Tennessee § 40-20-116 - Order of restitution.
Full text of Tennessee Tennessee Code Annotated § 40-20-116 — Order of restitution., with citation guidance and answers to common questions.
§ 40-20-116. Order of restitution.
Whenever a felon is convicted of stealing or feloniously taking or receiving property, or defrauding another of property, the jury shall ascertain the value of the property, if not previously restored to the owner, and the court shall, thereupon, order the restitution of the property, and, in case this cannot be done, that the party aggrieved recover the value assessed against the prisoner, for which execution may issue as in other cases. If the property has been feloniously destroyed, the jury shall ascertain the damages sustained, upon which judgment shall be rendered in favor of the party aggrieved against the defendant, and execution shall issue as provided in subsection (a). This section is cumulative, and does not deprive the party injured of any other right the party may have for the recovery of property or its value. Code 1858, §§ 5233-5235 (deriv. Acts 1829, ch. 23, § 79); Shan., §§ 7208-7210; Code 1932, §§ 11795-11797; T.C.A. (orig. ed.), §§ 40-2716 — 40-2718. Cross-References. General sessions court empowered to issue execution, title 16, ch. 15, part 8. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 32.197. Law Reviews. The Tennessee Court System — Criminal Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 319.
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 40-20-116
What does Tennessee Code Annotated § 40-20-116 cover?
Section 40-20-116 ("Order of restitution.") 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 § 40-20-116?
A common citation format is "Tennessee Code Annotated § 40-20-116" (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 § 40-20-116 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.