
- 2011, ch. 292, § 3
- 2016, ch. 876, § 13.
§ 39-17-429. Accountability for disposition of fines and forfeitures. - (a) The sheriff's department shall be accountable to the county legislative body and the municipal law enforcement department shall be accountable to the municipal legislative body for the proper disposition of the proceeds of goods seized and forfeited under § 53-11-451, and for the fines imposed by § 39-17-428.
- (b) An annual audited report of the funds shall be submitted by the sheriff or the proper official of the municipal law enforcement department to the respective local legislative body. In those years when the office of the comptroller of the treasury conducts an audit, if any, the audit shall satisfy this requirement. If no audit is conducted by the office of the comptroller of the treasury, then an audit shall be performed by a certified public accountant to satisfy this requirement.
History (1)
- Acts 1990, ch. 1036, § 3.
§ 39-17-430. Anabolic steroids — Prohibited activities. - (a) It is unlawful for a practitioner to prescribe, order, distribute, supply or sell an anabolic steroid for:
- (1) Enhancing performance in an exercise, sport or game without medical necessity; or
- (2) Hormonal manipulation intended to increase muscle mass, strength or weight without medical necessity.
- (b)
- (1) It is unlawful for any person who is not a practitioner or lawful manufacturer of anabolic steroids to:
- (A) Knowingly or intentionally manufacture or deliver an anabolic steroid, pure or adulterated; or
- (B) Possess, with intent to manufacture or deliver, an anabolic steroid.
- (2) As used in this subsection (b), “practitioner” means a physician, dentist or veterinarian.
- (c) A person who knowingly violates this section shall be punished as provided in § 39-17-417(d) for a violation of a Schedule III controlled substance.
History (4)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1044, § 1
- T.C.A., § 39-17-416 (c), (d)
- Acts 1992, ch. 700, §§ 1, 2.
§ 39-17-431. Immediate methamphetamine precursor — Prohibitions. - (a) Except as provided in this section, any product that contains any immediate methamphetamine precursor may be dispensed only by a licensed pharmacy.
- (b)
- (1) A product or category of products that contains any immediate methamphetamine precursor shall be exempt from the requirements of this section if the ingredients are not in a form that can be used in the manufacture of methamphetamine.
- (2) The board of pharmacy, in consultation with the Tennessee bureau of investigation (TBI), shall determine whether a product or category of products that contain any immediate methamphetamine precursor is not in a form that can be used in the manufacture of methamphetamine. In making such a determination, the board shall solicit the written opinion of the bureau and work with the bureau to develop procedures that consider, among other factors:
- (A) The ease with which the product can be converted to methamphetamine, including the presence or absence of a “molecular lock” completely preventing a product's use in methamphetamine manufacture;
- (B) The ease with which pseudoephedrine can be extracted from a product and whether it forms a salt, emulsion, or other form; and
- (C) Any other pertinent data that can be used to determine the risk of a product being viable in the illegal manufacture of methamphetamine.
- (3) The board of pharmacy shall maintain a public list of the exempted products or categories of products. Any person may request that a product or category of products be included on the exemption list.
- (c)
- (1) A pharmacy shall not sell products containing ephedrine or pseudoephedrine base, or their salts, isomers, or salts of isomers to the same person in an amount more than:
- (A) Seven and two tenths (7.2) grams in any period of thirty (30) consecutive days; or
- (B) Forty-three and two tenths (43.2) grams in any one-year period.
- (2) A person shall not purchase products containing ephedrine or pseudoephedrine base, or their salts, isomers, or salts of isomers in an amount more than:
- (A) Seven and two tenths (7.2) grams in any period of thirty (30) consecutive days; or
- (B) Forty-three and two tenths (43.2) grams in any one-year period.
- (3) The limits in this subsection (c) shall apply whether one (1) form of identification required in subsection (d) is used to make the purchase or if two (2) or more forms of identification required in subsection (d) are used to purchase the products. The limits contained in this subsection (c) shall apply to the amount of ephedrine or pseudoephedrine base, or their salts, isomers, or salts of isomers contained in a product. The prohibitions contained in this subsection (c) shall not apply to a person who obtains the product or products pursuant to a valid prescription issued by a licensed healthcare practitioner authorized to prescribe by the laws of the state.
- (4) This subsection (c) also shall apply to pharmacist-generated prescription orders of the product pursuant to § 63-10-206. The provision of the patient education and counseling as a part of the practice of pharmacy shall be required when any product is issued under this subsection (c).
- (5) There shall be no protocol or procedure mandated by any individual or corporate entity that interferes with the pharmacist's professional duty to counsel and evaluate the patient's appropriate pharmaceutical needs and the exercise of the pharmacist's professional judgment as to whether it is appropriate to dispense medication as set forth in subsection (d) or otherwise.
- (d) The pharmacist or pharmacy intern under the supervision of the pharmacist shall require any person purchasing an over-the-counter product containing pseudoephedrine or ephedrine to present valid government issued photo identification at the point of sale. The pharmacist or pharmacy intern shall counsel with the person seeking to purchase the product as to the reasons for needing the product and may decline the sale if the pharmacist or pharmacy intern believes the sale is not for a legitimate medical purpose. The pharmacist, pharmacy technician, or pharmacy intern shall maintain an electronic record of the sale under this subsection (d) and the record may be maintained in the form of a pharmacist prescription order as provided by § 63-10-206(c). The electronic record shall include the name and address of purchaser; name and quantity of product purchased; date and time purchased; purchaser identification type and number, such as driver license state and number; and the identity, such as name, initials or identification code, of the dispensing pharmacist or pharmacy intern. If a system is not able to record the identification type and number, the pharmacist, pharmacy technician, or pharmacy intern shall write the identification type and number on the prescription order. The electronic record shall also be maintained in a manner that allows for the determination of the equivalent number of packages purchased and total quantity of base ephedrine or pseudoephedrine purchased.
- (e)
- (1) By January 1, 2012, each pharmacy in this state shall have in place and operational all equipment necessary to access and use the National Precursor Log Exchange (NPLEx) administered by the National Association of Drug Diversion Investigators (NADDI). The NPLEx system shall be available for access and use free of charge to the pharmacies and this state.
- (2) Beginning January 1, 2012, before completing a sale of an over-the-counter product containing pseudoephedrine or ephedrine not otherwise excluded from the record keeping requirement, a pharmacy shall electronically submit the required information to NPLEx administered by NADDI. On learning of a data entry error in which a transaction was submitted to NPLEx when it should not have been, the pharmacy shall submit a data entry error correction to NPLEx to remedy the error and prevent an inappropriate stop sale alert from being generated for a person who may seek to purchase an over-the-counter product containing pseudoephedrine or ephedrine. Except as provided in subsection (j), the seller shall not complete the sale if the system generates a stop sale alert.
- (3) Absent negligence, wantonness, recklessness, or deliberate misconduct, any pharmacy utilizing the electronic sales tracking system in accordance with this subsection (e) shall not be civilly liable as a result of any act or omission in carrying out the duties required by this subsection (e) and shall be immune from liability to any third party unless the retailer has violated this subsection (e) in relation to a claim brought for such violation. This subsection (e) shall not apply to a person who obtains the product or products pursuant to a valid prescription.
- (4) The data entered into, stored and maintained by the NPLEx may only be used by law enforcement officials, healthcare professionals and pharmacists and only for controlling the sale of methamphetamine precursors.
- (5) If, for any reason, the NPLEx administered by NADDI is no longer the system used in this state to track the sale of methamphetamine precursors, whether because the system no longer functions, is no longer in existence, is no longer offered to the state without cost, or is otherwise no longer available, each pharmacy shall switch to and commence using the Tennessee Methamphetamine Information System (TMIS), as soon as the equipment necessary to access and use the system is made available at no charge to the pharmacy. TMIS shall be available for access and use free of charge to the pharmacies.
- (f) If a pharmacy selling an over-the-counter product containing pseudoephedrine or ephedrine experiences mechanical or electronic failure of the tracking system and is unable to comply with the electronic sales tracking requirement, the pharmacy or retail establishment shall maintain a written log until such time as the pharmacy or retail establishment is able to comply with the electronic sales tracking requirement.
- (g) A pharmacy selling an over-the-counter product containing pseudoephedrine or ephedrine may seek an exemption from submitting transactions to the electronic sales tracking system in writing to the board of pharmacy stating the reasons therefore. The board of pharmacy may grant an exemption for good cause shown, but in no event shall such exemption exceed one hundred eighty (180) days. Any pharmacy or retail establishment that receives an exemption shall maintain a hardcopy logbook and must still require the purchaser to provide the information required under this section before completion of any sale. The logbook shall be maintained as a record of each sale for inspection by any law enforcement officer or inspector of the board of pharmacy during normal business hours.
- (h) Nonexempt products containing an immediate methamphetamine precursor shall be maintained behind-the-counter of the pharmacy or in a locked case within view of and within twenty-five feet (25′) of the counter.
- (i) All data that is collected from Tennessee pharmacies and stored in the NPLEx will be downloaded and exported by electronic means to TMIS at least every twenty-four (24) hours. This export of data will be in a version in compliance with the National Information Exchange Standard and agreed to by both the TBI and NADDI. The export will be executed without a charge to TMIS or any agency of this state. Any and all data exported to, obtained by, gathered by, transmitted to and/or stored by TMIS or its designee, once received from NADDI, is the property of this state. TMIS has the authority to control, administer, and disseminate, at its discretion, this transaction data for the purpose of enforcing federal and state laws. In addition to the exporting of data to TMIS, real time access to NPLEx information through the NPLEx online portal shall be provided to law enforcement in the state free of charge.
- (j)
- (1) NPLEx shall generate a stop sale alert, if completion of a sale would result in the seller or purchaser violating the quantity limits set forth in this section. The system shall contain an override function that may be used by a dispenser of ephedrine or pseudoephedrine who has a reasonable fear of imminent bodily harm if the sale is not completed. Each instance in which the override function is utilized shall be logged by the system.
- (2) In instances when a data entry correction has been submitted to the NPLEx concerning a purchaser in accord with subdivision (e)(2), the NPLEx shall not generate a stop sale alert in cases where the quantity limit is exceeded due to the data entry error for which the correction was submitted.
- (k) A violation of subsections (a)-(j) is a Class A misdemeanor, punishable by fine only. If the person in violation is a licensed pharmacy or pharmacist, the violation shall be reported to the board of pharmacy for review and appropriate action. If a product is dispensed in violation of subsection (a), the owner or operator of the wholesale or retail establishment dispensing the product shall be in violation of subsection (a).
- (l)
- (1) The TBI, in cooperation with NADDI which administers NPLEx, shall devise a method to electronically notify NADDI at least every seven (7) days of any person placed on the methamphetamine registry pursuant to § 39-17-436(b). The notification shall include the first, middle and last names of the person, the person’s date of birth and the person’s driver license number or any other state or federal identification number. NPLEx shall be designed to generate a stop-sale alert for any purchaser whose name has been submitted to the registry. Such person shall be prohibited from purchasing nonexempt products at the point-of-sale using NPLEx.
- (2) The bureau shall also notify NADDI when a person is removed from the methamphetamine registry pursuant to § 39-17-436(e). When notified, the person shall be removed from NPLEx and is permitted to purchase nonexempt products.
- (3)
- (A) Any person who sells or delivers a nonexempt substance to a person known to be on the methamphetamine registry commits a Class A misdemeanor.
- (B) Any person who purchases or attempts to purchase a nonexempt substance while such person is on the methamphetamine registry commits a Class A misdemeanor.
- (m)
- (1) It is an offense for a person not authorized to do so to knowingly engage in any of the following conduct with respect to a nonexempt product containing an immediate methamphetamine precursor and required to be maintained behind-the-counter of the pharmacy as specified in subsection (h):
- (A) Attempt to sell the product knowing that it will be used to produce methamphetamine, or with reckless disregard of its intended use;
- (B) Attempt to purchase the product with the intent to manufacture methamphetamine or deliver the product to another person whom they know intends to manufacture methamphetamine, or with reckless disregard of the other person's intent;
- (C) Purchase the product at different times or locations for the purpose of circumventing the maximum allowable quantity of the product that may lawfully be purchased during a thirty-day or one-year period; or
- (D) Use a false identification to purchase the product for the purpose of circumventing the maximum allowable quantity of the product that may lawfully be purchased during a thirty-day or one-year period.
- (2) A violation of this subsection (m) shall be a Class A misdemeanor. All proceeds from fines imposed pursuant to this subsection (m) shall be used by the jurisdiction making the arrest for methamphetamine clean-up activities in that jurisdiction.
- (n) This section shall supersede any local laws or ordinances currently regulating sales of products containing any immediate methamphetamine precursor.
- (o) For the purposes of this section, “pharmacy” means only a pharmacy operating under title 63, chapter 10, which sells any immediate methamphetamine precursor at retail to the public.
- (p) No person under eighteen (18) years of age may purchase a product that contains any immediate methamphetamine precursor, except pursuant to a valid prescription issued by a licensed healthcare practitioner authorized to prescribe by the law of the state or a pharmacist generated prescription issued pursuant to § 63-10-206.
History (10)
- Acts 1995, ch. 123, § 1
- 2005, ch. 18, § 2
- 2011, ch. 292, § 2
- 2012, ch. 764, §§ 1, 2
- 2012, ch. 911, §§ 2, 3
- 2013, ch. 236, § 61
- 2014, ch. 828, §§ 1, 2
- 2014, ch. 906, §§ 1-3
- 2015, ch. 59, § 1
- 2024, ch. 846, § 1.
§ 39-17-432. Drug-Free School Zone — Enhanced criminal penalties for violations within zone. - (a) It is the intent of this section to create drug-free zones for the purpose of providing vulnerable persons in this state an environment in which they can learn, play and enjoy themselves without the distractions and dangers that are incident to the occurrence of illegal drug activities. The enhanced sentences authorized by this section for drug offenses occurring in a drug-free zone are necessary to serve as a deterrent to such unacceptable conduct.
- (b)
- (1) A violation of § 39-17-417, or a conspiracy to violate the section, may be punished one (1) classification higher than is provided in § 39-17-417(b)-(i) if the violation or the conspiracy to violate the section occurs:
- (A) On the grounds or facilities of any school; or
- (B) Within five hundred feet (500′) of or within the area bounded by a divided federal highway, whichever is less, the real property that comprises a public or private elementary school, middle school, secondary school, preschool, child care agency, public library, recreational center, or park.
- (2) In addition to any other penalty imposed by this section, a person convicted of violating this subsection (b) may also be subject to the following:
- (A) Upon conviction of a Class E felony, a fine of not more than ten thousand dollars ($10,000);
- (B) Upon conviction of a Class D felony, a fine of not more than twenty thousand dollars ($20,000);
- (C) Upon conviction of a Class C felony, a fine of not more than forty thousand dollars ($40,000);
- (D) Upon conviction of a Class B felony, a fine of not more than sixty thousand dollars ($60,000); and
- (E) Upon conviction of a Class A felony, a fine of not more than one hundred thousand dollars ($100,000).
- (3) A person convicted of violating this subsection (b), who is within the prohibited zone of a preschool, childcare center, public library, recreational center or park shall not be subject to additional incarceration as a result of this subsection (b) but may be subject to the additional fines imposed by this section.
- (c)
- (1) Notwithstanding any other law or the sentence imposed by the court to the contrary, a defendant sentenced for a violation of subsection (b) may be required to serve at least the minimum sentence for the defendant's appropriate range of sentence.
- (2) There is a rebuttable presumption that a defendant is not required to serve at least the minimum sentence for the defendant's appropriate range of sentence. The rebuttable presumption is overcome if the court finds that the defendant's conduct exposed vulnerable persons to the distractions and dangers that are incident to the occurrence of illegal drug activity.
- (3) If the defendant is required to serve at least the minimum sentence for the defendant's appropriate range of sentence, any sentence reduction credits the defendant may be eligible for or earn must not operate to permit or allow the release of the defendant prior to full service of the minimum sentence.
- (d) Notwithstanding the sentence imposed by the court, title 40, chapter 35, part 5, relative to release eligibility status and parole does not apply to or authorize the release of a defendant sentenced for a violation of subsection (b), and required under subsection (c) to serve at least the minimum sentence for the defendant's appropriate range of sentence, prior to service of the entire minimum sentence for the defendant's appropriate range of sentence.
- (e) Nothing in title 41, chapter 1, part 5, shall give either the governor or the board of parole the authority to release or cause the release of a defendant sentenced for a violation of subsection (b), and required under subsection (c) to serve at least the minimum sentence for the defendant's appropriate range of sentence, prior to service of the entire minimum sentence for the defendant's appropriate range of sentence.
- (f) This section does not prohibit the judge from sentencing a defendant, who violated subsection (b) and is required under subsection (c) to serve at least the minimum sentence for the defendant's appropriate range of sentence, to any authorized term of incarceration in excess of the minimum sentence for the defendant's appropriate range of sentence.
- (g) The sentence of a defendant who, as the result of a single act, violates both subsection (b) and § 39-14-417(k), may be enhanced under both subsection (b) and § 39-17-417(k) for each act. The state may seek enhancement of the defendant's sentence under subsection (b), § 39-17-417(k), or both, and shall provide notice of the election pursuant to § 40-35-202.
- (h)
- (1) Notwithstanding subsection (d) or (e) or any other law to the contrary, the court that imposed a sentence for an offense committed under this section that occurred prior to September 1, 2020, may, upon motion of the defendant or the district attorney general or the court's own motion, resentence the defendant pursuant to subsections (a)-(g). The court shall hold an evidentiary hearing on the motion, at which the defendant and district attorney general may present evidence. The defendant shall bear the burden of proof to show that the defendant would be sentenced to a shorter period of confinement under this section if the defendant's offense had occurred on or after September 1, 2020. The court shall not resentence the defendant if the new sentence would be greater than the sentence originally imposed or if the court finds that resentencing the defendant would not be in the interests of justice. In determining whether a new sentence would be in the interests of justice, the court may consider:
- (A) The defendant's criminal record, including subsequent criminal convictions;
- (B) The defendant's behavior while incarcerated;
- (C) The circumstances surrounding the offense, including, but not limited to, whether the conviction was entered into pursuant to a plea deal; and
- (D) Any other factors the court deems relevant.
- (2) If the court finds that the defendant is indigent, using the criteria set out in § 40-14-202(c), the court shall appoint counsel to represent the defendant on such a motion.
- (3) The court shall not entertain a motion made under this subsection (h) to resentence a defendant if:
- (A) A previous motion made under this subsection (h) to reduce the sentence was denied after a review of the motion on the merits;
- (B) Resentencing the defendant to a shorter period of confinement for this offense would not reduce the defendant's overall sentence or lead to an earlier release; or
- (C) The defendant has previously applied to the governor for a grant of executive clemency on or after December 2, 2021, for the same offense and has been denied.
- (4) This subsection (h) does not require a court to reduce any sentence pursuant to this section.
History (5)
- Acts 1995, ch. 515, § 1
- 1998, ch. 1049, § 16
- 2005, ch. 295, §§ 1-4
- 2020, ch. 803, §§ 1-9
- 2022, ch. 927, § 1.
§ 39-17-433. Promotion of methamphetamine manufacture. - (a) It is an offense for a person to promote methamphetamine manufacture. A person promotes methamphetamine manufacture who:
- (1) Sells, purchases, acquires, or delivers any chemical, drug, ingredient, or apparatus that can be used to produce methamphetamine, knowing that it will be used to produce methamphetamine, or with reckless disregard of its intended use;
- (2) Purchases or possesses more than nine (9) grams of an immediate methamphetamine precursor with the intent to manufacture methamphetamine or deliver the precursor to another person whom they know intends to manufacture methamphetamine, or with reckless disregard of the person's intent; or
- (3) Permits a person to use any structure or real property that the defendant owns or has control of, knowing that the person intends to use the structure to manufacture methamphetamine, or with reckless disregard of the person's intent.
- (b) Expert testimony of a qualified law enforcement officer shall be admissible to establish that a particular chemical, drug, ingredient, or apparatus can be used to produce methamphetamine. For purposes of this testimony, a rebuttable presumption is created that any commercially sold product contains or contained the product that it is represented to contain on its packaging or labels.
- (c) Possession of more than fifteen (15) grams of an immediate methamphetamine precursor shall be prima facie evidence of intent to violate this section. This subsection (c) shall not apply to the following persons or entities that lawfully possess drug products in the course of legitimate business activities:
- (1) A pharmacy or pharmacist licensed by the board of pharmacy;
- (2) A wholesale drug distributor, or its agents, licensed by the board of pharmacy;
- (3) A manufacturer of drug products, or its agents, licensed by the board of pharmacy; and
- (4) A licensed health care professional possessing the drug products in the course of carrying out the health care provider's profession.
- (d) For purposes of this section, “structure” means any house, apartment building, shop, barn, warehouse, building, vessel, railroad car, cargo container, motor vehicle, housecar, trailer, trailer coach, camper, mine, floating home, watercraft, or any other structure capable of holding a clandestine laboratory.
- (e)
- (1) If the chemical, drug, ingredient, or apparatus to produce methamphetamine is purchased in violation of subdivision (a)(1) in more than one (1) county, venue for purposes of prosecution under this section is proper in any county in which such an item was purchased.
- (2) If immediate methamphetamine precursors are purchased in violation of subdivision (a)(2) in more than one (1) county, venue for purposes of prosecution under this section is proper in any county in which a precursor was purchased.
- (f) A violation of this section is a Class D felony.
History (4)
- Acts 1999, ch. 446, § 1
- 2005, ch. 18, § 11
- 2011, ch. 292, § 4
- 2011, ch. 309, § 1.
§ 39-17-434. Manufacture, delivery, sale or possession of methamphetamines. - (a) It is an offense for a defendant to knowingly:
- (1) Manufacture methamphetamine;
- (2) Deliver methamphetamine;
- (3) Sell methamphetamine; or
- (4) Possess methamphetamine with intent to manufacture, deliver or sell methamphetamine.
- (b) It is an offense for a person to knowingly possess or casually exchange methamphetamine.
- (c) If the violation is for methamphetamine, the defendant shall be charged, indicted, prosecuted and convicted under this section rather than §§ 39-17-417 or 39-17-418.
- (d) Any reference in Tennessee Code Annotated that provides a penalty, forfeiture, punishment, fine, disability or other adverse effect for a violation of §§ 39-17-417 or 39-17-418, shall be considered to apply to a conviction under this section if the violation involves methamphetamine.
- (e)
- (1) A violation of subsection (a) shall be punished as provided in § 39-17-417.
- (2) A violation of subsection (b) shall be punished as provided in § 39-17-418.
§ 39-17-435. Initiation of a process intended to result in the manufacture of methamphetamine. - (a) It is an offense for a person to knowingly initiate a process intended to result in the manufacture of any amount of methamphetamine.
- (b) It shall not be a defense to a violation of this section that the chemical reaction is not complete, that no methamphetamine was actually created, or that the process would not actually create methamphetamine if completed.
- (c) For purposes of this section, “initiates” means to begin the extraction of an immediate methamphetamine precursor from a commercial product, to begin the active modification of a commercial product for use in methamphetamine creation, or to heat or combine any substance or substances that can be used in methamphetamine creation.
- (d) Expert testimony of a qualified law enforcement officer shall be admissible for the proposition that a particular process can be used to manufacture methamphetamine. For purposes of this testimony, a rebuttable presumption is created that any commercially sold product contains or contained the product that it is represented to contain on its packaging or labels.
- (e) A person may not be prosecuted for a violation of this section and of manufacturing a controlled substance in violation of § 39-17-417 based upon the same set of facts.
- (f) A violation of this section is a Class B felony.
§ 39-17-436. Drug offender registry. - (a) There is created within the Tennessee bureau of investigation a registry of persons convicted of a violation of any of the following offenses:
- (1) Section 39-17-418 involving any substance listed in § 39-17-408(d)(2);
- (2) Section 39-17-431;
- (3) Any felony offense prohibited by this part; or
- (4) Conspiracy to commit, attempt to commit, or solicitation to commit any of the offenses listed in subdivisions (a)(1)-(3).
- (b) This registry shall be maintained by the Tennessee bureau of investigation based upon information supplied to the bureau by the clerks pursuant to subsection (c) and the registry shall be made available for public inquiry on the internet.
- (c) The registry shall consist of the person's name, date of birth, offense or offenses requiring the person's inclusion on the registry, the conviction date and county of those offenses. If available after reasonable inquiry, the clerk shall provide the bureau of investigation with the person's driver license number and issuing state, or any other state or federal identification number, and such other identifying data as the bureau determines is necessary to properly identify the convicted person and exclude innocent persons. However, the registry available for public inquiry shall not include the person's social security number, driver license number, or any other state or federal identification number.
- (d) The court clerks shall forward a copy of the judgment and date of birth of all persons who are convicted of a violation of the offenses described in subsection (a) to the Tennessee bureau of investigation. The information shall be forwarded to the bureau within forty-five (45) days of the date of judgment.
- (e) The Tennessee bureau of investigation shall remove from the registry the name and other identifying information of persons who are convicted of a violation of the offenses described in subsection (a) ten (10) years after the date of the most recent conviction.
- (f) Any person convicted of an offense or offenses for which placement on the drug offender registry is required pursuant to subsection (a) shall be prohibited from purchasing a nonexempt product containing any immediate methamphetamine precursor for the entire period such person is required to be on the registry.
- (g) The Tennessee bureau of investigation shall remove from the registry the name and other identifying information of persons who are convicted of a violation of the offenses described in subsection (a) upon receipt of notice of the death of such person. Bureau officials shall verify the person's death by checking the social security death index, obtaining a copy of the offender's certificate of death, or obtaining court documentation, a law enforcement report, or any other credible documentation as determined by the bureau.
History (4)
- Acts 2005, ch. 18, § 13
- 2012, ch. 911, § 1
- 2014, ch. 732, §§ 1-3
- 2022, ch. 654, § 1.
§ 39-17-437. Falsification of the results of a drug test — Synthetic urine prohibited. - (a)
- (1) It is an offense for a person to intentionally use, or possess with the intent to use, any substance or device designed to falsify the results of a drug test of that person.
- (2) Except as provided in subdivision (a)(3), it is an offense for a person to sell synthetic urine.
- (3) It is not an offense for a person to sell synthetic urine to an individual for bona fide educational, medical or scientific purposes. Any person selling synthetic urine for such purposes shall maintain documentation as to the educational, medical or scientific purpose for each individual sale of such urine for a period not less than five (5) years.
- (b) As used in this section:
- (1) “Drug test” means a lawfully administered test designed to detect the presence of a controlled substance or a controlled substance analogue; and
- (2) “Synthetic urine” means any product or substance which is designed to falsify the results of a drug test for a human being.
- (c)
- (1) A violation of subdivision (a)(1) is a Class A misdemeanor.
- (2) A violation of subdivision (a)(2) is a Class C misdemeanor.
History (3)
- Acts 2005, ch. 18, § 14
- 2010, ch. 873, § 1
- 2012, ch. 848, § 20.
§ 39-17-438. Production, manufacture, distribution or possession of salvia divinorum A. - (a)
- (1) Unless specifically excepted or unless listed in another schedule, it is an offense to knowingly produce, manufacture, distribute, possess, or possess with intent to produce, manufacture, or distribute the active chemical ingredient in the hallucinogenic plant salvia divinorum or the following synthetic cannabinoids, including any of their isomers, esters, or salts:
- (A) (6a,10a)-9-(hydroxymethyl)-6,6-dimethyl-3-(2methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol; including, but not limited to, HU 210 or HU 211;
- (B) Naphthoylindoles being any compound structurally derived from 3-(1-naphthoyl) indole with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to JWH-015; JWH-210; AM-1220; or MAM-2201;
- (C) Naphthylmethylindoles being any compound structurally derived from a 1-H-indole-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to, JWH-175; JWH-184; or JWH-199;
- (D) Naphthoylpyrroles, being any compound structurally derived from 3-(1-naphthoyl) pyrrole with substitution at the nitrogen atom of the pyrrole ring whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to, JWH-307;
- (E) Naphthylmethylindenes, being any compound structurally derived from 1-(1-naphthylmethyl) indene with substitution at the 3-position of the indene ring whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to, JWH-176;
- (F) Phenylacetylindoles, being any compound structurally derived from 3-phenylacetylindole with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent; including, but not limited to, JWH-167; JWH-201; JWH-251; or JWH-302;
- (G) Cyclohexylphenols, being any compound structurally derived from 2-(3-hydroxycyclohexyl) phenol with substitution at the 5-position of the phenolic ring whether or not further substituted in the cyclohexyl ring to any extent; including, but not limited to, the dimethylhexyl or dimethylnonyl homologues of CP 47,497;
- (H) Tetrahydro derivatives of cannabinol and 3-alkyl homologues of cannabinol or of its tetrahydro derivatives, except where contained in cannabis or cannabis resin;
- (I) Benzoylindoles, being any compound containing a 3-(benzoyl) indole structure with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent; including, but not limited to, Pravadoline (WIN 48,098); AM-1241; or AM-2233;
- (J) WIN-55; 212-2 or 2,3-Dihydro-5-methyl-3-(4-Morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone;
- (K) Cyclopropanoylindoles, being any compound structurally derived from a 3-(cyclopropylmethanoyl) indole structure with substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted in the cyclopropyl ring to any extent; including, but not limited to, A-796,260;
- (L) Adamantoylindoles, being any compound structurally derived from a 3-(1-adamantoyl)indole structure with substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring to any extent; including, but not limited to, AM-1248 or AB-001;
- (M) Adamantoylindolecarboxamides, being any compound structurally derived from an N-adamantyl-1-indole-3-carboxamide with substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring to any extent; including, but not limited to, STS-135; 2NE1;
- (N) Adamantylindazolecarboxamides, being any compound structurally derived from an N-adamantyl-1-indazole-3-carboxamide with substitution at the nitrogen atom of the indazole ring, whether or not further substituted in the indazole ring to any extent and whether or not substituted in the adamantyl ring to any extent;
- (O) Naphthoylnaphthalene, being any compound structurally derived from naphthalene-1-yl-(naphthalene-1-yl) methanone with substitutions on either of the naphthalene rings to any extent; including, but not limited to, CB-13;
- (P) Quinolinylindolecarboxylate, being any compound structurally derived from indole-3carboxylic acid-1H-quinolinyl ester structure with substitution at the nitrogen atom of the indole ring by alkyl; haloalkyl; alkenyl; cycloalkylmethyl; cycloalkylethyl; 1-(N-methyl-2-piperidinyl)methyl; or 2-(4-morpholinyl) ethyl group, whether or not further substituted in the indole ring to any extent, whether or not substituted in the quinolinyl ring to any extent;
- (Q) (1-Aminocarbonyl)propylindazolecarboxamides, being any compound structurally derived from 3-[(1-aminocarbonyl)-1-propyl] indazole carboxamide structure with substitution at either nitrogen atom of the indazole ring by alkyl; haloalkyl; alkenyl; cycloalkylmethyl; cycloalkylethyl; 1-(N-methyl-2-piperidinyl) methyl; or 2-(4-morphonlinyl) ethyl group, whether or not further substituted in the indazole ring to any extent, whether or not substituted in the propyl chain to any extent; including, but not limited to, AB-PINACA.
- (R) Naphthoylindazoles, being any compound structurally derived from 3-(1-naphthoyl) indazole structure with substitution at the nitrogen atom of the indazole ring, whether or not further substituted in the indazole ring to any extent, whether or not substituted in the naphthyl ring to any extent; including, but not limited to THJ-2201;
- (S) Methylindazolecarboxamidobutanoate, being any compound structurally derived from methyl-2-(indazole-3-carboxamido) butanoate structure with substitution at the nitrogen atom of the indazole ring whether or not further substituted in the indazole ring to any extent, whether or not substituted in the butanyl or methyl chain around the ester to any extent; including, but not limited to AMB and fluoro-AMB; and
- (T) Naphthalenylindolecarboxylates, being any compound structurally derived from a naphthalen-1-yl 1 H-indole-3-carboxylate structure with substitution at the nitrogen atom of the indole ring by alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2- piperidinyl) methyl, or 2-(4-morpholinyl) ethyl group, whether or not further substituted in the indole ring to any extent, whether or not substituted in the naphthalene ring to any extent; including, but not limited to NM-2201.
- (2) Subdivision (a)(1) concerning synthetic cannabinoids shall not apply to drugs or substances lawfully prescribed or to drugs or substances that have been approved or approved for study by the federal food and drug administration.
- (b) This section shall not apply to the possession, planting, cultivation, growing, or harvesting of the hallucinogenic plant strictly for aesthetic, landscaping, or decorative purposes.
- (c) This section shall not apply to any dosage form that is legally obtainable from a retail establishment without a prescription and is recognized by the federal food and drug administration as a homeopathic drug.
- (d)
- (1) A first violation of this section is a Class D felony.
- (2) A second or subsequent violation of this section is a Class C felony.
- (3) If the violation of this section involved the delivery, dispensing, or sale of a controlled substance analogue to a minor, the person shall be punished one (1) classification higher than the punishment provided by this subsection (d) for delivering, dispensing, or selling to an adult.
History (9)
- Acts 2006, ch. 700, § 1
- 2010, ch. 922, § 1
- 2011, ch. 274, § 1
- 2012, ch. 848, § 21
- 2012, ch. 854, § 1
- 2013, ch. 161, § 1
- 2014, ch. 735, § 1
- 2015, ch. 302, § 6
- 2015, ch. 401, §§ 1–3.
§ 39-17-439. Alcohol and drug addiction treatment fee. - (a) In addition to all other fines, fees, costs and punishments now prescribed by law, an alcohol and drug addiction treatment fee of one hundred dollars ($100) shall be assessed for each conviction for a violation under this part.
- (b) All proceeds collected pursuant to subsection (a) shall be transmitted to the commissioner of mental health and substance abuse services for deposit in the alcohol and drug addiction treatment fund administered by the department.
- (c)
- (1) All state funding to implement § 40-35-303(d)(11) shall be paid only from the alcohol and drug addiction treatment fund.
- (2) Funds expended pursuant to § 40-35-303(d)(11) shall not exceed the funds generated by this section, and, if necessary, treatment offered pursuant to § 40-35-303(d)(11) shall not be available if the treatment would result in expenditures in excess of the amount so generated.
History (4)
- Acts 2007, ch. 311, § 2
- 2009, ch. 186, § 4
- 2010, ch. 1100, § 65
- 2012, ch. 575, § 2.
§ 39-17-440. Sale of product containing dextromethorphan to person under 18 years of age — Exception — Proof of age — Violation. - (a) It is unlawful for:
- (1) Any commercial entity, or the entity's employee or representative acting on behalf of the entity, to knowingly sell a product containing dextromethorphan to a person that the employee or representative knows or has reason to know is less than eighteen (18) years of age and is not an emancipated minor, as defined in § 39-11-106. However, no employee, representative, or person acting on behalf of a commercial entity shall be in violation of this section, or be subject to an adverse employment action for a violation of this section, unless the employee, representative, or person has completed an employer-provided course of instruction that is specifically designed to enable the employee, representative, or person to identify products containing dextromethorphan and distinguish those products from similar products that do not contain dextromethorphan; or
- (2) Any person who is less than eighteen (18) years of age and who is not an emancipated minor, as defined in § 39-11-106, to purchase a product the person knows or should know contains any quantity of dextromethorphan with the intent to use the product in a manner inconsistent with the recommended dosage and manner of use indicated on the container.
- (b)
- (1) This section requires an entity, employee, or representative to manually obtain and verify proof of age or emancipation pursuant to subsection (c) as a condition of sale. Nothing in this section shall be construed to require additional compliance requirements, including placement of products in a specific place within a store, other restrictions on consumers' direct access to products, or the maintenance of transaction records.
- (2) This section shall not apply to a product containing dextromethorphan that is sold pursuant to a valid prescription, including a pharmacist-generated prescription issued pursuant to § 63-10-206.
- (c) Before completing a retail sale of a product containing dextromethorphan, the seller shall require the purchaser to present:
- (1) Valid government-issued photo identification proving that the purchaser is at least eighteen (18) years of age, unless from the purchaser's outward appearance the seller would reasonably believe the purchaser to be thirty (30) years of age or older; or
- (2) Proof of emancipation, if the purchaser is less than eighteen (18) years of age but is an emancipated minor.
- (d) A violation of subsection (a) is punishable by a civil penalty of not more than one hundred dollars ($100) for a first violation and five hundred dollars ($500) for a second or subsequent violation.
- (e) This section shall not apply to a product containing dextromethorphan that is:
- (1) Delivered or dispensed at a facility licensed under title 68, chapter 11, part 2, or title 33, chapter 2, part 4; or
- (2) Delivered or dispensed by a licensed healthcare practitioner to an inmate at a jail or correctional facility.
- (f) This section shall preempt any local ordinance regulating the retail sale of products containing dextromethorphan enacted by a local governmental entity of this state. Products containing dextromethorphan shall not be subject to further regulation by a local governmental entity.
History (1)
- Acts 2015, ch. 82, §§ 1, 2.
§ 39-17-452. Synthetic derivatives or analogues of methcathinone. - (a)
- (1) Unless specifically excepted or unless listed in another schedule, it is an offense to knowingly produce, manufacture, distribute, sell, offer for sale, or possess any capsule, pill, or other product composed of or containing any amount of any compound, other than bupropion, that is structurally derived from 2-amino-1-phenyl-1-propanone by modification in any of the following ways:
- (A) Substitution in the phenyl ring to any extent with alkyl; alkoxy; alkylenedioxy; haloalkyl; or halide substituents, whether or not further substituted in the phenyl ring by one (1) or more other univalent substituents;
- (B) Substitution at the 3-position with an alkyl substituent; or
- (C) Substitution at the nitrogen atom with alkyl or dialkyl groups, or by inclusion of the nitrogen atom in a cyclic structure.
- (2) Compounds recognized under subdivision (a)(1) include, but are not limited to:
- (A) 4-Methoxymethcathinone (Methedrone);
- (B) 3-Methoxymethcathinone (HMMC);
- (C) 4-Methyl-alpha-pyrrolidinobutyrophenone (MPBP);
- (D) 4-Ethylmethcathinone (4-EMC);
- (E) 3,4-Dimethylmethcathinone (3,4-DMMC);
- (F) [beta]-Keto-Ethylbenzodioxolylbutanamine (Eutylone);
- (G) 3,4-Methylenedioxy-N-ethylcathinone (Ethylone);
- (H) Mitragynine and hydroxymitragynine;
- (I) Desoxypipradol;
- (J) URB 754; and
- (K) URB602.
- (3)
- (A) It is an offense for a person to knowingly:
- (i) Sell, or offer for sale, Kratom unless labeled and in its natural form;
- (ii) Distribute, sell, or offer for sale, Kratom to a person under the age of twenty-one (21) years; or
- (iii) Purchase or possess Kratom if under the age of twenty-one (21) years.
- (B) For purposes of this subdivision (a)(3):
- (i) “Labeled” means a label containing the manufacturer's information and a warning that includes, at a minimum, “Warning: Do not use if you are pregnant or nursing. It is illegal to possess Kratom if under 21 years of age. Consult your healthcare professional before using. Do not combine with alcohol or medication. Consult a doctor prior to usage if you have any heart disease, liver disorder, high blood pressure, or medical condition or take medication.”; and
- (ii) “Natural form” means dried, cut, and sifted Kratom leaf or raw Kratom leaf powder.
- (b) Subsection (a) shall not apply to drugs or substances lawfully prescribed or to drugs or substances that have been approved by the federal food and drug administration.
- (c) A violation of subsection (a) is a Class A misdemeanor.
History (5)
- Acts 2011, ch. 169, § 1
- 2012, ch. 838, § 1
- 2013, ch. 161, §§ 5, 6
- 2015, ch. 302, § 7
- 2018, ch. 1040, § 10.
