Tennessee Code Annotated
Tenn. Code Ann. § 40-13-208 (2026)
Place of offense
✓ current as of May 2026
It is not necessary for the indictment to allege where the offense was committed, but the proof shall show a state of facts bringing the offense within the jurisdiction of the county in which the indictment was preferred.
Code 1858, § 5125; Shan., § 7088; Code 1932, § 11633; T.C.A. (orig. ed.), § 40-1809.
Notes of Decisions
Cited in 7
cases (2 in the last 5 years), 1990–2024 · leading case: State of Tennessee v. Lemaricus Devall Davidson, 509 S.W.3d 156 (Tenn. 2016).
State of Tennessee v. Lemaricus Devall Davidson, 509 S.W.3d 156 (Tenn. 2016). “was preferred,” T.C.A. § 40-13-208. We have observed that “[i]n the context of indictments, the place of the offense is typically considered a matter of form rather than of substance.”
State v. Furlough, 797 S.W.2d 631 (Tenn. Crim. App. 1990). “§ 39-2102 ...” While the general rule is that an indictment is not required to allege where the offense was committed, an exception is made when place constitutes a material element of the crime.”
State of Tennessee v. Lemaricus Devall Davidson (Tenn. Crim. App. 2015). “With regard to his claim that the presentment should have stated a precise location of the offense, Code section 40-13-208 provides: “It is not necessary for the indictment to allege where the offense was committed, but the proof shall show a state of facts bringing the offense…”
Carter v. Slatery (M.D. Tenn. 2023). “See Tenn. Code Ann. § 40-13-208 (“It is not necessary for the indictment to allege where the offense was committed, but the proof shall show a state of facts bringing the offense within the jurisdiction of the county in which the indictment was preferred.”
Carter v. Slatery (M.D. Tenn. 2024). “See Tenn. Code Ann. § 40-13-208 (“It is not necessary for the indictment to allege where the offense was committed, but the proof shall show a state of facts bringing the offense within the jurisdiction of the county in which the indictment was preferred.”
State of Tennessee v. Brian Jermaine Dodson (Tenn. Crim. App. 2012). “” Tenn. Code Ann. § 40-13-208 . In this case, count one of the indictment correctly alleges that the crime occurred in Maury County; whereas, counts two and three incorrectly allege that the crimes occurred in -12- Lawrence County.”
State of Tennessee v. Gerald L. Powers (Tenn. Crim. App. 2001). “Tenn. Code Ann. § 40-13-208 . The Defendant makes no allegation that he was in any way surprised, much less prejudiced, by the proof at trial that he murdered the victim in Mississippi.”
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