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2017 Tennessee Code
Title 39 - Criminal Offenses
Chapter 14 - Offenses Against Property
Part 1 - Theft
§ 39-14-113. Organized Retail Crime Prevention Act.
Universal Citation: TN Code § 39-14-113 (2017)
- (a) This section shall be known and may be cited as the "Organized Retail Crime Prevention Act."
- (b) For purposes of this section, "stored value card" means any card, gift card, instrument, or device issued with or without fee for the use of the cardholder to obtain money, goods, services, or anything else of value. Stored value cards include, but are not limited to, debit cards issued for use as a stored value card or gift card, and an account identification number or symbol used to identify a stored value card. "Stored value card" does not include a prepaid card usable at multiple, unaffiliated merchants or at automated teller machines, or both.
- (c) A person commits the offense of organized retail crime when the person:
- (1) Works with one (1) or more persons to commit theft of any merchandise with a value exceeding one thousand dollars ($1,000) aggregated over a ninety-day period with the intent to sell that property for monetary or other gain, or to fraudulently return the merchandise to a retail merchant; or
- (2) Receives, possesses, or purchases any merchandise or stored value cards obtained from a fraudulent return with the knowledge that the property was obtained in violation of § 39-14-103 or § 39-14-146.
- (d) A violation of this section shall be punished as theft pursuant to § 39-14-105.
- (e) Any interest in property acquired or maintained in violation of this section shall be subject to forfeiture as provided by chapter 11, part 7 of this title.
- (f) Any sale or purchase of stored value cards by persons or merchants other than the original issuer or the issuer's authorized agent shall be subject to the recording procedures provided by the Tennessee Pawnbroker's Act of 1988, compiled in title 45, chapter 6, part 2.
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