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HB 1542

Criminal Offenses - As introduced, prohibits the use of a telecommunication device, with intent to deprive the owner of property, to fraudulently obtain or exercise control over the property of another without the owner's effective consent, which is punishable as theft, but in no event less than a Class E felony. - Amends TCA Title 39.

114th Regular Session (2025-2026) Introduced by Fred Atchley

Tennessee bill criminalizes using phones/telecom to fraudulently control others' property as felony theft with mandatory minimum Class E felony punishment.

Taken off notice for cal in s/c Finance, Ways, and Means Subcommittee of Finance, Ways, and Means Committee
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Bill Summary · HB 1542

Legislative bill overview

HB 1542 creates a new criminal offense in Tennessee law that specifically targets using telecommunications devices (phones, email, etc.) to fraudulently obtain control of someone else's property without consent. The offense is classified as theft and carries a mandatory minimum punishment of a Class E felony, regardless of the property's value.

Why is this important

This addresses growing concerns about telecommunications-enabled fraud schemes—including SIM swapping, phone spoofing, and digital account takeovers—that have increased significantly in recent years. By creating a specific statutory offense tied to telecom devices, prosecutors gain a clearer legal tool to combat these crimes, and victims may see more consistent charging and sentencing practices.

Potential points of contention

  • Mandatory minimum concerns: The "in no event less than a Class E felony" language removes judicial discretion in sentencing, which some argue is overly rigid for first-time offenders or cases involving minimal property value
  • Definitional ambiguity: "Telecommunication device" could be interpreted broadly (does it include internet-connected devices?) or narrowly, creating enforcement uncertainty and potential challenges
  • Overlap with existing statutes: Tennessee already has identity theft, wire fraud, and traditional theft laws; critics may argue this creates redundancy rather than addressing gaps, and prosecutors might charge the same conduct under multiple statutes

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

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