Tennessee Code Annotated
Tenn. Code Ann. § 39-15-401 (2026)
Child abuse and child neglect or endangerment
✓ current as of May 2026
- (a) Any person who knowingly, other than by accidental means, treats a child under eighteen (18) years of age in such a manner as to inflict injury commits a Class A misdemeanor; provided, however, that, if the abused child is eight (8) years of age or less, the penalty is a Class D felony.
- (b) Any person who knowingly abuses or neglects a child under eighteen (18) years of age, so as to adversely affect the child's health and welfare, commits a Class A misdemeanor; provided, that, if the abused or neglected child is eight (8) years of age or less, the penalty is a Class E felony.
- (c)
- (1)
- (A) A parent or custodian of a child eight (8) years of age or less commits child endangerment who knowingly exposes such child to or knowingly fails to protect such child from abuse or neglect resulting in physical injury or imminent danger to the child.
- (B) For purposes of this subsection (c):
- (i) "Imminent danger" means the existence of any condition or practice that could reasonably be expected to cause death or serious bodily injury;
- (ii) "Knowingly" means the person knew, or should have known upon a reasonable inquiry, that abuse to or neglect of the child would occur which would result in physical injury to the child. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary parent or legal custodian of a child eight (8) years of age or less would exercise under all the circumstances as viewed from the defendant's standpoint; and
- (iii) "Parent or custodian" means the biological or adoptive parent or any person who has legal custody of the child.
- (C) A violation of this subsection (c) is a Class A misdemeanor.
- (2) Unless § 40-39-211(c) applies, a parent or guardian of a child under eighteen (18) years of age who knowingly allows the child to be under the care or supervision of a person who is an offender, as defined in § 40-39-202, and required to register pursuant to title 40, chapter 39, part 2, or allows the child to be unaccompanied with a person who is required to register as a sexual offender pursuant to title 40, chapter 39, part 2, commits a Class A misdemeanor.
- (1)
- (d)
- (1) Any person who negligently, by act or omission, engages in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment, commits a Class A misdemeanor; except that, if the abused child is eight (8) years of age or less, the penalty is a Class B felony.
- (2) For purposes of this subsection (d), a person engages in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if the person's conduct related to the controlled substance methamphetamine or any other controlled substance listed in chapter 17, part 4 of this title, except a Schedule VI controlled substance, exposes the child to the controlled substance and an analysis of a specimen of the child's blood, hair, fingernail, urine, or other bodily substance indicates the presence of methamphetamine or any other controlled substance listed in chapter 17, part 4 of this title, except a Schedule VI controlled substance, in the child's body.
- (e)
- (1) Any court having reasonable cause to believe that a person is guilty of violating this section shall have the person brought before the court, either by summons or warrant. No arrest warrant or summons shall be issued by any person authorized to issue the warrant or summons, nor shall criminal charges be instituted against a child's parent, guardian or custodian for a violation of subsection (a), based upon the allegation that unreasonable corporal punishment was administered to the child, unless the affidavit of complaint also contains a copy of the report prepared by the law enforcement official who investigated the allegation, or independent medical verification of injury to the child.
- (2)
- (A) As provided in this subdivision (e)(2), juvenile courts, courts of general session, and circuit and criminal courts, shall have concurrent jurisdiction to hear violations of this section.
- (B) If the person pleads not guilty, the juvenile judge or general sessions judge shall have the power to bind the person over to the grand jury, as in cases of misdemeanors under the criminal laws of this state. Upon being bound over to the grand jury, the person may be prosecuted on an indictment filed by the district attorney general and, notwithstanding § 40-13-103, a prosecutor need not be named on the indictment.
- (C) On a plea of not guilty, the juvenile court judge or general sessions judge shall have the power to proceed to hear the case on its merits, without the intervention of a jury, if the person requests a hearing in juvenile court or general sessions court and expressly waives, in writing, indictment, presentment, grand jury investigation and a jury trial.
