Tennessee Code Annotated
Tenn. Code Ann. § 39-16-403 (2026)
Official oppression
✓ current as of May 2026
- (a) A public servant acting under color of office or employment commits an offense who:
- (1) Intentionally subjects another to mistreatment or to arrest, detention, stop, frisk, halt, search, seizure, dispossession, assessment or lien when the public servant knows the conduct is unlawful; or
- (2) Intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity, when the public servant knows the conduct is unlawful.
- (b) For purposes of this section, a public servant acts under color of office or employment if the public servant acts, or purports to act, in an official capacity or takes advantage of the actual or purported capacity.
- (c) An offense under this section is a Class E felony.
- (d) Charges for official oppression may be brought only by indictment, presentment or criminal information; provided, that nothing in this section shall deny a person from pursuing other criminal charges by affidavit of complaint.
Acts 1989, ch. 591, § 1; 1990, ch. 980, § 11.
Notes of Decisions
Cited in 25
cases (10 in the last 5 years), 1995–2026 · leading case: State of Tennessee v. Clement Dale Potter, 61 S.W.3d 348 (Tenn. Crim. App. 2001).
State of Tennessee v. Clement Dale Potter, 61 S.W.3d 348 (Tenn. Crim. App. 2001). “The presentment charged the defendant in Count One with violation of Tennessee Code Annotated section 39-16-403, Official Oppression, and in Count Two with violation of Tennessee Code Annotated section 39-16-402, Official Misconduct.”
State v. McCollum, 904 S.W.2d 114 (Tenn. 1995). “Tenn.Code Ann. § 39-16-403 (1991). . Tenn.”
Robert Bushnell v. Bedford Cnty., TN, 432 F. App'x 472 (6th Cir. 2011). “A third law, Tenn.Code Ann. § 39-16-403, is a criminal statute prohibiting public officials from intentionally violating a citizen’s rights, but it cannot be a RICO predicate offense because the law has nothing to do with any of the types of criminal activity outlined in §…”
Morris v. City of Ridgetop, Tennessee (M.D. Tenn. 2025). “Defendants further argue Plaintiffs’ claim for official oppression fails as a matter of law, because T.C.A. § 39-16-403 does not provide for a private cause of action.”
John Schmeeckle v. Hamilton Cnty., TN (Tenn. Ct. App. 2023). “” Tenn. Code Ann. § 39-16-403 (a)(2). -9- Respectfully, we disagree.”
State of Tennessee v. David Gilliam (Tenn. Crim. App. 2010). “-3- T.C.A. § 39-16-403. Code section 39-16-401 defines the term public servant: (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…”
State of Tennessee v. Terry Butler (Tenn. Crim. App. 2016). “Tennessee Code Annotated section 39-16-403(a)(1) defines official oppression, in relevant part, as follows: “A public servant acting under color of office or employment .”
State of Tennessee v. John Smith (Tenn. Crim. App. 2017). “” T.C.A. § 39-16-403(a)(1). “[A] public servant acts under color of office or employment if the public servant acts, or purports to act, in an official capacity or takes advantage of the actual or purported capacity.”
Bohler v. City of Fairview, Tennessee (M.D. Tenn. 2019). “) Count VIII was a claim for official oppression in violation of Tenn. Code Ann. § 39-16-403 . (Id. ¶¶ 189–94.”
Lee v. Stewart (M.D. Tenn. 2020). “§ 39-16-502 (false reporting); Tenn. Code Ann. § 39-16-702 (perjury); Tenn.”
Shannon v. Risper (M.D. Tenn. 2020). “at 1–2 (citing Tenn. Code Ann. §§ 39-16-403 , 41- 1-103 and 18 U.”
Illum'maati v. Bailey (M.D. Tenn. 2021). “Allegations of Criminal Conduct The complaint also alleges that some or all defendants engaged in activity in violation of state criminal statutes, including Tenn. Code Ann. §§ 39-16-403 , 41-1-103, and 47-25-1105(a) as well as 18 U.”
— Tenn. Code Ann. § 39-16-403(a)(1) — 2 cases
State of Tennessee v. Terry Butler (Tenn. Crim. App. 2016). “Tennessee Code Annotated section 39-16-403(a)(1) defines official oppression, in relevant part, as follows: “A public servant acting under color of office or employment .”
State of Tennessee v. John Smith (Tenn. Crim. App. 2017). “” T.C.A. § 39-16-403(a)(1). “[A] public servant acts under color of office or employment if the public servant acts, or purports to act, in an official capacity or takes advantage of the actual or purported capacity.”
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