Vagueness In Law Meant To Deter Threats Of Mass Violence Leads To Pattern Of Arrests For Tennessee Kids

Sources Say That Multiple Middle And High School Students In Tennessee Have Been Accused Or Have Suffered Criminal Consequences Due To A Lack Of Specificity In A Law Meant To Deter Threats Of Mass Violence.

Image Credit: Steven Depolo  / CC

The Tennessee Conservative [By Kelly M. Jackson] –

Back in 2021, a bill was passed by sponsors Representative Dan Howell (R-D22- Cleveland) and former State Senator Mike Bell (R-D9-Riceville) who has recently been named new Senior Advisor for Legislative Affairs and Policy for the Tennessee Wildlife Resources Agency.

The bill, now a law, TCA code 39-16-517 states that “A person who recklessly, by any means of communication, threatens to commit an act of mass violence on school property or at a school-related activity commits a Class A misdemeanor.” 

It is this statute that has led to a recent pattern of arrests of children in Tennessee, all middle and high school students, due to what might be characterized in legal terms as an unconstitutional vagueness of law. 

Recently, the Tennessee Conservative reported on a Knox county 8^th grader who was arrested and kept handcuffed in a patrol car for hours being deprived of access to his parents or an attorney to represent his interests. All because he was joking with other 8^th grade boys about “stealing a plane and flying it into the school”.  A teacher overheard the conversation, and this is what lead to the boy’s arrest. The treatment in that case has led to the filing of a lawsuit by the boy’s parents. 

The Tennessee Conservative has been informed by sources that there are at least 5 other students in middle Tennessee who are being accused of or have suffered criminal consequences due the lack of specificity in the law, allowing for arrest warrants to be issued even though there is no evidence of intent in any case, and there is no requirement that there even be evidence that the communication was meant to be a credible threat. 

In August, news outlets reported a concern among youth advocates, that a law that was being proposed during special session would have a deleterious effect on Tennessee kids, in that it would cause a rash of arrests of those too young or without the intellectual ability to understand what they are saying and where they are saying it, in a context that has nothing to do with any kind of serious threat to others. 

The bill, sponsored by Senator Ferrell Haile (R-D18-Gallatin) and Rep. Mark Cochran (R-D23-Englewood), in summary stated, “ As introduced, creates the criminal offense of recklessly, by any means of communication, threatening to commit an act of mass violence; requires the court to determine whether a defendant charged with threatening to commit an act of mass violence is a threat to the public prior to release on bail.” 

Critics of the law were particularly concerned about kids with disabilities.

In an August report, Cara Suvall, associate professor of law at Vanderbilt University Law School said, “I think we’re going to see a significant number of kids charged with this offense and I think it’s going to be students with disabilities.  The law is written so vaguely that it could sweep kids making even relatively mild or minor statements into the adult criminal justice system. Kids with disabilities that limit their abilities to regulate impulse and emotions may be at greatest risk”. 

At the time, Haile said, “We’re looking for someone serious about blowing up Second Avenue. We’re talking about a patient making threats to kill a physician. We’re talking about someone plotting to shoot up a school”. 

Haile went on to cite instances such as the 2020 Christmas day bombing, and the Collierville surgeon who was stalked and murdered by a patient leaving six others dead in their wake. 

However, with the current law that only includes the misdemeanor charges, there is already an impact on kids in the form of arrests, expulsions from school, compelled, court ordered program participation, and tens of thousands of dollars being spent by parents to hire criminal defense attorneys. 

Senator Haile has said that he does not envision kids mouthing off or acting out being charged under the proposed law. “If you’ve got a 14- or 15-year-old kid spouting off, we don’t want them arrested,” he said. “We don’t want that on their record”.

The same report notes Zoe Jamail, policy director for Disability Rights Tennessee, who pointed to the language of the bill that defines the felony act as one being taken “recklessly,” a standard that falls short of “intentional” or “knowing” acts spelled out in other criminal laws. The same language is used for the current law that is a misdemeanor. 

“One of the problematic aspects is that it doesn’t require intent,” Jamail said. “These may be kids making one-time outbursts that really don’t rise to the level of a threat.” 

This video is being sent to parents in Williamson County schools. When watching this video, consider, when this officer uses the word threat – “threat” isn’t defined in the code. The lack of an intent element leaves anyone who says anything that can be even remotely construed as a “threat” vulnerable to criminal and other consequences. 

The bill did not make any headway during the special session but it will likely resurface in the regular session when it begins in January 2024.  

About the Author: Kelly Jackson is a recent escapee from corporate America, and a California refugee to Tennessee. Christ follower, Wife and Mom of three amazing teenagers. She has a BA in Comm from Point Loma Nazarene University, and has a background in law enforcement and human resources. Since the summer of 2020, she has spent any and all free time in the trenches with local grassroots orgs, including Mom’s for Liberty Williamson County and Tennessee Stands as a core member.  Outspoken advocate for parents rights, medical freedom, and individual liberty. Kelly can be reached at kelly@tennesseeconservativenews.com.