Skip to main content
Find a Lawyer

Tennessee Code Title 40. Criminal Procedure § 40-35-123

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

(a) This section shall be known and may be cited as the “Neighborhood Protection Act.”

(b) A homeowners' association, as defined in § 68-14-302, a neighborhood association, a neighborhood watch, or a similarly organized residential entity that is recognized by state or local law with defined boundaries referenced in the residential entity's charter or governing document, may seek an injunction or restraining order prohibiting an offender from entering the boundaries of the residential area, if:

(1) The offender has been convicted of three (3) or more separate offenses of:

(A) Burglary, as defined in § 39-13-1002;

(B) Rape, as defined in § 39-13-503;

(C) Criminal homicide, as defined in § 39-13-201;

(D) Delivering or selling a controlled substance, as defined in § 39-17-417;

(E) Criminal gang activity, as defined in § 40-35-121;

(F) Prostitution, as defined in § 39-13-512;

(G) Theft, if the value of the property or services obtained is more than five hundred dollars ($500), pursuant to title 39, chapter 14, part 1;

(H) Vandalism, as defined in § 39-14-408; or

(I) Aggravated criminal littering, as defined in § 39-14-505, if the conviction is for an amount of litter that exceeds one hundred pounds (100 lbs.) in weight or thirty (30) cubic feet in volume; and

(2) Three (3) or more of the offenses were committed within the boundaries of the residential area.

(c) Any injunction or restraining order shall remain in effect for one (1) year, unless modified or dissolved by the court that granted the injunction or restraining order, and may be renewed by the court upon motion of the homeowners' association, neighborhood association, neighborhood watch, or similarly organized residential entity.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Tennessee Code Title 40. Criminal Procedure § 40-35-123 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-35-123/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard