Tennessee Code Annotated

Tenn. Code Ann. § 39-11-302 (2026)

Definitions of culpable mental state

✓ current as of May 2026

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(a) "Intentional" refers to a person who acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.

(b) "Knowing" refers to a person who acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result.

(c) "Reckless" refers to a person who acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes 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.

(d) "Criminal negligence" refers to a person who acts with criminal negligence with respect to the circumstances surrounding that person's conduct or the result of that conduct when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. 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 accused person's standpoint.

Acts 1989, ch. 591, § 1.

Notes of Decisions

Cited in 892 cases (181 in the last 5 years), 1991–2026 · leading case: State v. Ely, 48 S.W.3d 710 (Tenn. 2001).

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State v. Ely, 48 S.W.3d 710 (Tenn. 2001). · cites it 10× “" Tenn.Code Ann. § 39-11-302(b) (1997). "Reckless" conduct is defined as when the person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.”

State v. Bordis, 905 S.W.2d 214 (Tenn. Crim. App. 1995). · cites it 10× “That is, a rational trier of fact could have determined that the proof established that the defendant was “aware that [his] conduct [was] reasonably certain to have caused” the death of the victim.”

State of Tennessee v. Marlo Davis, 466 S.W.3d 49 (Tenn. 2015). · cites it 6× “” Tenn. Code Ann. § 39-11-302 (b) (2006). Whether a defendant acted knowingly in killing another is a question of fact for the jury.”

Hodges v. S.C. Toof & Co., 833 S.W.2d 896 (Tenn. 1992). · cites it 4× “T.C.A. § 39-11-302(a) (1991) (criminal definition of "intentional").”

State v. Dorantes, 331 S.W.3d 370 (Tenn. 2011). · cites it 2× “See Tenn.Code Ann. § 39-11-302 (1997); Hanson, 279 S.”

State v. Hanson, 279 S.W.3d 265 (Tenn. 2009). · cites it 2× “See Tenn.Code Ann. § 39-11-302 (1997); State v.”

State v. Page, 81 S.W.3d 781 (Tenn. Crim. App. 2002). · cites it 3× “Tenn.Code Ann. § 39-11-302. The culpable mental state is generally set forth in the statute defining the offense.”

State v. Goodwin, 143 S.W.3d 771 (Tenn. 2004). · cites it 2× “Tenn.Code Ann. § 39-11-302(c) (2003). The evidence in this case establishes that the defendant left his shotgun, which he knew to be loaded and cocked, in woods that were a mere fifty feet behind the houses on Gillespie Road.”

Jeremy Flax v. Daimler-Chrysler Corp., 272 S.W.3d 521 (Tenn. 2008). · cites it 4× “2d at 901 , with Tenn. Code Ann. § 39-11-302 (c) (2006). Because DCC’s reckless conduct resulted in the death of Joshua Flax, reckless homicide is the criminal act most analogous to DCC’s conduct.”

Finch v. State, 226 S.W.3d 307 (Tenn. 2007). · cites it 2× “” Tenn.Code Ann. § 39-11-302(a) (2006). In this case, the evidence is sufficient to support the Petitioner’s conviction of facilitating the first degree premeditated murder of Ben White if it establishes that the Petitioner provided one or both of his cohorts with substantial…”

B & L CORP. v. Thomas & Thorngren, Inc., 162 S.W.3d 189 (Tenn. Ct. App. 2004). · cites it 4× “T.C.A. § 39-11-302(a) (1991) (criminal definition of "intentional").”

Lee Carrell v. United States (Revised Version), 165 A.3d 314 (D.C. 2017). · cites it 2× “Codified Laws § 22-1-2 (2017); Tenn. Code Ann. § 39-11-302 (2016); Tex. Penal Code Ann.”

Show all 892 citing cases →

— Tenn. Code Ann. § 39-11-302(2)(a) — 1 case

State of Tennessee v. Daquan H. Fields (Tenn. Crim. App. 2021).

