Tennessee Statutes

§ 39-11-109 — Prosecution under more than one statute

Tennessee § 39-11-109

This text of Tennessee § 39-11-109 (Prosecution under more than one statute) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tenn. Code Ann. § 39-11-109 (2026).

Text

(a)When the same conduct may be defined under both a specific statute and a general statute, the person may be prosecuted under either statute, unless the specific statute precludes prosecution under the general statute.
(b)When the same conduct may be defined under two (2) or more specific statutes, the person may be prosecuted under either statute unless one (1) specific statute precludes prosecution under another.

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Related

State v. Denton
938 S.W.2d 373 (Tennessee Supreme Court, 1996)
243 case citations
State v. Gilliam
901 S.W.2d 385 (Court of Criminal Appeals of Tennessee, 1995)
53 case citations
State v. Ellis
953 S.W.2d 216 (Court of Criminal Appeals of Tennessee, 1997)
22 case citations
State v. Phillips
967 S.W.2d 826 (Court of Criminal Appeals of Tennessee, 1997)
1 case citations
State of Tennessee v. Anthony Leon Moore
(Court of Criminal Appeals of Tennessee, 2017)
State of Tennessee v. Jasper Turner
(Court of Criminal Appeals of Tennessee, 2003)
State v. Beauregard
(Tennessee Supreme Court, 2000)
State v. James Transou
(Court of Criminal Appeals of Tennessee, 1998)
Anthony Leon Moore v. Joe Easterling, Warden
(Court of Criminal Appeals of Tennessee, 2011)

Legislative History

Acts 1989, ch. 591, § 1.

Nearby Sections

15
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Bluebook (online)
Tennessee § 39-11-109, Counsel Stack Legal Research, https://law.counselstack.com/statute/tn/39-11-109.