T.P.I. -- CRIM. 3.03

ACCESSORY AFTER THE FACT

            Any person who commits the offense of accessory after the fact 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 or had reasonable grounds to believe that

                   the offender, ___________________, committed _______________,

                   a felony;

and

            (2)  that the defendant acted with intent to hinder the arrest, trial,

                   conviction, or punishment of the offender;

and

                   (a)  that the defendant harbored or concealed the offender;

or

                   (b)  that the defendant provided or aided in providing the offender

                            with any means of avoiding arrest, trial, conviction or

                            punishment;

or

                   (c)  that the defendant warned the offender of impending

                            apprehension or discovery.

                 "Knowing" 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.²

            The requirement of "knowingly" is also established if it is shown that the defendant acted intentionally.³

            "Intent" means 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.⁴

            "Harbor" means to afford lodging to; to shelter, or to give refuge to; to receive without lawful authority a person for the purpose of so concealing [him] [her] that another having a right to the lawful custody of such person shall be deprived of the same.⁵

FOOTNOTES

  1.  Tenn. Code Ann. § 39-11-411.

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

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

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

  5.  Black's Law Dictionary  (5th Ed. 1979).

COMMENTS

            1.  Accessory after the fact is a Class E felony.  Tenn. Code Ann. § 39-11-411(d).

            2.  This section shall have no application to an attorney providing legal services as required or authorized by law.  Tenn. Code Ann. § 39-11-411(c).

            3.  The defense of "Legal Relationship" has been abolished, effective May 26, 1995.  See Public Acts of 1995, Chapter 281.  For offenses committed prior to that date, "Legal Relationship" may be asserted as defense to this offense under Tenn. Code Ann. § 39-11-411(b).  If properly raised as a defense, the trial judge should utilize T.P.I. -- CRIM. 40.15 (Defense: Legal Relationship) which appears in the "Defenses" chapter.