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Home » US Law » 2021 Tennessee Code » Title 39 - Criminal Offenses » Chapter 16 - Offenses Against Administration of Government » Part 4 - Misconduct Involving Public Officials and Employees

§ 39-16-401. Definitions for Public Misconduct Offenses

As used in this part, unless the context otherwise requires: “Act” means a bodily movement, whether voluntary or involuntary, and includes speech; “Law” means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, or a rule authorized by and lawfully […]

§ 39-16-402. Official Misconduct

A public servant commits an offense who, with intent to obtain a benefit or to harm another, intentionally or knowingly: Commits an act relating to the public servant’s office or employment that constitutes an unauthorized exercise of official power; Commits an act under color of office or employment that exceeds the public servant’s official power; […]

§ 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, […]

§ 39-16-404. Misuse of Official Information

A public servant commits an offense who, by reason of information to which the public servant has access in the public servant’s official capacity and that has not been made public, attains or aids another to attain a benefit. An offense under this section is a Class B misdemeanor.

§ 39-16-405. Purchasing Property Sold Through Court

A judge, sheriff, court clerk, court officer or employee of any court commits an offense who bids or purchases, directly or indirectly, for personal reasons or for any other person, on any kind of property sold through the court for which the judge, sheriff, court clerk, court officer, or employee discharges official duties. A bid […]

§ 39-16-406. Suspension, Removal and Discharge From Office

A public servant convicted under § 39-16-402, § 39-16-403 or § 39-16-404 shall be removed from office or discharged from the position. A public servant elected or appointed for a specified term shall be: Suspended without pay immediately upon conviction in the trial court through the final disposition of the case; Removed from office for […]

§ 39-16-407. Misrepresenting Information to State Auditor

A public servant commits an offense who, with intent to deceive, knowingly misrepresents material information related to an audit conducted by an auditor in the department of audit. A violation of this section is a Class C misdemeanor.

§ 39-16-408. Sexual Contact With Inmates

For purposes of this section, unless the context otherwise requires: “Law enforcement officer” and “correctional employee” include a person working in that capacity as a private contractor or employee of a private contractor; and “Volunteer” means any person who, after fulfilling the appropriate policy requirements, is assigned to a volunteer job and provides a service […]

§ 39-16-409. Sexual Contact With Probationer or Parolee

For purposes of this section, unless the context otherwise requires: “Probation and parole officer” means a probation and parole officer as defined in § 40-28-102; and “Probationer or parolee” means any individual who is placed on probation or parole, as defined in § 40-28-102, and who is under the active supervision of the department of […]

§ 39-16-410. Unlawful Acts Related to Audits

It is an offense for a supervisor to intentionally: Instruct, direct, or encourage an employee to make a false statement, entry, notation, or report during or in relation to an audit; Alter, destroy, or conceal information, documentation, or material having evidentiary value to an audit; or Interfere with, impede, obstruct, or limit access to any […]