§ 40-35-118 — [For list of classification for current offenses, see the compiler's note in section 40-35-110] Classification of repealed pre-1989 offenses

Tennessee § 40-35-118

• Jurisdiction: Tennessee
• Title: 40

Text

(a) For the purpose of determining the classification of felony offenses in title 39 committed prior to November 1, 1989, the following classifications shall be used: Code Section Offense Class 39-3703 First degree criminal sexual conduct A 39-1-604, 606 Conspiracy to take a human life A 39-2-103 Assault with intent to commit first degree murder A 39-2-202 First degree murder A 39-2-212 Second degree murder A 39-2-301(c) Aggravated kidnapping A 39-2-305 Prisoners holding hostages A 39-2-304 Unlawful representation to obtain ransom A 39-2-603 Aggravated rape A 39-2-640 Abduction of female from parents or guardian for purposes of prostitution A 39-3-201 Aggravated arson A 39-3-701 Willful injury by explosives A 39-5-803 Treason A 39-6-109 Adulteration of foods, liquors or pharmaceuticals (death occurs) A 39-6-204 Obstruction or damage to railroad tracks resulting in death A 39-6-619(a) Killing an officer while arresting a person on a charge of unlawful gaming A 39-6-915(a) Furnishing intoxicating liquor which results in death (second degree murder) A 39-3704 Second degree criminal sexual conduct B 39-1-607 Conspiracy to sabotage a nuclear production facility B 39-1-609 Conspiracy to commit illegal act capable of destroying human life by possession, use or transportation of explosives B 39-1-610 Conspiracy by convicts to kill B 39-2-301(e) Assault with intent to commit or attempt to commit aggravated kidnapping B 39-2-303 Kidnapping child under 16 B 39-2-501 Robbery by use of a deadly weapon B 39-2-502 Bank robbery B 39-2-604 Rape B 39-2-606 Aggravated sexual battery B 39-3-210 Causing injury to person by use of fire bomb B 39-4-422 Aggravated child abuse B 39-5-712 Rebellion by convict with intent to kill or escape B 39-6-109 Adulteration of food product or drug (injury) B 39-6-203 Obstruction or damage to railroad tracks resulting in injury B 39-6-417(a)(1)(A) Manufacture, delivery, sale or possession with intent to do same of Schedule I controlled substance B 39-6-417(c) Manufacture, delivery or sale of certain amount of controlled substances B 39-6-417(d) Habitual drug offender B 39-6-418 Person over 18 distributing Schedule I controlled substance to person under 18 who is at least 3 years such person's junior B 39-6-418 Person over 18 distributing Schedule II controlled substance to person under 18 who is at least 3 years such person's junior B 39-6-419 Second or subsequent conviction for violation of § 39-6417, Schedule I B 39-6-419 Second or subsequent conviction for violation of § 39-6417, Schedule II B 39-6-619(b) Wounding officer while arresting person on charge of unlawful gaming B 39-6-1137 Using minors for obscene purposes B 39-1-503 Attempt to commit sabotage C 39-1-606 Conspiracy to inflict punishment, take human life or burn or destroy property C 39-1-610 Conspiracy by convicts to escape C 39-2-101 Aggravated assault C 39-2-107 Assault from ambush with a deadly weapon C 39-2-109 Assault with deadly weapon while in disguise C 39-2-110 Assault by a juvenile 16 or older confined in an institution C 39-2-111 Mayhem C 39-2-112 Malicious shooting or stabbing C 39-2-115 Shooting or throwing missile calculated to cause death or bodily injury at or into a dwelling or vehicle C 39-2-116 Throwing object at common carrier vehicle with intent to do bodily harm where bodily harm occurs C 39-2-117 Injury to person during state of emergency C 39-2-118 Negligence by steamboat operator causing death C 39-2-222 Voluntary manslaughter C 39-2-231(a) Vehicular homicide as a result of conduct creating sub-stantial risk of death or serious bodily injury C 39-2-231(b) Vehicular homicide as a result of driver's intoxication C 39-2-234 Negligence by train operator resulting in death C 39-2-302 Kidnapping C 39-2-501 Robbery C 39-2-608(a) Assault with intent