2010 Tennessee Code
Title 40 - Criminal Procedure
Chapter 35 - Criminal Sentencing Reform Act of 1989
Part 1 - General Provisions
40-35-113 - Mitigating factors.
40-35-113. Mitigating factors.
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; or
(13) Any other factor consistent with the purposes of this chapter.
[Acts 1989, ch. 591, § 6.]
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