Tennessee § 41-3-104 - Detention for failure to pay fines and costs.
Full text of Tennessee Tennessee Code Annotated § 41-3-104 — Detention for failure to pay fines and costs., with citation guidance and answers to common questions.
§ 41-3-104. Detention for failure to pay fines and costs.
If a prisoner is confined for failure to pay a fine and costs, the prisoner shall be detained until the fine and costs, except litigation tax, have been paid by the proceeds of the prisoner's labor. Code 1858, § 5415; Shan., § 7395; mod. Code 1932, § 12002; T.C.A. (orig. ed.), § 41-1404. Code Commission Notes. Provisions of this section concerning imprisonment for failure to pay costs may be affected by Anderson v. Ellington, 300 F. Supp. 789 (M.D. Tenn. 1969), which held that imprisonment for nonpayment of costs violates the United States Constitution. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 32.193.
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 41-3-104
What does Tennessee Code Annotated § 41-3-104 cover?
Section 41-3-104 ("Detention for failure to pay fines and costs.") 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 § 41-3-104?
A common citation format is "Tennessee Code Annotated § 41-3-104" (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 § 41-3-104 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.