Part 1 Theft 39-14-101 – 39-14-154
Part 2 Animals 39-14-201 – 39-14-219
Part 3 Arson-Explosives 39-14-301 – 39-14-307
Part 4 Burglary and Related Offenses 39-14-401 – 39-14-414
Part 5 Litter Control 39-14-501 – 39-14-511
Part 6 Tennessee Personal and Commercial Computer Act of 2003 39-14-601 – 39-14-605
Part 7 Criminal Instruments 39-14-701 – 39-14-705
Part 8 Farm Animal and Research Facilities Protection 39-14-801 – 39-14-806
Part 9 Money Laundering Offenses 39-14-901 – 39-14-909

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Terms Used In Tennessee Code > Title 39 > Chapter 14 - Offenses Against Property

  • Access: means to approach, instruct, communicate, or connect with, store data in, retrieve or intercept data from, or otherwise make use of any resources of a computer, computer system, or computer network, or information exchanged from any communication between computers or authorized computer users and electronic, electromagnetic, electrochemical, acoustic, mechanical, or other means. See Tennessee Code 39-14-601
  • Actor: means a person accused of any of the offenses defined in this part. See Tennessee Code 39-14-802
  • 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
  • Animal: means any warm-blooded or cold-blooded animal or insect which is being used in food or fiber production, agriculture, research, testing, or education, including, but not limited to, hogs, equines, mules, cattle, sheep, goats, dogs, rabbits, poultry, fish, and bees. See Tennessee Code 39-14-802
  • Animal: means a domesticated living creature or a wild creature previously captured. See Tennessee Code 39-14-201
  • Animal facility: means any vehicle, building, structure, pasture, paddock, pond, impoundment, or premises where an animal is kept, handled, housed, exhibited, bred, or offered for sale and any office, building, or structure where records or documents relating to an animal or to animal research, testing, production, or education are maintained. See Tennessee Code 39-14-802
  • 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
  • Attorney general: means the district attorneys general and their assistants. See Tennessee Code 39-14-902
  • Authorization: means any and all forms of consent, including both implicit and explicit consent. See Tennessee Code 39-14-601
  • 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
  • Blasting: means the use of an explosive device for the excavation of earth, rock, or other material or the demolition of a structure. See Tennessee Code 65-31-102
  • 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
  • Certain unfunded pension obligations: means pension benefits for past service of employees of a local government whose employment results from the local government's assumption of governmental responsibilities of another local government. 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
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Coercion: means a threat, however communicated, to:
    (A) Commit any offense. See Tennessee Code 39-11-106
  • Commercial purpose: means litter discarded by a business, corporation, association, partnership, sole proprietorship, or any other entity conducting business for economic gain, or by an employee or agent of the entity. See Tennessee Code 39-14-501
  • Commissioner: means the commissioner of agriculture. See Tennessee Code 39-14-802
  • 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.
  • Computer: means a device or collection of devices, including its support devices, peripheral equipment, or facilities, and the communication systems connected to it which can perform functions including, but not limited to, substantial computation, arithmetic or logical operations, information storage or retrieval operations, capable of being used with external files, one (1) or more operations which contain computer programs, electronic instructions, allows for the input of data, and output data (such operations or communications can occur with or without intervention by a human operator during the processing of a job). See Tennessee Code 39-14-601
  • Computer network: means a set of two (2) or more computer systems that transmit data over communication circuits connecting them, and input/output devices including, but not limited to, display terminals and printers, which may also be connected to telecommunication facilities. See Tennessee Code 39-14-601
  • Computer program: means an ordered set of data that are coded instructions or statements that, when executed by a computer, cause the computer to process data. See Tennessee Code 39-14-601
  • Computer software: means a set of computer programs, procedures, and associated documentation concerned with the operation of a computer, computer system, or computer network whether imprinted or embodied in the computer in any manner or separate from it, including the supporting materials for the software and accompanying documentation. See Tennessee Code 39-14-601
  • Computer system: means a set of connected devices including a computer and other devices including, but not limited to, one (1) or more of the following: data input, output, or storage devices, data communication circuits, and operating system computer programs that make the system capable of performing data processing tasks. See Tennessee Code 39-14-601
  • conduct: means to initiate, conclude, participate, negotiate, transport, conceal, or to aid or abet in such acts. See Tennessee Code 39-14-902
  • Consent: means assent in fact, whether express or implied, by the owner or by a person legally authorized to act for the owner which is not:
    (A) Induced by force, threat, false pretenses, or fraud. See Tennessee Code 39-14-802
  • conservation easement: means an easement in land or structures which:
    (i) Is held for the benefit of the people of this state. See Tennessee Code 66-9-303
