Tennessee Code Annotated
Tenn. Code Ann. § 40-35-113 (2026)
Mitigating factors
✓ current as of May 2026
If appropriate for the offense, mitigating factors may include, but are not limited to:
- (1) The defendant's criminal conduct neither caused nor threatened serious bodily injury;
- (2) The defendant acted under strong provocation;
- (3) Substantial grounds exist tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense;
- (4) The defendant played a minor role in the commission of the offense;
- (5) Before detection, the defendant compensated or made a good faith attempt to compensate the victim of criminal conduct for the damage or injury the victim sustained;
- (6) The defendant, because of youth or old age, lacked substantial judgment in committing the offense;
- (7) The defendant was motivated by a desire to provide necessities for the defendant's family or the defendant's self;
- (8) The defendant was suffering from a mental or physical condition that significantly reduced the defendant's culpability for the offense; however, the voluntary use of intoxicants does not fall within the purview of this factor;
- (9) The defendant assisted the authorities in uncovering offenses committed by other persons or in detecting or apprehending other persons who had committed the offenses;
- (10) The defendant assisted the authorities in locating or recovering any property or person involved in the crime;
- (11) The defendant, although guilty of the crime, committed the offense under such unusual circumstances that it is unlikely that a sustained intent to violate the law motivated the criminal conduct;
- (12) The defendant acted under duress or under the domination of another person, even though the duress or the domination of another person is not sufficient to constitute a defense to the crime, including a misdemeanor or non-violent felony committed while the defendant was a victim of human trafficking or a commercial sex act; and
- (13) Any other factor consistent with the purposes of this chapter.
Amended by 2022 Tenn. Acts, ch. 1115, s 17, eff. 7/1/2022.
Acts 1989, ch. 591, § 6.
Notes of Decisions
Cited in 2,591
cases (273 in the last 5 years), 1990–2026 · leading case: State v. Ross, 49 S.W.3d 833 (Tenn. 2001).
State v. Ross, 49 S.W.3d 833 (Tenn. 2001). “CONSIDERATION OF MITIGATING FACTOR IN SENTENCING Finally, the appellant asserts that the trial court improperly sentenced him to serve the maximum sentence in the range by refusing to consider the mitigating factor that "[t]he defendant's criminal conduct neither caused nor…”
State v. Carter, 254 S.W.3d 335 (Tenn. 2008). “§ 40-35-113, the trial court could reduce the enhanced sentence, see id.”
State v. Kelley, 34 S.W.3d 471 (Tenn. Crim. App. 2000). “The defendant contends that the trial court should have applied the following mitigating factors provided in Tenn. Code Ann. § 40-35-113 : (3) Substantial grounds exist tending to excuse or justify the defendant’s criminal conduct, though failing to establish a defense; [and]…”
State v. Keel, 882 S.W.2d 410 (Tenn. Crim. App. 1994). “See Tenn.Code Ann. § 40-35-114(16). 33 . State v.”
State v. Anderson, 985 S.W.2d 9 (Tenn. Crim. App. 1997). “The defendant also asserts that the trial court should have considered that his conduct neither caused nor threatened serious bodily injury, T.C.A. § 40-35-113(1), that he had an excellent employment record, T.”
State v. Dykes, 803 S.W.2d 250 (Tenn. Crim. App. 1990). “1989), refers to the mitigating factors enumerated in Tenn.Code Ann. § 40-35-113 (Supp.1989). The phrase “enhancement factors,” as used in this statute, refers to the enhancement factors enumerated in Tenn.”
State v. Martin, 146 S.W.3d 64 (Tenn. Crim. App. 2004). “The trial court may also consider the mitigating and enhancing factors set forth in T.C.A. §§ 40-35-113 and -114. T.C.A. § 40-35-210(b)(5); State v.”
State v. Inlow, 52 S.W.3d 101 (Tenn. Crim. App. 2001). “Tenn.Code Ann. § 40-35-113(11); and That the defendant acted under duress or under the domination of another person, even though the duress or domination of another person is not sufficient to constitute a defense to the crime.”
