1:25. All rights reserved. View Other Versions of the Tennessee Code. HB0069: Caption bill, held on desk - pending amdt. Multiple offenders are subject to Range II penalties. Terms Used In Tennessee Code > Title 39 > Chapter 14 > Part 4 - Burglary and Related Offenses. SB0853: Passed on Second Consideration, refer to Senate Judiciary Committee, HB1640: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB1807: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB1645: Assigned to s/c Banking & Consumer Affairs Subcommittee, SB2831: Passed on Second Consideration, refer to Senate Judiciary Committee, HB1664: Received from House, Passed on First Consideration, SB1832: Failed in Senate Judiciary Committee, HB1678: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB1785: Action deferred in Senate Finance, Ways, and Means Committee to 4/27/2022, HB1690: Taken off notice for cal. A judge can order any sentence term within the above ranges. 610 610 610 610 610 556 610 556 to Special Calendar to be Published with Final Calendar in Health Committee, SB0657: Passed on Second Consideration, refer to Senate Judiciary Committee, HB0585: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB1138: Failed in Senate Judiciary Committee, HB0601: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB0025: Assigned to General Subcommittee of Senate Judiciary Committee, HB0628: Assigned to s/c Criminal Justice Subcommittee, SB0432: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB0629: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB0438: Assigned to General Subcommittee of Senate Judiciary Committee, SB0530: Action deferred in Senate Commerce and Labor Committee to first calendar of 2022. 333 500 556 333 333 556 333 833 556 556 500 389 279 389 583 552 605 500 333 556 537 443 556 443 333 333 389 583 277 333 277 277 If you've been charged with violating Tennessee burglary laws, it's in your best interest to speak with a local criminal defense attorney who can explain your options and advocate on your behalf in plea negotiations or in court, if necessary. 777 722 722 722 722 666 666 610 >> (ii)Any sealed device containing dry ice or other chemically reactive substances for the purposes of causing an explosion by a chemical reaction; (5)Firearm silencer means any device designed, made or adapted to muffle the report of a firearm; (6)Hoax device means any device that reasonably appears to be or is purported to be an explosive or incendiary device and is intended to cause alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies; (7)Immediate vicinity refers to the area within the person's immediate control within which the person has ready access to the ammunition; (8)Judicial commitment to a mental institution means a judicially ordered involuntary admission to a private or state hospital or treatment resource in proceedings conducted pursuant to title 33, chapter 6 or 7; (9)Knife means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument; (10)Knuckles means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles; (11)Machine gun means any firearm that is capable of shooting more than two (2) shots automatically, without manual reloading, by a single function of the trigger; (12)Mental institution means a mental health facility, mental hospital, sanitarium, psychiatric facility and any other facility that provides diagnoses by a licensed professional of an intellectual disability or mental illness, including, but not limited to, a psychiatric ward in a general hospital; (13)Restricted firearm ammunition means any cartridge containing a bullet coated with a plastic substance with other than a lead or lead alloy core or a jacketed bullet with other than a lead or lead alloy core or a cartridge of which the bullet itself is wholly composed of a metal or metal alloy other than lead. 333 333 365 556 833 833 833 610 556 556 556 537 389 443 389 556 stream /Flags 32 /FitWindow false There are number of other facts to evaluate to determine whether a prosecutor can meet the elements outlined above. /HideToolbar false HB2362: P2C, caption bill, held on desk - pending amdt. HB0018: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB0318: Action deferred in Senate Judiciary Committee to 1/13/2022, HB0026: Taken off notice for cal. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. If you are a student in college, you may be expelled and such adverse consequence reflected in the academic record. (b) Aggravated burglary is a Class C felony. <> << Class D felonies carry possible sentences of 2 to 12 years in prison and fines up to $5,000. 722 277 556 722 610 833 722 777 (c) Especially aggravated burglary is a Class B felony. An offender's criminal history category establishes both a sentencing range (Range I, II, or III) and the presumptive sentence length for their convicted offense. Conditions typically include obeying all laws, reporting to their parole officer, maintaining employment, submitting to drug tests, and not moving or traveling without permission. endobj /Type /Outlines endobj There may be policies in your employee handbook that any plead or conviction for a crime of dishonesty such as burglary will result in termination of employment. %PDF-1.3 722 722 777 777 777 777 777 583 ,j(;-o^7Vb! The standard percentages depend on the offender's criminal history category, as follows: Going back to our Class B felony example, say the offender fell under Range I, and the judge imposed a prison sentence of nine years. Read the code on FindLaw . Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, Range I (standard offender): 8 to 12 years, Range II (multiple offender): 12 to 20 years, Range III (persistent offender): 20 to 30 years, Range III (career offender): 30 years' incarceration, Especially mitigated: must serve 20% of their sentence, Range I: must serve 30% of their sentence, Range II: must serve 35% of their sentence, Range III: must serve 45% of their sentence. /StemV 0 Felony sentencing in Tennessee involves several factors: the felony classification (class A to E), the sentencing range, and the recommended disposition (prison or non-prison sanctions). V8};]Xi-.uqq(na^sx|oO]\{ 8#j|r#@P-(l;+(c-(tX2,Sx1+ {18,Rq&fx^F!'.K#c#&xr#RQ`4@)\Z,apjw7U w- j~wdY!(NERn>=8.$rGebGA&)hCZ`fk0zOw+O jpO9:y -/c_eDhLIJJH#+. Resources Committee, HB0561: Def. Free Newsletters endobj A felony record can mean harsher sentences if convicted again and will make it difficult to obtain housing and employment. 610 610 389 556 333 610 556 777 Possible Sentences A Class C felony is punishable by 3 to 15 years in prison and a fine up $10,000. 2 The FBI does not publish arson data unless it receives data from either the agency or the state for all 12 months of the calendar year. in Covid-19 Committee of Extraordinary Session III, SB9032: Assigned to General Subcommittee of Senate Judiciary Committee, HB9043: P2C, ref. /LastChar 255 HB1390: P2C, caption bill, held on desk - pending amdt. To qualify, defendants must complete their sentence terms (including payment of fines and restitution) and then wait a period of five to 10 years. /FontDescriptor 10 0 R If granted parole, the parolee must abide by their conditions of release. /FirstChar 32 Parole offers some offenders the chance for early release from prison. 1015 666 666 722 722 666 610 777 556 556 ] ] 1030, 24.]. 722 722 777 777 777 777 777 583 to Summer Study in Criminal Justice Committee, HB2772: Failed in s/c Transportation Subcommittee of Transportation Committee, SB2700: Assigned to General Subcommittee of Senate Transportation and Safety Committee, HB2794: Failed in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2671: Assigned to General Subcommittee of Senate Judiciary Committee, HB2799: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2652: Assigned to General Subcommittee of Senate Judiciary Committee, HB2802: Taken off notice for cal. x\_sFw\c&TqjKuX"D5G`vvBMKgE5wJl/~Y>,fyvvt4.]p:>$8*fR%LE$d`,x, 7/I=7~|{|{d,D\ 7H On~o0`Szo7o9&sU 2k-^@;"] ~08W#E D6G#*!l F'xV'B;wct=\O01e4W,+rKggJFXXj(syVYO:x;wK*C9^df1/@!B|J+2BrX8e4CX\gP=w8_4~,,pV%LxZ|y M$ MB.#p'WVKxxv?~4]yDvd|z^W] SB0733: Passed on Second Consideration, refer to Senate Judiciary Committee, HB0088: Effective date(s) 04/22/2021; 07/01/2021, SB0253: Assigned to General Subcommittee of Senate Finance, Ways, and Means Committee, HB0203: Taken off notice for cal. 277 333 474 556 556 889 722 237 Log in. /Subtype /TrueType Violating parole terms can result in the offender being sent back to prison. The . /Flags 32 CategoriesAggravated Assault, Criminal Law, Drugs, Nashville Criminal Defense Lawyer, Possessing a firearm during commission of a dangerous felony , Attempted first degree murder Class A felony 15-60 years See, The manufacture, delivery, or sale of a controlled substance, as defined in. Another major factor to be proven is your intent. Class D felonies carry possible sentences of 2 to 12 years in prison and fines up to $5,000. Tennessee law divides felonies into five classificationsClasses A to E. Class A felonies are the most severe and Class E felonies the least. Criminal Offenses 39-17-1301 - last updated January 01, 2020 Next Steps: Search for a Local Attorney Contact a qualified attorney. endobj Especially aggravated burglary. Like theft, robbery may also be divided into two classes: simple and aggravated. As used in this part, unless the context otherwise requires: (1)Adjudication as a mental defective or adjudicated as a mental defective means: (A)A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease: (i)Is a danger to such person or to others; or. 10 U.S.C. Examples include robbery, aggravated burglary, and aggravated assault. If you entered the habitation, building, or vehicle with consent and proceeded to commit theft for example, then you may be able to have the charges reduced to theft which has much less punishment. Cite this article: FindLaw.com - Tennessee Code Title 39. 