reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 12 - DOMESTIC VIOLENCE STATE COORDINATING COUNCIL (§§ 38-12-101 — 38-12-111) › Section 38-12-105 - Funds for support services - Reimbursement

The Tennessee Coalition to End Domestic and Sexual Violence is authorized to use funds from the domestic violence community education fund established by §
36-3-616
, to provide necessary support services for the coordinating council. Coordinating council members shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
Amended by 2014 Tenn. Acts, ch. 779,s 4, eff. 7/1/2014.
Acts 1995, ch. 376, § 5.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 12 - DOMESTIC VIOLENCE STATE COORDINATING COUNCIL (§§ 38-12-101 — 38-12-111) › Section 38-12-106 - Law enforcement agency policy and education

All law enforcement agencies with personnel who are likely to encounter situations of domestic violence shall adopt a policy regarding domestic violence and provide initial and continuing education concerning the dynamics of domestic violence, and the handling, investigation and response procedures concerning reports of domestic violence to all law enforcement personnel who are likely to encounter situations of domestic violence.
Acts 1995, ch. 376, § 6.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 12 - DOMESTIC VIOLENCE STATE COORDINATING COUNCIL (§§ 38-12-101 — 38-12-111) › Section 38-12-107 - Court personnel policy and education

All state and local court administrators, court clerks, and judges, with personnel who are likely to encounter situations involving domestic violence, shall adopt a policy regarding domestic violence and provide initial and continuing education concerning the dynamics of domestic violence, and the handling and response procedures concerning allegations of domestic violence to all judges and court personnel who are likely to encounter allegations of domestic violence.
Acts 1995, ch. 376, § 7.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 12 - DOMESTIC VIOLENCE STATE COORDINATING COUNCIL (§§ 38-12-101 — 38-12-111) › Section 38-12-108 - Peace officers standards and training commission policy and education

The peace officers standards and training commission shall establish a policy regarding and a continuing education training curriculum concerning domestic violence and shall provide it to all law enforcement agencies throughout the state whose personnel are likely to encounter situations of domestic violence. The commission may adopt the policy and training curriculum developed by the domestic violence state coordinating council, and may revise the policy and training curriculum at its discretion. The commission shall require all law enforcement agencies to comply with the requirements of this part.
Acts 1995, ch. 376, § 8.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 12 - DOMESTIC VIOLENCE STATE COORDINATING COUNCIL (§§ 38-12-101 — 38-12-111) › Section 38-12-109 - Administrative office of the court policy and education

The administrative office of the courts shall establish a policy regarding, and a continuing education curriculum concerning, domestic violence and shall provide continuing education on domestic violence to all judges and court personnel throughout the state who are likely to encounter situations of domestic violence. The administrative office of the courts may adopt the policy and training curriculum developed by the domestic violence state coordinating council, and may revise the policy and training curriculum at its discretion.
Acts 1995, ch. 376, § 9.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 12 - DOMESTIC VIOLENCE STATE COORDINATING COUNCIL (§§ 38-12-101 — 38-12-111) › Section 38-12-110 - Regulation of intervention programs for perpetrators of domestic abuse

(a)
The state coordinating council shall promulgate regulations for batterers' intervention programs for perpetrators of domestic abuse as defined in §
36-3-601
, and shall certify compliance with the regulations. In formulating the regulations, the council shall conduct public hearings and shall consult with the following persons or groups:
(1)
Public and private agencies that provide batterers' intervention programs for perpetrators of domestic abuse;
(2)
Public and private agencies that provide programs for victims of domestic abuse;
(3)
Victims advocates;
(4)
Survivors of domestic abuse; and
(5)
Other persons who have demonstrated expertise and experience in the area of domestic abuse.
(b)
The regulations required by this section shall include, but not be limited to, the following topics:
(1)
Minimum standards for batterers' intervention programs; and
(2)
Monitoring and certification criteria for batterers' intervention programs.
(c)
The council may prescribe fees, not to exceed three hundred dollars ($300), for the certification of such programs.
Amended by 2013 Tenn. Acts, ch. 349,s 1, eff. 5/13/2013.
Acts 1998, ch. 945, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 12 - DOMESTIC VIOLENCE STATE COORDINATING COUNCIL (§§ 38-12-101 — 38-12-111) › Section 38-12-111 - Policies

