Public-domain · open source
OpenJurist

Tenn. Code Ann. § 40-35-111

Authorized terms of imprisonment and fines for felonies and misdemeanors

Known as the Tennessee Criminal Sentencing Reform Act

The act spans §§ 40–40 (69 sections).

Applied in 25 court decisions — leading case McCoy v. Commissioner of Public Safety (2011)

Most recently applied in Memphis Center for Reprod. Health v. Herbert Slatery, III (September 2021)

Acts 1989, ch. 591, § 6; 2007, ch. 61, § 1.

How often courts cite this section

199020002010202130
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) A sentence for a felony is a determinate sentence.

(2) The authorized terms of imprisonment and fines for felonies are: Class A felony, not less than fifteen (15) nor more than sixty (60) years. In addition, the jury may assess a fine not to exceed fifty thousand dollars ($50,000), unless otherwise provided by statute;

(3) Class B felony, not less than eight (8) nor more than thirty (30) years. In addition, the jury may assess a fine not to exceed twenty-five thousand dollars ($25,000), unless otherwise provided by statute;

(4) Class C felony, not less than three (3) years nor more than fifteen (15) years. In addition, the jury may assess a fine not to exceed ten thousand dollars ($10,000), unless otherwise provided by statute;

(5) Class D felony, not less than two (2) years nor more than twelve (12) years. In addition, the jury may assess a fine not to exceed five thousand dollars ($5,000), unless otherwise provided by statute; and

(6) Class E felony, not less than one (1) year nor more than six (6) years. In addition, the jury may assess a fine not to exceed three thousand dollars ($3,000), unless otherwise provided by statute.

(7) A sentence to pay a fine, when imposed on a corporation for an offense defined in title 39 or for any offense defined in any other title for which no special corporate fine is specified, is a sentence to pay an amount, not to exceed: Three hundred fifty thousand dollars ($350,000) for a Class A felony;

(8) Three hundred thousand dollars ($300,000) for a Class B felony;

(9) Two hundred fifty thousand dollars ($250,000) for a Class C felony;

(10) One hundred twenty-five thousand dollars ($125,000) for a Class D felony; and

(11) Fifty thousand dollars ($50,000) for a Class E felony.

(12) If a special fine for a corporation is expressly specified in the statute that defines an offense, the fine fixed shall be within the limits specified in the statute.

(13) A sentence for a misdemeanor is a determinate sentence.

(14) The authorized terms of imprisonment and fines for misdemeanors are: Class A misdemeanor, not greater than eleven (11) months, twenty-nine (29) days or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute;

(15) Class B misdemeanor, not greater than six (6) months or a fine not to exceed five hundred dollars ($500), or both, unless otherwise provided by statute; and

(16) Class C misdemeanor, not greater than thirty (30) days or a fine not to exceed fifty dollars ($50.00), or both, unless otherwise provided by statute.

(17) In order to furnish the general assembly with information necessary to make an informed determination as to whether the increase in the cost of living and changes in income for residents of Tennessee has resulted in the minimum and maximum authorized fine ranges no longer being commensurate with the amount of fine deserved for the offense committed, every five (5) years, on or before January 15, the fiscal review committee shall report to the chief clerks of the senate and the house of representatives of the general assembly the percentage of change in the average consumer price index (all items-city average) as published by the United States department of labor, bureau of labor statistics and shall inform the general assembly what the statutory minimum and maximum authorized fine for each offense classification would be if adjusted to reflect the compounded cost-of-living increases during the five-year period.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.