Tennessee Law - False Imprisonment and Kidnapping
Tennessee criminal defense attorneys can assist with charges of false imprisonment or kidnapping. Traditionally, kidnapping is thought of as a two step process. You need a kid + a napping or taking, right? This certainly seems logical due to the structure of the word. If you make the reasonable assumption that the legal definition of kidnapping in Tennessee is the same as the traditional view, you would be wrong! To understand the legal definition of kidnapping, you must first understand what false imprisonment is because you can't commit kidnapping without false imprisonment.

In Tennessee, A person commits false imprisonment (a Class A misdemeanor) when he or she knowingly removes or confines another unlawfully so as to interfere substantially with the other's liberty. Tenn. Code Ann. § 39-13-302 (2007). "Unlawful" means, with respect to removal or confinement, one that is accomplished by force, threat or fraud, or, in the case of a person who is under the age of thirteen or incompetent, accomplished without the consent of a parent, guardian or other person responsible for the general supervision of the minor's or incompetent's welfare. Tenn. Code Ann. § 39-13-301 (2007).
Tennessee recognizes three forms of kidnapping: kidnapping, aggravated kidnapping, and especially aggravated kidnapping. There is also something called custodial interference which will be discussed in a later blog. Kidnapping ( a Class C felony) is false imprisonment plus:
• exposing another person to substantial risk of bodily injury; or
• confining another in a condition of involuntary servitude. Tenn. Code Ann. § 39--13-303 (2007).
"Involuntary servitude" means the condition of a person who is compelled by force, coercion or imprisonment and against the person's will to labor for another, whether paid or not. Tenn. Code Ann. § 39-13-301 (2007). Notice that you could commit kidnapping in Tennessee without a either a kid or a napping. Aggravated kidnapping in Tennessee (a Class B felony) is false imprisonment plus:
• facilitating the commission of any felony or flight thereafter;
• interfering with the performance of any governmental or political function;
• 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. Tenn. Code Ann. § 39-13-304 (2007).

Especially aggravated kidnapping is the most serious of the kidnapping offenses. It is considered to be a Class A felony. Especially aggravated kidnapping is false imprisonment plus:
• 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;
• Where the victim was under the age of thirteen at the time of the removal or confinement;
• Committed to hold the victim for ransom or reward, or as a shield or hostage; or
• Where the victim suffers serious bodily injury. Tenn. Code Ann. § 39-13-305 (2007)
Kidnapping cases are complex. Usually, the victim and the offender have a close relationship or are family members. Tennessee criminal defense attorneys know that the circumstances surrounding every kidnapping case are different. Kidnapping attorneys always fight vigorously to defend your rights. If you have been charged with kidnapping, aggravated kidnapping, or especially aggravated kidnapping in Knoxville, Sevierville, Johnson City, or the Chattanooga areas, contact a serious criminal defense today.











