Tennessee
Tennessee Disorderly Conduct and Trespass Laws: Penalties (2026)
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Tennessee makes disorderly conduct a Class C misdemeanor, its lowest criminal class, under Tenn. Code Ann. 39-17-305: up to 30 days in jail, a fine of up to $50, or both. Criminal trespass under 39-14-405 is also a Class C misdemeanor in its basic form, but since July 1, 2026 trespass that involves driving or operating a motorized vehicle or bicycle is a Class A misdemeanor carrying a mandatory $2,500 fine, and aggravated criminal trespass under 39-14-406 ranges from a Class B misdemeanor to a Class E felony.
The statute's three main forms (fighting or threatening behavior, refusing a dispersal order at an emergency, and creating a hazardous condition) require a public place and an intent to cause public annoyance or alarm, and a separate subsection covers unreasonable noise. Several related offenses carry far heavier penalties, including riot, false emergency reports, threats of mass violence and obstructing a passageway, and camping on public property after a warning is a felony. For other states, see our guide to disorderly conduct and trespass laws by state.
Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Tennessee's state criminal statutes on disorderly conduct and riot (Title 39, chapter 17, part 3), public intoxication, criminal trespass and aggravated criminal trespass (Title 39, chapter 14, part 4), and related offenses on false reports, threats of mass violence, hunting, cemeteries and public camping. Statutory text quoted here is the Tennessee Code Annotated as compiled in 2021, read together with the 2021 to 2026 public chapters named on this page. It does not cover local noise ordinances and quiet hours (see Tennessee noise laws), the civil procedure for removing squatters (see Tennessee squatters' rights), use of force against an intruder (see Tennessee self-defense laws), local ordinances, civil trespass lawsuits, or federal property rules.
What is disorderly conduct in Tennessee?
Section 39-17-305 sets out three forms of disorderly conduct that share two conditions: the conduct must happen in a public place, and the person must act with intent to cause public annoyance or alarm. Subsection (a) reads:
"(a) A person commits an offense who, in a public place and with intent to cause public annoyance or alarm: (1) Engages in fighting or in violent or threatening behavior; (2) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency; or (3) Creates a hazardous or physically offensive condition by any act that serves no legitimate purpose." (Tenn. Code Ann. 39-17-305(a))
In plain terms, the three forms are:
- Fighting or threatening behavior. Engaging in fighting or in violent or threatening behavior. Where a fight causes or threatens injury, the assault statutes may also apply; see Tennessee assault laws.
- Refusing to disperse at an emergency. Refusing an official dispersal order, but only an order issued to maintain public safety in dangerous proximity to a fire, hazard or other emergency.
- Creating a hazardous or offensive condition. Creating a hazardous or physically offensive condition by an act that serves no legitimate purpose.
Subsection (b) adds a separate noise form: "A person also violates this section who makes unreasonable noise that prevents others from carrying on lawful activities." For quiet hours, decibel limits and how local noise rules work, see our Tennessee noise laws page.
Penalty
Section 39-17-305(c) provides: "A violation of this section is a Class C misdemeanor." Under section 40-35-111(e)(3), a Class C misdemeanor is punishable by "not greater than thirty (30) days or a fine not to exceed fifty dollars ($50.00), or both, unless otherwise provided by statute." Section 39-17-305 has no higher misdemeanor or felony form of its own.
Swearing, yelling and offensive words
The text of section 39-17-305 contains no clause about abusive, profane or offensive language. Its three subsection (a) forms turn on fighting, threatening behavior, refusing an emergency dispersal order and hazardous conditions, each done in a public place with intent to cause public annoyance or alarm, and subsection (b) turns on unreasonable noise that prevents others from carrying on lawful activities.
Related public-order offenses
Part 3 of chapter 17 is titled "Disorderly Conduct and Riots." Among the offenses in the part, alongside disorderly conduct, are the following.
Public intoxication (39-17-310)
Tennessee treats public intoxication as a crime. Section 39-17-310(a) applies to a person who "appears in a public place under the influence of a controlled substance, controlled substance analogue or any other intoxicating substance to the degree that: (1) The offender may be endangered; (2) There is endangerment to other persons or property; or (3) The offender unreasonably annoys people in the vicinity." It is a Class C misdemeanor (up to 30 days, up to $50, or both).
Riot, aggravated riot and inciting to riot (39-17-302 to 39-17-304)
Section 39-17-301(3) defines a riot as "a disturbance in a public place or penal institution ... involving an assemblage of three (3) or more persons whether or not participating in any otherwise lawful activity, which, by tumultuous and violent conduct, creates grave danger of substantial damage to property or serious bodily injury to persons or substantially obstructs law enforcement or other governmental function."
- Riot (39-17-302): knowingly participating in a riot is a Class A misdemeanor, and the sentence must include "a mandatory minimum sentence of thirty (30) days of incarceration and an order of restitution for any property damage or loss incurred as a result of the offense."
- Aggravated riot (39-17-303): knowingly participating in a riot is a Class E felony if the person "Traveled from outside the state with intent to commit a criminal offense," participated "in exchange for compensation," or, as a result of the riot, a person other than a participant suffered bodily injury or substantial property damage occurred. The sentence must include a mandatory minimum of 45 days of incarceration, or 60 days when two or more of those circumstances are present, and an order of restitution (Public Chapter 440 (2021), effective July 1, 2021).
