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 - Offenses Against Administration of Government

  • 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.
  • Agriculture: means :
    1. The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
    2. 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.
    3. Antepartal: means occurring during pregnancy. See Tennessee Code 63-29-102
    4. Arrest: Taking physical custody of a person by lawful authority.
    5. assistant: means any person certified as such pursuant to this chapter, who has:

      Received on-the-job training equivalent to at least one thousand (1,000) hours of clinical training in respiratory care, during an eighteen (18) consecutive month period. See Tennessee Code 63-27-102

    6. 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.
    7. 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
    8. Board: means the board of respiratory care. See Tennessee Code 63-27-102
    9. Board: means the board of medical examiners, created by chapter 6 of this title. See Tennessee Code 63-28-102
    10. Board: means the board of osteopathic examiners of the department of health to which the council of certified professional midwifery reports. See Tennessee Code 63-29-102
    11. 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
    12. Certified respiratory therapist: means any person who has obtained the credential "certified respiratory therapist" (CRT) or the credential "certified respiratory therapy technician" (CRTT) from the National Board for Respiratory Care. See Tennessee Code 63-27-102
    13. 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
    14. Coercion: means a threat, however communicated, to:
      1. Commit any offense. See Tennessee Code 39-11-106
      2. Commission: means the state forestry commission. See Tennessee Code 11-4-103
      3. Commissioner: means the commissioner of health and includes designees of the commissioner of health. See Tennessee Code 63-26-102
      4. Commissioner: means the commissioner of agriculture. See Tennessee Code 11-4-103
      5. Committee: means the committee for clinical perfusion. See Tennessee Code 63-28-102
      6. Complaining witness: means a person who signs a criminal complaint. See Tennessee Code 39-16-601
      7. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
      8. Contract: A legal written agreement that becomes binding when signed.
      9. Conviction: A judgement of guilt against a criminal defendant.
      10. 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.
      11. Council: means the council of certified professional midwifery. See Tennessee Code 63-29-102
      12. CPM-TN: means certified professional midwife in Tennessee. See Tennessee Code 63-29-102
      13. 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
      14. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
      15. Deadly weapon: means :
        1. 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
        2. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
        3. 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
        4. Department: means the department of health. See Tennessee Code 63-29-102
        5. Department: means the department of agriculture. See Tennessee Code 11-4-103
        6. Division: means the division of health related boards as defined by §. See Tennessee Code 63-27-102
        7. Division: means the division of health related boards. See Tennessee Code 63-28-102
        8. Division: means the division of forestry within the department. See Tennessee Code 11-4-103
        9. Electrologist: means any person practicing electrolysis for the permanent removal of hair. See Tennessee Code 63-26-102
        10. Electrology: means the art and practice relating to the removal of hair from the normal skin of the human body by application of an electric current to the hair papilla by means of a needle or needles so as to cause growth inactivity of the hair papilla and thus permanently remove the hair. See Tennessee Code 63-26-102
        11. Electrology instructor: means an electrologist who is licensed by the commissioner to practice and teach electrology. See Tennessee Code 63-26-102
        12. Electrolysis: means the process by which the hair is removed from the normal skin by the application of an electric current to the hair root by means of a needle or needles, whether the process employs direct electric current or short wave alternating electric current or combination of both, or by FDA approved laser beam process designated for permanent hair removal. See Tennessee Code 63-26-102
        13. 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
        14. 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.
        15. Extracorporeal circulation: means the diversion of a patient's blood through a heart-lung machine or a similar device that assumes the functions of the patient's heart, lungs, kidneys, liver or other organs. See Tennessee Code 63-28-102
        16. Felony: A crime carrying a penalty of more than a year in prison.
        17. 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
        18. Forestry: means the professional application of scientific principles in the management and use of forest land. See Tennessee Code 11-4-103
        19. Forests: means those lands currently occupied by trees of any size and species which may or may not have commercial value but are capable of providing multiple use benefits. See Tennessee Code 11-4-103
        20. Fraud: Intentional deception resulting in injury to another.
        21. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
        22. 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
        23. Governmental record: means anything:
          1. Belonging to, received or kept by the government for information. See Tennessee Code 39-11-106
          2. Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
          3. 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
          4. 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
          5. 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
          6. 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
          7. 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.
          8. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
          9. Intrapartal: means occurring during the process of giving birth. See Tennessee Code 63-29-102
          10. 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.
          11. 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
          12. Juror: A person who is on the jury.
          13. 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
          14. Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
          15. 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
          16. Law enforcement officer: means an officer, employee or agent of government who has a duty imposed by law to:
            1. Maintain public order. See Tennessee Code 39-11-106
            2. 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
            3. Licensed clinical perfusionist: means a person licensed pursuant to this chapter. See Tennessee Code 63-28-102
            4. Lien: A claim against real or personal property in satisfaction of a debt.
