Tenn. Code Ann. » Tenn. Code / Title 39 / Chapter 13 / Part 4
Tennessee Code Annotated

Tenn. Code Ann. § 39-13-402 (2026)

Aggravated robbery

✓ current as of May 2026
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Acts 1989, ch. 591, § 1.

Notes of Decisions
Cited in 602 cases (47 in the last 5 years), 1992–2026 · leading case: State v. McKinney, 74 S.W.3d 291 (Tenn. 2002).
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State v. McKinney, 74 S.W.3d 291 (Tenn. 2002). · cites it 10× “" Tenn.Code Ann. § 39-13-402 (1997). As we have said, our decisions reveal that the use of a deadly weapon, such as pointing a gun at the victim, *306 constitutes violence, see State v.”
State v. Allen, 69 S.W.3d 181 (Tenn. 2002). · cites it 6× “" Tenn.Code Ann. § 39-13-401. Aggravated robbery is accomplished when a deadly weapon is used or when the victim suffers serious bodily injury.”
In Re Audrey S., 182 S.W.3d 838 (Tenn. Ct. App. 2005). · cites it 4× “[12] Aggravated robbery is the "intentional or knowing theft of property from the person of another by violence or putting the person in fear," Tenn.Code Ann. § 39-13-401(a) (2003), when the theft is "[a]ccomplished with a deadly weapon," Tenn.”
State v. Dotson, 254 S.W.3d 378 (Tenn. 2008). · cites it 6× “” Tenn. Code Ann. § 39-13-402 (2007). Thus, the absence of a gun would tend to exculpate Finley from the crime of aggravated robbery.”
State of Tennessee v. Christopher Minor, 546 S.W.3d 59 (Tenn. 2018). · cites it 4× “These convictions qualified the defendant for sentencing on the criminal gang offenses at “one (1) classification higher than the classification established by the specific statute[s] creating the offense[s] committed.”
State v. Winters, 137 S.W.3d 641 (Tenn. Crim. App. 2003). · cites it 2× “See Tenn.Code Ann. § 39-13-402 (1997) (aggravated robbery).”
State of Tennessee v. James D. Wooden, 478 S.W.3d 585 (Tenn. 2015). · cites it 2× “See Tenn. Code Ann. § 39-13-402 (b) (2014); id.”
State v. Toliver, 117 S.W.3d 216 (Tenn. 2003). · cites it 3× “" Tenn.Code Ann. § 39-13-402(a) (1997). A "deadly weapon" is defined as: (A) A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury; or (B) Anything that in the manner of its use or intended use is capable of…”
State v. Edmondson, 231 S.W.3d 925 (Tenn. 2007). · cites it 3× “§ 39-13-402 (2006). The legislative history of the carjacking statute indicates that our General Assembly wanted all carjackings to be Class B felonies, even if they were committed without the use of a deadly weapon, so long as the offense was committed by force or intimidation.”
State of Tennessee v. Michael Farmer & Anthony Clark, 380 S.W.3d 96 (Tenn. 2012). · cites it 4× “” Tenn. Code Ann. § 39-13-402 (a)(1), (2) (2010).”
State v. Hicks, 868 S.W.2d 729 (Tenn. Crim. App. 1993). · cites it 4× “” Tenn.Code Ann. § 39-13-402 (1992 Repl.). 2 .”
Stokeling v. United States, 139 S. Ct. 544 (2019). “Codified Laws § 22-30-6 (2017) ; Tenn. Code Ann. §§ 39-13-402 (a), 39-13-403(a) (2011); Tex.”
Show all 602 citing cases →
— Tenn. Code Ann. § 39-13-402(1) — 5 cases
State of Tennessee v. Johnny Tate (Tenn. Crim. App. 2010).
State of Tennessee v. J. C. Fair & Krederick Fair (Tenn. Crim. App. 2009).
State of Tennessee v. Marques Douglas (Tenn. Crim. App. 2007).
State v. Vernon West & Derenzy Turner (Tenn. Crim. App. 1997).
State v. Robert Pugh (Tenn. Crim. App. 2000).
