Tennessee § 39-15-101 - Nonsupport and flagrant nonsupport.

§ 39-15-101. Nonsupport and flagrant nonsupport.

A person commits the crime of nonsupport who fails to provide support which that person is able to provide and knows the person has a duty to provide to a minor child or to a child or spouse who, because of physical or mental disability, is unable to be self-supporting. “Child” includes legitimate children and children whose parentage has been admitted by the person charged or established by judicial action. “Support” includes, but is not limited to, financial assistance, food, shelter, clothing, medical attention or, if determined elsewhere by law, other necessary care. A person commits the offense of flagrant nonsupport who: Leaves or remains without the state to avoid a legal duty of support; or Having been convicted one (1) or more times of nonsupport or flagrant nonsupport, is convicted of a subsequent offense under this section. Nonsupport under subsection (a) is a Class A misdemeanor. Flagrant nonsupport under subsection (d) is a Class E felony. Acts 1989, ch. 591, § 1. Cross-References. Alimony and child support, title 36, ch. 5. Extradition generally, title 40, ch. 9. Failure to comply with child support order, criminal sanctions, § 36-5-104 . Missing Children Recovery Act, title 37, ch. 10, part 2. Penalty for Class A misdemeanor, § 40-35-111 . Penalty for Class E felony, § 40-35-111 . Prosecution on application of department of human services, § 71-3-122 . Uniform Interstate Family Support Act, title 36, ch. 5, parts 20-29. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 30.66. Tennessee Jurisprudence, 20 Tenn. Juris., Parent and Child, § 13; 14 Tenn. Juris., Husband and Wife, § 26. Law Reviews. Criminal Contempt, Jury Trial, Private Prosecutors & Child Support, (Clarke Lee Shaw), 34 No. 4 Tenn. B.J. 22 (1998). Defining the Parent's Duty After Rejection of Parent-Child Immunity: Parental Liability for Emotional Injury to Abandoned Children, 33 Vand. L. Rev. 775 (1980).