Official Summary Text
Present law defines aggravated burglary as burglary of a habitation. This bill adds that a person who c
ommits an aggravated criminal trespass in a habitation, and during
such
trespass encounters the property owner using or displaying a firearm in self-defense,
also commits aggravated burglary. Aggravated burglary, under either circumstance, is a Class C felony, which is punishable by a term of imprisonment of
no less than three years nor more than 15 years
and potentially
a fine not to exceed $10,000
.
CRIMINAL TRESPASS
Present law defines criminal trespass as a
person
who
enters or remains on property, or any portion of property, without the consent of the owner.
Criminal trespass is classified as a Class C misdemeanor, which is punishable by a term of imprisonment of no
greater than 30 days
,
a fine not to exceed $50, or both
. This bill raises the classification of criminal trespass to a Class C felony.
AGGRAVATED CRIMINAL TRESPASS
Present law defines aggravated criminal trespass as a person who
enters or remains on property when
the
person knows the person does not have the property owner's effective consent to do so
,
and
meets any of the following criteria:
The person intends, knows, or is reckless about whether such person's presence will cause fear for the safety of another
.
The person, in order to gain entry to the property, destroys, cuts, vandalizes, alters or removes a gate, signage, fencing, lock, chain or other barrier designed to keep trespassers from entering the property
.
The person, while on the property, recklessly damages the property or personal property thereon.
Present law generally classifies aggravated criminal trespass as a Class B misdemeanor. However, if the a
ggravated criminal trespass was committed in a habitation
;
in a building of any hospital
;
on state property
;
or on the campus, property, or facilities of any private or public school
, the classification is raised to
a Class A misdemeanor.
The offense is further raised to a Class E felony when committed o
n residential property belonging to or occupied by a law enforcement officer, active duty member of
the military, judge, or elected or appointed federal, state, or local official
,
and
w
ith intent to harass
such
person due to the person's status as a law enforcement officer, active duty member of the military, judge, or elected or appointed federal, state, or local official.
Present law also defines aggravated criminal trespass as occurring under specific scenarios with regard to railroad property and construction sites. This bill removes all of the provisions described in this paragraph, and simply classifies aggravated c
riminal trespass as defined in the first paragraph as a Class C felony.
TRESPASS BY MOTOR VEHICLE
Present law defines trespass by motor vehicle as a person
who drives, parks, stands, or otherwise operates a motor vehicle on, through or within a parking area, driving area or roadway located on privately owned property
that
is provided for use by patrons, customers or employees of business establishments upon that property, or adjoining property or for use otherwise in connection with activities conducted upon that property, or adjoining property, after the person has been
requested or ordered to leave the property or to cease doing any of the foregoing actions
.
Such offense is classified as a
Class C misdemeanor with no incarceration permitted.
This bill raises the offense to a Class C felony, punishable only by fine.
APPLICABILITY
This bill applies to acts occurring on or after July 1, 2026.
Current Bill Text
Read the full stored bill text
SENATE BILL 1749
By Bowling
HOUSE BILL 1662
By Sherrell
HB1662
011358
- 1 -
AN ACT to amend Tennessee Code Annotated, Section
39-11-611; Title 39, Chapter 13, Part 10 and Title
39, Chapter 14, Part 4, relative to trespass.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-13-1003, is amended by deleting
the section and substituting:
(a) A person commits aggravated burglary who:
(1) Commits burglary, as described in § 39-13-1002, of a habitation; or
(2) Commits an aggravated criminal trespass in a habitation, as
described in § 39-14-406, and during commission of the aggravated criminal
trespass encounters the property owner using or displaying a firearm in self-
defense, pursuant to § 39-11-611.
(b) Aggravated burglary is a Class C felony.
SECTION 2. Tennessee Code Annotated, Section 39-14-405, is amended by deleting
subdivision (g) and substituting:
(g) Criminal trespass is a Class C felony.
SECTION 3. Tennessee Code Annotated, Section 39-14-406, is amended by deleting
the section and substituting:
(a) A person commits aggravated criminal trespass who enters or remains on
property when the person knows the person does not have the property owner's
effective consent to do so, and:
(1) The person intends, knows, or is reckless about whether such
person's presence will cause fear for the safety of another;
- 2 - 011358
(2) The person, in order to gain entry to the property, destroys, cuts,
vandalizes, alters, or removes a gate, signage, fencing, lock, chain, or other
barrier designed to keep trespassers from entering the property; or
(3) The person, while on the property, recklessly damages the property
or personal property thereon.
(b) For purposes of this section, "enter" means intrusion of the entire body.
(c) Aggravated criminal trespass is a Class C felony.
SECTION 4. Tennessee Code Annotated, Section 39-14-407(a), is amended by
deleting "Class C misdemeanor" and substituting "Class C felony".
SECTION 5. This act takes effect July 1, 2026, the public welfare requiring it, and
applies to acts occurring on or after July 1, 2026.