Part 1 Construction 39-11-101 – 39-11-118
Part 2 Burden of Proof 39-11-201 – 39-11-204
Part 3 Culpability 39-11-301 – 39-11-302
Part 4 Criminal Responsibility 39-11-401 – 39-11-411
Part 5 General Defenses 39-11-501 – 39-11-505
Part 6 Justification Excluding Criminal Responsibility 39-11-601 – 39-11-622
Part 7 Disposition of Forfeited Property 39-11-701 – 39-11-717

Terms Used In Tennessee Code > Title 39 > Chapter 11

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Agriculture: means :

    • (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105

    • Amortization: Paying off a loan by regular installments.
    • Antique firearm: means :

      • (A) Any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before the year 1898. See Tennessee Code 39-11-106

      • Arrest: Taking physical custody of a person by lawful authority.
      • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
      • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
      • Attorney general: means the district attorney general, and the district attorney general's assistants. See Tennessee Code 39-11-702
      • Authority: means the Bledsoe County regional water authority created by this part. See Tennessee Code 64-1-1202
      • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
      • 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
      • Board: means the board of medical examiners. See Tennessee Code 63-31-101
      • Board: means the board of directors of the authority. See Tennessee Code 64-1-1202
      • Bodily injury: includes a cut, abrasion, bruise, burn or disfigurement, and physical pain or temporary illness or impairment of the function of a bodily member, organ, or mental faculty. See Tennessee Code 39-11-106
      • Bonds: means bonds, interim certificates or other obligations of the authority issued pursuant to this part including joint obligations of the authority and the county, districts or municipalities. See Tennessee Code 64-1-1202
      • Bonds: means bonds or interim certificates issued pending preparation or delivery of definitive bonds of a local government issued pursuant to this chapter. See Tennessee Code 9-21-105
      • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
      • 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
      • Coercion: means a threat, however communicated, to:

        • (A) Commit any offense. See Tennessee Code 39-11-106

        • Collector: includes any person entrusted with the collection of public revenue. See Tennessee Code 1-3-105
        • Commissioner: means the commissioner of health or the commissioner's designee. See Tennessee Code 63-30-102
        • Committee: means the polysomnography professional standards committee established by §. See Tennessee Code 63-31-101
        • Construction: means building, reconstruction, erection, replacement, extension, repairing, betterment, equipment, development, embellishment, improvement, acquisition by gift, lease, purchase or the exercise of the right of eminent domain, or any one (1) or more or all of the foregoing, including the acquisition of land and of rights in land, and including acquisition of all of the outstanding capital stock of any corporation whose assets consist entirely of one (1) or more public works projects which together constitute a waterworks, sewer system, natural gas system, electric system, or any combination thereof, including, but not limited to, a water, sewer, natural gas and/or electric distribution system, or any combination thereof, serving a local government and assets related to the operation thereof and whose liabilities consist entirely of those related to the ownership and operation thereof. See Tennessee Code 9-21-105
        • Conviction: A judgement of guilt against a criminal defendant.
        • County: means Bledsoe County. See Tennessee Code 64-1-1202
        • County executive: means and includes "county mayor" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
        • Criminal negligence: refers to a person who acts with criminal negligence with respect to the circumstances surrounding that person's conduct or the result of that conduct when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. See Tennessee Code 39-11-106
        • Custody: means under arrest by a law enforcement officer, or under restraint by an officer, employee or agent of government pursuant to an order of a court. See Tennessee Code 39-11-602
        • Deadly force: means force that is intended or known by the defendant to cause or, in the manner of its use or intended use, is capable of causing death or serious bodily injury. See Tennessee Code 39-11-602
        • Deception: means that a person knowingly:

          • (i) Creates or reinforces a false impression by words or conduct, including false impressions of fact, law, value or intention or other state of mind that the person does not believe to be true. See Tennessee Code 39-11-106

