Tennessee Code > Title 39 > Chapter 17 – Offenses Against Public Health, Safety and Welfare


Part 1	Miscellaneous	39-17-101 – 39-17-117
Part 3	Disorderly Conduct and Riots	39-17-301 – 39-17-318
Part 4	Drugs	39-17-401 – 39-17-455
Part 5	Gambling	39-17-501 – 39-17-509
Part 6	Lottery Sales	39-17-601 – 39-17-659
Part 7	Intoxicating Liquors	39-17-701 – 39-17-715
Part 9	Obscenity	39-17-901 – 39-17-920
Part 10	Sexual Exploitation of Children	39-17-1001 – 39-17-1008
Part 11	Public Events	39-17-1101 – 39-17-1104
Part 13	Weapons	39-17-1301 – 39-17-1366
Part 14	Metals Recycling	39-17-1401 – 39-17-1404
Part 15	Prevention of Youth Access to Tobacco, Smoking Hemp, and Vapor Products Act	39-17-1501 – 39-17-1513
Part 16	Children’s Act for Clean Indoor Air	39-17-1601 – 39-17-1606
Part 17	Child Curfew	39-17-1701 – 39-17-1704
Part 18	Non-Smoker Protection Act	39-17-1801 – 39-17-1812

Terms Used In Tennessee Code > Title 39 > Chapter 17 - Offenses Against Public Health, Safety and Welfare

Acceptable form of identification: means :
1. A state-issued driver license. See Tennessee Code 39-17-1802
2. Administer: means the direct application of a controlled substance, whether by injection, inhalation, ingestion, or any other means, to the body of a patient or research subject by:
  1. A practitioner or by the practitioner's authorized agent in the practitioner's presence. See Tennessee Code 39-17-402
  2. 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.
  3. 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.
  4. Agent: means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor, or dispenser. See Tennessee Code 39-17-402
  5. Agribusiness: means a business dealing with agricultural products or engaged in providing products or services to farmers. See Tennessee Code 64-10-202
  6. 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. Amortization: Paying off a loan by regular installments.
    4. Annual event: means an event:
      1. Authorized by a two-thirds (2/3) vote of all members elected to each house of the general assembly. See Tennessee Code 39-17-601
      2. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
      3. Antique firearm: means :
        
        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
        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.
        Appraisal: A determination of property value.
        Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
        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.
        Authority: means a regional megasite authority created pursuant to this chapter. See Tennessee Code 64-6-102
        Authority: means a regional transportation authority created pursuant to this part or reconstituted pursuant to §. See Tennessee Code 64-8-202
        Authority: means the Cumberland regional business and agribusiness marketing authority. See Tennessee Code 64-10-202
        authorized: means six (6) months after granting of the construction permit by the federal communications commission to the second entity or when the second entity begins offering service in the same cellular geographical area, whichever should first occur. See Tennessee Code 65-4-101
        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.
        Bailiff: a court officer who enforces the rules of behavior in courtrooms.
        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
        bidis: means a product containing tobacco that is wrapped in temburni leaf (dispyros melanoxylon ) or tendu leaf (diospyros exculpra ), or any other product that is offered to, or purchased by, consumers as beedies or bidis. See Tennessee Code 39-17-1503
        Board: means the board of medical examiners. See Tennessee Code 63-31-101
        Board: means the board of directors of an authority. See Tennessee Code 64-8-202
        Board: means the board of directors of the Cumberland regional business and agribusiness marketing authority. See Tennessee Code 64-10-202
        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
        broadband services: means any service that consists of or includes a high-speed access capability to transmit at a rate that is not less than two hundred kilobits per second (200 Kbps), either in the upstream or downstream direction and either:
        
