Tennessee § 40-35-110 - Classification of offenses.

§ 40-35-110. Classification of offenses.

Felonies are classified for the purpose of sentencing into five (5) categories: Class A felonies; Class B felonies; Class C felonies; Class D felonies; and Class E felonies. An offense designated a felony without specification as to category is a Class E felony. Misdemeanors are classified for the purpose of sentencing into three (3) categories: Class A misdemeanors; Class B misdemeanors; and Class C misdemeanors. An offense designated as a misdemeanor without specification as to category is a Class A misdemeanor. Acts 1989, ch. 591, § 6. Sentencing Commission Comments. This section sets forth the classifications of felonies and misdemeanors. § 40-37-202 [obsolete] charged the sentencing commission with drafting a statute which classified felonies on the basis of severity into five categories and misdemeanors into three categories. This section complies with that provision and is the basis for the sentencing grid which is contained in the commentary to § 40-35-101 . Subsections (b) and (d) follow prior law by giving a designated punishment for felonies contained in the code which are not otherwise specified as to category with similar treatment being given to unclassified misdemeanors. The following table shows the classification of felony and misdemeanor offenses in title 39. For first degree murder, see § 39-11-117 . CLASSIFICATION OF THE REVISED CRIMINAL CODE (Current as of July 1, 2020) Class A Felonies Class and New Code Section Offense 39-11-117 Attempt — First degree murder 39-11-117 Conspiracy — First degree murder 39-13-210 Second degree murder 39-13-210(a)(2) Second degree murder that results from the unlawful distribution of any Schedule I or Schedule II drug, when the drug is the proximate cause of the death of the user 39-13-210(c) Second degree murder that results from the unlawful distribution of any Schedule I or Schedule II drug, when the drug is the proximate cause of the death of the user. Defendant sentenced one range higher than range otherwise appropriate if victim is a minor 39-13-210(a)(3) Second degree murder by unlawful distribution or unlawful delivery or unlawful dispensation of fentanyl or carfentanil, when those substances alone, or in combination with any other controlled substance 39-13-218 Aggravated vehicular homicide 39-13-305 Especially aggravated kidnapping 39-13-309 Trafficking for a commercial sex act where victim is child under 15 or offense occurs within 1,000' of school, park, playground 39-13-403 Especially aggravated robbery 39-13-502 Aggravated rape 39-13-514(b)(3) Patronizing prostitution (victim under age 18 or with intellectual disability) 39-13-515 Promoting prostitution where prostitute is less than 18 39-13-518(c)(1) Continuous sexual abuse of a child 39-13-522 Rape of a child (punished as Range II offender) 39-13-531 Aggravated rape of a child (mandatory life without parole) 39-13-805 Act of terrorism 39-13-807 Providing material support or resources to act of terrorism or to a designated entity 39-13-808(b)(1) Distribution or delivery of substance as act of terrorism 39-14-105 Value of property unlawfully obtained is in excess of $250,000 39-14-113 Organized retail crime involving stored value cards (over $250,000) 39-14-113 Organized retail crime involving stored value cards (over $60,000) if the defendant exercised organizational, supervisory, financial, or management authority over the activity of one (1) or more other persons in violation of section 39-14-302 Aggravated arson 39-14-411 Critical infrastructure vandalism ($250,000 or more) 39-14-602(d) Computer crimes violation in connection with act of terrorism 39-15-402 Aggravated child abuse or aggravated child neglect or endangerment where child 8 or less or vulnerable 39-15-502 Financial exploitation of elderly or vulnerable adult where amount unlawfully exploited is $60,000 or more (fine not less than $1,000) 39-17-417(j) Manufacture, delivery, sale, possession or conspiracy of certain amounts of drugs listed (fine not greater than $500,000) Class B Felonies Class and New Code Section Offense 39-11-117 Solicitation — First degree murder 39-12-205 RICO offense 39-13-102 Intentional or knowing aggravated assault by discharging firearm from within motor vehicle and victim is a minor 39-13-209 Voluntary manslaughter by discharging firearm from within motor vehicle and victim is a minor 39-13-213(b) Vehicular homicide involving intoxication 39-13-304 Aggravated kidnapping 39-13-307 Subjecting another to involuntary labor servitude where injury, extended duration, multiple victims, or victim less than 13 39-13-309 Trafficking for a commercial sex act 39-13-402 Aggravated robbery 39-13-404 Carjacking 39-13-503 Rape 39-13-504 Aggravated sexual battery 39-13-514(b)(3) Patronizing prostitution (intellectual disability or victim 15, 16 or 17 years of age) 39-13-515 Promoting prostitution where the prostitute is less than 18 years of age 39-13-518(c)(2) and (3) Continuous sexual abuse of a child 39-13-528 Soliciting minor to engage in Class A sexual offense 39-13-532 Statutory rape by authority [Ligature fi]gure 39-13-529(a) Induce minor to engage in sexual activity observed by another 39-13-806 Violations involving weapons of mass destruction 39-13-807 Providing material support to person committing act of terrorism 39-14-105(a)(5) Theft ($60,000 or more but less than $250,000). One classification higher if 5th or subsequent conviction in 2 year period and theft involved retail merchandise. 