— Tenn. Code Ann. § 39-13-402(2) — 3 cases
State v. Echols, 919 S.W.2d 634 (Tenn. Crim. App. 1995).
State of Tennessee v. Alvin Brewer & Patrick Boyland (Tenn. Crim. App. 2014).
State of Tennessee v. Jaquan Gathing & Prince Parker (Tenn. Crim. App. 2018).
— Tenn. Code Ann. § 39-13-402(a) — 43 cases
State v. McKinney, 74 S.W.3d 291 (Tenn. 2002). “" Tenn.Code Ann. § 39-13-402 (1997). As we have said, our decisions reveal that the use of a deadly weapon, such as pointing a gun at the victim, *306 constitutes violence, see State v.”
State v. Toliver, 117 S.W.3d 216 (Tenn. 2003). “" Tenn.Code Ann. § 39-13-402(a) (1997). A "deadly weapon" is defined as: (A) A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury; or (B) Anything that in the manner of its use or intended use is capable of…”
State v. Edmondson, 231 S.W.3d 925 (Tenn. 2007). “§ 39-13-402 (2006). The legislative history of the carjacking statute indicates that our General Assembly wanted all carjackings to be Class B felonies, even if they were committed without the use of a deadly weapon, so long as the offense was committed by force or intimidation.”
State v. Hammonds, 30 S.W.3d 294 (Tenn. 2000).
State v. Johnson, 342 S.W.3d 468 (Tenn. 2011).
— Tenn. Code Ann. § 39-13-402(a)(1) — 123 cases
In Re Audrey S., 182 S.W.3d 838 (Tenn. Ct. App. 2005). “[12] Aggravated robbery is the "intentional or knowing theft of property from the person of another by violence or putting the person in fear," Tenn.Code Ann. § 39-13-401(a) (2003), when the theft is "[a]ccomplished with a deadly weapon," Tenn.”
State v. Dotson, 254 S.W.3d 378 (Tenn. 2008). “” Tenn. Code Ann. § 39-13-402 (2007). Thus, the absence of a gun would tend to exculpate Finley from the crime of aggravated robbery.”
State of Tennessee v. Michael Farmer & Anthony Clark, 380 S.W.3d 96 (Tenn. 2012). “” Tenn. Code Ann. § 39-13-402 (a)(1), (2) (2010).”
State of Tennessee v. Marcus Pope, 427 S.W.3d 363 (Tenn. 2013).
State v. Harton, 108 S.W.3d 253 (Tenn. Crim. App. 2002).
— Tenn. Code Ann. § 39-13-402(a)(2) — 7 cases
State of Tennessee v. Darrell Johnson (Tenn. Crim. App. 2013).
State of Tennessee v. Timothy Shane Hixson (Tenn. Crim. App. 2013).
State of Tennessee v. Michael Farmer & Anthony Clark - Concurring/Dissenting (Tenn. Crim. App. 2011).
State of Tennessee v. Odis Kayaunce Hantz (Tenn. Crim. App. 2008).
State of Tennessee v. William T. Carter (Tenn. Crim. App. 2007).
— Tenn. Code Ann. § 39-13-402(a)(5)(B) — 1 case
State of Tennessee v. Lawrence Key (Tenn. Crim. App. 2012).
— Tenn. Code Ann. § 39-13-402(a)(l) — 4 cases
Rashe Moore v. State of Tennessee, 485 S.W.3d 411 (Tenn. 2016).
State v. Dotson, 254 S.W.3d 378 (Tenn. 2008). “” Tenn. Code Ann. § 39-13-402 (2007). Thus, the absence of a gun would tend to exculpate Finley from the crime of aggravated robbery.”
State v. Koffman, 207 S.W.3d 309 (Tenn. Crim. App. 2006).
State v. Claybrooks, 910 S.W.2d 868 (Tenn. Crim. App. 1994).
— Tenn. Code Ann. § 39-13-402(b) — 28 cases
State of Tennessee v. Marico Means (Tenn. Crim. App. 2016).
Curtis Dwayne Staggs v. State of Tennessee - Dissenting (Tenn. Crim. App. 2016).
State of Tennessee v. Earl Vantrease (Tenn. Crim. App. 2017).
Curtis Wren v. State of Tennessee (Tenn. Crim. App. 2017).
State of Tennessee v. Michael v. Morris (Tenn. Crim. App. 2017).
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