  • Construction: means building, reconstruction, erection, replacement, extension, repairing, betterment, equipment, development, embellishment, improvement, acquisition by gift, lease, purchase or the exercise of the right of eminent domain, or any one (1) or more or all of the foregoing, including the acquisition of land and of rights in land, and including acquisition of all of the outstanding capital stock of any corporation whose assets consist entirely of one (1) or more public works projects which together constitute a waterworks, sewer system, natural gas system, electric system, or any combination thereof, including, but not limited to, a water, sewer, natural gas and/or electric distribution system, or any combination thereof, serving a local government and assets related to the operation thereof and whose liabilities consist entirely of those related to the ownership and operation thereof. See Tennessee Code 9-21-105
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: means an agreement for improving real property, written or unwritten, express or implied, and includes extras as defined in this section. See Tennessee Code 66-11-101
  • Contract price: means the amount agreed upon by the contracting parties to be paid for performing work or labor or for furnishing materials, machinery, equipment, services, overhead and profit, included in the contract, increased or diminished by the price of extras or breach of contract, including defects in workmanship or materials. See Tennessee Code 66-11-101
  • Credit card: means any real or forged instrument, writing or other evidence, whether known as a credit card, credit plate, charge plate or by any other name, which purports to evidence an understanding to pay for property or services delivered or rendered to or upon the order of a designated person or bearer. See Tennessee Code 39-14-102
  • 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
  • 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
  • Data: means a representation of information, knowledge, facts, concepts, or instructions which is being prepared or has been prepared in a formalized manner, and is intended to be stored or processed, or is being stored or processed, or has been stored or processed in a computer, computer system, or computer network. See Tennessee Code 39-14-601
  • Debit card: means any real or forged instrument, writing or other evidence known by any name issued with or without a fee by an issuer for the use of a depositor in obtaining money, goods, services or anything else of value, payment of which is made against funds previously deposited in an account with the issuer. See Tennessee Code 39-14-102
  • 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.
  • Deception: means that a person knowingly:
    (i) Creates or reinforces a false impression by words or conduct, including false impressions of fact, law, value or intention or other state of mind that the person does not believe to be true. See Tennessee Code 39-11-106
  • 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
  • Deprive: means unlawfully to withhold from the owner, interfere with the possession of, free, or dispose of an animal or other property. See Tennessee Code 39-14-802
  • Deprive: means to:
    (A) 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
  • 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
  • Disrupt: means to engage in conduct that materially interferes with the operations of the animal facility in a manner such that the activities conducted by or in the facility are permanently or temporarily halted, compromised, delayed, harmed or impaired. See Tennessee Code 39-14-802
  • Donee: The recipient of a gift.
  • Effective consent: means assent in fact, whether express or apparent, including assent by one legally authorized to act for another. See Tennessee Code 39-11-106
  • 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
  • Electronic mail service provider: means any person who:
    (A) Is an intermediary in sending or receiving electronic mail. See Tennessee Code 39-14-601
  • 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
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Enterprise: means any one (1) of or combination of two (2) or more public works projects, undertakings or projects which the local government is or may hereafter be authorized to construct and from which the local government has heretofore derived or may hereafter derive revenues, and such enterprise includes all improvements, betterments, extensions and replacements thereto, and all appurtenances, facilities, lands, rights in land, water rights, franchises and structures in connection therewith or incidental thereto. See Tennessee Code 9-21-105
  • 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
  • Executive committee: means the executive committee created by §. See Tennessee Code 65-31-102
  • Exempt organization: includes any organization which has received a determination of exemption from the Internal Revenue Service under §. See Tennessee Code 66-9-303
  • Extras: means labor, materials, services, equipment, machinery, overhead and profit, for improving real property, authorized by the owner and not included in previous contracts. See Tennessee Code 66-11-101
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • farm products: means forage and sod crops. See Tennessee Code 1-3-105
  • 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
  • Federal aid act: means any act or acts or joint resolution of the congress of the United States to reduce and relieve unemployment, or to provide for the construction of public works, or to relieve and rehabilitate veterans of any war, or to subsidize or aid any local government, public works or construction project by grants of money, materials, equipment or otherwise by any federal agency. See Tennessee Code 9-21-105
  • Fiduciary: A trustee, executor, or administrator.
