(a) Any person who does one (1) or more of the following acts on the premises or property of a lodging establishment, or any person who rents or leases a room in a lodging establishment for the purpose of allowing the room to be used by another person to do one (1) or more of the following acts, commits an offense:

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 30 daysup to $50
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 68-14-603

  • Alcoholic beverages: has the meaning given in §. See Tennessee Code 68-14-601
  • Controlled substance: has the meaning given in the Tennessee Drug Control Act of 1989, compiled in title 39, chapter 17, part 4. See Tennessee Code 68-14-601
  • Controlled substance analogue: has the meaning given in §. See Tennessee Code 68-14-601
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lodging establishment: means any structure or space, or any portion of a structure or space, that is occupied or intended or designed for occupancy by guests of the lodging establishment for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist camp, tourist court, tourist cabin, motel, bed and breakfast establishment or any place in which rooms, lodgings or accommodations are furnished to guests for a consideration. See Tennessee Code 68-14-601
  • minor: has the meaning given in §. See Tennessee Code 68-14-601
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(1) Use or possession of a controlled substance or controlled substance analogue in violation of title 39, chapter 17, part 4;
(2) Consumption or possession of alcoholic beverages in violation of § 1-3-113(b); or
(3) Intentionally damages a lodging establishment room or its furnishings.
(b) In a case under this section involving damage to a lodging establishment room or its furnishings, a court may order the person renting or leasing the lodging establishment room and/or the person causing such damage to:

(1) Pay restitution for any damages suffered by the owner or operator of the lodging establishment, which damages may include, but shall not necessarily be limited to, the lodging establishment’s loss of revenue resulting from the hotel’s inability to rent or lease the room during the period of time the lodging establishment room is being repaired; and
(2) Pay damages or restitution to any other person who is injured in person or property. In the case of a minor, the parents of the minor shall be liable for acts of the minor in violation of this section who causes damages to the lodging establishment room or furnishings or causes injury to persons or property.
(c) An offense under this section is a Class C misdemeanor punishable by a fine only, and in addition to, or in lieu of the fine, may be required to perform community service; provided, that in the case of a minor under eighteen (18) years of age, a violation of this section shall be a delinquent act under title 37, chapter 1.
(d) An offense set out in this section shall be considered separate from any other offense such conduct may constitute. Nothing in this part shall be construed as prohibiting the prosecution and conviction of a person for any other offense committed by the person in addition to the offenses under this part. Nothing in this part shall be construed to affect criminal penalties for use or possession of a controlled substance or controlled substance analogue in violation of title 39, chapter 17, part 4, the consumption or possession of alcoholic beverages in violation of § 1-3-113(b), or any other offense prescribed by law.
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