T.P.I. -- CRIM. 14.06

AGGRAVATED CRIMINAL TRESPASS

            Any person who commits the offense of aggravated criminal trespass 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 entered or remained on property;

and

            (2)  that the defendant knew at the time of such entry that [he] [she] did

                   not have the owner's effective consent to do so;

and

            (3)  that the defendant intended, knew, or was reckless about whether

                   [his] [her] presence would cause fear for the safety of another.

            "Intended" 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

            "Knew" means that a person acts knowingly with respect to the conduct or to the circumstance 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.³

            "Reckless" means that a person acts recklessly with respect to circumstances surrounding the conduct when the person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.  The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint.⁴

            "Owner" means a person in lawful possession of property, whether the possession is actual or constructive.⁵

            "Enter" means an intrusion of the entire body.⁶

            "Effective consent" means assent in fact, whether express or apparent, including assent by one legally authorized to act for another.  Consent is not effective when:

            (A)  induced by deception or coercion; or

            (B)  given by a person the defendant knows is not authorized to act as an

                    agent; or

            (C)  given by a person who, by reason of youth, mental disease or defect,

                    or intoxication, is known by the defendant to be unable to make

                    reasonable decisions regarding the subject matter.⁷

FOOTNOTES

  1.   Tenn. Code Ann. § 39-14-406(a).

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

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

  4.   Tenn. Code Ann. § 39-11-106(a)(31).

  5.   Tenn. Code Ann. § 39-14-401(3).

  6.   Tenn. Code Ann. § 39-14-406(b).

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

COMMENTS

            1.  Aggravated criminal trespass is a Class B misdemeanor.  Tenn. Code Ann § 39-14-406(c).

            2.  The Committee notes that the inference contained in Tenn. Code Ann. § 39-14-405, criminal trespass, is omitted from Tenn. Code Ann. § 39-14-406, aggravated criminal trespass.