(a) A person who claims ownership of or interest in any property which is the subject of a security interest, security agreement, deed of trust, mortgage, attachment, judgment or other statutory or equitable lien commits an offense who, with intent to hinder enforcement of that interest or misdemeanor, destroys, removes, conceals, encumbers, transfers, or otherwise harms or reduces the value of the property.
Terms Used In Tennessee Code 39-14-116. Hindering secured creditors
- attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- deed: The legal instrument used to transfer title in real property from one person to another.
- Effective consent: means assent in fact, whether express or apparent, including assent by one legally authorized to act for another. See
- equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- felony: A crime carrying a penalty of more than a year in prison.
- lien: A claim against real or personal property in satisfaction of a debt.
- misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
- mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See
- Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
- Property: means anything of value, including, but not limited to, money, real estate, tangible or intangible personal property, including anything severed from land, library material, contract rights, choses-in-action, interests in or claims to wealth, credit, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power. See
- State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) For purposes of this section, unless the context otherwise requires:
(1) “Remove” means transport, without the effective consent of the secured party, from the state or county in which the property was located when the security interest or lien attached; and
(2) “Security interest” means an interest in personal property or fixtures that secures payment or performance of an obligation.
(c) An offense under this section is a Class E felony.
[Acts 1989, ch. 591, § 1.]