As used in this part, unless the context otherwise requires:

(1) “Complaining witness” means a person who signs a criminal complaint;
criminal case

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Terms Used In Tennessee Code 39-16-601

  • Arrest: Taking physical custody of a person by lawful authority.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • Law enforcement officer: includes a sheriff, sheriff's deputy, and, only for purposes of the enhancement of a crime, a deputy jailer. See Tennessee Code 39-11-106
  • 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
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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
(2) “Custody” means under arrest by a law enforcement officer or under restraint by a public servant pursuant to an order of a court;
(3) “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; and
(4) “Penal institution” includes any institution or facility used to house or detain a person:

(A) Convicted of a crime;
(B) Adjudicated delinquent by a juvenile court;
(C) Who is in direct or indirect custody after a lawful arrest; or
(D) When such institution or facility is a court-operated long-term residential substance abuse facility.
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