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Panel advances bill to make telecommunication fraud a felony; committee raises jurisdiction questions
Summary
Lawmakers voted to move House Bill 15 42, which would raise telecommunication fraud from a misdemeanor to a class C felony, while legal counsel said state prosecution generally requires the crime be committed in Tennessee and cross‑border incidents may be federal matters.
Representative Ashley introduced House Bill 15 42 after citing summer incidents of telecommunication fraud that preyed on residents; the sponsorship text would reclassify the offense from a class A misdemeanor to a class C felony when committed with intent to deprive an owner of property by using telecommunications.
Members questioned how the change would affect jurisdiction when perpetrators operate from other states or abroad. Legal counsel Michelle Fogarty (Legal Services) told the committee "the crime would have to be committed in this state" for state prosecution and that cases crossing state lines could be federal offenses. She added prosecuting out‑of‑state defendants would be difficult if the defendant is not present in Tennessee.
After discussion the committee voted to send House Bill 15 42 to finance ways and means (18 ayes, 0 nos).
Next steps: The bill is scheduled for consideration in the finance committee.