- (D) If the person enters a plea of guilty, the juvenile court or general sessions court judge shall sentence the person under this section.
- (E) Regardless of whether the person pleads guilty or not guilty, the circuit court or criminal court shall have the power to proceed to hear the case on its merits, and, if found guilty, to sentence the person under this section.
- (f) Except as expressly provided, this section shall not be construed as repealing any provision of any other statute, but shall be supplementary to any other provision and cumulative of any other provision.
- (g) A violation of this section may be a lesser included offense of any kind of homicide, statutory assault, or sexual offense, if the victim is a child and the evidence supports a charge under this section. In any case in which conduct violating this section also constitutes assault, the conduct may be prosecuted under this section or under § 39-13-101 or § 39-13-102, or both.
- (h) As used in this section, "adversely affect the child's health and welfare" may include, but is not limited to, adverse effects on the emotional and mental health and welfare of the child, the natural effects of starvation or dehydration, or acts of female genital mutilation, as defined in § 39-13-110.
- (i) The court may, in addition to any other punishment otherwise authorized by law, order a person convicted of child abuse to refrain from having any contact with the victim of the offense, including, but not limited to, attempted contact through internet services or social networking websites; provided, that the person has no parental rights to such victim at the time of the court's order.
Amended by 2024 Tenn. Acts, ch. 952,s 1, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 885,s 1, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 985, s 1, eff. 7/1/2022.
Amended by 2021 Tenn. Acts, ch. 511, s 1, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 268, s 2, eff. 7/1/2019.
Amended by 2017 Tenn. Acts, ch. 381, s 2, eff. 7/1/2017.
Amended by 2017 Tenn. Acts, ch. 381, s 1, eff. 7/1/2017.
Acts 1989, ch. 591, § 1; 1994, ch. 978, § 1; 1996, ch. 962, § 1; 1998, ch. 1040, § 2; 2005, ch. 487, § 1; 2006, ch. 939, § 1; 2008 , ch. 1024, § 1; 2009 , ch. 335, § 1; 2009 , ch. 418, § 1; 2009 , ch. 585, § 1; 2011 , ch. 313, § 1.
Notes of Decisions
Cited in 378
cases (40 in the last 5 years), 1996–2026 · leading case: State v. Hanson, 279 S.W.3d 265 (Tenn. 2009).
State v. Hanson, 279 S.W.3d 265 (Tenn. 2009). “Tenn.Code Ann. §§ 39-15-401 to 402. Judge Robert W.”
State v. Godsey, 60 S.W.3d 759 (Tenn. 2001). “In support of this argument, the defendant relies upon Tenn. Code Ann. § 39-15-401 (d) which designates child abuse and neglect as a lesser included offense "of any kind of homicide.”
State v. Dorantes, 331 S.W.3d 370 (Tenn. 2011). “See Tenn.Code Ann. §§ 39-15-401 & -402. The defendant contends that he is entitled to a new trial because the instruction would have clarified the obligation of the State to prove aggravated child abuse through infliction of injury rather than aggravated child abuse through…”
State v. Mateyko, 53 S.W.3d 666 (Tenn. 2001). “The defendant was charged and convicted of child abuse through neglect in violation of Tennessee Code Annotated section 39-15-401(a). The Court of Criminal Appeals reversed the conviction, finding that the State did not establish that the defendant’s children suffered any…”
State v. Toliver, 117 S.W.3d 216 (Tenn. 2003). “The offense of aggravated child abuse is committed when (1) the act of child abuse results in "serious bodily injury" to the child or (2) the act of *226 child abuse is accomplished with a "deadly weapon.”
State v. DuBose, 953 S.W.2d 649 (Tenn. 1997). “The State contends that the evidence was admissible to show the cause of death, and also that the injury was caused "knowingly, other than by accidental means," as provided in Tenn. Code Ann. § 39-15-401 (a)(1991). The defendant would invoke Rule 404(b) of the Tennessee Rules of…”
State of Tennessee v. Nelson Aguilar Gomez & Florinda Lopez, 367 S.W.3d 237 (Tenn. 2012). “” Compare Tenn. Code Ann. § 39-15-401 (c) (2010) 4 with Tenn.”