to commit rape C 39-2-612 Crimes against nature C 39-2-613 Forcible marriage or abduction of female C 39-3-202 Setting fire or procuring same on building or structure C 39-3-205 Burning of insured property C 39-3-401 Burglary of dwelling by night C 39-3-403 Burglary of dwelling by day C 39-3-702 Manufacture/possession of explosives for burglarious purposes or burglary with explosives C 39-3-703 Malicious injury to structures with explosives C 39-4-306 Incest C 39-5-101 Bribery or offering to bribe officer C 39-5-102 Officer accepting bribe C 39-5-103 Bribing or offering to bribe peace officer or state, county or municipal employee C 39-5-105 Bribery of court official or juror C 39-5-106 Court official or juror accepting bribe C 39-5-108 Offering bribe to officer selecting or summoning jury C 39-5-109 Officer accepting bribe or permitting deputy to violate § 39-5-108 or § 39-5-420 C 39-5-112(a) Bargaining sales in regard to public office C 39-5-112(b) Sale of public office C 39-5-112(c) Offer to buy public office C 39-5-112(d) Refusal to qualify and discharge duties of public office by reason of pecuniary consideration C 39-5-112(e) Procuring resignation of officer C 39-5-115 Bribery of witness in felony prosecution C 39-5-201 Introduction of prohibited items upon or onto grounds of penal institution C 39-5-202 Introduction of weapons or drugs in the local jail or workhouse C 39-5-408 Use of public money by state treasurer or other public officer C 39-5-409 Embezzlement of public money or property C 39-5-508 Corruptly stealing, withdrawing or avoiding records and judicial proceedings C 39-5-522 Juror agreeing to give verdict or receiving improper evidence C 39-5-804 Misprision of treason C 39-5-805 Sedition C 39-5-813 Destruction, injury or interference with property so as to hinder preparation for defense or war C 39-5-814 Causing defects in war preparation C 39-6-417(a)(1)(B) Manufacture, delivery, sale or possession of Schedule II controlled substances C 39-6-418 Person over 18 distributing Schedule III controlled substances to person under 18 who is 3 years such person's junior C 39-6-418 Person over 18 distributing Schedule IV controlled substances to person under 18 who is 3 years such person's junior C 39-6-419 Second or subsequent conviction for violation of § 39-6417, Schedule III C 39-6-419 Second or subsequent conviction for violation of § 39-6417, Schedule IV C 39-6-915(a) Furnishing intoxicating liquor which causes death (voluntary manslaughter) C 39-6-915(b) Furnishing intoxicating liquor which causes paralysis or impairment of sight C 39-6-1138(b) Promoting performances which include sexual conduct by child C 39-6-1138(c) Parents consenting to child's participation in performance which includes sexual conduct C 39-3705 Third degree criminal sexual conduct D 39-1-504 Attempt to destroy property by fire bomb D 39-1-604(a) Conspiracy to commit felony on person of another D 39-1-604 Conspiracy to indict or prosecute innocent person for felony D 39-1-605 Conspiracy to commit offense against state or violate election laws D 39-1-606 Conspiracy to destroy property D 39-1-608 Conspiracy to commit arson D 39-1-609 Conspiracy to commit illegal act capable of destroying property by possession, use or transportation of explosives D 39-1-613 Conspiracy to use fire bomb D 39-2-104 Assault with intent to commit robbery D 39-2-701 Threats for purpose of extortion or obtaining action D 39-2-702 Use of intimidation or coercion to influence state official D 39-2-707 Night riders using intimidation to prevent disposal of farm products D 39-2-708 Night riders using intimidation to compel dismissal of laborers D 39-2-709 Inciting or conspiring to commit offense under § 39-2707 or § 39-2-708 D 39-2-710 Burning of cross or religious symbol D 39-3-125 Stealing livestock D 39-3-129 Receiving stolen livestock D 39-3-204 Setting fire to any material or thing with intent to burn building or other thing D 39-3-402 Breaking after entry into dwelling D 39-3-404 Burglary of