There are many different ways that non-consensual sexual acts can be charged under Tennessee law. Some of the most common crimes are rape and sexual battery. Cases involving aggravating factors, such as brandishing a weapon to rape or committing assault against a child, carry much more severe punishments. Even if a child or a teenager claims to consent to a sexual act, it may still be considered illegal in the state of Tennessee. This is generally classified as statutory rape. If an unmarried female who is under the age of 18 is pregnant, and the presumed father of the child is more than four years older than her, an attending physician is expected to tell the authorities about the situation with the patient’s (or her parents’) consent. In some cases, however, a person may be charged with sexual assault based on false allegations. 

Understanding How Sex Crimes Are Defined in Tennessee

Rape is defined as sexual penetration of a victim using force or coercion (such as threatening violence or kidnapping) or without the victim’s consent when the defendant is aware of the lack of consent. It can also be charged when the defendant knows the victim is physically or mentally incapacitated. 

The offense of sexual battery is sexual contact (intentionally touching another person’s intimate parts, even with clothing on, for sexual gratification or arousal) using force, coercion, or without the victim’s consent, or in situations where the defendant knows the victim is physically or mentally incapacitated. A person may also be charged with sexual battery if an act of sexual contact was accomplished by fraud.

You may have heard the term “forgery” before and associated it with a white collar crime. Forgery is defined as the act of creating or altering a form of writing, therefore making it false and fraudulent. According to Tennessee law, it is illegal to forge a writing with the purpose of committing fraud against someone else. Whether an individual forged something intentionally or accidentally, this type of charge can carry significant penalties if a person is convicted, including jail time. An experienced criminal defense attorney can help those facing these serious charges build a strong defense to avoid a conviction.  

Understanding Actions that Can Lead to Forgery Charges

The state of Tennessee defines forging as creating, altering, completing, executing, or authenticating something in writing to make it look like it was:

• Created or executed by a person who did not authorize such an action.

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Being charged with a criminal offense can result in serious consequences. A person can face costly fines, loss of driving privileges or professional licenses, and a lifetime behind bars, depending on the severity of the crime. There are certain crimes that warrant charges at both the state and federal levels. Federal agencies often have more resources available to investigate alleged crimes, and they take their time gathering important evidence to support their claims. That is why it is imperative that anyone facing federal charges for racketeering or conspiracy seek professional legal assistance as soon as possible. 

What Is Racketeering?

Racketeering may be committed at the state or federal level. Racketeering can refer to the act of acquiring a business, organization, or company through illegal activity; operating a business with illegally obtained income; or using a business operation to commit illegal acts. Federal crimes of racketeering may include the following offenses:

• Fraud

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Motor vehicle theft is a serious crime in Tennessee, and it can involve more than just stealing a car. ATVs, motorcycles, and snowmobiles all fall under the category of motorized vehicles. A conviction for this type of charge can carry serious punishments, such as jail time, fines, and probation. In addition, it will appear on a person’s criminal record, which can directly impact his or her ability to secure employment or housing. 

In some cases, an individual may face these types of charges after unknowingly purchasing a stolen vehicle. For example, a car may be bought through a third party who is trying to deceive the buyer. The prosecution has the burden of proving intent, or that a person knowingly purchased a stolen vehicle. Regardless of the details, all Tennessee drivers should understand the laws and what constitutes vehicle theft in case they ever find themselves unintentionally involved in a crime. 

Different Types of Auto Theft 

Auto theft charges can vary depending on the circumstances. “Joyriding” refers to taking someone else’s vehicle for a ride without permission but not intending to keep or sell it. This act can result in Class A misdemeanor charges. Carjacking, however, is a more serious offense, since it involves using force against a person to take a vehicle. This can be charged as a Class B felony.    

Any criminal offense can carry significant punishments if someone is convicted. However, federal crimes tend to be prosecuted more severely, often resulting in longer jail sentences. Common crimes charged at the federal level may include drug trafficking, fraud, counterfeiting, racketeering, and conspiracy. Although counterfeiting crimes have decreased by over 37 percent since 2015, they can still carry stiff consequences. Counterfeit goods or services come from a legitimate source, but they are actually unauthorized reproductions. If you or someone you know is facing federal criminal charges for counterfeiting, it is important to understand your rights while building a strong defense. 

