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The Death Penalty in Tennessee

How Tennessee law treats death penalty, from the state code and official state agencies.

Short answer: Tennessee has the death penalty. A person convicted of first degree murder may be sentenced to death, life without the possibility of parole, or life; Tenn. Code Ann. §§ 39-13-202(c); 39-13-531(b); 40-23-114

Death penaltyTennessee has the death penalty. A person convicted of first degree murder may be sentenced to death, life without the possibility of parole, or life; for an adult convicted of first degree murder under subdivisions (a)(4) and (a)(5) the choices are death or life without parole. Aggravated rape of a child is a Class A felony, and an adult offender must be sentenced to death or to life without the possibility of parole. The method of execution is lethal injection; a person whose offense was committed before January 1, 1999 may choose electrocution by signing a written waiver, and electrocution is used if lethal injection is held unconstitutional or the Commissioner of Correction certifies to the governor that the department cannot carry out a lethal injection.
Child-rape section: https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-13-531/ ; method: https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-23-114/ . Read on codes.findlaw.com (a public copy of the official code); check against the official code. Mirror pages state they are current as of January 2, 2024.
Source: Tenn. Code Ann. §§ 39-13-202(c); 39-13-531(b); 40-23-114

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FAQ

Does Tennessee have the death penalty?
Tennessee has the death penalty. A person convicted of first degree murder may be sentenced to death, life without the possibility of parole, or life; for an adult convicted of first degree murder under subdivisions (a)(4) and (a)(5) the choices are death or life without parole. Aggravated rape of a child is a Class A felony, and an adult offender must be sentenced to death or to life without the possibility of parole. The method of execution is lethal injection; a person whose offense was committed before January 1, 1999 may choose electrocution by signing a written waiver, and electrocution is used if lethal injection is held unconstitutional or the Commissioner of Correction certifies to the governor that the department cannot carry out a lethal injection.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.