The coordinating council has the authority to develop policies for the operation and functioning of the council.
Amended by 2014 Tenn. Acts, ch. 779,s 5, eff. 7/1/2014.
Acts 1999, ch. 257, § 4.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 13 - LAW ENFORCEMENT ADVISORY COUNCIL (§§ 38-13-101 — 38-13-104) › Section 38-13-101 - Repealed

Repealed by 2013 Tenn. Acts, ch. 201,s 1, eff. 4/23/2013.
Acts 1998, ch. 994, § 7.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 13 - LAW ENFORCEMENT ADVISORY COUNCIL (§§ 38-13-101 — 38-13-104) › Section 38-13-102 - Repealed

Repealed by 2013 Tenn. Acts, ch. 201,s 1, eff. 4/23/2013.
Amended by 2013 Tenn. Acts, ch. 236,s 35, eff. 4/19/2013.
Acts 1998, ch. 994, § 7.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 13 - LAW ENFORCEMENT ADVISORY COUNCIL (§§ 38-13-101 — 38-13-104) › Section 38-13-103 - Repealed

Repealed by 2013 Tenn. Acts, ch. 201,s 1, eff. 4/23/2013.
Acts 1998, ch. 994, § 7.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 13 - LAW ENFORCEMENT ADVISORY COUNCIL (§§ 38-13-101 — 38-13-104) › Section 38-13-104 - Repealed

Repealed by 2013 Tenn. Acts, ch. 201,s 1, eff. 4/23/2013.
Acts 1998, ch. 994, § 7.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 1 - CONSTRUCTION (§§ 39-11-101 — 39-11-118) › Section 39-11-101 - Objectives of criminal code

The general objectives of the criminal code are to:
(1)
Proscribe and prevent conduct that unjustifiably and inexcusably causes or threatens harm to individual, property, or public interest for which protection through the criminal law is appropriate;
(2)
Give fair warning of what conduct is prohibited, and guide the exercise of official discretion in law enforcement, by defining the act and the culpable mental state that together constitute an offense;
(3)
Give fair warning of the consequences of violation, and guide the exercise of official discretion in punishment, by grading of offenses; and
(4)
Prescribe penalties that are proportionate to the seriousness of the offense.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 1 - CONSTRUCTION (§§ 39-11-101 — 39-11-118) › Section 39-11-102 - Effect of criminal code

(a)
Conduct does not constitute an offense unless it is defined as an offense by statute, municipal ordinance, or rule authorized by and lawfully adopted under a statute.
(b)
Parts 1-6 of this chapter apply to offenses defined by other laws, unless otherwise provided by law.
(c)
This title does not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil suit for conduct the criminal code defines as an offense, and the civil injury is not merged into the offense.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 1 - CONSTRUCTION (§§ 39-11-101 — 39-11-118) › Section 39-11-103 - Territorial jurisdiction

(a)
Every person, whether an inhabitant of this or any other state or country, is liable to punishment by the laws of this state, for an offense committed in this state, except where it is by law cognizable exclusively in the courts of the United States.
(b)
(1)
When an offense is commenced outside of this state and consummated in this state, the person committing the offense is liable for punishment in this state in the county in which the offense was consummated, unless otherwise provided by statute.
(2)
It is no defense that the person charged with the offense was outside of this state when the offense was consummated, if the person used:
(A)
An innocent or guilty agent; or
(B)
Other means proceeding directly from the person.
(c)
When the commission of an offense commenced within this state is consummated outside of its boundaries, the offender is liable to punishment in this state in the county where the offense was commenced.
(d)
If one (1) or more elements of an offense are committed in one (1) county and one (1) or more elements in another, the offense may be prosecuted in either county. Offenses committed on the boundary of two (2) or more counties may be prosecuted in either county.
Acts 1989, ch. 591, § 1; 1990, ch. 1000, § 5.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 1 - CONSTRUCTION (§§ 39-11-101 — 39-11-118) › Section 39-11-104 - Construction of criminal code

This title shall be construed according to the fair import of its terms, including reference to judicial decisions and common law interpretations, to promote justice, and effect the objectives of the criminal code.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 1 - CONSTRUCTION (§§ 39-11-101 — 39-11-118) › Section 39-11-105 - Computation of age

