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2021 Tennessee Code
Title 39 - Criminal Offenses
Chapter 14 - Offenses Against Property
Part 1 - Theft
§ 39-14-146. Theft of Property — Conduct Involving Merchandise

Universal Citation: TN Code § 39-14-146 (2021)
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  1. For purposes of § 39-14-103, a person commits theft of property if the person, with the intent to deprive a merchant of the stated price of merchandise, knowingly commits any of the following acts:

    1. Conceals the merchandise;

    2. Removes, takes possession of, or causes the removal of merchandise;

    3. Alters, transfers or removes any price marking, or any other marking which aids in determining value affixed to the merchandise;

    4. Transfers the merchandise from one (1) container to another;

    5. Causes the cash register or other sales recording device to reflect less than the merchant's stated price for the merchandise;

    6. Removes, destroys, deactivates, or evades any component of an anti-shoplifting or inventory control device to commit or facilitate a theft;

    7. Uses any artifice, instrument, container, device, or other article to commit or facilitate a theft; or

    8. Activates or interferes with a fire alarm system to commit or facilitate a theft.

  2. In a theft prosecution under this section, unless applicable, the state is not required to prove that the defendant obtained or exercised control over the merchandise as required in a prosecution under § 39-14-103.

  3. Notwithstanding any other law, a fifth or subsequent conviction in a two-year period shall be punished one (1) classification higher than provided by § 39-14-105, and subject to a fine of not less than three hundred dollars ($300) nor more than the maximum fine established for the appropriate offense classification.
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