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HB 2139

Criminal Offenses - As introduced, clarifies that a person commits theft of property if the person, with the intent to deprive a merchant of the stated price of merchandise, knowingly enters a cargo container and removes merchandise. - Amends TCA Title 4; Title 5; Title 6; Title 7; Title 16; Title 17; Title 18; Title 20; Title 22; Title 24; Title 25; Title 26; Title 27; Title 28; Title 37; Title 38; Title 39; Title 40; Title 43; Title 54 and Title 55.

114th Regular Session (2025-2026) Introduced by Pat Marsh

Tennessee bill explicitly criminalizes intentional theft of merchandise from cargo containers, clarifying merchants' legal protections in supply chain operations.

Comp. became Pub. Ch. 871
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Bill Summary · HB 2139

Legislative bill overview

HB 2139 clarifies Tennessee criminal law to explicitly define theft when a person intentionally enters a cargo container and removes merchandise with the intent to deprive a merchant of payment. The bill amends numerous sections of Tennessee Code Annotated across multiple titles, suggesting broader legislative cleanup or codification beyond the primary theft provision.

Why is this important

Cargo theft is a significant economic problem affecting retailers, logistics companies, and ultimately consumers through higher prices. This clarification ensures prosecutors have explicit statutory language to pursue charges against individuals who steal from shipping containers, which may have previously required interpreting more general theft statutes. The extensive amendments across 23 Tennessee Code titles suggest the bill may address gaps in how current law applies to modern supply chain theft.

Potential points of contention

  • Scope ambiguity: The bill's reference to amending 23 different code titles raises questions about what other provisions are being changed beyond the stated cargo container theft language—the full text would clarify whether these are technical corrections or substantive policy changes.
  • Container access definition: The bill doesn't specify what constitutes "entering" a cargo container (breaking in vs. accessing an unlocked one), which could affect enforcement consistency and fairness in prosecution.
  • Intent standard: Requiring proof of specific intent to deprive a merchant of the "stated price" may create prosecutorial challenges if merchandise lacks clear pricing or involves wholesale containers with unclear values.

Compiled from official sources — confirm details with the bill’s official record.

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