Part 1 Bribery 39-16-101 – 39-16-108
Part 2 Contraband in Penal Institutions 39-16-201
Part 3 False Personation 39-16-301 – 39-16-304
Part 4 Misconduct Involving Public Officials and Employees 39-16-401 – 39-16-410
Part 5 Interference With Government Operations 39-16-501 – 39-16-516
Part 6 Obstruction of Justice 39-16-601 – 39-16-610
Part 7 Perjury 39-16-701 – 39-16-707

Terms Used In Tennessee Code > Title 39 > Chapter 16

  • Act: means a bodily movement, whether voluntary or involuntary, and includes speech. See Tennessee Code 39-16-401
  • 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.
  • Affiliate: means :

    • (A) A person who directly or indirectly owns, controls, or holds with power to vote, twenty percent (20%) or more of the outstanding voting securities of the debtor, other than a person who holds the securities:

      • (i) As a fiduciary or agent without sole discretionary power to vote the securities. See Tennessee Code 66-3-302

      • 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.
        • 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.
        • Arrest: Taking physical custody of a person by lawful authority.
        • Asset: means property of a debtor, but the term does not include:

          • (A) Property to the extent it is encumbered by a valid lien. See Tennessee Code 66-3-302

          • 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.
          • 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.
          • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
          • 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 underground utility damage enforcement board, created by §. See Tennessee Code 65-31-102
          • 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 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
          • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
          • Claim: means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured. See Tennessee Code 66-3-302
          • 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

            • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
            • Complaining witness: means a person who signs a criminal complaint. See Tennessee Code 39-16-601
            • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
            • Continuance: Putting off of a hearing ot trial until a later time.
            • Contract: A legal written agreement that becomes binding when signed.
            • 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.
            • Creditor: means a person who has a claim. See Tennessee Code 66-3-302
            • Current geographic territory: means the parcels of land, as such parcels are defined or designated by the assessor of property of the county in which the parcels are located, to which a public electric system was providing electric service on February 16, 1989. See Tennessee Code 65-34-102
            • 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
            • Damage: includes the substantial weakening of structural or lateral support of an underground utility, penetration or destruction of any protective coating, housing or other protective device of an underground utility, the partial or complete severance of an underground utility and rendering any underground utility inaccessible. See Tennessee Code 65-31-102
            • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
            • Deadly weapon: means :

              • (A) A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury. See Tennessee Code 39-11-106

              • Debt: means liability on a claim. See Tennessee Code 66-3-302
              • Debtor: means a person who is liable on a claim. See Tennessee Code 66-3-302
              • Decedent: A deceased person.
              • Deed: The legal instrument used to transfer title in real property from one person to another.
              • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
              • 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
              • Design locate request: means a communication to the one-call service in which a request for locating existing utility facilities for predesign or advance planning purposes is made. See Tennessee Code 65-31-102
              • Devise: To gift property by will.
              • Donee: The recipient of a gift.
              • Electric and community service cooperative: has the meaning set forth in §. See Tennessee Code 65-34-102
              • Electric cooperative: means an electric cooperative or electric membership corporation, whether organized or operating under chapter 25 of this title or similar statutes of any other state, which, as of June 19, 1997, distributes electric power purchased from the Tennessee Valley authority. See Tennessee Code 65-36-102
              • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
              • Escape: means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period, but does not include a violation of conditions of probation or parole. See Tennessee Code 39-16-601
              • Excavator: means any person who engages in activities described in subdivisions (A) and (B) in the definition of "excavate" contained in this section. See Tennessee Code 65-31-102
              • 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
              • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
              • Felony: A crime carrying a penalty of more than a year in prison.
              • Fiduciary: A trustee, executor, or administrator.
              • Financial newspaper: means a financial newspaper, financial journal or other financial publication. See Tennessee Code 9-21-105
              • 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.
              • 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: Intentional deception resulting in injury to another.
              • 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 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
              • Governmental record: means anything:

                • (A) Belonging to, received or kept by the government for information. See Tennessee Code 39-11-106

                • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
                • Grantor: The person who establishes a trust and places property into it.
                • 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.
                • Handgun: means any firearm with a barrel length of less than twelve inches (12") that is designed, made or adapted to be fired with one (1) hand. See Tennessee Code 39-11-106
                • 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
                • 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
                • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
                • 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.
                • Insider: includes :

                  • (A) If the debtor is an individual:

                    • (i) A relative of the debtor or of a general partner of the debtor. See Tennessee Code 66-3-302

