Tennessee § 39-14-402 - Burglary.

§ 39-14-402. Burglary.

A person commits burglary who, without the effective consent of the property owner: Enters a building other than a habitation (or any portion thereof) not open to the public, with intent to commit a felony, theft or assault; Remains concealed, with the intent to commit a felony, theft or assault, in a building; Enters a building and commits or attempts to commit a felony, theft or assault; or Enters any freight or passenger car, automobile, truck, trailer, boat, airplane or other motor vehicle with intent to commit a felony, theft or assault or commits or attempts to commit a felony, theft or assault. As used in this section, “enter” means: Intrusion of any part of the body; or Intrusion of any object in physical contact with the body or any object controlled by remote control, electronic or otherwise. Burglary under subdivision (a)(1), (2) or (3) is a Class D felony. Burglary under subdivision (a)(4) is a Class E felony. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 22; 1995, ch. 496, § 1. Sentencing Commission Comments. This section and the subsequent burglary statutes are a major change from the prior law. The former distinctions between burglary, burglary in the second degree and burglary in the third degree are eliminated. In addition, the day and night distinction which was previously used for gradation was abandoned because the risks and types of intrusions were the same whether they occurred in the daylight or at night. The requirement of a breaking has also been eliminated. Intrusion with the intent to commit misdemeanor theft is included in burglary because of the practical impossibility of proving that a trespasser intended to steal property of sufficient value to constitute a felony theft. Intrusions with intent to commit misdemeanors other than theft are punishable as attempts or trespasses if the intended offense is not completed. This section, burglary, applies only to intrusions involving buildings that are not habitations and those involving motor vehicles. 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. Penalties for Class D and E felonies, § 40-35-111 . Use of force defending residence against intruder, § 39-11-611 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 26.85, 32.131, 32.192. Tennessee Jurisprudence, 5 Tenn. Juris., Burglary and Housebreaking, §§ 3-5; 8 Tenn. Juris., Criminal Procedure, § 43; 25 Tenn. Juris., Weapons, § 5. Law Reviews. Burglary at Walmart: Innovative Prosecutions of Banned Shoplifters under Tenn. Code. Ann. § 39-14-402 , 11 Tenn. J. L. & Pol'y 81 (2016). The Habitual Offender Laws of Tennessee (Steven W. Feldman), 14 Mem. St. U.L. Rev. 293 (1984).