Tennessee Code Annotated
Tenn. Code Ann. § 40-38-302 (2026)
Part definitions
✓ current as of May 2026
As used in this part, unless the context otherwise requires:
- (1) "Crime" means:
- (A) Any offense the punishment for which is a Class A, B, C, D or E felony;
- (B) First degree murder; or
- (C) Assault under § 39-13-101(a)(1);
- (2) "Critical stages of the criminal justice process" are:
- (A) Bond hearings or bond reduction hearings if hearing from the victim is deemed relevant by the appropriate district attorney general;
- (B) Any hearing on a motion to dismiss or on a plea agreement requiring approval by the trial court;
- (C) The defendant's sentencing hearing;
- (D) Any hearing at which the issue of whether the defendant should pay restitution or the amount of restitution that should be paid is discussed;
- (E) Any parole hearing at which the defendant's release on parole will be discussed or determined; and
- (F) Any other hearing that proposes a final disposition of the case;
- (3) "Family member" means the victim's spouse, natural parent, child, adopted child, grandparent, grandchild, stepparent, adoptive parent, or brother or sister of the whole or half-blood or by adoption. If a "family member" is a minor, the minor may be represented by a guardian where appropriate; and
- (4)
- (A) "Victim" means:
- (i) A natural person against whom a crime was committed;
- (ii) If the victim is a minor, then the parent or legal guardian of the minor; or
- (iii) If the victim is deceased or is physically or emotionally unable to exercise the victim's rights, then the following persons, or their designees, in the order of preference in which they are listed:
- (a) A family member; or
- (b) A person who resided with the victim;
- (B) "Victim" does not include any person charged with or alleged to have committed the crime or who is charged with some form of criminal responsibility for commission of the crime.
- (A) "Victim" means:
Acts 2000, ch. 577, § 1; 2008, ch. 1163, § 1.
Notes of Decisions
Cited in 11
cases (2 in the last 5 years), 2007–2025 · leading case: State of Tennessee v. Melissa Ann Layman, 214 S.W.3d 442 (Tenn. 2007).
State of Tennessee v. Melissa Ann Layman, 214 S.W.3d 442 (Tenn. 2007). “Tenn. Code Ann. § 40-38-302 (2) (2006). With regard to the right to confer, the prosecutor is required to confer with the victim before the final disposition of a criminal offense and before the commencement of a trial.”
State v. Jordan, 325 S.W.3d 1 (Tenn. 2010). “§ 40-38-302(4)(A)(iii)(b) (2003). Accordingly, we hold that it was not error for the trial court to permit Ms.”
William W. York v. Tennessee Bd. Of Parole, 502 S.W.3d 783 (Tenn. Ct. App. 2016). “§ 40-38-302(2)(E), (4)(A)(iii). Consequently, since 1998, victims or their families, if the victim is deceased, have the right to attend and be heard at parole hearings.”
State of Tennessee v. Eugenio Gomez Ruiz (Tenn. Crim. App. 2024). “Tenn. Code Ann. § 40-38-302 (2)(C) (2019).”
Michael Davis v. State of Tennessee (Tenn. Crim. App. 2018). “See T.C.A. § 40-38-302(3)-(4)(A)(iii)(a). As a victim, Ms.”
State of Tennessee v. Juan Manuel Mejia Nunez (Tenn. Crim. App. 2025). “” Under Tennessee Code Annotated section 40-38-302(4)(A)(i)-(ii), the term “victim” includes both “[a] natural person against whom a crime was committed” and “the parent or legal guardian” of a minor victim.”
State of Tennessee v. Melissa Ann Layman - Concurring & Dissenting (Tenn. 2007). “See Tenn. Code Ann. § 40-38-302 (c)(2) (2003).”
State of Tennessee v. David Lynn Jordan (Tenn. Crim. App. 2010). “See Tenn. Code Ann. § 40-38-302 (4)(A)(iii)(b).”
State of Tennessee Ex Rel. Victor S. Johnson, III v. Mark Gwyn (Tenn. Ct. App. 2015). “However, despite being victims as defined by Tennessee Code Annotated section 40-38-302(4)(A)(iii)(a), Petitioners have not shown that their constitutional or statutory rights in this capacity -8- entitle them to unique access to the redacted TBI file or that the trial court’s…”
James M. Morris v. Tennessee Bd. of Prob. & Parole (Tenn. Ct. App. 2019). “§ 40-38-302(2)(E), (4)(A)(iii). Consequently, since 1998, victims or their families, if the victim is deceased, have the right to attend and be heard at parole hearings.”