- Inciting to riot (39-17-304): inciting or urging three or more persons to create or engage in a riot is a Class A misdemeanor.
Disrupting a meeting or procession (39-17-306)
A person commits an offense "if, with the intent to prevent or disrupt a lawful meeting, procession, or gathering, the person substantially obstructs or interferes with the meeting, procession, or gathering by physical action or verbal utterance." It is a Class A misdemeanor.
Obstructing a highway or passageway (39-17-307)
Section 39-17-307(a) covers a person who, without legal privilege, intentionally, knowingly or recklessly (1) obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway or other place of public passage, or (2) disobeys a reasonable request or order to move from a person known to be a law enforcement officer, a firefighter, or a person with authority to control the use of the premises. Obstruction under (a)(1) is a Class A misdemeanor and refusing to move under (a)(2) is a Class C misdemeanor. Under (c)(3), obstruction becomes a Class E felony "if the obstruction prevents an emergency vehicle from accessing a highway or street, the obstruction prevents a first responder from responding to an emergency, or if the obstruction prevents access to an emergency exit."
Funerals and cemeteries (39-17-317 and 46-1-313)
Section 39-17-317 makes it an offense to obstruct or interfere with a funeral, burial, funeral home viewing, funeral procession or memorial service "by making any utterance, gesture, or display in a manner offensive to the sensibilities of an ordinary person." The statute adds that "Picketing, protesting, or demonstrating at a funeral or memorial service shall be deemed offensive to the sensibilities of an ordinary person." It applies "only ... to acts within five hundred feet (500')" of the service or procession, and it is a Class B misdemeanor (up to 6 months, up to $500, or both).
Separately, section 46-1-313 makes it a Class E felony to willfully damage cemetery monuments, fences or plantings, to hunt or shoot, play games or "loiter for lascivious or lewd purposes" in a cemetery, or to "interfere, by words or actions, with any funeral procession or any religious exercises."
Aggressive panhandling and civil disorder training (39-17-313, 39-17-314)
Aggressive panhandling under section 39-17-313 is a Class C misdemeanor for a first violation, and a second or subsequent violation is "a Class B misdemeanor punishable by fine or a term of imprisonment not to exceed ninety (90) days, or both." Section 39-17-314 makes it a Class D felony to assemble with others to train in or practice techniques capable of causing property damage, bodily injury or death "with the intent to employ such training, instruction or practice in the commission of a civil disorder."
Posting a phone number or home address to cause harm (Public Chapter 522 (2025))
Since July 1, 2025, a section added to part 3 makes it a Class B misdemeanor to post a person's telephone number or home address on a publicly accessible website "with the intent to cause harm or a threat of harm" to that person or a family or household member, and a Class A misdemeanor if the offense results in bodily injury or property damage to one of them. It does not apply to a public servant posting the information as part of required duties.
What part 3 does not contain
Part 3 of chapter 17 contains no separate breach-of-the-peace, affray, loitering or unlawful-assembly offense. The nearest provisions are disorderly conduct (39-17-305), the riot offenses (39-17-302 to 39-17-304) and obstruction (39-17-307).
False reports and false emergency reports (39-16-502)
Outside part 3, section 39-16-502 makes it a Class D felony to initiate a report to a law enforcement officer about an offense or incident knowing it did not occur or the information is false, or to knowingly give an officer a false statement about a material fact with intent to obstruct the officer. It is a Class C felony to "Intentionally initiate or circulate a report of a past, present, or impending bombing, fire or other emergency, knowing that the report is false or baseless" and knowing it will cause an emergency response, place a person in fear of imminent serious bodily injury, or interrupt the occupation of a building, place of assembly, conveyance or other place open to the public.
Threats of mass violence (39-16-517 and Public Chapter 522 (2025))
For offenses on or after July 1, 2024, 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" under 39-16-517(b) (Public Chapter 887 (2024)); subsection (b)(2) provides that "This section does not apply to a person with an intellectual disability," as defined in 33-1-101. A person who has knowledge of a threat of mass violence on school property or at a school-related activity and knowingly fails to report it to the local law enforcement agency and the school commits a Class B misdemeanor under 39-16-517(d), an offense in place since July 1, 2021 (Public Chapter 395 (2021)). From July 1, 2026, Public Chapter 780 (2026) limits it to credible threats, meaning a threat that "causes another to reasonably expect the commission of an act of mass violence."
Since July 1, 2025, a separate offense in Title 39, chapter 13, part 8 (Public Chapter 522 (2025)) makes it a Class E felony to knowingly threaten, by any means of communication, an act of mass violence (an act that could lead to the imminent serious bodily injury or death of four or more people) when the threat causes another to reasonably expect it. It is a Class D felony when the threat targets the property of a school, house of worship or government or a live performance or event, when the person has a prior conviction under that section or 39-16-517, or when the person knowingly takes a substantial step toward carrying it out and makes preparations such as plans or surveillance. The court may also order restitution.