§ 39-17-453. Imitation controlled substances. - (a) It is an offense to knowingly manufacture, deliver, sell, or possess with the intent to sell, deliver or manufacture an imitation controlled substance.
- (b) No person shall, for the purpose of causing a condition of intoxication, inebriation, elation, dizziness, excitement, stupefaction, paralysis, or the dulling of the brain or nervous system, or disturbing or distorting of the audio or visual processes, intentionally smell, inhale, inject, ingest or consume in any manner whatsoever an imitation controlled substance.
- (c) No person shall, for the purpose of violating subsection (b), use, or possess for the purpose of so using, an imitation controlled substance.
- (d) For purposes of this section:
- (1)
- (A) “Imitation controlled substance” means a pill, capsule, tablet, or substance in any form whatsoever if it:
- (i) Is not a controlled substance enumerated in this part;
- (ii) Is subject to abuse;
- (iii) Purports, by express or implied representations, to act like a controlled substance that is a stimulant or depressant of the central nervous system; and
- (iv) Is not commonly used or recognized for use in that particular formulation for any purpose other than as a stimulant or depressant of the central nervous system; or
- (B)
- (i) The chemical structure of the substance is a derivative or analogue of the chemical structure of a controlled substance; and
- (ii) The substance is not commonly used or recognized for use in that particular formulation for any purpose other than as a stimulant or depressant of the central nervous system.
- (2) “Imitation controlled substance” does not include a pill, capsule, tablet, or substance in any form whatsoever if it is marketed or promoted, or sold as permitted by the United States food and drug administration.
- (e)
- (1) In determining whether a pill, capsule, tablet, or substance in any other form whatsoever, is an imitation controlled substance, there shall be considered, in addition to all other relevant factors, comparisons with accepted methods of marketing for legitimate nonprescription drugs for medicinal purposes rather than for drug abuse or any similar nonmedicinal use, including consideration of the packaging of the drug and its appearance in overall finished dosage form, promotional materials or representations, oral or written, concerning the drug, and the methods of distribution of the drug and where and how it is sold to the public.
- (2) In determining whether any person intends to manufacture, sell, give or distribute an imitation controlled substance, it may be inferred from, in addition to all other relevant evidence, whether any distribution or attempted distribution of such pill, capsule, tablet or substance in any other form whatsoever included an exchange of or a demand for money or other property as consideration, and, if so, whether the amount of such consideration was substantially greater than the reasonable value of such pill, capsule, tablet or substance in any other form whatsoever, considering the actual chemical composition of such pill, capsule, tablet or substance in any other form whatsoever and, where applicable, the price at which over-the-counter substances of like chemical composition sell. Such inference shall be transmitted to the jury by the trial judge's charge.
- (f)
- (1) A violation of subsection (a) is a Class E felony. In addition to any period of incarceration imposed, there shall be imposed a fine of not less than two thousand dollars ($2,000) and not more than five thousand dollars ($5,000).
- (2) A violation of subsection (b) or (c) is a Class A misdemeanor. In addition to any period of incarceration imposed, there shall be imposed a fine of not less than two hundred fifty dollars ($250) and not more than two thousand five hundred dollars ($2,500).
- (g) The building and premises of any business in or upon which a violation of this section is committed by an employee, agent or owner of such business is declared to be a public nuisance and shall be subject to abatement as provided in title 29, chapter 3.
History (2)
- Acts 2012, ch. 843, § 1
- 2013, ch. 433, § 1.
§ 39-17-454. Controlled substance analogues. - (a)
- (1) As used in this section, “controlled substance analogue” means a capsule, pill, powder, product or other substance, however constituted, that has the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance; and
- (A) Has a chemical structure which is a derivative or structural analogue of the chemical structure of a controlled substance; provided, that as used in this subdivision (a)(1), “analogue” means the structure of the tested item differs in no more than two (2) atoms, one (1) functional group, or one (1) double bond, from the structure of a controlled substance; or
- (B) Is prohibited by § 39-17-452.
- (2) “Controlled substance analogue” does not include:
- (A) A controlled substance;
- (B) Any substance for which there is an approved use or new drug application by the federal food and drug administration;
- (C) Any compound, mixture, or preparation that contains any controlled substance that is not for administration to a human being or animal, and that is packaged in such form or concentration, or with adulterants or denaturants, so that as packaged it does not present any significant potential for abuse; or
- (D) Any substance to which an investigational exemption applies under § 505 of the Food, Drug and Cosmetic Act (21 U.S.C. § 355), but only to the extent that conduct with respect to the substance is pursuant to such exemption.
- (b)
- (1) In determining whether a substance is a controlled substance analogue, the following factors shall be considered, along with any other relevant factors:
- (A) The difference between the price at which the substance is sold and the price at which the substance it is purported to be or advertised as is normally sold;
- (B) Its diversion from legitimate channels, and its clandestine importation, manufacture, or distribution;
- (C) The defendant's prior convictions, if any, for a violation of any state or federal statute prohibiting controlled substances or controlled substance analogues; and
- (D) Comparisons with accepted methods of marketing a legitimate nonprescription drug for medicinal purposes rather than for the purpose of drug abuse or any similar nonmedical use, including:
- (i) The packaging of the substance and its appearance in overall finished dosage form;
- (ii) Oral or written statements or representations concerning the substance;
- (iii) The methods by which the substance is distributed; and
- (iv) The manner in which the substance is sold to the public.
- (2) In determining whether a substance is a controlled substance analogue, the following scientific or pharmacological factors may be considered, along with any other relevant factors:
- (A) Its actual or relative potential for abuse;
- (B) Scientific evidence of its pharmacological effect, if known;
- (C) The state of current scientific knowledge regarding the substance;
- (D) The history of the substance and its current pattern of abuse;
- (E) The scope, duration and significance of abuse;
- (F) What, if any, risk there is to the public health;
- (G) Its psychic or physiological dependence liability; and
- (H) Whether the substance is an immediate precursor of a substance already controlled under this chapter.
- (c) It is an offense to knowingly manufacture, deliver, dispense or sell a controlled substance analogue or to possess a controlled substance analogue with the intent to manufacture, deliver, dispense or sell such substance.
- (d) It is an offense to knowingly possess or casually exchange a small amount of a controlled substance analogue not in excess of one (1) gram.
- (e) It may be inferred from the amount of controlled substance analogue possessed by an offender, along with other relevant facts surrounding the arrest, that the controlled substance analogue was possessed with the purpose of selling or otherwise dispensing in violation of subsection (c). It may be inferred from circumstances indicating a casual exchange among individuals of a controlled substance analogue that the controlled substance analogue so exchanged was possessed not with the purpose of selling or otherwise dispensing in violation of subsection (c). The inferences shall be transmitted to the jury by the trial judge's charge, and the jury will consider the inferences along with the nature of the substance possessed when affixing the penalty.
- (f)
- (1) It is an offense for a person to represent, orally or in writing, advertise, infer or intend that a controlled substance analogue has the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance; and
- (A) Has a chemical structure which is a derivative or structural analogue of the chemical structure of a controlled substance; provided, that as used in this subdivision (f)(1), “analogue” means the structure of the tested item differs in no more than two (2) atoms, one (1) functional group, or one (1) double bond, from the structure of a controlled substance; or
- (B) Is prohibited by § 39-17-452.
- (2) It is not a defense to prosecution under this subsection (f) that the controlled substance analogue:
- (A) Is not a derivative of a controlled substance;
- (B) Does not have a chemical structure which is a derivative or analogue, as defined in subdivision (f)(1)(A), of the chemical structure of a controlled substance;
- (C) Does not have a stimulant, depressant, hallucinogenic effect on the central nervous system substantially similar to or greater than the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance; or
- (D) Is not listed in § 39-17-452.
- (g)
- (1) A first violation of subsection (c) is a Class D felony.
- (2) A second or subsequent violation of subsection (c) is a Class C felony.
- (3) If the violation of subsection (c) involved the delivery, dispensing or sale of a controlled substance analogue to a minor, the person shall be punished one (1) classification higher than the punishment provided by this subsection (g) for delivering, dispensing or selling to an adult.
- (4) A violation of subsection (d) or (f) is a Class A misdemeanor.
- (h)
- (1) Nothing in this section shall preclude a violation of § 39-17-453, involving an imitation controlled substance, or § 39-17-452 from being prosecuted and punished as a violation of this section if the substance in question meets the definition of an analogue controlled substance under subsection (a).
- (2) Nothing in this section shall preclude a violation of this section involving a controlled substance analogue from being prosecuted and punished under § 39-17-452 or § 39-17-453 if the controlled substance analogue in question also meets the definitions found in such sections.
- (3) If the chemical analysis of a controlled substance analogue determines that it also contains a hazardous substance as defined by § 68-131-102, nothing in this section shall preclude a violation of this section from also being prosecuted and punished under title 68, chapter 131, part 1.
- (i) Any disability, disqualification, forfeiture, suspension, revocation, prohibition, tax or other adverse consequence provided by law that may result from a conviction for an offense involving a controlled substance shall also apply if the conviction involves a controlled substance analogue in violation of subsection (c).
- (j) The building and premises of any business in or upon which a violation of subsection (c) or (f) is committed by an employee, agent or owner of such business is declared to be a public nuisance and shall be subject to abatement as provided in title 29, chapter 3.
History (2)
- Acts 2012, ch. 848, § 96
- 2013, ch. 161, §§ 2-4, 7.
§ 39-17-455. Manufacture of marijuana concentrate by process which includes use of inherently hazardous substance — Use of premises. - (a) As used in this section:
- (1) “Inherently hazardous substance” means any liquid chemical, compressed gas, or commercial product that has a flash point at or lower than thirty-eight degrees Celsius (38° C) or one hundred degrees Fahrenheit (100° F), including butane, propane, and diethyl ether; and
- (2) “Inherently hazardous substance” does not include all forms of alcohol and ethanol.
- (b) It is an offense for a person to knowingly manufacture marijuana concentrate by a process which includes use of an inherently hazardous substance.
- (c) It is an offense for any person who owns, manages, operates, or otherwise controls the use of any premises to knowingly allow marijuana concentrate to be manufactured on the premises by a process which includes use of an inherently hazardous substance.
- (d)
- (1) A violation of subsection (b) is a Class E felony.
- (2) A violation of subsection (c) is a Class A misdemeanor.
History (1)
- Acts 2016, ch. 1014, § 1.
§ 39-17-456. Prohibitions against the possession, manufacture, or sale of xylazine. - (a) It is an offense to knowingly possess xylazine.
- (b) It is an offense to knowingly manufacture, deliver, or sell xylazine.
- (c) It is an offense to knowingly possess xylazine with intent to manufacture, deliver, or sell xylazine.
- (d) Notwithstanding subsections (a) – (c):
- (1) It is not an offense to possess, manufacture, deliver, or sell xylazine in the course of legitimate veterinary practice; and
- (2) It is not an offense to possess xylazine pursuant to a valid prescription from a licensed veterinarian;
- (e) As used in this section, “xylazine” means xylazine and any salt, sulfate, isomer, homologue, analog, or other preparation of xylazine, and any salt, sulfate, isomer, compound, derivative, precursor, homologue, analog, or other preparation thereof that is substantially chemically equivalent or identical to xylazine.
- (f) A violation of subsection (a) is a Class A misdemeanor; and
- (g) A violation of subsection (b) or (c) is a Class C felony.
Part 5 Gambling § 39-17-501. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Antique coin machine” means a gambling device or record that is at least twenty-five (25) years old and that is operated, played, worked, manipulated, or used by inserting or depositing a coin, slug, token, or thing of value to play a game, see pictures, hear music, or provide any other form of entertainment and includes, but is not limited to, antique slot machines, antique gambling devices, or antique gaming machines;
- (2) “Gambling” is contrary to the public policy of this state and means risking anything of value for a profit whose return is to any degree contingent on chance, or any games of chance associated with casinos, including, but not limited to, slot machines, roulette wheels and the like. For the purposes of this chapter gambling does not include:
- (A) A lawful business transaction;
- (B) Annual events operated for the benefit of nonprofit organizations that are authorized pursuant to a two-thirds (⅔) approval of the general assembly, so long as such events are not prohibited by the state constitution;
- (C) A state lottery of the type in operation in Georgia, Kentucky, and Virginia in 2000 and authorized by amendment to the Constitution of Tennessee, if the lottery is approved by the general assembly;
- (D) A fantasy sports contest conducted in accordance with the Fantasy Sports Act, compiled in title 4, chapter 49, part 2;
- (E) Lawfully accepting or placing a wager on a sporting event in accordance with the Tennessee Sports Gaming Act, compiled in title 4, chapter 49; or
- (F) A low-level sports entertainment pool;
- (3) “Gambling bet” means anything of value risked in gambling;
- (4) “Gambling device or record” means anything designed for use in gambling, intended for use in gambling, or used for gambling;
- (5) “Lawful business transaction,” as used in subdivision (2), includes any futures or commodities trading;
- (6) “Lottery” means the selling of anything of value for chances on a prize or stake;
- (7) “Low-level sports entertainment pool” or “pool” means a type of pari-mutuel betting:
- (A) In which a participant:
- (i) Pays money for participation in a pool; and
- (ii) Makes selections based on the participant's predictions of either the outcome of a series of athletic contests of the same sport or the statistics of individual athletes selected by the participant to assemble an imaginary team of athletes;
- (B) That does not involve laying odds; and
- (C) That has the following characteristics:
- (i) The total or cumulative entry fee paid by an individual participant is no more than twenty-five dollars ($25.00);
- (ii) The total pool is no more than one thousand dollars ($1,000); and
- (iii) The pool is managed by an individual and not by any type of business entity; and
- (8) “Profit” means anything of value in addition to the gambling bet.
History (12)
- Acts 1989, ch. 591, § 1
- 1990, ch. 945, § 1
- 2001, ch. 439, § 1
- 2007, ch. 349, § 1
- 2009, ch. 267, § 1
- 2015, ch. 134, § 23
- 2016, ch. 978, § 2
- 2019, ch. 126, §§ 2, 3
- 2019, ch. 507, § 2
- 2021, ch. 65, § 1
- 2023, ch. 143, § 7
- 2023, ch. 450, § 33.
§ 39-17-502. Gambling — Defenses. - (a) A person commits an offense who knowingly engages in gambling.
- (b) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that a person reasonably and in good faith relied upon the representations of a gambling promoter that a gambling activity was lawful because it was an authorized annual event pursuant to title 3, chapter 17. It is not an affirmative defense to prosecution under this section that a person engaged in a gambling activity that was not an authorized type of lottery game pursuant to title 3, chapter 17.
- (c) The offense of gambling is a Class C misdemeanor.
History (2)
- Acts 1989, ch. 591, § 1
- 2004, ch. 476, § 3.
§ 39-17-503. Gambling promotion. - (a) A person commits an offense who knowingly induces or aids another to engage in gambling, and:
- (1) Intends to derive or derives an economic benefit other than personal winnings from the gambling; or
- (2) Participates in the gambling and has, other than by virtue of skill or luck, a lesser risk of losing or greater chance of winning than one (1) or more of the other participants.
- (b) The offense of gambling promotion is a Class B misdemeanor.
§ 39-17-504. Aggravated gambling promotion. - (a) A person commits an offense who knowingly invests in, finances, owns, controls, supervises, manages or participates in a gambling enterprise.
- (b) For purposes of this section, “gambling enterprise” means two (2) or more persons regularly engaged in gambling promotion as defined in § 39-17-503.
- (c) The offense of aggravated gambling promotion is a Class E felony.
§ 39-17-505. Possession of gambling device or record — Forfeiture. - (a)
- (1) A person commits an offense who knowingly owns, manufactures, possesses, buys, sells, rents, leases, stores, repairs, transports, prints, or makes any gambling device or record.
- (2) It is not an offense for a person to own or possess in this state a lottery ticket originating from a state in which a lottery is lawful, if the ticket is not owned or possessed for the purpose of resale.
- (3) It is not an offense for a person to knowingly own, manufacture, possess, buy, sell, rent, lease, store, repair, transport, print or make any gambling device or record if the device or record is owned, manufactured, possessed, bought, sold, rented, leased, stored, repaired, transported, printed or made pursuant to title 4, chapter 51, part 1 and part 6 of this chapter.
- (4) It is not an offense for a person to knowingly own, manufacture, possess, buy, sell, rent, lease, store, repair, transport, print or make any gambling device or record if the device or record is for the purpose of conducting an annual event pursuant to title 3, chapter 17, and part 6 of this chapter.
- (5)
- (A) It shall not be an offense for a manufacturer of gambling devices to knowingly own, manufacture, assemble, design, possess, buy, sell, rent, lease, store, repair, transport, print or make any gambling device or record solely intended for gambling outside of this state and in compliance with the laws of the United States. The requirement that the manufacturing, selling or leasing of gambling devices be intended solely for gambling outside of the state shall not restrict uses of the gambling devices by the manufacturer that are ancillary or accessorial to the manufacturing, selling or leasing process or business, including, but not limited to, using the gambling devices for research and development, employee training, compliance program initiatives, testing and quality assurance processes, showroom display, leasing or purchasing or selling of gambling devices or parts or equipment, storage or warehousing of gambling devices or parts or equipment, maintenance or refurbishing of gambling devices or parts or equipment, and safekeeping of gambling devices or parts or equipment for future litigation. Also considered ancillary or accessorial to the manufacturing, selling or leasing process or business shall be the use or operation of computers, computer servers, and similar electronic devices, hardware and software, and all gambling records, data or information owned, maintained or stored thereupon, or produced, generated, created, printed, transported or transmitted therefrom, whether paper, electronic or otherwise, in conjunction with legal gambling and in compliance with the laws of the United States. Ancillary or accessorial uses shall not include use of the gambling devices or records that would allow persons physically present in this state to place gambling bets. This subdivision (a)(5) shall not apply unless the manufacturer meets or exceeds federal government requirements pursuant to 15 U.S.C. § 1171 et seq., and any regulations promulgated pursuant to 15 U.S.C. § 1171 et seq., and provides the secretary of state with a copy of the request for registration pursuant to 15 U.S.C. § 1173, together with copies of each gambling license or permit issued by any regulatory authority, including but not limited to any state, country, federally recognized tribe or United States territory, and pays a ten-thousand-dollar fee prior to January 1 of that year. Additionally, the manufacturer shall provide the secretary of state with proof of annual registration under 15 U.S.C. § 1173 with the office of the United States attorney general within thirty (30) days of the receipt thereof.
- (B) The fee imposed by subdivision (a)(5)(A) shall not apply to nonprofit corporations licensed by the department of mental health and substance abuse services and certified by the department of human services to provide vocational rehabilitation job training programs that otherwise qualify for the exemption under subdivision (a)(5)(A).
- (6)
- (A) It is not an offense for a person to own, possess, buy, or sell an antique coin machine if:
- (i) The antique coin machine is not used for gambling purposes; and
- (ii) Members of the public are not permitted to operate any antique coin machine that is displayed in public.
- (B) A person selling an antique coin machine shall indicate to all prospective buyers that the antique coin machine is not to be used for gambling purposes.
- (b)
- (1) Any gambling device or record is contraband and shall be subject to seizure, confiscation and forfeiture in accordance with the forfeiture provisions, compiled in chapter 11, part 7 of this title.
- (2) After a gambling device or record has been forfeited to the state pursuant to chapter 11, part 7 of this title, the court hearing the criminal charges resulting in the forfeiture shall order the destruction of the device or record. If the district attorney general or law enforcement agency does not believe that a gambling device or record should be destroyed in a particular case, the district attorney general shall petition the court for an alternate disposition of the record or device. If the court finds that the proposed alternate disposition reasonably ensures that the device will not be used in an unlawful manner in this state, the court may grant the petition and order the disposition of the device or record in accordance with the petition.
- (c) Possession of a gambling device or record is a Class B misdemeanor.
History (10)
- Acts 1989, ch. 591, § 1
- 1993, ch. 265, § 1
- 1994, ch. 856, § 1
- 2003, ch. 297, § 5
- 2004, ch. 476, § 4
- 2009, ch. 267, § 2
- 2011, ch. 459, § 1
- 2012, ch. 575, § 1
- 2012, ch. 840, § 1
- 2021, ch. 65, § 2.
§ 39-17-506. Lotteries, chain letters and pyramid clubs. - (a) A person commits an offense who knowingly makes or aids in the making of any lottery. For the purposes of this section, “makes or aids in the making of any lottery” does not include:
- (1) Ownership or possession in this state of a lottery ticket originating from another state in which a lottery is lawful, if the ticket is not owned or possessed for the purpose of resale; provided, however, that nothing in this subdivision (a)(1) shall be construed as preventing the sale of lottery tickets or shares under the authority of the Tennessee Education Lottery Corporation; or the sale of tickets, shares, chances or similar records for an annual event pursuant to title 3, chapter 17, and part 6 of this chapter;
- (2) The Tennessee Education Lottery operated pursuant to title 4, chapter 51, part 1; or
- (3) An annual event operated pursuant to title 3, chapter 17, and part 6 of this chapter.
- (b) For the purposes of this section, “makes or aids in the making of any lottery” includes the organization of, membership in, or solicitation of persons for membership in any chain letter club, pyramid club, or other group organized under any plan whereby anything of value to be given by a member of the club or group is to be given to any other member of the club or group, which plan includes any provision for the increase in membership through a chain process of new members securing other new members and thereby advancing themselves in the group to a position where the members in turn receive things of value from other members.
- (c) An offense under this section is:
- (1) A Class C misdemeanor if the aggregate amount of money involved in the lottery, chain letter, or pyramid club is fifty dollars ($50.00) or less;
- (2) A Class B misdemeanor if the aggregate amount of money involved in the lottery, chain letter, or pyramid club is more than fifty dollars ($50.00) but less than two hundred fifty dollars ($250);
- (3) A Class A misdemeanor if the aggregate amount of money involved in the lottery, chain letter, or pyramid club is two hundred fifty dollars ($250) or more but less than ten thousand dollars ($10,000); or
- (4) A Class E felony if the amount of money involved in the lottery, chain letter, or pyramid club is ten thousand dollars ($10,000) or more.
History (4)
- Acts 1989, ch. 591, § 1
- 1994, ch. 856, § 2
- 2003, ch. 297, §§ 6, 7
- 2004, ch. 476, §§ 5, 6.
§ 39-17-507. Customer referral rebates unlawful. - (a) With respect to a consumer sale, consumer credit sale or consumer lease, the seller or lessor may not give or offer to give a rebate or discount or otherwise pay or offer to pay value to a buyer or lessee as an inducement for a sale or lease in consideration of the buyer or lessee referring or giving to the seller or lessor the names of prospective customers or lessees, or otherwise aiding the seller or lessor in making a sale or lease to another person, if the earning of the rebate, discount, commission or other value is contingent upon the occurrence of an event subsequent to the time the buyer or lessee agrees to buy or lease.
- (b) If a buyer or lessee is induced by a violation of this section to enter into a consumer sale, consumer credit sale or consumer lease, then the transaction is declared to be a lottery and the agreement is unenforceable by the seller or lessor, and the buyer or lessee, at the buyer's or lessee's option, may rescind the agreement or retain the goods delivered and the benefits of any services performed, without any obligation to pay for them.
- (c) Any person offering to sell or lease goods or services in violation of this section commits a Class C misdemeanor.
§ 39-17-508. Premiums at fairs. - It is lawful and not in violation of this part for a person, upon complying with the rules of public fairs, to enter and contend for any and all premiums as may be offered at such fairs.
§ 39-17-509. Preemption. - The general assembly, by enacting this part, intends to preempt any other regulation of the area covered by this part. No governmental subdivision or agency may enact or enforce a law that regulates or makes any conduct in the area covered by this part an offense, a violation, or the subject of a criminal or civil penalty or sanction of any kind.
Part 6 Lottery Sales § 39-17-601. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Annual event” means an event:
- (A) Authorized by a two-thirds (⅔) vote of all members elected to each house of the general assembly;
- (B) Operated for the benefit of a nonprofit organization located in Tennessee;
- (C) Conducted with a single type of lottery game, as defined in § 3-17-102;
- (D) Conducted on an event date, as defined in § 3-17-102; and
- (E) Conducted at a location within a county where the organization maintains a physical presence;
- (2) “Corporation” means the Tennessee Education Lottery Corporation or its successor;
- (3) “Proof of age” means a driver license or other generally accepted means of identification that describes the individual as eighteen (18) years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid;
- (4) “State lottery game” means any game of chance approved and operated pursuant to title 4, chapter 51, part 1, including, but not limited to, instant tickets, online games, and games using mechanical or electronic devices;
- (5) “State lottery retailer” means:
- (A) A person who sells state lottery tickets or shares on behalf of the corporation pursuant to a contract or an employee or agent of the person; or
- (B) The corporation or an employee or agent of the corporation; and
- (6) “State lottery ticket or share” means a lottery ticket or share issued by, or under the authority of, the corporation for evidence of participation in a state lottery game.
History (3)
- Acts 2003, ch. 297, § 8
- 2004, ch. 476, § 7
- 2015, ch. 134, § 24.
§ 39-17-602. Sales to persons under 18 years of age. - (a) It is an offense for any person, including a state lottery retailer, to sell a state lottery ticket or share to any person under eighteen (18) years of age.
- (b) It is an offense for a state lottery retailer to allow a person under eighteen (18) years of age to purchase a state lottery ticket or share from an electronic or mechanical device.
- (c) It is an offense for a state lottery retailer to allow a person under eighteen (18) years of age to play any state lottery game.
- (d) It is an offense for a state lottery retailer to redeem a state lottery ticket or share for any person under eighteen (18) years of age.
- (e) A person's first violation of this section is a Class B misdemeanor. A person's second or subsequent violation of this section is a Class A misdemeanor.
- (f) It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that the state lottery retailer reasonably and in good faith relied upon a representation of proof of age in making, or allowing, the sale or redemption.
§ 39-17-603. Delinquent acts. - (a) It is a delinquent act for a person under eighteen (18) years of age to purchase, or attempt to purchase, a state lottery ticket or share.
- (b) It is a delinquent act for a person under eighteen (18) years of age to redeem, or attempt to redeem, a state lottery ticket or share.
- (c) A violation of this section is punishable by a fine not to exceed fifty dollars ($50.00) or, in the discretion of the court, community service work not less than twenty (20) hours nor more than fifty (50) hours.
- (d) This section shall not be construed as prohibiting any person under eighteen (18) years of age from handling or transporting state lottery tickets or shares as a part of and in the course of the person's employment; provided, however, that the person is under the supervision of another employee who is at least twenty-one (21) years of age.
§ 39-17-604. Illegal sales — Exceptions. - (a) It is an offense for a person, other than a state lottery retailer, to sell a state lottery ticket or share.
- (b) It is an offense for a person to sell a state lottery ticket or share at a price other than face value.
- (c) It is an offense for a state lottery retailer to sell a state lottery ticket or share at a location other than the location listed on the retailer's certificate of authorization.
- (d) A violation of this section is a Class A misdemeanor.
- (e) It is an exception to the application of this section that:
- (1) A state lottery retailer, with written preauthorization from the chief executive officer of the corporation, sold state lottery tickets or shares at a price other than the price established by the corporation; and
- (2) A state lottery retailer, with written preauthorization from the chief executive officer of the corporation, sold state lottery tickets or shares at a temporary location.
- (f) This section shall not be construed as preventing the corporation from giving or selling state lottery tickets or shares at any price or at any location.
§ 39-17-606. Signage. - (a) Each state lottery retailer shall display, in a prominent place at the location where the retailer sells lottery tickets or shares, a sign, at least seventeen inches (17″) high and twenty-two inches (22″) wide, stating:
-
- ATTENTION: STATE LAW STRICTLY PROHIBITS THE SALE OF LOTTERY TICKETS TO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS; PROOF OF AGE MAY BE REQUIRED FOR PURCHASE.
-
- ATENCION: POR LEY DEL ESTADO DE TENNESSEE ES ESTRICTAMENTE PROHIBIDO VENDER BOLETAS DE LOTERIA A PERSONAS MENORES DE DIECIOCHO AÑOS; PRUEBA DE EDAD PUEDE SER REQUERIDA PARA COMPRARLAS.
-
- (b) A violation of this section is a Class C misdemeanor.
§ 39-17-607. Fraud. - (a) It is an offense for any person to falsely make, alter, forge, pass or counterfeit a state lottery ticket with the intent to defraud.
- (b) It is an offense for any person to knowingly influence, or attempt to influence, the winning of a prize through the use of coercion, fraud, deception, or tampering with lottery equipment or materials.
- (c)
- (1) A violation of subsection (a) is a Class D felony; provided, however, that the maximum fine shall be fifty thousand dollars ($50,000).
- (2) A violation of subsection (b) is a Class C felony; provided, however, that the maximum fine shall be one hundred thousand dollars ($100,000).
§ 39-17-608. False statements in applications or records. - (a) It is an offense for any person to knowingly:
- (1) Make a material false statement in any application to the corporation for a license or proposal to conduct lottery activities; or
- (2) Make a material false entry in any book or record which is compiled for the corporation, maintained for the corporation, or submitted to the corporation.
- (b) A violation of this section is a Class D felony; provided, however, that the maximum fine shall be twenty-five thousand dollars ($25,000) or the dollar amount of the false entry or statement, whichever is greater.
§ 39-17-609. Federal exemption. - All terminals, tickets, shares, and other devices imported, transported, or distributed under the authority of the Tennessee Education Lottery Corporation are exempt from the provisions of 15 U.S.C. § 1172.
§ 39-17-610. Preemption. - The general assembly, by enacting this part, intends to preempt any other regulation of the area covered by this part and the Tennessee Education Lottery Implementation Law, compiled in title 4, chapter 51. No political subdivision or agency may enact or enforce a law, ordinance, resolution, or regulation that regulates or prohibits any conduct in the area covered by this part and title 4, chapter 51.
§ 39-17-652. Offense of conducting more than one annual event. - (a) It is an offense for any person to knowingly conduct more than one (1) annual event for the benefit of the same nonprofit organization within the twelve-month period beginning July 1 following the application deadline and ending the next June 30.
- (b) A violation of this section is a Class A misdemeanor; provided, however, that the maximum fine shall be fifty thousand dollars ($50,000) per event in excess of the authorized annual event.
History (2)
- Acts 2004, ch. 476, § 9
- 2015, ch. 134, § 25.
§ 39-17-653. Offense of conducting annual event at an unauthorized location or on unauthorized date. - (a) It is an offense for any person to knowingly conduct an annual event at a location other than the location, or locations, listed in a nonprofit organization's annual event application pursuant to § 3-17-104(e)(4).
- (b) It is an offense for any person to knowingly conduct an annual event on a date not authorized pursuant to title 3, chapter 17.
- (c) A violation of this section is a Class C misdemeanor; provided, however, that the maximum fine shall be ten thousand dollars ($10,000).
History (2)
- Acts 2004, ch. 476, § 9
- 2015, ch. 134, § 26.
§ 39-17-654. Offense of engaging in gambling promotion under the pretense of conducting an annual event — Offense of managing, conducting or operating an annual event. - (a)
- (1) It is an offense for any person to knowingly engage in gambling promotion under the pretense of conducting an annual event.
- (2) A violation of this subsection (a) is a Class E felony; provided, however, that the maximum fine shall be the greater of:
- (A) Fifty thousand dollars ($50,000); or
- (B) The amount of gross proceeds derived from the gambling activity.
- (b)
- (1) It is an offense for any person authorized to conduct an annual event to knowingly employ, contract with, or otherwise utilize the services of any person, management company or consultant to manage, conduct or operate an annual event.
- (2) A violation of this subsection (b) is a Class A misdemeanor; provided, however, that the maximum fine shall be fifty thousand dollars ($50,000).
- (c)
- (1) It is an offense for any person not authorized pursuant to title 3, chapter 17, to knowingly manage, conduct or operate an annual event for a nonprofit organization.
- (2) A violation of this subsection (c) is a Class D felony; provided, however, that the maximum fine shall be the greater of:
- (A) Fifty thousand dollars ($50,000); or
- (B) The amount of the consideration obtained for the management, conducting or operation of the annual event.
History (2)
- Acts 2004, ch. 476, § 9
- 2015, ch. 134, § 27.
§ 39-17-655. Offenses involving financial accounting of an annual event. - (a) It is an offense for any person to knowingly:
- (1) Fail to file a financial accounting for an annual event as required pursuant to § 3-17-106;
- (2) Fail to timely file a financial accounting for an annual event as required pursuant to § 3-17-106;
- (3) Make a material false statement in any application, affidavit or statement made to the secretary of state in an application for an annual event; or
- (4) Make a material false entry or statement in a financial accounting that is compiled for an annual event or that is submitted to the secretary of state for an annual event.
- (b)
- (1) A violation of subdivision (a)(1) is a Class B misdemeanor; provided, however, that the maximum fine shall be the greater of:
- (A) Twenty-five thousand dollars ($25,000); or
- (B) The amount of gross proceeds derived from the annual event.
- (2) A violation of subdivision (a)(2) is a Class C misdemeanor; provided, however, that the maximum fine shall be the lesser of:
- (A) Five thousand dollars ($5,000); or
- (B) The amount of gross proceeds derived from the annual event.
- (3) A violation of subdivision (a)(3) is a Class A misdemeanor; provided, however, that the maximum fine shall be fifty thousand dollars ($50,000).
- (4) A violation of subdivision (a)(4) is a Class A misdemeanor; provided, however, that the maximum fine shall be the greater of:
- (A) Fifty thousand dollars ($50,000); or
- (B) The dollar amount of the false entry or statement.
§ 39-17-656. Offense of falsely making, altering, forging, passing or counterfeiting a ticket, share, chance or similar record for an annual event. - (a) It is an offense for any person to falsely make, alter, forge, pass or counterfeit a ticket, share, chance or similar record for an annual event with the intent to defraud.
- (b) It is an offense for any person to knowingly influence, or attempt to influence, the winning of a prize through the use of coercion, fraud, deception, or tampering with an annual event's equipment or materials.
- (c)
- (1) A violation of subsection (a) is a Class A misdemeanor; provided, however, that the maximum fine shall be twenty-five thousand dollars ($25,000).
- (2) A violation of subsection (b) is a Class E felony; provided, however, that the maximum fine shall be fifty thousand dollars ($50,000).
§ 39-17-657. Offense of offering cost of services, records or devices on a contingency basis. - (a) It is an offense for any person to knowingly sell or lease, or offer for sale or lease, facilities, locations, advertising services, printing services, telephone services, gambling records or gambling devices based on a percentage of the proceeds of an annual event or by any other contingency agreement based on the proceeds of an annual event or at a price greater than fair market value.
- (b) A violation of this section is a Class E felony; provided, however, that the maximum fine shall be fifty thousand dollars ($50,000).
Part 7 Intoxicating Liquors § 39-17-702. Unlawful sale of alcoholic beverages. - (a) It is unlawful for any person to sell wine, beer, ale, or any other beverage or mixed drink containing alcohol in any establishment unless the establishment is operating in compliance with all laws governing the sale of alcoholic beverages in the establishments.
- (b) A violation of this section is a Class B misdemeanor.
§ 39-17-703. Receiving, possessing, and transporting alcoholic beverages. - (a) No person, unless authorized to do so under title 57, shall receive, possess or transport with the intent to redistribute or resell in this state any intoxicating liquor that has not had all taxes attributable to the intoxicating liquor paid.
- (b) It shall be inferred that any receipt, possession, or transportation of more than five (5) gallons of intoxicating liquors that is not accompanied by a receipt or documentation from an entity holding a license issued under § 57-3-203, § 57-3-204, § 57-3-207 or § 57-3-218 is for the purpose of resale or distribution.
- (c) No person, unless authorized to do so pursuant to title 57, shall receive, possess, or transport an intoxicating liquor with the intent to deliver the intoxicating liquor to customers resulting in a fee or service charge.
- (d) A violation of this section is a Class A misdemeanor.
History (4)
- Acts 1989, ch. 591, § 1
- 2009, ch. 434, §§ 1, 2
- 2011, ch. 451, § 3
- 2016, ch. 1045, § 1.
§ 39-17-705. Exceptions. - Nothing in § 39-17-703 shall make it unlawful for:
- (1) Any priest or minister of any religious denomination or sect to receive and possess wines for sacramental purposes, or for any common or other carrier to ship or transport wine for sacramental purposes to any priest or minister of any religious denomination or sect;
- (2) Druggists to receive and possess alcohol and other intoxicating liquors and preparations as may be sold by druggists for the special purposes and in the manner as provided by law, for manufacturers of medicines that conform to the provisions of the law applicable to pure food and pure drugs, or for bona fide hospitals, and for manufacturers of perfumery and toilet articles and manufacturers of flavoring extracts, to receive and possess alcohol for use of bona fide patients of the hospitals, or in the manufacturing of medicines or flavoring extracts, or perfumery or toilet articles, or for any common or other carrier to ship or transport liquor, or alcohol for such purposes to druggists or hospitals, or manufacturers of medicines, or flavoring extracts or perfumery or toilet articles;
- (3) Any person engaged in the manufacture of thermostatic devices or temperature regulators to import alcohol into this state for use in the manufacture and charging of the devices and regulators;
- (4) Bona fide educational institutions to receive and possess alcohol for scientific and therapeutic purposes, or for any common or other carrier to ship or transport alcohol for those purposes to bona fide educational institutions; or
- (5) Any person to transport intoxicating liquor not in excess of the quantity permitted by 19 U.S.C. § 1202, notwithstanding that the liquor may be transported without the proper revenue affixed thereto, if the liquor was purchased outside the United States and brought into the state through an airport designated as a point of origin and destination for international passengers and cargo.
§ 39-17-706. Manufacture of alcoholic beverages. - (a) It is unlawful for any person, company, or other entity to manufacture intoxicating beverages unless authorized by law to do so; provided, that this section shall not be construed to prohibit the manufacture of alcohol for use as a fuel to power motor-driven vehicles and machinery or for heating purposes or of not less than one hundred eighty-eight (188) proof for chemical, pharmaceutical, medical, and bacteriological purposes.
- (b) A violation of this section is a Class A misdemeanor.
§ 39-17-707. Possession of still. - (a) It is unlawful for any person to have possession or control of any still or other apparatus, or part of any still or other apparatus, used or intended to be used for the purpose of manufacturing intoxicating liquor as prohibited by law.
- (b) A violation of this section is a Class B misdemeanor.
§ 39-17-708. Home manufacture of wine or beer excepted. - (a) Notwithstanding the provisions of this part, a private individual in the person's own home may manufacture and possess wine or beer in an amount not in excess of that amount annually permitted as of January 1, 1997, by federal statutes and regulations relative to household manufacture and consumption; provided, that the wine or beer is for personal consumption by members and guests of the household. Such wine or beer may also be transported by the person, member or guest without being in violation of this part; provided, that the amount being transported at any one (1) time shall not exceed five (5) gallons, except as provided in § 57-5-111.
- (b) It shall be inferred that transportation of more than five (5) gallons is for the purpose of resale or redistribution.
- (c) For purposes of this section, “beer” means the undistilled and unfortified product, of any name or description, of the normal alcoholic fermentation of malt or other ingredients except grapes.
History (3)
- Acts 1989, ch. 591, § 1
- 1997, ch. 140, §§ 1-3
- 2015, ch. 69, § 2.
§ 39-17-713. Storage of liquor for sale. - (a) It is unlawful for any person, unless authorized by law to do so, to have or keep in stock, in any warehouse or place of business or other place, any intoxicating liquors, including wine, ale or beer, intended for present or future sale as a beverage, either wholesale or retail, and whether intended to be sold for delivery at the place of sale or to be shipped or otherwise transported for delivery at another place.
- (b) A violation of this section is a Class A misdemeanor.
§ 39-17-714. Disposal of alcoholic beverages. - Upon the conviction of any person for a violation of § 39-17-713, the sheriff or other officer shall be directed as a part of the judgment of the court to destroy or otherwise dispose of all alcoholic beverages according to law.
