By Nathan Cate, Nashville Criminal Defense Attorney | Cate Law

N. Cate Law defends violent crime charges in Nashville across Davidson County and Middle Tennessee. Free consultation: (615) 664-8083.

Your ex-girlfriend tells the police you will not stop calling her. A coworker files a complaint saying your text messages are threatening. A neighbor reports that you have been watching her house. A former business partner claims you have been sending intimidating emails. Before you know what is happening, you are served with a warrant for harassment — or worse, stalking.

These charges land on people who never imagined they would face criminal prosecution. A messy breakup, a custody dispute, a business disagreement, a neighbor feud — any of these ordinary conflicts can escalate into criminal charges when one party contacts the police and frames the other’s conduct as threatening or intimidating. And in Tennessee, the consequences of a conviction are far more serious than most people realize.

I have defended clients in Davidson County, Williamson County, Rutherford County, Sumner County, and throughout Middle Tennessee on harassment and stalking charges. Many of these cases involve one-sided stories, misunderstandings, and allegations motivated by anger rather than genuine fear. Here is what Tennessee law requires the State to prove, what the penalties are, and how these charges are defended.

Harassment Under Tennessee Law: Tenn. Code Ann. § 39-17-308

Tennessee’s harassment statute is Tenn. Code Ann. § 39-17-308. The statute defines harassment as conduct directed toward a specific person that is intended to frighten, intimidate, or cause emotional distress, and that serves no legitimate purpose.

The statute lists specific types of conduct that constitute harassment:

Threatening Conduct

A person commits harassment by threatening, by telephone, in writing, or by electronic communication, to take action known to be unlawful against any person and by this action knowingly annoying or alarming the recipient. The threat must be of unlawful action — a threat to file a lawsuit, for example, is not harassment because filing a lawsuit is lawful.

Repeated Unwanted Contact

Making telephone calls, sending texts, or sending electronic communications to another person anonymously, at extremely inconvenient hours, or in an offensively repetitive manner, with the intent to harass, annoy, or alarm the person, is harassment. The key elements are the repetitive nature of the contact, the intent behind it, and the absence of a legitimate purpose.

Obscene or Threatening Communications

Knowingly communicating a threat to commit a violent act against a person or making obscene or lewd communications directed at a specific person with the intent to frighten, intimidate, or harass constitutes harassment.

The Intent Requirement

Every form of harassment under § 39-17-308 requires proof of intent. The State must prove beyond a reasonable doubt that the defendant intended to frighten, intimidate, annoy, or cause emotional distress to the victim. Accidental contact, legitimate business communications, and communications with a lawful purpose are not harassment — even if the recipient found them annoying or unwelcome.

This intent element is the most important battleground in harassment cases. The defendant’s state of mind at the time of the communication is what separates criminal conduct from constitutionally protected speech and lawful behavior. Proving what someone intended when they sent a text message or made a phone call is not as straightforward as the prosecution sometimes suggests.

Stalking Under Tennessee Law: Tenn. Code Ann. § 39-17-315

Stalking is a more serious offense than harassment. Tennessee’s stalking statute is Tenn. Code Ann. § 39-17-315, and it requires proof of a pattern of conduct — not just a single act — directed at a specific victim.

Elements of Stalking

A person commits stalking when they engage in a willful course of conduct directed at a specific person that:

Would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and
Does cause the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested

Both elements must be satisfied. The conduct must be objectively threatening (a reasonable person would feel terrorized) and subjectively threatening (the specific victim did feel terrorized). If the conduct would not alarm a reasonable person — even if the particular victim was alarmed — it does not meet the statutory definition. Conversely, if the victim was not alarmed — even if a reasonable person would have been — the statute is not satisfied.

Course of Conduct

The phrase “course of conduct” is critical. A single act is not stalking. The statute requires a pattern — repeated acts directed at the victim over a period of time. Tennessee courts have interpreted “course of conduct” to mean two or more separate acts that evidence a continuity of purpose.

