Definitions for Burglary and Related Offenses

  1. Law
  2. Tennessee Code
  3. Criminal Offenses
  4. Offenses Against Property
  5. Burglary and Related Offenses
  6. Definitions for Burglary and Related Offenses

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As used in this part, unless the context otherwise requires:

  1. “Habitation”:
    1. Means any structure, including buildings, module units, mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons;
    2. Includes a self-propelled vehicle that is designed or adapted for the overnight accommodation of persons and is actually occupied at the time of initial entry by the defendant; and
    3. Includes each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with the structure or vehicle;
  2. “Occupied” means the condition of the lawful physical presence of any person at any time while the defendant is within the habitation or other building; and
  3. “Owner” means a person in lawful possession of property whether the possession is actual or constructive. “Owner” does not include a person, who is restrained from the property or habitation by a valid court order or order of protection, other than an ex parte order of protection, obtained by the person maintaining residence on the property.


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