Burglary Law in Tennessee

In Tennessee, burglary is divided into three categories: Burglary, Aggravated Burglary, and Especially Aggravated Burglary. The offense charged depends upon the type of structure entered and/or the nature of the injury resulting from the offense.


If you have been charged with Burglary or other burglary-related offense in Tennessee, it is important to hire an experienced criminal defense attorney. 

Under Tennessee law, a person commits the offense of Burglary who, without the effective consent of the property owner:


(1) Enters a building other than a habitation not open to the public with intent to commit a felony, theft, or assault;

(2) Remains concealed in a building with the intent to commit a felony, theft, or assault;

(3) Enters a building and commits or attempts to commit a felony, theft, or assault; or

(4) 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.

"Enter" means intrusion of any part of the body or intrusion of any object in physical contact with the body or any object controlled by remote control, electronic or otherwise. "Habitation" means any structure, including buildings, module units, mobile homes, trailers, and tents designed or adapted for overnight accommodation of persons. "Habitation" also includes a self-propelled vehicle that is designed or adapted for overnight accommodation of persons and is actually occupied at the time of initial entry of the defendant, as well as each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with the structure or vehicle.

All burglary offenses in Tennessee are felonies. A Burglary offense under sections (1), (2), or (3) is a Class D Felony, punishable by 2 to 12 years imprisonment, a fine up to $5,000, as well as additional requirements imposed by the trial judge, including restitution, court costs, anti-theft classes, drug & alcohol treatment, and anger management classes. A Burglary offense under section (4) is a Class E Felony, punishable by 1 to 6 years imprisonment, a fine up to $3,000, as well as additional restrictions imposed by the trial judge.