business D 39-3-505 Misuse of credit card over $200 D 39-3-506 Misrepresentation of amount of money, goods, and services furnished on credit card where difference exceeds $100 D 39-3-512 Obtaining goods, property or services by false or fraudulent use of credit card over $200 D 39-3-607 Interference with E.F.T.S. system D 39-3-703(a) Malicious injury to structures with explosives D 39-3-901 Obtaining property by false pretense over $200 D 39-3-902 Receiving property obtained under false pretense over $200 D 39-3-906 Fraudulent breach of trust by disposition of collateral or proceeds under security agreement over $200 D 39-3-907 Fraudulent breach of trust over $200 D 39-3-927(a) Disposal of consumer goods subject to UCC security interest over $200 D 39-3-927(b) Disposal of property covered by mortgage or trust deed over $200 D 39-3-932 Destruction or concealment of public records over $200 D 39-3-946 False personation to obtain property over $200 D 39-3-1104 Grand larceny D 39-3-1106 Larceny from the person D 39-3-1107 Feloniously stealing or taking by robbery any public records or valuable papers D 39-3-1109 Corruptly stealing, withdrawing or avoiding public papers D 39-3-1111 Severing and carrying away fixtures, products or minerals from land over $200 D 39-3-1112 Receiving stolen goods valued over $200 D 39-3-1114 Receiving personal property stolen out of state over $200 D 39-3-1115 Bringing stolen property into state over $200 D 39-3-1116 Receiving stolen public records or valuable papers D 39-3-1117 Wrongful appropriation of property found over $200 D 39-3-1118 Appropriation of property by person having custody over $200 D 39-3-1119 Contract of bailment or agency to make wrongful appropriation over $200 D 39-3-1120 Conversion of trust fund by executor, administrator, guardian or trustee over $200 D 39-3-1121 Embezzlement by private officer, clerk or employee over $200 D 39-3-1123 Receiving embezzled property over $200 D 39-3-1132 Transfer of recorded devices or manufacture or distribution without consent of owner (second offense) D 39-3-1404(b) Intentionally damaging or destroying computer system D 39-3-1404(c) Concealing proceeds of computer crime D 39-4-206 Failure to preserve life of infant prematurely born alive during abortion D 39-5-104 Peace officer or state, county or municipal employee accepting bribe D 39-6-211 Destruction of steamboat of value over $500 D 39-6-417(a)(1)(C) Manufacture, delivery or sale of Schedule III controlled substance D 39-6-417(a)(1)(D) Manufacture, delivery or sale of Schedule IV controlled substance D 39-6-418 Person over 18 distributing Schedule V controlled substances to person under 18 who is 3 years such person's junior D 39-6-418 Person over 18 distributing Schedule VI controlled substance to person under 18 who is 3 years such person's junior D 39-6-418 Person over 18 distributing Schedule VII controlled substance to person under 18 who is 3 years such person's junior D 39-6-419 Second or subsequent conviction for violation of § 39-6417, Schedule V D 39-6-419 Second or subsequent conviction for violation of § 39-6417, Schedule VI D 39-6-419 Second or subsequent conviction for violation of § 39-6417, Schedule VII D 39-1-307 Accessories after the fact E 39-1-504 Attempt to destroy property by fire bomb E 39-1-506 Attempt to destroy property by placing explosives E 39-1-611 Conspiracy by juvenile 16 or older confined in an institution to commit offenses outlined in § 39-1-110 (assault by juvenile 16 or older confined in institution), § 39-2344 (participation in riot by juvenile 16 or older confined in an institution) E 39-1-614 Conspiracy to commit sabotage E 39-1-615 Conspiracy to riot E 39-2-102 Assault with intent to commit felony E 39-2-118 Negligence by steamboat operator causing injury E 39-2-223 Involuntary manslaughter E 39-2-605 Statutory rape E 39-2-607 Sexual battery E 39-2-608(b) Assault with intent to commit sexual battery E 39-2-635 Procuring female for prostitution E 39-2-639 Enticing female, previously reputed