State of Tennessee v. Susan Renee Bise, 380 S.W.3d 682 (Tenn. 2012). “consider the following: (1) The evidence, if any, received at the trial and the sentencing hearing; (2) The presentence report; (3) The principles of sentencing and arguments as to sentencing alternatives; (4) The nature and characteristics of the criminal conduct involved; (5)…”
State v. Bingham, 910 S.W.2d 448 (Tenn. Crim. App. 1995). “Of the factors relied upon by the trial court as mitigation of the appellant's sentence, only one, her age, is an enumerated mitigating factor under Tenn.Code Ann. § 40-35-113 (1990 Repl.). However, Tenn.”
State v. Parker, 932 S.W.2d 945 (Tenn. Crim. App. 1996). “Tenn.Code Ann. § 40-35-113(4). 39 . Tenn.”
State of Tennessee v. Jonathan David Patterson, 564 S.W.3d 423 (Tenn. 2018). “]"); Tenn. Code Ann. § 40-35-113 (9) ("The defendant assisted the authorities in uncovering offenses committed by other persons or in detecting or apprehending other persons who had committed the offenses[.”
— Tenn. Code Ann. § 40-35-113(1) — 273 cases
State v. Ross, 49 S.W.3d 833 (Tenn. 2001). “CONSIDERATION OF MITIGATING FACTOR IN SENTENCING Finally, the appellant asserts that the trial court improperly sentenced him to serve the maximum sentence in the range by refusing to consider the mitigating factor that "[t]he defendant's criminal conduct neither caused nor…”
State v. Butler, 108 S.W.3d 845 (Tenn. 2003).
State v. Dykes, 803 S.W.2d 250 (Tenn. Crim. App. 1990). “1989), refers to the mitigating factors enumerated in Tenn.Code Ann. § 40-35-113 (Supp.1989). The phrase “enhancement factors,” as used in this statute, refers to the enhancement factors enumerated in Tenn.”
State v. Vanderford, 980 S.W.2d 390 (Tenn. Crim. App. 1997).
State v. Hayes, 899 S.W.2d 175 (Tenn. Crim. App. 1995).
— Tenn. Code Ann. § 40-35-113(10) — 30 cases
State v. Ward, 138 S.W.3d 245 (Tenn. Crim. App. 2003).
State v. Madden, 99 S.W.3d 127 (Tenn. Crim. App. 2002).
State v. Grigsby, 957 S.W.2d 541 (Tenn. Crim. App. 1997).
State of Tennessee v. Robert Fusco, 404 S.W.3d 504 (Tenn. Crim. App. 2012).
State v. Grissom, 956 S.W.2d 514 (Tenn. Crim. App. 1997).
— Tenn. Code Ann. § 40-35-113(11) — 65 cases
State v. Martin, 146 S.W.3d 64 (Tenn. Crim. App. 2004). “The trial court may also consider the mitigating and enhancing factors set forth in T.C.A. §§ 40-35-113 and -114. T.C.A. § 40-35-210(b)(5); State v.”
State v. Inlow, 52 S.W.3d 101 (Tenn. Crim. App. 2001). “Tenn.Code Ann. § 40-35-113(11); and That the defendant acted under duress or under the domination of another person, even though the duress or domination of another person is not sufficient to constitute a defense to the crime.”
State v. Parker, 932 S.W.2d 945 (Tenn. Crim. App. 1996). “Tenn.Code Ann. § 40-35-113(4). 39 . Tenn.”
State v. Raines, 882 S.W.2d 376 (Tenn. Crim. App. 1994).
State v. Belser, 945 S.W.2d 776 (Tenn. Crim. App. 1996).
— Tenn. Code Ann. § 40-35-113(12) — 11 cases
State v. Inlow, 52 S.W.3d 101 (Tenn. Crim. App. 2001). “Tenn.Code Ann. § 40-35-113(11); and That the defendant acted under duress or under the domination of another person, even though the duress or domination of another person is not sufficient to constitute a defense to the crime.”
State v. Eldridge, 888 S.W.2d 457 (Tenn. Crim. App. 1994).
State v. Cowart (Tenn. Crim. App. 2010).
State v. Gerald Henry (Tenn. Crim. App. 1999).
State v. Jerry Taylor (Tenn. Crim. App. 1998).
— Tenn. Code Ann. § 40-35-113(13) — 271 cases
State v. Carter, 254 S.W.3d 335 (Tenn. 2008). “§ 40-35-113, the trial court could reduce the enhanced sentence, see id.”
