T.P.I. -- CRIM. 11.07

HINDERING SECURED CREDITORS

Any person who commits the offense of hindering secured creditors 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 claimed [ownership of] [interest in] property,

_____________________, which was subject to a [security interest]

[security agreement] [deed of trust] [mortgage] [attachment]

[judgment lien] [statutory lien] [equitable lien];

and

(2) that the defendant [destroyed] [removed] [concealed] [encumbered]

[transferred] [harmed] [reduced the value of] the said property;

and

(3) that the defendant did so with intent to hinder enforcement of the

security interest or lien.

"Intent" 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

["Security interest" means an interest in personal property or fixtures that secures payment or performance of an obligation.]3

["Lien" means a charge or security or incumbrance upon property.]4


"Property" means anything of value, including but not limited to [money] [real estate] [tangible or intangible personal property (including anything severed from land)] [library material] [contract rights] [chose-in-action] [interest in or claim to wealth] [credit] [admission or transportation tickets] [captured or domestic animals] [food and drink] [electric or other power].5

"Remove" means transport, without the effective consent of the secured party, from the state or county in which the property was located when the security interest or lien attached.6

FOOTNOTES

1. Tenn. Code Ann. 39-14-116(a).

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

3. Tenn. Code Ann. 39-14-116(b)(2).

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

5. Tenn. Code Ann. 39-11-106(a)(28).

6. Tenn. Code Ann. 39-14-116(b)(1).

COMMENTS

1. Hindering secured creditors is a Class E felony. Tenn. Code Ann.

39-14-116(c).