In Tennessee, a person commits “theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner’s effective consent.” T.C.A. 39-14-103
Theft of services is another classification of theft not involving tangible property.
A person commits theft of services who:
- (1) Intentionally obtains services by deception, fraud, coercion, forgery, false statement, false pretense or any other means to avoid payment for the services;
- (2) Having control over the disposition of services to others, knowingly diverts those services to the person’s own benefit or to the benefit of another not entitled thereto; or
- (3) Knowingly absconds from establishments where compensation for services is ordinarily paid immediately upon the rendering of them, including, but not limited to, hotels, motels and restaurants, without payment or a bona fide offer to pay.
- T.C.A. 39-14-103
Theft in Tennessee are often divided into “petty theft” and “grand theft.” Thefts involving property under $500.00 is referred to as petty theft and all other offenses over this amount is grand theft.
Grading of theft per statute T.C.A. 39-14-105:
- Class A misdemeanor theft if value of property or services is under $1,000.00 punishable by imprisonment up to 11 months and 29 days and/or a fine up to $2,500.00
- Class E felony theft if value of property or services is over $1000.00 but less than $2,500.00 punishable by imprisonment not less than one year but not more than six years and fine up to $3,000.00
- Class D felony theft if value of property or services is $2,500.00 but less than $10,000.00 punishable by imprisonment not less than two years but less than twelve years and fine up to $5,000.00
- Class C felony theft if value of property or services is $10,000.00 but less than $60,000.00 punishable by imprisonment not less than three years but less than fifteen years and fine up to $10,000.00
- Class B felony theft if value of property or services is $60,000.00 but less than $250,000.00 punishable by imprisonment not less than $8,o00.00 but less than thirty years and fine up to $25,000.00
- Class A felony theft if value of property or services is $250,000.00 or more punishable by imprisonment not less than fifteen years but less than sixty years and fine up to $50,000.00
It is noteworthy that the statute grading levels of theft and punishment does not account for prior offenses. However, it is nearly certain that sentencing guidelines will apply harsher punishments for subsequent offenses.
Aggregating offenses and value of property
Under the statute, 39-14-105(b)(1), a prosecutor has the great power of aggregating multiple offenses of theft into one offense and multiple items of property of lesser value into one higher total monetary value. To do so, the prosecutor must show the offenses arise from a common scheme, purpose, intent or enterprise. For example if you steal something under $500.00 on one day, it is a misdemeanor. However, if you stole the something under $500.00 from the same person or business each day for a month, then you have committed a felony offense where the value of the theft is over $15,000.00 (30 days x $500.00).
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