T.P.I. -- CRIM. 29.03

VIOLATION OF AIRPORT OR AIRCRAFT SECURITY

            Any person who commits the offense of violation of [airport] [aircraft] security 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 an [aircraft] [airport that services air

                   carriers including foreign air carriers];

and

            (2)  that such entry was contrary to security requirements as established

                   by federal law as follows:2  ________________________________

                   ______________________________________________________;

and

            (3)  that the defendant acted intentionally;

[and]

            [(4)  that the defendant intended to commit [in the aircraft] [in the secured

                   area of the airport] an act punishable as a felony under federal or

                   state law and has been convicted of such violation.  ________      is a

                   felony under __________ law.]

            "Intentionally" means that a person acts intentionally with respect to the nature of the conduct or the result of the conduct when it is the person's objective desire to engage in the conduct or cause the result.3

FOOTNOTES

1.   Tenn. Code Ann. § 39-17-109.

2.   49 U.S.C. § § 1356 and 1357.

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

COMMENTS

            1.  Violation of airport or aircraft security without intention to commit a felony is a Class A misdemeanor.  Tenn. Code Ann. § 39-17-109(b).  Violation of airport or aircraft security with intention to commit a felony is a Class E felony.  Tenn. Code Ann. § 39-17-109(c).