        Is used to provide access to the Internet. See Tennessee Code 65-5-202
        Bureau: means the United States drug enforcement administration, United States department of justice, or its successor agency, except when used as the Tennessee bureau of investigation. See Tennessee Code 39-17-402
        Business: means any start-up or existing business. See Tennessee Code 64-10-202
        Caller identification service: means telephone service which notifies telephone subscribers of the telephone number of incoming telephone calls. See Tennessee Code 65-4-401
        Center: means the regional food distribution center established by the authority. See Tennessee Code 64-10-202
        Chambers: A judge's office.
        Children: means individuals who have not attained eighteen (18) years of age. See Tennessee Code 39-17-1603
        Club: means any instrument that is specially designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument. See Tennessee Code 39-17-1301
        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:
        
        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
        Commission: means the Tennessee public utility commission. See Tennessee Code 65-2-101
        Commission: means the state forestry commission. See Tennessee Code 11-4-103
        Commission: means the Tennessee public utility commission. See Tennessee Code 65-4-401
        Commission: means the Tennessee public utility commission. See Tennessee Code 65-4-501
        Commissioner: means the commissioner of agriculture. See Tennessee Code 11-4-103
        Commissioner: means the commissioner of agriculture or the commissioner's duly authorized representative. See Tennessee Code 39-17-1503
        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
        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.
        Community: means the judicial district, as defined by §. See Tennessee Code 39-17-1002
        Community center: means any center operated by any city or county government that is used for children's activities. See Tennessee Code 39-17-1603
        Competing telecommunications service provider: means any individual or entity that offers or provides any two-way communications service, telephone service, telegraph service, paging service, or communications service similar to such services and is certificated as a provider of such services after June 6, 1995, unless otherwise exempted from this definition by state or federal law. See Tennessee Code 65-4-101
        Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
        Contested case: means all proceedings before the commission in which the legal rights, duties, or privileges of specific parties are determined after a hearing before the commission. See Tennessee Code 65-2-101
        Continuance: Putting off of a hearing ot trial until a later time.
        Contract: A legal written agreement that becomes binding when signed.
        Controlled substance: means a drug, substance, or immediate precursor in Schedules I through VII of §. See Tennessee Code 39-17-402
        Conviction: A judgement of guilt against a criminal defendant.
        cooperative: shall mean only those nonprofit cooperative entities organized under or otherwise subject to the Rural Electric and Community Services Cooperative Act, compiled in chapter 25, part 2 of this title, or the Telephone Cooperative Act, compiled in chapter 29 of this title. See Tennessee Code 65-4-101
        Corporation: means the Tennessee Education Lottery Corporation or its successor. See Tennessee Code 39-17-601
        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 executive: means and includes "county mayor" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
        County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
        Creating municipality: means any metropolitan form of government, city, town or county that creates an authority pursuant to this part. See Tennessee Code 64-8-202
        Crime of violence: includes any degree of murder, voluntary manslaughter, aggravated rape, rape, rape of a child, especially aggravated rape of a child, aggravated sexual battery, especially aggravated robbery, aggravated robbery, burglary, aggravated burglary, especially aggravated burglary, aggravated assault, kidnapping, aggravated kidnapping, especially aggravated kidnapping, carjacking, trafficking for commercial sex act, especially aggravated sexual exploitation, felony child abuse, and aggravated child abuse. See Tennessee Code 39-17-1301
        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
        Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
        Deadly weapon: means :
        
        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
        Deception: means that a person knowingly:
        
        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: 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
        delivery: means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. See Tennessee Code 39-17-402
        Department: means the department of agriculture. See Tennessee Code 11-4-103
        Department: means the department of agriculture. See Tennessee Code 64-10-202
        Department: means the department of agriculture. See Tennessee Code 39-17-1503
        Department: means the department of health. See Tennessee Code 63-30-102
        Dependent: A person dependent for support upon another.
        Deprive: means to:
        
        Withhold property from the owner permanently or for such a period of time as to substantially diminish the value or enjoyment of the property to the owner. See Tennessee Code 39-11-106
        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.
        Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
        Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Tennessee Code 39-17-402
        Dispenser: means a practitioner who dispenses. See Tennessee Code 39-17-402
        Distribute: means to deliver other than by administering or dispensing a controlled substance. See Tennessee Code 39-17-402
        Distributor: means a person who distributes. See Tennessee Code 39-17-402
        Division: means the division of forestry within the department. See Tennessee Code 11-4-103
        Division: means the division of health-related boards in the department of health. See Tennessee Code 63-30-102
        Docket: A log containing brief entries of court proceedings.
        Drug: means :
        
        Substances recognized as drugs in the United States Pharmacopoeia, official Homeopaths Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them. See Tennessee Code 39-17-402
        Drug paraphernalia: includes , but is not limited to:
        
        Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant that is a controlled substance. See Tennessee Code 39-17-402
        Emancipated minor: means any minor who is or has been married, or has by court order or otherwise been freed from the care, custody and control of the minor's parents. See Tennessee Code 39-11-106
        Employee: means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit and a person who volunteers that person's services for a nonprofit entity. See Tennessee Code 39-17-1802
        Employer: means a person, business, partnership, association, corporation, including a municipal corporation, educational institution, trust, or nonprofit entity that employs the services of one (1) or more individual persons. See Tennessee Code 39-17-1802
        Enclosed area: means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, that extend from the floor to the ceiling. See Tennessee Code 39-17-1802
        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}
        Escrow: Money given to a third party to be held for payment until certain conditions are met.
        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.
        Ex officio: Literally, by virtue of one's office.
        Executive officer: means the mayor, county mayor or other chief executive officer of any creating municipality. See Tennessee Code 64-8-202
        existing customer: includes a residential subscriber with whom the person or entity making a telephone solicitation has had a prior relationship within the prior twelve (12) months. See Tennessee Code 65-4-401
        Explosive weapon: means any explosive, incendiary or poisonous gas:
        
        Bomb. See Tennessee Code 39-17-1301
        facsimile: means :
        
        Every process in which electronic signals are transmitted by telephone lines for conversion into written text or other graphic images. See Tennessee Code 65-4-501
        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.
        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.
        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}
        Forestry: means the professional application of scientific principles in the management and use of forest land. See Tennessee Code 11-4-103
        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
        Fraud: Intentional deception resulting in injury to another.
        Gambling bet: means anything of value risked in gambling. See Tennessee Code 39-17-501
        Gambling device or record: means anything designed for use in gambling, intended for use in gambling, or used for gambling. See Tennessee Code 39-17-501
        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 legislative body of a county or the legislative body of an incorporated municipality. See Tennessee Code 64-6-102
        Governing body: means the chief legislative body of any creating municipality. See Tennessee Code 64-8-202
        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,
        Grantor: The person who establishes a trust and places property into it.
        Group care home: means a home operated by any person, society, agency, corporation, or institution or any group which receives seven (7) or more children for full-time care outside their own homes in facilities owned or rented and operated by the organization. See Tennessee Code 39-17-1603
        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
        Health care facility: includes all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities. See Tennessee Code 39-17-1802
        Hemp: means the plant Cannabis sativa L. See Tennessee Code 39-17-1503
        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
        Hoax device: means any device that reasonably appears to be or is purported to be an explosive or incendiary device and is intended to cause alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies. See Tennessee Code 39-17-1301
        Immediate methamphetamine precursor: means ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers, or any drug or other product that contains a detectable quantity of ephedrine, pseudoephedrine or phenylpropanolamine, or their salts, isomers or salts of isomers. See Tennessee Code 39-17-402
        Immediate precursor: means a substance that the commissioner of mental health and substance abuse services, upon the agreement of the commissioner of health, has found to be and by rule designates as being the principal compound commonly used or produced primarily for use, and that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit manufacture. See Tennessee Code 39-17-402
        Immediate vicinity: refers to the area within the person's immediate control within which the person has ready access to the ammunition. See Tennessee Code 39-17-1301
        Incumbent local exchange telephone company: means a public utility offering and providing basic local exchange telephone service as defined by §. See Tennessee Code 65-4-101
        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.
        Infrastructure: means the basic network of public utilities and access facilities that support and promote land development. See Tennessee Code 64-7-102
        Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
        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 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}
        Interexchange carriers: means companies, other than incumbent local exchange telephone companies, owning facilities in the state which consist of network elements and switches, or other communication transmission equipment used to carry voice, data, image, and video traffic across the local access and transport area (LATA) boundaries within Tennessee. See Tennessee Code 65-4-101
        Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
        Jail: includes workhouse and "workhouse" includes jail, whenever the context so requires or will permit. See Tennessee Code 39-11-106
        Joint resolution: A legislative measure which requires the approval of both chambers.
        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.
        Knife: means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument. See Tennessee Code 39-17-1301
        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
        Knuckles: means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles. See Tennessee Code 39-17-1301
        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 enforcement officer: means an officer, employee or agent of government who has a duty imposed by law to:
        
