Criminal Impersonation is often seen where an individual who is hiding from a warrant gives a police officer a false name or other identification. This is a serious charge and often results in simply compounding that person's criminal problems.
Under T.C.A. 39-16-301 states the folowing:
(a) A person commits criminal impersonation who, with intent to injure or defraud another person:
(1) Assumes a false identity;
(2) Pretends to be a representative of some person or organization;
(3) Pretends to be an officer or employee of the government; or
(4) Pretends to have a disability.
(b) A person commits criminal impersonation who pretends to be a law enforcement officer for the purpose of:
(1) Engaging in an activity that is ordinarily and customarily an activity established by law as a law enforcement activity; and
(2) Causing another to believe that the person is a law enforcement officer.
A person charged under section (a) faces a Class B misdemeanor, while a person charged under section (b) faces a Class A misdemeanor.
Wednesday, November 30, 2011
Tuesday, November 29, 2011
Resisting Arrest in Tennessee
What does it mean to Resist Arrest in Tennessee?
T.C.A. 39-16-602. Resisting stop, frisk, halt, arrest or search Prevention or obstruction of service of legal writ or process.
(a) It is an offense for a person to intentionally prevent or obstruct anyone known to the person to be a law enforcement officer, or anyone acting in a law enforcement officer's presence and at the officer's direction, from effecting a stop, frisk, halt, arrest or search of any person, including the defendant, by using force against the law enforcement officer or another.
This means that use of force against a police officer to break free or deny arrest may result in a charge of Resisting Arrest. Resisting Arrest is a Class B misdemeanor.
Self Defense under TCA 39-11-611 is not applicable as a defense to resist a halt at a roadblock, arrest, search, or stop and frisk that the person using force knows is being made by a law enforcement officer, unless:
(A) The law enforcement officer uses or attempts to use greater force than necessary to make the arrest, search, stop and frisk, or halt; and
(B) The person using force reasonably believes that the force is immediately necessary to protect against the law enforcement officer's use or attempted use of greater force than necessary.
If you get charged with Resisting Arrest in Cocke, Jefferson, Sevier, Knox or Blount Counties, then contact the licensed Tennessee attorneys of The Law Offices of Andrew E. Farmer.
T.C.A. 39-16-602. Resisting stop, frisk, halt, arrest or search Prevention or obstruction of service of legal writ or process.
(a) It is an offense for a person to intentionally prevent or obstruct anyone known to the person to be a law enforcement officer, or anyone acting in a law enforcement officer's presence and at the officer's direction, from effecting a stop, frisk, halt, arrest or search of any person, including the defendant, by using force against the law enforcement officer or another.
This means that use of force against a police officer to break free or deny arrest may result in a charge of Resisting Arrest. Resisting Arrest is a Class B misdemeanor.
Self Defense under TCA 39-11-611 is not applicable as a defense to resist a halt at a roadblock, arrest, search, or stop and frisk that the person using force knows is being made by a law enforcement officer, unless:
(A) The law enforcement officer uses or attempts to use greater force than necessary to make the arrest, search, stop and frisk, or halt; and
(B) The person using force reasonably believes that the force is immediately necessary to protect against the law enforcement officer's use or attempted use of greater force than necessary.
If you get charged with Resisting Arrest in Cocke, Jefferson, Sevier, Knox or Blount Counties, then contact the licensed Tennessee attorneys of The Law Offices of Andrew E. Farmer.
Friday, November 25, 2011
Black Friday and Shoplifting
On this Black Friday, the stores will be crowded with shoppers looking for the best deals and the lowest prices. However, this is also a day for many people to leave without paying for their merchandise. Under Tennessee law theft is defined as the following:
39-14-103. Theft of property.
A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent.
If the amount that is taken is under $500.00, then that is a misdemeanor with thefts over $500.00 being varying degrees of felony depending upon the amount taken.
Penalties for shoplifting are not simply going to be a ban from the store but could include substantial jail time. If you find yourself charged with shoplifting or theft, it is important to contact a licensed Tennessee attorney immediately.
39-14-103. Theft of property.
