§ 39-16-517 — Threat of mass violence on school property or at school-related activity

Tennessee § 39-16-517

• Jurisdiction: Tennessee
• Title: 39

Text

(a) As used in this section: (1) "Mass violence" means any act which a reasonable person would conclude could lead to the serious bodily injury, as defined in § 39-11-106 , or the death of two (2) or more persons; (2) "Means of communication" means direct and indirect verbal, written, or electronic communications, including graffiti, pictures, diagrams, telephone calls, voice over internet protocol calls, video messages, voice mails, electronic mail, social media posts, instant messages, chat group posts, text messages, and any other recognized means of conveying information; (3) "School" means any public or private elementary school, middle school, high school, college of applied technology, postsecondary vocational or technical school, or two-year or four-year college or university; and (4) "School property" means any school building or bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by any local education agency, private school board of trustees, or directors for the administration of any school. (b) (1) A person who recklessly, by any means of communication, threatens to commit an act of mass violence on school property or at a school-related activity commits a Class E felony. (2) This section does not apply to a person with an intellectual disability, as defined in § 33-1-101 . (c) As a condition of bail or other pretrial release, the court may, in its discretion, order the defendant to undergo an evaluation, under § 33-7-301 , to determine whether the defendant poses a substantial likelihood of serious harm to the person or others. (d) (1) Any person who has knowledge of a threat of mass violence on school property or at a school-related activity shall report the threat immediately to: (A) The local law enforcement agency with jurisdiction over the school property or school-related activity; and (B) The school that is subject to the threat of mass violence. (2) The report must include, to the extent known by the reporter, the nature of the threat of mass violence, the name and address of the person making the threat, the facts requiring the report, and any other pertinent information. (3) Any person who has knowledge of a threat of mass violence on school property or at a school-related activity and knowingly fails to report the threat commits a Class B misdemeanor. (e) In addition to any other penalty authorized by law, a sentencing court may order a person convicted under subsection (b) to pay restitution, including costs and damages resulting from the disruption of the normal activity that would have otherwise occurred on the school property or at the school-related activity but for the threat to commit an act of mass violence. (f) If a juvenile is adjudicated delinquent for a violation of subsection (b) pursuant to title 37, chapter 1, part 1, then the disposition must include, in addition to any other disposition authorized by law, the suspension of the juvenile's driving privileges or ability to obtain a driver license for a period of one (1) year in accordance with the procedure set out in title 55, chapter 10, part 7.

Legislative History

Amended by 2024 Tenn. Acts, ch. 887,s 1, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 727,s 1, eff. 7/1/2024. Added by 2021 Tenn. Acts, ch. 395, s 1, eff. 7/1/2021.