Murder in Tennessee law
Murder in Tennessee constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Tennessee.
The United States Centers for Disease Control and Prevention reported that in the year 2021, the state had a murder rate somewhat above the median for the entire country.[1]
Definitions
First-degree murder
First-degree murder is the most serious homicide offense in Tennessee. It is defined as either an intentional killing of another person with premeditation, or the killing of a person during the perpetration or attempted perpetration of one of the following felonies under Tennessee's felony murder rule:[2]
- Arson
- Robbery
- Burglary
- Theft
- Kidnapping
- Aggravated abuse of an elderly or vulnerable adult
- Aggravated neglect of an elderly or vulnerable adult
- Aggravated child abuse
- Aggravated child neglect
- Aircraft piracy
- Throwing, placing, or discharging of a destructive device or bomb
- Terrorism
- Aggravated rape
- Rape
- Rape of a child
- Aggravated rape of child
The penalties for first-degree murder are the death penalty, life imprisonment without the possibility of parole, or life-with-parole after 51 years.[3] The only exception for the death penalty is juvenile offenders, as the death penalty for minors was abolished nationwide in 2005. Tennessee Governor Bill Lee currently has set a moratorium on executions, citing concerns about botched executions.[4]
Second-degree murder
Second-degree murder is the second most serious homicide offense in Tennessee. It is defined as one of the following:[5]
- The intentional killing of another person without premeditation
- The death of another person caused by the unlawful sale of drugs
- The killing of another person as a result of domestic abuse, assault, or the infliction of bodily injury when the perpetrator should have known that the action could have resulted in death
The penalty for second-degree murder is 15 to 60 years in prison.
Penalties
The penalties for homicide offenses in Tennessee are listed below.[2]
| Offense | Mandatory sentence |
|---|---|
| Criminally negligent homicide | 1 to 6 years in prison |
| Aiding suicide | 2 to 12 years in prison |
| Reckless homicide | |
| Third-degree vehicular homicide | |
| Second-degree vehicular homicide | 3 to 15 years in prison |
| First-degree vehicular homicide | 8 to 30 years in prison |
| Voluntary manslaughter | |
| Second-degree murder | 15 to 60 years in prison |
| First-degree murder |
|
Notes
- Tennessee Governor Bill Lee has set a moratorium on Tennessee's death penalty.
References
- "Stats of the States - Homicide Mortality". www.cdc.gov. March 2, 2022. Retrieved September 12, 2023.
- "Section 39-13-202 - First degree murder, Tenn. Code § 39-13-202". Casetext. Retrieved September 12, 2023.
- "Tennessee First-Degree Murder". FindLaw.
- "Tennessee Governor Halts Executions Scheduled for 2022 to Conduct Review of Execution Protocol 'Oversight'". Death Penalty Information Center. May 3, 2022. Retrieved September 12, 2023.
- "Section 39-13-210 - Second degree murder, Tenn. Code § 39-13-210". Casetext. Retrieved September 12, 2023.