Tennessee § 39-14-103 - Theft of property.

§ 39-14-103. Theft of property.

A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent. As a condition of pretrial diversion, judicial diversion, probation or parole for a violation of subsection (a) when the violation occurs as set out in subdivision (b)(2), the person may be required to perform debris removal, clean-up, restoration, or other necessary physical labor at a location within the area affected by the disaster or emergency that is in the county where the offense occurred. The condition of pretrial diversion, judicial diversion, probation or parole containing the requirement set out in subdivision (b)(1) may be used if the violation of subsection (a) occurs: During or within thirty (30) days following the occurrence of a tornado, flood, fire, or other disaster or emergency, as defined in § 58-2-101; Within the area affected by the disaster or emergency; and When, as a result of the disaster or emergency, the owner of the property taken, or the person charged with custody of the property, is unable to adequately guard, secure or protect the property from theft. Subdivision (b)(2) shall apply regardless of whether a state of emergency has been declared by a county, the governor, or the president of the United States at the time of or subsequent to the theft. Any period of physical labor required pursuant to subdivision (b)(1) shall not exceed the maximum sentence authorized pursuant to § 39-14-105. Acts 1989, ch. 591, § 1; 2011, ch. 322, § 1. Sentencing Commission Comments. This section is the primary generic theft statute. It punishes theft of property as defined in § 39-11-106 . Special provisions concerning theft of property from a retail merchant are found in § 39-14-146 . Compiler's Notes. Acts 2011, ch. 322, § 2 provided that the act, which added subsection (b), shall apply to violations committed on or after May 27, 2011. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Alleging embezzlement and breach of trust, § 40-13-221 . Arson, § 39-14-301 . Burglary, § 39-14-402 . Clerk of court, embezzlement by, § 18-2-105 . Criminal conspiracy, § 39-12-103 . Criminal impersonation, § 39-16-301 . Criminal simulation, § 39-14-115 . Destruction of valuable papers with intent to defraud, § 39-14-130 . Failure of tax collector to pay money into state treasury, penalty, § 67-1-1625 . Forfeiture of conveyances used in receiving stolen goods, title 40, ch. 33. Forgery, § 39-14-114 . Hindering secured creditors, § 39-14-116 . Jury may provide punishment for less than year, § 40-20-103 . Military property, § 58-1-623 . Restitution ordered on conviction, § 40-20-116 . Search warrant for stolen property, § 40-6-102 . Taxing costs after settlement of prosecution for embezzlement, § 40-25-128 . Theft, detention of suspect, § 40-7-116 . Theft in retail or wholesale establishment — Arrest by peace officer without warrant, § 40-7-117 . Theft of property; merchandise, § 39-14-146 . Theft of services, § 39-14-104 . Use of citations in lieu of continued custody of an arrested person, § 40-7-118 . Vandalism, § 39-14-408 . Vandalism of caves or caverns, § 11-5-108 . Worthless checks, § 39-14-121 . Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), § 751. Tennessee Criminal Practice and Procedure (Raybin), §§ 15.13, 16.20, 18.158, 22.34, 27.97, 28.91, 30.66, 32.131. Tennessee Jurisprudence, 4 Tenn. Juris., Bailments, § 6; 10 Tenn. Juris., Double Jeopardy, § 11; 17 Tenn. Juris., Larceny and Theft, §§ 1-5, 11, 12. Law Reviews. Out of Sight, Out of Mind, The Plight of the Habitual Criminal (Ray L. Jenkins), 26 Tenn. L. Rev. 259 (1959).