T.P.I. -- CRIM. 6.05

ESCAPE FROM HIV QUARANTINE OR ISOLATION

            Any person who escapes from HIV quarantine or isolation 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 was quarantined or isolated within a secure facility              by the department of health;

and

            (2)  that the defendant escaped from such facility;

and

            (3)  that the defendant acted intentionally.

            "Intentionally" 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

FOOTNOTES

  1.  Tenn. Code Ann. § 39-13-108(b).

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

COMMENTS

                 1.  Escape from HIV quarantine or isolation is a Class E felony.  Tenn. Code Ann. § 39-13-108(b).

                 2.  The department of health is authorized to quarantine or isolate a person within a secure facility, after exercising other appropriate measures, if the person continues to pose a direct threat of significant risk to the health and safety of the public regarding transmission of HIV.  Tenn. Code Ann. § 39-13-108(b). 

                 3.  For a definition of "HIV", see Tenn. Code Ann. § 39-13-516(b).