Tennessee Criminal Lawyer Blog

Knoxville stalking lawyers help clients in the East Tennessee area. Many times, the accused and the victim are either related or have had some type of serious relationship. Although many stalking accusations are well-founded, other accusations are simply false.

The basic form of stalking is a Class A misdemeanor in Tennessee. According to Tennessee law, "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.

• "Course of conduct" means a pattern of conduct composed of a series of two or more separate noncontinuous acts evidencing a continuity of purpose.
• "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;

There are actually three degrees of stalking offenses in Tennessee: stalking, aggravated stalking, and especially aggravated stalking. A person commits aggravated stalking, a Class E felony, who commits the offense of stalking and:

• In the course and furtherance of stalking, displays a deadly weapon;
• The victim of the offense was less than eighteen years of age at any time during the person's course of conduct, and the person is five or more years older than the victim;
• Has previously been convicted of stalking within seven years of the instant offense;
• 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
• At 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.

The last bullet causes many problems in domestic violence cases. Many times, one spouse takes out an order of protection upon another spouse. The order usually prohibits contact between the couple. If the couple resumes contact before the order is dissolved, there is typically a violation. A person commits especially aggravated stalking who:

• 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
• 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. Tenn. Code Ann. § 39-17-315 (2007)

Aggravated Stalking is a Class C felony. If you have been charged with any of the stalking offenses under Tennessee law, contact a criminal defense attorney. Our offices handle stalking and other offenses in Knoxville, Sevierville, Gatlinburg, Loudon, Morristown, Johnson City, Newport, and Maryville.