Tennessee § 40-20-108 - Sentence for definite period construed as indeterminate.
Full text of Tennessee Tennessee Code Annotated § 40-20-108 — Sentence for definite period construed as indeterminate., with citation guidance and answers to common questions.
§ 40-20-108. Sentence for definite period construed as indeterminate.
If, through mistake or otherwise, any person is sentenced for a definite period of time for any offense, the sentence shall not be void, but the person shall be deemed to be sentenced nevertheless as provided by the terms of §§ 40-20-107 — 40-20-110, and shall be entitled to all the benefits and subject to the liabilities under §§ 40-20-107 — 40-20-110 in the same manner and to the same extent as if sentence had been pronounced in the terms and manner required thereby. This section shall have no application in the case of persons convicted of second degree murder, rape of a female over the age of twelve (12) years, carnal knowledge and abuse of a female under the age of twelve (12) years, assault and battery upon a female under the age of twelve (12) years with the intent to unlawfully carnally know her, robbery by the use of a deadly weapon, or kidnapping for ransom. Persons convicted of the offenses of this subsection (b) shall be given a determinate, and not an indeterminate sentence. Acts 1913, ch. 8, § 2; Shan., § 7202a5; Code 1932, § 11770; Acts 1974, ch. 768, § 2; T.C.A. (orig. ed.), § 40-2708. Cross-References. Criminal Sentencing Reform Act, title 40, ch. 35. Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, § 48.
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 40-20-108
What does Tennessee Code Annotated § 40-20-108 cover?
Section 40-20-108 ("Sentence for definite period construed as indeterminate.") 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 § 40-20-108?
A common citation format is "Tennessee Code Annotated § 40-20-108" (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 § 40-20-108 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.