39-14-113 Organized retail crime involving stored value cards ($60,000-$250,000) 39-14-113 Organized retail crime involving stored value cards ($10,000-$59,999) if the defendant exercised organizational, supervisory, financial, or management authority over the activity of one (1) or more other persons in violation of section 39-14-114 Forgery ($60,000 or more but less than $250,000) 39-14-115 Criminal simulation ($60,000 or more but less than $250,000) 39-14-118 Illegal possession or fraudulent use of credit card or debit card ($60,000 or more) 39-14-121 Worthless checks ($60,000 or more but less than $250,000) 39-14-130 Destruction of valuable papers ($60,000 or more but less than $250,000) 39-14-133 Fraudulent or false insurance claims ($60,000 or more but less than $250,000) 39-14-137(b) Fraudulent qualifying for set aside contracts ($60,000 or more) 39-14-138 Theft of trade secrets ($60,000 or more but less than $250,000) 39-14-139 Sale of recorded live performances without consent ($60,000 or more but less than $250,000) 39-14-149 Communication theft ($60,000 or more but less than $250,000) 39-14-154 Home improvement fraud ($60,000 or more but less than $250,000) 39-14-205 Intentional killing of animals ($60,000 or more but less than $250,000) 39-14-208 Injuring guide dog ($60,000 or more but less than $250,000) 39-14-301 Arson of a place of worship 39-14-404 Especially aggravated burglary 39-14-408 Vandalism ($60,000 or more but less than $250,000) 39-14-408 Vandalism of retail merchant ($60,000 or more but less than $250,000) 39-14-411 Critical infrastructure vandalism ($60,000 or more but less than $250,000) 39-14-602 Alters, damages, or attempts to damage or destroy any computer, computer system or computer network or computer program or data ($60,000 or more) 39-14-603 Unsolicited bulk electronic mail ($60,000 or more but less than $250,000) 39-14-903 Money laundering offenses 39-14-903(e) Unlawful use of property to launder or transport criminal proceeds or to commit or facilitate TennCare fraud, on 5 or more occasions 39-15-402 Aggravated child abuse or aggravated child endangerment or neglect 39-15-502 Financial exploitation of elderly or vulnerable adult where amount unlawfully exploited is $10,000—59,999 (fine not less than $1,000) 39-15-508 Aggravated neglect of an elderly or vulnerable adult by a caregiver that results in serious bodily injury (minimum fine of $1,000) 39-15-511 Aggravated abuse of elderly or vulnerable adult involving deadly weapon or strangulation or resulting in serious bodily injury 39-16-102 Public servant accepting bribe or offering bribe to public servant 39-17-107 Adulteration of food, liquids or pharmaceuticals (serious bodily injury or death) 39-17-417(b) Manufacture, delivery, sale, possession, or conspiracy Schedule I drug (fine not greater than $100,000) 39-17-417(c) Manufacture, delivery, sale, possession, or conspiracy involving cocaine or methamphetamine in amounts of .5 grams or more (fine not greater than $100,000) 39-17-417(i) Manufacture, delivery, sale, possession, or conspiracy of certain amounts of listed drugs (fine not greater than $200,000) 39-17-435 Initiating process to result in manufacture of methamphetamine 39-17-455 Manufacture, delivery, sale, possession, or conspiracy involving methamphetamine in amounts of .5 grams or more (fine not greater than $100,000) 39-17-1003 Sexual exploitation of a minor more than 100 images 39-17-1004(b) Aggravated sexual exploitation of minor more than 25 images 39-17-1005 Especially aggravated sexual exploitation of minor 39-17-1307(b)(1)(A) Possession of [Ligature fi]rearm after convicted of felony involving the use or attempted use of force, violence, or a deadly weapon 39-17-1302 Possession of explosive or explosive weapon Class C Felonies Class and New Code Section Offense 39-13-102(a)(1),(b),(c) Intentional aggravated assault ($15,000 fine if committed against certain occupations while discharging duties) 39-13-102 Reckless aggravated assault by discharging firearm from within motor vehicle and victim is a minor 39-13-103 Reckless endangerment by discharging firearm into habitation 39-13-109 Criminal exposure of another to HIV 39-13-115 Aggravated vehicular assault 39-13-209 Reckless homicide by discharging firearm from within motor vehicle and victim is a minor 39-13-211 Voluntary manslaughter 39-13-213 Vehicular homicide by drag racing and where alcohol not involved 39-13-303 Kidnapping 39-13-307 Subjecting another to involuntary labor servitude 39-13-308 Trafficking in forced labor 39-13-315 Advertising commercial sexual abuse 39-13-401 Robbery 39-13-516 Aggravated prostitution 39-13-518(4) Continuous sexual abuse of a child 39-13-527 Sexual battery by authority figure 39-13-528 Soliciting minor to engage in Class B sexual offense 39-13-529(b) Adult engaging in sexual activity for viewing by minor less than 13 39-13-611 Aggravated unlawful photography 39-13-808(b)(2) Distribution or delivery of substance as a hoax device 39-14-105(a)(4) Theft ($10,000-$59,999) One classification higher if 5th or subsequent conviction in 2 year period and theft involved retail merchandise. 39-14-113 Organized retail crime involving stored value cards ($10,000-$59,999) 39-14-113 Organized retail crime involving stored value cards ($2,500-$9,999) if the defendant exercised organizational, supervisory, financial, or management authority over the activity of one (1) or more other persons in violation of section 39-14-114 Forgery ($10,000-$59,999) 39-14-115 Criminal simulation ($10,000-$59,999) 39-14-118 Illegal possession or fraudulent use of credit card or debit card ($10,000-$59,999) 39-14-121 Worthless checks ($10,000-$59,999) 39-14-130 Destruction of valuable papers ($10,000-$59,999) 39-14-133 Fraudulent or false insurance claims ($10,000-$59,999) 39-14-137(b) Fraudulent qualifying for set aside programs ($10,000-$59,000) 39-14-138 Theft of trade secrets ($10,000-$59,999) 39-14-139 Sale of recorded live performances without consent ($10,000-$59,000) 39-14-149 Communication theft ($10,000-$59,999) 39-14-150(c) Identity theft trafficking 39-14-154 Home improvement fraud ($10,000-$60,000) 39-14-205 Intentional killing of animals ($10,000-$59,999) 39-14-208 Injuring guide dog ($10,000-$59,999) 39-14-301 Arson 39-14-403 Aggravated burglary 39-14-408 Vandalism ($10,000-$59,999) 39-14-408 Vandalism of retail merchant ($10,000-$59,999) 39-14-411 Critical infrastructure vandalism ($10,000-$59,999) 39-14-602(b)(5) Violation of Tennessee Personal and Commercial Computer Act ($10,000-$59,999) 39-14-603 Unsolicited bulk electronic mail ($10,000-$59,999) 39-14-804 Theft of animal from or damage to an animal facility exceeding $500 39-15-201(b)(1) Criminal abortion 39-15-201(d) Abortion performed on nonresident 39-15-209(e)(1) Performance of partial birth abortion 39-15-215(f) Performing or inducing, or attempting to perform or induce, an abortion 39-15-216(b) Failure to determine the gestational age of the unborn child prior to performing or inducing, or attempting to perform or induce, an abortion. 