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Tenn. Code Ann. § 39-14-401

Definitions for burglary and related offenses

Applied in 17 court decisions — leading case Albert Thompson v. Victor Ashe, Mayor, of the City of Knoxville (2001)

Most recently applied in United States v. Bowers (March 2022)

Acts 1989, ch. 591, § 1; 2000, ch. 906, § 1.

How often courts cite this section

1996200020102020202220
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

As used in this part, unless the context otherwise requires:

(1) “Habitation”: Means any structure, including buildings, module units, mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons;

(2) Includes a self-propelled vehicle that is designed or adapted for the overnight accommodation of persons and is actually occupied at the time of initial entry by the defendant; and

(3) Includes each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with the structure or vehicle;

(4) “Occupied” means the condition of the lawful physical presence of any person at any time while the defendant is within the habitation or other building; and

(5) “Owner” means a person in lawful possession of property whether the possession is actual or constructive. “Owner” does not include a person, who is restrained from the property or habitation by a valid court order or order of protection, other than an ex parte order of protection, obtained by the person maintaining residence on the property.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.