Tennessee § 39-13-305 - Especially aggravated kidnapping.

§ 39-13-305. Especially aggravated kidnapping.

Especially aggravated kidnapping is false imprisonment, as defined in § 39-13-302: 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 (13) 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. Especially aggravated kidnapping is a Class A felony. 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. Acts 1990, ch. 982, § 1. Sentencing Commission Comments. This section defines the offense of especially aggravated kidnapping as false imprisonment plus one of the four elements listed in subsection (a). Subdivision (a)(1) punishes a kidnapping in which a deadly weapon is actually used to threaten the victim. If a weapon is in the defendant's possession but is not used, the kidnapping is punishable pursuant to § 39-13-304 , aggravated kidnapping. Subsection (b) requires the court to consider the voluntary safe release of the victim as a mitigating factor. This provision reflects the concern for the safety of the victim. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Penalty for Class A felony, § 40-35-111 . Transfer from juvenile court, § 37-1-134 . Law Reviews. Two Crimes for the Price of One: The Problem With Kidnapping Statutes in Tennessee and Beyond (Melanie A. Prince), 76 Tenn. L. Rev. 789 (2009).