Tennessee Statutes

§ 39-11-407 — Defenses excluded

Tennessee § 39-11-407

This text of Tennessee § 39-11-407 (Defenses excluded) 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. § 39-11-407 (2026).

Text

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.

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Related

State v. Forbes
918 S.W.2d 431 (Court of Criminal Appeals of Tennessee, 1995)
358 case citations
State v. Jones
15 S.W.3d 880 (Court of Criminal Appeals of Tennessee, 1999)
152 case citations
State v. Hawk
170 S.W.3d 547 (Tennessee Supreme Court, 2005)
46 case citations
State v. Lewis
919 S.W.2d 62 (Court of Criminal Appeals of Tennessee, 1995)
39 case citations
State v. Hicks
835 S.W.2d 32 (Court of Appeals of Tennessee, 1992)
23 case citations
Cole v. Myers
(W.D. Tennessee, 2020)
State of Tennessee v. Jarus Smith
(Court of Criminal Appeals of Tennessee, 2015)
State of Tennessee v. Steven Michael Odom
(Court of Criminal Appeals of Tennessee, 2019)
Cortney R. Logan v. State of Tennessee
(Court of Criminal Appeals of Tennessee, 2024)
State of Tennessee v. Frank E. Huey, Ronnie Finch & Jeffrey L. Gills
(Court of Criminal Appeals of Tennessee, 2002)
State of Tennessee v. Roy L. Denton
(Court of Criminal Appeals of Tennessee, 2002)
State of Tennessee v. Ronnie Michael Cauthern
(Court of Criminal Appeals of Tennessee, 2008)
State of Tennessee v. Margie Jeanette Farley
(Court of Criminal Appeals of Tennessee, 2005)
State v. James Lemacks
(Court of Criminal Appeals of Tennessee, 1997)
State of Tennessee v. Shundarius Turner
(Court of Criminal Appeals of Tennessee, 2024)
State of Tennessee v. Doyle Everette Haney
(Court of Criminal Appeals of Tennessee, 2012)
State of Tennessee v. James Alfred Reed, Jr.
(Court of Criminal Appeals of Tennessee, 2011)

Legislative History

Acts 1989, ch. 591, § 1.

Nearby Sections

15
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Bluebook (online)
Tennessee § 39-11-407, Counsel Stack Legal Research, https://law.counselstack.com/statute/tn/39-11-407.