Tennessee Theft Laws: Felony Threshold, Penalties and Shoplifting (2026)

In Tennessee, theft becomes a felony when the property or services are worth more than $1,000. Under Tenn. Code Ann. 39-14-105(a), theft of $1,000 or less is a Class A misdemeanor, theft of "more than one thousand dollars ($1,000) but less than two thousand five hundred dollars ($2,500)" is a Class E felony, and the grade climbs with value to a Class A felony at $250,000 or more. Firearms are the exception: theft of a firearm worth less than $2,500 is a Class E felony however low its value. Shoplifting has no separate grading scale: it is theft of property under 39-14-146, so the value of the merchandise sets the class. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Tennessee state theft law in Title 39, Chapter 14, Part 1 of the Tennessee Code Annotated (Sections 39-14-101, 39-14-103, 39-14-104, 39-14-105, 39-14-106, 39-14-113, 39-14-138, 39-14-144, 39-14-146, 39-14-147, 39-14-149 and 39-14-151), the definition of value in 39-11-106, the burglary section 39-13-1002 where it overlaps store theft, the merchant detention rule in 40-7-116 and the sentencing ranges in 40-35-111. It does not cover federal theft offenses, city or county ordinances, or identity theft and fraud schemes, which have their own pages linked below. It reflects Tennessee acts through Public Chapter 1124 of 2026, effective July 1, 2026.

What counts as theft in Tennessee

Tennessee does not use the old labels petty theft, grand theft or larceny. Section 39-14-101 merges them into one crime:

"Conduct denominated as theft in this part constitutes a single offense embracing the separate offenses referenced before 1989 as embezzlement, false pretense, fraudulent conversion, larceny, receiving or concealing stolen property, and other similar offenses."

The core offense is in 39-14-103(a): "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."

"Deprive" is defined in 39-11-106 to include withholding property "permanently or for such a period of time as to substantially diminish the value or enjoyment of the property to the owner," holding it for a reward, or disposing of it "under circumstances that make its restoration unlikely."

Theft of services is a companion offense in 39-14-104. It covers obtaining services "by deception, fraud, coercion, forgery, false statement, false pretense or any other means to avoid payment," diverting services a person controls, and leaving establishments such as "hotels, motels and restaurants, without payment or a bona fide offer to pay." The grading section applies to both, since 39-14-105(a) opens with "Theft of property or services is." Schemes built on deception are covered in more depth in our guide to Tennessee scam and fraud laws.

Tennessee theft penalties by value

Section 39-14-105(a) sets six value tiers. The penalty ranges for each class come from Tennessee's general sentencing section, 40-35-111.

The misdemeanor row comes from 40-35-111(e)(1): "not greater than eleven (11) months, twenty-nine (29) days or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute." The felony rows come from 40-35-111(b)(1) through (5), which set a term of years for each class and add that "the jury may assess a fine" up to the stated amount, "unless otherwise provided by statute." These are the full statutory ranges for each class, stated as maximums and minimums the law allows.

Watch the boundary wording. The misdemeanor tier is "$1,000 or less," so property worth exactly $1,000 is a Class A misdemeanor unless it is a firearm. The Class D tier starts at "$2,500 or more," so exactly $2,500 is a Class D felony, not a Class E.

How value is measured

Section 39-11-106 defines value as "the fair market value of the property or service at the time and place of the offense," or, if that cannot be ascertained, "the cost of replacing the property within a reasonable time after the offense." If neither measure works, the property "is deemed to have a value of less than fifty dollars ($50.00)." When the accused gave consideration for the property or had a legal interest in it, that amount "shall be deducted" in determining value.

Aggregation and the firearm rule

Several thefts can be graded as one. Under 39-14-105(b)(1), "the state may charge multiple criminal acts committed against one (1) or more victims as a single count if the criminal acts arise from a common scheme, purpose, intent or enterprise." Under (b)(2), the value of property from those acts "shall be aggregated to establish value under this section." A series of thefts that are each under $1,000 can therefore reach a felony tier when charged together.

Section 39-14-105 grades theft by value, with one property-specific exception: firearms. Public Chapter 108 of 2021, effective July 1, 2021, amended (a)(1) so the misdemeanor tier applies "except when the property obtained is a firearm," and amended (a)(2) so the Class E felony tier covers property that "is a firearm worth less than two thousand five hundred dollars ($2,500)." A firearm worth $2,500 or more is graded by value like other property. The same act rewrote subsection (d): "Theft of a firearm shall be punished by confinement for not less than one hundred eighty (180) days in addition to any other penalty authorized by law." It also added a sentencing enhancement factor where "the offense involved the theft of a firearm from a motor vehicle" (40-35-114(29)).

