Effective July 1, 2026, assaulting a qualifying first responder in Tennessee under Tenn. Code Ann. § 39-13-116 is a Class E felony. Public Chapter 1104 increased the offense from a Class A misdemeanor to a Class E felony and increased the mandatory punishment from a $5,000 fine and 30 days of incarceration to a $10,000 mandatory fine and a mandatory minimum of 60 days of incarceration.
The statute provides that a defendant is not eligible for release from confinement until the entire 60-day mandatory minimum has been served. Tennessee enacted the change through Senate Bill 1900 and House Bill 2428. Governor Bill Lee signed the legislation on May 22, 2026, and the law took effect July 1, 2026.
The change significantly raises the stakes for someone accused of assaulting a firefighter, emergency services personnel, or another person who meets Tennessee’s statutory definition of a first responder. Davis & Hoss represents people accused of assault and other serious offenses through its violent crime defense practice.
What Is the Penalty for Assaulting a First Responder in Tennessee in 2026?
Public Chapter 1104 amended Tenn. Code Ann. § 39-13-116(c)(1). Beginning July 1, 2026, the penalties for assault against a qualifying first responder changed as follows:
| Penalty | Before July 1, 2026 | Beginning July 1, 2026 |
| Classification | Class A misdemeanor | Class E felony |
| Mandatory fine | $5,000 | $10,000 |
| Mandatory minimum incarceration | 30 days | 60 days |
| Release during mandatory minimum | No release before 30 days served | No release before 60 days served |
The amended statute states that assault against a law-enforcement officer or first responder under subsection (a) is a Class E felony, carries a mandatory $10,000 fine, and requires a mandatory minimum sentence of 60 days’ incarceration. The defendant is not eligible for release from confinement until the entire 60-day mandatory minimum has been served.
The 2026 legislation changed the penalty provision for first responders. It did not replace the elements prosecutors must prove under § 39-13-116(a).
What Does Tennessee Have to Prove for First Responder Assault?
Tenn. Code Ann. § 39-13-116(a) applies to assault against a law-enforcement officer, first responder, or nurse who is discharging or attempting to discharge official duties.
Under the statute, the offense can be committed by knowingly:
- causing bodily injury to the law-enforcement officer, first responder, or nurse; or
- causing physical contact with that person when a reasonable person would regard the contact as extremely offensive or provocative.
The statute expressly identifies conduct including spitting, throwing, or otherwise transferring bodily fluids, bodily pathogens, or human waste onto the protected person as examples of the second form of assault.
Serious physical injury is therefore not required for the non-aggravated offense.
The State must still prove the elements of the charged offense beyond a reasonable doubt. Depending on the allegation, those elements include the required knowing mental state, the status of the alleged victim, whether that person was discharging or attempting to discharge official duties, and the required bodily injury or qualifying physical contact.
Does Any Physical Contact With a First Responder Create a Felony?
No.
Section 39-13-116(a)(2) does not make every accidental or incidental physical encounter with a first responder a felony.
For a contact-based prosecution, the statute requires knowing physical contact, and a reasonable person must regard that contact as extremely offensive or provocative.
That language was examined by the Tennessee Court of Criminal Appeals in the 2026 case State v. George Harris Patterson, III.
In Patterson, the court considered whether evidence involving physical contact with an officer was sufficient under § 39-13-116(a)(2). The Court of Criminal Appeals affirmed the conviction and explained that the statutory examples, such as spitting, do not constitute an exhaustive list of conduct capable of being considered extremely offensive or provocative. The Tennessee Courts docket lists the decision date as March 11, 2026, and reflects an appeal to the Tennessee Supreme Court filed May 28, 2026.
The decision should not be read to mean that every push, touch, or other physical encounter automatically violates § 39-13-116. The statutory mental state, nature of the contact, and circumstances surrounding the encounter still matter.
Who Counts as a First Responder Under Tennessee Law?
The statutory definition matters because § 39-13-116 does not rely simply on the everyday meaning of “first responder.”
