T. C. A. § 39-1-101
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 1. General Provisions [Repealed]
Part 1. Definitions and Construction
§§ 39-1-101 to 39-1-105. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-1-105
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 1. General Provisions [Repealed]
Part 1. Definitions and Construction
§§ 39-1-101 to 39-1-105. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-1-201
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 1. General Provisions [Repealed]
Part 2. Penalties
§§ 39-1-201, 39-1-202. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-1-202
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 1. General Provisions [Repealed]
Part 2. Penalties
§§ 39-1-201, 39-1-202. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-1-301
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 1. General Provisions [Repealed]
Part 3. Accessories
§§ 39-1-301 to 39-1-307. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-1-307
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 1. General Provisions [Repealed]
Part 3. Accessories
§§ 39-1-301 to 39-1-307. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-1-401
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 1. General Provisions [Repealed]
Part 4. Solicitation
§§ 39-1-401 to 39-1-404. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-1-404
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 1. General Provisions [Repealed]
Part 4. Solicitation
§§ 39-1-401 to 39-1-404. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-1-501
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 1. General Provisions [Repealed]
Part 5. Attempts
§§ 39-1-501 to 39-1-507. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-1-507
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 1. General Provisions [Repealed]
Part 5. Attempts
§§ 39-1-501 to 39-1-507. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-1-601
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 1. General Provisions [Repealed]
Part 6. Conspiracy
§§ 39-1-601 to 39-1-615. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-1-615
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 1. General Provisions [Repealed]
Part 6. Conspiracy
§§ 39-1-601 to 39-1-615. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-1-701
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 1. General Provisions [Repealed]
Part 7. Class X Felonies
§§ 39-1-701 to 39-1-704. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-1-704
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 1. General Provisions [Repealed]
Part 7. Class X Felonies
§§ 39-1-701 to 39-1-704. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-1-801
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 1. General Provisions [Repealed]
Part 8. Habitual Criminals
§§ 39-1-801 to 39-1-807. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-1-807
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 1. General Provisions [Repealed]
Part 8. Habitual Criminals
§§ 39-1-801 to 39-1-807. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-1-901
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 1. General Provisions [Repealed]
Part 9. Forfeiture of Criminal Proceeds
§§ 39-1-901 to 39-1-903. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-1-903
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 1. General Provisions [Repealed]
Part 9. Forfeiture of Criminal Proceeds
§§ 39-1-901 to 39-1-903. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-1-1001
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 1. General Provisions [Repealed]
Part 10. Racketeer Influenced and Corrupt Organizations
§§ 39-1-1001 to 39-1-1010. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-1-1010
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 1. General Provisions [Repealed]
Part 10. Racketeer Influenced and Corrupt Organizations
§§ 39-1-1001 to 39-1-1010. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-2-101
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 2. Offenses Against the Person [Repealed]
Part 1. Assaults and Injuries
§§ 39-2-101 to 39-2-119. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-2-119
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 2. Offenses Against the Person [Repealed]
Part 1. Assaults and Injuries
§§ 39-2-101 to 39-2-119. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-2-201
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 2. Offenses Against the Person [Repealed]
Part 2. Homicide
§§ 39-2-201 to 39-2-235. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-2-235
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 2. Offenses Against the Person [Repealed]
Part 2. Homicide
§§ 39-2-201 to 39-2-235. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-2-301
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 2. Offenses Against the Person [Repealed]
Part 3. Kidnapping and Hostages
§§ 39-2-301 to 39-2-305. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-2-305
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 2. Offenses Against the Person [Repealed]
Part 3. Kidnapping and Hostages
§§ 39-2-301 to 39-2-305. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-2-401
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 2. Offenses Against the Person [Repealed]
Part 4. Libel
§§ 39-2-401 to 39-2-404. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-2-404
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 2. Offenses Against the Person [Repealed]
Part 4. Libel
§§ 39-2-401 to 39-2-404. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-2-501
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 2. Offenses Against the Person [Repealed]
Part 5. Robbery
§§ 39-2-501, 39-2-502. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-2-502
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 2. Offenses Against the Person [Repealed]
Part 5. Robbery
§§ 39-2-501, 39-2-502. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-2-601
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 2. Offenses Against the Person [Repealed]
Part 6. Sexual Offenses
§§ 39-2-601 to 39-2-630. Repealed by Acts 1989, ch. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-2-630
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 2. Offenses Against the Person [Repealed]
Part 6. Sexual Offenses
§§ 39-2-601 to 39-2-630. Repealed by Acts 1989, ch. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-2-631
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 2. Offenses Against the Person [Repealed]
Part 6. Sexual Offenses
§§ 39-2-631 to 39-2-635. Repealed by Acts 1986, ch. 774, § 11
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-2-635
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 2. Offenses Against the Person [Repealed]
Part 6. Sexual Offenses
§§ 39-2-631 to 39-2-635. Repealed by Acts 1986, ch. 774, § 11
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-2-636
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 2. Offenses Against the Person [Repealed]
Part 6. Sexual Offenses
§§ 39-2-636 to 39-2-638. Repealed by Acts 1989, ch. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-2-638
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 2. Offenses Against the Person [Repealed]
Part 6. Sexual Offenses
§§ 39-2-636 to 39-2-638. Repealed by Acts 1989, ch. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-2-639
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 2. Offenses Against the Person [Repealed]
Part 6. Sexual Offenses
§ 39-2-639. Repealed by Acts 1986, ch. 774, § 11
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-2-640
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 2. Offenses Against the Person [Repealed]
Part 6. Sexual Offenses
§§ 39-2-640 to 39-2-642. Repealed by Acts 1989, ch. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-2-642
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 2. Offenses Against the Person [Repealed]
Part 6. Sexual Offenses
§§ 39-2-640 to 39-2-642. Repealed by Acts 1989, ch. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-2-701
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 2. Offenses Against the Person [Repealed]
Part 7. Threats, Intimidation and Extortion
§§ 39-2-701 to 39-2-710. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-2-710
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 2. Offenses Against the Person [Repealed]
Part 7. Threats, Intimidation and Extortion
§§ 39-2-701 to 39-2-710. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-101
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 1. Animals
§§ 39-3-101 to 39-3-131. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-131
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 1. Animals
§§ 39-3-101 to 39-3-131. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-201
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 2. Arson and Burning
§§ 39-3-201 to 39-3-226. Repealed by Acts 1989, ch. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-226
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 2. Arson and Burning
§§ 39-3-201 to 39-3-226. Repealed by Acts 1989, ch. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-227
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 2. Arson and Burning
§§ 39-3-227. Repealed by Acts 1983, ch. 329, § 2.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-301
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 3. Bad Checks
§§ 39-3-301 to 39-3-310. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-310
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 3. Bad Checks
§§ 39-3-301 to 39-3-310. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-401
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 4. Burglary
§§ 39-3-401 to 39-3-408. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-408
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 4. Burglary
§§ 39-3-401 to 39-3-408. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-501
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 5. Credit Card Crimes
§§ 39-3-501 to 39-3-513. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-513
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 5. Credit Card Crimes
§§ 39-3-501 to 39-3-513. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-601
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 6. Debit Card Crimes
§§ 39-3-601 to 39-3-615. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-615
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 6. Debit Card Crimes
§§ 39-3-601 to 39-3-615. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-701
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 7. Explosives
§§ 39-3-701 to 39-3-711. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-711
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 7. Explosives
§§ 39-3-701 to 39-3-711. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-801
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 8. Forgery and Counterfeiting
§§ 39-3-801 to 39-3-821. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-821
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 8. Forgery and Counterfeiting
§§ 39-3-801 to 39-3-821. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-901
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 9. Fraud and False Dealing
§§ 39-3-901 to 39-3-954. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-954
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 9. Fraud and False Dealing
§§ 39-3-901 to 39-3-954. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-1001
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 10. Litter Control
§§ 39-3-1001 to 39-3-1010. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-1010
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 10. Litter Control
§§ 39-3-1001 to 39-3-1010. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-1101
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 11. Theft, Larceny and Embezzlement
§§ 39-3-1101 to 39-3-1136. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-1136
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 11. Theft, Larceny and Embezzlement
§§ 39-3-1101 to 39-3-1136. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-1201
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 12. Trespass and Loitering
§§ 39-3-1201 to 39-3-1212. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-1212
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 12. Trespass and Loitering
§§ 39-3-1201 to 39-3-1212. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-1301
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 13. Vandalism and Injuries to Property
§§ 39-3-1301 to 39-3-1327. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-1327
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 13. Vandalism and Injuries to Property
§§ 39-3-1301 to 39-3-1327. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-1401
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 14. Computer Crimes
§§ 39-3-1401 to 39-3-1406. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-3-1406
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 3. Offenses Against Property [Repealed]
Part 14. Computer Crimes
§§ 39-3-1401 to 39-3-1406. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-4-101
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 4. Offenses Against the Family [Repealed]
Part 1. Abandonment of Spouse or Child
§§ 39-4-101 to 39-4-113. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-4-113
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 4. Offenses Against the Family [Repealed]
Part 1. Abandonment of Spouse or Child
§§ 39-4-101 to 39-4-113. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-4-201
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 4. Offenses Against the Family [Repealed]
Part 2. Abortion
§§ 39-4-201 to 39-4-208. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-4-208
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 4. Offenses Against the Family [Repealed]
Part 2. Abortion
§§ 39-4-201 to 39-4-208. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-4-301
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 4. Offenses Against the Family [Repealed]
Part 3. Bigamy and Incest
§§ 39-4-301 to 39-4-307. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-4-307
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 4. Offenses Against the Family [Repealed]
Part 3. Bigamy and Incest
§§ 39-4-301 to 39-4-307. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-4-401
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 4. Offenses Against the Family [Repealed]
Part 4. Children
§§ 39-4-401 to 39-4-422. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-4-422
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 4. Offenses Against the Family [Repealed]
Part 4. Children
§§ 39-4-401 to 39-4-422. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-5-101
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 5. Offenses Against the Administration of Government [Repealed]
Part 1. Bribery
§§ 39-5-101 to 39-5-116. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-5-116
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 5. Offenses Against the Administration of Government [Repealed]
Part 1. Bribery
§§ 39-5-101 to 39-5-116. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-5-201
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 5. Offenses Against the Administration of Government [Repealed]
Part 2. Contraband in Prisons
§§ 39-5-201, 39-5-202. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-5-202
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 5. Offenses Against the Administration of Government [Repealed]
Part 2. Contraband in Prisons
§§ 39-5-201, 39-5-202. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-5-301
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 5. Offenses Against the Administration of Government [Repealed]
Part 3. False Personation
§§ 39-5-301 to 39-5-303. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-5-303
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 5. Offenses Against the Administration of Government [Repealed]
Part 3. False Personation
§§ 39-5-301 to 39-5-303. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-5-401
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 5. Offenses Against the Administration of Government [Repealed]
Part 4. Misconduct Involving Public Officials and Employees
§§ 39-5-401 to 39-5-440. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-5-440
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 5. Offenses Against the Administration of Government [Repealed]
Part 4. Misconduct Involving Public Officials and Employees
§§ 39-5-401 to 39-5-440. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-5-501
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 5. Offenses Against the Administration of Government [Repealed]
Part 5. Obstruction of Justice and Law Enforcement
§§ 39-5-501 to 39-5-522. Repealed by Acts 1989, ch. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-5-522
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 5. Offenses Against the Administration of Government [Repealed]
Part 5. Obstruction of Justice and Law Enforcement
§§ 39-5-501 to 39-5-522. Repealed by Acts 1989, ch. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-5-523
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 5. Offenses Against the Administration of Government [Repealed]
Part 5. Obstruction of Justice and Law Enforcement
§ 39-5-523. Repealed by Acts 1986, ch. 583, § 2.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-5-524
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 5. Offenses Against the Administration of Government [Repealed]
Part 5. Obstruction of Justice and Law Enforcement
§§ 39-5-524 to 39-5-530. Repealed by Acts 1989, ch. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-5-530
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 5. Offenses Against the Administration of Government [Repealed]
Part 5. Obstruction of Justice and Law Enforcement
§§ 39-5-524 to 39-5-530. Repealed by Acts 1989, ch. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-5-601
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 5. Offenses Against the Administration of Government [Repealed]
Part 6. Perjury
§§ 39-5-601 to 39-5-606. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-5-606
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 5. Offenses Against the Administration of Government [Repealed]
Part 6. Perjury
§§ 39-5-601 to 39-5-606. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-5-701
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 5. Offenses Against the Administration of Government [Repealed]
Part 7. Rescues and Escapes
§§ 39-5-701 to 39-5-720. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-5-720
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 5. Offenses Against the Administration of Government [Repealed]
Part 7. Rescues and Escapes
§§ 39-5-701 to 39-5-720. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-5-801
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 5. Offenses Against the Administration of Government [Repealed]
Part 8. Treason, Disloyal Conduct and Sabotage
§§ 39-5-801 to 39-5-848. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-5-848
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 5. Offenses Against the Administration of Government [Repealed]
Part 8. Treason, Disloyal Conduct and Sabotage
§§ 39-5-801 to 39-5-848. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-101
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 1. Miscellaneous
§§ 39-6-101 to 39-6-110. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-110
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 1. Miscellaneous
§§ 39-6-101 to 39-6-110. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-201
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 2. Common Carriers
§§ 39-6-201 to 39-6-216. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-216
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 2. Common Carriers
§§ 39-6-201 to 39-6-216. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-301
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 3. Disorderly Conduct and Riots
§§ 39-6-301 to 39-6-346. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-346
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 3. Disorderly Conduct and Riots
§§ 39-6-301 to 39-6-346. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-401
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 4. Drugs
§§ 39-6-401 to 39-6-458. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-458
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 4. Drugs
§§ 39-6-401 to 39-6-458. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-501
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 5. Fraternal Organizations and Secret Societies
§§ 39-6-501 to 39-6-507. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-507
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 5. Fraternal Organizations and Secret Societies
§§ 39-6-501 to 39-6-507. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-601
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 6. Gambling
§§ 39-6-601 to 39-6-635. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-635
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 6. Gambling
§§ 39-6-601 to 39-6-635. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-701
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 7. Graves and Dead Bodies
§§ 39-6-701 to 39-6-707. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-707
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 7. Graves and Dead Bodies
§§ 39-6-701 to 39-6-707. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-801
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 8. Highways
§§ 39-6-801 to 39-6-806. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-806
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 8. Highways
§§ 39-6-801 to 39-6-806. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-901
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 9. Intoxicating Liquors
§§ 39-6-901 to 39-6-930. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-930
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 9. Intoxicating Liquors
§§ 39-6-901 to 39-6-930. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-1001
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 10. Nuisances
§§ 39-6-1001 to 39-6-1003. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-1003
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 10. Nuisances
§§ 39-6-1001 to 39-6-1003. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-1101
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 11. Obscenity
§§ 39-6-1101 to 39-6-1142. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-1142
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 11. Obscenity
§§ 39-6-1101 to 39-6-1142. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-1201
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 12. Professional or Business Misconduct
§§ 39-6-1201 to 39-6-1210. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-1210
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 12. Professional or Business Misconduct
§§ 39-6-1201 to 39-6-1210. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-1301
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 13. Public Events
§§ 39-6-1301 to 39-6-1304. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-1304
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 13. Public Events
§§ 39-6-1301 to 39-6-1304. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-1401
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 14. Race Relations
§§ 39-6-1401 to 39-6-1407. Repealed by 1983 Pub.Acts, c. 350, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-1407
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 14. Race Relations
§§ 39-6-1401 to 39-6-1407. Repealed by 1983 Pub.Acts, c. 350, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-1501
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 15. Solicitation of Funds
§§ 39-6-1501 to 39-6-1522. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-1522
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 15. Solicitation of Funds
§§ 39-6-1501 to 39-6-1522. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-1601
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 16. Waters and Watercourses
§§ 39-6-1601 to 39-6-1614. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-1614
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 16. Waters and Watercourses
§§ 39-6-1601 to 39-6-1614. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-1701
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 17. Weapons
§§ 39-6-1701 to 39-6-1725. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-1725
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 17. Weapons
§§ 39-6-1701 to 39-6-1725. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-1801
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 18. Malicious Intimidation or Harassment
§§ 39-6-1801 to 39-6-1804. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-6-1804
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 6. Offenses Against Public Health, Safety or Welfare [Repealed]
Part 18. Malicious Intimidation or Harassment
§§ 39-6-1801 to 39-6-1804. Repealed by 1989 Pub.Acts, c. 591, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. T. 39, Ch. 7 to 10, Reserved
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapters 7 to 10. Reserved
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. T. 39, Ch. 11, Pt. 1, Refs & Annos
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 1. Construction
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-101
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 1. Construction (Refs & Annos)
§ 39-11-101. Purpose
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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-102
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 1. Construction (Refs & Annos)
§ 39-11-102. Scope
(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) The provisions of 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-103
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 1. Construction (Refs & Annos)
§ 39-11-103. 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1000, § 5.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-104
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 1. Construction (Refs & Annos)
§ 39-11-104. Construction of law
The provisions of this title shall be construed according to the fair import of their terms, including reference to judicial decisions and common law interpretations, to promote justice, and effect the objectives of the criminal code.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-105
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 1. Construction (Refs & Annos)
§ 39-11-105. Age; determination
A person attains a specified age on the day of the anniversary of the person's birthdate.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-106
Effective: July 1, 2011
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 1. Construction (Refs & Annos)
§ 39-11-106. Definitions
(a) As used in this title, unless the context requires otherwise:
(1) “Benefit” means anything reasonably regarded as economic gain, enhancement or advantage, including benefit to any other person in whose welfare the beneficiary is interested;
(2) “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;
(3) “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;
(4) “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;
(5) “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;
(6)(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;
(7) “Defendant” means a person accused of an offense under this title and includes any person who aids or abets the commission of such offense;
(8) “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;
(9) “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;
(10) “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;
(11) “Firearm” means any weapon designed, made or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use;
(12) “Force” means compulsion by the use of physical power or violence and shall be broadly construed to accomplish the purposes of this title;
(13) “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;
(14) “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;
(15) “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;
(16) “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;
(17) “Harm” means anything reasonably regarded as loss, disadvantage or injury, including harm to another person in whose welfare the person affected is interested;
(18) “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;
(19) “Jail” includes workhouse and “workhouse” includes jail, whenever the context so requires or will permit;
(20) “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;
(21) “Law enforcement officer” means an officer, employee or agent of government who has a duty imposed by law to:
(A) Maintain public order; or
(B) Make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses; and
(C) Investigate the commission or suspected commission of offenses;
(22) “Legal privilege” means a particular or peculiar benefit or advantage created by law;
(23) “Minor” means any person under eighteen (18) years of age;
(24)(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;
(25) “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;
(26) “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;
(27) “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;
(28) “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;
(29) “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;
(30) “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;
(31) “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;
(32)(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;
(33) “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 title 62, chapter 35;
(34) “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 eight (8) years of age or less;
(35) “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)(35) or a specific statute exists covering the same or similar conduct; and
(36) “Value”:
(A) Subject to the additional criteria of subdivisions (a)(36)(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)(36)(A) and (B), the property or service is deemed to have a value of less than fifty dollars ($50.00); and
(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)(36)(A), (B) or (C) to determine value.
