Tennessee Code Annotated
Tenn. Code Ann. § 39-16-601 (2026)
Part definitions
✓ current as of May 2026
As used in this part, unless the context otherwise requires:
- (1) "Complaining witness" means a person who signs a criminal complaint;
- (2) "Custody" means under arrest by a law enforcement officer or under restraint by a public servant pursuant to an order of a court;
- (3) "Escape" means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period, but does not include a violation of conditions of probation or parole; and
- (4) "Penal institution" includes any institution or facility used to house or detain a person:
- (A) Convicted of a crime;
- (B) Adjudicated delinquent by a juvenile court;
- (C) Who is in direct or indirect custody after a lawful arrest; or
- (D) When such institution or facility is a court-operated long-term residential substance abuse facility.
Acts 1989, ch. 591, § 1; 1996, ch. 1079, § 125; 2010, ch. 1124, § 3.
Notes of Decisions
Cited in 32
cases (3 in the last 5 years), 1994–2026 · leading case: State v. Campbell, 245 S.W.3d 331 (Tenn. 2008).
State v. Campbell, 245 S.W.3d 331 (Tenn. 2008). ““It is unlawful for any person arrested for, charged with, or convicted of an offense to escape from a penal institution, as defined in § 39-16-601.” Tenn.Code Ann. § 39-16-605(a) (2006).”
State v. Walls, 62 S.W.3d 119 (Tenn. 2001). “” See Tenn.Code Ann. § 39-16-601 (1997). One related offense in the same statutory chapter and *123 part is “resisting” a stop, frisk, halt, arrest or search, which occurs when a person intentionally prevents] or obstruct[s] anyone known to the person to be a law enforcement…”
State v. Kendrick, 10 S.W.3d 650 (Tenn. Crim. App. 1999). “Tenn. Code Ann. § 39-16-605 . The underlying rationale for the decision was that a community corrections office did not qualify as a penal institution.”
Cheryl Sinclair v. Lauderdale Cnty., Tenn., 652 F. App'x 429 (6th Cir. 2016). “]” Tenn. Code Ann. § 39-16-601 (3) (emphasis added).”
State v. Ferrell, 277 S.W.3d 372 (Tenn. 2009). “” Tenn.Code Ann. § 39-16-601(3) (1997). Because this statute “does not plainly dispense with a mental element, intent, knowledge or recklessness suffices to establish the culpable mental state.”
Bentley v. State, 938 S.W.2d 706 (Tenn. Crim. App. 1996). “For purposes of the escape statute, T.C.A. § 39-16-601 defines “penal institution” as “any institution used to house or detain a person: (A) [c]onvicted of a crime; or (B) [w]ho is in direct or indirect custody after a lawful arrest.”
State v. Kilpatrick, 52 S.W.3d 81 (Tenn. Crim. App. 2000). “1996), the county jail in which the defendant was detained falls, in our view, within the definition of penal institution contained in Tenn.Code Ann. § 39-16-601(4) and constitutes a “penal institution where prisoners are quartered or under custodial supervision” within the…”
State v. Culp, 891 S.W.2d 232 (Tenn. Crim. App. 1994). “Whether the trial court erred in denying appellant’s motion for judgment of acquittal because the state allegedly failed to prove that he departed from “custody” as defined by T.C.A. § 39-16-601. II. Whether the trial court erred in denying appellant’s post-trial motion for…”
State of Tennessee v. Anthony Wayne Lankford & Christopher Arthur McKeon, 51 S.W.3d 212 (Tenn. Crim. App. 2001). “Tennessee’s escape statute reads: (a) It is unlawful for any person arrested for, charged with, or convicted of an offense to escape from a penal institution, as defined in § 39-16-601. TenmCode Ann. § 39-16-605(a) (1997).”
United States v. Goodman, 519 F.3d 310 (6th Cir. 2008). “” Tenn.Code Ann. § 39-16-605(a). Separately, Tennessee law states that a “ ‘[p]enal institution’ includes any institution or facility used to house or detain a person.”
State v. Michael Holmes, 995 S.W.2d 135 (Tenn. Crim. App. 1998). “” Tenn. Code Ann. § 39-16-601 (3); and (3) “Custody” is defined as “under arrest by a law enforcement officer or under restraint by a public servant pursuant to an order of a court.”
