Tennessee Code Title 39. Criminal Offenses § 39-13-813

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) As used in this section:

(1) “Mass violence” means an act that a reasonable person would conclude could lead to the imminent serious bodily injury or death of four (4) or more persons;

(2) “Means of communication” means direct and indirect verbal, written, or electronic communications, including graffiti, pictures, diagrams, telephone calls, voice over internet protocol calls, video messages, voicemail, electronic mail, social media posts, instant messages, chat group posts, text messages, and any other recognized means of conveying information; and

(3) “School” means any public or private day school, preschool, elementary school, middle school, high school, college of applied technology, postsecondary vocational or technical school, or two-year or four-year college or university.

(b) A person commits an offense who knowingly, by any means of communication, threatens to commit an act of mass violence and the threat causes another to reasonably expect the commission of an act of mass violence.

(c)(1) Except as provided in subdivision (c)(2), a violation of subsection (b) is a Class E felony.

(2) A violation of subsection (b) is a Class D felony if:

(A) The violation involves a threat to commit an act of mass violence:

(i) On the property of a school, house of worship, or federal, state, or local government; or

(ii) At a live performance or event;

(B) The defendant has one (1) or more prior convictions for a violation of this section or § 39-16-517; or

(i) Takes a substantial step toward the execution of the threatened act, including, but not limited to, acquiring, constructing, or assembling resources, equipment, or materials that could be used to carry out the threatened act; and

(ii) Engages in preparatory actions such as developing plans, creating schematics, conducting surveillance, or researching methods for execution of the threatened act.

(d) In addition to any other penalty authorized by law, a sentencing court may order a person convicted of violating subsection (b) to pay restitution, including costs and damages resulting from the disruption of the normal activity that would have otherwise occurred but for the threat to commit an act of mass violence.

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Cite this article: FindLaw.com - Tennessee Code Title 39. Criminal Offenses § 39-13-813 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-13-813/

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