Part 9 Obscenity § 39-17-901. Part definitions. - The following definitions apply in this part, unless the context requires otherwise:
- (1) “Actual or constructive knowledge” means that a person is deemed to have constructive knowledge of the contents of material who has knowledge of facts that would put a reasonable and prudent person on notice as to the suspect nature of the material;
- (2) “Community” means the judicial district, as defined in § 16-2-506, in which a violation is alleged to have occurred;
- (3) “Distribute” means to transfer possession of, whether with or without consideration;
- (4) “Excess violence” means the depiction of acts of violence in such a graphic or bloody manner as to exceed common limits of custom and candor, or in such a manner that it is apparent that the predominant appeal of the material is portrayal of violence for violence's sake;
- (5) “Final judgment” or “conviction” means all direct appeals have been exhausted including an application for appeal or for certiorari to the Tennessee or United States supreme court;
- (6) “Harmful to minors” means that quality of any description or representation, in whatever form, of nudity, sexual excitement, sexual conduct, excess violence or sadomasochistic abuse when the matter or performance:
- (A) Would be found by the average person applying contemporary community standards to appeal predominantly to the prurient, shameful or morbid interests of minors;
- (B) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and
- (C) Taken as whole lacks serious literary, artistic, political or scientific values for minors;
- (7) “Matter” means any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture film, videocassette or other pictorial representation, or any statue, figure, device, theatrical production or electrical reproduction, or any other article, equipment, machine or material that is obscene as defined by this part;
- (8) “Minor” means any person who has not reached eighteen (18) years of age and is not emancipated;
- (9) “Nudity” means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering or the showing of the female breast with less than a fully opaque covering of any portion below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state;
- (10) “Obscene” means:
- (A) The average person applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest;
- (B) The average person applying contemporary community standards would find that the work depicts or describes, in a patently offensive way, sexual conduct; and
- (C) The work, taken as a whole, lacks serious literary, artistic, political, or scientific value;
- (11) “Patently offensive” means that which goes substantially beyond customary limits of candor in describing or representing such matters;
- (12) “Prurient interest” means a shameful or morbid interest in sex;
- (13) “Sadomasochistic abuse” means flagellation or torture or physical restraint by or upon a person for the purpose of sexual gratification of either person;
- (14) “Sexual conduct” means:
- (A) Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated. A sexual act is simulated when it depicts explicit sexual activity that gives the appearance of ultimate sexual acts, anal, oral or genital. “Ultimate sexual acts” means sexual intercourse, anal or otherwise, fellatio, cunnilingus or sodomy; or
- (B) Patently offensive representations or descriptions of masturbation, excretory functions, and lewd exhibition of the genitals; and
- (15) “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
History (2)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1092, §§ 1-3.
§ 39-17-902. Producing, importing, preparing, distributing, processing or appearing in obscene material or exhibition — Distribution to or employment of minors. - (a)
- (1) It is unlawful to knowingly produce, send or cause to be sent, or bring or cause to be brought, into this state for sale, distribution, exhibition or display, or in this state to prepare for distribution, publish, print, exhibit, distribute, or offer to distribute, or to possess with intent to distribute or to exhibit or offer to distribute any obscene matter, or to do any of the aforementioned with any matter found legally obscene that violates the requirements of 18 U.S.C. § 2257. It is unlawful to direct, present or produce any obscene theatrical production, peep show or live performance, and every person who participates in that part of the production which renders the production or performance obscene is guilty of the offense.
- (2) It is unlawful for a book publisher, distributor, or seller to knowingly sell or distribute obscene matter to a public school serving any of the grades kindergarten through twelve (K-12).
- (b) It is unlawful for any person to hire, employ or use a minor to do or assist in doing any of the acts described in subsection (a) with knowledge that the person is a minor under eighteen (18) years of age, or while in possession of the facts that the person should reasonably know that the person is a minor under eighteen (18) years of age. However, this section shall not apply to those acts that are prohibited by §§ 39-17-1003 — 39-17-1005.
- (c)
- (1) A violation of subdivision (a)(1) is a Class A misdemeanor, and, in addition, any corporation or business entity that violates this section shall be fined an amount not less than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000).
- (2) A second or subsequent violation of subdivision (a)(1) is a Class E felony; provided, that the second or subsequent violation occurs after a conviction has been obtained for the previous violation; provided further, that the range of fines authorized for a first violation by a corporation or business entity shall also be applicable for second or subsequent violations by the corporation or entity.
- (3) A violation of subdivision (a)(2) is a Class E felony, and, in addition, a violator shall be fined an amount not less than ten thousand dollars ($10,000) nor more than one hundred thousand dollars ($100,000).
- (d) A violation of subsection (b) is a Class E felony, and, in addition, a violator shall be fined an amount not less than ten thousand dollars ($10,000) nor more than one hundred thousand dollars ($100,000).
- (e)
- (1) It is an exception to this section that the obscene material is possessed by a person having scientific, educational, governmental or other similar justification.
- (2) The educational justification exception established in subdivision (e)(1) does not apply if the obscene material is possessed by a person with the intent to send, sell, distribute, exhibit, or display the material to a minor.
History (6)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1092, § 4
- 1991, ch. 469, § 1
- 1996, ch. 1070, § 1
- 2022, ch. 1002, § 1
- 2023, ch. 278, §§ 1-3.
§ 39-17-903. Seizure of obscene materials — Warrant — Disposition of seized materials. - (a) Upon a showing of probable cause that the obscenity laws of this state are being violated, any judge or magistrate shall be empowered to issue a search warrant in accordance with the general law pertaining to searches and seizures in this state. The warrant shall authorize or designate a law enforcement officer to enter upon the premises where alleged violations of the obscenity laws are being carried on and take into custody one (1) example of each piece of matter which is obscene. Return on the search shall be in the manner prescribed generally for searches and seizures in this state, except that matter that is seized shall be retained by the district attorney general to be used as evidence in any legal proceeding in which the matter is in issue or involved.
- (b) When a search and seizure takes place in accordance with this section, any person aggrieved by the search and seizure, or claiming ownership of the matter seized, may file a motion in writing with the court of record in the jurisdiction in which the search and seizure took place, contesting the legality of the search and seizure or the fact of the obscenity of the matter seized. The court shall set a hearing within one (1) day after the request therefor, or at such time as the requesting party might agree. In the event the court finds that the search and seizure was illegal or if the court or any other court of competent jurisdiction shall determine that the matter is not obscene, the matter shall be forthwith returned to the person and to the place from which it was taken.
§ 39-17-904. Destruction of material upon conviction. - Upon the conviction of the accused, the court may, when the conviction becomes final, order any matter of advertisement, in respect whereof the accused stands convicted, and that remains in the possession or under the control of the district attorney general or any law enforcement agency to be destroyed, and the court may cause to be destroyed any such material in its possession or under its control.
§ 39-17-905. Temporary restraining orders and injunctions — Trial — Judgment — Review. - (a) The circuit, chancery, or criminal courts of this state and the chancellors and judges of those courts shall have full power, authority, and jurisdiction, upon application by sworn detailed petition filed by the district attorney general within their respective jurisdictions, to issue any and all proper temporary restraining orders, temporary and permanent injunctions, and any other writs and processes appropriate to carry out and enforce §§ 39-17-901 — 39-17-908. However, this section shall not be construed to authorize the issue of ex parte temporary injunctions preventing further regularly scheduled exhibition of motion picture films by commercial theaters, such injunction to issue only upon at least one (1) day's notice, but the court may immediately forbid the removing, destroying, deleting, splicing, amending or otherwise altering the matter alleged to be obscene.
- (b) The person to be enjoined shall be entitled to trial of the issues within two (2) days after joinder of issue, and a decision shall be rendered by the court within two (2) days of the conclusion of the trial. In order to facilitate the introduction of evidence at any hearing as provided in this section, the court is empowered to order defendants named in any proceeding set out in this section to produce one (1) copy of the matter alleged to be obscene, along with necessary viewing equipment, in open court at the time of the hearing or at any other time agreed upon by the parties and the court. In proceedings under this section, there shall be no right to trial by jury. If the defendant in any suit for injunction filed under the terms of this section shall fail to answer or otherwise join issue within twenty (20) days after the filing of a petition for injunction, the court, on motion of the district attorney general, shall enter a general denial for the defendant, and set a date for hearing on the questions raised in the petition for injunction within ten (10) days following the entry of the denial entered by the court, and the court shall render its decision within two (2) days after the conclusion of that hearing.
- (c) In the event that a final order or judgment of injunction is entered against the person sought to be enjoined, the final order or judgment shall contain a provision directing the person to surrender to the clerk of the court of the county in which the proceedings were brought any of the obscene matter in the person's possession, and the clerk shall be directed to hold the matter in the clerk's possession to be used as evidence in any criminal proceedings in which the matter is in issue, but if no indictment is returned concerning the matter within six (6) months of the entry of final order, the clerk shall destroy the matter.
- (d) Any party, including the district attorney general, shall be entitled to an appeal from an adverse decision of the court. The granting of an appeal shall have the effect of staying or suspending any order to destroy but not an order to seize the matter, nor shall the granting of an appeal suspend any permanent injunction granted by the trial court.
§ 39-17-906. Remedies supplementary. - (a) The remedies and procedures set out in §§ 39-17-901 — 39-17-908 are supplementary to each other and no remedy shall be construed as excluding or prohibiting the use of any other remedy.
- (b) Except as expressly provided in this part, §§ 39-17-901 — 39-17-908 shall not be construed as repealing any provisions of any other statute, but shall be supplementary thereto and cumulative thereto.
§ 39-17-907. Restrictions on showings. - (a) It is unlawful for any person to exhibit for public consumption, whether or not the exhibition is for compensation, any motion picture, film, movie, or videotape that depicts sexual conduct as defined in § 39-17-901, unless the exhibition is within a theater auditorium or other enclosed area that effectively removes the exhibition from the view of members of the public who are not voluntarily engaged in viewing the motion picture, film, movie, or videotape.
- (b) No minor under eighteen (18) years of age may be admitted to a movie theatre if the movie has been found to be “harmful to minors” pursuant to § 39-17-901. It is a deceptive practice under title 47, chapter 18, part 1, to advertise or promote a motion picture as having a rating other than the rating that has been assigned to it.
- (c) A violation of this section is a Class A misdemeanor.
History (2)
- Acts 1989, ch. 591, § 1
- 2013, ch. 459, § 1.
§ 39-17-908. Enforcement — Initiation of criminal actions — Civil proceedings. - (a) Criminal action shall commence only on criminal indictment or the issuance of a warrant by a judge of any court of record; provided, that the commencement of any criminal action shall be made only with the prior knowledge and written approval of the district attorney general or any assistant district attorney general.
- (b) Sections 39-17-901 — 39-17-908 may be enforced by either criminal actions or by actions for injunctive relief, or both, and the actions may be commenced simultaneously and proceed independently of each other.
§ 39-17-909. Offense of providing location for minors to engage in public indecency. - (a) It is an offense for a person eighteen (18) years of age or older to knowingly promote or organize a gathering of two (2) or more minors in a public place, as defined in § 39-13-511, with the intent to provide a location for said minors to engage in public indecency as defined in § 39-13-511.
- (b) A violation of subsection (a) is a Class A misdemeanor.
- (c) Any personal property used in the commission of a violation of this section is, upon conviction, subject to judicial forfeiture as provided in title 39, chapter 11, part 7.
- (d) Nothing in this section shall deprive a court of any authority to suspend or cancel a license, declare the establishment a nuisance or impose costs and other monetary obligations if specifically authorized by law.
- (e) For purposes of this section “public area on the property of that business or retail establishment” means a public place as defined in § 39-13-511.
History (1)
- Acts 2012, ch. 1091, § 1.
§ 39-17-910. Unlawful possession, sale, distribution, or transportation of child-like sex doll. - (a) It is an offense for a person to knowingly possess a child-like sex doll.
- (b) It is an offense for a person to knowingly sell or distribute a child-like sex doll.
- (c) It is an offense for a person to knowingly transport a child-like sex doll into this state or within this state with the intent to sell or distribute the child-like sex doll.
- (d) As used in this section, “child-like sex doll” means an obscene anatomically correct doll, mannequin, or robot that is intended for sexual stimulation or gratification and that has the features of, or has features that resemble those of, a minor.
- (e) A violation of subsection (a) is a Class A misdemeanor.
- (f) A violation of subsection (b) or (c) is a Class E felony, and in addition, notwithstanding § 40-35-111, a violator shall be fined an amount not less than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000). Any fine must be paid to the clerk of the court imposing the sentence, who shall transfer it to the state treasurer, who shall credit the fine to the general fund. All fines so credited to the general fund pursuant to this subsection (f) are subject to appropriation by the general assembly for the exclusive purposes of funding child advocacy centers, court-appointed special advocates, and sexual assault centers.
§ 39-17-911. Sale, loan or exhibition of material to minors. - (a) It is unlawful for any person to knowingly sell or loan for monetary consideration or otherwise exhibit or make available to a minor:
- (1) Any picture, photograph, drawing, sculpture, motion picture film, video game, computer software game, or similar visual representation or image of a person or portion of the human body, that depicts nudity, sexual conduct, excess violence, or sado-masochistic abuse, and that is harmful to minors; or
- (2) Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording, which contains any matter enumerated in subdivision (a)(1), or that contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, excess violence, or sado-masochistic abuse, and that is harmful to minors.
- (b) It is unlawful for any person to knowingly exhibit to a minor for monetary consideration, or to knowingly sell to a minor an admission ticket or pass or otherwise admit a minor to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct, excess violence, or sado-masochistic abuse, and which is harmful to minors.
- (c) A violation of this section is a Class A misdemeanor.
- (d) It is an affirmative defense to prosecution under this section that the minor to whom the material or show was made available or exhibited was, at the time, accompanied by the person's parent or legal guardian, or by an adult with the written permission of the parent or legal guardian.
History (2)
- Acts 1989, ch. 591, § 1
- 2000, ch. 763, § 1.
§ 39-17-912. Protect Tennessee Minors Act. [Effective on January 1, 2025.] - (a) This section is known and may be cited as the “Protect Tennessee Minors Act.”
- (b) As used in this section:
- (1) “Active user” means the viewer of a website;
- (2) “Age-verified session” refers to the lesser of the session during which the active user's age was verified using a reasonable age-verification method or sixty (60) minutes from the time the active user's age was verified using a reasonable age-verification method;
- (3) “Anonymized age-verification data” refers to data sufficient to prove a reasonable age-verification method was used to verify the age of the active user as eighteen (18) or more years of age and dissociated with any personally identifying information. At a minimum, anonymized age-verification data must include architectural diagrams illustrating the technological assets and logical processes by which the reasonable age-verification method is accomplished and data demonstrating a volume of reasonable age-verification method executions consistent with the overall volume of visits to the website;
- (4) “Commercial entity” means a corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legally recognized entity;
- (5) “Content harmful to minors” means:
- (A)
- (i) Text, audio, imagery, or video the average person, applying contemporary community standards and taking the material as a whole and with respect to minors of any age, would find sexually explicit and harmful or inappropriate for minors or designed to appeal to or pander to the prurient interest; or
- (ii) Text, audio, imagery, or video that exploits, is devoted to, or principally consists of an actual, simulated, or animated display or depiction of any of the following:
- (a) Pubic hair, vulva, vagina, penis, testicles, anus, or nipple of a human body;
- (b) Pubic hair, vulva, vagina, penis, testicles, anus, or nipple of a fictitious character's body, or the parts of a fictitious character's body analogous or functionally equivalent to the aforementioned parts of the human body;
- (c) Touching, caressing, fondling, or other sexual stimulation of human nipples, breasts, buttocks, anuses, or genitals, or the analogous or functionally equivalent parts of a fictitious character's body; or
- (d) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions, or any other sexual act; and
- (B) When taken as a whole, lacks serious literary, artistic, political, or scientific value for minors;
- (6) “Distribute” means to issue, sell, give, provide, deliver, transfer, transmute, circulate, disseminate, or by any other means make available on the internet;
- (7) “Internet” means the global information system that is logically linked together by a globally unique address space based on the Internet Protocol (IP), or its subsequent extension, and is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high level services layered on communications and related infrastructure;
- (8) “Minor” means a person under eighteen (18) years of age;
- (9) “News-gathering organization” means any of the following:
- (A) An employee of a newspaper, news publication, or other source of current news of general, public interest, while operating as an employee as provided in this subdivision (b)(9)(A), who can provide documentation of such employment with the newspaper, news publication, or news source; or
- (B) An employee of a radio broadcast station, television broadcast station, cable television operator, or wire service while operating as an employee as provided in this subdivision (b)(9)(B), who can provide documentation of such employment;
- (10) “Publish” means to communicate or make available to another person or entity content on a website;
- (11) “Reasonable age-verification method” includes the following means of establishing the age of the person attempting to view content harmful to minors, implemented in a manner not easily bypassed or circumvented:
- (A) The matching of a photograph of the active user taken between the attempt to view content harmful to minors and the viewing of content harmful to minors, using the device by which the attempt to view content harmful to minors is being made, to the photograph on a valid form of identification issued by a state of the United States of America; or
- (B) A commercially reasonable method relying on public or private transactional data to verify that the age of the person attempting to access the information is at least eighteen (18) years of age or older;
- (12) “Session” refers to the length of time the active user spends on a website as manifested by the session;
- (13) “Substantial portion” means thirty-three and one-third percent (33⅓%) or more of the total amount of data available on a website;
- (14) “Transactional data”:
- (A) Means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party used for the purpose of satisfying a request or event; and
- (B) Includes records from a mortgage, education, or employment entity;
- (15) “Website” means content or material accessible to the public via the internet, inclusive of the infrastructure, code, and other technological assets particular to the functioning of the website; and
- (16) “Website owner” means an individual or commercial entity that owns, operates, or manages a website.
- (c) An individual or commercial entity that publishes or distributes in this state a website that contains a substantial portion of content harmful to minors is liable if the individual or commercial entity does not:
- (1) Verify, using a reasonable age-verification method, the age of each active user attempting to access its website; or
- (2) Verify, using a reasonable age-verification method, the age of an active user attempting to access its website again after completion of an age-verified session.
- (d) A website owner, commercial entity, or third party that executes a required age-verification method shall:
- (1) Retain at least seven (7) years of historical anonymized age-verification data; and
- (2) Not retain any personally identifying information of the active user after access to the content harmful to minors has been granted.
- (e)
- (1) An individual or commercial entity that is found to have violated subsection (c) is liable to an individual for damages resulting from a minor's accessing the content harmful to minors, including court costs and reasonable attorney fees as ordered by the court.
- (2) An individual or commercial entity that is found to have knowingly retained personally identifying information of an active user after access has been granted to the active user is liable to the active user for damages resulting from retention of the identifying information, including court costs and reasonable attorney fees as ordered by the court.
- (f) This section does not apply to a bona fide news or public interest broadcast, website video, report, or event and does not affect the rights of any news-gathering organizations.
- (g) An internet service provider, or its affiliates or subsidiaries, search engine, or cloud service provider does not violate this section solely for providing access or connection to or from a website or other information or content on the internet or a facility, system, or network not under that provider's control, including transmission, downloading, intermediate storage, or access software, to the extent such provider is not responsible for the creation of the content of the communication that constitutes content harmful to minors.
- (h) It is not a violation of this section to distribute, sell, display, or expose material, the distribution, sale, display, or exposure of which is otherwise permitted by law.
- (i) A violation of subsection (c) or (d) is a Class C felony.
- (j) The attorney general and reporter may bring any appropriate action or proceeding in a court of competent jurisdiction against a commercial entity that fails to comply with this section.
- (k) All laws in conflict with this section are repealed to the extent of such conflict.
History (1)
- Acts 2024, ch. 1021, § 1.
§ 39-17-914. Display for sale or rental of material harmful to minors. - (a) It is unlawful for a person to display for sale or rental a visual depiction, including a videocassette tape or film, video game, computer software game, or a written representation, including a book, magazine or pamphlet, that contains material harmful to minors anywhere minors are lawfully admitted.
- (b) The state has the burden of proving that the material is displayed. Material is not considered displayed under this section if:
- (1) The material is:
- (A) Placed in “binder racks” that cover the lower two thirds (⅔) of the material and the viewable one third (⅓) is not harmful to minors;
- (B) Located at a height of not less than five and one-half feet (5½′) from the floor; and
- (C) Reasonable steps are taken to prevent minors from perusing the material;
- (2) The material is sealed, and, if it contains material on its cover that is harmful to minors, it must also be opaquely wrapped;
- (3) The material is placed out of sight underneath the counter; or
- (4) The material is located so that the material is not open to view by minors and is located in an area restricted to adults;
- (5) Unless its cover contains material which is harmful to minors, a video cassette tape or film is not considered displayed if it is in a form that cannot be viewed without electrical or mechanical equipment and the equipment is not being used to produce a visual depiction; or
- (6) In a situation if the minor is accompanied by the minor's parent or guardian, unless the area is restricted to adults as provided for in subdivision (b)(4).
- (c) A violation of this section is a Class C misdemeanor for each day the person is in violation of this section.
History (3)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1092, § 5
- 2000, ch. 763, § 2.
§ 39-17-918. Massage or exposure of erogenous areas. - (a) As used in this section, unless the context otherwise requires:
- (1) “Compensation” means payment, loan, advance, contribution, deposit, or gift of money or anything of value;
- (2) “Erogenous area” means the pubic area, penis, scrotum, vulva, vagina, perineum, anus or breast;
- (3) “Massage” means the art of body massage, by hand or with a mechanical or vibratory device, for the purpose of massaging, reducing, or contouring the body, and may include the use of oil rubs, heat lamps, hot and cold packs, tub, shower or cabinet baths. The procedures involved include, but are not limited to, touching, stroking, kneading, friction, vibration, percussion and medical gymnastics; and
- (4) “Masseur” or “masseuse” means a person engaged in the activities set forth in subdivision (a)(3).
- (b) It is unlawful for a masseur or masseuse to expose the masseur's or masseuse's erogenous area for compensation or to touch with any part of the masseur's or masseuse's body, or fondle in any manner or massage an erogenous area for compensation. This section shall not apply to any person authorized by the laws of this state to practice any branch of medicine, surgery, osteopathy, chiropractic or chiropody, any person holding a drugless practitioner's certificate or any person licensed as a physical therapist, while such person is acting within the scope of the license.
- (c) A violation of this section is a Class A misdemeanor.
§ 39-17-919. Injunctions. - (a) If the district attorney general is of the opinion that § 39-17-911 or § 39-17-914 is being violated, the district attorney general may file a petition in a circuit, chancery or criminal court of that district relating the opinion, and request the court to issue a temporary restraining order or a temporary injunction enjoining the person named in the petition from removing the material in question from the jurisdiction of the court pending an adversary hearing on the petition.
- (b) If a temporary restraining order or, after notice, a temporary injunction is so issued, the person enjoined shall answer within the time set by the court, which time shall be set by the court at not more than sixty (60) days.
- (c) The adversary hearing on the petition shall be held within two (2) days after the joinder of issues.
- (d) At the conclusion of the hearing, or within two (2) days thereafter, the court will determine whether or not the material in question is in violation of § 39-17-911 or § 39-17-914.
- (e)
- (1) On a finding of a violation, the court shall grant a temporary injunction or continue its injunction in full force and effect for a period not to exceed forty-five (45) days or until an indictment on the matter has been submitted to the grand jury.
- (2) If forty-five (45) days elapse and the grand jury has taken no action, the injunction terminates.
- (3) The injunction also terminates on the grand jury returning a no true bill.
- (f) On the return of a true bill of indictment, the court shall order the material in question delivered into the hands of the court clerk or district attorney general, there to be held as evidence in the case.
History (1)
- Acts 1990, ch. 1092, § 10.
§ 39-17-920. Issuance of process. - No process, except as otherwise provided, shall be issued for the violation of § 39-17-911 or § 39-17-914, unless it is issued upon the application of the district attorney general of the district.
History (1)
- Acts 1990, ch. 1092, § 10.
Part 10 Sexual Exploitation of Children § 39-17-1001. Short title. - This part shall be known and may be cited as the “Tennessee Protection of Children Against Sexual Exploitation Act of 1990.”
History (1)
- Acts 1990, ch. 1092, § 7.
§ 39-17-1002. Part definitions. - The following definitions apply in this part, unless the context otherwise requires:
- (1) “Artificial intelligence”:
- (A) Means a machine-based system that:
- (i) Can, for a given set of human-defined objectives, make predictions, recommendations, or decisions; influence real and virtual environments without significant human oversight; or that can learn from experience in an automated manner and improve such performance when exposed to data sets; or
- (ii) Is developed in any context, including software or physical hardware, and solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; and
- (B) Includes generative artificial intelligence;
- (2) “Community” means the judicial district, as defined by § 16-2-506, in which a violation is alleged to have occurred;
- (3) “Generative artificial intelligence” means an artificial intelligence system that is capable of creating new content or data, including text, images, audio, or video, when prompted by an individual;
- (4) “Material” means:
- (A) Any picture, drawing, photograph, undeveloped film or film negative, motion picture film, videocassette tape or other pictorial representation;
- (B) Any statue, figure, theatrical production or electrical reproduction;
- (C) Any image stored on a computer hard drive, a computer disk of any type, or any other medium designed to store information for later retrieval;
- (D) Any image transmitted to a computer or other electronic media or video screen, by telephone line, cable, satellite transmission, or other method that is capable of further transmission, manipulation, storage or accessing, even if not stored or saved at the time of transmission; or
- (E) Any computer image, or computer-generated image, including an image created, adapted, or modified by artificial intelligence, whether made or produced by electronic, mechanical, or other means;
- (5) “Minor” means any person who has not reached eighteen (18) years of age;
- (6) “Patently offensive” means that which goes substantially beyond customary limits of candor in describing or representing such matters;
- (7) “Performance” means any play, motion picture, photograph, dance, or other visual representation that can be exhibited before an audience of one (1) or more persons;
- (8) “Promote” means to finance, produce, direct, manufacture, issue, publish, exhibit or advertise, or to offer or agree to do those things;
- (9) “Prurient interest” means a shameful or morbid interest in sex; and
- (10) “Sexual activity” means any of the following acts:
- (A) Vaginal, anal or oral intercourse, whether done with another person or an animal;
- (B) Masturbation, whether done alone or with another human or an animal;
- (C) Patently offensive, as determined by contemporary community standards, physical contact with or touching of a person's clothed or unclothed genitals, pubic area, buttocks or breasts in an act of apparent sexual stimulation or sexual abuse;
- (D) Sadomasochistic abuse, including flagellation, torture, physical restraint, domination or subordination by or upon a person for the purpose of sexual gratification of any person;
- (E) The insertion of any part of a person's body or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure by a licensed professional;
- (F) Patently offensive, as determined by contemporary community standards, conduct, representations, depictions or descriptions of excretory functions; or
- (G) Exhibition of the breast, genitals, buttocks, anus, or pubic or rectal area of any minor that can be reasonably construed as being for the purpose of the sexual arousal or gratification of the defendant or another.
History (8)
- Acts 1990, ch. 1092, § 7
- 1995, ch. 216, § 1
- 1999, ch. 343, §§ 1-4
- 2001, ch. 147, § 1
- 2005, ch. 496, § 1
- 2017, ch. 249, § 1
- 2021, ch. 371, § 1
- 2024, ch. 911, §§ 1, 2.
§ 39-17-1003. Offense of sexual exploitation of a minor. - (a) It is unlawful for any person to knowingly possess material that includes a minor engaged in:
- (1) Sexual activity; or
- (2) Simulated sexual activity that is patently offensive.
- (b) A person possessing material that violates subsection (a) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials possessed is greater than fifty (50), the person may be charged in a single count to enhance the class of offense under subsection (d).
- (c) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly possessed the material, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.
- (d) A violation of this section is a Class D felony; however, if the number of individual images, materials, or combination of images and materials, that are possessed is more than fifty (50), then the offense shall be a Class C felony. If the number of individual images, materials, or combination of images and materials, exceeds one hundred (100), the offense shall be a Class B felony.
- (e) In a prosecution under this section, the state is not required to prove the actual identity or age of the minor.
- (f) It shall not be a defense to a violation of this section that a minor victim of the offense consented to the conduct that constituted the offense.
History (3)
- Acts 1990, ch. 1092, § 7
- 2005, ch. 496, § 2
- 2013, ch. 350, § 2.
§ 39-17-1004. Offense of aggravated sexual exploitation of a minor. - (a)
- (1) It is unlawful for a person to knowingly promote, sell, distribute, transport, purchase or exchange material, or possess with the intent to promote, sell, distribute, transport, purchase or exchange material, that includes a minor engaged in:
- (A) Sexual activity; or
- (B) Simulated sexual activity that is patently offensive.
- (2) A person who violates subdivision (a)(1) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials involved in a violation under subdivision (a)(1) is greater than twenty-five (25), the person may be charged in a single count to enhance the class of offense under subdivision (a)(4).
- (3) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, sold, distributed, transported, purchased, exchanged or possessed the material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.
- (4) A violation of this section is a Class C felony; however, if the number of individual images, materials, or combination of images and materials that are promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to promote, sell, distribute, transport, purchase or exchange, is more than twenty-five (25), then the offense shall be a Class B felony.
- (b)
- (1) It is unlawful for a person to knowingly promote, sell, distribute, transport, purchase or exchange material that is obscene, as defined in § 39-17-901, or possess material that is obscene, with the intent to promote, sell, distribute, transport, purchase or exchange the material, which includes a minor engaged in:
- (A) Sexual activity; or
- (B) Simulated sexual activity that is patently offensive.
- (2) A person who violates subdivision (b)(1) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials involved in a violation under subdivision (b)(1) is greater than twenty-five (25), the person may be charged in a single count to enhance the class of offense under subdivision (b)(4).
- (3) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, sold, distributed, transported, purchased, exchanged or possessed the material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.
- (4) A violation of this section is a Class C felony; however, if the number of individual images, materials, or combination of images and materials, that are promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to promote, sell, distribute, transport, purchase or exchange, is more than twenty-five (25), then the offense shall be a Class B felony.
- (c) In a prosecution under this section, the state is not required to prove the actual identity or age of the minor.
- (d) A person is subject to prosecution in this state under this section for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where the person promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to promote, sell, distribute, transport, purchase or exchange material within this state.
- (e) It shall not be a defense to a violation of subsection (a) that the minor victim of the offense consented to the conduct that constituted the offense.
History (3)
- Acts 1990, ch. 1092, § 7
- 2005, ch. 496, § 3
- 2013, ch. 350, § 3.
§ 39-17-1005. Offense of especially aggravated sexual exploitation of a minor. - (a) It is unlawful for a person to knowingly promote, employ, use, assist, transport or permit a minor to participate in the performance of, or in the production of, acts or material that includes the minor engaging in:
- (1) Sexual activity; or
- (2) Simulated sexual activity that is patently offensive.
- (b) A person violating subsection (a) may be charged in a separate count for each individual performance, image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation.
- (c) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, employed, used, assisted, transported or permitted a minor to participate in the performance of or in the production of acts or material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.
- (d) A violation of this section is a Class B felony. Nothing in this section shall be construed as limiting prosecution for any other sexual offense under this chapter, nor shall a joint conviction under this section and any other related sexual offense, even if arising out of the same conduct, be construed as limiting any applicable punishment, including consecutive sentencing under § 40-35-115, or the enhancement of sentence under § 40-35-114.
- (e) In a prosecution under this section, the state is not required to prove the actual identity or age of the minor.
- (f) A person is subject to prosecution in this state under this section for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where the person promoted, employed, assisted, transported or permitted a minor to engage in the performance of, or production of, acts or material within this state.
- (g) It shall not be a defense to a violation of subsection (a) that the minor victim of the offense consented to the conduct that constituted the offense.
History (3)
- Acts 1990, ch. 1092, § 7
- 2005, ch. 496, § 4
- 2013, ch. 350, § 4.
§ 39-17-1006. Injunctions. - If the district attorney general is of the opinion that §§ 39-17-1001—39-17-1005 are being violated, the district attorney general may file a petition in a circuit, chancery or criminal court of that district relating the opinion, and request the court to issue a temporary restraining order or a temporary injunction enjoining the person named in the petition from removing the material in question from the jurisdiction of the court pending an adversary hearing on the petition. If a temporary restraining order or, after notice, a temporary injunction is so issued, the person enjoined shall answer within the time set by the court, which time shall be set by the court at not more than sixty (60) days. The adversary hearing on the petition shall be held within two (2) days after the joinder of issues. At the conclusion of the hearing, or within two (2) days thereafter, the court will determine whether or not the material in question is in violation of §§ 39-17-1001 — 39-17-1005. On a finding of a violation, the court shall grant a temporary injunction or continue its injunction in full force and effect for a period not to exceed forty-five (45) days or until an indictment on the matter has been submitted to the grand jury. If forty-five (45) days elapse and the grand jury has taken no action, the injunction terminates. The injunction also terminates on the grand jury returning a no true bill. On the return of a true bill of indictment, the court shall order the material in question delivered into the hands of the court clerk or district attorney general, there to be held as evidence in the case.
History (1)
- Acts 1990, ch. 1092, § 7.
§ 39-17-1008. Forfeiture of any conveyance or real or personal property used in commission of an offense under this part. - (a) Any conveyance or real or personal property used in the commission of an offense under this part is subject to forfeiture under title 40, chapter 33, part 2.
- (b) Notwithstanding § 40-33-211, the proceeds from all forfeitures made pursuant to this section shall be transmitted to the general fund, where there is established a general fund reserve to be allocated through the general appropriations act, which shall be known as the child abuse fund. Moneys from the fund shall be expended to fund activities authorized by the child abuse fund as set out in § 39-13-530. Any revenues deposited in this reserve shall remain in the reserve until expended for purposes consistent with this section, and shall not revert to the general fund at the end of the fiscal year. Any excess revenues or interest earned by the revenues shall not revert at the end of the fiscal year, but shall remain available for appropriation in subsequent fiscal years. Any appropriation from the reserve shall not revert to the general fund at the end of the fiscal year, but shall remain available for expenditure in subsequent fiscal years.
Part 11 Public Events § 39-17-1101. Prize fighting, sparring and other brutal sports unlawful — Exception. - (a) It is an offense for any person or persons to engage in what is known as prize fighting or boxing with or without gloves, or in other brutal sport or exhibition, whereby bruising, maiming, or other serious bodily injury may result to the boxers or participants unless regulated pursuant to title 68, chapter 115.
- (b) This section shall not be construed to apply to football, baseball, basketball, hockey, soccer, lacrosse or similar activities, nor to any professional contest of unarmed combat regulated pursuant to title 68, chapter 115.
- (c) Nothing in this section shall be construed to prohibit or declare unlawful any activity authorized by other provisions of this code when carried out in accordance with the other provisions, or to render any participants of the same liable to the penalties of subsection (d).
- (d) All persons engaging in the sports or contests designated in this section either as principals, aids, seconds, or backers, commit a Class C misdemeanor.
History (3)
- Acts 1989, ch. 591, § 1
- 2008, ch. 1149, § 1
- T.C.A. § 39-17-1102.
§ 39-17-1102. Definitions for sports bribery. - As used in § 39-17-1103, unless the context otherwise requires:
- (1) “Sports contest” means any professional or amateur sport, athletic game, contest, or race involving machines, persons or animals, viewed by the public, or for which admission is charged;
- (2) “Sports official” means any person who acts or expects to act in a sports contest as an umpire, referee or judge, or otherwise to officiate at a sports contest; and
- (3) “Sports participant” means any person who participates or expects to participate in a sports contest as a player, contestant or member of a team, or as a coach, manager, trainer or other person directly associated with a player, contest or team.
History (2)
- Acts 1989, ch. 591, § 1
- T.C.A. § 39-17-1103.
§ 39-17-1103. Sports bribery. - (a) A person commits the crime of sports bribery who:
- (1) Confers, or offers or agrees to confer, any benefit upon a sports participant with intent to influence the participant not to give the participant's best efforts in a sports contest;
- (2) Confers, or offers or agrees to confer any benefit upon a sports official in return for an agreement from the official to perform the official's duties improperly;
- (3) Being a sports participant, solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the participant will thereby be influenced not to give the participant's best efforts in a sports contest; or
- (4) Being a sports official, solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that the official will perform the official's duties improperly.
- (b) Sports bribery is a Class A misdemeanor.
History (2)
- Acts 1989, ch. 591, § 1
- T.C.A. § 39-17-1104.
§ 39-17-1104. Interference with operations of ticket seller. - (a) As used in this section, unless the context otherwise requires, “ticket seller” means a person who has executed a written agreement with the management of any venue for a sporting event, theater, musical performance, or public entertainment or amusement of any kind, to sell tickets to such an event over the internet.
- (b) It is an offense for any person to knowingly sell, give, transfer, use, distribute or possess with the intent to sell, give or distribute software that is primarily designed or produced for the purpose of interfering with the operations of any ticket seller that sells, over the internet, tickets of admission to a sporting event, theater, musical performance, or place of public entertainment or amusement of any kind by circumventing any security measures on the ticket seller's website, circumventing any access control systems of the ticket seller's website, or circumventing any controls or measures that are instituted by the ticket seller on its website to ensure an equitable ticket buying process.
- (c)
- (1) A violation of this section is a Class B misdemeanor, punishable by fine only of not more than five hundred dollars ($500), or any profits made or tickets acquired in the course of the violation of this section, whichever amount is greater.
- (2) Each acquisition, sale, or offer in violation of this section constitutes a separate offense.
History (2)
- Acts 2008, ch. 731, § 1
- T.C.A. § 39-17-1105.
Part 13 Weapons § 39-17-1301. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Adjudication as a mental defective or adjudicated as a mental defective” means:
- (A) A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease:
- (i) Is a danger to such person or to others; or
- (ii) Lacks the ability to contract or manage such person's own affairs due to mental defect;
- (B) A finding of insanity or that a person is incompetent to stand trial by a court in a criminal proceeding; or
- (C) A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to Article 50a and 76b of the Uniform Code of Military Justice (10 U.S.C. §§ 850a and 876b respectively);
- (2) “Club” means any instrument that is specially designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument;
- (3) “Crime of violence” includes any degree of murder, voluntary manslaughter, aggravated rape, rape, rape of a child, aggravated rape of a child, aggravated sexual battery, especially aggravated robbery, aggravated robbery, burglary, aggravated burglary, especially aggravated burglary, aggravated assault, kidnapping, aggravated kidnapping, especially aggravated kidnapping, carjacking, trafficking for commercial sex act, especially aggravated sexual exploitation, felony child abuse, and aggravated child abuse;
- (4)
- (A) “Explosive weapon” means any explosive, incendiary or poisonous gas:
- (i) Bomb;
- (ii) Grenade;
- (iii) Rocket;
- (iv) Mine; or
- (v) Shell, missile or projectile that is designed, made or adapted for the purpose of inflicting serious bodily injury, death or substantial property damage;
- (B) “Explosive weapon” also means:
- (i) Any breakable container which contains a flammable liquid with a flashpoint of one hundred fifty degrees Fahrenheit (150° F) or less and has a wick or similar device capable of being ignited, other than a device which is commercially manufactured primarily for purposes of illumination; or
- (ii) Any sealed device containing dry ice or other chemically reactive substances for the purposes of causing an explosion by a chemical reaction;
- (5) “Hoax device” means any device that reasonably appears to be or is purported to be an explosive or incendiary device and is intended to cause alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies;
- (6) “Immediate vicinity” refers to the area within the person's immediate control within which the person has ready access to the ammunition;
- (7) “Judicial commitment to a mental institution” means a judicially ordered involuntary admission to a private or state hospital or treatment resource in proceedings conducted pursuant to title 33, chapter 6 or 7;
- (8) “Knife” means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument;
- (9) “Knuckles” means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles;
- (10) “Machine gun” means any firearm that is capable of shooting more than two (2) shots automatically, without manual reloading, by a single function of the trigger;
- (11) “Mental institution” means a mental health facility, mental hospital, sanitarium, psychiatric facility and any other facility that provides diagnoses by a licensed professional of an intellectual disability or mental illness, including, but not limited to, a psychiatric ward in a general hospital;
- (12) “Restricted firearm ammunition” means any cartridge containing a bullet coated with a plastic substance with other than a lead or lead alloy core or a jacketed bullet with other than a lead or lead alloy core or a cartridge of which the bullet itself is wholly composed of a metal or metal alloy other than lead. “Restricted firearm ammunition” does not include shotgun shells or solid plastic bullets;
- (13) “Rifle” means any firearm designed, made or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger;
- (14) “Short barrel” means a barrel length of less than sixteen inches (16″) for a rifle and eighteen inches (18″) for a shotgun, or an overall firearm length of less than twenty-six inches (26″);
- (15) “Shotgun” means any firearm designed, made or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed shotgun shell to fire through a smooth-bore barrel either a number of ball shot or a single projectile by a single function of the trigger;
- (16) “Switchblade knife” means any knife that has a blade which opens automatically by:
- (A) Hand pressure applied to a button or other device in the handle; or
- (B) Operation of gravity or inertia; and
- (17) “Unloaded” means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon.
