2023 Tennessee Code
Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812)
Chapter 17 - OFFENSES AGAINST PUBLIC HEALTH, SAFETY AND WELFARE (§§ 39-17-101 — 39-17-1812)
Part 1 - MISCELLANEOUS (§§ 39-17-101 — 39-17-117)
Section 39-17-108 - Tampering with construction signs and barricades - Travel on closed roads - Definitions

• (a) As used in this section, unless the context otherwise requires:
  • (1) "Barricade" means a barrier for obstructing the passage of motor vehicle traffic;
  • (2) "Detour sign" means any sign placed across or on a public road of the state, by the state, the county or municipal authorities or by their contractors, indicating that the road is closed or partially closed, which sign also indicates the direction of an alternate route to be followed to give access to certain points;
  • (3) "Fence" means a barrier to prevent the intrusion of motor vehicle traffic;
  • (4) "Officially closed" means a highway or road that has been officially closed by a governmental unit, the department of transportation, a city or a county; and
  • (5) "Warning sign" means a sign indicating construction work in the area.

• (b) A person commits an offense who intentionally:
  • (1) Destroys, knocks down, removes, defaces, or alters any lighting flasher letters or figures on a detour or warning sign set upon a highway or road of this state;
  • (2) Knocks down, removes, rearranges, destroys, defaces or alters any letters or figures on a barricade or fence erected on any highway or road of this state;
  • (3) Drives around or through any barricade or fence on any officially closed highway or road of this state;
  • (4) Drives around a detour sign or barricade or fence; or
  • (5) Ignores or disregards a warning sign before the road has been officially opened to public traffic by the department, or in appropriate cases by the county or municipal officer responsible for constructing or maintaining such roads.

• (c) A violation of this section is a Class A misdemeanor.

• (d) This section shall have no application to:
  • (1) Law enforcement officers in the performance of their duties;
  • (2) Employees of the Tennessee department of transportation;
  • (3) Contractors performing work on the highways;
  • (4) Federal authorities when engaged in inspection of surveys, repairs, maintenance, or construction on or alongside the highways or within the right-of-way;
  • (5) Individuals domiciled or making their livelihood within the affected areas; or
  • (6) Any person or group of persons that shall be authorized by the commissioner, or appropriate county or municipal officer.

Acts 1989, ch. 591, § 1.