Tennessee § 40-35-113 Mitigating factors

Tennessee Statutes

§ 40-35-113 — Mitigating factors

If appropriate for the offense, mitigating factors may include, but are not limited to:

(1)The defendant's criminal conduct neither caused nor threatened serious bodily injury;

(2)The defendant acted under strong provocation;

(3)Substantial grounds exist tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense;

(4)The defendant played a minor role in the commission of the offense;

(5)Before detection, the defendant compensated or made a good faith attempt to compensate the victim of criminal conduct for the damage or injury the victim sustained;

(6)The defendant, because of youth or old age, lacked substantial judgment in committing the offense;

(7)The defendant was motivated by a desire to provide necessities for the defendant's family or

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If appropriate for the offense, mitigating factors may include, but are not limited to: (1) The defendant's criminal conduct neither caused nor threatened serious bodily injury; (2) The defendant acted under strong provocation; (3) Substantial grounds exist tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense; (4) The defendant played a minor role in the commission of the offense; (5) Before detection, the defendant compensated or made a good faith attempt to compensate the victim of criminal conduct for the damage or injury the victim sustained; (6) The defendant, because of youth or old age, lacked substantial judgment in committing the offense; (7) The defendant was motivated by a desire to provide necessities for the defendant's family or the defendant's self; (8) The defendant was suffering from a mental or physical condition that significantly reduced the defendant's culpability for the offense; however, the voluntary use of intoxicants does not fall within the purview of this factor; (9) The defendant assisted the authorities in uncovering offenses committed by other persons or in detecting or apprehending other persons who had committed the offenses; (10) The defendant assisted the authorities in locating or recovering any property or person involved in the crime; (11) The defendant, although guilty of the crime, committed the offense under such unusual circumstances that it is unlikely that a sustained intent to violate the law motivated the criminal conduct; (12) The defendant acted under duress or under the domination of another person, even though the duress or the domination of another person is not sufficient to constitute a defense to the crime, including a misdemeanor or non-violent felony committed while the defendant was a victim of human trafficking or a commercial sex act; and (13) Any other factor consistent with the purposes of this chapter.

Tennessee § 40-35-113 (Mitigating factors) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.