Knoxville Teenager Reports Attempted Kidnapping
A fifteen year-old Knoxville girl contacted authorities yesterday afternoon to report an attempted kidnapping that occurred shortly after she got off the school bus. According to the teen, she got off the bus at around 5 p.m. at the intersection of Gap Road and Bonny Avenue, when she noticed a dark red truck speeding toward her. She had to jump out of the path of the truck to avoid being ran over, at which point the truck abruptly came to a halt, and a man got out of the truck and grabbed the teen by the arm, attempting to pull her into the truck with him. Thankfully, the teen was able to kick the man and escape his grasp, allowing her to run home. The suspect, described as a black male with a deep voice, scraggly goatee, and yellow teeth driving a dark red mid-size pickup truck has not yet been apprehended. More details can be found here.
As discussed in previous blog articles, attempt offenses are generally punished one classification lower than the actual offense, meaning that since kidnapping in Tennessee is a Class C felony, attempted kidnapping would be punished as a Class D felony. Kidnapping, however, is unique in that most situations, such as this one, that people would consider an “attempted” kidnapping actually qualify as kidnapping under Tennessee’s statute. This is because Tennessee’s kidnapping statute defines the offense as knowingly removing or confining another unlawfully so as to interfere substantially with the other's liberty under circumstances that expose that person to substantial risk of bodily injury. This definition contains no duration or distance requirement, meaning that any act of confinement or removal for even the tiniest of distances or time spans can count as kidnapping. Thus, it is very likely that the suspect in this case could be charged with kidnapping since he allegedly grabbed the teen’s arm, even if for a second.
In situations such as this, it is crucial to be able to prove that no confinement or removal ever occurred, not even an extremely brief episode. Thus, Tennesseans who find themselves facing such charges should consult a skilled criminal defense attorney who can present the strongest possible argument to the jury that such an episode never occurred.
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