Tennessee Code Annotated

Tenn. Code Ann. § 40-35-122 (2026)

[Repealed]

✓ current as of May 2026
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Repealed by 2024 Tenn. Acts, ch. 1038,s 11, eff. 7/1/2024.

Amended by 2021 Tenn. Acts, ch. 545, s 6, eff. 7/1/2021.

Amended by 2018 Tenn. Acts, ch. 549, s 1, eff. 3/9/2018.

Acts 2010 , ch. 1090, § 2.


Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 2015–2022 · leading case: State of Tennessee v. Andrew Young Kim (Tenn. Crim. App. 2018).
State of Tennessee v. Andrew Young Kim (Tenn. Crim. App. 2018). · cites it 28× “(quoting Tenn. Code Ann. § 40-35-122 (a) & (b)). This statute was enacted in 2010 with the goal of allowing non-violent property offenders “to work in order to pay restitution to the victims of their crimes without using scarce prison beds thereby permitting longer sentences for…”
State of Tennessee v. Nicholas Cole (Tenn. Crim. App. 2016). · cites it 24× “] Tenn. Code Ann. § 40-35-122 (2014). Tennessee Code Annotated section 40-35-104(c) provides: (c) The following sentencing alternatives in any appropriate combination are authorized for defendants otherwise eligible under this chapter: (1) Payment of a fine either alone or in…”
State of Tennessee v. Sandra Kay Stutts (Tenn. Crim. App. 2018). · cites it 19× “Tenn. Code Ann. § 40-35-122 (2014) (emphasis added).”
State of Tennessee v. Preston Rashad Royal (Tenn. Crim. App. 2016). · cites it 10× “Defendant argues that his sentence is illegal because it directly contravenes Tennessee Code Annotated section 40-35-122(a). The State concedes error.”
State of Tennessee v. Devon Elliott Cruze (Tenn. Crim. App. 2015). · cites it 16× “The Defendant further contends that the trial court erred by ordering his sentences for non-violent property offenses be served in split confinement in violation of Tennessee Code Annotated section 40-35-122. Following our review, we conclude that the trial court did not…”
State of Tennessee v. Douglas Beauregard (Tenn. Crim. App. 2018). · cites it 8× “Code section 40-35-122 provides: Notwithstanding any law to the contrary, except as provided in subsection (b), the judge sentencing a defendant who commits a non-violent property offense, as defined in subsection (c), on or after July 1, 2010, shall not be authorized to impose…”
State of Tennessee v. Malique Nicolas Gray (2022). · cites it 4× “] Tenn. Code Ann. § 40-35-122 (a), (b)(1)-(2), (c)(11), (c)(18).”
State of Tennessee v. Jimmy Lee Pearce, Jr. (Tenn. Crim. App. 2019). · cites it 3× “Tenn. Code Ann. § 40-35-122 (a). None of the Defendant’s convictions constitute non-violent property offenses.”
State of Tennessee v. Tony Levon Johnson, Jr. (2020). · cites it 2× “Tenn. Code Ann. §40-35-122 (a)-(b)(1). The Defendant’s convictions are included in the list of eligible non-violent property offenses.”
— Tenn. Code Ann. § 40-35-122(a) — 3 cases
State of Tennessee v. Preston Rashad Royal (Tenn. Crim. App. 2016). “Defendant argues that his sentence is illegal because it directly contravenes Tennessee Code Annotated section 40-35-122(a). The State concedes error.”
State of Tennessee v. Douglas Beauregard (Tenn. Crim. App. 2018). “Code section 40-35-122 provides: Notwithstanding any law to the contrary, except as provided in subsection (b), the judge sentencing a defendant who commits a non-violent property offense, as defined in subsection (c), on or after July 1, 2010, shall not be authorized to impose…”
State of Tennessee v. Nicholas Cole (Tenn. Crim. App. 2016). “] Tenn. Code Ann. § 40-35-122 (2014). Tennessee Code Annotated section 40-35-104(c) provides: (c) The following sentencing alternatives in any appropriate combination are authorized for defendants otherwise eligible under this chapter: (1) Payment of a fine either alone or in…”
— Tenn. Code Ann. § 40-35-122(c) — 5 cases
State of Tennessee v. Nicholas Cole (Tenn. Crim. App. 2016). “] Tenn. Code Ann. § 40-35-122 (2014). Tennessee Code Annotated section 40-35-104(c) provides: (c) The following sentencing alternatives in any appropriate combination are authorized for defendants otherwise eligible under this chapter: (1) Payment of a fine either alone or in…”
State of Tennessee v. Sandra Kay Stutts (Tenn. Crim. App. 2018). “Tenn. Code Ann. § 40-35-122 (2014) (emphasis added).”
State of Tennessee v. Andrew Young Kim (Tenn. Crim. App. 2018). “(quoting Tenn. Code Ann. § 40-35-122 (a) & (b)). This statute was enacted in 2010 with the goal of allowing non-violent property offenders “to work in order to pay restitution to the victims of their crimes without using scarce prison beds thereby permitting longer sentences for…”
State of Tennessee v. Devon Elliott Cruze (Tenn. Crim. App. 2015). “The Defendant further contends that the trial court erred by ordering his sentences for non-violent property offenses be served in split confinement in violation of Tennessee Code Annotated section 40-35-122. Following our review, we conclude that the trial court did not…”
State of Tennessee v. Jimmy Lee Pearce, Jr. (Tenn. Crim. App. 2019). “Tenn. Code Ann. § 40-35-122 (a). None of the Defendant’s convictions constitute non-violent property offenses.”
— Tenn. Code Ann. § 40-35-122(c)(11) — 2 cases
State of Tennessee v. Sandra Kay Stutts (Tenn. Crim. App. 2018). “Tenn. Code Ann. § 40-35-122 (2014) (emphasis added).”
State of Tennessee v. Andrew Young Kim (Tenn. Crim. App. 2018). “(quoting Tenn. Code Ann. § 40-35-122 (a) & (b)). This statute was enacted in 2010 with the goal of allowing non-violent property offenders “to work in order to pay restitution to the victims of their crimes without using scarce prison beds thereby permitting longer sentences for…”
— Tenn. Code Ann. § 40-35-122(c)(18) — 1 case
State of Tennessee v. Sandra Kay Stutts (Tenn. Crim. App. 2018). “Tenn. Code Ann. § 40-35-122 (2014) (emphasis added).”
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