Tennessee Code Annotated

Tenn. Code Ann. § 39-14-403 (2026)

[Repealed]

✓ current as of May 2026
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Repealed by 2021 Tenn. Acts, ch. 545, s 3, eff. 7/1/2021.

Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 23.


Notes of Decisions
Cited in 293 cases (17 in the last 5 years), 1993–2026 · leading case: United States v. Victor Stitt, 860 F.3d 854 (6th Cir. 2017).
United States v. Victor Stitt, 860 F.3d 854 (6th Cir. 2017). · cites it 4× “In 2007, we held that a conviction under Tennessee’s aggravated- burglary statute, Tenn. Code Ann. § 39-14-403 , categorically qualifies as an enumerated “violent felony” that triggers a sentencing enhancement under the Armed Career Criminal Act (“ACCA”), 18 U.”
State of Tennessee v. Christopher Minor, 546 S.W.3d 59 (Tenn. 2018). · cites it 4× “5 Tenn. Code Ann. § 39-14-403 (2014). 6 Tenn.”
State v. Alvarado, 961 S.W.2d 136 (Tenn. Crim. App. 1996). · cites it 8× “Tenn. Code Ann. § 39-14-403 (a); see Tenn.”
State of Tennessee v. Larry Jereller Alston, Kris Theotis Young, & Joshua Edward Webb, 465 S.W.3d 555 (Tenn. 2015). · cites it 7× “Tenn. Code Ann. § 39-14-403 ; see also State v.”
State v. Sisk, 343 S.W.3d 60 (Tenn. 2011). · cites it 2× “At the conclusion of its deliberations, the jury returned verdicts of guilt for aggravated burglary, a Class C felony, see Tenn.Code Ann. § 39-14-403(b) *64 (2003); theft of property valued at $10,000 or more but less than $60,000, a Class C felony, see Tenn.”
United States v. Cesar Bernel-Aveja, 844 F.3d 206 (5th Cir. 2016). · cites it 4× “But the court held in Pledge that “[a] burglary under Tenn. Code Ann. § 39-14-403 qualifies as a generic burglary offense and is categorically a violent felony.”
State v. King, 432 S.W.3d 316 (Tenn. 2014). · cites it 2× “See Tenn.Code Ann. §§ 39-14-403 (2010), - 105(2) (2010 & Supp.”
State v. James, 315 S.W.3d 440 (Tenn. 2010). · cites it 2× “” Tenn.Code Ann. § 39-14-403(a) (2006). A “habitation” is defined as “any structure .”
State of Tennessee v. Susan Renee Bise, 380 S.W.3d 682 (Tenn. 2012). “§ 39-14-403(a). Section 39 — 14—401(1)(A) defines a "habitation” as "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. Willie Duncan, 505 S.W.3d 480 (Tenn. 2016). · cites it 2× “Tenn. Code Ann. § 39-14-403 (2014). 5 . Tenn.”
United States v. Stitt, 139 S. Ct. 399 (2018). “" Tenn. Code Ann. § 39-14-403 (a) (1997). It further defines "[h]abitation" to include: (1) "any structure, including .”
State v. Scarborough, 201 S.W.3d 607 (Tenn. 2006). · cites it 2× “§§ 39-14-403(b), 39-13-505(e). Scarborough was incarcerated for his crimes and, on April 22, 1999, participated in the prison facility’s health screening for new inmates.”
— Tenn. Code Ann. § 39-14-403(a) — 58 cases
State v. Alvarado, 961 S.W.2d 136 (Tenn. Crim. App. 1996). “Tenn. Code Ann. § 39-14-403 (a); see Tenn.”
State v. James, 315 S.W.3d 440 (Tenn. 2010). “” Tenn.Code Ann. § 39-14-403(a) (2006). A “habitation” is defined as “any structure .”
State of Tennessee v. Susan Renee Bise, 380 S.W.3d 682 (Tenn. 2012). “§ 39-14-403(a). Section 39 — 14—401(1)(A) defines a "habitation” as "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. Larry Jereller Alston, Kris Theotis Young, & Joshua Edward Webb, 465 S.W.3d 555 (Tenn. 2015). “Tenn. Code Ann. § 39-14-403 ; see also State v.”
Rashe Moore v. State of Tennessee, 485 S.W.3d 411 (Tenn. 2016).
— Tenn. Code Ann. § 39-14-403(b) — 18 cases
State v. Sisk, 343 S.W.3d 60 (Tenn. 2011). “At the conclusion of its deliberations, the jury returned verdicts of guilt for aggravated burglary, a Class C felony, see Tenn.Code Ann. § 39-14-403(b) *64 (2003); theft of property valued at $10,000 or more but less than $60,000, a Class C felony, see Tenn.”
State v. Scarborough, 201 S.W.3d 607 (Tenn. 2006). “§§ 39-14-403(b), 39-13-505(e). Scarborough was incarcerated for his crimes and, on April 22, 1999, participated in the prison facility’s health screening for new inmates.”
State v. Samuel, 243 S.W.3d 592 (Tenn. Crim. App. 2007).
State of Tennessee v. David Roger Petty (Tenn. Crim. App. 2017).
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