History (9)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1029, § 1
- 2001, ch. 375, §§ 1, 2
- 2009, ch. 578, § 8
- 2010, ch. 734, § 1
- 2017, ch. 339, § 2
- 2018, ch. 903, § 1
- 2021, ch. 443, § 1
- 2024, ch. 784, § 18.
§ 39-17-1302. Prohibited weapons. - (a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:
- (1) An explosive or an explosive weapon;
- (2) A device principally designed, made or adapted for delivering or shooting an explosive weapon;
- (3) A machine gun;
- (4) [Deleted by 2022 amendment.]
- (5) Hoax device;
- (6) Knuckles; or
- (7) Any other implement for infliction of serious bodily injury or death that has no common lawful purpose.
- (b) It is a defense to prosecution under this section that the person's conduct:
- (1) Was incident to the performance of official duty and pursuant to military regulations in the army, navy, air force, coast guard or marine service of the United States or the Tennessee national guard, or was incident to the performance of official duty in a governmental law enforcement agency or a penal institution;
- (2) Was incident to engaging in a lawful commercial or business transaction with an organization identified in subdivision (b)(1);
- (3) Was incident to using an explosive or an explosive weapon in a manner reasonably related to a lawful industrial or commercial enterprise;
- (4) Was incident to using the weapon in a manner reasonably related to a lawful dramatic performance or scientific research;
- (5) Was incident to displaying the weapon in a public museum or exhibition; or
- (6) Was licensed by the state of Tennessee as a manufacturer, importer or dealer in weapons; provided, that the manufacture, import, purchase, possession, sale or disposition of weapons is authorized and incident to carrying on the business for which licensed and is for scientific or research purposes or sale or disposition to an organization designated in subdivision (b)(1).
- (c) It is an affirmative defense to prosecution under this section that the person must prove by a preponderance of the evidence that:
- (1) The person's conduct was relative to dealing with the weapon solely as a curio, ornament or keepsake, and if the weapon is a type described in subdivisions (a)(1)-(4), that it was in a nonfunctioning condition and could not readily be made operable; or
- (2) The possession was brief and occurred as a consequence of having found the weapon or taken it from an aggressor.
- (d) It is an exception to the application of subsection (a) that the person acquiring or possessing a weapon described in subdivisions (a)(3) or (a)(4) is in full compliance with the requirements of the National Firearms Act (26 U.S.C. §§ 5841-5862).
- (e) Subsection (a) shall not apply to the possession, manufacture, transportation, repair, or sale of an explosive if:
- (1) The person in question is eighteen (18) years of age or older; and
- (2) The possession, manufacture, transport, repair, or sale was incident to creating or using an exploding target for lawful sporting activity, as solely intended by the commercial manufacturer.
- (f)
- (1) An offense under subdivision (a)(1) is a Class B felony.
- (2) An offense under subdivisions (a)(2)-(4) is a Class E felony.
- (3) An offense under subdivision (a)(5) is a Class C felony.
- (4) An offense under subdivisions (a)(6)-(7) is a Class A misdemeanor.
History (10)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1029, §§ 2, 11
- 2001, ch. 375, §§ 3, 4
- 2002, ch. 849, § 5
- 2006, ch. 798, § 1
- 2014, ch. 647, §§ 1, 2
- 2015, ch. 85, §§ 1, 2
- 2015, ch. 397, § 1
- 2017, ch. 339, §§ 3-6
- 2022, ch. 1038, § 1.
§ 39-17-1303. Unlawful sale, loan or gift of firearm. - (a) A person commits an offense who:
- (1) Intentionally, knowingly, or recklessly sells, loans or makes a gift of a firearm to a minor;
- (2) Intentionally, knowingly or recklessly sells a firearm or ammunition for a firearm to a person who is intoxicated; or
- (3) Intentionally, knowingly, recklessly or with criminal negligence violates § 39-17-1316.
- (b) It is a defense to prosecution under subdivision (a)(1) that:
- (1) A firearm was loaned or given to a minor for the purposes of hunting, trapping, fishing, camping, sport shooting or any other lawful sporting activity; and
- (2) The person is not required to obtain a license under § 39-17-1316.
- (c) For purposes of this section, “intoxicated” means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body.
- (d) An offense under this section is a Class A misdemeanor.
History (3)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1029, § 3
- 2014, ch. 647, § 3.
§ 39-17-1304. Restrictions on firearm ammunition. - (a) It is an offense for any person to possess, use or attempt to use restricted firearm ammunition while committing or attempting to commit a crime of violence. A violation of this section constitutes a separate and distinct felony.
- (b) It is an offense for any person or corporation to manufacture, sell, offer for sale, display for sale or use in this state any ammunition cartridge, metallic or otherwise, containing a bullet with a hollow-nose cavity that is filled with an explosive material and designed to detonate upon impact; provided, that this section shall not apply to any state or federal military unit or personnel for use in the performance of its duties.
- (c)
- (1) A violation of subsection (a) by possession of restricted firearm ammunition is a Class E felony.
- (2) A violation of subsection (a) by use or attempted use of restricted firearm ammunition is a Class D felony.
- (3) A violation of subsection (b) is a Class E felony.
§ 39-17-1305. Prohibited firearm registries. - (a) As used in this section, “registry” means a record of the possession or ownership by individuals or non-governmental entities of a firearm or firearm accessory, which includes, but is not limited to, the serial number, make, model, purchase date, or purchase location of the firearm or firearm accessory or the names, social security numbers, or personal addresses of the individuals or non-governmental entities.
- (b) A state or local government entity, official, employee, or agent shall not knowingly create or maintain any firearm registry with the intent to record the possession or ownership of a firearm or firearm accessory by individuals or non-governmental entities.
- (c) A violation of subsection (b) is a Class E felony.
- (d)
- (1) A firearm registry under this section does not include:
- (A) A temporary log or record maintained by a state or private entity for the purpose of temporary storage of firearms;
- (B) A receipt or record generated while the firearm is in possession of a state or private entity pursuant to the normal operations of that entity unless prohibited by state law;
- (C) A record of persons assigned firearms that are purchased, owned, or authorized for carry in the course of employment by a state or local law enforcement agency;
- (D) A record maintained in connection with a criminal, civil, or administrative court case;
- (E) A record created or received by the department of correction for the following purposes:
- (i) Incident reporting or disciplining inmates, relative to the possession or introduction of a contraband firearm into a penal institution; or
- (ii) Incident reporting, issuing parole revocation warrants, or giving notice to the sentencing court relative to the unlawful possession of a weapon by a parolee or a felon probationer; or
- (F) A record created, received, or maintained by the Tennessee peace officer standards and training commission, the Jerry F. Agee Tennessee law enforcement training academy, or a law enforcement agency pursuant to § 39-17-1309(e)(11)(B), § 39-17-1315, § 38-8-116, § 38-8-123, or § 49-6-816(f)(1) and (i).
- (2) Firearm information contained in documents pursuant to subdivision (d)(1) must be redacted by the record holder prior to any release under § 10-7-503.
- (e) A violation of subsection (b) may result in a civil action under § 39-17-1314(g)-(i).
- (f) A violation of subsection (b) by a state or local entity shall result in loss of funding from the state for the following fiscal year and any subsequent fiscal year during which the violation occurs.
§ 39-17-1306. Carrying weapons during judicial proceedings. - (a) No person shall intentionally, knowingly, or recklessly carry on or about the person while inside any building in which judicial proceedings are in progress any weapon prohibited by § 39-17-1302(a), for the purpose of going armed; provided, that if the weapon carried is a firearm, the person is in violation of this section regardless of whether the weapon is carried for the purpose of going armed.
- (b) Any person violating subsection (a) commits a Class E felony.
- (c) Subsection (a) shall not apply to any person who:
- (1) Is in the actual discharge of official duties as a law enforcement officer, or is employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard in the line of duty and pursuant to military regulations, or is in the actual discharge of official duties as a guard employed by a penal institution, or as a bailiff, marshal or other court officer who has responsibility for protecting persons or property or providing security;
- (2) Has been directed by a court to bring the firearm for purposes of providing evidence;
- (3) Is in the actual discharge of official duties as a judge, and:
- (A) Is authorized to carry a handgun pursuant to § 39-17-1351;
- (B) Keeps the handgun concealed at all times when in the discharge of such duties; and
- (C) Is vested with judicial powers under § 16-1-101;
- (4) Is in the actual discharge of official duties as an elected official of any county or municipality, and:
- (A) Is authorized to carry a handgun pursuant to § 39-17-1351; and
- (B) Is not in the room in which judicial proceedings are in progress; or
- (5) Is in the actual discharge of official duties as the county attorney of any county in this state, and:
- (A) Is authorized to carry a handgun pursuant to § 39-17-1351; and
- (B) Is not in the room in which judicial proceedings are in progress.
History (8)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1029, § 5
- 2000, ch. 988, § 2
- 2011, ch. 469, § 1
- 2014, ch. 663, § 1
- 2017, ch. 467, § 5
- 2018, ch. 880, § 1
- 2020, ch. 681, §§ 1, 2.
§ 39-17-1307. Unlawful carrying or possession of a weapon. - (a)
- (1) A person commits an offense who carries, with the intent to go armed, a firearm or a club.
- (2)
- (A) The first violation of subdivision (a)(1) is a Class C misdemeanor, and, in addition to possible imprisonment as provided by law, may be punished by a fine not to exceed five hundred dollars ($500).
- (B) A second or subsequent violation of subdivision (a)(1) is a Class B misdemeanor.
- (C) A violation of subdivision (a)(1) is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one (1) or more persons were present.
- (b)
- (1) A person commits an offense who unlawfully possesses a firearm, as defined in § 39-11-106, and:
- (A) Has been convicted of a felony crime of violence, an attempt to commit a felony crime of violence, or a felony involving use of a deadly weapon; or
- (B) Has been convicted of a felony drug offense.
- (2) An offense under subdivision (b)(1)(A) is a Class B felony.
- (3) An offense under subdivision (b)(1)(B) is a Class C felony.
- (c)
- (1) A person commits an offense who possesses a handgun and has been convicted of a felony unless:
- (A) The person has been pardoned for the offense;
- (B) The felony conviction has been expunged; or
- (C) The person's civil rights have been restored pursuant to title 40, chapter 29, and the restoration order does not specifically prohibit the person from possessing firearms.
- (2) An offense under subdivision (c)(1) is a Class E felony.
- (d)
- (1) A person commits an offense who possesses a deadly weapon other than a firearm with the intent to employ it during the commission of, attempt to commit, or escape from a dangerous offense as defined in § 39-17-1324.
- (2) A person commits an offense who possesses any deadly weapon with the intent to employ it during the commission of, attempt to commit, or escape from any offense not defined as a dangerous offense by § 39-17-1324.
- (3)
- (A) Except as provided in subdivision (d)(3)(B), a violation of this subsection (d) is a Class E felony.
- (B) A violation of this subsection (d) is a Class E felony with a maximum fine of six thousand dollars ($6,000), if the deadly weapon is a switchblade knife.
- (e)
- (1) It is an exception to the application of subsection (a) that a person is carrying or possessing a firearm, loaded firearm, or firearm ammunition in a motor vehicle or boat if the person:
- (A) Is not prohibited from possessing or receiving a firearm by 18 U.S.C. § 922(g) or purchasing a firearm by § 39-17-1316; and
- (B) Is in lawful possession of the motor vehicle or boat.
- (2)
- (A) As used in this subsection (e):
- (i) “Boat” means any watercraft, other than a seaplane on the water, designed and used primarily for navigation or transportation on the water; and
- (ii) “Motor vehicle” has the same meaning as defined in § 55-1-103.
- (B) This subsection (e) shall not apply to a motor vehicle or boat that is:
- (i) Owned or leased by a governmental or private entity that has adopted a written policy prohibiting firearms, loaded firearms, or firearm ammunition not required for employment within the motor vehicle or boat; and
- (ii) Provided by such entity to an employee for use during the course of employment.
- (f)
- (1) A person commits an offense who possesses a firearm, as defined in § 39-11-106(a), and:
- (A) Has been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921, and is still subject to the disabilities of such a conviction;
- (B) Is, at the time of the possession, subject to an order of protection that fully complies with 18 U.S.C. § 922(g)(8); or
- (C) Is prohibited from possessing a firearm under any other state or federal law.
- (2) If the person is licensed as a federal firearms dealer or a responsible party under a federal firearms license, the determination of whether such an individual possesses firearms that constitute the business inventory under the federal license shall be determined based upon the applicable federal statutes or the rules, regulations and official letters, rulings and publications of the bureau of alcohol, tobacco, firearms and explosives.
- (3) For purposes of this section, a person does not possess a firearm, including, but not limited to, firearms registered under the National Firearms Act (26 U.S.C. § 5801 et seq.), if the firearm is in a safe or similar container that is securely locked and to which the respondent does not have the combination, keys or other means of normal access.
- (4) A violation of subdivision (f)(1) is a Class A misdemeanor and each violation constitutes a separate offense.
- (5) If a violation of subdivision (f)(1) also constitutes a violation of § 36-3-625(h) or § 39-13-113(h), the respondent may be charged and convicted under any or all such sections.
- (g) It is an exception to the application of subsection (a) that a person is carrying, whether openly or concealed, a handgun and:
- (1)
- (A) The person is at least twenty-one (21) years of age; or
- (B) The person is at least eighteen (18) years of age and:
- (i) Is an honorably discharged or retired veteran of the United States armed forces;
- (ii) Is an honorably discharged member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program; or
- (iii) Is a member of the United States armed forces on active duty status or is a current member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program;
- (2) The person lawfully possesses the handgun; and
- (3) The person is in a place where the person is lawfully present.
- (h)
- (1) A person commits an offense who carries, with the intent to go armed, a firearm and:
- (A) Has been convicted of stalking as prohibited by § 39-17-315;
- (B) Has been convicted of the offense of driving under the influence of an intoxicant in this or any other state two (2) or more times within the prior ten (10) years or one (1) time within the prior five (5) years;
- (C) Has been adjudicated as a mental defective, judicially committed to or hospitalized in a mental institution pursuant to title 33, or had a court appoint a conservator for the person by reason of a mental defect; or
- (D) Is otherwise prohibited from possessing a firearm by 18 U.S.C. 922(g) as it existed on January 1, 2021.
- (2) An offense under subdivision (h)(1) is a Class B misdemeanor.
- (i)
- (1) A person commits an offense who carries or possesses a firearm and has been adjudicated as a mental defective or judicially committed to a mental institution.
- (2) An offense under subdivision (i)(1) is a Class A misdemeanor.
- (j)
- (1) A person under twenty-five (25) years of age who possesses a firearm commits an offense if the person was adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted one (1) or more of the following offenses:
- (A) Aggravated assault, as defined in § 39-13-102;
- (B) Aggravated assault against a first responder or nurse, as defined in § 39-13-116;
- (C) A violation of chapter 13, part 2, of this title;
- (D) A violation of chapter 13, part 4, of this title;
- (E) A violation of chapter 13, part 10, of this title;
- (F) Aggravated cruelty to animals, as defined in § 39-14-212;
- (G) A threat of mass violence, as defined in § 39-16-517; or
- (H) A violation of this title involving the use or display of a firearm.
- (2) An offense under subdivision (j)(1) is a Class A misdemeanor.
- (3) This subsection (j) does not apply if a court has reinstated the person's right to possess a firearm pursuant to § 37-1-190(e).
History (18)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1029, § 6
- 2007, ch. 412, § 1
- 2007, ch. 594, § 3
- 2008, ch. 1166, § 1
- 2008, ch. 1176, § 1
- 2009, ch. 431, § 1
- 2009, ch. 455, § 6
- 2010, ch. 793, § 1
- 2012, ch. 726, § 1
- 2014, ch. 647, §§ 4, 5
- 2014, ch. 870, § 1
- 2017, ch. 202, § 1
- 2017, ch. 475, § 1
- 2018, ch. 903, §§ 2, 4
- 2021, ch. 108, §§ 1, 13
- 2024, ch. 784, § 19
- 2024, ch. 973, § 3.
§ 39-17-1308. Defenses to unlawful possession or carrying of a weapon. - (a) It is a defense to the application of § 39-17-1307 if the possession or carrying was:
- (1) Of an unloaded rifle, shotgun or handgun not concealed on or about the person and the ammunition for the weapon was not in the immediate vicinity of the person or weapon;
- (2) By a person authorized to possess or carry a firearm pursuant to § 39-17-1315, § 39-17-1351, or § 39-17-1366;
- (3) At the person's:
- (A) Place of residence;
- (B) Place of business; or
- (C) Premises;
- (4) Incident to lawful hunting, trapping, fishing, camping, sport shooting or other lawful activity;
- (5) By a person possessing a rifle or shotgun while engaged in the lawful protection of livestock from predatory animals;
- (6) By a Tennessee valley authority officer who holds a valid commission from the commissioner of safety pursuant to this part while the officer is in the performance of the officer's official duties;
- (7) By a state, county or municipal judge or any federal judge or any federal or county magistrate;
- (8) By a person possessing a club or baton who holds a valid state security guard/officer registration card as a private security guard/officer, issued by the commissioner, and who also has certification that the officer has had training in the use of club or baton that is valid and issued by a person certified to give training in the use of clubs or batons;
- (9) By any person possessing a club or baton who holds a certificate that the person has had training in the use of a club or baton for self-defense that is valid and issued by a certified person authorized to give training in the use of clubs or batons, and is not prohibited from purchasing a firearm under any local, state or federal laws;
- (10) By any out-of-state, full-time, commissioned law enforcement officer who holds a valid commission card from the appropriate out-of-state law enforcement agency and a photo identification; provided, that if no valid commission card and photo identification are retained, then it shall be unlawful for that officer to carry firearms in this state and this section shall not apply. The defense provided by this subdivision (a)(10) shall only be applicable if the state where the out-of-state officer is employed has entered into a reciprocity agreement with this state that allows a full-time, commissioned law enforcement officer in Tennessee to lawfully carry or possess a weapon in the other state; or
- (11) By a person authorized to carry a handgun pursuant to § 36-3-626 or § 39-17-1365.
- (b) The defenses described in this section are not available to persons described in § 39-17-1307(b)(1).
History (9)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1029, § 7
- 1993, ch. 200, § 1
- 1996, ch. 1009, §§ 20, 21
- 1997, ch. 476, § 3
- 1999, ch. 295, § 1
- 2003, ch. 144, § 2
- 2017, ch. 468, § 2
- 2019, ch. 479, § 2.
§ 39-17-1309. Carrying weapons on school property. - (a) As used in this section, “weapon of like kind” includes razors and razor blades, except those used solely for personal shaving, and any sharp pointed or edged instrument, except unaltered nail files and clips and tools used solely for preparation of food, instruction and maintenance.
- (b)
- (1) It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any firearm, explosive, explosive weapon, bowie knife, hawk bill knife, ice pick, dagger, slingshot, leaded cane, switchblade knife, blackjack, knuckles or any other weapon of like kind, not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, operated, or while in use by any board of education, school, college or university board of trustees, regents or directors for the administration of any public or private educational institution.
- (2)
- (A) It is not an offense under this subsection (b) for a nonstudent adult to possess a pocket knife while the adult is on school property for the sole purpose of voting in an election if the pocket knife is concealed on the adult's person and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult.
- (B) As used in this subdivision (b)(2), “pocket knife” means a knife with one (1) or more blades that fold or collapse into the knife's attached handle and that can be carried inside a person's pocket when collapsed or folded.
- (3) A violation of this subsection (b) is a Class E felony.
- (c)
- (1)
- (A) It is an offense for any person to possess or carry, whether openly or concealed, any firearm, not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, operated, or while in use by any board of education, school, college or university board of trustees, regents or directors for the administration of any public or private educational institution.
- (B) It is not an offense under this subsection (c) for a nonstudent adult to possess a firearm, if the firearm is contained within a private vehicle operated by the adult and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult, while the vehicle is on school property.
- (2) A violation of this subsection (c) is a Class B misdemeanor.
- (d)
- (1) Each chief administrator of a public or private school shall display in prominent locations about the school a sign, at least six inches (6″) high and fourteen inches (14″) wide, stating:
- FELONY. STATE LAW PRESCRIBES A MAXIMUM PENALTY OF SIX (6) YEARS IMPRISONMENT AND A FINE NOT TO EXCEED THREE THOUSAND DOLLARS ($3,000) FOR CARRYING WEAPONS ON SCHOOL PROPERTY.
- (2) As used in this subsection (d), “prominent locations about a school” includes, but is not limited to, sports arenas, gymnasiums, stadiums and cafeterias.
- (e) Subsections (b) and (c) do not apply to the following persons:
- (1) Persons employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard when in discharge of their official duties and acting under orders requiring them to carry arms or weapons;
- (2) Civil officers of the United States in the discharge of their official duties;
- (3) Officers and soldiers of the militia and the national guard when called into actual service;
- (4) Officers of the state, or of any county, city or town, charged with the enforcement of the laws of the state, when in the discharge of their official duties;
- (5) Any pupils who are members of the reserve officers training corps or pupils enrolled in a course of instruction or members of a club or team, and who are required to carry arms or weapons in the discharge of their official class or team duties;
- (6) Any private police employed by the administration or board of trustees of any public or private institution of higher education in the discharge of their duties;
- (7) Any registered security guard/officer who meets the requirements of title 62, chapter 35, and who is discharging the officer's official duties;
- (8)
- (A) Persons possessing a handgun, who are authorized to carry the handgun pursuant to § 39-17-1351, while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway, or other similar public place;
- (B) Subdivision (e)(8)(A) shall not apply if the enhanced handgun carry permit holder:
- (i) Possessed a handgun on property described in subdivision (e)(8)(A) that is owned or operated by a board of education, school, college, or university board of trustees, regents, or directors unless the permit holder's possession is otherwise excepted by this subsection (e); or
- (ii) Possessed a handgun in the immediate vicinity of property that was, at the time of possession, in use by any board of education, school, college or university board of trustees, regents, or directors for the administration of any public or private educational institution for the purpose of conducting an athletic event or other school-related activity on an athletic field, permanent or temporary, including but not limited to, a football or soccer field, tennis court, basketball court, track, running trail, Frisbee field, or any similar multi-use field; and
- (iii) Knew or should have known that:
- (a) An athletic event or school-related activity described in subdivision (e)(8)(B)(ii) was taking place on the property at the time of the possession; or
- (b) The property on which the possession occurred was owned or operated by a school entity described in subdivision (e)(8)(B)(ii); or
- (iv) Failed to take reasonable steps to leave the area of the athletic field or school-related activity or the property after being informed or becoming aware of:
- (a) Its use for athletic or school-related purposes; or
- (b) That it was, at the time of the possession, owned or operated by a school entity described in (e)(8)(B)(ii);
- (9) Persons permitted to carry a handgun on the property of private schools by § 49-50-803, and persons permitted to carry a handgun on the property of private for-profit or nonprofit institutions of higher education pursuant to § 49-7-161; provided, that this subdivision (e)(9) shall apply only:
- (A) To the school or institution where the person is located, when that school or institution has adopted a handgun carry policy pursuant to § 49-50-803 or § 49-7-161;
- (B) While the person is on the property or grounds covered by the private school or institution's policy; and
- (C) When the person is otherwise in compliance with the policy adopted by the private school or institution;
- (10) Persons carrying a handgun pursuant to § 49-6-809, § 49-6-815, or § 49-6-816; provided, that this subdivision (e)(10) shall apply only within and on the grounds of the school for which the person is authorized;
- (11)
- (A) Employees authorized to carry a handgun pursuant to § 39-17-1351 on property owned, operated, or controlled by the public institution of higher education at which the employee is employed;
- (B)
- (i) Any authorized employee who elects to carry a handgun pursuant to this subdivision (e)(11) shall provide written notification to the law enforcement agency or agencies with jurisdiction over the property owned, operated, or controlled by the public institution of higher education that employs the employee;
- (ii) The employee's name and any other information that might identify the employee as a person who has elected to carry a handgun pursuant to this subdivision (e)(11) shall be confidential, not open for public inspection, and shall not be disclosed by any law enforcement agency with which an employee registers; except that the employee's name and other information may be disclosed to an administrative officer of the institution who is responsible for school facility security; provided, however, that the administrative officer is not the employee's immediate supervisor or a supervisor responsible for evaluation of the employee. An administrative officer to whom such information is disclosed shall not disclose the information to another person. Identifying information about the employee collected pursuant to this subdivision (e)(11) shall not be disclosed to any person or entity other than another law enforcement agency and only for law enforcement purposes; and
- (iii) Law enforcement agencies are authorized to develop and implement:
- (a) Policies and procedures designed to implement the notification and confidentiality requirements of this subdivision (e)(11)(B); and
- (b) A voluntary course or courses of special or supplemental firearm training to be offered to the employees electing to carry a handgun pursuant to this subdivision (e)(11). Firearm safety shall be a component of any firearm course;
- (C) Unless carrying a handgun is a requirement of the employee's job description, the carrying of a handgun pursuant to this subdivision (e)(11) is a personal choice of the employee and not a requirement of the employer. Consequently, an employee who carries a handgun on property owned, operated, or controlled by the public institution of higher education at which the employee is employed is not:
- (i) Acting in the course of or scope of their employment when carrying or using the handgun;
- (ii) Entitled to workers' compensation benefits under § 9-8-307(a)(1)(K) for injuries arising from the carrying or use of a handgun;
- (iii) Immune from personal liability with respect to use or carrying of a handgun under § 9-8-307(h);
- (iv) Permitted to carry a handgun openly, or in any other manner in which the handgun is visible to ordinary observation; or
- (v) Permitted to carry a handgun at the following times and at the following locations:
- (a) Stadiums, gymnasiums, and auditoriums when school-sponsored events are in progress;
- (b) In meetings regarding disciplinary matters;
- (c) In meetings regarding tenure issues;
- (d) A hospital, or an office where medical or mental health services are the primary services provided; and
- (e) Any location where a provision of state or federal law, except the posting provisions of § 39-17-1359, prohibits the carrying of a handgun on that property;
- (D) Notwithstanding any other law to the contrary, a public institution of higher education shall be absolutely immune from claims for monetary damages arising solely from or related to an employee's use of, or failure to use, a handgun; provided the employee is employed by the institution against whom the claim is filed and the employee elects to carry the handgun pursuant to this subdivision (e)(11). Nothing in this section shall expand the existing conditions under which sovereign immunity is waived pursuant to § 9-8-307; and
- (E) As used in subdivisions (e)(11)-(13):
- (i) “Employee” includes:
- (a) All faculty, staff, and other persons who are employed on a full-time basis by a public institution of higher education; and
- (b) All faculty, staff, and other persons who:
- (1) Are retired federal, state, or local law enforcement officers;
- (2) Served as a federal, state, or local law enforcement officer for at least twenty (20) years prior to retirement;
- (3) Retired in good standing as certified by the chief law enforcement officer of the organization from which the officer retired; and
- (4) Are employed on a part-time basis by a public institution of higher education; and
- (ii) “Employee” does not include a person who is enrolled as a student at a public institution of higher education, regardless of whether the person is also an employee;
- (12)
- (A) Any employee of the University of Tennessee institute of agriculture or a college or department of agriculture at a campus in the University of Tennessee system when in the discharge of the employee's official duties and with prior authorization from the chancellor of the University of Tennessee institute of agriculture; or
- (B) Any employee of the University of Tennessee institute of agriculture or a college or department of agriculture at a campus in the University of Tennessee system, and any member of the employee's household, living in a residence owned, used, or operated by the University of Tennessee, if the employee has prior authorization from the chancellor of the University of Tennessee institute of agriculture and the employee and household members are permitted to possess firearms in their residence under Tennessee and federal law; and
- (13)
- (A) Any employee of the university's college or department of agriculture when in the discharge of the employee's official duties and with prior authorization from the president of a university in the board of regents system;
- (B) Any employee of the university's college or department of agriculture, and any member of the employee's household, living in a residence owned, used, or operated by the university, if the employee has prior authorization from the president of a university in the board of regents system and the employee and household members are permitted to possess firearms in their residence under Tennessee and federal law; or
- (C) Any employee, with prior authorization of the president of a university in the board of regents system, who is engaged in wildlife biology or ecology research and education for the purpose of capture or collection of specimens.
- (f)
- (1) As used in this subsection (f), “non-lethal weapon” means pepper spray, a pepper spray gun, pepper gel, mace, a stun gun, an electronic control device, or other conducted energy device.
- (2) Notwithstanding subsection (b) or another law to the contrary:
- (A) Except as provided in subdivisions (f)(2)(B) and (C), a public college or university or other public institution of higher education, shall not prohibit an adult person, including, but not limited to, a staff member, student, employee, and other adult person lawfully present on the property of the college, university, or institution from carrying a non-lethal weapon for purposes of self-defense when in any building or bus, on the campus, grounds, recreation area, athletic field, or any other property owned, operated, or while in use by any college or university board of trustees, regents, or directors for the administration of any public higher educational institution;
- (B) A public college or university or other public institution of higher education may prohibit the carrying of non-lethal weapons on the grounds of any pre-kindergarten through grade twelve (pre-K-12) school located on its campus;
- (C) A public college or university or other public institution of higher education may prohibit the carrying of non-lethal weapons in any building where armed security is provided or where such carrying is prohibited by contract.
History (14)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1029, § 8
- 1991, ch. 510, §§ 1-3
- 1996, ch. 1009, § 24
- 2015, ch. 250, §§ 3, 4
- 2016, ch. 698, § 3
- 2016, ch. 1049, § 2
- 2016, ch. 1061, § 1
- 2018, ch. 1008, § 2
- 2019, ch. 479, § 6
- 2023, ch. 142, § 1
- 2023, ch. 149, § 1
- 2024, ch. 738, § 3
- 2024, ch. 791, § 2.
§ 39-17-1310. Affirmative defense to carrying weapons on school property. - It is an affirmative defense to prosecution under § 39-17-1309(a)-(d) that the person's behavior was in strict compliance with the requirements of one (1) of the following classifications:
- (1) A person hunting during the lawful hunting season on lands owned by any public or private educational institution and designated as open to hunting by the administrator of the educational institution;
- (2) A person possessing unloaded hunting weapons while transversing the grounds of any public or private educational institution for the purpose of gaining access to public or private lands open to hunting with the intent to hunt on the public or private lands unless the lands of the educational institution are posted prohibiting entry;
- (3) A person possessing guns or knives when conducting or attending “gun and knife shows” and the program has been approved by the administrator of the educational institution; or
- (4) A person entering the property for the sole purpose of delivering or picking up passengers and who does not remove, utilize or allow to be removed or utilized any weapon from the vehicle.
History (2)
- Acts 1989, ch. 591, § 1
- 1991, ch. 510, § 4.
§ 39-17-1311. Carrying weapons on public parks, playgrounds, civic centers and other public recreational buildings and grounds. - (a) It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any weapon prohibited by § 39-17-1302(a), not used solely for instructional, display or sanctioned ceremonial purposes, in or on the grounds of any public park, playground, civic center or other building facility, area or property owned, used or operated by any municipal, county or state government, or instrumentality thereof, for recreational purposes.
- (b)
- (1) Subsection (a) shall not apply to the following persons:
- (A) Persons employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard when in discharge of their official duties and acting under orders requiring them to carry arms or weapons;
- (B) Civil officers of the United States in the discharge of their official duties;
- (C) Officers and soldiers of the militia and the national guard when called into actual service;
- (D) Officers of the state, or of any county, city or town, charged with the enforcement of the laws of the state, in the discharge of their official duties;
- (E) Any pupils who are members of the reserve officers training corps or pupils enrolled in a course of instruction or members of a club or team, and who are required to carry arms or weapons in the discharge of their official class or team duties;
- (F) Any private police employed by the municipality, county, state or instrumentality thereof in the discharge of their duties;
- (G) A registered security guard/officer, who meets the requirements of title 62, chapter 35, while in the performance of the officer's duties;
- (H)
- (i) Persons possessing a handgun, who are authorized to carry the handgun pursuant to § 39-17-1351 or § 39-17-1366, while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway, or other similar public place that is owned or operated by the state, a county, a municipality, or instrumentality of the state, a county, or municipality;
- (ii) Subdivision (b)(1)(H)(i) shall not apply if the permit holder:
- (a) Possessed a handgun in the immediate vicinity of property that was, at the time of possession, in use by any board of education, school, college or university board of trustees, regents, or directors for the administration of any public or private educational institution for the purpose of conducting an athletic event or other school-related activity on an athletic field, permanent or temporary, including but not limited to, a football or soccer field, tennis court, basketball court, track, running trail, Frisbee field, or similar multi-use field; and
- (b) Knew or should have known the athletic activity or school-related activity described in subdivision (b)(1)(H)(ii)(a) was taking place on the property; or
- (c) Failed to take reasonable steps to leave the area of the athletic event or school-related activity after being informed of or becoming aware of its use;
- (iii) For purposes of subdivision (b)(1)(H)(ii)(a) and (c), property described in subdivision (b)(1)(H)(i) is “in use” only when one (1) or more students are physically present on the property for an activity a reasonable person knows or should know is an athletic event, or other school event or school-related activity. Property listed in subdivision (b)(1)(H)(i) is not in use solely because equipment, materials, supplies, or other property owned or used by a school is stored, maintained, or permitted to remain on the property;
- (I) Persons possessing a handgun, who are authorized to carry the handgun pursuant to § 39-17-1351 or § 39-17-1366, while within or on property designated by the federal government as a national park, forest, preserve, historic park, military park, trail or recreation area, to the extent permitted by federal law; and
- (J) Also, only to the extent a person strictly conforms the person's behavior to the requirements of one (1) of the following classifications:
- (i) A person hunting during the lawful hunting season on lands owned by any municipality, county, state or instrumentality thereof and designated as open to hunting by law or by the appropriate official;
- (ii) A person possessing unloaded hunting weapons while traversing the grounds of any public recreational building or property for the purpose of gaining access to public or private lands open to hunting with the intent to hunt on the public or private lands unless the public recreational building or property is posted prohibiting entry;
- (iii) A person possessing guns or knives when conducting or attending “gun and knife shows” when the program has been approved by the administrator of the recreational building or property;
- (iv) A person entering the property for the sole purpose of delivering or picking up passengers and who does not remove any weapon from the vehicle or utilize it in any manner; or
- (v) A person who possesses or carries a firearm for the purpose of sport or target shooting and sport or target shooting is permitted in the park or recreational area.
- (2) At any time the person's behavior no longer strictly conforms to one (1) of the classifications in subdivision (b)(1), the person shall be subject to subsection (a).
- (c) A violation of subsection (a) is a Class A misdemeanor.
- (d) For the purposes of this section, a “greenway” means an open-space area following a natural or man-made linear feature designed to be used for recreation, transportation, conservation, and to link services and facilities. A greenway is a paved, gravel-covered, woodchip covered, or wood-covered path that connects one greenway entrance with another greenway entrance. In the event a greenway traverses a park that is owned or operated by a county, municipality or instrumentality thereof, the greenway shall be considered a portion of that park unless designated otherwise by the local legislative body. Except as provided in this part, the definition of a greenway in this section shall not be applicable to any other provision of law.
History (9)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1029, § 9
- 1993, ch. 480, §§ 1-3
- 1996, ch. 1009, § 23
- 2009, ch. 428, §§ 1, 2
- 2010, ch. 1006, § 1
- 2015, ch. 250, §§ 1, 2, 5
- 2017, ch. 341, § 1
- 2019, ch. 479, § 7.
§ 39-17-1312. Inaction by persons eighteen (18) years of age or older, including parents or guardians, knowing a minor or student illegally possesses a firearm. - (a) It is an offense if a person eighteen (18) years of age or older, including a parent or other legal guardian, knows that a minor or student is in illegal possession of a firearm in or upon the premises of a public or private school, in or on the school's athletic stadium or other facility or building where school sponsored athletic events are conducted, or public park, playground or civic center, and the person, parent or guardian fails to prevent the possession or fails to report it to the appropriate school or law enforcement officials.
- (b) A violation of this section is a Class A misdemeanor.
History (2)
- Acts 1992, ch. 907, § 1
- 1999, ch. 309, § 1.
§ 39-17-1313. Transporting and storing a firearm or firearm ammunition in motor vehicle by permit holder or one who lawfully carries a handgun. - (a) Notwithstanding any law or any ordinance or resolution adopted by the governing body of a city, county, or metropolitan government, including any ordinance or resolution enacted before April 8, 1986, that prohibits or regulates the possession, transportation, or storage of a firearm or firearm ammunition, a person who has a valid enhanced handgun carry permit or concealed handgun carry permit or who lawfully carries a handgun pursuant to § 39-17-1307(g) may, unless expressly prohibited by federal law, transport and store a firearm or firearm ammunition in the person's motor vehicle, as defined in § 55-1-103, while on or utilizing any public or private parking area if:
- (1) The person's motor vehicle is parked in a location where the motor vehicle is permitted to be; and
- (2) The firearm or ammunition being transported or stored in the motor vehicle:
- (A) Is kept from ordinary observation if the person is in the motor vehicle; or
- (B) Is kept from ordinary observation and locked within the trunk, glove box, or interior of the person's motor vehicle or a container securely affixed to the motor vehicle if the person is not in the motor vehicle.
- (b) No business entity, public or private employer, or the owner, manager, or legal possessor of the property shall be held liable in any civil action for damages, injuries or death resulting from or arising out of another's actions involving a firearm or ammunition transported or stored by a person in a person's motor vehicle pursuant to subsection (a) unless the business entity, public or private employer, or the owner, manager, or legal possessor of the property commits an offense involving the use of the stored firearm or ammunition or intentionally solicits or procures the conduct resulting in the damage, injury or death. Nor shall a business entity, public or private employer, or the owner, manager, or legal possessor of the property be responsible for the theft of a firearm or ammunition stored by a person in a person's motor vehicle pursuant to subsection (a).
- (c) For purposes of this section:
- (1) “Motor vehicle” means any motor vehicle as defined in § 55-1-103, which is in the lawful possession of the person, but does not include any motor vehicle which is owned or leased by a governmental or business entity and that is provided by such entity to an employee for use during the course of employment if the entity has adopted a written policy prohibiting firearms or ammunition not required for employment within the entity's motor vehicles; and
- (2)
- (A) “Parking area” means any property provided by a business entity, public or private employer, or the owner, manager, or legal possessor of the property for the purpose of permitting its invitees, customers, clients or employees to park privately owned motor vehicles; and
- (B) “Parking area” does not include the grounds or property of an owner-occupied, single-family detached residence, or a tenant-occupied single-family detached residence.