(b) The definition of a term in subsection (a) applies to each grammatical variation of the term.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1030, §§ 1, 2; 1995 Pub.Acts, c. 322, § 1, eff. July 1, 1995; 1996 Pub.Acts, c. 1009, § 22, eff. Nov. 1, 1996; 1997 Pub.Acts, c. 437, § 2, eff. July 1, 1997; 2009 Pub.Acts, c. 307, § 1, eff. July 1, 2009; 2009 Pub.Acts, c. 325, § 1, eff. July 1, 2009; 2011 Pub.Acts, c. 348, § 1, eff. July 1, 2011.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-107
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 1. Construction (Refs & Annos)
§§ 39-11-107, 39-11-108. Reserved
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-108
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 1. Construction (Refs & Annos)
§§ 39-11-107, 39-11-108. Reserved
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-109
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 1. Construction (Refs & Annos)
§ 39-11-109. Prosecution; multiple statutes
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-110
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 1. Construction (Refs & Annos)
§ 39-11-110. Felony; misdemeanor; 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-111
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 1. Construction (Refs & Annos)
§ 39-11-111. Misdemeanors; no penalty prescribed
When the performance or nonperformance of any act is made criminal by statute, and no penalty, punishment or forfeiture for the violation of that statute is imposed, the doing of the act is a misdemeanor.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-112
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 1. Construction (Refs & Annos)
§ 39-11-112. Repealed or amended statutes; prosecution
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 the provisions of § 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-113
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 1. Construction (Refs & Annos)
§ 39-11-113. Felony; penalty not prescribed
Every person who is convicted of a felony, the punishment for which is not otherwise prescribed by a statute of this state, shall be sentenced as for a Class E felony.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-114
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 1. Construction (Refs & Annos)
§ 39-11-114. Class A misdemeanor; penalty not prescribed
Every person who is convicted of a misdemeanor, the punishment for which is not otherwise prescribed by a statute of this state, shall be sentenced as for a Class A misdemeanor.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-115
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 1. Construction (Refs & Annos)
§ 39-11-115. Value; determination
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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-116
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 1. Construction (Refs & Annos)
§ 39-11-116. Repealed by 1998 Pub.Acts, c. 979, § 1
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-117
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 1. Construction (Refs & Annos)
§ 39-11-117. First degree murder; classification
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-118
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 1. Construction (Refs & Annos)
§ 39-11-118. Restitution
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 the provisions of §§ 40-35-104(c)(2) and 40-35-304.
CREDIT(S)
1996 Pub.Acts, c. 699, § 1, eff. July 1, 1996.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-201
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 2. Burden of Proof
§ 39-11-201. General provisions
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1030, § 3.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-202
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 2. Burden of Proof
§ 39-11-202. Exceptions
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1030, § 4.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-203
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 2. Burden of Proof
§ 39-11-203. Defenses
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-204
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 2. Burden of Proof
§ 39-11-204. Affirmative defenses
(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(s) 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 the provisions of 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) The provisions of 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1030, § 5.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-301
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 3. Culpability
§ 39-11-301. 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1030, §§ 6, 7.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-302
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 3. Culpability
§ 39-11-302. Definitions
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-401
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 4. Criminal Responsibility
§ 39-11-401. Responsible parties
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-402
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 4. Criminal Responsibility
§ 39-11-402. 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-403
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 4. Criminal Responsibility
§ 39-11-403. Felonies; facilitation
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-404
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 4. Criminal Responsibility
§ 39-11-404. Corporations
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-405
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 4. Criminal Responsibility
§ 39-11-405. Corporations; individual liability
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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-406
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 4. Criminal Responsibility
§ 39-11-406. Corporations; affirmative defenses
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-407
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 4. Criminal Responsibility
§ 39-11-407. Defenses; exceptions
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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-408
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 4. Criminal Responsibility
§§ 39-11-408 to 39-11-410. Reserved
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-410
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 4. Criminal Responsibility
§§ 39-11-408 to 39-11-410. Reserved
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-411
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 4. Criminal Responsibility
§ 39-11-411. Accessories after 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1994 Pub.Acts, c. 978, § 4, eff. July 1, 1994; 1995 Pub.Acts, c. 281, § 1, eff. May 26, 1995.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-501
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1995 Pub.Acts, c. 494, § 1, eff. July 1, 1995.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-502
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 5. General Defenses
§ 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1995 Pub.Acts, c. 495, § 1, eff. July 1, 1995.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-503
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 5. General Defenses
§ 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-504
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 5. General Defenses
§ 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 or serious bodily injury 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-505
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 5. General Defenses
§ 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-601
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 6. Justification Excluding Criminal Responsibility
§ 39-11-601. Defense; justification
It is a defense to prosecution that the conduct of the person is justified under this part.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-602
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 6. Justification Excluding Criminal Responsibility
§ 39-11-602. 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-603
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 6. Justification Excluding Criminal Responsibility
§ 39-11-603. Confinement; requirements
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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-604
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 6. Justification Excluding Criminal Responsibility
§ 39-11-604. Third persons; reckless injury
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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-605
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 6. Justification Excluding Criminal Responsibility
§ 39-11-605. Construction of law; civil remedies
The fact that conduct is justified under this part does not abolish or impair any remedy for the conduct that is or may be available in a civil suit.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-606
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 6. Justification Excluding Criminal Responsibility
§§ 39-11-606 to 39-11-608. Reserved
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-608
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 6. Justification Excluding Criminal Responsibility
§§ 39-11-606 to 39-11-608. Reserved
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-609
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 6. Justification Excluding Criminal Responsibility
§ 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-610
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 6. Justification Excluding Criminal Responsibility
§ 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-611
Effective: March 23, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 6. Justification Excluding Criminal Responsibility
§ 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 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, and who has been appointed or designated by the owner of a category I nuclear facility to provide security for the facility;
(7) “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
(8) “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 unlawful activity 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 unlawful activity 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 or serious bodily injury;
(B) The danger creating the belief of imminent death or serious bodily injury is real, or honestly believed to be real at the time; and
(C) The belief of danger is founded upon reasonable grounds.
(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) Notwithstanding § 39-17-1322, the person using force is engaged in an unlawful activity or is using the dwelling, business, residence, or occupied vehicle to further an unlawful activity; 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, including, but not limited to, situations where a person is attempting to, or has, unlawfully or forcefully entered a category I nuclear 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 or serious bodily injury;
(3) Deadly force appears reasonably necessary to prevent the imminent infliction or threatened infliction of death or serious bodily harm or the sabotage of an occupied facility by explosives;
(4) Deadly force appears reasonably necessary to prevent the theft, sabotage, or unauthorized control 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 or serious bodily harm to nuclear security officers or others unless apprehended without delay.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1030, § 8; 2007 Pub.Acts, c. 210, § 1, eff. May 22, 2007; 2008 Pub.Acts, c. 1012, § 1, eff. July 1, 2008; 2009 Pub.Acts, c. 194, § 2, eff. July 1, 2009; 2012 Pub.Acts, c. 627, §§ 1, 2, eff. March 23, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-612
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 6. Justification Excluding Criminal Responsibility
§ 39-11-612. Defense of another
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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-613
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 6. Justification Excluding Criminal Responsibility
§ 39-11-613. Suicide or self inflicted injury; prevention
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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-614
Effective: July 1, 2009
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 6. Justification Excluding Criminal Responsibility
§ 39-11-614. Property; protection
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 2009 Pub.Acts, c. 194, § 1, eff. July 1, 2009.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-615
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 6. Justification Excluding Criminal Responsibility
§ 39-11-615. Property; third persons; protection
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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-616
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 6. Justification Excluding Criminal Responsibility
§ 39-11-616. Property; protection; devices
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-617
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 6. Justification Excluding Criminal Responsibility
§§ 39-11-617 to 39-11-619. Reserved
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-619
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 6. Justification Excluding Criminal Responsibility
§§ 39-11-617 to 39-11-619. Reserved
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-620
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 6. Justification Excluding Criminal Responsibility
§ 39-11-620. Deadly force; law enforcement officers
(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
(2) The officer has probable cause to believe that the individual to be arrested poses a threat of serious bodily injury, either to the officer or to others unless immediately apprehended.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1030, § 9.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-621
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 6. Justification Excluding Criminal Responsibility
§ 39-11-621. Deadly force; private citizens
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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-622
Effective: August 14, 2008
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 6. Justification Excluding Criminal Responsibility
§ 39-11-622. Use of force; civil immunity; costs and fees
(a)(1) A person who uses force as permitted in §§ 39-11-611--39-11-614 or § 29-34-201, is justified in using such force and is immune from civil liability for the use of such force, unless:
(A) The person against whom force was used is a law enforcement officer, as defined in § 39-11-106 who:
(i) Was acting in the performance of the officer's official duties; and
(ii) Identified the officer in accordance with any applicable law; or
(iii) The person using force knew or reasonably should have known that the person was a law enforcement officer; or
(B) 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) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by a person in defense of any civil action brought against the person based upon the person's use of force, if the court finds that the defendant was justified in using such force pursuant to §§ 39-11-611--39-11-614 or § 29-34-201.
CREDIT(S)
2007 Pub.Acts, c. 210, § 3, eff. May 22, 2007.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. T. 39, Ch. 11, Pt. 7, Refs & Annos
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 7. Disposition of Forfeited Property
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-701
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 7. Disposition of Forfeited Property (Refs & Annos)
§ 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 of Tennessee, 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.
CREDIT(S)
1998 Pub.Acts, c. 979, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-702
Effective: August 14, 2008
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 7. Disposition of Forfeited Property (Refs & Annos)
§ 39-11-702. 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.
CREDIT(S)
1998 Pub.Acts, c. 979, § 2; 2000 Pub.Acts, c. 846, § 25, eff. July 1, 2001.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-703
Effective: July 1, 2011
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 7. Disposition of Forfeited Property (Refs & Annos)
§ 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) The following items are subject to judicial forfeiture as provided in this part:
(1) Conveyances, including aircraft, motor vehicles, and other vessels when used or intended to be used in connection with a violation of §§ 39-13-307, 39-13-308 and 39-13-309 committed on or after July 1, 2011;
(2) Books, records, telecommunication equipment, or computers when used or intended to be used in connection with a violation of §§ 39-13-307, 39-13-308 and 39-13-309 committed on or after July 1, 2011;
(3) Money or weapons when used or intended to be used in connection with a violation of §§ 39-13-307, 39-13-308 and 39-13-309 committed on or after July 1, 2011;
(4) Real property when used or intended to be used in connection with a violation of §§ 39-13-307, 39-13-308 and 39-13-309 committed on or after July 1, 2011;
(5) Everything of value furnished, or intended to be furnished, in exchange for an act in violation of §§ 39-13-307, 39-13-308 and 39-13-309 committed on or after July 1, 2011, all proceeds traceable to the exchange, and all negotiable instruments and securities used, or intended to be used, to facilitate the violation;
(6) Any property, real or personal, directly or indirectly acquired by or received in violation of such violation or as an inducement to violate such statutes, or any property traceable to the proceeds from the violation; and
(7) 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 §§ 39-13-307, 39-13-308 and 39-13-309 committed on or after July 1, 2011.
(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.
CREDIT(S)
1998 Pub.Acts, c. 979, § 3; 2009 Pub.Acts, c. 432, § 1, eff. July 1, 2009; 2011 Pub.Acts, c. 354, § 1, eff. July 1, 2011.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-704
Effective: August 11, 2010
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 7. Disposition of Forfeited Property (Refs & Annos)
§ 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.
CREDIT(S)
1998 Pub.Acts, c. 979, § 4; 2009 Pub.Acts, c. 432, §§ 2, 3, eff. July 1, 2009.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-705
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 7. Disposition of Forfeited Property (Refs & Annos)
§ 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.
CREDIT(S)
1998 Pub.Acts, c. 979, § 5; 2001 Pub.Acts, c. 381, § 1, eff. Jan. 1, 2002.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-706
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 7. Disposition of Forfeited Property (Refs & Annos)
§ 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.
CREDIT(S)
1998 Pub.Acts, c. 979, § 6.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-707
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 7. Disposition of Forfeited Property (Refs & Annos)
§ 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 the provisions of this part is not liable to any person for acts done in furtherance with the order or request.
CREDIT(S)
1998 Pub.Acts, c. 979, § 7.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-708
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 7. Disposition of Forfeited Property (Refs & Annos)
§ 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 provision of 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 the provisions of 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 must establish 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 defendant's interest in the property was acquired or appreciated following the commission of an act giving rise to forfeiture. 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) In establishing a preponderance of the evidence for forfeiture, 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.
CREDIT(S)
1998 Pub.Acts, c. 979, § 8; 2001 Pub.Acts, c. 381, § 2, eff. Jan. 1, 2002.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-709
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 7. Disposition of Forfeited Property (Refs & Annos)
§ 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 chancery court 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 chancery 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.
CREDIT(S)
1998 Pub.Acts, c. 979, § 9.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-710
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 7. Disposition of Forfeited Property (Refs & Annos)
§ 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 the provisions of this section.
(b) 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.
(1) 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.
(2) 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 insure 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.
CREDIT(S)
1998 Pub.Acts, c. 979, § 10; 2000 Pub.Acts, c. 846, § 26, eff. July 1, 2001.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-711
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 7. Disposition of Forfeited Property (Refs & Annos)
§ 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.
CREDIT(S)
1998 Pub.Acts, c. 979, § 11.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-712
Effective: July 1, 2009
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 7. Disposition of Forfeited Property (Refs & Annos)
§ 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 ( 1/3 ) 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.
CREDIT(S)
1998 Pub.Acts, c. 979, § 12; 2009 Pub.Acts, c. 432, § 4, eff. July 1, 2009.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-713
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 7. Disposition of Forfeited Property (Refs & Annos)
§ 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. The attorney general shall first 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. If any 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.
(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.
CREDIT(S)
1998 Pub.Acts, c. 979, § 13; 2005 Pub.Acts, c. 474, §§ 23 to 25, eff. June 18, 2005.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-714
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 7. Disposition of Forfeited Property (Refs & Annos)
§ 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.
CREDIT(S)
1998 Pub.Acts, c. 979, § 14.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-715
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 7. Disposition of Forfeited Property (Refs & Annos)
§ 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.
CREDIT(S)
1998 Pub.Acts, c. 979, § 15.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-716
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 7. Disposition of Forfeited Property (Refs & Annos)
§ 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.
CREDIT(S)
1998 Pub.Acts, c. 979, § 16.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-11-717
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 11. General Provisions
Part 7. Disposition of Forfeited Property (Refs & Annos)
§ 39-11-717. Supplement to other laws
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.
CREDIT(S)
1998 Pub.Acts, c. 979, § 17.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. T. 39, Ch. 12, Pt. 1, Refs & Annos
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 12. General Offenses
Part 1. Inchoate Offenses
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-12-101
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 12. General Offenses
Part 1. Inchoate Offenses (Refs & Annos)
§ 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-12-102
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 12. General Offenses
Part 1. Inchoate Offenses (Refs & Annos)
§ 39-12-102. Solicitation
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-12-103
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 12. General Offenses
Part 1. Inchoate Offenses (Refs & Annos)
§ 39-12-103. 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-12-104
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 12. General Offenses
Part 1. Inchoate Offenses (Refs & Annos)
§ 39-12-104. Renunciation; affirmative 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-12-105
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 12. General Offenses
Part 1. Inchoate Offenses (Refs & Annos)
§ 39-12-105. Defenses; exceptions
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 980, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-12-106
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 12. General Offenses
Part 1. Inchoate Offenses (Refs & Annos)
§ 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1030, § 10.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-12-107
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 12. General Offenses
Part 1. Inchoate Offenses (Refs & Annos)
§ 39-12-107. Classifications
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. T. 39, Ch. 12, Pt. 2, Refs & Annos
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 12. General Offenses
Part 2. Organized Crime
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-12-201
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 12. General Offenses
Part 2. Organized Crime (Refs & Annos)
§ 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.”
