Tennessee Code Annotated
Tenn. Code Ann. § 39-16-106 (2026)
Exceptions and defenses
✓ current as of May 2026
- (a) It is an exception to the application of §§ 39-16-102, 39-16-104 and 39-16-105, that the benefit involved is a fee prescribed by law to be received by a public servant or any other benefit to which the public servant is lawfully entitled.
- (b) It is a defense to prosecution under §§ 39-16-102, 39-16-104 and 39-16-105, that the benefit involved was:
- (1) A trivial benefit incidental to personal, professional, or business contacts, which involves no substantial risk of undermining official impartiality; or
- (2) A lawful contribution made for the political campaign of an elective public servant when the public servant is a candidate for nomination or election to public office.
Acts 1989, ch. 591, § 1.
Notes of Decisions
Cited in 1
case, 2005–2005 · leading case: State v. Adams, 238 S.W.3d 313 (Tenn. Crim. App. 2005).
State v. Adams, 238 S.W.3d 313 (Tenn. Crim. App. 2005). “” Tenn.Code Ann. § 39-16-106(a)(12). 4 At the conclusion of the proof, the trial court determined that it would charge the jury with resisting arrest and the lesser-included offense of “attempt to resist arrest.”
— Tenn. Code Ann. § 39-16-106(a)(12) — 1 case
State v. Adams, 238 S.W.3d 313 (Tenn. Crim. App. 2005). “” Tenn.Code Ann. § 39-16-106(a)(12). 4 At the conclusion of the proof, the trial court determined that it would charge the jury with resisting arrest and the lesser-included offense of “attempt to resist arrest.”
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