Terms Used In Tennessee Code > Title 11 > Chapter 9 - Recreational Development

• Administrator of elections: means the chief county election administrative officer appointed by the county election commission and such official's designee or designees. See Tennessee Code 40-38-601
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• 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.
• Animal: means a companion animal, and a "non-livestock animal" as defined in §. See Tennessee Code 40-39-102
• Animal abuse offense: means :
  (A) Aggravated cruelty to animals, under §. See Tennessee Code 40-39-102
• animal abuser: means a person who has been convicted in this state of committing an animal abuse offense. See Tennessee Code 40-39-102
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicant: means the person who applies to be a program participant and who is or has been a victim of domestic abuse, stalking, human trafficking, rape, sexual battery, or another sexual offense. See Tennessee Code 40-38-601
• Application: means the form or forms submitted, in the manner prescribed by the secretary of state, by an individual requesting certification for the address confidentiality program. See Tennessee Code 40-38-601
• Application assistant: means an employee or volunteer at an agency or organization that serves victims of domestic abuse, stalking, human trafficking, rape, sexual battery, or any other sexual offense, who has received training and certification from the secretary of state to help individuals complete applications to be program participants. See Tennessee Code 40-38-601
• 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.
• Board: means the board of parole. See Tennessee Code 41-1-501
• Business: includes every trade, occupation, profession, investment activity and other lawful purpose for gain or the preservation of assets whether or not carried on for profits. See Tennessee Code 48-202-101
• Chambers: A judge's office.
• Co-applicant: means the spouse, parent, or fiduciary of the applicant who lives in the same residence as the applicant at the time the application is made and who resides in the same residence with the applicant while the applicant is a program participant. See Tennessee Code 40-38-601
• Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
• Commissioner: means the commissioner of correction. See Tennessee Code 41-1-501
• Companion animal: means any dog, defined as any live dog of the species Canis familiaris, or cat, defined as any live cat of the species Felis catus. See Tennessee Code 40-39-102
• Confidential address: means the actual address of a program participant's residence, school, institution of higher education, business, or place of employment, as specified on an application to be a program participant or on a notice of change of address filed under this part. See Tennessee Code 40-38-601
• Confirmation of good standing: means confirmation by the commissioner of revenue issued through electronic communication to the secretary of state or a certificate of tax clearance that at the time such confirmation is issued an LLC or a foreign LLC is current on all taxes and penalties to the satisfaction of the commissioner. See Tennessee Code 48-202-101
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: means a judgment entered by a Tennessee court upon a plea of guilty, a plea of nolo contendere, or a finding of guilt by a jury or the court, notwithstanding any pending appeal or habeas corpus proceeding arising from the judgment. See Tennessee Code 40-39-102
• Conviction: includes , but is not limited to, a conviction by a federal court or military tribunal, including a court-martial conducted by the armed forces of the United States, and a conviction, whether upon a plea of guilty, a plea of nolo contendere or a finding of guilt by a jury or the court in any other state of the United States, other jurisdiction or other country. See Tennessee Code 40-39-202
• Conviction: A judgement of guilt against a criminal defendant.
• Coordinator of elections: means the official appointed by the secretary of state in accordance with §. See Tennessee Code 40-38-601
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Designated capacity: means the number of adult male and female inmates who may be confined in all state correctional facilities under humane and constitutional conditions, as determined by the commissioner. See Tennessee Code 41-1-501
• Designated law enforcement agency: means any law enforcement agency that has jurisdiction over the primary or secondary residence, place of physical presence, place of employment, school or institution of higher education where the student is enrolled or, for offenders on supervised probation or parole, the department of correction or court ordered probation officer. See Tennessee Code 40-39-202
• Director: means the director of the TBI. See Tennessee Code 40-39-102
• Directors: means natural persons, designated in the charter or bylaws or elected or appointed by the incorporators, and their successors and natural persons elected or appointed to act as members of the board, irrespective of the names or titles by which such persons are described. See Tennessee Code 48-51-201
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Document: means :
  (A) Any tangible medium on which information is inscribed, and includes any writing or written instrument. See Tennessee Code 48-11-201
• Employed or practices a vocation: means any full-time or part-time employment in the state, with or without compensation, or employment that involves counseling, coaching, teaching, supervising, volunteering or working with minors in any way, regardless of the period of employment, whether the employment is financially compensated, volunteered or performed for the purpose of any government or education benefit. See Tennessee Code 40-39-202
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Tennessee Code 48-202-101
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governmental entity: means the state, a political subdivision of the state, or any department, agency, board, commission, or other instrumentality of the state or a political subdivision of the state. See Tennessee Code 40-38-601
• 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.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• In-house population: means the total number of adult male or female inmates physically present within all state correctional facilities on a given day. See Tennessee Code 41-1-501
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Institution of higher education: means a public or private:
  (A) Community college. See Tennessee Code 40-39-202
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
• Minor: means any person under eighteen (18) years of age. See Tennessee Code 40-39-202
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Month: means a calendar month. See Tennessee Code 40-39-202
• Month: means a calendar month. See Tennessee Code 1-3-105
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Oath: includes affirmation. See Tennessee Code 1-3-105
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Offender: means sexual offender, violent sexual offender and violent juvenile sexual offender, unless otherwise designated. See Tennessee Code 40-39-202
• Offender against children: means any sexual offender, violent sexual offender or violent juvenile sexual offender if the victim in one (1) or more of the offender's crimes was a child of twelve (12) years of age or less. See Tennessee Code 40-39-202
• Parent: means any biological parent, adoptive parent or step-parent, and includes any legal or court-appointed guardian or custodian. See Tennessee Code 40-39-202
• Parent: includes biological and adoptive parents, as defined in §. See Tennessee Code 40-38-601