Criminal trespass in Tennessee
Tennessee does not number its trespass offenses by degree. It has a basic offense, criminal trespass (39-14-405), and a more serious offense, aggravated criminal trespass (39-14-406), plus several special offenses.

What counts as criminal trespass (39-14-405)
Section 39-14-405(a) provides: "A person commits criminal trespass if the person enters or remains on property, or any portion of property, without the consent of the owner. Consent may be inferred in the case of property that is used for commercial activity available to the general public or in the case of other property when the owner has communicated the owner's intent that the property be open to the general public." Section 39-14-401(3) defines "owner" for this part as "a person in lawful possession of property whether the possession is actual or constructive."
Under subsection (d), as rewritten by Public Chapter 907 (2026), "enter" means intrusion of the entire body; causing an unmanned aircraft to enter the airspace above the owner's land that is not regulated as navigable airspace by the Federal Aviation Administration; or, from July 1, 2026, "Intrusion by driving, parking, or otherwise operating a motorized vehicle or bicycle." For other drone rules, see Tennessee drone laws.
Being told to leave, and the statutory defense
Section 39-14-405(b) provides that "It is a defense to prosecution under this section that: (1) A person entered or remained on property that the person reasonably believed to be property for which the owner's consent to enter had been granted; (2) The person's conduct did not substantially interfere with the owner's use of the property; and (3) The person immediately left the property upon request." All three parts are joined by "and."
A separate offense covers vehicles in business parking lots. Under section 39-14-407(a), a person who drives, parks, stands or operates a motor vehicle in a parking area, driving area or roadway on private property provided for patrons, customers or employees of businesses on that property or adjoining property "after the person has been requested or ordered to leave the property or to cease doing any of the foregoing actions commits a Class C misdemeanor with no incarceration permitted."
Under a 2024 law in Title 68, chapter 110 (Public Chapter 665 (2024), effective July 1, 2024), a person who remains on a campground after the campground owner asks them to leave for a listed reason (not being a registered guest or visitor, staying past the agreed departure time and date, unpaid fees, a disturbance, or violating a law) commits criminal trespass under 39-14-405, "regardless of whether the person was a registered guest of the campground whose agreed-upon departure date has not passed."
No trespassing signs and Tennessee's purple paint law
In Tennessee, posting is not an element of criminal trespass. Instead, posting or purple paint removes the subsection (b) defense. Under section 39-14-405(c), that defense does not apply if the property owner:
"(1) Posts the property with signs that are visible at all major points of ingress to the property being posted and the signs are reasonably likely to come to the attention of a person entering the property; or (2) Places identifying purple paint marks on trees or posts on the property; provided, that at least one (1) sign is posted at a major point of ingress to the property in a manner that is reasonably likely to come to the attention of a person entering the property and that the sign includes language describing that the use of purple paint signifies 'no trespassing.'"
Purple paint used under this rule "must be vertical lines of not less than eight inches (8") in length and not less than one inch (1") in width; placed so that the bottom of the mark is not less than three feet (3') or more than five feet (5') from the ground; and placed at locations that are reasonably likely to come to the attention of a person entering the property." Purple paint alone, without the entrance sign explaining it, does not meet subsection (c)(2).
Penalties for criminal trespass, including the 2026 vehicle rule
Public Chapter 907 (2026) rewrote subsection (g). It now provides that, except for vehicle and bicycle trespass, "criminal trespass is a Class C misdemeanor" (up to 30 days, up to $50, or both). Under (g)(2):
"Criminal trespass is a Class A misdemeanor if the violation involved the use or operation of a motorized vehicle or bicycle and is punishable only by a mandatory fine in the amount of two thousand five hundred dollars ($2,500), and the sentence must include an order of restitution for all damages to the property resulting from the violation."
On "a second or subsequent violation involving the use or operation of a motorized vehicle or bicycle, the motorized vehicle or bicycle is, upon conviction of the offense, subject to seizure and forfeiture." The act took effect July 1, 2026 "and applies to acts committed on or after that date," so vehicle or bicycle trespass before that date falls under the earlier Class C grade.
Aggravated criminal trespass (39-14-406)
Under section 39-14-406(a), a person commits aggravated criminal trespass by entering or remaining on property when the person knows they do not have the owner's effective consent and one of the following applies:
- the person "intends, knows, or is reckless about whether such person's presence will cause fear for the safety of another";
- to gain entry, the person "destroys, cuts, vandalizes, alters or removes a gate, signage, fencing, lock, chain or other barrier designed to keep trespassers from entering the property"; or
- while on the property, the person "recklessly damages the property or personal property thereon."
The grades under subsection (c) are:
- Class B misdemeanor (up to 6 months, up to $500, or both) in general.
- Class A misdemeanor (up to 11 months 29 days, up to $2,500, or both) when "committed in a habitation, in a building of any hospital, on state property, or on the campus, property, or facilities of any private or public school." A habitation is "any structure, including buildings, module units, mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons" (39-14-401(1)(A)).
- Class E felony (1 to 6 years; the jury may add a fine of up to $3,000) when committed on residential property "belonging to or occupied by a law enforcement officer, active duty member of the military, judge, or elected or appointed federal, state, or local official" and "With intent to harass" that person "due to the person's status."
