Theft Crimes in Tennessee
August 26, 2023
What crimes previously defined under Tennessee law are now considered to fall under the crime of theft? This article goes into more depth.
Tennessee law explains that the crimes of “embezzlement, false pretense, fraudulent conversion, larceny, receiving or concealing stolen property, and other similar offenses” are now consolidated under Tennessee law as theft offenses. The Tennessee legislature eliminated various distinctions between these difference crimes and essentially combined them under one general theft law.
Tennessee law defines theft of property as intentionally intending to deprive the owner of property and knowingly obtaining or exercising control over that property without the owner’s effective consent. Tennessee courts have identified three elements of the crime of theft of property. First, the state must prove that the defendant knowingly obtained or exercised control over the property of another; (2) that the defendant did not have the owner’s consent to obtain or exercise control over that property; and (3) that the defendant intended to deprive the owner of the property in question.
Theft of services involves obtaining another person or entity’s services “by deception, fraud, coercion, forgery, false statement, false pretense or any other means to avoid payment for the services.” It also involves having control over the “disposition of services to another” and then taking those services and directing them to the defendant’s benefit instead. Finally, theft of services also applies when a defendant knowingly absconds from a restaurant, motel, hotel, or similar type of establishment without paying for services. For example, the act of “dining and dashing” — eating or drinking at an establishment without paying for the food or drink – can lead to criminal charges for theft of services.
The level of punishment — or classification into particular types of misdemeanors or felonies – depends upon the value of the property or services in question. For example, the least severe punishment for theft occurs when the value of the goods or services is $1,000 or less. That constitutes a Class A misdemeanor. However, the theft offenses become progressively more serious crimes, as the value of the goods or services increases. For example, if the value of the goods or services are valuated at $250,000 or greater, the theft crime is classified as a Class A felony.
The unauthorized use of another’s vehicle – but without the intent to permanently deprive the owner of the vehicle – is called “joyriding.” Thus, joyriding is a lesser included offense of theft under Tennessee law.
Should you have questions about theft crimes, your rights, or other situations regarding your case, contact our Lebanon, TN, attorneys right away. Contact Hagar and Phillips using our Contact Form, or call us at 615-784-4588. Please get in touch with us if you need directions to Lebanon, TN. We are happy to help.
