Tennessee Code Annotated
Tenn. Code Ann. § 39-16-201 (2026)
Introduction or possession of weapons, ammunition, explosives, intoxicants, legend drugs, controlled substances, controlled substance analogues, or telecommunication devices into penal institution
✓ current as of May 2026
- (a) As used in this section, unless the context otherwise requires, "telecommunication device" means any type of instrument, device, machine, or equipment that is capable of transmitting telephonic, electronic, digital, cellular or radio communications, or any part of such instrument, device, machine or equipment that is capable of facilitating the transmission of telephonic, electronic, digital, cellular or radio communications. "Telecommunication device" shall include, but not be limited to, cellular phones, digital phones and modem equipment devices.
- (b) It is unlawful for any person to:
- (1) Knowingly and with unlawful intent take, send, or otherwise cause to be taken into any penal institution where prisoners are quartered or under custodial supervision:
- (A) Any weapon, ammunition, or explosive;
- (B) Any intoxicant, legend drug, controlled substance, or controlled substance analogue found in chapter 17, part 4 of this title; or
- (C) Any telecommunication device; or
- (2) Knowingly and with unlawful intent possess any of the following materials while present in any penal institution where prisoners are quartered or under custodial supervision without the express written consent of the chief administrator of the institution:
- (A) Any weapon, ammunition, or explosive;
- (B) Any intoxicant, legend drug, controlled substance, or controlled substance analogue found in chapter 17, part 4 of this title; or
- (C) Any telecommunication device.
- (1) Knowingly and with unlawful intent take, send, or otherwise cause to be taken into any penal institution where prisoners are quartered or under custodial supervision:
- (c)
- (1) A violation of subdivision (b)(1)(A) or (b)(2)(A) is a Class C felony.
- (2) A violation of subdivision (b)(1)(B), (b)(1)(C), or (b)(2)(B) is a Class D felony.
- (3) A violation of subdivision (b)(2)(C) is a Class E felony. A first violation is punishable only by fine. A second or subsequent violation is punishable only by a fine of three thousand dollars ($3,000).
Amended by 2021 Tenn. Acts, ch. 236, s 2, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 236, s 1, eff. 7/1/2021.
Amended by 2019 Tenn. Acts, ch. 486, s 7, eff. 7/1/2019.
Acts 1989, ch. 591, § 1; 1994, ch. 629, §§ 1, 2; 2006, ch. 1006, §§ 1 - 3; 2012 , ch. 848, § 15.
Notes of Decisions
Cited in 71
cases (5 in the last 5 years), 1992–2026 · leading case: State v. Kilpatrick, 52 S.W.3d 81 (Tenn. Crim. App. 2000).
State v. Kilpatrick, 52 S.W.3d 81 (Tenn. Crim. App. 2000). “§ 39-16-601(4) and constitutes a “penal institution where prisoners are quartered or under custodial supervision” within the meaning of Tenn. Code Ann. § 39-16-201 . See also generally Kendrick, 10 S.”
State v. Kendrick, 10 S.W.3d 650 (Tenn. Crim. App. 1999). “Tenn. Code Ann. § 39-16-201 . The trial court imposed a Range I sentence of four years.”
State v. Hicks, 835 S.W.2d 32 (Tenn. Ct. App. 1992). “These counts were based upon T.C.A. § 39-16-201: (a) It is unlawful for any person to: (1) Knowingly and with unlawful intent take, send or otherwise cause to be taken into any state, county or municipal institution where prisoners are quartered or under custodial supervision…”
Danny W. Hobbs v. State of Tennessee, 73 S.W.3d 155 (Tenn. Crim. App. 2001). “1999), this court found that the Hay House is not a penal institution as defined in Tennessee Code Annotated section 39-16-201, and reversed the conviction and dismissed the charges against defendant Kendrick.”
United States v. Celina Clay, 320 F. App'x 384 (6th Cir. 2009). “Tennessee law provides that it is unlawful to “[k]nowingly and with unlawful intent take, send or otherwise cause to be taken into any penal institution where prisoners are quartered or under custodial supervision any weapons, [or] ammunition____” Tenn. Code Ann. § 39-16-201…”
State of Tennessee v. Anthony Wayne Lankford & Christopher Arthur McKeon, 51 S.W.3d 212 (Tenn. Crim. App. 2001). ““The provisions *217 of title 39, chapter 16, including, without limitation, § 39-16-201 and §§ 39-16-605-39-16-608 shall apply to offenses committed by or with regard to inmates assigned to facilities or programs for which a prison contractor is providing correctional services.”
State of Tennessee v. Demon L. Adkins (Tenn. Crim. App. 2021). “ADKINS”: knowingly and intentionally did have in his possession, Suboxone, while present in Riverbend Maximum Security Institution, a state institution, where prisoners are quartered, under custodial supervision, without the express written consent of the chief administrator of…”
State of Tennessee v. George Washington Matthews (Tenn. Crim. App. 2017). “Tenn. Code Ann. § 39-16-201 (b)(1), (3). Telecommunication device is defined under the statute to include cellular phones.”
State of Tennessee v. Richard Burton (Tenn. Crim. App. 2008). “Tenn. Code Ann. § 39-16-201 (b), (c). The statute distinguishes between three separate offenses, each with a specified penalty.”
State of Tennessee v. John Bradford Underwood III (Tenn. Crim. App. 2021). “See T.C.A. § 39-16-201 (2018) (subsequently amended).”
State of Tennessee v. Jarus Smith (Tenn. Crim. App. 2015). “] Tenn. Code Ann. § 39-16-201 . Here, both the indictment and the jury charge provided the specific weapon, “to-wit: [a] hard, blunt object wrapped in a garment or cloth.”
