39-14-401 - Definitions for burglary and related offenses. - Tennessee Statutes

39-14-401. Definitions for burglary and related offenses.

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

     (1)  “Habitation”:

          (A)  Means any structure, including buildings, module units, mobile homes, trailers, and tents, which is designed or adapted for the overnight accommodation of persons;

          (B)  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

          (C)  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.

[Acts 1989, ch. 591, § 1; 2000, ch. 906, § 1.]