Tennessee
Tennessee Surveillance Camera Laws (2026 Guide)
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 16, 2026. · 3 primary sources cited on this page. How we verify our legal content
Tennessee permits surveillance cameras on your own property as long as they avoid areas where people have a reasonable expectation of privacy. For audio, Tennessee follows a one-party consent rule under TCA 39-13-601, meaning at least one participant in a conversation must consent before you can record it.
Overview of Tennessee Surveillance Camera Laws
Tennessee does not have a single comprehensive surveillance camera statute. Instead, several laws work together to regulate where and how cameras can be used throughout the state. The key statutes include TCA 39-13-607 (observation without consent), TCA 39-13-605 (unlawful photography), and TCA 39-13-601 (wiretapping and electronic surveillance). Tennessee's former civil-action statute for unlawful interception, TCA 39-13-603, was repealed effective May 28, 2024 by 2024 Tenn. Pub. Ch. 1045 (SB 2221, § 3).
The central principle across all of these laws is the concept of a "reasonable expectation of privacy." Surveillance cameras are generally legal in Tennessee when used in areas where people do not expect privacy, such as public streets, front yards, and common areas of businesses. Recording crosses the line into illegal activity when cameras are placed to capture images or audio in spaces where people reasonably expect to be free from observation, such as bathrooms, bedrooms, and dressing areas.
Understanding these laws is essential for homeowners installing security systems, employers setting up workplace monitoring, and anyone who wants to protect their own privacy rights.
Home Security Camera Laws in Tennessee
Tennessee law permits homeowners to install security cameras on their own property for purposes such as deterring crime, monitoring deliveries, and keeping an eye on their home while away. There is no state law requiring homeowners to register security cameras or obtain a permit before installation.
Where You Can Place Home Security Cameras
You can legally place cameras in the following areas of your property:
- Front door and porch areas for monitoring visitors and package deliveries
- Driveways and garages to record vehicle activity
- Backyards to monitor your own property
- Common living areas inside your home, such as living rooms and kitchens
- Exterior walls aimed at your own property boundaries
Where You Cannot Place Home Security Cameras
Cameras carry the most legal risk when they are positioned to record areas where people have a reasonable expectation of privacy:
- Bathrooms and restrooms in your home where guests or residents expect privacy
- Guest bedrooms where visitors are staying
- Pointed directly into a neighbor's windows or interior living spaces
- Any area where someone is undressing or engaged in private activities
Under TCA 39-13-607, it is an offense to knowingly spy upon, observe, or otherwise view an individual in a place where there is a reasonable expectation of privacy without their prior effective consent, if the viewing would offend or embarrass an ordinary person and was for the purpose of sexual arousal or gratification of the defendant. It is not a defense that the defendant was lawfully on the premises where the offense occurred. Because of that sexual-purpose element, an ordinary non-voyeuristic camera in one of the rooms listed above is generally not a crime under this section. It can still support a civil invasion of privacy claim, and it can create separate problems for a landlord or an employer.
Ring Doorbells and Smart Cameras
Video doorbells and smart security cameras like Ring, Nest, and Arlo are legal in Tennessee. These devices typically record your own porch and the public sidewalk or street in front of your home. Since these areas are in public view, there is no reasonable expectation of privacy, and recording is permitted.
However, if a doorbell camera captures a wide angle that includes a neighbor's interior spaces through their windows, this could raise privacy concerns under Tennessee law. Position your smart cameras to focus primarily on your own property and public areas.
Audio Recording on Home Security Cameras
Many modern security cameras include microphone capabilities. In Tennessee, audio recording is governed separately from video recording under TCA 39-13-601. Tennessee follows a one-party consent rule, meaning you can record a conversation if you are a participant or if one party to the conversation has given prior consent.
For outdoor security cameras that capture conversations of people passing by, be aware that if you are not a party to the conversation and no participant has consented, recording the audio could violate Tennessee's wiretapping statute. The safest approach for outdoor cameras is to either disable audio recording or post clear signage indicating that audio and video recording is in progress, which establishes implied consent from anyone who enters the area.