Subsection (d) adds a Class A misdemeanor for entering or remaining on a railroad's property, including its right-of-way, with intent to harm the property or another person or knowing the person's presence will harm another. Subsection (e) covers trespass on a construction site or on utility or electric or telephone cooperative property with intent to steal, deface, destroy, tamper with, alter or remove equipment or property; the property must be posted with a sign plainly visible to the average person at all gates or entrances carrying the statutory warning, and (e)(3) makes the construction-site form a Class A misdemeanor.
Is trespassing a felony in Tennessee?
Criminal trespass under 39-14-405 is a misdemeanor in every form. The felony offenses connected with entry onto property are:
- aggravated criminal trespass at the home of an officer, service member, judge or official with intent to harass the person because of that status (Class E felony, 39-14-406(c)(3));
- camping on public property after an official warning (Class E felony, 39-14-414, below);
- the cemetery offenses in 46-1-313 (Class E felony);
- critical infrastructure vandalism under 39-14-411, which covers a person who knowingly interrupts or interferes with critical infrastructure or its operation, destroys or injures critical infrastructure, or (since July 1, 2024) without authorization uses, alters, encrypts, ransoms, destroys or otherwise renders unavailable the electronic data, devices or networks of a critical infrastructure provider or a farm; destroying or injuring a farm is a separate form. It is punished as theft and graded by value under 39-14-103 and 39-14-105, but for the infrastructure forms never less than a Class E felony when actual damages are under $1,000 and never less than a Class C felony when they are $1,000 or more, and for the farm form never less than a Class E felony (Public Chapters 302 (2023) and 627 (2024)). Mere entry is not the offense.
Burglary is the line above trespass. Under section 39-14-402(a)(1), entering "a building other than a habitation (or any portion thereof) not open to the public, with intent to commit a felony, theft or assault" without the owner's effective consent is burglary, a Class D felony. Trespass has no such intent element.
Hunting on someone else's land (70-4-106)
Section 70-4-106(a)(1) makes it unlawful "to hunt, take, chase, trap or kill any wild animal, wild bird, wild fowl or fish, upon the land of another without having first obtained the permission or approval of the owners of the land, or of the person or persons in charge of the land and having authority from the owner to give such permission." It is a Class C misdemeanor, and "the court may revoke the license of the person so convicted." Subsection (b) separately makes it a Class C misdemeanor, with possible license revocation, to hunt game without written permission on land posted with agency-approved signs reading "Hunting By Written Permission Only" and bearing the owner's name; the signs must be visible at all major points of ingress, either alone or with fluorescent boundary markings at least 1 inch wide and 4 inches long placed at 50-yard intervals around the perimeter.
Camping on public property (39-14-414)
Public Chapter 986 (2022) changed the camping offense in section 39-14-414(d)(1) from property "owned by the state" to "public property," effective July 1, 2022. The offense requires a warning first: under (d)(2), a person is not guilty "unless the person was notified by an official responsible for the protection of the property in question that camping is prohibited and continued to engage in camping or returned within twenty-four (24) hours of the warning and continued to engage in camping." A violation is a Class E felony (1 to 6 years; jury fine of up to $3,000).
The same act added a separate, lower-grade offense in Title 55, chapter 8, for camping on the shoulder, berm or right-of-way of a state or interstate highway, or under a bridge or overpass or within an underpass of one. "Notwithstanding § 39-14-414," that offense "is a Class C misdemeanor, punishable only by a fine of fifty dollars ($50.00) and community service work not less than twenty (20) hours nor more than forty (40) hours," and a first offense draws a warning citation.
Squatters and unlawful occupants
Public Chapter 1009 (2024), effective July 1, 2024, created a civil procedure in Title 29, chapter 18 for removing unauthorized occupants of a dwelling; it does not create a new criminal trespass offense. It provides that the sheriff "may arrest any person found in the dwelling for trespass, outstanding warrants, or any other legal cause," and that the section "does not limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unlawful occupant for trespassing, vandalism, theft, or other crimes." For the removal procedure, see Tennessee squatters' rights. For the rules on using force against an intruder, see Tennessee self-defense laws.
