Criminal Offenses

Plain English Breakdown

The official source material does not provide specific details on how the law will be enforced in practice, leaving some uncertainty about enforcement mechanisms and penalties beyond classifications.

Intercollegiate Student-Athlete Protection Act

This bill creates a new law in Tennessee that makes it illegal to threaten or bully student athletes involved in intercollegiate sports and allows victims to sue the offenders.

What This Bill Does

• Creates a crime called 'student athlete harassment' for people who threaten or bully student athletes about their performance in college sports.
• Makes the first offense of this new law a Class A misdemeanor, and any repeat offenses a Class E felony.
• Allows student athletes who are victims to sue the person who harassed them in court and get money as compensation.

Who It Names or Affects

• Student athletes involved in intercollegiate sports
• People who threaten or bully these student athletes

Terms To Know

sports-related bullying

Aggressive and unwanted behavior directed toward a student athlete in relation to the performance of the student athlete in an intercollegiate sport that is intended to harm, intimidate, or humiliate the student athlete.

cyber-bullying

Sports-related bullying undertaken through the use of electronic devices.

Limits and Unknowns

• The bill does not apply to an entity providing an electronic communications service to the public acting in the normal course of providing that service.
• It is unclear how this law will be enforced and what the exact penalties for breaking it might be in practice.

Official Summary Text

This bill creates the offense of student athlete harassment for a person who intentionally does either of the following:



Communicates a threat to a student athlete that is related to the performance of the student athlete in an intercollegiate sport, and the person communicating the threat (i) intends the communication to be a threat of harm to the student athlete or the student athlete's immediate family and (ii) a reasonable person would perceive the communication to be a threat of harm.



Engages in sports-related bullying or cyber-bullying of a student athlete related to the performance of the student athlete in an intercollegiate sport.

CLASSIFICATION

This bill provides that a first violation is a Class A misdemeanor and a second or subsequent violation is a Class E felony.

EXEMPTION

Such offense does not apply to an entity providing an electronic communications service to the public acting in the normal course of providing that service. A service provider is not required to maintain any record not otherwise kept in the ordinary cou
rse of that service provider's business; except that if an electronic communications service provider operates a website that offers a social network service and the electronic communications service provider provides services to consumers in this state,
th
en any log files and images or communications that have been sent, posted, or displayed on the social network service's website and maintained by the electronic communications service provider must be disclosed to a governmental entity responsible for enf
orcing this section only if the governmental entity either:



Obtains a warrant issued using this state's warrant procedures by a court of competent jurisdiction.


Obtains a court order for the disclosure.


Has the consent of the person who sent, posted, or displayed any log files and images or communications on the social network service's website maintained by the electronic communications service provider.

This bill clarifies that a cause of action does not lie in any court against any provider of an electronic communications service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accorda
nce with the terms of a court order or warrant.

This bill authorizes a court order for disclosure as described above to be issued by any court that is a court of competent jurisdiction and such order must issue only if the governmental entity offers specific and articulable facts showing that there ar
e reasonable grounds to believe that the contents of an electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation. A court order must not issue if prohibited by the law of this st
at
e. A court issuing an order pursuant to this bill, on a motion made promptly by the service provider, may quash or modify the order, if the information or records requested are unusually voluminous in nature or compliance with the order otherwise would c
ause an undue burden on the provider.

PRIVATE CAUSE OF
ACTION

This bill provides that a student athlete who is the victim has a private right of action against the convicted person. A court may award a student athlete who prevails in such an action the following:



A minimum of $75,000 in statutory damages per intentional violation.


Actual damages.


Punitive damages.


Other forms of equitable relief.


Reasonable costs and attorney fees.

"SPORTS-RELATED BULLYING" DEFINED

As used in this bill, "sports-related bullying" means aggressive and unwanted behavior directed toward a student athlete in relation to the performance of the student athlete in an intercollegiate sport that (i) is intended to harm, intimidate, or humili
ate the student athlete, (ii) is repeated over time, and (iii) causes the student athlete to suffer emotional distress.