Anti-Counterfeiting Laws

Federal lawmakers passed the first anti-counterfeiting laws in 1790 to protect unsuspecting consumers as well as the government. Since that time, Congress has introduced new legislation as counterfeiting tools and techniques have become more advanced and sophisticated. Although the crime of counterfeiting typically involves creating and producing fraudulent goods or documents, it may also mean using, possessing, or altering legitimate items. 

A few of the most common types of products that can come in counterfeit form include:

Being charged with any type of crime should not be taken lightly. Depending on the severity of the offense, the penalties can range from costly fines to significant jail time. Sex crimes, especially those committed against children, often carry harsher punishments if convicted. In Tennessee, these offenses can include child abuse, sexual assault, and child pornography. For anyone facing charges for this type of offense, it is important to seek skilled legal representation. Besides demonstrating that the alleged offenses did not occur, it may be possible to defend against these charges by demonstrating a lack of intent, meaning the person who was allegedly in possession of child pornography did not know the materials involved a minor. An experienced criminal defense attorney can carefully review the circumstances of the case and make sure a defendant’s rights are protected throughout the proceedings.  

What Is Child Pornography?

Pornography is defined as the explicit description or display of sexual subject matter for the purpose of sexual arousal. Child pornography includes any pornographic material in which children are exploited for sexual stimulation. It may involve the direct sexual assault of a child, or images or sexual acts may be simulated. Child pornography may be viewed through different mediums, including books, magazines, photographs, drawings, paintings, animation, audio recordings, and videos. It may be created for profit or for other reasons.  

Child pornography is the depiction of offensive sexual activity involving a minor such as:

This past year has been turbulent, to say the least. With an international pandemic, racial turmoil and protests, and the 2020 presidential election all occurring in the last 12 months, many are looking forward to the start of the new year. This includes legislators who have been filing 2021 bills over the past few months. The subjects that these bills cover include a wide range, but many are in response to this past year’s events. 2020’s record of looting and destroyed property in cities across the country has one Tennessee lawmaker looking for loosened restrictions when it comes to self-defense and citizens’ responses to property crimes.

House Bill 11

The current Tennessee law regarding self-defense is clear: Deadly force for the purpose of self-defense is only legal if you fear for your life or someone else’s. For those who are victims of property crimes, in other words, someone is stealing or damaging their belongings, using deadly force against the perpetrator is considered a felony. While widening these restrictions may not have been on legislators’ minds in the previous sessions, the infamous looting and significant property damage that occurred throughout 2020 has one lawmaker looking for a change.

If you are a parent, you know that it is far from uncommon for teens to push the limits. Their desire for independence can lead them to defy your rules, any regulations set by their high school, and even legal limits that apply to all Americans. Testing the limits is not always a bad thing, but when drugs and alcohol are involved, things can quickly take a turn for the worse. For those who are at the legal drinking age, the blood alcohol concentration (BAC) limit is 0.08 percent. For those under 21, Tennessee law enforcement has no tolerance for a BAC over zero. Unfortunately, many teens will get behind the wheel after drinking or doing drugs, assuming that they are OK to drive, but then they end up facing driving under the influence (DUI) charges. Such penalties often lead to losing your driver’s license, but what about other drug or alcohol violations that were not committed while driving?

Drug Free Youth Act Offenses

For those between the ages of 13 and 17, the Tennessee Drug Free Youth Act allows a court to limit your driving privileges if the minor faces any form of drug charges—even those not committed while driving. This includes any criminal offenses, violations, status offenses, or infractions that involve the possession, sale, use, or consumption of any controlled substance. The severity of the penalties correlates with the number of offenses that the minor has on his or her record.