Nanny Cams and Hidden Cameras in Tennessee
Legal Use of Nanny Cams
Nanny cams are legal in Tennessee when placed in common areas of your home such as living rooms, kitchens, playrooms, and hallways. Parents have a legitimate interest in monitoring the care their children receive, and Tennessee law does not prohibit video-only surveillance in spaces where there is no reasonable expectation of privacy.
Restrictions on Nanny Cam Placement
You cannot place nanny cams in the following locations:
- Bathrooms used by the caregiver
- Bedrooms designated for the caregiver's use, such as a live-in nanny's private room
- Any changing area where the caregiver would expect privacy
Audio Recording with Nanny Cams
If your nanny cam records audio, you must consider Tennessee's one-party consent law under TCA 39-13-601. Since you will likely not be present during many of the recorded conversations, you would not be a party to those conversations. The safest legal approach is to inform the caregiver that audio and video recording is taking place. This notification serves as the caregiver's implied consent and protects you from potential wiretapping claims.
Hidden Camera Restrictions
While Tennessee does not have a blanket ban on hidden cameras in private residences, using a hidden camera for voyeuristic purposes is illegal under TCA 39-13-607. Additionally, TCA 39-13-605 was rewritten by 2025 Public Chapter 474, effective July 1, 2025 and applying to acts committed on or after that date. Under subsection (a)(1), it is unlawful to knowingly photograph an individual who has a reasonable expectation of privacy, without prior effective consent, if the photograph either would offend or embarrass an ordinary person and was taken for the purpose of sexual arousal or gratification, or includes the unclothed intimate area of the individual or the individual engaged in sexual activity as defined in TCA 39-17-1002 and the person knew the photograph would include that content. That second branch has no sexual-purpose element.
Subsection (a)(3) covers a photograph focused on the intimate area of an individual that would be considered offensive or embarrassing and was taken for sexual arousal or gratification. It does not require that the individual be in a place carrying a reasonable expectation of privacy. Subsection (a)(2) covers a photograph that includes an unclothed intimate area, was taken to offend, intimidate, embarrass, ridicule, or harass the victim, and was disseminated or threatened to be disseminated. Under TCA 39-13-605(b)(2), a person has a reasonable expectation of privacy regardless of location when the photograph is taken in a manner that would offend or embarrass a reasonable person and depicts areas of the body that would not be visible to ordinary observation but for that manner of photography.
Workplace Surveillance Camera Laws in Tennessee
Employer Rights to Install Cameras
Tennessee does not have a specific state statute governing workplace video surveillance. Employers may generally install video cameras in common work areas to protect against theft, ensure safety, and monitor productivity. Acceptable camera locations typically include:
- Lobbies and reception areas
- Hallways and corridors
- Production floors and warehouses
- Parking lots and loading docks
- Retail sales floors
Prohibited Camera Locations at Work
Employers cannot place cameras in areas where employees have a reasonable expectation of privacy. These locations include:
- Restrooms and bathrooms
- Locker rooms and changing areas
- Break rooms that are used for personal activities such as nursing or changing clothes
- Private offices where employees have a clearly established expectation of privacy
Recording in these areas could expose employers to criminal charges under TCA 39-13-607 (observation without consent) and civil liability for invasion of privacy.
Employee Notification
While Tennessee does not have a specific law requiring employers to notify employees about workplace cameras, best practices and federal guidelines strongly recommend providing clear notice. Many Tennessee employers include surveillance policies in employee handbooks and post visible signage near camera locations. Transparent notification reduces legal risk and can serve as a defense against invasion of privacy claims.
Audio Recording in the Workplace
If workplace cameras record audio, employers must comply with Tennessee's one-party consent law. Since employers are typically not participants in the conversations being recorded, they should either disable audio recording features or obtain written consent from employees acknowledging that audio recording takes place in monitored areas.
Neighbor Disputes Over Security Cameras
When a Neighbor's Camera is Legal
Your neighbor's security camera is generally legal if it is positioned to record their own property and public areas such as streets and sidewalks. Even if your home or yard appears in the background of their camera's view, this is typically not considered a violation of Tennessee law as long as the camera is not deliberately aimed to look inside your home.
