Tennessee § 39-13-210 - Second degree murder.

§ 39-13-210. Second degree murder.

Second degree murder is: A knowing killing of another; A killing of another that results from the unlawful distribution of any Schedule I or Schedule II drug, when the drug is the proximate cause of the death of the user; or A killing of another by unlawful distribution or unlawful delivery or unlawful dispensation of fentanyl or carfentanil, when those substances alone, or in combination with any substance scheduled as a controlled substance by the Tennessee Drug Control Act of 1989, compiled in chapter 17, part 4 of this title and in title 53, chapter 11, parts 3 and 4, including controlled substance analogs, is the proximate cause of the death of the user. In a prosecution for a violation of this section, if the defendant knowingly engages in multiple incidents of domestic abuse, assault or the infliction of bodily injury against a single victim, the trier of fact may infer that the defendant was aware that the cumulative effect of the conduct was reasonably certain to result in the death of the victim, regardless of whether any single incident would have resulted in the death. Second degree murder is a Class A felony. Notwithstanding the Tennessee Criminal Sentencing Reform Act of 1989, compiled in title 40, chapter 35, a person convicted of a violation of subdivision (a)(2) where the victim is a minor shall be punished from within one (1) range higher than the sentencing range otherwise appropriate for the person. Acts 1989, ch. 591, § 1; T.C.A., § 39-13-206 ; Acts 1990, ch. 980, § 6; 1990, ch. 1038, § 4; 1995, ch. 460, § 2; 2006, ch. 967, § 2; 2018, ch. 934, § 2; 2018, ch. 995, § 1. Sentencing Commission Comments. This section defines second degree murder and makes clear that the requisite mens rea for second degree murder is the “knowing” killing of another or that the killing be done recklessly as a result of unlawful distribution of a Schedule I or Schedule II drug. This section should always be read in conjunction with the first degree murder, voluntary manslaughter and criminally negligent homicide statutes. Compiler's Notes. Former § 39-13-210 , concerning a viable fetus as victim, was transferred to § 39-13-214 in 1990. Acts 2006, ch. 967, § 1 provided that the act shall be known and may be cited as the Christina Robinson Act of 2006. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Acts 2018, ch. 934, § 1 provided that the act, which amended this section, shall be known and may be cited as “Henry's Law.” Amendments. The 2018 amendment by ch. 934 added (c)(2). The 2018 amendment by ch. 995 added (a)(3). Effective Dates. Acts 2018, ch. 934 § 3. July 1, 2018. Acts 2018, ch. 995 § 2. July 1, 2018. Cross-References. Admission to bail pending appeal, § 40-11-113 . Culpability, title 39, ch. 11, part 3. Penalty for Class A felony, § 40-35-111 . Schedule I and Schedule II drugs, §§ 39-17-406 , 39-17-408 . Transfer from juvenile court, § 37-1-134 . Use of force defending residence against intruder, § 39-11-611 . Written request for charge on lesser included offense, § 40-18-110 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 32.3. Tennessee Jurisprudence, 4 Tenn. Juris., Automobiles, § 33; 14 Tenn. Juris., Homicide, §§ 12, 18, 60. Law Reviews. Criminal Attempt — Murder Two: The Law in Tennessee After State v. Kimbrough (Barbara Kritchevsky), 28 U. Mem. L. Rev. 3 (1997). Instructing the Jury on the Defense of Voluntary Intoxication in Tennessee, 39 Tenn. L. Rev. 479 (1971). Recent Developments — Tennessee Homicide Law, 60 Tenn. L. Rev. 675 (1993). Attorney General Opinions. Intentional, knowing, or reckless conduct will establish the culpable mental state for second-degree murder by unlawful distribution of illegal drugs. As a practical matter, however, the mental-state element is recklessness. The standard of “conscious indifference” announced in State v. Randolph, 676 S.W.2d 943 (Tenn. 1984) is not applicable. OAG 14-72, 2014 Tenn. AG LEXIS 74 (7/23/14)