{"data":{"id":"us-tn/tenn.-code-ann.-40-35-113","jurisdiction":"us-tn","citation":"Tenn. Code Ann. § 40-35-113","heading":"Mitigating factors","body":"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, including a misdemeanor or non-violent felony committed while the defendant was a victim of human trafficking or a commercial sex act; and (13) Any other factor consistent with the purposes of this chapter. Amended by 2022 Tenn. Acts, ch. 1115, s 17, eff. 7/1/2022. Acts 1989, ch. 591, § 6.\nIf appropriate for the offense, mitigating factors may include, but are not limited to:\n(1) The defendant's criminal conduct neither caused nor threatened serious bodily injury;\n(2) The defendant acted under strong provocation;\n(3) Substantial grounds exist tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense;\n(4) The defendant played a minor role in the commission of the offense;\n(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;\n(6) The defendant, because of youth or old age, lacked substantial judgment in committing the offense;\n(7) The defendant was motivated by a desire to provide necessities for the defendant's family or the defendant's self;\n(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;\n(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;\n(10) The defendant assisted the authorities in locating or recovering any property or person involved in the crime;\n(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;\n(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, including a misdemeanor or non-violent felony committed while the defendant was a victim of human trafficking or a commercial sex act; and\nstained intent to violate the law motivated the criminal conduct;\n(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, including a misdemeanor or non-violent felony committed while the defendant was a victim of human trafficking or a commercial sex act; and\n(13) Any other factor consistent with the purposes of this chapter.","path":["TN Code","Title 40","Chapter 35"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_tn_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:26Z","sha256":"29db5e2a212bd269ede7283a66dd8cb959be8451a68e7fd223fa5a3624be7ede","source_id":"us-tn","stale":false,"prev":"us-tn/tenn.-code-ann.-40-35-112","next":"us-tn/tenn.-code-ann.-40-35-114"},"notice":"GroundRules: Original legal text. Not legal advice."}