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-12-202
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 12. General Offenses
Part 2. Organized Crime (Refs & Annos)
§ 39-12-202. Findings and intent
(a) The general assembly hereby finds and declares that an effective means of punishing and deterring criminal activities of organized crime is through the forfeiture of profits acquired and accumulated as a result of such criminal activities. It is the intent of the general assembly that this part be used by prosecutors to punish and deter only such criminal activities.
(b)(1) 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, the motive or effect of which is to derive pecuniary gain.
(2) Nor is it the intent of the general assembly that employers or owners of businesses or corporations that are licensed to dispense controlled substances in this state be subject to the provisions of this part because of violations of this part committed by employees of the businesses or corporations, if the employers or owners did not know or have reason to know of the violations.
(3) This section shall be construed to further the intent stated within this part.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-12-203
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 12. General Offenses
Part 2. Organized Crime (Refs & Annos)
§ 39-12-203. 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 any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact, although not a legal entity, and it includes illicit as well as licit enterprises and governmental, as well as other entities, including criminal gangs, as defined in § 40-35-121(a);
(4) “Innocent person” includes bona fide purchasers and victims;
(5) “Investigative agency” means the office of the attorney general and reporter;
(6) “Pattern of racketeering activity” means engaging in at least two (2) incidents of racketeering conduct that have the same or similar intents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics and are not isolated incidents; provided, that at least one (1) of such incidents occurred after July 1, 1986, and that the last of the incidents occurred within two (2) years after a prior incident of racketeering conduct;
(7) “Person” means any individual or entity holding or capable of holding a legal or beneficial interest in property;
(8) “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;
(9) “Racketeering activity” means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit an act for financial gain that is a criminal offense involving controlled substances, and the amount of controlled substances involved in the offense is included under § 39-17-417(i) and (j) and its subdivisions or involving aggravated sexual exploitation of a minor, especially aggravated sexual exploitation of a minor under §§ 39-17-1004(b)(1)(A) and 39-17-1005(a)(1) or to commit, attempt to commit, conspire to commit, or to solicit, coerce, or intimidate another person to commit a criminal gang offense, as defined in § 40-35-121(a);
(10) “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;
(11) “RICO lien notice” means the notice described in § 39-12-207;
(12)(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; and
(13) “Unlawful debt” means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in this state in whole or in part, because the debt was incurred or contracted in violation of chapter 17, part 4 of this title, and the amount of controlled substances involved in the violation is included under the provisions of § 39-17-417(i) or (j) and its subdivisions or in violation of § 39-17-1004(b)(1)(A) or § 39-17-1005(a)(1), involving aggravated sexual exploitation of a minor and especially aggravated sexual exploitation of a minor.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1992 Pub.Acts, c. 937, §§ 1, 2; 2012 Pub.Acts, c. 1090, §§ 1, 2, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-12-204
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 12. General Offenses
Part 2. Organized Crime (Refs & Annos)
§ 39-12-204. Prohibited activities
(a) It is unlawful for any person who has, with criminal intent, received any proceeds derived, directly or indirectly, from a pattern of racketeering activity or through the collection of an unlawful debt to use or invest, whether directly or indirectly, any part of the proceeds or the proceeds derived from the use or investment thereof, in the acquisition of any title to or any right, interest, or equity in, real or personal property or in the establishment or operation of any enterprise.
(b) It is unlawful for any person, through a pattern of racketeering activity or through the collection of an unlawful debt, to acquire or maintain, directly or indirectly, an interest in or control of any enterprise of real or personal property.
(c) It is unlawful for any person employed by, or associated with, any enterprise to knowingly conduct or participate, directly or indirectly, in the enterprise through a pattern of racketeering activity or the collection of any unlawful debt.
(d) It is unlawful for any person to conspire or endeavor to violate any of the provisions of subsections (a), (b) or (c).
(e) Multiple and alternative violations of this section shall be alleged in multiple separate counts, with the factual basis for the alleged predicate acts set forth in each count. A person may only be convicted either of one (1) criminal violation of this section, including a conviction for conspiring to violate this section, or for one (1) or more of the predicate acts, but not both. The state shall not be required to elect submission to the jury of the several counts.
(f) In order to convict a person or persons under the provisions of this part, based upon a conspiracy to violate any subsection of this section, the state must prove that there was a meeting of the minds between all co-conspirators to violate this part and that an overt act in furtherance of the intention was committed.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-12-205
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 12. General Offenses
Part 2. Organized Crime (Refs & Annos)
§ 39-12-205. Fines and penalties
(a) Any person convicted of engaging in activity in violation of the provisions of this part commits a Class B felony and, upon conviction, shall be fined not more than two hundred fifty thousand dollars ($250,000) or sentenced to imprisonment from within Range II, unless the person qualifies for a higher range, or both.
(b)(1) In lieu of a fine otherwise authorized by law, any person convicted of engaging in conduct in violation of the provisions 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 the provisions of § 40-35-301.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-12-206
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 12. General Offenses
Part 2. Organized Crime (Refs & Annos)
§ 39-12-206. Actions and proceedings; forfeitures; limitation of actions
(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 the provisions 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 the provisions 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 a provision 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 the provisions of 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 provision of 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 the provisions 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 the provisions 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 provision of 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 977, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-12-207
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 12. General Offenses
Part 2. Organized Crime (Refs & Annos)
§ 39-12-207. RICO liens; notice
(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 the provisions of 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) The provisions of 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, the provisions of 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-12-208
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 12. General Offenses
Part 2. Organized Crime (Refs & Annos)
§ 39-12-208. RICO liens; notice; duration
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-12-209
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 12. General Offenses
Part 2. Organized Crime (Refs & Annos)
§ 39-12-209. Investigative agencies; powers and duties
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-12-210
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 12. General Offenses
Part 2. Organized Crime (Refs & Annos)
§ 39-12-210. Remedies; third parties
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-12-301
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 12. General Offenses
Part 3. Crimes of Force or Violence
§ 39-12-301. Definitions
As used in this part, unless the context otherwise requires:
(1) “Acting in concert”, as used in this part, means such conduct that would make one criminally responsible pursuant to § 39-11-401, § 39-11-402, or § 39-11-403; and
(2) “Crime of force or violence” means any of the following felony offenses:
(A) Aggravated assault as defined in § 39-13-102(a)(1);
(B) Robbery as defined in § 39-13-401; and
(C) Aggravated burglary as defined in § 39-14-403.
CREDIT(S)
2012 Pub.Acts, c. 725, § 2, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-12-302
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 12. General Offenses
Part 3. Crimes of Force or Violence
§ 39-12-302. Classification; crime of force or violence committed while acting in concert
(a) A crime of force or violence committed while acting in concert with two (2) or more other persons shall be classified one (1) classification higher than if it was committed alone.
(b) The indictment shall charge that the offense was committed while acting in concert with two (2) or more other persons.
CREDIT(S)
2012 Pub.Acts, c. 725, § 3, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. T. 39, Ch. 13, Refs & Annos
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. T. 39, Ch. 13, Pt. 1, Refs & Annos
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person
Part 1. Assaultive Offenses
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-101
Effective: May 27, 2010
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 1. Assaultive Offenses (Refs & Annos)
§ 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 is a Class A misdemeanor unless the offense is committed under subdivision (a)(3), in which event assault is a Class B misdemeanor; provided, that, if the offense is committed against a law enforcement officer under this section, then the maximum fine shall be five thousand dollars ($5,000).
(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 victim as defined in § 36-3-601(5), 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1030, § 11; 2002 Pub.Acts, c. 649, § 1, eff. July 1, 2002; 2009 Pub.Acts, c. 412, § 1, eff. July 1, 2009; 2010 Pub.Acts, c. 981, § 2, eff. May 27, 2010.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-102
Effective: July 1, 2011
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 1. Assaultive Offenses (Refs & Annos)
§ 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:
(i) Causes serious bodily injury to another;
(ii) Uses or displays a deadly weapon; or
(iii) Attempts or intends to cause bodily injury to another by strangulation; or
(B) Recklessly commits an assault as defined in § 39-13-101(a)(1), and:
(i) Causes serious bodily injury to another; or
(ii) Uses or displays a deadly weapon.
(2) For purposes of subdivision (a)(1)(A)(iii) “strangulation” means intentionally 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.
(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) A person commits aggravated assault who, with intent to cause physical injury to any public employee or an employee of a transportation system, public or private, whose operation is authorized by title 7, chapter 56, causes physical injury to the employee while the public employee is performing a duty within the scope of the public employee's employment or while the transportation system employee is performing an assigned duty on, or directly related to, the operation of a transit vehicle.
(e)(1) Aggravated assault under subsection (d) is a Class A misdemeanor. Aggravated assault under subdivision (a)(1)(A) or subsection (b) or (c) is a Class C felony. Aggravated assault under subdivision (a)(1)(B) is a Class D felony. However, if an offense under subdivision (a)(1)(A) or subdivision (a)(1)(B) or subsection (c) is committed against a law enforcement officer, then the maximum fine shall be fifteen thousand dollars ($15,000).
(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 victim as defined in § 36-3-601(5), 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 980, § 2; 1990 Pub.Acts, c. 1030, §§ 12, 13; 1993 Pub.Acts, c. 306, § 1, eff. May 12, 1993; 1995 Pub.Acts, c. 452, § 1, eff. June 12, 1995; 1996 Pub.Acts, c. 830, § 1, eff. July 1, 1996; 1996 Pub.Acts, c. 1009, § 19, eff. Nov. 1, 1996; 1998 Pub.Acts, c. 1049, § 9, eff. May 18, 1998; 2002 Pub.Acts, c. 649, § 2, eff. July 1, 2002; 2005 Pub.Acts, c. 353, § 10, eff. June 7, 2005; 2009 Pub.Acts, c. 394, § 1, eff. June 9, 2009; 2009 Pub.Acts, c. 412, § 2, eff. July 1, 2009; 2010 Pub.Acts, c. 981, § 3, eff. May 27, 2010; 2011 Pub.Acts, c. 401, § 1, eff. July 1, 2011.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-103
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 1. Assaultive Offenses (Refs & Annos)
§ 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 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) 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 § 55-10-451 and distributed as provided in § 55-10-452.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 2011 Pub.Acts, c. 409, § 1, eff. Jan. 1, 2012; 2012 Pub.Acts, c. 1048, § 2, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-104
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 1. Assaultive Offenses (Refs & Annos)
§ 39-13-104. 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.
CREDIT(S)
1992 Pub.Acts, c. 673, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-105
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 1. Assaultive Offenses (Refs & Annos)
§ 39-13-105. Additional offenses
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 and kidnapping.
CREDIT(S)
1993 Pub.Acts, c. 524, § 3, eff. May 31, 1993.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-106
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 1. Assaultive Offenses (Refs & Annos)
§ 39-13-106. Vehicular assault; intoxication
(a) A person commits vehicular assault who, as the proximate result of the person's intoxication as set forth in § 55-10-401, recklessly causes serious bodily injury to another person by the operation of a motor vehicle. For the purposes of this section, “intoxication” includes alcohol intoxication as defined by § 55-10-408, drug intoxication, or both.
(b) A violation of this section is a Class D felony.
(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 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 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 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 in this state for a period of five (5) years.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1030, § 14; 1999 Pub.Acts, c. 368, § 1, eff. July 1, 1999.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-107
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 1. Assaultive Offenses (Refs & Annos)
§ 39-13-107. Victims; embryo or fetus; construction of law
(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 the provisions of § 39-15-201, 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 2011 Pub.Acts, c. 408, § 1, eff. July 1, 2011; 2012 Pub.Acts, c. 1006, §§ 3, 4, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-108
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 1. Assaultive Offenses (Refs & Annos)
§ 39-13-108. HIV (human immunodeficiency virus); willful transmission; quarantine
(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.
CREDIT(S)
1993 Pub.Acts, c. 322, § 2, eff. May 17, 1993.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-109
Effective: July 1, 2011
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 1. Assaultive Offenses (Refs & Annos)
§ 39-13-109. Criminal exposure of another to HIV (human immunodeficiency virus), hepatitis B virus (HBV), or to hepatitis C virus (HCV)
(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 to HBV or HCV may maintain an action for the expenses and the actual loss of service resulting from such exposure.
CREDIT(S)
1994 Pub.Acts, c. 952, § 2, eff. May 10, 1994; 2011 Pub.Acts, c. 185, §§ 1 to 7, eff. July 1, 2011.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-110
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 1. Assaultive Offenses (Refs & Annos)
§ 39-13-110. Female genital mutilation
(a) Except as otherwise permitted in subsection (b), whoever knowingly circumcises, excises or infibulates, in whole or in part, the labia majora, labia minora or clitoris of another commits a Class D felony. Consent to the procedure by a minor on whom it is performed or by the minor's parent is not a defense to a violation of this section.
(b) A surgical procedure is not a violation of subsection (a), if the procedure is:
(1) Necessary to the health of the person on whom it is performed and is performed by a licensed physician or physician-in-training under supervision of a licensed physician; or
(2) Performed on a person who is in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a licensed physician or a physician-in-training under the supervision of a licensed physician.
CREDIT(S)
1996 Pub.Acts, c. 857, § 2, eff. July 1, 1996.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-111
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 1. Assaultive Offenses (Refs & Annos)
§ 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 subsection (d) 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) days, nor more than eleven (11) months and twenty-nine (29) days.
(3) A third or subsequent conviction for domestic assault committed in a manner prohibited by § 39-13-101(a)(1) is punishable by a fine of not less than one thousand one hundred dollars ($1,100) nor more than five thousand dollars ($5,000), and by confinement in the county jail or workhouse for not less than ninety (90) days, nor more than eleven (11) months and twenty-nine (29) days.
(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) A person convicted of a violation of this section shall be required to terminate, upon conviction, possession of all firearms that the person possesses as required by § 36-3-625.
(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.
CREDIT(S)
2000 Pub.Acts, c. 824, § 1, eff. July 1, 2000; 2002 Pub.Acts, c. 649, § 3, eff. July 1, 2002; 2008 Pub.Acts, c. 744, § 1, eff. April 10, 2008; 2009 Pub.Acts, c. 455, § 4, eff. July 1, 2009; 2010 Pub.Acts, c. 1061, §§ 1, 2, eff. July 1, 2010; 2012 Pub.Acts, c. 931, § 1, eff. July 1, 2012; 2012 Pub.Acts, c. 987, § 1, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-112
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 1. Assaultive Offenses (Refs & Annos)
§ 39-13-112. HIV testing of assault arrestees
(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.
CREDIT(S)
2000 Pub.Acts, c. 932, § 1, eff. July 1, 2000.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-113
Effective: August 11, 2010
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 1. Assaultive Offenses (Refs & Annos)
§ 39-13-113. Domestic abuse; violation of order of protection or restraining 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 shall in any way affect the validity or enforceability of any order of protection or restraining order.
(f) In order to constitute a violation of this section:
(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.
(g) A violation of this section is a Class A misdemeanor, and any sentence 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, unless the sentencing judge or magistrate specifically orders 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(g) 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, compiled in 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.
CREDIT(S)
2006 Pub.Acts, c. 920, § 1, eff. June 20, 2006; 2008 Pub.Acts, c. 902, § 1, eff. May 12, 2008; 2009 Pub.Acts, c. 455, § 5, eff. July 1, 2009.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-114
Effective: July 1, 2008
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 1. Assaultive Offenses (Refs & Annos)
§ 39-13-114. Death threat against school employee
(a) For purposes of this section, “school” means any:
(1) Elementary school, middle school or high school;
(2) Technology center or postsecondary vocational or technical school; or
(3) Two-year or four-year college or university.
(b) A person commits the offense of communicating a threat concerning a school employee if:
(1) The person communicates to another a threat to cause the death of or serious bodily injury to a school employee and the threat is directly related to the employee's scope of employment;
(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 is a Class B misdemeanor punishable by a maximum term of imprisonment of thirty (30) days.
CREDIT(S)
2008 Pub.Acts, c. 1141, § 1, eff. July 1, 2008.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. T. 39, Ch. 13, Pt. 2, Refs & Annos
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person
Part 2. Criminal Homicide
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-201
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 2. Criminal Homicide (Refs & Annos)
§ 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1991 Pub.Acts, c. 377, § 1; 1995 Pub.Acts, c. 460, § 3, eff. July 1, 1995.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-202
Effective: July 1, 2007
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 2. Criminal Homicide (Refs & Annos)
§ 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, act of terrorism, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child or aircraft piracy; or
(3) A killing of another committed as the result of the unlawful throwing, placing or discharging of a destructive device or bomb.
(b) No culpable mental state is required for conviction under subdivision (a)(2) or (a)(3), except the intent to commit the enumerated offenses or acts in those subdivisions.
(c) A person convicted of first degree murder shall be punished by:
(1) Death;
(2) Imprisonment for life without possibility of parole; or
(3) Imprisonment for life.