A person commits theft of property if, with intent to deprive the owner of property, the person knowingly obtains or exercises control over the property without the owner's effective consent.
If the amount that is taken is under $500.00, then that is a misdemeanor with thefts over $500.00 being varying degrees of felony depending upon the amount taken.
Penalties for shoplifting are not simply going to be a ban from the store but could include substantial jail time. If you find yourself charged with shoplifting or theft, it is important to contact a licensed Tennessee attorney immediately.
Wednesday, November 23, 2011
Hunting License Requirements this Thanksgiving
This Thanksgiving many people will enjoy the holiday by going out into the countryside and hunting this deer season. In order to legally hunt this Thanksgiving you must have a proper hunting license issued by the TWRA (Tennessee Wildlife Resoures Agency).
Resident licenses can be purchased by:
Persons who possess a valid Tennessee driver's license.
Persons who have lived in Tennessee for 90 consecutive days with the genuine intent of making Tennessee their permanent home. Proof of residency required.
Military personnel on active duty in this state and their immediate families, who reside with them, regardless of resident status.
Students who are enrolled in a Tennessee school, college, or university for at least six months.
A Social Security Number is required to purchase a Tennessee hunting or fishing license.
Resident licenses can be purchased by:
Persons who possess a valid Tennessee driver's license.
Persons who have lived in Tennessee for 90 consecutive days with the genuine intent of making Tennessee their permanent home. Proof of residency required.
Military personnel on active duty in this state and their immediate families, who reside with them, regardless of resident status.
Students who are enrolled in a Tennessee school, college, or university for at least six months.
A Social Security Number is required to purchase a Tennessee hunting or fishing license.
Tuesday, November 22, 2011
Dogs at Large in Tennessee
It is a crime in Tennessee for an individual to allow an uncontrolled dog to go on the premises of another or into a public area or onto a public road. It is a crime even when the owners were using reasonable care to prevent the dog from escaping or leaving the owner's property. The Tennessee code section is as follows:
§ 44-8-408. Dogs at Large
(a) As used in this section, unless the context otherwise requires, "owner" means a person who, at the time of the offense, regularly harbors, keeps or exercises control over the dog, but does not include a person who, at the time of the offense, is temporarily harboring, keeping or exercising control over the dog.
(b) The owner of a dog commits an offense if that dog goes uncontrolled by the owner upon the premises of another without the consent of the owner of the premises or other person authorized to give consent, or goes uncontrolled by the owner upon a highway, public road, street or any other place open to the public generally.
(c) It is an exception to the application of this section that:
(1) The dog was on a hunt or chase;
(2) The dog was on the way to or from a hunt or chase;
(3) The dog was guarding or driving stock or on the way to guard or drive stock;
(4) The dog was being moved from one place to another by the owner of the dog;
(5) The dog is a police or military dog, the injury occurred during the course of the dog's official duties and the person injured was a party to, a participant in or suspected of being a party to or participant in the act or conduct that prompted the police or military to utilize the services of the dog;
(6) The violation of subsection (b) occurred while the injured person was on the private property of the dog's owner with the intent to engage in unlawful activity while on the property;
(7) The violation of subsection (b) occurred while the dog was protecting the dog's owner or other innocent party from attack by the injured person or an animal owned by the injured person;
(8) The violation of subsection (b) occurred while the dog was securely confined in a kennel, crate or other enclosure; or
(9) The violation of subsection (b) occurred as a result of the injured person disturbing, harassing, assaulting or otherwise provoking the dog.
(d) The exception to the application of this section provided in subdivisions (c)(1)-(4) shall not apply unless the owner in violation of subsection (b) pays or tenders payment for all damages caused by the dog to the injured party within thirty (30) days of the damage being caused.
(e) It is not a defense to prosecution for a violation of subsection (b) and punished pursuant to subdivision (g)(1), (g)(2) or (g)(3) that the dog owner exercised reasonable care in attempting to confine or control the dog.
(f) It is an affirmative defense to prosecution for a violation of subsection (b) and punished pursuant to subdivision (g)(4) or (g)(5) that the dog owner exercised reasonable care in attempting to confine or control the dog.