State v. Kelley, 34 S.W.3d 471 (Tenn. Crim. App. 2000). “The defendant contends that the trial court should have applied the following mitigating factors provided in Tenn. Code Ann. § 40-35-113 : (3) Substantial grounds exist tending to excuse or justify the defendant’s criminal conduct, though failing to establish a defense; [and]…”
State v. Keel, 882 S.W.2d 410 (Tenn. Crim. App. 1994). “See Tenn.Code Ann. § 40-35-114(16). 33 . State v.”
State v. Anderson, 985 S.W.2d 9 (Tenn. Crim. App. 1997). “The defendant also asserts that the trial court should have considered that his conduct neither caused nor threatened serious bodily injury, T.C.A. § 40-35-113(1), that he had an excellent employment record, T.”
State v. Martin, 146 S.W.3d 64 (Tenn. Crim. App. 2004). “The trial court may also consider the mitigating and enhancing factors set forth in T.C.A. §§ 40-35-113 and -114. T.C.A. § 40-35-210(b)(5); State v.”
— Tenn. Code Ann. § 40-35-113(13)(1990) — 1 case
State v. Butler, 900 S.W.2d 305 (Tenn. Crim. App. 1994).
— Tenn. Code Ann. § 40-35-113(13)(2019) — 1 case
State of Tennessee v. Chriteris Allen (Tenn. Crim. App. 2019).
— Tenn. Code Ann. § 40-35-113(16) — 2 cases
State of Tennessee v. David Wayne Fountain (Tenn. Crim. App. 2003).
State of Tennessee v. Dominique Ramell Jarrett (Tenn. Crim. App. 2015).
— Tenn. Code Ann. § 40-35-113(2) — 66 cases
State v. Johnson, 909 S.W.2d 461 (Tenn. Crim. App. 1995).
State v. Kelley, 34 S.W.3d 471 (Tenn. Crim. App. 2000). “The defendant contends that the trial court should have applied the following mitigating factors provided in Tenn. Code Ann. § 40-35-113 : (3) Substantial grounds exist tending to excuse or justify the defendant’s criminal conduct, though failing to establish a defense; [and]…”
State v. Inlow, 52 S.W.3d 101 (Tenn. Crim. App. 2001). “Tenn.Code Ann. § 40-35-113(11); and That the defendant acted under duress or under the domination of another person, even though the duress or domination of another person is not sufficient to constitute a defense to the crime.”
State v. Baxter, 938 S.W.2d 697 (Tenn. Crim. App. 1996).
State of Tennessee v. William Benning (Tenn. Crim. App. 2022).
— Tenn. Code Ann. § 40-35-113(2006) — 1 case
State of Tennessee v. Tommy L. Beaty a/k/a Jacky Wayne Beaty (Tenn. Crim. App. 2011).
— Tenn. Code Ann. § 40-35-113(2009) — 1 case
State of Tennessee v. Vianey Becerra Ibanez (Tenn. Crim. App. 2011).
— Tenn. Code Ann. § 40-35-113(3) — 40 cases
State v. Schiefelbein, 230 S.W.3d 88 (Tenn. Crim. App. 2007).
State v. Keel, 882 S.W.2d 410 (Tenn. Crim. App. 1994). “See Tenn.Code Ann. § 40-35-114(16). 33 . State v.”
State v. Ruane, 912 S.W.2d 766 (Tenn. Crim. App. 1995).
State v. Grigsby, 957 S.W.2d 541 (Tenn. Crim. App. 1997).
State v. Anderson, 985 S.W.2d 9 (Tenn. Crim. App. 1997). “The defendant also asserts that the trial court should have considered that his conduct neither caused nor threatened serious bodily injury, T.C.A. § 40-35-113(1), that he had an excellent employment record, T.”
— Tenn. Code Ann. § 40-35-113(4) — 17 cases
State v. Parker, 932 S.W.2d 945 (Tenn. Crim. App. 1996). “Tenn.Code Ann. § 40-35-113(4). 39 . Tenn.”
State v. Anderson, 985 S.W.2d 9 (Tenn. Crim. App. 1997). “The defendant also asserts that the trial court should have considered that his conduct neither caused nor threatened serious bodily injury, T.C.A. § 40-35-113(1), that he had an excellent employment record, T.”
