TCA 39-11-406
Affirmative defense to criminal responsibility of a corporation
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What does this charge mean?
A corporation can claim as an affirmative defense that its management tried hard to prevent the crime; however, this defense does not apply if the specific law creating the crime makes it clear that corporations should be held responsible regardless.
Penalty Details
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Penalty SummaryClassification not specified
(a) It is an affirmative defense to prosecution of a corporation under § 39-11-404(a)(1) or (3) or § 39-11-405, which must be proven by a preponderance of the evidence, that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission. (b) Subsection (a) does not apply if it is plainly inconsistent with the legislative purpose expressed in the law defining the particular offense.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
PENDING
TCA Section39-11-406