Title 39, Criminal Offenses

This part shall be known and may be cited as the “Terrorism Prevention and Response Act of 2002.”

(a) The general assembly finds and declares that the threat of terrorism involving weapons of mass destruction, including, but not limited to, biological, chemical, nuclear, or radiological agents, is a compelling public safety and health concern. The general assembly recognizes …

(1) As used in this part, unless the context otherwise requires:(1) “Act of terrorism” means an act or acts constituting a violation of this part, any other offense under the laws of Tennessee, or an act or acts constituting an offense in any other jurisdiction within or outside …

(a) The intentional release of a dangerous chemical or hazardous material utilized in a lawful industrial or commercial process shall be considered use of a weapon of mass destruction when a person knowingly utilizes those agents with intent and for the purpose of causing harm to…

(a) It is an offense for any person to commit an act of terrorism in this state. (b) (1) An act of terrorism is a Class A felony.(2) If the act of terrorism results in the loss of human life, the defendant shall be prosecuted and sentenced for first degree murder, under § 39-13-2…

(a) It is an offense for any person, without lawful authority, to possess, develop, manufacture, produce, transfer, acquire, weaponize, or retain any weaponized agent, biological warfare agent, weaponized biological or biologic warfare agent, chemical warfare agent, nuclear or ra…

(a) (1) It is an offense for any person to provide material support or resources, or attempt or conspire to provide material support or resources, to:(A) Any person known by the person providing such material support or resources to be planning or carrying out an act of terrorism…

(a) It is an offense for any person to distribute or to deliver, as an act of terrorism or as a hoax, any substance that is intended to, or that such person has reason to believe may, create a fear or apprehension on the part of any other person that such substance may be a biolo…

Religious justification for violence or criminal activity prohibited by this part shall not be considered a justification or a defense pursuant to chapter 11, part 6 of this title, nor shall it prohibit prosecution pursuant to this part.

(a) All property, both personal and real, including money, vehicles, and other property used, or intended for use, in the course of, derived from, or realized through conduct in violation of this part, is subject to seizure and forfeiture to the state. (b) (1) The following peopl…

(a) Notwithstanding whether criminal prosecution is commenced, or a conviction is obtained for a violation of this part, a victim of a violation of this part shall have a civil cause of action against the person responsible for the violation for both economic and noneconomic dama…

(a) A person who in good faith makes a report of suspicious activity or behavior shall be immune from civil and criminal liability for the making of the report if the report is based on articulable suspicion. (b) As used in this section, “report of suspicious activity or behavior…

(a) As used in this section:(1) “Mass violence” means an act that a reasonable person would conclude could lead to the imminent serious bodily injury or death of four (4) or more persons;(2) “Means of communication” means direct and indirect verbal, written, or electronic communi…

(1) As used in this part:(1) “Image” means any capturing of sound waves, thermal, infrared, ultraviolet, visible light, or other electromagnetic waves, odor, or other conditions existing on or about real property in this state or an individual located on that property; and(2) “Un…

(a) Notwithstanding § 39-13-903, it is lawful to capture an image using an unmanned aircraft in this state:(1) For purposes of professional or scholarly research and development by a person acting on behalf of an institution of higher education, as defined by § 49-7-802, includin…

(a) Subject to the exceptions set forth in § 39-13-902(a), a person commits an offense if the person:(1) Uses an unmanned aircraft to capture an image of an individual or privately owned real property in this state with the intent to conduct surveillance on the individual or prop…

(a) A person commits an offense if the person:(1) Captures an image in violation of § 39-13-903; and(2) (A) Possesses that image; or(B) Discloses, displays, distributes, or otherwise uses that image. (1) Captures an image in violation of § 39-13-903; and (2) (A) Possesses that im…

(a) Except as otherwise provided by subsection (b), an image captured in violation of § 39-13-903, or an image captured by an unmanned aircraft that was incidental to the lawful capturing of an image:(1) May not be used as evidence in any criminal or juvenile proceeding, civil ac…

This part shall not apply to the manufacture, assembly, distribution, or sale of an unmanned aircraft.

Nothing in this part shall be construed as permitting any act prohibited by other law.

(a) A person commits the offense of unauthorized operation of an unmanned aircraft who operates an unmanned aircraft within four hundred feet (400′) of or above a ticketed entertainment event. (b) A violation of this section is a Class A misdemeanor. (c) Subsection (a) does not a…

Conduct denominated as theft in this part constitutes a single offense embracing the separate offenses referenced before 1989 as embezzlement, false pretense, fraudulent conversion, larceny, receiving or concealing stolen property, and other similar offenses.

