Tennessee Code Annotated
Tenn. Code Ann. § 39-15-402 (2026)
Haley's Law - Aggravated child abuse and aggravated child neglect or endangerment - Definitions
✓ current as of May 2026
- (a) A person commits the offense of aggravated child abuse, aggravated child neglect or aggravated child endangerment, who commits child abuse, as defined in § 39-15-401(a); child neglect, as defined in § 39-15-401(b); or child endangerment, as defined in § 39-15-401(c) and:
- (1) The act of abuse, neglect or endangerment results in serious bodily injury to the child;
- (2) A deadly weapon, dangerous instrumentality, controlled substance or controlled substance analogue is used to accomplish the act of abuse, neglect or endangerment;
- (3) The act of abuse, neglect or endangerment was especially heinous, atrocious or cruel, or involved the infliction of torture to the victim; or
- (4) The act of abuse, neglect or endangerment results from the knowing exposure of a child to the initiation of a process intended to result in the manufacture of methamphetamine as described in § 39-17-435.
- (b) A violation of this section is a Class B felony; provided, however, that, if the abused, neglected or endangered child is eight (8) years of age or less, or is vulnerable because the victim is mentally defective, mentally incapacitated or suffers from a physical disability, the penalty is a Class A felony.
- (c) "Serious bodily injury to the child" includes, but is not limited to, second- or third-degree burns, a fracture of any bone, a concussion, subdural or subarachnoid bleeding, retinal hemorrhage, cerebral edema, brain contusion, injuries to the skin that involve severe bruising or the likelihood of permanent or protracted disfigurement, including those sustained by whipping children with objects and acts of female genital mutilation as defined in § 39-13-110.
- (d) A "dangerous instrumentality" is any item that, in the manner of its use or intended use as applied to a child, is capable of producing serious bodily injury to a child, as serious bodily injury to a child is defined in this section.
- (e) This section shall be known and may be cited as "Haley's Law".
- (f) The court may, in addition to any other punishment otherwise authorized by law, order a person convicted of aggravated 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 2019 Tenn. Acts, ch. 268,s 3, eff. 7/1/2019.
Amended by 2016 Tenn. Acts, ch. 951,s 1, eff. 7/1/2016.
Acts 1989, ch. 591, § 1; 1994, ch. 978, §§ 2, 8; 1996, ch. 1069, § 1; 1998, ch. 1040, § 1; 2005, ch. 487, § 2; 2009, ch. 88, § 1; 2009, ch. 89, § 1; 2009, ch. 418, § 2; 2011, ch. 292, §§ 5-7; 2011, ch. 313, § 2; 2012, ch. 848, § 14.
Notes of Decisions
Cited in 390
cases (51 in the last 5 years), 1995–2026 · leading case: State v. Dorantes, 331 S.W.3d 370 (Tenn. 2011).
State v. Dorantes, 331 S.W.3d 370 (Tenn. 2011). “]” Tenn. Code Ann. § 39-15-402 (a) (Supp.2002).”
State v. Hanson, 279 S.W.3d 265 (Tenn. 2009). “On June 1, 2004, the Defendant was charged with two counts of aggravated child abuse under Tennessee Code Annotated section 39-15-402 (Supp.2002) 2 — one count arising from the rib injuries (“Count I”) and a second count arising from the leg injuries (“Count II”).”
State v. Godsey, 60 S.W.3d 759 (Tenn. 2001). “" Tenn. Code Ann. § 39-15-401 (d). Aggravated child abuse is governed by Tenn.”
State of Tennessee v. Jacqueline Crank, 468 S.W.3d 15 (Tenn. 2015). “Tenn.Code Ann. § 39-15-402(c). Moreover, the Defendant has not challenged the finding of the trial court that she did not qualify for the exemption.”
State v. Toliver, 117 S.W.3d 216 (Tenn. 2003). “" Tenn.Code Ann. § 39-15-401(a) (1997). 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 child abuse is accomplished with a "deadly weapon.”
State v. DuBose, 953 S.W.2d 649 (Tenn. 1997). “" Tenn. Code Ann. § 39-15-402 (a)(1991). The offense of child abuse was defined as follows: "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…”
State v. Sherman, 266 S.W.3d 395 (Tenn. 2008). “Tenn.Code Ann. § 39-15-402(c) (2003). At a hearing on the motions, the State conceded that the Defendant had no marital relationship with Crank and was neither the parental nor the legal guardian of Jessica.”