Shoplifting in Tennessee

Shoplifting is theft. Section 39-14-146(a) states that "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":

• concealing the merchandise;
• removing it, taking possession of it, or causing its removal;
• altering, transferring or removing a price marking or other marking that helps determine value;
• moving merchandise from one container to another;
• causing a register to "reflect less than the merchant's stated price";
• removing, destroying, deactivating or evading "any component of an anti-shoplifting or inventory control device to commit or facilitate a theft";
• using "any artifice, instrument, container, device, or other article to commit or facilitate a theft"; or
• activating or interfering "with a fire alarm system to commit or facilitate a theft."

Subsection (b) adds that in a 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."

Because the offense is theft, the value table above sets the grade: merchandise worth $1,000 or less is a Class A misdemeanor (a firearm worth less than $2,500 is a Class E felony), and merchandise worth more than $1,000 is a felony. Section 39-14-146 sets no special penalty for a first offense.

Repeat shoplifting is the exception. Under 39-14-146(c), "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."

Burglary is a separate offense, now in 39-13-1002 (Public Chapter 545 of 2021 moved it there from 39-14-402). A person commits burglary who, "without the effective consent of the property owner," enters a building other than a habitation, "or any portion of the building, not open to the public, with intent to commit a felony, theft, or assault"; remains concealed in a building with that intent; or "Enters a building and commits or attempts to commit a felony, theft, or assault" (39-13-1002(a)(1)-(3)). "Burglary is a Class D felony" (39-13-1002(c), as amended by Public Chapter 930 of 2026), whatever the value taken, and a Class D felony carries 2 to 12 years and a jury fine up to $5,000 (40-35-111(b)(4)).

Merchant detention

Tennessee law lets stores hold a person they suspect of theft. Under 40-7-116(a), a merchant, employee, agent or peace officer "who has probable cause to believe that a person has committed or is attempting to commit the offense of theft" may detain that person "on or off the premises of the mercantile establishment" for the purposes the statute lists. Subsection (c) shields the merchant from criminal or civil liability for the detention, questioning or arrest if the merchant "(1) Has reasonable grounds to suspect that the person has committed or is attempting to commit theft; (2) Acts in a reasonable manner under the circumstances; and (3) Detains the suspected person for a reasonable period of time." All three conditions must be met.

Organized retail crime

The Organized Retail Crime Prevention Act, 39-14-113, targets group theft for profit. Under subsection (c)(1), a person commits the offense by acting "in concert with one (1) or more individuals to commit theft of any merchandise with a value greater than one thousand dollars ($1,000) aggregated over a one-hundred-eighty-day period" with the intent to sell, barter or trade the merchandise or to "fraudulently return the merchandise to a retail merchant." Subsection (c)(2) covers receiving, possessing, selling or purchasing merchandise or stored value cards obtained from a fraudulent return, knowing the property was obtained in violation of 39-14-103 or 39-14-146.

The penalty follows the theft table. Under (d)(1), a violation "is punished as theft pursuant to § 39-14-105." Under (d)(2), it is punished one class higher if the defendant "exercised organizational, supervisory, financial, or management authority over the activity of one (1) or more other persons."

Public Chapter 89 of 2025 (House Bill 207) expanded the offense effective July 1, 2025. It added new forms of organized retail crime, including knowingly defeating an anti-shoplifting device, activating or interfering with a fire alarm during the offense, using "an online marketplace or a social media platform to coordinate a meeting" to sell stolen merchandise, knowingly returning stolen or counterfeit merchandise to a retail merchant, receiving merchandise for resale "knowing or believing the merchandise to be stolen from a merchant," using a card skimmer, and possessing "ten (10) or more fraudulently obtained access devices, including gift cards, with the intent to defraud another." It also added (d)(3): a violation is punished one class higher "if the defendant engages in the destruction of property or uses a weapon during the commission of the offense."

Public Chapter 1124 of 2026 (Senate Bill 2265), effective July 1, 2026 for acts on or after that date, lengthened the aggregation window in (c)(1) from ninety days to one hundred eighty days. It added two more forms of the offense: knowingly using "a mask, facial covering, or other concealment of the person's identity" and knowingly using "a motor vehicle with no license plate; an altered, fake, or concealed license plate; or a temporary license plate" to facilitate the offense. It also added (d)(4): any sentence for a violation of subsection (c) "shall include a mandatory minimum sentence of thirty (30) days incarceration if the defendant used or possessed a firearm, firearm ammunition, a firearm-related device, or an anti-theft device during the commission of the offense."

Can a store demand money after shoplifting in Tennessee?