            5. 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
            6. Midwife: means a person who is trained to give the necessary care and advice to women during pregnancy, labor, and the post-birth period, to conduct normal deliveries on the midwive's own responsibility and to care for the newly born infant. See Tennessee Code 63-29-102
            7. Midwifery: means the practice of attending low-risk women during pregnancy, labor and the post-birth period with the informed consent of the mother. See Tennessee Code 63-29-102
            8. Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
            9. Month: means a calendar month. See Tennessee Code 1-3-105
            10. Multiple use: includes , but is not limited to, a combination of timber production, demonstration, watershed protection, wildlife management, recreation, and aesthetics. See Tennessee Code 11-4-103
            11. NARM: means the North American Registry of Midwives. See Tennessee Code 63-29-102
            12. 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
            13. Oath: A promise to tell the truth.
            14. 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
            15. 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
            16. 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
            17. 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
            18. Penal institution: includes any institution or facility used to house or detain a person:
              1. Convicted of a crime. See Tennessee Code 39-16-601
              2. Perfusion: means the functions necessary for the support, treatment, measurement or supplementation of the cardiovascular, circulatory or respiratory systems, or other organs, or a combination of such activities, and to ensure the safe management of physiologic functions by monitoring and analyzing the parameters of the systems under an order and under the supervision of a licensed physician, including:
                1. The use of extracorporeal circulation, long-term cardiopulmonary support techniques including extracorporeal carbon dioxide removal and extracorporeal membrane oxygenation and associated therapeutic and diagnostic technologies. See Tennessee Code 63-28-102
                2. Perfusion protocols: means perfusion-related policies and protocols developed or approved by a licensed health care facility or a physician through collaboration with administrators, licensed clinical perfusionists and other health care professionals. See Tennessee Code 63-28-102
                3. 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
                4. Physician: means a person who is duly licensed in the state of Tennessee to practice medicine by the state board of medical examiners or to practice osteopathy by the board. See Tennessee Code 63-29-102
                5. Postpartal: means occurring subsequent to birth. See Tennessee Code 63-29-102
                6. Practice of respiratory care: includes , under the supervision, control and responsibility of a licensed physician:
            1. The administration of pharmacologic agents and medical gasses necessary to diagnose, implement treatment, promote disease prevention, and provide rehabilitation to the cardiorespiratory system. See Tennessee Code 63-27-102
            2. Probable cause: A reasonable ground for belief that the offender violated a specific law.
            3. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
            4. 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
            5. Protection: means the application of such technology and services as may be necessary to minimize mortality and loss of growth occurring in forests as a result of wild fire, insects, disease, and other causal agents. See Tennessee Code 11-4-103
            6. Provisional licensed clinical perfusionist: means a person provisionally licensed pursuant to this chapter. See Tennessee Code 63-28-102
            7. Public servant: means :
              1. 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
              2. 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:
                1. An officer, employee, or agent of government. See Tennessee Code 39-16-401
                2. Quorum: The number of legislators that must be present to do business.
                3. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
                4. 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
                5. 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
                6. Reforestation: means the artificial or natural regeneration of trees on bare land, eroded sites, or previously forested areas. See Tennessee Code 11-4-103
                7. Registered respiratory therapist: means any person who has obtained the credential "registered respiratory therapist" (RRT) from the National Board for Respiratory Care. See Tennessee Code 63-27-102
                8. 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.
                9. 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).
                10. 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
                11. Respiratory care practitioner: means a registered respiratory therapist, a certified respiratory therapist, or a respiratory assistant licensed under this chapter. See Tennessee Code 63-27-102
                12. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
                13. 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
                14. School: means an electrology school teaching the art of electrology. See Tennessee Code 63-26-102
                15. Serious bodily injury: means bodily injury that involves:
                  1. A substantial risk of death. See Tennessee Code 39-11-106
                  2. 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
                  3. 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
                  4. 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
                  5. State forester: means the director of the division of forestry. See Tennessee Code 11-4-103
                  6. State forests: means those lands owned by the state and administered under the jurisdiction of the division, for the purpose of multiple use. See Tennessee Code 11-4-103
                  7. Statement: means any representation of fact. See Tennessee Code 39-16-501
                  8. Statement: means any representation of fact. See Tennessee Code 39-16-701
                  9. Statute: A law passed by a legislature.
                  10. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
                  11. Summons: Another word for subpoena used by the criminal justice system.
                  12. Testify: Answer questions in court.
                  13. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
                  14. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
                  15. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
                  16. Writ: A formal written command, issued from the court, requiring the performance of a specific act.
                  17. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
                  18. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105