(d) 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 pre-exist 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1030, § 15; 1991 Pub.Acts, c. 377, § 2; 1993 Pub.Acts, c. 338, § 1, eff. July 1, 1993; 1993 Pub.Acts, c. 473, § 1, eff. July 1, 1993; 1994 Pub.Acts, c. 883, § 1, eff. July 1, 1994; 1995 Pub.Acts, c. 460, § 1, eff. July 1, 1995; 1998 Pub.Acts, c. 1040, § 3, eff. May 18, 1998; 2002 Pub.Acts, c. 849, § 2(a), eff. July 4, 2002; 2007 Pub.Acts, c. 158, § 2, eff. July 1, 2007.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-203
Effective: April 9, 2010
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 2. Criminal Homicide (Refs & Annos)
§ 39-13-203. Intellectually disabled defendants; capital punishment
(a) As used in this section, “intellectual disability” means:
(1) Significantly subaverage general intellectual functioning as evidenced by a functional intelligence quotient (I.Q.) of seventy (70) or below;
(2) Deficits in adaptive behavior; and
(3) The intellectual disability must have been manifested during the developmental period, or by eighteen (18) years of age.
(b) Notwithstanding any provision of law to the contrary, no defendant with intellectual disability at the time of committing first degree murder shall be sentenced to death.
(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 of first degree murder 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 first degree murder, 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. The provisions of § 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.
CREDIT(S)
1990 Pub.Acts, c. 1038, §§ 1, 2; 1993 Pub.Acts, c. 473, § 10, eff. July 1, 1993; 2010 Pub.Acts, c. 734, §§ 1 to 3, eff. April 9, 2010.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-204
Effective: July 1, 2011
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 2. Criminal Homicide (Refs & Annos)
§ 39-13-204. First degree murder; sentencing; factors
(a) Upon a trial for first degree murder, should the jury find the defendant guilty of first degree murder, 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 murder 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 three (3) separate verdict forms, as specified by subdivisions (f)(1), (f)(2), and (g)(2)(B). 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 twenty-five (25) 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 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.
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(2) 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.
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(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.
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(h) 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.
(i) 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 murder was committed 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 murdered, during the act of murder;
(4) The defendant committed the murder for remuneration or the promise of remuneration, or employed another to commit the murder for remuneration or the promise of remuneration;
(5) The murder was especially heinous, atrocious, or cruel, in that it involved torture or serious physical abuse beyond that necessary to produce death;
(6) The murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or prosecution of the defendant or another;
(7) The murder 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 murder 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 murder 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 murder 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 murder 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 after death;
(14) The victim of the murder was seventy (70) years of age or older; or the victim of the murder was particularly vulnerable due to a significant disability, whether mental or physical, and at the time of the murder the defendant knew or reasonably should have known of such disability;
(15) The murder was committed in the course of an act of terrorism;
(16) The murder was committed against a pregnant woman, and the defendant intentionally killed the victim, knowing that she was pregnant; or
(17) The murder was committed at random and the reasons for the killing are not obvious or easily understood.
(j) In arriving at the punishment, the jury shall consider, pursuant to the provisions of 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 murder 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 murder 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 murder 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 of first degree murder, 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 empanelled for that purpose. If the trial court, or any other court with jurisdiction to do so, orders that a defendant convicted of first degree murder, 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 imprisonment for life.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1038, § 3; 1993 Pub.Acts, c. 473, §§ 2, 4 to 6, 13, 14, eff. July 1, 1993; 1995 Pub.Acts, c. 356, § 1, eff. July 1, 1995; 1995 Pub.Acts, c. 377, § 1, eff. May 30, 1995; 1996 Pub.Acts, c. 830, § 2, eff. July 1, 1996; 1997 Pub.Acts, c. 139, § 1, eff. April 29, 1997; 1997 Pub.Acts, c. 358, § 1, eff. May 30, 1997; 1997 Pub.Acts, c. 491, § 1, eff. July 1, 1997; 1998 Pub.Acts, c. 712, § 1, eff. July 1, 1998; 1998 Pub.Acts, c. 915, § 1, eff. May 7, 1998; 1998 Pub.Acts, c. 916, § 1, eff. July 1, 1998; 1999 Pub.Acts, c. 504, § 1, eff. July 1, 1999; 2002 Pub.Acts, c. 849, § 2(b), eff. July 4, 2002; 2008 Pub.Acts, c. 829, § 1, eff. July 1, 2008; 2009 Pub.Acts, c. 582, § 1; 2010 Pub.Acts, c. 1058, § 1, eff. July 1, 2010; 2011 Pub.Acts, c. 47, § 30, eff. July 1, 2011; 2011 Pub.Acts, c. 489, § 1, eff. July 1, 2011.
Formerly § 39-13-203.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-205
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 2. Criminal Homicide (Refs & Annos)
§ 39-13-205. First degree murder; jury trial; waiver
(a) In trials of first degree murder, 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 first degree murder.
(b) After a verdict of first degree murder is found, 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1038, § 3.
Formerly § 39-13-204.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-206
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 2. Criminal Homicide (Refs & Annos)
§ 39-13-206. Appeal and review; capital punishment
(a)(1) Whenever the death penalty is imposed for first degree murder and when the judgment has become final in the trial court, the defendant shall have the right of direct appeal from the trial court to the court of criminal appeals. The affirmance of the conviction and the sentence of death shall be automatically reviewed by the Tennessee supreme court. Upon the affirmance by the court of criminal appeals, 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 first degree murder and sentenced to death and appeals that conviction and sentence, the record as to guilt and sentence shall be expeditiously filed with the court of criminal appeals within the time limit provision of Tennessee Rules of Appellate Procedure, Rules 24 and 25. If the defendant has been convicted of first degree murder and sentenced to death, but does not appeal the conviction of first degree murder, then the trial court shall certify, within ninety (90) days after the judgment has become final, the record relating to punishment, and the record shall be transmitted by the clerk of the trial court to the court of criminal appeals. If the defendant has been convicted of other crimes at the same trial where a death sentence is imposed, the court of criminal appeals shall have authority to review by direct appeal the other crimes, if appealed by the defendant with the conviction of first degree murder and sentence of death.
(b) The appeal of the conviction of first degree murder and the review of the sentence of death shall have priority over all other cases and shall be heard according to the rules promulgated by the Tennessee supreme court. The reviewing courts shall first consider any errors assigned and then the courts shall review the sentence of death.
(c)(1) In reviewing the sentence of death for first degree murder, the reviewing courts 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 the reviewing courts to properly review the death sentence.
(d) In addition to its other authority regarding correction of errors, the court of criminal appeals and the Tennessee supreme court, in reviewing the death sentence for first degree murder, are authorized to:
(1) Affirm the sentence of death; or
(2) Modify the punishment to imprisonment for life without possibility of parole or 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 imprisonment for life.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1038, § 3; 1992 Pub.Acts, c. 952, § 5; 1993 Pub.Acts, c. 473, §§ 11, 12, eff. July 1, 1993.
Formerly § 39-13-205.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-207
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 2. Criminal Homicide (Refs & Annos)
§ 39-13-207. First degree murder; life imprisonment; sentencing proceedings
(a) In any first degree murder case 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 the provisions of § 39-13-204, excluding references to the death penalty.
(b) If 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) 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:
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)
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.
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(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. 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.
CREDIT(S)
1993 Pub.Acts, c. 473, § 7, eff. July 1, 1993.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-208
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 2. Criminal Homicide (Refs & Annos)
§ 39-13-208. First degree murder; life without parole; notice
(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 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 the provisions of Rule 11 of the Tennessee Rules of Criminal Procedure.
CREDIT(S)
1993 Pub.Acts, c. 473, § 8, eff. July 1, 1993.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-209
Effective: August 11, 2010
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 2. Criminal Homicide (Refs & Annos)
§ 39-13-209. Obsolete
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-210
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 2. Criminal Homicide (Refs & Annos)
§ 39-13-210. Second degree murder; multiple incidents of domestic abuse, assault or bodily injury against a single victim
(a) Second degree murder is:
(1) A knowing killing of another; or
(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.
(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) Second degree murder is a Class A felony.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 980, § 6; 1990 Pub.Acts, c. 1038, § 4; 1995 Pub.Acts, c. 460, § 2, eff. July 1, 1995; 2006 Pub.Acts, c. 967, § 2, eff. July 1, 2006.
Formerly § 39-13-206.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-211
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 2. Criminal Homicide (Refs & Annos)
§ 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 C felony.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1038, § 4.
Formerly § 39-13-207.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-212
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 2. Criminal Homicide (Refs & Annos)
§ 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1038, § 4.
Formerly § 39-13-208.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-213
Effective: July 1, 2010
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 2. Criminal Homicide (Refs & Annos)
§ 39-13-213. Vehicular homicide
(a) Vehicular homicide is the reckless killing of another by the operation of an automobile, airplane, motorboat 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. For the purposes of this section, “intoxication” includes alcohol intoxication as defined by § 55-10-408, 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) Vehicular homicide under subdivision (a)(2) is a Class B felony.
(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 in this state for a period of time not less than three (3) years nor more than ten (10) years.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1038, § 4; 1995 Pub.Acts, c. 415, § 1, eff. June 2, 1995; 2006 Pub.Acts, c. 971, §§ 2, 3, eff. July 1, 2006; 2010 Pub.Acts, c. 1120, §§ 2, 3, eff. July 1, 2010.
Formerly § 39-13-209.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-214
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 2. Criminal Homicide (Refs & Annos)
§ 39-13-214. Victims; embryo or fetus; construction of law
(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 the provisions of § 39-15-201, 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1038, § 4; 2011 Pub.Acts, c. 408, § 2, eff. July 1, 2011; 2012 Pub.Acts, c. 1006, §§ 1, 2, eff. July 1, 2012.
Formerly § 39-13-210.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-215
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 2. Criminal Homicide (Refs & Annos)
§ 39-13-215. Reckless homicide
(a) Reckless homicide is a reckless killing of another.
(b) Reckless homicide is a Class D felony.
CREDIT(S)
1993 Pub.Acts, c. 306, § 2, eff. May 12, 1993.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-216
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 2. Criminal Homicide (Refs & Annos)
§ 39-13-216. Assisted suicide; exceptions; damages
(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.
CREDIT(S)
1993 Pub.Acts, c. 405, §§ 2, 3, eff. July 1, 1993.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-217
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 2. Criminal Homicide (Refs & Annos)
§ 39-13-217. Docketing priority to death penalty cases
The trial and appellate courts of this state 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.
CREDIT(S)
1995 Pub.Acts, c. 338, § 1, eff. July 1, 1995.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-218
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 2. Criminal Homicide (Refs & Annos)
§ 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;
(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 (.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
(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.
CREDIT(S)
1996 Pub.Acts, c. 902, § 1, eff. July 1, 1996.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. T. 39, Ch. 13, Pt. 3, Refs & Annos
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person
Part 3. Kidnapping and False Imprisonment
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-301
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 3. Kidnapping and False Imprisonment (Refs & Annos)
§ 39-13-301. 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 any sexual act for which something of value is given or received;
(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;
(15) “Sexual servitude” 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; and
(16) “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.
CREDIT(S)
1990 Pub.Acts, c. 982, § 1; 2008 Pub.Acts, c. 1140, § 2, eff. July 23, 2008; 2012 Pub.Acts, c. 848, § 13, eff. May 15, 2012; 2012 Pub.Acts, c. 1075, § 1, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-302
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 3. Kidnapping and False Imprisonment (Refs & Annos)
§ 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 982, § 1.
Formerly § 39-13-303.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-303
Effective: July 23, 2008
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 3. Kidnapping and False Imprisonment (Refs & Annos)
§ 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 982, § 1; 2008 Pub.Acts, c. 1140, § 4, eff. July 23, 2008.
Formerly § 39-13-302.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-304
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 3. Kidnapping and False Imprisonment (Refs & Annos)
§ 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 982, § 1.
Formerly § 39-13-301.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-305
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 3. Kidnapping and False Imprisonment (Refs & Annos)
§ 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.
CREDIT(S)
1990 Pub.Acts, c. 982, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-306
Effective: August 11, 2010
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 3. Kidnapping and False Imprisonment (Refs & Annos)
§ 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; or
(4) Act as an accessory to any act prohibited by this section.
(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) 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 982, § 1; 2004 Pub.Acts, c. 834, § 1, eff. July 1, 2004.
Formerly § 39-13-304.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-307
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 3. Kidnapping and False Imprisonment (Refs & Annos)
§ 39-13-307. Involuntary labor servitude
(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; or
(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), compiled in 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;
(C) The defendant held ten (10) or more victims in servitude at any time during the course of the defendant's criminal episode; or
(D) The victim was under thirteen (13) years of age.
CREDIT(S)
2008 Pub.Acts, c. 1140, § 3, eff. July 23, 2008; 2012 Pub.Acts, c. 1074, §§ 1 to 3, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-308
Effective: July 23, 2008
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 3. Kidnapping and False Imprisonment (Refs & Annos)
§ 39-13-308. Trafficking persons 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), compiled in 29 U.S.C. § 201 et seq., or the minimum wage required in this state, whichever is higher.
(c) Trafficking for forced labor or services is a Class C felony.
CREDIT(S)
2008 Pub.Acts, c. 1140, § 3, eff. July 23, 2008.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-309
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 3. Kidnapping and False Imprisonment (Refs & Annos)
§ 39-13-309. Trafficking a person for a 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; or
(2) Recruits, entices, harbors, transports, provides, or obtains by any other means, another person for the purpose of providing a commercial sex act.
(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) A violation of subsection (a) is a Class B felony, except where the victim of the offense is a child under fifteen (15) years of age, or where the offense occurs on the grounds or facilities or within one thousand feet (1,000') of a public or private school, secondary school, preschool, child care agency, public library, recreational center, or public park, a violation of subsection (a) is a Class A felony.
CREDIT(S)
2008 Pub.Acts, c. 1140, § 3, eff. July 23, 2008; 2012 Pub.Acts, c. 1075, § 2, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-310
Effective: July 23, 2008
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 3. Kidnapping and False Imprisonment (Refs & Annos)
§ 39-13-310. Trafficking violations as separate offenses
Each violation of §§ 39-13-308 and 39-13-309 shall constitute a separate offense.
CREDIT(S)
2008 Pub.Acts, c. 1140, § 3, eff. July 23, 2008.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-311
Effective: July 23, 2008
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 3. Kidnapping and False Imprisonment (Refs & Annos)
§ 39-13-311. Trafficking offenses 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.
CREDIT(S)
2008 Pub.Acts, c. 1140, § 3, eff. July 23, 2008.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-312
Effective: July 1, 2011
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 3. Kidnapping and False Imprisonment (Refs & Annos)
§ 39-13-312. Use of proceeds from judicial forfeiture
(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, codified in 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.
CREDIT(S)
2011 Pub.Acts, c. 354, § 2, eff. July 1, 2011.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-313
Effective: July 9, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 3. Kidnapping and False Imprisonment (Refs & Annos)
§ 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 1/2 " 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 (appropriate toll-free number once established).
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, compiled in 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 web site 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.
CREDIT(S)
2011 Pub.Acts, c. 435, § 1, eff. Oct. 1, 2011.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-314
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 3. Kidnapping and False Imprisonment (Refs & Annos)
§ 39-13-314. Human trafficking; victims’ civil actions; damages
(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; or
(D) Promoting the prostitution of a minor, under § 39-13-512; 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.
CREDIT(S)
2012 Pub.Acts, c. 613, § 1, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-315
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 3. Kidnapping and False Imprisonment (Refs & Annos)
§ 39-13-315. 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.
CREDIT(S)
2012 Pub.Acts, c. 1075, § 3, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. T. 39, Ch. 13, Pt. 4, Refs & Annos
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person
Part 4. Robbery
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-401
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 4. Robbery (Refs & Annos)
§ 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1030, § 16.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-402
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 4. Robbery (Refs & Annos)
§ 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-403
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 4. Robbery (Refs & Annos)
§ 39-13-403. Especially aggravated robbery
(a) Especially aggravated robbery is robbery as defined in § 39-13-401:
(1) Accomplished with a deadly weapon; and
(2) Where the victim suffers serious bodily injury.
(b) Especially aggravated robbery is a Class A felony.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-404
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 4. Robbery (Refs & Annos)
§ 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.
CREDIT(S)
1995 Pub.Acts, c. 331, § 1, eff. July 1, 1995.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. T. 39, Ch. 13, Pt. 5, Refs & Annos
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person
Part 5. Sexual Offenses
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-501
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 39-13-501. Definitions
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 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1997 Pub.Acts, c. 256, § 2, eff. July 1, 1997; 2005 Pub.Acts, c. 456, § 1, eff. June 18, 2005.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-502
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 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 mentally defective, mentally incapacitated or physically helpless.
(b) Aggravated rape is a Class A felony.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 980, § 3; 1992 Pub.Acts, c. 878, § 3.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-503
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 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 mentally defective, mentally incapacitated or physically helpless; or
(4) The sexual penetration is accomplished by fraud.
