False Imprisonment and Kidnapping in Tennessee

In Tennessee, A person commits false imprisonment (a Class A misdemeanor) when he or she knowingly removes or confines another unlawfully so as to interfere substantially with the other's liberty. Tenn. Code Ann. § 39-13-302 (2007). "Unlawful" means, with respect to removal or confinement, one that is accomplished by force, threat or fraud, or, in the case of a person who is under the age of thirteen or incompetent, accomplished without the consent of a parent, guardian or other person responsible for the general supervision of the minor's or incompetent's welfare. Tenn. Code Ann. § 39-13-301 (2007).


Tennessee recognizes three forms of kidnapping: kidnapping, aggravated kidnapping, and especially aggravated kidnapping. There is also something called custodial interference which will be discussed in a later blog. Kidnapping ( a Class C felony) is false imprisonment plus:

• exposing another person to substantial risk of bodily injury; or

• confining another in a condition of involuntary servitude. Tenn. Code Ann. § 39--13-303 (2007).

"Involuntary servitude" means the condition of a person who is compelled by force, coercion or imprisonment and against the person's will to labor for another, whether paid or not. Tenn. Code Ann. § 39-13-301 (2007). Notice that you could commit kidnapping in Tennessee without a either a kid or a napping. Aggravated kidnapping in Tennessee (a Class B felony) is false imprisonment plus:

• facilitating the commission of any felony or flight thereafter;

• interfering 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. Tenn. Code Ann. § 39-13-304 (2007).

Especially aggravated kidnapping is the most serious of the kidnapping offenses. It is considered to be a Class A felony. Especially aggravated kidnapping is false imprisonment plus:


• 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 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. Tenn. Code Ann. § 39-13-305 (2007)