Current Bill Text

SENATE BILL 1830
By Yarbro

HOUSE BILL 1769
By Clemmons
HB1769
009629
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4,
Chapter 49; Title 39 and Title 49, relative to
student athletes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. This act is known and may be cited as "The Intercollegiate Student-Athlete
Protection Act."
SECTION 2. Tennessee Code Annotated, Title 39, Chapter 17, Part 3, is amended by
adding the following as a new section:
(a) As used in this section:
(1) "Communicate" means the same as defined in § 39-17-308;
(2) "Cyber-bullying" means sports-related bullying undertaken through
the use of electronic devices;
(3) "Electronic communications service" means the same as defined in §
39-17-308;
(4) "Emotional distress" means the same as defined in § 39-17-315;
(5) "Intercollegiate sport" means the same as defined in § 49-7-2102;
(6) "Sports-related bullying" means aggressive and unwanted behavior
directed toward a student athlete in relation to the performance of the student
athlete in an intercollegiate sport that:
(A) Is intended to harm, intimidate, or humiliate the student
athlete;
(B) Is repeated over time; and
(C) Causes the student athlete to suffer emotional distress; and

- 2 - 009629

(7) "Student athlete" means the same as defined in § 49-7-2102.
(b) A person commits the offense of student athlete harassment who
intentionally:
(1) Communicates a threat to a student athlete that is related to the
performance of the student athlete in an intercollegiate sport, and the person
communicating the threat:
(A) Intends the communication to be a threat of harm to the
student athlete or the student athlete's immediate family; and
(B) A reasonable person would perceive the communication to be
a threat of harm; or
(2) Engages in sports-related bullying or cyber-bullying of a student
athlete related to the performance of the student athlete in an intercollegiate
sport.
(c)
(1) A first violation of subsection (b) is a Class A misdemeanor.
(2) A second or subsequent violation of subsection (b) is a Class E
felony.
(d)
(1) The offense described in this section does not apply to an entity
providing an electronic communications service to the public acting in the normal
course of providing that service.
(2) A service provider described in this subsection (d) is not required to
maintain any record not otherwise kept in the ordinary course of that service
provider's business; except that if an electronic communications service provider
operates a website that offers a social network service and the electronic

- 3 - 009629

communications service provider provides services to consumers in this state,
then any log files and images or communications that have been sent, posted, or
displayed on the social network service's website and maintained by the
electronic communications service provider must be disclosed to a governmental
entity responsible for enforcing this section only if the governmental entity:
(A) Obtains a warrant issued using this state's warrant
procedures by a court of competent jurisdiction;
(B) Obtains a court order for the disclosure under subdivision
(d)(4); or
(C) Has the consent of the person who sent, posted, or displayed
any log files and images or communications on the social network
service's website maintained by the electronic communications service
provider.
(3) A cause of action does not lie in any court against any provider of an
electronic communications service, its officers, employees, agents, or other
specified persons for providing information, facilities, or assistance in accordance
with the terms of a court order or warrant.
(4) A court order for disclosure under subdivision (d)(2)(B) may be issued
by any court that is a court of competent jurisdiction and must issue only if the
governmental entity offers specific and articulable facts showing that there are
reasonable grounds to believe that the contents of an electronic communication,
or the records or other information sought, are relevant and material to an
ongoing criminal investigation. A court order must not issue if prohibited by the
law of this state. A court issuing an order pursuant to this section, on a motion
made promptly by the service provider, may quash or modify the order, if the

- 4 - 009629

information or records requested are unusually voluminous in nature or
compliance with the order otherwise would cause an undue burden on the
provider.
(e)
(1) A student athlete who is the victim of a violation of this section has a
private right of action against the person convicted of violating this section.
(2) A court may award a student athlete who prevails in an action under
this subsection (e):
(A) A minimum of seventy-five thousand dollars ($75,000) in
statutory damages per intentional violation of subsection (b);
(B) Actual damages;
(C) Punitive damages, pursuant to § 29-39-104;
(D) Other forms of equitable relief; and
(E) Reasonable costs and attorney fees.
SECTION 3. This act takes effect July 1, 2026, the public welfare requiring it.