Tennessee Criminal Lawyer Blog

Tennessee criminal defense lawyers know that solicitation of a minor, especially when the solicitation is online, is heavily investigated and targeted both by federal and state law enforcement agencies. Men typically instigate the inappropriate contact with another, although females are certainly subject to prosecution.

Under Tennessee law, the contacted person may be either real or a decoy. The word solicitation is synonymous with the word ask, so the offense is committed whether or not the solicited act is followed through or not. In other words, it is no defense that the solicitation was unsuccessful or that the conduct solicited was not engaged in. Liability lies when the question is asked with the appropriate level of intent.

According to Tennessee law, it is an offense for a person eighteen years of age or older, by means of oral, written or electronic communication, electronic mail or Internet services, directly or through another, to intentionally command, request, hire, persuade, invite or attempt to induce a person whom the person making the solicitation knows, or should know, is less than eighteen years of age, or solicits a law enforcement officer posing as a minor, and whom the person making the solicitation reasonably believes to be less than eighteen years of age, to engage in conduct that, if completed, would constitute:

(1) Rape of a child;

(2) Aggravated rape;

(3) Rape;

(4) Aggravated sexual battery;

(5) Sexual battery by an authority figure;

(6) Sexual battery;

(7) Statutory rape;

(8) Especially aggravated sexual exploitation of a minor; or

(9) Sexual activity involving a minor. Tenn. Code Ann. § 39-13-528 (2007).

The punishment for solicitation of a minor depends upon the classification of the crime solicited. Solicitation of a minor constitutes an offense one classification lower than the most serious crime solicited. If you have been accused of solicitation of a minor in Tennessee, contact a sex offense attorney. Your first meeting to discuss your options is free. Our sex offense lawyers handle sex offense cases across East Tennessee including Knoxville, Johnson City, Loudon, Alcoa, Maryville, Chattanooga, Sevierville, Morristown, and Newport.

Criminal attorneys in Tennessee understand that a conviction for any theft-related offense will have serious consequences beyond jail and restitution. Criminal simulation in Tennessee closely resembles the offense of theft. Any conviction of theft or criminal simulation will adversely affect your family, and damage your reputation within the community. Since these crimes are considered to be crimes of dishonesty, a conviction will negatively affect your career, ability to get a job, and capacity to obtain or maintain a professional license. According to Tennessee law, a person commits the offense of criminal simulation who with intent to defraud or harm another:

• Makes or alters an object, in whole or in part, so that it appears to have value because of age, antiquity, rarity, source, or authorship that it does not have;
• Possesses an object so made or altered, with intent to sell, pass, or otherwise utter it; or
• Authenticates or certifies an object so made or altered as genuine or as different from what it is; or

A person also commits the offense of criminal simulation who with intent to sell, cause to be sold, or to be used for profit through public performance, and without consent of the owner of the master recording:

• Knowingly transfers, by any means, any sounds or images recorded on a phonograph record, disc, wire, tape, film or other recording article to another such recording article;
• Knowingly manufactures, distributes, or wholesales any sounds or images recorded on a phonograph record, disc, wire, tape, film or other recording article to another such recording article; or
• Knowingly retails any sounds or images recorded on a phonograph record, disc, wire, tape, film or other recording article to another such recording article. Tenn. Code Ann. § 39-14-115 (2007).

A person possessing, with knowledge of its character:

• Any machinery, plates, or other contrivances designed to produce instruments reporting to be credit or debit cards of an issuer who had not consented to the preparation of such cards; or
• Any instrument, apparatus, or contrivance designed, adapted or used for commission of any theft of property or services by fraudulent means; commits criminal simulation. Tenn. Code Ann. § 39-14-115 (2007).

Criminal simulation is punishable as theft, but shall always be at a minimum a class E felony. If you are charged with theft or criminal simulation in Tennessee, contact a criminal defense attorney. Our lawyers handle these charges in Johnson City, Knoxville, Newport, Sevierville, Maryville, Morristown, and Bristol.

Tennessee criminal defense attorneys can help you if you are charged with criminal impersonation. Our offices in Sevierville and Knoxville have represented clients with these types of charges throughout East Tennessee including Knoxville, Sevierville, Morristown, Johnson City, and Maryville.

Under Tennessee law, a person commits criminal impersonation who, with intent to injure or defraud another person:

• Assumes a false identity;
• Pretends to be a representative of some person or organization;
• Pretends to be an officer or employee of the government; or
• Pretends to have a handicap or disability.

The important words in the criminal impersonation statute are injure and defraud. If you dress like a police officer in the spirit of Halloween, the behavior does not constitute criminal impersonation. If you dress up like a police officer in order to injure or defraud another, the behavior does constitute criminal impersonation.

