Tennessee § 39-14-116 - Hindering secured creditors.

§ 39-14-116. Hindering secured creditors.

A person who claims ownership of or interest in any property which is the subject of a security interest, security agreement, deed of trust, mortgage, attachment, judgment or other statutory or equitable lien commits an offense who, with intent to hinder enforcement of that interest or lien, destroys, removes, conceals, encumbers, transfers, or otherwise harms or reduces the value of the property. For purposes of this section, unless the context otherwise requires: “Remove” means transport, without the effective consent of the secured party, from the state or county in which the property was located when the security interest or lien attached; and “Security interest” means an interest in personal property or fixtures that secures payment or performance of an obligation. An offense under this section is a Class E felony. Acts 1989, ch. 591, § 1. Sentencing Commission Comments. See § 39-11-106 for the definition of “property” found in this section. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Fraudulent sale of pledged property, venue of prosecution, § 40-1-104 . Penalty for Class E felony, § 40-35-111 . Uniform Commercial Code, Secured Transactions, title 47, ch. 9. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 30.66. Tennessee Jurisprudence, 4 Tenn. Juris., Bankruptcy, § 41. Law Reviews. Commercial Transactions and Personal Property — 1963 Tennessee Survey (John A. Spanogle Jr.), 17 Vand. L. Rev. 929 (1964). Attorney General Opinions. Constitutionality, OAG 94-070 (5/19/94).