Tennessee courts generally hold that areas visible from a public vantage point, including front yards, driveways, and the exteriors of homes, do not carry a reasonable expectation of privacy.
When a Neighbor's Camera May Be Illegal
A neighbor's camera may cross the line into illegal surveillance if it is:
- Deliberately aimed to look inside your windows or capture the interior of your home
- Positioned to record a fully fenced backyard where you have a reasonable expectation of privacy
- Used as part of a pattern of harassment or stalking in violation of TCA 39-17-315
- Recording audio of your private conversations without the consent of any party to the conversation
Steps You Can Take
If you believe a neighbor's camera is violating your privacy, you can:
- Talk to your neighbor and ask them to adjust the camera angle
- Document the situation by photographing the camera placement and recording what it captures
- Contact local law enforcement if you believe the camera violates Tennessee privacy laws
- Consult an attorney about filing a civil invasion of privacy claim
- Install privacy fencing or landscaping to block the camera's view of your private areas
HOA Rules and Local Ordinances
If you live in a neighborhood governed by a homeowners association (HOA), the HOA's governing documents may include rules about camera placement, visibility, and aesthetics. Some HOAs restrict exterior cameras or require prior approval before installation. Check your HOA's covenants, conditions, and restrictions (CC&Rs) before installing cameras.
Individual cities and counties in Tennessee may also have local ordinances that address camera placement, especially in historic districts or areas with specific zoning requirements.
Audio Recording Laws in Tennessee
One-Party Consent Rule
Tennessee follows the one-party consent rule under TCA 39-13-601. This means it is lawful for a person to intercept a wire, oral, or electronic communication if the person is a party to the communication or if one of the parties has given prior consent to the interception. The recording must not be made for the purpose of committing any criminal or tortious act.
What This Means for Security Cameras
For home and business security cameras that capture audio:
- If you are present and part of the conversation, you can legally record it
- If someone on your property is having a conversation and you are not a party to it, recording the audio without any party's consent may violate the law
- Posting visible signage that states "Audio and Video Recording in Progress" helps establish implied consent from anyone who enters the area
- Outdoor cameras near public areas may capture ambient conversations, but purposefully intercepting private conversations is illegal
Exceptions to Consent Requirements
Tennessee law provides an exception for non-electronic communications where the speaker does not have a reasonable expectation of privacy. Conversations held in public places, in loud voices, or in circumstances where others can obviously overhear them are not protected by the wiretapping statute.
Penalties for Illegal Surveillance in Tennessee
Criminal Penalties
Tennessee imposes varying penalties depending on the type of surveillance violation:
| Offense | Statute | Classification | Maximum Jail Time | Maximum Fine |
|---|---|---|---|---|
| Observation without consent | TCA 39-13-607 | Class A Misdemeanor | 11 months 29 days | $2,500 |
| Observation without consent (victim under 13) | TCA 39-13-607 | Class E Felony | 6 years | $3,000 |
| Unlawful photography (subsection a2, first offense) | TCA 39-13-605 | Class B Misdemeanor | 6 months | $500 |
| Unlawful photography (subsection a2, subsequent offense) | TCA 39-13-605 | Class A Misdemeanor | 11 months 29 days | $2,500 |
| Unlawful photography (subsection a1 or a3, base offense) | TCA 39-13-605 | Class E Felony | 6 years | $3,000 |
| Unlawful photography (subsection a1 or a3, with dissemination, victim under 13, or minor used to facilitate) | TCA 39-13-605 | Class D Felony | 12 years | $5,000 |
| Unlawful photography (subsection a1 or a3, with dissemination and (victim under 13 or position of trust)) | TCA 39-13-605 | Class C Felony | 15 years | $10,000 |
| Illegal wiretapping | TCA 39-13-601/602 | Class D Felony | 12 years | $5,000 |
Sex Offender Registration
For violations of TCA 39-13-605(a)(1) or (a)(3) (unlawful photography), the trial judge shall order the defendant to register as a sexual offender under the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004. This registration requirement became mandatory (rather than discretionary) effective July 1, 2025, under 2025 Public Chapter 474.
