TCA 40-39-202
Part definitions
FELONY EClass E Felony
Sentence enhancement may apply
What does this charge mean?
Part definitions — Class E felony. Up to 1-6 years in jail and $3,000 fine. Penalty may be enhanced for prior offenses or aggravating factors.
Penalty Details
ClassificationClass E Felony
Maximum Jail1-6 years
Maximum Fine$3,000
Penalty SummaryClass E felony; 1-6 years; fine up to $3,000
Enhancement NotesMultiple classifications: Class C felony, Class D felony, Class E felony
[Effective Until 7/1/2024] As used in this part, unless the context otherwise requires: (1) “Conviction” means a judgment entered by a Tennessee court upon a plea of guilty, a plea of nolo contendere, a finding of guilt by a jury or the court notwithstanding any pending appeal or habeas corpus proceeding arising from the judgment. “Conviction” includes, but is not limited to, a conviction by a federal court or military tribunal, including a court-martial conducted by the armed forces of the United States, and a conviction, whether upon a plea of guilty, a plea of nolo contendere or a finding of guilt by a jury or the court in any other state of the United States, other jurisdiction or other country. A conviction, whether upon a plea of guilty, a plea of nolo contendere or a finding of guilt by a jury or the court for an offense committed in another jurisdiction that would be classified as a sexual offense or a violent sexual offense if committed in this state shall be considered a conviction for the purposes of this part. An adjudication in another state for a delinquent act committed in another jurisdiction that would be classified as a violent juvenile sexual offense under this section, if committed in this state, shall be considered a violent juvenile sexual offense for the purposes of this part. “Convictions,” for the purposes of this part, also include a plea taken in conjunction with § 40-35-313 or its equivalent in any other jurisdiction. “Conviction” also includes a juvenile delinquency adjudication for a violent juvenile sexual offense if the offense occurs on or after July 1, 2011; (A) Community college. See Tennessee Code 40-39-202Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.Minor: means any person under eighteen (18) years of age. See Tennessee Code 40-39-202Month: means a calendar month. See Tennessee Code 40-39-202Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.Offender: means sexual offender, violent sexual offender and violent juvenile sexual offender, unless otherwise designated. See Tennessee Code 40-39-202Parent: means any biological parent, adoptive parent or step-parent, and includes any legal or court-appointed guardian or custodian. See Tennessee Code 40-39-202Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.Primary residence: means a place where the person abides, lodges, resides or establishes any other living accommodations in this state for five (5) consecutive days. See Tennessee Code 40-39-202Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.Record: 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 1-3-105Register: means the initial registration of an offender, or the re-registration of an offender after deletion or termination from the SOR. See Tennessee Code 40-39-202Secondary residence: means a place where the person abides, lodges, resides or establishes any other living accommodations in this state for a period of fourteen (14) or more days in the aggregate during any calendar year and that is not the person's primary residence. See Tennessee Code 40-39-202sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105Sexual offender: means a person who has been convicted in this state of committing a sexual offense or has another qualifying conviction. See Tennessee Code 40-39-202Sexual offense: means : (A) The commission of any act that, on or after November 1, 1989, constitutes the criminal offense of: (i) Sexual battery, under §. See Tennessee Code 40-39-202SOR: means the TBI's centralized record system of offender registration, verification and tracking information. See Tennessee Code 40-39-202State: 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 1-3-105Student: means a person who is enrolled on a full-time or part-time basis in any public or private educational institution, including any secondary school, trade or professional institution or institution of higher learning. See Tennessee Code 40-39-202TBI: means the Tennessee bureau of investigation. See Tennessee Code 40-39-202United States:
View on official sourceLast verified: Feb 25, 2026
Quick Facts
FELONY E
TCA Section40-39-202
Max Jail1-6 years
Max Fine$3,000