Tennessee Code Annotated
Tenn. Code Ann. § 39-12-101 (2026)
Criminal attempt
✓ current as of May 2026
- (a) A person commits criminal attempt who, acting with the kind of culpability otherwise required for the offense:
- (1) Intentionally engages in action or causes a result that would constitute an offense, if the circumstances surrounding the conduct were as the person believes them to be;
- (2) Acts with intent to cause a result that is an element of the offense, and believes the conduct will cause the result without further conduct on the person's part; or
- (3) Acts with intent to complete a course of action or cause a result that would constitute the offense, under the circumstances surrounding the conduct as the person believes them to be, and the conduct constitutes a substantial step toward the commission of the offense.
- (b) Conduct does not constitute a substantial step under subdivision (a)(3), unless the person's entire course of action is corroborative of the intent to commit the offense.
- (c) It is no defense to prosecution for criminal attempt that the offense attempted was actually committed.
Acts 1989, ch. 591, § 1.
Notes of Decisions
Cited in 939
cases (128 in the last 5 years), 1994–2026 · leading case: State v. Mateyko, 53 S.W.3d 666 (Tenn. 2001).
State v. Mateyko, 53 S.W.3d 666 (Tenn. 2001). “*673 See Tenn.Code Ann. § 39-12-101 (1997). As the Sentencing Commission comments to this statute express the general philosophy supporting attempt offenses, “Criminal attempt is an offense directed at the individual whose intent is to commit an offense, but whose actions, while…”
State v. Elkins, 102 S.W.3d 578 (Tenn. 2003). “Tenn.Code Ann. § 39-12-101 (1997) (emphasis added).”
State v. Reeves, 916 S.W.2d 909 (Tenn. 1996). “The trial court's delinquency order, which was entered following a jury trial, was based on the jury's finding that the defendant had attempted to commit second degree murder a violation of Tenn. Code Ann. § 39-12-101 . The specific issue for our determination is whether the…”
State of Tennessee v. Christopher Lee Davis, 354 S.W.3d 718 (Tenn. 2011). “Criminal attempt is defined at Tennessee Code Annotated section 39-12-101, which provides in pertinent part that: (a) A person commits criminal attempt who, acting with the kind of culpability otherwise required for the offense: [[Image here]] (3) Acts with intent to complete a…”
State of Tennessee v. Sedrick Clayton, 535 S.W.3d 829 (Tenn. 2017). “See Tenn. Code Ann. §§ 39-12-101 , 39-13-202(a)(1), 39-14-106, 39-17-1324(a).”
Wyatt v. State, 24 S.W.3d 319 (Tenn. 2000). “THE CRIMINAL ATTEMPT STATUTE The offense of criminal attempt is codified at Tenn. Code Ann. § 39-12-101 (1997). This section states that: (a) A person commits criminal attempt who, acting with the kind of culpability otherwise required for the offense: (1) Intentionally engages…”
State v. Cribbs, 967 S.W.2d 773 (Tenn. 1998). “Tenn. Code Ann. § 39-12-101 (a) (1997 Repl.”
State v. Banks, 271 S.W.3d 90 (Tenn. 2008). “Tenn.Code Ann. § 39-12-101. As noted above, first degree murder includes the “premeditated and intentional killing of another,” TenmCode Ann.”
State v. Fowler, 3 S.W.3d 910 (Tenn. 1999). “4 Following the criminal reform legislation of 1989, the law of criminal attempt was codified at Tenn. Code Ann. § 39-12-101 . The statute provides in pertinent part that: (a) A person commits criminal attempt who, acting with the kind of culpability otherwise required for the…”
State v. Lewis, 36 S.W.3d 88 (Tenn. Crim. App. 2000). “The indictment charges that the defendant “did attempt to intentionally or knowingly take from the person of Eugene Blakemore property of value, by violence or putting Eugene Blakemore in fear and said at *94 tempted robbery was accomplished with a deadly weapon, in violation of…”
State v. Cleveland, 959 S.W.2d 548 (Tenn. 1997). “Moreover, an attempted crime, as charged here, is an inchoate offense, Tenn. Code Ann. § 39-12-101 (1990), while aggravated assault is an offense carried to completion.”
State v. Elder, 982 S.W.2d 871 (Tenn. Crim. App. 1998). “Tenn. Code Ann. § 39-12-101 (a)(l). This type of attempt is designed to reject the defense of impossibility.”
— Tenn. Code Ann. § 39-12-101(2) — 2 cases
State of Tennessee v. Decory Sanchez Smith (Tenn. Crim. App. 2025).
State of Tennessee v. Lemonderius Antwan Goodner (Tenn. Crim. App. 2023).
— Tenn. Code Ann. § 39-12-101(3) — 1 case
State v. Fowler, 3 S.W.3d 910 (Tenn. 1999). “4 Following the criminal reform legislation of 1989, the law of criminal attempt was codified at Tenn. Code Ann. § 39-12-101 . The statute provides in pertinent part that: (a) A person commits criminal attempt who, acting with the kind of culpability otherwise required for the…”
— Tenn. Code Ann. § 39-12-101(a) — 100 cases
State v. Cribbs, 967 S.W.2d 773 (Tenn. 1998). “Tenn. Code Ann. § 39-12-101 (a) (1997 Repl.”
