Theft vs. Shoplifting vs. Burglary: What’s the Difference Under Tennessee Law?

November 8, 2025

Theft vs. Shoplifting vs. Burglary: What’s the Difference Under Tennessee Law?

Understanding the distinctions between theft, shoplifting, and burglary is crucial if you’re facing criminal charges in Tennessee. While these offenses may seem similar, they differ in how they are committed and the penalties that apply.


Theft Under Tennessee Law


Theft occurs when someone knowingly takes another person’s property without consent and with the intent to deprive them of it. Tennessee Code § 39-14-103 defines theft broadly — it can include stealing money, vehicles, or even services. The severity of a theft charge depends on the value of the stolen property. For example:


  • Less than $1,000: Class A misdemeanor, punishable by up to 11 months and 29 days in jail.
  • $1,000–$10,000: Class E felony, with 1–6 years in prison.
  • Over $250,000: Class A felony, which can lead to 15–60 years in prison.


Shoplifting in Tennessee


Shoplifting is a specific form of theft that occurs in retail settings. It includes concealing merchandise, altering price tags, or leaving a store without paying. Tennessee law prosecutes shoplifting under the same theft statute, but retailers often have additional civil remedies — meaning they can sue for damages in addition to criminal penalties.


Burglary Under Tennessee Law


Burglary involves unlawfully entering a building, structure, or vehicle with the intent to commit a crime (usually theft) inside. According to Tennessee Code § 39-14-402, burglary is a felony offense — even if nothing is actually stolen. There are several forms:


  • Burglary: Entering a building without consent to commit a crime.
  • Aggravated Burglary: Burglary of a residence.
  • Especially Aggravated Burglary: Burglary that causes bodily injury.


Penalties for burglary range from Class D to Class B felonies, carrying sentences from 2 to 30 years in prison.


Key Differences


  • Theft focuses on the unlawful taking of property.
  • Shoplifting is theft that happens specifically in a retail environment.
  • Burglary is about unlawful entry with intent to commit a crime, regardless of whether anything is stolen.


Why Legal Help Matters


Criminal charges can have serious consequences, including jail time, fines, and a permanent record. If you’re facing theft, shoplifting, or burglary charges, it’s important to have knowledgeable legal counsel to protect your rights and explore possible defenses.

At Todd Hull Law PLLC, we can provide legal assistance to the Johnson City public. Our team can review your case, negotiate with prosecutors, and advocate for the best possible outcome.

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