Tennessee Code Annotated

Tenn. Code Ann. § 40-38-203 (2026)

Part definitions

✓ current as of May 2026

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As used in this part, unless the context otherwise requires:

(1) "Victim" means an individual who suffers direct or threatened physical, emotional or financial harm as the result of the commission of a crime or an immediate family member of a minor victim or a homicide victim;

(2) "Victim impact statement" means a statement providing information about the financial, emotional and physical effects of the crime on the victim and the victim's family and specific information about the victim, the circumstances surrounding the crime and the manner in which it was perpetrated; and

(3) "Victim representative" means a spouse, parent, child, sibling or other relative of a deceased or incapacitated victim or of a victim who is under eighteen (18) years of age or a person who has had a close personal relationship with the victim and who is designated by the court to be a victim representative.

Acts 1993, ch. 438, § 3.

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 1998–2024 · leading case: State v. Moss, 13 S.W.3d 374 (Tenn. Crim. App. 1999).

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State v. Moss, 13 S.W.3d 374 (Tenn. Crim. App. 1999). · cites it 5× “See Tenn.Code Ann. § 40-38-203(1). *387 Despite of the statutory requirement that the pre-sentence report be submitted ten days prior to the hearing, the victim impact statements in this case were not provided to the defendant until the day of sentencing.”

State v. Webb, 130 S.W.3d 799 (Tenn. Crim. App. 2003). · cites it 2× “Tennessee Code Annotated section 40-38-203(1) defines “victim”: As used in this part, unless the context otherwise requires: (1) “Victim” means an individual who suffers direct or threatened physical, emotional, or financial harm as the result of the commission of a crime, or an…”

State v. Ring, 56 S.W.3d 577 (Tenn. Crim. App. 2001). “§ 40-38-203(2). Additionally, Tennessee Code Annotated section 40-38-205 states that the “department of correction shall prepare a written victim impact statement as part of the presen-tence report on the defendant.”

State of Tennessee v. Scotty D. Hatfield (Tenn. Crim. App. 2008). · cites it 6× “Tennessee Code Annotated section 40-38-203 defines a victim impact statement as a statement providing information about the financial, emotional, and physical effects of the crime on the victim and the victim’s family, and specific information about the victim, the circumstances…”

State of Tennessee v. Curtis Reed Hosendove (Tenn. Crim. App. 2020). · cites it 2× “See T.C.A. §§ 40-38-203(1) (2018), 40-38-203(2) (2018), 40-38-103(a)(2) (2018), 40-35- 209(b) (2018); see also State v.”

State of Tennessee v. Eugenio Gomez Ruiz (Tenn. Crim. App. 2024). · cites it 2× “” Tenn. Code Ann. § 40-38-203 (1). Five years later in 1998, the people of Tennessee amended our constitution to protect certain rights of victims of crime.”

State v. Jeffrey Hankins (Tenn. Crim. App. 2010). · cites it 2× “The Victim Impact Statement Act, Tenn. Code Ann. § 40-38-203 , defines: (1) “Victim” means an individual who suffers direct or threatened physical, emotional, or financial harm as the result of the commission of a crime, or an immediate family member of a minor victim or a…”

State of Tennessee v. Micah Alexander Cates (Tenn. Crim. App. 2015). · cites it 2× “See T.C.A. § 40-38-203(3) (defining “victim” to include “immediate family member[s]” of a homicide victim).”

State of Tennessee v. David Troy Firestone (2017). “While the judgments reflect that the trial court ordered the Defendant to pay $5,000 in restitution to Storage Town of America, there is no proof in the record regarding any pecuniary loss sustained by Storage Town of America as a result of the Defendant’s burglary.”

State v. Robert D. Ring (Tenn. Crim. App. 2000). · cites it 2× “” Tenn. Code Ann. § 40-38-203 (2). Additionally, Tennessee Code Annotated section 40-38-205 states that the “department of correction shall prepare a written victim impact statement as part of the presentence report on the defendant.”

State v. Bobby Garner (Tenn. Crim. App. 2000). · cites it 2× “" Tenn. Code Ann. § 40-38-203 (2). In this case, the statements were made by the defendant’s ex-wife and his ex-mother- in-law.”

State of Tennessee v. James Christopher Tatrow (Tenn. Crim. App. 1998). · cites it 2× “” Tenn. Code Ann. § 40-38-203 (2) (1997) (emphasis added).”

— Tenn. Code Ann. § 40-38-203(1) — 3 cases

State v. Webb, 130 S.W.3d 799 (Tenn. Crim. App. 2003). “Tennessee Code Annotated section 40-38-203(1) defines “victim”: As used in this part, unless the context otherwise requires: (1) “Victim” means an individual who suffers direct or threatened physical, emotional, or financial harm as the result of the commission of a crime, or an…”

State v. Moss, 13 S.W.3d 374 (Tenn. Crim. App. 1999). “See Tenn.Code Ann. § 40-38-203(1). *387 Despite of the statutory requirement that the pre-sentence report be submitted ten days prior to the hearing, the victim impact statements in this case were not provided to the defendant until the day of sentencing.”

State of Tennessee v. Curtis Reed Hosendove (Tenn. Crim. App. 2020). “See T.C.A. §§ 40-38-203(1) (2018), 40-38-203(2) (2018), 40-38-103(a)(2) (2018), 40-35- 209(b) (2018); see also State v.”

— Tenn. Code Ann. § 40-38-203(2) — 3 cases

State of Tennessee v. Scotty D. Hatfield (Tenn. Crim. App. 2008). “Tennessee Code Annotated section 40-38-203 defines a victim impact statement as a statement providing information about the financial, emotional, and physical effects of the crime on the victim and the victim’s family, and specific information about the victim, the circumstances…”

— Tenn. Code Ann. § 40-38-203(3) — 1 case

State of Tennessee v. Micah Alexander Cates (Tenn. Crim. App. 2015). “See T.C.A. § 40-38-203(3) (defining “victim” to include “immediate family member[s]” of a homicide victim).”

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