Tennessee § 39-12-107 - Grading attempt, solicitation and conspiracy.

§ 39-12-107. Grading attempt, solicitation and conspiracy.

Criminal attempt is an offense one (1) classification lower than the most serious crime attempted, unless the offense attempted was a Class C misdemeanor, in which case the attempt would not be an offense. Solicitation is an offense two (2) classifications lower than the most serious offense solicited, unless the offense solicited was a Class B or C misdemeanor, in which case the solicitation would not be an offense. Except as provided in § 39-17-417(i) and (j), conspiracy is an offense one (1) classification lower than the most serious offense that is the object of the conspiracy, unless the offense conspired was a Class C misdemeanor, in which case the conspiracy would not be an offense. Acts 1989, ch. 591, § 1. Sentencing Commission Comments. This section departs from prior Tennessee law and provides a gradation of penalties for the preparatory offenses of attempt, solicitation, and conspiracy. This section provides that the punishment for attempt or conspiracy is one category lower than the most serious offense that was the object of the attempt or conspiracy, and the punishment for solicitation is two classifications lower than the most serious offense solicited. For example, kidnapping is a Class C felony. Therefore, an attempt or conspiracy to commit kidnapping is punished as a Class D felony, and solicitation to kidnap is punished as a Class E felony. The only exception to this rule is in § 39-17-417(i) and (j), which makes the punishment for serious drug conspiracies the same as for the completed offense. The commission believes this additional sanction is appropriate for drug conspiracies involving substantial quantities of drugs. 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 . Criminal Sentencing Reform Act, title 40, ch. 35. Felonies and misdemeanors distinguished, § 39-11-110 . Incapacity, irresponsibility or immunity of party to attempt, solicitation or conspiracy, defenses, § 39-12-105 . Penalties for Class B and C misdemeanors, § 40-35-111 . Penalty for felony where punishment not prescribed, § 39-11-113 . Penalty for misdemeanor where punishment not prescribed, § 39-11-114 . Solicitation, § 39-12-102 .