Trespassing Laws in Tennessee: What Property Owners Should Know
Understand how Tennessee trespassing laws impact property rights, enforcement practices, and legal responsibilities for landowners.
Property owners in Tennessee often face challenges protecting their land from unwanted entry. Trespassing, whether someone cuts across a field or refuses to leave when asked, raises concerns about safety, liability, and privacy. Understanding the state’s trespassing laws is crucial for property owners and visitors alike, as missteps can lead to legal consequences. This article outlines key aspects of Tennessee’s trespassing laws.
Relevant State Statutes
Tennessee law addresses unauthorized entry onto property primarily within Title 39, Chapter 14, Part 4 of the Tennessee Code Annotated. The main statute, Section 39-14-405, defines “Criminal trespass” as entering or remaining on property without the owner’s consent.1Justia Law. Tennessee Code § 39-14-405 (2024) – Criminal Trespass Consent can sometimes be implied, such as for businesses open to the public, unless otherwise indicated by the owner.
State law also defines more serious forms of trespassing. Section 39-14-406 covers “Aggravated criminal trespass,” which occurs when a person trespasses knowing they lack consent and intends, knows, or is reckless about whether their presence will cause fear for someone’s safety.2Justia Law. Tennessee Code § 39-14-406 (2024) – Aggravated Criminal Trespass For this charge, “enter” means the intrusion of the entire body.
Trespassing involving vehicles is addressed in Section 39-14-407, “Trespass by motor vehicle.” This law makes it an offense to drive or park on private property, like driveways or fields, without the owner’s permission, distinguishing it from trespassing on foot. Together, these statutes establish the legal definitions for different types of trespassing in Tennessee.
Civil vs Criminal Implications
Trespassing in Tennessee can lead to consequences in both criminal and civil court, which operate independently. Criminal trespass involves the state prosecuting an individual for violating laws such as Section 39-14-405 (Criminal trespass) or Section 39-14-406 (Aggravated criminal trespass). The goal is punishment and deterrence, pursued by law enforcement and prosecutors who must prove guilt “beyond a reasonable doubt”—the highest legal standard.
Separately, a property owner may file a civil lawsuit against a trespasser. This action focuses on compensating the owner for harm caused by the unauthorized entry, such as property damage or interference with the use of the land. Even without tangible damage, a court might award nominal damages simply for the violation of property rights, as seen in Tennessee cases like Dorer v. Hennessee.
In civil court, the property owner must prove the trespass occurred by a “preponderance of the evidence,” meaning it was more likely than not. This standard is lower than in criminal cases. An act of trespassing could result in both criminal charges and a civil suit, just one, or neither. A criminal conviction doesn’t guarantee success in a civil claim, and a criminal acquittal doesn’t prevent a civil suit. Property owners generally have three years from the date of the trespass to file a civil lawsuit for damages, according to Tennessee Code Annotated Section 28-3-105(1).
Required Notice for Property Owners
To establish criminal trespass under Tennessee law, the individual must generally be aware they lack the owner’s consent. Property owners can provide notice in several legally recognized ways.
Direct communication, such as verbally telling someone to leave or providing written instruction, constitutes notice under Section 39-14-405(a)(1). Physical barriers also serve as notice; Section 39-14-405(a)(2)(B) states that fences or other enclosures “obviously designed to exclude intruders” communicate that entry is forbidden.
Posting signs is another common method. According to Section 39-14-405(c)(1), signs should be placed at major entry points where they are “reasonably likely to come to the attention of a person entering the property.” While specific wording isn’t mandated for general “No Trespassing” signs, visibility and placement are key.
An alternative method involves purple paint markings, detailed in Section 39-14-405(a)(2)(C)(ii). Owners can paint vertical purple lines (at least eight inches long and one inch wide) on trees or posts, with the bottom of the mark between three and five feet from the ground, in locations likely to be seen. If using this method, at least one sign must also be posted at a main entrance explaining that purple paint means “no trespassing.”
Certain employers can use a “no trespass public notice list” maintained by the Secretary of State, as outlined in Section 39-14-405(f).3Tennessee Secretary of State. Public Chapter 956 (Relating to Trespass Notice List) By registering their property and paying a fee, these employers create a legal presumption that the public has notice regarding their property rights. This list is distributed to law enforcement agencies to aid in their response.
