# Tenn. Code Ann. § 39-14-406: Aggravated criminal trespass > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-406 ## Section - **Citation:** Tenn. Code Ann. § 39-14-406 - **Heading:** Aggravated criminal trespass - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 39 / Chapter 14 / Section 39-14-406 ## Text (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; and (2) The person intends, knows, or is reckless about whether such person's presence will cause fear for the safety of another; (3) The person, in order to gain entry to the property, destroys, cuts, vandalizes, alters or removes a gate, signage, fencing, lock, chain or other barrier designed to keep trespassers from entering the property; or (4) The person, while on the property, recklessly damages the property or personal property thereon. (b) For purposes of this section, "enter" means intrusion of the entire body. (c) (1) Aggravated criminal trespass is a Class B misdemeanor except as provided in subdivisions (c)(2) and (3). (2) Aggravated criminal trespass that was 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 is a Class A misdemeanor. (3) Aggravated criminal trespass is a Class E felony when committed: (A) 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 (B) With intent to harass a person described in subdivision (c)(3)(A) due to the person's status as a law enforcement officer, active duty member of the military, judge, or elected or appointed federal, state, or local official. (d) (1) A person also commits aggravated criminal trespass who enters or remains on the real property, including the right-of-way, of a railroad: (A) With the intent to do harm to the property or to railroad property located on the property; or (B) With the intent to do harm to another person or knowing that their presence will harm another person. (2) Aggravated criminal trespass on railroad property is a Class A misdemeanor. (e) (1) A person also commits aggravated criminal trespass who trespasses upon a construction site, or property used or owned by a public or private utility or an electric or telephone cooperative, with the intent to steal, deface, destroy, tamper with, alter or remove any equipment, supplies or other property found on the site or property. (2) (A) In order for subdivision (e)(1) to apply, the construction, utility, or electric or telephone cooperative property must be posted by use of a sign of a size that is plainly visible to the average person at all gates or entrances to the property and shall contain language substantially similar to the following: UNLAWFUL ENTRY ON THIS PROPERTY CONSTITUTES THE CRIMINAL OFFENSE OF AGGRAVATED CRIMINAL TRESPASS AND IS PUNISHABLE BY IMPRISONMENT FOR UP TO ONE YEAR AND A $2,500 FINE. (B) If the proof shows that the defendant entered the posted property at some place other than a gate or entrance, it is not a defense to this subsection (e) that the defendant did not know that the property was posted against trespass. (3) Aggravated criminal trespass on a construction site is a Class A misdemeanor. Amended by 2020EX2 Tenn. Acts, ch. 3, Secs.s4, s5 eff. 8/20/2020. Acts 1989, ch. 591, § 1; 2006, ch. 668, § 1; 2008 , ch. 690, § 3; 2011 , ch. 302, § 1. t some place other than a gate or entrance, it is not a defense to this subsection (e) that the defendant did not know that the property was posted against trespass. (3) Aggravated criminal trespass on a construction site is a Class A misdemeanor. Amended by 2020EX2 Tenn. Acts, ch. 3, Secs.s4, s5 eff. 8/20/2020. Acts 1989, ch. 591, § 1; 2006, ch. 668, § 1; 2008 , ch. 690, § 3; 2011 , ch. 302, § 1. (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; and (2) The person intends, knows, or is reckless about whether such person's presence will cause fear for the safety of another; (3) The person, in order to gain entry to the property, destroys, cuts, vandalizes, alters or removes a gate, signage, fencing, lock, chain or other barrier designed to keep trespassers from entering the property; or (4) The person, while on the property, recklessly damages the property or personal property thereon. (1) The person knows the person does not have the property owner's effective consent to do so; and (2) The person intends, knows, or is reckless about whether such person's presence will cause fear for the safety of another; (3) The person, in order to gain entry to the property, destroys, cuts, vandalizes, alters or removes a gate, signage, fencing, lock, chain or other barrier designed to keep trespassers from entering the property; or (4) The person, while on the property, recklessly damages the property or personal property thereon. (b) For purposes of this section, "enter" means intrusion of the entire body. (c) (1) Aggravated criminal trespass is a Class B misdemeanor except as provided in subdivisions (c)(2) and (3). (2) Aggravated criminal trespass that was 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 is a Class A misdemeanor. (3) Aggravated criminal trespass is a Class E felony when committed: (A) 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 (B) With intent to harass a person described in subdivision (c)(3)(A) due to the person's status as a law enforcement officer, active duty member of the military, judge, or elected or appointed federal, state, or local official. (1) Aggravated criminal trespass is a Class B misdemeanor except as provided in subdivisions (c)(2) and (3). (2) Aggravated criminal trespass that was 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 is a Class A misdemeanor. (3) Aggravated criminal trespass is a Class E felony when committed: (A) 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 (B) With intent to harass a person described in subdivision (c)(3)(A) due to the person's status as a law enforcement officer, active duty member of the military, judge, or elected or appointed federal, state, or local official. (A) 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 (B) With intent to harass a person described in subdivision (c)(3)(A) due to the person's status as a law enforcement officer, active duty member of the military, judge, or elected or appointed federal, state, or local official. l 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 (B) With intent to harass a person described in subdivision (c)(3)(A) due to the person's status as a law enforcement officer, active duty member of the military, judge, or elected or appointed federal, state, or local official. (d) (1) A person also commits aggravated criminal trespass who