(a) It is unlawful for any person to knowingly fail to appear as directed by a lawful authority if the person:

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111
criminal case

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Terms Used In Tennessee Code 39-16-609

  • 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.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Custody: means under arrest by a law enforcement officer or under restraint by a public servant pursuant to an order of a court. See Tennessee Code 39-16-601
  • 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. See Tennessee Code 39-11-106
  • Penal institution: includes any institution or facility used to house or detain a person:
    (A) Convicted of a crime. See Tennessee Code 39-16-601
  • 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. See Tennessee Code 39-11-106
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Summons: Another word for subpoena used by the criminal justice system.
(1) Has been lawfully issued a criminal summons pursuant to § 40-6-215;
(2) Has been lawfully commanded to appear for booking and processing pursuant to a criminal summons issued in accordance with § 40-6-215;
(3) Has been lawfully issued a citation in lieu of arrest under § 40-7-118;
(4) Has been lawfully released from custody, with or without bail, on condition of subsequent appearance at an official proceeding or penal institution at a specified time or place; or
(5) Knowingly goes into hiding to avoid prosecution or court appearance.
(b) It is a defense to prosecution under this section that:

(1) The appearance is required by a probation and parole officer as an incident of probation or parole supervision; or
(2) The person had a reasonable excuse for failure to appear at the specified time and place.
(c) Nothing in this section shall apply to witnesses.
(d) Failure to appear is a Class A misdemeanor.
(e) Any sentence received for a violation of this section must be ordered to be served consecutively to any sentence received for the offense for which the defendant failed to appear.
(f) [Deleted by 2019 amendment.]
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