Tennessee § 39-16-403 - Official oppression.

§ 39-16-403. Official oppression.

A public servant acting under color of office or employment commits an offense who: Intentionally subjects another to mistreatment or to arrest, detention, stop, frisk, halt, search, seizure, dispossession, assessment or lien when the public servant knows the conduct is unlawful; or Intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity, when the public servant knows the conduct is unlawful. For purposes of this section, a public servant acts under color of office or employment if the public servant acts, or purports to act, in an official capacity or takes advantage of the actual or purported capacity. An offense under this section is a Class E felony. Charges for official oppression may be brought only by indictment, presentment or criminal information; provided, that nothing in this section shall deny a person from pursuing other criminal charges by affidavit of complaint. Acts 1989, ch. 591, § 1; 1990, ch. 980, § 11. Sentencing Commission Comments. This section is designed to punish public servants who intentionally use their offices to violate citizen's rights. It is similar to, but more detailed than, prior code § 39-5-404 . This section should be read in conjunction with §§ 39-16-601 and 39-11-611(e) . Subsection (d) provides that charges may be brought only by indictment, presentment or criminal information. This provision ensures that the prosecutor had an opportunity to review charges of official oppression prior to formal charge. If the prosecutor refuses to proceed, citizens may go directly to the grand jury pursuant to § 40-12-104 . Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Penalty for Class E felony, § 40-35-111 . Textbooks. Tennessee Jurisprudence, 17 Tenn. Juris., Justices of Peace and General Sessions Courts, § 8; 21 Tenn. Juris., Public Officers, § 47. Law Reviews. Criminal Law and Procedure — 1961 Tennessee Survey (Robert E. Kendrick), 14 Vand. L. Rev. 1220 (1961). “Official” Explanation: Defining “Official Capacity” and Related “Color of Office” Phrases in Bribery and Extortion Law (Steven J. Mulroy), 38 U. Mem. L. Rev. 587 (2008). Attorney General Opinions. A grand jury foreperson is a public servant who is subject to prosecution for official misconduct, official oppression, and misuse of official information, OAG 05-129 (8/24/05).