Penalties at a glance
| Offense | Statute | What it prohibits | Class | Statutory penalty |
|---|---|---|---|---|
| Disorderly conduct | 39-17-305 | In a public place, with intent to cause public annoyance or alarm: fighting or threatening behavior, refusing an emergency dispersal order, or a hazardous condition; also unreasonable noise that prevents lawful activities | Class C misdemeanor | Up to 30 days, up to $50, or both |
| Public intoxication | 39-17-310 | Appearing in public under the influence to the degree of danger to self, others or property, or unreasonably annoying people nearby | Class C misdemeanor | Up to 30 days, up to $50, or both |
| Interfering with a funeral | 39-17-317 | Offensive utterance, gesture or display obstructing a funeral or memorial service, within 500 feet; picketing or protesting deemed offensive | Class B misdemeanor | Up to 6 months, up to $500, or both |
| Riot | 39-17-302 | Knowingly participating in a riot | Class A misdemeanor | Up to 11 months 29 days, up to $2,500, or both; mandatory minimum 30 days and restitution |
| Aggravated riot | 39-17-303 | Riot with out-of-state travel to commit a crime, paid participation, or injury to a non-participant or substantial property damage | Class E felony | 1 to 6 years; jury fine up to $3,000; mandatory minimum 45 days (60 days if two or more circumstances) and restitution |
| Inciting to riot | 39-17-304 | Inciting or urging three or more people to riot | Class A misdemeanor | Up to 11 months 29 days, up to $2,500, or both |
| Disrupting a meeting or procession | 39-17-306 | Substantially obstructing a lawful meeting, procession or gathering with intent to prevent or disrupt it | Class A misdemeanor | Up to 11 months 29 days, up to $2,500, or both |
| Obstructing a passageway | 39-17-307(a)(1) | Obstructing a highway, street, sidewalk or other public passage | Class A misdemeanor; Class E felony if it blocks an emergency vehicle, a first responder or an emergency exit | Up to 11 months 29 days and $2,500; felony 1 to 6 years |
| Refusing an order to move | 39-17-307(a)(2) | Disobeying a reasonable request or order to move from an officer, firefighter or person controlling the premises | Class C misdemeanor | Up to 30 days, up to $50, or both |
| Aggressive panhandling | 39-17-313 | Soliciting by touching without consent, blocking a path, following, or threatening statements or gestures | Class C (first); Class B (second or later) | First: up to 30 days and $50; later: fine or up to 90 days, or both |
| Civil disorder training | 39-17-314 | Assembling to train in violent techniques with intent to use them in a civil disorder | Class D felony | 2 to 12 years; jury fine up to $5,000 |
| Posting a phone number or home address to cause harm (since July 1, 2025) | Title 39, ch. 17, pt. 3 (Public Chapter 522 (2025)) | Posting a person's phone number or home address online with intent to cause harm or a threat of harm | Class B misdemeanor; Class A if harm results | B: up to 6 months and $500; A: up to 11 months 29 days and $2,500 |
| False report to police | 39-16-502(a)(1), (2) | Initiating a report of an offense or incident knowing it is false, or a knowingly false statement to an officer with intent to obstruct | Class D felony | 2 to 12 years; jury fine up to $5,000 |
| False bomb, fire or emergency report | 39-16-502(a)(3) | Initiating or circulating a report of a bombing, fire or other emergency known to be false, knowing it will cause a response, fear or an interruption | Class C felony | 3 to 15 years; jury fine up to $10,000 |
| Threat of mass violence at a school (offenses on or after July 1, 2024) | 39-16-517(b) | Recklessly threatening mass violence on school property or at a school-related activity | Class E felony | 1 to 6 years; jury fine up to $3,000 |
| Failing to report a school threat of mass violence (since July 1, 2021; credible threats only from July 1, 2026) | 39-16-517(d) | Knowingly failing to report a known threat of mass violence at a school or school activity; from July 1, 2026, a known credible threat | Class B misdemeanor | Up to 6 months, up to $500, or both |
| Threatening mass violence (since July 1, 2025) | Title 39, ch. 13, pt. 8 (Public Chapter 522 (2025)) | Knowingly threatening mass violence when the threat causes another to reasonably expect it | Class E felony; Class D at a school, house of worship, government property or live event, with a prior conviction, or with a substantial step | E: 1 to 6 years, jury fine up to $3,000; D: 2 to 12 years, jury fine up to $5,000 |
| Criminal trespass | 39-14-405 | Entering or remaining on property without the owner's consent | Class C misdemeanor | Up to 30 days, up to $50, or both |
| Criminal trespass with a vehicle or bicycle (acts on or after July 1, 2026) | 39-14-405(g)(2) | Trespass involving driving or operating a motorized vehicle or bicycle | Class A misdemeanor | Mandatory $2,500 fine only, plus restitution; forfeiture of the vehicle or bicycle on a second or later violation |
| Trespass by motor vehicle in a business parking area | 39-14-407 | Driving or parking in a private business parking area after being asked or ordered to leave | Class C misdemeanor | No incarceration permitted |
| Aggravated criminal trespass | 39-14-406 | Entry without effective consent plus intent or recklessness about causing fear, breaking a barrier, or reckless damage | Class B misdemeanor; Class A in a habitation, hospital building, state property or school | B: up to 6 months and $500; A: up to 11 months 29 days and $2,500 |
| Aggravated criminal trespass, railroad or posted construction or utility site | 39-14-406(d), (e) | Railroad property or right-of-way with intent to harm property or a person; posted construction site or utility property with intent to steal, deface or tamper | Class A misdemeanor (railroad; construction site) | Up to 11 months 29 days, up to $2,500, or both |
