“Actus non facit reum nisi mens sit rea” is a latin phrase which translated means “the act does not make a person guilty unless the mind be also guilty”. In other words, to be guilty of a crime there must be some level of mental culpability (ie: intentional, reckless, negligent). An individual’s action is referred to as the ‘actus rea’ and the mental state of the actor referred to as the ‘mens rea’. You cannot be found guilty of a crime unless the requisite mental culpability has been established. There are some exceptions for strict liability acts, but we’ll discuss that at another time. This legal principle is the basis for the varying degrees of crimes – including murder. The result of any killing is the same – an individual or individuals are dead. Whether and how we should punish those responsible for the killing is determined by the different degrees of homicide. The varying degrees of murder are probably the most well-known in our society. The terminology is different from state to state and the purpose of this blog is to familiarize you with the murder or homicide statute in Tennessee.

Criminal Homicide in Tennessee is the unlawful killing of another person which may be First (1st) degree murder, Second (2nd) degree murder, voluntary manslaughter, criminally negligent homicide or vehicular homicide.

First (1st) Degree Murder in Tennessee is a Felony  and includes:

1)      The premeditated and intentional killing of another, or

2)      The killing of another while committing a dangerous felony (more specifically: act of terrorism, arson, rape, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child, or aircraft piracy), or

3)      The killing as a result of the placement from a bomb or other destructive device

If convicted of First Degree Murder, the possible sentences include death, life without the possibility of parole or life (with the possibility of parole).

Second Degree Murder in Tennessee is:

1)      The knowing killing of another; or

2)      Any death resulting from unlawful distribution of Schedule I or II drugs if the drugs cause the death.

A conviction of Second (2nd) Degree Murder in Tennessee is a Class A Felony.

Voluntary Manslaughter in Tennessee is the killing in the heat of passion with sufficient provocation to cause a reasonable person to behave in an irrational manner.

Voluntary Manslaughter is a Class D Felony in Tennessee.

Reckless Homicide in Tennessee is simply, the reckless killing of another and is a Class D Felony. It provides for a lower standard of mental culpability, or mens rea. Reckless is conduct whereby the actor does not desire harmful consequence but foresees (or should foresee) the possibility and consciously takes the risk.

Reckless Homicide is a Class E Felony in Tennessee.

Criminally Negligent Homicide in Tennessee is criminally negligent conduct that results in death. For there to be criminal negligence, there must be “a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person’s standpoint.” Tenn.Code Ann. § 39-11-302(d) (2003). Furthermore, “the accused must know, or should know, that his or her conduct, or the result of that conduct, will imperil the life of another given the circumstances that exist when the conduct takes place.” State v. Adams, 916 S.W.2d 471, 474 (Tenn.Crim.App.1995). It is also necessary that in addition to being criminally negligent, the defendant’s conduct be the proximate cause of the ensuing death. See State v. Farner, 66 S.W.3d 188, 199 (Tenn.2001). In other words, the victim’s death needs to be the natural and probable result of the defendant’s unlawful conduct. Id. At 203. However, the defendant’s actions “need not be the sole or immediate cause of the victim’s death.” Id. (citing Letner v. State, 156 Tenn. 68, 299 S.W. 1049, 1051 (1927)). If the direct cause of the death is an act of the victim or third party, the defendant may still be liable if the act of the victim or third party is a natural and probable result of the defendant’s conduct. See Letner, 299 S.W. at 1051 (upholding a conviction where the defendant shot into the river near a small boat which so frightened the deceased that he jumped overboard and was drowned); Cole v. State, 512 S.W.2d 598 (Tenn.Crim.App.1974) (upholding a conviction of defendant who was drag-racing a second automobile and that second automobile collided with the victim’s car, killing the victim).

Criminally Negligent Homicide in Tennessee is a Class E Felony.

Vehicular Homicide in Tennessee is the reckless killing of another with an automobile, airplane, motorboat or other motor vehicle, due to one of the following:

–        Conduct creating a substantial risk of death or serious bodily injury to a person;

–        The driver’s intoxication, as set forth in the Tennessee DUI law;

–        Due to drag racing;

–        The driver’s conduct in a posted construction zone where the person killed was an employee of the Tennessee department of transportation or a highway construction worker.

A vehicular homicide conviction in Tennessee is a Class B, C, or D Felony and carries with any sentence a mandatory driver’s license revocation of three (3) to ten (10) years.

If you have been charged with any Tennessee criminal offense you should immediately consult with a criminal attorney. Both misdemeanor and felony convictions may carry other consequences to which you need to be fully aware prior to discussing any plea agreement. Have a criminal lawyer review your case, determine what defenses you may have and discuss whether to take your case to trial or attempt to negotiate a plea agreement.

Our firm, with a former Metropolitan Nashville and Davidson County prosecutor on staff has experience handling and successfully trying thousands of criminal cases ranging from DUI’s to homicide. Contact us today at (615) 829 – 8259.