Examples of conduct that can constitute stalking when part of a course of conduct include:

Following the victim to or from their home, workplace, or school
Appearing at the victim’s home, workplace, or other locations without legitimate purpose
Making repeated unwanted phone calls, text messages, or social media contacts
Sending unwanted gifts, letters, or items to the victim
Monitoring the victim’s activities, movements, or communications
Photographing or recording the victim without their knowledge
Placing surveillance devices on the victim’s property or vehicle
Using third parties to relay communications after the victim has requested no contact

The Reasonable Person Standard

The reasonable person standard prevents the statute from being used to criminalize conduct that only an unusually sensitive person would find threatening. The question is not whether this particular victim felt fear — it is whether a reasonable person in the victim’s circumstances would have felt fear. This standard protects defendants from prosecution based on a victim’s unreasonable or exaggerated reaction to ordinary behavior.

Aggravated Stalking

Tennessee law elevates stalking to aggravated stalking under Tenn. Code Ann. § 39-17-315(c) when the conduct involves additional aggravating factors. The two most common bases for aggravated stalking are:

Weapon Involvement

Stalking becomes aggravated stalking when the defendant displays a deadly weapon in the course of the stalking, or makes a credible threat to the victim or the victim’s child, sibling, spouse, parent, or dependents with the intent to place that person in reasonable fear of death or bodily injury.

Violation of a Protective Order

Stalking becomes aggravated stalking when the defendant’s conduct violates an existing order of protection, restraining order, injunction, or any court order prohibiting contact with the victim. This is one of the most commonly charged aggravated stalking scenarios in Middle Tennessee. A defendant who has been served with an order of protection and then knowingly violates it through a course of conduct that amounts to stalking — two or more separate acts, such as repeated contact or following — can be charged with aggravated stalking, a felony, instead of simple stalking. For a broader view of how Tennessee classifies violent and threatening offenses, see our violent crimes defense page.

Penalties

The penalties for harassment, stalking, and aggravated stalking in Tennessee escalate significantly with the severity of the charge.

Harassment — Class A Misdemeanor

Harassment under Tenn. Code Ann. § 39-17-308 is a Class A misdemeanor. The maximum penalties are:

Up to 11 months and 29 days in jail
A fine of up to $2,500
Court costs
Possible probation with conditions (no-contact orders, anger management, counseling)

A harassment conviction is a criminal offense that appears on background checks and can affect employment, housing, professional licensing, and custody determinations.

Stalking — Class A Misdemeanor

Stalking under Tenn. Code Ann. § 39-17-315(a) is also a Class A misdemeanor for a first offense, carrying the same penalties as harassment:

Up to 11 months and 29 days in jail
A fine of up to $2,500

However, stalking with a prior stalking conviction within seven years is aggravated stalking, a Class E felony (1 to 6 years, fine up to $3,000). If the prior stalking or aggravated stalking conviction involved the same victim, the new offense is especially aggravated stalking, a Class C felony (3 to 15 years). Stalking is also a Class E felony when the defendant is a registered sexual offender.

Aggravated Stalking — Class E Felony

Aggravated stalking under Tenn. Code Ann. § 39-17-315(c) is a Class E felony:

1 to 6 years in prison
A fine of up to $3,000

A conviction for aggravated stalking is a felony that carries all of the collateral consequences of a felony conviction — loss of voting rights (until restoration), loss of firearm rights, and permanent placement on the criminal record.

Protective Order Violations as Separate Charges

Violating an order of protection is independently criminal under Tenn. Code Ann. § 39-13-113. Every violation is a Class A misdemeanor, with a fine of $100 to $2,500 and jail time that runs consecutively to any related sentence; there is no second-offense felony tier. When a defendant violates an order of protection through stalking conduct, the defendant can be charged with both aggravated stalking and violation of the protective order — two separate charges arising from the same conduct.

Electronic Harassment and Cyberstalking

Tennessee law specifically addresses harassment and stalking committed through electronic means.

Electronic Communication Harassment

Tenn. Code Ann. § 39-17-308(a)(4) makes it harassment to communicate a threat or a false statement by any method of electronic communication with the intent to frighten, intimidate, or cause emotional distress. Electronic communication includes text messages, emails, social media messages, posts on social media platforms, and communications through apps.

