Section 39-14-146 - Theft of property - Conduct involving merchandise(a) For purposes of § 39-14-103, a person commits theft of property if the person, with the intent to deprive a merchant of the stated price of merchandise, knowingly commits any of the following acts:(1) Conceals the merchandise;(2) Removes, takes possession of, or causes the removal of merchandise;(3) Alters, transfers or removes any price marking, or any other marking which aids in determining value affixed to the merchandise;(4) Transfers the merchandise from one (1) container to another; (5) Causes the cash register or other sales recording device to reflect less than the merchant's stated price for the merchandise;(6) Removes, destroys, deactivates, or evades any component of an anti-shoplifting or inventory control device to commit or facilitate a theft;(7) Uses any artifice, instrument, container, device, or other article to commit or facilitate a theft; or(8) Activates or interferes with a fire alarm system to commit or facilitate a theft.(b) In a theft prosecution under this section, unless applicable, the state is not required to prove that the defendant obtained or exercised control over the merchandise as required in a prosecution under § 39-14-103.(c) Notwithstanding any other law, a fifth or subsequent conviction in a two-year period shall be punished one (1) classification higher than provided by § 39-14-105, and subject to a fine of not less than three hundred dollars ($300) nor more than the maximum fine established for the appropriate offense classification.Amended by 2017 Tenn. Acts, ch. 184,s 2, eff. 7/1/2017.Amended by 2017 Tenn. Acts, ch. 184,s 1, eff. 7/1/2017.