Tennessee Statutes
§ 39-14-107 — Claim of right
Tennessee·Title 39
It is an affirmative defense to prosecution under §§ 39-14-103 , 39-14-104 and 39-14-106 that the person:
(1)Acted under an honest claim of right to the property or service involved;
(2)Acted in the honest belief that the person had the right to obtain or exercise control over the property or service as the person did; or (3) Obtained or exercised control over property or service honestly believing that the owner, if present, would have consented.
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Related
State v. Gentry
538 S.W.3d 413 (Tennessee Supreme Court, 2017)
State of Tennessee v. Tabitha Gentry (AKA ABKA RE BAY)
(Court of Appeals of Tennessee, 2017)
State of Tennessee v. Brigitte Pauli
(Court of Criminal Appeals of Tennessee, 2003)
State of Tennessee v. Michael Todd Kirkup
(Court of Criminal Appeals of Tennessee, 2008)
State v. Michelle Franze
(Court of Criminal Appeals of Tennessee, 2010)
State of Tennessee v. Timothy Mitchell Dawson
(Court of Criminal Appeals of Tennessee, 2022)
State of Tennessee v. Gerald James Wingard
(Court of Criminal Appeals of Tennessee, 2011)
State of Tennessee v. Maurice Leonard and Kenneth Shondale Mason
(Court of Criminal Appeals of Tennessee, 2007)
Legislative History
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 19.
Nearby Sections
15
§ 39-11-101
Objectives of criminal code§ 39-11-102
Effect of criminal code§ 39-11-103
Territorial jurisdiction§ 39-11-104
Construction of criminal code§ 39-11-105
Computation of age§ 39-11-106
Title definitions§ 39-11-109
Prosecution under more than one statute§ 39-11-110
Felonies and misdemeanors distinguished§ 39-11-115
Determination of value§ 39-11-117
Classification of first degree murder§ 39-11-118
Restitution to victims of crime