Tennessee Code Annotated
Tenn. Code Ann. § 40-2-102 (2026)
Misdemeanors
✓ current as of May 2026
- (a) Except as provided in § 62-18-120(g) and subsection (b) of this section, all prosecutions for misdemeanors shall be commenced within the twelve (12) months after the offense has been committed, except gaming, which shall be commenced within six (6) months.
- (b) Prosecutions under § 39-16-301 for criminal impersonation accomplished through the use of a fraudulently obtained driver license shall be commenced within one (1) year of the date the driver license expires or within three (3) years of the date the nonexpired driver license was last used to falsely impersonate the person in whose name the driver license was issued, whichever is longer.
Code 1858, § 4983 (deriv. Acts 1831, ch. 82); Shan., § 6942; mod. Code 1932, §11484; T.C.A. (orig. ed.), § 40-204; Acts 1985, ch. 146, §1; 1999, ch. 374, § 1.
Notes of Decisions
Cited in 39
cases (4 in the last 5 years), 1984–2026 · leading case: State of Tennessee v. Steven Shell, 512 S.W.3d 267 (Tenn. Crim. App. 2016).
State of Tennessee v. Steven Shell, 512 S.W.3d 267 (Tenn. Crim. App. 2016). “Because no warrant issued prior to the case’s being bound over to the grand jury, the defendant argues, the misdemeanor prosecution in this case was not commenced before the running of the one-year statute of limitations provided in Code section 40-2-102. As indicated, the facts…”
Richardson v. Tennessee Bd. of Dentistry, 913 S.W.2d 446 (Tenn. 1995). “Tenn.Code Ann. § 40-2-102 (1990 Repl.). If reasonable grounds existed to believe that compelling Richardson’s testimony would lead to a criminal prosecution, Richardson could assert the privilege against self-incrimination in the administrative proceeding.”
State v. McCloud, 310 S.W.3d 851 (Tenn. Crim. App. 2009). “Commencement of Prosecution In his first assignment of error, the defendant contends that the trial court erred by denying his motion to dismiss because, he asserts, the prosecution was not commenced within the 12-month time frame provided by Tennessee Code Annotated section…”
Brown v. Tennessee Title Loans, Inc., 328 S.W.3d 850 (Tenn. 2010). “Tenn.Code Ann. § 40-2-102(a) (2006). Therefore, the TTPA's statute of limitations does not alter the time frame for bringing a criminal action for a knowing violation of the TTPA, which is a class A misdemeanor.”
State v. Nielsen, 44 S.W.3d 496 (Tenn. 2001). “We held that the prosecution had been timely commenced by one of the statutory methods set forth in Tenn.Code Ann. § 40-2-102 and that there was, therefore, no requirement that these “commencing” facts be specifically alleged in an indictment returned after the statute of…”
State v. Lawson, 291 S.W.3d 864 (Tenn. 2009). “” See Tenn.Code Ann. § 40-2-102(a) (2008) (“Except as [otherwise] provided .”
State v. Messamore, 937 S.W.2d 916 (Tenn. 1996). “Tenn.Code Ann. § 40-2-102 (1990 Repl.) 1 The case was tried to a jury in April of 1994, and Messamore was convicted of the offense charged.”
State of Tennessee v. Felicia Jones, 512 S.W.3d 258 (Tenn. Crim. App. 2016). “” Tenn.Code Ann. § 40-2-102(a). Tennessee Code Annotated section 40-2-104 provides as follows: A prosecution is commenced, within the meaning of this chapter, by finding an indictment or presentment, the issuing of a warrant, the issuing of a juvenile petition alleging a…”
State v. Ferrante, 269 S.W.3d 908 (Tenn. 2008). “§ 40-2-102(a) (2003); see State v. Messamore, 937 S.”
State v. Hix, 696 S.W.2d 22 (Tenn. Crim. App. 1984). “Indictment number 1875 was returned against Timmy Hix on February 16, 1982, charging him with committing child abuse on January 30,1982. The appellants urge that the prosecutions for the misdemeanor charges of child abuse were not commenced within one year after the offenses…”
State v. Tait, 114 S.W.3d 518 (Tenn. 2003). “§ 40-2-102 (Supp.2002). Therefore, the limitations period for commencing the prosecution for count one or count two in this case ended one year from July 11, 1999, the date of the appellant’s offense and arrest.”
Villegas v. Metro. Gov't, 907 F. Supp. 2d 907 (M.D. Tenn. 2012). “…§ 40-2-101(b)(3). . See Tenn.Code Ann. § 39-13-303 and § 40-2 — 101(b)(3). . See Tenn.Code Ann. § 39-13-302(b) and § 40-2-102(a).”
— Tenn. Code Ann. § 40-2-102(a) — 15 cases
Brown v. Tennessee Title Loans, Inc., 328 S.W.3d 850 (Tenn. 2010). “Tenn.Code Ann. § 40-2-102(a) (2006). Therefore, the TTPA's statute of limitations does not alter the time frame for bringing a criminal action for a knowing violation of the TTPA, which is a class A misdemeanor.”
State v. Lawson, 291 S.W.3d 864 (Tenn. 2009). “” See Tenn.Code Ann. § 40-2-102(a) (2008) (“Except as [otherwise] provided .”
State of Tennessee v. Steven Shell, 512 S.W.3d 267 (Tenn. Crim. App. 2016). “Because no warrant issued prior to the case’s being bound over to the grand jury, the defendant argues, the misdemeanor prosecution in this case was not commenced before the running of the one-year statute of limitations provided in Code section 40-2-102. As indicated, the facts…”
State v. McCloud, 310 S.W.3d 851 (Tenn. Crim. App. 2009). “Commencement of Prosecution In his first assignment of error, the defendant contends that the trial court erred by denying his motion to dismiss because, he asserts, the prosecution was not commenced within the 12-month time frame provided by Tennessee Code Annotated section…”
State of Tennessee v. Felicia Jones, 512 S.W.3d 258 (Tenn. Crim. App. 2016). “” Tenn.Code Ann. § 40-2-102(a). Tennessee Code Annotated section 40-2-104 provides as follows: A prosecution is commenced, within the meaning of this chapter, by finding an indictment or presentment, the issuing of a warrant, the issuing of a juvenile petition alleging a…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.