(b) Rape is a Class B felony.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1995 Pub.Acts, c. 484, § 1, eff. July 1, 1995; 1997 Pub.Acts, c. 406, § 1, eff. July 1, 1997; 2005 Pub.Acts, c. 353, § 11, eff. June 7, 2005.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-504
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1993 Pub.Acts, c. 289, § 1, eff. May 6, 1993.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-505
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 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) Sexual battery is a Class E felony.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1995 Pub.Acts, c. 484, § 2, eff. July 1, 1995; 1996 Pub.Acts, c. 675, § 74, eff. March 28, 1996; 1997 Pub.Acts, c. 256, § 3, eff. July 1, 1997; 1997 Pub.Acts, c. 406, § 3, eff. July 1, 1997; 2005 Pub.Acts, c. 353, § 12, eff. June 7, 2005.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-506
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 39-13-506. Mitigated statutory rape; statutory rape; aggravated statutory rape; penalties
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 980, § 4; 1994 Pub.Acts, c. 719, § 1, eff. July 1, 1994; 2005 Pub.Acts, c. 487, § 4, eff. July 1, 2005; 2006 Pub.Acts, c. 890, § 5, eff. July 1, 2006; 2007 Pub.Acts, c. 594, § 7, eff. June 28, 2007; 2012 Pub.Acts, c. 883, § 1, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-507
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 39-13-507. Repealed by 2005 Pub.Acts, c. 456, § 2, eff. June 18, 2005
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-508
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 39-13-508. Seduction and criminal conversation; abolition
(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.
CREDIT(S)
1990 Pub.Acts, c. 1056, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-509
Effective: July 1, 2011
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 39-13-509. Sexual contact with a minor by an authority figure; penalty
(a) It is an offense for a defendant to engage in unlawful sexual contact with a minor when:
(1) The minor 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) 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.
CREDIT(S)
2011 Pub.Acts, c. 88, § 1, eff. July 1, 2011.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-510
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 39-13-510. Unconstitutional
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-511
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 39-13-511. Indecent exposure; penalties; exception for breastfeeding
(a)(1) A person commits the offense of indecent exposure who:
(A) In a public place, as defined in § 39-11-106, 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; or
(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.
(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) 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)(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:
(A) Intentionally exposes the person's genitals or buttocks to the guard; or
(B) Engages in sexual contact as defined in § 39-13-501.
(2) For purposes of this subsection (c), “guard” means any sheriff, jailer, guard, correctional officer or other authorized personnel charged with the custody of the person.
(3) Notwithstanding subsection (b), a violation of this subsection (c) is a Class A misdemeanor.
(d) This section does not apply to a mother who is breastfeeding her child in any location, public or private.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 980, § 33; 1994 Pub.Acts, c. 542, §§ 1 to 3, eff. July 1, 1994; 1998 Pub.Acts, c. 755, § 1, eff. April 15, 1998; 1999 Pub.Acts, c. 189, § 1, eff. July 1, 1999; 2006 Pub.Acts, c. 617, § 2, eff. May 4, 2006; 2007 Pub.Acts, c. 209, § 1, eff. July 1, 2007; 2009 Pub.Acts, c. 414, §§ 1, 2, eff. July 1, 2009; 2011 Pub.Acts, c. 91, § 2, eff. July 1, 2011; 2012 Pub.Acts, c. 885, § 1, eff. July 1, 2012; 2012 Pub.Acts, c. 1076, § 1, eff. May 21, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-512
Effective: June 1, 2011
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 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) “Promoting prostitution” means:
(A) 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;
(B) Procuring an inmate for a house of prostitution;
(C) Encouraging, inducing, or otherwise purposely causing another to become a prostitute;
(D) Soliciting a person to patronize a prostitute;
(E) Procuring a prostitute for a patron; or
(F) Soliciting, receiving, or agreeing to receive any benefit for engaging in any of the activities defined in subdivisions (4)(A)-(E);
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1995 Pub.Acts, c. 296, § 1, eff. July 1, 1995; 2011 Pub.Acts, c. 377, § 3, eff. June 1, 2011.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-513
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 39-13-513. Prostitution
(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 (1 1/2 ) 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 (1 1/2 ) 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 shall be 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 national human trafficking resource center hotline and release 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, compiled in 22 U.S.C. § 7102.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1995 Pub.Acts, c. 118, § 1, eff. July 1, 1995; 2011 Pub.Acts, c. 377, § 1, eff. June 1, 2011; 2012 Pub.Acts, c. 891, § 1, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-514
Effective: June 1, 2011
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 39-13-514. Patronizing prostitution
(a) A person commits an offense under this section who patronizes prostitution.
(b)(1) Patronizing prostitution is a Class B misdemeanor.
(2) Patronizing prostitution within one hundred feet (100') of a church or within one and one-half (1 1/2 ) 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 patronizing prostitution within one and one-half (1 1/2 ) 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).
(4)(A) Patronizing prostitution from a person who is younger than eighteen (18) years of age or has an intellectual disability is a Class E felony.
(B) Nothing in this subdivision (b)(4) 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).
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1995 Pub.Acts, c. 118, § 2, eff. July 1, 1995; 2011 Pub.Acts, c. 377, § 2, eff. June 1, 2011.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-515
Effective: June 1, 2011
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 39-13-515. Promoting prostitution
(a) A person commits an offense under this section who promotes prostitution. Promoting prostitution is a Class E felony.
(b) Promoting prostitution of a minor is a Class E felony.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 2011 Pub.Acts, c. 377, § 4, eff. June 1, 2011.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-516
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 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.
CREDIT(S)
1991 Pub.Acts, c. 281, § 2.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-517
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 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 the state of Tennessee, 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 the state of Tennessee to regulate any activity where alcoholic beverages, including malt beverages, are sold for consumption.
CREDIT(S)
2012 Pub.Acts, c. 885, § 2, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-518
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§§ 39-13-518 to 39-13-520. Reserved
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-520
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§§ 39-13-518 to 39-13-520. Reserved
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-521
Effective: May 23, 2011
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 39-13-521. AIDS (acquired immunodeficiency syndrome); HIV testing; sex offenders
(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 the provisions of 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.
CREDIT(S)
1991 Pub.Acts, c. 25, § 1; 1992 Pub.Acts, c. 948, § 1; 1994 Pub.Acts, c. 989, § 2, eff. July 1, 1994; 1994 Pub.Acts, c. 995, § 1, eff. July 1, 1994; 2002 Pub.Acts, c. 655, § 1, eff. July 1, 2002; 2005 Pub.Acts, c. 353, § 13, eff. June 7, 2005; 2007 Pub.Acts, c. 257, § 1, eff. July 1, 2007; 2011 Pub.Acts, c. 269, §§ 1, 2, eff. May 23, 2011.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-522
Effective: January 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 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 three (3) years of age but less than thirteen (13) years of age.
(b)(1) Rape of a child is a Class A felony.
(2)(A) 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.
(B) Section 39-13-525(a) shall not apply to a person sentenced under this subdivision (b)(2).
(C) Notwithstanding any law to the contrary, the board of probation and parole may require, as a mandatory condition of supervision for any person convicted under this section, 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.
CREDIT(S)
1992 Pub.Acts, c. 878, § 1; 1997 Pub.Acts, c. 406, § 2, eff. July 1, 1997; 2005 Pub.Acts, c. 353, § 14, eff. June 7, 2005; 2006 Pub.Acts, c. 890, § 22, eff. July 1, 2006; 2007 Pub.Acts, c. 501, § 1, eff. July 1, 2007; 2011 Pub.Acts, c. 306, § 1, eff. Jan. 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-523
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 39-13-523. Child sexual predators, aggravated rapist, multiple rapists, and child rapists; sentencing
(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; and
(F) Aggravated statutory rape under § 39-13-506(c);
(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 probation and 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.
CREDIT(S)
1992 Pub.Acts, c. 878, § 1; 1998 Pub.Acts, c. 1049, § 10, eff. May 18, 1998; 2007 Pub.Acts, c. 525, § 1, eff. July 1, 2007; 2012 Pub.Acts, c. 1073, §§ 2 to 5, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-524
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 39-13-524. 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; or
(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).
(b) The judgment of conviction for all persons to whom the provisions of subsection (a) apply 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.
CREDIT(S)
1996 Pub.Acts, c. 972, § 1, eff. July 1, 1996; 1998 Pub.Acts, c. 1049, § 11, eff. May 18, 1998; 2010 Pub.Acts, c. 646, § 1, eff. July 1, 2010; 2012 Pub.Acts, c. 727, § 5, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-525
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 39-13-525. Release from community supervision; criminal history check; hearing
(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.
CREDIT(S)
1996 Pub.Acts, c. 972, § 1, eff. July 1, 1996.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-526
Effective: July 1, 2009
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 39-13-526. Violations of community supervision conditions
(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.
CREDIT(S)
1996 Pub.Acts, c. 972, § 1, eff. July 1, 1996; 2009 Pub.Acts, c. 115, § 1, eff. July 1, 2009.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-527
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 39-13-527. Authority figure; sexual battery; penalty
(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.
CREDIT(S)
1997 Pub.Acts, c. 256, § 1, eff. July 1, 1997; 1998 Pub.Acts, c. 1034, § 1, eff. May 18, 1998; 2005 Pub.Acts, c. 478, § 1, eff. July 1, 2005; 2006 Pub.Acts, c. 897, § 1, eff. July 1, 2006.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-528
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 39-13-528. Solicitation of person under 18 years of age
(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; or
(9) Sexual activity involving a minor, pursuant to § 39-13-529.
(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.
CREDIT(S)
1998 Pub.Acts, c. 1007, § 1, eff. July 1, 1998; 2000 Pub.Acts, c. 944, § 1, eff. July 1, 2000; 2005 Pub.Acts, c. 496, § 5, eff. July 1, 2005.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-529
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 39-13-529. Solicitation of minor to observe sexual conduct
(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.
(c) The statute of limitations for the offenses in this section shall be the applicable statute for the class of the offense, or until the child reaches the age of eighteen (18), whichever is greater.
(d) A person is subject to prosecution in this state under this statute 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.
(e) 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) Lascivious exhibition of the female breast or the genitals, buttocks, anus or pubic or rectal area of any person.
(f)(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.
CREDIT(S)
2005 Pub.Acts, c. 496, § 6, eff. July 1, 2005; 2011 Pub.Acts, c. 393, § 1, eff. July 1, 2011; 2012 Pub.Acts, c. 732, §§ 1, 2, eff. April 16, 2012; 2012 Pub.Acts, c. 876, § 1, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-530
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 39-13-530. Forfeiture of property or conveyance; funds; appropriations; reports
(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, 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 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 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, 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 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 general welfare committee of the senate, the children and family affairs committee of the house of representatives, the judiciary committee of the senate, 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.
CREDIT(S)
2006 Pub.Acts, c. 960, § 1, eff. July 1, 2006; 2011 Pub.Acts, c. 410, § 3(cc), eff. July 1, 2011; 2012 Pub.Acts, c. 882, §§ 1, 2, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-531
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 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 three (3) years of age or less.
(b) Aggravated rape of a child is a Class A felony and shall be sentenced within Range III, as set forth in title 40, chapter 35.
CREDIT(S)
2006 Pub.Acts, c. 890, § 23, eff. July 1, 2006.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-532
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 5. Sexual Offenses (Refs & Annos)
§ 39-13-532. Statutory rape by an authority figure; penalty
(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) 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
(4) The defendant had, at the time of the offense, parental or custodial authority over the victim and used the authority to accomplish the sexual penetration.
(b) Statutory rape by an authority figure is a Class C felony and 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.
CREDIT(S)
2006 Pub.Acts, c. 973, § 1, eff. July 1, 2006.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. T. 39, Ch. 13, Pt. 6, Refs & Annos
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person
Part 6. Invasion of Privacy
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-601
Effective: June 10, 2011
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 6. Invasion of Privacy (Refs & Annos)
§ 39-13-601. Wiretapping and electronic surveillance; prohibited activities
(a)(1) Except as otherwise specifically provided in §§ 39-13-601--39-13-603 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 § 39-13-603.
(b)(1) It is lawful under §§ 39-13-601--39-13-603 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--39-13-603 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 § 39-13-603. 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--39-13-603 and title 40, chapter 6, part 3.
(4) It is lawful under §§ 39-13-601--39-13-603 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--39-13-603 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 the state of Tennessee.
(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) Notwithstanding any provision of this part to the contrary, this section shall not apply to a person who installs software on a computer the person owns if such software is intended solely to monitor and record the use of the Internet by a minor child of whom such person is a parent or legal guardian.
CREDIT(S)
1994 Pub.Acts, c. 964, § 4, eff. May 10, 1994; 2011 Pub.Acts, c. 460, § 1, eff. June 10, 2011.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-602
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 6. Invasion of Privacy (Refs & Annos)
§ 39-13-602. Wiretapping or electronic surveillance; violations
A person who violates § 39-13-601(a) commits a Class D felony.
CREDIT(S)
1994 Pub.Acts, c. 964, § 10, eff. May 10, 1994.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-603
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 6. Invasion of Privacy (Refs & Annos)
§ 39-13-603. Civil penalties; defenses
(a) Except as provided in § 39-13-601(b)(4), any aggrieved person whose wire, oral or electronic communication is intentionally intercepted, disclosed, or used in violation of § 39-13-601 or title 40, chapter 6, part 3 may in a civil action recover from the person or entity that engaged in that violation the following relief:
(1) The greater of:
(A) The sum of the actual damages, including any damage to personal or business reputation or relationships, suffered by the plaintiff and any profits made by the violator as a result of the violation; or
(B) Statutory damages of one hundred dollars ($100) a day for each day of violation or ten thousand dollars ($10,000), whichever is greater;
(2) Punitive damages; and
(3) A reasonable attorney's fee and other litigation costs reasonably incurred.
(b) Any person whose wire, oral, or electronic communication is or is about to be intercepted, disclosed, or used in violation of § 39-13-601 or title 40, chapter 6, part 3 may seek to enjoin and restrain the violation and may in the same action seek damages as provided by subsection (a).
(c) It is a complete defense against any civil or criminal action brought under § 39-13-601 or title 40, chapter 6, part 3 that there was good faith reliance on a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization, or if there was a good faith determination that § 39-13-601(c) permitted the conduct complained of.
(d) A civil action under this section or title 40, chapter 6, part 3 may not be commenced later than two (2) years after the date upon which the claimant first discovered or had a reasonable opportunity to discover the violation.
CREDIT(S)
1994 Pub.Acts, c. 964, § 11, eff. May 10, 1994.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-604
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 6. Invasion of Privacy (Refs & Annos)
§ 39-13-604. Cordless and cellular phone transmissions; recording or dissemination
(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 the provisions of 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 the provisions of 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 the provisions of 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.
CREDIT(S)
1994 Pub.Acts, c. 970, §§ 1, 4, eff. July 1, 1994.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-605
Effective: January 1, 2011
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 6. Invasion of Privacy (Refs & Annos)
§ 39-13-605. Photographs; dissemination
(a) It is an offense for a person to knowingly photograph, or cause to be photographed an individual, when the individual has a reasonable expectation of privacy, 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 guardian, if the photograph:
(1) Would offend or embarrass an ordinary person if such person appeared in the photograph; and
(2) Was taken for the purpose of sexual arousal or gratification of the defendant.
(b) As used in this section, unless the context otherwise requires, “photograph” means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission of any individual.
(c) All photographs taken in violation of this section shall be confiscated and, after their use as evidence, destroyed.
(d)(1) A violation of this section is a Class A misdemeanor.
(2) If the defendant disseminates or permits the dissemination of the photograph to any other person, a violation of this section is a Class E felony.
CREDIT(S)
1994 Pub.Acts, c. 970, § 2, eff. July 1, 1994; 1997 Pub.Acts, c. 469, §§ 1, 2, eff. July 1, 1997; 2000 Pub.Acts, c. 667, § 2, eff. July 1, 2000; 2010 Pub.Acts, c. 1124, §§ 1, 2, eff. Jan. 1, 2011.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-606
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 6. Invasion of Privacy (Refs & Annos)
§ 39-13-606. Electronic tracking devices; motor vehicles
(a)(1) 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.
(2) As used in this section, “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) The provisions of 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 C misdemeanor.
CREDIT(S)
1997 Pub.Acts, c. 339, § 1, eff. July 1, 1997.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-607
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 6. Invasion of Privacy (Refs & Annos)
§ 39-13-607. Observation without consent; violation
(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) A violation of this section is a Class A misdemeanor.
CREDIT(S)
2000 Pub.Acts, c. 667, § 1, eff. July 1, 2000.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-608
Effective: July 1, 2010
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 6. Invasion of Privacy (Refs & Annos)
§ 39-13-608. Radio frequency transmission interception; use in criminal activity
(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.
CREDIT(S)
2010 Pub.Acts, c. 953, § 1, eff. July 1, 2010.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-701
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
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.”
CREDIT(S)
1995 Pub.Acts, c. 353, § 2, eff. July 1, 1995.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-702
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 7. Standardized Treatment for Sex Offenders
§ 39-13-702. Legislative findings and declarations
(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.
CREDIT(S)
1995 Pub.Acts, c. 353, § 3, eff. July 1, 1995.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-703
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 7. Standardized Treatment for Sex Offenders
§ 39-13-703. 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); or
(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); 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.
