Tennessee § 40-2-104 - Commencement of prosecution.
Full text of Tennessee Tennessee Code Annotated § 40-2-104 — Commencement of prosecution., with citation guidance and answers to common questions.
§ 40-2-104. Commencement of prosecution.
A prosecution is commenced, within the meaning of this chapter, by finding an indictment or presentment, the issuing of a warrant, the issuing of a juvenile petition alleging a delinquent act, binding over the offender, by the filing of an information as provided for in chapter 3 of this title, or by making an appearance in person or through counsel in general sessions or any municipal court for the purpose of continuing the matter or any other appearance in either court for any purpose involving the offense. A prosecution is also commenced, within the meaning of this chapter, by finding an indictment or presentment or the issuing of a warrant identifying the offender by a deoxyribonucleic acid (DNA) profile. Code 1858, § 4987; Shan., § 6946; mod. Code 1932, § 11485; Acts 1975, ch. 258, § 4; 1977, ch. 179, §§ 1, 2; T.C.A. (orig. ed.), § 40-206; Acts 2007, ch. 4, § 1; 2013, ch. 205, § 1. Compiler's Note. Acts 2013, ch. 205, § 2 provided that the act, which added the last sentence of this section, shall apply to commencement of prosecution for any offense, regardless of when committed, except those offenses for which prosecution is barred on July 1, 2013, because the applicable time limitation set out in § 40-2-101 has expired. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 16.56, 16.84. Tennessee Jurisprudence, 18 Tenn. Juris., Limitations of Actions, § 18. Law Reviews. The Right to a Preliminary Hearing and Effective Assistance of Counsel at a Preliminary Hearing in Tennessee, 43 Tenn. L. Rev. 635 (1976). Attorney General Opinions. Retired misdemeanor cases. OAG 11-4, 2011 Tenn. AG LEXIS 4 (1/7/11). Multiple crimes in single warrant. OAG 15-20, 2015 Tenn. AG LEXIS 20 (3/13/15).
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 40-2-104
What does Tennessee Code Annotated § 40-2-104 cover?
Section 40-2-104 ("Commencement of prosecution.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 40-2-104?
A common citation format is "Tennessee Code Annotated § 40-2-104" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 40-2-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.