Criminal Offenses

Plain English Breakdown

The candidate explanation included 'felony' without specifying the class of felony, which was corrected to 'Class E felony'. The summary also did not specify enforcement details or exceptions.

New Criminal Offenses for Motor Vehicle Theft and Possession of Stolen Firearm

This bill creates new criminal offenses in Tennessee for taking control of a motor vehicle without permission with intent to deprive the owner, and possessing a firearm known or reasonably believed to be stolen.

What This Bill Does

• Creates an offense when someone takes control of another person's car without permission with the intent to deprive them of it, which is treated as theft.
• Makes it a Class E felony if someone controls a car knowing they don't have the owner’s permission.
• Establishes that possessing a firearm known or reasonably believed to be stolen is a Class A misdemeanor.

Who It Names or Affects

• People who take control of cars without permission and those who possess firearms they know are stolen.

Terms To Know

Class E felony

A serious crime that carries significant penalties, less severe than a Class A, B, or C felony but more severe than a Class D felony.

Affirmative defense

A legal argument used to defend against criminal charges by proving specific facts that negate the defendant's guilt.

Limits and Unknowns

• The bill does not specify how these new offenses will be enforced or what penalties apply beyond classifying them as felonies or misdemeanors.
• It is unclear if there are any exceptions to these new laws for specific circumstances, such as emergency situations.

Official Summary Text

This bill establishes an
offense for a person, with intent to deprive the owner of a motor vehicle, to knowingly obtain or exercise c
ontrol over the motor vehicle without the owner's effective consent.

A violation of
this provision
is punished as
theft
.

This bill establishes an
offense for a person, who knows that the person does not have the permission of the owner of a motor vehicl
e, to exercise control over the motor vehicle.

A violation of
this provision
is a Class E felony.

This bill establishes an
offense for a person to possess a firearm that the person knows or reasonably should know has been stolen.

A violation of this
pr
ovision
is a Class A misdemeanor.
Any of the following may be
asserted in a prosecution for a violation
of this provision as an affirmative defense:



The person a
cted under an honest claim of right to the property or service involved
.



The person a
cted in the honest belief that the person had the right to obtain or exercise control over the property or service as the person did
.



The person o
btained or exercised control over property or service honestly believing that the owner, if present, would have consented.

Current Bill Text

HOUSE BILL 1190
By Shaw

SENATE BILL 1129
By Yarbro

SB1129
003139
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 39,
relative to criminal offenses.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 39, Chapter 14, Part 1, is amended by
adding the following new section:
(a) It is an offense for a person, with intent to deprive the owner of a motor
vehicle, to knowingly obtain or exercise control over the motor vehicle without the
owner's effective consent.
(b) It is an offense for a person, who knows that the person does not have the
permission of the owner of a motor vehicle, to exercise control over the motor vehicle..
(c)
(1) A violation of subsection (a) is punished as theft under § 39-14-105,
after determining value under § 39-11-106.
(2) A violation of subsection (b) is a Class E felony.
SECTION 2. Tennessee Code Annotated, Title 39, Chapter 14, Part 1, is amended by
adding the following new section:
(a) It is an offense for a person to possess a firearm that the person knows or
reasonably should know has been stolen.
(b) The affirmative defenses in § 39-14-107 may be asserted in a prosecution for
a violation of subsection (a).
(c) A violation of this section is a Class A misdemeanor.
SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it.