As used in this part, unless the context otherwise requires:

(1)

criminal case

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Terms Used In Tennessee Code 39-12-203

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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. See Tennessee Code 39-12-203
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Benefit: means anything reasonably regarded as economic gain, enhancement or advantage, including benefit to any other person in whose welfare the beneficiary is interested. See Tennessee Code 39-11-106
  • Coercion: means a threat, however communicated, to:
    (A) Commit any offense. See Tennessee Code 39-11-106
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Enterprise: means a formal or informal ongoing organization, association, or group that has as one (1) of its primary activities the commission of one (1) or more offenses qualifying as racketeering activity, and that consists of three (3) or more persons:
    (A) Who share a common name, identifying signs, colors, or symbols, including, but not limited to, terrorist organizations, hate groups, and criminal gangs as defined in §. See Tennessee Code 39-12-203
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Juror: A person who is on the jury.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Minor: means any person under eighteen (18) years of age. See Tennessee Code 39-11-106
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Ongoing: means that the enterprise was in existence when the racketeering activity was committed as charged in a petition, warrant, indictment, information, presentment, or action for civil injunctive relief. See Tennessee Code 39-12-203
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual or entity holding or capable of holding a legal or beneficial interest in property. See Tennessee Code 39-12-203
  • Personal property: All property that is not real property.
  • Personal property: includes any personal property, or any interest in personal property, or any right, including bank accounts, debts, corporate stocks, patents or copyrights. See Tennessee Code 39-12-203
  • 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. See Tennessee Code 39-11-106
  • 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. See Tennessee Code 39-11-106
  • Racketeering activity: means to commit, attempt to commit, conspire to commit, or to aid, attempt to aid, solicit, coerce, facilitate, or intimidate another person to commit:
    (A) An offense under chapter 13, part 2 of this title, relating to criminal homicide. See Tennessee Code 39-12-203
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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. See Tennessee Code 39-12-203
  • 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. See Tennessee Code 39-11-106
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Trustee: A person or institution holding and administering property in trust.
  • 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. See Tennessee Code 39-12-203
(A) “Beneficial interest” means either of the following:

(i) The interest of a person as a beneficiary under any trust arrangement pursuant to which a trustee or any other person holds legal or record title to personal or real property for the benefit of the person; or
(ii) The interest of a person under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real or personal property for the benefit of the person;
(B) “Beneficial interest” does not include the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or a limited partnership;
(2) “Documentary material” means any book, paper, document, writing, drawing, graph, chart, photograph, phono record, magnetic tape, computer print-out, or other data compilation from which information can be obtained or from which information can be translated into usable form or other tangible item;
(3) “Enterprise” means a formal or informal ongoing organization, association, or group that has as one (1) of its primary activities the commission of one (1) or more offenses qualifying as racketeering activity, and that consists of three (3) or more persons:

(A) Who share a common name, identifying signs, colors, or symbols, including, but not limited to, terrorist organizations, hate groups, and criminal gangs as defined in § 40-35-121(a)(1); or
(B) Who share the primary purpose of promoting or facilitating commercial sex acts, as defined under § 39-13-301(4);
(4) “Innocent person” includes bona fide purchasers and victims;
(5) “Investigative agency” means the office of the attorney general and reporter;
(6) “Ongoing” means that the enterprise was in existence when the racketeering activity was committed as charged in a petition, warrant, indictment, information, presentment, or action for civil injunctive relief;
(7) “Pattern of racketeering activity” means engaging in at least two (2) incidents of racketeering activity that have the same or similar intents, purposes, results, accomplices, victims, or methods of commission or are otherwise interrelated by distinguishing characteristics and are not isolated incidents; provided, that at least one (1) of the incidents occurred after July 1, 2023, and the last of the incidents occurred within eight (8) years after a prior incident. Racketeering activity that was the subject of a prior prosecution that resulted in an acquittal must not be used under this part;
(8) “Person” means any individual or entity holding or capable of holding a legal or beneficial interest in property;
(9) “Personal property” includes any personal property, or any interest in personal property, or any right, including bank accounts, debts, corporate stocks, patents or copyrights. Personal property and beneficial interest in personal property are deemed located where the trustee is, the personal property is, or the instrument evidencing the right is;
(10) “Racketeering activity” means to commit, attempt to commit, conspire to commit, or to aid, attempt to aid, solicit, coerce, facilitate, or intimidate another person to commit:

