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

(1) “Crime” means:

criminal case

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Terms Used In Tennessee Code 40-38-302

  • Crime: means :
    (A) Any offense the punishment for which is a Class A, B, C, D or E felony. See Tennessee Code 40-38-302
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • family member: is a minor, the minor may be represented by a guardian where appropriate. See Tennessee Code 40-38-302
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Victim: means :
    (i) A natural person against whom a crime was committed. See Tennessee Code 40-38-302
(A) Any offense the punishment for which is a Class A, B, C, D or E felony;
(B) First degree murder; or
(C) Assault under § 39-13-101(a)(1);
(2) “Critical stages of the criminal justice process” are:

(A) Bond hearings or bond reduction hearings if hearing from the victim is deemed relevant by the appropriate district attorney general;
(B) Any hearing on a motion to dismiss or on a plea agreement requiring approval by the trial court;
(C) The defendant‘s sentencing hearing;
(D) Any hearing at which the issue of whether the defendant should pay restitution or the amount of restitution that should be paid is discussed;
(E) Any parole hearing at which the defendant’s release on parole will be discussed or determined; and
(F) Any other hearing that proposes a final disposition of the case;
(3) “Family member” means the victim’s spouse, natural parent, child, adopted child, grandparent, grandchild, stepparent, adoptive parent, or brother or sister of the whole or half-blood or by adoption. If a “family member” is a minor, the minor may be represented by a guardian where appropriate; and
(4)

(A) “Victim” means:

(i) A natural person against whom a crime was committed;
(ii) If the victim is a minor, then the parent or legal guardian of the minor; or
(iii) If the victim is deceased or is physically or emotionally unable to exercise the victim’s rights, then the following persons, or their designees, in the order of preference in which they are listed:

(a) A family member; or
(b) A person who resided with the victim;
(B) “Victim” does not include any person charged with or alleged to have committed the crime or who is charged with some form of criminal responsibility for commission of the crime.
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