Tennessee’s General Assembly passed hundreds of bills that were signed into law by Governor Lee during the 2024 Legislative Session! As part of a mini-series on the content and consequences of Tennessee’s new laws, let’s take a look at what is newly illegal in Tennessee. While some of these crimes were previously illegal, they are now being charged differently or as their entirely own category of crime. It’s important to understand the legal changes that take place in Tennessee, even those that seem small. After all, none of us want to be caught off guard and end up charged with someone we had no idea was a crime!
All of the following provisions come into effect July 1, 2024.
Violent Crimes
The following violent actions have been criminalized in Tennessee:
● Assault – Assault within a healthcare facility and aggravated assault within a healthcare facility (SB1709 928 “Dr. Benjamin Mauck Act”)
● Assault – Assault against a participant in judicial proceedings while on the premises of a building in which judicial proceedings occur (Class E Felony) (SB2221 1045)
● Murder – Defendants charged with drug offenses or conspiracy to commit a drug offense must now be charged with second degree murder if the offense resulted in the death of another person and the substance involved is fentanyl, carfentanil, or any analogue or derivative thereof (SB2229 957)
● Assault – Communicating a threat to cause serious bodily harm or death concerning a school student on school property or at a school-related activity (HB 1016) (Class B Misdemeanor)
Property Crimes
The following property-related actions have been criminalized in Tennessee:
● Vandalism – Using, altering, encrypting, ransoming, destroying, or otherwise rendering unavailable without authorization, electronic data, electronic devices, or network providers of critical infrastructure or of a farm now qualifies as critical infrastructure vandalism (HB2265)
● Theft – Acquiring or otherwise exercising control over bees or a structure or equipment used to keep, handle, house, exhibit, breed, or offer for sale bees, without the consent of the owner and with the intent to deprive the owner of the bees, structure, or equipment. (Class C Felony) (SB2650 708)
● Caller identification Spoofing – Knowingly (when acting on behalf of a debt collector or inbound telemarketer service) causing a caller identification service to transmit misleading or inaccurate caller identification information to a subscriber with the intent to defraud or cause harm to another person, or to wrongfully obtain anything of value, rather than with the intent to induce the subscriber to answer (HB2504 758) (Class A Misdemeanor)
● Counterfeit marks and Theft– (The ELVIS Act: Establishing that an individual has a property right in the use of that individual’s voice) Knowingly using or infringing upon the use of another individual’s voice, for the purposes of generating a profit, advertisement, or fundraising, etc., without such individual’s prior consent or the consent of their legal guardian or the executor/administrator of their estate. This includes using AI to knowingly produce an unauthorized reproduction of an individual’s voice. (HB2091)
Motor Vehicles and Rules of the Road
Here are the new laws to keep in mind when driving around this summer:
● Possessing or distributing a license plate flipper (SB2585 870)
● Operating a passenger motor vehicle on a street, road, or highway in this state if, by alteration of the suspension, frame, or chassis, the height of the vehicle’s front fender is four or more inches greater than the height of the rear fender. (Class B Misdemeanor) (HB1944)
● Knowingly ignoring a regulatory or warning sign for the dropping off or picking up of students. (Class C Misdemeanor) (SB2771 948)
Miscellaneous
The following newly illegal actions in Tennessee don’t fit neatly into the previous categories, but are nonetheless noteworthy:
● Harassment – Bullying and cyber-bullying are now subject to the same criminal penalties as harassment. Additionally, officers are required to make a report of bullying and notify a parent/guardian when the victim of the bullying is a minor (HB2590 797)
● False Reports – Knowingly initiating or circulating a false or baseless report of a past, present, or impending active shooter or hostage situation (HB2395 794)
● Child Neglect – When acting as a parent or guardian, knowingly leaving a child under the care or supervision of a registered sex offender (Class A Misdemeanor) (SB1587 952)
● Probation Violations – Tampering or otherwise making ineffective certain monitoring devices required as a condition of probation or parole (Class B Misdemeanor) (SB2654 874)
If you or a loved one has been charged with a crime in southeast Tennessee, reach out to Best & Brock to set up a FREE consultation with one of our experienced criminal defense attorneys. It’s the BEST way to protect your rights and your future!