The Tennessee death penalty applies only to first-degree murder, and only when a jury unanimously finds at least one statutory aggravating circumstance beyond a reasonable doubt at a separate sentencing hearing. Tennessee paused all executions in 2022 after an independent review found serious failures in its lethal injection testing, adopted a new single-drug protocol in December 2024, and resumed executions in May 2025.1Tennessee Department of Correction. Death Penalty in Tennessee Every death sentence then moves through mandatory appeals, post-conviction review, and a final opportunity for the governor to grant clemency.
What Crimes Can Bring a Death Sentence
First-degree murder is the only crime punishable by death in Tennessee. The statute recognizes five ways a killing qualifies:2Justia. Tennessee Code 39-13-202 – First Degree Murder
- A premeditated, intentional killing.
- A killing during arson, robbery, burglary, theft, kidnapping, aggravated child abuse or neglect, aggravated abuse or neglect of an elderly or vulnerable adult, or aircraft piracy (felony murder).
- A death caused by a bomb or destructive device.
- A killing committed as part of an act of terrorism.
- A killing that occurs during a rape, aggravated rape, rape of a child, or aggravated rape of a child.
Sentencing options depend on the category. For most first-degree murder convictions, the jury chooses among death, life without parole, and life with the possibility of parole. For terrorism killings and sexual-assault killings committed by adults, the only choices are death or life without parole. Ordinary life imprisonment is not available in those cases.2Justia. Tennessee Code 39-13-202 – First Degree Murder
How the Jury Decides on Death
A guilty verdict does not produce a death sentence on its own. After the conviction, the same jury hears a separate sentencing phase. The prosecution must prove at least one statutory aggravating circumstance beyond a reasonable doubt, and the jury must then unanimously agree that the aggravating factors outweigh the mitigating evidence before it can return death.3Justia. Tennessee Code 39-13-204 – Sentencing for Offenses Punishable by Death
Aggravating Circumstances
Tennessee law lists roughly sixteen aggravating factors. Only one has to be proven, though prosecutors often allege several. Recurring categories include a prior violent felony conviction; a killing that was especially heinous or cruel and involved torture or serious physical abuse; murder for hire; killing to avoid arrest or prosecution; knowingly creating a great risk of death to two or more other people; a victim under twelve when the defendant was eighteen or older; killing a law enforcement officer, correctional officer, firefighter, judge, prosecutor, or defense attorney performing official duties; killing motivated by the victim’s official role; a killing during another serious felony such as robbery, arson, burglary, kidnapping, or rape; murder committed while in custody or escaping; murder in or near a school; a victim the defendant knew or should have known was elderly or disabled; mutilation of the body after death; and murder as part of a terrorist act.3Justia. Tennessee Code 39-13-204 – Sentencing for Offenses Punishable by Death
Mitigating Circumstances
The defense can offer any evidence that argues against death. The statute lists mitigating factors but leaves the list open, so the jury can weigh anything the defense raises. The named factors include no significant prior criminal history, extreme emotional disturbance at the time of the crime, the victim’s participation or consent, a reasonable belief in moral justification, a minor role as an accomplice, action under extreme duress or domination, the defendant’s youth or advanced age, and impaired capacity from mental illness, intellectual deficits, or intoxication that fell short of a full defense.3Justia. Tennessee Code 39-13-204 – Sentencing for Offenses Punishable by Death
When the Jury Cannot Agree
A deadlocked sentencing jury does not produce death. For most first-degree murder cases, the judge first asks whether the split is over imposing death. If it is, death is removed and the jury is told to choose between life without parole and life with the possibility of parole. If the jury still cannot agree, the judge imposes life with the possibility of parole.3Justia. Tennessee Code 39-13-204 – Sentencing for Offenses Punishable by Death
The rule tightens for terrorism killings and sexual-assault killings by adult defendants. If the jury deadlocks over death in those cases, the judge dismisses the jury and imposes life without parole. Regular life imprisonment is not an option.3Justia. Tennessee Code 39-13-204 – Sentencing for Offenses Punishable by Death
Who Cannot Be Executed
Some defendants are exempt from execution regardless of what they did.
Offenders Under Eighteen at the Time of the Crime
The U.S. Supreme Court held in Roper v. Simmons that the Constitution prohibits imposing the death penalty on anyone under eighteen when the offense was committed.4Justia. Roper v. Simmons, 543 U.S. 551 Tennessee courts are bound by that ruling.
