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TCA 39-11-203

Defense

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What does this charge mean?

A "defense" is a legal reason why a defendant should not be convicted even if they committed the act. The prosecutor does not have to disprove defenses in the charging paperwork, but if a defense is raised during trial with some evidence, the judge must tell the jury that any reasonable doubt about the defense means the defendant must be found not guilty.

Penalty Details

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Penalty SummaryClassification not specified
(a) A defense to prosecution for an offense in this title is so labeled by the phrase: “It is a defense to prosecution under … that …” (b) The state is not required to negate the existence of a defense in the charge alleging commission of the offense. (c) The issue of the existence of a defense is not submitted to the jury unless it is fairly raised by the proof. (d) If the issue of the existence of a defense is submitted to the jury, the court shall instruct the jury that any reasonable doubt on the issue requires the defendant to be acquitted. (e) (1) A ground of defense, other than one (1) negating an element of the offense or an affirmative defense, that is not plainly labeled in accordance with this part has the procedural and evidentiary consequences of a defense. (2) Defenses available under common law are hereby abolished.
View on official sourceLast verified: Feb 25, 2026

Quick Facts

PENDING
TCA Section39-11-203