Civil Remedies
Tennessee repealed its state civil-action statute for unlawful interception, former TCA 39-13-603, effective May 28, 2024, under 2024 Tenn. Pub. Ch. 1045 (SB 2221, § 3). A victim no longer has a standalone Tennessee civil claim for wiretapping or unlawful interception under state law.
Federal law still provides a civil remedy. Under 18 U.S.C. § 2520, a person whose communication is intercepted in violation of the federal Wiretap Act (18 U.S.C. § 2511) may sue in federal court for actual damages, statutory damages of $100 per day of violation or $10,000 (whichever is greater), and reasonable attorney fees. Criminal penalties for illegal wiretapping under Tennessee law are unchanged and remain listed in the table above.
Tennessee added a separate civil protective remedy in 2025. Under the Voyeurism Victims Act (2025 Tenn. Pub. Ch. 62, SB 335 / HB 602), a person who is the victim of observation without consent under TCA 39-13-607 or unlawful photography under TCA 39-13-605 may file a sworn petition for an order of protection under TCA 36-3-602. That process was previously open only to victims of domestic abuse, stalking, sexual exploitation of a minor, sexual assault, and human trafficking. The act made matching changes to TCA 36-3-601, 36-3-605(b), 36-3-606(a), 36-3-613(a), and 36-3-617, and those sections took effect when the act became law in March 2025.
The same act added TCA 39-13-605(g), effective July 1, 2025, which tolls the statute of limitations for unlawful photography for any period during which the defendant conceals the crime, until the victim discovers it. For hidden-camera and neighbor-camera situations, the order of protection is frequently the most direct civil option, because it does not depend on the repealed state interception claim.
Alarm System Contractor Licensing
Professional installation of security camera systems in Tennessee may fall under the jurisdiction of the Tennessee Alarm Systems Contractors Board. Under TCA Title 62, Chapter 32, companies that install CCTV or surveillance camera systems may need to obtain proper licensing, including a CCTV classification. Licensed contractors must maintain a permanent place of business, carry required insurance, and employ a Designated Qualifying Agent licensed by the Board.
Homeowners installing their own cameras are not required to obtain a contractor license. This licensing requirement applies to businesses that offer installation services to the public.
Related Tennessee Camera and Privacy Laws
- Tennessee Recording Laws covers the consent rule that governs camera audio in Tennessee.
- Tennessee Security Camera Recording Rules explains the recording-law side of camera use.
- Tennessee Biometric Privacy Laws addresses facial recognition and biometric data.
- Tennessee Ring Doorbell Laws covers video doorbell rules in Tennessee.
Common Camera Questions
These national guides answer the most common surveillance camera questions:
- HOA Security Camera Rules
- Neighbor Security Camera Laws
- Nanny Cam Laws
- Workplace Surveillance Camera Laws
- Landlord Security Camera Laws
Frequently Asked Questions
Can I put security cameras inside my own home in Tennessee?
Yes, you can install security cameras in common areas of your home such as living rooms, kitchens, hallways, and entryways. However, you cannot place cameras in bathrooms, guest bedrooms, or any area where others have a reasonable expectation of privacy. Under TCA 39-13-607, secretly observing someone in a private area is a Class A misdemeanor, or a Class E felony if the victim is under 13 years old.
Can my neighbor legally point a security camera at my house in Tennessee?
It depends on what the camera captures. A neighbor's camera may legally record their own property and public areas like sidewalks and streets, even if your home appears in the background. However, if the camera is deliberately aimed to look inside your windows or into a fully fenced backyard where you have a reasonable expectation of privacy, it could violate Tennessee's observation without consent law under TCA 39-13-607. You can ask the neighbor to adjust the camera angle, [file a police report](/us-laws/police-reports/how-to-file-a-police-report) if you believe the recording is illegal, or consult an attorney about a civil invasion of privacy claim.
Is it legal to use a nanny cam in Tennessee?
Yes, you can use a nanny cam in common areas of your home such as living rooms, kitchens, and playrooms. Cameras cannot be placed in bathrooms or private bedrooms designated for the caregiver's use. If the nanny cam records audio, you must comply with the one-party consent rule under TCA 39-13-601. Since you may not be present during recorded conversations, the safest approach is to inform the caregiver about both audio and video recording to establish their implied consent.
