2021 Tennessee Code
Title 39 - Criminal Offenses
Chapter 17 - Offenses Against Public Health, Safety and Welfare
Part 3 - Disorderly Conduct and Riots
§ 39-17-315. Stalking, Aggravated Stalking, and Especially Aggravated Stalking
RICO defines “racketeering activity” as any crime enumerated in subdivisions A–G of
subsection (1).26 The listed crimes often are referred to as “predicate acts,” because
committing an enumerated crime is the foundation for a RICO offense. Criminal acts
committed outside of the United States can serve as RICO predicate offenses, “but only to
the extent that the predicates alleged in a particular case themselves apply
extraterritorially.”27
Subdivision A includes “any act or threat involving” certain state offenses, including
murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in a controlled
substance, and other serious crimes, punishable by imprisonment for more than one
In a prosecution for a violation of this section, evidence that the defendant continued to engage in a course of conduct involving repeated unconsented contact with the victim after having been requested by the victim to discontinue the conduct or a different form of unconsented contact, and to refrain from any further unconsented contact with the victim, is prima facie evidence that the continuation of the course of conduct caused the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
If a person is convicted of aggravated or especially aggravated stalking, or another felony offense arising out of a charge based on this section, the court may order an independent professional mental health assessment of the defendant's need for mental health treatment. The court may waive the assessment, if an adequate assessment was conducted prior to the conviction.
If the assessment indicates that the defendant is in need of and amenable to mental health treatment, the court may include in the sentence a requirement that the offender undergo treatment, and that the drug intake of the defendant be monitored in the manner best suited to the particular situation. Monitoring may include periodic determinations as to whether the defendant is ingesting any illegal controlled substances or controlled substance analogues, as well as determinations as to whether the defendant is complying with any required or recommended course of treatment that includes the taking of medications.
The court shall order the offender to pay the costs of assessment under this subsection (g), unless the offender is indigent under § 40-14-202.
Any person who reasonably believes they are a victim of an offense under this section, regardless of whether the alleged perpetrator has been arrested, charged or convicted of a stalking-related offense, shall be entitled to seek and obtain an order of protection in the same manner, and under the same circumstances, as is provided for victims of domestic abuse by title 36, chapter 3, part 6.
Especially aggravated stalking is a Class C felony.