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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