(a)

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111

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Terms Used In Tennessee Code 39-15-509

  • Abuse: means the infliction of physical harm. See Tennessee Code 39-15-501
  • Adult protective services: means the division of adult protective services of the department of human services. See Tennessee Code 39-15-501
  • Financial exploitation: means :
    (A) The use of deception, intimidation, undue influence, force, or threat of force to obtain or exert unauthorized control over an elderly or vulnerable adult's property with the intent to deprive the elderly or vulnerable adult of property. See Tennessee Code 39-15-501
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Neglect: means :
    (i) The failure of a caregiver to provide the care, supervision, or services necessary to maintain the physical health of an elderly or vulnerable adult, including, but not limited to, the provision of food, water, clothing, medicine, shelter, medical services, a medical treatment plan prescribed by a healthcare professional, basic hygiene, or supervision that a reasonable person would consider essential for the weIl-being of an elderly or vulnerable adult. See Tennessee Code 39-15-501
  • Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106
  • Savings and loan association: includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the [former] federal savings and loan insurance corporation (FSLIC) or any successor [repealed] of such corporation. See Tennessee Code 1-3-105
  • Services: includes labor, skill, professional service, transportation, telephone, mail, gas, electricity, steam, water, cable television, entertainment subscription service or other public services, accommodations in hotels, restaurants or elsewhere, admissions to exhibitions, use of vehicles or other movable property, and any other activity or product considered in the ordinary course of business to be a service, regardless of whether it is listed in this subdivision (a)(38) or a specific statute exists covering the same or similar conduct. See Tennessee Code 39-11-106
  • Sexual exploitation: includes , but is not limited to, sexual contact, as defined in §. See Tennessee Code 39-15-501
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Vulnerable adult: means a person eighteen (18) years of age or older who, because of intellectual disability or physical dysfunction, is unable to fully manage the person's own resources, carry out all or a portion of the activities of daily living, or fully protect against neglect, exploitation, or hazardous or abusive situations without assistance from others. See Tennessee Code 39-15-501
(1) Any person having reasonable suspicion that an elderly or vulnerable adult is suffering or has suffered abuse, sexual exploitation, neglect, or financial exploitation shall report such neglect or financial exploitation to adult protective services pursuant to title 71, chapter 6.
(2) Any person having reasonable suspicion that an elderly or vulnerable adult is the victim of aggravated rape pursuant to § 39-13-502, rape pursuant to § 39-13-503, aggravated sexual battery pursuant to § 39-13-504, or sexual battery pursuant to § 39-13-505, shall report the conduct to adult protective services pursuant to title 71, chapter 6, and to the local law enforcement agency in the jurisdiction where the offense occurred.
(b) Any person who fails to make reasonable efforts to make a report required by subsection (a) or by title 71, chapter 6, commits a Class A misdemeanor.
(c) Upon good cause shown, adult protective services shall cooperate with law enforcement to identify those persons who knowingly fail to report abuse, sexual exploitation, neglect, or financial exploitation of an elderly or vulnerable adult.
(d)

(1) This section does not apply to a financial service provider or to an employee of a financial service provider acting within the scope of the employee’s employment except as provided by title 45, chapter 2, part 12.
(2) As used in subdivision (d)(1), “financial service provider” means any of the following engaged in or transacting business in this state:

(A) A state or national bank or trust company;
(B) A state or federal savings and loan association;
(C) A state or federal credit union;
(D) An industrial loan and thrift company, regulated by title 45, chapter 5;
(E) A money transmitter, regulated by title 45, chapter 7;
(F) A check casher, regulated by title 45, chapter 18;
(G) A mortgage loan lender, mortgage loan broker, mortgage loan originator, or mortgage loan servicer, regulated by title 45, chapter 13;
(H) A title pledge lender, regulated by title 45, chapter 15;
(I) A deferred presentment services provider, regulated by title 45, chapter 17;
(J) A flex loan provider, regulated by title 45, chapter 12; or
(K) A home equity conversion mortgage lender, regulated by title 47, chapter 30.
(e) Upon commencement of criminal prosecution of abuse, sexual exploitation, neglect, or financial exploitation of an elderly or vulnerable adult, adult protective services shall provide to the district attorney general a complete and unredacted copy of adult protective services’ entire investigative file excluding the identity of the referral source except as provided by subsection (f).
(f) Upon return of a criminal indictment or presentment alleging abuse, sexual exploitation, neglect, or financial exploitation of an elderly or vulnerable adult, adult protective services shall provide to the district attorney general the identity of the person who made the report in accordance with § 71-6-118.