As a former Davidson County prosecutor for three years, Kevin Kennedy prosecuted serious violent-crime and harassment-related cases and understands how prosecutors evaluate stalking allegations involving court orders, weapons, threats, vulnerable victims, prior convictions, and repeated unwanted contact. Aggravated stalking is a felony, and the aggravating circumstance can often be as important as the underlying stalking allegation itself.
Tennessee aggravated stalking is a Class E felony. The State must first prove stalking and then prove at least one statutory aggravating factor, such as display of a deadly weapon, a qualifying age difference, a recent stalking conviction, a credible threat, or knowing violation of a court-imposed no-contact restriction. Each component should be examined separately.
What Is Aggravated Stalking in Tennessee?
Tenn. Code Ann. § 39-17-315(c) provides that aggravated stalking occurs when a person commits stalking and one of several additional circumstances exists. Because aggravated stalking incorporates the elements of stalking, the State must still prove a willful course of conduct involving repeated or continuing harassment that would affect a reasonable person and actually affects the alleged victim.
The aggravating factor then increases the offense from misdemeanor stalking to a Class E felony. The precise factor alleged should be identified from the charging instrument because different evidence is required for each theory.
Display of a Deadly Weapon
One form of aggravated stalking occurs when the accused displays a deadly weapon in the course and furtherance of stalking. A firearm can qualify, but Tennessee’s definition of deadly weapon can also include other objects depending on their design or the manner in which they are used or intended to be used.
The defense should examine whether the object was actually displayed, whether the alleged display occurred in furtherance of stalking, whether witnesses could reliably identify the object, and whether photographs, video, or recovered evidence support the allegation.
Victims Under 18 or Age 65 and Older
Aggravated stalking can also be charged when the alleged victim was under eighteen at any time during the course of conduct and the accused was at least five years older, or when the alleged victim was sixty-five or older during the course of conduct.
Age is an objective statutory element. The defense should confirm the ages involved and whether the alleged course of conduct actually occurred during the relevant period.
Prior Stalking Conviction
A stalking offense can become aggravated stalking if the accused has a prior stalking conviction within seven years of the new offense. The State must establish the qualifying prior conviction and that it falls within the statutory time period.
Certified judgments, offense dates, conviction dates, and whether the prior offense legally qualifies should be reviewed rather than relying solely on a criminal-history summary.
Credible Threat
Aggravated stalking can be charged when, during stalking, the accused makes a credible threat to the alleged victim or certain family members or dependents with the intent to place that person in reasonable fear of death or bodily injury. This theory makes the words used, surrounding circumstances, intent, and recipient’s reaction especially important.
A statement should be evaluated in context. Sarcasm, hyperbole, ambiguous language, quoted material, or emotionally charged but nonthreatening speech may be mischaracterized if only a portion of the communication is presented.
Violation of an Order of Protection or No-Contact Order
Another common aggravated-stalking theory applies when the accused was prohibited from contacting the alleged victim by an order of protection, restraining order, injunction, or other court-imposed prohibition and knowingly violated that restriction during the stalking course of conduct.
The defense should obtain the actual order, confirm when it was entered and served, determine exactly what conduct it prohibited, and evaluate whether the accused knowingly violated its terms. The scope of the order matters.
What Are the Penalties for Aggravated Stalking?
Aggravated stalking is a Class E felony. Tennessee’s general sentencing statute authorizes a term of one to six years for a Class E felony, with the applicable range depending on prior record and other sentencing rules. Felony consequences can also affect firearm rights, employment, professional licensing, and future sentencing.
Courts may impose additional stalking-specific conditions such as no contact, counseling, mental-health assessment, and electronic tracking. A victim of aggravated stalking may also qualify to seek a lifetime order of protection after conviction under Tennessee law.
Common Defenses to Aggravated Stalking
The defense can challenge both the underlying stalking allegation and the claimed aggravating factor. If the State cannot prove either, aggravated stalking may not be established.
Challenge the Underlying Stalking Elements
The State must prove a qualifying course of conduct, harassment, and the required effect on the alleged victim. Legitimate-purpose communications, isolated incidents, consensual contact, incomplete message threads, or insufficient evidence of actual distress may undermine the stalking component.
Challenge the Aggravating Factor
A weapon may not have been displayed, a threat may not have been credible or intended as a threat, an order may not have prohibited the disputed communication, or a prior conviction may fall outside the statutory period. Each enhancement theory has its own proof requirements.
How Kevin Kennedy Defends Aggravated Stalking Cases
Kevin reviews the entire relationship and timeline, not merely the allegations selected for the charging document. He examines complete communications, call logs, social-media records, court orders, prior judgments, surveillance video, body-worn camera footage, photographs, witness accounts, location evidence, and any alleged weapon evidence.
His experience as a former prosecutor helps him separate the underlying stalking theory from the aggravating circumstance and identify weaknesses in each. Depending on the facts, the defense may challenge course of conduct, intent, credible-threat evidence, weapon allegations, age or prior-conviction proof, the meaning or validity of a court order, constitutional issues, or witness credibility. To discuss a Davidson County case in confidence, reach out to Kevin Kennedy Law Firm for a free case review.
Legal references: Tenn. Code Ann. §§ 39-17-315, 36-3-627, 39-17-1307, and 40-35-111. This page is general information, not legal advice.