Tennessee § 39-13-304 - Aggravated kidnapping.

§ 39-13-304. Aggravated kidnapping.

Aggravated kidnapping is false imprisonment, as defined in § 39-13-302, committed: To facilitate the commission of any felony or flight thereafter; To interfere 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. Aggravated kidnapping is a Class B 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 1989, ch. 591, § 1; T.C.A., § 39-13-301 ; Acts 1990, ch. 982, § 1. Sentencing Commission Comments. This section defines the offense of aggravated kidnapping as false imprisonment plus one of the five elements listed in subsection (a). Subdivision (a)(5) punishes a kidnapping involving the possession or threatened use of a deadly weapon. For example, during the kidnapping, if the defendant had a deadly weapon in his or her pocket but did not mention or use it, or if he or she did not have a deadly weapon in his or her possession, but threatened the victim with the use of a deadly weapon, the offense would be punishable as an aggravated kidnapping under this section. If the defendant actually used a deadly weapon or used something other than a deadly weapon but convinced the victim that it was a deadly weapon, the offense would be punishable as an especially aggravated kidnapping under § 39-13-305(a)(1) . 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. Former § 39-13-304 was transferred to § 39-13-306 in 1990. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. False imprisonment, § 39-13-302 . Immediate revocation of bail for certain offenses, § 40-11-113 . Kidnapping defined, § 39-13-303 . Missing Children Recovery Act, title 37, ch. 10, part 2. Penalty for Class B felony, § 40-35-111 . Transfer from juvenile court, § 37-1-134 . Written request for charge on lesser included offense, § 40-18-110 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 28.93, 28.114. 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).