Tennessee Code Annotated
Tenn. Code Ann. § 39-13-208 (2026)
[Effective when contingency is met. See the version effective until contingency is met and Compiler's Notes] Notice of penalty to be sought for capital offenses
✓ current as of May 2026
- (a) Written notice that the state intends to seek the death penalty, filed pursuant to Rule 12.3(b) of the Tennessee Rules of Criminal Procedure, shall constitute notice that the state also intends to seek, as a possible punishment, a sentence of imprisonment for life without possibility of parole.
- (b) Where a capital offense is charged in the indictment or presentment and the district attorney general intends to ask for the sentence of imprisonment for life without possibility of parole, written notice shall be filed not less than thirty (30) days prior to trial. If the notice is filed later than this time, the trial judge shall grant the defendant, upon motion by the defendant, a reasonable continuance of the trial. The notice shall specify that the state intends to seek the sentence of imprisonment for life without possibility of parole and, unless the offense charged is a violation of first degree murder as described in § 39-13-202(c)(2), aggravated rape of a child, or grave torture, the notice shall specify the aggravating circumstance or circumstances the state intends to rely upon at a sentencing hearing. Specification may be complied with by a reference to the citation of the circumstance or circumstances. Such notice shall be in writing and filed with the court and served on counsel.
- (c) If notice is not filed pursuant to subsection (a) or (b), the defendant shall be sentenced to imprisonment for life by the court, if the defendant is found guilty of murder in the first degree.
- (d) The defendant and the state of Tennessee may enter into a plea agreement whereby the defendant is sentenced to imprisonment for life without possibility of parole, pursuant to Rule 11 of the Tennessee Rules of Criminal Procedure.
Amended by 2024 Tenn. Acts, ch. 951,s 27, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 1062, s 10, eff. on the thirtieth day following the occurrence of either : (1) The issuance of the judgment in a decision of the United States supreme court overruling, in whole or in relevant part, Kennedy v. Louisiana, 554 U.S. 407 (2008); or (2) The ratification of an amendment to the Constitution of the United States approving the use of the death penalty as punishment for the conviction of an offense involving the infliction of severe physical and mental pain and suffering upon the victim with the intent to perpetrate first degree murder that does not result in the death of the victim.
Amended by 2021 Tenn. Acts, ch. 528, s 19, eff. 7/1/2021.
Acts 1993, ch. 473, § 8.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
Notes of Decisions
Cited in 60
cases (8 in the last 5 years), 1990–2026 · leading case: State v. Gilliland, 22 S.W.3d 266 (Tenn. 2000).
State v. Gilliland, 22 S.W.3d 266 (Tenn. 2000). “See Tenn. Code Ann. § 39-13-208 (c). *276 The State argues in this case that the withdrawal of its intention to seek the death penalty “simply cannot be read to include a withdrawal of the notice to seek life without parole.”
State v. Berry, 141 S.W.3d 549 (Tenn. 2004). “Tenn.Code Ann. § 39-13-204(i) (1996). Accordingly, the primary concern for a defendant charged with first-degree murder is notice that he or she is facing an enhanced sentence of life without parole or death.”
State v. Davis, 141 S.W.3d 600 (Tenn. 2004). “Tenn.Code Ann. § 39-13-208 (1996); Tenn. R.”
State v. Dych, 227 S.W.3d 21 (Tenn. Crim. App. 2006). “” Tenn. Code Ann. § 39-13-208 (a) (1997). When the state does not intend to seek the death penalty in a capital case, section 39-13-208(b) further requires that the state give pre-trial written notice of its intention to seek life without the possibility of parole when this…”
State v. Cooper, 321 S.W.3d 501 (Tenn. 2010). “(citing Tenn.Code Ann. § 39-13-208(b) (1997) (requiring that written notice be filed thirty days prior to trial)).”
State v. Strode, 232 S.W.3d 1 (Tenn. 2007). “7 After reviewing the plain lan *9 guage of section 39-13-208, along with the provisions of Rules 3 and 9 of the Tennessee Rules of Appellate Procedure, we conclude that interlocutory review is appropriate.”
State of Tennessee v. Carl J. Wagner, 382 S.W.3d 289 (Tenn. 2012). “See Tenn.Code Ann. § 39-13-208(c) (2010). 8 .”
State v. Stephens, 264 S.W.3d 719 (Tenn. Crim. App. 2007). “See Tenn.Code Ann. § 39-13-208(c). However, we conclude that an oral pronouncement of sentence is not entry of the order of sentence for purposes of Rule 33.”
David Keen v. State of Tennessee, 398 S.W.3d 594 (Tenn. 2012). “test score purportedly showing that he could not be executed by virtue of Tenn. Code Ann. § 39-13-208 (2010) because he was intellectually disabled.”