  • Financial instrument: includes , but is not limited to, any check, cashier's check, draft, warrant, money order, certificate of deposit, negotiable instrument, letter of credit, bill of exchange, credit card, debit card, marketable security, or any computer system representation thereof. See Tennessee Code 39-14-601
  • Financial newspaper: means a financial newspaper, financial journal or other financial publication. See Tennessee Code 9-21-105
  • Financial transaction: means a purchase, sale, loan, pledge, contract, gift, payment, and also includes a withdrawal, transmission of funds, transfer between accounts or deposit, of monetary or negotiable instruments, funds or an exchange of any other property, including, but not limited to, currency, precious metals, stones or jewelry, tickets, stamps or credit in a financial institution. See Tennessee Code 39-14-902
  • 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
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Fraud: means as used in normal parlance and includes, but is not limited to, deceit, trickery, misrepresentation and subterfuge, and shall be broadly construed to accomplish the purposes of this title. See Tennessee Code 39-11-106
  • Furnish materials: means :
    (i) To supply materials that are intended to be and are incorporated in the improvement. See Tennessee Code 66-11-101
  • Garbage: includes putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. See Tennessee Code 39-14-501
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • 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
  • Grantor: The person who establishes a trust and places property into it.
  • 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
  • Historically significant: means any structure more than fifty (50) years old. See Tennessee Code 66-9-101
  • Holder: means a public body empowered to hold an interest in real property under the laws of the state or the United States. See Tennessee Code 66-9-303
  • Improvement: means the result of any action or any activity in furtherance of constructing, erecting, altering, repairing, demolishing, removing, or furnishing materials or labor for any building, structure, appurtenance to the building or structure, fixture, bridge, driveway, private roadway, sidewalk, walkway, wharf, sewer, utility, watering system, or other similar enhancement, or any part thereof, on, connected with, or beneath the surface. See Tennessee Code 66-11-101
  • 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
  • Input: means data, facts, concepts, or instructions in a form appropriate for delivery to, or interpretation or processing by, a computer. See Tennessee Code 39-14-601
  • 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
  • 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
  • Inter vivos: Transfer of property from one living person to another living person.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Issuer: means the business organization or financial institution or its duly authorized agent which issues a credit or debit card. See Tennessee Code 39-14-102
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • 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.
  • 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
  • Laborer: means any individual who, under contract, of any degree of remoteness, personally performs labor for improving real property on the site of the improvement. See Tennessee Code 66-11-101
  • 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: 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
  • Legatee: A beneficiary of a decedent
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Library: means any:
    (A) Public library. See Tennessee Code 39-14-102
  • 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
  • Lienor: means any person having a lien or right of lien on real property by virtue of this chapter, and includes the person's successor in interest. See Tennessee Code 66-11-101
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Litter: includes garbage, refuse, rubbish and all other waste material, including a tobacco product as defined in §. See Tennessee Code 39-14-501
  • Livestock: means all equine as well as animals which 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 39-14-201
  • Local exchange company: includes telecommunications service providers as defined in §. See Tennessee Code 39-14-601
  • Local government: means any county, municipality or metropolitan government in this state. See Tennessee Code 9-21-105
  • Local government instrumentality: means any authority created by law on behalf of a county, metropolitan government, municipality or any combination thereof. See Tennessee Code 9-21-105
  • 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
  • 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 cities pursuant to the authority of title 7, chapters 1-3. See Tennessee Code 9-21-105
  • Minor: means any person under eighteen (18) years of age. See Tennessee Code 39-11-106
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • 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
  • Municipality: means any incorporated city or any incorporated town of this state. See Tennessee Code 9-21-105
  • 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
  • National Register: means that listing of the state's historic, archaeological, architectural, cultural, and environmental resources as nominated by the state's liaison officer and which is kept by the national park service, the United States department of the interior, pursuant to the National Historic Preservation Act of 1966 (P. See Tennessee Code 66-9-303
  • 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
  • Non-livestock animal: means a pet normally maintained in or near the household or households of its owner or owners, other domesticated animal, previously captured wildlife, an exotic animal, or any other pet, including but not limited to, pet rabbits, a pet chick, duck, or pot bellied pig that is not classified as "livestock" pursuant to this part. See Tennessee Code 39-14-201
  • 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
  • nursery stock: means all trees, shrubs, or other plants, or parts of such trees, shrubs or other plants, grown or kept for, or capable of, propagation, distribution or sale on a commercial basis. See Tennessee Code 1-3-105
