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SB 1749

Criminal Offenses - As introduced, increases from a Class A misdemeanor to a Class C felony the available sentence for an aggravated criminal trespass if, while in commission of the trespass, the trespasser encounters the owner using or displaying a firearm in self-defense; upgrades trespass offenses to Class C felonies. - Amends TCA Section 39-11-611; Title 39, Chapter 13, Part 10 and Title 39, Chapter 14, Part 4.

114th Regular Session (2025-2026) Introduced by Janice Bowling

Tennessee bill upgrades trespass offenses to Class C felonies, with harsher penalties when property owners display firearms during trespassing incidents.

Assigned to General Subcommittee of Senate Judiciary Committee
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Bill Summary · SB 1749

Legislative bill overview

SB 1749 elevates criminal penalties for trespass offenses in Tennessee, upgrading aggravated criminal trespass to a Class C felony (up from Class A misdemeanor) and increasing general trespass offenses to Class C felonies. The bill specifically enhances penalties when a trespasser encounters a property owner displaying or using a firearm in self-defense during the trespass.

Why is this important

This bill significantly increases criminal consequences for trespass violations, potentially affecting individuals committing minor property infractions. It also creates a legal framework that incentivizes property owners to display firearms defensively, as doing so would automatically elevate charges against trespassers from misdemeanor to felony levels.

Potential points of contention

  • Self-defense incentivization: The provision that merely encountering a firearm being used in self-defense escalates charges raises concerns about creating incentives for property owners to display weapons rather than use alternative security measures
  • Felony inflation for minor offenses: Upgrading basic trespass to felony status is a substantial penalty increase that may be disproportionate to the offense severity and could result in lifelong collateral consequences (employment, housing, voting rights)
  • Unclear triggering mechanism: The language regarding what constitutes "encountering" a firearm in self-defense is ambiguous and could create prosecutorial discretion issues or technical difficulties in proving intent and circumstances

Compiled from official sources — confirm details with the bill’s official record.

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