Tenn. Code Ann. » Tenn. Code / Title 40 / Chapter 35 / Part 1
Tennessee Code Annotated

Tenn. Code Ann. § 40-35-118 (2026)

[For list of classification for current offenses, see the compiler's note in section 40-35-110] Classification of repealed pre-1989 offenses

✓ current as of May 2026
Find cases: SyfertCases citing this section JustiaTenn. Code CornellLII Search CasesGoogle Scholar

Acts 1989, ch. 591, § 6; 1990, ch. 1030, § 31; 1992, ch. 655, § 1.

Notes of Decisions
Cited in 54 cases, 1991–2020 · leading case: McConnell v. State, 12 S.W.3d 795 (Tenn. 2000).
Sort: Relevance Newest Treatment
McConnell v. State, 12 S.W.3d 795 (Tenn. 2000). · cites it 5× “See Tenn.Code Ann. §§ 40-35-118, — 111(b)(2), -112(a)(2) (1997).”
State v. Hartley, 818 S.W.2d 370 (Tenn. Crim. App. 1991). · cites it 4× “See T.C.A. § 40-35-118 (classifying offenses occurring before November 1, 1989).”
State v. Carico, 968 S.W.2d 280 (Tenn. 1998). · cites it 5× “Tenn.Code Ann. § 40-35-118 and 40-35-112(a)(1) (1990).”
State v. Davis, 825 S.W.2d 109 (Tenn. Crim. App. 1991). · cites it 6× “In this regard, T.C.A. § 40-35-118 classifies aggravated kidnapping as Class A and states that the classifications in that sub *112 section “shall be used for sentencing after November 1, 1989, if the offense was committed on or after July 1,1982, and prior to November 1, 1989_”…”
State v. Fletcher, 805 S.W.2d 785 (Tenn. Crim. App. 1991). · cites it 2× “See T.C.A. § 40-35-118 (classifying offenses which occurred before November 1, 1989).”
State v. Carter, 254 S.W.3d 335 (Tenn. 2008). “The Court has considered information offered by the parties regarding enhancement and mitigating factors set out [in] TCA sections 40-35-118 and 40-35-114, and the Court has considered the statement made by the Defendant in his own behalf.”
State v. Millbrooks, 819 S.W.2d 441 (Tenn. Crim. App. 1991). · cites it 2× “T.C.A. § 40-35-118. For a Range I standard offender the range of punishment is not less than three nor more than six years.”
State v. Pearson, 858 S.W.2d 879 (Tenn. 1993). · cites it 2× “See Tenn.Code Ann. § 40-35-112(a)(3) (1990) and Tenn.”
State v. Brown, 823 S.W.2d 576 (Tenn. Crim. App. 1991). · cites it 2× “See T.C.A. § 40-35-118. Appellate review of the manner of service of a sentence is de novo upon the record with a presumption that the trial court’s determinations are correct.”
State v. Cummings, 868 S.W.2d 661 (Tenn. Crim. App. 1992). · cites it 2× “T.C.A. § 40-35-118 lists the statutory mitigating factors, but the final portion of the section provides that the trial judge may also consider “[a]ny other factor consistent with the purposes of this chapter.”
State v. Patty, 922 S.W.2d 102 (Tenn. 1995). · cites it 4× “Tenn.Code Ann. § 40-35-118 (1989). Thus, as a Range I offender, Patty may only be sentenced within the range of one to two years for this offense.”
State v. Millsaps, 920 S.W.2d 267 (Tenn. Crim. App. 1995). · cites it 2× “Pursuant to Tenn.Code Ann. § 40-35-118 (1994 Supp.), for purposes of sentencing under the Criminal Sentencing Reform Act of 1989, this offense is a class D felony.”
Show all 54 citing cases →
— Tenn. Code Ann. § 40-35-118(3) — 1 case
State v. Adams, 45 S.W.3d 46 (Tenn. Crim. App. 2000).
— Tenn. Code Ann. § 40-35-118(a) — 2 cases
James M. Morris v. Tennessee Bd. of Prob. & Parole (Tenn. Ct. App. 2019).
State of Tennessee v. Kevin Patterson aka John O'Keefe Varner aka John O'Keefe Kitchen (Tenn. Crim. App. 2016).
— Tenn. Code Ann. § 40-35-118(b) — 1 case
Otha Bomar v. State (Tenn. Crim. App. 1997).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.