39-15-216(c) Performing or inducing, or attempting to perform or induce, an abortion on a pregnant woman whose unborn child has a fetal heartbeat 39-15-217(f) Performing or inducing, or attempting to perform or induce an abortion because of the sex, race, or Down syndrome status of the unborn child 39-15-302 Incest 39-15-502 Financial exploitation of elderly or vulnerable adult where amount unlawfully exploited is $2,500—9,999 (fine not less than $1,000) 39-15-508 Aggravated neglect of an elderly or vulnerable adult by a caregiver that results in serious physical harm (minimum fine of $1,000) 39-15-511 Aggravated abuse of elderly or vulnerable adult resulting in serious psychological injury or serious physical harm 39-16-105 Buying and selling in regard to public offices 39-16-107 Bribing a witness 39-16-108 Bribing a juror 39-16-201 Introduction of weapons or explosives, into a state, county, or municipal penal institution 39-16-502(a)(3) Initiating or circulating false report of bomb, fire or other emergency 39-16-503 Tampering with or fabricating evidence 39-16-607(c)(3) Intentionally facilitating or permitting escape from penal institution 39-17-107 Adulteration of food, liquids or pharmaceuticals causing bodily injury 39-17-315(d)(1) Especially Aggravated Stalking 39-17-417(c) Manufacture, delivery, sale, or possession of Schedule II drug including cocaine or methamphetamine less than .5 grams (fine not greater than $100,000) 39-17-417(e) Manufacture, delivery, sale, or possession of flunitrazepam (fine not greater than $100,000) 39-17-417(g)(3) Manufacture, delivery, sale, or possession of 20-99 marijuana plants (fine not greater than $100,000) 39-17-454(g)(2) Second or subsequent offense of manufacturing, selling or possessing with the intent to manufacture or sell a controlled substance analogue 39-17-454(g)(3) Sale, dispensing or delivery of controlled substance analogue to a minor 39-17-455 Manufacture, delivery, sale, or possession of methamphetamine less than .5 grams (fine not greater than $100,000) 39-17-607(b) Attempting to influence lottery (maximum fine of $100,000) 39-17-1003 Sexual exploitation of a minor more than 50 images 39-17-1004 Aggravated sexual exploitation of a minor 39-17-1302(f)(3) Possession of a hoax device 39-17-1307(b)(1)(B) Possession of a [Ligature fi]rearm with a prior conviction for a drug felony 39-17-1324(b) Employing firearm during commission of a dangerous felony (6 year minimum if no prior record and 10 year minimum if prior dangerous felony conviction) 39-17-1324(g) Employing firearm during commission of a dangerous felony if prior conviction for a dangerous felony (15 year minimum) Class D Felonies Class and New Code Section Offense 39-13-102(a)(1)(B) Reckless aggravated assault ($15,000 fine if committed against certain occupations while discharging duties) 39-13-103 Reckless endangerment by discharging firearm or antique firearm into unoccupied habitation 39-13-106 Vehicular assault 39-13-110 Female genital mutilation, facilitation of or transportation for purpose of female genital mutilation 39-13-209 Criminally negligent homicide by discharging firearm from within motor vehicle and victim is a minor 39-13-213(a)(4) Vehicular homicide in construction zone 39-13-215 Reckless homicide 39-13-216 Assisted suicide 39-13-506 Aggravated statutory rape 39-13-515 Promoting prostitution if person being promoted has an intellectual disability 39-13-528 Soliciting minor to engage in Class C sexual offense 39-13-533 Promoting travel for prostitution 39-13-602 Unlawful wiretapping or electronic surveillance 39-13-605(d)(3) Dissemination of photographs and victim under 13 years of age 39-14-105(a)(3) Theft ($2,500-$9,999) One classification higher if 5th or subsequent conviction in 2 year period and theft involved retail merchandise. 39-14-112 Extortion 39-14-113 Organized retail crime involving stored value cards ($ 2,500-9,999) 39-14-113 Organized retail crime involving stored value cards ($1,001-$2,499) if the defendant exercised organizational, supervisory, financial, or management authority over the activity of one (1) or more other persons in violation of section 39-14-114 Forgery ($1,000-$9,999) 39-14-115 Criminal simulation ($2,500-$9,999) 39-14-118 Illegal possession or fraudulent use of credit card or debit card ($2,500-$9,999) 39-14-121 Worthless checks ($2,500-$9,999) 39-14-130 Destruction of valuable papers ($2,500-$9,999) 39-14-133 Fraudulent or false insurance claims ($2,500-$9,999) 39-14-137(b) Fraudulent qualifying for set aside programs ($2,500-$9,999) 39-14-138 Theft of trade secrets ($2,500-$9,999) 39-14-139 Sale of recorded live performances without consent ($2,500-$9,999) 39-14-147 Fraudulent transfer of motor vehicle valued at $20,000 or more 39-14-149 Communication theft ($2,500-$9,999) 39-14-150(b) Identity theft 39-14-154 Home improvement fraud ($2,500-$10,000) 39-14-205 Intentional killing of animals ($2,500-$9,999) 39-14-208 Injuring guide dog ($2,500-$9,999) 39-14-402 Burglary — other than habitation or auto 39-14-408 Vandalism ($2,500-$9,999) 39-14-408 Vandalism of retail merchant ($2,500-$9,999) 39-14-411 Critical infrastructure vandalism ($2,500-$9,999) 39-14-414 Unauthorized camping on state property 39-14-602(a) Violation of Tennessee Personal and Commercial Computer Act ($2,500-$9,999) 39-14-603 Unsolicited bulk electronic mail ($2,500-$9,999) 39-15-401(a) Child abuse where child is 6 or less 39-15-502 Financial exploitation of elderly or vulnerable adult where amount unlawfully exploited is $1,001—2,499 (fine not less than $1,000) 39-15-507 Neglect of a vulnerable adult (fine not less than ($1,000) 39-15-510 Knowing abuse of a vulnerable adult 39-15-513 False claim for reimbursement of value of unsolicited medical supplies 39-16-201 Introduction or possession of intoxicant or drugs