Can my employer record me at work with security cameras in Tennessee?
Tennessee does not have a specific law addressing workplace video surveillance. Employers may generally install video cameras in common work areas such as lobbies, hallways, production floors, and parking lots. Cameras are prohibited in restrooms, changing areas, and other spaces where employees have a reasonable expectation of privacy. If workplace cameras record audio, employers must comply with TCA 39-13-601, which requires at least one party to a conversation to consent to the recording.
What are the penalties for illegal surveillance in Tennessee?
Penalties depend on the specific violation. Observation without consent under TCA 39-13-607 is a Class A misdemeanor carrying up to 11 months and 29 days in jail and a $2,500 fine. If the victim is under 13, it becomes a Class E felony with up to 6 years in prison. Illegal wiretapping under TCA 39-13-601 is a Class D felony punishable by 2 to 12 years in prison and a fine up to $5,000. Tennessee repealed the state civil lawsuit option for interception victims effective May 28, 2024, but victims may still be able to sue under the federal Wiretap Act (18 U.S.C. § 2520) for actual damages, statutory damages of $100 per day or $10,000 (whichever is greater), and attorney fees. Victims of observation without consent or unlawful photography can separately petition for a civil order of protection under TCA 36-3-602, added by the 2025 Voyeurism Victims Act.
Updates
Added Tennessee's 2025 Voyeurism Victims Act, which lets victims of observation without consent or unlawful photography seek a civil order of protection, updated the hidden-camera section to the current text of TCA 39-13-605, and clarified that the criminal statutes require a voyeuristic purpose rather than banning every camera in a private area.
Updated the unlawful photography penalty section to reflect Tennessee's 2025 law change (Public Chapter 474, effective July 1, 2025), which reclassified the offense from a misdemeanor-based structure to a felony ladder (Class E base, rising to Class D or C) and made sex-offender registration mandatory for the covered offenses.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Governing law re-checked for recent changes
Corrected this page to reflect that Tennessee repealed its state civil lawsuit statute for wiretapping/interception victims (former TCA 39-13-603) effective May 28, 2024; criminal penalties are unchanged, and a federal civil remedy may still be available under 18 U.S.C. 2520.
Reviewed and approved by an editor
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
§ 39-13-607Observation without consent.In forcecited in 7 of our articles
(a) It is an offense for a person to knowingly spy upon, observe or otherwise view an individual, when the individual is in a place where there is a reasonable expectation of privacy, without the prior effective consent of the individual, if the viewing: (1) Would offend or embarrass an ordinary…
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Tennessee courts treat the defendant's own purpose of sexual arousal or gratification as an element. State of Tennessee v. Thomas Whited (2016) described that element in contrasting the statute with child-exploitation offenses, and State of Tennessee v. Ezekiel Abraham Schmaltz (2025) allowed proof of it by circumstantial evidence.
Opinions citing this section in our collection:
- State of Tennessee v. Thomas Whited (Tennessee Supreme Court 2016, 506 S.W.3d 416)✓A father secretly recorded his 12-year-old daughter and her friend undressing. The court reversed his child-exploitation convictions; his unappealed Section 39-13-607 convictions stood, and it read that statute as expressly requiring the defendant's own sexual-arousal purpose.
- State of Tennessee v. Ezekiel Abraham Schmaltz (Court of Criminal Appeals of Tennessee 2025)✓An uncle repeatedly pulled down a sleeping 11-year-old niece's pants and shone a phone flashlight at her exposed underwear; the court held that circumstantial evidence sufficed to prove the sexual-arousal purpose element of Section 39-13-607, but ordered the two counts merged.