  • Obligations: means bonds, notes and any other evidence of indebtedness lawfully issued or assumed by a local government. See Tennessee Code 9-21-105
  • Obtain: includes , but is not limited to, the taking, carrying away or the sale, conveyance or transfer of title to or interest in or possession of property, and includes, but is not limited to, conduct known as larceny, larceny by trick, larceny by conversion, embezzlement, extortion or obtaining property by false pretenses. See Tennessee Code 39-11-106
  • Occupied: means the condition of the lawful physical presence of any person at any time while the defendant is within the habitation or other building. See Tennessee Code 39-14-401
  • 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
  • Output: means data, facts, concepts or instructions produced or retrieved by computers from computers or computer memory storage devices. See Tennessee Code 39-14-601
  • Owner: includes the owner in fee of real property, or of a less estate in real property, a lessee for a term of years, a vendee in possession under a contract for the purchase of real property, and any person having any right, title or interest, legal or equitable, in real property, that may be sold under process. See Tennessee Code 66-11-101
  • Owner: means a person who has title to the property, lawful possession of the property, or a greater right to possession of the property than the actor. See Tennessee Code 39-14-802
  • Owner: means a person, other than the defendant, who has possession of or any interest other than a mortgage, deed of trust or security interest in property, even though that possession or interest is unlawful and without whose consent the defendant has no authority to exert control over the property. See Tennessee Code 39-11-106
  • Owner: means 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
  • Owner: means a person in lawful possession of property whether the possession is actual or constructive. See Tennessee Code 39-14-401
  • Owner: means an owner or lessee of a computer or a computer network, or an owner, lessee or licensee of computer data, computer programs, or computer software. See Tennessee Code 39-14-601
  • Perform: when used in connection with the words labor or services, means performance by the lienor or by another for the lienor. See Tennessee Code 66-11-101
  • Person: means any individual, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership, two (2) or more persons having a joint or common interest, or other legal entity. See Tennessee Code 39-14-802
  • Person: means an individual, corporation, limited liability company, partnership, limited partnership, sole proprietorship, joint venture, association, trust, estate, or other legal or commercial entity. See Tennessee Code 66-11-101
  • 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
  • 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
  • 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
  • Possession: means actual care, custody, control, or management. See Tennessee Code 39-14-802
  • 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.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Preservation restriction: means a right, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of the land or in any order of taking, appropriate to preservation of either a structure or a structure and the land upon which such structure is located, historically significant for its architecture or archaeology, to prohibit or limit any or all of the following:
    (A) Alterations in exterior or interior features of the structure. See Tennessee Code 66-9-101
  • Prime contractor: means a person, including a land surveyor as defined in §. See Tennessee Code 66-11-101
  • Probate: Proving a will
  • Proceeds: includes gross profits from the commission of any specified unlawful activity, including property, real, personal or intangible of any kind, acquired or derived, directly or indirectly, from, produced through, realized through or caused by an act or omission. See Tennessee Code 39-14-902
  • Property: means any real or personal property and includes any document, record, research data, paper, or computer storage medium. See Tennessee Code 39-14-802
  • Property: means anything of value, and includes any interest in property, including any benefit, privilege, claim or right with respect to anything of value, whether real or personal, tangible or intangible. See Tennessee Code 39-14-902
  • Property: means anything of value, including, but not limited to, money, real estate, tangible or intangible personal property, including anything severed from land, library material, contract rights, choses-in-action, interests in or claims to wealth, credit, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power. See Tennessee Code 39-11-106
  • Property: means anything that may be the subject of ownership. See Tennessee Code 66-3-302
  • Property: shall include :
    (A) Real property. See Tennessee Code 39-14-601
  • 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
  • Public body: means the United States, states, counties, municipalities, metropolitan governments, the historic commission of any state, county, municipal, or metropolitan government, park or recreation authorities, and any other state, federal or local governmental entity. See Tennessee Code 66-9-303
  • 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 works project: includes any one (1) or any combination of the following: acquisitions of land for the purpose of providing or preserving open land. See Tennessee Code 9-21-105
  • Real property: includes real estate, lands, tenements and hereditaments, corporeal and incorporeal, and fixtures and improvements thereon. See Tennessee Code 66-11-101
  • 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
  • Real property: means one (1) or more defined parcels or tracts of land or interests, benefits, and rights inherent in the ownership of real estate, including easements, water rights, agricultural land, or any other interest in real property. See Tennessee Code 66-2-301
  • Receiving: includes , but is not limited to, acquiring possession, control, title or taking a security interest in the property. See Tennessee Code 39-14-102
  • 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
