2018 Tennessee Code
Title 39 - Criminal Offenses
Chapter 11 - General Provisions
Part 4 - Criminal Responsibility
§ 39-11-406. Affirmative defense to criminal responsibility of a corporation.

Universal Citation: TN Code § 39-11-406 (2018)
  • (a) It is an affirmative defense to prosecution of a corporation under § 39-11-404(a)(1) or (3) or § 39-11-405, which must be proven by a preponderance of the evidence, that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission.

  • (b) Subsection (a) does not apply if it is plainly inconsistent with the legislative purpose expressed in the law defining the particular offense.

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