State v. Biggs, 218 S.W.3d 643 (Tenn. Crim. App. 2006).
State of Tennessee v. Sedrick Clayton, 535 S.W.3d 829 (Tenn. 2017). “See Tenn. Code Ann. §§ 39-12-101 , 39-13-202(a)(1), 39-14-106, 39-17-1324(a).”
State v. Nix, 922 S.W.2d 894 (Tenn. Crim. App. 1995).
State v. Lewis, 36 S.W.3d 88 (Tenn. Crim. App. 2000). “The indictment charges that the defendant “did attempt to intentionally or knowingly take from the person of Eugene Blakemore property of value, by violence or putting Eugene Blakemore in fear and said at *94 tempted robbery was accomplished with a deadly weapon, in violation of…”
— Tenn. Code Ann. § 39-12-101(a)(1) — 32 cases
State of Tennessee v. Michael Green (Tenn. Crim. App. 2019).
State of Tennessee v. William Sappington (Tenn. Crim. App. 2017).
State of Tennessee v. Wayne Leonard Yelton (Tenn. Crim. App. 2019).
State of Tennessee v. Tory Blackmon (Tenn. Crim. App. 2019).
State of Tennessee v. Michael Wilson (Tenn. Crim. App. 2020).
— Tenn. Code Ann. § 39-12-101(a)(2) — 117 cases
State v. Elder, 982 S.W.2d 871 (Tenn. Crim. App. 1998). “Tenn. Code Ann. § 39-12-101 (a)(l). This type of attempt is designed to reject the defense of impossibility.”
State v. Adams, 973 S.W.2d 224 (Tenn. Crim. App. 1997).
State v. Bonds, 502 S.W.3d 118 (Tenn. Crim. App. 2015).
State v. Hall, 947 S.W.2d 181 (Tenn. Crim. App. 1997).
State v. Parris, 236 S.W.3d 173 (Tenn. Crim. App. 2007).
— Tenn. Code Ann. § 39-12-101(a)(3) — 132 cases
State v. Elkins, 102 S.W.3d 578 (Tenn. 2003). “Tenn.Code Ann. § 39-12-101 (1997) (emphasis added).”
State v. Mateyko, 53 S.W.3d 666 (Tenn. 2001). “*673 See Tenn.Code Ann. § 39-12-101 (1997). As the Sentencing Commission comments to this statute express the general philosophy supporting attempt offenses, “Criminal attempt is an offense directed at the individual whose intent is to commit an offense, but whose actions, while…”
State of Tennessee v. Christopher Lee Davis, 354 S.W.3d 718 (Tenn. 2011). “Criminal attempt is defined at Tennessee Code Annotated section 39-12-101, which provides in pertinent part that: (a) A person commits criminal attempt who, acting with the kind of culpability otherwise required for the offense: [[Image here]] (3) Acts with intent to complete a…”
State of Tennessee v. Kevin Anthony Dickson, Jr., 413 S.W.3d 735 (Tenn. 2013).
State v. Fowler, 3 S.W.3d 910 (Tenn. 1999). “4 Following the criminal reform legislation of 1989, the law of criminal attempt was codified at Tenn. Code Ann. § 39-12-101 . The statute provides in pertinent part that: (a) A person commits criminal attempt who, acting with the kind of culpability otherwise required for the…”
— Tenn. Code Ann. § 39-12-101(a)(l) — 2 cases
State v. Elder, 982 S.W.2d 871 (Tenn. Crim. App. 1998). “Tenn. Code Ann. § 39-12-101 (a)(l). This type of attempt is designed to reject the defense of impossibility.”
State of Tennessee v. Larry J. Patterson (Tenn. Crim. App. 2010).
— Tenn. Code Ann. § 39-12-101(b) — 46 cases
State v. Richardson, 251 S.W.3d 438 (Tenn. 2008).
State of Tennessee v. Glenn Fred Glatz (Tenn. Crim. App. 2020).
State of Tennessee v. Adonis Donnell Holbrooks (Tenn. Crim. App. 2020).
State of Tennessee v. Corey Allen Harris (Tenn. Crim. App. 2022).
State of Tennessee v. Betty Sparks (Tenn. Crim. App. 2022).
— Tenn. Code Ann. § 39-12-101(c) — 12 cases
State of Tennessee v. Jeremy Wendell Thorpe, 463 S.W.3d 851 (Tenn. 2015).
State v. Parris, 236 S.W.3d 173 (Tenn. Crim. App. 2007).
State of Tennessee v. Anthony J. Harris (Tenn. Crim. App. 2017).
State of Tennessee v. Joe Edward Daniels (Tenn. Crim. App. 2017).
State of Tennessee v. Michael Scott Knerr (Tenn. Crim. App. 2014).
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