2018 Tennessee Code
Title 39 - Criminal Offenses
Chapter 16 - Offenses Against Administration of Government
Part 4 - Misconduct Involving Public Officials and Employees
§ 39-16-401. Definitions for public misconduct offenses.

Universal Citation: TN Code § 39-16-401 (2018)
  • As used in this part, unless the context otherwise requires:
  • (1) "Act" means a bodily movement, whether voluntary or involuntary, and includes speech;

  • (2) "Law" means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, or a rule authorized by and lawfully adopted under a statute; and

  • (3) "Public servant" means a person elected, selected, appointed, employed, or otherwise designated as one (1) of the following even if the public servant has not yet qualified for office or assumed the duties:

    • (A) An officer, employee, or agent of government;

    • (B) A juror or grand juror;

    • (C) An arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy;

    • (D) An attorney at law or notary public when participating in performing a governmental function;

    • (E) A candidate for nomination or election to public office; or

    • (F) A person who is performing a governmental function under claim of right although not legally qualified to do so.

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