Trespassing Laws in Tennessee
If someone enters a property in Tennessee without permission, it’s criminal trespass. Learn the specifics of the Code and how to defend your home here.
Written by Bonnie Stinson
Reviewed by Melanie Reiff
Trespassing is a serious offense in Tennessee. Offenders could face jail time or fines. Homeowners should understand the trespassing laws in Tennessee and take steps to protect their property against intruders.
You may think it’s easy to identify a trespasser—it’s anyone who wanders onto property that doesn’t belong to them, right? In reality, trespassing laws are a bit more complicated. There are specific criteria, like whether notice was given and the type of land, that could affect the legality of the trespasser’s presence.
To help you protect your property, here is a quick guide to trespassing laws in Tennessee from
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What’s considered criminal trespass in Tennessee?
It is considered criminal trespass in Tennessee if someone enters or stays on a property without the consent of the property owner, according to the Tennessee Code.
The unauthorized intrusion of the entire body (meaning, stepping fully onto property you aren’t allowed to be on) is considered a Class C misdemeanor. Just sticking an arm over the fence does not constitute criminal trespass.
Aggravated criminal trespass is a more serious criminal offense. It is a Class B misdemeanor in most places and a Class A misdemeanor if it occurs at a school or hospital. It is considered aggravated criminal trespass when someone enters a property without the consent of the owner and one of the below is true:
- The trespasser knows they are unwelcome and the person’s conduct on the property is reckless
- The trespasser destroys or alters any of the barriers set up to keep trespassers out
It is possible for trespassers to defend themselves, arguing that they were not aware they were trespassing. In court, they could make this case if:
- They reasonably believed they had the owner’s permission
- They didn’t interfere with the owner’s use of the property
- They left immediately upon request
If you catch a trespasser in the act, you can call a law enforcement officer to remove the person from the property. You may also want to get a free consultation with a law firm to understand your rights, since the trespasser is likely to retain a criminal defense attorney if you want to press charges.
The best way to ward off trespassers is to make it clear with highly visible signage that unauthorized people are not welcome on the property.
MORE: How high is the cost of living in Tennessee?
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How to protect your home from trespassers
A good offense is the best defense for protecting your private property from trespassers. Be proactive! Clear signs, purple paint, and motion-activated lights throughout your personal property can help scare off unauthorized visitors.
Use No Trespassing signs
Post “No Trespassing” signs around the edges of your property where someone could enter. Motion-activated lights can be very effective in deterring unwanted guests, too.
Disclaimer: While a sign may not keep out a very determined trespasser, it will give you legal grounds to prosecute them if you catch them!
Use purple paint
In the state of Tennessee, you can use purple paint to signify “no trespassing” and demarcate your property lines.
The paint must be placed at locations that are reasonably likely to be noticed by anyone entering the property. Purple paint marks can be on trees or posts on the property.
Marks must be vertical lines at least eight inches long and at least one inch wide. The bottom of the mark must be between three and five feet off the ground.
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FAQs
What is the penalty for trespassing in Tennessee?
Under Tennessee law, a trespasser could be fined $50 and spend up to 30 days in jail. Related offenses (intent to commit theft or assault) may lead to more severe consequences.
Is trespassing a felony?
No, basic trespassing is not considered a felony in Tennessee. It is considered a misdemeanor, which will trigger temporary consequences like jail time and fines.
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