- (d) A person transporting, storing or both transporting and storing a firearm or firearm ammunition in accordance with this section does not violate this section if the firearm or firearm ammunition is observed by another person or security device during the ordinary course of the person securing the firearm or firearm ammunition from observation in or on a motor vehicle.
History (6)
- Acts 2013, ch. 16, § 1
- 2014, ch. 498, § 1
- 2014, ch. 505, §§ 1-6
- 2014, ch. 768, § 1
- 2019, ch. 479, §§ 8, 9
- 2021, ch. 108, §§ 2-5.
§ 39-17-1314. Preemption of local regulation of firearms, ammunition, and knives — Actions against firearms or ammunition manufacturer, trade association, or dealer — Party adversely affected by local regulation. - (a) Except as otherwise provided by state law or as specifically provided in subsection (b), the general assembly preempts the whole field of the regulation of firearms, ammunition, or components of firearms or ammunition, or combinations thereof including, but not limited to, the use, purchase, transfer, taxation, manufacture, ownership, possession, carrying, sale, acquisition, gift, devise, licensing, registration, storage, and transportation thereof, to the exclusion of all county, city, town, municipality, or metropolitan government law, ordinances, resolutions, enactments or regulation. No county, city, town, municipality, or metropolitan government nor any local agency, department, or official shall occupy any part of the field regulation of firearms, ammunition or components of firearms or ammunition, or combinations thereof.
- (b) A city, county, town, municipality or metropolitan government is expressly authorized to regulate by ordinance, resolution, policy, rule or other enactment the following:
- (1) The carrying of firearms by employees or independent contractors of the city, county, town municipality or metropolitan government when acting in the course and scope of their employment or contract, except as otherwise provided in § 39-17-1313;
- (2) The discharge of firearms within the boundaries of the applicable city, county, town, municipality or metropolitan government, except when and where the discharge of a firearm is expressly authorized or permitted by state law;
- (3) The location of a sport shooting range, except as otherwise provided in §§ 39-17-316 and 13-3-412. To the extent that a city, county, town, municipality, or metropolitan government has or enforces any regulation of privately owned or operated sport shooting ranges, the city, county, town, municipality, or metropolitan government shall not impose greater restrictions or requirements on privately owned or operated ranges than are applicable to any range located within the same unit of local government and owned or operated by a government entity. A party may challenge any regulation of a sport shooting range that violates this subdivision (b)(3) in the manner described in subsection (g); and
- (4) The enforcement of any state or federal law pertaining to firearms, ammunition, or components of firearms or ammunition, or combinations thereof, except as prohibited by § 38-3-115.
- (c) The general assembly declares that the lawful design, marketing, manufacture and sale of firearms and ammunition to the public are not unreasonably dangerous activities and do not constitute a nuisance per se.
- (d)
- (1) The authority to bring suit and right to recover against any firearms or ammunition manufacturer, trade association or dealer by or on behalf of any state entity, county, municipality or metropolitan government for damages, abatement or injunctive relief resulting from or relating to the lawful design, manufacture, marketing or sale of firearms or ammunition to the public shall be reserved exclusively to the state.
- (2) Nothing in this subsection (d) shall be construed to prohibit a county, municipality, or metropolitan government from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by such county, municipality, or metropolitan government.
- (3) Nothing in this subsection (d) shall preclude an individual from bringing a cause of action for breach of a written contract, breach of an express warranty, or for injuries resulting from defects in the materials or workmanship in the manufacture of the firearm.
- (e) Subsections (c) and (d) shall not apply in any litigation brought by an individual against a firearms or ammunition manufacturer, trade association or dealer.
- (f) It is the intent of the general assembly that this part is preemptive with respect to the transfer, ownership, possession or transportation of knives and no city, county, or metropolitan government shall occupy any part of the field of regulation of the transfer, ownership, possession or transportation of knives.
- (g)
- (1)
- (A) Notwithstanding title 29, chapter 20; title 9, chapter 8; and § 20-13-102, a party may file an action in a court of competent jurisdiction against any of the persons or entities listed in subdivisions (g)(1)(A)(i) and (ii), if the party is adversely affected by:
- (i) An ordinance, resolution, policy, rule, or other enactment that is adopted or enforced by a county, city, town, municipality, or metropolitan government or any local agency, department, or official that violates this section; or
- (ii) The creation or maintenance of a record, database, registry, or collection of records, in violation of § 39-17-1305, by a state or local government entity, official, employee, or agent.
- (B) The adversely affected party may seek:
- (i) Declaratory and injunctive relief; and
- (ii) Damages, as provided in subsection (i).
- (2) This subsection (g) shall apply to any ordinance, resolution, policy, rule, or other enactment that is adopted or enforced on or after July 1, 2017, or any record, database, registry, or collection of records that is made or maintained on or after July 1, 2021.
- (h) As used in subsection (g), a party is “adversely affected” if:
- (1) The party is an individual who:
- (A) Lawfully resides within the United States;
- (B) May legally possess a firearm under Tennessee law; and
- (C) Is or was subject to the ordinance, resolution, policy, rule, or other enactment or was included as an entry on a database, registry, or collection of records, that is the subject of an action filed under subsection (g). An individual is or was subject to the ordinance, resolution, policy, rule, or other enactment if the individual is or was physically present within the boundaries of the political subdivision for any reason; or
- (2) The party is a membership organization that:
- (A) Includes two (2) or more individuals described in subdivision (h)(1); and
- (B) Is dedicated in whole or in part to protecting the rights of persons who possess, own, or use firearms for competitive, sporting, defensive, or other lawful purposes.
- (i) A prevailing plaintiff in an action under subsection (g) is entitled to recover from the county, city, town, municipality, or metropolitan, state, or local government entity the following:
- (1) The greater of:
- (A) Actual damages, including consequential damages, attributable to the ordinance, resolution, policy, rule, enactment, database, registry, or collection of records; or
- (B) Three (3) times the plaintiff's attorney's fees;
- (2) Court costs, including fees; and
- (3) Reasonable attorney's fees; provided, that attorney's fees shall not be awarded under this subdivision (i)(3) if the plaintiff recovers under subdivision (i)(1)(B).
History (9)
- Acts 1989, ch. 591, § 1
- 1999, ch. 293, §§ 1, 2
- 2009, ch. 428, § 3
- 2013, ch. 418, § 1
- 2014, ch. 822, § 1
- 2017, ch. 467, § 1
- 2019, ch. 223, § 1
- 2021, ch. 444, § 4
- 2021, ch. 554, §§ 3-6.
§ 39-17-1315. Written directive and permit to carry handguns. - (a)
- (1)
- (A) The following persons may carry handguns at all times pursuant to a written directive by the executive supervisor of the organization to which the person is or was attached or employed, regardless of the person's regular duty hours or assignments:
- (i) Any law enforcement officer, police officer, bonded and sworn deputy sheriff, director, commissioner, county magistrate or retired law enforcement officer who is bonded and who, at the time of receiving the written directive, has successfully completed and, except for a law enforcement officer who has retired in good standing as certified by the chief law enforcement officer of the organization from which the officer retired, continues to successfully complete on an annual basis a firearm training program of at least eight (8) hours duration;
- (ii) Any director or full-time employee of the Tennessee emergency management agency in the performance of the director's or employee's duty;
- (iii) Any duly authorized representative or full-time employee of the department of correction who has been specifically designated by the commissioner of the department to execute warrants issued pursuant to § 40-28-121 or § 40-35-311 or to perform such other duties as specifically designated by the commissioner; or
- (iv) Any other officer or person authorized to carry handguns by this, or any other law of this state.
- (B) A copy of the written directive shall be retained as a portion of the records of the particular law enforcement agency that shall issue the directive. Nothing in this subdivision (a)(1) shall prevent federal officers from carrying firearms as prescribed by federal law.
- (2)
- (A) Any duly elected and sworn constable in any county having a population of not less than eleven thousand one hundred (11,100) nor more than eleven thousand two hundred (11,200), according to the 1970 federal census or any subsequent federal census, and being a county in which constables retain law enforcement powers and duties under §§ 8-10-108, 40-6-210, 55-8-152, 57-5-202 and 57-9-101, are authorized to and may carry handguns at all times and may equip their vehicles with blue and red lights and sirens. The sheriff of such county shall issue a written directive or permit authorizing the constables to carry a handgun; provided, that each constable has completed the same eight-hour annual firearm training program as is required by this subsection (a).
- (B) The county commission may, by a two-thirds (⅔) vote, require the constable to have in effect a liability policy or a corporate surety bond in an amount of not less than fifty thousand dollars ($50,000).
- (b)
- (1) An individual, corporation or business entity is authorized to prohibit the possession of weapons by employees otherwise authorized by this subsection (b) on premises owned, operated or managed by the individual, corporation or business entity. Notice of the prohibition shall be posted or otherwise noticed to all affected employees.
- (2) An individual, corporation, business entity or governmental entity or agent thereof is authorized to prohibit possession of weapons by any person otherwise authorized by this subsection (b), at meetings conducted by, or on premises owned, operated, managed or under control of the individual, corporation, business entity or governmental entity. Notice of the prohibition shall be posted or announced.
History (11)
- Acts 1989, ch. 591, § 1
- 1990, ch. 1029, § 10
- 1993, ch. 471, §§ 2, 4
- 1994, ch. 943, §§ 2-9, 11-13
- 1995, ch. 434, § 1
- 1996, ch. 905, § 1
- 1999, ch. 498, § 1
- 2003, ch. 144, § 1
- 2007, ch. 318, § 1
- 2007, ch. 586, § 3
- 2012, ch. 727, § 8.
§ 39-17-1316. Sales of dangerous weapons — Certification of purchaser — Exceptions — Licensing of dealers — Definitions. - (a)
- (1)
- (A) A person appropriately licensed by the federal government may stock and sell firearms to persons desiring firearms; however, sales are prohibited to persons who:
- (i) Have been convicted of the offense of stalking, as prohibited by § 39-17-315;
- (ii) Are addicted to alcohol;
- (iii) Are ineligible to receive firearms under 18 U.S.C. § 922;
- (iv) Have been judicially committed to a mental institution pursuant to title 33 or adjudicated as a mental defective; or
- (v) Are under twenty-five (25) years of age and are currently prohibited from purchasing a firearm as a result of having been adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted one (1) or more of the following offenses:
- (a) Aggravated assault, as defined in § 39-13-102;
- (b) Aggravated assault against a first responder or nurse, as defined in § 39-13-116;
- (c) A violation of chapter 13, part 2, of this title;
- (d) A violation of chapter 13, part 4, of this title;
- (e) A violation of chapter 13, part 10, of this title;
- (f) Aggravated cruelty to animals, as defined in § 39-14-212;
- (g) A threat of mass violence, as defined in § 39-16-517; or
- (h) A violation of this title involving the use or display of a firearm.
- (B) For purposes of subdivision (a)(1)(A)(iii), the offense of violation of a protective order as prohibited by § 39-13-113 is considered a “misdemeanor crime of domestic violence” for purposes of 18 U.S.C. § 921.
- (2) The provisions of this subsection (a) prohibiting the sale of a firearm to a person convicted of a felony shall not apply if:
- (A) The person was pardoned for the offense;
- (B) The conviction has been expunged or set aside; or
- (C) The person's civil rights have been restored pursuant to title 40, chapter 29; and
- (D) The person is not prohibited from possessing a firearm by § 39-17-1307.
- (b)
- (1) As used in this section, “firearm” has the meaning as defined in § 39-11-106, including handguns, long guns, and all other weapons that meet the definition except “antique firearms” as defined in 18 U.S.C. § 921.
- (2) As used in this section, “gun dealer” means a person engaged in the business, as defined in 18 U.S.C. § 921, of selling, leasing, or otherwise transferring a firearm, whether the person is a retail dealer, pawnbroker, or otherwise.
- (c) Except with respect to transactions between persons licensed as dealers under 18 U.S.C. § 923, a gun dealer shall comply with the following before a firearm is delivered to a purchaser:
- (1) The purchaser shall present to the dealer current identification meeting the requirements of subsection (f);
- (2) The gun dealer shall complete a firearms transaction record as required by 18 U.S.C. §§ 921-929, and obtain the signature of the purchaser on the record;
- (3) The gun dealer shall request by means designated by the bureau that the Tennessee bureau of investigation conduct a criminal history record check on the purchaser and shall provide the following information to the bureau:
- (A) The federal firearms license number of the gun dealer;
- (B) The business name of the gun dealer;
- (C) The place of transfer;
- (D) The name of the person making the transfer;
- (E) The make, model, caliber and manufacturer's number of the firearm being transferred;
- (F) The name, gender, race, and date of birth of the purchaser;
- (G) The social security number of the purchaser, if one has been assigned; and
- (H) The type, issuer and identification number of the identification presented by the purchaser; and
- (4) The gun dealer shall receive a unique approval number for the transfer from the bureau and record the approval number on the firearms transaction record.
- (d) Upon receipt of a request of the gun dealer for a criminal history record check, the Tennessee bureau of investigation shall immediately, during the gun dealer's telephone call or by return call:
- (1) Determine, from criminal records and other information available to it, whether the purchaser is disqualified under subdivision (a)(1) from completing the purchase; and
- (2) Notify the dealer when a purchaser is disqualified from completing the transfer or provide the dealer with a unique approval number indicating that the purchaser is qualified to complete the transfer.
- (e)
- (1) The Tennessee bureau of investigation may charge a reasonable fee, not to exceed ten dollars ($10.00), for conducting background checks and other costs incurred under this section, and shall be empowered to bill gun dealers for checks run.
- (2) Funds collected by the Tennessee bureau of investigation pursuant to this section shall be deposited in a continuing deferred interest-bearing revenue fund that is created in the state treasury. This fund will not revert to the general fund on June 30 of any year. This fund shall be used to offset the costs associated with conducting background checks. By February 1 of each year the Tennessee bureau of investigation shall report to the judiciary committee of the senate and the criminal justice committee of the house of representatives the amount of money collected pursuant to this section in excess of the costs associated with conducting background checks as required by this section. The excess money shall be appropriated by the general assembly to the Tennessee bureau of investigation for other law enforcement related purposes as it deems appropriate and necessary.
- (f)
- (1) Identification required of the purchaser under subsection (c) shall include one (1) piece of current, valid identification bearing a photograph and the date of birth of the purchaser that:
- (A) Is issued under the authority of the United States government, a state, a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental organization or an international quasi-governmental organization; and
- (B) Is intended to be used for identification of an individual or is commonly accepted for the purpose of identification of an individual.
- (2) If the identification presented by the purchaser under subdivision (f)(1)(A) does not include the current address of the purchaser, the purchaser shall present a second piece of current identification that contains the current address of the purchaser.
- (g) The Tennessee bureau of investigation may require that the dealer verify the identification of the purchaser if that identity is in question by sending the thumbprints of the purchaser to the bureau.
- (h) The Tennessee bureau of investigation shall establish a telephone number that shall be operational seven (7) days a week between the hours of eight o'clock a.m. and ten o'clock p.m. Central Standard Time (8:00 a.m. – 10:00 p.m. (CST)), except Christmas Day, Thanksgiving Day, and Independence Day, for the purpose of responding to inquiries from dealers for a criminal history record check under this section.
- (i) No public employee, official or agency shall be held criminally or civilly liable for performing the investigations required by this section; provided the employee, official or agency acts in good faith and without malice.
- (j) Upon the determination that receipt of a firearm by a particular individual would not violate this section, and after the issuance of a unique identifying number for the transaction, the Tennessee bureau of investigation shall destroy all records (except the unique identifying number and the date that it was assigned) associating a particular individual with a particular purchase of firearms.
- (k) A law enforcement agency may inspect the records of a gun dealer relating to transfers of firearms in the course of a reasonable inquiry during a criminal investigation or under the authority of a properly authorized subpoena or search warrant.
- (l)
- (1) The following transactions or transfers are exempt from the criminal history record check requirement of subdivision (c)(3):
- (A) Transactions between licensed:
- (i) Importers;
- (ii) Manufacturers;
- (iii) Dealers; and
- (iv) Collectors who meet the requirements of subsection (b) and certify prior to the transaction the legal and licensed status of both parties;
- (B) Transactions or transfers between a licensed importer, licensed manufacturer, or licensed dealer and a bona fide law enforcement agency or the agency's personnel. However, all other requirements of subsection (c) are applicable to a transaction or transfer under this subdivision (l)(1)(B); and
- (C) Transactions by a gun dealer, as defined in subdivision (b)(2), making occasional sales, exchanges, or transfers of firearms that comprise all or part of the gun dealer's personal collection of firearms.
- (2) The burden of proving the legality of any transaction or transfer under this subsection (l) is upon the transferor.
- (m) The director of the Tennessee bureau of investigation is authorized to make and issue all rules and regulations necessary to carry out this section.
- (n) In addition to the other grounds for denial, the bureau shall deny the transfer of a firearm if the background check reveals information indicating that the purchaser has been charged with a crime for which the purchaser, if convicted, would be prohibited under state or federal law from purchasing, receiving, or possessing a firearm; and, either there has been no final disposition of the case, or the final disposition is not noted.
- (o) Upon receipt of the criminal history challenge form indicating a purchaser's request for review of the denial, the bureau shall proceed with efforts to obtain the final disposition information. The purchaser may attempt to assist the bureau in obtaining the final disposition information. If neither the purchaser nor the bureau is able to obtain the final disposition information within fifteen (15) calendar days of the bureau's receipt of the criminal history challenge form, the bureau shall immediately notify the federal firearms licensee that the transaction that was initially denied is now a “conditional proceed.” A “conditional proceed” means that the federal firearms licensee may lawfully transfer the firearm to the purchaser.
- (p) In any case in which the transfer has been denied pursuant to subsection (n), the inability of the bureau to obtain the final disposition of a case shall not constitute the basis for the continued denial of the transfer as long as the bureau receives written notice, signed and verified by the clerk of the court or the clerk's designee, that indicates that no final disposition information is available. Upon receipt of the letter by the bureau, the bureau shall immediately reverse the denial.
- (q)
- (1) It is an offense for a person to purchase or attempt to purchase a firearm knowing that the person is prohibited by state or federal law from owning, possessing or purchasing a firearm.
- (2) It is an offense to sell or offer to sell a firearm to a person knowing that the person is prohibited by state or federal law from owning, possessing or purchasing a firearm.
- (3) It is an offense to transfer a firearm to a person knowing that the person:
- (A) Has been judicially committed to a mental institution or adjudicated as a mental defective unless the person's right to possess firearms has been restored pursuant to title 16; or
- (B) Is receiving inpatient treatment, pursuant to title 33, at a treatment resource, as defined in § 33-1-101, other than a hospital.
- (4) It is an offense for a person to knowingly purchase or attempt to purchase a firearm if the person has been judicially committed to a mental institution or adjudicated as a mental defective.
- (5) A violation of this subsection (q) is a Class A misdemeanor.
- (r) The criminal history records check required by this section shall not apply to an occasional sale of a used or second-hand firearm by a person who is not engaged in the business of importing, manufacturing, or dealing in firearms, pursuant to 18 U.S.C. §§ 921 and 923.
History (19)
- Acts 1989, ch. 591, § 1
- 1993, ch. 372, § 1
- 1994, ch. 1001, §§ 1-6
- 1995, ch. 371, § 1
- 1996, ch. 1075, §§ 1, 2
- 1998, ch. 1071, § 1
- 2001, ch. 396, § 1
- 2005, ch. 482, § 8
- 2006, ch. 920, § 4
- 2009, ch. 102, §§ 1, 2
- 2009, ch. 195, § 2
- 2009, ch. 578, § 9
- 2013, ch. 236, § 36
- 2017, ch. 185, §§ 1, 2
- 2019, ch. 345, § 53
- 2019, ch. 432, § 1
- 2021, ch. 64, § 45
- 2024, ch. 784, § 20
- 2024, ch. 973, § 4.
§ 39-17-1317. Confiscation and disposition of confiscated weapons. - (a)
- (1) Any weapon that is possessed, used, or sold in violation of the law shall be confiscated by a law enforcement officer and declared to be contraband by a court of record exercising criminal jurisdiction.
- (2)
- (A) The sheriff or chief of police for the jurisdiction where the weapon was confiscated may petition the court for permission to dispose of the weapon in accordance with this section.
- (B) If the weapon was confiscated by a judicial district drug task force, then the director of the task force where the weapon was confiscated may petition the court for disposal of the weapon in accordance with this section.
- (C) If the weapon was confiscated by the department of safety, then the commissioner of safety may petition the court for disposal of the weapon in accordance with this section.
- (D) If the weapon was confiscated by the Tennessee bureau of investigation, then the director may petition the court for disposal of the weapon in accordance with this section.
- (b) Any weapon declared contraband, secured by a law enforcement officer or agency after being abandoned, voluntarily surrendered to a law enforcement officer or agency, or obtained by a law enforcement agency, including through a buyback program, shall be, pursuant to a written order of the court:
- (1) Sold in a public sale;
- (2) Used for legitimate law enforcement purposes, at the discretion of the court; or
- (3) Relinquished in accordance with subsection (i).
- (c) If the weapon was confiscated, or obtained after being abandoned and secured, after being voluntarily surrendered, or through a buyback program, by a local law enforcement agency or a judicial district drug task force and if the court orders the weapon to be sold, then:
- (1) It shall be sold at a public auction not later than six (6) months from the date of the court order. The sale shall be conducted by the sheriff of the county or the chief of police of the municipality in which it was seized or obtained;
- (2) The proceeds from the sale shall be deposited in the county or municipal general fund and allocated solely for law enforcement purposes;
- (3) The sale shall be advertised:
- (A) In a daily or weekly newspaper circulated within the county. The advertisement shall run for not less than three (3) editions and not less than thirty (30) days prior to the sale; or
- (B) By posting the sale on a website maintained by the state or a political subdivision of the state not less than thirty (30) days prior to the sale; and
- (4) If required by federal or state law, then the sale can be conducted under contract with a licensed firearm dealer, whose commission shall not exceed twenty percent (20%) of the gross sales price. However, the dealer shall not hold any elective or appointed position within the federal, state, or local government in this state during any stage of the sales contract.
- (d) If the weapon was confiscated, or obtained after being abandoned and secured, after being voluntarily surrendered, or through a buyback program, by the department of safety or the Tennessee bureau of investigation and if the court orders it to be sold, then it shall be turned over to the department of general services, which shall sell the weapon and dispose of the proceeds of the sale in the same manner as it currently does for other confiscated weapons.
- (e) If the court orders the weapon to be retained and used for legitimate law enforcement purposes, then:
- (1) Title to the weapon shall be placed in the law enforcement agency or judicial district drug task force retaining the weapon; and
- (2) When the weapon is no longer needed for legitimate law enforcement purposes, it shall be sold in accordance with this section.
- (f) If the weapon is sold, then the commissioner of safety or the director of the Tennessee bureau of investigation, the sheriff, chief of police, or director of the judicial district drug task force shall file an affidavit with the court issuing the sale order. The affidavit shall:
- (1) Be filed within thirty (30) days after the sale;
- (2) Identify the weapon, including any serial number, and shall state the time, date, and circumstances of the sale; and
- (3) List the name and address of the purchaser and the price paid for the weapon.
- (g) Notwithstanding any other provisions of this section:
- (1) A weapon that may be evidence in an official proceeding shall be retained or otherwise preserved in accordance with the rules or practices regulating the preservation of evidence. The weapon shall be sold or retained for legitimate law enforcement purposes not less than sixty (60) days nor more than one hundred eighty (180) days after the last legal proceeding involving the weapon; provided, that the requirements of subdivision (g)(2) have been met; and
- (2) A law enforcement agency possessing a weapon declared contraband, retained as evidence in an official proceeding, secured after being abandoned, or surrendered by someone other than the owner shall use best efforts to determine whether the weapon has been lost by or stolen or borrowed from an innocent owner, and if so, the agency shall return the weapon to the owner, if ascertainable, unless that person is ineligible to possess, receive, or purchase such weapon under state or federal law.
- (h)
- (1) Except in accordance with this section, no weapon seized by law enforcement officials or judicial district drug task force members shall be used for law enforcement purposes, sold, or destroyed.
- (2) No weapon seized by law enforcement officials or judicial district drug task force members shall be used for any personal use.
- (i) Notwithstanding this section, if the chief of police, sheriff, director of the judicial district drug task force, commissioner of safety, or director of the Tennessee bureau of investigation, depending upon who confiscated or obtained the weapon, certifies to the court that a weapon is inoperable or unsafe, then the court shall order the weapon:
- (1) Destroyed or recycled; or
- (2) Transferred to a museum or historical society that displays such items to the public and is lawfully eligible to receive the weapon.
- (j) A violation of this section is a Class B misdemeanor.
- (k) Nothing in this section shall authorize the purchase of any weapon, the possession of which is otherwise prohibited by law.
- (l)
- (1) The commissioner of safety, the director of the Tennessee bureau of investigation, the executive director of the Tennessee alcoholic beverage commission, the executive head of any local law enforcement agency, or the director of a judicial district drug task force may petition the criminal court or the court in the official's county having criminal jurisdiction for permission to exchange firearms that have previously been properly titled, as specified by this section, to the law enforcement agency or the drug task force for other firearms, ammunition, body armor, or equipment suitable for use for legitimate law enforcement purposes by the law enforcement agency or drug task force.
- (2) The exchange of firearms for the specified items used for legitimate law enforcement purposes is permitted only between the department of safety, the director of the Tennessee bureau of investigation, the executive director of the Tennessee alcoholic beverage commission, a local law enforcement agency, a judicial district drug task force, and a licensed and qualified law enforcement firearms dealer.
- (3) No firearm obtained by a law enforcement agency through a buyback program shall be eligible to be exchanged under this subsection (l).
History (9)
- Acts 1989, ch. 591, § 1
- 1991, ch. 111, §§ 1-6
- 1992, ch. 734, §§ 1-5
- 2006, ch. 798, § 2
- 2009, ch. 116, § 1
- 2010, ch. 629, §§ 1-11
- 2011, ch. 159, § 1
- 2015, ch. 408, § 1
- 2021, ch. 166, § 1.
§ 39-17-1318. New serial numbers for confiscated firearms. - (a) If any firearm confiscated and adjudicated as contraband pursuant to this part or any other law could be sold at public auction or retained by a law enforcement agency for law enforcement as provided in § 39-17-1317, but for the fact that the serial number of the firearm has been defaced or destroyed, the commissioner of safety or the sheriff or chief of police, as appropriate, of the county in which the firearm was confiscated may send the firearm to the director of the Tennessee bureau of investigation. The director shall assign the firearm a new serial number, permanently affix the number to the firearm, record the number in the bureau's computer system, and send the firearm back to the commissioner of safety, the sheriff or chief of police for disposition in accordance with this part.
- (b) If any firearm assigned a new serial number pursuant to subsection (a) is later sold at public auction, ten percent (10%) of the proceeds of the sale shall be returned to the general fund of the state to defray the costs incurred by the director in administering this section.
History (2)
- Acts 1989, ch. 591, § 1
- 1991, ch. 111, §§ 7, 8.
§ 39-17-1319. Handgun possession prohibited — Exceptions. - (a) As used in this section and § 39-17-1320, unless the context otherwise requires:
- (1) “Handgun” means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed twelve inches (12″); and
- (2) “Juvenile” means any person less than eighteen (18) years of age.
- (b) Except as provided in this section, it is an offense for a juvenile to knowingly possess a handgun.
- (c)
- (1) Illegal possession of a handgun by a juvenile is a delinquent act and, in addition to any other disposition authorized by law, the juvenile may be required to perform not more than one hundred (100) hours of community service work to be specified by the judge, and the juvenile's driving privileges shall be suspended for a period of one (1) year in accordance with the procedure set out in title 55, chapter 10, part 7.
- (2) A second or subsequent violation of this section is a delinquent act and, in addition to any other disposition authorized by law, the juvenile may be required to perform not less than one hundred (100) nor more than two hundred (200) hours of community service work to be specified by the judge, and the juvenile's driving privileges shall be suspended for a period of two (2) years in accordance with the procedure set out in title 55, chapter 10, part 7.
- (3) Any handgun illegally possessed in violation of this section shall be confiscated and disposed of in accordance with § 39-17-1317.
- (d)
- (1) It is a defense to prosecution under this section that the juvenile is:
- (A) In attendance at a hunter's safety course or a firearms safety course;
- (B) Engaging in practice in the use of a firearm or target shooting at an established range authorized by the governing body of the jurisdiction in which such range is located or any other area where the discharge of a firearm is not prohibited;
- (C) Engaging in an organized competition involving the use of a firearm, or participating in or practicing for a performance by an organized group which is exempt from federal income taxation under § 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. § 501(c)(3)), as amended, and which uses firearms as part of the performance;
- (D) Hunting or trapping pursuant to a valid license issued to the juvenile pursuant to title 70;
- (E) Accompanied by the juvenile's parent or guardian and is being instructed by the adult or guardian in the use of the handgun possessed by the juvenile;
- (F) On real property which is under the control of an adult and has the permission of that adult and the juvenile's parent or legal guardian to possess a handgun;
- (G) Traveling to or from any activity described in subdivision (d)(1) with an unloaded gun; or
- (H) At the juvenile's residence and with the permission of the juvenile's parent or legal guardian, possesses a handgun and is justified in using physical force or deadly force.
- (2) For purposes of subdivision (d)(1)(G), a handgun is “unloaded” if:
- (A) There is not a cartridge in the chamber of the handgun;
- (B) There is not a cartridge in the cylinder of the handgun if the handgun is a revolver; or
- (C) The handgun, and the ammunition for the handgun, are not carried on the person of a juvenile or are not in such close proximity to the juvenile that the juvenile could readily gain access to the handgun and the ammunition and load the handgun.
- (e) Notwithstanding any other provision of this part to the contrary, this section shall govern a juvenile who possesses a handgun.
§ 39-17-1320. Providing handguns to juveniles — Penalties. - (a) It is an offense for a person intentionally, knowingly or recklessly to provide a handgun with or without remuneration to any person that the person providing the handgun knows or has reason to believe is a juvenile in violation of § 39-17-1319.
- (b) It is an offense for a parent or guardian intentionally, knowingly or recklessly to provide a handgun to a juvenile or permit a juvenile to possess a handgun, if the parent or guardian knows of a substantial risk that the juvenile will use a handgun to commit a felony.
- (c) Unlawfully providing or permitting a juvenile to possess a handgun in violation of subsection (a) is a Class A misdemeanor and in violation of subsection (b) is a Class D felony.
§ 39-17-1321. Possession of handgun while under influence — Penalty. - (a) Notwithstanding whether a person has a permit issued pursuant to § 39-17-1315 or § 39-17-1351 or § 39-17-1366, it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance or controlled substance analogue.
- (b) It is an offense for a person to possess a firearm if the person is both:
- (1) Within the confines of an establishment open to the public where liquor, wine or other alcoholic beverages, as defined in § 57-3-101(a), or beer, as defined in § 57-6-102, are served for consumption on the premises; and
- (2) Consuming any alcoholic beverage listed in subdivision (b)(1).
- (c)
- (1) A violation of this section is a Class A misdemeanor.
- (2) In addition to the punishment authorized by subdivision (c)(1), if the violation is of subsection (a), occurs in an establishment described in subdivision (b)(1), and the person has a handgun permit issued pursuant to § 39-17-1351 or § 39-17-1366, such permit shall be suspended in accordance with § 39-17-1352 for a period of three (3) years.
History (5)
- Acts 1994, ch. 943, § 10
- 1997, ch. 476, § 4
- 2010, ch. 1009, § 2
- 2012, ch. 848, § 22
- 2019, ch. 479, § 16.
§ 39-17-1322. Defenses. - (a) A person shall not be charged with or convicted of a violation under this part if the person possessed, displayed or employed a handgun in justifiable self-defense or in justifiable defense of another during the commission of a crime in which that person or the other person defended was a victim.
- (b) A person who discharges a firearm within the geographical limits of a municipality shall not be deemed to have violated any ordinance in effect or be subject to any citation or fine the municipality may impose for discharging a firearm within the limits of the municipality if it is determined that when the firearm was discharged the person was acting in justifiable self-defense, defense of property, defense of another, or to prevent a criminal offense from occurring.
History (2)
- Acts 1994, ch. 943, § 1
- 2018, ch. 599, § 1.
§ 39-17-1323. Commission of certain offenses while wearing a body vest. - (a) A person commits an offense who knowingly wears a body vest, when acting either alone or with one (1) or more other persons, while committing:
- (1) Any felony whose statutory elements involve the use or threat of violence to a human being;
- (2) Any burglary, car-jacking, theft of a motor vehicle, or arson; or
- (3) Any felony offense involving a controlled substance or controlled substance analogue.
- (b) For purposes of this section, a “body vest” means a bullet-resistant soft armor providing, as a minimum standard, the level of protection known as threat level I which shall mean at least seven (7) layers of bullet-resistant material providing protection from three (3) shots of one hundred fifty-eight-grain lead ammunition fired from a .38 caliber handgun at a velocity of eight hundred fifty feet (850′) per second.
- (c) The unlawful wearing of a body vest is a Class E felony.
- (d) Nothing in this section shall prohibit the possession of a body vest for lawful purposes.
- (e) Any sentence imposed under this section shall run consecutively to any other sentence imposed for the conviction of the underlying offense.
History (2)
- Acts 1997, ch. 321, § 1
- 2012, ch. 848, § 23.
§ 39-17-1324. Offense of possessing firearm or antique firearm during commission or attempt to commit dangerous felony. - (a) It is an offense to possess a firearm or antique firearm with the intent to go armed during the commission of or attempt to commit a dangerous felony.
- (b) It is an offense to employ a firearm or antique firearm during the:
- (1) Commission of a dangerous felony;
- (2) Attempt to commit a dangerous felony;
- (3) Flight or escape from the commission of a dangerous felony; or
- (4) Flight or escape from the attempt to commit a dangerous felony.
- (c) A person may not be charged with a violation of subsection (a) or (b) if possessing or employing a firearm or antique firearm is an essential element of the underlying dangerous felony as charged. In cases where possession or employing a firearm or antique firearm are elements of the charged offense, the state may elect to prosecute under a lesser offense wherein possession or employing a firearm or antique firearm is not an element of the offense.
- (d) A violation of subsection (a) or (b) is a specific and separate offense, which shall be pled in a separate count of the indictment or presentment and tried before the same jury and at the same time as the dangerous felony. The jury shall determine the innocence or guilt of the defendant unless the defendant and the state waive the jury.
- (e)
- (1) A sentence imposed for a violation of subsection (a) or (b) shall be served consecutive to any other sentence the person is serving at the time of the offense or is sentenced to serve for conviction of the underlying dangerous felony.
- (2) A person sentenced for a violation of subsection (a) or (b) shall not be eligible for pretrial diversion pursuant to title 40, chapter 15, judicial diversion pursuant to § 40-35-313, probation pursuant to § 40-35-303, community correction pursuant to title 40, chapter 36, participation in a drug court program or any other program whereby the person is permitted supervised or unsupervised release into the community prior to service of the entire mandatory minimum sentence imposed less allowable sentence credits earned and retained as provided in § 40-35-501(j).
- (f) In a trial for a violation of subsection (a) or (b), where the state is also seeking to have the person sentenced under subdivision (g)(2) or (h)(2), the trier of fact shall first determine whether the person possessed or employed a firearm or antique firearm. If the trier of fact finds in the affirmative, proof of a qualifying prior felony conviction pursuant to this section shall then be presented to the trier of fact.
- (g)
- (1) A violation of subsection (a) is a Class D felony, punishable by a mandatory minimum three-year sentence to the department of correction.
- (2) A violation of subsection (a) is a Class D felony, punishable by a mandatory minimum five-year sentence to the department of correction, if the defendant, at the time of the offense, had a prior felony conviction.
- (h)
- (1) A violation of subsection (b) is a Class C felony, punishable by a mandatory minimum six-year sentence to the department of correction.
- (2) A violation of subsection (b) is a Class C felony, punishable by a mandatory minimum ten-year sentence to the department of correction, if the defendant, at the time of the offense, had a prior felony conviction.
- (i) As used in this section, unless the context otherwise requires:
- (1) “Dangerous felony” means:
- (A) Attempt to commit first degree murder, as defined in §§ 39-12-101 and 39-13-202;
- (B) Attempt to commit second degree murder, as defined in §§ 39-13-210 and 39-12-101;
- (C) Voluntary manslaughter, as defined in § 39-13-211;
- (D) Carjacking, as defined in § 39-13-404;
- (E) Especially aggravated kidnapping, as defined in § 39-13-305;
- (F) Aggravated kidnapping, as defined in § 39-13-304;
- (G) Especially aggravated burglary, as defined in § 39-13-1004;
- (H) Aggravated burglary, as defined in § 39-13-1003;
- (I) Especially aggravated stalking, as defined in § 39-17-315(d);
- (J) Aggravated stalking, as defined in § 39-17-315(c);
- (K) Initiating the process to manufacture methamphetamine, as defined in § 39-17-435;
- (L) A felony involving the sale, manufacture, distribution or possession with intent to sell, manufacture or distribute a controlled substance or controlled substance analogue defined in part 4 of this chapter; or
- (M) Any attempt, as defined in § 39-12-101, to commit a dangerous felony;
- (2)
- (A) “Prior conviction” means that the person serves and is released or discharged from, or is serving, a separate period of incarceration or supervision for the commission of a dangerous felony prior to or at the time of committing a dangerous felony on or after January 1, 2008;
- (B) “Prior conviction” includes convictions under the laws of any other state, government or country that, if committed in this state, would constitute a dangerous felony. If a felony offense in a jurisdiction other than Tennessee is not identified as a dangerous felony in this state, it shall be considered a prior conviction if the elements of the felony are the same as the elements for a dangerous felony; and
- (3) “Separate period of incarceration or supervision” includes a sentence to any of the sentencing alternatives set out in § 40-35-104(c)(3)-(9). A dangerous felony shall be considered as having been committed after a separate period of incarceration or supervision if the dangerous felony is committed while the person was:
- (A) On probation, parole or community correction supervision for a dangerous felony;
- (B) Incarcerated for a dangerous felony;
- (C) Assigned to a program whereby the person enjoys the privilege of supervised release into the community, including, but not limited to, work release, educational release, restitution release or medical furlough for a dangerous felony; or
- (D) On escape status from any correctional institution when incarcerated for a dangerous felony.
- (j) Any person convicted under this section who has a prior conviction under this section shall be sentenced to incarceration with the department of correction for not less than fifteen (15) years. A person sentenced under this subsection (j) shall serve one hundred percent (100%) of the sentence imposed.
History (6)
- Acts 2007, ch. 594, § 1
- 2009, ch. 583, § 1
- 2012, ch. 848, § 24
- 2012, ch. 950, § 1
- 2019, ch. 279, § 4
- 2021, ch. 545, § 9.
§ 39-17-1325. Immunity for failure to adopt policy that prohibits weapons on premises. - (a) A person, business, or other entity that owns, controls, or manages property and has the authority to prohibit weapons on that property by posting, pursuant to § 39-17-1359, shall be immune from civil liability with respect to any claim based on such person's, business's, or other entity's failure to adopt a policy that prohibits weapons on the property by posting pursuant to § 39-17-1359.
- (b) Immunity under subsection (a) does not apply to a person, business, or other entity whose conduct or failure to act is the result of gross negligence or willful or wanton misconduct.
§ 39-17-1326. Private right of action for intentional disclosure of information regarding firearms — Award of damages. - (a) This section and § 39-17-1327 are known and may be cited as the “Firearms Information Privacy Protection Act.”
- (b) If a person intentionally discloses information that the person knows or reasonably should know was unlawfully obtained and that identifies another person as the purchaser or owner of a firearm, firearm ammunition, or firearm accessory for purposes of compiling or facilitating the compilation of a federal firearms registry or database or the confiscation of firearms, then the person disclosing the information is subject to a private right of action by the person whose information was disclosed.
