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TCA 39-16-401

Definitions for public misconduct offenses

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What does this charge mean?

This section defines key terms used in public misconduct statutes: "Act" means any bodily movement or speech; "Law" means state/federal constitutions, statutes, court rulings, local ordinances, or authorized rules; "Public servant" means any government officer, employee, agent, juror, or grand juror, even before they officially begin their duties; and "Record" means any information stored in any form.

Penalty Details

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Penalty SummaryClassification not specified
As used in this part, unless the context otherwise requires: (1) “Act” means a bodily movement, whether voluntary or involuntary, and includes speech; (1) of the following even if the public servant has not yet qualified for office or assumed the duties:(A) An officer, employee, or agent of government. See Tennessee Code 39-16-401Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105Statute: A law passed by a legislature.United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105(2) “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 adopted under a statute; and (3) “Public servant” means a person elected, selected, appointed, employed, or otherwise designated as one (1) of the following even if the public servant has not yet qualified for office or assumed the duties: (A) An officer, employee, or agent of government; (B) A juror or grand juror; (C) An arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; (D) An attorney at law or notary public when participating in performing a governmental function; (E) A candidate for nomination or election to public office; or (F) A person who is performing a governmental function under claim of right although not legally qualified to do so.
View on official sourceLast verified: Feb 25, 2026

Quick Facts

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TCA Section39-16-401