A Durham County jury found TikTok influencer Brenay Kennard liable in Akira Montague’s civil suit, and the resulting judgment totaled $1.75 million in compensatory damages: $1.5 million for alienation of affection and $250,000 for criminal conversation. The judgment is being appealed; a March 2026 order allowed enforcement to be paused while the appeal proceeds, subject to a $40,000 undertaking. The order does not establish that Kennard has paid the award or that an appeals court has upheld or reversed it.
Why was the TikToker ordered to pay $1.75 million?
On November 10, 2025, a Durham County jury found Kennard liable in Montague’s civil case. The News & Observer reported that the jury awarded $1.5 million for alienation of affection and $250,000 for criminal conversation, for a total of $1.75 million in compensatory damages. The News & Observer updated its report on November 13, 2025. The News & Observer’s verdict report
| Claim | Compensatory award |
|---|---|
| Alienation of affection | $1.5 million, as reported by The News & Observer in 2025 |
| Criminal conversation | $250,000, as reported by The News & Observer in 2025 |
| Total | $1.75 million, as reported by The News & Observer in 2025 |
That award was not the full amount Montague sought. A News & Observer follow-up said she sought $3.5 million in total, combining compensatory and punitive damages across the two claims. The $1.75 million verdict was compensatory; the other $1.75 million she sought was punitive damages, which are intended to punish and deter rather than compensate for loss. The follow-up reported that North Carolina punitive damages require compensatory liability and at least one aggravating factor—fraud, malice, or willful or wanton conduct. A punitive-damages trial was expected in 2026, but the sources available do not establish whether it took place or resulted in an additional award. The News & Observer’s report on the damages sought
What is alienation of affection?
Alienation of affection is a civil claim concerning the loss of love and affection within a marriage allegedly caused by another person’s malicious acts. In the North Carolina Court of Appeals opinion Fish v. Stetina, the court described the general elements as proof of: (1) a marriage in which love and affection existed between the spouses; (2) the alienation of that affection; and (3) malicious acts by the defendant that produced the loss. Those are general legal elements from a different case, not a summary of every trial instruction or finding in Montague’s case. North Carolina Court of Appeals opinion, Fish v. Stetina
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What is criminal conversation?
Criminal conversation is a separate civil claim. Fish v. Stetina describes its general elements as an actual marriage and sexual intercourse between the defendant and the plaintiff’s spouse during that marriage. The claim is distinct from alienation of affection, even though both were part of Montague’s case and both concern conduct involving a marriage. The legal elements do not mean that every affair or relationship automatically qualifies.
Why does separation matter to these claims?
North Carolina law makes the date the spouses physically separated with the intent that the separation be permanent important to both claims. Fish v. Stetina quotes the statutory rule that acts occurring after that separation do not give rise to these causes of action. The timing requirement is a legal boundary; the existence of a relationship by itself does not establish liability.
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Is the $1.75 million judgment being appealed?
Yes. The News & Observer reported that Kennard filed an appeal with the North Carolina Court of Appeals on January 14, 2026. At a March 24, 2026 hearing, Judge Hoyt Tessener ordered a $40,000 undertaking to stay enforcement while the appeal proceeds. The stay pauses enforcement subject to that undertaking; it is not a ruling that the judgment was reversed, and it does not show that the award was paid. No final appellate decision is established by the reporting cited here. The News & Observer’s report on the appeal and stay
Was there also a criminal case?
Yes, but it was separate from Montague’s civil suit. The News & Observer reported that Durham prosecutors dropped a cyberstalking charge against Kennard in May 2026, citing insufficient evidence. That development does not reverse or dismiss the civil judgment. The News & Observer’s report on the dropped charge
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Senate Bill 836, introduced in the North Carolina General Assembly on April 28, 2026, proposed abolishing the common-law claims of alienation of affection and criminal conversation. The bill text said the proposal would not affect cases pending when the act became law. The official bill text alone does not establish whether SB 836 passed or became law, so it is not sufficient to say the claims have been abolished. North Carolina Senate Bill 836
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