T.P.I. -- CRIM. 8.01

KIDNAPPING

            Any person who commits the offense of kidnapping 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

[Part A:

            (1)  that the defendant removed or confined another unlawfully

                   so as to interfere substantially with the other's liberty;

and

            (2)  that the removal or confinement was under circumstances that

                   exposed the other to substantial risk of bodily injury;

and

            (3)  that the defendant acted knowingly.]

or

[Part B:

            (1)  that the defendant removed or confined another unlawfully

                   so as to interfere substantially with the other's liberty;

and

            (2)  that the confinement of another was in a condition of involuntary

                   servitude;

and

            (3)  that the defendant acted knowingly.]

            A removal or confinement is "unlawful" if it is accomplished by force, threat or fraud, or, in the case of a person under the age of thirteen (13) or incompetent, if it is accomplished without the consent of a parent, guardian or other person responsible for the general supervision of the minor's or incompetent's welfare.²

            ["Incompetent" means a person who is in need of partial or full supervision, protection, and assistance by reason of mental illness, physical illness or injury, advanced age, developmental disability, or other mental or physical incapacity.]³

            ["Force" means compulsion by the use of physical power or violence.]⁴

            ["Fraud" is defined as the term is used in ordinary conversation and includes, but is not limited to, deceit, trickery, misrepresentation and subterfuge.]⁵

            ["Bodily injury" includes a cut, abrasion, bruise, burn or disfigurement; physical pain or temporary illness or impairment of the function of a bodily member, organ or mental faculty.]⁶

            "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.⁷

            The requirement of "knowingly" is also established if it is shown that the defendant acted intentionally.⁸

            "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.⁹

            ["Involuntary servitude" means the condition of a person who is compelled by force, coercion or imprisonment and against the person's will to labor for another, whether paid or not.]¹⁰

            ["Coercion" means a threat, however communicated, to:

            (a)  commit any offense;

or

            (b)  wrongfully accuse any person of any offense;

or

            (c)  expose any person to hatred, contempt or ridicule;

or

            (d)  harm the credit or business repute of any person;

or

            (e)  take or withhold action as a public servant or cause a public servant

                   to take or withhold action.]¹¹

FOOTNOTES

  1.  Tenn. Code Ann. § 39-13-303(a).

  2.  Tenn. Code Ann. § 39-13-301(2).

  3.  The term "incompetent" is not defined in Title 39.  The Committee derived

       the definition from Tenn. Code Ann.  § 34-4-102(2).

  4.  Tenn. Code Ann. § 39-11-106(a)(12).

  5. Tenn. Code Ann. § 39-11-106(a)(13).

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

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

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

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

10. Tenn. Code Ann. § 39-13-301(1).

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

COMMENTS

            1.  Kidnapping is a Class C felony.  Tenn. Code Ann. § 39-13-303(b).