2014 Tennessee Code
Title 53 - Food, Drugs And Cosmetics
Chapter 11 - Narcotic Drugs and Drug Control
Part 4 - Criminal Penalties and Enforcement
§ 53-11-416 - Offense of prescription drug fraud.

TN Code § 53-11-416 (2014) What's This?

(a) It is unlawful for any person knowingly or intentionally to acquire or obtain, or attempt to acquire or obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge or in violation of § 39-14-150. A violation of this section shall be deemed the offense of prescription drug fraud.

(b) Prescription drug fraud is a continuing offense because the offense may involve an unlawful taking and use of personal identifying information that remains in the lawful possession of a victim wherever the victim currently resides or is found. As provided in this section, such unlawful taking and use may be elements of an offense of prescription drug fraud and continues to occur wherever the victim resides or is found.

(c) For purposes of a violation of this section, "victim" includes, but is not limited to, the person whose personal identifying information, as defined in § 39-14-150(e), was acquired, obtained, possessed, bought, or used in violation of this section or sold, transferred, given, traded, loaned, delivered, or possessed in violation of this section. "Victim" also includes, but is not limited to, a physician, nurse practitioner, or other health care provider whose personal identifying information was unlawfully used.

(d) Pursuant to §§ 39-11-103 and 39-14-150(j)(2), if a victim of prescription drug fraud resides or is found in this state, an essential element of the offense is committed in this state, and a defendant is subject to prosecution in this state, regardless of whether the defendant was ever actually in this state.

(e) Venue for the offense of prescription drug fraud shall be in any county where an essential element of the offense was committed, including, but not limited to, in any county where the victim resides or is found, regardless of whether the defendant was ever actually in such county.

(f) The offense of prescription drug fraud shall be punished in the same manner as a violation of § 53-11-402.

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