Tennessee Code Annotated
Tenn. Code Ann. § 39-12-107 (2026)
Grading attempt, solicitation and conspiracy
✓ current as of May 2026
- (a) Criminal attempt is an offense one (1) classification lower than the most serious crime attempted, unless the offense attempted was a Class C misdemeanor, in which case the attempt would not be an offense.
- (b) Solicitation is an offense two (2) classifications lower than the most serious offense solicited, unless the offense solicited was a Class B or C misdemeanor, in which case the solicitation would not be an offense.
- (c) Except as provided in § 39-17-417(i) and (j), conspiracy is an offense one (1) classification lower than the most serious offense that is the object of the conspiracy, unless the offense conspired was a Class C misdemeanor, in which case the conspiracy would not be an offense.
Acts 1989, ch. 591, § 1.
Notes of Decisions
Cited in 90
cases (10 in the last 5 years), 1996–2025 · leading case: State v. Pike, 978 S.W.2d 904 (Tenn. 1998).
State v. Pike, 978 S.W.2d 904 (Tenn. 1998). “According to Tennessee Code Annotated section 39-12-107, "conspiracy is an offense one (1) classification lower than the most serious offense that is the object of the conspiracy.”
State v. Burns, 6 S.W.3d 453 (Tenn. 1999). “§ 39-11-403 (1991) (facilitation of a felony is an offense of the classification next below the felony facilitated by the person so charged); Tenn.Code Ann. § 39-12-107 (1991) (criminal attempt is an offense one classification lower than the most serious crime attempted;…”
State v. Boxley, 76 S.W.3d 381 (Tenn. Crim. App. 2001). “See Tenn.Code Ann. §§ 39-12-107(a); 39-13-402(b).”
State v. Hall, 947 S.W.2d 181 (Tenn. Crim. App. 1997). “Because the offense is a Class B felony, T.C.A. §§ 39-12-107(a) (1991) and 39-13-210(b) (1991), and because the defendant was found to be a Range I standard offender with respect to this conviction, this was the maximum sentence available.”
State of Tennessee v. Alkita M. Odom, 64 S.W.3d 370 (Tenn. Crim. App. 2001). “§ 39-12-107(a). This seems to us to be an absurd result.”
Commonwealth v. Barsell, 678 N.E.2d 143 (Mass. 1997). “17-A, § 153 (4) (1983) (solicitation “classified as one grade less serious than the classification of the crime solicited,” unless solicitation for murder which is a Class A crime); Tenn. Code Ann. § 39-12-107 (b) (1991) (“[s]olicitation is an offense two (2) classifications…”
State v. Trusty, 919 S.W.2d 305 (Tenn. 1996). “Criminally negligent homicide is a Class E felony, which if only attempted would be reduced to a Class A misdemeanor pursuant to Tennessee Code Annotated Section 39-12-107 (1990 Repl.). The offense would carry a sentence of eleven months and twenty-nine days.”
State of Tennessee v. German Calles (Tenn. Crim. App. 2018). “See Tenn. Code Ann. §§ 39-12-107 ; 39-13-403(b); 39-14-404; and 40-35- 112(a)(2).”
State of Tennessee v. Darrell Tywon Lockridge & Christopher Allen Turner (Tenn. Crim. App. 2010). “For a Class B felony, Appellant Lockridge was subject to a sentence of “not less than eight (8) nor more than (12) years” for each conviction. T.C.A. § 40-35-112(a)(2). As noted, the trial court sentenced Appellant Lockridge to nine years for attempted second degree murder and…”
State of Tennessee v. Buford C. Throneberry (Tenn. Crim. App. 2009). “Tennessee Code Annotated section 39-12-107 provides that criminal attempt is graded one classification lower than the most serious crime attempted, “unless the offense attempted was a Class C misdemeanor, in which case the attempt would not be an offense.”
State of Tennessee v. Joe Calvin Boyce (Tenn. Crim. App. 2005). “Tenn. Code Ann. § 39-12-101 (a)(1)-(3) (2003).”
State of Tennessee v. Jeffrey R. Dickens (Tenn. Crim. App. 2004). “Tenn. Code Ann. § 39-12-107 (a). Moreover, the legislature has specifically stated, “It is the intent of the commission that common law offenses be replaced with statutory offenses to effectuate the goals set forth in § 39-11-101(1) and (2).”
— Tenn. Code Ann. § 39-12-107(a) — 29 cases
State v. Boxley, 76 S.W.3d 381 (Tenn. Crim. App. 2001). “See Tenn.Code Ann. §§ 39-12-107(a); 39-13-402(b).”
State v. Hall, 947 S.W.2d 181 (Tenn. Crim. App. 1997). “Because the offense is a Class B felony, T.C.A. §§ 39-12-107(a) (1991) and 39-13-210(b) (1991), and because the defendant was found to be a Range I standard offender with respect to this conviction, this was the maximum sentence available.”
State of Tennessee v. Alkita M. Odom, 64 S.W.3d 370 (Tenn. Crim. App. 2001). “§ 39-12-107(a). This seems to us to be an absurd result.”
State of Tennessee v. Darrell Tywon Lockridge & Christopher Allen Turner (Tenn. Crim. App. 2010). “For a Class B felony, Appellant Lockridge was subject to a sentence of “not less than eight (8) nor more than (12) years” for each conviction. T.C.A. § 40-35-112(a)(2). As noted, the trial court sentenced Appellant Lockridge to nine years for attempted second degree murder and…”
State of Tennessee v. Travis Tate (Tenn. Crim. App. 2016).
— Tenn. Code Ann. § 39-12-107(b) — 1 case
Yasmond Fenderson v. State of Tennessee (Tenn. Crim. App. 2002).
— Tenn. Code Ann. § 39-12-107(c) — 2 cases
State of Tennessee v. Robert C. Clanton (Tenn. Crim. App. 2016).
James C. Murray v. James Fortner, Warden (Tenn. Crim. App. 2008).
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