Recent Rash of Arrests of Middle and High School Students In Tennessee Due To Mass Threats Of Violence Law Causes Concern For Parents And Students

In an era of heightened concern about school shootings, post Covenant and more recently Apalachee High School in Georgia, Tennessee’s lawmakers have provided stringent measures to address threats of mass violence on school property. 

 However, the state's legal approach, which criminalizes "reckless" behavior without requiring intent, poses significant risks, particularly for adolescents whose brains are still developing. This law, while designed to protect schools, may unintentionally lead to severe consequences for young people, especially those between the ages of 11 and 18.

The key issue with the law is that it only requires recklessness, not intent. Under Tennessee's statute, anyone who recklessly makes a threat of mass violence in schools, whether through written, verbal, or electronic means, can be charged with a Class E felony.

Let’s stop there and acknowledge that before the Tennessee General Assembly enhanced the law with steeper penalties, that it was previously as class A Misdemeanor. A conviction of this level of crime imposes up to a year in jail and a fine of up to $2,500. 

 A class E felonies are punishable by a term of imprisonment of one to six years. Examples of this level of crime include some white-collar crimes and some drug possession charges.