False Imprisonment:
The false imprisonment statute addresses any situation where there is an interference with another’s liberty. False imprisonment is the basic underlying offense for the kidnapping statutes. The question is whether the accused removed or confined another person so as to substantially interfere with that person’s freedom. The removal or confinement applies to a continuing course of conduct. And what is substantial interference? That is a question for the jury. Here is the statute:
39-13-302. False Imprisonment.
(a) A person commits the offense of false imprisonment who knowingly removes or confines another unlawfully so as to interfere substantially with the other’s liberty.
(b) False imprisonment is a Class A misdemeanor.
(The situation in which a relative abducts a child or incompetent person after an award of custody to another is covered by TCA § 39-13-306.)
Kidnapping:
Kidnapping is false imprisonment with the added element of exposing the victim to risk of bodily injury. For example, forcing restaurant employees into a freezer has been held to substantially increased the risk of harm over and above that necessarily present in the crime of robbery defendant subject to an independent prosecution for kidnapping. State v. Rolland, 861 S.W.2d 840, (Tenn. Crim. App. 1992). Read the statute:
39-13-303. Kidnapping.
(a) Kidnapping is false imprisonment as defined in § 39-13-302, under circumstances exposing the other person to substantial risk of bodily injury.
(b) Kidnapping is a Class C felony.
Aggravated Kidnapping
Aggravated kidnapping is false imprisonment plus one or more of five elements listed under subsection (a), most notably the possession of a deadly weapon. Read the statute:
39-13-304. Aggravated kidnapping.
(a) Aggravated kidnapping is false imprisonment, as defined in § 39-13-302, committed:
(1) To facilitate the commission of any felony or flight thereafter;
(2) To interfere with the performance of any governmental or political function;
(3) With the intent to inflict serious bodily injury on or to terrorize the victim or another;
(4) Where the victim suffers bodily injury; or
(5) While the defendant is in possession of a deadly weapon or threatens the use of a deadly weapon.
(b)
(1) Aggravated kidnapping is a Class B felony.
(2) If the offender voluntarily releases the victim alive or voluntarily provides information leading to the victim’s safe release, such actions shall be considered by the court as a mitigating factor at the time of sentencing.
Aggravated Kidnapping:
Aggravated kidnapping is false imprisonment plus one or more of five elements listed under subsection (a), most notably the possession of a deadly weapon. Read the statute:
39-13-304. Aggravated kidnapping.
(a) Aggravated kidnapping is false imprisonment, as defined in § 39-13-302, committed:
(1) To facilitate the commission of any felony or flight thereafter;
(2) To interfere with the performance of any governmental or political function;
(3) With the intent to inflict serious bodily injury on or to terrorize the victim or another;
(4) Where the victim suffers bodily injury; or
(5) While the defendant is in possession of a deadly weapon or threatens the use of a deadly weapon.
(b)
(1) Aggravated kidnapping is a Class B felony.
(2) If the offender voluntarily releases the victim alive or voluntarily provides information leading to the victim’s safe release, such actions shall be considered by the court as a mitigating factor at the time of sentencing.