          • Deed: The legal instrument used to transfer title in real property from one person to another.
          • Defendant: means a person accused of an offense under this title and includes any person who aids or abets the commission of such offense. See Tennessee Code 39-11-106
          • Department: means the department of health. See Tennessee Code 63-30-102
          • Devise: To gift property by will.
          • Direct supervision: means that the polysomnographic technologist providing supervision must be present in the area where the polysomnographic procedure is being performed and immediately available to furnish assistance and direction throughout the performance of the procedure. See Tennessee Code 63-31-101
          • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
          • Districts: refers to the Pikeville utility district, the North Bledsoe utility district, the Summer City utility district and the Fall Creek Falls utility district. See Tennessee Code 64-1-1202
          • Division: means the division of health-related boards in the department of health. See Tennessee Code 63-30-102
          • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
          • Enterprise: means any one (1) of or combination of two (2) or more public works projects, undertakings or projects which the local government is or may hereafter be authorized to construct and from which the local government has heretofore derived or may hereafter derive revenues, and such enterprise includes all improvements, betterments, extensions and replacements thereto, and all appurtenances, facilities, lands, rights in land, water rights, franchises and structures in connection therewith or incidental thereto. See Tennessee Code 9-21-105
          • Escape: means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose of limited period, but does not include a violation of conditions of probation or parole. See Tennessee Code 39-11-602
          • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
          • Federal agency: includes the United States, the president of the United States, or any agency, instrumentality or corporation of the United States, which has heretofore been or may hereafter be designated, created or authorized by or pursuant to any act or acts or joint resolutions of the congress of the United States, to make loans or grants, or which may be owned or controlled, directly or indirectly, by the United States. See Tennessee Code 9-21-105
          • Force: means compulsion by the use of physical power or violence and shall be broadly construed to accomplish the purposes of this title. See Tennessee Code 39-11-106
          • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
          • Fraud: means as used in normal parlance and includes, but is not limited to, deceit, trickery, misrepresentation and subterfuge, and shall be broadly construed to accomplish the purposes of this title. See Tennessee Code 39-11-106
          • General supervision: means that the polysomnographic procedure is provided under a physician's overall direction and control, but the physician's presence is not required during the performance of the procedure. See Tennessee Code 63-31-101
          • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
          • Governing body: means the chief legislative body of a municipality, as defined in this section. See Tennessee Code 64-1-1202
          • Governing body: means the legislative body of any local government of this state or any other authority charged with the governing of the affairs of any local government in this state. See Tennessee Code 9-21-105
          • Government: means the state or any political subdivision of the state, and includes any branch or agency of the state, a county, municipality or other political subdivision. See Tennessee Code 39-11-106
          • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
          • Harm: means anything reasonably regarded as loss, disadvantage or injury, including harm to another person in whose welfare the person affected is interested. See Tennessee Code 39-11-106
          • 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.
          • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
          • Insane: includes all persons of unsound mind. See Tennessee Code 1-3-105
          • Intentional: means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result. See Tennessee Code 39-11-106
          • Interest holder: means a secured party within the meaning of §. See Tennessee Code 39-11-702
          • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
          • Jail: includes workhouse and "workhouse" includes jail, whenever the context so requires or will permit. See Tennessee Code 39-11-106
          • Knowing: means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. See Tennessee Code 39-11-106
          • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
          • Law: means any act or statute, general, special or local, of this state, including, but not limited to, any local government charter. See Tennessee Code 9-21-105
          • Law enforcement officer: means an officer, employee or agent of government who has a duty imposed by law to:

