Shoplifting in Tennessee

By Jedidiah McKeehan

Shoplifting may seem like a minor offense, but under Tennessee law, it can carry serious consequences, especially when the theft targets retail stores. A specific law, Tennessee Code Annotated section 39-14-146, increases penalties for shoplifting in certain situations, reflecting the state’s tougher stance on retail theft.

Tennessee does not use the term “shoplifting” in its statutes. Instead, it’s prosecuted under theft laws when someone takes merchandise without paying and with the intent to deprive the merchant of that property.

Common examples include hiding items, switching price tags, or walking out without paying. While the general theft statute applies, it becomes shoplifting when the victim is a retail merchant.

Under this statute, penalties are enhanced — bumped up by one level — when certain aggravating factors are present: the theft caused over $1,000 in damage to the store; the offender used tools or devices to disable security systems; two or more people worked together to commit the theft; the offender had a prior theft conviction within the last two years.

That means a misdemeanor could become a felony, and a low-level felony could jump to a more serious charge with longer prison time.

If multiple thefts occur within 72 hours, the law allows the values to be added together and charged as one crime — a key provision that targets repeat or organized offenders.

In addition to criminal charges, retailers have the right to seek civil damages under Tennessee Code Annotated section 39-14-144. They can recover the retail value of the goods, up to $1,000 in damages, plus attorney’s fees. This gives businesses a legal way to recoup losses even if prosecutors don’t bring formal charges.

Shoplifting is no longer treated as a minor offense in Tennessee. Enhanced penalties, aggregation rules, and civil remedies all send a clear message: theft from merchants will be prosecuted aggressively. Anyone facing these charges should consult an attorney — the consequences can escalate quickly.

 

Visit attorney-knoxville.com for more information about this legal issue and other legal issues.