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HB 751

Criminal Offenses - As enacted, creates the offense of knowingly engaging in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment by exposing the child to fentanyl, carfentanil, remifentanil, alfentanil, thiafentanil, or a fentanyl derivative or analogue; punishes the offense as a Class E felony if the child is over 8 and as a Class B felony if the child is 8 or less. - Amends TCA Title 37; Title 39 and Title 40.

114th Regular Session (2025-2026) Introduced by Jeremy Faison

Tennessee criminalizes knowingly exposing children to fentanyl and analogues as Class E felony (age 8+) or Class B felony (age 8-), effective July 1, 2025.

Pub. Ch. 499
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Bill Summary · HB 751

Legislative bill overview

HB 751 creates a new criminal offense in Tennessee for knowingly exposing children to fentanyl and related synthetic opioids in ways that place them in imminent danger. The law establishes two severity levels: Class E felony for children over 8 years old and Class B felony (more serious) for children 8 and under, reflecting greater vulnerability in younger children.

Why is this important

This legislation addresses the growing public health crisis of accidental child fentanyl exposure, which has become a leading cause of child poisoning deaths as illicit fentanyl supplies become more potent and widespread. The law provides prosecutors with a specific charge targeting negligent or reckless conduct that endangers children through drug exposure, rather than relying on general endangerment statutes.

Potential points of contention

  • Definition clarity: The phrase "knowingly engaging in conduct" may create prosecution challenges distinguishing between intentional exposure, gross negligence, and recklessness—affecting which defendants actually face charges
  • Parental rights tension: Applying Class B felonies (serious felonies) to conduct involving a child's own parent raises questions about family court involvement, child custody, and whether criminal prosecution serves families better than treatment-focused alternatives
  • Prosecutorial discretion: Two-tiered felony structure creates significant sentencing disparities based on a child's age, potentially leading to inconsistent charging decisions across jurisdictions

Compiled from official sources — confirm details with the bill’s official record.

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