                    • Inter vivos: Transfer of property from one living person to another living person.
                    • 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
                    • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
                    • 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.
                    • Juror: means any person who is a member of any jury, including a grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury. See Tennessee Code 39-16-101
                    • Juror: A person who is on the jury.
                    • 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 the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, or a rule authorized by and lawfully adopted under a statute. See Tennessee Code 39-16-401
                    • 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
                      • Lien: means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien. See Tennessee Code 66-3-302
                      • Lien: A claim against real or personal property in satisfaction of a debt.
                      • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
                      • Local government: means any county, municipality or metropolitan government in this state. See Tennessee Code 9-21-105
                      • Location: means the proposed area for which digging or excavating is scheduled within three (3) to ten (10) working days, such area not to exceed two thousand feet (2,000?) in length unless an excavator and an operator or an operator's designated representative, such as a one-call service, agree to a larger area. See Tennessee Code 65-31-102
                      • Material: means the statement, irrespective of its admissibility under the rules of evidence, could have affected the course or outcome of the official proceeding. See Tennessee Code 39-16-701
                      • Month: means a calendar month. See Tennessee Code 1-3-105
                      • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
                      • Municipal electric system: means any electric system owned by any county, municipality, power district, or other subdivision of Tennessee. See Tennessee Code 65-34-102
                      • municipal electric utility: means any governmental entity as defined in §. See Tennessee Code 65-36-102
                      • Non-consumer owned electric system: means any public electric system other than electric and community service cooperatives and municipal electric systems. See Tennessee Code 65-34-102
                      • 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
                      • Oath: includes affirmation. See Tennessee Code 1-3-105
                      • Oath: means a solemn and formal undertaking to tell the truth and includes an equivalent affirmation permitted by law as a substitute for an oath administered by a person authorized by law to take statements under oath. See Tennessee Code 39-16-701
                      • 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.
                      • 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
                      • Official proceeding: means any type of administrative, executive, judicial, or legislative proceeding that is conducted before a public servant authorized by law to take statements under oath in that proceeding. See Tennessee Code 39-16-701
                      • 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
                      • One-Call Service: means a telephone notification service described in §. See Tennessee Code 65-31-102
                      • Operator: means any person who owns or operates a utility. See Tennessee Code 65-31-102
                      • Owner: means the owner of any property, any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of any structure which is capable of receiving service by a utility. See Tennessee Code 65-35-101
                      • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
                      • Pecuniary benefit: means benefit in the form of money, property, commercial interests or anything else, the primary significance of which is economic gain. See Tennessee Code 39-16-101
                      • 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: means an individual, partnership, corporation, association, organization, government or governmental subdivision or agency, business trust, estate, trust, or any other legal or commercial entity. See Tennessee Code 66-3-302
                        • 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. See Tennessee Code 65-31-102
                        • Person: means an individual, corporation, firm, company, partnership, association or organization of any kind, public or private. See Tennessee Code 65-35-101
                        • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
                        • Personal 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
                        • Plaintiff: The person who files the complaint in a civil lawsuit.
                        • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
                        • 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 that may be the subject of ownership. See Tennessee Code 66-3-302
                        • 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
                        • Proposed area of excavation: means a general surface location which excavators are to furnish to operators of underground utilities or to a one-call service as defined in §. See Tennessee Code 65-31-102
                        • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
                        • Public electric system: includes electric and community service cooperatives, municipal electric systems, and every individual, co-partnership, association, corporation or joint stock company, their lessees, trustees or receivers, appointed by any court whatsoever, that own, operate, manage, or control any electric power system, plant, or equipment within Tennessee affected by and dedicated to public use. See Tennessee Code 65-34-102
                        • Public servant: means a person elected, selected, appointed, employed, or otherwise designated as one (1) of the following even if the public servant has not yet qualified for office or assumed the duties:

                          • (A) An officer, employee, or agent of government. See Tennessee Code 39-16-401

                          • 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

                            • 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
                            • 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
                            • Relative: means an individual related by consanguinity within the third degree as determined by the common law, a spouse, or an individual related to a spouse within the third degree as so determined, and includes an individual in an adoptive relationship within the third degree. See Tennessee Code 66-3-302
                            • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
                            • 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
                            • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
                            • 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
                            • Serious bodily injury: means bodily injury that involves:

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

                              • 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
                              • 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
                              • State: means the state of Tennessee. See Tennessee Code 9-21-105
                              • Statement: means any representation of fact. See Tennessee Code 39-16-501
                              • Statement: means any representation of fact. See Tennessee Code 39-16-701
                              • Statute: A law passed by a legislature.
                              • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
                              • Summons: Another word for subpoena used by the criminal justice system.
                              • 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.
                              • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
                              • Tenant or occupant: means any person who occupies the whole or a part of any building, whether alone or with others, and includes the owner. See Tennessee Code 65-35-101
                              • Testify: Answer questions in court.
                              • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
                              • Transfer: means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance. See Tennessee Code 66-3-302
                              • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
                              • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
                              • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
                              • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
                              • utility: means any utility which furnishes electricity, gas or water, or converts solid waste into heat, fuel or energy. See Tennessee Code 65-32-103
                              • Utility: means any person, municipality, county, cooperative, board, commission, district or any entity created or authorized by public act, private act or general law to provide electricity, natural gas, water, sanitary sewer service, telephone service, or any combination thereof, for sale to consumers in any particular service area, whether or not regulated by the Tennessee public utility commission. See Tennessee Code 65-35-101
                              • Utility customer: means :

                                • (A) The person or persons listed on the records of the utility as the customer liable for charges or payment for the utility service. See Tennessee Code 65-35-101

                                • Valid lien: means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings. See Tennessee Code 66-3-302
                                • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
                                • 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