Tenn. Code Ann. » Tenn. Code / Title 39 / Chapter 11 / Part 4
Tennessee Code Annotated

Tenn. Code Ann. § 39-11-401 (2026)

Parties to offenses

✓ current as of May 2026
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Acts 1989, ch. 591, § 1.

Notes of Decisions
Cited in 255 cases (44 in the last 5 years), 1994–2025 · leading case: State v. Dorantes, 331 S.W.3d 370 (Tenn. 2011).
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State v. Dorantes, 331 S.W.3d 370 (Tenn. 2011). · cites it 3× “After instructing the jury on the elements necessary to support a conviction for felony murder and aggravated child abuse, the trial court charged the jury using language in substantial compliance with the statutes governing criminal responsibility, Tenn. Code Ann. §§ 39-11-401…”
State v. Carson, 950 S.W.2d 951 (Tenn. 1997). · cites it 8× “We granted this appeal to determine the scope of criminal responsibility for the acts of another under Tenn.Code Ann. §§ 39-11-401 and -402. CRIMINAL RESPONSIBILITY As part of the Criminal Sentencing Reform Act of 1989, the Legislature determined that “a person is criminally…”
State v. Williamson, 919 S.W.2d 69 (Tenn. Crim. App. 1995). · cites it 6× “Tenn.Code Ann. § 39-11-401 provides that a person who is criminally responsible for the conduct of another may be liable for the crime actually committed by the principal.”
State v. Lemacks, 996 S.W.2d 166 (Tenn. 1999). · cites it 3× “As stated in the Sentencing Commission Comments, “[t]he revised code does not utilize these [common-law] terms; instead, it provides that any person may be charged as a party if he or she is criminally responsible for the perpetration of the offense.”
State v. Sherman, 266 S.W.3d 395 (Tenn. 2008). · cites it 2× “*408 This statute codified the common law theory, which “provided equal criminal liability for principals, accessories before the fact, and aiders and abettors.”
State v. Guy, 165 S.W.3d 651 (Tenn. Crim. App. 2004). · cites it 4× “Tennessee Code Annotated section 39-11-401 provides that “[a] person is criminally responsible as a party to an offense if the offense is committed by the person’s own conduct, by the conduct of another for which the person is criminally responsible, or by both.”
State of Tennessee v. Linnell Richmond, 90 S.W.3d 648 (Tenn. 2002). · cites it 2× “” Tennessee Sentencing Commission section 39-11-401 (1997). Specifically, the statute makes a defendant criminally liable for the acts of confederates that are the natural and probable consequence of the crime in which the defendant participated.”
State of Tennessee v. Jereme Dannuel Little, 402 S.W.3d 202 (Tenn. 2013). · cites it 2× “2000) (citing Tenn. Code Ann. §§ 39-11-401 , -402 sentencing commission’s cmts.”
Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007). “§§ 161.150, 161.155 (2003); 18 Pa. Cons.Stat.”
State v. Burns, 6 S.W.3d 453 (Tenn. 1999). “” § 39-11-401(b). A person is criminally responsible for the conduct of another person if that person, acting with the culpability required for the offense, uses an innocent or irre *470 sponsible person to commit an offense, see TenmCode Ann.”
State of Tennessee v. Stanley Bernard Gibson, 506 S.W.3d 450 (Tenn. 2016). · cites it 2× “Facilitation requires a lesser degree of criminal responsibility than required under section 39-11-401. Tenn. Code Ann. § 39-11-403 Sentencing Comm’n cmt.”
State v. Watson, 227 S.W.3d 622 (Tenn. Crim. App. 2006). · cites it 2× “” T.C.A. § 39-11-401 (1997), Sentencing Commission Comments.”
Show all 255 citing cases →
— Tenn. Code Ann. § 39-11-401(2) — 1 case
State of Tennessee v. Serena N. Hammond (Tenn. Crim. App. 2025).
— Tenn. Code Ann. § 39-11-401(a) — 68 cases
Davey Mann v. Alpha Tau Omega Fraternity, 380 S.W.3d 42 (Tenn. 2012).
State v. Guy, 165 S.W.3d 651 (Tenn. Crim. App. 2004). “Tennessee Code Annotated section 39-11-401 provides that “[a] person is criminally responsible as a party to an offense if the offense is committed by the person’s own conduct, by the conduct of another for which the person is criminally responsible, or by both.”
State of Tennessee v. Joseph Thomas (Tenn. Crim. App. 2016).
State of Tennessee v. Guary L. Wallace (Tenn. Crim. App. 2016).
State of Tennessee v. Marcus Williams (Tenn. Crim. App. 2016).
— Tenn. Code Ann. § 39-11-401(a)(2018) — 1 case
State of Tennessee v. Alonzo Hoskins (Tenn. Crim. App. 2021).
— Tenn. Code Ann. § 39-11-401(b) — 8 cases
State v. Burns, 6 S.W.3d 453 (Tenn. 1999). “” § 39-11-401(b). A person is criminally responsible for the conduct of another person if that person, acting with the culpability required for the offense, uses an innocent or irre *470 sponsible person to commit an offense, see TenmCode Ann.”
State of Tennessee v. Brian Mark Driggers (Tenn. Crim. App. 2011).
State of Tennessee v. David Anthony Avery & Frederick Alexander Avery, (a/k/a Alex Avery) (Tenn. Crim. App. 2009).
State of Tennessee v. Dashawn Patrick Sloan & Demetrius Trevon Higgins (Tenn. Crim. App. 2024).
State of Tennessee v. James Peebles (Tenn. Crim. App. 2009).
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