A person attains a specified age on the day of the anniversary of the person's birthdate.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 1 - CONSTRUCTION (§§ 39-11-101 — 39-11-118) › Section 39-11-109 - Prosecution under more than one statute

(a)
When the same conduct may be defined under both a specific statute and a general statute, the person may be prosecuted under either statute, unless the specific statute precludes prosecution under the general statute.
(b)
When the same conduct may be defined under two (2) or more specific statutes, the person may be prosecuted under either statute unless one (1) specific statute precludes prosecution under another.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 1 - CONSTRUCTION (§§ 39-11-101 — 39-11-118) › Section 39-11-110 - Felonies and misdemeanors distinguished

All violations of law that may be punished by one (1) year or more of confinement or by the infliction of the death penalty are denominated felonies, and all violations of law punishable by fine or confinement for less than one (1) year, or both, are denominated misdemeanors.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 1 - CONSTRUCTION (§§ 39-11-101 — 39-11-118) › Section 39-11-111 - Prohibited act when no penalty prescribed is misdemeanor

When the performance or nonperformance of any act is made criminal by statute, and no penalty, punishment or forfeiture for the violation of that statute is imposed, the doing of the act is a misdemeanor.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 1 - CONSTRUCTION (§§ 39-11-101 — 39-11-118) › Section 39-11-112 - [Repealed]

When a penal statute or penal legislative act of the state is repealed or amended by a subsequent legislative act, the offense, as defined by the statute or act being repealed or amended, committed while the statute or act was in full force and effect shall be prosecuted under the act or statute in effect at the time of the commission of the offense. Except as provided under §
40-35-117
, in the event the subsequent act provides for a lesser penalty, any punishment imposed shall be in accordance with the subsequent act.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 1 - CONSTRUCTION (§§ 39-11-101 — 39-11-118) › Section 39-11-113 - Penalty for felony where punishment not prescribed

Every person who is convicted of a felony, the punishment for which is not otherwise prescribed by a statute of this state, shall be sentenced as for a Class E felony.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 1 - CONSTRUCTION (§§ 39-11-101 — 39-11-118) › Section 39-11-114 - Penalty for misdemeanor where punishment not prescribed

Every person who is convicted of a misdemeanor, the punishment for which is not otherwise prescribed by a statute of this state, shall be sentenced as for a Class A misdemeanor.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 1 - CONSTRUCTION (§§ 39-11-101 — 39-11-118) › Section 39-11-115 - Determination of value

Whenever a determination of value is necessary to assess the class of an offense in this code or the level of punishment, the determination of value shall be made by the trier of fact beyond a reasonable doubt.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 1 - CONSTRUCTION (§§ 39-11-101 — 39-11-118) › Section 39-11-117 - Classification of first degree murder

(a)
(1)
For the purposes of classification of other offenses, first degree murder is one (1) class above Class A.
(2)
Attempted first degree murder and conspiracy to commit first degree murder are Class A felonies.
(3)
Solicitation to commit first degree murder is a Class B felony.
(b)
For the sole and exclusive purpose of determining the classification of prior offenses under sentencing guidelines, first degree murder is considered a Class A offense.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 1 - CONSTRUCTION (§§ 39-11-101 — 39-11-118) › Section 39-11-118 - Restitution to victims of crime

(a)
In addition to the punishment authorized by the specific statute prohibiting the conduct, it is a part of the punishment for any offense committed in this state that the person committing the offense may be sentenced by the court to pay restitution to the victim or victims of the offense in accordance with §§
40-35-104(c)(2)
and
40-35-304
.
(b)
In addition to the punishment authorized by the specific statute prohibiting the conduct, it is a part of the punishment for the offenses named in this subsection (b) that the defendant be sentenced by the court to pay restitution to the victim or victims of §§
39-13-309
,
39-13-514
,
39-17-1005(a)
,
39-13-528(a)
, and
39-13-529(a)
in accordance with §§
40-35-104(c)(2)
and
40-35-304
.
Amended by 2013 Tenn. Acts, ch. 242, s 1, eff. 7/1/2013.
Acts 1996, ch. 699, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 2 - BURDEN OF PROOF (§§ 39-11-201 — 39-11-204) › Section 39-11-201 - Burden of proof

