Tennessee § 39-13-212 - Criminally negligent homicide.

§ 39-13-212. Criminally negligent homicide.

Criminally negligent conduct that results in death constitutes criminally negligent homicide. Criminally negligent homicide is a Class E felony. Acts 1989, ch. 591, § 1; T.C.A., § 39-13-208 ; Acts 1990, ch. 1038, § 4. Sentencing Commission Comments. Criminally negligent homicide is an offense which is new to Tennessee. It replaces involuntary manslaughter. The mens rea for criminally negligent homicide is defined in § 39-11-302(d) , which makes clear that simple negligence, as defined in civil law, is insufficient for criminal liability. Rather, criminal negligence requires “a substantial and unjustifiable risk” and the risk must be of such a nature and degree that “the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the person's standpoint.” 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. Jury may provide for punishment for less than one year, § 40-20-103 . Penalty for Class E felony, § 40-35-111 . 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).