Tennessee § 39-13-202 - First degree murder.

§ 39-13-202. First degree murder.

First degree murder is: A premeditated and intentional killing of another; A killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, act of terrorism, arson, rape, robbery, burglary, theft, kidnapping, physical abuse in violation of § 71-6-119, aggravated neglect of an elderly or vulnerable adult in violation of § 39-15-508, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child or aircraft piracy; or A killing of another committed as the result of the unlawful throwing, placing or discharging of a destructive device or bomb. No culpable mental state is required for conviction under subdivision (a)(2) or (a)(3), except the intent to commit the enumerated offenses or acts in those subdivisions. A person convicted of first degree murder shall be punished by: Death; Imprisonment for life without possibility of parole; or Imprisonment for life. As used in subdivision (a)(1), “premeditation” is an act done after the exercise of reflection and judgment. “Premeditation” means that the intent to kill must have been formed prior to the act itself. It is not necessary that the purpose to kill preexist in the mind of the accused for any definite period of time. The mental state of the accused at the time the accused allegedly decided to kill must be carefully considered in order to determine whether the accused was sufficiently free from excitement and passion as to be capable of premeditation. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 15; 1991, ch. 377, § 2; 1993, ch. 338, § 1; 1993, ch. 473, § 1; 1994, ch. 883, § 1; 1995, ch. 460, § 1; 1998, ch. 1040, § 3; 2002, ch. 849, § 2a; 2007, ch. 158, § 2; 2018, ch. 1050, § 6. Compiler's Notes. Acts 1993, ch. 473, § 16 provided that the amendment by that act shall apply to all offenses committed on or after July 1, 1993. Acts 2018, ch. 1050, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Elderly and Vulnerable Adult Protection Act of 2018.” Acts 2018, ch. 1050, § 17 provided that the act, which amended this section, shall apply to acts committed on or after January 1, 2019. Amendments. The 2018 amendment, effective January 1, 2019, inserted “, physical abuse in violation of § 71-6-119 , aggravated neglect of an elderly or vulnerable adult in violation of § 39-15-508 ” in (a)(2). Effective Dates. Acts 2018, ch. 1050, § 17. January 1, 2019; provided that for purposes of promulgating rules the act took effect May 21, 2018. Cross-References. Abuse, neglect, or sexual abuse, § 37-5-512 . Airport and aircraft security, § 39-17-109 . Arson, title 39, ch. 14, part 3. Burglary, title 39, ch. 14, part 4. Child abuse, title 39, ch. 15, part 4. Criminal attempt, § 39-12-101 . Criminal Sentencing Reform Act, title 40, ch. 35. Culpability, title 39, ch. 11, part 3. Kidnapping, title 39, ch. 13, part 3. Post-conviction DNA analysis, title 40, ch. 30, part 3. Robbery, title 39, ch. 13, part 4. Sexual offenses, title 39, ch. 13, part 5. Terrorism Prevention and Response Act, title 39, ch. 13, part 8. Theft, title 39, ch. 14, part 1. Transfer from juvenile court, sentence of death prohibited, § 37-1-134 . Use of force defending residence against intruder, § 39-11-611 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 4.3, 15.9, 32.30. Tennessee Jurisprudence, 2 Tenn. Juris, Appeal and Error, §§ 151, 190, 233; 11 Tenn. Juris., Evidence, §§ 80.1, 185; 14 Tenn. Juris., Homicide, §§ 2, 6, 8, 9, 13-17. Law Reviews. Adjudicating Claims of Innocence for the Capitally Condemned in Tennessee: Embracing a Truth Forum (Dwight Aarons), 76 Tenn. L. Rev. 511 (2009). Criminal Attempt — Murder Two: The Law in Tennessee After State v. Kimbrough (Barbara Kritchevsky), 28 U. Mem. L. Rev. 3 (1997). Criminal Procedure — Capital Punishment — Motions to Reopen Petitions for Post-Conviction Relief, 81 Tenn. L. Rev. 389 (2014). Recent Developments — Tennessee Homicide Law, 60 Tenn. L. Rev. 675 (1993). Tennessee's Death Penalty: An Overview of the Procedural Safeguards, 31 U. Mem. L. Rev. 779 (2001). The Trexler Saga: Hale & Middlebrooks (Gary R. Wade), 23 Mem. St. U.L. Rev. 319 (1993). Attorney General Opinions. Constitutionality, OAG 94-31 (3/14/94). Minimum length of service for life sentences after July 1, 1995, OAG 97-098 (7/1/97).