Tenn. Code Ann. » Tenn. Code / Title 40 / Chapter 13 / Part 2
Tennessee Code Annotated

Tenn. Code Ann. § 40-13-206 (2026)

Alternative allegations

✓ current as of May 2026
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Code 1858, § 5121; Shan., § 7084; mod. Code 1932, §§ 11628, 11629; T.C.A. (orig. ed.), §§ 40-1806, 40-1807.

Notes of Decisions
Cited in 24 cases (5 in the last 5 years), 1996–2025 · leading case: State v. Alvarado, 961 S.W.2d 136 (Tenn. Crim. App. 1996).
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State v. Alvarado, 961 S.W.2d 136 (Tenn. Crim. App. 1996). · cites it 4× “See Tenn. Code Ann. § 40-13-206 (a); see State v.”
State v. Zonge, 973 S.W.2d 250 (Tenn. Crim. App. 1997). · cites it 2× “The defendant concedes that a conviction for especially aggravated kidnapping does not require proof of both removal and confinement, but he argues that the wording of the indictment in this case required the state to prove both.”
State v. Goodson, 77 S.W.3d 240 (Tenn. Crim. App. 2001). “Tennessee Code Annotated § 40-13-206 (1997), permits an indictment to allege alter *245 natively within the same count an offense, which can be committed by different forms, by different means, or with different intents.”
State of Tennessee v. Tina Nichole Lewis (Tenn. Crim. App. 2020). · cites it 4× “” T.C.A. § 40-13-206(a). Likewise, a criminal act producing different results may be charged in the alternative.”
State of Tennessee v. Paul Richardson (Tenn. Crim. App. 2010). · cites it 4× “1999); see also T.C.A. § 40-13-206(a) (2003) (“When the offense may be committed by different forms, by different means or with different intents, such forms, means or intents may be alleged in the same count in the alternative.”
State of Tennessee v. Jamie John Schrantz (Tenn. Crim. App. 2010). · cites it 4× “See Tenn. Code Ann. § 40-13-206 (a) (2003) (“When the offense may be committed by differe nt forms, by differe nt means or with different intents, such forms, means or intents may be alleged in the same count in the alternative.”
State of Tennessee v. Edward Jerome Harbison (Tenn. Crim. App. 2018). · cites it 2× “§ 40-1806 , now Tenn. Code Ann. § 40-13-206 (a)). -7- piracy, or the unlawful throwing, placing or discharging of a destructive device or bomb, is murder in the first degree.”
State of Tennessee v. Trevor Wallace (Tenn. Crim. App. 2018). · cites it 2× “First, it describes the mode of DUI that is committed while driving while under the influence of an intoxicant, and second, it describes, or at least attempts to describe, the mode of DUI that is committed by driving while the person’s blood or breath alcohol content is 0.”
State of Tennessee v. Brandon D. Middlebrook (Tenn. Crim. App. 2021). · cites it 2× “” T.C.A. § 40-13-206(a); see also id. § 40-18-112.”
State of Tennessee v. Riley Christopher Wilburn (Tenn. Crim. App. 2021). · cites it 2× “” T.C.A. § 40-13-206(a) (2018). Further, Where the intent with which, the mode in, or the means by which, an act is done are essential to the commission of the offense, and the offense may be committed with different intents, in different modes, or by different means, if the…”
State of Tennessee v. Alonzo Hoskins (Tenn. Crim. App. 2021). · cites it 2× “As to the seven counts in this case, the presentment alleges: The Grand Jurors for the State of Tennessee upon their oaths, present that ALONZO HOSKINS, ALIAS, heretofore, to-wit: On or about the 30th day of May, 2017, in the State and County aforesaid, did unlawfully kill Jack…”
State of Tennessee v. James Rodney Smith (Tenn. Crim. App. 2022). · cites it 2× “May 22, 1998)); see also T.C.A. § 40-13-206(a) (“When the offense may be committed by different - 16 - forms, by different means or with different intents, the forms, means or intents may be alleged in the same count in the alternative.”
Show all 24 citing cases →
— Tenn. Code Ann. § 40-13-206(a) — 13 cases
State v. Alvarado, 961 S.W.2d 136 (Tenn. Crim. App. 1996). “See Tenn. Code Ann. § 40-13-206 (a); see State v.”
State v. Zonge, 973 S.W.2d 250 (Tenn. Crim. App. 1997). “The defendant concedes that a conviction for especially aggravated kidnapping does not require proof of both removal and confinement, but he argues that the wording of the indictment in this case required the state to prove both.”
State of Tennessee v. Paul Richardson (Tenn. Crim. App. 2010). “1999); see also T.C.A. § 40-13-206(a) (2003) (“When the offense may be committed by different forms, by different means or with different intents, such forms, means or intents may be alleged in the same count in the alternative.”
State of Tennessee v. Trevor Wallace (Tenn. Crim. App. 2018). “First, it describes the mode of DUI that is committed while driving while under the influence of an intoxicant, and second, it describes, or at least attempts to describe, the mode of DUI that is committed by driving while the person’s blood or breath alcohol content is 0.”
State of Tennessee v. Tina Nichole Lewis (Tenn. Crim. App. 2020). “” T.C.A. § 40-13-206(a). Likewise, a criminal act producing different results may be charged in the alternative.”
— Tenn. Code Ann. § 40-13-206(b) — 1 case
State of Tennessee v. Tina Nichole Lewis (Tenn. Crim. App. 2020). “” T.C.A. § 40-13-206(a). Likewise, a criminal act producing different results may be charged in the alternative.”
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