Public-domain · open source
OpenJurist

Tenn. Code Ann. § 39-14-402

Burglary

Applied in 47 court decisions — leading case United States v. Constante (2008)

Most recently applied in Christopher Mitchell v. United States (August 2022)

Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 22; 1995, ch. 496, § 1.

How often courts cite this section

1993200020102020202240
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.

(1) 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;

(2) Remains concealed, with the intent to commit a felony, theft or assault, in a building;

(3) Enters a building and commits or attempts to commit a felony, theft or assault; or

(4) 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.

(5) As used in this section, “enter” means: Intrusion of any part of the body; or

(6) Intrusion of any object in physical contact with the body or any object controlled by remote control, electronic or otherwise.

(7) Burglary under subdivision (a)(1), (2) or (3) is a Class D felony.

(8) Burglary under subdivision (a)(4) is a Class E felony.

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.