- (c) A court may award the person whose information was disclosed and prevails in an action under this section:
- (1) A minimum of seventy-five thousand dollars ($75,000) in statutory damages per intentional violation of subsection (b);
- (2) Actual damages;
- (3) Punitive damages;
- (4) Other forms of equitable relief; and
- (5) Reasonable costs and attorney fees.
- (d) This section does not apply to information that is provided to a government entity pursuant to § 38-8-116, § 38-8-123, § 39-17-1315, § 39-17-1316, § 39-17-1351, § 39-17-1365, or § 39-17-1366, federal law, or as part of a criminal investigation.
§ 39-17-1327. Unlawful disclosure of information regarding firearms by government personnel. - (a) It is an offense for any personnel, including elected and appointed officials, of this state, a local governmental entity, or a political subdivision of this state, when acting in the person's official capacity or disclosing information obtained in the person's official capacity, to intentionally disclose information that identifies another person as the purchaser or owner of a firearm, firearm ammunition, or firearm accessory for the purpose of:
- (1) Compiling or facilitating the compilation of a federal firearms registry or database; or
- (2) The confiscation of firearms.
- (b) This section does not apply to information that is provided to a government entity pursuant to § 38-8-116, § 38-8-123, § 39-17-1315, § 39-17-1316, § 39-17-1351, § 39-17-1365, or § 39-17-1366, or as part of a criminal investigation.
- (c) A violation of this section is a Class E felony.
§ 39-17-1328. Free firearm locks — Public safety campaign on safe firearm storage. - (a) Subject to appropriations, the department of safety shall provide free firearm locks to a Tennessee resident upon the resident's request. The department of safety shall prominently display on the department's website instructions for requesting free firearm locks.
- (b) The department shall collaborate with the Tennessee bureau of investigation, and other state agencies as the department deems appropriate, to create a public safety campaign dedicated to safe firearm storage using funds specifically appropriated for that purpose during the 2023-2024 fiscal year. It is the legislative intent that one million one hundred thousand dollars ($1,100,000) be appropriated for the department's public safety campaign dedicated to safe firearm storage.
History (1)
- Acts 2023 (1st. Ex. Sess.), ch. 1, § 1.
§ 39-17-1329. Extreme risk protection orders — Preemption of existing laws — Exceptions. - (a) As used in this section, “extreme risk protection order”:
- (1) Means an executive order or a written order or warrant issued by a judge, magistrate, or other judicial officer, with the primary purpose of reducing the risk of firearm-related death or injury by doing one (1) or more of the following:
- (A) Prohibiting a named individual from having under the individual's custody or control, owning, possessing, or receiving a firearm; or
- (B) Removing a firearm from or requiring the surrender of a firearm by a named individual; and
- (2) Does not include an order of protection issued pursuant to title 36, chapter 3, part 6.
- (b) Except as otherwise provided by state law, the general assembly preempts the entire field of legislation regarding extreme risk protection orders to the exclusion of all county, city, town, municipality, or metropolitan government law, ordinances, resolutions, enactments, or regulation.
- (c) A political subdivision of this state is prohibited from accepting a grant or other source of funding for the purpose of implementing an ordinance, rule, executive order, judicial order, or judicial finding that would have the effect of enforcing an extreme risk protection order against a resident of this state.
History (1)
- Acts 2024, ch. 1062, § 1.
§ 39-17-1350. Law enforcement officers permitted to carry firearms — Exceptions — Restrictions — Identification card for corrections officers. - (a) Notwithstanding any law to the contrary, any law enforcement officer may carry firearms at all times and in all places within Tennessee, on-duty or off-duty, regardless of the officer's regular duty hours or assignments, except as provided by subsection (c), federal law, lawful orders of court or the written directives of the executive supervisor of the employing agency.
- (b) The authority conferred by this section is expressly intended to and shall supersede restrictions placed upon law enforcement officers' authority to carry firearms by other sections within this part.
- (c) The authority conferred by this section shall not extend to a law enforcement officer:
- (1) Who is not engaged in the actual discharge of official duties as a law enforcement officer and carries a firearm onto school grounds or inside a school building during regular school hours unless the officer immediately informs the principal that the officer will be present on school grounds or inside the school building and in possession of a firearm. If the principal is unavailable, the notice may be given to an appropriate administrative staff person in the principal's office;
- (2) Who is consuming beer or an alcoholic beverage or who is under the influence of beer, an alcoholic beverage, or a controlled substance or controlled substance analogue; or
- (3) Who is not engaged in the actual discharge of official duties as a law enforcement officer while attending a judicial proceeding.
- (d)
- (1) For purposes of this section, “law enforcement officer” means a person who is a full-time employee of the state in a position authorized by the laws of this state to carry a firearm and to make arrests for violations of some or all of the laws of this state, or a full-time police officer who has been certified by the peace officer standards and training commission, or a commissioned reserve deputy sheriff as authorized in writing by the sheriff, or a commissioned reserve or auxiliary police officer as authorized in writing by the chief of police, or a sheriff who has been certified by the peace officer standards and training commission, or a deputy sheriff employed by a county as a court officer or corrections officer as authorized in writing by the sheriff.
- (2) For purposes of this section, “law enforcement officer” also means an inmate relations coordinator who is employed by the department of correction and has completed the probationary period established for an inmate relations coordinator, a correctional officer who is employed by the department of correction and has completed the probationary period established for a correctional officer, a person employed by the department of correction as a warden, deputy warden, associate warden, correctional administrator, assistant or deputy commissioner, or commissioner who has successfully completed any probationary period if required for those positions and who has successfully completed firearms training in accordance with department of correction standards, which standards shall include, at a minimum, forty (40) hours initial training and eight (8) hours annual in-service training in firearms qualification administered by an instructor with certification from the Tennessee Correction Academy's firearms instructor program or from a police firearms instructor training program conducted or sanctioned by the federal bureau of investigation or the National Rifle Association.
- (3) For purposes of this section, “law enforcement officer” also means a duly elected and sworn constable in a county where constables retain law enforcement powers and duties under § 8-10-108; provided, that the constable receives, at a minimum, forty (40) hours initial training, within one (1) year of election, and eight (8) hours annual in-service training in firearms qualification administered by a certified law enforcement firearms instructor.
- (4)
- (A) For purposes of this section, “law enforcement officer” also means a person who has successfully completed firearms training in accordance with POST certification, which shall include, at a minimum, forty (40) hours initial training and eight (8) hours annual in-service training in firearms qualification administered by a POST-certified firearms training program and is:
- (i) An elected district attorney general;
- (ii) A full-time assistant district attorney general who has been authorized pursuant to subdivision (d)(4)(B);
- (iii) The executive director or deputy director of the district attorneys general conference; or
- (iv) A full-time, pro-tem prosecutor employed by the district attorneys general conference.
- (B) Each elected district attorney general, at such district attorney general's discretion, is authorized to determine if any assistant district attorney general in the district attorney general's office or judicial district is authorized to carry a firearm pursuant to this section.
- (C) The district attorneys general conference shall develop a uniform identification system clearly identifying that a person described in subdivision (d)(4)(A) is qualified under this section to carry a firearm at all times. Persons authorized by this subdivision (d)(4) to carry a firearm under this section shall carry this identification at all times the person is carrying a firearm.
- (5) For purposes of this section, “law enforcement officer” also means a retired law enforcement officer carrying pursuant to §§ 38-8-116 and 39-17-1315.
- (e) In counties having a population of not less than thirty thousand two hundred (30,200) nor more than thirty thousand four hundred seventy-five (30,475) or not less than one hundred eighteen thousand four hundred (118,400) nor more than one hundred eighteen thousand seven hundred (118,700), according to the 1990 federal census or any subsequent federal census, the authority conferred by this section shall only apply to law enforcement officers who are law enforcement officers for those counties or law enforcement officers for municipalities located therein.
- (f)
- (1) The secretary of state shall, in consultation with the commissioner of correction, design and issue to each requesting inmate relations coordinator or correctional officer who is employed by the department of correction and has completed the probationary period established for an inmate relations coordinator or correctional officer, a state identification card certifying that the inmate relations coordinator or correctional officer is authorized to carry a firearm pursuant to this section.
- (2) Any inmate relations coordinator or correctional officer desiring an identification card shall notify the secretary of state and shall provide the inmate relations coordinator's or correctional officer's full name and residential address. Upon receipt of the request, the secretary of state shall notify the commissioner of correction of the request. The commissioner of correction shall verify to the secretary of state whether the requesting inmate relations coordinator or correctional officer is employed by the department of correction and has completed the appropriate probationary period and shall so certify in a letter to be maintained by the secretary.
- (3) If the secretary of state receives certification that a requesting inmate relations coordinator or correctional officer is employed by the department and has completed the appropriate probationary period, the secretary shall issue the inmate relations coordinator or correctional officer an identification card so certifying. The card shall be valid for as long as the inmate relations coordinator or correctional officer remains in the employment of the department of correction.
- (4) An inmate relations coordinator or correctional officer issued a card pursuant to this subsection (f) shall carry the card at all times the inmate relations coordinator or correctional officer is carrying a firearm. The card shall be sufficient proof that the inmate relations coordinator or correctional officer is authorized to carry a firearm pursuant to this section.
- (5) If an inmate relations coordinator or correctional officer who is employed by the department and has completed the appropriate probationary period resigns, is terminated, or is otherwise no longer employed by the department, the commissioner shall, within ten (10) days, so notify the secretary of state. Upon receiving the notice, the secretary of state shall revoke the identification card and send a letter of revocation to the inmate relations coordinator or correctional officer at the coordinator's or officer's last known address.
- (6)
- (A) A person who is no longer an inmate relations coordinator or correctional officer employed by the department of correction but who still has an identification card issued by the secretary of state shall have ten (10) days from receipt of the letter of revocation from the secretary of state to return the card to the secretary.
- (B) It is a Class C misdemeanor punishable by fine only of fifty dollars ($50.00) for a person to knowingly fail to return an identification card as required by subdivision (f)(6)(A).
- (g) Notwithstanding any law to the contrary, a community corrections officer who holds a valid Tennessee handgun carry permit may carry a handgun at all times and in all places in Tennessee while in the course of employment and engaged in the actual discharge of official duties, except as provided by subsection (c), federal law, or lawful orders of court. This subsection applies to community corrections officers employed in counties having a population, according to the 2010 federal census or any subsequent federal census of:
-
-
- 6,800 6,900
- 19,100 19,150
- 22,600 22,675
- 32,200 32,300
- 51,400 51,500
- 56,800 56,900
-
History (15)
- Acts 2000, ch. 988, § 1
- 2001, ch. 175, § 1
- 2002, ch. 682, § 1
- 2009, ch. 605, § 1
- 2010, ch. 631, §§ 1, 2
- 2010, ch. 895, § 1
- 2012, ch. 603, § 2
- 2012, ch. 848, § 25
- 2016, ch. 641, § 1
- 2016, ch. 746, § 1
- 2017, ch. 447, § 1
- 2018, ch. 828, § 1
- 2019, ch. 92, § 1
- 2020, ch. 599, § 1
- 2024, ch. 1065, § 1.
§ 39-17-1351. Enhanced handgun carry permit. - (a) The citizens of this state have a right to keep and bear arms for their common defense; but the general assembly has the power, by law, to regulate the wearing of arms with a view to prevent crime.
- (b) Except as provided in subsection (r), any resident of Tennessee who is a United States citizen or lawful permanent resident, as defined by § 55-50-102, may apply to the department of safety for an enhanced handgun carry permit. If the applicant is not prohibited from possessing a firearm in this state pursuant to § 39-17-1307(b), 18 U.S.C. § 922(g), or any other state or federal law, and the applicant otherwise meets all of the requirements of this section, the department shall issue a permit to the applicant; provided:
- (1) The applicant is at least twenty-one (21) years of age; or
- (2) The applicant is at least eighteen (18) years of age; and
- (A)
- (i) Is an honorably discharged or retired veteran of the United States armed forces; and
- (ii) Includes with the application a certified copy of the applicant's certificate of release or discharge from active duty, department of defense form 214 (DD 214);
- (B)
- (i) Is an honorably discharged member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program; and
- (ii) Includes with the application a certified copy of the applicant's honorable discharge certificate, department of defense form 256 (DD 256), or report of separation and record of service, NGB form 22, that indicates an honorable discharge characterization; or
- (C)
- (i) Is a member of the United States armed forces on active duty status or is a current member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program; and
- (ii) Includes with the application a military identification card or such other document as the commissioner designates as sufficient proof that the applicant is an active duty member of the military or a current member of the national guard or United States military reserve, who has successfully completed a basic training program.
- (c) The application for a permit shall be on a standard form developed by the department. The application shall clearly state in bold face type directly above the signature line that an applicant who, with intent to deceive, makes any false statement on the application commits the felony offense of perjury pursuant to § 39-16-702. The following are eligibility requirements for obtaining an enhanced handgun carry permit and the application shall require the applicant to disclose and confirm compliance with, under oath, the following information concerning the applicant and the eligibility requirements:
- (1) Full legal name and any aliases;
- (2) Addresses for the last five (5) years;
- (3) Date of birth;
- (4) Social security number;
- (5) Physical description (height, weight, race, sex, hair color and eye color);
- (6) That the applicant has not been convicted of a criminal offense that is designated as a felony, or that is one of the disqualifying misdemeanors set out in subdivisions (c)(11), (c)(16), or (c)(18), with the exception of any federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade or other similar offenses relating to the regulations of business practices;
- (7) That the applicant is not currently under indictment or information for any criminal offense that is designated as a felony, or that is one of the disqualifying misdemeanors set out in subdivisions (c)(11), (c)(16), or (c)(18), with the exception of any federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade or other similar offenses relating to the regulations of business practices;
- (8) That the applicant is not currently subject to any order of protection and, if so, the applicant shall provide a copy of the order;
- (9) That the applicant is not a fugitive from justice;
- (10) That the applicant is not an unlawful user of or addicted to alcohol, any controlled substance or controlled substance analogue, and the applicant has not been either:
- (A) A patient in a rehabilitation program pursuant to a court order or hospitalized for alcohol, controlled substance or controlled substance analogue abuse or addiction pursuant to a court order within ten (10) years from the date of application; or
- (B) A voluntary patient in a rehabilitation program or voluntarily hospitalized for alcohol, controlled substance or controlled substance analogue abuse or addiction within three (3) years from the date of application;
- (11) That the applicant has not been convicted of the offense of driving under the influence of an intoxicant in this or any other state two (2) or more times within ten (10) years from the date of the application and that none of the convictions has occurred within five (5) years from the date of application or renewal;
- (12) That the applicant has not been adjudicated as a mental defective, has not been judicially committed to or hospitalized in a mental institution pursuant to title 33, has not had a court appoint a conservator for the applicant by reason of a mental defect, has not been judicially determined to be disabled by reason of mental illness, developmental disability or other mental incapacity, and has not, within seven (7) years from the date of application, been found by a court to pose an immediate substantial likelihood of serious harm, as defined in title 33, chapter 6, part 5, because of mental illness;
- (13) That the applicant is not an alien and is not illegally or unlawfully in the United States;
- (14) That the applicant has not been discharged from the armed forces under dishonorable conditions;
- (15) That the applicant has not renounced the applicant's United States citizenship;
- (16) That the applicant has not been convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921;
- (17) That the applicant is not receiving social security disability benefits by reason of alcohol dependence, drug dependence or mental disability;
- (18) That the applicant has not been convicted of the offense of stalking; and
- (19) If the applicant is under twenty-five (25) years of age, that the applicant is not currently prohibited from purchasing or possessing a firearm as a result of having been adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted one (1) or more of the following offenses:
- (A) Aggravated assault, as defined in § 39-13-102;
- (B) Aggravated assault against a first responder or nurse, as defined in § 39-13-116;
- (C) A violation of chapter 13, part 2, of this title;
- (D) A violation of chapter 13, part 4, of this title;
- (E) A violation of chapter 13, part 10, of this title;
- (F) Aggravated cruelty to animals, as defined in § 39-14-212;
- (G) A threat of mass violence, as defined in § 39-16-517; or
- (H) A violation of this title involving the use or display of a firearm.
- (d)
- (1) In addition to the information required under subsection (c), the applicant shall be required to provide two (2) full sets of classifiable fingerprints at the time the application is filed with the department. The applicant's fingerprints may be taken by the department at the time the application is submitted or the applicant may have the fingerprints taken at any sheriff's office and submit the fingerprints to the department along with the application and other supporting documents. The sheriff may charge a fee not to exceed five dollars ($5.00) for taking the applicant's fingerprints. At the time an applicant's fingerprints are taken either by the department or a sheriff's office, the applicant shall be required to present a photo identification. If the person requesting fingerprinting is not the same person as the person whose picture appears on the photo identification, the department or sheriff shall refuse to take the fingerprints. The department shall also be required to photograph the applicant in a manner that is suitable for use on the permit.
- (2) An applicant shall also be required to present a photo identification to the department at the time of filing the application. If the name on the photo identification, name on the application and name on the fingerprint card, if taken by a sheriff, are not the same, the department shall refuse to accept the application. If the person whose picture appears on the photo identification is not the same as the applicant, the department shall refuse to accept the application.
- (e) The department shall also require an applicant to submit proof of the successful completion of a department approved handgun safety course within one (1) year of the date of application. Any form created by the department to show proof of the successful completion of a department approved handgun safety course shall not require the applicant to provide the applicant's social security number. Any instructor of a department approved handgun safety course shall not withhold proof of the successful completion of the course solely on the fact the applicant did not disclose the applicant's social security number. The course shall include both classroom hours and firing range hours; provided, that an applicant shall not be required to comply with the firing range requirements if the applicant submits proof to the department that the applicant has successfully passed small arms qualification training or combat pistol training in any branch of the United States armed forces. Beginning September 1, 2010, and thereafter, a component of the classroom portion of all department-approved handgun safety courses shall be instruction on alcohol and drugs, the effects of those substances on a person’s reflexes, judgment and ability to safely handle a firearm, and § 39-17-1321. Beginning October 1, 2023, all department-approved handgun safety courses shall include instruction on the safe storage of firearms; provided, however, that a course that was approved by the department prior to October 1, 2023, may continue to provide instruction in the same manner under which the course was previously approved. A person who has obtained an enhanced handgun carry permit prior to October 1, 2023, is not required by this subsection (e) to take an additional handgun safety course. An applicant shall not be required to comply with the firing range and classroom hours requirements of this subsection (e) if the applicant submits proof to the department that within five (5) years from the date the application for an enhanced handgun carry permit is filed the applicant has:
- (1) Been certified by the peace officer standards and training commission;
- (2) Successfully completed training at the law enforcement training academy;
- (3) Successfully completed the firearms training course required for armed security guard/officer registration, pursuant to § 62-35-118(b);
- (4) Successfully completed all handgun training of not less than four (4) hours as required by any branch of the military; provided, however, that an applicant who seeks waiver of the training course pursuant to this subdivision (e)(4) may have completed the military handgun training at any time prior to submission of proof; or
- (5) Successfully completed Tennessee department of correction firearms qualification.
- (f) The department shall make applications for permits available for distribution at any location where the department conducts driver license examinations.
- (g)
- (1) Upon receipt of a permit application, the department shall:
- (A) Forward two (2) full sets of fingerprints of the applicant to the Tennessee bureau of investigation; and
- (B) Send a copy of the application to the sheriff of the county in which the applicant resides.
- (2) Within thirty (30) days of receiving an application, the sheriff shall provide the department with any information concerning the truthfulness of the applicant's answers to the eligibility requirements of subsection (c) that is within the knowledge of the sheriff.
- (h) Upon receipt of the fingerprints from the department, the Tennessee bureau of investigation shall:
- (1) Within thirty (30) days from receipt of the fingerprints, conduct computer searches to determine the applicant's eligibility for a permit under subsection (c) as are available to the bureau based solely upon the applicant's name, date of birth and social security number and send the results of the searches to the department;
- (2) Conduct a criminal history record check based upon one (1) set of the fingerprints received and send the results to the department; and
- (3) Send one (1) set of the fingerprints received from the department to the federal bureau of investigation, request a federal criminal history record check based upon the fingerprints, as long as the service is available, and send the results of the check to the department.
- (i) The department shall deny a permit application if it determines from information contained in the criminal history record checks conducted by the Tennessee and federal bureaus of investigation pursuant to subsection (h), from information received from the clerks of court regarding individuals adjudicated as a mental defective or judicially committed to a mental institution pursuant to title 33, or from other information that comes to the attention of the department, that the applicant does not meet the eligibility requirements of this section. The department shall not be required to confirm the applicant's eligibility for a permit beyond the information received from the Tennessee and federal bureaus of investigation, the clerks of court and the sheriffs, if any.
- (j) The department shall not deny a permit application if:
- (1) The existence of any arrest or other records concerning the applicant for any indictment, charge or warrant have been judicially or administratively expunged;
- (2) An applicant's conviction has been set aside by a court of competent jurisdiction;
- (3) The applicant, who was rendered infamous or deprived of the rights of citizenship by judgment of any state or federal court, has had the applicant's full rights of citizenship duly restored pursuant to procedures set forth within title 40, chapter 29, or other federal or state law; provided, however, that this subdivision (j)(3) shall not apply to any person who has been convicted of a felony crime of violence, an attempt to commit a felony crime of violence, a felony drug offense, or a felony offense involving use of a deadly weapon; or
- (4) The applicant, who was adjudicated as a mental defective or judicially committed to a mental institution, as defined in § 39-17-1301, has had the applicant's firearm disability removed by an order of the court pursuant to title 16, and either a copy of that order has been provided to the department by the TBI or a certified copy of that court order has been provided to the department by the applicant.
- (k) If the department denies an application, the department shall notify the applicant in writing within ten (10) days of the denial. The written notice shall state the specific factual basis for the denial. It shall include a copy of any reports, records or inquiries reviewed or relied upon by the department.
- (l) The department shall issue a permit to an applicant not prohibited from obtaining a permit under this section no later than ninety (90) days after the date the department receives the application. A permit issued prior to the department's receipt of the Tennessee and federal bureaus of investigation's criminal history record checks based upon the applicant's fingerprints shall be subject to immediate revocation if either record check reveals that the applicant is not eligible for a permit pursuant to this section.
- (m) A permit holder shall not be required to complete a handgun safety course to maintain or renew an enhanced handgun carry permit. No permit holder shall be required to complete any additional handgun safety course after obtaining an enhanced handgun carry permit. No person shall be required to complete any additional handgun safety course if the person applies for a renewal of an enhanced handgun carry permit within eight (8) years from the date of expiration.
- (n)
- (1) Except as provided in subdivision (n)(2) and subsection (x), a permit issued pursuant to this section shall be good for eight (8) years and shall entitle the permit holder to carry any handgun or handguns that the permit holder legally owns or possesses. The permit holder shall have the permit in the holder's immediate possession at all times when carrying a handgun in a location or manner that would be prohibited if not for the person's status as an enhanced handgun carry permit holder and shall display the permit on demand of a law enforcement officer under such circumstances.
- (2) A Tennessee permit issued pursuant to this section to a person who is in or who enters into the United States armed forces shall continue in effect for so long as the person's service continues and the person is stationed outside this state, notwithstanding the fact that the person may be temporarily in this state on furlough, leave, or delay en route, and for a period not to exceed sixty (60) days following the date on which the person is honorably discharged or separated from service or returns to this state on reassignment to a duty station in this state, unless the permit is sooner suspended, cancelled or revoked for cause as provided by law. The permit is valid only when in the immediate possession of the permit holder and the permit holder has in the holder's immediate possession the holder's discharge or separation papers, if the permit holder has been discharged or separated from the service.
- (3) After the initial issuance of an enhanced handgun carry permit, the department shall conduct a name-based criminal history record check every four (4) years or upon receipt of an application.
- (o)
- (1) The permit shall be issued on a wallet-sized card of the same approximate size as is used by this state for driver licenses and shall contain only the following information concerning the permit holder:
- (A) The permit holder's name, address and date of birth;
- (B) A description of the permit holder by sex, height, weight and eye color;
- (C) A visible full face photograph of the permit holder; and
- (D) The permit number, issuance date, and expiration date.
- (2) The following language must be printed on the back of the card: This permit is valid beyond the expiration date if the permit holder can provide documentation of the holder's active military status and duty station outside Tennessee.
- (p)
- (1) Except as provided in subsection (x), the department shall charge an application and processing fee of one hundred dollars ($100). The fee shall cover all aspects of processing the application and issuing a permit. In addition to any other portion of the permit application fee that goes to the Tennessee bureau of investigation, fifteen dollars ($15.00) of the fee shall go to the bureau for the sole purpose of updating and maintaining its fingerprint criminal history data base. By February 1 of each year the bureau shall provide documentation to the judiciary committee of the senate and the criminal justice committee of the house of representatives that the extra fifteen dollars ($15.00) is being used exclusively for the intended purposes. The documentation shall state in detail how the money earmarked for fingerprint data base updating and maintenance was spent, the number and job descriptions of any employees hired and the type and purpose of any equipment purchased. Any person, who has been honorably discharged from any branch of the United States armed forces or who is on active duty in any branch of the armed forces or who is currently serving in the national guard or armed forces reserve, and who makes initial application for an enhanced handgun carry permit shall be required to pay only that portion of the initial application fee that is necessary to conduct the required criminal history record checks.
- (2) The provisions of subdivision (p)(1) increasing each permit application fee by fifteen dollars ($15.00) for the purpose of fingerprint data base updating and maintenance shall not take effect if the general appropriation act provides a specific appropriation in the amount of two hundred fifty thousand dollars ($250,000), to defray the expenses contemplated in subdivision (p)(1). If the appropriation is not included in the general appropriations act, the fifteen dollar ($15.00) permit fee increase imposed by subdivision (p)(1) shall take effect on July 1, 1997, the public welfare requiring it.
- (3) Beginning July 1, 2008, fifteen dollars ($15.00) of the fee established in subdivision (p)(1) shall be submitted to the sheriff of the county where the applicant resides for the purpose of verifying the truthfulness of the applicant's answers as provided in subdivision (g)(1).
- (4)
- (A) Subject to appropriations in the general appropriations act, the department is authorized to utilize the application and processing fee received under subdivision (p)(1) to pay reimbursements to an approved handgun safety school of up to thirty dollars ($30.00) for each person who, for the first time, completes a handgun safety course meeting the requirements set forth in subsection (e) on or after January 1, 2024, subject to the requirements established by the department to seek reimbursement.
- (B) A reimbursement issued to an approved handgun safety school pursuant to this subdivision (p)(4) must be used to offset the costs of the handgun safety course for the person taking the course.
- (C) The department may reimburse a handgun safety school pursuant to this subdivision (p)(4), regardless of whether the person taking the handgun safety course has applied for an enhanced handgun carry permit.
- (D)
- (i) The department shall annually provide information to licensed federal firearms dealers in this state, through cooperation with the Tennessee bureau of investigation and other state agencies, on handgun safety training courses provided to residents of this state and approved by the department.
- (ii)
- (a) A licensed federal firearms dealer in this state may display in a prominent location where firearms are sold, a sign containing the following information:
-
- HANDGUN SAFETY TRAINING
- THE STATE OF TENNESSEE WILL PAY $30.00
- YOUR COST:______
- COURSE AVAILABLE AT
- (Name, Address, and Telephone Number of Approved Entity or
- Entities Providing the Course)
- HANDGUN PURCHASE NOT REQUIRED.
-
- (b) The department may make a template of the sign available on the department's website.
- (iii) A licensed federal firearms dealer may also provide the information contained in the sign pursuant to subdivision (p)(4)(D)(ii)(a) in the form of a flyer.
- (iv) The department shall provide information on approved handgun safety training courses provided to residents of this state at minimal cost pursuant to this section on the department's website.
- (E) By February 1, 2025, the department shall report to the chair of the judiciary committee of the senate and the chair of the criminal justice committee of the house of representatives the number of handgun safety courses provided to persons during the preceding year pursuant to this subdivision (p)(4).
- (F) This subdivision (p)(4) is repealed January 1, 2025.
- (q)
- (1) Prior to the expiration of a permit, a permit holder may apply to the department for the renewal of the permit by submitting, under oath, a renewal application with a renewal fee of fifty dollars ($50.00). The renewal application shall be on a standard form developed by the department of safety and shall require the applicant to disclose, under oath, the information concerning the applicant as set forth in subsection (c), and shall require the applicant to certify that the applicant still satisfies all the eligibility requirements of this section for the issuance of a permit. In the event the permit expires prior to the department's approval or issuance of notice of denial regarding the renewal application, the permit holder shall be entitled to continue to use the expired permit; provided, however, that the permit holder shall also be required to prove by displaying a receipt for the renewal application fee that the renewal application was delivered to the department prior to the expiration date of the permit. The department is authorized to contract with a local government agency for the provision of any service related to the renewal of enhanced handgun carry permits, subject to applicable contracting statutes and regulations. An agency contracting with the department is authorized to charge an additional fee of four dollars ($4.00) for each renewal application, which shall be retained by the agency for administrative costs.
- (2)
- (A) A person may renew that person's enhanced handgun carry permit beginning six (6) months prior to the expiration date on the face of the card, and, if the permit is not expired, the person shall only be required to comply with the renewal provisions of subdivision (q)(1).
- (B) Any person who applies for renewal of that person's enhanced handgun carry permit after the expiration date on the face of the card shall only be required to comply with the renewal provisions of subdivision (q)(1) unless the permit has been expired for more than eight (8) years.
- (C) Any person who applies for renewal of an enhanced handgun carry permit when the permit has been expired for more than eight (8) years, shall, for all purposes, be considered a new applicant.
- (3) If a person whose enhanced handgun carry permit remained valid pursuant to subdivision (n)(2) because the person was in the United States armed forces applies for a renewal of the permit within eight (8) years of the expiration of the sixty (60) day period following discharge, separation, or return to this state on reassignment to a duty station in this state as provided in subdivision (n)(2), the person shall only be required to comply with the renewal provisions of subdivision (q)(1). If the renewal application is filed eight (8) years or more from expiration of the sixty (60) day period following the date of honorable discharge, separation, or return to this state on reassignment to a duty station in this state, the person shall, for all purposes, be considered a new applicant.
- (r)
- (1) A facially valid handgun permit, firearms permit, weapons permit or license issued by another state shall be valid in this state according to its terms and shall be treated as if it is a handgun permit issued by this state; provided, however, this subsection (r) shall not be construed to authorize the holder of any out-of-state permit or license to carry, in this state, any firearm or weapon other than a handgun.
- (2) For a person to lawfully carry a handgun in this state based upon a permit or license issued in another state, the person must be in possession of the permit or license at all times the person carries a handgun in this state.
- (3)
- (A) The commissioner of safety shall enter into written reciprocity agreements with other states that require the execution of the agreements. The commissioner of safety shall prepare and publicly publish a current list of states honoring permits issued by the state of Tennessee and shall make the list available to anyone upon request. The commissioner of safety shall also prepare and publicly publish a current list of states who, after inquiry by the commissioner, refuse to enter into a reciprocity agreement with this state or honor enhanced handgun carry permits issued by this state. To the extent that any state may impose conditions in the reciprocity agreements, the commissioner of safety shall publish those conditions as part of the list. If another state imposes conditions on Tennessee permit holders in a reciprocity agreement, the conditions shall also become a part of the agreement and apply to the other state's permit holders when they carry a handgun in this state.
- (B) If a person with a handgun permit from another state decides to become a resident of Tennessee, the person must obtain a Tennessee handgun permit within six (6) months of establishing residency in Tennessee. The permit may be issued based on the person having a permit from another state provided the other state has substantially similar permit eligibility requirements as this state. However, if during the six-month period the person applies for a handgun permit in this state and the application is denied, the person shall not be allowed to carry a handgun in this state based upon the other state's permit.
- (C)
- (i) If a person who is a resident of and handgun permit holder in another state is employed in this state on a regular basis and desires to carry a handgun in this state, the person shall have six (6) months from the last day of the sixth month of regular employment in this state to obtain a Tennessee enhanced handgun carry permit. The permit may be issued based on the person having a permit from another state provided the other state has substantially similar permit eligibility requirements as this state. However, if during the six-month period the person applies for a handgun permit in this state and the application is denied, the person shall not be allowed to carry a handgun in this state based upon the other state's permit.
- (ii) This subdivision (r)(3)(C) shall not apply if the state of residence of the person employed in Tennessee has entered into a handgun permit reciprocity agreement with this state pursuant to this subsection (r).
- (iii) As used in this subdivision (r)(3)(C), “employed in this state on a regular basis” means a person has been gainfully employed in this state for at least thirty (30) hours a week for six (6) consecutive months not counting any absence from employment caused by the employee's use of sick leave, annual leave, administrative leave or compensatory time.
- (s)
- (1) The department shall make available, on request and payment of a reasonable fee to cover the costs of copying, a statistical report that includes the number of permits issued, denied, revoked, or suspended by the department during the preceding month, listed by age, gender and zip code of the applicant or permit holder and the reason for any permit revocation or suspension. The report shall also include the cost of the program, the revenues derived from fees, the number of violations of the enhanced handgun carry permit law, and the average time for issuance of an enhanced handgun carry permit. By January 1 of each year, a copy of the statistical reports for the preceding calendar year shall be provided to each member of the general assembly.
- (2)
- (A) The department shall maintain statistics related to responses by law enforcement agencies to incidents in which a person who has a permit to carry a handgun under this section is arrested and booked for any offense.
- (B) The department by rule promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, shall adopt procedures for state and local law enforcement officials to report the information required by subdivision (s)(2)(A) to the department.
- (t) Any law enforcement officer of this state or of any county or municipality may, within the realm of the officer's lawful jurisdiction and when the officer is acting in the lawful discharge of the officer's official duties, disarm a permit holder at any time when the officer reasonably believes it is necessary for the protection of the permit holder, officer or other individual or individuals. The officer shall return the handgun to the permit holder before discharging the permit holder from the scene when the officer has determined that the permit holder is not a threat to the officer, to the permit holder, or other individual or individuals; provided, that the permit holder has not violated any provision of this section and provided the permit holder has not committed any other violation that results in the arrest of the permit holder.
- (u) Substantial compliance with the requirements of this section shall provide the department and any political subdivision thereof with immunity from civil liability alleging liability for issuance of the permit.
- (v) Any permit issued pursuant to this section shall be deemed a “license” within the meaning of title 36, chapter 5, part 7, dealing with the enforcement of child support obligations through license denial and revocation.
- (w)
- (1) Notwithstanding any other law or rule to the contrary, neither the department nor an instructor or employee of a department approved handgun safety course is authorized to require any applicant for an enhanced handgun carry permit to furnish or reveal identifying information concerning any handgun the applicant owns, possesses or uses during the safety course in order to apply for or be issued the permit.
- (2) For purposes of subdivision (w)(1), “identifying information concerning any handgun” includes, but is not limited to, the serial number, model number, make of gun or manufacturer, type of gun, such as revolver or semi-automatic, caliber or whether the applicant owns the handgun used for the safety course.
- (x)
- (1) Any resident of Tennessee who is a United States citizen or lawful permanent resident, as defined by § 55-50-102, who has reached twenty-one (21) years of age, may apply to the department of safety for a lifetime enhanced handgun carry permit. If the applicant is not prohibited from purchasing or possessing a firearm in this state pursuant to § 39-17-1316 or § 39-17-1307(b), 18 U.S.C. § 922(g), or any other state or federal law, and the applicant otherwise meets all of the requirements of this section, the department shall issue a permit to the applicant. The lifetime enhanced handgun carry permit shall entitle the permit holder to carry any handgun or handguns the permit holder legally owns or possesses and shall entitle the permit holder to any privilege granted to enhanced handgun carry permit holders. The requirements imposed on enhanced handgun carry permit holders by this section shall also apply to lifetime enhanced handgun carry permit holders.
- (2) The department shall charge an application and processing fee for a lifetime enhanced handgun carry permit equal to the application and processing fee charged under subsection (p) plus a lifetime enhanced handgun carry permit fee of two hundred dollars ($200); provided, however, that a permit holder who is applying for the renewal of an enhanced handgun carry permit under subsection (q) may instead obtain a lifetime enhanced handgun carry permit by submitting to the department a fee of two hundred dollars ($200). The application process shall otherwise be the same as the application process for an enhanced handgun carry permit as set out in this section. Any funds from the fees paid pursuant to this subdivision (x)(2) that are not used for processing applications and issuing permits shall be retained by the department to fund any necessary system modifications required to create a lifetime enhanced handgun carry permit and monitor the eligibility of lifetime enhanced handgun carry permit holders as required by subdivision (x)(3).
- (3) A lifetime enhanced handgun carry permit shall not expire and shall continue to be valid for the life of the permit holder unless the permit holder no longer meets the requirements of this section. A lifetime enhanced handgun carry permit shall not be subject to renewal; provided, however, that every five (5) years after issuance of the lifetime enhanced handgun carry permit, the department shall conduct a criminal history record check in the same manner as required for enhanced handgun carry permit renewals. Upon discovery that a lifetime enhanced handgun carry permit holder no longer satisfies the requirements of this section, the department shall suspend or revoke the permit pursuant to § 39-17-1352.
- (4)
- (A) If the lifetime enhanced handgun carry permit holder's permit is suspended or revoked, the permit holder shall deliver, in person or by mail, the permit to the department within thirty (30) days of the suspension or revocation.
- (B) If the department does not receive the lifetime enhanced handgun carry permit holder's suspended or revoked permit within thirty (30) days of the suspension or revocation, the department shall send notice to the permit holder that:
- (i) The permit holder has thirty (30) days from the date of the notice to deliver the permit, in person or by mail, to the department; and
- (ii) If the permit holder fails to deliver the suspended or revoked permit to the department within thirty (30) days of the date of the notice, the department will suspend the permit holder's driver license.
- (C) If the department does not receive the lifetime enhanced handgun carry permit holder's suspended or revoked permit within thirty (30) days of the date of the notice provided by the department, the department shall suspend the permit holder's driver license in the same manner as provided in § 55-50-502.
- (5) The total fee required by subdivision (x)(2) shall be waived if the applicant:
- (A) Is a retired federal, state, or local law enforcement officer, as defined in § 39-11-106;
- (B) Served for at least ten (10) years prior to retirement and was POST-certified, or had equivalent training, on the date the officer retired;
- (C) Was in good standing at the time of leaving the law enforcement agency, as certified by the chief law enforcement officer or designee of the organization that employed the applicant; and
- (D) Is a resident of this state on the date of the application.
- (y) An applicant shall not be required to comply with the firing range requirements of this section if the applicant:
- (1) Is an active duty service member or honorably discharged or retired veteran of the United States armed forces;
- (2) Has a military occupational specialty, special qualification identifier, skill identifier, specialty code, or rating that identifies a service qualification in military police, special operations, or special forces; and
- (3) Presents to the department a certified copy of the applicant's certificate of release or discharge from active duty, department of defense form 214 (DD 214), or other official documentation that provides proof of the service criteria required under this subsection (y).