State of Tennessee v. Corinio Pruitt, 415 S.W.3d 180 (Tenn. 2013). “*198 Pruitt made an oral motion challenging the appropriateness of the death penalty in his case pursuant to Tennessee Code Annotated section 39-13-208 because he had a functional I.”
State of Tennessee v. Kevin Patterson AKA John O'Keefe Varner AKA John O'Keefe Kitchen, 538 S.W.3d 431 (Tenn. 2017). “3d at 276 (citing Tenn. Code Ann. § 39-13-208 (c) ); see also Cooper , 321 S.”
State v. Owens, 820 S.W.2d 757 (Tenn. Crim. App. 1991). “The state presented several other witnesses who related incidents in which the care the appellant gave to Leanne did not conform to the instructions given by the doctors.”
— Tenn. Code Ann. § 39-13-208(a) — 11 cases
State v. Gilliland, 22 S.W.3d 266 (Tenn. 2000). “See Tenn. Code Ann. § 39-13-208 (c). *276 The State argues in this case that the withdrawal of its intention to seek the death penalty “simply cannot be read to include a withdrawal of the notice to seek life without parole.”
State v. Strode, 232 S.W.3d 1 (Tenn. 2007). “7 After reviewing the plain lan *9 guage of section 39-13-208, along with the provisions of Rules 3 and 9 of the Tennessee Rules of Appellate Procedure, we conclude that interlocutory review is appropriate.”
State v. Dych, 227 S.W.3d 21 (Tenn. Crim. App. 2006). “” Tenn. Code Ann. § 39-13-208 (a) (1997). When the state does not intend to seek the death penalty in a capital case, section 39-13-208(b) further requires that the state give pre-trial written notice of its intention to seek life without the possibility of parole when this…”
State v. Davis, 798 S.W.2d 268 (Tenn. Crim. App. 1990).
State of Tennessee v. Rodger E. Broadway (Tenn. Crim. App. 2019).
— Tenn. Code Ann. § 39-13-208(b) — 9 cases
State v. Gilliland, 22 S.W.3d 266 (Tenn. 2000). “See Tenn. Code Ann. § 39-13-208 (c). *276 The State argues in this case that the withdrawal of its intention to seek the death penalty “simply cannot be read to include a withdrawal of the notice to seek life without parole.”
State v. Cooper, 321 S.W.3d 501 (Tenn. 2010). “(citing Tenn.Code Ann. § 39-13-208(b) (1997) (requiring that written notice be filed thirty days prior to trial)).”
State v. Dych, 227 S.W.3d 21 (Tenn. Crim. App. 2006). “” Tenn. Code Ann. § 39-13-208 (a) (1997). When the state does not intend to seek the death penalty in a capital case, section 39-13-208(b) further requires that the state give pre-trial written notice of its intention to seek life without the possibility of parole when this…”
State of Tennessee v. Jose Lemanuel Hall, Jr. (Tenn. Crim. App. 2016).
State of Tennessee v. Kevin Patterson aka John O'Keefe Varner aka John O'Keefe Kitchen-Concurring (Tenn. Crim. App. 2016).
— Tenn. Code Ann. § 39-13-208(c) — 27 cases
State v. Gilliland, 22 S.W.3d 266 (Tenn. 2000). “See Tenn. Code Ann. § 39-13-208 (c). *276 The State argues in this case that the withdrawal of its intention to seek the death penalty “simply cannot be read to include a withdrawal of the notice to seek life without parole.”
State of Tennessee v. Carl J. Wagner, 382 S.W.3d 289 (Tenn. 2012). “See Tenn.Code Ann. § 39-13-208(c) (2010). 8 .”
State v. Cooper, 321 S.W.3d 501 (Tenn. 2010). “(citing Tenn.Code Ann. § 39-13-208(b) (1997) (requiring that written notice be filed thirty days prior to trial)).”
State v. Dych, 227 S.W.3d 21 (Tenn. Crim. App. 2006). “” Tenn. Code Ann. § 39-13-208 (a) (1997). When the state does not intend to seek the death penalty in a capital case, section 39-13-208(b) further requires that the state give pre-trial written notice of its intention to seek life without the possibility of parole when this…”
State v. Stephens, 264 S.W.3d 719 (Tenn. Crim. App. 2007). “See Tenn.Code Ann. § 39-13-208(c). However, we conclude that an oral pronouncement of sentence is not entry of the order of sentence for purposes of Rule 33.”
— Tenn. Code Ann. § 39-13-208(c)(2010) — 1 case
State of Tennessee v. Deshaun Jantuan Lewis (Tenn. Crim. App. 2012).
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