7 0 obj 833 605 833 777 777 777 777 610 Failure to abide by the terms can result in revocation of parole and going back to prison. See the data declaration for further explanation. Tennessee General Assembly Bills By Subject Legislation by Subject Topic for the 112th General Assembly 2021-2022 Legislation filed under: Criminal Offenses The primary subject of a bill in this list may be different from the subject listed above. /CapHeight 500 (18)Unloaded means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon. If you enter the home without consent and commit theft or another felony and you inadvertently bump into a homeowner while escaping causing them to fall down, then you likely have not committed serious bodily harm assuming there are no serious injuries. /Subtype /TrueType /Encoding /WinAnsiEncoding Any crime that carries a possible penalty of one year and up to life in prison or the death penalty is a felony. /BaseFont /DDACTR+BookAntiqua,BoldItalic /Encoding /WinAnsiEncoding /DisplayDocTitle false As noted in the statutory elements above, it references a building other than a habitation. This is an important distinction as committing the elements of a burglary in a habitation is often referred to as a home invasion or as the statute refers. Misdemeanors can be penalized by up to a year in jail. After a conviction but before sentencing, the judges must determine an offender's criminal history category, which can range from no criminal history to having six or more prior felonies. Class A felonies carry possible sentences of 15 to 60 years in prison and fines up to $50,000. to Calendar & Rules Committee, SB2131: Passed on Second Consideration, refer to Senate Judiciary Committee, HB2437: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2804: Passed on Second Consideration, refer to Senate Judiciary Committee, HB2439: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, HB2445: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2863: Assigned to General Subcommittee of Senate Judiciary Committee, SB2098: Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 5, Nays 4 PNV 0, HB2482: Assigned to s/c Banking & Consumer Affairs Subcommittee, SB2380: Assigned to General Subcommittee of Senate Commerce and Labor Committee, HB2521: Failed for lack of second in: Civil Justice Subcommittee, SB2521: Assigned to General Subcommittee of Senate Judiciary Committee, HB2524: Taken off notice for cal. /Flags 98 in Covid-19 Committee of Extraordinary Session III, SB9082: Reset on Final calendar of Senate Judiciary Committee, Assigned to s/c Criminal Justice Subcommittee. >> There is a remarkable distinction between criminal trespass and burglary and that depends on your intent to commit a felony, theft or assault. Range of Punishment for Felonies & Misdemeanors, T.C.A. 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) For the purposes of this section, victim means any person lawfully on the premises. 399 548 333 333 333 576 537 333 /StemV 0 in Criminal Justice Committee, SB2101: Assigned to General Subcommittee of Senate Judiciary Committee, HB1936: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1791: Assigned to General Subcommittee of Senate Judiciary Committee, HB1944: Received from House, Passed on First Consideration, HB1950: Assigned to s/c Criminal Justice Subcommittee, SB1813: Assigned to General Subcommittee of Senate Judiciary Committee, HB1953: Assigned to s/c Criminal Justice Subcommittee, SB1938: Passed on Second Consideration, refer to Senate Judiciary Committee, HB1968: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2598: Assigned to General Subcommittee of Senate Judiciary Committee, HB2004: Assigned to s/c Criminal Justice Subcommittee, SB1896: Passed on Second Consideration, refer to Senate Judiciary Committee, SB1171: Passed on Second Consideration, refer to Senate Judiciary Committee, SB2305: Failed in Senate Judiciary Committee, HB2087: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2170: Assigned to General Subcommittee of Senate Judiciary Committee, HB2097: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB2073: Assigned to General Subcommittee of Senate Judiciary Committee, HB2098: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB2743: Failed in Senate Judiciary Committee, HB2119: Taken off notice for cal in s/c Health Subcommittee of Health Committee, SB2143: Assigned to General Subcommittee of Senate Commerce and Labor Committee, HB2135: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB2615: Failed in Senate Judiciary Committee, HB2200: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB1753: Passed on Second Consideration, refer to Senate Judiciary Committee, HB2206: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB2644: Assigned to General Subcommittee of Senate Judiciary Committee, HB2236: Received from House, Passed on First Consideration, HB2247: Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee, SB2085: Failed in Senate Judiciary Committee, HB2254: Taken off notice for cal in s/c Criminal Justice Subcommittee of Criminal Justice Committee, SB2537: Passed on Second Consideration, refer to Senate Judiciary Committee, HB2299: Assigned to s/c Criminal Justice Subcommittee, SB2580: Passed on Second Consideration, refer to Senate Judiciary Committee, HB2311: Failed for lack of second in: Business & Utilities Subcommittee, SB2025: Passed on Second Consideration, refer to Senate Judiciary Committee, SB2300: Action deferred in Senate Judiciary Committee to 3/29/2022, SB2287: Passed on Second Consideration, refer to Senate Judiciary Committee, HB2323: Def. & misdemeanors, T.C.A and aggravated be penalized by up to $.. 610 833 722 777 ( c ) Especially aggravated burglary, and.... 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