Tennessee has a civil remedy for merchants in 39-14-144, and it works differently from most states. It applies only "if the appropriate district attorney general consents," and it operates "in lieu of any criminal penalties imposed by § 39-14-105 for theft offenses." An adult or emancipated minor who willfully takes merchandise intending to convert it without paying faces civil liability of:

• the greater of $100 or three times the listed retail price, if the merchant does not recover the merchandise;
• the greater of $100 or three times the drop in value, if the merchandise is recovered damaged; or
• the greater of $100 or twice the listed retail price, if the merchandise is recovered in its original condition.

The same amounts apply to a parent or legal guardian having custody of an unemancipated minor "who has been negligent in the supervision of the unemancipated minor."

Other limits in the section:

• "A conviction for the offense of shoplifting is not a prerequisite" to the civil action (subsection (c)).
• A merchant may demand, "orally or in writing," that the person remit the damages before any lawsuit (subsection (d)).
• The remedy "shall not apply if the listed retail price of the merchandise taken was in excess of five hundred dollars ($500)" (subsection (g)).
• Any written demand must also be sent to the district attorney general, who is deemed to consent if no objection is made "within ten (10) days from the date the document was sent" (subsection (i)).
• At the time of apprehension, the merchant "shall not at that time enter into any written agreement to accept civil damages in lieu of criminal penalties or actually accept any civil damages" (subsection (j)).

The statute sets what a merchant can recover; it does not say whether any particular demand is valid. A lawyer licensed in Tennessee can advise on a specific letter.

Other theft offenses with their own grades

Several other Part 1 offenses set their own grade or add a penalty:

Related legal issues

A theft charge often overlaps with other areas of Tennessee law:

• Using someone's personal or financial information is covered in our guide to Tennessee identity theft laws.
• Whether a theft record can be cleared is covered in Tennessee expungement laws.
• Time limits for bringing charges and lawsuits are covered in the Tennessee statute of limitations guide.

Federal theft offenses are covered on the theft laws by state hub.

Related

• Theft laws by state
• Tennessee scam and fraud laws
• Tennessee identity theft laws
• Tennessee expungement laws
• Tennessee statute of limitations

This article provides general legal information about Tennessee theft law, not legal advice. Statutes change and their application depends on the facts. For advice about a specific situation, contact a lawyer licensed in Tennessee.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the felony theft threshold in Tennessee?

Theft becomes a Class E felony when the property or services are worth more than $1,000 and less than $2,500 (Tenn. Code Ann. 39-14-105(a)(2)). At $1,000 or less it is a Class A misdemeanor, except that theft of a firearm worth less than $2,500 is a Class E felony.

Is stealing $1,000 a felony in Tennessee?

No, unless the property is a firearm. Section 39-14-105(a)(1) makes theft of $1,000 or less a Class A misdemeanor, except when the property is a firearm. The felony grade starts when the value is more than $1,000, or at any value for a firearm worth less than $2,500.

Is shoplifting a felony in Tennessee?

It can be. Shoplifting is theft of property under 39-14-146 and is graded by the value of the merchandise under 39-14-105, so merchandise worth more than $1,000 reaches the felony tiers. A fifth or subsequent conviction in two years is punished one class higher. Burglary is a separate Class D felony at any value: entering a building without the owner's effective consent and committing or attempting a theft there is burglary under 39-13-1002(a)(3).

What is the penalty for misdemeanor theft in Tennessee?

Theft of $1,000 or less is a Class A misdemeanor, which carries up to 11 months and 29 days, a fine up to $2,500, or both (40-35-111(e)(1)). The misdemeanor tier does not apply to a firearm: theft of a firearm worth less than $2,500 is a Class E felony, with confinement of not less than 180 days (39-14-105(a)(2), (d)).

Does Tennessee use the terms petty theft or grand larceny?

No. Tennessee merged larceny and related crimes into a single theft offense (39-14-101) and grades it by class: Class A misdemeanor and Class E through Class A felony.

Can a store demand money from me after shoplifting in Tennessee?

Section 39-14-144 lets a merchant, with the district attorney general consenting, seek the greater of $100 or two to three times the listed retail price instead of criminal penalties. It does not apply when the listed price exceeds $500, and a merchant may not accept civil damages at the time of apprehension.

Can several small thefts be added together in Tennessee?

Yes, when they arise from a common scheme, purpose, intent or enterprise. The state may charge them as one count and the values are aggregated to set the grade (39-14-105(b)).

What is organized retail crime in Tennessee?

Under 39-14-113 it includes acting in concert to steal merchandise worth more than $1,000 over 180 days (90 days for acts before July 1, 2026) to resell it or return it fraudulently. It is punished as theft under 39-14-105, one class higher for an organizer or supervisor, and since July 1, 2026 a sentence must include at least 30 days of incarceration if the defendant used or possessed a firearm or anti-theft device during the offense.