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39-14-402  -  Burglary



(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 thereof) 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.



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





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