A person commits Burglary in Tennessee when they without the consent of the property owner:
- Enter a building, other than a habitation, with the intention of committing either a felony, a theft, or an assault; or
- Remain concealed, with the intent to commit a felony, theft or assault, in a building; or
- Enter a building and commits or attempts to commit a felony, theft or assault; or
- Enter any freight or passenger car, automobile, truck, trailer, boat, airplane or other motor vehicle with intent to commit a felony, theft or assault or commits or attempts to commit a felony, theft or assault.
If the charge of burglary is based on one of the first three set of facts is a D felony, under the last set of facts, it is an E felony. If the building is a “habitation”, then the person may be charged with Aggravated Burglary which is a Class C felony.