# Tenn. Code Ann. § 39-13-1002: Burglary

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C13_S39-13-1002

## Section

- **Citation:** Tenn. Code Ann. § 39-13-1002
- **Heading:** Burglary
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 39 / Chapter 13 / Section 39-13-1002

## Text

(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 of the building, 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. Added by 2021 Tenn. Acts, ch. 545, s 2, eff. 7/1/2021.
(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 of the building, 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.
(1) Enters a building other than a habitation, or any portion of the building, 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.
(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.
Added by 2021 Tenn. Acts, ch. 545, s 2, eff. 7/1/2021.

## Nearby sections

- [Tenn. Code Ann. § 39-13-101 Assault](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C13_S39-13-101.md)
- [Tenn. Code Ann. § 39-13-102 Aggravated assault](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C13_S39-13-102.md)
- [Tenn. Code Ann. § 39-13-103 Reckless endangerment](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C13_S39-13-103.md)
- [Tenn. Code Ann. § 39-13-104 Effective consent](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C13_S39-13-104.md)
- [Tenn. Code Ann. § 39-13-105 Other offenses - Physical injury to victim](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C13_S39-13-105.md)
- [Tenn. Code Ann. § 39-13-106 Vehicular assault](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C13_S39-13-106.md)
- [Tenn. Code Ann. § 39-13-107 Fetus as victim](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C13_S39-13-107.md)
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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C13_S39-13-1002. Check the current official text before relying on it. Not legal advice.