T.P.I. -- CRIM. 30.08
Any person who commits the offense of public intoxication 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 was under the influence of [an intoxicating
substance] [a controlled substance];
(2) that the defendant was under the influence to the degree that [the
defendant may have been endangered] [there was endangerment to
other persons or property] [the defendant unreasonably annoyed
people in the vicinity];
(3) that the defendant was in a public place;
(4) that the defendant acted either intentionally, knowingly or recklessly.2
__________________________________ is [an intoxicating substance]
[a controlled substance].
The term "under the influence" covers not only all well known and easily recognized conditions and degrees of intoxication but also any mental or physical condition which is the result of taking intoxicants or drugs in any form and which deprives one of the clearness of mind and control of one's self which one would otherwise possess.
"Public place" means a place to which the public or a group of persons has access and includes, but is not limited to, [highways] [transportation facilities] [schools] [places of amusement] [parks] [places of business] [playgrounds] [hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence]. The act is deemed to occur in a public place if it produces its offensive or proscribed consequences in a public place.3
"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.4
"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.5
[The requirement of “knowingly” is also established if it is shown that the defendant acted intentionally.]0
"Recklessly" means that a person acts recklessly with respect to circumstances surrounding the conduct or the result of 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 person's standpoint.7
[The requirement of “recklessness” is also established if it is shown that the defendant acted intentionally or knowingly.]0
If recklessness establishes an element of an offense and the person is unaware of the risk because of voluntary intoxication, the person's unawareness is immaterial in a prosecution for that offense.9
1. Tenn. Code Ann. § 39-17-310(a).
2. Tenn. Code Ann. § 39-11-302(b) and (c) and accompanying Sentencing
3. Tenn. Code Ann. § 39-11-106(a)(29).
4. Tenn. Code Ann. § 39-11-106(a)(18).
5. Tenn. Code Ann. § 39-11-106(a)(20).
6. Tenn. Code Ann. § 39-11-301(a)(2).
7. Tenn. Code Ann. § 39-11-106(a)(31).
8. Tenn. Code Ann. § 39-11-301(a)(2)
9. Tenn. Code Ann. § 39-11-503(b).
1. Public intoxication is a Class C misdemeanor. Tenn. Code Ann. § 39-17-310(b).
2. If the definition of an offense within Title 39 does not plainly dispense with a mental element, intent, knowledge or recklessness suffices to establish the culpable mental state. Tenn. Code Ann. § 39-11-301(c). The Committee is of the opinion that the definitions of "intentionally", "knowingly", and "recklessly" should all be charged for this offense.