# Tenn. Code Ann. § 39-14-401: Definitions for burglary and related offenses

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-401

## Section

- **Citation:** Tenn. Code Ann. § 39-14-401
- **Heading:** Definitions for burglary and related offenses
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 39 / Chapter 14 / Section 39-14-401

## Text

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. Acts 1989, ch. 591, § 1; 2000, ch. 906, § 1.
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;
(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.
Acts 1989, ch. 591, § 1; 2000, ch. 906, § 1.

## Nearby sections

- [Tenn. Code Ann. § 39-14-101 Consolidation of theft offenses](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-101.md)
- [Tenn. Code Ann. § 39-14-102 Part definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-102.md)
- [Tenn. Code Ann. § 39-14-103 Theft of property](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-103.md)
- [Tenn. Code Ann. § 39-14-104 Theft of services](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-104.md)
- [Tenn. Code Ann. § 39-14-105 Grading of theft](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-105.md)
- [Tenn. Code Ann. § 39-14-106 Unauthorized use of automobiles and other vehicles - Joyriding](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-106.md)
- [Tenn. Code Ann. § 39-14-107 Claim of right](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-107.md)
- [Tenn. Code Ann. § 39-14-108 Pawned or conveyed rental property](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-108.md)
- [Tenn. Code Ann. § 39-14-109 Stone or rock wall - Warning sign](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-109.md)
- [Tenn. Code Ann. § 39-14-110 Unauthorized recording of theatrical motion pictures](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-110.md)
- [Tenn. Code Ann. § 39-14-111 Parentage fraud](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-111.md)
- [Tenn. Code Ann. § 39-14-112 Extortion](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-112.md)
- [Tenn. Code Ann. § 39-14-113 Organized Retail Crime Prevention Act](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-113.md)
- [Tenn. Code Ann. § 39-14-114 Forgery](https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T39_C14_S39-14-401. Check the current official text before relying on it. Not legal advice.