  • Refunding bonds: means bonds issued to refund all or any part of bonds, notes or other obligations, except notes issued in anticipation of bonds, heretofore or hereafter issued or lawfully assumed by a local government pursuant to this chapter, or any other provision of this code or any other general or special law. See Tennessee Code 9-21-105
  • Refuse: includes all putrescible and nonputrescible solid waste. See Tennessee Code 39-14-501
  • 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
  • Remote contractor: means a person, including a land surveyor as defined in §. See Tennessee Code 66-11-101
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revenues: means all fees, rents, tolls, rates, rentals, interest earnings, or other charges received or receivable by the local government from any public works project or enterprise then existing or thereafter to be constructed, including any revenues derived or to be derived by a local government from a lease, agreement or contract with any other local government, local government instrumentality, the state, or a state or federal agency for the use of or in connection with a public works project or enterprise, or all other charges to be levied and collected in connection with and all other income and receipts of whatever kind or character derived by the local government from the operation of any public works project or enterprise or arising from any public works project or enterprise. See Tennessee Code 9-21-105
  • Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • Rubbish: includes nonputrescible solid waste consisting of both combustible and noncombustible waste. See Tennessee Code 39-14-501
  • Sanctioned foreign business: means :
    (A) A corporation incorporated under the laws of a foreign country of a sanctioned foreign government. See Tennessee Code 66-2-301
  • Sanctioned foreign government: means a government other than the government of the United States, its states, its territories, or its possessions, that is identified by the office of foreign assets control of the U. See Tennessee Code 66-2-301
  • Sanctioned nonresident alien: means an individual who is either:
    (i) A citizen of a sanctioned foreign government. See Tennessee Code 66-2-301
  • Savings and loan association: includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the [former] federal savings and loan insurance corporation (FSLIC) or any successor [repealed] of such corporation. 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)(38) or a specific statute exists covering the same or similar conduct. See Tennessee Code 39-11-106
  • Services: includes , but is not limited to, the use of a computer, a computer system, a computer network, computer software, computer program, or data to perform tasks. See Tennessee Code 39-14-601
  • solar energy system: means any device, mechanism, structure, apparatus, or part thereof, whose primary purpose is to collect solar energy and convert and store it for useful purposes including heating and cooling buildings or other energy saving processes, or to produce generated power by means of any combination of collecting, transferring, or converting solar generated energy. See Tennessee Code 66-9-203
  • Specified unlawful activity: means any act, including any preparatory or completed offense, committed for financial gain that is punishable as a felony under the laws of this state, or if the act occurred outside this state, would be punishable by confinement for more than one (1) year under the laws of the state in which it occurred. See Tennessee Code 39-14-902
  • State: means the state of Tennessee. See Tennessee Code 39-14-802
  • State: means the state of Tennessee. See Tennessee Code 9-21-105
  • Taxable property: means all property subject to ad valorem taxation within the local government, or any portion of the local government, if applicable. See Tennessee Code 9-21-105
  • 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.
  • 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
  • Tennessee Register: means that listing of districts, sites, buildings, structures, and objects significant in Tennessee history, architecture, archaeology, and culture kept by the Tennessee historical commission pursuant to title 4, chapter 11, part 2. See Tennessee Code 66-9-303
  • Testator: A male person who leaves a will at death.
  • Third-party right of enforcement: means a right expressly provided in a conservation easement to enforce any of its terms granted to a public body, charitable corporation, charitable association, or charitable trust that, although eligible to be a holder, is not a holder. See Tennessee Code 66-9-303
  • Tire: means the continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle and includes a waste tire as defined in §. See Tennessee Code 39-14-501
  • To process: means to use a computer to put data through a systematic sequence of operations for the purpose of producing a specified result. See Tennessee Code 39-14-601
  • 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
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • 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
  • Venue: The geographical location in which a case is tried.
  • Virus: means a migrating program which, at least, attaches itself to the operating system of any computer it enters and can infect any other computer that has access to an "infected" computer. See Tennessee Code 39-14-601
  • Visible commencement of operations: means the first actual work of improving upon the land or the first delivery to the site of the improvement of materials, that remain on the land until actually incorporated in the improvement, of such manifest and substantial character as to notify interested persons that an improvement is being made or is about to be made on the land, excluding, however, demolition, surveying, excavating, clearing, filling or grading, placement of sewer or drainage lines or other utility lines or work preparatory therefor, erection of temporary security fencing and the delivery of materials therefor. See Tennessee Code 66-11-101
  • Willful noncompliance: means the intentional refusal or failure to perform, or comply with, a duty created or imposed by this chapter or by rules promulgated pursuant to this chapter. See Tennessee Code 65-31-102
  • Writing: includes printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and symbols of value, right, privilege or identification. See Tennessee Code 39-14-114