Understanding Tennessee’s Stalking and Harassment Laws

Tennessee's laws regarding stalking and harassment are designed to protect individuals from unwanted and intrusive behavior. Understanding these laws is crucial for both victims and those accused of such actions, as violations can lead to severe legal repercussions.

Under Tennessee Code § 39-17-315, stalking is defined as intentionally engaging in conduct that causes another person to fear for their safety or the safety of their immediate family. This behavior can include following, monitoring, or contacting the individual without their consent. The law categorizes stalking into two degrees: aggravated stalking, which involves credible threats that make a victim fear for their personal safety, and simple stalking, which may not involve such threats.

The penalties for stalking can vary depending on the degree of the offense. Simple stalking is classified as a Class A misdemeanor, which can result in a maximum of 11 months and 29 days in jail and/or a fine of up to $2,500. In contrast, aggravated stalking is considered a Class E felony, which can lead to a sentence of one to six years in prison and/or significant fines.

Harassment, on the other hand, is described under Tennessee Code § 39-17-308. This law addresses unwanted communication or behavior that causes emotional distress or alarm to another individual. Examples include constant phone calls, sending unwanted messages, or any conduct that would reasonably cause someone to feel terrorized or frightened.

Like stalking, harassment can also lead to legal consequences. In Tennessee, harassment is typically classified as a Class B misdemeanor, with penalties that may include up to six months in jail and/or fines up to $500. However, if harassment occurs after a protective order has been issued or if it involves threats of violence, the charges can escalate to more serious classifications and penalties.

Tennessee law also allows for victims of stalking or harassment to seek protective orders. A protective order can legally prohibit the accused individual from contacting or approaching the victim. Victims can file for a temporary order which can be issued quickly, giving them immediate relief while awaiting a hearing for a longer-term order.

It is important for individuals to understand their rights and options under Tennessee’s stalking and harassment laws. If someone feels threatened or harassed, they should document all incidents and consider reaching out to law enforcement or legal professionals for guidance. On the other hand, if someone finds themselves accused of stalking or harassment, it is crucial to seek legal representation to navigate the complexities of the law and protect their rights.

In summary, Tennessee’s laws on stalking and harassment reflect a commitment to safeguarding individuals from behaviors that infringe on their personal safety and peace of mind. Understanding these laws is essential for both victims seeking justice and individuals needing to defend against allegations.