Tennessee § 39-11-403 - Criminal responsibility for facilitation of felony.

§ 39-11-403. Criminal responsibility for facilitation of felony.

A person is criminally responsible for the facilitation of a felony, if, knowing that another intends to commit a specific felony, but without the intent required for criminal responsibility under § 39-11-402(2), the person knowingly furnishes substantial assistance in the commission of the felony. The facilitation of the commission of a felony is an offense of the class next below the felony facilitated by the person so charged. Acts 1989, ch. 591, § 1. Sentencing Commission Comments. This section recognizes a lesser degree of criminal responsibility than that of a party under § 39-11-401 . The section states a theory of vicarious responsibility because it applies to a person who facilitates criminal conduct of another by knowingly furnishing substantial assistance to the perpetrator of a felony, but who lacks the intent to promote or assist in, or benefit from, the felony's commission. A defendant charged as a party may be found guilty of facilitation as a lesser included offense if the defendant's degree of complicity is insufficient to warrant conviction as a party. The lesser punishment is appropriate because the offender, though facilitating the offense, lacked the intent to promote, assist or benefit from the 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. Mental states, §§ 39-11-106 , 39-11-301 , 39-11-302 . Penalties for felonies, § 40-35-111 . Penalty for felony where punishment was not prescribed, § 39-11-113 . Law Reviews. State v. Carson: A Misguided Attempt to Retain the Natural and Probable Consequence Doctrine of Accomplice Liability Under the Current Tennessee Code, 29 U. Mem. L. Rev. 273 (1998).