Tennessee
This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case.
Tenn. Code Ann. § 39-17-315. Stalking, aggravated stalking, and especially aggravated
stalking.
(2005)
(a)
As used
in this section, unless the context otherwise requires:
(1)
"Course
of conduct" means a pattern of conduct composed of a series of two (2) or more
separate noncontinuous acts evidencing a continuity of
purpose;
(2)
"Emotional distress" means
significant mental suffering or distress that may, but does not necessarily,
require medical or other professional treatment or
counseling;
(3)
"Harassment" means conduct
directed toward a victim that includes, but is not limited to, repeated or
continuing unconsented contact that would cause a reasonable person to suffer
emotional distress, and that actually causes the victim to suffer emotional
distress. Harassment does not include constitutionally protected activity or
conduct that serves a legitimate purpose;
(4)
"Stalking"
means a willful course of conduct involving repeated or continuing harassment of
another individual that would cause a reasonable person to feel terrorized,
frightened, intimidated, threatened, harassed, or molested, and that actually
causes the victim to feel terrorized, frightened, intimidated, threatened,
harassed, or molested;
(5)
"Unconsented contact" means any
contact with another person that is initiated or continued without that person's
consent, or in disregard of that person's expressed desire that the contact be
avoided or discontinued. Unconsented contact includes, but is not limited to,
any of the following:
(A)
Following or appearing within the
sight of that person;
(B)
Approaching or confronting that
person in a public place or on private property;
(C)
Appearing at that person's
workplace or residence;
(D)
Entering onto or remaining on
property owned, leased, or occupied by that person;
(E)
Contacting that person by
telephone;
(F)
Sending
mail or electronic communications to that person; or
(G)
Placing
an object on, or delivering an object to, property owned, leased, or occupied by
that person; and
(6)
"Victim" means an individual who
is the target of a willful course of conduct involving repeated or continuing
harassment.
(b)
(1) A person commits an offense
who intentionally engages in stalking.
(2) Stalking
is a Class A misdemeanor.
(c)
(1) A person commits aggravated
stalking
who commits the offense of stalking
as prohibited by subsection (b), and:
(A) In the course and furtherance of stalking,
displays a deadly
weapon;
(B) The victim of the offense was less than
eighteen (18) years of age at any time during the person's course of conduct,
and the person is five (5) or more years older than the
victim;
(C) Has previously been convicted of stalking
within seven (7) years of the instant offense;
(D) Makes a credible
threat to the victim, the victim's child, sibling, spouse, parent or dependents
with the intent to place any such person in reasonable fear of death or bodily
injury; or
(E) A t the time of the offense, was prohibited
from making contact with the victim under a restraining order or injunction for
protection, an order of protection, or any other court-imposed prohibition of
conduct toward the victim or the victim's property, and the person knowingly
violates the injunction, order or court-imposed
prohibition.
(2) Aggravated stalking
is a Class E felony.
(d)
(1) A person commits especially
aggravated stalking
who:
(A) Commits the offense of stalking
or aggravated stalking,
and has
previously been convicted of stalking
or aggravated stalking
involving the same victim of the instant offense; or
(B) Commits the offense of aggravated stalking,
and intentionally or
recklessly causes serious bodily
injury to the victim of the offense or to the victim's child, sibling, spouse,
parent or dependent.
(2) Especially
aggravated stalking
is a Class C felony.
(e)
Notwithstanding any other
provision of law, if the court grants probation to a person convicted of stalking,
aggravated stalking
or especially aggravated stalking,
the court may keep the person on probation for a period not to exceed the
maximum punishment for the appropriate classification of offense. Regardless of
whether a term of probation is ordered, the court may, in addition to any other
punishment otherwise authorized by law, order the defendant to do the
following:
(1)
Refrain
from stalking
any individual during the term of probation;
(2)
Refrain
from having any contact with the victim of the offense or the victim's child,
sibling, spouse, parent or dependent;
(3)
Be
evaluated to determine the need for psychiatric, psychological, or social
counseling, and, if determined appropriate by the court, to receive psychiatric,
psychological or social counseling at the defendant's own
expense;
(4)
If, as
the result of such treatment or otherwise, the defendant is required to take
medication, order that the defendant submit to drug testing or some other method
by which the court can monitor whether the defendant is taking the required
medication; and
(5)
Submit
to the use of an electronic tracking device, with the cost of the device and
monitoring the defendant's whereabouts, to be paid by the
defendant.