• Parole: means the release of an inmate to the community by the board of parole prior to the expiration of the inmate's term, subject to conditions imposed by the board and to its supervision, or where a court or other authority has issued a warrant against the prisoner and the board in its discretion has released the prisoner to answer the warrant of the court or authority. See Tennessee Code 41-1-501
• participant: means a person who is certified by the secretary of state as a program participant and who is an applicant, co-applicant, the child of an applicant or co-applicant, or a person with a disability for whom an applicant or co-applicant serves as a fiduciary. See Tennessee Code 40-38-601
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• 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:
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. ^{Source: U.S. Courts}
• Primary residence: means a place where the person abides, lodges, resides or establishes any other living accommodations in this state for five (5) consecutive days. See Tennessee Code 40-39-202
• Principal office: means the office (in or out of this state) so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located. See Tennessee Code 48-11-201
• Prisoner: means an inmate confined in a state correctional facility or a felony offender confined in a local jail or workhouse who is serving a sentence of one (1) or more years. See Tennessee Code 41-1-501
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Process: means judicial process and all orders, demands, notices, or other papers required or permitted by law to be served on a program participant. See Tennessee Code 40-38-601
• program: means the program created under this part to protect the confidentiality of the confidential address of a relocated victim of domestic abuse, stalking, human trafficking, rape, sexual battery, or any other sexual offense. See Tennessee Code 40-38-601
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
• Register: means the initial registration of an offender, or the re-registration of an offender after deletion or termination from the SOR. See Tennessee Code 40-39-202
• Registered office: means the place in this state designated in the articles as the registered office of the LLC. See Tennessee Code 48-202-101
• Registering agency: means a sheriff's office, municipal police department, metropolitan police department, campus law enforcement agency, the Tennessee department of correction, a private contractor with the Tennessee department of correction or the board. See Tennessee Code 40-39-202
• Relevant designated capacity: means the capacity of the state correctional facilities housing all adult male or all adult female inmates, or both, under the conditions set forth in the definition of "designated capacity. See Tennessee Code 41-1-501
• Report: means appearance before the proper designated law enforcement agency for any of the purposes set out in this part. See Tennessee Code 40-39-202
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• Resident: means any person who abides, lodges, resides or establishes any other living accommodations in this state, including establishing a physical presence in this state. See Tennessee Code 40-39-202
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Secondary residence: means a place where the person abides, lodges, resides or establishes any other living accommodations in this state for a period of fourteen (14) or more days in the aggregate during any calendar year and that is not the person's primary residence. See Tennessee Code 40-39-202
• Secretary: means the corporate officer to whom the bylaws or the board of directors has delegated responsibility under §. See Tennessee Code 48-11-201
• secretary: means the secretary of state of Tennessee and any designee of the secretary. See Tennessee Code 40-38-601
• Secretary of state: means the person who holds the office of secretary of state of Tennessee. See Tennessee Code 48-202-101
• Serious offender: includes any person who is convicted in any other jurisdiction of any offense that would constitute a serious offense as defined in this part. See Tennessee Code 40-39-301
• Service of process: The service of writs or summonses to the appropriate party.
• sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
• Sexual offender: means a person who has been convicted in this state of committing a sexual offense or has another qualifying conviction. See Tennessee Code 40-39-202
• Sexual offense: means :
  (A) The commission of any act that, on or after November 1, 1989, constitutes the criminal offense of:

  (i) Sexual battery, under §. See Tennessee Code 40-39-202
• Sexual offense: means any of the crimes enumerated in §. See Tennessee Code 40-39-301
• Sexual offense: means a sexual offense or violent sexual offense as defined in §. See Tennessee Code 40-38-601
• signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
• Social media: means websites and other online means of communication that are usually used by large groups of people to share information, to develop social and professional contacts, and that customarily require an identifying password and user identification to participate. See Tennessee Code 40-39-202
• SOR: means the TBI's centralized record system of offender registration, verification and tracking information. See Tennessee Code 40-39-202
• State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Student: means a person who is enrolled on a full-time or part-time basis in any public or private educational institution, including any secondary school, trade or professional institution or institution of higher learning. See Tennessee Code 40-39-202
• Substitute address: means an address designated by the secretary of state under the address confidentiality program that is used instead of a confidential address as set forth by this part. See Tennessee Code 40-38-601
• TBI: means the Tennessee bureau of investigation. See Tennessee Code 40-39-102
• TBI: means the Tennessee bureau of investigation. See Tennessee Code 40-39-202
• TBI registration form: means the Tennessee sexual offender registration, verification and tracking form. See Tennessee Code 40-39-202
• TDOC: means the Tennessee department of correction. See Tennessee Code 40-39-202
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• TIES: means the Tennessee information enforcement system. See Tennessee Code 40-39-202
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• United States: includes district, authority, bureau, commission, department, and any other agency of the United States. See Tennessee Code 48-11-201
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Violent juvenile sexual offender: means a person who is adjudicated delinquent in this state for any act that constitutes a violent juvenile sexual offense. See Tennessee Code 40-39-202
• Violent juvenile sexual offense: means an adjudication of delinquency, for any act committed on or after July 1, 2011, that, if committed by an adult, constitutes the criminal offense of:
  (i) Aggravated rape, under §. See Tennessee Code 40-39-202
• Violent sexual offender: means a person who has been convicted in this state of committing a violent sexual offense or has another qualifying conviction. See Tennessee Code 40-39-202
• Violent sexual offender: means any person who is convicted in the state, on or after July 1, 2004, of any sexual offense, as defined in subdivision (2) or §. See Tennessee Code 40-39-301
• Violent sexual offense: means the commission of any act that constitutes the criminal offense of:
  (A) Aggravated rape, under [former] §. See Tennessee Code 40-39-202
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105