| Aggravated criminal trespass at an official's home | 39-14-406(c)(3) | At the residence of an officer, service member, judge or official, with intent to harass because of that status | Class E felony | 1 to 6 years; jury fine up to $3,000 |
| Camping on public property | 39-14-414 | Camping on public property after an official warning (continuing, or returning within 24 hours) | Class E felony | 1 to 6 years; jury fine up to $3,000 |
| Camping on a state highway right-of-way or under an overpass | Public Chapter 986 (2022), Title 55, ch. 8 | Camping on a state or interstate highway shoulder or right-of-way, or under a bridge, overpass or underpass | Class C misdemeanor | $50 fine and 20 to 40 hours of community service only; warning citation for a first offense |
| Hunting on another's land without permission | 70-4-106(a) | Hunting, trapping or fishing on another's land without the owner's permission | Class C misdemeanor | Up to 30 days, up to $50, or both; court may revoke the license |
| Hunting on land posted for written permission only | 70-4-106(b) | Hunting game without written permission on land posted with approved Hunting By Written Permission Only signs | Class C misdemeanor | Up to 30 days, up to $50, or both; court may revoke the license |
| Cemetery offenses | 46-1-313 | Damaging cemetery property, hunting, games or lewd loitering in a cemetery, or interfering with a funeral procession | Class E felony | 1 to 6 years; jury fine up to $3,000 |
| Critical infrastructure vandalism | 39-14-411 | Knowingly interrupting, interfering with, destroying or injuring critical infrastructure, or rendering a provider's data, devices or networks unavailable without authorization; destroying or injuring a farm | Graded as theft; at least a Class E felony (under $1,000 in damages, and the farm form) or a Class C felony ($1,000 or more) | Class E: 1 to 6 years; Class C: 3 to 15 years, jury fine up to $10,000 |
| Burglary (non-habitation building) | 39-14-402(a)(1) | Entering a non-public building other than a habitation without consent, with intent to commit a felony, theft or assault | Class D felony | Class only (see the felony classes page) |
The misdemeanor ranges come from section 40-35-111(e), and each applies "unless otherwise provided by statute"; the Class E felony range is in section 40-35-111(b)(5): "not less than one (1) year nor more than six (6) years. In addition, the jury may assess a fine not to exceed three thousand dollars ($3,000), unless otherwise provided by statute." The Class D range (2 to 12 years, jury fine up to $5,000) and the Class C range (3 to 15 years, jury fine up to $10,000) are in 40-35-111(b)(4) and (b)(3). For the full table of Tennessee offense classes, including Class D felonies, see Tennessee felony and misdemeanor classes.

Recent changes
- Public Chapter 780 (2026), effective July 1, 2026: rewrote 39-16-517(d) so that the Class B misdemeanor of knowingly failing to report a threat of mass violence at a school or school-related activity, in place since Public Chapter 395 (2021), applies to credible threats, defined as a threat that causes another to reasonably expect the commission of an act of mass violence.
- Public Chapter 907 (2026), effective July 1, 2026: redefined "enter" in section 39-14-405(d) to include driving, parking or operating a motorized vehicle or bicycle, and made vehicle or bicycle trespass a Class A misdemeanor punishable only by a mandatory $2,500 fine plus restitution, with forfeiture on a second or later violation. It applies to acts committed on or after July 1, 2026.
- Public Chapter 522 (2025), effective July 1, 2025: created a general offense of threatening mass violence (Class E or Class D felony) and a misdemeanor for posting a person's phone number or home address online with intent to cause harm.
- Public Chapter 887 (2024), effective July 1, 2024: made a reckless threat of mass violence on school property or at a school-related activity a Class E felony under 39-16-517(b), for offenses on or after that date.
- Public Chapter 627 (2024), effective July 1, 2024: added rendering a critical infrastructure provider's or farm's electronic data, devices or networks unavailable to 39-14-411, for offenses on or after that date.
- Public Chapter 665 (2024), effective July 1, 2024: made remaining on a campground after the owner asks a person to leave for a listed reason criminal trespass under 39-14-405.
- Public Chapter 1009 (2024), effective July 1, 2024: created a civil procedure for removing unauthorized occupants of a dwelling and preserved arrest for trespass and other crimes; it added no new criminal trespass offense.
- Public Chapter 986 (2022), effective July 1, 2022: extended the felony camping offense in section 39-14-414 from state property to all public property and created the separate Class C highway right-of-way camping offense.
- Public Chapter 302 (2023), effective July 1, 2023: regraded critical infrastructure vandalism under 39-14-411, with a Class C felony floor when actual damages are $1,000 or more and a Class E floor below that.
- Public Chapter 440 (2021), effective July 1, 2021: rewrote aggravated riot in 39-17-303 to add out-of-state travel to commit a crime and paid participation, and set a 60-day mandatory minimum when two or more circumstances are present.
Federal law separately governs conduct on federal property and at the U.S. Capitol; our disorderly conduct and trespass laws by state guide covers that layer.
Related
- Disorderly conduct and trespass laws by state
- Tennessee noise laws
- Tennessee felony and misdemeanor classes
- Tennessee squatters' rights
- Tennessee self-defense laws
- Tennessee drone laws
- How to charge someone with trespassing
This article provides general legal information about Tennessee's disorderly conduct, public-order and criminal trespass statutes as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Tennessee.
Last updated: 2026-10-18.
Frequently Asked Questions
What is disorderly conduct in Tennessee?
