T.P.I. -- CRIM. 35.01

PRIZE FIGHTING, SPARRING AND OTHER BRUTAL SPORTS

            Any person who engages in [prize fighting] [boxing] [brutal sports] 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 engaged in a [prize fight with or without gloves]

                   [boxing match with or without gloves] [brutal sport or exhibition];

and

            (2)  that [bruising] [maiming] [serious bodily injury] might have resulted to

                   the [boxers] [participants];

and

            (3)  that the defendant acted either intentionally, knowingly or recklessly.²

            "Person" means anyone engaging in the sports or contests designated in these instructions either as principals, aids, seconds, or backers.³

            "Intentionally" means that a person acts intentionally with respect to the nature 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

            "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 accused person's standpoint.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

            [It is an exception to this offense that the activity involved was a football or baseball game, or other sport not of like sort with prize fighting or boxing.  If the defendant proves this exception by a preponderance of the evidence,⁸ you must find [him] [her] not guilty.]⁹ 

            [It is an exception to this offense that the activity involved was authorized by other provisions of the law and was carried out in accordance with that law.  If the defendant proves this exception by a preponderance of the evidence,⁸ you must find [him] [her] not guilty.]¹¹

FOOTNOTES

 1.  Tenn. Code Ann. § 39-17-1102(a).

 2.  Tenn. Code Ann. § 39-11-301(b) and (c) and accompanying Sentencing

      Commission Comment.

 3.  Tenn. Code Ann. § 39-17-1102(d).

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

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

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

 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. § 39-11-202(b)(2).  The trial judge should utilize T.P.I. --

       CRIM. 42.01 (Preponderance of the Evidence).

  9.  Tenn. Code Ann. § 39-17-1102(b).

10.  Tenn. Code Ann. § 39-11-202(b)(2).  The trial judge should utilize T.P.I. --

       CRIM. 42.01 (Preponderance of the Evidence).

11.  Tenn. Code Ann. § 39-17-1102(c).  See, for example, Boxing, Sparring and

       Wrestling, Title 68, Chapter 50.

COMMENTS

                 1.  A violation of this statute is a Class C misdemeanor.  Tenn. Code Ann. § 39-17-1102(d).

                 2.  The Committee is of the opinion that the language of Tenn. Code Ann. § 39-17-1102(b) and (c) are words "of similar import" as the term is used in Tenn. Code Ann. § 39-11-202 (Exceptions).

                 3.  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.