Tennessee Code Annotated
Tenn. Code Ann. § 39-11-117 (2026)
Classification of first degree murder
✓ current as of May 2026
- (a)
- (1) For the purposes of classification of other offenses, first degree murder is one (1) class above Class A.
- (2) Attempted first degree murder and conspiracy to commit first degree murder are Class A felonies.
- (3) Solicitation to commit first degree murder is a Class B felony.
- (b) For the sole and exclusive purpose of determining the classification of prior offenses under sentencing guidelines, first degree murder is considered a Class A offense.
Acts 1989, ch. 591, § 1.
Notes of Decisions
Cited in 35
cases (3 in the last 5 years), 1998–2023 · leading case: State of Tennessee v. Christopher Minor, 546 S.W.3d 59 (Tenn. 2018).
State of Tennessee v. Christopher Minor, 546 S.W.3d 59 (Tenn. 2018). “Tenn. Code Ann. § 39-11-117 (2014) & Sentencing Comm’n Cmnts.”
State v. Butler, 980 S.W.2d 359 (Tenn. 1998). “Code Annotated section 39-11-117 (Sentencing Commission Comments).”
State of Tennessee v. Jessie Dotson, 450 S.W.3d 1 (Tenn. 2014). “§§ 39-11-117, 40-35-112(b)(1). The trial court imposed the maximum sentence within the range.”
State of Tennesse v. Ronnie Lucas Wilson (Tenn. Crim. App. 2021). “See T.C.A. § 39-11-117(a)(2). Three of the Defendant’s convictions for being a felon in possession of a firearm were Class B felonies, enhanced to Class A, and now revert to Class B in the absence of the gang enhancement.”
State of Tennessee v. Bruce Lee Robinson (Tenn. Crim. App. 2016). “Tennessee Code Annotated section 39-11-117(a)(1) provides that “[f]or the purposes of classification of other offenses, first degree murder is one (1) class above Class A.”
State of Tennessee v. Timothy Prink (Tenn. Crim. App. 2022). “A Range I offender convicted of a Class A felony has a sentencing range of fifteen to twenty-five years.”
State of Tennessee v. Amanda Helena Rogers (Tenn. Crim. App. 2023). “See T.C.A. §§ 39-11-117(a)(2); 39-11-403(b); 40-35-112(a)(2).”
State v. Dewayne Butler, Fredrick D. Butler, & Eric D. Alexander (Tenn. 1998). “Code Annotated section 39-11-117 (Sentencing Commission Comments).”
State of Tennessee v. William Franklin Robinette (Tenn. Crim. App. 2013). “See Tenn. Code Ann. § 39-11-117 (a)(3). Tennessee Code Annotated section 40-35-205(a) mandates that “upon a verdict or finding of guilty, the court shall, in the case of a felony, .”
State of Tennessee v. Jessie Dotson (Tenn. Crim. App. 2013). “See Tenn. Code Ann. §§ 39-11-117 , 40- 35-112(b)(1).”
Dexter F. Johnson v. State of Tennessee (Tenn. Crim. App. 2010). “Tenn. Code Ann. § 39-11-117 . Instead, first degree murder is “excluded from classification for sentencing purposes and sentenced solely according to [the] First Degree Murder statute.”
State of Tennessee v. Orlando Daniel Garcia (Tenn. Crim. App. 2010). “The defendant specifically challenges each element and argues that “[t]here was no evidence at trial that the Defendant knew that Gauna was going to kill Trooper Jenks nor was there evidence that the Defendant took affirmative actions to substantially assist in the murder.”
— Tenn. Code Ann. § 39-11-117(a)(1) — 4 cases
State of Tennessee v. Bruce Lee Robinson (Tenn. Crim. App. 2016). “Tennessee Code Annotated section 39-11-117(a)(1) provides that “[f]or the purposes of classification of other offenses, first degree murder is one (1) class above Class A.”
State of Tennessee v. Orlando Daniel Garcia (Tenn. Crim. App. 2010). “The defendant specifically challenges each element and argues that “[t]here was no evidence at trial that the Defendant knew that Gauna was going to kill Trooper Jenks nor was there evidence that the Defendant took affirmative actions to substantially assist in the murder.”
State of Tennessee v. Brandon Dewayne Theus (Tenn. Crim. App. 2017).
State of Tennessee v. Rhynuia Lamont Barnes (Tenn. Crim. App. 2002).
— Tenn. Code Ann. § 39-11-117(a)(2) — 4 cases
State of Tennesse v. Ronnie Lucas Wilson (Tenn. Crim. App. 2021). “See T.C.A. § 39-11-117(a)(2). Three of the Defendant’s convictions for being a felon in possession of a firearm were Class B felonies, enhanced to Class A, and now revert to Class B in the absence of the gang enhancement.”
State of Tennessee v. Timothy Prink (Tenn. Crim. App. 2022). “A Range I offender convicted of a Class A felony has a sentencing range of fifteen to twenty-five years.”
State of Tennessee v. Amanda Helena Rogers (Tenn. Crim. App. 2023). “See T.C.A. §§ 39-11-117(a)(2); 39-11-403(b); 40-35-112(a)(2).”
State of Tennessee v. Ryan Robert Haase (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 39-11-117(b) — 1 case
State of Tennessee v. Christopher Minor, 546 S.W.3d 59 (Tenn. 2018). “Tenn. Code Ann. § 39-11-117 (2014) & Sentencing Comm’n Cmnts.”
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