virtuous, to house of ill fame E 39-3-102 Unlawful killing of horses, cattle, or sheep E 39-3-105 Animal fighting other than cocks E 39-3-203 Setting fire to property other than building or structure E 39-3-206 Maliciously setting a fire on land of another E 39-3-209 Causing fire of personal property by use of fire bomb E 39-3-211 Possession of fire bomb or materials E 39-3-212 Manufacture or disposal of fire bomb E 39-3-301 Knowingly drawing check or order in excess of $100 without sufficient funds E 39-3-306 Employer giving employee check in excess of $100 with fraudulent intent E 39-3-406 Breaking into vehicles E 39-3-408 Carrying burglary tools E 39-3-503 False statement to procure credit card E 39-3-504 Credit card theft or forgery E 39-3-505 Misuse of credit card under $200 E 39-3-506 Misrepresentation of amount of money, goods or services furnished on credit card where difference does not exceed $100 E 39-3-507 Completion of incomplete credit card or duplication without consent of owner E 39-3-508 Receipt of money, goods or services obtained in violation of credit card laws E 39-3-512 Obtaining goods, property or services by false or fraudulent use of credit card under $200 E 39-3-603 Making false statements to obtain issuance of debit card E 39-3-604 Debit card offenses under $200 E 39-3-605 Misuse of debit cards under $200 E 39-3-606 Completion of incomplete or duplication of debit card without consent of owner E 39-3-608 Use of stolen cards or illegally possessed debit card E 39-3-609 Misrepresentation of amount of money, goods or services furnished on debit card E 39-3-610 Card holder using card after reporting it stolen or lost E 39-3-703(b) Malicious injury to personal property over $25.00 with explosives E 39-3-706 Unauthorized possession or transportation of explosives E 39-3-710 False or malicious reports of explosives in building or structure E 39-3-711 Convicted felon carrying explosives E 39-3-803 Forging or counterfeiting of instrument or currency E 39-3-804 Transfer of forged paper E 39-3-805 Making counterfeit instrument of fictitious corporation or person E 39-3-806 Affixing fictitious signature to instrument of fictitious corporation or company E 39-3-807 Passing counterfeit bank bill which circulates as currency E 39-3-808 Possession of counterfeit bank bill E 39-3-809 Completing counterfeit bills or instruments E 39-3-810 Altering counterfeit bills or instruments E 39-3-811 Preparation of counterfeit stamp or plate E 39-3-812 Possession of counterfeit stamp or plate E 39-3-813 Making bank paper E 39-3-814 Making or mending paper, molds, or machines used in preparing bank paper E 39-3-815 Counterfeiting coin E 39-3-816 Adulteration of coin E 39-3-817 Possession or passing of counterfeit coin E 39-3-818 Making or concealing counterfeit machine E 39-3-819 Making or possessing adulterated metal for conversion into counterfeit coin E 39-3-901 Obtaining property by false pretense under $200 E 39-3-902 Receiving property obtained under false pretense under $200 E 39-3-906 Fraudulent breach of trust by disposition of collateral proceeds under security agreement under $200 E 39-3-907 Fraudulent breach of trust under $200 E 39-3-913 Selling animal under false representation of pedigree E 39-3-914 Giving false impression of death E 39-3-919(a) Packing foreign objects in cotton or tobacco E 39-3-919(b) Person from adjoining state selling cotton containing foreign objects in this state E 39-3-926(b) Removal from state of personal property subject to UCC security interest E 39-3-926(c) Removal from state of property embraced by mortgage or trust deed E 39-3-926(d) Removal from state of property the title to which is retained under conditional sales contract E 39-3-927(a) Disposal of consumer goods subject to UCC security interest under $200 E 39-3-927(b) Disposal of property covered by mortgage or trust deed under $200 E 39-3-930 Granting of security interest in personal property without title E 39-3-932 Destruction or concealment of public record