2020 Tennessee Code
Title 40 - Criminal Procedure
Chapter 2 - Limitation of Prosecutions
§ 40-2-102. Misdemeanors

Universal Citation: TN Code § 40-2-102 (2020)
  1. Except as provided in § 62-18-120(g) and subsection (b) of this section, all prosecutions for misdemeanors shall be commenced within the twelve (12) months after the offense has been committed, except gaming, which shall be commenced within six (6) months.
  2. Prosecutions under § 39-16-301 for criminal impersonation accomplished through the use of a fraudulently obtained driver license shall be commenced within one (1) year of the date the driver license expires or within three (3) years of the date the nonexpired driver license was last used to falsely impersonate the person in whose name the driver license was issued, whichever is longer.

Code 1858, § 4983 (deriv. Acts 1831, ch. 82); Shan., § 6942; mod. Code 1932, § 11484; T.C.A. (orig. ed.), § 40-204; Acts 1985, ch. 146, § 1; 1999, ch. 374, § 1.

Cross-References. Penalties for land surveyor violations, §62-18-120.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 16.82.

Tennessee Jurisprudence, 13 Tenn. Juris., Gaming, Gambling and Gambling Contracts, §§ 9, 10; 18 Tenn. Juris., Limitations of Actions, § 18.

Attorney General Opinions. “Gambling device” construed to include gambling software, OAG 98-0173 (8/28/98).

Gaming includes gambling and activities involving gambling, OAG 99-127 (6/29/99).

Statute of limitations for gambling promotion, OAG 99-127 (6/29/99).

A prosecution for the sale of beer to minors must commence within 12 months if a Class A misdemeanor and within two years if a Class E felony, OAG 01-062 (4/20/01).

Retired misdemeanor cases.  OAG 11-4, 2011 Tenn. AG LEXIS 4 (1/7/11).

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