Restraints of liberty occur when a defendant removes or confines another person unlawfully. When these restraints are committed against a minor victim, the defendant can receive a felony conviction and be placed on the Sex Offender Registry.
If you have been charged with False imprisonment, Kidnapping, Aggravated kidnapping, or Especially aggravated kidnapping, please contact me immediately to discuss how we can defend your reputation and your freedom.
Tenn. Code Ann. 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.
Tenn. Code Ann. 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.
Tenn. Code Ann. 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.
Tenn. Code Ann. 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 under the age of thirteen (13) at the time of the removal or confinement;
(3) Committed to hold the victim for ransom or reward, or as a shield or hostage; or
(4) Where the victim suffers serious bodily injury.
(b) (1) Especially aggravated kidnapping is a Class A 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.