History (45)
- Acts 1996, ch. 905, § 3
- 1997, ch. 476, § 1
- 2000, ch. 947, § 8C
- 2001, ch. 218, § 1
- 2002, ch. 601, § 1
- 2003, ch. 300, §§ 1, 2
- 2003, ch. 349, §§ 1, 2
- 2004, ch. 483, §§ 1, 2
- 2004, ch. 776, § 1
- 2005, ch. 343, § 1
- 2005, ch. 423, § 1
- 2008, ch. 1174, § 1
- 2009, ch. 101, § 1
- 2009, ch. 433, § 1
- 2009, ch. 578, §§ 10, 11
- 2010, ch. 1009, § 4
- 2012, ch. 848, §§ 26, 27
- 2013, ch. 236, § 35
- 2013, ch. 270, § 1
- 2014, ch. 866, §§ 1, 2
- 2015, ch. 281, §§ 1-3
- 2015, ch. 459, § 5
- 2016, ch. 736, §§ 1-8
- 2016, ch. 875, § 1
- 2016, ch. 903, § 1
- 2016, ch. 925, § 1
- 2016, ch. 1037, § 1
- 2017, ch. 159, § 1
- 2017, ch. 247, § 1
- 2018, ch. 690, § 1
- 2018, ch. 865, § 1
- 2018, ch. 903, §§ 3, 5
- 2019, ch. 109, § 1
- 2019, ch. 345, § 54
- 2019, ch. 367, § 1
- 2019, ch. 396, § 1
- 2019, ch. 479, §§ 3, 4
- 2020, ch. 804, § 1
- 2021, ch. 64, § 46
- 2021, ch. 108, § 6
- 2021, ch. 195, § 1
- 2021, ch. 219, §§ 8, 9
- 2023, ch. 445, § 1
- 2023 (1st. Ex. Sess.), ch. 1, § 2
- 2024, ch. 973, § 10.
§ 39-17-1352. Suspension or revocation of license. - (a) The department shall suspend or revoke a handgun permit upon a showing by its records or other sufficient evidence that the permit holder:
- (1) Is prohibited from purchasing a handgun under applicable state or federal law;
- (2) Has not accurately disclosed any material information required by § 39-17-1351 or § 39-17-1366;
- (3) Poses a material likelihood of risk of harm to the public;
- (4) Has been arrested for a felony crime of violence, an attempt to commit a felony crime of violence, a felony involving the use of a deadly weapon, or a felony drug offense;
- (5) Has been convicted of a felony;
- (6) Has violated any other provision of §§ 39-17-1351 — 39-17-1360 or § 39-17-1366;
- (7) Has at any time committed an act or omission or engaged in a pattern of conduct that would render the permit holder ineligible to apply for or obtain a permit under the eligibility requirements of § 39-17-1351 or § 39-17-1366;
- (8) Has been convicted of domestic assault as defined in § 39-13-111, or any other misdemeanor crime of domestic violence and is still subject to the disabilities of such a conviction;
- (9) Is subject to a current order of protection that fully complies with 18 U.S.C. § 922(g)(8);
- (10) Has been judicially committed to a mental institution pursuant to title 33, chapter 6 or title 33, chapter 7 or has been adjudicated as a mental defective; or
- (11) Is under twenty-five (25) years of age and is currently prohibited from possessing a firearm as a result of having been adjudicated delinquent on or after July 1, 2024, for an act which, if committed by an adult, would have constituted one (1) or more of the following offenses:
- (A) Aggravated assault, as defined in § 39-13-102;
- (B) Aggravated assault against a first responder or nurse, as defined in § 39-13-116;
- (C) A violation of chapter 13, part 2, of this title;
- (D) A violation of chapter 13, part 4, of this title;
- (E) A violation of chapter 13, part 10, of this title;
- (F) Aggravated cruelty to animals, as defined in § 39-14-212;
- (G) A threat of mass violence, as defined in § 39-16-517; or
- (H) A violation of this title involving the use or display of a firearm.
- (b)
- (1) It is an offense for a permit holder to knowingly fail or refuse to surrender to the department a suspended or revoked handgun permit within ten (10) days from the date appearing on the notice of suspension or revocation sent to such permit holder by the department.
- (2) A violation of this subsection (b) is a Class A misdemeanor.
- (c)
- (1) Upon the suspension or revocation of a permit, the department shall send notice of the suspension or revocation to the permit holder and the appropriate local law enforcement officers. The notice shall state the following:
- (A) That the permit has been immediately suspended or revoked;
- (B) That the permit holder must surrender the permit to the department within ten (10) days of the date appearing on the notice;
- (C) That it is a Class A misdemeanor punishable by up to one (1) year in jail for the permit holder to knowingly fail or refuse to surrender the permit to the department within the ten-day period;
- (D) That if the permit holder does not surrender the suspended or revoked permit within the ten-day period, a law enforcement officer will be directed to take possession of the permit; and
- (E) That the permit holder has thirty (30) days from the date appearing on the notice of suspension or revocation to request a hearing on the suspension or revocation.
- (2) If the permit holder fails to surrender the suspended or revoked permit as required by this section, the department shall issue authorization to the appropriate local law enforcement officials to take possession of the suspended or revoked permit and send it to the department.
- (d) The applicant shall have a right to petition the general sessions court of the applicant's county of residence for judicial review of departmental denial, suspension or revocation of a permit. At the review by the general sessions court, the department shall be represented by the district attorney general.
- (e)
- (1) If a permit holder is arrested and charged with burglary, a felony drug offense or a felony offense involving violence or the use of a firearm, then the court first having jurisdiction over the permit holder with respect to the felony charge shall inquire as to whether the person has been issued a Tennessee handgun carry permit, order the permit holder to surrender the permit and send the permit to the department with a copy of the court's order that required the surrender of the permit. The department shall suspend the permit pending a final disposition on the felony charge against the permit holder.
- (2) If a permit holder is arrested and charged with any felony offense other than an offense subject to subdivision (e)(1), then the court first having jurisdiction over the permit holder with respect to the felony charge shall inquire as to whether the person has been issued a Tennessee handgun carry permit, order the permit holder to surrender the permit and send the permit to the department with a copy of the court's order that required the surrender of the permit, unless the permit holder petitions the court for a hearing on the surrender. If the permit holder does petition the court, the court shall determine whether the permit holder will present a material risk of physical harm to the public if released and allowed to retain the permit. If the court determines that the permit holder will present a material risk of physical harm to the public, it shall condition any release of the permit holder, whether on bond or otherwise, upon the permit holder's surrender of the permit to the court. Upon surrender of the permit, the court shall send the permit to the department with a copy of the court's order that required the surrender of the permit and the department shall suspend the permit pending a final disposition of the felony charges against the permit holder.
- (3) If the permit holder is acquitted on the charge or charges, the permit shall be restored to the holder and the temporary prohibition against the carrying of a handgun shall be lifted.
- (4) If the permit holder is convicted of the charge or charges, the permit shall be revoked by the court and the revocation shall be noted in the judgment and minutes of the court. The court shall send the surrendered permit to the department.
- (5) If the permit holder is placed on pretrial diversion or judicial diversion, the permit holder's privilege to lawfully carry a handgun shall be suspended for the length of time the permit holder is subject to the jurisdiction of the court. The court shall send the surrendered permit to the department.
- (f)
- (1) If a permit holder is convicted of a Class A misdemeanor offense, the permit holder shall surrender the permit to the court having jurisdiction of the case for transmission to the department.
- (2) The permit holder shall not be permitted to lawfully carry a handgun or exercise the privileges conferred by the permit for the term of the sentence imposed by the court for the offense or offenses for which the permit holder was convicted.
- (g) In order to reinstate a permit suspended pursuant to subsection (e) or (f), the permit holder shall pay a reinstatement fee of twenty-five dollars ($25.00) with one-half (½) of the fee payable to the department of safety and one-half (½) payable to the court that suspended the permit.
- (1) Prior to the reinstatement of the permit, the permit holder shall have paid in full all fines, court costs and restitution, if any, required by the sentencing court.
- (2) Failure to complete any terms of probation imposed by the court shall be a bar to reinstatement of the permit.
- (3) Prior to reissuance of the permit, the department shall verify that the permit holder has complied with all reinstatement requirements of this subsection (g).
History (7)
- Acts 1996, ch. 905, § 4
- 1997, ch. 476, § 2
- 2009, ch. 455, § 7
- 2009, ch. 578, § 12
- 2018, ch. 903, § 6
- 2019, ch. 479, §§ 17, 18
- 2024, ch. 973, § 11.
§ 39-17-1353. Review of revocation or suspension. - (a) Any person who has received a notice of suspension or revocation may make a written request for a review of the department's determination by the department at a hearing. The request shall be made on a form available from the department. If the person's permit has not been previously surrendered, it must be surrendered at the time the request for a hearing is made. A request for a hearing does not stay the permit suspension or revocation.
- (b) Within thirty (30) days from the date the request for a hearing is filed, the department shall establish a hearing date and set the case on a docket. Nothing in this section shall be construed as requiring the hearing to be conducted within such thirty-day period. The hearing shall be held at a place designated by the department. The department shall provide written notice of the time and place of the hearing to the party requesting the hearing at least ten (10) days prior to the scheduled hearing, unless the party agrees to waive this requirement.
- (c) The presiding hearing officer shall be the commissioner or an authorized representative designated by the commissioner. The presiding hearing officer shall have the authority to:
- (1) Administer oaths and affirmations;
- (2) Examine witnesses and take testimony;
- (3) Receive relevant evidence;
- (4) Issue subpoenas, take depositions, or cause depositions to interrogatories to be taken;
- (5) Regulate the course and conduct of the hearing; and
- (6) Make a final ruling on the issue.
- (d) The sole issue at the hearing shall be whether by a preponderance of the evidence the person has violated any provision of §§ 39-17-1351 – 39-17-1360 or § 39-17-1366. If the presiding hearing officer finds the affirmative of this issue, the suspension or revocation order shall be sustained. If the presiding hearing officer finds the negative of this issue, the suspension or revocation order shall be rescinded.
- (e) The hearing shall be recorded. The decision of the presiding hearing officer shall be rendered in writing, and a copy will be provided to the person who requested the hearing.
- (f) If the person who requested the hearing fails to appear without just cause, the right to a hearing shall be waived, and the department's earlier determination shall be final.
- (g) Witnesses under subpoena shall be entitled to the same fees as are now or may hereafter be provided for witnesses in civil actions in the circuit court and, unless otherwise provided by law or by action of the agency, the party requesting the subpoenas shall bear the cost of paying fees to the witnesses subpoenaed.
History (2)
- Acts 1996, ch. 905, § 5
- 2019, ch. 479, § 19.
§ 39-17-1354. Judicial review of department determination. - (a) Within thirty (30) days of the issuance of the final determination of the department following a hearing under § 39-17-1353, a person aggrieved by the determination shall have the right to file a petition in the chancery court of the county of the person's residence for judicial review. The filing of a petition for judicial review shall not stay the revocation order.
- (b) The review shall be on the record, without taking additional testimony. If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination that is unsupported by the evidence in the record, the court may reverse the department's determination.
§ 39-17-1356. Duplicate permits. - The department shall issue a duplicate permit to a permit holder upon the payment by the permit holder of a fee of five dollars ($5.00).
§ 39-17-1357. Notice of address change. - (a) Within sixty (60) days of any change in a permit holder's principal place of residence, the permit holder shall notify the department in writing of the permit holder's new address.
- (b) On or after January 1, 2015, the department shall provide a method for permit holders to notify the department electronically on the department's website.
History (2)
- Acts 1996, ch. 905, § 9
- 2014, ch. 816, § 1.
§ 39-17-1358. Retention of records — Violations. - (a) The sheriff or chief law enforcement officer may retain applications and files related to the approval or denial of any application submitted from October 1, 1994, to October 1, 1996, if the applications and files are relevant to any pending litigation. After the pending litigation is concluded, the applications and files shall be destroyed.
- (b) Except as otherwise specifically provided in §§ 39-17-1351 and 39-17-1352, a violation of §§ 39-17-1351 — 39-17-1360 or § 39-17-1366 is a Class B misdemeanor punishable only by a fine not to exceed five hundred dollars ($500).
- (c) Any party aggrieved under the terms of §§ 39-17-1351 — 39-17-1360 or § 39-17-1366 by the denial, suspension or revocation of a permit, or otherwise, may file a writ of mandamus, as provided by law. The action shall also allow the recovery of any actual damages sustained by the party. The aggrieved party, if prevailing in action, shall also be entitled to recover those costs and attorney's fees reasonably incurred or relating to the action.
- (d) Nothing contained in this section shall be construed to alter, reduce or eliminate any personal civil or criminal liability that an applicant may have for the intentional or negligent use of a firearm.
History (3)
- Acts 1996, ch. 905, § 10
- 1997, ch. 476, § 5
- 2019, ch. 479, § 20.
§ 39-17-1359. Prohibition at certain meetings — Posted notice — Handgun carry permit holder. - (a)
- (1) Except as provided in § 39-17-1313, an individual, corporation, business entity, or local, state, or federal government entity or agent thereof is authorized to:
- (A) Prohibit the possession of weapons by any person who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, business entity, or government entity; or
- (B) Restrict the possession of weapons by any person who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, business entity, or government entity by allowing a handgun to be carried in a concealed manner only by persons authorized to carry a handgun pursuant to § 39-17-1351 or § 39-17-1366.
- (2) The prohibition in subdivision (a)(1) shall apply to any person who is authorized to carry a firearm by authority of § 39-17-1351 or § 39-17-1366.
- (b)
- (1) Notice of the prohibition or restriction permitted by subsection (a) shall be accomplished by displaying the notice described in subdivision (b)(3) in prominent locations, including all entrances primarily used by persons entering the property, building, or portion of the property or building where weapon possession is prohibited or restricted. The notice shall be plainly visible to the average person entering the building, property, or portion of the building or property, posted.
- (2) The notice required by this section shall be in English, but a duplicate notice may also be posted in any language used by patrons, customers, or persons who frequent the place where weapon possession is prohibited or restricted.
- (3)
- (A) A sign shall be used as the method of posting.
- (B)
- (i) A sign prohibiting possession in accordance with subdivision (a)(1)(A) shall include the phrase “NO FIREARMS ALLOWED”, and the phrase shall measure at least one inch (1″) high and eight inches (8″) wide. The sign shall also include the phrase “As authorized by T.C.A. § 39-17-1359”.
- (ii) The sign shall include a pictorial representation of the phrase “NO FIREARMS ALLOWED” that shall include a circle with a diagonal line through the circle and an image of a firearm inside the circle under the diagonal line. The entire pictorial representation shall be at least four inches (4″) high and four inches (4″) wide. The diagonal line shall be at a forty-five degree (45°) angle from the upper left to the lower right side of the circle.
- (C)
- (i) A sign restricting possession in accordance with subdivision (a)(1)(B) shall include the phrase “CONCEALED FIREARMS BY PERMIT ONLY”, and the phrase shall measure at least one inch (1″) high and eight inches (8″) wide. The sign shall also include the phrase “As authorized by T.C.A. §§ 39-17-1351, 39-17-1359, and 39-17-1366”.
- (ii) The sign shall include a pictorial representation of the phrase “CONCEALED FIREARMS BY PERMIT ONLY” that shall include a circle with a diagonal line through the circle and an image of a firearm inside the circle. The entire pictorial representation shall be at least four inches (4″) high and four inches (4″) wide. The diagonal line shall be at a forty-five degree (45°) angle from the upper left to the lower right side of the circle.
- (4) An individual, corporation, business entity, or government entity that, as of January 1, 2018, used signs to provide notice of the prohibition permitted by subsection (a) shall have until January 1, 2019, to replace existing signs with signs that meet the requirements of subdivision (b)(3).
- (c)
- (1) It is an offense to possess a weapon in a building or on property that is properly posted in accordance with this section.
- (2) Possession of a weapon on posted property in violation of this section is a Class B misdemeanor punishable by fine only of five hundred dollars ($500).
- (d) Nothing in this section shall be construed to alter, reduce or eliminate any civil or criminal liability that a property owner or manager may have for injuries arising on their property.
- (e) This section shall not apply to title 70 regarding wildlife laws, rules and regulations.
- (f) Except as provided in subsection (g), this section shall not apply to the grounds of any public park, natural area, historic park, nature trail, campground, forest, greenway, waterway or other similar public place that is owned or operated by the state, a county, a municipality or instrumentality thereof. The carrying of firearms in those areas shall be governed by § 39-17-1311.
- (g)
- (1) Except as provided in subdivision (g)(2), nothing in this section shall authorize an entity of local government or a permittee thereof to enact or enforce a prohibition or restriction on the possession of a handgun by an enhanced handgun carry permit holder or concealed handgun carry permit holder on property owned or administered by the entity unless the following are provided at each public entrance to the property:
- (A) Metal detection devices;
- (B) At least one (1) law enforcement or private security officer who has been adequately trained to conduct inspections of persons entering the property by use of metal detection devices; and
- (C) That each person who enters the property through the public entrance when the property is open to the public and any bag, package, and other container carried by the person is inspected by a law enforcement or private security officer described in subdivision (g)(1)(B) or an authorized representative with the authority to deny entry to the property.
- (2) Subdivision (g)(1) does not apply to:
- (A) Facilities that are licensed under title 33, 37, or 68;
- (B) Property on which firearms are prohibited by § 39-17-1309 or § 39-17-1311(b)(1)(H)(ii);
- (C) Property on which firearms are prohibited by § 39-17-1306 at all times regardless of whether judicial proceedings are in progress;
- (D) Buildings that contain a law enforcement agency, as defined in § 39-13-519;
- (E) Libraries; or
- (F) Facilities that are licensed by the department of human services, under title 71, chapter 3, part 5, and administer a Head Start program.
History (9)
- Acts 1996, ch. 905, § 11
- 2000, ch. 929, § 1
- 2009, ch. 428, § 4
- 2010, ch. 1009, § 3
- 2013, ch. 16, § 2
- 2016, ch. 638, § 1
- 2017, ch. 467, §§ 3, 4
- 2018, ch. 823, §§ 1-4
- 2019, ch. 479, §§ 10-12.
§ 39-17-1361. Chief law enforcement officer's certification for transfer or making of firearm. - (a) As used in this section:
- (1) “Certification” means the participation and assent of the chief law enforcement officer necessary under federal law for the approval of the application to transfer or make a firearm;
- (2) “Chief law enforcement officer” or “officer” means any official, or the official's designee, that the federal bureau of alcohol, tobacco, firearms and explosives, or any successor agency, identifies by regulation or otherwise as eligible to provide any required certification for the making or transfer of a firearm; and
- (3) “Firearm” has the same meaning as provided in the National Firearms Act (26 U.S.C. § 5845(a)).
- (b) When a chief law enforcement officer's certification is required by federal law or regulation for the transfer or making of a firearm, the officer shall, within fifteen (15) days of receipt of a request for certification, provide such certification if the applicant is not prohibited by law from receiving or possessing the firearm, including pursuant to § 39-17-1316, and is not the subject of a proceeding that could result in the applicant being prohibited by law from receiving or possessing the firearm. If the officer is unable to make a certification as required by this section, the officer shall provide the applicant a written notification of the denial and the reason for this determination.
- (c) An officer shall not be required by this section to make any certification the officer knows to be untrue, but the officer may not refuse to provide certification based on a generalized objection to private persons or entities making, possessing, or receiving firearms or any certain type of firearm the possession of which is not prohibited by law.
- (d) An officer and the officer's employees who act in good faith are immune from civil liability arising from any act or omission in making a certification as required by this section.
- (e) An applicant whose request for certification is denied may appeal the officer's decision to the circuit court or chancery court that is located in the jurisdiction in which the applicant resides or maintains its address of record. The court shall review the officer's decision to deny the certification de novo. If the court finds that the applicant is not prohibited by law from receiving or possessing the firearm and is not the subject of a proceeding that could result in such prohibition and that no substantial evidence supports the officer's determination that the officer cannot truthfully make the certification, the court shall order the officer to issue the certification.
- (f) In making the determination required by subsection (b), an officer may conduct a criminal background check and may require of the applicant only the information that is necessary to identify the applicant for that purpose or to determine the disposition of an arrest or proceeding relevant to the applicant's eligibility to lawfully possess or receive a firearm. An officer may not require access to or inspection of any private residential premises as a condition of granting an application under this section.
History (2)
- Acts 2003, ch. 275, § 1
- 2015, ch. 234, § 1.
§ 39-17-1362. Imitation firearm — Defined — Offense to display in threatening manner in public place. - (a) As used in this section, unless the context otherwise requires:
- (1) “Imitation firearm” means an object or device substantially similar in coloration and overall appearance to a firearm, as defined in § 39-11-106(a), as to lead a reasonable person to perceive that the object or device is a firearm; and
- (2) “Public place” means a place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds, and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence. An act is deemed to occur in a public place if it produces its proscribed consequences in a public place, even if the person engaging in the prohibited conduct is not in a public place.
- (b) A person commits an offense who intentionally displays in a threatening manner an imitation firearm in a public place in a way that would cause a reasonable person to fear bodily injury to themselves or another.
- (c) It is a defense to a violation of subsection (b) if the imitation firearm is displayed in connection with, or as a part of, any justifiable defense as set forth in chapter 11, part 6 of this title.
- (d) A violation of this section is a Class B misdemeanor.
- (e) Nothing in this section shall be construed to prohibit prosecution under any other law.
History (1)
- Acts 2008, ch. 1173, § 1.
§ 39-17-1363. Offense of owning, possessing, or having custody or control of a potentially vicious dog or a vicious dog. - (a) For purposes of this section:
- (1) “Potentially vicious dog” means a dog that may reasonably be assumed to pose a threat to public safety as demonstrated by any of the following behaviors:
- (A) When unprovoked and off the property of the owner or keeper of the dog, inflicts a bite causing bodily injury, as defined in § 39-11-106, to a person or domestic animal; or
- (B) When unprovoked and off the property of the owner or keeper of the dog, on two (2) or more separate occasions, chases, menaces or approaches a person or domestic animal in an aggressive manner or apparent attitude of attack;
- (2) “Vicious dog” means any dog that without provocation and off the property of the owner or keeper of the dog, has attacked a person causing death or serious bodily injury, as defined by § 39-11-106, to such person; and
- (3) “Violent felony” means:
- (A) Any felony involving the use or attempted use of force, violence or a deadly weapon;
- (B) A violation of § 39-17-417, § 39-17-433 or § 39-17-435; or
- (C) A violation of § 39-14-203(a)(1)-(3), § 39-14-205, § 39-14-212 or § 39-14-214.
- (b) It is an offense for any person convicted of a violent felony to knowingly own, possess, have custody or control of a potentially vicious dog or a vicious dog for a period of ten (10) years after such person has been released from custody following completion of sentence or is no longer under active probation, community correction or parole supervision for such violent felony, whichever date is later.
- (c) It is an offense for any person convicted of a violent felony to own, possess, or have custody or control of a dog that:
- (1) Is not micro chipped for permanent identification; and
- (2) Is not spayed or neutered and is older than twelve (12) weeks of age.
- (d) A violation of this section is a Class A misdemeanor.
- (e)
- (1) It is an affirmative defense to prosecution under subsection (c), which must be proven by a preponderance of the evidence, that the dog in question is microchipped and neutered or spayed, or that the dog in question was microchipped and neutered or spayed within thirty (30) days of the defendant being charged with a violation of this section.
- (2) Medical records from, or a certificate by, a person who is licensed by the person's state of residence as a doctor of veterinary medicine, whose license is in good standing and who has personally examined, inserted a microchip in, or operated upon the dog, indicating that the dog in question has been microchipped or spayed or neutered, shall be sufficient evidence that the dog in question has been microchipped or spayed or neutered.
- (3) If the dog in question is microchipped by a different doctor than the doctor who spayed or neutered the dog, medical records or a certificate indicating that both procedures have been performed are required for purposes of this defense.
- (f) This section shall only apply if a person's conviction for a violent felony occurs on or after July 1, 2010.
§ 39-17-1364. Purchase and shipment of antique firearms and certain edged weapons. - Notwithstanding § 39-17-1307, or any other law, it is lawful in this state for a person to purchase, and have shipped directly to such person's residence, the following:
- (1) A black powder weapon; provided, that it meets the definition of 18 U.S.C. § 921;
- (2) A knife, even if the blade is in excess of four inches (4″); or
- (3) A sword or bayonet, whether for ornamental, ceremonial, historical, theatrical or collecting purposes, or otherwise.
History (2)
- Acts 2012, ch. 608, § 1
- 2014, ch. 647, § 6.
§ 39-17-1365. Application for temporary handgun carry permit by person granted order of protection — Issuance of permit. - (a) A person who petitions the court and is granted an order of protection, ex parte or otherwise, pursuant to title 36, chapter 3, part 6, may apply for a temporary handgun carry permit from the department of safety within twenty-one (21) calendar days after that order of protection is granted.
- (b) To be eligible to receive a temporary handgun carry permit, the person must:
- (1) Apply in person to the department of safety on a temporary handgun carry permit application developed by the department;
- (2) Include a certified copy of the order of protection with the application;
- (3) Provide proof of the person's identity and Tennessee residency by presenting:
- (A) A driver license or photo identification issued by the state of Tennessee; or
- (B) Other proof satisfactory to the department showing the person's identity and residency; and
- (4) Meet the qualifications for the issuance of a handgun carry permit under § 39-17-1351(c).
- (c) The department of safety shall conduct a name-based criminal history check in the same manner as set forth in § 39-17-1351(n)(3) upon receiving an application for a temporary handgun carry permit under this section.
- (d) If an applicant meets all the requirements of this section, the department of safety shall issue a temporary handgun carry permit to the applicant that shall be valid for sixty (60) calendar days from the date of issuance.
- (e) A person issued a temporary handgun carry permit under this section shall carry that permit and a copy of the protective order at all times when carrying a handgun pursuant to this section.
- (f) A temporary handgun carry permit issued under this section shall only be valid in Tennessee and shall not be considered as satisfying the requirements of reciprocity with any other state firearm carry provisions.
- (g) A temporary handgun carry permit issued under this section may be issued as a letter to the applicant and may be issued without the applicant's photograph.
- (h) The issuance of a temporary handgun carry permit under this section does not relieve a person from complying with all requirements of § 39-17-1351 in order to be issued a handgun carry permit pursuant to that section.
- (i) A temporary handgun carry permit issued under this section is subject to §§ 39-17-1352 - 39-17-1359.
§ 39-17-1366. Concealed handgun carry permit. - (a) Any resident of this state who is a United States citizen or lawful permanent resident, as defined by § 55-50-102, may apply to the department for a concealed handgun carry permit. If the applicant is not prohibited from possessing a firearm in this state pursuant to § 39-17-1307(b), 18 U.S.C. § 922(g), or any other state or federal law, and the applicant otherwise meets all of the requirements of this section, the department shall issue a permit to the applicant.
- (b) To be eligible to receive a concealed handgun carry permit, the person must:
- (1) Apply in person to the department on a concealed handgun carry permit application developed by the department;
- (2) Provide proof of the person's identity and state residency by presenting:
- (A) A driver license or photo identification issued by this state; or
- (B) Other proof satisfactory to the department showing the person's identity and residency;
- (3) Meet the qualifications for the issuance of an enhanced handgun carry permit under § 39-17-1351(b) and (c) and provide the department with two (2) sets of fingerprints in the manner required in § 39-17-1351(d);
- (4)
- (A) Provide proof the person has demonstrated competence with a handgun; provided, that any safety or training course or class must have been completed no more than one (1) year prior to the application for the concealed handgun carry permit. The person may demonstrate such competence by one (1) of the following, but a person is not required to submit to any additional demonstration of competence:
- (i) Completing any hunter education or hunter safety course approved by the Tennessee wildlife resources agency or a similar agency of another state;
- (ii) Completing any firearms safety or training course administered by an organization specializing in firearms training and safety;
- (iii) Completing any firearms safety or training course or class available to the general public offered by a law enforcement agency, junior college, college, private or public institution or organization, or firearms training school utilizing instructors certified by an organization specializing in firearms training and safety or the department;
- (iv) Completing any law enforcement firearms safety or training course or class offered for security guards, investigators, special deputies, or any division or subdivision of law enforcement or security enforcement;
- (v) Presenting evidence of equivalent experience with a firearm through current military service or proof of an honorable discharge from any branch of the armed services;
- (vi) Obtaining or previously having held a license to carry a firearm in this state, unless such license has been revoked for cause;
- (vii) Completing any firearms training or safety course or class, including an electronic, video, or online course, that:
- (a) Is conducted by a firearms instructor who is certified by the state or an organization specializing in firearms training and safety; and
- (b) Meets the qualifications established by the department pursuant to subsection (l);
- (viii) Completing any governmental law enforcement agency firearms training course and qualifying to carry a firearm in the course of normal police duties; or
- (ix) Completing any other firearms training that the department deems adequate; and
- (B) Proof of competence under this subdivision (b)(4) is evidenced by a photocopy of a certificate of completion of any of the courses or classes described in subdivision (b)(4)(A); an affidavit from the instructor, school, club, organization, or group that conducted or taught such course or class attesting to the completion of the course or class by the applicant; or a copy of any document that shows completion of the course or class or required experience;
- (5) Pay an application and processing fee of sixty-five dollars ($65.00) to the department; and
- (6) Provide a signed printed copy of the form provided by the department, pursuant to subdivision (k)(4), stating that the applicant has read and understands the current state law on carrying handguns.
- (c)
- (1) Upon receipt of a concealed handgun carry permit application, the department shall:
- (A) Forward two (2) full sets of fingerprints of the applicant to the Tennessee bureau of investigation; and
- (B) Send a copy of the application to the sheriff of the county in which the applicant resides.
- (2) Within thirty (30) days of receiving an application, the sheriff shall provide the department with any information concerning the truthfulness of the applicant's answers to the eligibility requirements of § 39-17-1351(c) that is within the knowledge of the sheriff.
- (3) Upon receipt of the fingerprints from the department, the Tennessee bureau of investigation shall conduct searches and record checks in the same manner required in § 39-17-1351(h) and send the results to the department.
- (d) If an applicant meets all the requirements of this section, the department shall issue the applicant a concealed handgun carry permit that entitles the permit holder to carry any handgun that the permit holder legally owns or possesses in a concealed manner. The concealed handgun permit is valid for eight (8) years from the date of issuance.
- (e) The permit holder shall have the permit in the holder's immediate possession at all times when carrying a handgun in a location or manner that would be prohibited if not for the person's status as a concealed handgun carry permit holder and shall display the permit on demand of a law enforcement officer under such circumstances.
- (f) The permit shall be issued on a wallet-sized card of the same approximate size as is used by this state for driver licenses and contain only the following information concerning the permit holder:
- (1) The permit holder's name, address, and date of birth;
- (2) A description of the permit holder by sex, height, weight, and eye color;
- (3) A visible full face photograph of the permit holder; and
- (4) The permit number, issuance date, and expiration date.
- (g) The issuance of a concealed handgun carry permit under this section does not relieve a person from complying with all requirements of § 39-17-1351 in order to be issued an enhanced handgun carry permit pursuant to that section.
- (h) A concealed handgun carry permit issued under this section shall authorize the permit holder to carry or possess a handgun as authorized by § 39-17-1313.
- (i) A concealed handgun carry permit issued under this section is subject to the same restrictions and requirements found in §§ 39-17-1352 — 39-17-1359.
- (j)
- (1) Prior to the expiration of a concealed handgun carry permit, a permit holder may apply to the department for the renewal of the permit by submitting, under oath, a renewal application. The renewal application must be on a standard form developed by the department; must require the applicant to disclose, under oath, the information concerning the applicant as set forth in subsection (b); and must require the applicant to certify that the applicant still satisfies all the eligibility requirements of this section for the issuance of a concealed handgun carry permit. In the event the permit holder's current concealed handgun carry permit expires prior to the department's approval or issuance of notice of denial regarding a pending renewal application, the permit holder is entitled to continue to use the expired permit until the department issues an approval or denial of the renewal application.
- (2) A person may renew that person's concealed handgun carry permit beginning six (6) months prior to the expiration date on the face of the permit.
- (3) The department shall charge a renewal fee of fifty dollars ($50.00).
- (k) The department shall maintain the following material on the department's website:
- (1) Current state law on carrying handguns;
- (2) An explanation of the different handgun carry permits available;
- (3) A list of various providers that conduct department-approved training courses or classes, pursuant to subdivision (b)(4)(A); and
- (4) A printable form to be signed by the applicant pursuant to subdivision (b)(6).
- (l) The department shall determine that a firearms training or safety course or class meets the requirement of subdivision (b)(4)(A)(vii) if the course or class curriculum does the following:
- (1) Conveys the basic knowledge and skills necessary for safe handling and storage of firearms and ammunition and includes firearm safety rules, handgun uses, features, basic skills and techniques, safe cleaning, transportation, and safe storage methods; provided, however, that a course that was approved by the department prior to October 1, 2023, may continue to provide instruction in the same manner under which the course was previously approved. A person who has obtained a concealed carry permit prior to October 1, 2023, is not required by this subdivision (l)(1) to take an additional handgun safety course;
- (2) Conveys the current state law on carrying handguns;
- (3) Is not less than ninety (90) minutes in length;
- (4) Includes a test or quiz that confirms competency of the course or class curriculum; and
- (5) Provides a printable certificate of course or class completion.
- (m) Any law enforcement officer of this state or of any county or municipality may, within the officer's lawful jurisdiction and when the officer is acting in the lawful discharge of the officer's official duties, disarm a permit holder at any time when the officer reasonably believes it is necessary for the protection of the permit holder, officer, or another individual. The officer shall return the handgun to the permit holder before discharging the permit holder from the scene when the officer has determined that the permit holder is not a threat to the officer, the permit holder, or another individual; provided, that the permit holder has not violated this section or committed any other violation that results in the arrest of the permit holder.
- (n) As used in this section, “department” means the department of safety.
- (o)
- (1) After the initial issuance of a concealed handgun carry permit, the department shall conduct a name-based criminal history record check every four (4) years or upon receipt of an application.
- (2) If the applicant is prohibited from purchasing or possessing a firearm in this state pursuant to § 39-17-1307(b), 18 U.S.C. § 922(g), or any other state or federal law, the department shall revoke the applicant's permit pursuant to § 39-17-1352.
History (5)
- Acts 2019, ch. 479, § 5
- 2021, ch. 108, § 7
- 2021, ch. 219, §§ 10, 11
- 2022, ch. 1000, §§ 1, 2
- 2023 (1st. Ex. Sess.), ch. 1, § 3.
Part 15 Prevention of Youth Access to Tobacco, Smoking Hemp, and Vapor Products Act § 39-17-1501. Short title. - This part shall be known and may be cited as the “Prevention of Youth Access to Tobacco, Smoking Hemp, and Vapor Products Act.”
History (4)
- Acts 1994, ch. 872, § 1
- 2011, ch. 501, § 1
- 2015, ch. 353, § 1
- 2019, ch. 303, § 2.
§ 39-17-1502. Purpose and intent. - (a) The purpose of this part is to reduce the access of persons under twenty-one (21) years of age to tobacco products by strengthening existing prohibitions against the sale and distribution of tobacco products and prohibiting the purchase or receipt of tobacco products by such persons, limiting the sale of tobacco products through vending machines, restricting the distribution of tobacco product samples, prohibiting the sale of cigarettes or smokeless tobacco products other than in unopened packages, and random, unannounced inspections of locations where tobacco products are sold or distributed, providing for the report required to be submitted to the United States department of health and human services pursuant to Section 1926 of the Public Health Service Act (42 U.S.C. § 300x-26), and ensuring uniform regulations with respect to tobacco products within this state.
- (b) The purpose of this part is also to prohibit the sale or distribution of vapor products to, or purchase of vapor products on behalf of, persons under twenty-one (21) years of age.
- (c) The purpose of this part is also to prohibit the sale or distribution of smoking hemp products to, or purchase of smoking hemp products on behalf of, persons under twenty-one (21) years of age.
- (d) The purpose of this part is also to prohibit the sale or distribution of smokeless nicotine products to, or purchase of smokeless nicotine products on behalf of, persons under twenty-one (21) years of age.
- (e) It is the intent of the general assembly that this part be equitably enforced so as to ensure the eligibility for and receipt of any federal funds or grants that this state now receives or may receive relating to this part.
History (6)
- Acts 1994, ch. 872, § 2
- 2011, ch. 501, § 2
- 2015, ch. 353, § 2
- 2019, ch. 303, § 3
- 2020, ch. 732, § 9
- 2022, ch. 810, § 1.
§ 39-17-1503. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Age-restricted venue” means a legal establishment that affirmatively restricts access to its buildings or facilities at all times to persons who are twenty-one (21) years of age or older by requiring each person who attempts to gain entry to those buildings or facilities to submit for inspection an acceptable form of identification for the express purpose of determining if the person is twenty-one (21) years of age or older;
- (2) “Beedies” or “bidis” means a product containing tobacco that is wrapped in temburni leaf (dispyros melanoxylon) or tendu leaf (diospyros exculpra), or any other product that is offered to, or purchased by, consumers as beedies or bidis. For purposes of this chapter, beedies or bidis shall be considered a tobacco product;
- (3) “Cigar bar” means a legal establishment that:
- (A) Holds a valid license or permit for the on-premises consumption of alcoholic beverages;
- (B) Generates a portion of its total annual gross income from the on-site sale of cigars and the rental of humidors;
- (C) Does not knowingly sell products or services, or permit entrance to the premises, to a person who is less than twenty-one (21) years of age; and
- (D) Does not permit vaping or the smoking of products other than cigars on the premises;
- (4) “Commissioner” means the commissioner of agriculture or the commissioner's duly authorized representative;
- (5) “Department” means the department of agriculture;
- (6) “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;
- (7) “Person” means any individual, firm, fiduciary, partnership, corporation, trust, or association;
- (8) “Proof of age” means a driver license or other generally accepted means of identification that describes the individual as twenty-one (21) years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid. Except in the case of distribution by mail, the distributor shall obtain a statement from the addressee that the addressee is twenty-one (21) years of age or older;
- (9) “Public place” means any public street, sidewalk or park, or any area open to the general public in any publicly owned or operated building;
- (10) “Retail tobacco store” means a retail store that derives its largest category of sales from tobacco products and accessories;
- (11) “Retail vapor product store” means a retail store that derives its largest category of sales from vapor products and accessories;
- (12) “Sample” means a tobacco product distributed to members of the general public at no cost for the purpose of promoting the product;
- (13) “Sampling” means the distribution of samples to members of the general public in a public place;
- (14) “Smokeless nicotine product”:
- (A) Means nicotine that is in the form of a solid, gel, gum, or paste that is intended for human consumption or placement in the oral cavity for absorption into the human body by any means other than inhalation;
- (B) Does not include tobacco or tobacco products; and
- (C) Does not include nicotine replacement therapy products as defined and approved by the federal food and drug administration;
- (15) “Smoking hemp” means hemp that is offered for sale to the public with the intention that it is consumed by smoking and that does not meet the definition of a vapor product;
- (16) “Tobacco product” means any product that contains tobacco and is intended for human consumption, including, but not limited to, cigars, cigarettes and bidis; and
- (17) “Vapor product”:
- (A) Means any noncombustible product containing nicotine or any other substance that employs a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce or emit a visible or non-visible vapor;
- (B) Includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product, and any vapor cartridge, any substance used to refill a vapor cartridge, or other container of a solution containing nicotine or any other substance that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product; and
- (C) Does not include any product regulated under Chapter V of the Food, Drug, and Cosmetic Act (21 U.S.C. § 351 et seq.).
History (11)
- Acts 1994, ch. 872, § 3
- 1995, ch. 470, § 1
- 1999, ch. 354, § 3
- 2002, ch. 511, §§ 1, 2
- 2011, ch. 501, § 3
- 2015, ch. 353, § 3
- 2019, ch. 144, § 1
- 2019, ch. 303, § 4
- 2020, ch. 732, § 9
- 2022, ch. 810, § 2
- 2022, ch. 1110, § 3.
§ 39-17-1504. Sale or distribution to underage persons unlawful — Proof of age requirement. - (a) It is unlawful for any person to sell or distribute any tobacco, smoking hemp, vapor product, or smokeless nicotine product to another person who has not attained twenty-one (21) years of age or to purchase a tobacco, smoking hemp, vapor product, or smokeless nicotine product on behalf of such person under twenty-one (21) years of age.
