Tennessee Statutes
§ 40-2-104 — Commencement of prosecution
Tennessee § 40-2-104
JurisdictionTennessee
Title40
This text of Tennessee § 40-2-104 (Commencement of prosecution) 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. § 40-2-104 (2026).
Text
A prosecution is commenced, within the meaning of this chapter, by finding an indictment or presentment, the issuing of a warrant, the issuing of a juvenile petition alleging a delinquent act, binding over the offender, by the filing of an information as provided for in chapter 3 of this title, or by making an appearance in person or through counsel in general sessions or any municipal court for the purpose of continuing the matter or any other appearance in either court for any purpose involving the offense. A prosecution is also commenced, within the meaning of this chapter, by finding an indictment or presentment or the issuing of a warrant identifying the offender by a deoxyribonucleic acid (DNA) profile.
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Related
State v. Utley
956 S.W.2d 489 (Tennessee Supreme Court, 1997)
State v. Ferrante
269 S.W.3d 908 (Tennessee Supreme Court, 2008)
State v. Henry
834 S.W.2d 273 (Tennessee Supreme Court, 1992)
State v. Tait
114 S.W.3d 518 (Tennessee Supreme Court, 2003)
State v. McCloud
310 S.W.3d 851 (Court of Criminal Appeals of Tennessee, 2009)
State v. Nielsen
44 S.W.3d 496 (Tennessee Supreme Court, 2001)
State v. Kennedy
10 S.W.3d 280 (Court of Criminal Appeals of Tennessee, 1999)
State v. Messamore
937 S.W.2d 916 (Tennessee Supreme Court, 1996)
State of Tennessee v. Steven Shell
512 S.W.3d 267 (Court of Criminal Appeals of Tennessee, 2016)
David H. Johnson v. Steve Upton, Warden
(Court of Criminal Appeals of Tennessee, 2022)
State of Tennessee v. Marchello Karlando Gossett
(Court of Criminal Appeals of Tennessee, 2017)
State of Tennessee v. Louis Grieco
(Court of Criminal Appeals of Tennessee, 2017)
State of Tennessee v. Janice Darlene Helbert
(Court of Criminal Appeals of Tennessee, 2017)
State of Tennessee v. Twanna Blair
(Court of Criminal Appeals of Tennessee, 2015)
State of Tennessee v. Kenneth Epperson
(Court of Criminal Appeals of Tennessee, 2016)
State of Tennessee v. Lisa Hayes
(Court of Criminal Appeals of Tennessee, 2016)
Daniel Buck v. State of Tennessee
(Court of Criminal Appeals of Tennessee, 2011)
State of Tennessee v. David Johnson
(Court of Criminal Appeals of Tennessee, 2022)
State of Tennessee v. Todd Alan Schmeling
(Court of Criminal Appeals of Tennessee, 2020)
State of Tennessee v. Kevin Dewayne Golden
(Court of Criminal Appeals of Tennessee, 2020)
Legislative History
Amended by 2013 Tenn. Acts, ch. 205, s 1, eff. 7/1/2013. Code 1858, §4987; Shan., § 6946; mod. Code 1932, § 11485; Acts 1975, ch. 258, § 4; 1977, ch. 179, §§ 1, 2; T.C.A. (orig. ed.), §40-206; Acts 2007 , ch. 4, § 1.
Nearby Sections
15
§ 40-1-104
Fraudulent sale of pledged property§ 40-1-106
Officials defined as magistrates§ 40-1-107
Courts vested with original jurisdiction§ 40-1-109
Jurisdiction of general sessions courts§ 40-1-110
Judicial acts of general sessions judges§ 40-10-101
Notice of charge and right to counsel§ 40-10-102
Time allowed to procure counsel§ 40-10-103
Separation and exclusion of witnesses§ 40-10-104
Bail§ 40-10-105
Election by prisoner to perform hard labor§ 40-10-106
Reports on elections to perform hard labor§ 40-10-107
Bond of witnessesCite This Page — Counsel Stack
Bluebook (online)
Tennessee § 40-2-104, Counsel Stack Legal Research, https://law.counselstack.com/statute/tn/40-2-104.