What is the Law on Kidnapping/Abduction in Tennessee and What are the Punishments for it?
In the USA kidnapping is considered a federal criminal offense when the victim is made to cross the state lines. All the different states categorize kidnapping differently and punish accordingly. Most offenders who are found guilty face lengthy and harsh prison sentences. The department of justice claims that kidnapping accounts for 2% of all the crimes committed against children or juveniles. According to survey white women in America are mostly abducted either by their present or former spouse, or significant other. The USA holds the sixth top position in the world when it comes to kidnapping to get a ransom.
Kidnapping can also be referred to as false imprisonment by the abduction of the person. Both false imprisonment and abduction are a separate criminal offense that together is categorized as kidnapping. If a person boards a taxi willingly and is then abducted then it will still be considered kidnapping. This suggests that the perpetrator’s use of a weapon or violence is not a deciding factor. If kidnapping is accompanied by physical injury then it becomes aggravated kidnapping. Child kidnapping in some places may be judged as a separate legal category.
Tennessee Kidnapping and Abduction Laws
Kidnapping is a serious criminal offense in the state of Tennessee like anywhere else in the world. In the state, there are statutes for different circumstances for which the offense of kidnapping can be elevated to aggravated kidnapping or especially aggravated kidnapping along with statues for just kidnapping. The statutes are coded under title 39, Chapter 23: Section 39-13-303 for kidnapping; Section 39-13-304 for aggravated kidnapping; and Section 39-13-305 for Especially aggravated Kidnapping.
What is Kidnapping in Tennessee?
The state of Tennessee defines Kidnapping as the crime of taking or picking a person without his or her consent to a hidden, unrevealed, or confidential location. If the restrained person is released without any serious physical or bodily harm then it can be considered as a mitigating factor for the defendant.
What is Aggravated Kidnapping?
When kidnapping in Tennessee is committed with any of the following intentions:
- to get ransom, payment, property, or any other thing of value.
- to sexually assault the victim
- to hold the restrained man, woman, or child as a hostage or shield
- to physically harm the victim
- to hinder or disrupt any political or government project
- to threaten the victim or any other third party
- to aid in committing or some other illegal activity
- illegally force the victim to provide some kind of service
- when the defendant is in possession of deadly weapons that are life-threatening
What is Especially Aggravated Kidnapping?
If the kidnapping in Tennessee is done by using a deadly weapon; if the kidnap victim is a minor below 13 years old; or if the retained person suffers a serious bodily injury then it is considered as especially aggravated kidnapping.
Penalty and Punishment for Kidnapping
Kidnapping is considered a Class C felony in Tennessee. The punishment for a class C felony in the state of Tennessee is imprisonment of a minimum of 3 years and a maximum of 15 years. Along with or instead of a fine of a maximum of ten thousand dollars.
Aggravated kidnapping is considered a Class B felony in Tennessee. The punishment for a class B felony in the state of Tennessee is imprisonment of a minimum of 8 years and a maximum of 30 years. Along with or instead of a fine of a maximum of twenty-five thousand dollars.
Especially aggravated kidnapping is considered a Class C felony in Tennessee. The punishment for a class C felony in the state of Tennessee is imprisonment of a minimum of 15 years and a maximum of 60 years. Along with or instead of a fine of a maximum of twenty-five thousand dollars.