- State of Tennessee v. David Allen Donton, Jr. (Court of Criminal Appeals of Tennessee 2022)✓A man peered over a restroom stall at an 8-year-old girl in a Dollar General and pleaded guilty under Section 39-13-607; on appeal the court noted the statute's sexual-arousal purpose is an element that cannot double as enhancement factor (7), yet affirmed his confinement.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Tennessee Smart Glasses Recording Laws 2026, Tennessee Security Camera Laws: Home, Business, and HOA Rules, Tennessee Video Recording Laws: What Is Legal and What Is Not
§ 39-13-605Unlawful photographing in violation of privacy.In forcecited in 12 of our articles
(a) It is an offense for a person to knowingly photograph, or cause to be photographed an individual, when the individual has a reasonable expectation of privacy, without the prior effective consent of the individual, or in the case of a minor, without the prior effective consent of the minor's…
Official text (excerpt) · last checked 2021-05-21 · Read the full text in our law library
Cited in 14 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):State of Tennessee v. David Eric Lambert (2020) reversed a conviction under the pre-2018 version of section 39-13-605 because a fully clothed shopper in public had no reasonable expectation of privacy. State of Tennessee v. Brandon Robert Vandenburg (2019) rejected a vagueness challenge to the same element.
Opinions citing this section in our collection:
- State of Tennessee v. Thomas Whited (Tennessee Supreme Court 2016, 506 S.W.3d 416)✓A father hid a phone to video his twelve-year-old daughter and her friend undressing; the court noted the evidence would have supported unlawful photography under section 39-13-605, but charges were dropped because the statute excepts photographing a minor with parental consent.
- State of Tennessee v. David Eric Lambert (Court of Criminal Appeals of Tennessee 2020)✓A man followed a fully clothed woman through a Walmart and aimed his phone at her, but no image was ever found; the court held section 39-13-605 was not satisfied because she had no reasonable expectation of privacy and no photograph existed to judge, and reversed the conviction.
- State of Tennessee v. Brandon Robert Vandenburg (Court of Criminal Appeals of Tennessee 2019)✓A student photographed and filmed an unconscious, intoxicated woman as she was sexually assaulted in his dorm, then sent the files to a friend; the court upheld his felony conviction under section 39-13-605 and rejected his claim that the statute was unconstitutionally vague.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Tennessee Recording Laws (2026): One-Party Consent Rules, Tennessee Landlord-Tenant Recording Laws: Rights and Restrictions, Tennessee School Recording Laws: Student, Parent, and Teacher Rights
§ 39-13-601Wiretapping and electronic surveillance — Prohibited acts — Exceptions.In forcecited in 20 of our articles
(a)(1) Except as otherwise specifically provided in §§ 39-13-601 — [former] 39-13-603 [repealed] and title 40, chapter 6, part 3, a person commits an offense who: (A) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at publications.tnsosfiles.com
Cited in 25 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Lawrence v. Lawrence held a parent may vicariously consent under Section 39-13-601 to recording a 2 1/2-year-old child's phone call with the other parent. State of Tennessee v. Henry Floyd Sanders noted that a body-wire recording made with one party's consent is lawful under the section's exceptions.
Opinions citing this section in our collection:
- Lawrence v. Lawrence (Court of Appeals of Tennessee 2010, 360 S.W.3d 416)“…called upon to construe the term “consent” as it is used in Tenn. Code Ann. § 39-13-601 to determine whether Mother had an “unr…”
- Harold Dean McDaniel v. Kimberly Ruth McDaniel (Court of Appeals of Tennessee 2010)“…ourt: I have had an opportunity to look at T.C.A. 39-13-601(a)(1), (A) and (B), and…”
- State of Tennessee v. Henry Floyd Sanders (Tennessee Supreme Court 2014, 452 S.W.3d 300)✓Police recorded a front yard conversation in which a man admitted touching his ex-partner's daughter; the court upheld admission of the recording as a voluntary statement to a confidante and noted that this type of recording is sanctioned as lawful by 39-13-601(b)(4)-(5).
