(a) It is the intent of this section to address the illegal translocation and release of wild-appearing swine. These animals have been shown to be destructive to native habitats, agricultural lands and private property and are carriers for a myriad of diseases that affect humans, livestock and wildlife.

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 70-4-133

  • Agency: means the wildlife resources agency. See Tennessee Code 70-1-101
  • Agriculture: means :
    (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
  • Arrest: Taking physical custody of a person by lawful authority.
  • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
  • Person: means an individual, association, partnership, or corporation. See Tennessee Code 70-1-101
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • 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
  • Transport: means to carry or convey from one place to another, and includes an offer to transport, or receipt or possession for transportation. See Tennessee Code 70-1-101
  • Wildlife: means wild vertebrates, mollusks, crustaceans, and fish. See Tennessee Code 70-1-101
(b) It is not the intent of this section to impede the legal transportation of swine that are regulated by the department of agriculture.
(c) As used in this section, “wild-appearing swine” means swine that are, at maturity, two feet to three feet (2′ – 3′) tall and three and one half feet to five feet (3 1/2′ – 5′) long and, at maturity, have the following physical features in comparison to domestic swine:

(1) Massive heads with smaller, pointed and heavily-furred ears;
(2) Heavier shoulders that slope down to small hips, giving the animal an outline similar to an American bison;
(3) Long and thin snouts;
(4) Upper tusks or whitters that curl up and out and rub against the lower tusks, making a knifelike edge against the lower tusks; and
(5) Straight tails that are tufted at the tip.
(d) It is an offense for any person to knowingly transport or release into the wild, or cause to be transported into or within the state, live wild-appearing swine that do not have documentation approved by the department of agriculture.
(e) Notwithstanding § 70-6-101, any stop, search or arrest pursuant to this section by an officer of the agency shall be predicated upon reasonable suspicion that a violation of this section has occurred.
(f) A violation of subsection (d) is a Class A misdemeanor. Each undocumented wild-appearing swine illegally transported or released in violation of subsection (d) is a separate offense.
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