(a)
No person may be convicted of an offense unless each of the following is proven beyond a reasonable doubt:
(1)
The conduct, circumstances surrounding the conduct, or a result of the conduct described in the definition of the offense;
(2)
The culpable mental state required;
(3)
The negation of any defense to an offense defined in this title if admissible evidence is introduced supporting the defense; and
(4)
The offense was committed prior to the return of the formal charge.
(b)
In the absence of the proof required by subsection (a), the innocence of the person is presumed.
(c)
A person charged with an offense has no burden to prove innocence.
(d)
Evidence produced at trial, whether presented on direct or cross-examination of state or defense witnesses, may be utilized by either party.
(e)
No person may be convicted of an offense unless venue is proven by a preponderance of the evidence.
(f)
If the issue is raised in defense, no person shall be convicted of an offense unless jurisdiction and the commission of the offense within the time period specified in title 40, chapter 2 are proven by a preponderance of the evidence.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 3.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 2 - BURDEN OF PROOF (§§ 39-11-201 — 39-11-204) › Section 39-11-202 - Exception

(a)
An exception to an offense in this title is so labeled by the phrase: "It is an exception to the application of...," or words of similar import.
(b)
(1)
Unless the statute defining an offense states to the contrary, the state need not negate the existence of an exception in the charge alleging commission of the offense.
(2)
An exception to be relied upon by a person must be proven by a preponderance of the evidence.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 4.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 2 - BURDEN OF PROOF (§§ 39-11-201 — 39-11-204) › Section 39-11-203 - Defense

(a)
A defense to prosecution for an offense in this title is so labeled by the phrase: "It is a defense to prosecution under ... that ..."
(b)
The state is not required to negate the existence of a defense in the charge alleging commission of the offense.
(c)
The issue of the existence of a defense is not submitted to the jury unless it is fairly raised by the proof.
(d)
If the issue of the existence of a defense is submitted to the jury, the court shall instruct the jury that any reasonable doubt on the issue requires the defendant to be acquitted.
(e)
(1)
A ground of defense, other than one (1) negating an element of the offense or an affirmative defense, that is not plainly labeled in accordance with this part has the procedural and evidentiary consequences of a defense.
(2)
Defenses available under common law are hereby abolished.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 2 - BURDEN OF PROOF (§§ 39-11-201 — 39-11-204) › Section 39-11-204 - Affirmative defense

(a)
An affirmative defense in this title is so labeled by the phrase: "It is an affirmative defense to prosecution under .., which must be proven by a preponderance of the evidence, that ...." or words of similar import.
(b)
The state is not required to negate the existence of an affirmative defense in the charge alleging commission of the offense.
(c)
(1)
If a person intends to rely upon an affirmative defense, the person shall, no later than ten (10) days before trial, notify the district attorney general in writing of the intention, or at such time as the court may direct naming the affirmative defense or defenses to be asserted, and file a copy of the notice with the clerk.
(2)
Except as provided in this title, if there is a failure to comply with this subsection (c), the affirmative defense may not be raised; provided, that this shall not limit the right of the person to testify on the person's own behalf.
(3)
The court may, for cause shown, allow late filing of the notice or grant additional time to the parties to prepare for trial or make other orders as may be appropriate.
(4)
Evidence of an intention to raise an affirmative defense, which is later withdrawn, is not admissible in any civil or criminal proceeding against the person who gave the notice of the intention.
(5)
This subsection (c) shall only apply in courts of record.
(d)
The issue of the existence of an affirmative defense may not be submitted to the jury unless it is fairly raised by the proof and notice has been provided according to subsection (c).
(e)
If the issue of the existence of an affirmative defense is submitted to the jury, the court shall instruct the jury that the affirmative defense must be established by a preponderance of the evidence.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 5.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 3 - CULPABILITY (§§ 39-11-301 — 39-11-302) › Section 39-11-301 - Requirement of culpable mental state