For purposes of this statute, a first responder means:
- a firefighter;
- emergency services personnel; or
- another person who responds to calls for emergency assistance from a 911 call.
The definition expressly excludes a law-enforcement officer because law-enforcement officers are treated as a separate protected category under § 39-13-116.
An EMT may fall within the statute’s reference to emergency services personnel or another person responding to a call for emergency assistance from a 911 call. The statute itself does not simply use “EMT” as a substitute for its complete definition.
Whether the alleged victim meets the statutory definition can therefore matter when evaluating the charge.
Were Police Officers Also Changed From a Misdemeanor to a Felony in 2026?
No. This distinction is important to understanding what the 2026 law actually changed.
Tennessee had already classified assault against a law-enforcement officer under § 39-13-116(a) as a Class E felony before the July 2026 amendment.
Immediately before Public Chapter 1104 took effect, the statute provided:
- assault against a law-enforcement officer: Class E felony; and
- assault against a first responder or nurse: Class A misdemeanor.
Public Chapter 1104 moved first responders into the Class E felony provision that already covered law-enforcement officers. It did not make assault against a police officer a felony for the first time.
Are Nurses Included in the New Felony Penalty?
No.
Public Chapter 1104 expressly preserves a separate penalty for non-aggravated assault against a nurse under § 39-13-116(a).
Beginning July 1, 2026:
Assault against a law-enforcement officer or first responder:
Class E felony, mandatory $10,000 fine, and mandatory minimum 60 days’ incarceration.
Assault against a nurse:
Class A misdemeanor, mandatory $5,000 fine, and mandatory minimum 30 days incarceration.
A person convicted under the nurse provision is not eligible for release from confinement until the entire 30-day mandatory minimum has been served.
For that reason, it would be inaccurate to describe the 2026 legislation as making every non-aggravated assault against every professional protected by § 39-13-116 a felony.
What Does a Class E Felony Mean in Tennessee?
Under Tenn. Code Ann. § 40-35-111, the authorized imprisonment term for a Class E felony is not less than one year and not more than six years.
The 60-day provision in § 39-13-116 should not be confused with the entire possible felony sentence.
Instead, § 39-13-116 imposes an offense-specific mandatory period of incarceration. A person convicted of assault against a qualifying first responder cannot be released from confinement until the entire 60-day mandatory minimum has been served.
The statute also imposes a mandatory $10,000 fine. Tennessee’s general Class E felony statute provides a different general fine ceiling but expressly allows another statute to provide otherwise. Section 39-13-116 is that offense-specific provision in a first responder assault case.
The sentence in an individual case must therefore be evaluated under Tennessee sentencing law together with the mandatory requirements specifically imposed by § 39-13-116.
What If Serious Injury, a Weapon, or Strangulation Is Alleged?
Tenn. Code Ann. § 39-13-116 contains a separate offense of aggravated assault against a law-enforcement officer, first responder, or nurse.
Under subsection (b), a person commits aggravated assault when the protected person is discharging or attempting to discharge official duties, the person knowingly commits an assault under subsection (a), and the assault:
- results in serious bodily injury;
- results in death;
- involves the use or display of a deadly weapon; or
- involves strangulation or attempted strangulation.
Aggravated assault under § 39-13-116(b) is a Class C felony and carries a mandatory $15,000 fine and a mandatory minimum of 90 days incarceration. The defendant is not eligible for release from confinement until the entire 90-day mandatory minimum has been served.
There is an additional sentencing issue for these aggravated-assault offenses. Tenn. Code Ann. § 40-35-501(cc) includes the aggravated-assault offenses described in § 39-13-116(b) among offenses subject to enhanced release-eligibility restrictions. The statute provides for service of 100% of the sentence imposed, while allowing satisfactory program-performance credits to reduce by up to 15% the percentage of the sentence that must be served before parole eligibility. Those credits do not change the sentence expiration date.
Public Chapter 1104 did not rewrite the aggravated-assault provision. Its 2026 change addressed the punishment for non-aggravated assault against a first responder.
Must the First Responder Be Performing Official Duties?
