§ 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 […]
§ 39-11-104. Construction of Criminal Code
This title shall be construed according to the fair import of its terms, including reference to judicial decisions and common law interpretations, to promote justice, and effect the objectives of the criminal code.
§ 39-11-105. Computation of Age
A person attains a specified age on the day of the anniversary of the person’s birthdate.
§ 39-11-106. Title Definitions
As used in this title, unless the context requires otherwise: “Antique firearm” means: Any firearm, including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before the year 1898; Any replica of any firearm described in subdivision (a)(1)(A) if such replica: Is not designed or redesigned for […]
§ 39-11-110. Felonies and Misdemeanors Distinguished
All violations of law that may be punished by one (1) year or more of confinement or by the infliction of the death penalty are denominated felonies, and all violations of law punishable by fine or confinement for less than one (1) year, or both, are denominated misdemeanors.
§ 39-11-111. Prohibited Act When No Penalty Prescribed Is Misdemeanor
When the performance or nonperformance of any act is made criminal by statute, and no penalty, punishment or forfeiture for the violation of that statute is imposed, the doing of the act is a misdemeanor.
§ 39-11-113. Penalty for Felony Where Punishment Not Prescribed
Every person who is convicted of a felony, the punishment for which is not otherwise prescribed by a statute of this state, shall be sentenced as for a Class E felony.
§ 39-11-114. Penalty for Misdemeanor Where Punishment Not Prescribed
Every person who is convicted of a misdemeanor, the punishment for which is not otherwise prescribed by a statute of this state, shall be sentenced as for a Class A misdemeanor.
§ 39-11-115. Determination of Value
Whenever a determination of value is necessary to assess the class of an offense in this code or the level of punishment, the determination of value shall be made by the trier of fact beyond a reasonable doubt.