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2021 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 (2021)
- 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.
- 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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