enters or remains on the real property, including the right-of-way, of a railroad: (A) With the intent to do harm to the property or to railroad property located on the property; or (B) With the intent to do harm to another person or knowing that their presence will harm another person. (2) Aggravated criminal trespass on railroad property is a Class A misdemeanor. (1) A person also commits aggravated criminal trespass who enters or remains on the real property, including the right-of-way, of a railroad: (A) With the intent to do harm to the property or to railroad property located on the property; or (B) With the intent to do harm to another person or knowing that their presence will harm another person. (A) With the intent to do harm to the property or to railroad property located on the property; or (B) With the intent to do harm to another person or knowing that their presence will harm another person. (2) Aggravated criminal trespass on railroad property is a Class A misdemeanor. (e) (1) A person also commits aggravated criminal trespass who trespasses upon a construction site, or property used or owned by a public or private utility or an electric or telephone cooperative, with the intent to steal, deface, destroy, tamper with, alter or remove any equipment, supplies or other property found on the site or property. (2) (A) In order for subdivision (e)(1) to apply, the construction, utility, or electric or telephone cooperative property must be posted by use of a sign of a size that is plainly visible to the average person at all gates or entrances to the property and shall contain language substantially similar to the following: UNLAWFUL ENTRY ON THIS PROPERTY CONSTITUTES THE CRIMINAL OFFENSE OF AGGRAVATED CRIMINAL TRESPASS AND IS PUNISHABLE BY IMPRISONMENT FOR UP TO ONE YEAR AND A $2,500 FINE. (B) If the proof shows that the defendant entered the posted property at some place other than a gate or entrance, it is not a defense to this subsection (e) that the defendant did not know that the property was posted against trespass. (3) Aggravated criminal trespass on a construction site is a Class A misdemeanor. (1) A person also commits aggravated criminal trespass who trespasses upon a construction site, or property used or owned by a public or private utility or an electric or telephone cooperative, with the intent to steal, deface, destroy, tamper with, alter or remove any equipment, supplies or other property found on the site or property. nal trespass on a construction site is a Class A misdemeanor. (1) A person also commits aggravated criminal trespass who trespasses upon a construction site, or property used or owned by a public or private utility or an electric or telephone cooperative, with the intent to steal, deface, destroy, tamper with, alter or remove any equipment, supplies or other property found on the site or property. (2) (A) In order for subdivision (e)(1) to apply, the construction, utility, or electric or telephone cooperative property must be posted by use of a sign of a size that is plainly visible to the average person at all gates or entrances to the property and shall contain language substantially similar to the following: UNLAWFUL ENTRY ON THIS PROPERTY CONSTITUTES THE CRIMINAL OFFENSE OF AGGRAVATED CRIMINAL TRESPASS AND IS PUNISHABLE BY IMPRISONMENT FOR UP TO ONE YEAR AND A $2,500 FINE. (B) If the proof shows that the defendant entered the posted property at some place other than a gate or entrance, it is not a defense to this subsection (e) that the defendant did not know that the property was posted against trespass. (A) In order for subdivision (e)(1) to apply, the construction, utility, or electric or telephone cooperative property must be posted by use of a sign of a size that is plainly visible to the average person at all gates or entrances to the property and shall contain language substantially similar to the following: UNLAWFUL ENTRY ON THIS PROPERTY CONSTITUTES THE CRIMINAL OFFENSE OF AGGRAVATED CRIMINAL TRESPASS AND IS PUNISHABLE BY IMPRISONMENT FOR UP TO ONE YEAR AND A $2,500 FINE. UNLAWFUL ENTRY ON THIS PROPERTY CONSTITUTES THE CRIMINAL OFFENSE OF AGGRAVATED CRIMINAL TRESPASS AND IS PUNISHABLE BY IMPRISONMENT FOR UP TO ONE YEAR AND A $2,500 FINE. (B) If the proof shows that the defendant entered the posted property at some place other than a gate or entrance, it is not a defense to this subsection (e) that the defendant did not know that the property was posted against trespass. (3) Aggravated criminal trespass on a construction site is a Class A misdemeanor. Amended by 2020EX2 Tenn. Acts, ch. 3, Secs.s4, s5 eff. 8/20/2020. Acts 1989, ch. 591, § 1; 2006, ch. 668, § 1; 2008 , ch. 690, § 3; 2011 , ch. 302, § 1. ## Nearby sections - [Tenn. Code Ann. § 39-14-101 Consolidation of theft offenses](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-101.md) - [Tenn. Code Ann. § 39-14-102 Part definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-102.md) - [Tenn. Code Ann. § 39-14-103 Theft of property](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-103.md) - [Tenn. Code Ann. § 39-14-104 Theft of services](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-104.md) - [Tenn. Code Ann. § 39-14-105 Grading of theft](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-105.md) - [Tenn. Code Ann. § 39-14-106 Unauthorized use of automobiles and other vehicles - Joyriding](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-106.md) - [Tenn. Code Ann. § 39-14-107 Claim of right](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-107.md) - [Tenn. Code Ann. § 39-14-108 Pawned or conveyed rental property](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-108.md) - [Tenn. Code Ann. § 39-14-109 Stone or rock wall - Warning sign](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-109.md) - [Tenn. Code Ann. § 39-14-110 Unauthorized recording of theatrical motion pictures](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-110.md) - [Tenn. Code Ann. § 39-14-111 Parentage fraud](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-111.md) - [Tenn. Code Ann. § 39-14-112 Extortion](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-112.md) - [Tenn. Code Ann. § 39-14-113 Organized Retail Crime Prevention Act](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-113.md) - [Tenn. Code Ann. § 39-14-114 Forgery](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-114.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-406. Check the current official text before relying on it. Not legal advice.