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Tennessee · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Tenn. Code Ann. § 39-16-609: Failure to appear

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Where this section sits in the code
  1. TN Code
  2. Title 39
  3. Chapter 16

(a) It is unlawful for any person to knowingly fail to appear as directed by a lawful authority if the person: (1) Has been lawfully issued a criminal summons pursuant to § 40-6-215 ; (2) Has been lawfully commanded to appear for booking and processing pursuant to a criminal summons issued in accordance with § 40-6-215 ; (3) Has been lawfully issued a citation in lieu of arrest under § 40-7-118 ; (4) Has been lawfully released from custody, with or without bail, on condition of subsequent appearance at an official proceeding or penal institution at a specified time or place; or (5) Knowingly goes into hiding to avoid prosecution or court appearance. (b) It is a defense to prosecution under this section that: (1) The appearance is required by a probation and parole officer as an incident of probation or parole supervision; or (2) The person had a reasonable excuse for failure to appear at the specified time and place. (c) Nothing in this section shall apply to witnesses. (d) Failure to appear is a Class A misdemeanor. (e) Any sentence received for a violation of this section must be ordered to be served consecutively to any sentence received for the offense for which the defendant failed to appear. (f) [Deleted by 2019 amendment.] Amended by 2019 Tenn. Acts, ch. 486,s 4, eff. 7/1/2019. Acts 1989, ch. 591, § 1; 1990, ch. 709, § 1; 1990, ch. 980, § 16; 1997, ch. 317, § 1; 1998, ch. 1049, § 15; 2004, ch. 727, § 1.

(a) It is unlawful for any person to knowingly fail to appear as directed by a lawful authority if the person: (1) Has been lawfully issued a criminal summons pursuant to § 40-6-215 ; (2) Has been lawfully commanded to appear for booking and processing pursuant to a criminal summons issued in accordance with § 40-6-215 ; (3) Has been lawfully issued a citation in lieu of arrest under § 40-7-118 ; (4) Has been lawfully released from custody, with or without bail, on condition of subsequent appearance at an official proceeding or penal institution at a specified time or place; or (5) Knowingly goes into hiding to avoid prosecution or court appearance.

(1) Has been lawfully issued a criminal summons pursuant to § 40-6-215 ;

(2) Has been lawfully commanded to appear for booking and processing pursuant to a criminal summons issued in accordance with § 40-6-215 ;

(3) Has been lawfully issued a citation in lieu of arrest under § 40-7-118 ;

(4) Has been lawfully released from custody, with or without bail, on condition of subsequent appearance at an official proceeding or penal institution at a specified time or place; or

(5) Knowingly goes into hiding to avoid prosecution or court appearance.

(b) It is a defense to prosecution under this section that: (1) The appearance is required by a probation and parole officer as an incident of probation or parole supervision; or (2) The person had a reasonable excuse for failure to appear at the specified time and place.

(1) The appearance is required by a probation and parole officer as an incident of probation or parole supervision; or

(2) The person had a reasonable excuse for failure to appear at the specified time and place.

(c) Nothing in this section shall apply to witnesses.

(d) Failure to appear is a Class A misdemeanor.

(e) Any sentence received for a violation of this section must be ordered to be served consecutively to any sentence received for the offense for which the defendant failed to appear.

(f) [Deleted by 2019 amendment.]

Collected 2026-09-14T18:32:26Z. Source file · JSON

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