Cyberstalking

Tennessee’s stalking statute applies to online conduct the same way it applies to physical conduct. Repeated unwanted contact through social media, creating fake accounts to monitor someone, posting personal information about someone online with the intent to intimidate, and using GPS tracking or spyware to monitor someone’s location all constitute stalking conduct when part of a course of conduct directed at a specific victim.

The challenge with electronic harassment and cyberstalking cases is documentation. Digital communications leave records — text messages, social media posts, emails. These records can be powerful evidence for the prosecution. They can also be powerful evidence for the defense when they show context, show that communications were mutual, or show that the alleged victim initiated or escalated the contact.

Social Media Complications

Social media creates situations where the line between lawful speech and criminal harassment is blurred. Posting publicly about someone on Facebook or Twitter is generally protected speech. But when the posts are directed at a specific person, are threatening in nature, and are part of a pattern designed to frighten or intimidate, they can cross the line into criminal harassment or stalking.

Courts have struggled with where to draw this line, and the First Amendment imposes constraints on how far the government can go in criminalizing online speech. This constitutional dimension makes electronic harassment cases more defensible than many people realize.

Orders of Protection

Harassment and stalking cases frequently involve orders of protection — court orders that prohibit the defendant from contacting, approaching, or communicating with the alleged victim.

How Protective Orders Are Obtained

In Tennessee, a person who alleges they are the victim of stalking, harassment, sexual assault, or domestic abuse can petition the court for an order of protection under Tenn. Code Ann. § 36-3-601 et seq. The petitioner files a sworn petition describing the alleged conduct, and the court may issue an ex parte (temporary) order of protection without a hearing if the court finds that immediate and present danger exists.

A full hearing is then scheduled — typically within 15 days — at which both parties can present evidence and testimony. If the court finds that the petitioner has proven the allegations by a preponderance of the evidence, a final order of protection is issued, typically for a period of one year.

The Impact on the Defendant

An order of protection has immediate practical consequences:

No contact of any kind with the protected person — no calls, texts, emails, social media messages, or contact through third parties
Stay-away provisions — the defendant must remain a specified distance from the victim’s home, workplace, school, and vehicle
Surrender of firearms — Tennessee law requires that the respondent in an order of protection relinquish firearms for the duration of the order
Custody implications — the order may include temporary custody provisions that affect the defendant’s access to children

Violating any term of the order is a separate criminal offense. The order does not have to be “fair” for its violation to be criminal. Even if the defendant believes the order was wrongly granted, violating it is a crime.

Contested Protective Order Hearings

The protective order hearing is a critical moment in the case. If the order is granted, any subsequent contact by the defendant becomes criminal. Defending against the protective order at the initial hearing — by challenging the petitioner’s allegations, presenting contradictory evidence, and demonstrating that the petitioner’s fear is not reasonable — can prevent the order from being issued and remove the enhancement risk from the stalking charge.

I have represented defendants at protective order hearings throughout Middle Tennessee. These hearings receive less attention than criminal trials, but their outcome shapes the entire case. An order of protection that is wrongly granted raises the stakes of every later contact: a single phone call can be charged as a violation of the order, and a course of two or more contacts can be charged as felony aggravated stalking.

Defenses to Harassment and Stalking Charges

Constitutionally Protected Speech

The First Amendment protects the right to speak freely, including the right to say things that other people find annoying, offensive, or even frightening. Not all unwelcome speech is criminal. A defendant who posts opinions about a public figure, who voices criticism of an ex-spouse in a custody dispute, or who advocates for a cause that the alleged victim opposes is engaged in protected speech — not criminal harassment.

The constitutional defense is strongest when the defendant’s communications are about matters of public concern, when they are not directed at the alleged victim personally, and when they do not contain threats of violence. Tennessee’s harassment statute includes a provision that it does not apply to constitutionally protected activity, and courts are required to construe the statute narrowly to avoid infringing on First Amendment rights.

Legitimate Purpose

Tennessee’s harassment statute requires that the defendant’s conduct serve “no legitimate purpose.” If the defendant had a legitimate reason for the contact — a shared child, a shared business, a legal dispute, a shared social circle — the contact is not harassment even if the recipient found it unwelcome.

