Tennessee § 39-11-407 - Defenses excluded.

§ 39-11-407. Defenses excluded.

In a prosecution in which a person's criminal responsibility is based upon the conduct of another, the person may be convicted on proof of commission of the offense and that the person was a party to or facilitated its commission, and it is no defense that: The other belongs to a class of persons who by definition of the offense is legally incapable of committing the offense in an individual capacity; or The person for whose conduct the defendant is criminally responsible has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or different type or class of offense, or is immune from prosecution. Acts 1989, ch. 591, § 1. Sentencing Commission Comments. This section reflects a policy determination that, in a case involving multiple offenders, a conviction should be sustained where there is sufficient evidence to support it, regardless of whether there is a failure of proof in another case involving other people. Thus, the defendant may be convicted whether the other parties to the offense are convicted, acquitted, or incapable of criminal responsibility. 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. Affirmative defense, § 39-11-204 . General defenses, title 39, ch. 11, part 5.