(a)
(1)
A person commits an offense who acts intentionally, knowingly, recklessly or with criminal negligence, as the definition of the offense requires, with respect to each element of the offense.
(2)
When the law provides that criminal negligence suffices to establish an element of an offense, that element is also established if a person acts intentionally, knowingly or recklessly. When recklessness suffices to establish an element, that element is also established if a person acts intentionally or knowingly. When acting knowingly suffices to establish an element, that element is also established if a person acts intentionally.
(b)
A culpable mental state is required within this title unless the definition of an offense plainly dispenses with a mental element.
(c)
If the definition of an offense within this title does not plainly dispense with a mental element, intent, knowledge or recklessness suffices to establish the culpable mental state.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, §§ 6, 7.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 3 - CULPABILITY (§§ 39-11-301 — 39-11-302) › Section 39-11-302 - Definitions of culpable mental state

(a)
"Intentional" refers to a person who acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.
(b)
"Knowing" refers to a person who acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result.
(c)
"Reckless" refers to a person who acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint.
(d)
"Criminal negligence" refers to a person who acts with criminal negligence with respect to the circumstances surrounding that person's conduct or the result of that conduct when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 4 - CRIMINAL RESPONSIBILITY (§§ 39-11-401 — 39-11-411) › Section 39-11-401 - Parties to offenses

(a)
A person is criminally responsible as a party to an offense, if the offense is committed by the person's own conduct, by the conduct of another for which the person is criminally responsible, or by both.
(b)
Each party to an offense may be charged with commission of the offense.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 4 - CRIMINAL RESPONSIBILITY (§§ 39-11-401 — 39-11-411) › Section 39-11-402 - Criminal responsibility for conduct of another

A person is criminally responsible for an offense committed by the conduct of another, if:
(1)
Acting with the culpability required for the offense, the person causes or aids an innocent or irresponsible person to engage in conduct prohibited by the definition of the offense;
(2)
Acting with intent to promote or assist the commission of the offense, or to benefit in the proceeds or results of the offense, the person solicits, directs, aids, or attempts to aid another person to commit the offense; or
(3)
Having a duty imposed by law or voluntarily undertaken to prevent commission of the offense and acting with intent to benefit in the proceeds or results of the offense, or to promote or assist its commission, the person fails to make a reasonable effort to prevent commission of the offense.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 4 - CRIMINAL RESPONSIBILITY (§§ 39-11-401 — 39-11-411) › Section 39-11-403 - Criminal responsibility for facilitation of felony

(a)
A person is criminally responsible for the facilitation of a felony, if, knowing that another intends to commit a specific felony, but without the intent required for criminal responsibility under §
39-11-402(2)
, the person knowingly furnishes substantial assistance in the commission of the felony.
(b)
The facilitation of the commission of a felony is an offense of the class next below the felony facilitated by the person so charged.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 4 - CRIMINAL RESPONSIBILITY (§§ 39-11-401 — 39-11-411) › Section 39-11-404 - Corporate liability

(a)
A corporation commits an offense when:
(1)
The conduct constituting the offense consists of an intentional failure to discharge a specific duty imposed upon corporations by criminal law;
(2)
The conduct constituting the offense is engaged in, authorized, commanded or knowingly tolerated by the board of directors or by a high managerial agent acting within the scope of the agent's employment on behalf of the corporation; or
(3)
The conduct constituting the offense is engaged in by an agent of the corporation acting within the scope of the agent's employment and on behalf of the corporation, and:
(A)
The offense is a misdemeanor; or
(B)
The offense is one defined by statute which indicates a legislative intent to impose criminal liability on a corporation.
(b)
The following definitions apply in this part, unless the context requires otherwise:
(1)
"Agent" means any officer, director, servant or employee of the corporation or any other person authorized to act on behalf of the corporation; and
(2)
"High managerial agent" means an officer of a corporation or any other agent of a corporation who has duties or such responsibility that the agent's conduct reasonably may be inferred to represent the policy of the corporation.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 4 - CRIMINAL RESPONSIBILITY (§§ 39-11-401 — 39-11-411) › Section 39-11-405 - Individual liability for corporate conduct

A person is criminally liable for conduct constituting an offense that the person performs or causes to be performed in the name of or on behalf of a corporation to the same extent as if the conduct were performed in the person's own name or behalf.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 4 - CRIMINAL RESPONSIBILITY (§§ 39-11-401 — 39-11-411) › Section 39-11-406 - Affirmative defense to criminal responsibility of a corporation