CREDIT(S)
1995 Pub.Acts, c. 353, § 4, eff. July 1, 1995; 1996 Pub.Acts, c. 968, § 1, eff. July 1, 1996; 1998 Pub.Acts, c. 1049, § 12, eff. May 18, 1998; 2008 Pub.Acts, c. 1015, § 1, eff. July 1, 2008; 2012 Pub.Acts, c. 727, § 6, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-704
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 7. Standardized Treatment for Sex Offenders
§ 39-13-704. Sex offender treatment board
(a) There is created, in the department of correction, a sex offender treatment board, which shall consist of thirteen (13) 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) One (1) member, appointed by the commissioner of correction, who is a member of a community corrections advisory board;
(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 representative of law enforcement;
(10) Two (2) members, appointed by the commissioner 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 probation and 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 § 39-13-709;
(3) The board shall develop a plan for the allocation of moneys deposited in the sex offender treatment fund created pursuant to § 39-13-709, 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; and
(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).
(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.
CREDIT(S)
1995 Pub.Acts, c. 353, § 5, eff. May 30, 1995; 1996 Pub.Acts, c. 968, §§ 2 to 4, eff. July 1, 1996; 1996 Pub.Acts, c. 1079, § 123, eff. May 21, 1996; 1998 Pub.Acts, c. 1049, § 13, eff. May 18, 1998.
TERMINATION OF GOVERNMENTAL ENTITY
<The sex offender treatment board, created by this section, is set to terminate June 30, 2018, by § 4-29-239.>
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-705
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 7. Standardized Treatment for Sex Offenders
§ 39-13-705. Evaluation and identification; probation, alternative sentencing; expense
(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.
CREDIT(S)
1995 Pub.Acts, c. 353, § 6, eff. July 1, 1995; 1996 Pub.Acts, c. 968, § 5, eff. July 1, 1996; 1998 Pub.Acts, c. 971, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-706
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 7. Standardized Treatment for Sex Offenders
§ 39-13-706. Treatment
(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 probation and 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.
CREDIT(S)
1995 Pub.Acts, c. 353, § 7, eff. July 1, 1995; 1996 Pub.Acts, c. 1079, § 123, eff. May 21, 1996; 1998 Pub.Acts, c. 1049, § 14, eff. May 18, 1998.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-707
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 7. Standardized Treatment for Sex Offenders
§ 39-13-707. Contract for treatment services
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).
CREDIT(S)
1995 Pub.Acts, c. 353, § 8, eff. July 1, 1995; 1996 Pub.Acts, c. 1079, § 123, eff. May 21, 1996.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-708
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 7. Standardized Treatment for Sex Offenders
§ 39-13-708. Obsolete
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-709
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 7. Standardized Treatment for Sex Offenders
§ 39-13-709. Conviction defined; tax; allocation; sex offender treatment fund; waiver; unpaid tax
(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.
CREDIT(S)
1995 Pub.Acts, c. 353, § 10, eff. July 1, 1995; 1996 Pub.Acts, c. 968, § 6, eff. July 1, 1996; 1996 Pub.Acts, c. 1079, § 123, eff. May 21, 1996; 2005 Pub.Acts, c. 429, § 21, eff. Jan. 1, 2006.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-801
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 8. Terrorism Prevention and Response Act of 2002
§ 39-13-801. Short title
This part shall be known and may be cited as the “Terrorism Prevention and Response Act of 2002.”
CREDIT(S)
2002 Pub.Acts, c. 849, § 1, eff. July 4, 2002.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-802
Effective: July 1, 2011
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 8. Terrorism Prevention and Response Act of 2002
§ 39-13-802. Purpose
(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.
CREDIT(S)
2002 Pub.Acts, c. 849, § 1, eff. July 4, 2002; 2011 Pub.Acts, c. 497, § 2, eff. July 1, 2011.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-803
Effective: July 1, 2011
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 8. Terrorism Prevention and Response Act of 2002
§ 39-13-803. 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; or
(C) Affect the conduct of a unit of government by murder, assassination, torture, kidnapping, or mass destruction;
(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, codified in 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).
CREDIT(S)
2002 Pub.Acts, c. 849, § 1, eff. July 4, 2002; 2011 Pub.Acts, c. 497, § 3, eff. July 1, 2011.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-804
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 8. Terrorism Prevention and Response Act of 2002
§ 39-13-804. Intentional release of dangerous chemicals or hazardous materials; use of weapon of mass destruction; exempt facilities
(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.
CREDIT(S)
2002 Pub.Acts, c. 849, § 1, eff. July 4, 2002.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-805
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 8. Terrorism Prevention and Response Act of 2002
§ 39-13-805. Acts of terrorism; criminal penalties
(a) It is an offense for any person to commit an act of terrorism in this state.
(b) An act of terrorism is a Class A felony.
CREDIT(S)
2002 Pub.Acts, c. 849, § 1, eff. July 4, 2002.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-806
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 8. Terrorism Prevention and Response Act of 2002
§ 39-13-806. Possession, development, manufacture, production, transfer, acquisition, weaponization or retention of biological warfare agents; criminal penalties
(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.
CREDIT(S)
2002 Pub.Acts, c. 849, § 1, eff. July 4, 2002.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-807
Effective: July 1, 2011
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 8. Terrorism Prevention and Response Act of 2002
§ 39-13-807. Material support or resources provided to persons planning or carrying out acts of terrorism or a designated entity; penalty; exceptions
(a) It is an offense for any person to provide material support or resources, or attempt or conspire to provide material support or resources, to:
(1) 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
(2) A designated entity; provided, the person must have actual knowledge that the entity is a designated entity.
(b) A violation of subsection (a) is a Class A felony.
(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, compiled in 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)(2) shall be afforded the same due process rights as are afforded to persons prosecuted under 18 U.S.C. § 2339B.
(e) The district attorney shall notify the United States department of state, and any other appropriate federal department or agency, of a violation of subsection (a).
CREDIT(S)
2002 Pub.Acts, c. 849, § 1, eff. July 4, 2002; 2011 Pub.Acts, c. 497, § 4, eff. July 1, 2011.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-808
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 8. Terrorism Prevention and Response Act of 2002
§ 39-13-808. Distribution or delivery of warfare agents; act of terrorism or hoax; criminal penalties
(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.
CREDIT(S)
2002 Pub.Acts, c. 849, § 1, eff. July 4, 2002.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-13-809
Effective: July 1, 2011
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 13. Offenses Against Person (Refs & Annos)
Part 8. Terrorism Prevention and Response Act of 2002
§ 39-13-809. Religious justification; defense; prosecution
Religious justification for violence or criminal activity prohibited by this part shall not be considered a justification or a defense pursuant to chapter 11, part 6 of this title, nor shall it prohibit prosecution pursuant to this part.
CREDIT(S)
2011 Pub.Acts, c. 497, § 5, eff. July 1, 2011.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. T. 39, Ch. 14, Refs & Annos
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. T. 39, Ch. 14, Pt. 1, Refs & Annos
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property
Part 1. Theft
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-101
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-101. Theft; consolidation of 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-102
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-102. 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, audiovisual 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-103
Effective: May 27, 2011
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 2011 Pub.Acts, c. 322, § 1, eff. May 27, 2011.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-104
Effective: July 1, 2011
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 2011 Pub.Acts, c. 348, § 2, eff. July 1, 2011.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-105
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-105. Theft of property or services
(a) Theft of property or services is:
(1) A Class A misdemeanor if the value of the property or services obtained is five hundred dollars ($500) or less;
(2) A Class E felony if the value of the property or services obtained is more than five hundred dollars ($500) but less than one thousand dollars ($1,000);
(3) A Class D felony if the value of the property or services obtained is one thousand dollars ($1,000) 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 2012 Pub.Acts, c. 1080, § 1, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-106
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-106. Motor vehicles; intent; joyriding
A person commits a Class A misdemeanor who takes another's automobile, airplane, motorcycle, bicycle, boat or other vehicle without the consent of the owner and the person does not have the intent to deprive the owner thereof.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-107
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-107. Affirmative defenses
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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1030, § 19.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-108
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-108. Rental property; unauthorized disposition
(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) The provisions of subdivision (c)(1) do not apply to motor vehicles, as defined in title 55.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 796, § 1; 1992 Pub.Acts, c. 992, § 1; 1995 Pub.Acts, c. 482, §§ 1, 2, eff. July 1, 1995.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-109
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-109. Warning signage; stone or rock wall
Notwithstanding any provision of 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:
WARNING!
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!
CREDIT(S)
2002 Pub.Acts, c. 622, § 1, eff. July 1, 2002.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-110
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-110. Unlawful operation of audiovisual recording device; punishment
(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) The provisions of 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.
CREDIT(S)
2004 Pub.Acts, c. 471, § 1, eff. April 5, 2004.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-111
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-111. Reserved
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-112
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 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; or
(2) Restrict unlawfully another's freedom of action.
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-113
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-113. Reserved
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-114
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-115
Effective: July 1, 2009
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 2009 Pub.Acts, c. 408, § 1, eff. July 1, 2009.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-116
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-116. Security interests or liens; interference
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-117
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-117. Insolvency; fraud
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-118
Effective: May 1, 2008
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-118. Credit or debit cards; unauthorized use or possession
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 2008 Pub.Acts, c. 851, § 1, eff. May 1, 2008.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-119
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-119. Credit or debit cards; false reports
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-120
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-120. False financial statements
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-121
Effective: August 11, 2010
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 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, pursuant to § 40-3-201.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1030, § 20; 1992 Pub.Acts, c. 962, § 3.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-122
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-122. Worthless checks; false imprisonment or arrest; privileges and immunities
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-123
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§§ 39-14-123 to 39-14-126. Reserved
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-126
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§§ 39-14-123 to 39-14-126. Reserved
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-127
Effective: April 14, 2011
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 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; or
(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.
(b) “Commodity,” as used in this section, means any tangible or intangible personal property.
(c) Deceptive business practices is a Class B misdemeanor.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1030, § 21; 2003 Pub.Acts, c. 31, §§ 1 to 3, eff. April 17, 2003; 2011 Pub.Acts, c. 89, § 1, eff. April 14, 2011.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-128
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-128. False impression of death
(a) It is an offense for any person to intentionally and falsely create the impression that any person is deceased.
(b) A violation of this section is a Class A misdemeanor.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-129
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-129. Produce containers; omitted information
(a) It is an offense for any person who sells, offers for sale or consigns any fruits, berries, vegetables, or produce of any kind to fail to clearly mark on the containers in which that produce is packaged the name and address of the grower, packers, or other persons offering that produce for sale.
(b) A violation of this section is a Class C misdemeanor.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-130
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-130. Destruction of valuable papers; fraud
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-131
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-131. Wills; destruction or concealment
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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-132
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-132. Motor vehicle odometers; misrepresentation
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1997 Pub.Acts, c. 234, § 1, eff. July 1, 1997; 1998 Pub.Acts, c. 714, § 1, eff. July 1, 1998.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-133
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-133. Insurance; false or fraudulent 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-134
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-134. Distinguishing numbers; alteration, sale or possession
(a) A person commits a Class A misdemeanor who knowingly and with the intent to conceal or misrepresent the identity of an item:
(1) Alters, covers, defaces, destroys or removes the permanent serial number, manufacturer's identification plate or other permanent distinguishing number from such item; or
(2) Sells, buys or has possession of such item.
(b) This section does not in any way affect the provisions of §§ 55-5-111 and 55-5-112, relative to motor vehicles.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-135
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-135. Agricultural machinery or equipment; serial numbers
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-136
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-136. Educational and academic records; falsification
(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.
CREDIT(S)
1990 Pub.Acts, c. 983, § 3.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-137
Effective: August 11, 2010
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-137. Economic and community development; program participation; false or fraudulent conduct
(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 § 12-3-802;
(3) Minority-owned businesses, as described by § 12-3-802; 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).
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1993 Pub.Acts, c. 488, § 3, eff. July 1, 1993; 1997 Pub.Acts, c. 46, § 1, eff. April 8, 1997.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-138
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-138. 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-139
Effective: July 1, 2009
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-139. Recordings
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1000, §§ 1 to 4; 2009 Pub.Acts, c. 408, § 2, eff. July 1, 2009.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-140
Effective: July 1, 2009
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-140. Electronic or communications equipment; 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 2009 Pub.Acts, c. 408, § 3, eff. July 1, 2009.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-141
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-141. Reserved
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-142
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-142. Repealed by 2005 Pub.Acts, c. 199, § 2, eff. July 1, 2005
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-143
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-143. Police, judicial or safety associations; unauthorized solicitation
(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 the provisions of subsection (c) to the contrary, any person, persons, corporation or corporations violating the provisions of this section, which violation is accomplished through the use of some form of communication across the boundaries of the state of Tennessee, 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-144
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-144. Shoplifting; children and minors; liability of parents
(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 the provisions of 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 the provisions of 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.
CREDIT(S)
1990 Pub.Acts, c. 1007, § 1; 1991 Pub.Acts, c. 288, §§ 1, 3, 4, 6, 8.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-145
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-145. Shoplifting; employees
(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 the provisions of 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 the provisions of 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.
CREDIT(S)
1990 Pub.Acts, c. 1007, § 2; 1991 Pub.Acts, c. 288, §§ 2, 5, 7, 8.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-146
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-146. Shoplifting
(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; or
(5) Causes the cash register or other sales recording device to reflect less than the merchant's stated price for the merchandise.
(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.
CREDIT(S)
1991 Pub.Acts, c. 237, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-147
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-147. Motor vehicles; fraudulent transfer
(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.
CREDIT(S)
1991 Pub.Acts, c. 479, §§ 2 to 9.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-148
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-148. False statements to obtain surety bonds; punishment
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.
CREDIT(S)
1994 Pub.Acts, c. 874, § 1, eff. April 22, 1994.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-149
Effective: August 11, 2010
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-149. Communication theft; definitions
(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 (e)(3)(B)(ii), in lieu of actual damages and the violator's profits as provided in (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 the provisions of 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) The provisions of 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 re-transmission.
CREDIT(S)
1996 Pub.Acts, c. 800, § 1, eff. July 1, 1996; 2004 Pub.Acts, c. 770, § 1, eff. July 1, 2004.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-150
Effective: July 1, 2011
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-150. Identity theft
(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; or
(ii) Without the lawful authority to obtain, possess, buy or use that identifying information.
(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, 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”.
(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; or
(4) Telecommunication identifying information or access device.
(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 Tenn. Const., art. I, § 35 and title 40, chapter 38.
(g)(1) Notwithstanding any other provision of 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 the provisions of this subsection (g) conflict 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 provisions of 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), the provisions of 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, 15 U.S.C. § 6801, et. seq., 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 the provisions of § 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 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 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, 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 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.
CREDIT(S)
1999 Pub.Acts, c. 57, § 1, eff. July 1, 1999; 2004 Pub.Acts, c. 911, § 1, eff. July 1, 2004; 2011 Pub.Acts, c. 299, § 1, eff. July 1, 2011.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-151
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-151. Gasoline theft; driver's license suspension
(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 the provisions of 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 the provisions of 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).
CREDIT(S)
2000 Pub.Acts, c. 855, § 1, eff. July 1, 2000.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-152
Effective: August 11, 2010
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-152. Counterfeit marks; definitions; violations; punishment; remedies
(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 provision of law, including the provisions of title 47, chapter 18, part 1, title 47, chapter 25, part 5, or 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.
CREDIT(S)
2000 Pub.Acts, c. 980, § 1, eff. July 1, 2000; 2005 Pub.Acts, c. 395, §§ 1 to 3, eff. July 1, 2005.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-153
Effective: July 1, 2009
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-153. Housing project; dwelling accommodations; false statement or concealing material fact
(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.
CREDIT(S)
2009 Pub.Acts, c. 325, § 2, eff. July 1, 2009.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-154
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 1. Theft (Refs & Annos)
§ 39-14-154. Home improvement services provider; offenses
(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 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;
(3) “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;
(4) “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;
(5) “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
(6) “Residential property” means the building structure where a person abides, lodges, resides or establishes a living accommodation, or where a residential owner intends to abide, lodge, reside or establish a living accommodation following the completion of home improvement services made pursuant to a contract for home improvement services, and includes the land on or adjacent to such building structure.
(b) It is an offense for a home improvement services provider with intent to defraud to:
(1)(A) Fail to refund amounts paid under 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 home improvement services provider by the residential owner; or
(iii) The return of the certified mail to the residential owner indicating that the addressee is unknown at the address or a similar designation if the provider failed to provide to the 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 contracted work has been performed at the time of the request;
(ii) More than ninety (90) days have elapsed since the starting date of the contract for home improvement services; and
(iii) A copy of the written request for a refund was sent by the 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 contract for home improvement services. Such deviation includes, but is not limited to:
(A) The amount billed for the home improvement services is substantially greater than the amount quoted in the contract;
(B) The materials used in the project are of a substandard quality but the residential owner was charged for higher quality materials; or
(C)(i) The residential owner did not provide written consent for the home improvement services provider to deviate from or disregard plans or specifications in the contract; and
(ii) Such deviation or disregard caused substantial damage to the residential owner's property.
(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 contract for home improvement services that is paid, minus the value of any work performed, plus the cost to repair any damage to the residential owner's property caused by the 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 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 the provisions of § 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 home improvement services provider's conviction. If the home improvement services provider is licensed by the board, the board shall revoke the 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, compiled in title 47, chapter 18, part 1 or title 62, chapter 6.
(f) The district attorney 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.
