Tennessee Jury Instruction - Kidnapping
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Kidnapping. Kidnapping is false imprisonment as defined in § 39-13-302, under circumstances exposing the other person to substantial risk of bodily injury. Kidnapping is a Class C felony.
Section 39-13-305 - Especially aggravated kidnapping (a) Especially aggravated kidnapping is false imprisonment, as defined in § 39-13-302: (1) Accomplished with a deadly weapon or by display of any article used or fashioned to lead the victim to reasonably believe it to be a deadly weapon; (2) Where the victim was ...
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
Kidnapping, on the other hand, ?is false imprisonment under circumstances exposing the other person to substantial risk of bodily injury? (emphasis ours). If there is no substantial risk of bodily injury, there is no kidnapping.
With the intent to inflict serious bodily injury on or to terrorize the victim or another; Where the victim suffers bodily injury; or. While the defendant is in possession of a deadly weapon or threatens the use of a deadly weapon.
Aggravated kidnapping is a Class B felony punishable by 8 to 30 years in prison and a maximum fine of $25,000. Especially aggravated kidnapping is a Class A felony punishable by 15 to 60 years in prison and a maximum fine of $50,000.
Kidnapping is generally graded as first degree or aggravated or as second degree or simple. First-degree or aggravated kidnapping is typically a serious felony, while second-degree or simple kidnapping is typically a low-level felony.
Aggravated assault in Tennessee occurs when a person intentionally, knowingly or recklessly causes or attempts to cause serious physical injury to another. If intentional physical injury is caused to a public employee or transit system worker while those workers are on duty, it is considered aggravated assault.