Under Tenn. Code Ann. 39-17-305, it is fighting or violent or threatening behavior, refusing an official dispersal order near a fire, hazard or emergency, or creating a hazardous or physically offensive condition, in a public place with intent to cause public annoyance or alarm. Making unreasonable noise that prevents others from carrying on lawful activities also violates the section.
Is disorderly conduct a misdemeanor in Tennessee?
Yes. Section 39-17-305(c) makes it a Class C misdemeanor, punishable by up to 30 days, a fine of up to $50, or both under section 40-35-111(e)(3).
Can you get disorderly conduct for swearing in Tennessee?
Section 39-17-305 contains no clause about abusive or offensive language. Its forms are fighting or threatening behavior, refusing an emergency dispersal order and hazardous conditions, each in a public place with intent to cause public annoyance or alarm, plus unreasonable noise that prevents others from carrying on lawful activities.
Is public intoxication a crime in Tennessee?
Yes. Section 39-17-310 makes it a Class C misdemeanor to appear in a public place under the influence of a controlled substance or other intoxicating substance to the degree that the person may be endangered, others or property are endangered, or the person unreasonably annoys people nearby.
Is trespassing a felony in Tennessee?
Criminal trespass under 39-14-405 is a misdemeanor in every form. Aggravated criminal trespass is a Class E felony only at the home of an officer, service member, judge or official with intent to harass the person because of that status, and camping on public property after an official warning is a Class E felony under 39-14-414. The cemetery offenses in 46-1-313 and critical infrastructure vandalism under 39-14-411 are also felonies.
What is the fine for trespassing with a vehicle in Tennessee?
For acts on or after July 1, 2026, criminal trespass involving a motorized vehicle or bicycle is a Class A misdemeanor punishable only by a mandatory $2,500 fine, plus restitution, under 39-14-405(g)(2) as amended by Public Chapter 907 (2026). On a second or later violation the vehicle or bicycle is subject to forfeiture.
Does Tennessee have a purple paint law?
Yes. Under 39-14-405(c)(2), purple paint marks on trees or posts remove the statutory consent defense only if at least one sign at a major entrance says purple paint signifies no trespassing. Marks must be vertical lines at least 8 inches long and 1 inch wide, with the bottom 3 to 5 feet from the ground.
What happens if a store tells you to leave in Tennessee?
Consent to enter may be inferred for property open to the public, and one part of the statutory defense in 39-14-405(b) is that the person immediately left upon request. A person who keeps driving or parking in a private business parking area after being asked or ordered to leave commits a Class C misdemeanor with no incarceration permitted under 39-14-407.
Is squatting a crime in Tennessee?
Public Chapter 1009 (2024) created a civil removal procedure for unauthorized occupants of a dwelling rather than a new crime. It preserves an officer's authority to arrest an unlawful occupant for trespassing, vandalism, theft or other crimes.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Tennessee Code Annotated
§ 39-17-305Disorderly conduct.In forcecited in 2 of our articles
(a) A person commits an offense who, in a public place and with intent to cause public annoyance or alarm: (1) Engages in fighting or in violent or threatening behavior; (2) Refuses to obey an official order to disperse issued to maintain public safety in dangerous proximity to a fire, hazard or…
Official text (excerpt) · last checked 2021-05-21 · Read the full text in our law library
Also relied on in: Tennessee Noise Laws (2026): Quiet Hours, Car Stereos, Penalties
§ 39-14-405Criminal trespass.In forcecited in 3 of our articles
(a) A person commits criminal trespass if the person enters or remains on property, or any portion of property, without the consent of the owner. Consent may be inferred in the case of property that is used for commercial activity available to the general public or in the case of other property…
Official text (excerpt) · last checked 2021-05-21 · Read the full text in our law library
Cited in 53 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Mikie Ash (Court of Criminal Appeals of Tennessee 1999, 12 S.W.3d 800)“…(d) Criminal trespass is a Class C misdemeanor. Tenn. Code Ann. § 39-14-405. The trial court acknowledged that the…”
- State v. Hollingsworth (Court of Criminal Appeals of Tennessee 1996, 944 S.W.2d 625)“…the owner’s effective consent before entering the property. Tenn.Code Ann. § 39-14-405(a). The term “enter,” as used in the st…”
- State of Tennessee v. Sergei A. Novikov (Court of Criminal Appeals of Tennessee 2016)“…any portion of property, without the consent of the owner.” T.C.A. § 39-14-405(a). “It is a defense to prosecution” of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Tennessee Laws on Recording in Public: What You Can and Cannot Film, Tennessee Video Recording Laws: What Is Legal and What Is Not
§ 39-14-406Aggravated criminal trespass.In force
(a) A person commits aggravated criminal trespass who enters or remains on property when: (1) The person knows the person does not have the property owner's effective consent to do so;…
Official text (excerpt) · last checked 2021-05-21 · Read the full text in our law library
§ 39-14-414Equal Access to Public Property Act of 2012 — Protection of state property.In force