(a)
It is an affirmative defense to prosecution of a corporation under §
39-11-404(a)(1) or (3)
or §
39-11-405
, which must be proven by a preponderance of the evidence, that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission.
(b)
Subsection (a) does not apply if it is plainly inconsistent with the legislative purpose expressed in the law defining the particular offense.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 4 - CRIMINAL RESPONSIBILITY (§§ 39-11-401 — 39-11-411) › Section 39-11-407 - Defenses excluded

In a prosecution in which a person's criminal responsibility is based upon the conduct of another, the person may be convicted on proof of commission of the offense and that the person was a party to or facilitated its commission, and it is no defense that:
(1)
The other belongs to a class of persons who by definition of the offense is legally incapable of committing the offense in an individual capacity; or
(2)
The person for whose conduct the defendant is criminally responsible has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or different type or class of offense, or is immune from prosecution.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 4 - CRIMINAL RESPONSIBILITY (§§ 39-11-401 — 39-11-411) › Section 39-11-411 - Accessory after the fact

(a)
A person is an accessory after the fact who, after the commission of a felony, with knowledge or reasonable ground to believe that the offender has committed the felony, and with the intent to hinder the arrest, trial, conviction or punishment of the offender:
(1)
Harbors or conceals the offender;
(2)
Provides or aids in providing the offender with any means of avoiding arrest, trial, conviction or punishment; or
(3)
Warns the offender of impending apprehension or discovery.
(b)
This section shall have no application to an attorney providing legal services as required or authorized by law.
(c)
Accessory after the fact is a Class E felony.
Acts 1989, ch. 591, § 1; 1994, ch. 978, § 4; 1995, ch. 281, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 5 - GENERAL DEFENSES (§§ 39-11-501 — 39-11-505) › Section 39-11-501 - Insanity

(a)
It is an affirmative defense to prosecution that, at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature or wrongfulness of the defendant's acts. Mental disease or defect does not otherwise constitute a defense. The defendant has the burden of proving the defense of insanity by clear and convincing evidence.
(b)
As used in this section, "mental disease or defect" does not include any abnormality manifested only by repeated criminal or otherwise antisocial conduct.
(c)
No expert witness may testify as to whether the defendant was or was not insane as set forth in subsection (a). Such ultimate issue is a matter for the trier of fact alone.
Acts 1989, ch. 591, § 1; 1995, ch. 494, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 5 - GENERAL DEFENSES (§§ 39-11-501 — 39-11-505) › Section 39-11-502 - Ignorance or mistake of fact

(a)
Except in prosecutions for violations of §§
39-13-504(a)(4)
and
39-13-522
, ignorance or mistake of fact is a defense to prosecution if the ignorance or mistake negates the culpable mental state of the charged offense.
(b)
Although a person's ignorance or mistake of fact may constitute a defense to the offense charged, the person may be convicted of the offense for which the person would be guilty if the fact were as the person believed.
(c)
It is not a defense to prosecution for a violation of §
39-13-309
, §
39-13-514
, or §
39-13-529(a), (b)(1), or (b)(2)
that the person charged was ignorant or mistaken as to the age of a minor.
Amended by 2022 Tenn. Acts, ch. 1115, s 12, eff. 7/1/2022.
Amended by 2013 Tenn. Acts, ch. 337, s 1, eff. 7/1/2013.
Acts 1989, ch. 591, § 1; 1995, ch. 495, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 5 - GENERAL DEFENSES (§§ 39-11-501 — 39-11-505) › Section 39-11-503 - Intoxication

(a)
Except as provided in subsection (c), intoxication itself is not a defense to prosecution for an offense. However, intoxication, whether voluntary or involuntary, is admissible in evidence, if it is relevant to negate a culpable mental state.
(b)
If recklessness establishes an element of an offense and the person is unaware of a risk because of voluntary intoxication, the person's unawareness is immaterial in a prosecution for that offense.
(c)
Intoxication itself does not constitute a mental disease or defect within the meaning of §
39-11-501
. However, involuntary intoxication is a defense to prosecution, if, as a result of the involuntary intoxication, the person lacked substantial capacity either to appreciate the wrongfulness of the person's conduct or to conform that conduct to the requirements of the law allegedly violated.
(d)
The following definitions apply in this part, unless the context clearly requires otherwise:
(1)
"Intoxication" means disturbance of mental or physical capacity resulting from the introduction of any substance into the body;
(2)
"Involuntary intoxication" means intoxication that is not voluntary; and
(3)
"Voluntary intoxication" means intoxication caused by a substance that the person knowingly introduced into the person's body, the tendency of which to cause intoxication was known or ought to have been known.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 5 - GENERAL DEFENSES (§§ 39-11-501 — 39-11-505) › Section 39-11-504 - Duress

