TCA 40-16-101
Trial by court-martial as bar
FELONYFelony
What does this charge mean?
This statute is not a criminal offense—it is a legal protection (called "immunity") for military service members who have already been tried and convicted or acquitted by a military court-martial for conduct that would also be a misdemeanor in Tennessee. Those individuals cannot be prosecuted in Tennessee courts for the same offense. This is a procedural/administrative statute, not a criminal law.
Penalty Details
ClassificationFelony
Penalty SummaryFelony
All members of the armed forces of the United States who have been tried and convicted or acquitted by a military court-martial for any offense constituting a misdemeanor under the laws of this state shall be immune from any criminal prosecution in any court of this state for the same offense for which they have been so tried. “Members of the armed forces of the United States” includes all officers and enlisted personnel of the army, navy, air force, marine corps and coast guard while on active duty and also includes any and all persons subject to trial by court-martial under the Uniform Code of Military Justice, whether a civilian, reservist, or member of any other federal agency.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
FELONY
TCA Section40-16-101