Knoxville TN & Area Defense Attorneys | Definitions for Burglary & Burglary related offenses

William C. Talman, P.C.
A Professional Corporation
Attorneys at Law
706 Walnut Street, Suite 602
P.O. Box 506
Knoxville, Tennessee  37901-0506

Telephone:  865-633-9060
Toll Free:   800-759-1020

39-14-401 - Definitions for burglary and related offenses —

As used in this part, unless the context otherwise requires:

(1) "Habitation":

(A) Means any structure, including buildings, module units, mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons;

(B) Includes a self-propelled vehicle that is designed or adapted for the overnight accommodation of persons and is actually occupied at the time of initial entry by the defendant; and

(C) Includes each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with the structure or vehicle;

(2) "Occupied" means the condition of the lawful physical presence of any person at any time while the defendant is within the habitation or other building; and

(3) "Owner" means a person in lawful possession of property whether the possession is actual or constructive. "Owner" does not include a person, who is restrained from the property or habitation by a valid court order or order of protection, other than an ex parte order of protection, obtained by the person maintaining residence on the property.

Range of Punishment for Felonies & Misdemeanors, T.C.A. § 40-35-111

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