(a)
Duress is a defense to prosecution where the person or a third person is threatened with harm that is present, imminent, impending and of such a nature to induce a well-grounded apprehension of death, serious bodily injury, or grave sexual abuse if the act is not done. The threatened harm must be continuous throughout the time the act is being committed, and must be one from which the person cannot withdraw in safety. Further, the desirability and urgency of avoiding the harm must clearly outweigh the harm sought to be prevented by the law proscribing the conduct, according to ordinary standards of reasonableness.
(b)
This defense is unavailable to a person who intentionally, knowingly, or recklessly becomes involved in a situation in which it was probable that the person would be subjected to compulsion.
Amended by 2021 Tenn. Acts, ch. 83, s 3, eff. 4/7/2021.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 5 - GENERAL DEFENSES (§§ 39-11-501 — 39-11-505) › Section 39-11-505 - Entrapment

It is a defense to prosecution that law enforcement officials, acting either directly or through an agent, induced or persuaded an otherwise unwilling person to commit an unlawful act when the person was not predisposed to do so. If a defendant intends to rely on the defense of entrapment, the defendant shall give to the district attorney general a notice comparable to that required for an insanity defense under Rule 12.2 of the Tennessee Rules of Criminal Procedure.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 6 - JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY (§§ 39-11-601 — 39-11-622) › Section 39-11-601 - Justification a defense

It is a defense to prosecution that the conduct of the person is justified under this part.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 6 - JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY (§§ 39-11-601 — 39-11-622) › Section 39-11-602 - Justification definitions

As used in this part, unless the context otherwise requires:
(1)
"Custody" means under arrest by a law enforcement officer, or under restraint by an officer, employee or agent of government pursuant to an order of a court;
(2)
"Deadly force" means force that is intended or known by the defendant to cause or, in the manner of its use or intended use, is capable of causing death or serious bodily injury; and
(3)
"Escape" means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose of limited period, but does not include a violation of conditions of probation or parole.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 6 - JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY (§§ 39-11-601 — 39-11-622) › Section 39-11-603 - Confinement as justifiable force

Confinement is justified when force is justified by this part, if the person takes reasonable measures to terminate the confinement as soon as the person knows it can be done safely, unless the individual confined has been arrested for an offense.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 6 - JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY (§§ 39-11-601 — 39-11-622) › Section 39-11-604 - Reckless injury of innocent third person

Even though a person is justified under this part in threatening or using force or deadly force against another, the justification afforded by this part is unavailable in a prosecution for harm to an innocent third person who is recklessly injured or recklessly killed by the use of such force.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 6 - JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY (§§ 39-11-601 — 39-11-622) › Section 39-11-605 - Civil remedies unaffected

The fact that conduct is justified under this part does not abolish or impair any remedy for the conduct that is or may be available in a civil suit.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 6 - JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY (§§ 39-11-601 — 39-11-622) › Section 39-11-609 - Necessity

Except as provided in §§
39-11-611
- 39-11-616, 39-11-620 and 39-11-621, conduct is justified, if:
(1)
The person reasonably believes the conduct is immediately necessary to avoid imminent harm; and
(2)
The desirability and urgency of avoiding the harm clearly outweigh the harm sought to be prevented by the law proscribing the conduct, according to ordinary standards of reasonableness.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 6 - JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY (§§ 39-11-601 — 39-11-622) › Section 39-11-610 - Public duty

(a)
Except as qualified by subsections (b) and (c), conduct is justified if the person reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or other tribunal, or in the execution of legal process.
(b)
The following sections of this part control:
(1)
When force is threatened or used against a person to protect persons, pursuant to §§
39-11-611
- 39-11-613;
(2)
To protect property, pursuant to §§
39-11-614
- 39-11-616; or
(3)
For law enforcement, pursuant to §
39-11-620
.
(c)
The justification afforded by this section is available if:
(1)
The person reasonably believes the court or tribunal has jurisdiction or the process is lawful, even though the court or tribunal lacks jurisdiction or the process is unlawful; or
(2)
The person reasonably believes the conduct is required or authorized to assist a public servant in the performance of the public servant's official duty, even though the public servant exceeds the public servant's lawful authority.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 6 - JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY (§§ 39-11-601 — 39-11-622) › Section 39-11-612 - Defense of third person