(f)
In a
prosecution for a violation of this section, evidence that the defendant
continued to engage in a course of conduct involving repeated unconsented
contact with the victim after having been requested by the victim to discontinue
the conduct or a different form of unconsented contact, and to refrain from any
further unconsented contact with the victim, is prima facie evidence that the
continuation of the course of conduct caused the victim to feel terrorized,
frightened, intimidated, threatened, harassed, or
molested.
(g)
(1) If a person is convicted of
aggravated or especially aggravated
stalking, or another felony offense arising
out of a charge based on this section, the court may order an independent
professional mental health assessment of the defendant's need for mental health
treatment. The court may waive the assessment, if an adequate assessment was
conducted prior to the conviction.
(2) If the
assessment indicates that the defendant is in need of and
amenable to mental health
treatment, the court may include in the sentence a requirement that the offender
undergo treatment, and that the drug intake of the defendant be monitored in the
manner best suited to the particular situation. Monitoring may include periodic
determinations as to whether the defendant is ingesting any illegal controlled
substances, as well as determinations as to whether the defendant is complying
with any required or recommended course of treatment that includes the taking of
medications.
(3) The court shall
order the offender to pay the costs of assessment
under this subsection (g), unless
the offender is indigent under §
40-14-202.
(h)
Any
person who reasonably believes they are a victim of an offense under this
section, regardless of whether the alleged perpetrator has been arrested,
charged or convicted of a stalking-related
offense, shall be entitled to seek and obtain an order of protection in the same
manner, and under the same circumstances, as is provided for victims of domestic
abuse by the provisions of title 36, chapter 3, part 6.
(i)
When a
person is charged and arrested for the offense of stalking,
aggravated stalking
or especially aggravated stalking,
the arresting law enforcement officer shall inform the victim that the person
arrested may be eligible to post bail for the offense and to be released until
the date of trial for the offense.
(j)
If a
law enforcement officer or district attorney general believes that the life of a
possible victim of stalking
is in immediate danger, unless and until sufficient evidence can be processed
linking a particular person to the offense, the district attorney general may
petition the judge of a court of record having criminal jurisdiction in that
district to enter an order expediting the processing of any evidence in a
particular stalking
case. If, after hearing the petition, the court is of the opinion that the life
of the victim may be in immediate danger if the alleged perpetrator is not
apprehended, the court may enter such an order, directed to the Tennessee
bureau of investigation, or any other agency or laboratory that may be in the
process of analyzing evidence for that particular
investigation.
(k) (1) For purposes of determining
if a course of conduct amounting to stalking
is a single offense or multiple offenses, the occurrence of any of the following
events breaks the continuous course of conduct, with respect to the same victim,
that constitutes the offense:
A) The defendant is arrested and charged with
stalking,
aggravated
stalking or especially aggravated stalking;
(B) The defendant is
found by a court of competent jurisdiction to have
violated an order of protection
issued to prohibit the defendant from engaging in the conduct of stalking;
or
(C) The defendant is
convicted of the offense of stalking,
aggravated
stalking or especially aggravated stalking.
(2) If a continuing course of
conduct amounting to stalking
engaged in by
a defendant against the same
victim is broken by any of the events set out in subdivision (k)(1), any such
conduct that occurs after that event commences a new and separate
offense.
Tenn. Code Ann. § 39-17-308. Harassment.
(2008)
(a)
A
person commits an offense who intentionally:
(1)
Threatens, by telephone, in
writing, or by electronic communication, "including electronic mail or internet
services,", to take action known to be unlawful against any person, and by this
action knowingly annoys or alarms the recipient;
(2)
Places
one (1) or more telephone calls anonymously, or at an hour or hours known to be
inconvenient to the victim, or in an offensively repetitious manner, or without
a legitimate purpose of communication, and by this action knowingly annoys or
alarms the recipient; or
(3)
Communicates by telephone to
another that a relative or other person has been injured, killed or is ill when
the communication is known to be false.
(b)
(1) A person convicted of a
criminal offense commits an offense if, while incarcerated, on pre-trial
diversion, probation, community correction or parole, the person intentionally
communicates in person with the victim of the person's crime if the
communication is:
(A) Anonymous or threatening or
made in an offensively repetitious
manner or at hours
known to be inconvenient to the victim;
(B) Made for no legitimate
purpose; and
(C) Made knowing that it will
alarm or annoy the victim.
(2) If the victim of
the person's offense died as the result of the offense,
the provisions of this subsection
(b) shall apply to the deceased victim's next-of-kin.
(c)
A
violation of subsection (a) is a Class A misdemeanor. A violation of subsection
(b) is a Class E felony.