State v. Ducker, 27 S.W.3d 889 (Tenn. 2000). “7-2-93 a child less than sixteen (16) years of age as a result of aggravated child abuse, as defined by T.C.A. 39-15-402, ... in violation of T.C.”
State v. Honeycutt, 54 S.W.3d 762 (Tenn. 2001). “The offense of aggravated child abuse, codified at Tenn.Code Ann. § 39-15-402 (1999), consists of the following elements relevant to the case under submission: 9 *771 (1) Knowingly, other by accidental means; (2) Abusing a child 10 under 18 years of age; and (3) Either: (a) a…”
State v. Hodges, 7 S.W.3d 609 (Tenn. Crim. App. 1998). “1 In February 1996, Defendant Anthony Hodges, and his wife Kena Hodges, were indicted by the Davidson County Grand Jury on one count of murder committed during the perpetration of aggravated child abuse in violation of Tennessee Code Annotated § 39-13-202(a)(2) and one count of…”
Andrew K. Armbrister v. Melissa H. Armbrister, 414 S.W.3d 685 (Tenn. 2013). “ing, medical care, education and other necessary care and the degree to which a parent or caregiver has been the primary caregiver; (3) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment; provided,…”
In Re Tamera W., 515 S.W.3d 860 (Tenn. Ct. App. 2016). “, “severe child abuse” is defined, in relevant part, as: (A)(i) The knowing exposure of a child to or the knowing failure to protect a child from abuse or neglect that is likely to cause serious bodily injury or death and the knowing use of force on a child that is likely to…”
— Tenn. Code Ann. § 39-15-402(1)(b) — 1 case
State of Tennessee v. Vernita Freeman (Tenn. Crim. App. 2010).
— Tenn. Code Ann. § 39-15-402(1991) — 1 case
State v. Roberson, 988 S.W.2d 690 (Tenn. Crim. App. 1998).
— Tenn. Code Ann. § 39-15-402(2)(2010) — 1 case
State of Tennessee v. Jamey Ray Christy (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 39-15-402(3)(2006) — 1 case
State of Tennessee v. Jamey Ray Christy (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 39-15-402(D) — 1 case
In re Jaquan B. (Tenn. Ct. App. 2016).
— Tenn. Code Ann. § 39-15-402(a) — 29 cases
State v. Dorantes, 331 S.W.3d 370 (Tenn. 2011). “]” Tenn. Code Ann. § 39-15-402 (a) (Supp.2002).”
State v. Toliver, 117 S.W.3d 216 (Tenn. 2003). “" Tenn.Code Ann. § 39-15-401(a) (1997). 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 child abuse is accomplished with a "deadly weapon.”
State v. Ducker, 27 S.W.3d 889 (Tenn. 2000). “7-2-93 a child less than sixteen (16) years of age as a result of aggravated child abuse, as defined by T.C.A. 39-15-402, ... in violation of T.C.”
State v. Roberson, 988 S.W.2d 690 (Tenn. Crim. App. 1998).
State of Tennessee v. Charles Edgar Ledford, 438 S.W.3d 543 (Tenn. Crim. App. 2014).
— Tenn. Code Ann. § 39-15-402(a)(1) — 67 cases
State v. Jones, 953 S.W.2d 695 (Tenn. Crim. App. 1996).
State v. Hodges, 7 S.W.3d 609 (Tenn. Crim. App. 1998). “1 In February 1996, Defendant Anthony Hodges, and his wife Kena Hodges, were indicted by the Davidson County Grand Jury on one count of murder committed during the perpetration of aggravated child abuse in violation of Tennessee Code Annotated § 39-13-202(a)(2) and one count of…”
Anthony Hodges v. Tony Parker, 493 F. App'x 704 (6th Cir. 2012).
State of Tennessee v. Angela Buchanan (Tenn. Crim. App. 2018).
State of Tennessee v. Erick Eugene Jones, Jr. (Tenn. Crim. App. 2021).
— Tenn. Code Ann. § 39-15-402(a)(1991) — 1 case
State v. DuBose, 953 S.W.2d 649 (Tenn. 1997). “" Tenn. Code Ann. § 39-15-402 (a)(1991). The offense of child abuse was defined as follows: "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…”
— Tenn. Code Ann. § 39-15-402(a)(2) — 7 cases
State of Tennessee v. Antonio Terrell Pewitte (Tenn. Crim. App. 2016).
State of Tennessee v. Diamond Leah Wilson (Tenn. Crim. App. 2025).
