Tennessee Code Annotated
Tenn. Code Ann. § 39-13-213 (2024)
Vehicular homicide
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (a) Vehicular homicide is the reckless killing of another by the operation of an automobile, airplane, vessel subject to registration under title 69, chapter 9, part 2, or other motor vehicle, as the proximate result of:
- (1) Conduct creating a substantial risk of death or serious bodily injury to a person;
- (2) The driver's intoxication, as set forth in § 55-10-401, or the operator's intoxication, as set forth in § 69-9-217(a). For the purposes of this section, "intoxication" includes alcohol intoxication as defined by § 55-10-411(a), drug intoxication, or both;
- (3) As the proximate result of conduct constituting the offense of drag racing as prohibited by title 55, chapter 10, part 5; or
- (4) The driver's conduct in a posted construction zone where the person killed was an employee of the department of transportation or a highway construction worker.
- (b)
- (1) Vehicular homicide under subdivision (a)(1) or (a)(3) is a Class C felony.
- (2)
- (A) Vehicular homicide under subdivision (a)(2) is a Class B felony.
- (B) Any sentence imposed for a first violation of subdivision (a)(2) shall include a mandatory minimum sentence of forty-eight (48) consecutive hours of incarceration. The person shall not be eligible for release from confinement until the person has served the entire forty-eight-hour minimum mandatory sentence.
- (C) If at the time of sentencing for a violation of subdivision (a)(2), the person has one (1) prior conviction for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of forty-five (45) consecutive days of incarceration. The person shall not be eligible for release from confinement until the person has served the entire forty-five-day minimum mandatory sentence.
- (D) If at the time of sentencing for a violation of subdivision (a)(2), the person has any combination of two (2) prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred twenty (120) consecutive days of incarceration. The person shall not be eligible for release from confinement until the person has served the entire one hundred twenty-day mandatory minimum sentence.
- (E) If at the time of sentencing for a violation of subdivision (a)(2), the person has any combination of three (3) or more prior convictions for an alcohol-related offense, any sentence imposed by the judge shall include a mandatory minimum sentence of one hundred fifty (150) consecutive days of incarceration. The person shall not be eligible for release from confinement until the person has served the entire one hundred fifty-day mandatory minimum sentence.
- (F) As used in this subdivision (b)(2), "alcohol-related offense" means a conviction for a violation of subdivision (a)(2), § 55-10-401, § 39-13-106, or § 39-13-218.
- (G) For purposes of sentencing under this subdivision (b)(2), a prior conviction for an alcohol-related offense may be used to enhance the mandatory minimum sentence regardless of whether it occurred before or after July 1, 2015, as long as the violation of this section occurs on or after July 1, 2015.
- (3) Vehicular homicide under subdivision (a)(4) is a Class D felony.
- (c) The court shall prohibit a defendant convicted of vehicular homicide from driving a vehicle or operating a vessel subject to registration in this state for a period of time not less than three (3) years nor more than ten (10) years.
Amended by 2024 Tenn. Acts, ch. 671,s 2, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 434, s 6, eff. 7/1/2021.
Amended by 2015 Tenn. Acts, ch. 125, s 3, eff. 7/1/2015.
Amended by 2013 Tenn. Acts, ch. 154, s 50, eff. 7/1/2013.
Acts 1989, ch. 591, § 1; T.C.A., § 39-13-209; Acts 1990, ch. 1038, § 4; 1995, ch. 415, § 1; 2006, ch. 971, §§ 2, 3; 2010 , ch. 1120, §§ 2, 3.
Notes of Decisions
Cited in 177
cases (17 in the last 5 years), 1993–2026 · leading case: State v. Carter, 254 S.W.3d 335 (Tenn. 2008).
State v. Carter, 254 S.W.3d 335 (Tenn. 2008). “See Tenn.Code Ann. § 39-13-213(b) (2003). A Class C felony is punishable by a term of three to fifteen years, depending upon the number and nature of any prior convictions adjudged against the defendant.”
State of Tennessee v. Corrin Kathleen Reynolds, 504 S.W.3d 283 (Tenn. 2016). “On April 17, 2012, about six months after the accident, the Knox County Grand Jury issued a presentment charging the defendant with two counts of vehicular homicide, Tenn. Code Ann. § 39-13-213 (2010), one count of vehicular assault, id.”
State v. Bingham, 910 S.W.2d 448 (Tenn. Crim. App. 1995). “” Tenn.Code Ann. § 39-13-213(a)(1) (1991 Repl.”
State v. Housewright, 982 S.W.2d 354 (Tenn. Crim. App. 1997). “Tenn.Code Ann. §§ 39-13-213(b). The Defendant moved for alternative sentencing and a hearing was conducted on January 24, 1997.”