(A) An offense under chapter 13, part 2 of this title, relating to criminal homicide;
(B) An offense under chapter 13, part 3 of this title, relating to kidnapping, false imprisonment, or human trafficking;
(C) An offense under chapter 13, part 4 of this title, relating to robbery;
(D) An offense under chapter 13, part 10 of this title, relating to burglary;
(E) An offense under chapter 14, part 7 of this title, relating to criminal instruments;
(F) An offense under chapter 14, part 9 of this title, relating to money laundering;
(G) An offense under chapter 17, part 13 of this title, relating to weapons;
(H) Assault under § 39-13-101;
(I) Aggravated assault under § 39-13-102;
(J) Reckless endangerment under § 39-13-103;
(K) Domestic assault under § 39-13-111;
(L) Violation of an order of protection or restraining order under § 39-13-113;
(M) Aggravated rape under § 39-13-502;
(N) Rape under § 39-13-503;
(O) Aggravated sexual battery under § 39-13-504;
(P) Promoting prostitution under § 39-13-515;
(Q) Continuous sexual abuse of a child under § 39-13-518;
(R) Rape of a child under § 39-13-522;
(S) Aggravated rape of a child under § 39-13-531;
(T) Promoting travel for prostitution under § 39-13-533;
(U) Unauthorized use of automobiles and other vehicles under § 39-14-106;
(V) Theft of property under § 39-14-103;
(W) Extortion under § 39-14-112;
(X) Forgery under § 39-14-114;
(Y) Criminal simulation under § 39-14-115;
(Z) Illegal possession or fraudulent use of credit or debit card under § 39-14-118;
(AA) Identity theft under § 39-14-150;
(BB) Arson under § 39-14-301;
(CC) Aggravated arson under § 39-14-302;
(DD) Setting fire to personal property or land under § 39-14-303;
(EE) Aggravated criminal trespass under § 39-14-406;
(FF) Trespass by motor vehicle under § 39-14-407;
(GG) Vandalism under § 39-14-408;
(HH) Bribery of a public servant under § 39-16-102;
(II) Bribery of a witness under § 39-16-107;
(JJ) Bribery of a juror under § 39-16-108;
(KK) Contraband in penal institutions under § 39-16-201;
(LL) Criminal impersonation under § 39-16-301;
(MM) Using a false identification under § 39-16-303;
(NN) False reports under § 39-16-502;
(OO) Tampering with or fabricating evidence under § 39-16-503;
(PP) Coercion or persuasion of a witness under § 39-16-507;
(QQ) Coercion of a juror under § 39-16-508;
(RR) Improper influence of a juror under § 39-16-509;
(SS) Retaliation for past action under § 39-16-510;
(TT) Threats of mass violence on school property or at a school-related activity under § 39-16-517;
(UU) Obstruction of law enforcement under § 39-16-602;
(VV) Evading arrest under § 39-16-603;
(WW) Escape under § 39-16-605;
(XX) Introduction of implements for escape under § 39-16-608;
(YY) Perjury under § 39-16-702;
(ZZ) Aggravated perjury under § 39-16-703;
(AAA) Subornation of perjury under § 39-16-705;
(BBB) Stalking, aggravated stalking, or especially aggravated stalking under § 39-17-315;
(CCC) A drug offense under § 39-17-417;
(DDD) Simple possession or casual exchange under § 39-17-418;
(EEE) Counterfeit controlled substances under § 39-17-423;
(FFF) Unlawful drug paraphernalia under § 39-17-425;
(GGG) Immediate methamphetamine precursor under § 39-17-431;
(HHH) Promotion of methamphetamine manufacture under § 39-17-433;
(III) Manufacture, delivery, sale, or possession of methamphetamines under § 39-17-434;
(JJJ) Initiation of methamphetamine manufacture process under § 39-17-435;
(KKK) Controlled substance analogue under § 39-17-454;
(LLL) Gambling under § 39-17-502;
(MMM) Gambling promotion under § 39-17-503;
(NNN) Aggravated gambling promotion under § 39-17-504;
(OOO) Sexual exploitation of a minor under § 39-17-1003;
(PPP) Aggravated sexual exploitation of a minor under § 39-17-1004; or
(QQQ) Especially aggravated sexual exploitation of a minor under § 39-17-1005;
(11) “Real property” means any real property situated in this state or any interest in the real property, including, but not limited to, any lease of or mortgage upon such real property. Real property and beneficial interest in real property are deemed to be located where the real property is located;
(12) “RICO lien notice” means the notice described in § 39-12-207; and
(13)

(A) “Trustee” means any of the following:

(i) Any person who holds legal or record title to real or personal property in which any other person has a beneficial interest; or
(ii) Any successor trustee to one (1) of the persons in subdivision (12)(A)(i);
(B) “Trustee” does not include any person serving as a fiduciary appointed by a court to administer an estate or acting as a trustee of any testamentary trust or as a trustee of any indenture of trust under which any bonds have been or are to be issued.
(14) [Deleted by 2023 amendment.]
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