40-38-303. Victim's immunity from suit except for testimony that is intentionally and maliciously false and defamatory.

Statutes | Tenn. Code Ann. § 40-38-303 | 2025

(a) In order for a victim of crime to meaningfully exercise the victims constitutional right to be heard, when relevant, at all critical stages of the criminal justice process, a victim is immune from civil liability or any civil cause of action brought by the offender that arises from the victims testimony at the offenders hearing before the board of parole or a panel of the board. The immunity from suit shall not apply if the victims testimony is intentionally and maliciously false and defamatory.

(b) (1) If the offender brings a cause of action against the victim based upon the victims testimony before the board of parole or a panel of the board, in spite of the immunity conferred by subsection (a), as an attachment to the complaint, the offender shall proffer all statements made by the victim alleged to be intentionally and maliciously false and defamatory. Within five (5) days the court shall examine the offenders complaint to determine if the statements of the victim proffered by the offender could reasonably be construed as sufficient to overcome the victims immunity conferred by this section.

(2) If the court finds that the victims statements to the board of parole or a panel of the board may reasonably be construed as intentionally and maliciously false and defamatory, it shall allow the cause of action to proceed.

(3) If the court finds that the offender has not produced sufficient evidence to overcome the victims immunity conferred by subsection (a), it shall dismiss the cause of action with prejudice.

(4) If the court finds that, not only was the action without merit but was brought for the purpose of intimidating, harassing or abusing the victim in violation of Article I, § 35 of the Constitution of Tennessee, it:

(A) Shall notify the appropriate warden of the offenders institution and recommend disciplinary action against the offender, including the loss of sentence reduction credits and

(B) May prohibit the offender from filing any future actions of a similar nature in the court.