CREDIT(S)
2010 Pub.Acts, c. 1055, § 1, eff. July 1, 2010; 2012 Pub.Acts, c. 802, § 1, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. T. 39, Ch. 14, Pt. 2, Refs & Annos
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property
Part 2. Animals
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-201
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 2. Animals (Refs & Annos)
§ 39-14-201. Definitions
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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1997 Pub.Acts, c. 90, §§ 2, 5, eff. July 1, 1997.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-202
Effective: July 1, 2010
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 2. Animals (Refs & Annos)
§ 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) Fails unreasonably to provide necessary food, water, care or shelter for an animal in the person's custody;
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1991 Pub.Acts, c. 223, § 1; 1992 Pub.Acts, c. 840, § 1; 1997 Pub.Acts, c. 90, § 4, eff. July 1, 1997; 2004 Pub.Acts, c. 940, § 6, eff. June 15, 2004; 2007 Pub.Acts, c. 535, § 1, eff. July 1, 2007; 2010 Pub.Acts, c. 816, § 1, eff. July 1, 2010.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-203
Effective: July 1, 2007
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 2. Animals (Refs & Annos)
§ 39-14-203. Fighting or baiting exhibitions
(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; or
(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.
(b) It is the legislative intent that the provisions of 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.
(2) An offense involving a cock under subdivisions (a)(1)-(3) is a Class A misdemeanor.
(d)(1) An offense under subdivision (a)(4) is a Class B misdemeanor if the person is a spectator at a dog fight.
(2) Any other violation of subdivision (a)(4) is a Class C misdemeanor.
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 625, §§ 1, 2; 2007 Pub.Acts, c. 216, § 1, eff. July 1, 2007; 2007 Pub.Acts, c. 555, § 1, eff. July 1, 2007.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-204
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 2. Animals (Refs & Annos)
§ 39-14-204. Dyed baby fowl or 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-205
Effective: July 1, 2008
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 2. Animals (Refs & Annos)
§ 39-14-205. Intentional killing; police dogs; justifiable killing
(a)(1)(A) It is an offense to knowingly and unlawfully kill the animal of another without the owner's effective consent.
(B) A violation of subdivision (a)(1)(A) is theft of property, graded according to the value of the animal, and punished in accordance with § 39-14-105.
(2) In determining the value of a police dog, fire dog, search and rescue dog, service animal or police horse under § 39-14-105, the court shall consider the value of the police dog, fire dog, search and rescue dog, service animal or police horse as both the cost of the animal and any specialized training the animal received.
(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 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. The justification for killing the animal of another authorized by this subsection (b) shall not apply to a person who, while engaging in or attempting to escape from criminal conduct, kills a police dog that is acting in its official capacity. In that case the provisions of subsection (a) shall apply to the person.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1996 Pub.Acts, c. 927, §§ 1, 2, eff. July 1, 1996; 2004 Pub.Acts, c. 957, § 1, eff. June 15, 2004; 2007 Pub.Acts, c. 466, § 1, eff. July 1, 2007; 2008 Pub.Acts, c. 1172, § 1, eff. July 1, 2008.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-206
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 2. Animals (Refs & Annos)
§ 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-207
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 2. Animals (Refs & Annos)
§ 39-14-207. Impounded animals; care
(a) 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. 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.
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-208
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 2. Animals (Refs & Annos)
§ 39-14-208. Injury to and value 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.
CREDIT(S)
2004 Pub.Acts, c. 957, § 2, eff. June 15, 2004.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-209
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 2. Animals (Refs & Annos)
§ 39-14-209. Horse shows; reports
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-210
Effective: July 1, 2007
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 2. Animals (Refs & Annos)
§ 39-14-210. Humane societies
(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 the provisions of 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.
(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) Custody of any animal victimized under this part shall be placed with any humane society chartered by the state immediately upon arrest of the person alleged to have violated this part. The humane society shall assist the animal and preserve evidence for prosecution.
(g) Any governmental animal control agency or any humane society, chartered by this state, 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. However, if the court determines that a person from whom the posting of security has been requested is indigent pursuant to title 40, chapter 14, part 2, the court may suspend the posting of any security pending the disposition of the criminal charges. 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 or the humane society in caring and providing for the animal pending disposition of the criminal charges. 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. 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 or the humane society may draw from the security the actual costs incurred in caring and providing for the seized animal pending disposition of criminal charges. 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 this subsection (g) within fifteen (15) 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 or humane society 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 or the humane society to make all reasonable efforts to determine who the owner of the animal is and to notify the owner of the pending proceeding. No animal shall be deemed to have been abandoned and forfeited to the governmental animal control agency or humane society 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 or humane society 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 or humane society for disposition in accordance with reasonable practices for the humane treatment of animals. 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 or to a humane society, chartered by the state, in lieu of posting security. The voluntary relinquishment has no effect on the outcome of the criminal charges.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1997 Pub.Acts, c. 90, § 1, eff. July 1, 1997; 2004 Pub.Acts, c. 920, § 2, eff. July 1, 2004; 2007 Pub.Acts, c. 128, §§ 1, 2, eff. July 1, 2007.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-211
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 2. Animals (Refs & Annos)
§ 39-14-211. Examination of livestock; extension agent veterinarian
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 provision of 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 same time as such action, the livestock in question is examined by the county agricultural extension agent of the county, a graduate of an accredited college of veterinary medicine specializing in livestock practice or a graduate from an accredited college of agriculture with a specialty in livestock. If the extension agent, veterinary college graduate specializing in livestock practice or livestock specialist does not have probable cause to believe that a violation of this part has occurred with regard to the livestock, no action against the owner of the livestock described in this section shall be taken. If a person authorized by this section does not make an inspection within twenty-four (24) hours of receipt of a complaint, then a licensed veterinarian may make the inspection.
CREDIT(S)
1997 Pub.Acts, c. 90, § 3, eff. July 1, 1997.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-212
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 2. Animals (Refs & Annos)
§ 39-14-212. Aggravated cruelty to animals; definitions; penalties
(a) A person commits aggravated cruelty to animals when, with aggravated cruelty and with no justifiable purpose, the person intentionally kills or intentionally causes serious physical injury to a companion animal.
(b) For purposes of this section:
(1) “Aggravated cruelty” means conduct which is done or carried out in a depraved and sadistic manner and which tortures or maims an animal, including the failure to provide food and water to a companion animal resulting in a substantial risk of death or death;
(2) “Companion animal” means any non-livestock animal as defined in § 39-14-201(3);
(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) The provisions of subsection (a) are not to be construed to prohibit or interfere with the following endeavors:
(1) The provisions of this section are not to be construed to change, modify, or amend any provision of title 70, involving fish and wildlife;
(2) The provisions of this section do not apply to activities or conduct that are prohibited by § 39-14-203;
(3) The provisions of this section do not apply to equine animals or to animals defined as livestock by the provisions of § 39-14-201;
(4) Dispatching an animal in any manner absent of aggravated cruelty;
(5) 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)(34);
(6) Dispatching rabid or diseased animals;
(7) Dispatching animals posing a clear and immediate threat to human safety;
(8) Performing or conducting bona fide scientific tests, experiments or investigations within or for a bona fide research laboratory, facility or institution;
(9) Performing accepted veterinary medical practices or treatments;
(10) Dispatching animals in accordance with § 44-17-403(e);
(11) 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;
(12) Dispatching wild or abandoned animals on a farm or residential real property; or
(13) 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 may 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. The court may prohibit the defendant 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 is necessary for the protection of the animals.
(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) 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.
(k) This section does not preclude the court from entering any other order of disposition allowed under this chapter.
CREDIT(S)
2002 Pub.Acts, c. 858, §§ 1, 2; 2004 Pub.Acts, c. 920, § 1, eff. July 1, 2004; 2004 Pub.Acts, c. 940, § 5, eff. June 15, 2004; 2004 Pub.Acts, c. 957, § 4, eff. June 15, 2004.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-213
Effective: July 1, 2007
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 2. Animals (Refs & Annos)
§ 39-14-213. Removal of electronic or radio dog collar or microchip implant; crime and penalty
(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.
CREDIT(S)
2007 Pub.Acts, c. 70, § 1, eff. July 1, 2007.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-214
Effective: July 1, 2007
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 2. Animals (Refs & Annos)
§ 39-14-214. Sexual activity with 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), the court may order that the convicted person do any of the following:
(1) Not harbor or own animals or reside in any household where animals are present;
(2) Participate in appropriate counseling at the defendant's expense; or
(3) 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).
(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.
CREDIT(S)
2007 Pub.Acts, c. 510, § 1, eff. July 1, 2007.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-215
Effective: April 16, 2010
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 2. Animals (Refs & Annos)
§ 39-14-215. Emergency care for non-livestock animal; steps to locate owner; civil 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; 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.
CREDIT(S)
2010 Pub.Acts, c. 775, § 1, eff. April 16, 2010.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-216
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 2. Animals (Refs & Annos)
§ 39-14-216. Service animals; offenses; restitution
(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.
CREDIT(S)
2012 Pub.Acts, c. 910, § 1, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-217
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 2. Animals (Refs & Annos)
§ 39-14-217. Aggravated cruelty to livestock
(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.
CREDIT(S)
2012 Pub.Acts, c. 1084, § 1, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. T. 39, Ch. 14, Pt. 3, Refs & Annos
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property
Part 3. Arson--Explosives
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-301
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 3. Arson--Explosives (Refs & Annos)
§ 39-14-301. Arson; structures
(a) A person commits an offense who knowingly damages any structure 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)(A) Arson of a place of worship is a Class B felony.
(B) As used in this subdivision (b)(2), “place of worship” means any structure that is:
(i) 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
(ii) 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1991 Pub.Acts, c. 19, § 1; 1997 Pub.Acts, c. 284, § 1, eff. May 27, 1997.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-302
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 3. Arson--Explosives (Refs & Annos)
§ 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1997 Pub.Acts, c. 284, § 2, eff. May 27, 1997; 2005 Pub.Acts, c. 353, § 15, eff. June 7, 2005.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-303
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 3. Arson--Explosives (Refs & Annos)
§ 39-14-303. Arson; personal property or real estate
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-304
Effective: April 21, 2008
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 3. Arson--Explosives (Refs & Annos)
§ 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1991 Pub.Acts, c. 46, § 1; 2008 Pub.Acts, c. 786, § 1, eff. April 21, 2008.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-305
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 3. Arson--Explosives (Refs & Annos)
§ 39-14-305. Unattended fires
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-306
Effective: April 21, 2008
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 3. Arson--Explosives (Refs & Annos)
§ 39-14-306. Fires; burning permits; burning bans
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1991 Pub.Acts, c. 46, § 2; 1999 Pub.Acts, c. 209, § 1, eff. May 19, 1999; 2008 Pub.Acts, c. 786, § 2, eff. April 21, 2008.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-307
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 3. Arson--Explosives (Refs & Annos)
§ 39-14-307. Forfeitures
All vehicles or property used by the sole owner in the commission of an offense under § 39-14-301, § 39-14-302, § 39-14-303 or § 39-14-304, and anything of value received as compensation for the commission of the offense are subject to forfeiture.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. T. 39, Ch. 14, Pt. 4, Refs & Annos
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property
Part 4. Burglary and Related Offenses
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-401
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 4. Burglary and Related Offenses (Refs & Annos)
§ 39-14-401. Definitions
As used in this part, unless the context otherwise requires:
(1) “Habitation”:
(A) Means any structure, including buildings, module units, mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons;
(B) Includes a self-propelled vehicle that is designed or adapted for the overnight accommodation of persons and is actually occupied at the time of initial entry by the defendant; and
(C) Includes each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with the structure or vehicle;
(2) “Occupied” means the condition of the lawful physical presence of any person at any time while the defendant is within the habitation or other building; and
(3) “Owner” means a person in lawful possession of property whether the possession is actual or constructive. “Owner” does not include a person, who is restrained from the property or habitation by a valid court order or order of protection, other than an ex parte order of protection, obtained by the person maintaining residence on the property.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 2000 Pub.Acts, c. 906, § 1, eff. July 1, 2000.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-402
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 4. Burglary and Related Offenses (Refs & Annos)
§ 39-14-402. 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 thereof) 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1030, § 22; 1995 Pub.Acts, c. 496, § 1, eff. July 1, 1995.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-403
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 4. Burglary and Related Offenses (Refs & Annos)
§ 39-14-403. Aggravated burglary
(a) Aggravated burglary is burglary of a habitation as defined in §§ 39-14-401 and 39-14-402.
(b) Aggravated burglary is a Class C felony.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1030, § 23.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-404
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 4. Burglary and Related Offenses (Refs & Annos)
§ 39-14-404. Especially aggravated burglary
(a) Especially aggravated burglary is:
(1) Burglary 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1990 Pub.Acts, c. 1030, § 24.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-405
Effective: July 1, 2009
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 4. Burglary and Related Offenses (Refs & Annos)
§ 39-14-405. Criminal trespass
(a) A person commits criminal trespass if the person enters or remains on property, or any portion of property, without the consent of the owner. Consent may be inferred in the case of property that is used for commercial activity available to the general public or in the case of other property when the owner has communicated the owner's intent that the property be open to the general public.
(b) It is a defense to prosecution under this section that:
(1) A person entered or remained on property that the person reasonably believed to be property for which the owner's consent to enter had been granted;
(2) The person's conduct did not substantially interfere with the owner's use of the property; and
(3) The person immediately left the property upon request.
(c) The defenses to prosecution set out in subsection (b) shall not be applicable to a person violating this section if the property owner posts the property with signs that are visible at all major points of ingress to the property being posted and the signs are reasonably likely to come to the attention of a person entering the property.
(d) For purposes of this section, “enter” means intrusion of the entire body.
(e) Entering or remaining on railroad or utility right-of-way property by an adjoining landowner for usual and customary activities of the type defined in §§ 1-3-105(2)(A)(i) and (ii), (B) and (C) and 43-1-113(a), (b)(1)(A) and (B), (b)(2) and (b)(3) shall not be considered trespass under this section. This subsection (e) shall not apply if the railroad or utility right-of-way owner, by a personal communication or posting at the site by someone with either actual authority or apparent authority to act for the railroad or utility right-of-way owner, has communicated to the adjoining landowner that the activity is not permitted.
(f) Criminal trespass is a Class C misdemeanor.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 2005 Pub.Acts, c. 297, §§ 1 to 3, eff. July 1, 2005; 2009 Pub.Acts, c. 510, § 1, eff. July 1, 2009.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-406
Effective: July 1, 2011
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 4. Burglary and Related Offenses (Refs & Annos)
§ 39-14-406. Aggravated criminal trespass; penalty
(a) A person commits aggravated criminal trespass who enters or remains on property when:
(1) The person knows the person does not have the property owner's effective consent to do so; and
(2) The person intends, knows, or is reckless about whether such person's presence will cause fear for the safety of another; or
(3) The person, in order to gain entry to the property, destroys, cuts, vandalizes, alters or removes a gate, signage, fencing, lock, chain or other barrier designed to keep trespassers from entering the property.
(b) For purposes of this section, “enter” means intrusion of the entire body.
(c) Aggravated criminal trespass is a Class B misdemeanor unless it was committed in a habitation, in a building of any hospital, or on the campus, property, or facilities of any private or public school, in which event it is a Class A misdemeanor.
(d)(1) A person also commits aggravated criminal trespass who enters or remains on the real property, including the right-of-way, of a railroad:
(A) With the intent to do harm to the property or to railroad property located on the property; or
(B) With the intent to do harm to another person or knowing that their presence will harm another person.
(2) Aggravated criminal trespass on railroad property is a Class A misdemeanor.
(e)(1) A person also commits aggravated criminal trespass who trespasses upon a construction site, or property used or owned by a public or private utility or an electric or telephone cooperative, with the intent to steal, deface, destroy, tamper with, alter or remove any equipment, supplies or other property found on the site or property.
(2)(A) In order for subdivision (e)(1) to apply, the construction, utility, or electric or telephone cooperative property must be posted by use of a sign of a size that is plainly visible to the average person at all gates or entrances to the property and shall contain language substantially similar to the following:
UNLAWFUL ENTRY ON THIS PROPERTY CONSTITUTES THE CRIMINAL OFFENSE OF AGGRAVATED CRIMINAL TRESPASS AND IS PUNISHABLE BY IMPRISONMENT FOR UP TO ONE YEAR AND A $2,500 FINE.
(B) If the proof shows that the defendant entered the posted property at some place other than a gate or entrance, it is not a defense to this subsection (e) that the defendant did not know that the property was posted against trespass.
(3) Aggravated criminal trespass on a construction site is a Class A misdemeanor.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 2006 Pub.Acts, c. 668, § 1, eff. July 1, 2006; 2008 Pub.Acts, c. 690, § 3; 2011 Pub.Acts, c. 302, § 1, eff. July 1, 2011.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-407
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 4. Burglary and Related Offenses (Refs & Annos)
§ 39-14-407. Trespass; motor vehicles
(a) Any person who drives, parks, stands, or otherwise operates a motor vehicle on, through or within a parking area, driving area or roadway located on privately owned property which is provided for use by patrons, customers or employees of business establishments upon that property, or adjoining property or for use otherwise in connection with activities conducted upon that property, or adjoining property, after the person has been requested or ordered to leave the property or to cease doing any of the foregoing actions commits a Class C misdemeanor with no incarceration permitted. A request or order under this section may be given by a law enforcement officer or by the owner, lessee, or other person having the right to the use or control of the property, or any authorized agent or representative thereof, including, but not limited to, private security guards hired to patrol the property.
(b) As used in this section, “motor vehicle” includes an automobile, truck, van, bus, recreational vehicle, camper, motorcycle, motor bike, moped, go-cart, all terrain vehicle, dune buggy, and any other vehicle propelled by motor.