            • (A) Maintain public order. See Tennessee Code 39-11-106

            • 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
            • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
            • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
            • Local government: means any county, municipality or metropolitan government in this state. See Tennessee Code 9-21-105
            • Local government instrumentality: means any authority created by law on behalf of a county, metropolitan government, municipality or any combination thereof. See Tennessee Code 9-21-105
            • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
            • Minor: means any person under eighteen (18) years of age. See Tennessee Code 39-11-106
            • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
            • Municipality: means any county, incorporated city or town, utility district or other municipal, or governmental body or subdivision in this state, thereof now or hereafter authorized by law to be created. See Tennessee Code 64-1-1202
            • Municipality: means any incorporated city or any incorporated town of this state. See Tennessee Code 9-21-105
            • 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.
            • Notes: means notes or interim certificates of the authority issued pursuant to this part, including joint obligations of the authority and the county and/or districts. See Tennessee Code 64-1-1202
            • Notes: means notes or interim certificates issued pending preparation or delivery of definitive notes of a local government issued pursuant to this chapter. See Tennessee Code 9-21-105
            • Obligations: means bonds, notes and any other evidence of indebtedness lawfully issued or assumed by a local government. See Tennessee Code 9-21-105
            • Obtain: includes , but is not limited to, the taking, carrying away or the sale, conveyance or transfer of title to or interest in or possession of property, and includes, but is not limited to, conduct known as larceny, larceny by trick, larceny by conversion, embezzlement, extortion or obtaining property by false pretenses. See Tennessee Code 39-11-106
            • Owner: means a person, other than the defendant, who has possession of or any interest other than a mortgage, deed of trust or security interest in property, even though that possession or interest is unlawful and without whose consent the defendant has no authority to exert control over the property. See Tennessee Code 39-11-106
            • Owner: means a person, other than an interest holder, who has an interest in property. See Tennessee Code 39-11-702
            • 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
            • Person: means any individual, firm, partnership, association, corporation or any combination thereof. See Tennessee Code 64-1-1202
            • 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:
            • Polysomnographic student: means a person who is enrolled in an educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP), as provided in §. See Tennessee Code 63-31-101
            • Polysomnographic technician: means a person who has graduated from an accredited educational program described in §. See Tennessee Code 63-31-101
            • Polysomnographic technologist: means a person who is credentialed by the board of registered polysomnographic technologists and is licensed by the board to engage in the practice of polysomnography under the general supervision of a licensed physician. See Tennessee Code 63-31-101
            • Polysomnographic trainee: means a person who is enrolled in an accredited sleep technologist education program (A-STEP) that is accredited by the American Academy of Sleep Medicine and who may provide sleep-related services under the direct supervision of a polysomnographic technologist as a part of the person's educational program. See Tennessee Code 63-31-101
            • Practice of polysomnography: means the staging and scoring of sleep by continuous and simultaneous monitoring of the stages of sleep and wake through use of an electroencephalogram (EEG), an electroculogram (EOG) and a submental electromyogram (EMG), in conjunction with the recording and monitoring of other physiological variables, and the assignment of values for duration, frequency and type of event to each stage of sleep in which the event occurred. See Tennessee Code 63-31-101
            • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
            • Probable cause: A reasonable ground for belief that the offender violated a specific law.
            • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
            • Property: means anything of value, including, but not limited to, money, real estate, tangible or intangible personal property, including anything severed from land, library material, contract rights, choses-in-action, interests in or claims to wealth, credit, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power. See Tennessee Code 39-11-106
            • Property: means anything of value, and includes any interest in property, including any benefit, privilege, claim or right with respect to anything of value, whether real or personal, tangible or intangible. See Tennessee Code 39-11-702
            • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
            • Public place: means a place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence. See Tennessee Code 39-11-106
            • Public servant: means :

              • (A) Any public officer or employee of the state or of any political subdivision of the state or of any governmental instrumentality within the state including, but not limited to, law enforcement officers. See Tennessee Code 39-11-106