Custody disputes produce a high volume of harassment allegations. One parent accuses the other of harassing them by sending frequent text messages about the children. But communications about shared children are inherently legitimate. The content, tone, and frequency may be annoying, but they are not criminal harassment if the purpose is related to co-parenting.

Business disputes follow a similar pattern. A former business partner who sends repeated communications about money owed, shared property, or contractual obligations is communicating for a legitimate business purpose. The recipient may want the communications to stop, but wanting communications to stop does not make them criminal.

False Allegations

In a significant number of harassment and stalking cases, the allegations are false, exaggerated, or strategically motivated. This is particularly common in domestic disputes, custody battles, and divorce proceedings. Filing a harassment complaint and obtaining an order of protection can give one party a tactical advantage in a custody case — the other parent is excluded from the home, limited in contact with the children, and painted as dangerous.

I approach every harassment and stalking case with a careful examination of the alleged victim’s motives. Is there a custody case pending? Is there a divorce in progress? Is there a property dispute, a business conflict, or a personal grudge that would motivate a false report? The credibility of the alleged victim is a central issue in every harassment prosecution, and the defense has the right to investigate and present evidence of motive to fabricate.

Mutual Contact

Many harassment cases involve two people who were both communicating with each other — often in a deteriorating relationship. The defendant sent 40 text messages. The alleged victim sent 35. Both parties were engaged in the same pattern of communication, but only one party went to the police.

Mutual contact undermines the State’s case in two ways. First, it undermines the claim that the defendant’s contact was unwanted — if the alleged victim was responding and initiating contact, the defendant reasonably believed the communication was mutual. Second, it undermines the claim that the alleged victim was frightened or terrorized — a person who is genuinely terrorized does not continue to engage in conversation with the person terrorizing them.

Lack of Intent

The State must prove that the defendant intended to frighten, intimidate, or cause emotional distress. If the defendant’s communications were intended for a different purpose — to resolve a dispute, to express feelings, to conduct business, to discuss shared responsibilities — the intent element is not satisfied.

This is a factual defense that depends on the content and context of the communications. Text messages, emails, and social media posts are documentary evidence that cuts both ways. They can show threatening intent, or they can show a person trying to communicate about legitimate matters in a way that was poorly received. For additional context on how we handle these cases within a full defense practice, visit our practice areas overview.

Harassment and Stalking in Domestic Violence Context

A large percentage of harassment and stalking charges arise from domestic disputes — current or former spouses, dating partners, and co-parents. When the relationship between the defendant and the alleged victim meets the statutory definition of a domestic relationship, additional legal consequences attach.

Domestic Violence Enhancement

If the harassment or stalking conduct occurs between parties in a domestic relationship, the charge may be prosecuted as a domestic violence offense. This does not change the charge classification (harassment remains a Class A misdemeanor, stalking remains a Class A misdemeanor), but it adds domestic violence conditions to any sentence or probation — including mandatory completion of a batterer intervention program, mandatory no-contact orders, and enhanced penalties for violation.

Firearms Consequences

Under both Tennessee and federal law, a person subject to a qualifying order of protection or convicted of a misdemeanor crime of domestic violence is prohibited from possessing firearms. This means a harassment conviction in a domestic context — even a misdemeanor — can result in loss of firearm rights. For gun owners, this collateral consequence is as significant as the criminal penalty itself.

Custody Impact

A harassment or stalking conviction — or even an active charge — can dramatically affect custody proceedings. Family courts consider criminal charges and protective orders when making custody determinations. A parent facing stalking charges may see their custody reduced, their visitation supervised, or their parental rights restricted.

This creates a perverse incentive for strategic false reporting. A parent who files a harassment complaint and obtains a protective order immediately gains a custody advantage. The other parent is excluded from the home, limited in contact, and burdened with a criminal case. Defending against the criminal charge is inseparable from defending parental rights.

