What is Stalking Under Domestic Violence Laws?

Tennessee law defines stalking as repeatedly harassing another person to the extent that the individual feels terrorized, frightened, intimidated, threatened, or molested. A stalking charge requires that the alleged aggressor intentionally engage in the act. However, it is possible to face stalking allegations when you are merely checking on a person about whom you are concerned, with the government digging up any evidence that insinuates you meant to scare the individual.

At Andrew C. Beasley, PLLC, our legal team is dedicated to representing individuals who have ended up on the wrong side of the law. To keep you informed of what behaviors are unacceptable under the law, our Nashville domestic violence attorneys discuss everything you need to know regarding stalking charges in the Volunteer State.

Definition of Stalking Under Tennessee Law

Under Tennessee law, stalking is defined as a repeated pattern of behavior that causes the victim a reasonable fear of harm. Tennessee recognizes three types of stalking allegations: stalking, aggravated stalking, and especially aggravated stalking.

In addition to continual contact or harassment, an aggravated stalking charge involves the following aggravating factors:

• The perpetrator displayed a deadly weapon;
• The perpetrator had a prior stalking conviction within seven years of the current conviction;
• The victim is under the age of 18, and the perpetrator is more than five years older than the victim, or the victim was 65 years old or over at the time of the offense;
• The perpetrator threatened the victim’s spouse, child, sibling, parent, or dependents with the intention of making them fear bodily injury or death; or
• The perpetrator was legally required to keep away from the victim through either an order of protection, restraining order, or court-ordered injunction for protection, and they intentionally violated the order.

An especially aggravated stalking charge will apply if:

• The defendant commits the offense of stalking or aggravated stalking and has previously been convicted of stalking or aggravated stalking;
• The defendant commits the offense of aggravated stalking and intentionally or recklessly causes the victim or victim’s child, spouse, parent, sibling, or dependent serious bodily injury; or
• The defendant commits the offense of stalking or aggravated stalking, being at least 18 years of age, and the victim being under 12 years of age at the time of the offense.

Real World Examples of Stalking

The following acts are considered stalking under state law, making you subject to criminal charges:

• Repeatedly contacting someone who has asked you to leave them alone.
• Following a former spouse or ex-partner makes them fear for their safety.
• Making threats of bodily harm.
• Showing up at someone’s home or workplace, causing that person to feel uncomfortable or fear bodily harm.

Penalties for Stalking in TN

Under TN Code §39-17-315, the base level offense of stalking is a Class A misdemeanor, punishable by 11 months, 29 days in prison and a $2,500 fine. If the offender was registered or should have been registered on the Tennessee Sex Offender Registry, then the offense is upgraded to a Class E felony. If convicted, you may be imprisoned for one to six years and fined up to $3,000. Aggravated stalking is typically charged as a Class E felony. However, especially aggravated stalking is a Class C felony offense. Upon conviction, you will be subject to three to 15 years in jail and a maximum fine of $10,000.

There is No Substitute for Effective Counsel

Stalking charges can be among the most challenging to defend. If the prosecution can prove your guilt beyond a reasonable doubt, then you will be facing prison time, steep fines, and a criminal record that will follow you anywhere you go. When testimony comes between what you said or did and what the victim alleges, you need assistance from a legal team that can help gather pertinent evidence to support your claim. If you are interested in obtaining effective counsel to fight the charges against you, our Nashville domestic violence attorneys are here to help. By obtaining representation immediately, you increase the likelihood of a positive outcome.

Speak with Our Nashville Domestic Violence Lawyers Today

Although a stalking charge can be intimidating, it does not automatically mean you are guilty. At Andrew C. Beasley, PLLC, we understand the confusion you may be experiencing when facing a stalking charge, especially when you were merely checking in on that person’s well-being. If you have been accused of stalking, our Nashville domestic violence attorneys are available to offer you the legal guidance you desperately need. If you are ready to learn more about our services, contact us online or by phone at (615) 846-9889 to arrange your free consultation.