Silva v. Garland, 27 F.4th 95 (1st Cir. 2022). “Laws §§ 11-32-1 to -7 (1996); Tenn. Code Ann. §§ 39-16-601 to -609 (1996); Utah Code Ann.”
— Tenn. Code Ann. § 39-16-601(2) — 6 cases
State v. Campbell, 245 S.W.3d 331 (Tenn. 2008). ““It is unlawful for any person arrested for, charged with, or convicted of an offense to escape from a penal institution, as defined in § 39-16-601.” Tenn.Code Ann. § 39-16-605(a) (2006).”
State of Tennessee v. Anthony Wayne Lankford & Christopher Arthur McKeon, 51 S.W.3d 212 (Tenn. Crim. App. 2001). “Tennessee’s escape statute reads: (a) It is unlawful for any person arrested for, charged with, or convicted of an offense to escape from a penal institution, as defined in § 39-16-601. TenmCode Ann. § 39-16-605(a) (1997).”
State v. Michael Holmes, 995 S.W.2d 135 (Tenn. Crim. App. 1998). “” Tenn. Code Ann. § 39-16-601 (3); and (3) “Custody” is defined as “under arrest by a law enforcement officer or under restraint by a public servant pursuant to an order of a court.”
State of Tennessee v. Nora Hernandez (Tenn. Crim. App. 2013).
State of Tennessee v. David Gilliam (Tenn. Crim. App. 2010).
— Tenn. Code Ann. § 39-16-601(3) — 5 cases
State v. Campbell, 245 S.W.3d 331 (Tenn. 2008). ““It is unlawful for any person arrested for, charged with, or convicted of an offense to escape from a penal institution, as defined in § 39-16-601.” Tenn.Code Ann. § 39-16-605(a) (2006).”
State v. Ferrell, 277 S.W.3d 372 (Tenn. 2009). “” Tenn.Code Ann. § 39-16-601(3) (1997). Because this statute “does not plainly dispense with a mental element, intent, knowledge or recklessness suffices to establish the culpable mental state.”
State v. Anderson, 894 S.W.2d 320 (Tenn. Crim. App. 1994).
State of Tennessee v. Quinten M. Turnage (Tenn. Crim. App. 2003).
State of Tennessee v. Jason Lee Fisher (Tenn. Crim. App. 2014).
— Tenn. Code Ann. § 39-16-601(4) — 9 cases
State v. Walls, 62 S.W.3d 119 (Tenn. 2001). “” See Tenn.Code Ann. § 39-16-601 (1997). One related offense in the same statutory chapter and *123 part is “resisting” a stop, frisk, halt, arrest or search, which occurs when a person intentionally prevents] or obstruct[s] anyone known to the person to be a law enforcement…”
State v. Kendrick, 10 S.W.3d 650 (Tenn. Crim. App. 1999). “Tenn. Code Ann. § 39-16-605 . The underlying rationale for the decision was that a community corrections office did not qualify as a penal institution.”
State v. Kilpatrick, 52 S.W.3d 81 (Tenn. Crim. App. 2000). “1996), the county jail in which the defendant was detained falls, in our view, within the definition of penal institution contained in Tenn.Code Ann. § 39-16-601(4) and constitutes a “penal institution where prisoners are quartered or under custodial supervision” within the…”
United States v. Goodman, 519 F.3d 310 (6th Cir. 2008). “” Tenn.Code Ann. § 39-16-605(a). Separately, Tennessee law states that a “ ‘[p]enal institution’ includes any institution or facility used to house or detain a person.”
Bentley v. State, 938 S.W.2d 706 (Tenn. Crim. App. 1996). “For purposes of the escape statute, T.C.A. § 39-16-601 defines “penal institution” as “any institution used to house or detain a person: (A) [c]onvicted of a crime; or (B) [w]ho is in direct or indirect custody after a lawful arrest.”
— Tenn. Code Ann. § 39-16-601(4)(A) — 1 case
State of Tennessee v. Louis L. Steele (Tenn. Crim. App. 2026).
— Tenn. Code Ann. § 39-16-601(4)(C) — 1 case
State of Tennessee v. Anthony Wayne Lankford & Christopher Arthur McKeon, 51 S.W.3d 212 (Tenn. Crim. App. 2001). “Tennessee’s escape statute reads: (a) It is unlawful for any person arrested for, charged with, or convicted of an offense to escape from a penal institution, as defined in § 39-16-601. TenmCode Ann. § 39-16-605(a) (1997).”
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