{"id":376408,"date":"2018-07-27T11:38:21","date_gmt":"2018-07-27T16:38:21","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/tennessee-law\/tennessee-burglary-laws.html"},"modified":"2018-07-27T12:10:42","modified_gmt":"2018-07-27T17:10:42","slug":"tennessee-burglary-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/tennessee-law\/tennessee-burglary-laws.html","title":{"rendered":"Tennessee Burglary Laws"},"content":{"rendered":"\n
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Tennessee Burglary Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Burglary occurs when a person enters a building without permission and with the intent to commit a crime. Since burglary is a crime unto itself, a person can be charged with burglary<\/a> even if the other intended crime wasn’t completed. It’s important to remember that each state has its own definition of burglary<\/a> and may have several statutes that address different circumstances surrounding a burglary. For example, Tennessee separates burglary into three different statutes that each address specific types of burglary.<\/p>\r\n

Important Terms Related to Burglary in Tennessee<\/h2>\r\n

It’s important to know how certain terms are defined to better understand Tennessee burglary laws. For the purposes of burglary, "entering" can occur when any part of the body, an object in physical contact with body, or an object controlled by a remote control enters. Also, Tennessee burglary laws distinguish between a "habitation" and any other type of building. A habitation is any structure that designed or adapted for overnight accommodations, including mobile homes, tents, and trailers.<\/p>\r\n

The Basics of Tennessee Burglary Laws<\/h2>\r\n

When you have a legal question, you typically want a quick and easy answer. And while the best source of information is the actual statute, it usually takes time to understand since laws are written in "legalese." That’s why it can be helpful to also read an overview of the statute in plain English. The chart that follows provides just that – an overview of burglary laws in Tennessee as well as links to relevant statutes.<\/p>\r\n\r\n
Statute(s)<\/b><\/td>\r\n

Tennessee Code, Title 39, Chapter 14, Part 4:<\/p>\r\n

Defining Burglary<\/b><\/td>\r\n

A burglary<\/i> occurs when a person, without consent of the property owner, does any of the following:<\/p>\r\n

Types of Burglary<\/b><\/td>\r\n

Aggravated Burglary<\/i> occurs when a person commits a burglary of a habitation.<\/p>\r\n

Especially Aggravated Burglary<\/i> occurs when a person commits a burglary of a building (including a habitation) and<\/b> where the victim* suffers serious bodily injury.<\/p>\r\n

*A "victim" is anyone who is lawfully on the premises.<\/p>\r\n<\/td>\r\n<\/tr>

Charges<\/b><\/td>\r\n

Burglary<\/i> is a Class D felony<\/b> unless it falls under (d), then it’s a Class E felony<\/b>.<\/p>\r\n

Aggravated Burglary<\/i> is a Class C felony<\/b>.<\/p>\r\n

Especially Aggravated Burglary<\/i> is a Class B felony<\/b>.<\/p>\r\n<\/td>\r\n<\/tr>

Penalties<\/b><\/td>\r\n

The authorized terms of fines and imprisonment for felonies<\/a> are:<\/p>\r\n

Related Statute(s)<\/b><\/td>\r\n

Tennessee Code, Title 39, Chapter 14, Part 4:<\/p>\r\n