State of Tennessee v. Kevin E. Trent, 533 S.W.3d 282 (Tenn. 2017). “Tenn. Code Ann. § 39-13-213 (a)(2), (b)(2) (2010).”
State v. Bell, 69 S.W.3d 171 (Tenn. 2002). “NOTES [1] See Tenn.Code Ann. § 39-13-213 (1997) (a class C felony).”
Benson v. State, 153 S.W.3d 27 (Tenn. 2005). “Tenn.Code Ann. § 39-13-213(b) (2003). The applicable sentencing ranges allow a maximum sentence of fifteen years for a Class C felony.”
State v. Rogers, 188 S.W.3d 593 (Tenn. 2006). “Tenn.Code Ann. § 39-13-213. Vehicular homicide, of course, requires the "operation of an automobile, airplane, motorboat, or other motor vehicle.”
State v. Williamson, 919 S.W.2d 69 (Tenn. Crim. App. 1995). “…if the accused’s conduct creates "a substantial risk of death or serious bodily injury to a person.” Term.Code Ann. § 39-13-213(a)(1).”
State of Tennessee v. Chad E. Henry, 539 S.W.3d 223 (Tenn. Crim. App. 2017). “However, Code section 55-10-406(d)(5) provides for a mandatory blood draw in certain circumstances, including the following that are relevant to Henry’s case: (A) If a law enforcement officer has probable cause to believe that the driver of a motor vehicle involved in an…”
State v. Gilliam, 901 S.W.2d 385 (Tenn. Crim. App. 1995). “These facts most clearly invoke the specific offense of vehicular homicide by recklessness, Tenn. Code Ann. § 39-13-213 . The facts would also support a conviction for second-degree murder.”
State v. Braden, 867 S.W.2d 750 (Tenn. Crim. App. 1993). “§ 39-2-231 (1982) (current version at Tenn.Code Ann. § 39-13-213 (1991)). Before an accused can be convicted of aggravated assault as a result of the operation of a motor vehicle, the state is required to prove beyond a reasonable doubt: (a) the accused was operating a motor…”
Tenn. Code Ann. § 39-13-213(2)(A): 2 cases
State of Tennessee v. Thomas J. Privett, No. M2017-00539-CCA-R3-CD (Tenn. Crim. App. Jan. 24, 2018).
State of Tennessee v. William S. Vanwinkle, No. M2017-00812-CCA-R3-CD (Tenn. Crim. App. May 25, 2018).
Tenn. Code Ann. § 39-13-213(A)(2): 1 case
State of Tennessee v. Ebony Robinson, No. M2021-01539-CCA-R3-CD (Tenn. Crim. App. Sept. 2, 2022).
Tenn. Code Ann. § 39-13-213(a): 5 cases
Moore v. State Farm Life Ins. Co., 878 S.W.2d 946 (Tenn. 1994).
State of Tennessee v. Sterling Panchikal, No. W2018-00826-CCA-R3-CD (Tenn. Crim. App. June 5, 2019).
State of Tennessee v. Johnny Morgan Dye, No. M2018-01191-CCA-R3-CD (Tenn. Crim. App. Oct. 15, 2019).
State of Tennessee v. Stephen Keith Frazier, No. W2003-01612-CCA-R3-CD (Tenn. Crim. App. June 29, 2004).
Gerber Life Ins. v. Wallace, 839 F. Supp. 2d 998 (E.D. Tenn. 2012).
Tenn. Code Ann. § 39-13-213(a)(1): 18 cases
State v. Bingham, 910 S.W.2d 448 (Tenn. Crim. App. 1995). “” Tenn.Code Ann. § 39-13-213(a)(1) (1991 Repl.”
State v. Williamson, 919 S.W.2d 69 (Tenn. Crim. App. 1995). “…if the accused’s conduct creates "a substantial risk of death or serious bodily injury to a person.” Term.Code Ann. § 39-13-213(a)(1).”
State v. Gillon, 15 S.W.3d 492 (Tenn. Crim. App. 1997).
State of Tennessee v. Timothy Clark Naifeh, No. W2015-01204-CCA-R3-CD (Tenn. Crim. App. May 27, 2016).
State of Tennesse v. Michael Eugene Chittum, No. M2008-02106-CCA-R9-CO (Tenn. Crim. App. May 27, 2009).
Tenn. Code Ann. § 39-13-213(a)(2): 54 cases
State of Tennessee v. Chad E. Henry, 539 S.W.3d 223 (Tenn. Crim. App. 2017). “However, Code section 55-10-406(d)(5) provides for a mandatory blood draw in certain circumstances, including the following that are relevant to Henry’s case: (A) If a law enforcement officer has probable cause to believe that the driver of a motor vehicle involved in an…”
State v. Williamson, 919 S.W.2d 69 (Tenn. Crim. App. 1995). “…if the accused’s conduct creates "a substantial risk of death or serious bodily injury to a person.” Term.Code Ann. § 39-13-213(a)(1).”
