Tennessee § 39-11-117 - Classification of first degree murder.

§ 39-11-117. Classification of first degree murder.

For the purposes of classification of other offenses, first degree murder is one (1) class above Class A. Attempted first degree murder and conspiracy to commit first degree murder are Class A felonies. Solicitation to commit first degree murder is a Class B felony. For the sole and exclusive purpose of determining the classification of prior offenses under sentencing guidelines, first degree murder is considered a Class A offense. Acts 1989, ch. 591, § 1. Sentencing Commission Comments. Because first degree murder is punished by either life imprisonment or death, first degree murder is not punished according to the sentencing structure provided in § 40-35-105 et seq. However, first degree murder is classified for two purposes only: (1) first degree murder is considered one class above a Class A felony for the purpose of classifying the preparatory offenses that are punished pursuant to § 39-12-107 and (2) first degree murder is classified as a Class A felony for the sole and exclusive purpose of calculating prior convictions under the sentencing structure where the defendant is convicted of a new offense. 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. Criminal Sentencing Reform Act, title 40, ch. 35. Immediate revocation of bail for certain offenses, § 40-11-113 . Penalties for Class A and B felonies, § 40-35-111 .