State v. Sherman, 266 S.W.3d 395 (Tenn. 2008). “Duty under Tenn.Code Ann. § 39-15-401 At the time of Jessica’s death, the legislation governing child abuse and neglect provided as follows: (a) Any person who knowingly, other than by accidental means, treats a child under eighteen (18) years of age in such a manner as to…”
State of Tennessee v. Jacqueline Crank, 468 S.W.3d 15 (Tenn. 2015). “1 Initially, the trial court also dismissed the charge against the Defendant based upon a 2005 amendment to section 39-15-401 that made the child neglect portion of the statute applicable only to children under thirteen years of age.”
State v. Ducker, 27 S.W.3d 889 (Tenn. 2000). “Tenn.Code Ann. § 39-15-401 (1994) (emphasis added).”
State v. Watkins, 362 S.W.3d 530 (Tenn. 2012). “as defined in § 39-15-401 ... and ... [t]he act of abuse .”
State v. Hodges, 7 S.W.3d 609 (Tenn. Crim. App. 1998). “In turn, the cross-referenced § 39-15-401, entitled “Child Abuse and Neglect,” stated: Any person who knowingly, other than by accidental means, treats a child under eighteen (18) years of age in such a manner as to inflict injury or neglects such a child so as to adversely…”
— Tenn. Code Ann. § 39-15-401(a) — 136 cases
State v. Mateyko, 53 S.W.3d 666 (Tenn. 2001). “The defendant was charged and convicted of child abuse through neglect in violation of Tennessee Code Annotated section 39-15-401(a). The Court of Criminal Appeals reversed the conviction, finding that the State did not establish that the defendant’s children suffered any…”
State v. Hanson, 279 S.W.3d 265 (Tenn. 2009). “Tenn.Code Ann. §§ 39-15-401 to 402. Judge Robert W.”
State v. Sherman, 266 S.W.3d 395 (Tenn. 2008). “Duty under Tenn.Code Ann. § 39-15-401 At the time of Jessica’s death, the legislation governing child abuse and neglect provided as follows: (a) Any person who knowingly, other than by accidental means, treats a child under eighteen (18) years of age in such a manner as to…”
State v. Toliver, 117 S.W.3d 216 (Tenn. 2003). “The offense of aggravated child abuse is committed when (1) the act of child abuse results in "serious bodily injury" to the child or (2) the act of *226 child abuse is accomplished with a "deadly weapon.”
State v. Brown, 311 S.W.3d 422 (Tenn. 2010).
— Tenn. Code Ann. § 39-15-401(a)(1) — 1 case
State of Tennessee v. Rebecca M. Davis (Tenn. Crim. App. 2025).
— Tenn. Code Ann. § 39-15-401(a)(1991) — 1 case
State v. DuBose, 953 S.W.2d 649 (Tenn. 1997). “The State contends that the evidence was admissible to show the cause of death, and also that the injury was caused "knowingly, other than by accidental means," as provided in Tenn. Code Ann. § 39-15-401 (a)(1991). The defendant would invoke Rule 404(b) of the Tennessee Rules of…”
— Tenn. Code Ann. § 39-15-401(a)(2014) — 1 case
State of Tennessee v. Joshua R. Starner & Caitlyn Metz (Tenn. Crim. App. 2016).
— Tenn. Code Ann. § 39-15-401(b) — 60 cases
State of Tennessee v. Jacqueline Crank, 468 S.W.3d 15 (Tenn. 2015). “1 Initially, the trial court also dismissed the charge against the Defendant based upon a 2005 amendment to section 39-15-401 that made the child neglect portion of the statute applicable only to children under thirteen years of age.”
Juan Alberto Blanco Garcia v. State of Tennessee, 425 S.W.3d 248 (Tenn. 2013).
State of Tennessee v. Erick Eugene Jones, Jr. (Tenn. Crim. App. 2021).
