Tennessee Code Annotated
Tenn. Code Ann. § 39-14-404 (2026)
[Repealed]
✓ current as of May 2026
Repealed by 2021 Tenn. Acts, ch. 545, s 3, eff. 7/1/2021.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 24.
Notes of Decisions
Cited in 63
cases (3 in the last 5 years), 1992–2023 · leading case: State v. Holland, 860 S.W.2d 53 (Tenn. Crim. App. 1993).
State v. Holland, 860 S.W.2d 53 (Tenn. Crim. App. 1993). “Tenn.Code Ann. § 39-14-404 (1991 Repl.). A burglary is committed when one “without the effective consent of the property owner .”
State v. Alvarado, 961 S.W.2d 136 (Tenn. Crim. App. 1996). “[3] In Oller , the conviction for especially aggravated burglary was reduced to burglary under Tenn. Code Ann. § 39-14-404 (d). 851 S.W.”
State v. Watkins, 362 S.W.3d 530 (Tenn. 2012). “§ 39-14-149(c) (2010) ("If conduct that violates this section [a]lso constitutes a violation of § 39-14-104 relative to theft of services, that conduct may be prosecuted under either, but not both, statutes as provided in § 39-11-109.”
State v. Zonge, 973 S.W.2d 250 (Tenn. Crim. App. 1997). “See T.C.A. § 39-14-404. Under T.C.A. § 39-14-404(a), especially aggravated burglary is a burglary of a habitation or building that results in serious bodily injury.”
State of Tennessee v. Joseph Tolbert III a/k/a Micah Joshua Ford, 507 S.W.3d 197 (Tenn. Crim. App. 2016). “T.C.A. 39-14-404(a)(1), (2). Aggravated burglary is defined as the burglary of a habitation.”
State of Tennessee v. Antonio Henderson, 531 S.W.3d 687 (Tenn. 2017). “” Tenn. Code Ann. § 39-14-404 (a) (2010) (footnote added).”
State v. Oller, 851 S.W.2d 841 (Tenn. Crim. App. 1992). “He relies upon the following language in T.C.A. 39-14-404(d) dealing with especially aggravated burglary: Acts which constitute an offense under this section may be prosecuted under this section or any other applicable section, but not both.”
Michael Blaine Ward, II v. State of Tennessee (Tenn. Crim. App. 2012). “er written notice of an alibi witness, (3) present material evidence at the trial, (4) object to inadmissible evidence and prosecutorial misconduct, (5) require the State to elect a single means by which the charged offenses were committed, (6) object to improper jury…”
State of Tennessee v. Roderick Davis (Tenn. Crim. App. 2004). “See Tenn. Code Ann. § 39-14-404 (a) (2003). Significantly, for purposes of the present case, “[a]cts which constitute an offense under [section 39-14-404] may be prosecuted under [section 39-14-404] or any other applicable section, but not both.”
State of Tennessee v. Michael D. Fykes (Tenn. Crim. App. 2019). “§ 39-14-404(d). “[W]hen serious bodily injury to a victim is used to convict a defendant of both especially aggravated burglary and another offense requiring serious bodily injury, the especially aggravated burglary conviction must be reduced to aggravated burglary.”
State of Tennessee v. Aaron Tate (Tenn. Crim. App. 2013). “§ 39-14-404 (2010). We have reduced Tate’s conviction from especially aggravated burglary to aggravated burglary, which we discuss in further detail later in this opinion.”
State of Tennessee v. Kevin Anthony Dickson, Jr. (Tenn. Crim. App. 2012). “” T.C.A. § 39-14-404(d). “Subsection (d) prohibits using the same act to prosecute for especially aggravated burglary and another offense.”
— Tenn. Code Ann. § 39-14-404(a) — 6 cases
State v. Zonge, 973 S.W.2d 250 (Tenn. Crim. App. 1997). “See T.C.A. § 39-14-404. Under T.C.A. § 39-14-404(a), especially aggravated burglary is a burglary of a habitation or building that results in serious bodily injury.”
State of Tennessee v. Michael D. Fykes (Tenn. Crim. App. 2019). “§ 39-14-404(d). “[W]hen serious bodily injury to a victim is used to convict a defendant of both especially aggravated burglary and another offense requiring serious bodily injury, the especially aggravated burglary conviction must be reduced to aggravated burglary.”
State of Tennessee v. Larry D. Anderson (Tenn. Crim. App. 2003).
State v. Fredrick Zonge (Tenn. Crim. App. 2010).
State of Tennessee v. Donald Jones (Tenn. Crim. App. 2012).
— Tenn. Code Ann. § 39-14-404(a)(1) — 3 cases
State of Tennessee v. Joseph Tolbert III a/k/a Micah Joshua Ford, 507 S.W.3d 197 (Tenn. Crim. App. 2016). “T.C.A. 39-14-404(a)(1), (2). Aggravated burglary is defined as the burglary of a habitation.”
State of Tennessee v.Joseph Anthony Rivera (Tenn. Crim. App. 2016).
State of Tennessee v. Aquellis Quintez Tucker (Tenn. Crim. App. 2008).
— Tenn. Code Ann. § 39-14-404(a)(2) — 1 case
State of Tennessee v. Curtis Keller (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 39-14-404(b) — 3 cases
State of Tennessee v. Curtis Keller (Tenn. Crim. App. 2013).
State of Tennessee v. Rodney Buford (Tenn. Crim. App. 2005).
State of Tennessee v. German Calles (Tenn. Crim. App. 2018).
— Tenn. Code Ann. § 39-14-404(c) — 2 cases
Brian K. Mitchell v. Tony Parker, Warden (Tenn. Crim. App. 2004).
State of Tennessee v. Roderick Davis (Tenn. Crim. App. 2004). “See Tenn. Code Ann. § 39-14-404 (a) (2003). Significantly, for purposes of the present case, “[a]cts which constitute an offense under [section 39-14-404] may be prosecuted under [section 39-14-404] or any other applicable section, but not both.”
— Tenn. Code Ann. § 39-14-404(d) — 32 cases
State v. Holland, 860 S.W.2d 53 (Tenn. Crim. App. 1993). “Tenn.Code Ann. § 39-14-404 (1991 Repl.). A burglary is committed when one “without the effective consent of the property owner .”
State v. Watkins, 362 S.W.3d 530 (Tenn. 2012). “§ 39-14-149(c) (2010) ("If conduct that violates this section [a]lso constitutes a violation of § 39-14-104 relative to theft of services, that conduct may be prosecuted under either, but not both, statutes as provided in § 39-11-109.”
State of Tennessee v. Joseph Tolbert III a/k/a Micah Joshua Ford, 507 S.W.3d 197 (Tenn. Crim. App. 2016). “T.C.A. 39-14-404(a)(1), (2). Aggravated burglary is defined as the burglary of a habitation.”
State v. Oller, 851 S.W.2d 841 (Tenn. Crim. App. 1992). “He relies upon the following language in T.C.A. 39-14-404(d) dealing with especially aggravated burglary: Acts which constitute an offense under this section may be prosecuted under this section or any other applicable section, but not both.”
Michael Blaine Ward, II v. State of Tennessee (Tenn. Crim. App. 2012). “er written notice of an alibi witness, (3) present material evidence at the trial, (4) object to inadmissible evidence and prosecutorial misconduct, (5) require the State to elect a single means by which the charged offenses were committed, (6) object to improper jury…”
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