Defendants With Intellectual Disabilities
The Supreme Court barred the execution of intellectually disabled defendants in Atkins v. Virginia.5Justia. Atkins v. Virginia, 536 U.S. 304 Tennessee’s statute puts the burden on the defendant to prove three things by a preponderance of the evidence: significantly below-average intellectual functioning (generally an IQ of 70 or below), deficits in adaptive behavior, and onset of both before age eighteen. When the court finds the defendant qualifies, the sentencing hearing goes forward only on whether the sentence should be life without parole or life with the possibility of parole. Defendants sentenced to death before April 2023 can petition the trial court for a retroactive determination.6Justia. Tennessee Code 39-13-203 – Intellectually Disabled Defendants – Death Sentence Prohibited
Prisoners Not Competent to Be Executed
Under Ford v. Wainwright, the Constitution forbids executing a prisoner who lacks the mental capacity to understand the fact of the execution and the reason for it. Tennessee courts apply that standard and require the prisoner to make an initial showing that competency is genuinely in question before an evidentiary hearing is held. Unorthodox or delusional beliefs do not, on their own, make someone incompetent as long as the prisoner still shows awareness of the death sentence and the underlying crime.
A Note on Severe Mental Illness
Severe mental illness is not a separate exemption in Tennessee. Conditions like schizophrenia, bipolar disorder, and major depression are treated as mitigating evidence rather than as a categorical bar. The American Bar Association and some former Tennessee officials have supported creating an exemption, but no legislation had been enacted as of 2026.
How Tennessee Carries Out Executions
Lethal injection is the primary method. Electrocution is a backup in two circumstances: if a court strikes down lethal injection as unconstitutional, or if the commissioner of correction certifies to the governor that the department cannot carry out lethal injection despite reasonable efforts. Defendants whose crimes occurred before January 1, 1999, can also elect electrocution by written waiver.7Justia. Tennessee Code 40-23-114 – Death by Lethal Injection – Election of Electrocution – Electrocution as Alternative Method
The 2022 Pause and Current Protocol
Governor Lee halted executions in 2022 after ordering an independent review of the state’s lethal injection procedures. Investigators found that chemicals used in executions dating back to 2018 had not been tested for endotoxins as the state’s own protocol required, and in one case failed potency testing as well. The Department of Correction issued a revised protocol in December 2024 that uses a single drug, pentobarbital, replacing the earlier three-drug combination. Executions resumed in May 2025.1Tennessee Department of Correction. Death Penalty in Tennessee A group of death row prisoners filed suit in early 2025 alleging the pentobarbital protocol creates a risk of a painful death, with a hearing scheduled for March 2026.
What Happens After a Death Sentence
Every death sentence in Tennessee triggers a mandatory appellate process no one can waive. The Court of Criminal Appeals reviews the entire trial record first. If it affirms, the Tennessee Supreme Court automatically reviews the case as well. Either court can order a new trial or a new sentencing hearing. When a retrial produces a new death sentence, the appellate cycle starts over from the beginning. The Tennessee Supreme Court also conducts a proportionality review, comparing the sentence to those imposed in similar cases in light of the crime and the defendant.8Tennessee State Courts. Capital Punishment in Tennessee – A Brief Timeline History and Overview of the Legal Process
After direct appeals, the defendant can file a state post-conviction petition raising claims that could not have been raised earlier, most commonly ineffective assistance of counsel. Each defendant gets one such petition per conviction, filed in the court of conviction and supported by specific facts. A denial can be appealed through the state courts.9Tennessee Courts. Rule 28 – Tennessee Rules of Post-Conviction Procedure Once state remedies are exhausted, a federal habeas corpus petition allows a federal court to review whether the state proceedings violated the defendant’s constitutional rights. The full process routinely stretches over a decade or more.
Clemency
When the courts are finished, the governor holds the final power. Article III, Section 6 of the Tennessee Constitution grants the governor authority to issue reprieves and pardons after conviction.10Tennessee Secretary of State. Tennessee Constitution Tennessee governors have used that authority to commute death sentences to life without parole. A reprieve delays an execution; a commutation permanently reduces the sentence. Full pardons in capital cases are essentially unheard of.
The process usually starts when the defendant or their attorney files a clemency application with the Board of Parole. The Board reviews it against the governor’s guidelines and its own screening criteria. If the applicant qualifies, the Board schedules a hearing and notifies the original trial judge and district attorney, who are invited to share their views. The applicant may appear, present witnesses, and submit evidence, and carries the burden of showing entitlement to relief. The Board then sends a nonbinding recommendation to the governor along with the case file and individual members’ views. The governor’s decision is entirely discretionary and not subject to judicial review, and can rest on considerations broader than legal error, including mercy, rehabilitation, doubts about guilt, or concerns about proportionality.11Legal Information Institute. Duties and Procedures of Board in Executive Clemency Matters