        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}
        Legal privilege: means a particular or peculiar benefit or advantage created by law. See Tennessee Code 39-11-106
        Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
        Lien: A claim against real or personal property in satisfaction of a debt.
        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
        Local exchange company: includes telecommunications service providers as defined in §. See Tennessee Code 65-4-401
        Local exchange company: includes telecommunications service providers as defined in §. See Tennessee Code 65-4-501
        Lottery: means the selling of anything of value for chances on a prize or stake. See Tennessee Code 39-17-501
        Machine gun: means any firearm that is capable of shooting more than two (2) shots automatically, without manual reloading, by a single function of the trigger. See Tennessee Code 39-17-1301
        Manufacture: means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that "manufacture" does not include the preparation or compounding of a controlled substance by an individual for the individual's own use or the preparation, compounding, packaging, or labeling of a controlled substance by:
        
        A practitioner as an incident to administering or dispensing a controlled substance in the course of professional practice. See Tennessee Code 39-17-402
        Marijuana: means all parts of the plant cannabis, whether growing or not. See Tennessee Code 39-17-402
        Material: means :
        
        Any picture, drawing, photograph, undeveloped film or film negative, motion picture film, videocassette tape or other pictorial representation. See Tennessee Code 39-17-1002
        Megasite: means a site certified as being suitable and available for development for significant economic and industrial investment as provided in §. See Tennessee Code 64-6-102
        Mental institution: means a mental health facility, mental hospital, sanitarium, psychiatric facility and any other facility that provides diagnoses by a licensed professional of an intellectual disability or mental illness, including, but not limited to, a psychiatric ward in a general hospital. See Tennessee Code 39-17-1301
        Metals recycling facility: means any business that is predominantly engaged in performing the process by which scrap, used or obsolete ferrous or nonferrous metals are converted into raw materials consisting of proper grades and having an existing or potential economic value. See Tennessee Code 39-17-1401
        Metropolitan government: means the political entity created by consolidation of all, or substantially all, of the political and corporate functions of a county and a city or town or cities or towns. See Tennessee Code 64-8-202
        Metropolitan planning organization: means the federally designated regional transportation planning agency established for urbanized areas of at least fifty thousand (50,000) people to develop a long-range regional transportation plan and short-range transportation improvement program. See Tennessee Code 64-8-202
        Minor: means any person who has not reached eighteen (18) years of age. See Tennessee Code 39-17-1002
        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
        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.
        Motor vehicle: means any vehicle which is self-propelled. See Tennessee Code 39-17-1401
        Narcotic drug: means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
        
        Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate. See Tennessee Code 39-17-402
        National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
        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.
        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
        Opiate: means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. See Tennessee Code 39-17-402
        Opium poppy: means the plant of the species papaver somniferum 1 , except its seeds. See Tennessee Code 39-17-402
        Oversight: Committee review of the activities of a Federal agency or program.
        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
        Parent: means a company owning more than fifty percent (50%) of the voting shares, or otherwise a controlling interest, of another company. See Tennessee Code 65-4-501
        Participates: includes :
        
