Tennessee § 39-13-211 - Voluntary manslaughter.

§ 39-13-211. Voluntary manslaughter.

Voluntary manslaughter is the intentional or knowing killing of another in a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner. Voluntary manslaughter is a Class C felony. Acts 1989, ch. 591, § 1; T.C.A., § 39-13-207 ; Acts 1990, ch. 1038, § 4. Sentencing Commission Comments. While the terminology is slightly different from the common law definition of voluntary manslaughter, the basic principles of voluntary manslaughter remain intact in this section. First, the defendant's “passions” must be produced by “adequate provocation” which would lead a “reasonable person” to act in an irrational manner. The latter phrase “irrational manner” is utilized so as to encompass a broad consideration of mental states produced by adequate provocation. This section should also be read in conjunction with § 39-13-201 , which defines a “deliberate act” as one performed with a cool purpose [definition deleted by 1995 amendment of § 39-13-201 ]. If the state proves a premeditated and deliberate killing of another, meaning that the state has proven the absence of passion or provocation, then, under § 39-13-202 , the defendant should be adjudged guilty of first degree murder. The fact-finder may consider lesser included offenses of second degree murder or voluntary manslaughter. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Culpability, title 39, ch. 11, part 3. Penalty for Class C felony, § 40-35-111 . Use of force defending residence against intruder, § 39-11-611 . Textbooks. Tennessee Jurisprudence, 4 Tenn. Juris., Automobiles, §§ 33, 35; 14 Tenn. Juris., Homicide, §§ 19, 61. Law Reviews. Criminal Attempt — Murder Two: The Law in Tennessee After State v. Kimbrough (Barbara Kritchevsky), 28 U. Mem. L. Rev. 3 (1997). Homicide: An Enlightened Step Forward in Revitalization of the Tennessee Penal Code (Randall M. Pais), 41 Tenn. L. Rev. 687.