Tennessee Code Annotated
Tenn. Code Ann. § 39-11-113 (2026)
Penalty for felony where punishment not prescribed
✓ current as of May 2026
Every person who is convicted of a felony, the punishment for which is not otherwise prescribed by a statute of this state, shall be sentenced as for a Class E felony.
Acts 1989, ch. 591, § 1.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 1998–2022 · leading case: State of Tennessee v. Marvin Maurice Deberry (2022).
State of Tennessee v. Marvin Maurice Deberry (2022). “” Tenn. Code Ann. § 39-11-113 (2018). And section 39-11-114 provides that “[e]very person who is convicted of a misdemeanor, the punishment for which is not otherwise prescribed by a statute of this state, shall be sentenced as for a Class A misdemeanor.”
State v. Foulks (Tenn. Crim. App. 1998). “§ 39-1-201 (1982) (repealed) (recodified as amended at § 39-11-113 (1997)). Furthermore, because the punishment is not death or life imprisonment under § 40-2-101(a), and not “expressly limited to five (5) years or less” under § 40-2-101(b), the appropriate statute of…”
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