or introduction of telecommunications device into state, county, or municipal penal institution 39-16-502(a)(1), (2) False report to law enforcement not involving bomb, fire or emergency 39-16-507 Coercion of a witness 39-16-603(b)(3)(B) Evading arrest in motor vehicle creating risk of injury to bystanders or pursuing law enforcement, 60 days mandatory 39-16-608 Introduction of escape implements into penal institutions 39-16-703 Aggravated perjury 39-17-309(b) Civil rights intimidation 39-17-314 Training for civil disorder 39-17-417(d) Manufacture, delivery, sale or possession of Schedule III drug (fine not greater than $50,000) 39-17-417(e) Manufacture, delivery, sale or possession of Schedule IV drug (fine not greater than $50,000) 39-17-417(g)(2) Manufacture, delivery, sale or possession of 10-70 pounds of Schedule VI drug marijuana (fine not greater than $50,000) 39-17-430 Prescribing or selling steroid for unlawful purpose 39-17-433 Promoting manufacture of methamphetamine 39-17-454(g)(1) Manufacture, sell or possess with intent to manufacture or sell a controlled substance analogue 39-17-607(a) Making counterfeit or altering lottery ticket (amounts not greater than $50,000) 39-17-608 Making material false statement on lottery application or record 39-17-654(c) Unauthorized person conducting charitable gaming event 39-17-1003 Sexual exploitation of a minor 39-17-1304(c)(2) Restrictions on firearms ammunition 39-17-1320(b) Parent knowingly providing handgun to juvenile 39-17-1324(a) Possession of firearm or antique firearm during attempt to commit dangerous felony (3 year minimum if no prior record and 5 year minimum if prior dangerous felony conviction) 39-17-1324(j) Possession of firearm or antique firearm during attempt to commit dangerous felony if prior conviction for dangerous felony (15 year minimum) Class E Felonies Class and New Code Section Offense 39-11-411 Accessory after the fact 39-13-111 Domestic assault 3rd offense depending on relationship (90 days mandatory confinement) 39-13-103 Reckless endangerment (deadly weapon involved) 39-13-108 Intentional escape from HIV quarantine 39-13-212 Criminally negligent homicide 39-13-306 Custodial interference where person not voluntarily returned by defendant 39-13-505 Sexual battery 39-13-506 Mitigated statutory rape and statutory rape 39-13-511 Indecent exposure where defendant is over 18, the victim is under 13 and the defendant has 2 or more prior convictions for indecent exposure or public indecency or the defendant is 18, the victim is under 13 and the offense occurs on property of school, day care center, at a time children likely to be present 39-13-515 Promoting prostitution 39-13-517 Public indecency where the defendant is masturbating on property of public school, day care center or other child care facility at a time defendant should know there are children present 39-13-526(b)(3) Violation of community supervision of sex offender where violation also a felony 39-13-528 Soliciting minor to engage in Class D sexual offense 39-13-529(c) Adult engaging in sexual activity for viewing by minor 39-13-604(c)(2) Knowing dissemination of illegally recorded cellular communication 39-13-605(d)(2) Dissemination of photographs of victim under 13 years of age 39-13-607(d)(2) Observation without consent (victim under the age of 13) 39-13-903(b) Unlawful use of an unmarried aircraft within 250 feet of a critical infrastructure facility 39-14-105(a)(2) Theft ($1,001-$2,499) One classification higher if 5th or subsequent conviction in 2 year period and theft involved retail merchandise. 39-14-113 Organized retail crime involving stored value cards ($1,001-$2,499) 39-14-113 Organized retail crime involving stored value cards ($1,000 or less) if the defendant exercised organizational, supervisory, financial, or management authority over the activity of one (1) or more other persons in violation of section 39-14-114(c) Forgery ($1,001-$2,499) 39-14-115 Criminal simulation ($1,001-$2,499) 39-14-116(c) Hindering secured creditors 39-14-117(b) Fraud in insolvency 39-14-118 Fraudulent use of credit card or debit card ($1,001-$2,499) 39-14-121 Worthless checks ($1,001-$2,499) 39-14-130 Destruction of valuable papers ($1,001-$2,499) 39-14-131 Destruction or concealment of will 39-14-133 Fraudulent or false insurance claim ($1,001-$2,499) 39-14-137(b) Fraudulent qualifying for set aside programs ($1,001-$2,499) 39-14-138 Theft of trade secrets ($1,001-$2,499) 39-14-139 Sale of recorded live performances without consent ($1,001-$2,499) 39-14-143 Unauthorized solicitation for police, judicial or safety associations 39-14-147(f) Fraudulent transfer of motor vehicle with value of less than $20,000 39-14-149 Communication theft ($1,001-$2,499 (fine only)) 39-14-154 Home improvement fraud ($1,001-$2,499) 39-14-202(f)(2) Animal cruelty (2nd or subsequent offense) 39-14-203(c)(1) Animal fighting (other than cock) 39-14-205 Intentional killing of animals ($1,001-$2,499) 39-14-205 Minimum punishment for killing service animal 39-14-208 Injuring guide dog ($1,001-$2,499) 39-14-212(d) Aggravated cruelty to animals 39-14-214 Bestiality 39-14-217 Aggravated cruelty to livestock animals 39-14-218 Failure to provide receipt for cremation of animal 39-14-303 Setting fire to personal property or land 39-14-402 Burglary of an auto 39-14-408 Vandalism ($1,001-$2,499) 39-14-408 Vandalism of retail merchant ($1,001-$2,499) 39-14-411 Critical infrastructure vandalism ($2,499 or less) 39-14-505 Aggravated criminal littering (2nd and 3rd offenses involving certain weight or volume) 39-14-602 Violation of Tennessee Personal and Commercial Computer Act ($1,001-$2,499) 39-14-603 Unsolicited bulk electronic mail ($1,001-$2,499) 39-14-704 Sale, purchase, possession or use of automated sales suppression device (Fine only up to $100,000) 39-14-903(d) Unlawful use of property to launder or transport criminal proceeds or to commit or facilitate TennCare fraud 39-15-101(d) Flagrant nonsupport 39-15-201(b)(2) Attempt to procure criminal miscarriage 39-15-202(d) Failure to observe waiting period before giving consent to abortion 39-15-206 Failure or refusal of physician or hospital to preserve the life of an infant delivered during an abortion 39-15-208 Unlawful use of aborted fetus 39-15-215(g) Failure to certify by an ultrasound technician or referring physician whose performance of an ultrasound is relied upon by a physician in performing or inducing, or attempting to perform or induce, an abortion without provided required notice. 