Tennessee Code Annotated
Tenn. Code Ann. § 39-11-407 (2026)
Defenses excluded
✓ current as of May 2026
In a prosecution in which a person's criminal responsibility is based upon the conduct of another, the person may be convicted on proof of commission of the offense and that the person was a party to or facilitated its commission, and it is no defense that:
- (1) The other belongs to a class of persons who by definition of the offense is legally incapable of committing the offense in an individual capacity; or
- (2) The person for whose conduct the defendant is criminally responsible has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or different type or class of offense, or is immune from prosecution.
Acts 1989, ch. 591, § 1.
Notes of Decisions
Cited in 25
cases (5 in the last 5 years), 1992–2026 · leading case: State v. Jones, 15 S.W.3d 880 (Tenn. Crim. App. 1999).
State v. Jones, 15 S.W.3d 880 (Tenn. Crim. App. 1999). “See Tenn.Code Ann. § 39-11-407. The jury accredited the testimony of Wayne Fults, to whom the defendant admitted his and Asberry’s roles in the murders.”
State v. Forbes, 918 S.W.2d 431 (Tenn. Crim. App. 1995). “Tenn. Code Ann. § 39-11-407 (2). Thus, despite the potential for seemingly anomalous results, the legislature has indicated its intent to punish those who participate in criminal offenses in a broad manner.”
State v. Hawk, 170 S.W.3d 547 (Tenn. 2005). “” Tenn.Code Ann. § 39-11-407(2) (2003). This statutory provision explicitly abrogates the common law rule as to offenders whom the common law classified as accessories before the fact.”
State v. Gennoe, 851 S.W.2d 833 (Tex. Crim. App. 1992). “Tenn.Code Ann. § 39-11-407 (Supp.1989) (emphasis added).”
State v. Lewis, 919 S.W.2d 62 (Tenn. Crim. App. 1995). “Tenn.Code Ann. § 39-11-407(2). Therefore, this issue is without merit.”
State v. Nash, 104 S.W.3d 495 (Tenn. 2003). “Tennessee Code Annotated section 39-11-407(2) states that it is no defense to facilitation that “[t]he person for whose conduct the defendant is criminally responsible has been acquitted, has not been prosecuted or convicted, or is immune from prosecution.”
State v. Hicks, 835 S.W.2d 32 (Tenn. Ct. App. 1992). “T.C.A. § 39-11-407 provides: 39-11-407. Defenses excluded.”
State of Tennessee v. Emmett Lejuan Harvell & Bardell Nelson Joseph, A/K/A Shawn Anglin, A/K/A Billontae Smontez Adams, 415 S.W.3d 853 (Tenn. Crim. App. 2010). “” T.C.A. § 39-11-407 (1989). Consequently, in Gennoe , each codefendant’s acquittal of sexual battery was no bar to their conviction for facilitation of the same offense.”
Bobby V. Summers v. Johnny Fitz, Warden (Tenn. Crim. App. 2026). “” Tenn. Code Ann. § 39-11-407 (2); see State v.”
State of Tennessee v. Shundarius Turner (Tenn. Crim. App. 2024). “” T.C.A. § 39-11-407(2). A. Aggravated Assault of Ashley Fett Defendant claims the evidence is insufficient to support his conviction for aggravated assault because Ms.”
State of Tennessee v. Doyle Everette Haney (Tenn. Crim. App. 2012). “” Tenn. Code Ann. § 39-11-407 . By virtue of Tennessee Code Annotated section 39-11-407, the Defendant cannot benefit from the fact that none of the others present were prosecuted for this offense.”
State of Tennessee v. Margie Jeanette Farley (Tenn. Crim. App. 2005). “Tenn. Code Ann. § 39-11-407 (2003). In sum, the defendant’s convictions for facilitation of especially aggravated robbery and facilitation of felony murder, two distinct and separate crimes, can stand independently regardless of whether Eric Sullivan is convicted or acquitted,…”
— Tenn. Code Ann. § 39-11-407(2) — 9 cases
State v. Hawk, 170 S.W.3d 547 (Tenn. 2005). “” Tenn.Code Ann. § 39-11-407(2) (2003). This statutory provision explicitly abrogates the common law rule as to offenders whom the common law classified as accessories before the fact.”
State v. Lewis, 919 S.W.2d 62 (Tenn. Crim. App. 1995). “Tenn.Code Ann. § 39-11-407(2). Therefore, this issue is without merit.”
State v. Nash, 104 S.W.3d 495 (Tenn. 2003). “Tennessee Code Annotated section 39-11-407(2) states that it is no defense to facilitation that “[t]he person for whose conduct the defendant is criminally responsible has been acquitted, has not been prosecuted or convicted, or is immune from prosecution.”
State of Tennessee v. Shundarius Turner (Tenn. Crim. App. 2024). “” T.C.A. § 39-11-407(2). A. Aggravated Assault of Ashley Fett Defendant claims the evidence is insufficient to support his conviction for aggravated assault because Ms.”
State of Tennessee v. Steven Michael Odom (Tenn. Crim. App. 2019).
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