Tennessee Code Annotated
Tenn. Code Ann. § 39-16-401 (2026)
Definitions for public misconduct offenses
✓ current as of May 2026
As used in this part, unless the context otherwise requires:
- (1) "Act" means a bodily movement, whether voluntary or involuntary, and includes speech;
- (2) "Law" means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, or a rule authorized by and lawfully adopted under a statute; and
- (3) "Public servant" means a person elected, selected, appointed, employed, or otherwise designated as one (1) of the following even if the public servant has not yet qualified for office or assumed the duties:
- (A) An officer, employee, or agent of government;
- (B) A juror or grand juror;
- (C) An arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy;
- (D) An attorney at law or notary public when participating in performing a governmental function;
- (E) A candidate for nomination or election to public office; or
- (F) A person who is performing a governmental function under claim of right although not legally qualified to do so.
Acts 1989, ch. 591, § 1.
Notes of Decisions
Cited in 8
cases, 1995–2017 · leading case: Ezell v. Cockrell, 902 S.W.2d 394 (Tenn. 1995).
Ezell v. Cockrell, 902 S.W.2d 394 (Tenn. 1995). “§ 38-8-301 to § 38-8-309 (1991); Tenn. Code Ann. § 39-16-401 to § 39-16-406 (1991); Tenn.”
State v. Brewer, 945 S.W.2d 803 (Tenn. Crim. App. 1997). “When the evidence is viewed in the light most favorable to the state, the record shows that he first attempted to modify the accident report by whiting out certain portions.”
State of Tennessee v. David Gilliam (Tenn. Crim. App. 2010). “T.C.A. § 39-16-401. As the court of appeals explained, [W]e conclude, without difficulty, that .”
State of Tennessee v. Jason Erik Redden (Tenn. Crim. App. 2017). “See T.C.A. § 39-16-401(3)(A) (2014) (“‘Public servant’ means a person elected, selected, appointed, employed, or otherwise designated -15- as .”
State of Tennessee v. Gerald Pendleton (Tenn. Crim. App. 2004). “” Tenn. Code Ann. § 39-16-401 (a) (2003). We conclude that the evidence, viewed in the light most favorable to the State, is sufficient to support the Defendant’s conviction.”
State of Tennessee v. Lee Roy Gass (Tenn. Crim. App. 2001). “” Tenn. Code Ann. § 39-16-401 (3) (1997). Moreover, “a public servant commits an act under color of office or employment who acts or purports to act in an official capacity or takes advantage of such actual or purported capacity.”
State of Tennessee v. Terry Butler (Tenn. Crim. App. 2016). “§ 39-16-401(3)(A). The jury instructions in this case defined “under color of office or employment” as acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity.”
Antonio Sweatt v. Fred Raney (Tenn. Ct. App. 2000). “There are, however, no allegations against any 1 In the trial court’s order granting the plaintiff’s motion to dismiss, the court held that plaintiff’s allegations that defendants violated T.C.A. § 39-16-401 and § 39-16-403 were not applicable to the factual situation in the…”
— Tenn. Code Ann. § 39-16-401(3)(A) — 3 cases
State v. Brewer, 945 S.W.2d 803 (Tenn. Crim. App. 1997). “When the evidence is viewed in the light most favorable to the state, the record shows that he first attempted to modify the accident report by whiting out certain portions.”
State of Tennessee v. Jason Erik Redden (Tenn. Crim. App. 2017). “See T.C.A. § 39-16-401(3)(A) (2014) (“‘Public servant’ means a person elected, selected, appointed, employed, or otherwise designated -15- as .”
State of Tennessee v. Terry Butler (Tenn. Crim. App. 2016). “§ 39-16-401(3)(A). The jury instructions in this case defined “under color of office or employment” as acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity.”
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