(1) The following definitions apply in this part, unless the context otherwise requires:(1) “Cable television company” means any franchise or other duly licensed company which is operated or intended to be operated to perform the service of receiving and amplifying the signals br…

(a) A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent. (b) (1) As a condition of pretrial diversion, judicial diversion, probation or parol…

(a) A person commits theft of services who:(1) Intentionally obtains services by deception, fraud, coercion, forgery, false statement, false pretense or any other means to avoid payment for the services;(2) Having control over the disposition of services to others, knowingly dive…

(a) Theft of property or services is:(1) A Class A misdemeanor if the value of the property or services obtained is one thousand dollars ($1,000) or less, except when the property obtained is a firearm;(2) A Class E felony if the property obtained is a firearm worth less than two…

A person commits a Class A misdemeanor who takes another's automobile, airplane, motorcycle, bicycle, boat or other vehicle without the consent of the owner and the person does not have the intent to deprive the owner thereof.

(1) It is an affirmative defense to prosecution under §§ 39-14-103, 39-14-104 and 39-14-106 that the person:(1) Acted under an honest claim of right to the property or service involved;(2) Acted in the honest belief that the person had the right to obtain or exercise control over…

(a) With respect to the theft of rental property, evidence of any of the following shall create an inference of intent to deprive the owner of the rental property, as provided in § 39-14-103:(1) The person leasing or renting the property has pawned or otherwise conveyed the prope…

Notwithstanding any law to the contrary, the state or any county or municipality is authorized to post the following signage along the right-of-way of any state or local roadway located in close proximity to a stone or rock wall: WARNING! IT CONSTITUTES THE CRIME OF THEFT TO KNOW…

(a) It is an offense for a person to knowingly operate an audiovisual recording function of a device in a facility where a motion picture is being exhibited for the purpose of recording a theatrical motion picture and without the consent of the owner or lessee of the facility. (b…

(a) A person commits parentage fraud who:(1) Seeks to legally establish another individual as the biological parent of a child in the person's custody with intent to deprive the individual of property or to prevent the child's actual biological parent from exercising parental rig…

(a) A person commits extortion who uses coercion upon another person with the intent to:(1) Obtain property, services, any advantage or immunity;(2) Restrict unlawfully another's freedom of action; or(3) (A) Impair any entity, from the free exercise or enjoyment of any right or p…

(a) This section shall be known and may be cited as the “Organized Retail Crime Prevention Act.” (b) For purposes of this section, “stored value card” means any card, gift card, instrument, or device issued with or without fee for the use of the cardholder to obtain money, goods,…

(a) A person commits an offense who forges a writing with intent to defraud or harm another. (b) As used in this part, unless the context otherwise requires:(1) “Forge” means to:(A) Alter, make, complete, execute or authenticate any writing so that it purports to:(i) Be the act o…

(a) (1) A person commits the offense of criminal simulation who, with intent to defraud or harm another:(A) Makes or alters an object, in whole or in part, so that it appears to have value because of age, antiquity, rarity, source or authorship that it does not have;(B) Possesses…

(a) A person who claims ownership of or interest in any property which is the subject of a security interest, security agreement, deed of trust, mortgage, attachment, judgment or other statutory or equitable lien commits an offense who, with intent to hinder enforcement of that i…

(a) A person commits an offense who, when proceedings have been or are about to be instituted for the appointment of a trustee, receiver, or other person entitled to administer property for the benefit of creditors, or when any other assignment, composition, or liquidation for th…

(a) A person commits the crime of illegal possession of a credit or debit card who, knowing the person does not have the consent of the owner or issuer, takes, exercises control over or otherwise uses that card or information from that card. (b) A person commits the crime of frau…

(a) Any person who reports or attempts to report a credit or debit card as being lost, stolen, or mislaid knowing the report to be false violates this subsection (a). (b) Any person who, with intent to defraud, uses a credit or debit card or information from such card, which has …

(a) A person commits the crime of issuing a false financial statement who, with intent to defraud:(1) Knowingly makes or utters a written instrument which purports to describe the financial condition or ability of the person or some other person to pay and which is inaccurate in …

(a) (1) A person commits an offense who, with fraudulent intent or knowingly:(A) Issues or passes a check or similar sight order for the payment of money for the purpose of paying any fee, fine, tax, license or obligation to any governmental entity or for the purpose of obtaining…

(a) Any person causing the arrest of the drawer of a check, draft or order shall not be criminally or civilly liable for false arrest or false imprisonment if the person, firm or corporation relies in good faith upon the permissible inferences set forth in § 39-14-121(b) and noti…

(a) A person commits an offense who, with intent to deceive, in the course of business:(1) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;(2) Sells, offers or exposes for sale, or delivers less…

(a) It is an offense for any person to intentionally and falsely create the impression that any person is deceased. (b) A violation of this section is a Class A misdemeanor.

(a) As used in this section:(1) “Addressee” means the person to whom a piece of mail is addressed;(2) “Curtilage” has the same meaning as defined in § 39-11-611; and(3) “Mail” means a letter, postal card, package, bag, or other sealed article that:(A) Is delivered by a common car…