- (b) It is unlawful for any person to persuade, entice, send or assist a person who has not attained twenty-one (21) years of age to purchase, acquire, receive or attempt to purchase, acquire or receive a tobacco, smoking hemp, vapor product, or smokeless nicotine product. This section and § 39-17-1505 do not preclude law enforcement efforts involving:
- (1) The use of a minor if the minor's parent or legal guardian has consented to this action; or
- (2) The use of an individual under twenty-one (21) years of age who is not a minor if the individual has consented to this action.
- (c) No person shall distribute tobacco, smoking hemp, vapor product, or smokeless nicotine product samples in or on any public street, sidewalk, or park.
- (d) A person engaged in the sale or distribution of tobacco, smoking hemp, vapor product, or smokeless nicotine product shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser or recipient may be under thirty (30) years of age. In the case of distribution by mail, the distributor of tobacco, smoking hemp, vapor product, or smokeless nicotine product shall obtain from the addressee an affirmative statement that the person is twenty-one (21) years of age or older, and shall inform the recipient that the person is strictly prohibited from distributing any tobacco, smoking hemp, vapor product, or smokeless nicotine product, as defined by this part, to any person under twenty-one (21) years of age.
History (9)
- Acts 1994, ch. 872, § 4
- 1995, ch. 470, §§ 2, 3
- 1999, ch. 354, §§ 1, 2, 4
- 2011, ch. 501, § 4
- 2013, ch. 319, § 2
- 2015, ch. 353, §§ 4-6
- 2019, ch. 303, §§ 5, 6
- 2020, ch. 732, §§ 9-11
- 2022, ch. 810, § 3.
§ 39-17-1505. Prohibited purchases or possession by underage persons — Penalties. - (a) It is unlawful for a person who has not attained twenty-one (21) years of age to possess either a tobacco, smoking hemp, vapor product, or smokeless nicotine product, to purchase or accept receipt of either product, or to present or offer to any person any purported proof of age that is false, fraudulent, or not actually that person's own for the purpose of purchasing or receiving any tobacco, smoking hemp, vapor product, or smokeless nicotine product.
- (b) Any person who violates this section may be issued a citation by a law enforcement officer who has evidence of the violation. Regardless of whether a citation is issued, the product shall be seized as contraband by the law enforcement officer.
- (c) A violation of this section is a civil offense, for which the general sessions or juvenile court may, in its discretion, impose a civil penalty of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00), which may be charged against a person who is at least eighteen (18) years of age but less than twenty-one (21) years of age, or, in the case of a minor, against a parent, guardian, or custodian. The general sessions or juvenile court may, in its discretion, also impose community service work not to exceed fifty (50) hours or successful completion of a prescribed court program for a second or subsequent violation within a one-year period.
- (d) A person who has not attained twenty-one (21) years of age and who is cooperating with law enforcement officers in an operation designed to test the compliance of other persons with this part is not subject to sanctions under this section.
- (e) As used in this section, “law enforcement officer” means an officer, employee or agent of government who is authorized by law to investigate the commission or suspected commission of violations of Tennessee law.
- (f) It is not unlawful for a person under twenty-one (21) years of age to handle or transport:
- (1) Tobacco, tobacco products, smoking hemp, vapor products, or smokeless nicotine products as a part of and in the course of the person's employment; provided, that the person is under the supervision of another employee who is at least twenty-one (21) years of age; or
- (2) Tobacco, smoking hemp, vapor products, or smokeless nicotine products as part of an educational project that has been developed by the person for entry and display at an agricultural fair or other agricultural competition or event.
- (g) Nothing in this section shall be construed to prohibit a person under twenty-one (21) years of age from handling or transporting tobacco or hemp as part of and in the course of the person's involvement in any aspect of the agricultural production or storage of tobacco or hemp, the sale of raw tobacco or hemp at market or the transportation of raw tobacco or hemp to a processing facility.
History (8)
- Acts 1994, ch. 872, § 5
- 1999, ch. 354, §§ 5-7
- 2001, ch. 341, § 11
- 2015, ch. 353, §§ 7-10
- 2018, ch. 1052, § 54
- 2019, ch. 303, §§ 7-9
- 2020, ch. 732, §§ 9, 12
- 2022, ch. 810, §§ 4, 5.
§ 39-17-1506. Required postings. - (a) Every person who sells tobacco, smoking hemp, vapor products, or smokeless nicotine products at retail shall post conspicuously and keep so posted at the place of business a sign, no smaller than ninety-three and one-half (93½) square inches, to ensure that it is likely to be read at each point of sale, stating the following:
- STATE LAW STRICTLY PROHIBITS THE SALE OF TOBACCO PRODUCTS, VAPOR PRODUCTS, SMOKELESS NICOTINE PRODUCTS, OR SMOKING PARAPHERNALIA TO PERSONS UNDER THE AGE OF TWENTY-ONE (21) YEARS
- PROOF OF AGE MAY BE REQUIRED
- (b)
History (4)
- Acts 1994, ch. 872, § 6
- 1999, ch. 354, § 8
- 2020, ch. 732, §§ 13, 14
- 2022, ch. 810, §§ 6, 7.
§ 39-17-1507. Vending machine sales. - (a) It is unlawful for any person to sell tobacco, smoking hemp, vapor products, or smokeless nicotine products through a vending machine unless the vending machine is located in any of the following locations:
- (1) In areas of factories, businesses, offices, or other places that are not open to the public;
- (2) In places that are open to the public but to which persons under twenty-one (21) years of age are denied access;
- (3) In places where alcoholic beverages are sold for consumption on the premises, but only if the vending machine is under the continuous supervision of the owner or lessee of the premises or an employee of the owner or lessee of the premises, and is inaccessible to the public when the establishment is closed; and
- (4) In other places, but only if the machine is under the continuous supervision of the owner or lessee of the premises or an employee of the owner or lessee of the premises, or the machine can be operated only by the use of a token purchased from the owner or lessee of the premises or an employee of the owner or lessee of the premises prior to each purchase, and is inaccessible to the public when the establishment is closed.
- (b) In any place where supervision of a vending machine, or operation by token is required by this section, the person responsible for that supervision or the sale of the token shall demand proof of age from a prospective purchaser if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be under thirty (30) years of age.
History (5)
- Acts 1994, ch. 872, § 7
- 1999, ch. 354, §§ 9, 10
- 2019, ch. 303, § 10
- 2020, ch. 732, §§ 9, 15, 16
- 2022, ch. 810, § 8.
§ 39-17-1508. Required packaging. - It is unlawful for any person to sell cigarettes or smokeless tobacco products except in the original, sealed package in which they were placed by the manufacturer that bears the health warning required by federal law.
History (2)
- Acts 1994, ch. 872, § 8
- 1999, ch. 354, § 11.
§ 39-17-1509. Enforcement — Inspections — Reporting — Civil penalties. - (a) The department shall enforce this part in a manner that may reasonably be expected to reduce the extent to which tobacco, smoking hemp, vapor products, or smokeless nicotine products are sold or distributed to persons under twenty-one (21) years of age, and shall conduct random, unannounced inspections at locations where tobacco, smoking hemp, vapor products, or smokeless nicotine products are sold or distributed to ensure compliance with this part.
- (b) A person who violates § 39-17-1504, § 39-17-1506, § 39-17-1507 or § 39-17-1508 shall receive only a warning letter for the person's first violation and shall not receive a civil penalty for the person's first violation. A person who violates § 39-17-1504, § 39-17-1506, § 39-17-1507 or § 39-17-1508 is subject to a civil penalty of not more than five hundred dollars ($500) for the person's second violation, not more than one thousand dollars ($1,000) for the person's third violation and not more than one thousand five hundred dollars ($1,500) for the person's fourth or subsequent violation. For purposes of determining whether a violation is the person's first, second, third, fourth or subsequent violation, the commissioner shall count only those violations that occurred within the previous five (5) years. A civil penalty shall be assessed in the following manner:
- (1) The commissioner shall issue the assessment of civil penalty against any person responsible for the violation;
- (2) Any person against whom an assessment has been issued may secure a review of the assessment by filing with the commissioner a written petition setting forth the person's reasons for objection to the assessment and asking for a hearing before the commissioner;
- (3) Any hearing before the commissioner shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. An appeal from the final order of the commissioner may be taken by the person to whom the assessment was issued, and the appeal proceedings shall be conducted in accordance with the judicial review provisions of the Uniform Administrative Procedures Act, codified in §§ 4-5-322 and 4-5-323; and
- (4) If a petition for review is not filed within thirty (30) days after the date the person received the assessment, the person shall be deemed to have consented to the assessment, and it shall become final. Whenever an assessment has become final, the commissioner may apply to the chancery court of Davidson County for a judgment in the amount of the assessment and seek execution on the judgment. The chancery court of Davidson County shall treat a person's failure to file a petition for review of an assessment as a confession of judgment in the amount of the assessment.
- (c) A person who demanded, was shown, and reasonably relied upon proof of age is not liable for a civil penalty for a violation of § 39-17-1504 or § 39-17-1507. In the case of distribution of any tobacco, smoking hemp, vapor product, or smokeless nicotine product by mail, a person who obtained a statement from the addressee that the addressee is at least twenty-one (21) years of age is not liable for a civil penalty so long as that distributor of the tobacco, smoking hemp, vapor product, or smokeless nicotine product informed the addressee that § 39-17-1504 prohibits the distribution of tobacco, smoking hemp, vapor products, and smokeless nicotine products to a person under twenty-one (21) years of age.
- (d) When assessing a civil penalty, the commissioner is authorized to assess the penalty against any person or persons determined by the commissioner to be responsible, in whole or in part, for contributing to or causing the violation to occur, including, but not limited to, the owner, manager or employee of a store at which any tobacco, smoking hemp, vapor product, or smokeless nicotine product is sold at retail, the owner, manager or employee of an establishment in which a vending machine selling tobacco, smoking hemp, vapor products, or smokeless nicotine products is located, and a company or any of its employees engaged in the business of sampling.
- (e)
- (1) The owner or manager of a store that sells tobacco, smoking hemp, vapor products, or smokeless nicotine products at retail shall provide training to the store's employees concerning the provisions of this part. As a part of this training, each employee shall, prior to selling tobacco, smoking hemp, vapor products, or smokeless nicotine products at retail, sign a statement containing substantially the following words:
- I understand that state law prohibits the sale of tobacco, smoking hemp, vapor products, or smokeless nicotine products to persons under twenty-one (21) years of age and that state law requires me to obtain proof of age from a prospective purchaser of tobacco, smoking hemp, vapor products, or smokeless nicotine products who, based on appearance, might be as old as twenty-nine (29) years of age. I promise to obey this law, and I understand that monetary or criminal penalties may be imposed on me if I violate this law.
- (2) If the commissioner assesses a penalty against the store owner or manager, the owner or manager may present to the commissioner a copy of the statement described in subdivision (e)(1) that was signed by the employee who made the sale to a minor, along with a sworn statement by the owner or manager that the employee had signed the statement prior to the sale to the minor, and the name and address of the employee who made the sale. If the owner or manager does not know which employee made the sale to the minor, the owner or manager may present to the commissioner copies of the statements described in subdivision (e)(1) that were signed by all employees working at the store on the day the sale was made, along with a sworn statement that these employees had signed those statements prior to the sale to the minor.
- (3) When the store owner or manager presents to the commissioner the statements described in subdivision (e)(2):
- (A) If the violation is the second violation determined to have occurred at that store, the penalty against the store owner or manager shall be eliminated; or
- (B) If the violation is the third or subsequent violation determined to have occurred at that store, the commissioner shall consider that evidence and any other evidence with respect to the amount of the penalty against the owner or manager.
- (f) The department shall prepare annually for submission by the governor to the secretary of the United States department of health and human services the report required by Section 1926 of subpart I of Part B of Title XIX of the Public Health Service Act (42 U.S.C. § 300x-26). The department shall prepare for submission to the general assembly and the public an annual report describing in detail the department's enforcement efforts under this part.
History (6)
- Acts 1994, ch. 872, § 10
- 1999, ch. 354, § 12
- 2015, ch. 353, §§ 11, 12
- 2019, ch. 303, §§ 11-16
- 2020, ch. 732, §§ 9, 17-20
- 2022, ch. 810, §§ 9-14.
§ 39-17-1511. Maintenance of smoking paraphernalia in area inaccessible to customers. - (a) For the purpose of this section:
- (1) “Counter” means the point of purchase at a retail establishment;
- (2) “Retail establishment” means a place of business open to the general public for the sale of goods or services; and
- (3) “Smoking paraphernalia” means:
- (A) A cigarette holder;
- (B) A smoking pipe made of metal, wood, acrylic, glass, stone, or plastic with or without screens, permanent screens, hashish heads or punctured metal bowls;
- (C) A water pipe;
- (D) Rose and pen combinations; or
- (E) Vapor products; and
- (4) “Smoking paraphernalia” does not include a smoking pipe or smoking device when sold at retail, if the smoking pipe or smoking device is primarily made of briar, meerschaum, clay or corn cob.
- (b) All smoking paraphernalia shall be maintained behind the counter of a retail establishment in an area inaccessible to a customer or in a locked display case that makes the products unavailable to a customer without the assistance of an employee.
- (c)
- (1) A violation of this section is punishable as provided in § 39-17-1509.
- (2) If smoking paraphernalia is sold in violation of this section by an employee, the owner or operator of the retail establishment where the employee sold the products shall be in violation of this section.
History (2)
- Acts 2013, ch. 194, § 1
- 2020, ch. 732, § 21.
§ 39-17-1512. Liquid nicotine containers to satisfy federal child-resistant effectiveness standards. - (a) As used in this section, “liquid nicotine container”:
- (1) Means a bottle or other container that contains liquid nicotine or any other substance containing nicotine, where the liquid or other substance is sold, marketed, or intended for use in a vapor product; and
- (2) Does not include a liquid or other substance containing nicotine in a cartridge that is sold, marketed, or intended for use in a vapor product; provided, that such cartridge is prefilled and sealed by the manufacturer, and not intended to be opened by the consumer.
- (b) Unless specifically preempted by federal law, a liquid nicotine container used in conjunction with a vapor product that is sold at retail in this state shall satisfy the child-resistant effectiveness standards under 16 CFR 1700.15(b)(1) when tested in accordance with the requirements of 16 CFR 1700.20.
History (1)
- Acts 2015, ch. 353, § 13.
§ 39-17-1551. Preemption of field of legislation concerning regulation of tobacco products, smokeless nicotine products, and vapor products — Exemptions — Authority to prohibit smoking — Authority to prohibit use of tobacco products or vapor products. - (a) The general assembly preempts and occupies the entire field of legislation concerning the regulation of tobacco products, smokeless nicotine products, and vapor products. Any law or regulation of tobacco products enacted or promulgated after March 15, 1994, or vapor products or smokeless nicotine products enacted or promulgated after July 1, 2021, by any agency or political subdivision of this state or any agency thereof is void; provided, that cities, counties, and counties having a metropolitan form of government may regulate the use of tobacco products or vapor products in buildings owned or leased by the political subdivisions; and provided further, that airport authorities created pursuant to title 42; utility districts created pursuant to title 7; and special school districts may regulate the use of tobacco products, smokeless nicotine products, or vapor products in buildings owned or leased by the entities. Notwithstanding any law to the contrary, individual owners or operators of retail establishments located within an enclosed shopping mall retain the right to determine the policy on the use of tobacco products or vapor products within the person's establishment.
- (b)
- (1) Notwithstanding subsection (a) or any other provision of this title, a municipality, a county, or a county having a metropolitan form of government is authorized by local ordinance or resolution to prohibit smoking or use of a vapor product on the grounds of a hospital or in the public areas immediately outside of a hospital building and its entrances, including public sidewalks.
- (2) Any regulation or ordinance that is passed or adopted by a local government pursuant to the authority granted by this subsection (b) may prohibit smoking or use of a vapor product by a distance of up to fifty feet (50′) from a hospital's entrance unless the application of a fifty-foot limit would place hospital patients in a potentially unsafe condition. In which case, the fifty-foot limit shall be extended to such distance as is necessary to ensure patient safety as determined by the local government's legislative body in consultation with representatives of any hospitals that are subject to the regulation or ordinance.
- (c)
- (1) Notwithstanding subsection (a) or any other provision of this title, a local government is authorized by ordinance to prohibit smoking or use of a vapor product on the grounds of a swimming pool owned or operated by such local government or an outdoor amphitheater with a seating capacity of at least six thousand (6,000) owned or operated by such local government.
- (2) Subdivision (c)(1) only applies to:
- (A) Municipalities located in a county having a population of not less than one hundred fifty-six thousand eight hundred (156,800) nor more than one hundred fifty-six thousand nine hundred (156,900), according to the 2010 federal census or any subsequent federal census; or
- (B) Any county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2010 federal census or any subsequent federal census.
- (d)
- (1) Notwithstanding subsection (a) or any other provision of this title, a local government is authorized by ordinance to prohibit smoking or use of a vapor product on the grounds of an urban park center, as described in § 57-4-102.
- (2) Subdivision (d)(1) only applies to municipalities located in a county having a population of not less than seventy-two thousand three hundred (72,300) nor more than seventy-two thousand four hundred (72,400), according to the 2010 federal census or any subsequent federal census.
- (e) [See Code Commission Notes.]
- (1) Notwithstanding subsection (a) or any other provision of this title, a local government is authorized by ordinance to prohibit smoking or use of a vapor product on the grounds of a playground by adopting a resolution or ordinance approved by a two-thirds (⅔) vote of the legislative body of the local government.
- (2) As used in this subsection (e) “playground” means an indoor or outdoor facility that is intended for recreation of children and owned by the local government.
- (f) [See Code Commission Notes.]
- (1) Notwithstanding subsection (a) or any other provision of this title, a municipality, a county, or a county having a metropolitan form of government is authorized by local ordinance or resolution, as applicable, to prohibit the use of tobacco products or vapor products, or both, on the grounds of a public park, public playground, public greenway, or any public property that is accessible to use by youth as long as the public park, public playground, public greenway, or public property is owned or controlled by the respective municipality or county.
- (2) Notwithstanding subdivision (f)(1), a prohibition enacted pursuant to this subsection (f) does not apply to buildings, sidewalks, or roads.
- (3) As used in this subsection (f):
- (A)
- (i) “Greenway” means:
- (a) An open-space area following a natural or man-made linear feature designed to be used for recreation, transportation, and conservation, and to link services and facilities; or
- (b) A paved, gravel-covered, woodchip-covered, or wood-covered path that connects one greenway entrance with another greenway entrance;
- (ii) If a greenway traverses a park that is owned or operated by a county, municipality, or instrumentality thereof, the greenway is considered a portion of that park unless designated otherwise by the local legislative body;
- (B) “Playground” means an indoor or outdoor facility that is intended for recreation of children;
- (C) “Tobacco product” means any product that contains tobacco and is intended for human use; and
- (D) “Youth” means persons under twenty-one (21) years of age.
- (g) Notwithstanding subsection (a) or another provision of this title, municipalities, counties, and counties having a metropolitan form of government may regulate, including prohibiting, by passing a resolution or ordinance, the following activities in age-restricted venues that are not retail tobacco stores, retail vapor product stores, or cigar bars:
- (1) Smoking, as defined in § 39-17-1802; and
- (2) The use of vapor products.
History (9)
- Acts 1994, ch. 872, §§ 9, 12
- 2011, ch. 296, § 1
- 2016, ch. 847, § 1
- 2017, ch. 188, § 1
- 2020, ch. 529, § 1
- 2021, ch. 551, § 5
- 2021, ch. 574, § 1
- 2022, ch. 810, § 15
- 2022, ch. 1110, §§ 1, 2.
Part 16 Children's Act for Clean Indoor Air § 39-17-1602. Purpose. - It is the intention of the general assembly that this part reduce the extent to which children are exposed to environmental tobacco smoke in facilities where children's services are provided.
§ 39-17-1603. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Children” means individuals who have not attained eighteen (18) years of age;
- (2) “Community center” means any center operated by any city or county government that is used for children's activities;
- (3) “Day care center” means any place, operated by a person, society, agency, corporation, institution or religious organization, or any other group wherein are received thirteen (13) or more children for group care for less than twenty-four (24) hours per day without transfer of custody;
- (4) “Designated smoking area” means an enclosed indoor area or an outdoor area in which smoking is permitted pursuant to this part. If indoors, the smoking area shall be clearly demarcated and separate from any area in which smoking is not permitted, and shall not include more than twenty-five percent (25%) of the area of the building. The indoor smoking area shall be a fully enclosed area;
- (5) “Group care home” means a home operated by any person, society, agency, corporation, or institution or any group which receives seven (7) or more children for full-time care outside their own homes in facilities owned or rented and operated by the organization;
- (6) “Museum” means those indoor museums and art galleries owned or operated by the state or any political subdivision of the state, and those museums, historical societies, and art galleries owned and operated by not-for-profit corporations;
- (7) “Residential treatment facility” means a residential treatment facility licensed under title 33, chapter 2, part 4;
- (8) “School grounds” means any building, structure, and surrounding outdoor grounds contained within a public or private preschool, nursery school, kindergarten, elementary or secondary school's legally defined property boundaries as registered in a county register's office, and any publicly owned or leased vehicle used to transport children to or from school or any officially sanctioned or organized school event;
- (9) “Smoking” means the burning of a lighted cigarette, cigar, pipe or any other substance containing tobacco;
- (10) “Vapor product” has the same meaning as defined in § 39-17-1503;
- (11) “Youth development center” means a center established under title 37, chapter 5, part 2, for the detention, treatment, rehabilitation and education of children found to be delinquent; and
- (12) “Zoo” means any indoor area open to the public for the purpose of viewing animals.
History (3)
- Acts 1995, ch. 455, § 3
- 2000, ch. 947, § 8L
- 2019, ch. 144, § 2.
§ 39-17-1604. Places where smoking and use of vapor products is prohibited. - Smoking or the use of vapor products is not permitted, and no person shall smoke or use vapor products, in the following places:
- (1) Child care centers; provided, that the prohibition of this section does not apply to child care services provided in a private home. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access. However, the child care center shall give written notification to the parent or legal guardian upon enrollment if the child care center has an indoor area designated for smoking or the use of vapor products;
- (2) Any room or area in a community center while the room or area is being used for children's activities;
- (3) Group care homes. Adults may smoke or use vapor products in any fully enclosed adult staff residential quarters contained within a group care home, but not in the presence of children who reside as clients in the group care home;
- (4) Healthcare facilities, excluding nursing home facilities. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access, and adults may be permitted to smoke or use vapor products outside the facility;
- (5) Museums, except when used after normal operating hours for private functions not attended by children. Adult staff members may be permitted to smoke or use vapor products while at work in designated smoking areas to which children are not allowed access;
- (6) All public and private kindergartens and elementary and secondary schools. Adult staff members may be permitted to smoke or use vapor products outdoors but not within one hundred feet (100′) of any entrance to any building. Adults may also smoke or use vapor products in any fully enclosed adult staff residential quarters but not in the presence of children attending the school;
- (7) Residential treatment facilities for children and youth. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access;
- (8) Youth development centers and facilities. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access;
- (9) Zoos. Adult staff members may be permitted to smoke or use vapor products in designated areas to which children are not allowed access; and
- (10) School grounds, including any public seating areas, such as bleachers used for sporting events, or public restrooms.
History (3)
- Acts 1995, ch. 455, § 4
- 2000, ch. 981, § 62
- 2019, ch. 144, § 3.
§ 39-17-1605. “No smoking” signs — Posting notice. - (a) “No Smoking” signs, or the international “No Smoking” symbol, which consists of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it, shall be prominently posted and properly maintained on each main building entrance where smoking is regulated by this part. The “No Smoking” signs or “No Smoking” symbols shall be prominently displayed throughout the building to ensure that the public is aware of the restriction.
- (b) The following notice shall be prominently posted, including at each ticket booth, for elementary or secondary school sporting events:
- “Smoking is prohibited by law in seating areas and in restrooms.”
§ 39-17-1606. Penalty — Enforcement. - (a) An institution violating this part or failing to take reasonable measures to enforce this part commits a Class B misdemeanor, punishable only by a fine not to exceed five hundred dollars ($500).
- (b) Any law enforcement officer may issue a citation regarding a violation of this part.
Part 17 Child Curfew § 39-17-1702. Curfew established — Exceptions — Duties of apprehending authority. - (a) It is unlawful for any minor between seventeen (17) and eighteen (18) years of age to remain in or upon any public street, highway, park, vacant lot, establishment or other public place within the county during the following time frames:
- (1) Monday through Thursday between the hours of eleven o'clock p.m. (11:00 p.m.) to six o'clock a.m. (6:00 a.m.); and
- (2) Friday through Sunday between the hours of twelve o'clock (12:00) midnight to six o'clock a.m. (6:00 a.m.).
- (b) It is unlawful for any minor sixteen (16) years of age and under to remain in or upon any public street, highway, park, vacant lot, establishment or other public place within the county during the following time frames:
- (1) Monday through Thursday between the hours of ten o'clock p.m. (10:00 p.m.) to six o'clock a.m. (6:00 a.m.); and
- (2) Friday through Sunday between the hours of eleven o'clock p.m. (11:00 p.m.) to six o'clock a.m. (6:00 a.m.).
- (c) It is unlawful for a parent or guardian of a minor to knowingly permit or by inefficient control to allow the minor to be or remain upon any street or establishment under circumstances not constituting an exception to, or otherwise beyond the scope of subsections (a) and (b). The term “knowingly” includes knowledge that a parent or guardian should reasonably be expected to have concerning the whereabouts of a minor in that parent's legal custody. The term “knowingly” is intended to continue to keep neglectful or careless parents up to a reasonable community standard of parental responsibility through an objective test. It is not a defense that a parent was completely indifferent to the activities or conduct or whereabouts of the minor child.
- (d)
- (1) The following are valid exceptions to the operation of the curfew:
- (A) At any time, if a minor is accompanied by the minor's parent or guardian;
- (B) When accompanied by an adult authorized by a parent or guardian of the minor to take the parent or guardian's place in accompanying the minor for a designated period of time and purpose within a specified area;
- (C) Until the hour of twelve-thirty a.m. (12:30 a.m.), if the minor is on an errand as directed by the minor's parent;
- (D) While engaged in a lawful employment activity, or while going directly to or returning directly from the minor's home and place of lawful employment. This exception shall also apply if the minor is in a public place during the curfew hours in the course of the minor's lawful employment. To come within this exception, the minor must be carrying written evidence of employment that is issued by the employer;
- (E) Until the hour of twelve-thirty a.m. (12:30 a.m.) if the minor is on the property of or the sidewalk directly adjacent to the place where the minor resides or the place immediately adjacent to the place where the minor resides, if the owner of the adjacent building does not communicate an objection to the minor and the law enforcement officer;
- (F) When returning home by a direct route from (and within thirty (30) minutes of the termination of) a school activity or an activity of a religious or other voluntary association, or a place of public entertainment, such as a movie, play or sporting event. This exception does not apply beyond one o'clock a.m. (1:00 a.m.).
- (G) In the case of reasonable necessity, but only after the minor's parent has communicated to law enforcement personnel the facts establishing the reasonable necessity relating to specified streets at a designated time for a described purpose including place or origin and destination. A copy of the communication, or the record of the communication, an appropriate notation of the time it was received and of the names and addresses of the parent or guardian and minor constitute evidence of qualification under this exception;
- (H) When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly. A minor shall show evidence of the good faith of the exercise and provide notice to the city officials by first delivering to the appropriate law enforcement authority a written communication, signed by the minor, with the minor's home address and telephone number, addressed to the mayor of the county specifying when, where and in what manner the minor will be on the streets at night during hours when the curfew is still otherwise applicable to the minor in the exercise of a First Amendment right specified in the communication; and
- (I) When a minor is, with parental consent, in a motor vehicle engaged in good faith interstate travel.
- (2) Each of the exceptions contained in subdivision (d)(1), and the limitations are severable.
- (e) When any child is in violation of this section, the apprehending officer shall act in one (1) of the following ways:
- (1) In the case of a first violation, and if in the opinion of the officer the action would be effective, take the child to the child's home and warn and counsel the parents or guardians;
- (2) Take the minor into custody and transport the minor to a designated curfew center;
- (3) Issue a summons to the child or parents or guardians to appear at the juvenile court; or
- (4) Bring the child into the custody of the juvenile court for disposition.
- (f)
- (1) A minor violating this section shall commit an unruly act disposition of which shall be governed pursuant to title 37.
- (2) Any parent, guardian, or other person having the care, custody and control of a minor violating this section commits a Class C misdemeanor and shall be fined no more than fifty dollars ($50.00) for each offense. Each violation of this section shall constitute a separate offense.
History (2)
- Acts 1995, ch. 314, § 2
- 2015, ch. 319, §§ 1, 2.
§ 39-17-1703. Applicability upon adoption of part. - (a) This part shall apply upon the adoption of a resolution or ordinance by a two-thirds (⅔) vote of the appropriate legislative body of any:
- (1) County having a population of not less than eight hundred ninety-seven thousand four hundred (897,400) nor more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census;
- (2) County having a population of not less than twenty-eight thousand one hundred (28,100) nor more than twenty-eight thousand two hundred (28,200), according to the 2000 federal census or any subsequent federal census; or
- (3) Municipality in any county referenced in subdivision (a)(1) or (a)(2).
- (b) Section 39-17-1702 shall not apply to a municipality that has a more stringent curfew ordinance.
History (5)
- Acts 1995, ch. 314, § 3
- 1999, ch. 31, § 1
- 2002, ch. 507, § 1
- 2007, ch. 67, § 1
- 2007, ch. 586, § 4.
§ 39-17-1704. Authorization to adopt municipal curfew. - The county legislative body of any county having a population of not less than three hundred eighty-two thousand (382,000) nor more than three hundred eighty-two thousand one hundred (382,100), according to the 2000 federal census or any subsequent federal census, is authorized to adopt by a two-thirds (⅔) vote a curfew identical to that which a municipality located within that county has previously adopted by ordinance.
Part 18 Non-Smoker Protection Act § 39-17-1802. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Acceptable form of identification” means:
- (A) A state-issued driver license;
- (B) A state-issued identification card;
- (C) A valid passport; or
- (D) A valid military identification;
- (2) “Age-restricted venue” means a legal establishment that affirmatively restricts access to its buildings or facilities at all times to persons who are twenty-one (21) years of age or older by requiring each person who attempts to gain entry to those buildings or facilities to submit for inspection an acceptable form of identification for the express purpose of determining if the person is twenty-one (21) years of age or older;
- (3) “Cigar bar” means a legal establishment that:
- (A) Holds a valid license or permit for the on-premises consumption of alcoholic beverages;
- (B) Generates a portion of its total annual gross income from the on-site sale of cigars and the rental of humidors;
- (C) Does not knowingly sell products or services, or permit entrance to the premises, to a person who is less than twenty-one (21) years of age; and
- (D) Does not permit vaping or the smoking of products other than cigars on the premises;
- (4) “Employee” means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit and a person who volunteers that person's services for a nonprofit entity;
- (5) “Employer” means a person, business, partnership, association, corporation, including a municipal corporation, educational institution, trust, or nonprofit entity that employs the services of one (1) or more individual persons;
- (6) “Enclosed area” means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, that extend from the floor to the ceiling;
- (7) “Health care facility” means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions. “Health care facility” includes all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities;
- (8) “Person” means an individual, partnership, committee, association, corporation or any other organization or group of persons;
- (9) “Place of employment” means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a place of employment unless it is used as a child care, adult day care, or health care facility;
- (10) “Place of worship” means any enclosed area that is:
- (A) Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to § 67-5-212, based on ownership and use of the enclosed area by a religious institution; and
- (B) Utilized on a regular basis by such religious institution as the site of congregational services, rites or activities communally undertaken for the purpose of worship;
- (11)
- (A) “Private club” means any club or organization that does not permit the general public access to its facilities or activities. Access is denied to anyone who does not agree or adhere to the rules of membership. In order to be considered a private club or organization for purposes of this part, the club or organization shall adhere to all of the following criteria:
- (i) Have a permanent mechanism to carefully screen applicants for membership on subjective rather than objective factors;
- (ii) Limit access and use of facilities, services and activities of the organization to members and guests of the members;
- (iii) Be controlled by its membership and operate solely for the benefit and pleasure of its members; and
- (iv) Advertise exclusively and only to its members, excluding membership drives;
- (B) “Private club” also means any institution or organization that has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(19);
- (12) “Public place” means an enclosed area to which the public is invited, including, but not limited to, banks, educational facilities, health care facilities, hotel and motel lobbies, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, recreational facilities, retail service establishments, retail stores, shopping malls, sports arenas, theaters, places of employment and waiting rooms;
- (13) “Restaurant” means an eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, that gives, or offers for sale, food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. “Restaurant” includes a bar area within the restaurant;
- (14) “Retail tobacco store” means a retail store that derives its largest category of sales from tobacco products and accessories;
- (15) “Retail vapor product store” means a retail store that derives the store's largest category of sales from vapor products and accessories;
- (16) “Service line” means an indoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money;
- (17) “Shopping mall” means an enclosed public walkway or hall area that serves to connect retail or professional establishments;
- (18)
- (A) “Smoking” means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or in any form;
- (B) “Smoking” also means using a vapor product that delivers aerosolized or vaporized nicotine, or any other substance, to the person inhaling from the device;
- (19) “Sports arena” means sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events; and
- (20) “Vapor product” has the same meaning as defined in § 39-17-1503.
History (4)
- Acts 2007, ch. 410, § 1
- 2008, ch. 897, § 2
- 2021, ch. 551, §§ 1, 2
- 2022, ch. 1110, § 4.
§ 39-17-1803. Places where smoking is prohibited. - (a) Smoking is prohibited in all enclosed public places within this state, including, but not limited to, the following places:
- (1) Aquariums, galleries, libraries, and museums;
- (2) Areas available to and customarily used by the general public in businesses and nonprofit entities patronized by the public, including, but not limited to, banks, laundromats, factories, professional offices, and retail service establishments;
- (3) Child care and adult day care facilities;
- (4) Convention facilities;
- (5) Educational facilities, both public and private, except as provided by § 49-7-135;
- (6) Elevators;
- (7) Health care facilities;
- (8) Hotels and motels;
- (9) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;
- (10) Polling places;
- (11) Public and private transportation facilities, including trains, buses, taxicabs and airports under the authority of state or local governments, and ticket, boarding, and waiting areas of public transit depots;
- (12) Restaurants;
- (13) Restrooms, lobbies, reception areas, hallways, and other common-use areas;
- (14) Retail stores;
- (15) Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of this state or a political subdivision of the state, to the extent the place is subject to the jurisdiction of the state;
- (16) Service lines;
- (17) Shopping malls;
- (18) Sports arenas, including enclosed public places in outdoor arenas; and
- (19) Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances.
- (b) This prohibition on smoking shall be communicated to all existing employees and to all prospective employees upon their application of employment.
History (2)
- Acts 2007, ch. 410, § 1
- 2017, ch. 161, § 2.
§ 39-17-1804. Exempted areas. - Notwithstanding any other provision of this part to the contrary, the following areas shall be exempt from § 39-17-1803:
- (1) Age-restricted venues; provided, that an age-restricted venue does not lose the exemption if an employee is:
- (A) At least sixteen (16) years of age;
- (B) Not employed at an adult-oriented establishment, as defined in § 7- 51-1102; and
- (C) A child of the owner of the age-restricted venue;
- (2) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, that no more than twenty-five percent (25%) of rooms rented to guests in a hotel or motel may be so designated. All smoking rooms on the same floor shall be contiguous and smoke from these rooms shall not infiltrate into areas where smoking is prohibited pursuant to this part;
- (3) All premises of any manufacturer, importer, or wholesaler of tobacco or vapor products, all premises of any tobacco leaf dealer or processor, and all tobacco storage facilities;
- (4)
- (A) Nonenclosed areas of public places, including:
- (i) Open air patios, porches or decks;
- (ii) Any area enclosed by garage type doors on one (1) or more sides when all those doors are completely open; and
- (iii) Any area enclosed by tents or awnings with removable sides or vents when all those sides or vents are completely removed or open;
- (B) Smoke from those nonenclosed areas shall not infiltrate into areas where smoking is prohibited pursuant to this part;
- (5) Nursing homes and long-term care facilities licensed pursuant to title 68, chapter 11; provided, that this exemption shall only apply to residents of those facilities and that resident smoking practices shall be governed by the policies and procedures established by those facilities. Smoke from such areas shall not infiltrate into areas where smoking is prohibited pursuant to this part;
- (6) Private businesses with three (3) or fewer employees where, in the discretion of the business owner, smoking may be allowed in an enclosed room not accessible to the general public. Smoke from that room shall not infiltrate into areas where smoking is prohibited pursuant to this part;
- (7) Private clubs; provided, that this exemption shall not apply to any entity that is established solely for the purpose of avoiding compliance with this part;
- (8) Private homes, private residences and private motor vehicles, unless those homes, residences and motor vehicles are being used for child care or day care or unless the private vehicle is being used for the public transportation of children or as part of health care or day care transportation;
- (9) Retail tobacco stores, cigar bars, and retail vapor product stores that prohibit persons under twenty-one (21) years of age on their premises; and
- (10) Commercial vehicles when the vehicle is occupied solely by the operator.
History (5)
- Acts 2007, ch. 410, § 1
- 2020, ch. 732, § 22
- 2021, ch. 415, § 1
- 2021, ch. 551, §§ 3, 4
- 2022, ch. 1110, § 5.
§ 39-17-1805. Posting of nonsmoking areas. - (a) “No Smoking” signs or the international “No Smoking” symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly and conspicuously posted at every entrance to every public place and place of employment where smoking is prohibited by this part by the owner, operator, manager, or other person in control of that place.
- (b) This section shall not apply to a place of worship.
History (2)
- Acts 2007, ch. 410, § 1
- 2008, ch. 897, § 1.
§ 39-17-1806. Enforcement — Notice — Complaints — Inspections — Informing violators. - (a) This part shall be enforced by the department of health in those enclosed public places otherwise regulated by the department. This part shall be enforced by the department of labor and workforce development in those enclosed public places otherwise regulated by the department. If neither department otherwise regulates an enclosed public place where smoking is prohibited pursuant to this part, the department of labor and workforce development shall enforce this part. The commissioner of health or the commissioner of labor and workforce development may apply for injunctive relief to enforce this part in any court of competent jurisdiction.
- (b) Notice of the provisions of this part shall be given to all applicants for a business license pursuant to title 67, chapter 4, part 7.
- (c) Any person who desires to register a complaint under this part may initiate the complaint with the department of health or the department of labor and workforce development, or both.
- (d) The department of health and the department of labor and workforce development shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this part.
- (e) An owner, manager, operator, or employee of an establishment regulated by this part shall inform persons violating this part of the appropriate provisions of this part.
§ 39-17-1807. Penalties. - (a) A person who knowingly smokes in an area where smoking is prohibited by this part shall be subject only to a civil penalty of fifty dollars ($50.00).
- (b) A person who owns, manages, operates or otherwise controls any public place where smoking is prohibited pursuant to this part and who knowingly fails to comply with any provision of this part shall be subject to the following:
- (1) For a first violation in any twelve-month period, a written warning from the department of health or department of labor and workforce development, as appropriate;
- (2) For a second violation in any twelve-month period, a civil penalty of one hundred dollars ($100); and
- (3) For a third or subsequent violation in any twelve-month period, a civil penalty of five hundred dollars ($500).
- (c) Each day on which a knowing violation of this part occurs shall be considered a separate and distinct violation.
§ 39-17-1809. Local operating procedures. - The commissioner of health and the commissioner of labor and workforce development shall annually request other governmental and educational agencies to establish local operating procedures in cooperation and compliance with this part.
§ 39-17-1811. Rules and regulations. - (a) The department of health, in consultation with the department of labor and workforce development, is authorized to promulgate rules and regulations to effectuate this part.
- (b) The department of labor and workforce development, in consultation with the department of health, is authorized to promulgate rules and regulations to effectuate this part.
2024 Tennessee Code Unannotated