Tennessee § 39-17-307 - Obstructing highway or other passageway.

§ 39-17-307. Obstructing highway or other passageway.

A person commits an offense who, without legal privilege, intentionally, knowingly or recklessly: Obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, or hallway to which the public, or a substantial portion of the public, has access; or any other place used for the passage of persons, vehicles or conveyances, whether the obstruction arises from the person's acts alone or from the person's acts and the acts of others; or Disobeys a reasonable request or order to move issued by a person known to be a law enforcement officer, a firefighter, or a person with authority to control the use of the premises to: Prevent obstruction of a highway or passageway; or Maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot or other hazard. For purposes of this section, “obstruct” means to render impassable or to render passage unreasonably inconvenient or potentially injurious to persons or property. A violation of subdivision (a)(1) is a Class A misdemeanor. A violation of subdivision (a)(2) is a Class C misdemeanor. Notwithstanding subdivision (c)(1), a violation of subdivision (a)(1) is a Class E felony if the obstruction prevents an emergency vehicle from accessing a highway or street, the obstruction prevents a first responder from responding to an emergency, or if the obstruction prevents access to an emergency exit. For purposes of this subdivision (c)(3): “Emergency vehicle” means any vehicle of a governmental department or public service corporation when responding to an emergency, any vehicle of a police or fire department, and any ambulance; “Emergency exit” means a doorway in a building or facility used for egress to the outdoors only when there is an immediate threat to the health or safety of an individual; and “First responder” has the same definition as used in § 39-13-116(d). It is an affirmative defense to prosecution under this section, which must be proven by a preponderance of the evidence, that: Solicitation and collection of charitable donations at a highway or street intersection were undertaken by members of an organization that has received a determination of exemption from the internal revenue service under 26 U.S.C. § 501(c)(3) or (4); The members of the organization undertook reasonable and prudent precautions to prevent both disruption of traffic flow and injury to person or property; and The solicitation and collection at the specific time and place and the specific precautions were proposed in advance to, and received the prior written approval of, the administrative head of the local law enforcement agency in whose jurisdiction the intersection is located. No liability for any accident or other occurrence that arises from solicitations shall attach to the sheriff or government involved in issuing the permit, but shall be borne solely by the organization obtaining the permit. This subsection (d) shall not be construed to supersede or affect any ordinance relative to collecting donations at public intersections in effect on July 1, 1993. Any municipality by ordinance may prohibit roadblocks within its corporate limits notwithstanding this subsection (d). Acts 1989, ch. 591, § 1; 1993, ch. 148, §§ 1-5; 2015, ch. 138, § 1; 2017, ch. 121, § 1; 2020 (2nd Ex. Sess.), ch. 3, § 15. Compiler's Notes. For the Preamble to the act concerning a uniform framework of laws that will protect the rights of all Tennesseans to peacefully demonstrate, see Acts 2020 (2nd Ex. Sess.), ch. 3. 2020 (2nd Ex. Sess.), ch. 3, § 26 provided that the act, which amended this section, applies to offenses committed after August 20, 2020. Amendments. The 2020 (2nd Ex. Sess.) amendment by ch. 3 rewrote (c), which read: “(c)(1) An offense under this section is a Class C misdemeanor.“(2) Notwithstanding subdivision (c)(1), an offense under subdivision (a)(1) is a Class B misdemeanor and shall be punished by a fine of two hundred dollars ($200) if, at the time of the violation, the person obstructs an emergency vehicle from accessing the highway or street, or highway's or street's right-of-way. As used in this subdivision (c)(2), ‘emergency vehicle’ means any vehicle of a governmental department or public service corporation when responding to an emergency, any vehicle of a police or fire department, and any ambulance.” Effective Dates. Acts 2020 (2nd Ex. Sess.), ch. 3, § 26. August 20, 2020. Cross-References. Penalties for Class A and C misdemeanors, § 40-35-111 . Penalty for Class E felony, § 40-35-111 . Law Reviews. Criminal Law in Tennessee in 1971 — A Critical Survey (Joseph G. Cook), 39 Tenn. L. Rev. 247 (1971). Attorney General Opinions. If the amendments to T.C.A. § 39-17-307 proposed in H.B. 1286, 109th Gen. Assem. (Tenn. 2015) [not enacted], were enacted, T.C.A.. § 39-17-307 would not be unconstitutionally vague in violation of article I, section 8 of the Tennessee Constitution and/or the Due Process Clause of the United States Constitution. OAG 15-46, 2015 Tenn. AG LEXIS 46 (5/27/15).