T.P.I. -- CRIM. 3.02

CRIMINAL RESPONSIBILITY FOR FACILITATION OF FELONY

            Any person who commits the offense of facilitation of a felony is guilty of a crime.

            For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:¹

            (1)  that the defendant knew that another person intended to commit the

                   specific felony of ___________________, but did not have the intent

                   to promote or assist the commission of the offense or to benefit in the

                   proceeds or results of the offense;

and

            (2)  that the defendant furnished substantial assistance to that person in

                   the commission of the felony;

and

            (3)  that the defendant furnished such assistance knowingly.

            "Intent" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.²

            "Knowingly" means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result.³

            The requirement of "knowingly" is also established if it is shown that the defendant acted intentionally.⁴

FOOTNOTES

1.  Tenn. Code Ann. § 39-11-403(a).

2.  Tenn. Code Ann. § 39-11-106(a)(18).

3.  Tenn. Code Ann. § 39-11-106(a)(20).

4.  Tenn. Code Ann. § 39-11-301(a)(2).

COMMENTS

            1.  Facilitation of a felony is an offense of the class next below the felony facilitated by the defendant.  Tenn. Code Ann. § 39-11-403(b).

            2.  The trial court must include a charge defining the felony facilitated.