While it may seem like an excuse, there is something to say about being in the wrong place at the wrong time. The words “murder” and “homicide” raise immediate red flags, often bringing gun violence to mind in this day and age. However, what if you caused a car accident and the other driver’s injuries were fatal? Or perhaps a weapon malfunction while hunting led to your friend’s death? These are two examples of unintentionally causing the death of another person, also known as involuntary manslaughter. The state of Tennessee recognizes that not all deaths, or crimes, are one in the same, and the law reflects this by dividing involuntary manslaughter charges into three separate criminal categories.

Reckless and Criminally Negligent Homicide

Although these two are technically separate charges, the legal descriptions are fairly similar. The state loosely defines criminal negligence and reckless homicide in order to leave room for a number of criminal behaviors to fall within these categories. Reckless homicide occurs when a person is aware of the risks of serious injury or death that their actions pose to the other person, but he or she continues to act and the other person dies as a result. A common example of this is the accidental discharging of a firearm. A more rare occurrence is playing a dangerous game like Russian roulette, where both parties are aware of the potential risks, and one of the individuals dies in the process. 

In the past decade, the legal restrictions surrounding marijuana have shifted on a state-by-state basis. These variations of the law include the legalization of marijuana for medical and recreational purposes as well as the decriminalization of marijuana for those who have previously faced charges. Depending on where you live, you may have free reign, or you could still face stiff restrictions for drug possession. Tennessee is one of seven states that is still standing as a stronghold against all forms of legalization. One state senator, however, is using her voice to stand up for those who are in need of the benefits of medical marijuana.

State Senator Advocates for the Sick

As Tennessee’s surrounding states begin to loosen their marijuana regulations, many Tennesseans are wondering when their state will follow suit. Republican State Senator Janice Bowling has supported the movement to legalize medical marijuana for years, and she intends on taking action again this winter. According to reports from WREG, Sen. Bowling plans on introducing a new medical marijuana bill when lawmakers reconvene at the start of the new year. 

Finding out that your child has broken the law and is facing criminal charges for his or her mistake is a difficult pill for parents to swallow. You are likely feeling a combination of emotions—anger and disappointment in your child, concern for his or her future, as well as confusion regarding how the Tennessee court system works for minors. If your child is facing juvenile charges and this is your first time dealing with the Tennessee court system, you may be bursting with questions about how the legal process will work and where your child will end up afterward. It is always advisable to speak with an experienced criminal defense attorney who is familiar with the juvenile court system before taking any further action, but we have compiled a list of frequently asked questions to inform you about the process moving forward.

1. Is a juvenile hearing just like an adult trial? The short answer to this question is no. While the legal process will still occur in a courtroom in front of a judge and both juveniles and adults have the right to an attorney, juveniles have certain rights that adult offenders do not. For instance, juveniles have a level of confidentiality to their records that adults are not given. Alternatively, juveniles are not allowed a jury trial or the opportunity for bail. 

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Driving in Tennessee can be an adventure, and the state is often a stop on family road trips. With the mountains, lakes, and national parks, Tennessee is a travel hotspot throughout the year. As a vacationer, it is important to be familiar with the state’s traffic laws to avoid receiving a violation ticket while visiting. A traffic ticket may not seem like a big deal, but as a visitor of the state, you would be required to pay any fines or attend any court dates within the state you received the ticket. In other words, if you are pulled over in Tennessee but live hours away, you could be required to make the road trip for a second time to address the traffic violation in that state. Below are five traffic safety laws that you should be aware of while visiting Tennessee:

1. Texting and Driving: By this time, most states have outlawed texting and driving, so this law is likely not new to you. Be wary, however, of using your phone for GPS purposes as this can also be considered distracted driving and lead to a ticket. Always have your passenger handle directions or communication with your phone while you are driving.

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With texting, calling, and social media profiles available at the touch of a button, it has never been easier to find someone’s information and continue contacting them over a number of platforms. What may have been considered harassment or stalking 10 years ago has now escalated to include digital outreach. You have likely heard the term “Facebook stalking” or other versions of looking at someone’s public information online. While this term may poke fun at browsing through a person’s social media content, it can be considered a crime if taken too far. 