        Joining a group of three (3) or more persons who riot. See Tennessee Code 39-17-301
        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.
        Patently offensive: means that which goes substantially beyond customary limits of candor in describing or representing such matters. See Tennessee Code 39-17-1002
        PCB-containing capacitor: means a capacitor that contains polychlorinated biphenyls and is regulated under the federal Toxic Substances Control Act (15 U. See Tennessee Code 39-17-1401
        Performance: means any play, motion picture, photograph, dance, or other visual representation that can be exhibited before an audience of one (1) or more persons. See Tennessee Code 39-17-1002
        Person: means an individual, corporation, governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal entity. See Tennessee Code 39-17-402
        Person: means a natural person, individual, partnership, corporation, trust, estate, incorporated or unincorporated association and any other legal or commercial entity however organized and wherever located that telemarkets to citizens located within the state of Tennessee. See Tennessee Code 65-4-401
        Person: means a natural person, individual, partnership, trust, estate, incorporated or unincorporated association, any corporation, parent, subsidiary or affiliate thereof, or any other legal or commercial entity however organized and wherever located. See Tennessee Code 65-4-501
        Person: means an individual, corporation, partnership, sole proprietorship or other business entity. See Tennessee Code 39-17-1401
        Person: means any individual, firm, fiduciary, partnership, corporation, trust, or association. See Tennessee Code 39-17-1503
        Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
        Person: means an individual, partnership, committee, association, corporation or any other organization or group of persons. See Tennessee Code 39-17-1802
        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
        Personal property: All property that is not real property.
        Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
        Pharmacist: means a licensed pharmacist as defined by the laws of this state, and where the context so requires, the owner of a store or other place of business where controlled substances are compounded or dispensed by a licensed pharmacist. See Tennessee Code 39-17-402
        Place of employment: means an enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. See Tennessee Code 39-17-1802
        Place of worship: means any enclosed area that is:
        
        Approved, or qualified to be approved, by the state board of equalization for property tax exemption pursuant to §. See Tennessee Code 39-17-1802
        Plaintiff: The person who files the complaint in a civil lawsuit.
        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
        pool: means a type of pari-mutuel betting:
        
        In which a participant:
        
        Pays money for participation in a pool. See Tennessee Code 39-17-501
        Poppy straw: means all parts, except the seeds, of the opium poppy after mowing. See Tennessee Code 39-17-402
        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
        Practitioner: means :
        
        A physician, dentist, optometrist, veterinarian, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state. See Tennessee Code 39-17-402
        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.
        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.
        Private club: means any club or organization that does not permit the general public access to its facilities or activities. See Tennessee Code 39-17-1802
        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.
        Production: includes the manufacturing, planting, cultivating, growing or harvesting of a controlled substance. See Tennessee Code 39-17-402
        Profit: means anything of value in addition to the gambling bet. See Tennessee Code 39-17-501
        Project: means all or any part of, or any interest in, any land and building, including an office building, any facility or other improvement on the land and all real and personal properties located either on a megasite or off a megasite deemed necessary in connection with the megasite, whether or not now in existence, that are suitable for any industrial or commercial enterprises or any combination of the land, buildings, facilities, improvements or real or personal properties located at the megasite. See Tennessee Code 64-6-102
        Promote: means to finance, produce, direct, manufacture, issue, publish, exhibit or advertise, or to offer or agree to do those things. See Tennessee Code 39-17-1002
        Proof of age: means a driver license or other generally accepted means of identification that describes the individual as eighteen (18) years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid. See Tennessee Code 39-17-601
        Proof of age: means a driver license or other generally accepted means of identification that describes the individual as twenty-one (21) years of age or older, contains a photograph or other likeness of the individual, and appears on its face to be valid. See Tennessee Code 39-17-1503
        Property: includes both personal and real property. See Tennessee Code 1-3-105
        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
        Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
        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
        Public agency: means the regional council, any political subdivision of this state, any agency of the state government or of the United States and any political subdivision of another state. See Tennessee Code 64-7-102
        Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
        Public place: means any public street, sidewalk or park, or any area open to the general public in any publicly owned or operated building. See Tennessee Code 39-17-1503
        Public place: means an enclosed area to which the public is invited, including, but not limited to, banks, educational facilities, health care facilities, hotel and motel lobbies, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, recreational facilities, retail service establishments, retail stores, shopping malls, sports arenas, theaters, places of employment and waiting rooms. See Tennessee Code 39-17-1802
        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 utility: includes a wind energy facility, as defined in §. See Tennessee Code 65-4-101
        Quorum: The number of legislators that must be present to do business.
        Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
        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
        Reckless: means that a person acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of, but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. See Tennessee Code 39-11-106
        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
        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
        Reforestation: means the artificial or natural regeneration of trees on bare land, eroded sites, or previously forested areas. See Tennessee Code 11-4-103
        Region: means the area consisting of the counties of Anderson, Campbell, Cumberland, Fentress, Loudon, Morgan, Roane, Scott and any other county in the eastern grand division that becomes a member of the authority in accordance with §. See Tennessee Code 64-10-202
        Regional council: means the greater Nashville regional council created by this chapter. See Tennessee Code 64-7-102
        Regional impact project: means :
        
