Section 40-35-113 - Mitigating factorsIf appropriate for the offense, mitigating factors may include, but are not limited to:
(1) The defendant's criminal conduct neither caused nor threatened serious bodily injury;(2) The defendant acted under strong provocation;(3) Substantial grounds exist tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense;(4) The defendant played a minor role in the commission of the offense;(5) Before detection, the defendant compensated or made a good faith attempt to compensate the victim of criminal conduct for the damage or injury the victim sustained;(6) The defendant, because of youth or old age, lacked substantial judgment in committing the offense;(7) The defendant was motivated by a desire to provide necessities for the defendant's family or the defendant's self;(8) The defendant was suffering from a mental or physical condition that significantly reduced the defendant's culpability for the offense; however, the voluntary use of intoxicants does not fall within the purview of this factor;(9) The defendant assisted the authorities in uncovering offenses committed by other persons or in detecting or apprehending other persons who had committed the offenses;(10) The defendant assisted the authorities in locating or recovering any property or person involved in the crime;(11) The defendant, although guilty of the crime, committed the offense under such unusual circumstances that it is unlikely that a sustained intent to violate the law motivated the criminal conduct;(12) The defendant acted under duress or under the domination of another person, even though the duress or the domination of another person is not sufficient to constitute a defense to the crime, including a misdemeanor or non-violent felony committed while the defendant was a victim of human trafficking or a commercial sex act; and(13) Any other factor consistent with the purposes of this chapter.Amended by 2022 Tenn. Acts, ch. 1115, s 17, eff. 7/1/2022.