Question about Statue of limitation - Tennessee law

[Causemos]

I currently live in the state of Tennessee. My two sons and daughter are planning to play a prank on one of their teachers.

The teacher will most likely call the police if they are caught in the act, even more so, once discovered. They are not worried about be caught (which I find funny), but the fact of wanting them to express the fact they committed the prank after the statue of limitations are up.

Code Section	40-2-101, et seq
Felonies	Any crime punishable by death or life imprisonment: none; Class A felony: 15 yrs.; Class B felony: 8 yrs.; defrauding state, evading or defeating any tax, fraudulent return: 6 yrs.; Class C or D felony: 4 yrs.; Class E felony: 2 yrs.; others: 3 yrs.; offense committed against a child: 4 yrs. after offense is committed, or when child reaches majority, whichever occurs later; arson: 8 yrs;
Misdemeanors	Gaming: 6 mos.; others: 12 mos.
Acts During Which Statute Does Not Run	Concealing fact of crime, absent state

Above is a break down of the rules for Tennessee.

My/their questions. (They assume the act will be classified as a misdemeanors. Tenn. Code Ann. § 40-2-101 (Felonies)

1. What crimes are my children at risk of being prosecuted for?

2. Tenn. Code Ann. § 40-2-102(a) (Misdemeanor Statue of limitations) states "Except as provided in § 62-18-120(g) and subsection (b) of this section, all prosecutions for misdemeanors shall be commenced within the twelve (12) months after the offense has been committed, except gaming, which shall be commenced within six (6) months." Commencement of prosecution is defined in Tenn. Code Ann. § 40-2-104. We don't understand it fully, so we are wondering if the police are called on unknown perpetrator(s) is that defined as 'commencement of prosecution?'

A. If that is defined as commencement of prosecution, is there any time limit to having an open case on a misdemeanor offense?

3. After the statue of limitations has expired could we be legally sued for anything done?

 

[LdiJ]

I currently live in the state of Tennessee. My two sons and daughter are planning to play a prank on one of their teachers.

The teacher will most likely call the police if they are caught in the act, even more so, once discovered. They are not worried about be caught (which I find funny), but the fact of wanting them to express the fact they committed the prank after the statue of limitations are up.

Code Section	40-2-101, et seq
Felonies	Any crime punishable by death or life imprisonment: none; Class A felony: 15 yrs.; Class B felony: 8 yrs.; defrauding state, evading or defeating any tax, fraudulent return: 6 yrs.; Class C or D felony: 4 yrs.; Class E felony: 2 yrs.; others: 3 yrs.; offense committed against a child: 4 yrs. after offense is committed, or when child reaches majority, whichever occurs later; arson: 8 yrs;
Misdemeanors	Gaming: 6 mos.; others: 12 mos.
Acts During Which Statute Does Not Run	Concealing fact of crime, absent state

Above is a break down of the rules for Tennessee.

My/their questions. (They assume the act will be classified as a misdemeanors. Tenn. Code Ann. § 40-2-101 (Felonies)

1. What crimes are my children at risk of being prosecuted for?

2. Tenn. Code Ann. § 40-2-102(a) (Misdemeanor Statue of limitations) states "Except as provided in § 62-18-120(g) and subsection (b) of this section, all prosecutions for misdemeanors shall be commenced within the twelve (12) months after the offense has been committed, except gaming, which shall be commenced within six (6) months." Commencement of prosecution is defined in Tenn. Code Ann. § 40-2-104. We don't understand it fully, so we are wondering if the police are called on unknown perpetrator(s) is that defined as 'commencement of prosecution?'

A. If that is defined as commencement of prosecution, is there any time limit to having an open case on a misdemeanor offense?

3. After the statue of limitations has expired could we be legally sued for anything done?

Without knowing what the prank is going to be, no one will be able to definiatively answer your question. You really don't want to give details about the prank on an internet forum, so you should really consult a local attorney.

 

[Just Blue]

I currently live in the state of Tennessee. My two sons and daughter are planning to play a prank on one of their teachers.

The teacher will most likely call the police if they are caught in the act, even more so, once discovered. They are not worried about be caught (which I find funny), but the fact of wanting them to express the fact they committed the prank after the statue of limitations are up.

Code Section	40-2-101, et seq
Felonies	Any crime punishable by death or life imprisonment: none; Class A felony: 15 yrs.; Class B felony: 8 yrs.; defrauding state, evading or defeating any tax, fraudulent return: 6 yrs.; Class C or D felony: 4 yrs.; Class E felony: 2 yrs.; others: 3 yrs.; offense committed against a child: 4 yrs. after offense is committed, or when child reaches majority, whichever occurs later; arson: 8 yrs;
Misdemeanors	Gaming: 6 mos.; others: 12 mos.
Acts During Which Statute Does Not Run	Concealing fact of crime, absent state

Above is a break down of the rules for Tennessee.

