# Tenn. Code Ann. § 40-35-109: Especially mitigated offender

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C35_S40-35-109

## Section

- **Citation:** Tenn. Code Ann. § 40-35-109
- **Heading:** Especially mitigated 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 40-35-109

## Text

(a) The court may find the defendant is an especially mitigated offender, if: (1) The defendant has no prior felony convictions; and (2) The court finds mitigating, but no enhancement factors. (b) If the court finds the defendant an especially mitigated offender, the court shall reduce the defendant's statutory Range I minimum sentence by ten percent (10%) or reduce the release eligibility date to twenty percent (20%) of the sentence, or both reductions. If the court employs both reductions, the calculation for release eligibility shall be made by first reducing the sentence and then reducing the release eligibility to twenty percent (20%). (c) If the defendant is found to be an especially mitigated offender, the judgment of conviction shall so reflect. (d) The finding that a defendant is or is not an especially mitigated offender is appealable by either party. Acts 1989, ch. 591, § 6.
(a) The court may find the defendant is an especially mitigated offender, if: (1) The defendant has no prior felony convictions; and (2) The court finds mitigating, but no enhancement factors.
(1) The defendant has no prior felony convictions; and
(2) The court finds mitigating, but no enhancement factors.
(b) If the court finds the defendant an especially mitigated offender, the court shall reduce the defendant's statutory Range I minimum sentence by ten percent (10%) or reduce the release eligibility date to twenty percent (20%) of the sentence, or both reductions. If the court employs both reductions, the calculation for release eligibility shall be made by first reducing the sentence and then reducing the release eligibility to twenty percent (20%).
(c) If the defendant is found to be an especially mitigated offender, the judgment of conviction shall so reflect.
(d) The finding that a defendant is or is not an especially mitigated offender is appealable by either party.
Acts 1989, ch. 591, § 6.

## 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)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T40_C35_S40-35-109. Check the current official text before relying on it. Not legal advice.