Tennessee § 39-11-406 Affirmative defense to criminal responsibility of a corporation

Tennessee Statutes

§ 39-11-406 — Affirmative defense to criminal responsibility of a corporation

Tennessee § 39-11-406

Title39

This text of Tennessee § 39-11-406 (Affirmative defense to criminal responsibility of a corporation) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 39-11-406 (2026).

Text

(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.

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(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.