Tenn. Code Ann. » Tenn. Code / Title 39 / Chapter 13 / Part 2
Tennessee Code Annotated

Tenn. Code Ann. § 39-13-215 (2026)

Reckless homicide

✓ current as of May 2026
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Acts 1993, ch. 306, § 2.

Notes of Decisions
Cited in 84 cases (10 in the last 5 years), 1995–2026 · leading case: Jeremy Flax v. Daimler-Chrysler Corp., 272 S.W.3d 521 (Tenn. 2008).
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Jeremy Flax v. Daimler-Chrysler Corp., 272 S.W.3d 521 (Tenn. 2008). · cites it 8× “” Tenn. Code Ann. § 39-13-215 . The meaning of the word “reckless” as it is used in that statute is identical to the meaning of “reckless” in a punitive damage context.”
State v. Ely, 48 S.W.3d 710 (Tenn. 2001). · cites it 4× “§§ 39-13-210, 40-35-111(b)(1) (1997); one convicted of reckless homicide faces from two (2) to twelve (12) years, Tenn.Code Ann. §§ 39-13-215, 40-35-111(b)(4); and one convicted of criminally negligent homicide faces from one (1) to six (6) years, Tenn.”
State v. Thomas, 158 S.W.3d 361 (Tenn. 2005). · cites it 4× “" Tenn.Code Ann. § 39-13-202(a)(2) (2003). Second degree murder requires evidence of "[a] knowing killing of another.”
State of Tennessee v. Marlo Davis, 466 S.W.3d 49 (Tenn. 2015). · cites it 4× “” Tenn. Code Ann. § 39-13-215 (a) (2006). “Like second degree murder, reckless homicide is a result-of- conduct offense.”
State v. Goodwin, 143 S.W.3d 771 (Tenn. 2004). · cites it 2× “See Tenn.Code Ann. § 39-13-215(a) (2003). Considering the four factors, we find that the defendant’s convictions for both felony reckless endangerment and criminally negligent homicide do not violate the *783 principles of double jeopardy because the statutes are distinct,…”
State v. Watkins, 362 S.W.3d 530 (Tenn. 2012). · cites it 2× “” Tenn.Code Ann. § 39-13-215(a) (2003). Aggravated child abuse as charged in this case is statutorily defined as follows: “A person commits the offense of aggravated child abuse .”
State v. Brown, 311 S.W.3d 422 (Tenn. 2010). · cites it 2× “It necessarily follows, then, that the trial court also erred in failing to instruct the jury as to the two remaining included offenses of reckless homicide, which is defined as “reckless killing of another,” Tenn.Code Ann. § 39-13-215 (Supp.1996), requiring that a person “is…”
State v. Gilliam, 901 S.W.2d 385 (Tenn. Crim. App. 1995). · cites it 4× “[5] The only lesser included offenses of first-degree felony murder are reckless homicide, Tenn. Code Ann. § 39-13-215 (1991), and criminally negligent homicide, Tenn.”
State v. Batey, 35 S.W.3d 585 (Tenn. Crim. App. 2000). · cites it 2× “Because the appellant was convicted of reckless homicide in violation of Tenn.Code Ann. § 39-13-215, he is ineligible for community corrections under Tenn.”
Moore v. Steward, 948 F. Supp. 2d 826 (W.D. Tenn. 2013). · cites it 2× “See Tenn. Code Ann. § 39-13-215 (1993). At the second post-conviction hearing, trial counsel explained why he did not request lesser-included offense instructions.”
United States v. Washington, 271 F. App'x 485 (6th Cir. 2008). “Under Tennessee law, “Reckless” refers to a person who acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or…”
State of Tennessee v. Randall T. Beaty (Tenn. Crim. App. 2016). · cites it 6× “‖ Tenn. Code Ann. § 39-13-215 (a) (2010). As instructed in this case, a person commits aggravated assault who: (1) Intentionally or knowingly commits an assault as defined in § 39-13- 101 and: (A) Causes serious bodily injury to another; or - 39 - .”
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— Tenn. Code Ann. § 39-13-215(a) — 25 cases
State v. Thomas, 158 S.W.3d 361 (Tenn. 2005). “" Tenn.Code Ann. § 39-13-202(a)(2) (2003). Second degree murder requires evidence of "[a] knowing killing of another.”
State v. Goodwin, 143 S.W.3d 771 (Tenn. 2004). “See Tenn.Code Ann. § 39-13-215(a) (2003). Considering the four factors, we find that the defendant’s convictions for both felony reckless endangerment and criminally negligent homicide do not violate the *783 principles of double jeopardy because the statutes are distinct,…”
State v. Watkins, 362 S.W.3d 530 (Tenn. 2012). “” Tenn.Code Ann. § 39-13-215(a) (2003). Aggravated child abuse as charged in this case is statutorily defined as follows: “A person commits the offense of aggravated child abuse .”
State of Tennessee v. Marlo Davis, 466 S.W.3d 49 (Tenn. 2015). “” Tenn. Code Ann. § 39-13-215 (a) (2006). “Like second degree murder, reckless homicide is a result-of- conduct offense.”
State of Tennessee v. Randall T. Beaty (Tenn. Crim. App. 2016). “‖ Tenn. Code Ann. § 39-13-215 (a) (2010). As instructed in this case, a person commits aggravated assault who: (1) Intentionally or knowingly commits an assault as defined in § 39-13- 101 and: (A) Causes serious bodily injury to another; or - 39 - .”
— Tenn. Code Ann. § 39-13-215(b) — 2 cases
State of Tennessee v. Sterling Panchikal (Tenn. Crim. App. 2019).
State of Tennessee v. Earl David Maney (Tenn. Crim. App. 2026).
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