39-15-218(j) Knowingly or recklessly performing or inducing, or attempting to perform or induce, an abortion without provided required notice. 39-15-401(b) Child neglect or endangerment where child 6 or less 39-15-502 Financial exploitation of elderly or vulnerable adult where amount unlawfully exploited is $1,000 or less (fine not less than $1,000) 39-15-507 Neglect of an elderly adult (fine not less than $1,000) 39-15-510 Knowing abuse of an elderly adult 39-16-104 Public servant soliciting unlawful compensation 39-16-201 Taking telecommunication device into penal institution 39-16-302 Impersonation of licensed professional 39-16-402 Official misconduct 39-16-403 Official oppression 39-16-408 Law enforcement officer, correctional employee, volunteer or vendor engaging in sex with inmate 39-16-409 Probation or parole officer engaging in sex with probationer or parolee 39-16-504 Destruction of or tampering with governmental records 39-16-508 Coercion of juror 39-16-510 Retaliation for past action 39-16-603 Evading arrest in motor vehicle, mandatory 30 days imprisonment 39-16-604 Compounding a felony 39-16-605(a) Escape from penal institution (felony) 39-16-605(c) Escape from lawful custody (held felony) 39-16-607(c) Correctional employee permitting or facilitating escape 39-16-609(e) Failure to appear (felony) 39-16-702(b)(2) Perjury on handgun permit application 39-16-702(b)(3) Perjury on sex offender registration form 39-16-705 Subornation of aggravated perjury 39-17-106 Gifts of adulterated candy or food 39-17-109 Violating airport security with intent to commit a felony 39-17-116 Preparing property transfer without interest in property 39-17-117 Filing lien to encumber property without legal basis 39-17-303 Aggravated riot 39-17-308(b) Harassment of victim by person convicted of crime 39-17-311 Desecration of a place of worship or burial 39-17-312 Abuse of corpse or sale or purchase of buried human skeletal remains 39-17-315(c)(1) Aggravated stalking 39-17-417(f) Manufacture, delivery, sale or possession of Schedule V drug (fine not greater than $5,000) 39-17-417(g)(1) Manufacture, delivery, sale or possession of not less than ½ ounce and not more than 10 pounds of Schedule VI drug marijuana (fine not greater than $1,000) 39-17-417(h) Manufacture, delivery, sale or possession of Schedule VII drug (fine not greater than $1,000) 39-17-418(e) Simple possession or casual exchange of controlled substance where person has 2 prior simple possession convictions and the current violation is for heroin. 39-17-422(c) Selling glue for unlawful purpose 39-17-423(c) Counterfeit controlled substance 39-17-425(b)(1), (2), (3) Unlawful drug paraphernalia uses and activities 39-17-453 Manufacture or sale of imitation controlled substance 39-17-455(b) Manufacturing marijuana concentrate by a process using inherently hazardous substance 39-17-504 Aggravated gambling promotion 39-17-506(c)(4) Lotteries, chain letters, and pyramid clubs ($10,000) 39-17-654(a) Engaging in gambling under pretense of charitable gaming event 39-17-656(b) Attempting to influence the winning of prize in charitable gaming event 39-17-657 Selling service in connection with charitable gaming event on contingency basis 39-17-902(b) Employment of minors in distribution of obscene material (fine $10,000-$100,000) 39-17-910 Sale of child-like sex doll (fine $10,000-$50,000) 39-17-1302(a)(2)-(4) Prohibited weapons 39-17-1304(c)(1) and (3) Firearm ammunition violation (hollow point explosive) 39-17-1306 Carrying weapons during judicial proceedings 39-17-1307(c) Possession of a handgun by person convicted of any felony 39-17-1307(d)(1) Unlawful possession of a dangerous weapon other than firearm with intent to employ it during commission of dangerous felony 39-17-1307(d)(2) Unlawful possession of a firearm with intent to employ it during commission of non-dangerous felony 39-17-1309 Carrying weapons on school property 39-17-1323 Committing violent or drug offense while wearing body vest or armor Class A Misdemeanors Class and New Code Section Offense 39-12-207(f)(2) Failure of trustee to notify investigative agency of RICO lien 39-13-101(a)(1) Assault with maximum fine of $15,000 (intentionally causing bodily injury to another) 39-13-101(a)(2) Assault (intentionally or knowingly causing another to fear imminent bodily injury) 39-13-102 Aggravated assault of public employee 39-13-103 Reckless endangerment (no weapon involved) 39-13-109 Criminal exposure to hepatitis B (HBV) and C (HCV) 39-13-111 Domestic assault 39-13-111 Domestic assault 2nd offense involving bodily injury (30 days mandatory incarceration) 39-13-111 Domestic assault 3rd or subsequent offense involving bodily injury (90 days mandatory incarceration) 39-13-113(g) Violation of protective or restraining order 39-13-113(h) Possession of firearm while order of protection in effect. 39-13-113(i) Violation of certain no contact orders issued as a condition of bond 39-13-302 False imprisonment 39-13-306 Custodial interference where person released voluntarily by the defendant 39-13-509 Sexual contact with a minor by an authority figure ($1,000 mandatory minimum fine) 39-13-509 Unlawful sexual contact by authority figure 39-13-511 Public indecency 3rd or subsequent offense 39-13-511 Indecent exposure where defendant is 18 and victim is under 13 or by person in penal institution exposing to a guard or staff member 39-13-513 Prostitution (near church or school) 39-13-514 Patronizing prostitute (near church or school) 39-13-517 Public indecency, 3rd or subsequent offense 39-13-526(b)(1), (2) Violation of community supervision by sex offender not constituting offense or constituting misdemeanor 39-13-528 Soliciting minor to engage in Class E sexual offense 39-13-604(c)(1) Interception of cellular communication 39-13-605(d)(1) Unlawful photographing in violation of privacy without dissemination and requirement of registration as sexual offender in discretion of judge. 