(a) A public servant commits an offense who, by reason of information to which the public servant has access in the public servant’s official capacity and that has not been made public, attains or aids another to attain a benefit.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $500
For details, see Tenn. Code § 40-35-111
criminal case

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Terms Used In Tennessee Code 39-16-404

  • 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 person elected, selected, appointed, employed, or otherwise designated as one (1) of the following even if the public servant has not yet qualified for office or assumed the duties:
    (A) An officer, employee, or agent of government. See Tennessee Code 39-16-401
(b) An offense under this section is a Class B misdemeanor.
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