Current as of January 01, 2020 | Updated by FindLaw Staff
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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.
Cite this article: FindLaw.com - Tennessee Code Title 39. Criminal Offenses § 39-14-401 - last updated January 01, 2020 | https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-14-401.html
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