39-13-606 Unlawful installation, concealment or placing of electronic tracking device in a leased motor vehicle 39-13-607 Observing or spying in violation of another's privacy without consent 39-13-608 Intercepting radio frequency transmission with intent to use information to commit crime 39-14-105(a)(1) Theft ($1,000 or less). One classification higher if 5th or subsequent conviction in 2 year period and theft involved retail merchandise. 39-14-106 Unauthorized use of automobiles and other vehicles 39-14-110 Knowingly recording motion picture with audiovisual recording device without consent 39-14-113 Organized retail crime involving stored value cards ($1,000 or less) 39-14-118 Fraudulent use of credit/debit card ($1,000 or less) 39-14-118 Illegal possession or fraudulent use of credit card or debit card where nothing obtained 39-14-121 Worthless checks ($1,000 or less) 39-14-128 Creating false impression of death 39-14-130 Destruction of valuable papers with intent to defraud 39-14-132 Misrepresentation of mileage on used motor vehicle odometer 39-14-133 Fraudulent or false insurance claims ($1,000 or less) 39-14-134 Alteration of item's permanent distinguishing numbers — selling or possession of such items 39-14-135 Manufacture, sale or possession of farm implement without serial number 39-14-136 Falsifying educational and academic records 39-14-137(b) Fraudulent qualifying for set aside programs ($1,000 or less) 39-14-138 Theft of trade secrets ($1,000 or less) 39-14-139 Sale of recorded live performances without consent ($1,000 or less) 39-14-143 Unauthorized solicitation for police, judicial or safety associations 39-14-148 False statement to obtain surety bond 39-14-149 Communication theft ($1,000 or less) (fine only) 39-14-150(k) Unlawful use or possession of scanning device 39-14-153 Obtaining housing project accommodations by falsely stating or concealing facts (Fine Only) 39-14-154 Home improvement fraud ($1,000 or less) 39-14-202(g)(1) Animal cruelty (1st offense) 39-14-202(g)(3) Violation of animal cruelty conditions or restrictions 39-14-203 Cock fighting 39-14-203 Causing a child to attend an animal fight 39-14-203 Being a spectator at an animal fight 39-14-203 Cock fighting paraphernalia 39-14-208 Injuring guide dog ($1,000 or less) 39-14-213(b) Dog is lost or killed because of removal of dog's electronic or radio transmitting collar 39-14-216(b), (c) Knowingly or recklessly maiming or inflicting harm upon a service animal 39-14-304 Reckless burning 39-14-406 Aggravated criminal trespass of a habitation, hospital, or on the campus of any public or private school, or on railroad property 39-14-406 Aggravated criminal trespass of posted construction, utility, electric or telephone property 39-14-408 Vandalism ($1,000 or less) 39-14-408 Vandalism of retail merchant ($1,000 or less) 39-14-410 Failure to obtain bill of sale in purchase of timber 39-14-505 Aggravated criminal littering 39-14-602 Violation of Tennessee Personal and Commercial Computer Act (up to $500) 39-14-603 Unsolicited bulk electronic mail ($1,000 or less) 39-14-701 Possession of burglary tools 39-14-702 Possession of explosive components 39-15-101(a) Nonsupport 39-15-201(b)(3) Coercion — abortion 39-15-210 3rd or subsequent violation of “Child Rape Protection Act of 2006” 39-15-301 Bigamy 39-15-401(a) Child abuse (where child is between ages 7-17) 39-15-401(b) Child neglect and endangerment (where child is between ages 7-13) 39-15-403 Tattooing of minors 39-15-404 Enticing a child to purchase intoxicating liquor — purchasing alcoholic beverage for child 39-15-404 Allow person 18-21 to consume alcohol on person's premises 39-15-414 Harboring or hiding a runaway child 39-15-512 Sexual exploitation of elderly or vulnerable adult 39-16-301(d)(2) Impersonation of a law enforcement officer or impersonation of a firefighter, medical fire responder, paramedic, emergency medical technician or any other first responder and while operating a demonstration vehicle or criminal impersonation with the intent to obtain something of value by pretending to be an active duty or veteran of uniformed service 39-16-301(d)(2) Impersonation of a law enforcement official while operating a motor vehicle, maximum fine $5,000 39-16-402 Official misconduct involving the obtaining and use of nonpublic information with intent to profit by transaction 39-16-407 Misrepresenting information to state auditor 39-16-410 Supervisor or employee of the state altering, concealing, interfering with or impeding an audit conducted by comptroller 39-16-507 Influencing or attempting to influence a witness in a domestic assault proceeding 39-16-509 Improper influence of juror 39-16-511 Compensation for past action of juror 39-16-512 Receipt of compensation for past action of juror 39-16-514 Dismissal of employee because of jury service 39-16-515 Pointing laser device at law enforcement officer 39-16-602 Resisting stop, frisk, halt, arrest, or search (weapon involved) 39-16-603 Evading arrest while not operating motor vehicle 39-16-604 Compounding a misdemeanor 39-16-605(a) Escape from penal institution (misdemeanor or civil confinement) 39-16-605(c) Escape from lawful custody (held for misdemeanor or civil confinement) 39-16-609(d) Failure to appear for Class B or C misdemeanor 39-16-702 Perjury 39-16-705 Subornation of perjury 39-17-104 Safety devices on refrigerators required 39-17-108 Tampering with construction signs and barricades and travel on closed roads 39-17-109 Violating airport security 39-17-111 Alteration of machine warning device (fine only up to $2,500) 39-17-112(a) Selling false academic degree 39-17-114 Transporting illegal alien for financial gain (fine only of $1,000) 39-17-115 Manufacturing or submitting false identification to obtain or maintain employment 39-17-302 Riot 39-17-304 Inciting to riot 39-17-308(a) Harassment 39-17-309(c) Wearing disguise with intent to intimidate 39-17-311 Desecration of state or national flag 39-17-315 Stalking 