# Tenn. Code Ann. § 40-35-106: Multiple offender > Tennessee · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C35_S40-35-106 ## Section - **Citation:** Tenn. Code Ann. § 40-35-106 - **Heading:** Multiple offender - **Jurisdiction:** Tennessee - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** TN Code / Title 40 / Chapter 35 / Section 40-35-106 ## Text (a) A multiple offender is a defendant who has received: (1) A minimum of two (2) but not more than four (4) prior felony convictions within the conviction class, a higher class, or within the next two (2) lower felony classes, where applicable; or (2) One (1) Class A prior felony conviction if the defendant's conviction offense is a Class A or B felony. (b) In determining the number of prior convictions a defendant has received: (1) "Prior conviction" means a conviction for an offense occurring prior to the commission of the offense for which the defendant is being sentenced; (2) All prior felony convictions, including those occurring prior to November 1, 1989, are included; (3) (A) A finding or adjudication that a defendant committed an act as a juvenile that would constitute a felony if committed by an adult and that resulted in a transfer of the juvenile to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions, shall not be considered as a prior conviction for the purposes of this section unless the juvenile was convicted of a felony in a criminal court; (B) Notwithstanding subdivision (b)(3)(A), a finding or adjudication that a defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult shall be considered as a prior conviction for the purposes of this section, regardless of whether the juvenile was transferred to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions; (4) Except for convictions for which the statutory elements include serious bodily injury, bodily injury, threatened serious bodily injury or threatened bodily injury to the victim or victims, or convictions for the offense of aggravated burglary under § 39-13-1003 , convictions for multiple felonies committed within the same twenty-four-hour period constitute one (1) conviction for the purpose of determining prior convictions; and (5) Prior convictions include convictions under the laws of any other state, government or country that, if committed in this state, would have constituted an offense cognizable by the laws of this state. In the event that a felony from a jurisdiction other than Tennessee is not a named felony in this state, the elements of the offense shall be used by the Tennessee court to determine what classification the offense is given. (c) A defendant who is found by the court beyond a reasonable doubt to be a multiple offender shall receive a sentence within Range II. (d) The finding that a defendant is or is not a multiple offender is appealable by either party. Amended by 2021 Tenn. Acts, ch. 545, s 10, eff. 7/1/2021. Acts 1989, ch. 591, § 6; 2005, ch. 353, § 2; 2009 , ch. 603, § 1; 2010 , ch. 861, § 1. (a) A multiple offender is a defendant who has received: (1) A minimum of two (2) but not more than four (4) prior felony convictions within the conviction class, a higher class, or within the next two (2) lower felony classes, where applicable; or (2) One (1) Class A prior felony conviction if the defendant's conviction offense is a Class A or B felony. (1) A minimum of two (2) but not more than four (4) prior felony convictions within the conviction class, a higher class, or within the next two (2) lower felony classes, where applicable; or (2) One (1) Class A prior felony conviction if the defendant's conviction offense is a Class A or B felony. (1) Class A prior felony conviction if the defendant's conviction offense is a Class A or B felony. (1) A minimum of two (2) but not more than four (4) prior felony convictions within the conviction class, a higher class, or within the next two (2) lower felony classes, where applicable; or (2) One (1) Class A prior felony conviction if the defendant's conviction offense is a Class A or B felony. (b) In determining the number of prior convictions a defendant has received: (1) "Prior conviction" means a conviction for an offense occurring prior to the commission of the offense for which the defendant is being sentenced; (2) All prior felony convictions, including those occurring prior to November 1, 1989, are included; (3) (A) A finding or adjudication that a defendant committed an act as a juvenile that would constitute a felony if committed by an adult and that resulted in a transfer of the juvenile to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions, shall not be considered as a prior conviction for the purposes of this section unless the juvenile was convicted of a felony in a criminal court; (B) Notwithstanding subdivision (b)(3)(A), a finding or adjudication that a defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult shall be considered as a prior conviction for the purposes of this section, regardless of whether the juvenile was transferred to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions; (4) Except for convictions for which the statutory elements include serious bodily injury, bodily injury, threatened serious bodily injury or threatened bodily injury to the victim or victims, or convictions for the offense of aggravated burglary under § 39-13-1003 , convictions for multiple felonies committed within the same twenty-four-hour period constitute one (1) conviction for the purpose of determining prior convictions; and (5) Prior convictions include convictions under the laws of any other state, government or country that, if