(c) A property owner, lessee or other person having the right to the use or control of property may post signs or other notices upon a parking area, driving area or roadway giving notice of this section and warning that violators will be prosecuted; provided, that the posting of signs or notices shall not be a requirement to prosecution under this section and failure to post signs or notices shall not be a defense to prosecution hereunder.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-408
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 4. Burglary and Related Offenses (Refs & Annos)
§ 39-14-408. Vandalism
(a) Any person who knowingly causes damage to or the destruction of any real or personal property of another or of the state, the United States, any county, city, or town knowing that the person does not have the owner's effective consent is guilty of an offense under this section.
(b) For the purposes of this section:
(1) “Damage” includes, but is not limited to:
(A) Destroying, polluting or contaminating property; or
(B) Tampering with property and causing pecuniary loss or substantial inconvenience to the owner or a third person; and
(2) “Polluting” is the contamination by manmade or man-induced alteration of the chemical, physical, biological or radiological integrity of the atmosphere, water, or soil to the material injury of the right of another. Pollutants include dredged soil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal and agricultural waste.
(c) Acts of vandalism are to be valued according to the provisions of § 39-11-106(a)(36) and punished as theft under § 39-14-105.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1997 Pub.Acts, c. 284, § 3, eff. May 27, 1997; 2005 Pub.Acts, c. 353, § 16, eff. June 7, 2005.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-409
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 4. Burglary and Related Offenses (Refs & Annos)
§ 39-14-409. Eminent domain; surveyors and surveying; exceptions
None of the provisions of this part shall be construed in any way to affect the right of eminent domain or prevent surveyors or civil engineers from making such surveys as are necessary and lawful in the discharge of their duties.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-410
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 4. Burglary and Related Offenses (Refs & Annos)
§ 39-14-410. Timber; evidence of ownership
(a) It is the duty of any sawmill owner or operator or other person purchasing timber in the form of logs, dye wood, cord wood, hickory blocks, stave blocks, hoop poles, cross ties, shrubbery or any other kind of timber from the lands sold to the state for taxes or other state-owned land or lands belonging to an individual, firm or corporation, to obtain from the seller a bill of sale for the same or other evidence of ownership which shall be preserved by the purchaser for a period of one (1) year and shall be available for inspection to any person concerned in such timber.
(b) A violation of this section is a Class A misdemeanor.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-411
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 4. Burglary and Related Offenses (Refs & Annos)
§ 39-14-411. Public utilities or railroads; equipment; destruction or interference
(a) It is unlawful for a person to knowingly tap, cut, burn, break down, injure, destroy, or otherwise interrupt or interfere with the current, lines, cables, poles, towers, fixtures or appliances utilized to furnish service to the general public by any telephone or telegraph company, or electric light or power company engaged in furnishing communication, light, heat or power by electricity; or in any way to injure, remove, destroy or interfere with any gas fixtures or appliances.
(b) It is unlawful for a person to knowingly destroy or interfere with any property utilized by a railroad company to furnish service to the general public. Should the destruction or interference place a person in imminent danger of death or serious bodily injury, then it shall be reckless endangerment and punished according to § 39-13-103. In all other cases, it shall be punished according to the provisions of § 39-14-408.
(c) A violation of this section is a Class E felony.
CREDIT(S)
1990 Pub.Acts, c. 844, § 1; 1992 Pub.Acts, c. 832, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-412
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 4. Burglary and Related Offenses (Refs & Annos)
§ 39-14-412. Mailbox tampering; graffiti
(a) It is an offense for any person to knowingly damage, destroy, remove or otherwise tamper with a residential mailbox or other container such person knows or reasonably should know is used for the receipt or deposit of United States mail. Any person convicted of violating this subsection (a) shall be sentenced to not less than twenty-five (25) hours of public service work.
(b) It is an offense for any person to knowingly damage or deface real or personal property of the state, or a subdivision thereof, by the painting or other permanent application of graffiti directly onto the property.
(c) A violation of this section is a Class B misdemeanor. All violations shall be punished by at least twenty-five (25) hours of community service work to be determined by the court.
CREDIT(S)
1990 Pub.Acts, c. 1010, § 1; 1992 Pub.Acts, c. 769, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-413
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 4. Burglary and Related Offenses (Refs & Annos)
§ 39-14-413. Common carriers; throwing or shooting objects
(a) It is an offense for a person to intentionally throw, hurl or project a stone or other hard substance, or shoot a missile, at a train, locomotive, railway car, caboose, street railway car, bus, motorcycle, steam vessel or other watercraft used for carrying passengers or freight on any of the waters within or bordering on this state.
(b) A violation of subsection (a) is a Class B misdemeanor.
CREDIT(S)
1992 Pub.Acts, c. 691, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-414
Effective: March 2, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 4. Burglary and Related Offenses (Refs & Annos)
§ 39-14-414. Equal Access to Public Property Act
(a) This section shall be known and may be cited as the “Equal Access to Public Property Act of 2012.”
(b) As used in this section:
(1) “Camping” means the erection or use of temporary structures such as tents, tarps, and other temporary shelters for living accommodation activities such as sleeping, or making preparations to sleep;
(2) “Camping” includes, but is not limited to, the laying down of bedding for the purpose of sleeping, storing personal belongings, making any fire, doing any digging or earth breaking or carrying on cooking activities, whether by fire or use of artificial means such as a propane stove or other heat-producing portable cooking equipment.
(c) An area of state-owned land may be designated as a camping area by the department, agency, official or officials responsible for the operation, protection or maintenance of the property in question. The area's designation as a camping area may be accomplished by means of signage, advertisement or other notice designed to make known its availability for the activity of camping.
(d) It is an offense for a person to engage in the activity of camping on property owned by the state knowing that the area on which the camping occurs is not specifically designated for use as a camping area by the department or agency responsible for such land.
(e) Any items associated with camping in violation of this section, including tents, portable toilets, sleeping bags, tarps, stakes, ropes, blankets, propane heaters, cooking equipment and generators, shall be subject to seizure and forfeiture by the appropriate state officials authorized to maintain and protect the land on which the camping equipment is found or other officials whose duties include enforcement of this section.
(f) A violation of this section is a Class A misdemeanor.
(g) Nothing in this section shall be construed as preempting or preventing a state department or agency with responsibility for state property from enacting or enforcing other lawful and reasonable rules, regulations, or statutes that concern the use of and access to state property. However, if any such rule, regulation or statute is in conflict with this section, it is the intent that this section shall prevail and the prohibition against camping on state property in areas not designated as camping areas be a uniform one.
CREDIT(S)
2012 Pub.Acts, c. 535, § 1, eff. March 2, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-501
Effective: July 1, 2007
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 5. Litter Control
§ 39-14-501. 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; and
(5) “Rubbish” includes nonputrescible solid waste consisting of both combustible and noncombustible waste.
CREDIT(S)
2007 Pub.Acts, c. 595, § 1, eff. July 1, 2007.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-502
Effective: August 14, 2008
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 5. Litter Control
§ 39-14-502. 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.
CREDIT(S)
2007 Pub.Acts, c. 595, § 1, eff. July 1, 2007.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-503
Effective: July 1, 2007
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 5. Litter Control
§ 39-14-503. 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 cubic feet (7.5) cubic feet in volume.
(b) Mitigated criminal littering is a Class C misdemeanor punishable by a fine of fifty dollars ($50.00) 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 fifty dollar ($50.00) 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.
CREDIT(S)
2007 Pub.Acts, c. 595, § 1, eff. July 1, 2007.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-504
Effective: July 1, 2007
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 5. Litter Control
§ 39-14-504. 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.
CREDIT(S)
2007 Pub.Acts, c. 595, § 1, eff. July 1, 2007.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-505
Effective: July 1, 2007
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 5. Litter Control
§ 39-14-505. 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.
(b) Aggravated criminal littering is a Class A misdemeanor, except in the following circumstances, in which case it is a Class E felony:
(1) Upon the third conviction in any amount exceeding ten pounds (10 lbs.) in weight or fifteen (15) cubic feet in volume; or
(2) Upon 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 any 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.
CREDIT(S)
2007 Pub.Acts, c. 595, § 1, eff. July 1, 2007.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-506
Effective: July 1, 2007
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 5. Litter Control
§ 39-14-506. Removal of litter
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.
CREDIT(S)
2007 Pub.Acts, c. 595, § 1, eff. July 1, 2007.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-507
Effective: July 1, 2007
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 5. Litter Control
§ 39-14-507. Transportation of 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) 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.
(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) A violation of this section is a Class B misdemeanor. In addition to the penalties for a Class B misdemeanor, the court may, in its discretion, impose any of the penalties set forth in § 39-14-503(d).
CREDIT(S)
2007 Pub.Acts, c. 595, § 1, eff. July 1, 2007.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-508
Effective: August 14, 2008
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 5. Litter Control
§ 39-14-508. County litter regulations
(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.
CREDIT(S)
2007 Pub.Acts, c. 595, § 1, eff. July 1, 2007.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-509
Effective: July 1, 2007
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 5. Litter Control
§ 39-14-509. Law 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.
CREDIT(S)
2007 Pub.Acts, c. 595, § 1, eff. July 1, 2007.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-510
Effective: July 1, 2009
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 5. Litter Control
§ 39-14-510. Proceeds from fines; rewards; disbursement
(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).
CREDIT(S)
2007 Pub.Acts, c. 595, § 1, eff. July 1, 2007; 2009 Pub.Acts, c. 382, § 1, eff. July 1, 2009.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-511
Effective: August 14, 2008
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 5. Litter Control
§ 39-14-511. Environmental courts
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.
CREDIT(S)
2007 Pub.Acts, c. 595, § 1, eff. July 1, 2007.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. T. 39, Ch. 14, Pt. 6, Refs & Annos
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property
Part 6. Tennessee Personal and Commercial Computer Act of 2003
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-601
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 6. Tennessee Personal and Commercial Computer Act of 2003 (Refs & Annos)
§ 39-14-601. 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1993 Pub.Acts, c. 445, § 1, eff. July 1, 1993; 2003 Pub.Acts, c. 317, § 2, eff. July 1, 2003.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-602
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 6. Tennessee Personal and Commercial Computer Act of 2003 (Refs & Annos)
§ 39-14-602. General provisions
(a) Whoever knowingly, directly or indirectly, accesses, causes to be accessed, or attempts 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:
(1) Obtaining money, property, or services for oneself or another by means of false or fraudulent pretenses, representations, or promises violates this subsection (a) and is subject to the penalties of § 39-14-105;
(2) 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 violates this subsection (a) and is subject to the penalties of § 39-14-105; or
(3) Effecting 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 violates this subsection (a) and is subject to the penalties of § 39-14-105.
(b) Whoever intentionally and without authorization, directly or indirectly:
(1) Accesses any computer, computer system, or computer network commits a Class C misdemeanor. Operating a computer network in such a way as to allow anonymous access to that network shall constitute implicit consent to access under this part;
(2) Alters, damages, destroys, or attempts to damage or destroy, or causes the disruption to the proper operation of any computer, or who performs 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 is punishable as in § 39-14-105;
(3) Introduces or is responsible for the malicious input of any computer contaminant into any computer, computer system, or computer network commits a Class B misdemeanor;
(4) Accesses, causes to be accessed, or attempts 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 including, but not limited to, system hackers, commits a Class A misdemeanor; or
(5) Makes or causes 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 commits an offense punishable as provided in § 39-14-105.
(c) Whoever receives, conceals, uses, or aids another in receiving, concealing, or using any proceeds resulting from a violation of either subsection (a) or subdivision (b)(2), knowing the proceeds to be the result of such violation, or whoever receives, conceals, uses, or aids 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 either subsection (a) or subdivision (b)(2) is subject to the penalties of § 39-14-105.
(d) Any person who violates this section in connection with an act of terrorism commits a Class A felony.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 1993 Pub.Acts, c. 445, § 1, eff. July 1, 1993; 2002 Pub.Acts, c. 849, § 4, eff. July 4, 2002; 2003 Pub.Acts, c. 317, § 3, eff. July 1, 2003; 2006 Pub.Acts, c. 809, § 1, eff. July 1, 2006.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-603
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 6. Tennessee Personal and Commercial Computer Act of 2003 (Refs & Annos)
§ 39-14-603. 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 section.
(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.
CREDIT(S)
2003 Pub.Acts, c. 317, §§ 4, 8, eff. July 1, 2003.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-604
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 6. Tennessee Personal and Commercial Computer Act of 2003 (Refs & Annos)
§ 39-14-604. Civil remedies; damages; attorney's fees and costs; protection of secrecy and security
(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. The provisions of this section shall not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.
CREDIT(S)
2003 Pub.Acts, c. 317, § 5, eff. July 1, 2003.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-605
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 6. Tennessee Personal and Commercial Computer Act of 2003 (Refs & Annos)
§ 39-14-605. Venue
For the purposes of venue under the provisions of 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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1; 2003 Pub.Acts, c. 317, § 6, eff. July 1, 2003.
Formerly § 39-14-603.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-606
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 6. Tennessee Personal and Commercial Computer Act of 2003 (Refs & Annos)
§ 39-14-606. [FN1] Electronic signal transmissions
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.
CREDIT(S)
2003 Pub.Acts, c. 317, § 8, eff. July 1, 2003.
[FN1] The text of this section, which was added by 2003 Pub.Acts, c. 317, § 8, was also classified as subsec. (e) of § 39-14-603 in 2003.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-701
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 7. Criminal Instruments
§ 39-14-701. Burglary tools; possession
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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-702
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 7. Criminal Instruments
§ 39-14-702. Explosive components; possession
(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.
CREDIT(S)
1989 Pub.Acts, c. 591, § 1.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-703
Effective: July 1, 2009
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 7. Criminal Instruments
§ 39-14-703. Tools to disable theft deterrent devices; possession
(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.
CREDIT(S)
2009 Pub.Acts, c. 83, § 1, eff. July 1, 2009.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-704
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 7. Criminal Instruments
§ 39-14-704. Tools to divert funds electronically; possession
(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 non-payment 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).
CREDIT(S)
2012 Pub.Acts, c. 741, § 1, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-801
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
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.”
CREDIT(S)
1992 Pub.Acts, c. 782, § 2.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-802
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 8. Farm Animal and Research Facilities Protection
§ 39-14-802. 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) “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;
(8) “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;
(9) “Possession” means actual care, custody, control, or management;
(10) “Property” means any real or personal property and includes any document, record, research data, paper, or computer storage medium; and
(11) “State” means the state of Tennessee.
CREDIT(S)
1992 Pub.Acts, c. 782, § 3.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-803
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 8. Farm Animal and Research Facilities Protection
§ 39-14-803. General provisions
(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.
CREDIT(S)
1992 Pub.Acts, c. 782, §§ 4, 5.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-804
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 8. Farm Animal and Research Facilities Protection
§ 39-14-804. Crimes and offenses; classification
(a) A person found to be in violation of any of the offenses defined in § 39-14-803(a) and (b) commits a Class C felony.
(b) Any person violating § 39-14-803(c) commits a Class B misdemeanor.
CREDIT(S)
1992 Pub.Acts, c. 782, § 5.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-805
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 8. Farm Animal and Research Facilities Protection
§ 39-14-805. Commissioner; powers and duties
For purposes of enforcing the provisions of 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.
CREDIT(S)
1992 Pub.Acts, c. 782, § 6.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-806
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 8. Farm Animal and Research Facilities Protection
§ 39-14-806. Remedies; costs and attorney fees
(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.
CREDIT(S)
1992 Pub.Acts, c. 782, § 7.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. T. 39, Ch. 14, Pt. 9, Refs & Annos
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property
Part 9. Money Laundering Offenses
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-901
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 9. Money Laundering Offenses (Refs & Annos)
§ 39-14-901. Title
This part shall be known and may be cited as the “Money Laundering Act of 1996.”
CREDIT(S)
1996 Pub.Acts, c. 1012, § 9, eff. July 1, 1996.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-902
Effective: July 1, 2012
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 9. Money Laundering Offenses (Refs & Annos)
§ 39-14-902. 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.
CREDIT(S)
1996 Pub.Acts, c. 1012, § 1, eff. July 1, 1996; 2009 Pub.Acts, c. 386, § 1, eff. July 1, 2009; 2012 Pub.Acts, c. 851, § 1, eff. July 1, 2012.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-903
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 9. Money Laundering Offenses (Refs & Annos)
§ 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) The provisions of 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.
CREDIT(S)
1996 Pub.Acts, c. 1012, § 2, eff. July 1, 1996.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-904
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 9. Money Laundering Offenses (Refs & Annos)
§ 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.
CREDIT(S)
1996 Pub.Acts, c. 1012, § 3, eff. July 1, 1996.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-905
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 9. Money Laundering Offenses (Refs & Annos)
§ 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.
CREDIT(S)
1996 Pub.Acts, c. 1012, § 4, eff. July 1, 1996.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-906
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs & Annos)
Part 9. Money Laundering Offenses (Refs & Annos)
§ 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.
CREDIT(S)
1996 Pub.Acts, c. 1012, § 5, eff. July 1, 1996.
Current with laws from the 2013 First Reg. Sess., eff. through April 16, 2013
T. C. A. § 39-14-907
Effective:[See Text Amendments]
West's Tennessee Code Annotated Currentness
Title 39. Criminal Offenses
Chapter 14. Offenses Against Property (Refs &