Tennessee § 39-12-104 - Renunciation defense.
Full text of Tennessee Tennessee Code Annotated § 39-12-104 — Renunciation defense., with citation guidance and answers to common questions.
§ 39-12-104. Renunciation defense.
It is an affirmative defense to a charge of criminal attempt, solicitation or conspiracy that the person, after committing the criminal attempt, solicitation or conspiracy, prevented the successful commission of the offense attempted, solicited or conspired, under circumstances manifesting a complete and voluntary renunciation of the person's criminal purpose. Acts 1989, ch. 591, § 1. Sentencing Commission Comments. This defense applies to charges of criminal attempt, solicitation, and conspiracy. Since this is an affirmative defense, the defendant has the burden to raise the defense and establish it by a preponderance of the evidence. See § 39-11-204 . This defense applies only to the preparatory offenses of attempt, solicitation, and conspiracy. The renunciation defense is designed to provide an incentive for offenders to abandon their criminal purpose before they accomplish their criminal goal. This section provides a defense only when the offender: (1) prevents successful completion of the ultimate offense; and (2) voluntarily renunciates the criminal purpose. 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 attempt, § 39-12-101 . Criminal conspiracy, § 39-12-103 . General defenses, title 39, ch. 11, part 5. Grading attempt, solicitation and conspiracy, § 39-12-107 . Incapacity, irresponsibility or immunity of party to attempt, solicitation or conspiracy, defenses, § 39-12-105 . Solicitation, § 39-12-102 . Title definitions, § 39-11-106 . Law Reviews. Book Review, Criminal Offenses and Defenses in Tennessee, 55 Tenn. L. Rev. 563 (1988).
Frequently Asked Questions About Tennessee § 39-12-104
What does Tennessee Code Annotated § 39-12-104 cover?
Section 39-12-104 ("Renunciation defense.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 39-12-104?
A common citation format is "Tennessee Code Annotated § 39-12-104" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 39-12-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.