under $200 E 39-3-933 Destruction or concealment of will E 39-3-936 Second or subsequent conviction for possession, sale or transfer of any apparatus for theft of telecommunication service E 39-3-944 Falsification of medical records or hospital bill E 39-3-946 False personation to obtain property under $200 E 39-3-948 False or fraudulent insurance claim E 39-3-949 False entries in books or records with intent to defraud E 39-3-951 Issuing false stock certificates E 39-3-1104 Petit larceny E 39-3-1111 Severing and carrying away fixtures, products or minerals from land under $100 E 39-3-1113 Receiving stolen goods valued under $200 E 39-3-1114 Receiving personal property stolen out of state under $200 E 39-3-1115 Bringing stolen property into state under $200 E 39-3-1117 Wrongful appropriation of property found under $200 E 39-3-1118 Appropriation of property by person having custody under $200 E 39-3-1119 Contract of bailment or agency to make wrongful appropriation under $200 E 39-3-1120 Conversion of trust fund by executor, administrator, guardian or trustee under $200 E 39-3-1121 Embezzlement by private officer, clerk or employee under $200 E 39-3-1123 Receiving embezzled property under $200 E 39-3-1124 Third or subsequent shoplifting conviction E 39-3-1125 Third or subsequent conviction for concealment of unpurchased goods (regardless of value of merchandise concealed) E 39-3-1126 Theft, embezzlement or copying trade secret E 39-3-1132 Transfer of recorded devices or manufacture or distribution without consent of owner E 39-3-1134 Offenses against parking meter E 39-3-1135 Third offense for unauthorized taking, concealing or possession of library material E 39-3-1206 Malicious trespass on farmland E 39-3-1311 Destruction of land or line marks E 39-3-1313 Destruction of tobacco plant bed or other plant beds; aiding and abetting destruction of plant bed E 39-3-1318 Cutting or removing timber from land of another for purpose of marketing E 39-3-1320 Cutting or destroying building or fences on public land E 39-3-1324 Tapping or entering telegraph, telephone, electric light and poles or gas lines E 39-3-1327 Vandalism of houses of worship, graveyards, cemetery and excavation and archaeological sites E 39-3-1404(a) Willfully gaining access to computer system with intent to defraud E 39-4-111 Leaving state after abandoning wife E 39-4-112 Leaving state after abandoning child E 39-4-113 Leaving state after court order for support E 39-4-201 Performance of criminal abortion E 39-4-202 Failure to obtain consent before abortion E 39-4-208 Unlawful research and experimentation upon aborted fetus E 39-4-301 Bigamy E 39-4-304 Marrying husband or wife of another E 39-4-305 Teaching or inducing to practice polygamy E 39-4-307 Begetting child on wife's sister E 39-4-402 Exposing child to inclement weather E 39-5-114 Bribery of or acceptance of bribe in connection with athletic sporting event E 39-5-301 Personating another in judicial proceedings E 39-5-407 State treasurer or other officer receiving interest or reward for deposit of public funds E 39-5-415 Officer having custody of a convicted felon voluntarily permitting escape E 39-5-416 Penitentiary official voluntarily permitting escape E 39-5-420 Corruptly appointing jurors E 39-5-421 False certification that conveyance of property was proven or acknowledged E 39-5-422 False noting, recording, registering or certifying conveyance of property E 39-5-433 Lobbying members of general assembly E 39-5-434 Absence of legislator for purposes of obstruction of busi-ness of general assembly E 39-5-435 Refusal of officer of bank or other corporation to deliver books or other documents to general assembly E 39-5-501 Compounding offense punishable with death or life imprisonment E 39-5-507 Encouraging disruption of communication to police and firefighters E 39-5-509(a) Interference with working of prisoners E 39-5-509(b) Leading mob to interfere with working of prisoners E 39-5-521 Intimidation of juror's family E 39-5-601 Perjury