Tennessee Criminal Lawyer Blog

Tennessee’s modern burglary statute, TCA § 39-14-402, was amended in 1995, and represents a significant change from the previous burglary statute. Among the changes that took place in 1995 were the elimination of degrees of burglary and the distinction between night and day that was used to determine the gradation of the offense. This distinction was eliminated because the legislature determined that the risks involved were the same whether the act occurred during night or day.

Currently, a person facing burglary charges in Tennessee who, without consent of the property owner, commits one of four acts. First, a person commits burglary when entering a building other than a habitation, not open to the public, with intent to commit a felony, theft, or assault. Under this section, “habitation” means any structure, including buildings, module units, mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons. Thus, burglary is committed for entering any building that is not used to accommodate persons overnight.

Second, a person commits burglary when remaining concealed, with the intent to commit a felony, theft, or assault, in a building. Third, a person commits burglary who enters a building and commits or attempts to commit a felony, theft, or assault. The burglary charge would be in addition to any charge for the felony, theft, or assault, thus resulting in more severe Tennessee criminal charges for the accused to face.

Fourth, a person commits burglary who enters any train, automobile, truck, trailer, boat, airplane or other motor vehicle with the intent to commit a felony, theft, or assault or commits or attempts to commit a felony, theft or assault. This charge would also be in addition to any charge for actually committing the offense.