              • Public works project: includes any one (1) or any combination of the following: abattoirs, acquisitions of land for the purpose of providing or preserving open land, airports, alleys, ambulances, auditoriums, bridges, city and town halls, local government stables or garages, community houses, corrective, detention and penal facilities, including, but not limited to, jails, workhouses and reformatories, courthouses, culverts, curbs, dispensaries, drainage systems, including storm water sewers and drains, electric plants and systems, expositions, facilities for the handicapped, including physically and mentally handicapped, facilities for the indigent, fairgrounds and fairground facilities, fire department equipment and buildings, fire alarm systems, flood control, garbage collection and disposal systems, gas and natural gas systems and storage facilities, heat plants and systems, harbor and riverfront improvements, health centers and clinics, including medical and mental health centers and clinics, highways, major roads, highway and street equipment, hospitals, hotels and supporting or incidental facilities built by local governments which are built adjacent to and as a supporting facility of civic or convention centers located in municipalities which have created a central business improvement district under the Central Business Improvement District Act of 1971, compiled in title 7, chapter 84, improvements made pursuant to a plan of improvement for a central business improvement district created pursuant to the Central Business Improvement District Act of 1971, law enforcement and emergency services equipment, levees, libraries, markets, memorials, museums, nursing homes, parks, parking facilities, parkways, playgrounds, plazas, port facilities, docks and dock facilities, including any terminal storage and transportation facilities incident thereto, public art, public buildings, preserves, railroads, including the extension of railroads, and railway beltlines and switches, reclamation of land, recreation centers and facilities, reservoirs, rights-of-way, river and navigation improvements, roads, sanitariums, schools, transportation equipment for schools, sewers, sewage and waste water systems, including, but not limited to, collection, drainage, treatment and disposal systems, ship canals, sidewalks, stadiums, streets, swimming pools, thermal transfer generating plants and/or distribution systems, tunnels, viaducts, voting machines, water treatment distribution and storage systems, wharves and zoos. See Tennessee Code 9-21-105
              • real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
              • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
              • reflexologist: means any person who engages in the practice of reflexology for compensation and who has completed a study of the principles of reflexology, anatomy and physiology generally included in a regular course of study of reflexology. See Tennessee Code 63-30-102
              • Reflexology: means the application of specific pressures to reflex points in the hands and feet only. See Tennessee Code 63-30-102
              • Refunding bonds: means refunding bonds issued pursuant to this part, including joint obligations of the authority and the county issued pursuant to this part and title 9, chapter 21, parts 1 and 9, to refund bonds of the authority or bonds issued to refund bonds or notes of the county, the districts or a municipality issued by such county, district or municipality, the proceeds of which were used to construct, acquire, extend, improve or equip all or a portion of a system acquired by the authority or to refund bonds, the proceeds of which were used for such purposes. See Tennessee Code 64-1-1202
              • Registration: means satisfying the requirements for registration by the department of health. See Tennessee Code 63-30-102
              • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
              • Revenues: means all fees, rents, tolls, rates, rentals, interest earnings, or other charges received or receivable by the local government from any public works project or enterprise then existing or thereafter to be constructed, including any revenues derived or to be derived by a local government from a lease, agreement or contract with any other local government, local government instrumentality, the state, or a state or federal agency for the use of or in connection with a public works project or enterprise, or all other charges to be levied and collected in connection with and all other income and receipts of whatever kind or character derived by the local government from the operation of any public works project or enterprise or arising from any public works project or enterprise. See Tennessee Code 9-21-105
              • Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
              • Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
              • Serious bodily injury: means bodily injury that involves:

                • (A) A substantial risk of death. See Tennessee Code 39-11-106

                • Service of process: The service of writs or summonses to the appropriate party.
                • Services: includes labor, skill, professional service, transportation, telephone, mail, gas, electricity, steam, water, cable television, entertainment subscription service or other public services, accommodations in hotels, restaurants or elsewhere, admissions to exhibitions, use of vehicles or other movable property, and any other activity or product considered in the ordinary course of business to be a service, regardless of whether it is listed in this subdivision (a)(37) or a specific statute exists covering the same or similar conduct. See Tennessee Code 39-11-106
                • Sleep-related services: means acts performed by polysomnographic technicians, polysomnographic trainees, polysomnographic students, and other persons permitted to perform those services under this chapter, in a setting described in subdivision (9)(C) that would be considered the practice of polysomnography if performed by a polysomnographic technologist. See Tennessee Code 63-31-101
                • State: means the state of Tennessee. See Tennessee Code 64-1-1202
                • State: means the state of Tennessee. See Tennessee Code 9-21-105
                • Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
                • System: means a water and wastewater system, which shall include, but not be limited to:

                  • (A) All devices and systems used in the storage, treatment, recycling and reclamation of sewage of residential, commercial and industrial wastes of a liquid nature to restore and maintain the chemical, physical and biological integrity of the state's waters. See Tennessee Code 64-1-1202

                  • Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
                  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
                  • Trustee: A person or institution holding and administering property in trust.
                  • Venue: The geographical location in which a case is tried.
                  • Verdict: The decision of a petit jury or a judge.
                  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.