A person is justified in threatening or using force against another to protect a third person, if:
(1)
Under the circumstances as the person reasonably believes them to be, the person would be justified under §
39-11-611
in threatening or using force to protect against the use or attempted use of unlawful force reasonably believed to be threatening the third person sought to be protected; and
(2)
The person reasonably believes that the intervention is immediately necessary to protect the third person.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 6 - JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY (§§ 39-11-601 — 39-11-622) › Section 39-11-613 - Protection of life or health

A person is justified in threatening or using force, but not deadly force, against another, when and to the degree the person reasonably believes the force is immediately necessary to prevent the other from committing suicide or from the self-infliction of serious bodily injury.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 6 - JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY (§§ 39-11-601 — 39-11-622) › Section 39-11-614 - Protection of property

(a)
A person in lawful possession of real or personal property is justified in threatening or using force against another, when and to the degree it is reasonably believed the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
(b)
A person who has been unlawfully dispossessed of real or personal property is justified in threatening or using force against the other, when and to the degree it is reasonably believed the force is immediately necessary to reenter the land or recover the property, if the person threatens or uses the force immediately or in fresh pursuit after the dispossession:
(1)
The person reasonably believes the other had no claim of right when the other dispossessed the person; and
(2)
The other accomplished the dispossession by threatening or using force against the person.
(c)
Unless a person is justified in using deadly force as otherwise provided by law, a person is not justified in using deadly force to prevent or terminate the other's trespass on real estate or unlawful interference with personal property.
Acts 1989, ch. 591, § 1; 2009, ch. 194, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 6 - JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY (§§ 39-11-601 — 39-11-622) › Section 39-11-615 - Protection of third person's property

A person is justified in threatening or using force against another to protect real or personal property of a third person, if, under the circumstances as the person reasonably believes them to be, the person would be justified under §
39-11-614
in threatening or using force to protect the person's own real or personal property.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 6 - JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY (§§ 39-11-601 — 39-11-622) › Section 39-11-616 - Use of device to protect property

(a)
The justification afforded by §§
39-11-614
and
39-11-615
extends to the use of a device for the purpose of protecting property, only if:
(1)
The device is not designed to cause or known to create a substantial risk of causing death or serious bodily harm;
(2)
The use of the particular device to protect the property from entry or trespass is reasonable under the circumstances as the person believes them to be; and
(3)
The device is one customarily used for such a purpose, or reasonable care is taken to make known to probable intruders the fact that it is used.
(b)
Nothing in this section shall affect the law regarding the use of animals to protect property or persons.
Acts 1989, ch. 591, § 1.
2023 Tennessee Code › Title 39 - CRIMINAL OFFENSES (§§ 39-1-101 — 39-17-1812) › Chapter 11 - GENERAL PROVISIONS (§§ 39-11-101 — 39-11-717) › Part 6 - JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY (§§ 39-11-601 — 39-11-622) › Section 39-11-620 - Use of deadly force by a law enforcement officer

(a)
A law enforcement officer, after giving notice of the officer's identity as such, may use or threaten to use force that is reasonably necessary to accomplish the arrest of an individual suspected of a criminal act who resists or flees from the arrest.
(b)
Notwithstanding subsection (a), the officer may use deadly force to effect an arrest only if all other reasonable means of apprehension have been exhausted or are unavailable, and where feasible, the officer has given notice of the officer's identity as such and given a warning that deadly force may be used unless resistance or flight ceases, and:
(1)
The officer has probable cause to believe the individual to be arrested has committed a felony involving the infliction or threatened infliction of serious bodily injury or grave sexual abuse; or
(2)
The officer has probable cause to believe that the individual to be arrested poses a threat of serious bodily injury or grave sexual abuse, either to the officer or to others unless immediately apprehended.
Amended by 2021 Tenn. Acts, ch. 83, s 8, eff. 4/7/2021.
Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 9.