§ 39-11-503. Intoxication
Except as provided in subsection (c), intoxication itself is not a defense to prosecution for an offense. However, intoxication, whether voluntary or involuntary, is admissible in evidence, if it is relevant to negate a culpable mental state. If recklessness establishes an element of an offense and the person is unaware of a risk because of […]
§ 39-11-504. Duress
Duress is a defense to prosecution where the person or a third person is threatened with harm that is present, imminent, impending and of such a nature to induce a well-grounded apprehension of death or serious bodily injury if the act is not done. The threatened harm must be continuous throughout the time the act […]
§ 39-11-202. Exception
An exception to an offense in this title is so labeled by the phrase: “It is an exception to the application of …,” or words of similar import. Unless the statute defining an offense states to the contrary, the state need not negate the existence of an exception in the charge alleging commission of the […]
§ 39-11-203. Defense
A defense to prosecution for an offense in this title is so labeled by the phrase: “It is a defense to prosecution under … that …” The state is not required to negate the existence of a defense in the charge alleging commission of the offense. The issue of the existence of a defense is […]
§ 39-11-204. Affirmative Defense
An affirmative defense in this title is so labeled by the phrase: “It is an affirmative defense to prosecution under …, which must be proven by a preponderance of the evidence, that …” or words of similar import. The state is not required to negate the existence of an affirmative defense in the charge alleging […]
§ 39-11-301. Requirement of Culpable Mental State
A person commits an offense who acts intentionally, knowingly, recklessly or with criminal negligence, as the definition of the offense requires, with respect to each element of the offense. When the law provides that criminal negligence suffices to establish an element of an offense, that element is also established if a person acts intentionally, knowingly […]
§ 39-11-302. Definitions of Culpable Mental State
“Intentional” refers to a person who acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person’s conscious objective or desire to engage in the conduct or cause the result. “Knowing” refers to a person who acts knowingly with respect to the conduct or […]
§ 39-11-401. Parties to Offenses
A person is criminally responsible as a party to an offense, if the offense is committed by the person’s own conduct, by the conduct of another for which the person is criminally responsible, or by both. Each party to an offense may be charged with commission of the offense.
§ 39-11-402. Criminal Responsibility for Conduct of Another
A person is criminally responsible for an offense committed by the conduct of another, if: Acting with the culpability required for the offense, the person causes or aids an innocent or irresponsible person to engage in conduct prohibited by the definition of the offense; Acting with intent to promote or assist the commission of the […]
§ 39-11-403. Criminal Responsibility for Facilitation of Felony
A person is criminally responsible for the facilitation of a felony, if, knowing that another intends to commit a specific felony, but without the intent required for criminal responsibility under § 39-11-402(2), the person knowingly furnishes substantial assistance in the commission of the felony. The facilitation of the commission of a felony is an offense […]