State v. Turner, 41 S.W.3d 663 (Tenn. Crim. App. 2000).
State v. Bowman, 327 S.W.3d 69 (Tenn. Crim. App. 2009).
State v. Hodges, 7 S.W.3d 609 (Tenn. Crim. App. 1998).
— Tenn. Code Ann. § 40-35-113(5) — 3 cases
State v. Goltz, 111 S.W.3d 1 (Tenn. Crim. App. 2003).
State v. Patricia Morris (Tenn. Crim. App. 1998).
State of Tennessee v. Johnny Coffey (Tenn. Crim. App. 2012).
— Tenn. Code Ann. § 40-35-113(6) — 64 cases
State v. Adams, 864 S.W.2d 31 (Tenn. 1993).
State v. Inlow, 52 S.W.3d 101 (Tenn. Crim. App. 2001). “Tenn.Code Ann. § 40-35-113(11); and That the defendant acted under duress or under the domination of another person, even though the duress or domination of another person is not sufficient to constitute a defense to the crime.”
State v. Bingham, 910 S.W.2d 448 (Tenn. Crim. App. 1995). “Of the factors relied upon by the trial court as mitigation of the appellant's sentence, only one, her age, is an enumerated mitigating factor under Tenn.Code Ann. § 40-35-113 (1990 Repl.). However, Tenn.”
State v. Turner, 41 S.W.3d 663 (Tenn. Crim. App. 2000).
State v. Johnson, 909 S.W.2d 461 (Tenn. Crim. App. 1995).
— Tenn. Code Ann. § 40-35-113(6)(1990) — 1 case
State v. Elder, 982 S.W.2d 871 (Tenn. Crim. App. 1998).
— Tenn. Code Ann. § 40-35-113(7) — 14 cases
State of Tennessee v. Jason Erik Redden (Tenn. Crim. App. 2017).
State of Tennessee v. Mario Cogshell (Tenn. Crim. App. 2017).
State of Tennessee v. Ashley Wright (Tenn. Crim. App. 2020).
State of Tennessee v. Kimar Rashad Peebles (Tenn. Crim. App. 2013).
State of Tennessee v. Robin Elizabeth Willis (Tenn. Crim. App. 2012).
— Tenn. Code Ann. § 40-35-113(8) — 63 cases
State v. Reid, 91 S.W.3d 247 (Tenn. 2002).
State v. Black, 924 S.W.2d 912 (Tenn. Crim. App. 1995).
State v. Alder, 71 S.W.3d 299 (Tenn. Crim. App. 2001).
State v. Raines, 882 S.W.2d 376 (Tenn. Crim. App. 1994).
State v. Madden, 99 S.W.3d 127 (Tenn. Crim. App. 2002).
— Tenn. Code Ann. § 40-35-113(9) — 29 cases
State v. Keel, 882 S.W.2d 410 (Tenn. Crim. App. 1994). “See Tenn.Code Ann. § 40-35-114(16). 33 . State v.”
State v. Robinson, 139 S.W.3d 661 (Tenn. Crim. App. 2004).
State of Tennessee v. Joshua Lee Steele (Tenn. Crim. App. 2014).
State of Tennessee v. Deshun Hampton, Matthew Tyler & Devonta Hampton aka Devonta Taylor (Tenn. Crim. App. 2016).
State of Tennessee v. Steven Alexander Greene (Tenn. Crim. App. 2024).
— Tenn. Code Ann. § 40-35-113(a) — 1 case
State of Tennessee v. Stephen Keith Frazier (Tenn. Crim. App. 2004).
— Tenn. Code Ann. § 40-35-113(a)(4) — 1 case
State of Tennessee v. Roderick Davis (Tenn. Crim. App. 2004).
— Tenn. Code Ann. § 40-35-113(b)(1) — 1 case
State of Tennessee v. Torriano Floyd (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 40-35-113(b)(2) — 1 case
Antonio L. Fuller v. State of Tennessee (Tenn. Crim. App. 2010).
— Tenn. Code Ann. § 40-35-113(l) — 1 case
State of Tennessee v. Bobby Shellhouse, Jr. (Tenn. Crim. App. 2002).
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