T.P.I.-- CRIM. 8.05

FALSE IMPRISONMENT

            Any person who commits the offense of false imprisonment 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 [removed] [confined] another unlawfully so

       as to interfere substantially with the other's liberty;

and

            (2)  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

            "Knowingly" means that a person acts knowingly with respect to the conduct or to the 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.⁶

            The requirement of "knowingly" is also established if it is shown that the defendant acted intentionally.⁷

            "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.⁸

FOOTNOTES

1.  Tenn. Code Ann. § 39-13-302.

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)(20).

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

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

COMMENTS

            1.  False imprisonment is a Class A misdemeanor.  Tenn. Code Ann. § 39-13-302(b).