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 delinquent act, binding over the offender, by the filing of an information as provided for in chapter 3 of this title, or by making an appearance in person or through counsel in general sessions or any municipal court for the purpose of continuing the matter or any other appearance in either court for any purpose involving the offense. A prosecution is also commenced, within the meaning of this chapter, by finding an indictment or presentment or the issuing of a warrant identifying the offender by a deoxyribonucleic acid (DNA) profile.
Amended by 2013 Tenn. Acts, ch. 205, s 1, eff. 7/1/2013.
Code 1858, §4987; Shan., § 6946; mod. Code 1932, § 11485; Acts 1975, ch. 258, § 4; 1977, ch. 179, §§ 1, 2; T.C.A. (orig. ed.), §40-206; Acts 2007 , ch. 4, § 1.
Notes of Decisions
Cited in
56
cases (
9 in the last 5 years), 1992–2026 · leading case:
State v. Ferrante, 269 S.W.3d 908 (Tenn. 2008).
State v. Ferrante, 269 S.W.3d 908 (Tenn. 2008).
· cites it 18× “Tenn.Code Ann. § 40-2-104 (2003) (emphasis added).”
State v. McCloud, 310 S.W.3d 851 (Tenn. Crim. App. 2009).
· cites it 16× “T.C.A. § 40-2-104. This section “provides for the commencement of a prosecution by several methods, ‘all deemed to provide the defendant with sufficient notice of the crime.”
State of Tennessee v. Steven Shell, 512 S.W.3d 267 (Tenn. Crim. App. 2016).
· cites it 9× “Code section 40-2-104 provides: 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 delinquent act, binding over the offender, by the filing of an…”
State v. Utley, 956 S.W.2d 489 (Tenn. 1997).
· cites it 4× “§ 40-2-104 (1990), which states in part that [a] prosecution is commenced, within the meaning of this chapter, by finding an indictment or presentment, the issuing of a warrant, binding over the offender, by the filing of an information as provided in chapter 3 of this title, or…”
State v. Wood, 924 S.W.2d 342 (Tenn. 1996).
· cites it 4× “Moreover, Tenn. Code Ann. § 40-2-104 (1990) expressly provides that a prosecution is commenced by finding an indictment or presentment.”
State v. Lawson, 291 S.W.3d 864 (Tenn. 2009).
· cites it 2× “Further, under these circumstances, the Defendant, as the appellant, had the duty to provide any portions of that record that might call into question the propriety of the judicially noticed facts.”
State of Tennessee v. Felicia Jones, 512 S.W.3d 258 (Tenn. Crim. App. 2016).
· cites it 4× “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 delinquent act, binding over the…”
State v. Nielsen, 44 S.W.3d 496 (Tenn. 2001).
· cites it 2× “Tenn.Code Ann. § 40-2-104 (1997) (emphasis added).”
State v. Henry, 834 S.W.2d 273 (Tenn. 1992).
· cites it 2× “See T.C.A. § 40-2-104 (1990). Therefore, unless Defendant “concealed] the fact of the crime,” id.”
State v. Kennedy, 10 S.W.3d 280 (Tenn. Crim. App. 1999).
· cites it 2× “See Tenn.Code Ann. § 40-2-104; Lewis, 1 Tenn.”
State v. Messamore, 937 S.W.2d 916 (Tenn. 1996).
· cites it 2× “” Tenn.Code Ann. § 40-2-104 (1990 Repl.). To avoid the bar of the statute of limitations, the State must “commence” a misdemeanor prosecution within twelve months of the commission of the offense by one of the methods enumerated in the statute quoted above.”
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.