T.P.I. -- CRIM. 8.03

ESPECIALLY AGGRAVATED KIDNAPPING

            Any person who commits an especially aggravated 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 confinement or removal was accomplished with a deadly

                   weapon or by display of any article used or fashioned to lead the

                   alleged victim to reasonably believe it was a deadly weapon

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 alleged victim was under the age of thirteen (13) at the time of

                   removal or confinement;2


and

            (3)  that the defendant acted knowingly.]

or

[Part C:

            (1)  that the defendant removed or confined another unlawfully

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

and

            (2)  that the alleged victim was held for ransom or reward

and

            (3)  that the defendant acted knowingly.]

or

[Part D:

            (1)  that the defendant removed or confined another unlawfully

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

and

            (2)  that the alleged victim was used as a shield or hostage

and

            (3)  that the defendant acted knowingly.]

or

[Part E:

            (1)  that the defendant removed or confined another unlawfully

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

and

            (2)  that the alleged victim suffered serious bodily injury

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 who is under the age of thirteen (13), if it is accomplished without the consent of a parent, guardian or other person responsible for the general supervision of the minor's welfare.3

            [ "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.]4

            ["Force" means compulsion by the use of physical power or violence.]5

            ["Fraud” is defined as the term is used in ordinary conversation and includes, but is not limited to, deceit, trickery, misrepresentation and subterfuge.]6

            ["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.]7

            "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.8

            The requirement of "knowingly" is also established if it is shown that the defendant acted intentionally.9

            "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.10

FOOTNOTES 

  1.  Tenn. Code Ann. § 39-13-305(a).

  2.  Note that as presently drafted, this offense applies to victims under the age

       of thirteen, but does not apply to victims who are incompetent individuals.

  3.  Tenn. Code Ann. § 39-13-301(2).

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

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

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

  7.  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".

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

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

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

COMMENTS

            1.  Especially aggravated kidnapping is a Class A felony.  Tenn. Code Ann. § 39-13-305(b)(1).

            2.  It is not a defense to the offense of especially aggravated kidnapping that the offender voluntarily releases the victim alive or voluntarily provides information leading to the victim's safe release; however, such actions shall be considered by the Court as a mitigating factor at the time of the sentencing.  Tenn. Code Ann. § 39-13-305(b)(2).

            3.  Note that the elements of Part E of aggravated kidnapping and Part A of especially aggravated kidnapping appear to be substantially similar.