Title 39, Criminal Offenses

No physician shall be required to perform an abortion and no person shall be required to participate in the performance of an abortion. No hospital shall be required to permit abortions to be performed therein.

No section of this part shall be construed to force a hospital to accept a patient for an abortion.

(a) The rights to medical treatment of an infant prematurely born alive in the course of an abortion are the same as the rights of an infant of similar medical status prematurely born spontaneously. Any person who performs or induces an abortion of an infant shall exercise that d…

An infant prematurely born alive in the course of a voluntary abortion is declared abandoned for purposes of custody only, and the department of children's services shall care for the infant as provided in § 34-1-103.

(a) It is unlawful for any person, agency, corporation, partnership or association to engage in medical experiments, research, or the taking of photographs upon an aborted fetus without the prior knowledge and written consent of the mother; provided, however, that prior knowledge…

(a) For purposes of this section, unless the context otherwise requires:(1) “Partial-birth abortion” means an abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery; and(2) “Vaginally d…

(a) This section shall be known and may be cited as the “Child Rape Protection Act of 2006.” (b) (1) When a physician has reasonable cause to report the sexual abuse of a minor pursuant to § 37-1-605, because the physician has been requested to perform an abortion on a minor who …

(a) As used in this section and in § 39-15-212:(1) “Abortion” means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of a live birt…

(a) Except in a medical emergency that prevents compliance with this subsection (a), no physician shall perform or induce, or attempt to perform or induce, an abortion upon a pregnant woman after the beginning of the twentieth week of pregnancy, as measured by gestational age, un…

(a) As used in this section:(1) “Abortion” means the use of any instrument, medicine, drug, or any other substance or device with intent to terminate the pregnancy of a woman known to be pregnant with intent other than to increase the probability of a live birth, to preserve the …

(a) Findings. The general assembly finds:(1) As the Supreme Court has stated in Planned Parenthood v. Casey, 505 U.S. 833, 852 (1992), “Abortion is a unique act” and is “fraught with consequences...for the woman who must live with the implications of her decision.” As the Supreme…

(a) As used in this section:(1) “Abortion” has the same meaning as defined in § 39-15-211;(2) “Auscultate” means to examine by listening for sounds made by internal organs of the fetus, including a fetal heartbeat, in accordance with standard medical practice utilizing current me…

(a) As used in this section:(1) “Abortion” has the same meaning as defined in § 39-15-211;(2) “Fetal heartbeat” means cardiac activity or the steady and repetitive rhythmic contraction of the heart of an unborn child;(3) “Gestational age” or “gestation” has the same meaning as de…

(a) As used in this section:(1) “Abortion” has the same meaning as defined in § 39-15-211;(2) “Down syndrome” means a chromosome disorder associated either with an extra chromosome twenty-one or an effective trisomy for chromosome twenty-one;(3) “Medical emergency” has the same m…

(a) Notwithstanding any provision of law to the contrary, for purposes of this section:(1) “Abortion” means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally:(A) Kill the unborn child of a woman known to be pregnant; or(B) Te…

(a) As used in this section:(1) “Abortion facility”:(A) Means any of the following in which abortions are induced or performed:(i) An ambulatory surgical treatment center, as defined in § 68-11-201;(ii) A private office; and(iii) Another facility, as defined in § 68-11-201, in wh…

(a) A person commits bigamy who:(1) Is married and purports to marry or be married to a person other than the person's spouse in this state under circumstances that would, but for the person's existing marriage, constitute a marriage; or(2) Knows that a person other than the pers…

(a) A person commits incest who engages in sexual penetration as defined in § 39-13-501, with a person, knowing the person to be, without regard to legitimacy:(1) The person's natural parent, child, grandparent, grandchild, uncle, aunt, nephew, niece, stepparent, stepchild, adopt…

(a) Any person who knowingly, other than by accidental means, treats a child under eighteen (18) years of age in such a manner as to inflict injury commits a Class E felony; provided, however, that, if the abused child is eight (8) years of age or less, the penalty is a Class D f…

(a) A person commits the offense of aggravated child abuse, aggravated child neglect or aggravated child endangerment, who commits child abuse, as defined in § 39-15-401(a); child neglect, as defined in § 39-15-401(b); or child endangerment, as defined in § 39-15-401(c) and:(1) T…

(a) As used in this section, “tattoo” means to intentionally mark or color by pricking or inserting pigment or coloring matter into the skin so as to leave an indelible mark or figure. (b) Except as provided by § 62-38-211, a person who, for commercial purposes, tattoos the skin …

(a) Except as provided in § 39-15-413:(1) It is an offense for a person to persuade, entice or send a minor to any place where alcoholic beverages, as defined in § 57-3-101(a)(1)(A), or beer, as defined in § 57-5-101(b), are sold, to buy or otherwise procure alcoholic beverages o…

(1) As used in §§ 39-15-407 — 39-15-413:(1) “Disseminate” means to sell, offer to sell, give or otherwise transfer;(2) “Hemp” means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, s…

(a) It is an offense for a person to disseminate smoking paraphernalia to a minor. (b) It is an offense to persuade, entice, send, or assist a minor to purchase, acquire, receive or attempt to purchase, acquire or receive smoking paraphernalia. (c) A violation of this section is …