Yes.
Section 39-13-116 applies when the first responder is discharging or attempting to discharge official duties.
That means the circumstances surrounding the encounter can be important.
Questions that may require examination include:
- Does the alleged victim meet the statutory definition of a first responder?
- What was the person doing when the alleged incident occurred?
- Was the person responding to an emergency?
- Was the person discharging or attempting to discharge official duties?
- Did physical contact occur?
- Was the alleged conduct knowing?
- Was bodily injury caused?
- If the allegation is based on physical contact rather than injury, would a reasonable person regard the contact as extremely offensive or provocative?
If the requirements of § 39-13-116 cannot be established, that does not by itself mean that no other Tennessee criminal statute could apply to the alleged conduct.
What Issues Can Matter in Defending a First Responder Assault Charge?
A charge under § 39-13-116 should be evaluated against each element the State is required to prove.
Whether the Conduct Was Knowing
The statute requires knowing conduct.
An accidental collision or unintended contact is different from knowingly causing the bodily injury or physical contact addressed by § 39-13-116(a).
Evidence showing what happened immediately before, during, and after the alleged contact may be important when evaluating whether the required mental state can be established.
Whether the Alleged Victim Qualifies as a First Responder
The person’s occupation or title should be evaluated against the statutory definition.
The State must establish that the alleged victim falls within the category protected by the particular charge. For a first responder, that means applying the definition in § 39-13-116 rather than relying solely on the everyday use of the phrase.
Whether Official Duties Were Being Discharged or Attempted
The alleged victim’s role at the time of the encounter is also part of the statutory analysis.
The fact that a person works as a first responder does not eliminate the statutory requirement that the protected person be discharging or attempting to discharge official duties at the time of the alleged assault.
What Video, 911, or Other Evidence Shows
Depending on the circumstances, evidence relevant to the allegation may include:
- 911 recordings;
- dispatch records;
- surveillance footage;
- cellphone recordings;
- available body-camera footage;
- photographs;
- medical evidence; and
- witness statements.
Those materials may provide context that is not fully reflected in an initial report or witness account.
Whether the Alleged Contact Meets the Statutory Standard
When the charge is based on physical contact rather than bodily injury, establishing that some contact occurred is not necessarily sufficient.
The State must prove knowing physical contact that a reasonable person would regard as extremely offensive or provocative.
The circumstances surrounding the alleged contact may therefore be central to determining whether § 39-13-116(a)(2) applies.
What About Self-Defense?
Tennessee’s justification laws can be fact-specific.
One especially important distinction concerns encounters with law-enforcement officers. Tenn. Code Ann. § 39-11-611 provides that force is not justified merely to resist a roadblock, arrest, search, or stop and frisk that a person knows is being conducted by a law-enforcement officer. The statute contains an exception when the officer uses or attempts to use greater force than necessary and the person reasonably believes force is immediately necessary to protect against that greater force.
That specific limitation concerns encounters with known law-enforcement officers. It should not be treated as automatically applying merely because the alleged victim is a firefighter, emergency services worker, or another first responder.
Davis & Hoss discuss Tennessee’s broader justification rules in their guide to self-defense in Tennessee.
Whether self-defense or another justification applies must be evaluated under the law applicable to the particular encounter and the evidence in the case.
What Should Someone Do After Being Charged With Assaulting a First Responder?
A first responder assault allegation can arise from a rapidly developing emergency, medical response, fire scene, 911 call, or other situation involving emergency personnel.
A person facing the charge should not assume that the case can be evaluated solely from the offense name appearing on an arrest report or charging document.
The statutory status of the alleged victim, whether official duties were being performed, the accused person’s mental state, the nature of the alleged contact, and the available evidence may all affect the legal analysis.
Potentially relevant evidence should also be identified and preserved. Depending on the circumstances, this may include videos, photographs, witness information, medical records, 911 recordings, dispatch records, and other documentation concerning the encounter.
How a case is handled can depend on the specific charge and local court procedures.
Davis & Hoss provides criminal defense representation for people facing felony and misdemeanor allegations in Tennessee.
