§ 39-14-146 — Theft of property - Conduct involving merchandise

(a) 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. (b) 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 . (c) 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.

Legislative History

Amended by 2017 Tenn. Acts, ch. 184,s 2, eff. 7/1/2017. Amended by 2017 Tenn. Acts, ch. 184,s 1, eff. 7/1/2017. Acts 1991, ch. 237, § 1.