        Any commercial, residential, industrial, recreational or public facility building or development, the construction or expansion of which is proposed to be located in more than one (1) local government jurisdiction and/or where the construction or expansion of the building or development is expected by the local government or by the regional council to have infrastructure impacts upon two (2) or more government jurisdictions. See Tennessee Code 64-7-102
        Registration: means satisfying the requirements for registration by the department of health. See Tennessee Code 63-30-102
        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.
        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
        Residential subscriber: means a person who has subscribed to residential telephone service from a local exchange company or the other persons living, residing or visiting with such person. See Tennessee Code 65-4-401
        Residential treatment facility: means a residential treatment facility licensed under title 33, chapter 2, part 4. See Tennessee Code 39-17-1603
        Restaurant: includes a bar area within the restaurant. See Tennessee Code 39-17-1802
        Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
        Restricted firearm ammunition: means any cartridge containing a bullet coated with a plastic substance with other than a lead or lead alloy core or a jacketed bullet with other than a lead or lead alloy core or a cartridge of which the bullet itself is wholly composed of a metal or metal alloy other than lead. See Tennessee Code 39-17-1301
        Rifle: means any firearm designed, made or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed metallic cartridge to fire a projectile through a rifled bore by a single function of the trigger. See Tennessee Code 39-17-1301
        Riot: means a disturbance in a public place or penal institution as defined in §. See Tennessee Code 39-17-301
        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
        Rule: means every regulation, or statement of policy, or interpretation of general application and future effect, including the amendment or repeal thereof, adopted by the commission, whether with or without a prior hearing, to implement or make specific the laws enforced or administered by it, or to govern its organization or procedures, but does not include regulations concerning only the internal management of the commission which do not directly affect the rights or procedures available to the public. See Tennessee Code 65-2-101
        Sampling: means the distribution of samples to members of the general public in a public place. See Tennessee Code 39-17-1503
        School grounds: means any building, structure, and surrounding outdoor grounds contained within a public or private preschool, nursery school, kindergarten, elementary or secondary school's legally defined property boundaries as registered in a county register's office, and any publicly owned or leased vehicle used to transport children to or from school or any officially sanctioned or organized school event. See Tennessee Code 39-17-1603
        Scrap vehicle: means any motor vehicle that has been crushed, flattened or dismantled or that has been otherwise damaged to the extent that it cannot be economically repaired. See Tennessee Code 39-17-1401
        Serious bodily injury: means bodily injury that involves:
        
        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
        Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
        Sexual activity: means any of the following acts:
        