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: US Recording Laws by State (2026): All 50 States Explained, Tennessee Audio Recording Laws: One-Party Consent Rules and Penalties, Tennessee Dashcam Laws: Legality, Mounting Rules, and Evidence Use
§ 39-17-315Stalking, aggravated stalking, and especially aggravated stalking.In forcecited in 3 of our articles
(a) As used in this section, unless the context otherwise requires: (1) “Course of conduct” means a pattern of conduct composed of a series of two (2) or more separate, noncontinuous acts evidencing a continuity of purpose, including, but not limited to, acts in which the defendant directly,…
Official text (excerpt) · last checked 2021-05-21 · Read the full text in our law library
Cited in 54 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Shayla Nicole Purifoy v. Devine Mafa (Court of Appeals of Tennessee 2017, 556 S.W.3d 170)“…rightened, intimidated, threatened, harassed, or molested.” Tenn. Code Ann. § 39-17-315(a)(4).16 At the time of the acts and pr…”
- State of Tennessee v. Christopher Michael Vigil (Court of Criminal Appeals of Tennessee 2001, 65 S.W.3d 26)“…fear of being assaulted, suffering bodily injury or death.” Tenn. Code Ann. § 39-17-315(a)(1). Further, (A) “Follows” m…”
- State of Tennessee v. Bradley J. Cooper (Court of Criminal Appeals of Tennessee 2026)“…v. Vigil, 65 S.W.3d 26, 35 (Tenn. Crim. App. 2001) (citing T.C.A. § 39-17-315(a)(2)(C)) (emphasis in original). Becau…”
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 Restraining Order Laws (2026): How to Get an Order of Protection
§ 40-35-111Authorized terms of imprisonment and fines for felonies and misdemeanors.In forcecited in 14 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 Age of Consent Laws: Statutes, Penalties and Reporting, Tennessee Assault Laws: Simple vs Aggravated Assault and Penalties, Tennessee Disorderly Conduct and Trespass Laws: Penalties (2026)
§ 39-13-603Civil actions — Injunctive relief — Damages — Defenses — Limitation of actions.Repealedcited in 13 of our articles
(a) Except as provided in § 39-13-601(b)(4), any aggrieved person whose wire, oral or electronic communication is intentionally intercepted, disclosed, or used in violation of § 39-13-601 or title 40, chapter 6, part 3 may in a civil action recover from the person or entity that engaged in that…
Official text (excerpt) · last checked 2026-08-06 · Read the full text in our law library · Verify at publications.tnsosfiles.com
Cited in 8 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- Robinson v. Fulliton (Court of Appeals of Tennessee 2003, 140 S.W.3d 312)“…il damages provision of the Tennessee wiretapping statutes, Tenn. Code Ann. § 39-13-603. The trial court, sitting without a jur…”
- Montgomery v. Montgomery (Court of Appeals of Tennessee 2005, 181 S.W.3d 720)“…0), whichever is greater” plus attorney fees and costs. See Tenn. Code Ann. § 39-13-603(a)(1). On appeal, Defendant argues that…”
- State of Tennessee v. William Keith Paulson, alias (Court of Criminal Appeals of Tennessee 2009)“…ted.” Violation of subsection (a) is a Class A misdemeanor. T.C.A. § 39-13-603(a)(3). As previously noted, subsection…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Tennessee Medical Recording Laws: Patient Rights and Provider Rules, Tennessee Phone Call Recording Laws: One-Party Consent Rules, Tennessee Voyeurism and Hidden Camera Laws: Statutes and Penalties
United States Code Title 18
§ 2511Interception and disclosure of wire, oral, or electronic communications prohibitedIn forcecited in 441 of our articles
Except as otherwise specifically provided in this chapter any person who— intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication; intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when— such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or such device transmits communications by radio, or interferes with the transmission of such communication; or such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign…
Official text (excerpt) · last checked 2026-09-17 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 2,045 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Griggs-Ryan v. Smith (1990) applied the Section 2511(2)(d) prior-consent exception, treating a tenant repeatedly told that all incoming calls were taped as having impliedly consented. United States v. United States District Court (1972) read the then-current Section 2511(3) as conferring no presidential surveillance power.
Opinions citing this section in our collection:
- Mitchell v. Forsyth (Supreme Court of the United States 1985, 472 U.S. 511)✓The Attorney General authorized a warrantless 1970 national security wiretap that caught the plaintiff's calls; the Court held the since-repealed Section 2511(3) disclaimer left the tap lawful under Title III, and that Mitchell had qualified immunity.
