Tennessee Code Annotated
Tenn. Code Ann. § 40-2-103 (2026)
Period of concealment of crime or absence from state
✓ current as of May 2026
No period during which the party charged conceals the fact of the crime, or during which the party charged was not usually and publicly resident within the state, is included in the period of limitation.
Code 1858, §4988; Shan., § 6947; mod. Code 1932, § 11488; T.C.A. (orig. ed.), § 40-205.
Notes of Decisions
Cited in 17
cases (1 in the last 5 years), 1986–2021 · leading case: State of Tennessee v. Perry Avram March, 395 S.W.3d 738 (Tenn. Crim. App. 2011).
State of Tennessee v. Perry Avram March, 395 S.W.3d 738 (Tenn. Crim. App. 2011). “T.C.A. § 40-2-103 (emphasis added). The statute, therefore, is directed toward any party, whether resident or nonresident, who commits a crime in this State and then leaves the State and applies equally to all persons falling within this classification.”
State v. Davidson, 816 S.W.2d 316 (Tenn. 1991). “The State’s argument that the allegation of threats and coercion amounted to concealment which tolled the running of the statute of limitations under the so-called concealment exception embodied in T.”
Overton v. State, 874 S.W.2d 6 (Tenn. 1994). “Although the primary issue in the case was whether the defendant had concealed the facts of the crime so as to toll the statute of limitations, see Tenn.Code Ann. § 40-2-103, the Court of Criminal Appeals did address the applicability of the 1985 amendment to the case.”
State v. Henry, 834 S.W.2d 273 (Tenn. 1992). “§ 40-205 (1975) (currently codified at T.C.A. § 40-2-103 (1990)). Because, at the time of the offenses, aggravated rape was punishable by life imprisonment 4 , see T.”
State v. McKinney, 929 S.W.2d 404 (Tenn. Crim. App. 1996). “However, the State argues that we should apply the principles inherent in the tolling statute, T.C.A. § 40-2-103. That section provides, “No period, during which the party charged conceals the fact of the crime, or during which the party charged was not usually and publicly…”
State v. Conway, 77 S.W.3d 213 (Tenn. Crim. App. 2001). “; see Tenn.Code Ann. § 40-2-103. In the case at bar, the state does not argue, nor does the record reflect, that defendant absented himself from the jurisdiction of the court.”
Avelino Cruz Martinez v. United States, 828 F.3d 451 (6th Cir. 2016). “” Tenn. Code Ann. § 40-2-103 . Thus, the statute-of-limitations analysis does not always involve simply “pointing to a calendar and counting off the days,” Maj.”
State of Tennessee v. Allen Doane, 393 S.W.3d 721 (Tenn. Crim. App. 2011). “See Tenn.Code Ann. § 40-2-103. Instead of tolling the statute of limitations, section 40-2-101(g) provides that “[pjrosecutions for any offense committed against a child .”
State v. Franklin, 714 S.W.2d 252 (Tenn. 1986). “§ 40-2-101(c) [now codified as § 40-2-101(d) ] was tolled by the facts that Defendant was not usually and publicly resident in Tennessee during the four year period of the statute, as he only intermittently visited this State following the 1977 bombing — and then often using one…”
Morgan v. State, 847 S.W.2d 538 (Tenn. Crim. App. 1992). “” Tenn.Code Ann. § 40-2-103. 3 If the petitioner “concealed] the fact of the crime,” prosecution for counts 2, 5 and 6 was not time-barred.”
State v. Tidwell, 775 S.W.2d 379 (Tenn. Crim. App. 1989). “See State v. Hix, supra; State v. Thorpe, supra. In the case sub judice the presentment, as amended, alleged sufficient facts which, if proven, would toll the statute of limitations.”
State v. White, 939 S.W.2d 113 (Tenn. Crim. App. 1996). “A § 40 — 2—101(b)(3). Obviously, then, prosecution was commenced after the expiration of the applicable statutes of limitation.”
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