E 39-5-604 Subornation of perjury E 39-5-605 Perjury or subornation of perjury on trial for felony E 39-5-606 Misstatement of facts in an affidavit for parole/pardon E 39-5-701 Rescue of person in lawful custody for felony arrest or conviction E 39-5-702 Escape or attempt to escape from penitentiary E 39-5-703 Aiding and abetting escape or attempt to escape from penitentiary E 39-5-706 Escape or attempt to escape from local jail or workhouse E 39-5-708 Aiding or assisting prisoner to escape from place of confinement E 39-5-711 Aiding inmate of state institution to escape E 39-5-720 Bail jumping in case of felony E 39-5-833 Membership in communist party E 39-5-843 Mutilating or casting contempt on United States or Tennessee flag E 39-5-847 Willful destruction or desecration of United States flag E 39-5-848 Destruction of selective service card E 39-6-108 Offering or giving poisonous treat, candy or gift to another E 39-6-202 Obstruction of or injury to railroad tracks or equipment E 39-6-208 Cutting or taking property of electric railway E 39-6-210 Racing steamboat resulting in accident E 39-6-212 Destruction of steamboat with value under $500 E 39-6-310 Entering campuses, buildings, to incite public disturbance or violence E 39-6-322 Participating in, organizing or inciting to riot E 39-6-323 Interference with officers during riot E 39-6-324 Looting E 39-6-341 Entering school property to participate in riot E 39-6-344 Participation in riot by juvenile 16 or older confined in an institution E 39-6-345 Prisoners rioting or participating in riot E 39-6-417 Third or subsequent conviction for possession of controlled substance without valid prescription E 39-6-417(a)(1)(E) Manufacture, delivery or sale of Schedule V controlled substance E 39-6-417(a)(1)(F) Manufacture, delivery or sale of Schedule VI controlled substance E 39-6-417(a)(1)(G) Manufacture, delivery or sale of Schedule VII controlled substance E 39-6-452 Sale of glue for intoxication E 39-6-454(a) Sale of imitation controlled substance E 39-6-454(b) Manufacture of imitation controlled substance E 39-6-608 Professional gambling E 39-6-613 Keeping room or table for certain gambling E 39-6-622 Keeping place for betting on horse race E 39-6-626 Promoting prostitution E 39-6-635 Illegally transporting pinball machine into state after 6/30/80 E 39-6-701 Destruction of cemetery monument or marker E 39-6-702 Improper disposition of dead human body E 39-6-705 Removal or disinterment of dead human body for purpose of sale E 39-6-904 Second or subsequent violation of § 39-6-902 (unlawful sale of alcoholic beverages) and § 39-6-903 (unlawful sale of intoxicating bitters) E 39-6-908 Transportation of intoxicating liquors by common carrier (individual) E 39-6-909 Personal transportation of intoxicating liquors E 39-6-921 Second or subsequent conviction of unlawful storage of liquor for sale E 39-6-1104 Third or subsequent conviction for importing, preparing, distributing, possessing or appearing in obscene material E 39-6-1139 Solicitation of person to massage or expose erogenous area for compensation or permitting such solicitation E 39-6-1504 Filing fraudulent solicitation statement with secretary of state E 39-6-1522 Unauthorized interstate solicitation for police, judicial or safety association E 39-6-1609 Cutting or causing break in levee E 39-6-1713 Manufacture, possession or sale of sawed-off shotgun, sawed-off rifle or machine gun E 39-6-1716 Convicted felon carrying a firearm E 39-6-1717 Carrying dangerous weapon into establishment licensed to sell alcoholic beverages E 39-6-1718 Possession of deadly weapon on school grounds E 39-6-1719 Sale or possession of exploding bullets E (b) These classifications shall be used for sentencing after November 1, 1989, if the offense was committed on or after July 1, 1982, and prior to November 1, 1989, except first degree murder, which shall be punished by death or life imprisonment.

Legislative History

Acts 1989, ch. 591, § 6; 1990, ch. 1030, § 31; 1992, ch. 655, § 1.