What Is Criminal Trespass in Tennessee?

Under Tennessee law, trespass happens when a person enters or remains on private property or a portion of it without the owner’s consent. While express consent typically goes a long way, it is not mandatory; instead, it may be inferred from the nature of the property. In most cases, where the property is being used for commercial activity, consent is often implied.

However, when there are visible signs saying “no trespassing” or barriers indicating that entry is prohibited, access is deemed restricted, and consent is presumed to be absent. According to state laws, using purple paint to draw eight-inch-long and one-inch-wide vertical lines that are three to five feet above the ground counts as a valid “no trespass” sign.

How to Look Up Public Criminal Trespass Records in Tennessee

The Tennessee Bureau of Investigation provides access to criminal trespass for a fee. The procedure:

1. Visit Tennessee's official website to access public records.
2. Go to the background check page.
3. Submit an online request form for a background check. Name-based background checks cost $29, while fingerprint-based checks are $50 per check.
4. The background check results are provided electronically; hence, a valid email address is required.

Note: The background check results return a comprehensive criminal history of the individual across the state. However, minor offences or records that were not officially entered into the state’s criminal history register would not show up on a background check.

Additionally, search results may not include sealed or expunged records.

Types of Criminal Trespass Offenses

Under Tennessee law, trespass charges are classified as either criminal trespass or aggravated criminal trespass, and each of these types of crimes is governed by a statute.

Under the TCA 39-14-405, criminal trespass occurs when a person willfully remains or refuses to leave upon request. That type of criminal trespass is considered a class C misdemeanour and is punishable by a fine of $50 or 30 days in jail.

According to TCA 39-14-406, a person commits aggravated trespass when they enter or choose to remain on a property knowing their presence typically causes fear of harm or safety to another. A person may also be charged with aggravated trespass for destroying signs meant to prevent people from gaining entry.

Depending on the location, aggravated criminal trespass may be considered a class A or class B misdemeanor. Aggravated assault on state properties, places of habitation, campuses, hospitals, or within the facilities of a public place is considered a class A misdemeanor. Class A misdemeanors attract a sanction of up to 11 months in jail and a fine of up to $2,500, while class B misdemeanors attract up to 6 months in jail or a $500 fine.

Trespassing on protected facilities such as plants or pipelines escalates a simple trespass to a class E misdemeanor, which is considered a felony. Additionally, entering a protected facility with the intention to disrupt its operations or cause damage elevates the charge from simple trespass to a class E felony. Sanctions for felony charges include a fine of up to $3,000 and jail time of up to six years.

Penalties for Criminal Trespass in Tennessee

In Tennessee, the location, intent, and severity of a trespass activity play a crucial role in determining its penalty. Moreover, factors like trespassing at night, trespassing in restricted areas, returning to a location despite being warned, or armed trespass could attract additional charges.

Criminal trespass charges, often regarded as a class C misdemeanour, and attracting no more than $50 fines, may escalate to a class A misdemeanour (attracting up to $2,500 fine) or a class E felony leading to a $3,000 fine and a jail time of up to 6 years.

Can You Be Arrested for Criminal Trespass in Tennessee?

In most cases, criminal trespass is a jailable offense. Officers may make an arrest if an individual is found on property expected to keep intruders out, particularly where there are warnings reasonably likely to come to the person's attention. This includes posted signs or barricades indicating that entry was prohibited, or if the property owner presses trespass charges.

First-time offenders may be issued a summons instead of being arrested. However, aggravating factors such as refusal to leave, trespass at night, or armed trespass increase the likelihood of immediate arrest.

How Criminal Trespass Differs from Burglary or Breaking in Tennessee

Criminal trespass is often confused with similar crimes such as burglary and breaking and entering.

Burglary typically occurs when a person enters a building with the intent to commit a crime, especially theft. Entry is often discreet in a burglary.

Breaking and entering occurs when an individual forces their entry into a building or property by unlocking or breaking a lock with the intent to commit a crime.

In contrast, criminal trespass charges often imply that there was no intent to commit further crimes on the property.

Although Tennessee law does not consider breaking in a separate charge, it is considered a constituting factor in burglary.

Can a Criminal Trespass Charge Be Dismissed or Reduced in Tennessee?

Depending on the circumstances of the case, criminal trespass charges may be dismissed or reduced through plea deals or diversion programs. For first-time offenders, if the incident revealed no threat or damage, trespass charges may be dismissed in exchange for completing diversion programs, community service, or attending counseling and educational sessions.

Other factors that may lead to a dismissal of trespass charges include: insufficient evidence of trespassing, proof that the offender had no knowledge they weren’t allowed on the property, or if the trespass occurred to avoid harm to self or others.

First-time offenders may also be required to complete a deferred adjudication, where their sentence is postponed until they complete a diversion program.

After serving their time or reduced sentences, trespassers may choose to have their records removed from public access by applying to have them sealed or expunged. In Tennessee, there is no waiting period to file for expungement of records if the criminal trespass charges were dismissed.

Will a Tennessee Criminal Trespass Charge Stay on Your Record?

Unless sealed or expunged, trespass charges may remain on record for life. Convictions stay until the required waiting period for expungement or sealing is completed.

If a trespass charge is dismissed, resolved through diversion programs, or deferred adjudication, it does not appear as a conviction on background checks. However, the arrest record still appears unless it is formally expunged.

For dismissed or non-conviction charges resulting from diversion programs, only expungement permanently removes records from public view.

Eligibility criteria for expungement:

According to Tennessee state laws, a person is only eligible for expungement if:

• They were acquitted of criminal trespass charges.
• They have completed all diversion programs and court requirements.
• At least five years have passed since they completed their sentence.
• They have no pending convictions during the waiting time and have paid all fines.
• Under TN 40-32-101(a), a person is eligible for expungement if their case was dismissed, not prosecuted, or retired.

Expungement or Record Sealing Options in Tennessee

Generally, sealing a record hides it from public view, but does not delete the record. Hence, law enforcement agencies and courts may still have access to these records. Expungement, on the other hand, completely deletes the record and makes it inaccessible to most government agencies.

However, in Tennessee, expungement is the umbrella term used for referring to removing records from public view.

Eligibility Factors for Expungement in Tennessee:

For Non-Convictions:

• Criminal records qualify for immediate expungement if the trespass charge was dismissed, dropped, retired, marked “nolle prosequi”, or the defendant acquitted.

For Convictions:

• At least five years have passed since the completion of the sentence.
• The individual must have no pending charges or other convictions, and all court costs, restitution, and fines must be fully paid.

For Diversion Programs:

• The individual must finish all terms (e.g, community service or probation) before applying for expungement.
• They must have completed all their programs and be granted a dismissal.