(a) It is an offense for a person to report to the department an accusation of abuse, sexual abuse, neglect or exploitation of an adult if, at the time of the report, the person knows or should know the accusation is false.

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 71-6-123

  • Adult: means a person eighteen (18) years of age or older who because of mental or physical dysfunctioning or advanced age is unable to manage such person's own resources, carry out the activities of daily living, or protect such person from neglect, hazardous or abusive situations without assistance from others and who has no available, willing, and responsibly able person for assistance and who may be in need of protective services. See Tennessee Code 71-6-102
  • Department: means the department of human services. See Tennessee Code 71-6-102
  • Exploitation: means the improper use by a caretaker of funds that have been paid by a governmental agency to an adult or to the caretaker for the use or care of the adult. See Tennessee Code 71-6-102
  • Investigation: includes , but is not limited to, a personal interview with the individual reported to be abused, neglected, or exploited. See Tennessee Code 71-6-102
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
(b) It is an offense for a person to knowingly cause another to report to the department an accusation of abuse, sexual abuse, neglect or exploitation of an adult if, at the time of the conduct, the person knows or should know the accusation is false.
(c) A violation of this section is a Class A misdemeanor.
(d) Notwithstanding § 71-6-118 to the contrary:

(1) The department may report to the district attorney general or law enforcement authorities the identity of any person whom it reasonably believes has violated this section; and
(2) The information such person reported or caused to be reported may be disclosed and utilized in any manner necessary by the department, the district attorney general or law enforcement authorities as part of any investigation or prosecution of a violation of this section.
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