Penalties and Fines
The penalties for trespassing in Tennessee vary based on the specific offense and circumstances, falling under misdemeanor classifications outlined in state law.
Basic criminal trespass under Section 39-14-405 is a Class C misdemeanor. A conviction can result in up to 30 days in jail, a fine up to $50, or both, according to Tennessee Code Annotated Section 40-35-111(e)(3).
Aggravated criminal trespass, defined in Section 39-14-406, typically occurs when the trespasser acts in a way likely to cause fear or damages property like fences. This is usually a Class B misdemeanor, punishable by up to six months in jail, a fine up to $500, or both, per Section 40-35-111(e)(2).
The charge can be elevated to a Class A misdemeanor if the aggravated trespass occurs in specific locations like a home, hospital, school, construction site, or railroad property. A Class A misdemeanor carries potential penalties of up to 11 months and 29 days in jail, a fine up to $2,500, or both (Section 40-35-111(e)(1)).4FindLaw. Tennessee Code Title 40. Criminal Procedure § 40-35-111 If committed on the residential property of certain officials with intent to harass, aggravated trespass becomes a Class E felony, punishable by one to six years imprisonment and a fine up to $3,000 (Section 40-35-111(b)(5)).
Trespass by motor vehicle under Section 39-14-407, involving driving or parking on private property after being asked to leave, is a Class C misdemeanor. However, the statute specifically prohibits incarceration for this offense, though a fine of up to $50 may be imposed.
Defenses for Trespassing Accusations
Individuals accused of criminal trespass in Tennessee may have several legal defenses available. A primary defense is consent. If the person had the owner’s permission, either explicitly stated or reasonably implied by the circumstances (like entering a store open to the public), the charge may be negated.
Tennessee law, in Section 39-14-405(b), provides a specific defense if the person “reasonably believed” they had consent, did not substantially interfere with the owner’s use of the property, and left immediately upon request. This defense is not available if the owner provided proper notice against trespassing, such as through signs or purple paint markings.
Challenging the element of knowledge can be another defense. While intent to commit a separate crime isn’t required for basic trespass, the prosecution generally must show the person knew or should have known they lacked permission. A genuine and reasonable mistake of fact, such as believing they were on public land due to unclear boundaries, might negate the required mental state. A mistake of law (not knowing trespassing is illegal) is generally not a defense.
A legal right or privilege to be on the property can also serve as a defense. This might apply to law enforcement or emergency responders performing duties, or someone with a documented right like an easement. Section 39-14-405 includes specific provisions regarding contractual rights in housing complexes and certain activities on utility rights-of-way.
In rare situations, the defense of necessity might apply. This argues the trespass was justified to prevent a greater, imminent harm, such as escaping danger or rendering emergency aid. Using this defense typically requires showing no reasonable legal alternative existed and the harm caused by trespassing was less than the harm avoided. The viability of any defense depends heavily on the specific facts of the case.
Law Enforcement Response
When Tennessee law enforcement responds to a trespassing complaint, officers follow procedures guided by state law. They typically start by gathering information from the complainant to verify their authority over the property and understand the details: how entry occurred, whether notice was given, and the identity of the alleged trespasser. Officers assess if the elements of a crime under statutes like Section 39-14-405 or 39-14-406 appear to be met.
Officers will usually try to locate and speak with the accused individual to understand their perspective and reasons for being on the property. They evaluate whether the person knew they lacked consent. If the property is on the state’s “no trespass public notice list” (Section 39-14-405(f)), establishing the notice element may be simpler for the officer.
Based on the situation, the officer decides on the appropriate action. Under Tennessee Code Annotated Section 40-7-103, officers generally need to witness a misdemeanor like basic trespass to make a warrantless arrest, though exceptions exist. Section 40-7-118 gives officers discretion to issue a citation instead of making an arrest for most misdemeanors, requiring the individual to appear in court later.
The decision between a warning, citation, or arrest often depends on the severity of the trespass, the individual’s cooperation, and whether other offenses occurred. An arrest is more likely for aggravated criminal trespass, or if the individual refuses to leave or provide identification. Officers typically document the incident in a report regardless of the enforcement action taken.
