TCA 40-17-104
Petition for protective order prohibiting the defendant and defendant’s counsel from publishing victim, informant, or witness’s name, contact information, or statements at any time prior to or during trial – Issuance of p…
FELONY EClass E Felony
Sentence enhancement may apply
What does this charge mean?
This statute is not a criminal offense statute itself, but it allows prosecutors to ask a court for a protective order prohibiting a defendant and defendant's lawyer from publicly releasing or publishing the name, contact information, or statements of a sexual assault victim, police informant, or witness in crimes involving weapons or force, at any time before or during trial. The court can issue this order if it finds good cause (such as protecting witnesses from intimidation or harassment). The statute text appears incomplete in what was provided.
Penalty Details
ClassificationClass E Felony
Maximum Jail1-6 years
Maximum Fine$3,000
Penalty SummaryClass E felony; 1-6 years; fine up to $3,000
(a) If a district attorney general is required to disclose to the defendant information including the name, contact information, or statements of a victim of a sexual offense under title 39, chapter 13, part 5; law enforcement informant, or witness who is expected to testify against a defendant charged with a crime involving a weapon or the use of force, then the district attorney general may petition the court for a protective order prohibiting the defendant and the defendant’s counsel from publishing the victim, informant, or witness’s name, contact information, or statements at any time prior to or during the trial. The petition must: (1) Be certified or supported by an affidavit of the victim, informant, or witness; (2) Identify the specific information that should be subject to prohibition from publication; and (3) Show good cause for issuing the protective order, which may include that allowing the defendant to publish the information is likely to result in coercion, intimidation, or harassment designed to discourage the victim, informant, or witness from testifying at trial or appearing as a witness. (b) If, after reviewing the petition, the court finds there is good cause for prohibiting the publishing of the information, then the court shall issue the protective order expressly limiting the publication of the victim, informant, or witness’s information at any time prior to or during the trial. (c) This section does not restrict the right of a defendant or defendant’s counsel to conduct an investigation or interviews to be used at trial. (d) A person who knowingly violates a protective order issued pursuant to this section commits a Class E felony.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
FELONY E
TCA Section40-17-104
Max Jail1-6 years
Max Fine$3,000