Tenn. Code Ann. § 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. 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.

(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.

(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 .

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.