Giving of Adulterated Candy or Food
Unfortunately, one of the biggest concerns of parents across the country as it pertains to Halloween is that their children may be exposed to candy that has been poisoned or otherwise tainted in such a manner as to endanger children that eat it. nearly everyone has heard horror stories of apples stuffed with razor blades or "homemade" candies containing toxic ingredients that individuals for some reason decide to hand out to children who have the misfortune of coming to their doorsteps.
Poisoning or otherwise adulterating food intended for human consumption is illegal in Tennessee and every other state. Tennessee's statute provides:
(a) It is an offense for any person with the intent to harm another knowingly to offer, give or entice another to take or accept any treat, candy, gift, or food that is poisonous or harmful to the health or welfare of the recipient or other person.
It may be some relief for those reading this statute to note that an element of this offense is the intent to harm another person. This means that someone who is an exceedingly bad cook and accidentally gives someone food poisoning cannot be prosecuted simply for being a failure in the kitchen.
The bad news regarding this offense is that it is a felony. This means that individuals who are convicted of intentionally giving or enticing someone to take food that is poisonous or harmful to their health will face more than a year of jail time. If you or someone you know has been charged with this or any offense, contact a skilled East Tennessee criminal defense attorney for assistance with your case.
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