T.P.I. -- CRIM. 9.04

CARJACKING

            Any person who commits the offense of carjacking 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 took a motor vehicle from the possession of another

                   by use of a deadly weapon;

and

            (2)  that the defendant acted either intentionally or knowingly.]

or

[Part B:

            (1)  that the defendant took a motor vehicle from the possession of another

                   by force or intimidation;

and

            (2)  that the defendant acted either intentionally or knowingly.]

            [”Deadly weapon” means a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.]²

            [“Serious bodily injury” means bodily injury which involves a substantial risk of death; protracted unconsciousness; extreme physical pain; protracted or obvious disfigurement; or protracted loss or substantial impairment of a function of a bodily member, organ or mental faculty.]³

            [“Intimidation” means unlawful coercion, duress; putting in fear.]⁴

            “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.⁵

            “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.⁶

FOOTNOTES

  1.  Tenn. Code Ann. § 39-13-404(a).

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

  3.  Tenn. Code Ann. § 39-11-106(a)(33).  Some trial judges are of the opinion that

        the definition of “bodily injury”, Tenn. Code Ann. § 39-11-106(a)(2), should be

        given in connection with the definition of “serious bodily injury”.

  4.  Black’s Law Dictionary (5th Ed. 1979).

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

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

COMMENTS

            1.  Carjacking is a Class B felony.  Tenn. Code Ann. § 39-13-404(b).