Criminal impersonation under the above is a Class B misdemeanor. A Class B misdemeanor in Tennessee carries a maximum of six months imprisonment, or a maximum fine of five hundred dollars, or both. If the criminal impersonation was committed to falsely obtain a driver license or photo identification license, the maximum fine of five hundred dollars must be imposed by the court. Tenn. Code Ann. § 40-35-111.

The state may prosecute for this offense via a second definition under the criminal impersonation statute. A person commits criminal impersonation who pretends to be a law enforcement officer for the purpose of:

• Engaging in an activity that is ordinarily and customarily an activity established by law as a law enforcement activity; and
• Causing another to believe that the person is a law enforcement officer. Tenn. Code Ann. § 40-35-111.

This form of criminal impersonation is more serious in terms of criminal culpability. Criminal impersonation here is a Class A misdemeanor. A Class A misdemeanor is punishable by a maximum of eleven months, twenty-nine days imprisonment or a fine not to exceed two thousand five hundred dollars, or both. If you have been charged with criminal impersonation in Tennessee, contact a criminal defense lawyer. A criminal defense lawyer will explain your rights and discuss the procedural avenues applicable to your case.

Tennessee Traffic citation lawyers help with all types of driver license problems. It is important for drivers to realize that they should be insured when driving. If not, you could be cited for violating Tennessee’s financial responsibility law under certain circumstances. The purpose of the law is to promote safety and to protect innocent members of the public from the negligence of motorists on the roads and highways.

Drivers in Tennessee involved in certain accidents regardless of fault, or cited with a moving violation within the terms of the statute, are required to show financial responsibility. According to Tennessee law, financial responsibility means:

• Documentation, such as the declaration page of an insurance policy, an insurance binder, or an insurance card from an insurance company authorized to do business in Tennessee, stating that a policy of insurance meeting the requirements of the Tennessee Financial Responsibility Law of 1977 has been issued; or
• A certificate, valid for one year, issued by the commissioner of safety, stating that a cash deposit or bond in the amount required by the Tennessee Financial Responsibility Law of 1977 has been paid or filed with the commissioner, or has qualified as a self-insurer under Tenn. Code Ann. § 55-12-111; or
• The motor vehicle being operated at the time of the violation was owned by a carrier subject to the jurisdiction of the department of safety or the interstate commerce commission, or was owned by the United States, this state or any political subdivision thereof, and that such motor vehicle was being operated with the owner's consent. Tenn. Code Ann. § 55-12-139.

A violation of the financial responsibility law in Tennessee is a Class C misdemeanor and could result in the suspension of your license. If you are cited with financial responsibility, contact a Tennessee Traffic citation lawyer. Tennessee traffic citation attorneys handle speeding tickets and other moving violations in the Knoxville, Sevierville, Dandridge, Newport, Maryville and Pigeon Forge areas.

Tennessee Traffic Attorneys know that on June 26, 2008, the Tennessee Highway Patrol kicked off the campaign known as “100 Days of Summer H.E.A.T.” H.E.A.T. actually stands for “Highway Enforcement of Aggressive Traffic.” If you believe that you are seeing more Trooper activity on Tennessee’s roadways this summer, you are correct. The Governor’s Highway Safety Office received a grant that allows nearly 500 overtime hours to be spent monitoring alcohol-related offenses, speeding, and seat belt violations – three major causes of vehicle-related fatalities.

It is important for motorists to be aware of this aggressive campaign. Troopers across the state will be handing out an increased number of traffic citations – which can lighten your wallet and put points on your driving record. If you receive a speeding ticket or other traffic citation this summer, contact a Tennessee Traffic Lawyer. Our traffic lawyers can explain your options and the implications of simply paying the fine. If you are charged with an alcohol-related offense or serious traffic violation, you could be facing jail time and loss of your driving license among other penalties. Tennessee Traffic Attorney’s handle:

DUI;
Implied Consent Violations;
Speeding Tickets;
Move Over Violations;
Commercial Driving Infractions;
Reckless Driving;
Failure to Stop;
Failure to Yield;
Evading Arrest; and
Driving While Revoked; Suspended; or Cancelled;

If you are from nearby states like North Carolina, our Traffic Attorneys may be able to go to court on your behalf. This saves you the expense of traveling back to Tennessee and possibly taking a day off work. Contact a Tennessee Traffic Lawyer for a free consultation. Our firm has offices in Knoxville and Sevierville. We have successfully defended clients in Cocke County, Knox County, Sevier County, Hamblen County, Jefferson County, Blount County, Greene County, and Washington County.