A minor shall not, directly or indirectly, purchase or acquire smoking paraphernalia. Any minor purchasing or acquiring smoking paraphernalia is subject to juvenile proceedings; provided, that a violation of this section by a minor who is eighteen (18) years of age or older is a …

(a) A person contemplating the dissemination of smoking paraphernalia to an individual whom the person believes or has reason to believe may be a minor shall demand identification containing proof of age from the individual. Failure to do so is a Class C misdemeanor. (b) A minor …

(a) A person who disseminates smoking paraphernalia shall prominently display in the place where the items are disseminated, either the sign required pursuant to § 39-17-1506(a) or the sign required by this section prior to April 22, 1994. (b) A violation of this section is a Cla…

(a) Any vendor of smoking paraphernalia convicted of violating §§ 39-15-408 — 39-15-411 on three (3) separate occasions is prohibited from selling smoking paraphernalia, or from possession of smoking paraphernalia for resale, for a period of five (5) years from the date of the la…

(a) (1) It is not a violation of § 39-15-404, § 39-15-410, §§ 39-17-401 — 39-17-427, § 39-17-602, § 39-17-603, §§ 39-17-901 — 39-17-908, § 39-17-911, § 39-17-914, § 39-17-918, §§ 39-17-1003 — 39-17-1005, §§ 39-17-1501 — 39-17-1508, or any other offense providing a prohibition for…

(a) A person commits an offense who, with knowledge that a child is a runaway, as defined in § 37-1-102(b)(34)(D), harbors or hides the child and:(1) Fails to notify the child's legal custodian, legal guardian, or law enforcement authorities of the whereabouts of the child within…

(1) As used in this part, unless the context otherwise requires:(1) “Abandonment” means the knowing desertion or forsaking of an elderly or vulnerable adult by a caregiver under circumstances in which there is a reasonable likelihood that physical harm could occur;(2) “Abuse” mea…

(a) It is an offense for any person to knowingly financially exploit an elderly or vulnerable adult. (b) A violation of this section shall be punished as theft pursuant to § 39-14-105; provided, however, that the violation shall be punished one (1) classification higher than is o…

(1) For purposes of determining whether an offense was committed under § 39-15-502:(1) Any transfer of property valued in excess of one thousand dollars ($1,000) in a twelve-month period, whether in a single transaction or multiple transactions, by an elderly or vulnerable adult …

In a case where an alleged offense under this part has been committed against an elderly or vulnerable adult, the state may make a motion that the testimony of the victim be preserved. Upon the filing of the motion, the court shall set a hearing on that motion within fifteen (15)…

(a) An elderly or vulnerable adult victim's inability to attend judicial proceedings due to illness, or other mental or physical disability, shall be considered exceptional circumstances upon the state's motion to preserve testimony pursuant to Rule 15 of the Tennessee Rules of C…

(a) (1) Following a conviction for a violation of § 39-15-502, § 39-15-507(b) or (c), § 39-15-508, § 39-15-510, § 39-15-511, or § 39-15-512, or an attempt to commit any of those offenses, or at the discretion of the court for a conviction of § 39-15-507(d), the clerk of the court…

(a) It is an offense for a caregiver to knowingly neglect an elderly or vulnerable adult, so as to adversely affect the person's health or welfare. (b) The offense of neglect of an elderly adult is a Class E felony. (c) The offense of neglect of a vulnerable adult is a Class D fe…

(a) A caregiver commits the offense of aggravated neglect of an elderly or vulnerable adult who commits neglect pursuant to § 39-15-507, and the act:(1) Results in serious physical harm; or(2) Results in serious bodily injury. (1) Results in serious physical harm; or (2) Results …

(a) (1) Any person having reasonable suspicion that an elderly or vulnerable adult is suffering or has suffered abuse, sexual exploitation, neglect, or financial exploitation shall report such neglect or financial exploitation to adult protective services pursuant to title 71, ch…

(a) It is an offense for a person to knowingly abuse an elderly or vulnerable adult. (b) The offense of abuse of an elderly adult is a Class E felony. (c) The offense of abuse of a vulnerable adult is a Class D felony.

(a) A person commits the offense of aggravated abuse of an elderly or vulnerable adult who knowingly commits abuse pursuant to § 39-15-510, and:(1) The act results in serious psychological injury or serious physical harm;(2) A deadly weapon is used to accomplish the act or the ab…

(a) It is an offense for any person to knowingly sexually exploit an elderly adult or vulnerable adult. (b) A violation of this section is a Class A misdemeanor.

(a) A person or an entity commits an offense if the person or entity knowingly:(1) Uses a telephone or other communication or electronic device to obtain information concerning the medical condition or health of an elderly adult;(2) Sends, or causes to be sent, medical supplies, …

The circuit, general sessions, and chancery courts have jurisdiction over proceedings arising under this part.

(1) As used in this part, unless the context otherwise requires:(1) “Juror” means any person who is a member of any jury, including a grand jury, impaneled by any court of this state or by any public servant authorized by law to impanel a jury. “Juror” also includes any person wh…

(a) A person commits an offense who:(1) Offers, confers, or agrees to confer any pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion or other action in the public servant's official capacity; or…