(a) It is an exception to the application of §§ 39-16-102, 39-16-104 and 39-16-105, that the benefit involved is a fee prescribed by law to be received by a public servant or any other benefit to which the public servant is lawfully entitled.
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Terms Used In Tennessee Code 39-16-106

  • 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
  • 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
(b) It is a defense to prosecution under §§ 39-16-102, 39-16-104 and 39-16-105, that the benefit involved was:

(1) A trivial benefit incidental to personal, professional, or business contacts, which involves no substantial risk of undermining official impartiality; or
(2) A lawful contribution made for the political campaign of an elective public servant when the public servant is a candidate for nomination or election to public office.
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