State of Tennessee v. Kwaku Aryel Okraku (Tenn. Crim. App. 2014).
State of Tennessee v. Donald Lee Harris (Tenn. Crim. App. 2019).
Okraku v. Settles (E.D. Tenn. 2020).
— Tenn. Code Ann. § 39-15-402(a)(3) — 4 cases
State of Tennessee v. Lakeisha Margaret Watkins (Tenn. Crim. App. 2011).
State of Tennessee v. Wanda Elaine Brock (Tenn. Crim. App. 2011).
State of Tennessee v. Windie L. Perry (Tenn. Crim. App. 2015).
State of Tennessee v. Errol Johnson (Tenn. Crim. App. 2017).
— Tenn. Code Ann. § 39-15-402(a)(l) — 4 cases
State v. Dorantes, 331 S.W.3d 370 (Tenn. 2011). “]” Tenn. Code Ann. § 39-15-402 (a) (Supp.2002).”
State v. Hanson, 279 S.W.3d 265 (Tenn. 2009). “On June 1, 2004, the Defendant was charged with two counts of aggravated child abuse under Tennessee Code Annotated section 39-15-402 (Supp.2002) 2 — one count arising from the rib injuries (“Count I”) and a second count arising from the leg injuries (“Count II”).”
State v. Watkins, 362 S.W.3d 530 (Tenn. 2012).
State v. Hodges, 7 S.W.3d 609 (Tenn. Crim. App. 1998). “1 In February 1996, Defendant Anthony Hodges, and his wife Kena Hodges, were indicted by the Davidson County Grand Jury on one count of murder committed during the perpetration of aggravated child abuse in violation of Tennessee Code Annotated § 39-13-202(a)(2) and one count of…”
— Tenn. Code Ann. § 39-15-402(b) — 46 cases
State v. Dorantes, 331 S.W.3d 370 (Tenn. 2011). “]” Tenn. Code Ann. § 39-15-402 (a) (Supp.2002).”
State v. Hanson, 279 S.W.3d 265 (Tenn. 2009). “On June 1, 2004, the Defendant was charged with two counts of aggravated child abuse under Tennessee Code Annotated section 39-15-402 (Supp.2002) 2 — one count arising from the rib injuries (“Count I”) and a second count arising from the leg injuries (“Count II”).”
State of Tennessee v. Rashii Brisbon (Tenn. Crim. App. 2013).
State of Tennessee v. Thomas A. Isbell (Tenn. Crim. App. 2016).
State of Tennessee v. Antonio Terrell Pewitte (Tenn. Crim. App. 2016).
— Tenn. Code Ann. § 39-15-402(c) — 23 cases
State of Tennessee v. Jacqueline Crank, 468 S.W.3d 15 (Tenn. 2015). “Tenn.Code Ann. § 39-15-402(c). Moreover, the Defendant has not challenged the finding of the trial court that she did not qualify for the exemption.”
State v. Sherman, 266 S.W.3d 395 (Tenn. 2008). “Tenn.Code Ann. § 39-15-402(c) (2003). At a hearing on the motions, the State conceded that the Defendant had no marital relationship with Crank and was neither the parental nor the legal guardian of Jessica.”
State of Tennessee v. Simon Dean Porter (Tenn. Crim. App. 2021).
In Re Treylynn T. (Tenn. Ct. App. 2020).
State of Tennessee v. Jacqueline Crank (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 39-15-402(d) — 50 cases
In Re Tamera W., 515 S.W.3d 860 (Tenn. Ct. App. 2016). “, “severe child abuse” is defined, in relevant part, as: (A)(i) The knowing exposure of a child to or the knowing failure to protect a child from abuse or neglect that is likely to cause serious bodily injury or death and the knowing use of force on a child that is likely to…”
In re Joseph F., 492 S.W.3d 690 (Tenn. Ct. App. 2016).
In re S.J., 387 S.W.3d 576 (Tenn. Ct. App. 2012).
State of Tennessee v. Zachary James Pence (Tenn. Crim. App. 2016).
In re Savannah F. (Tenn. Ct. App. 2016).
— Tenn. Code Ann. § 39-15-402(e) — 2 cases
State of Tennessee v. Jordan Gregory Love (Tenn. Crim. App. 2016).
State of Tennessee v. Lakeisha Margaret Watkins (Tenn. Crim. App. 2011).
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treatment. Dots show Syfertize treatment of the citing case itself.