Tennessee Criminal Lawyer Blog

The Tennessee legislature creates new law and amends existing law each year. The effective date of any changes made may be immediately or could be set for a day in the future. The Ex Post Facto clause of the United States Constitution forbids that these new laws punish criminally an event that occurred before the enactment of the law. The purpose of the Ex Post Facto clause is to provide fair notice of what conduct constitutes a crime. Tennessee criminal defense attorneys must be informed of these constant changes in the law.

Criminal law in Tennessee changes for a number of reasons. The law could change because the legislature may want to seal up a loophole used by defense attorneys across the state. It changes sometimes because the public demands that certain behavior be deemed illegal. Our state representatives are elected officials and are supposed to be the voice of the public. It changes other times simply to keep up with modern technological advancements. Crimes associated with computers, telecommunications, and certain synthetically created drugs could not be fathomed when our county was founded. Nevertheless, Tennessee law changed in 2006 with respect to cell phones and our jails and prisons.

According to Tennessee law, it us unlawful for any person to knowingly possess any telecommunication device while present in any penal institution where prisoners are quartered or under custodial supervision without the express written consent of the chief administrator of the institution. A violation here is a Class C felony. It is further illegal to knowingly and with unlawful intent take, send or otherwise cause to be taken into any penal institution where prisoners are quartered or under custodial supervision any telecommunication device. A violation here is a Class E felony.

Telecommunication device means any type of instrument, device, machine, or equipment that is capable of transmitting telephonic, electronic, digital, cellular or radio communications, or any part of such instrument, device, machine or equipment that is capable of facilitating the transmission of telephonic, electronic, digital, cellular or radio communications. Telecommunication device includes cellular phones, digital phones, and modem equipment devices. Tenn. Code Ann. § 39-16-201 (2007).

Cell phones are considered to be contraband in penal institutions in Tennessee. The rationale behind this is that the legislature believes that inmates may use the phones to reach out and touch things they shouldn't. Inmates might create and maintain networks of illegal activities or orchestrate the smuggling of other contraband inside prison walls. There is also the fear that inmates might use the phones to harass witnesses and juries or collaborate against prison personnel. If you are charged with contraband in penal institutions, contact a Tennessee criminal defense attorney.