(a) This section shall be known and may be cited as the “Equal Access to Public Property Act of 2012.” (b) As used in this section, “camping” means: (1) Any of the following at any time between ten o'clock p.m. (10:00 p.m.) and seven o'clock a.m.…
Official text (excerpt) · last checked 2021-05-21 · Read the full text in our law library
§ 39-17-310Public intoxication.In force
(a) A person commits the offense of public intoxication who appears in a public place under the influence of a controlled substance, controlled substance analogue or any other intoxicating substance to the degree that: (1) The offender may be endangered; (2) There is endangerment to other persons…
Official text (excerpt) · last checked 2021-05-21 · Read the full text in our law library
§ 39-17-302Riot.In force
(a) A person commits an offense who knowingly participates in a riot. (b) A violation of this section is a Class A misdemeanor. In any sentence imposed for a violation of this section, the court shall include a mandatory minimum sentence of thirty (30) days of incarceration and an order of…
Official text (excerpt) · last checked 2021-05-21 · Read the full text in our law library
§ 39-17-307Obstructing highway or other passageway.In force
(a) A person commits an offense who, without legal privilege, intentionally, knowingly or recklessly: (1) Obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, or hallway to which the public, or a substantial portion of the public, has access;…
Official text (excerpt) · last checked 2021-05-21 · Read the full text in our law library
§ 40-35-111Authorized terms of imprisonment and fines for felonies and misdemeanors.In forcecited in 13 of our articles
(a) A sentence for a felony is a determinate sentence. (b) The authorized terms of imprisonment and fines for felonies are: (1) Class A felony, not less than fifteen (15) nor more than sixty (60) years.…
Official text (excerpt) · last checked 2021-05-21 · Read the full text in our law library
Cited in 257 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Moss (Tennessee Supreme Court 1986, 727 S.W.2d 229)“…nooga “to gratify [his] desire for pleasure or excitement,” T.C.A. § 40-35-111(7), and thus we decline to apply this f…”
- State v. Butler (Court of Criminal Appeals of Tennessee 1994, 900 S.W.2d 305)“…led 1989) and Tenn.Code Ann. § 40-35-114(1) (1990). . Tenn.Code Ann. § 40-35-111(4) (1982) (repealed 1989) and Tenn.Code…”
- State v. Rhoden (Court of Criminal Appeals of Tennessee 1987, 739 S.W.2d 6)“…as a previous history of criminal convictions and behavior. T.C.A. § 40-35-111(1). The appellant has been convicted of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Tennessee Ring Doorbell Laws: What You Need to Know in 2026, Tennessee Surveillance Camera Laws (2026 Guide), Tennessee Smart Glasses Recording Laws 2026
§ 70-4-106Permission of owner of land to take wildlife or big game required — Penalty for violations.In force
(a)(1) It is unlawful for any person to hunt, take, chase, trap or kill any wild animal, wild bird, wild fowl or fish, upon the land of another without having first obtained the permission or approval of the owners of the land, or of the person or persons in charge of the land and having authority…
Official text (excerpt) · last checked 2021-05-21 · Read the full text in our law library
§ 39-14-407Trespass by motor vehicle.In force
(a) Any person who drives, parks, stands, or otherwise operates a motor vehicle on, through or within a parking area, driving area or roadway located on privately owned property which is provided for use by patrons, customers or employees of business establishments upon that property, or adjoining…
Official text (excerpt) · last checked 2021-05-21 · Read the full text in our law library
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Sources and References
- Tennessee Code Annotated, official free public access portal (search T.C.A. 39-17-301 to 39-17-317, 39-16-502, 39-16-517, 39-14-401, 39-14-402, 39-14-405, 39-14-406, 39-14-407, 39-14-411, 39-14-414, 40-35-111, 46-1-313, 70-4-106)(www.lexisnexis.com)
- Tennessee Public Chapter 907 (2026), amending T.C.A. 39-14-405(d) and (g) (criminal trespass with a motorized vehicle or bicycle)(publications.tnsosfiles.com).gov
- Tennessee Public Chapter 986 (2022), amending T.C.A. 39-14-414 and adding a highway right-of-way camping offense(publications.tnsosfiles.com).gov
- Tennessee Public Chapter 1009 (2024), removal of unauthorized occupants of a dwelling(publications.tnsosfiles.com).gov
- Tennessee Public Chapter 440 (2021), aggravated riot (T.C.A. 39-17-303)(publications.tnsosfiles.com).gov
- Tennessee Public Chapter 302 (2023), critical infrastructure vandalism grading (T.C.A. 39-14-411)(publications.tnsosfiles.com).gov
- Tennessee Public Chapter 627 (2024), critical infrastructure data offense (T.C.A. 39-14-411)(publications.tnsosfiles.com).gov
- Tennessee Public Chapter 887 (2024), threats of mass violence at school (T.C.A. 39-16-517)(publications.tnsosfiles.com).gov
- Tennessee Public Chapter 665 (2024), campgrounds and criminal trespass(publications.tnsosfiles.com).gov
- Tennessee Public Chapter 522 (2025), threatening mass violence; posting personal information(publications.tnsosfiles.com).gov
- Tennessee Public Chapter 780 (2026), failure to report a credible school threat (T.C.A. 39-16-517(d))(publications.tnsosfiles.com).gov
- Tennessee Public Chapter 395 (2021): failure to report a threat of mass violence on school property, Tenn. Code 39-16-517(publications.tnsosfiles.com)
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