Tennessee Code Annotated
Tenn. Code Ann. § 39-13-1002 (2026)
Burglary
✓ current as of May 2026
- (a) A person commits burglary who, without the effective consent of the property owner:
- (1) Enters a building other than a habitation, or any portion of the building, 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.
- (b) As used in this section, "enter" means:
- (1) Intrusion of any part of the body; or
- (2) Intrusion of any object in physical contact with the body or any object controlled by remote control, electronic or otherwise.
- (c) Burglary under subdivision (a)(1), (2), or (3) is a Class D felony.
- (d) Burglary under subdivision (a)(4) is a Class E felony.
Added by 2021 Tenn. Acts, ch. 545, s 2, eff. 7/1/2021.
Notes of Decisions
Cited in 20
cases (19 in the last 5 years), 2018–2026 · leading case: United States v. Jermaine Kimbrough, 138 F.4th 473 (6th Cir. 2025).
United States v. Jermaine Kimbrough, 138 F.4th 473 (6th Cir. 2025). “See Tenn. Code Ann. §§ 39-13-1002 (a), 39-13-1003(a).”
State of Tennessee v. William C. Sutton (Tenn. Crim. App. 2025). “]” Tenn. Code Ann. § 39-13-1002 (a)(3). Section 39-13-1002(b)(1) defines “enter” as the “intrusion of any part of the body,” and Section 39-11-106(a)(11) defines “effective consent” as “assent in fact, whether express or apparent.”
State of Tennessee v. Elliot Arnaz Price (Tenn. Crim. App. 2026). ““Habitation” includes “any structure, including buildings, module units, mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons[.”
State of Tennessee v. Christopher Glenn Clark (Tenn. Crim. App. 2025). “As charged in this matter, “[a] person commits burglary who, without the effective consent of the property owner enters a building other than a habitation .”
State of Tennessee v. Bernard Woodard (Tenn. Crim. App. 2021). ““Value” is generally defined as: 2 The statutory provisions regarding the offense of burglary have since been moved to Tennessee Code Annotated section 39-13-1002. -8- (i) The fair market value of the property or service at the time and place of the offense; or (ii) If the fair…”
State of Tennessee v. Jason Patrick Odom (Tenn. Crim. App. 2025). ““A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner’s effective consent.”
State of Tennessee v. Alphonso Elexander (Tenn. Crim. App. 2025). “]” Tenn. Code Ann. § 39-13-1002 (a). Aggravated burglary is burglary of a habitation.”
State of Tennessee v. Serena N. Hammond (Tenn. Crim. App. 2025). “” T.C.A. §§ 39-13-1002; -1003. Tennessee Code Annotated section 39- 12-302(a) provides that “a crime of force or violence committed while acting in concert with two (2) or more other persons shall be classified one (1) classification higher than if it was committed alone.”
State of Tennessee v. David Keith Gunn (Tenn. Crim. App. 2026). “” Tenn. Code Ann. §§ 39-13-1002 & 39-13-1003.”
State of Tennessee v. Parnell Quinn Short (Tenn. Crim. App. 2026). “” T.C.A.§ 39-13-1002. The trial court then considered the Defendant’s prior conviction for being a felon in possession of a firearm.”
State of Tennessee v. Shay Tyler Little (Tenn. Crim. App. 2026). “Tenn. Code Ann. §§ 39-13-1002 (a)(1), -1003(a).”
State of Tennessee v. Howard Melton (Tenn. Crim. App. 2018). “§ 39-13-1002(8)(G). Appellate review of the determination of lasciviousness is a mixed question of fact and law.”
— Tenn. Code Ann. § 39-13-1002(8)(G) — 1 case
State of Tennessee v. Howard Melton (Tenn. Crim. App. 2018). “§ 39-13-1002(8)(G). Appellate review of the determination of lasciviousness is a mixed question of fact and law.”
— Tenn. Code Ann. § 39-13-1002(a)(1) — 4 cases
State of Tennessee v. Elliot Arnaz Price (Tenn. Crim. App. 2026). ““Habitation” includes “any structure, including buildings, module units, mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons[.”
State of Tennessee v. Jackie Dean Miller (Tenn. Crim. App. 2022).
State of Tennessee v. Christopher Glenn Clark (Tenn. Crim. App. 2025). “As charged in this matter, “[a] person commits burglary who, without the effective consent of the property owner enters a building other than a habitation .”
State of Tennessee v. Jeffrey W. Dean (Tenn. Crim. App. 2025).
— Tenn. Code Ann. § 39-13-1002(a)(3) — 1 case
State of Tennessee v. William C. Sutton (Tenn. Crim. App. 2025). “]” Tenn. Code Ann. § 39-13-1002 (a)(3). Section 39-13-1002(b)(1) defines “enter” as the “intrusion of any part of the body,” and Section 39-11-106(a)(11) defines “effective consent” as “assent in fact, whether express or apparent.”
— Tenn. Code Ann. § 39-13-1002(a)(4) — 1 case
State of Tennessee v. Jason Patrick Odom (Tenn. Crim. App. 2025). ““A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner’s effective consent.”
— Tenn. Code Ann. § 39-13-1002(b)(1) — 1 case
State of Tennessee v. William C. Sutton (Tenn. Crim. App. 2025). “]” Tenn. Code Ann. § 39-13-1002 (a)(3). Section 39-13-1002(b)(1) defines “enter” as the “intrusion of any part of the body,” and Section 39-11-106(a)(11) defines “effective consent” as “assent in fact, whether express or apparent.”
— Tenn. Code Ann. § 39-13-1002(c) — 1 case
State of Tennessee v. Elliot Arnaz Price (Tenn. Crim. App. 2026). ““Habitation” includes “any structure, including buildings, module units, mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons[.”
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