The Legal Definition of Harassment

There are a number of threatening actions that are considered harassment by Tennessee law. According to Tennessee law, a person who intentionally does the following is committing the criminal offense of harassment:

Drug use often begins as a party tool at a young age and quickly transitions into full force addiction as time goes by. As of late, Tennessee’s district attorneys general have recognized the danger of fentanyl along with its recent resurgence in popularity, and are taking action to educate teens about this illegal substance. Because some controlled substances are more potent and dangerous than others, Tennessee divides these drugs into categories known as schedules, each of which increases in the severity of charge and consequence. Since many teens are unaware of the physical and legal consequences of fentanyl, a high number of Tennessee minors are getting involved with this substance and facing criminal drug charges as a result.

What Is Fentanyl?

Fentanyl is a synthetic opioid that is steadily climbing its way to becoming the most dangerous drug in America. The United States has seen a significant rise in opioid usage, known as the opioid epidemic, and Tennessee is no exception. According to a report in The Tennessean, over 9,100 people in Tennessee have died of drug overdoses between 2013 and 2018, and over 70 percent of these deaths were partially caused by opioids, including fentanyl. 

Since March, Americans have been asked to stay home as much as possible and wear masks and practice social distancing in public. Like many states, Tennessee enacted a stay-at-home order in response to the impending threat of COVID-19. Tennessee alone has had 123,489 confirmed cases of coronavirus since the virus first came to the United States six months ago. In order to address these high numbers and a lack of vaccinations, Tennessee Gov. Lee has extended its State of Emergency orders to keep Tennesseans out of public spaces and in the safety of their own homes. To some, this safety is even more sparse under their own roof. With more and more people staying in closed quarters, Tennessee has seen an increase in domestic violence against partners, spouses, and children. With domestic violence numbers on the uptick, working with a reputable criminal defense attorney has never been more important.

Domestic Abuse Reports in Tennessee

Close-quarters and a reduced chance of physical abuse marks being seen in public have led to another epidemic that is happening behind closed doors. According to reports from the Tennessean newspaper, one domestic violence hotline saw a 31 percent increase between March 1-30 in the number of calls received when compared to the previous year. Calls to hotlines are not the only evidence of this rise in domestic violence. Chattanooga itself saw a 24 percent increase in domestic violence reports to police during this same time period. Living under one roof is not the only reason for this change in numbers. Recent studies have shown that post-traumatic stress disorder (PTSD), anger, and substance abuse has increased as a result of the mandatory quarantine. Mental health difficulties can transform into physical abuse that is inflicted on those who are in close proximity.

Universities and colleges have always been known for their parties and easy access to alcohol. Aside from the higher education that these academic institutions provide students, they also present many young adults with their first opportunity to live away from home. This opportunity of growth is important for those on the verge of adulthood, but it can also lead many students down the wrong path. Despite what movies or TV shows may show, the legal drinking age restriction of 21 still applies to college students. However, easy access to alcohol leads many students to believe that they are invincible. The following alcohol-related offenses are common on Tennessee college campuses, leaving many students with criminal charges on their record and in many cases, additional consequences from the university.

Possession and Consumption

With house parties on every street corner and tailgates occurring on a weekly basis, college students have numerous opportunities to get their hands on alcohol and drink it without their parents’ watchful eyes. Just a few drinks in and students can quickly forget about campus police that patrol the streets looking for intoxicated, underage students. Possession and consumption of alcohol are both illegal for those under the age of 21. So, if a student is found walking around campus, sober, carrying a pack of beer, he or she can still face criminal charges. Those students who are found drinking underage in Tennessee can be charged with a Class A misdemeanor, carrying 11 months of jail time, community service, fees, and having their driver’s license revoked. 

Driving under the influence (DUI) of alcohol is a frighteningly common offense that many Tennesseeans have on their record. Across the country, states have instilled a blood alcohol concentration (BAC) limit to ensure that drivers who get behind the wheel after drinking alcohol are not too intoxicated to drive safely. With a 0.08 percent BAC limit in Tennessee, three to four drinks can place you above the legal limit to drive. In the past few years, Tennessee legislators have noticed a high number of repeat DUI offenders, but there has been a lack of recourse for these repeat offenses. In order to address these sentencing discrepancies, legislators passed House Bill 167 in 2019 after years of legal deliberation.