State of Tennessee v. Danita Lanette Wilson & Tiffany Nicole Norman (Tenn. Crim. App. 2011).
State of Tennessee v. Dewey Burton, Jr. (Tenn. Crim. App. 2016).
— Tenn. Code Ann. § 39-15-401(b)(1) — 1 case
State of Tennessee v. Joseph Cox (Tenn. Crim. App. 2021).
— Tenn. Code Ann. § 39-15-401(b)(2006) — 1 case
State of Tennessee v. Jamey Ray Christy (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 39-15-401(b)(2014) — 1 case
State of Tennessee v. Charles Allen McKinney (Tenn. Crim. App. 2016).
— Tenn. Code Ann. § 39-15-401(c) — 12 cases
State of Tennessee v. Nelson Aguilar Gomez & Florinda Lopez, 367 S.W.3d 237 (Tenn. 2012). “” Compare Tenn. Code Ann. § 39-15-401 (c) (2010) 4 with Tenn.”
In Re Treylynn T. (Tenn. Ct. App. 2020).
State of Tennessee v. Terry Patterson (Tenn. Crim. App. 2018).
State of Tennessee v. Deandre Blake - Concurring (Tenn. Crim. App. 2011).
State of Tennessee v. Ashley Bradshaw (Tenn. Crim. App. 2015).
— Tenn. Code Ann. § 39-15-401(c)(1) — 1 case
State of Tennessee v. Rebecca M. Davis (Tenn. Crim. App. 2025).
— Tenn. Code Ann. § 39-15-401(c)(1)(A) — 1 case
State of Tennessee v. Love T. Anderson (Tenn. Crim. App. 2025).
— Tenn. Code Ann. § 39-15-401(d) — 10 cases
State v. Godsey, 60 S.W.3d 759 (Tenn. 2001). “In support of this argument, the defendant relies upon Tenn. Code Ann. § 39-15-401 (d) which designates child abuse and neglect as a lesser included offense "of any kind of homicide.”
State v. Burns, 6 S.W.3d 453 (Tenn. 1999).
State v. Ducker, 27 S.W.3d 889 (Tenn. 2000). “Tenn.Code Ann. § 39-15-401 (1994) (emphasis added).”
State v. Humphreys, 70 S.W.3d 752 (Tenn. Crim. App. 2001).
State v. Swindle, 30 S.W.3d 289 (Tenn. 2000).
— Tenn. Code Ann. § 39-15-401(d)(1) — 2 cases
State of Tennessee v. Joseph Cox (Tenn. Crim. App. 2021).
State of Tennessee v. Charles Hubert Russell (Tenn. Crim. App. 2026).
— Tenn. Code Ann. § 39-15-401(d)(2) — 1 case
In Re Justin A. H. (Tenn. Ct. App. 2014).
— Tenn. Code Ann. § 39-15-401(e) — 3 cases
Darryl Lee Elkins v. State of Tennessee & Rhonda Grills v. State of Tennessee (Tenn. Crim. App. 2008).
State of Tennessee v. Kenneth Earl Whitten (Tenn. Crim. App. 2010).
State of Tennessee v.Dwight R. Walton (Tenn. Crim. App. 2015).
— Tenn. Code Ann. § 39-15-401(f) — 6 cases
State v. Watkins, 362 S.W.3d 530 (Tenn. 2012). “as defined in § 39-15-401 ... and ... [t]he act of abuse .”
State of Tennessee v. John J. Ortega, Jr. (Tenn. Crim. App. 2015).
State of Tennessee v. David Alan Corbitt (Tenn. Crim. App. 2016).
State of Tennessee v. Justin W. Walkington (Tenn. Crim. App. 2020).
State of Tennessee v. Thomas E. Campbell (Tenn. Crim. App. 2011).
— Tenn. Code Ann. § 39-15-401(g) — 1 case
State of Tennessee v. Amanda Jean Phillips (Tenn. Crim. App. 2026).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.