(a) This section shall be known and may be cited as the “Neighborhood Protection Act.”
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Terms Used In Tennessee Code 40-35-123

  • Conviction: A judgement of guilt against a criminal defendant.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(b) A homeowners’ association, as defined in § 68-14-302, a neighborhood association, a neighborhood watch, or a similarly organized residential entity that is recognized by state or local law with defined boundaries referenced in the residential entity’s charter or governing document, may seek an injunction or restraining order prohibiting an offender from entering the boundaries of the residential area, if:

(1) The offender has been convicted of three (3) or more separate offenses of:

(A) Burglary, as defined in § 39-13-1002;
(B) Rape, as defined in § 39-13-503;
(C) Criminal homicide, as defined in § 39-13-201;
(D) Delivering or selling a controlled substance, as defined in § 39-17-417;
(E) Criminal gang activity, as defined in § 40-35-121;
(F) Prostitution, as defined in § 39-13-512;
(G) Theft, if the value of the property or services obtained is more than five hundred dollars ($500), pursuant to title 39, chapter 14, part 1;
(H) Vandalism, as defined in § 39-14-408; or
(I) Aggravated criminal littering, as defined in § 39-14-505, if the conviction is for an amount of litter that exceeds one hundred pounds (100 lbs.) in weight or thirty (30) cubic feet in volume; and
(2) Three (3) or more of the offenses were committed within the boundaries of the residential area.
(c) Any injunction or restraining order shall remain in effect for one (1) year, unless modified or dissolved by the court that granted the injunction or restraining order, and may be renewed by the court upon motion of the homeowners’ association, neighborhood association, neighborhood watch, or similarly organized residential entity.
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