What to Do If You Are Charged

Do not contact the alleged victim. The single most common mistake defendants make in harassment and stalking cases is continuing to contact the alleged victim after being charged. Every contact after the charge — even a text saying “I’m sorry” or “can we talk about this?” — becomes additional evidence and potentially a separate criminal offense if a no-contact order is in place.

Do not post about the case on social media. Anything you post publicly is available to the prosecution. A frustrated post about the charges, the alleged victim, or the legal system can be used against you.

Preserve all communications. Save every text message, email, voicemail, and social media exchange between you and the alleged victim. These records may be your strongest defense. If the alleged victim was initiating contact, responding to your messages, or making statements inconsistent with their claims of fear, that evidence is critical.

Comply with all court orders. If an order of protection has been issued, comply with it completely. Do not test its boundaries. Do not send messages through mutual friends. Do not drive by the person’s home to check on your children. Every violation is a separate criminal charge and an enhancement of the stalking allegation.

Contact a defense attorney before your court date. Harassment and stalking charges carry more collateral consequences than most misdemeanors — protective orders, firearm restrictions, custody implications, and employment effects. Early legal representation allows investigation of the allegations, preparation of the defense, and strategic positioning before the case gains momentum.

Frequently Asked Questions

What is the difference between harassment and stalking in Tennessee?

Harassment under Tenn. Code Ann. § 39-17-308 can be a single act — one threatening phone call, one obscene message, one instance of repeated annoying contact. Stalking under Tenn. Code Ann. § 39-17-315 requires a course of conduct — a pattern of two or more acts directed at a specific person over a period of time. Stalking also requires that the conduct would cause a reasonable person to feel terrorized or frightened, which is a higher bar than the harassment standard of intent to annoy or alarm. Both are Class A misdemeanors for a first offense, but stalking carries greater enhancement risk.

Can I be charged with harassment for sending text messages?

Yes. Tennessee’s harassment statute specifically covers electronic communications, including text messages. If you send repeated unwanted text messages with the intent to annoy, frighten, or cause emotional distress, and the messages serve no legitimate purpose, you can be charged with harassment. However, text messages about shared children, shared business matters, or other legitimate subjects are generally not criminal even if the recipient finds them unwelcome.

What makes stalking “aggravated” in Tennessee?

Stalking becomes aggravated stalking under Tenn. Code Ann. § 39-17-315(c) when the defendant displays a deadly weapon, makes a credible threat to place the victim or a family member in reasonable fear of death or bodily injury, has a prior stalking conviction within seven years, or knowingly violates an existing order of protection, restraining order, or court-ordered no-contact provision. Victims under 18 (when the defendant is five or more years older) or 65 and over also trigger the aggravated charge. Aggravated stalking is a Class E felony carrying 1 to 6 years in prison, compared to the Class A misdemeanor classification of simple stalking.

Can someone get a protective order against me based on harassment?

Yes. Under Tenn. Code Ann. § 36-3-601, a person who alleges they are the victim of stalking, harassment, or sexual assault can petition the court for an order of protection. The court can issue a temporary ex parte order immediately and then hold a hearing within 15 days to determine whether a full order should be issued. You have the right to attend the hearing, present evidence, and contest the allegations before a final order is entered.

Are harassment charges common in divorce and custody cases?

Extremely common. Harassment and stalking allegations are frequently filed during contentious divorces and custody disputes. The motivations range from genuine fear to strategic advantage. A protective order gives the petitioner immediate tactical benefits in custody proceedings — the other parent is removed from the home and restricted in contact. Defending against these allegations requires careful investigation of the accuser’s motives, timeline, and credibility.

Can harassment charges be expunged in Tennessee?

If the charge is dismissed — through successful defense, diversion, or prosecutorial discretion — it is eligible for expungement under Tennessee law. If you were convicted of misdemeanor harassment, Tenn. Code Ann. § 40-32-107 allows expungement of certain misdemeanor convictions after the sentence is completed and a waiting period has passed. The eligibility depends on the specific circumstances of the conviction and your criminal history. An attorney can evaluate whether your case qualifies.

Facing harassment or stalking charges in Nashville or Middle Tennessee? Call (615) 664-8083 for a free consultation.