committed in this state, would have constituted an offense cognizable by the laws of this state. In the event that a felony from a jurisdiction other than Tennessee is not a named felony in this state, the elements of the offense shall be used by the Tennessee court to determine what classification the offense is given. (1) "Prior conviction" means a conviction for an offense occurring prior to the commission of the offense for which the defendant is being sentenced; (2) All prior felony convictions, including those occurring prior to November 1, 1989, are included; (3) (A) A finding or adjudication that a defendant committed an act as a juvenile that would constitute a felony if committed by an adult and that resulted in a transfer of the juvenile to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions, shall not be considered as a prior conviction for the purposes of this section unless the juvenile was convicted of a felony in a criminal court; (B) Notwithstanding subdivision (b)(3)(A), a finding or adjudication that a defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult shall be considered as a prior conviction for the purposes of this section, regardless of whether the juvenile was transferred to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions; (A) A finding or adjudication that a defendant committed an act as a juvenile that would constitute a felony if committed by an adult and that resulted in a transfer of the juvenile to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions, shall not be considered as a prior conviction for the purposes of this section unless the juvenile was convicted of a felony in a criminal court; (B) Notwithstanding subdivision (b)(3)( as a juvenile that would constitute a felony if committed by an adult and that resulted in a transfer of the juvenile to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions, shall not be considered as a prior conviction for the purposes of this section unless the juvenile was convicted of a felony in a criminal court; (B) Notwithstanding subdivision (b)(3)(A), a finding or adjudication that a defendant committed an act as a juvenile that would constitute a Class A or Class B felony if committed by an adult shall be considered as a prior conviction for the purposes of this section, regardless of whether the juvenile was transferred to criminal court pursuant to § 37-1-134 , or similar statutes of other states or jurisdictions; (4) Except for convictions for which the statutory elements include serious bodily injury, bodily injury, threatened serious bodily injury or threatened bodily injury to the victim or victims, or convictions for the offense of aggravated burglary under § 39-13-1003 , convictions for multiple felonies committed within the same twenty-four-hour period constitute one (1) conviction for the purpose of determining prior convictions; and (5) Prior convictions include convictions under the laws of any other state, government or country that, if committed in this state, would have constituted an offense cognizable by the laws of this state. In the event that a felony from a jurisdiction other than Tennessee is not a named felony in this state, the elements of the offense shall be used by the Tennessee court to determine what classification the offense is given. (c) A defendant who is found by the court beyond a reasonable doubt to be a multiple offender shall receive a sentence within Range II. (d) The finding that a defendant is or is not a multiple offender is appealable by either party. Amended by 2021 Tenn. Acts, ch. 545, s 10, eff. 7/1/2021. Acts 1989, ch. 591, § 6; 2005, ch. 353, § 2; 2009 , ch. 603, § 1; 2010 , ch. 861, § 1. ## Nearby sections - [Tenn. Code Ann. § 40-35-101 Short title](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C35_S40-35-101.md) - [Tenn. Code Ann. § 40-35-102 Purpose of chapter](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C35_S40-35-102.md) - [Tenn. Code Ann. § 40-35-103 Sentencing considerations](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C35_S40-35-103.md) - [Tenn. Code Ann. § 40-35-104 Sentencing alternatives](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C35_S40-35-104.md) - [Tenn. Code Ann. § 40-35-105 Standard offender](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C35_S40-35-105.md) - [Tenn. Code Ann. § 40-35-106 Multiple offender](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C35_S40-35-106.md) - [Tenn. Code Ann. § 40-35-107 Persistent offender](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C35_S40-35-107.md) - [Tenn. Code Ann. § 40-35-108 Career offender](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C35_S40-35-108.md) - [Tenn. Code Ann. § 40-35-109 Especially mitigated offender](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C35_S40-35-109.md) - [Tenn. Code Ann. § 40-35-110 Classification of offenses](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C35_S40-35-110.md) - [Tenn. Code Ann. § 40-35-111 Authorized terms of imprisonment and fines for felonies and misdemeanors](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C35_S40-35-111.md) - [Tenn. Code Ann. § 40-35-112 Sentence ranges](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C35_S40-35-112.md) - [Tenn. Code Ann. § 40-35-113 Mitigating factors](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C35_S40-35-113.md) - [Tenn. Code Ann. § 40-35-114 Enhancement factors](https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C35_S40-35-114.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C35_S40-35-106. Check the current official text before relying on it. Not legal advice.