        Vaginal, anal or oral intercourse, whether done with another person or an animal. See Tennessee Code 39-17-1002
        Shotgun: means any firearm designed, made or adapted to be fired from the shoulder and to use the energy of the explosive in a fixed shotgun shell to fire through a smooth-bore barrel either a number of ball shot or a single projectile by a single function of the trigger. See Tennessee Code 39-17-1301
        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
        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
        Smoking: means the burning of a lighted cigarette, cigar, pipe or any other substance containing tobacco. See Tennessee Code 39-17-1603
        Smoking: means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or in any form. See Tennessee Code 39-17-1802
        Smoking hemp: means hemp that is offered for sale to the public with the intention that it is consumed by smoking and that does not meet the definition of a vapor product. See Tennessee Code 39-17-1503
        State: means the state of Tennessee. See Tennessee Code 64-8-202
        State: when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States. See Tennessee Code 39-17-402
        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
        State forester: means the director of the division of forestry. See Tennessee Code 11-4-103
        State lottery game: means any game of chance approved and operated pursuant to title 4, chapter 51, part 1, including, but not limited to, instant tickets, online games, and games using mechanical or electronic devices. See Tennessee Code 39-17-601
        State lottery retailer: means :
        
        A person who sells state lottery tickets or shares on behalf of the corporation pursuant to a contract or an employee or agent of the person. See Tennessee Code 39-17-601
        State lottery ticket or share: means a lottery ticket or share issued by, or under the authority of, the corporation for evidence of participation in a state lottery game. See Tennessee Code 39-17-601
        Statute: A law passed by a legislature.
        Subpoena: A command to a witness to appear and give testimony.
        Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
        Subsidiary: means a corporation with more than fifty percent (50%) of its outstanding voting shares being owned by its parent or the parent's other subsidiaries. See Tennessee Code 65-4-501
        Summons: Another word for subpoena used by the criminal justice system.
        Switchblade knife: means any knife that has a blade which opens automatically by:
        
        Hand pressure applied to a button or other device in the handle. See Tennessee Code 39-17-1301
        Telecommunications service provider: means any incumbent local exchange telephone company or certificated individual or entity, or individual or entity operating pursuant to the approval by the former public service commission of a franchise within §. See Tennessee Code 65-4-101
        Telephone solicitation: means any voice communication over a telephone originating from Tennessee or elsewhere that:
        
        Promotes or encourages, directly or indirectly, the purchase of, rental of, or investment in property, goods, or services. See Tennessee Code 65-4-401
        Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
        Testify: Answer questions in court.
        Testimony: Evidence presented orally by witnesses during trials or before grand juries.
        Tobacco product: means any product that contains tobacco and is intended for human consumption, including, but not limited to, cigars, cigarettes and bidis. See Tennessee Code 39-17-1503
        TOD: means , without limitation, land use development centrally located around a transit station, sometimes part of the station or where the station is a prominent feature of the development, that has a mixture of land uses in close proximity to one another, including office, residential, retail, public and civic uses, occurring at a relatively high density. See Tennessee Code 64-8-202
        Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
        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.
        Transit adjacent development: means development near or next to a transit station that promotes or takes advantage of transit ridership but is not designed specifically around a transit station. See Tennessee Code 64-8-202
        Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
        True bill: Another word for indictment.
        Trustee: A person or institution holding and administering property in trust.
        Ultimate user: means a person who lawfully possesses a controlled substance for the person's own use or for the use of a member of the person's household or for the administering to an animal owned by the person or by a member of the person's household. See Tennessee Code 39-17-402
        United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
        Unloaded: means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon. See Tennessee Code 39-17-1301
        Venue: The geographical location in which a case is tried.
        Wholesaler: means a person who supplies a controlled substance that the person has not produced or prepared, on official written orders, but not on prescriptions. See Tennessee Code 39-17-402
        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

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Tennessee Code > Title 39 > Chapter 17 – Offenses Against Public Health, Safety and Welfare

Terms Used In Tennessee Code > Title 39 > Chapter 17 - Offenses Against Public Health, Safety and Welfare

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