Homicide - First Degree Murder - Felony Murder :: Tennessee Criminal Lawyer Blog

The Tennessee criminal defense attorneys at Baker Associates have successfully represented individuals charged with homicide offenses in Tennessee. Criminal homicide is the unlawful killing of another person. Under Tennessee law, criminal homicide is broken down into seven classifications: First Degree Murder, Second Degree Murder, Voluntary Manslaughter, Reckless Homicide, Criminally Negligent Homicide, Assisted Suicide, and Vehicular Homicide.

Tennessee Code Annotated § 39-13-202 defines First Degree Murder as
(1) A premeditated and intentional killing of another;
(2) A killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, act of terrorism, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child or aircraft piracy (i.e., Felony Murder); or
(3) A killing of another committed as the result of the unlawful throwing, placing or discharging of a destructive device or bomb.

First Degree Murder: Felony Murder:
In Tennessee, there is a "felony murder" statute which provides that a person who engaged in one of the listed felony offenses and another person was killed during the commission of the felony or during an attempt to commit the felony, that person may be found guilty of First Degree Murder. Under this part of the statute, the State is not required to prove that the killing was "premeditated and intentional." For example, to be found guilty of First Degre Murder pursuant to the Felony Murder statute for a killing during the perpetration of Child Rape, the State must prove each of the following elements beyond a reasonable doubt:

(1) that the defendant unlawfully killed the alleged victim;
and
(2) that the killing was committed in the perpetration of or the attempt to perpetrate the alleged Rape of a Child; that is, that the killing was closely connected to the alleged Rape of a Child and was not a separate, distinct and independent event;
and
(3) that the defendant intended to commit the alleged Rape of a Child.
The intent to commit the Rape of a Child must exist before or at the same time as the commission of the act causing the death of the victim. Proof that such intent to commit the underlying felony existed before or at the same time of the act of killing is a question for the jury.

A person convicted of First Degree Murder pursuant to the Felony Murder portion of the statute faces the same severe penalties as if the killing were premeditated and intentional. If convicted of First Degree Felony Murder, a person is punished by one of three sentences:
(1) Death;
(2) Imprisonment for life without possibility of parole; or
(3) Imprisonment for life.