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2017 Tennessee Code
Title 40 - Criminal Procedure
Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989
Part 1 - General Provisions
§ 40-35-123. Neighborhood Protection Act -- Injunctive relief against offenders entering residential area.
Universal Citation: TN Code § 40-35-123 (2017)
- (a) This section shall be known and may be cited as the "Neighborhood Protection Act."
- (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 § 39-14-402;
- (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; or
- (H) Vandalism, as defined in § 39-14-408; and
- (2) Three (3) or more of the offenses were committed within the boundaries of the residential area.
- (1) The offender has been convicted of three (3) or more separate offenses of:
- (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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