- United States v. United States District Court for the Eastern District of Michigan (Supreme Court of the United States 1972, 407 U.S. 297)✓The Attorney General approved warrantless wiretaps on members of a domestic group accused of bombing a CIA office; the Court read Section 2511(3) as a congressional disclaimer conferring no surveillance power, then held the Fourth Amendment required prior judicial approval.
- Forsyth v. Barr (Court of Appeals for the Fifth Circuit 1994, 19 F.3d 1527)✓Dallas police used, in an internal affairs probe of an officer, calls private parties allegedly intercepted illegally; assuming that was unlawful, the Fifth Circuit held Section 2517(1) and (2) allowed the disclosure and use, defeating the Section 2511(1)(c) and (d) claims.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can an Employer Record Conversations Without Consent? (2026), Can I Record My Boss Harassing Me? State-by-State Legal Guide (2026), Can I Sue Someone for Recording Me on Private or Public Property?
§ 2520Recovery of civil damages authorizedIn forcecited in 130 of our articles
Except as provided in section 2511(2)(a)(ii), any person whose wire, oral, or electronic communication is intercepted, disclosed, or intentionally used in violation of this chapter may in a civil action recover from the person or entity, other than the United States, which engaged in that violation such relief as may be appropriate. In an action under this section, appropriate relief includes— such preliminary and other equitable or declaratory relief as may be appropriate; damages under subsection (c) and punitive damages in appropriate cases; and a reasonable attorney’s fee and other litigation costs reasonably incurred.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 860 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Walker v. Darby (1990) held a 2520 plaintiff need not prove the contents of intercepted conversations, only interception and a justified expectation against it. Bartnicki v. Vopper (2001) barred 2520 damages against defendants who took no part in the interception, obtained the tape lawfully, and disclosed a matter of public concern.
Opinions citing this section in our collection:
- Jessie Walker v. Thomas E. Darby, Hugh L. Robinson, Jr., and Kenneth Day (Court of Appeals for the Eleventh Circuit 1990, 911 F.2d 1573)✓A postal letter carrier said three supervisors wired an intercom near his workstation to listen in. Reversing summary judgment, the Eleventh Circuit held a section 2520 plaintiff can show interception without proving the contents of specific conversations.
- Gelbard v. United States (Supreme Court of the United States 1972, 408 U.S. 41)“…disclosure, or use is entitled to recover civil damages, 18 U. S. C. § 2520 . Title III also bars the use as eviden…”
- DirecTV, Inc. v. Hoa Huynh (Court of Appeals for the Ninth Circuit 2007, 503 F.3d 847)“…7 U.S.C. § 605 (e)(4), or alternatively, for violations of 18 U.S.C. § 2520 (a), or alternatively, for violations o…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Wiretap Act and ECPA: The Complete Guide (2026), How to Detect and Block Listening Devices in Your Home (2026), Is It Illegal to Video Record Someone Without Their Consent? (2026)
Sources and References
- Tennessee Code 39-13-607: Observation Without Consent(law.justia.com)
- Tennessee 2025 Public Chapter 474 (HB 99): Unlawful Photography (amending TCA 39-13-605), effective July 1, 2025(publications.tnsosfiles.com).gov
- Tennessee Code 39-13-601: Wiretapping and Electronic Surveillance(law.justia.com)
- 2024 Tenn. Pub. Ch. 1045 (SB 2221), § 3 — repealed Tenn. Code Ann. § 39-13-603 (civil action for interception) effective May 28, 2024(publications.tnsosfiles.com).gov
- Tennessee Alarm Systems Contractors Board(tn.gov).gov
- Tennessee Code Title 62 Chapter 32: Alarm Contractors Licensing Act(law.justia.com)
- Tennessee Code 39-17-315: Stalking(law.justia.com)
- Reporters Committee for Freedom of the Press: Tennessee Recording Guide(rcfp.org)
- Tennessee Code 40-35-111: Authorized Terms of Imprisonment and Fines(law.justia.com)
- 2025 Tenn. Pub. Ch. 62 (SB 335 / HB 602), the Voyeurism Victims Act - order of protection for observation without consent and unlawful photography victims; adds TCA 39-13-605(g) tolling(publications.tnsosfiles.com)