39-17-318 Unlawful exposure of another by distributing intimate pictures 39-17-418 Casual exchange or simple possession of drugs (fine not greater than $500) 39-17-422(a), (b), (d) Inhaling, or possessing glue for unlawful purposes 39-17-423(d) Counterfeit controlled substances (recipient) 39-17-425(a), (c) Unlawful drug paraphernalia uses and activities 39-17-426 Delivery, sale or possession of jimsonweed 39-17-431 Unlawful dispensing of immediate methamphetamine precursor, sale of meth precursor to person on methamphetamine registry or purchase by someone on registry, possess meth precursor with intent to sell to another for unlawful use, purchase meth precursor for another for unlawful use, purchase meth precursor at different times and places to circumvent limits, and use false ID to purchase meth precursor for purpose of circumventing limits 39-17-437 Using substance or device to falsify drug test results and selling synthetic urine 39-17-438 Possession of the hallucinogenic plant salvia divinorum or the synthetic cannabinoids 39-17-452 Sale or possession of synthetic derivatives or analogues of methcathinone 39-17-453(b) Consumption of imitation controlled substance for purpose of intoxication 39-17-453(c) Possession of imitation controlled substance for purpose of use 39-17-454(d) Simple possession or casual exchange of up to 1 gram of a controlled substance analogue 39-17-454(f) Representing or advertising that a substance is a controlled substance analogue 39-17-455(c) Permitting marijuana concentrate to be manufactured on premises by process using inherently hazardous substance 39-17-506(c)(3) Lotteries, chain letters and pyramid clubs ($250-$10,000) 39-17-602 Sale of lottery ticket to person under 18 — 2nd or subsequent violation 39-17-604 Sale of lottery ticket by other than lottery retailer 39-17-652 Conducting more than one charitable gaming event for same organization 39-17-654(b) Unauthorized person conducting charitable gaming event 39-17-655(a)(3) Making false statement in charitable gaming application 39-17-655(a)(4) Making false statement in charitable gaming financial accounting 39-17-656(a) Counterfeiting charitable gaming ticket 39-17-703 Receiving, possessing and transporting alcoholic beverages 39-17-704 Transportation of alcoholic beverages by common carriers 39-17-706 Manufacture of alcoholic beverages 39-17-713 Unauthorized storage of liquor for sale 39-17-902(a) Importing, preparing, distributing, processing, or appearing in obscene material or exhibition — 1st offense 39-17-907 Unlawful exhibition of obscene material 39-17-909 Promoting a gathering of minors in public place for purpose of providing the minors with a location to engage in public indecency 39-17-910 Possession of child-like sex doll 39-17-911 Sale or loan to minors of harmful materials 39-17-918 Unlawful massage or exposure of erogenous areas 39-17-1103 Sports bribery 39-17-1302(a)(6)-(7) Possession of prohibited weapons 39-17-1303 Unlawful sale of firearm 39-17-1307(a)(2) Unlawful possession of weapon in public places 39-17-1307(f)(1)(A) Possession of firearm after being convicted of misdemeanor crime of domestic violence 39-17-1307(f)(1)(B) Possession of firearm while order of protection is in effect 39-17-1307(f)(1)(C) Possession of firearm while prohibited by state or federal law 39-17-1311 Carrying weapon in public park with intent to go armed 39-17-1312 Failure of adult to report juvenile carrying gun in school 39-17-1316 Purchasing or attempting to purchase firearm when prohibited or selling or attempting to sell to person prohibited 39-17-1316 Transferring firearm to person judicially committed, adjudicated as mental defective, or receiving inpatient mental health treatment 39-17-1320(a) Non parent providing handgun to a juvenile 39-17-1321 Possession of handgun while under influence of intoxicant or possession of firearm in establishment serving alcohol while consuming alcohol 39-17-1352 Failure to surrender handgun carry permit upon suspension 39-17-1363 Violent felon owning or possessing vicious dog Class B Misdemeanors Class and New Code Section Offense 39-13-101(a)(3) Assault (offensive or provocative physical contact) 39-13-114 Communicating threat concerning school employee 39-13-511(a) Public indecency — 1st or 2nd offense (punishable by $500 fine only) 39-13-511 Indecent exposure with no statutory aggravating factors 39-13-513(b)(1) Prostitution 39-13-514(b)(1) Patronizing prostitution 39-13-517 Public indecency, 1st or 2nd offense 39-13-904 Unlawful use of unmanned aircraft to take image and display or distribution of image 39-14-119 Falsely reporting credit card or debit card lost, stolen, or mislaid 39-14-120 Issuing false financial statement 39-14-127 Deceptive business practices 39-14-147(b)(4) Fraudulent transfer of motor vehicle — failure to disclose location to owner 39-14-202(f)(2) Interfering with customary agricultural practices on animals 39-14-213(a) Removing electronic or radio transmitting collar from dog to prevent owner from locating dog 39-14-305 Leaving fire near woodland unattended 39-14-406 Aggravated criminal trespass (other than habitation, hospital or school) 39-14-412 Mailbox vandalism, defacement of state property with graffiti 39-14-413 Throwing or shooting object at train, bus, motorcycle, watercraft 39-14-504 Criminal littering 39-14-507 Hauling litter in unsecured manner 39-14-602(b)(3) Maliciously introducing contaminant or virus into computer system 39-14-803(c) Damaging animal facility or freeing animals therein (damage less than $500) 39-15-412(b) Disseminating smoking paraphernalia to minor after 3 prior violations 39-16-301(b) Criminal impersonation other than law enforcement officer ($500) fine maximum if involving driver license 39-16-304 Misrepresentation of a service or support animal for purposes of housing 39-16-404 Misuse of official information by public servant 39-16-516 Citation quotas established or required by public officials or employees (fine only) 39-16-602 Resisting stop, frisk, halt, arrest, or search (no weapon), obstructing service of process 39-16-610 Use of a radar jamming device to interrupt law