— Tenn. Code Ann. § 39-11-302(a) — 146 cases

State v. Bordis, 905 S.W.2d 214 (Tenn. Crim. App. 1995). “That is, a rational trier of fact could have determined that the proof established that the defendant was “aware that [his] conduct [was] reasonably certain to have caused” the death of the victim.”

Finch v. State, 226 S.W.3d 307 (Tenn. 2007). “” Tenn.Code Ann. § 39-11-302(a) (2006). In this case, the evidence is sufficient to support the Petitioner’s conviction of facilitating the first degree premeditated murder of Ben White if it establishes that the Petitioner provided one or both of his cohorts with substantial…”

Hodges v. S.C. Toof & Co., 833 S.W.2d 896 (Tenn. 1992). “T.C.A. § 39-11-302(a) (1991) (criminal definition of "intentional").”

State of Tennessee v. Christopher Lee Davis, 354 S.W.3d 718 (Tenn. 2011).

Christian Heyne v. Metro. Nashville Bd. of Pub. Educ., 380 S.W.3d 715 (Tenn. 2012).

— Tenn. Code Ann. § 39-11-302(a)(1) — 1 case

State of Tennessee v. Darrell Peterson (Tenn. Crim. App. 2025).

— Tenn. Code Ann. § 39-11-302(a)(2) — 1 case

State of Tennessee v. Kenneth Anthony Henderson (Tenn. Crim. App. 2002).

— Tenn. Code Ann. § 39-11-302(b) — 312 cases

State v. Ely, 48 S.W.3d 710 (Tenn. 2001). “" Tenn.Code Ann. § 39-11-302(b) (1997). "Reckless" conduct is defined as when the person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.”

State of Tennessee v. Marlo Davis, 466 S.W.3d 49 (Tenn. 2015). “” Tenn. Code Ann. § 39-11-302 (b) (2006). Whether a defendant acted knowingly in killing another is a question of fact for the jury.”

State v. Gray, 960 S.W.2d 598 (Tenn. Crim. App. 1997).

State v. Kelley, 34 S.W.3d 471 (Tenn. Crim. App. 2000).

— Tenn. Code Ann. § 39-11-302(c) — 75 cases

State v. Goodwin, 143 S.W.3d 771 (Tenn. 2004). “Tenn.Code Ann. § 39-11-302(c) (2003). The evidence in this case establishes that the defendant left his shotgun, which he knew to be loaded and cocked, in woods that were a mere fifty feet behind the houses on Gillespie Road.”

Hodges v. S.C. Toof & Co., 833 S.W.2d 896 (Tenn. 1992). “T.C.A. § 39-11-302(a) (1991) (criminal definition of "intentional").”

Jeremy Flax v. Daimler-Chrysler Corp., 272 S.W.3d 521 (Tenn. 2008). “2d at 901 , with Tenn. Code Ann. § 39-11-302 (c) (2006). Because DCC’s reckless conduct resulted in the death of Joshua Flax, reckless homicide is the criminal act most analogous to DCC’s conduct.”

B & L CORP. v. Thomas & Thorngren, Inc., 162 S.W.3d 189 (Tenn. Ct. App. 2004). “T.C.A. § 39-11-302(a) (1991) (criminal definition of "intentional").”

— Tenn. Code Ann. § 39-11-302(c)(2014) — 1 case

State of Tennessee v. Christopher Lynn Clark (Tenn. Crim. App. 2016).

— Tenn. Code Ann. § 39-11-302(d) — 20 cases

State of Tennessee v. Takeita M. Locke, 90 S.W.3d 663 (Tenn. 2002).

State of Tennessee v. Charles Stan Martin (Tenn. Crim. App. 2007).

State of Tennessee v. Benjamin Brown (Tenn. Crim. App. 2008).

State of Tennessee v. Roger Dale Stewart (Tenn. Crim. App. 2016).

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