Tennessee § 40-3-105 - Prosecution for same offense in both state and municipal court prohibited.
Full text of Tennessee Tennessee Code Annotated § 40-3-105 — Prosecution for same offense in both state and municipal court prohibited., with citation guidance and answers to common questions.
§ 40-3-105. Prosecution for same offense in both state and municipal court prohibited.
Whenever the commission of any act or the omission to act under certain circumstances constitutes both a violation of state law and a violation of municipal law, notwithstanding the fact that different penalties are provided, no person shall be prosecuted in both a state court and a municipal court for the same offense. A dismissal on the merits, acquittal or conviction of the offense in one (1) court, pleaded and shown, shall be a bar to prosecution for the offense in the other court. Acts 1971, ch. 183, § 1; 1972, ch. 659, § 1; T.C.A., § 40-305. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 16.109.
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 40-3-105
What does Tennessee Code Annotated § 40-3-105 cover?
Section 40-3-105 ("Prosecution for same offense in both state and municipal court prohibited.") 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 § 40-3-105?
A common citation format is "Tennessee Code Annotated § 40-3-105" (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 § 40-3-105 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.