enforcement signals 39-17-103 Abandonment of airtight containers 39-17-113 Seller of radar detection or jamming device paying traffic citation of purchaser 39-17-116 Filing records of property transfer when transferor has no interest to convey 39-17-306 Disrupting or obstructing meeting or procession 39-17-313 Aggressive Panhandling (2nd or subsequent offense) 39-17-317 Disorderly conduct at funerals 39-17-503 Gambling promotion 39-17-505 Possession of gambling device or record 39-17-506(c)(2) Making a lottery, chain letter or pyramid club ($50-$250) 39-17-602 Sale of lottery ticket to minor (1st offense) 39-17-655(a)(1) Failure to file charitable gaming financial accounting 39-17-702 Unlawful sale of alcoholic beverages without license 39-17-707 Possession of still 39-17-1104 Possession of software for purpose of interfering with operations of ticket seller 39-17-1307 Unlawful possession of weapon with intent to go armed (2nd or subsequent offense) 39-17-1309(c) Carrying firearm on school property absent intent to go armed 39-17-1317 Confiscation and disposition of confiscated weapons in unlawful manner 39-17-1358 Violation of handgun permit law not otherwise provided (fine only not to exceed $500) 39-17-1359 Possession of a weapon on posted property 39-17-1362 Displaying in threatening manner an imitation firearm 39-17-1402 Conveying dangerous materials to metals recycling facility without consent 39-17-1606 Failure to comply with or enforce Children's Act for Clean Indoor Air (fine only not to exceed $500) Class C Misdemeanors Class and New Code Section Offense 39-13-306 Noncustodial parent removing child from state during lawful visitation period with intent to violate court order 39-13-903 Unlawful use of unmanned aircraft to take image or drop item or substance into on private property, at open-air, ticketed outdoor venue, use within or over fireworks display site, on grounds of correctional facility, or use unlawfully obtained image 39-13-904 Unlawful use of unmanned aircraft to take image and possess or distribute 39-14-129 Seller failing to label fruits, berries, vegetables—Repealed 2015 PC 338 39-14-204 Unlawful sale or transportation of dyed baby fowl and rabbits 39-14-206 Taking fish caught by another 39-14-209 Failure to disqualify sored horse during horse show 39-14-210 Interference with agent of Society for the Prevention of Cruelty to Animals in performance of duties regarding acts of animal cruelty 39-14-216(d) Interfering with the duties of a service dog 39-14-306 Setting fire at certain times without permit 39-14-405 Criminal trespass 39-14-407 Trespass using motor vehicle on commercial property (fine only) 39-14-503 Mitigated criminal littering (fine only) 39-14-602(b)(1) Intentionally and without authorization accessing computer system or network 39-15-408 Dissemination of smoking paraphernalia to minor 39-15-409 Individual aged 18 to 21 acquiring smoking paraphernalia 39-15-410(a) Dissemination of smoking paraphernalia to minor without requiring proof of age 39-15-410(b) Person aged 18 to 21 presenting false identification to acquire smoking paraphernalia 39-15-411 Failure to display warning sign or decal relative to sale of smoking paraphernalia to minors 39-16-303 Using a false identification to obtain goods 39-16-405 Public official purchasing property at court sale (fine only) 39-16-610 Possessing, selling or operating vehicle with a radar jamming device 39-17-101 Handling snakes in manner endangering life 39-17-102 Unlawful disposal of raw sewage 39-17-105 Charge for use of public toilet facility 39-17-110 Attaching signs to interstate highway fences and barriers 39-17-112(b) Use of false academic degree 39-17-305 Disorderly conduct 39-17-307 Obstructing highway or other passageway 39-17-310 Public intoxication 39-17-313 Aggressive panhandling (1st offense) 39-17-421 Substitution of drugs in filling prescriptions 39-17-502 Gambling 39-17-506(c)(1) Making a lottery, chain letter or pyramid club ($50 or less) 39-17-507 Making an unlawful customer referral rebate 39-17-605 Failure of lottery retailer to display certificate of authorization 39-17-606 Failure of lottery retailer to display required signage relative to sales to minors 39-17-651 Selling charitable gaming ticket longer than allowable period 39-17-653 Conducting charitable gaming event at unauthorized location 39-17-655(a)(2) Failure to timely file charitable gaming accounting 39-17-715 Possession of or consuming alcoholic beverages on K-12 school premises 39-17-914 Display for sale or rental of material harmful to minors 39-17-1101 Engaging in unlawful prize fighting, brutal sports 39-17-1307(a)(1) Possession of a weapon not in public place but with intent to go armed 39-17-1350(f)(6)(B) Failure to return identification card authorizing holder to carry firearm when holder no longer vested corrections officer (fine only $50) 39-17-1504 Sale of tobacco and vapor products to person under 18 or purchasing tobacco or vapor products on behalf of minor 39-17-1510 Violation of Prevention of Youth Access to Tobacco, Smoking Hemp, and Vapor Products Act 39-17-1702 Parent of minor who violates established curfew Click to view table. Compiler's Notes. Former chapter 35, §§ 40-35-101 — 40-35-112 , 40-35-201 — 40-35-214 , 40-35-301 — 40-35-316 , 40-35-401 — 40-35-403 , 40-35-501 — 40-35-504 (Acts 1982, ch. 868, § 1; T.C.A., §§ 40-35-108 , 40-43-101 — 40-43-104 , 40-43-106 , 40-43-107 , 40-43-109 — 40-43-112 , 40-43-201 — 40-43-205 , 40-43-207 — 40-43-212 , 40-43-214 , 40-43-301 — 40-43-304 , 40-43-306 — 40-43-309 , 40-43-311 — 40-43-315 , 40-43-401 — 40-43-403 , 40-43-501 — 40-43-504 ), concerning the Tennessee Criminal Sentencing Reform Act of 1982, was repealed by Acts 1989, ch. 591, § 6. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Authorized terms of imprisonment and fines for felonies and misdemeanors, § 40-35-111 . Sentence ranges, § 40-35-112 . Three strikes law, § 40-35-120 . Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, § 45. Law Reviews. Let's Talk About Sexting, Baby: A Mens Rea-Centered Approach to the Sexting Issue in Tennessee (Emily Long), 42 U. Mem. L. Rev. 1139 (2012).