Tennessee Code Annotated
Tenn. Code Ann. § 39-11-115 (2026)
Determination of value
✓ current as of May 2026
Whenever a determination of value is necessary to assess the class of an offense in this code or the level of punishment, the determination of value shall be made by the trier of fact beyond a reasonable doubt.
Acts 1989, ch. 591, § 1.
Notes of Decisions
Cited in 12
cases (8 in the last 5 years), 2018–2026 · leading case: State of Tennessee v. Ellen Becker Goldberg (Tenn. Crim. App. 2019).
State of Tennessee v. Ellen Becker Goldberg (Tenn. Crim. App. 2019). “at *3 (quoting T.C.A. § 39-11-115). Ashley N. Menke likewise noted that the Legislature explicitly provided for retrospective application in some instances when it enacted the Tennessee Criminal Sentencing Reform Act of 1989, and the court concluded that the omission of a like…”
State of Tennessee v. Stephen C. Wallick (Tenn. Crim. App. 2021). “” Tenn. Code Ann. § 39-11-115 . Theft of property valued at $60,000 or more but less than $250,000 is a Class B felony.”
State of Tennessee v. Teresa Sumpter (Tenn. Crim. App. 2022). “” Tenn. Code Ann. § 39-11-115 . Theft of property valued at $250,000 or more is a Class A felony.”
State of Tennessee v. Billy Ray Moats (Tenn. Crim. App. 2020). “Our pattern jury instructions, which were given in the Defendant’s case, provide that the jury first determines a defendant’s guilt relative to theft before setting the property’s value. See Jones, 589 S.”
State of Tennessee v. Bernard Woodard (Tenn. Crim. App. 2021). “2019) (citing T.C.A. § 39-11-115). The value of property is the fair market value rather than the original cost of the item.”
State of Tennessee v. Jevon Brodie & Tavares Harbison (Tenn. Crim. App. 2024). “” Tenn. Code Ann. § 39-11-115 . Theft of property valued at greater than $10,000, but less than $60,000, is a Class C Felony.”
State of Tennessee v. Todd Allen Robbins (Tenn. Crim. App. 2024). “See Tenn. Code Ann. § 39-11-115 (2018). 1 The Defendant was convicted of first degree premeditated murder and first degree murder in the perpetration of a theft, and the trial court merged these convictions.”
State of Tennessee v. John M. Fletcher (Tenn. Crim. App. 2024). “See Tenn. Code Ann. § 39-11-115 (2018). This interpretation is consistent with the supreme court’s application of the insurance fraud statute.”
State of Tennessee v. Scott Bradley Price (Tenn. Crim. App. 2026). “1981); see also Tenn. Code Ann. § 39-11-115 (“Whenever a determination of value is necessary to assess the class of an offense in this -6- code or the level of punishment, the determination of value shall be made by the trier of fact beyond a reasonable doubt.”
State of Tennessee v. Jeremy Brian Poe (Tenn. Crim. App. 2026). “” Tenn. Code Ann. § 39-11-115 . Theft of property valued at greater than $10,000, but less than $60,000, is a Class C Felony.”
State of Tennessee v. Ashley N. Menke (2018). “]”4 Tenn. Code Ann. § 39-11-115 . Although a determination of value is necessary to convict a defendant, a jury does not determine the class or impose punishment for theft other than setting the amount of a fine, if the setting of fines by the jury is not waived.”
State of Tennessee v. Denton Jones (2019). “The ultimate determination of the stolen property’s value is a jury question, Tenn. Code Ann. § 39-11-115 (2014), and our pattern jury instructions provide that the jury is to determine value only after having first found the defendant guilty of theft, see T.”
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