Criminal Offenses - As enacted, expands the offense of organized retail crime to include certain acts, including knowingly using an online marketplace or social media platform to coordinate a meeting with one or more per, the official text

·i'l.ilvEi·

                                                       t'l-,1.

                                                                                             cv,'t1

                                                                   ~~

                                                      ~
                                                    ~

                     ~tate of \ltennessee

                          PUBLIC CHAPTER NO. 89

                                                  HOUSE BILL NO. 207

       By Representatives Zachary, Lamberth, Sherrell, Capley, Scarbrough, Littleton,
   Alexander, Vital, Gant, Hardaway, Hawk, Cochran, Gillespie, Howell, Moody, Mitchell

                                        Substituted for: Senate Bill No. 240

                           By Senators Taylor, Gardenhire, Lowe, Rose, Walley

         AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 14, relative to
organized retail crime.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 39-14-113(c), is amended by adding
the following as new subdivisions:

                    (3) Knowingly removes, destroys, deactivates, or evades any component of an
          anti-shoplifting or inventory control device to prevent the activation of that device or to
          facilitate the commission of an offense under this subsection (c);

                    (4) Knowingly activates or interferes with a fire alarm system during the
          commission of an offense under this subsection (c) or to facilitate the commission of an
          offense under this subsection (c);

                    (5) Knowingly uses an online marketplace or a social media platform to
          coordinate a meeting with one (1) or more individuals to sell, barter, or trade stolen
          merchandise for monetary or other gain;

                    (6) Knowingly returns stolen merchandise or counterfeit merchandise to a retail
          merchant;

                    (7) Receives, purchases, or possesses retail merchandise for the purpose of sale
          or resale knowing or believing the merchandise to be stolen from a merchant;

                    (8) Knowingly uses any artifice, instrument, container, device, or other article to
          facilitate the commission of an offense under this subsection (c);

                    (9) Knowingly uses a device or apparatus, including, but not limited to, a device
          or apparatus that can be affixed to point-of-sale terminals, automated teller machines,
          fuel pumps, and other payment processing devices, unlawfully to capture, record, or
          transmit the electronic information contained on the magnetic strip or embedded chip of
          a credit card, debit card, or other payment device with the intent to defraud another; or

                    (10) Knowingly possesses, controls, or has custody of ten (10) or more
          fraudulently obtained access devices, including gift cards, with the intent to defraud
          another. As used in this subdivision (c)(10), "access devices" means any card, plate,
          code, account number, electronic serial number, mobile identification number, personal
          identification number, or other means of account access that can be used, alone or in
          conjunction with another access device, to obtain money, goods, services, or other thing
          of value, whether the device is physical or digital.

          SECTION 2. Tennessee Code Annotated, Section 39-14-113(d), is amended by adding
the following as a new subdivision:

                     (3) A violation of subsection (c) is punished one (1) classification higher than
          provided in § 39-14-105 if the defendant engages in the destruction of property or uses a
          weapon during the commission of the offense.

           SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it.
         HOUSE BILL NO. 207

PASSED:  March 17, 2025

                            c__

                               CAMERON SEXTON, SPEAKER
                              HOUSE OF REPRESENTATIVES

                         ~  -~►♦ 'IY\b \\..'>,,\4\_.
                                  -\ - - -_ RANDY rkNALLY
                                     SPEAKER OF THE SENATE

APPROVED this :)tStJ_ day of (V)Q\lrc,h  2025

  &tu

BILL LEE, GOVERNOR