When Does Shoplifting Become a Felony in Tennessee?

 Posted on April 07, 2026 in Criminal Defense

Shoplifting becomes a felony in Tennessee when the value of the merchandise stolen is more than $1,000. Under Tennessee Code Annotated § 39-14-105, which sets out how theft is graded in Tennessee, anything over that amount crosses the line from a misdemeanor into felony territory.

The higher the value of the items, the more serious the felony charge. What might seem like a minor incident can quickly turn into a charge that carries years in prison and thousands of dollars in fines. If you are facing a shoplifting charge in 2026, our Grainger County, TN criminal defense lawyer can help you understand the law and build a strong defense.

How Does Tennessee Define Shoplifting?

Tennessee does not use the word "shoplifting" in its statutes. Instead, shoplifting is charged as theft of property under Tennessee Code Annotated § 39-14-146, which specifically covers conduct involving merchandise.

Under this law, a person commits theft if they intend to deprive a merchant of the price of merchandise and knowingly do any of the following:

• Conceal merchandise anywhere on their person or in a bag or container

• Alter, switch, or remove a price tag or any marking that helps determine value

• Move merchandise from one container to another

• Cause a cash register or sales device to reflect a lower price than the actual price

• Remove, destroy, or disable any anti-shoplifting or security device

• Use any tool or item to commit or help commit a theft

• Trigger a fire alarm to create a distraction for a theft

The state does not have to prove you actually walked out of the store with the merchandise. The intent to steal and the act of trying to accomplish it are enough for a charge to be filed.

What Is the Felony Threshold for Shoplifting in Tennessee?

The line between a misdemeanor and a felony comes down to the value of the merchandise involved. The classifications of shoplifting include:

• $1,000 or less: Class A misdemeanor, up to 11 months and 29 days in jail, and a fine of up to $2,500

• More than $1,000 but less than $2,500: Class E felony, one to six years in prison

• $2,500 to $9,999: Class D felony, two to 12 years in prison

• $10,000 to $59,999: Class C felony, three to 15 years in prison

• $60,000 to $249,999: Class B felony, 8 to 30 years in prison

• $250,000 or more: Class A felony, 15 to 60 years in prison

That $1,000 threshold is important. A cart full of everyday items can easily push a charge into felony range, which is why the value of the merchandise matters so much in these cases.

Can Repeat Shoplifting Charges Make Things Worse?

Under § 39-14-146, a fifth or subsequent shoplifting conviction within a two-year period is bumped up one full classification higher than it would otherwise be. That means a charge that would normally be a misdemeanor can become a felony, and a low-level felony can jump to a more serious class, simply because of your prior record within that two-year window.

Tennessee law also allows multiple thefts that happen within 72 hours to be added together and charged as a single offense. If someone takes items from a store on Friday and again on Sunday, those two incidents can be combined into one charge based on the total value of everything taken. That can push what might have been two separate misdemeanors into felony territory.

What Defenses Are Available in a Tennessee Shoplifting Case?

There are real defenses available in shoplifting cases, and the right defense depends on the specific facts of what happened.

Lack of Intent

Tennessee law requires that the person acted with the intent to deprive the merchant of the merchandise. If there was no intent to steal, there is no crime. Accidental conduct, distraction, or confusion at checkout can all support this defense.

Challenging the Value of the Merchandise

If the prosecution's valuation is inaccurate or inflated, pushing the value below the $1,000 felony threshold can change the entire charge from a felony to a misdemeanor. This can make an enormous difference in the potential consequences.

Fourth Amendment Issues

If store security or law enforcement violated your rights during the detention or arrest, evidence gathered as a result may not be usable in court. How you were stopped, detained, and questioned all matter.

In some cases, especially for first-time offenders, diversion programs may be available. Completing a diversion program can allow the charge to be dismissed entirely, keeping the conviction off your record.

Schedule a Free Consultation With Our Blaine, TN Retail Theft Defense Attorney

Attorney Lance Baker has been recognized as a Top 40 Under 40 attorney, an honor that reflects both his skill and his commitment to fighting hard for every client he represents. Don’t risk facing the charges alone. Call The Baker Law Firm at 865-200-4117 today to speak with an experienced Grainger County, TN criminal defense lawyer.