When is Sending a Threatening Letter a Crime in Tennessee?

 Posted on July 29, 2025 in Criminal Defense

Recently, multiple criminal warrants were issued against an inmate in the Davidson County jail for allegedly sending threatening letters to four Nashville judges. The man has been in jail since last October on charges related to probation violations of felony assault and burglary convictions. The man allegedly made threats against the judges for decisions made when he was a defendant appearing before them.

The charge of making harassing threats in the 17 letters sent to the judges is a Class A misdemeanor, although in some cases it can be charged as a felony. Some of the letters not only threatened harm to the judges and their family members, but also to the President. In Tennessee, under Tennessee Code Section 39-17-308, sending a threatening letter may be classified as harassment, especially if the letter contains a threat of unlawful action and the sender intends to annoy or alarm the recipient.

If the letter is intended to extort something of value, it could be charged as extortion, a felony offense. In today’s digital world, threats often occur via text or social media, but occasionally an old-fashioned threatening letter triggers a criminal case, whether stemming from a bitter breakup, a family dispute, a debt gone awry, or anger toward a public official.

Tennessee law does not require that you act on a threat for it to be considered a crime. So, when does a strongly worded letter cross the line into a criminal act? If you are facing harassment charges, an experienced Clinton, TN criminal defense attorney can build a strong defense on your behalf, while clearly explaining your options.  

How Might Sending a Threatening Letter in Tennessee Be Charged?

It is illegal in Tennessee to "communicate a threat" whether electronically, verbally, or in writing if it is intended as a threat and a reasonable person would perceive it as a threat. Communications made with the intent to annoy, alarm, or frighten the recipient are generally considered harassment. Harassment is a Class A misdemeanor, resulting in up to 11 months and 29 days in jail.

Aggravating factors in harassment charges include threats against public officials, repeated letters, inclusion of weapons or substances, or when the letter is a part of domestic violence or bias-motivated threats. Aggravating factors can escalate the charges to a felony offense.

Multiple letters can fall under the stalking statute, which requires at least two or more acts of harassment directed at a victim that cause the victim to feel terrorized or threatened. If there is a credible threat in the letters to the victim or his or her family that is intended to instill fear of death or injury, the charges can be elevated to aggravated stalking, a Class E felony.

What is the Difference Between a Veiled Threat and an Explicit Threat?

An explicit threat is a clear and direct communication of intent to cause harm to another person, with no ambiguity – any reasonable person would consider the communication a threat of harm. Unambiguous means it is very explicit, such as "I am going to kill you," or "I promise you will pay."

A veiled threat implies harm without stating it outright. It is more indirect, likely suggesting harm of some type, like, "Wouldn’t it be a shame if something happened to your car?" A veiled threat that a reasonable person would believe implied a threat of harm could still be charged under harassment or stalking. Whether explicit or veiled, there is no requirement under the law that the recipient was actually harmed or frightened.

Contact an Anderson County, TN Criminal Defense Lawyer

If you have been accused of sending a threatening letter, do not attempt to navigate the situation on your own. A skilled Oak Ridge, TN criminal defense attorney from The Baker Law Firm may be able to show lack of intent, ambiguity, or protected speech.  Attorney Baker will thoroughly investigate your charges and then begin building a comprehensive defense on your behalf. He is a presenter for the Tennessee Bar Association as CLE Faculty. Call 865-200-4117 to schedule your free consultation.