What Constitutes Harassment and Stalking in Tennessee? 

 Posted on June 29, 2023 in Criminal Defense

Harassment and stalking are serious offenses in Tennessee and can easily lead to serious criminal charges. Today, we are going to take a look at what exactly constitutes harassment and stalking in the state while also working to understand what prosecutors must prove to convict someone of these crimes. If you have been charged with harassment and stalking, contact a criminal defense attorney to begin the crucial process of developing a defense to fight these charges.

Important Factors Regarding Harassment and Stalking in Tennessee

In Tennessee, harassment occurs when communication is made with the intent of frightening or intimidating another person. Generally, it involves behavior such as stalking, sending unwanted communications, making threatening phone calls, or engaging in any activity designed to make another person feel unsafe, embarrassed, or angry. An important thing to note is that the law does not require proof of physical harm to the sufferer. Instead, it is enough to show that the behavior was unwelcome and made the targeted party feel threatened and uncomfortable. 

Meanwhile, stalking in Tennessee refers to following or monitoring another person intending to cause emotional distress, fear or to threaten the person’s safety or welfare. Stalking can include following someone, watching their home or workplace, repeated phone calls or texting, or leaving messages, among other activities. It is not always required to show the targeted party was afraid or felt threatened; instead, reasonable evidence causing annoyance or unwanted attention may suffice. 

What Defense Strategies Are Available?  

For example, it may be possible to argue that the behavior was not persistent or pervasive enough to constitute harassment or stalking. Also, it may be possible to challenge the prosecution’s testimony and discredit witnesses. In some cases, the defense may argue that the sufferer consented to the behavior or that their communication or interactions were misperceived or misinterpreted. If convicted of either crime, the prospective penalties can be quite severe, including imprisonment and steep fines. 

Contact a Knox County Criminal Defense Attorney

Harassment and stalking charges in Tennessee need to be taken seriously, requiring a robust defense that understands the law as well as the particulars of the case. Your attorney will gather evidence and develop an effective defense strategy tailored to your case while also exploiting any reasonable doubt that can aid your case. For the highest quality legal counsel, contact the experienced Knoxville, TN criminal defense lawyer with Jeffrey Coller, Knoxville Criminal Defense Attorney. Call 865-281-1000 for a free consultation. 

Source:

https://casetext.com/statute/tennessee-code/title-39-criminal-offenses/chapter-17-offenses-against-public-health-safety-and-welfare/part-3-disorderly-conduct-and-riots/section-39-17-308-harassment