My/their questions. (They assume the act will be classified as a misdemeanors. Tenn. Code Ann. § 40-2-101 (Felonies)

1. What crimes are my children at risk of being prosecuted for?

2. Tenn. Code Ann. § 40-2-102(a) (Misdemeanor Statue of limitations) states "Except as provided in § 62-18-120(g) and subsection (b) of this section, all prosecutions for misdemeanors shall be commenced within the twelve (12) months after the offense has been committed, except gaming, which shall be commenced within six (6) months." Commencement of prosecution is defined in Tenn. Code Ann. § 40-2-104. We don't understand it fully, so we are wondering if the police are called on unknown perpetrator(s) is that defined as 'commencement of prosecution?'

A. If that is defined as commencement of prosecution, is there any time limit to having an open case on a misdemeanor offense?

3. After the statue of limitations has expired could we be legally sued for anything done?

What is the prank?

 

[quincy]

If the prank can get your children criminally charged, I suggest you encourage your children to rethink their plans. There is nothing "funny" about committing crimes.

 

[Just Blue]

If the prank can get your children criminally charged, I suggest you encourage your children to rethink their plans. There is nothing "funny" about committing crimes.

And as OP is aware of what they plan on doing and does nothing to stop them S/he can be charged criminally as well.

 

[Taxing Matters]

1. What crimes are my children at risk of being prosecuted for?

I can't answer that without knowing what prank they intend to do. But if the prank amounts to any crime it is a very bad idea, and if you as a parent encourage such behavior, that's really poor parenting, IMO. Note that if you encourage the prank you could be prosecuted, too, if the prank is a crime. If you are employed, that might result in you losing your job.

We don't understand it fully, so we are wondering if the police are called on unknown perpetrator(s) is that defined as 'commencement of prosecution?'

No. Prosecution commences when the prosecutor files the charges against the defendant in court or the grand jury returns an indictment against the defendant.

3. After the statue of limitations has expired could we be legally sued for anything done?

The statute of limitations for a civil lawsuit are different than they are for criminal prosecution. It is quite likely that the statute of limitations to sue for any harm caused by the prank would be at least two years. But again, without knowing the prank, I cannot tell you how long the teacher would have to sue or what exposure you'd have to significant damages.

 

[quincy]

And as OP is aware of what they plan on doing and does nothing to stop them S/he can be charged criminally as well.

It is certainly a possibility that the whole lot of them could be sharing a jail cell. The family that commits crimes together stays together.

 

[Just Blue]

It is certainly a possibility that the whole lot of them could be sharing a jail cell. The family that commits crimes together stays together.

Hey...Just like the Marino's!!

 

[Taxing Matters]

It is certainly a possibility that the whole lot of them could be sharing a jail cell. The family that commits crimes together stays together.

Probably not the same cell. But if they end up in the same facility they might be able to eat jail food together at meal times.

 

[quincy]

Hey...Just like the Marino's!!

Makes for a unique Christmas photo.

 

[eerelations]

While I understand that pranks on teachers are pretty normal, and generally harmless (for example, when my brother was in Grade 12 he used to move the math teacher's pointer from the top of the blackboard nearest the classroom door to the top of the blackboard farthest from the door - so the hapless teacher would come in the room, reach up for the pointer, and then tip-toe across the front of the room, searching for the pointer), any prank that descends into criminal activity (i.e., something the cops should be called about) is reprehensible. Responsible parents would not be endorsing their kids' reprehensible activities, up to and beyond the "statue" (sic) of limitations.

 

[Just Blue]

Probably not the same cell. But if they end up in the same facility they might be able to eat jail food together at meal times.

Prison grade bologna...yummy.

 

[stealth2]

Ya might be a redneck, if...

I currently live in the state of Tennessee. My two sons and daughter are planning to play a prank on one of their teachers.

 

[cbg]

PLEASE tell me this person is a troll. I don't want to believe that there are people living in this country who truly think the way this OP wants us to believe she thinks.

I know, I know. But assist me in my delusions.

 

[stealth2]

While I understand that pranks on teachers are pretty normal, and generally harmless (for example, when my brother was in Grade 12 he used to move the math teacher's pointer from the top of the blackboard nearest the classroom door to the top of the blackboard farthest from the door - so the hapless teacher would come in the room, reach up for the pointer, and then tip-toe across the front of the room, searching for the pointer)

LOL My ex used to teach a Saturday class for G&T HS kids. The kids used to hide the eraser every weekend, just to hear him ask for the rubber. (yes, he was a Brit.)