Looking at Statistics

Legislators included a number of statistics in their HB 167 bill summary, which explains why they believe that these harsher penalties are necessary for repeat offenders with DUI charges. According to the Tennessee Department of Corrections, 32.2 percent of all offenders will re-offend within a year of release from their sentence. This appears to be the case for all offenders, not just those with DUI charges. However, the high tendency to re-offend and low chance of harsher sentencing for DUI cases make it likely for those with such charges to drive drunk again in the future. News reports from Fox17 Nashville record the most habitual Tennessee DUI offender had 19 DUI arrests, something that these harsher sentences are hoping to mitigate.

Everyone has had the experience of pretending to be something or someone they are not. This is a common occurrence when young adults try new looks or hobbies as they begin to discover who they are as they mature. Trying something new may not be considered a crime, but when this new self-representation becomes deceptive, things can get more complicated. This is especially true with companies who take advantage of curious consumers’ ignorance toward their company or the money they are handing over. These corporations can also use these deceptive tactics to gain a mass of followers willing to work alongside them. Maybe you are a victim of fraud or did not realize that what you were participating in is considered a white-collar crime in Tennessee. Whether you started the fraudulent activity or were tricked into being a participant, you should seek the help of a reputable criminal defense lawyer.

Types of Fraud

There are a number of different types of fraud, all of which prey on the ignorance of consumers. If you are found guilty as a participant of the following practices, you may face serious criminal accusations under Tennessee and federal laws:

Seeing the red and blue flashing lights in your rearview mirror is never a good feeling. Maybe you did not realize how fast you were going, forgot to use your turn signal, or went through a red light thinking you could make it in time. Regardless, getting pulled over and receiving a traffic violation can be a blow to your ego and your wallet. Tennessee legislatures have been reviewing traffic ticketing policies and presented two bills that address the topic. Although neither is set in stone, your ability to be ticketed and how the violations are recognized may change upon the approval of the following two bills.

Meeting Quotas

You have likely heard the rumors to avoid speeding tickets toward the end of the month since this is typically when police officers hand out the most tickets to meet their monthly quotas. The Tennessee General Assembly is working hard to put an end to ticketing sprees that come up just so cops can fill their ticketing quotas. Technically, Tennessee already prohibits ticketing quotas per legislature from 2010. However, this law does not present any penalties for doing so and some argue that the lack of punishment renders the law useless. In order to address the lack of consequences, SB2458 would create mandatory fines for any police departments that implement a quota system for traffic ticketing. While this bill may not keep you from getting a ticket if you are found driving recklessly, it may reduce the number of unnecessary and inaccurate traffic tickets being delved out to meet a monthly allotment.

Since 1916, the National Park Service has worked to preserve land spanning the United States from destruction. In order to do so, strict regulations have been put into place to protect the wildlife that lives in these parks and preserve the land so that it exists for generations to come. The Great Smoky Mountains National Park houses over 522,000 acres of land that lies between North Carolina and Tennessee. With more than 11.3 million recreational visits in 2016, it is no wonder why specific rules are put in place to keep this land protected. Since the Great Smoky Mountains National Park is federally owned, those who violate these laws can be prosecuted at the federal level and face federal criminal charges and penalties. This level of crime can lead to severe legal consequences, making it crucial to understand the laws before stepping foot on the grounds.

Park Land Is Not Open Land

One of the benefits of the national parks is being able to see wildlife up close and personal. However, not all land in the national parks is open all year round and there are distance regulations put in place to protect the animals. It is strictly forbidden to approach any wildlife within 50 yards or within any distance that disturbs/displaces the wildlife. It is also prohibited to feed the wildlife. Designated fields within the park are closed in May and June as well as in September and October as these are elk calving and breeding seasons. It is a good idea to map your route and do your research before entering the park to be sure that you are complying with the park’s rules.