Frequently Asked Questions About Tennessee First Responder Assault Charges
Is Assaulting a First Responder a Felony in Tennessee?
Yes. For qualifying conduct occurring on or after July 1, 2026, assault against a first responder under Tenn. Code Ann. § 39-13-116(a) is a Class E felony.
Public Chapter 1104 changed the punishment for qualifying first responder assault from a Class A misdemeanor to a Class E felony.
What Is the Penalty for Assaulting a First Responder in Tennessee?
The offense carries a mandatory $10,000 fine and a mandatory minimum of 60 days incarceration.
The defendant is not eligible for release from confinement until the full 60-day mandatory minimum has been served.
Because the offense is a Class E felony, Tennessee’s felony sentencing laws also apply to the sentence beyond that mandatory period.
When Did Tennessee Make First Responder Assault a Felony?
The new penalty took effect July 1, 2026.
Senate Bill 1900 and House Bill 2428 resulted in Public Chapter 1104, which changed the penalty for assaulting a qualifying first responder.
Who Qualifies as a First Responder Under Tennessee Law?
For purposes of Tenn. Code Ann. § 39-13-116, a first responder means a firefighter, emergency services personnel, or another person who responds to calls for emergency assistance from a 911 call. The statutory definition excludes law-enforcement officers because they are addressed separately under the statute.
Does First Responder Assault Require Physical Injury?
No.
Bodily injury is one way § 39-13-116(a) can be violated, but the statute also covers knowing physical contact that a reasonable person would regard as extremely offensive or provocative.
Can Spitting on a First Responder Lead to a Felony Charge?
Yes, when the statutory requirements are satisfied.
Section 39-13-116(a)(2) specifically lists spitting as an example of physical contact that may be regarded as extremely offensive or provocative.
For qualifying conduct against a first responder occurring on or after July 1, 2026, an assault under subsection (a) is classified as a Class E felony.
Does the First Responder Have to Be Performing Official Duties?
Yes.
Section 39-13-116 applies when the first responder is discharging or attempting to discharge official duties.
What the alleged victim was doing at the time of the incident can therefore matter when determining whether the statute applies.
Does the New Law Apply to Firefighters and EMTs?
Firefighters are expressly included in the statutory definition.
The statute also covers “emergency services personnel” and other persons responding to calls for emergency assistance from a 911 call. An EMT may fall within those categories depending on the person’s role and circumstances of the response.
Is Every Physical Encounter With a First Responder a Felony?
No.
For a prosecution based on physical contact under § 39-13-116(a)(2), the State must prove knowing contact that a reasonable person would regard as extremely offensive or provocative.
Accidental or incidental physical contact does not automatically establish that offense.
What Makes First Responder Assault an Aggravated Assault?
Under Tenn. Code Ann. § 39-13-116(b), an assault covered by subsection (a) can constitute aggravated assault when the assault results in serious bodily injury or death, involves the use or display of a deadly weapon, or involves strangulation or attempted strangulation.
Aggravated assault under this section is a Class C felony and carries a mandatory $15,000 fine and at least 90 days’ incarceration before release from confinement. Additional release-eligibility restrictions under Tenn. Code Ann. § 40-35-501(cc) also apply.
Facing a First Responder Assault Charge in Tennessee?
Tennessee’s July 1, 2026 law substantially increased the consequences of assaulting a qualifying first responder who is discharging or attempting to discharge official duties.
A conviction under the amended provision is a Class E felony and carries a mandatory $10,000 fine and a mandatory minimum of 60 days’ incarceration before release from confinement is permitted.
The State must still prove every element of § 39-13-116 beyond a reasonable doubt.
The alleged victim’s statutory status, whether the person was performing or attempting to perform official duties, the accused person’s mental state, the nature of the alleged contact, and the available evidence can all matter when evaluating the charge.
If you have been accused of assaulting a first responder in Chattanooga or elsewhere in Tennessee, a criminal defense attorney can review the charge, the available evidence, and how Tennessee law applies to the specific facts of the case.