Tennessee § 39-11-102 - Effect of criminal code.

§ 39-11-102. Effect of criminal code.

Conduct does not constitute an offense unless it is defined as an offense by statute, municipal ordinance, or rule authorized by and lawfully adopted under a statute. Parts 1-6 of this chapter apply to offenses defined by other laws, unless otherwise provided by law. This title does not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil suit for conduct the criminal code defines as an offense, and the civil injury is not merged into the offense. Acts 1989, ch. 591, § 1. Sentencing Commission Comments. Subsection (a) is designed to accommodate the commission's specific legislative mandate to modernize the former penal code. It is the intent of the commission that common law offenses be replaced with statutory offenses to effectuate the goals set forth in § 39-11-101(1) and (2). While this revised criminal code supersedes common law offenses, the commission does not intend to abrogate the interpretive rules developed under common law and specifically includes such interpretations under § 39-11-104 . Subsection (b) states that the general principles apply to offenses defined in all volumes of the Tennessee Code Annotated unless the law provides otherwise. Subsection (c) is a restatement of prior code § 39-1-102 . Tennessee case law has established a consistent rule that a judgment of acquittal in a criminal case constitutes no bar to subsequent civil actions. Galyon v. State, 189 Tenn. 505, 226 S.W.2d 270 (1950). Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation.