Tenn. Code § 40-35-118

Current through Acts 2023-2024, ch. 1069

Section 40-35-118 - [For list of classification for current offenses, see the compiler's note in section 40-35-110] Classification of repealed pre-1989 offenses

(a) For the purpose of determining the classification of felony offenses in title 39 committed prior to November 1, 1989, the following classifications shall be used:

Code Section	Offense	Class
39-3703	First degree criminal sexual conduct	A
39-1-604, 606	Conspiracy to take a human life	A
39-2-103	Assault with intent to commit first degree murder	A
39-2-202	First degree murder	A
39-2-212	Second degree murder	A
39-2-301(c)	Aggravated kidnapping	A
39-2-305	Prisoners holding hostages	A
39-2-304	Unlawful representation to obtain ransom	A
39-2-603	Aggravated rape	A
39-2-640	Abduction of female from parents or guardian for purposes of prostitution	A
39-3-201	Aggravated arson	A
39-3-701	Willful injury by explosives	A
39-5-803	Treason	A
39-6-109	Adulteration of foods, liquors or pharmaceuticals (death occurs)	A
39-6-204	Obstruction or damage to railroad tracks resulting in death	A
39-6-619(a)	Killing an officer while arresting a person on a charge of unlawful gaming	A
39-6-915(a)	Furnishing intoxicating liquor which results in death (second degree murder)	A
39-3704	Second degree criminal sexual conduct	B
39-1-607	Conspiracy to sabotage a nuclear production facility	B
39-1-609	Conspiracy to commit illegal act capable of destroying human life by possession, use or transportation of explosives	B
39-1-610	Conspiracy by convicts to kill	B
39-2-301(e)	Assault with intent to commit or attempt to commit aggravated kidnapping	B
39-2-303	Kidnapping child under 16	B
39-2-501	Robbery by use of a deadly weapon	B
39-2-502	Bank robbery	B
39-2-604	Rape	B
39-2-606	Aggravated sexual battery	B
39-3-210	Causing injury to person by use of fire bomb	B
39-4-422	Aggravated child abuse	B
39-5-712	Rebellion by convict with intent to kill or escape	B
39-6-109	Adulteration of food product or drug (injury)	B
39-6-203	Obstruction or damage to railroad tracks resulting in injury	B
39-6-417(a)(1)(A)	Manufacture, delivery, sale or possession with intent to do same of Schedule I controlled substance	B
39-6-417(c)	Manufacture, delivery or sale of certain amount of controlled substances	B
39-6-417(d)	Habitual drug offender	B
39-6-418	Person over 18 distributing Schedule I controlled substance to person under 18 who is at least 3 years such person's junior	B
39-6-418	Person over 18 distributing Schedule II controlled substance to person under 18 who is at least 3 years such person's junior	B
39-6-419	Second or subsequent conviction for violation of § 39-6417, Schedule I	B
39-6-419	Second or subsequent conviction for violation of § 39-6417, Schedule II	B
39-6-619(b)	Wounding officer while arresting person on charge of unlawful gaming	B
39-6-1137	Using minors for obscene purposes	B
39-1-503	Attempt to commit sabotage	C
39-1-606	Conspiracy to inflict punishment, take human life or burn or destroy property	C
39-1-610	Conspiracy by convicts to escape	C
39-2-101	Aggravated assault	C
39-2-107	Assault from ambush with a deadly weapon	C
39-2-109	Assault with deadly weapon while in disguise	C
39-2-110	Assault by a juvenile 16 or older confined in an institution	C
39-2-111	Mayhem	C
39-2-112	Malicious shooting or stabbing	C
39-2-115	Shooting or throwing missile calculated to cause death or bodily injury at or into a dwelling or vehicle	C
39-2-116	Throwing object at common carrier vehicle with intent to do bodily harm where bodily harm occurs	C
39-2-117	Injury to person during state of emergency	C
39-2-118	Negligence by steamboat operator causing death	C
39-2-222	Voluntary manslaughter	C
39-2-231(a)	Vehicular homicide as a result of conduct creating sub-stantial risk of death or serious bodily injury	C
39-2-231(b)	Vehicular homicide as a result of driver's intoxication	C
39-2-234	Negligence by train operator resulting in death	C
39-2-302	Kidnapping	C
39-2-501	Robbery	C
39-2-608(a)	Assault with intent to commit rape	C
39-2-612	Crimes against nature	C
39-2-613	Forcible marriage or abduction of female	C
39-3-202	Setting fire or procuring same on building or structure	C
39-3-205	Burning of insured property	C
39-3-401	Burglary of dwelling by night	C
39-3-403	Burglary of dwelling by day	C
39-3-702	Manufacture/possession of explosives for burglarious purposes or burglary with explosives	C
39-3-703	Malicious injury to structures with explosives	C
39-4-306	Incest	C
39-5-101	Bribery or offering to bribe officer	C
39-5-102	Officer accepting bribe	C
39-5-103	Bribing or offering to bribe peace officer or state, county or municipal employee	C
39-5-105	Bribery of court official or juror	C
39-5-106	Court official or juror accepting bribe	C
39-5-108	Offering bribe to officer selecting or summoning jury	C
39-5-109	Officer accepting bribe or permitting deputy to violate § 39-5-108 or § 39-5-420	C
39-5-112(a)	Bargaining sales in regard to public office	C
39-5-112(b)	Sale of public office	C
39-5-112(c)	Offer to buy public office	C
39-5-112(d)	Refusal to qualify and discharge duties of public office by reason of pecuniary consideration	C
39-5-112(e)	Procuring resignation of officer	C
39-5-115	Bribery of witness in felony prosecution	C
39-5-201	Introduction of prohibited items upon or onto grounds of penal institution	C
39-5-202	Introduction of weapons or drugs in the local jail or workhouse	C
39-5-408	Use of public money by state treasurer or other public officer	C
39-5-409	Embezzlement of public money or property	C
39-5-508	Corruptly stealing, withdrawing or avoiding records and judicial proceedings	C
39-5-522	Juror agreeing to give verdict or receiving improper evidence	C
39-5-804	Misprision of treason	C
39-5-805	Sedition	C
39-5-813	Destruction, injury or interference with property so as to hinder preparation for defense or war	C
39-5-814	Causing defects in war preparation	C
39-6-417(a)(1)(B)	Manufacture, delivery, sale or possession of Schedule II controlled substances	C
39-6-418	Person over 18 distributing Schedule III controlled substances to person under 18 who is 3 years such person's junior	C
39-6-418	Person over 18 distributing Schedule IV controlled substances to person under 18 who is 3 years such person's junior	C
39-6-419	Second or subsequent conviction for violation of § 39-6417, Schedule III	C
39-6-419	Second or subsequent conviction for violation of § 39-6417, Schedule IV	C
39-6-915(a)	Furnishing intoxicating liquor which causes death (voluntary manslaughter)	C
39-6-915(b)	Furnishing intoxicating liquor which causes paralysis or impairment of sight	C
39-6-1138(b)	Promoting performances which include sexual conduct by child	C
39-6-1138(c)	Parents consenting to child's participation in performance which includes sexual conduct	C
39-3705	Third degree criminal sexual conduct	D
39-1-504	Attempt to destroy property by fire bomb	D
39-1-604(a)	Conspiracy to commit felony on person of another	D
39-1-604	Conspiracy to indict or prosecute innocent person for felony	D
39-1-605	Conspiracy to commit offense against state or violate election laws	D
39-1-606	Conspiracy to destroy property	D
39-1-608	Conspiracy to commit arson	D
39-1-609	Conspiracy to commit illegal act capable of destroying property by possession, use or transportation of explosives	D
39-1-613	Conspiracy to use fire bomb	D
39-2-104	Assault with intent to commit robbery	D
39-2-701	Threats for purpose of extortion or obtaining action	D
39-2-702	Use of intimidation or coercion to influence state official	D
39-2-707	Night riders using intimidation to prevent disposal of farm products	D
39-2-708	Night riders using intimidation to compel dismissal of laborers	D
39-2-709	Inciting or conspiring to commit offense under § 39-2707 or § 39-2-708	D
39-2-710	Burning of cross or religious symbol	D
39-3-125	Stealing livestock	D
39-3-129	Receiving stolen livestock	D
39-3-204	Setting fire to any material or thing with intent to burn building or other thing	D
39-3-402	Breaking after entry into dwelling	D
39-3-404	Burglary of business	D
39-3-505	Misuse of credit card over $200	D
39-3-506	Misrepresentation of amount of money, goods, and services furnished on credit card where difference exceeds $100	D
39-3-512	Obtaining goods, property or services by false or fraudulent use of credit card over $200	D
39-3-607	Interference with E.F.T.S. system	D
39-3-703(a)	Malicious injury to structures with explosives	D
39-3-901	Obtaining property by false pretense over $200	D
39-3-902	Receiving property obtained under false pretense over $200	D
39-3-906	Fraudulent breach of trust by disposition of collateral or proceeds under security agreement over $200	D
39-3-907	Fraudulent breach of trust over $200	D
39-3-927(a)	Disposal of consumer goods subject to UCC security interest over $200	D
39-3-927(b)	Disposal of property covered by mortgage or trust deed over $200	D
39-3-932	Destruction or concealment of public records over $200	D
39-3-946	False personation to obtain property over $200	D
39-3-1104	Grand larceny	D
39-3-1106	Larceny from the person	D
39-3-1107	Feloniously stealing or taking by robbery any public records or valuable papers	D
39-3-1109	Corruptly stealing, withdrawing or avoiding public papers	D
39-3-1111	Severing and carrying away fixtures, products or minerals from land over $200	D
39-3-1112	Receiving stolen goods valued over $200	D
39-3-1114	Receiving personal property stolen out of state over $200	D
39-3-1115	Bringing stolen property into state over $200	D
39-3-1116	Receiving stolen public records or valuable papers	D
39-3-1117	Wrongful appropriation of property found over $200	D
39-3-1118	Appropriation of property by person having custody over $200	D
39-3-1119	Contract of bailment or agency to make wrongful appropriation over $200	D
39-3-1120	Conversion of trust fund by executor, administrator, guardian or trustee over $200	D
39-3-1121	Embezzlement by private officer, clerk or employee over $200	D
39-3-1123	Receiving embezzled property over $200	D
39-3-1132	Transfer of recorded devices or manufacture or distribution without consent of owner (second offense)	D
39-3-1404(b)	Intentionally damaging or destroying computer system	D
39-3-1404(c)	Concealing proceeds of computer crime	D
39-4-206	Failure to preserve life of infant prematurely born alive during abortion	D
39-5-104	Peace officer or state, county or municipal employee accepting bribe	D
39-6-211	Destruction of steamboat of value over $500	D
39-6-417(a)(1)(C)	Manufacture, delivery or sale of Schedule III controlled substance	D
39-6-417(a)(1)(D)	Manufacture, delivery or sale of Schedule IV controlled substance	D
39-6-418	Person over 18 distributing Schedule V controlled substances to person under 18 who is 3 years such person's junior	D
39-6-418	Person over 18 distributing Schedule VI controlled substance to person under 18 who is 3 years such person's junior	D
39-6-418	Person over 18 distributing Schedule VII controlled substance to person under 18 who is 3 years such person's junior	D
39-6-419	Second or subsequent conviction for violation of § 39-6417, Schedule V	D
39-6-419	Second or subsequent conviction for violation of § 39-6417, Schedule VI	D
39-6-419	Second or subsequent conviction for violation of § 39-6417, Schedule VII	D
39-1-307	Accessories after the fact	E
39-1-504	Attempt to destroy property by fire bomb	E
39-1-506	Attempt to destroy property by placing explosives	E
39-1-611	Conspiracy by juvenile 16 or older confined in an institution to commit offenses outlined in § 39-1-110 (assault by juvenile 16 or older confined in institution), § 39-2344 (participation in riot by juvenile 16 or older confined in an institution)	E
39-1-614	Conspiracy to commit sabotage	E
39-1-615	Conspiracy to riot	E
39-2-102	Assault with intent to commit felony	E
39-2-118	Negligence by steamboat operator causing injury	E
39-2-223	Involuntary manslaughter	E
39-2-605	Statutory rape	E
39-2-607	Sexual battery	E
39-2-608(b)	Assault with intent to commit sexual battery	E
39-2-635	Procuring female for prostitution	E
39-2-639	Enticing female, previously reputed virtuous, to house of ill fame	E
39-3-102	Unlawful killing of horses, cattle, or sheep	E
39-3-105	Animal fighting other than cocks	E
39-3-203	Setting fire to property other than building or structure	E
39-3-206	Maliciously setting a fire on land of another	E
39-3-209	Causing fire of personal property by use of fire bomb	E
39-3-211	Possession of fire bomb or materials	E
39-3-212	Manufacture or disposal of fire bomb	E
39-3-301	Knowingly drawing check or order in excess of $100 without sufficient funds	E
39-3-306	Employer giving employee check in excess of $100 with fraudulent intent	E
39-3-406	Breaking into vehicles	E
39-3-408	Carrying burglary tools	E
39-3-503	False statement to procure credit card	E
39-3-504	Credit card theft or forgery	E
39-3-505	Misuse of credit card under $200	E
39-3-506	Misrepresentation of amount of money, goods or services furnished on credit card where difference does not exceed $100	E
39-3-507	Completion of incomplete credit card or duplication without consent of owner	E
39-3-508	Receipt of money, goods or services obtained in violation of credit card laws	E
39-3-512	Obtaining goods, property or services by false or fraudulent use of credit card under $200	E
39-3-603	Making false statements to obtain issuance of debit card	E
39-3-604	Debit card offenses under $200	E
39-3-605	Misuse of debit cards under $200	E
39-3-606	Completion of incomplete or duplication of debit card without consent of owner	E
39-3-608	Use of stolen cards or illegally possessed debit card	E
39-3-609	Misrepresentation of amount of money, goods or services furnished on debit card	E
39-3-610	Card holder using card after reporting it stolen or lost	E
39-3-703(b)	Malicious injury to personal property over $25.00 with explosives	E
39-3-706	Unauthorized possession or transportation of explosives	E
39-3-710	False or malicious reports of explosives in building or structure	E
39-3-711	Convicted felon carrying explosives	E
39-3-803	Forging or counterfeiting of instrument or currency	E
39-3-804	Transfer of forged paper	E
39-3-805	Making counterfeit instrument of fictitious corporation or person	E
39-3-806	Affixing fictitious signature to instrument of fictitious corporation or company	E
39-3-807	Passing counterfeit bank bill which circulates as currency	E
39-3-808	Possession of counterfeit bank bill	E
39-3-809	Completing counterfeit bills or instruments	E
39-3-810	Altering counterfeit bills or instruments	E
39-3-811	Preparation of counterfeit stamp or plate	E
39-3-812	Possession of counterfeit stamp or plate	E
39-3-813	Making bank paper	E
39-3-814	Making or mending paper, molds, or machines used in preparing bank paper	E
39-3-815	Counterfeiting coin	E
39-3-816	Adulteration of coin	E
39-3-817	Possession or passing of counterfeit coin	E
39-3-818	Making or concealing counterfeit machine	E
39-3-819	Making or possessing adulterated metal for conversion into counterfeit coin	E
39-3-901	Obtaining property by false pretense under $200	E
39-3-902	Receiving property obtained under false pretense under $200	E
39-3-906	Fraudulent breach of trust by disposition of collateral proceeds under security agreement under $200	E
39-3-907	Fraudulent breach of trust under $200	E
39-3-913	Selling animal under false representation of pedigree	E
39-3-914	Giving false impression of death	E
39-3-919(a)	Packing foreign objects in cotton or tobacco	E
39-3-919(b)	Person from adjoining state selling cotton containing foreign objects in this state	E
39-3-926(b)	Removal from state of personal property subject to UCC security interest	E
39-3-926(c)	Removal from state of property embraced by mortgage or trust deed	E
39-3-926(d)	Removal from state of property the title to which is retained under conditional sales contract	E
39-3-927(a)	Disposal of consumer goods subject to UCC security interest under $200	E
39-3-927(b)	Disposal of property covered by mortgage or trust deed under $200	E
39-3-930	Granting of security interest in personal property without title	E
39-3-932	Destruction or concealment of public record under $200	E
39-3-933	Destruction or concealment of will	E
39-3-936	Second or subsequent conviction for possession, sale or transfer of any apparatus for theft of telecommunication service	E
39-3-944	Falsification of medical records or hospital bill	E
39-3-946	False personation to obtain property under $200	E
39-3-948	False or fraudulent insurance claim	E
39-3-949	False entries in books or records with intent to defraud	E
39-3-951	Issuing false stock certificates	E
39-3-1104	Petit larceny	E
39-3-1111	Severing and carrying away fixtures, products or minerals from land under $100	E
39-3-1113	Receiving stolen goods valued under $200	E
39-3-1114	Receiving personal property stolen out of state under $200	E
39-3-1115	Bringing stolen property into state under $200	E
39-3-1117	Wrongful appropriation of property found under $200	E
39-3-1118	Appropriation of property by person having custody under $200	E
39-3-1119	Contract of bailment or agency to make wrongful appropriation under $200	E
39-3-1120	Conversion of trust fund by executor, administrator, guardian or trustee under $200	E
39-3-1121	Embezzlement by private officer, clerk or employee under $200	E
39-3-1123	Receiving embezzled property under $200	E
39-3-1124	Third or subsequent shoplifting conviction	E
39-3-1125	Third or subsequent conviction for concealment of unpurchased goods (regardless of value of merchandise concealed)	E
39-3-1126	Theft, embezzlement or copying trade secret	E
39-3-1132	Transfer of recorded devices or manufacture or distribution without consent of owner	E
39-3-1134	Offenses against parking meter	E
39-3-1135	Third offense for unauthorized taking, concealing or possession of library material	E
39-3-1206	Malicious trespass on farmland	E
39-3-1311	Destruction of land or line marks	E
39-3-1313	Destruction of tobacco plant bed or other plant beds; aiding and abetting destruction of plant bed	E
39-3-1318	Cutting or removing timber from land of another for purpose of marketing	E
39-3-1320	Cutting or destroying building or fences on public land	E
39-3-1324	Tapping or entering telegraph, telephone, electric light and poles or gas lines	E
39-3-1327	Vandalism of houses of worship, graveyards, cemetery and excavation and archaeological sites	E
39-3-1404(a)	Willfully gaining access to computer system with intent to defraud	E
39-4-111	Leaving state after abandoning wife	E
39-4-112	Leaving state after abandoning child	E
39-4-113	Leaving state after court order for support	E
39-4-201	Performance of criminal abortion	E
39-4-202	Failure to obtain consent before abortion	E
39-4-208	Unlawful research and experimentation upon aborted fetus	E
39-4-301	Bigamy	E
39-4-304	Marrying husband or wife of another	E
39-4-305	Teaching or inducing to practice polygamy	E
39-4-307	Begetting child on wife's sister	E
39-4-402	Exposing child to inclement weather	E
39-5-114	Bribery of or acceptance of bribe in connection with athletic sporting event	E
39-5-301	Personating another in judicial proceedings	E
39-5-407	State treasurer or other officer receiving interest or reward for deposit of public funds	E
39-5-415	Officer having custody of a convicted felon voluntarily permitting escape	E
39-5-416	Penitentiary official voluntarily permitting escape	E
39-5-420	Corruptly appointing jurors	E
39-5-421	False certification that conveyance of property was proven or acknowledged	E
39-5-422	False noting, recording, registering or certifying conveyance of property	E
39-5-433	Lobbying members of general assembly	E
39-5-434	Absence of legislator for purposes of obstruction of busi-ness of general assembly	E
39-5-435	Refusal of officer of bank or other corporation to deliver books or other documents to general assembly	E
39-5-501	Compounding offense punishable with death or life imprisonment	E
39-5-507	Encouraging disruption of communication to police and firefighters	E
39-5-509(a)	Interference with working of prisoners	E
39-5-509(b)	Leading mob to interfere with working of prisoners	E
39-5-521	Intimidation of juror's family	E
39-5-601	Perjury	E
39-5-604	Subornation of perjury	E
39-5-605	Perjury or subornation of perjury on trial for felony	E
39-5-606	Misstatement of facts in an affidavit for parole/pardon	E
39-5-701	Rescue of person in lawful custody for felony arrest or conviction	E
39-5-702	Escape or attempt to escape from penitentiary	E
39-5-703	Aiding and abetting escape or attempt to escape from penitentiary	E
39-5-706	Escape or attempt to escape from local jail or workhouse	E
39-5-708	Aiding or assisting prisoner to escape from place of confinement	E
39-5-711	Aiding inmate of state institution to escape	E
39-5-720	Bail jumping in case of felony	E
39-5-833	Membership in communist party	E
39-5-843	Mutilating or casting contempt on United States or Tennessee flag	E
39-5-847	Willful destruction or desecration of United States flag	E
39-5-848	Destruction of selective service card	E
39-6-108	Offering or giving poisonous treat, candy or gift to another	E
39-6-202	Obstruction of or injury to railroad tracks or equipment	E
39-6-208	Cutting or taking property of electric railway	E
39-6-210	Racing steamboat resulting in accident	E
39-6-212	Destruction of steamboat with value under $500	E
39-6-310	Entering campuses, buildings, to incite public disturbance or violence	E
39-6-322	Participating in, organizing or inciting to riot	E
39-6-323	Interference with officers during riot	E
39-6-324	Looting	E
39-6-341	Entering school property to participate in riot	E
39-6-344	Participation in riot by juvenile 16 or older confined in an institution	E
39-6-345	Prisoners rioting or participating in riot	E
39-6-417	Third or subsequent conviction for possession of controlled substance without valid prescription	E
39-6-417(a)(1)(E)	Manufacture, delivery or sale of Schedule V controlled substance	E
39-6-417(a)(1)(F)	Manufacture, delivery or sale of Schedule VI controlled substance	E
39-6-417(a)(1)(G)	Manufacture, delivery or sale of Schedule VII controlled substance	E
39-6-452	Sale of glue for intoxication	E
39-6-454(a)	Sale of imitation controlled substance	E
39-6-454(b)	Manufacture of imitation controlled substance	E
39-6-608	Professional gambling	E
39-6-613	Keeping room or table for certain gambling	E
39-6-622	Keeping place for betting on horse race	E
39-6-626	Promoting prostitution	E
39-6-635	Illegally transporting pinball machine into state after 6/30/80	E
39-6-701	Destruction of cemetery monument or marker	E
39-6-702	Improper disposition of dead human body	E
39-6-705	Removal or disinterment of dead human body for purpose of sale	E
39-6-904	Second or subsequent violation of § 39-6-902 (unlawful sale of alcoholic beverages) and § 39-6-903 (unlawful sale of intoxicating bitters)	E
39-6-908	Transportation of intoxicating liquors by common carrier (individual)	E
39-6-909	Personal transportation of intoxicating liquors	E
39-6-921	Second or subsequent conviction of unlawful storage of liquor for sale	E
39-6-1104	Third or subsequent conviction for importing, preparing, distributing, possessing or appearing in obscene material	E
39-6-1139	Solicitation of person to massage or expose erogenous area for compensation or permitting such solicitation	E
39-6-1504	Filing fraudulent solicitation statement with secretary of state	E
39-6-1522	Unauthorized interstate solicitation for police, judicial or safety association	E
39-6-1609	Cutting or causing break in levee	E
39-6-1713	Manufacture, possession or sale of sawed-off shotgun, sawed-off rifle or machine gun	E
39-6-1716	Convicted felon carrying a firearm	E
39-6-1717	Carrying dangerous weapon into establishment licensed to sell alcoholic beverages	E
39-6-1718	Possession of deadly weapon on school grounds	E
39-6-1719	Sale or possession of exploding bullets	E

(b) These classifications shall be used for sentencing after November 1, 1989, if the offense was committed on or after July 1, 1982, and prior to November 1, 1989, except first degree murder, which shall be punished by death or life imprisonment.

T.C.A. § 40-35-118

Acts 1989, ch. 591, § 6; 1990, ch. 1030, § 31; 1992, ch. 655, § 1.