Tennessee § 39-17-314 - Civil disorder.

§ 39-17-314. Civil disorder.

As used in this section, unless the context otherwise requires: “Civil disorder” means any public disturbance involving acts of violence by an assemblage of two (2) or more persons which acts cause an immediate danger of or result in damage or injury to the property or person of any other individual; “Governmental military force” means the: National guard as defined in 10 U.S.C. § 101(9); Organized militia of any state or territory of the United States, the commonwealth of Puerto Rico, or the District of Columbia, not included within the definition of “national guard”; and Armed forces of the United States; and “Law enforcement agency” means a governmental unit of one (1) or more persons employed full time or part time by the state or federal government, or political subdivision of the state or federal government, for the purpose of preventing and detecting crime and enforcing laws or local ordinances and the employees of which are authorized to make arrests for crimes while acting within the scope of their authority. A person commits an offense who assembles with one (1) or more persons for the purpose of training or instructing in the use of, or practicing with, any technique or means capable of causing property damage, bodily injury or death with the intent to employ such training, instruction or practice in the commission of a civil disorder. A violation of this section is a Class D felony. Nothing contained in this section makes unlawful any act protected by the constitution of Tennessee, or any act of a law enforcement officer that is performed in the lawful performance of the officer's official duties. Nothing contained in this section makes unlawful: Any activity of a governmental military force, the Tennessee wildlife resources agency, the department of correction or any law enforcement agency; Any activity intended to teach or practice self-defense or self-defense techniques, such as karate clubs or self-defense clinics, and similar lawful activity; Any facility, program or lawful activity related to firearms instruction and training intended to teach the safe handling and use of firearms; or Any other lawful sports or activities related to the individual recreational use or possession of firearms, including, but not limited to, hunting activities, target shooting, self-defense, firearms collection or any organized activity, including, but not limited to, any hunting club, rifle club, rifle range or shooting range that does not include a conspiracy as defined under the laws of this state, or the knowledge of or the intent to cause or further a civil disorder. Nothing contained in this section makes unlawful any practice or drill of an organization whose purpose is the reenactment of battles for historic purposes or of ceremonial organizations of a military nature. Acts 1990, ch. 971, § 1. Sentencing Commission Comments. This section protects the people in their exercise of the rights and privileges provided by the federal and Tennessee constitutions and laws. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Criminal responsibility for conduct of another, § 40-11-402 . Criminal responsibility for facilitation of felony, § 40-11-403 . Grading attempt, solicitation and conspiracy, § 39-12-107 . Parties to offenses, § 39-11-401 . Penalty for Class D felony, § 40-35-111 .