State of Tennessee v. Randy B. Long (Tenn. Crim. App. 2002). “Tenn. Code Ann. § 39-16-201 (a)(1) (1997).”
— Tenn. Code Ann. § 39-16-201(a) — 3 cases
State of Tennessee v. Antonio Ramon Smiles (Tenn. Crim. App. 2008).
State of Tennessee v. Larry Ballentine (Tenn. Crim. App. 2006).
State of Tennessee v. James Anthony Hill (Tenn. Crim. App. 2004).
— Tenn. Code Ann. § 39-16-201(a)(1) — 9 cases
State v. Hicks, 835 S.W.2d 32 (Tenn. Ct. App. 1992). “These counts were based upon T.C.A. § 39-16-201: (a) It is unlawful for any person to: (1) Knowingly and with unlawful intent take, send or otherwise cause to be taken into any state, county or municipal institution where prisoners are quartered or under custodial supervision…”
State v. Kilpatrick, 52 S.W.3d 81 (Tenn. Crim. App. 2000). “§ 39-16-601(4) and constitutes a “penal institution where prisoners are quartered or under custodial supervision” within the meaning of Tenn. Code Ann. § 39-16-201 . See also generally Kendrick, 10 S.”
State of Tennessee v. Randy B. Long (Tenn. Crim. App. 2002). “Tenn. Code Ann. § 39-16-201 (a)(1) (1997).”
State of Tennessee v. Mark Dewayne Culbertson (Tenn. Crim. App. 2008).
State of Tennessee v. Jimmy Ray Rogers (Tenn. Crim. App. 2005).
— Tenn. Code Ann. § 39-16-201(a)(2) — 3 cases
State v. Kilpatrick, 52 S.W.3d 81 (Tenn. Crim. App. 2000). “§ 39-16-601(4) and constitutes a “penal institution where prisoners are quartered or under custodial supervision” within the meaning of Tenn. Code Ann. § 39-16-201 . See also generally Kendrick, 10 S.”
Timothy E. Higgs v. James Worthington, Warden (Tenn. Crim. App. 2008).
State of Tennessee v. Demetrie Owens (Tenn. Crim. App. 2004).
— Tenn. Code Ann. § 39-16-201(b) — 5 cases
State v. Kilpatrick, 52 S.W.3d 81 (Tenn. Crim. App. 2000). “§ 39-16-601(4) and constitutes a “penal institution where prisoners are quartered or under custodial supervision” within the meaning of Tenn. Code Ann. § 39-16-201 . See also generally Kendrick, 10 S.”
State of Tennessee v. Demon L. Adkins (Tenn. Crim. App. 2021). “ADKINS”: knowingly and intentionally did have in his possession, Suboxone, while present in Riverbend Maximum Security Institution, a state institution, where prisoners are quartered, under custodial supervision, without the express written consent of the chief administrator of…”
State of Tennessee v. Shun Jelks (Tenn. Crim. App. 2011).
State of Tennessee v. Michael Barnes (Tenn. Crim. App. 2014).
State of Tennessee v. Sharon Rhea (Tenn. Crim. App. 2001).
— Tenn. Code Ann. § 39-16-201(b)(1) — 6 cases
State of Tennessee v. Richard Burton (Tenn. Crim. App. 2008). “Tenn. Code Ann. § 39-16-201 (b), (c). The statute distinguishes between three separate offenses, each with a specified penalty.”
State of Tennessee v. Christopher Lynn Inman (Tenn. Crim. App. 2021).
State of Tennessee v. Justin Parliment (Tenn. Crim. App. 2012).
State of Tennessee v. Shun Jelks (Tenn. Crim. App. 2011).
State of Tennessee v. Dawn Fox Newhouse (Tenn. Crim. App. 2010).
— Tenn. Code Ann. § 39-16-201(b)(2) — 3 cases
State of Tennessee v. Demon L. Adkins (Tenn. Crim. App. 2021). “ADKINS”: knowingly and intentionally did have in his possession, Suboxone, while present in Riverbend Maximum Security Institution, a state institution, where prisoners are quartered, under custodial supervision, without the express written consent of the chief administrator of…”
State of Tennessee v. John Bradford Underwood III (Tenn. Crim. App. 2021). “See T.C.A. § 39-16-201 (2018) (subsequently amended).”
State of Tennessee v. Jarus Smith (Tenn. Crim. App. 2015). “] Tenn. Code Ann. § 39-16-201 . Here, both the indictment and the jury charge provided the specific weapon, “to-wit: [a] hard, blunt object wrapped in a garment or cloth.”
— Tenn. Code Ann. § 39-16-201(c) — 2 cases
State of Tennessee v. Demon L. Adkins (Tenn. Crim. App. 2021). “ADKINS”: knowingly and intentionally did have in his possession, Suboxone, while present in Riverbend Maximum Security Institution, a state institution, where prisoners are quartered, under custodial supervision, without the express written consent of the chief administrator of…”
State of Tennessee v. John Bradford Underwood III (Tenn. Crim. App. 2021). “See T.C.A. § 39-16-201 (2018) (subsequently amended).”
— Tenn. Code Ann. § 39-16-201(c)(1) — 1 case
State of Tennessee v. Demon L. Adkins (Tenn. Crim. App. 2021). “ADKINS”: knowingly and intentionally did have in his possession, Suboxone, while present in Riverbend Maximum Security Institution, a state institution, where prisoners are quartered, under custodial supervision, without the express written consent of the chief administrator of…”
— Tenn. Code Ann. § 39-16-201(c)(2) — 1 case
State of Tennessee v. John Bradford Underwood III (Tenn. Crim. App. 2021). “See T.C.A. § 39-16-201 (2018) (subsequently amended).”
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