Tennessee Code Annotated
Tenn. Code Ann. § 39-16-504 (2026)
Destruction of and tampering with governmental records
✓ current as of May 2026
- (a) It is unlawful for any person to:
- (1) Knowingly make a false entry in, or false alteration of, a governmental record;
- (2) Make, present, or use any record, document or thing with knowledge of its falsity and with intent that it will be taken as a genuine governmental record; or
- (3) Intentionally and unlawfully destroy, conceal, remove or otherwise impair the verity, legibility or availability of a governmental record.
- (b) A violation of this section is a Class E felony.
- (c)
- (1) Upon notification from any public official having custody of government records, including those created by municipal, county or state government agencies, that records have been unlawfully removed from a government records office, appropriate legal action may be taken by the city attorney, county attorney or attorney general, as the case may be, to obtain a warrant for possession of any public records which have been unlawfully transferred or removed in violation of this section.
- (2) The records shall be returned to the office of origin immediately after safeguards are established to prevent further recurrence of unlawful transfer or removal.
Amended by 2019 Tenn. Acts, ch. 495,s 1, eff. 7/1/2019.
Acts 1989, ch. 591, § 1; 1998, ch. 906, § 1.
Notes of Decisions
Cited in 9
cases (2 in the last 5 years), 2006–2024 · leading case: Jefferson Cnty., Tennessee v. Margaret Smith (Tenn. Ct. App. 2011).
Jefferson Cnty., Tennessee v. Margaret Smith (Tenn. Ct. App. 2011). “The action was filed pursuant to Tenn. Code Ann. § 39-16-504 , which prohibits the destruction of, tampering with, or fabrication of government records.”
Universal Life Church Monastery Storehouse v. Nabors (M.D. Tenn. 2020). “Tenn. Code Ann. § 39-16-504 (a)(1).” (Second Amended Complaint ¶ 31).”
Dr. William P. Harman v. The Univ. of Tennessee (Tenn. Ct. App. 2010). “8 Tennessee Code Annotated § 39-16-504 provides in pertinent part: (a) It is unlawful for any person to: (1) Knowingly make a false entry in, or false alteration of, a governmental record; (2) Make, present, or use any record, document or thing with knowledge of its falsity and…”
State of Tennessee v. Betty Chumbley (Tenn. Crim. App. 2007). “§ 39-16-402; and one count of destruction of and tampering with governmental records, T.C.A. § 39-16-504. In her statement included in the presentence report, the defendant said that on several occasions starting in 2004, she appropriated for her personal use money intended to…”
State of Tennessee v. Roseanne K. Ward & Jerry W. Ward (Tenn. Crim. App. 2007). “The defendants were indicted for crimes against revenue officers, Tennessee Code Annotated section 67-1-1440(d), and tampering with governmental records, Tennessee Code Annotated section 39-16-504(a)(1) on June 6, 2005. These indictments stemmed from an incident on April 8,…”
State of Tennessee v. Jerry Ward & Rosanne K. Ward (Tenn. Crim. App. 2006). “OPINION The defendants were indicted for crimes against revenue officers, Tennessee Code Annotated section 67-1-1440(d), and tampering with governmental records, Tennessee Code Annotated section 39-16-504(a)(1) on June 6, 2005. These indictments stemmed from an incident on April…”
State of Tennessee v. Walter Francis Fitzpatrick, III (Tenn. Crim. App. 2014). “The Monroe County Grand Jury indicted Appellant for tampering with governmental records pursuant to Tennessee Code Annotated section 39-16-504. On December 3, 2012, a jury found Appellant guilty as charged.”
Universal Life Church Monastery v. Wayne Nabors (6th Cir. 2022). “See TCA § 39-16-504(a)(1); Second Br. [21-5100] at 9.”
Jose Marcus Perrusquia v. Floyd Bonner, Jr. (Tenn. Ct. App. 2024). “” The statute also clarifies that it “does not absolve a public official from criminal liability for intentionally or knowingly altering or destroying a public record in violation of § 39-16-504.” Tenn. Code Ann. § 10-7 - 503(h)(5).”
— Tenn. Code Ann. § 39-16-504(a) — 1 case
Dr. William P. Harman v. The Univ. of Tennessee (Tenn. Ct. App. 2010). “8 Tennessee Code Annotated § 39-16-504 provides in pertinent part: (a) It is unlawful for any person to: (1) Knowingly make a false entry in, or false alteration of, a governmental record; (2) Make, present, or use any record, document or thing with knowledge of its falsity and…”
— Tenn. Code Ann. § 39-16-504(a)(1) — 3 cases
State of Tennessee v. Roseanne K. Ward & Jerry W. Ward (Tenn. Crim. App. 2007). “The defendants were indicted for crimes against revenue officers, Tennessee Code Annotated section 67-1-1440(d), and tampering with governmental records, Tennessee Code Annotated section 39-16-504(a)(1) on June 6, 2005. These indictments stemmed from an incident on April 8,…”
State of Tennessee v. Jerry Ward & Rosanne K. Ward (Tenn. Crim. App. 2006). “OPINION The defendants were indicted for crimes against revenue officers, Tennessee Code Annotated section 67-1-1440(d), and tampering with governmental records, Tennessee Code Annotated section 39-16-504(a)(1) on June 6, 2005. These indictments stemmed from an incident on April…”
Universal Life Church Monastery v. Wayne Nabors (6th Cir. 2022). “See TCA § 39-16-504(a)(1); Second Br. [21-5100] at 9.”
— Tenn. Code Ann. § 39-16-504(c)(1) — 1 case
Jefferson Cnty., Tennessee v. Margaret Smith (Tenn. Ct. App. 2011). “The action was filed pursuant to Tenn. Code Ann. § 39-16-504 , which prohibits the destruction of, tampering with, or fabrication of government records.”
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