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TCA 39-14-107

Claim of right

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What does this charge mean?

You have a legal defense to theft charges if you honestly believed you had the right to take the property or service, or if you honestly believed the owner would have consented if they were present.

Penalty Details

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Penalty SummaryClassification not specified
It is an affirmative defense to prosecution under §§ 39-14-103, 39-14-104 and 39-14-106 that the person: (1) Acted under an honest claim of right to the property or service involved; (2) Acted in the honest belief that the person had the right to obtain or exercise control over the property or service as the person did; or (3) Obtained or exercised control over property or service honestly believing that the owner, if present, would have consented.
View on official sourceLast verified: Feb 25, 2026

Quick Facts

PENDING
TCA Section39-14-107