Most states, including Tennessee, classify kidnapping as a serious felony. Even if the kidnapper ultimately releases the victim, they will still face severe penalties. Depending on the facts of the case and the defendant’s criminal history, they may face up to 60 years in prison (for especially aggravated kidnapping).
In this article, we will explain Tennessee‘s kidnapping laws, including the penalty and defenses to this crime. We will also discuss the factors that may cause the court to enhance the criminal charges and penalties in a kidnapping case.
If you’re facing kidnapping charges, consider consulting an experienced Tennessee criminal defense attorney sooner rather than later. A kidnapping conviction will impact the rest of your life. Having a skilled criminal defense lawyer by your side can make a huge difference in your future.
How Does Tennessee Define Kidnapping?
Tennessee Code defines kidnapping as false imprisonment under circumstances where there is a substantial risk of bodily injury to the victim. To fully understand Tennessee‘s kidnapping laws, we have to look at how the state defines the crime of false imprisonment. Under Tennessee law, a person is guilty of false imprisonment if they knowingly and unlawfully confine a person or remove them from a location while substantially interfering with the person’s liberty.
To convict someone of kidnapping in Tennessee, the prosecutor must prove that the defendant committed false imprisonment under circumstances exposing the victim to substantial risk of bodily injury. Tennessee law recognizes the related crimes of aggravated kidnapping and “especially aggravated kidnapping.” These offenses are discussed in more detail below.
Aggravated Kidnapping
A person faces aggravated kidnapping charges when they commit an ordinary kidnapping and specific aggravating factors are present. The prosecutor must determine whether they plan to charge the defendant with this enhanced crime when they file criminal charges.
According to Tennessee Code, a person commits aggravated kidnapping when one or more of the following factors exist:
- The defendant kidnaps a person to facilitate a separate felony
- The defendant commits a kidnapping so they can interfere with a governmental or political function
- The offender intends to inflict serious bodily injury on the victim or terrorize the victim or another party
- The victim suffers a personal injury
- The defendant commits a kidnapping with a deadly weapon or threatens the victim with a deadly weapon
Aggravated kidnapping carries heavier penalties than kidnapping.
Especially Aggravated Kidnapping
As stated above, Tennessee‘s criminal law recognizes a separate criminal offense called especially aggravated kidnapping. This crime is more serious than both kidnapping and aggravated kidnapping and carries more severe penalties than these other crimes.
A person is guilty of especially aggravated kidnapping when any of the following circumstances exist:
- The defendant accomplishes a kidnapping with a deadly weapon or something the victim would reasonably believe is a deadly weapon
- The victim is under 13 years old
- The defendant holds the victim for a ransom or reward
- The individual commits a kidnapping to use the victim as a shield or hostage
- The victim suffers serious bodily injury
Law enforcement will consider the specific facts of your case when they make an arrest. This will help the prosecutor determine which criminal charges to file against you.
Parental Kidnapping
In addition to the above kidnapping offenses, Tennessee law recognizes parental kidnapping (or “custodial interference“) as a separate offense. This crime involves one parent taking their own child to either interfere with or prevent the other parent from having custody or parenting time with the child.
Parental kidnapping differs slightly from the general charge of kidnapping. The primary difference is that a parental kidnapping case involves one parent removing or detaining their child to keep them away from the other parent. Under Tennessee law, custodial interference occurs when a parent or other family member:
- Removes a child from the state in violation of a child custody order
- Keeps a child beyond the allowed visitation time (with the intent to violate custody orders)
- Harbors or hides a child (in or outside Tennessee), knowing someone else unlawfully took the child from lawful custody
- Helps someone else commit any of these acts
- Detains or removes a child during legal visitation with the intent to violate the other parent’s court-ordered visitation rights
- Harbors or hides a child who has been placed in the custody of the Department of Children’s Services under a protective or emergency custody order
Custodial interference can constitute a Class E felony in Tennessee, but it may also be classified as a Class A misdemeanor depending on the circumstances. This charge carries a possible jail sentence of one to six years and fines of up to $3,000. The potential penalties increase if the defendant takes the child out of state.
If the defendant voluntarily returns the child to the other parent, the court will likely reduce the charges to a Class A misdemeanor. The penalties for this criminal offense include up to 11 months and 29 days in jail and fines of up to $2,500.
Penalties for Kidnapping in Tennessee
It’s crucial to understand the penalties associated with kidnapping offenses in Tennessee. Whether you’re facing charges or know someone who might, you should familiarize yourself with the possible penalties for kidnapping.
The criminal penalties for kidnapping are as follows:
- Kidnapping: Class C felony that can result in a prison sentence of three to 15 years and a maximum fine of $10,000, but it may also be classified as a Class B felony if the victim is under 13 years old
- Aggravated kidnapping: Class B felony punishable by eight to 30 years in prison and fines of up to $25,000, but it may also be classified as a Class A felony if the victim is under 13 years old
- Especially aggravated kidnapping: Class A felony with a potential prison sentence of 15 to 60 years and fines of up to $50,000, but it may also be classified as a Class B felony if the victim is released voluntarily by the defendant
A criminal defense attorney can examine the charges and determine what sentence a defendant may face if convicted.
Possible Defenses to Kidnapping in Tennessee
When you meet with a Tennessee criminal defense attorney, you’ll discuss the possible defenses available to you. A strong defense is key to challenging the state’s case. Possible defenses in a kidnapping case include:
- Consent: Proving that the victim agreed to go with you
- Duress: Proving that you committed the kidnapping under the threat of violence or other form of duress, which may cause the state to reduce or reduce the charges (rarely employed)
If your defense attorney can prove that the police didn’t follow procedure or violated your constitutional rights, evidence can be suppressed or, in some cases, charges may be dropped altogether. One reason so many criminal defendants retain a criminal defense lawyer is that attorneys know the available defenses and what it takes to use them to their advantage.
Seek Legal Advice From a Tennessee Criminal Defense Attorney
A kidnapping conviction in Tennessee can lead to prison time and hefty fines. This is true even in parental kidnapping cases. It’s in your best interest to seek advice from a seasoned criminal defense lawyer as soon as possible after your arrest. Your attorney will devise a strong defense strategy and work hard to achieve an acquittal or a favorable plea bargain. Scheduling your initial consultation is the first step.
