Damages

Plain English Breakdown

The exact enforcement and frequency of cases arising from this legislation are uncertain based on the provided information.

Liability for Damages Caused by Compensated Demonstrators

This bill makes people who pay others to participate in demonstrations responsible if those paid demonstrators break certain laws during the demonstration.

What This Bill Does

• Allows someone who pays a demonstrator to be held responsible for damages caused by that person's actions during the demonstration, provided the demonstrator broke one of several listed offenses such as rioting or disorderly conduct.
• Requires proof that compensation was given and that the demonstrator committed an offense listed in the bill.
• Does not require evidence of a criminal conviction against the demonstrator to prove liability.
• Gives the attorney general permission to sue someone who pays demonstrators if it's in the public interest.

Who It Names or Affects

• People who pay others to participate in demonstrations
• Demonstrators who receive compensation for their participation

Terms To Know

Compensation

Money or other valuable consideration given to a demonstrator.

Vicarious liability

Being held responsible for the actions of someone else, in this case, a paid demonstrator.

Limits and Unknowns

• The bill does not specify what happens if the demonstration occurs before the effective date.
• It is unclear how often such cases will arise or be prosecuted under these new rules.

Official Summary Text

This bill authorizes a person who provides compensation to a demonstrator in exchange for the demonstrator's participation in a demonstration to be vicariously liable for damages caused by the demonstrator if the demonstrator's conduct, while participati
ng in the demonstration for which the person compensated the demonstrator to participate, satisfies the elements of any of the following offenses:



Riot or aggravated riot.


Disorderly conduct.


Disrupting a meeting, procession, or gathering.


Obstructing a highway or passageway, or disobeying a reasonable request or order to move.


Harassment.


Civil rights intimidation.


Desecration of a venerated object.


Civil disorder.


Disorderly conduct at funerals.


Unauthorized placement of signs or markings.

In order to establish such liability, this bill requires a plaintiff to prove that a defendant provided compensation to a demonstrator in exchange for the demonstrator's participation in a demonstration and that the demonstrator's conduct satisfies the e
lements of one of the offenses listed above. However, a plaintiff is not required to produce evidence of a criminal conviction against the demonstrator who received compensation from the defendant.

ON MARCH 12, 2026, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2222, AS AMENDED.

AMENDMENT #1 clarifies, i
n order to establish liability under th
e bill
,
that
a plaintiff
m
ust prove by a preponderance of the evidence that
a
defendant provided compensation to a demonstrator in exchange for participation in a demonstration and that the demonstrator's conduct satisfies the elements of one of the offenses listed in
the bill summary. This amendment also requires
a plaintiff
to
prove by a preponderance of the evidence that
th
e plaintiff suffered an ascertainable loss resulting from the demon
strator's conduct
.

STATE ACTION

If
the attorney general has reason to believe that a person who has provided compensation to a demonstrator may be vicariously liable for the demonstrator's conduct
listed in the bill summary
and that proceedings would be in the public interest,
then this amendment authorizes
the attorney general
to
bring an action in the name of the state against such person for any relief available at law or equity.

The action may be brought in a court of competent jurisdiction in the county where the alleged conduct took
place.

In order to establish liability,
this amendment requires

the state to
prove by a preponderance of the evidence that
a
defendant provided compensation to a demonstrator in exchange for the demonstrator's participation in a demonstration and that the demonstrator's conduct satisfies the elements of one of the offenses listed in
the bill summary. However, the state i
s not required to produce evidence of a criminal conviction against the demonstrator who received compensation from the defendant.

This amendment authorizes t
he court
to
make such orders or render such judgments as the court determines to be in the interest of justice.
If
a judgment is rendered in favor of the state under this
amendment
,
then
the court
must
award reasonable costs, including attorney's fees, to the state.

Current Bill Text

HOUSE BILL 2109
By Boyd

SENATE BILL 2222
By Johnson
SB2222
012118
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 29;
Title 38 and Title 50, relative to liability for actions
of demonstrators.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 29, Chapter 34, Part 2, is amended by
adding the following as a new section:
(a) As used in this section:
(1) "Compensation" means a salary, fee, payment, reimbursement, or
other valuable consideration, or combination thereof, whether received or to be
received;
(2) "Demonstration" means a public gathering of one (1) or more
demonstrators protesting against something or expressing views on a political
issue; and
(3) "Demonstrator" means a person who takes part in-person in a
demonstration.
(b) Notwithstanding a law to the contrary, a person who provides compensation
to a demonstrator in exchange for the demonstrator's participation in a demonstration
may be vicariously liable for damages caused by the demonstrator if the demonstrator's
conduct, while participating in the demonstration for which the person compensated the
demonstrator to participate, satisfies the elements of one (1) or more of the following
offenses:
(1) Riot under § 39-17-302;
(2) Aggravated riot under § 39-17-303;

- 2 - 012118

(3) Disorderly conduct under § 39-17-305;
(4) Disrupting a meeting, procession, or gathering under § 39-17-306;
(5) Obstructing a highway or passageway, or disobeying a reasonable
request or order to move under § 39-17-307;
(6) Harassment under § 39-17-308;
(7) Civil rights intimidation under § 39-17-309;
(8) Desecration of a venerated object under § 39-17-311;
(9) Civil disorder under § 39-17-314;
(10) Disorderly conduct at funerals under § 39-17-317; or
(11) Unauthorized placement of signs or markings under § 39-17-319.
(c) In order to establish liability under this section, a plaintiff:
(1) Must prove that a defendant provided any compensation to a
demonstrator in exchange for the demonstrator's participation in a demonstration
and that the demonstrator's conduct satisfies the elements of one (1) of the
offenses listed in subdivisions (b)(1)-(11); and
(2) Is not required to produce evidence of a criminal conviction against
the demonstrator who received compensation from the defendant.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it,
and applies only to acts occurring on or after that date.