State v. Bowman, 327 S.W.3d 69 (Tenn. Crim. App. 2009).
State v. Rhodes, 917 S.W.2d 708 (Tenn. Crim. App. 1995).
State v. Burdine, 888 S.W.2d 463 (Tenn. Crim. App. 1994).
Tenn. Code Ann. § 39-13-213(a)(2)(1991): 1 case
Gregg v. State, No. 03C01-9705-CC-00188 (Tenn. Crim. App. Dec. 12, 1997).
Tenn. Code Ann. § 39-13-213(a)(2)(2015): 1 case
State of Tennessee v. Christopher Lynn Clark, No. W2015-01579-CCA-R3-CD (Tenn. Crim. App. Aug. 15, 2016).
Tenn. Code Ann. § 39-13-213(a)(l): 1 case
State v. Burdine, 888 S.W.2d 463 (Tenn. Crim. App. 1994).
Tenn. Code Ann. § 39-13-213(b): 7 cases
State v. Carter, 254 S.W.3d 335 (Tenn. 2008). “See Tenn.Code Ann. § 39-13-213(b) (2003). A Class C felony is punishable by a term of three to fifteen years, depending upon the number and nature of any prior convictions adjudged against the defendant.”
Benson v. State, 153 S.W.3d 27 (Tenn. 2005). “Tenn.Code Ann. § 39-13-213(b) (2003). The applicable sentencing ranges allow a maximum sentence of fifteen years for a Class C felony.”
State v. Housewright, 982 S.W.2d 354 (Tenn. Crim. App. 1997). “Tenn.Code Ann. §§ 39-13-213(b). The Defendant moved for alternative sentencing and a hearing was conducted on January 24, 1997.”
State v. Lawrence Webb, No. 01C01-9711-CR-00519 (Tenn. Crim. App. Jan. 26, 1999).
Torian Benson v. State of Tennessee, No. W2002-02756-SC-R11-CO (Tenn. Dec. 16, 2004).
Tenn. Code Ann. § 39-13-213(b)(1): 2 cases
State of Tennessee v. Sterling Panchikal, No. W2018-00826-CCA-R3-CD (Tenn. Crim. App. June 5, 2019).
State of Tennessee v. Benjamin Monroe, No. M2007-02196-CCA-R3-CD (Tenn. Crim. App. Jan. 7, 2009).
Tenn. Code Ann. § 39-13-213(b)(1997): 1 case
State v. Housewright, 982 S.W.2d 354 (Tenn. Crim. App. 1997). “Tenn.Code Ann. §§ 39-13-213(b). The Defendant moved for alternative sentencing and a hearing was conducted on January 24, 1997.”
Tenn. Code Ann. § 39-13-213(b)(2)(A): 1 case
State of Tennessee v. Shane H. Bishop, No. W2016-01688-CCA-R3-CD (Tenn. Crim. App. May 16, 2017).
Tenn. Code Ann. § 39-13-213(b)(2)(B): 2 cases
State of Tennessee v. Ebony Robinson, No. M2021-01539-CCA-R3-CD (Tenn. Crim. App. Sept. 2, 2022).
State of Tennessee v. Stephen Jacob McKinney, No. E2020-01730-CCA-R3-CD (Tenn. Crim. App. Jan. 13, 2022).
Tenn. Code Ann. § 39-13-213(c): 8 cases
State v. Carter, 254 S.W.3d 335 (Tenn. 2008). “See Tenn.Code Ann. § 39-13-213(b) (2003). A Class C felony is punishable by a term of three to fifteen years, depending upon the number and nature of any prior convictions adjudged against the defendant.”
State of Tennessee v. Christopher C. Solomon, No. M2018-00456-CCA-R3-CD (Tenn. Crim. App. Oct. 23, 2018).
State of Tennessee v. Clifford James Engum, No. W2002-01124-CCA-R3-CD (Tenn. Crim. App. Feb. 4, 2004).
State of Tennessee v. Adrianne Elizabeth Noles, No. W2002-01558-CCA-R3-CD (Tenn. Crim. App. Dec. 12, 2002).
State of Tennessee v. Sterling Panchikal, No. W2018-00826-CCA-R3-CD (Tenn. Crim. App. June 5, 2019).
Tenn. Code Ann. § 39-13-213(e): 1 case
State v. Bingham, 910 S.W.2d 448 (Tenn. Crim. App. 1995). “” Tenn.Code Ann. § 39-13-213(a)(1) (1991 Repl.”
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