39-12-203 - Part definitions. - Tennessee Statutes

39-12-203. Part definitions.

As used in this part, unless the context otherwise requires:

     (1)  (A)  “Beneficial interest” means either of the following:

                (i)  The interest of a person as a beneficiary under any trust arrangement pursuant to which a trustee or any other person holds legal or record title to personal or real property for the benefit of the person; or

                (ii)  The interest of a person under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real or personal property for the benefit of the person;

          (B)  “Beneficial interest” does not include the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or a limited partnership;

     (2)  “Documentary material” means any book, paper, document, writing, drawing, graph, chart, photograph, phono record, magnetic tape, computer print-out, or other data compilation from which information can be obtained or from which information can be translated into usable form or other tangible item;

     (3)  “Enterprise” means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association, or group of individuals associated in fact, although not a legal entity, and it includes illicit as well as licit enterprises and governmental, as well as other, entities;

     (4)  “Innocent person” includes bona fide purchasers and victims;

     (5)  “Investigative agency” means the office of the attorney general and reporter;

     (6)  “Pattern of racketeering activity” means engaging in at least two (2) incidents of racketeering conduct that have the same or similar intents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics and are not isolated incidents; provided, that at least one (1) of such incidents occurred after July 1, 1986, and that the last of the incidents occurred within two (2) years after a prior incident of racketeering conduct;

     (7)  “Person” means any individual or entity holding or capable of holding a legal or beneficial interest in property;

     (8)  “Personal property” includes any personal property, or any interest in personal property, or any right, including bank accounts, debts, corporate stocks, patents or copyrights. Personal property and beneficial interest in personal property are deemed located where the trustee is, the personal property is, or the instrument evidencing the right is;

     (9)  “Racketeering activity” means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit an act for financial gain that is a criminal offense involving controlled substances, and the amount of controlled substances involved in the offense is included under the provisions of § 39-17-417(i) and (j) and its subparts or involving aggravated sexual exploitation of a minor or especially aggravated sexual exploitation of a minor under §§ 39-17-1004(b)(1)(A) and 39-17-1005(a)(1);

     (10)  “Real property” means any real property situated in this state or any interest in the real property, including, but not limited to, any lease of or mortgage upon such real property. Real property and beneficial interest in real property are deemed to be located where the real property is located;

     (11)  “RICO lien notice” means the notice described in § 39-12-207;

     (12)  (A)  “Trustee” means any of the following:

                (i)  Any person who holds legal or record title to real or personal property in which any other person has a beneficial interest; or

                (ii)  Any successor trustee to one (1) of the persons in subdivisions (12)(A)(i);

          (B)  “Trustee” does not include any person serving as a fiduciary appointed by a court to administer an estate or acting as a trustee of any testamentary trust or as a trustee of any indenture of trust under which any bonds have been or are to be issued; and

     (13)  “Unlawful debt” means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in this state in whole or in part, because the debt was incurred or contracted in violation of chapter 17, part 4 of this title, and the amount of controlled substances involved in the violation is included under the provisions of § 39-17-417(i) or (j) and its subdivisions or in violation of § 39-17-1004(b)(1)(A) or § 39-17-1005(a)(1), involving aggravated sexual exploitation of a minor and especially aggravated sexual exploitation of a minor.

[Acts 1989, ch. 591, § 1; 1992, ch. 937, §§ 1, 2.]