T.P.I. -- CRIM. 40.11

DEFENSE:  VOLUNTARY RETURN OF VICTIM

(Applicable to Custodial Interference)

      Included in the defendant's plea of not guilty is [his] [her] plea that the individual taken from lawful custody was returned by the defendant voluntarily before arrest or the issuance of an arrest warrant.

      It is a defense to custodial interference prosecution that:1

      (1)  the individual taken from lawful custody was returned by the

             defendant before [his] [her] arrest or the issuance of a warrant for

             [his] [her] arrest; and

      (2)  the defendant so returned the person taken from lawful custody

             voluntarily.

      If evidence is introduced supporting a voluntary return of the individual by the defendant before arrest or the issuance of a warrant, the burden is on the state to prove beyond a reasonable doubt that the defendant did not voluntarily return the individual before arrest or the issuance of a warrant.2

      If, from all the facts and circumstances in the case, you find that the individual taken from lawful custody was returned by the defendant before arrest or the issuance of a warrant for arrest and that the defendant returned said person voluntarily, or if you have a reasonable doubt as to those matters, then you must find the defendant not guilty.3

FOOTNOTES

  1.  Tenn. Code Ann.  39-13-306(b).

  2.  Tenn. Code Ann.  39-11-201(a)(3).

  3.  Tenn. Code Ann.  39-11-203(d).