State of Tennessee v. Letalvis Cobbins In Re: Gary Christian (Tenn. Crim. App. 2015). “…whom a crime was committed” is deceased, then the term “victim” for relevant purposes means “[a] family member.” T.C.A. 40-38-302(4)(A). -19-”
— Tenn. Code Ann. § 40-38-302(2) — 1 case
State of Tennessee v. Melissa Ann Layman, 214 S.W.3d 442 (Tenn. 2007). “Tenn. Code Ann. § 40-38-302 (2) (2006). With regard to the right to confer, the prosecutor is required to confer with the victim before the final disposition of a criminal offense and before the commencement of a trial.”
— Tenn. Code Ann. § 40-38-302(2)(C) — 1 case
State of Tennessee v. Melissa Ann Layman, 214 S.W.3d 442 (Tenn. 2007). “Tenn. Code Ann. § 40-38-302 (2) (2006). With regard to the right to confer, the prosecutor is required to confer with the victim before the final disposition of a criminal offense and before the commencement of a trial.”
— Tenn. Code Ann. § 40-38-302(2)(E) — 2 cases
William W. York v. Tennessee Bd. Of Parole, 502 S.W.3d 783 (Tenn. Ct. App. 2016). “§ 40-38-302(2)(E), (4)(A)(iii). Consequently, since 1998, victims or their families, if the victim is deceased, have the right to attend and be heard at parole hearings.”
James M. Morris v. Tennessee Bd. of Prob. & Parole (Tenn. Ct. App. 2019). “§ 40-38-302(2)(E), (4)(A)(iii). Consequently, since 1998, victims or their families, if the victim is deceased, have the right to attend and be heard at parole hearings.”
— Tenn. Code Ann. § 40-38-302(3) — 1 case
Michael Davis v. State of Tennessee (Tenn. Crim. App. 2018). “See T.C.A. § 40-38-302(3)-(4)(A)(iii)(a). As a victim, Ms.”
— Tenn. Code Ann. § 40-38-302(4)(A) — 2 cases
State of Tennessee v. Melissa Ann Layman, 214 S.W.3d 442 (Tenn. 2007). “Tenn. Code Ann. § 40-38-302 (2) (2006). With regard to the right to confer, the prosecutor is required to confer with the victim before the final disposition of a criminal offense and before the commencement of a trial.”
State of Tennessee v. Letalvis Cobbins In Re: Gary Christian (Tenn. Crim. App. 2015). “…whom a crime was committed” is deceased, then the term “victim” for relevant purposes means “[a] family member.” T.C.A. 40-38-302(4)(A). -19-”
— Tenn. Code Ann. § 40-38-302(4)(A)(i) — 1 case
State of Tennessee v. Juan Manuel Mejia Nunez (Tenn. Crim. App. 2025). “” Under Tennessee Code Annotated section 40-38-302(4)(A)(i)-(ii), the term “victim” includes both “[a] natural person against whom a crime was committed” and “the parent or legal guardian” of a minor victim.”
— Tenn. Code Ann. § 40-38-302(4)(A)(iii)(a) — 1 case
State of Tennessee Ex Rel. Victor S. Johnson, III v. Mark Gwyn (Tenn. Ct. App. 2015). “However, despite being victims as defined by Tennessee Code Annotated section 40-38-302(4)(A)(iii)(a), Petitioners have not shown that their constitutional or statutory rights in this capacity -8- entitle them to unique access to the redacted TBI file or that the trial court’s…”
— Tenn. Code Ann. § 40-38-302(4)(A)(iii)(b) — 1 case
State v. Jordan, 325 S.W.3d 1 (Tenn. 2010). “§ 40-38-302(4)(A)(iii)(b) (2003). Accordingly, we hold that it was not error for the trial court to permit Ms.”
— Tenn. Code Ann. § 40-38-302(c)(2) — 1 case
State of Tennessee v. Melissa Ann Layman, 214 S.W.3d 442 (Tenn. 2007). “Tenn. Code Ann. § 40-38-302 (2) (2006). With regard to the right to confer, the prosecutor is required to confer with the victim before the final disposition of a criminal offense and before the commencement of a trial.”
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.