Tennessee Code Annotated
Tenn. Code Ann. § 39-17-309 (2026)
Civil rights intimidation
✓ current as of May 2026
- (a) The general assembly finds and declares that it is the right of every person regardless of race, color, ancestry, religion or national origin, to be secure and protected from fear, intimidation, harassment and bodily injury caused by the activities of groups and individuals. It is not the intent of this section to interfere with the exercise of rights protected by the constitution of the United States. The general assembly recognizes the constitutional right of every citizen to harbor and express beliefs on any subject whatsoever and to associate with others who share similar beliefs. The general assembly further finds that the advocacy of unlawful acts by groups or individuals against other persons or groups for the purpose of inciting and provoking damage to property and bodily injury or death to persons is not constitutionally protected, poses a threat to public order and safety, and should be subject to criminal sanctions.
- (b) A person commits the offense of intimidating others from exercising civil rights who:
- (1) Injures or threatens to injure or coerces another person with the intent to unlawfully intimidate another from the free exercise or enjoyment of any right or privilege secured by the constitution or laws of the state of Tennessee;
- (2) Injures or threatens to injure or coerces another person with the intent to unlawfully intimidate another because that other exercised any right or privilege secured by the constitution or laws of the United States or the constitution or laws of the state of Tennessee;
- (3) Damages, destroys or defaces any real or personal property of another person with the intent to unlawfully intimidate another from the free exercise or enjoyment of any right or privilege secured by the constitution or laws of the state of Tennessee; or
- (4) Damages, destroys or defaces any real or personal property of another person with the intent to unlawfully intimidate another because that other exercised any right or privilege secured by the constitution or laws of the United States or the constitution or laws of the state of Tennessee.
- (c) It is an offense for a person to wear a mask or disguise with the intent to violate subsection (b).
- (d) A violation of subsection (b) is a Class D felony. A violation of subsection (c) is a Class A misdemeanor.
- (e) The penalties provided in this section for intimidating others from exercising civil rights do not preclude victims from seeking any other remedies, criminal or civil, otherwise available under law.
Acts 1989, ch. 591, § 1; 1990, ch. 984, § 1.
Notes of Decisions
Cited in 26
cases (3 in the last 5 years), 1994–2026 · leading case: Washington v. Robertson Cnty., 29 S.W.3d 466 (Tenn. 2000).
Washington v. Robertson Cnty., 29 S.W.3d 466 (Tenn. 2000). “§ 4-21-701 (1998) are derived from the criminal offense of civil rights intimidation under Tenn. Code Ann. § 39-17-309 (1997); that a claim may be brought against a private individual or an employee of a government agency in his or her individual capacity; and that a…”
Bowden Bldg. Corp. v. Tennessee Real Est. Comm'n, 15 S.W.3d 434 (Tenn. Ct. App. 1999). “” Furthermore, the Defendants asserted that Bowden “failed to state a claim for relief under Tenn.Code Ann. § 39-17-309.” Last, the Defendants sought dismissal of this suit “in its entirety” based upon Bowden’s failure to state a claim upon which relief can be granted.”
Young v. State Farm Mut. Auto. Ins., 868 F. Supp. 937 (W.D. Tenn. 1994). “In 1991, the statute section referenced was changed to § 39-17-309. In the 1992 supplement to the Tennessee Code, however, the cross-reference was returned to § 39-17-313 [repealed].”
Levy v. Franks, 159 S.W.3d 66 (Tenn. Ct. App. 2004). “Based on Washington , we cannot broaden the legislature’s definition of malicious harassment beyond the elements of civil rights intimidation, as set out in Tenn. Code Ann. § 39-17-309 . Having considered the plain language of § 309, we fail to see that its reach extends to…”
Kim Brown v. Christian Bros. Univ., 428 S.W.3d 38 (Tenn. Ct. App. 2013). “§ 4-21-701 indicates that the supporters of the legislation favored creation of a civil remedy for so-called “hate crimes” committed by ethnic and racial supremecist groups such as the Ku Klux Klan, Aryan Nation and Skinheads.”
Oates v. Chattanooga Publ'g Co., 205 S.W.3d 418 (Tenn. Ct. App. 2006). “In 1989, the Tennessee Legislature enacted Tenn.Code Ann. § 39-17-309 which criminalizes certain actions which intimidate others from exercising their civil rights.”
Boyd v. Tennessee State Univ., 848 F. Supp. 111 (M.D. Tenn. 1994). “See Tenn.Code Ann. §§ 39-17-309, 4-21-701. 3 .”
Bowman v. City of Memphis, 329 S.W.3d 766 (Tenn. Ct. App. 2010). “in addition to, but separate from, the applicable criminal statutes set forth first in Tenn.Code Ann. § 39-17-313 and then in Tenn.”
Fromuth v. Metro. Gov't of Nashville, 158 F. Supp. 2d 787 (M.D. Tenn. 2001). “§§ 39-17-309, which was substantially similar to §§ 39-17-313 [repealed].”
Lunan v. Jones (In re Lunan), 489 B.R. 711 (Bankr. E.D. Tenn. 2012). “§ 39-14-112, the extortion criminal statute, by converting Plaintiffs property through the use of extortion and threats of criminal liability for bankruptcy fraud; and (8) intentionally inflicted emotional distress in violation of Tenn.Code Ann. § 39-17-309, which addresses the…”
State v. Berrill, 474 S.E.2d 508 (W. Va. 1996). “21, § 1301 (West 1983); Tenn.Code Ann. § 39-17-309 (1991); Va.Code Ann.”
Harcrow v. Harcrow (M.D. Tenn. 2019). “” Tenn. Code Ann. § 39-17-309 (a). To vindicate that right, the statute creates the “offense of intimidating others from exercising civil rights[,]” which is punishable as a Class D felony.”
— Tenn. Code Ann. § 39-17-309(a) — 3 cases
Washington v. Robertson Cnty., 29 S.W.3d 466 (Tenn. 2000). “§ 4-21-701 (1998) are derived from the criminal offense of civil rights intimidation under Tenn. Code Ann. § 39-17-309 (1997); that a claim may be brought against a private individual or an employee of a government agency in his or her individual capacity; and that a…”
Oates v. Chattanooga Publ'g Co., 205 S.W.3d 418 (Tenn. Ct. App. 2006). “In 1989, the Tennessee Legislature enacted Tenn.Code Ann. § 39-17-309 which criminalizes certain actions which intimidate others from exercising their civil rights.”
United States v. Ray Mettetal (4th Cir. 2000).
— Tenn. Code Ann. § 39-17-309(b) — 2 cases
Washington v. Robertson Cnty., 29 S.W.3d 466 (Tenn. 2000). “§ 4-21-701 (1998) are derived from the criminal offense of civil rights intimidation under Tenn. Code Ann. § 39-17-309 (1997); that a claim may be brought against a private individual or an employee of a government agency in his or her individual capacity; and that a…”
Jerry L. Luster v. B. Campbell Smoot (Tenn. Ct. App. 2001).
— Tenn. Code Ann. § 39-17-309(b)(2) — 1 case
Young v. State Farm Mut. Auto. Ins., 868 F. Supp. 937 (W.D. Tenn. 1994). “In 1991, the statute section referenced was changed to § 39-17-309. In the 1992 supplement to the Tennessee Code, however, the cross-reference was returned to § 39-17-313 [repealed].”
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