(g)(1) A violation of this section is a Class C misdemeanor punishable by fine only.
(2) A violation of this section is a Class B misdemeanor punishable by fine only if the dog running at large causes damage to the property of another.
(3) A violation of this section is a Class A misdemeanor punishable by fine only if the dog running at large causes bodily injury, as defined by § 39- 11-106, to another.
(4) A violation of this section is a Class E felony if the dog running at large causes serious bodily injury, as defined by § 39-11-106, to another.
(5) A violation of this section is a Class D felony if the dog running at large causes the death of another.
Monday, November 21, 2011
Assaults in Tennessee
According to Tennessee criminal law, a person commits assault when they:
• Intentionally, knowingly or recklessly causes bodily injury to another;
• Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
• Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative. Tenn. Code Ann. § 39-13-101 (2007).
A charge of assault based upon the first two bullets above is considered to be a Class A misdemeanor. A charge of assault based upon the last bullet is considered to be a Class B misdemeanor. Misdemeanors in Tennessee are generally scaled from A to C. An A misdemeanor is considered more severe than either a B or C misdemeanor. Likewise, B misdemeanors are generally more severe than C misdemeanors.
It certain situations, an assault may become aggravated. A person commits aggravated assault when they:
• Intentionally or knowingly commit an assault as defined above and that assault:
(A) Causes serious bodily injury to another; o
(B) Uses or displays a deadly weapon; or
• Recklessly commits an assault by causing bodily injury to another, and:
(A) Causes serious bodily injury to another; or
(B) Uses or displays a deadly weapon. Tenn. Code Ann. § 39-13-102 (2007).
• Intentionally, knowingly or recklessly causes bodily injury to another;
• Intentionally or knowingly causes another to reasonably fear imminent bodily injury; or
• Intentionally or knowingly causes physical contact with another and a reasonable person would regard the contact as extremely offensive or provocative. Tenn. Code Ann. § 39-13-101 (2007).
A charge of assault based upon the first two bullets above is considered to be a Class A misdemeanor. A charge of assault based upon the last bullet is considered to be a Class B misdemeanor. Misdemeanors in Tennessee are generally scaled from A to C. An A misdemeanor is considered more severe than either a B or C misdemeanor. Likewise, B misdemeanors are generally more severe than C misdemeanors.
It certain situations, an assault may become aggravated. A person commits aggravated assault when they:
• Intentionally or knowingly commit an assault as defined above and that assault:
(A) Causes serious bodily injury to another; o
(B) Uses or displays a deadly weapon; or
• Recklessly commits an assault by causing bodily injury to another, and:
(A) Causes serious bodily injury to another; or
(B) Uses or displays a deadly weapon. Tenn. Code Ann. § 39-13-102 (2007).
Sexual Abuse of Children Reporting Requirement in Tennessee
In the wake of the Penn State sex abuse covering the headlines, many people are asking what the laws regarding reporting sexual abuse of a minor require. Below is Tennessee Code Annotated Section 37-1-605.
37-1-605. Reports of known or suspected child sexual abuse - Investigations - Notification to parents of abuse on school grounds or while under school supervision
(a) Any person including, but not limited to, any:
(1) Physician, osteopathic physician, medical examiner, chiropractor, nurse or hospital personnel engaged in the admission, examination, care or treatment of persons;
(2) Health or mental health professional other than one listed in subdivision (1);
(3) Practitioner who relies solely on spiritual means for healing;
(4) School teacher or other school official or personnel;
(5) Judge of any court of the state;
(6) Social worker, day care center worker, or other professional child care, foster care, residential or institutional worker;
(7) Law enforcement officer; or
(8) Neighbor, relative, friend or any other person who knows or has reasonable cause to suspect that a child has been sexually abused;
shall report such knowledge or suspicion to the department in the manner prescribed in subsection (b).
(b) (1) [Amended effective January 15, 2011. See the Compiler's Notes.] Each report of known or suspected child sexual abuse pursuant to this section shall be made immediately to the local office of the department responsible for the investigation of reports made pursuant to this section or to the judge having juvenile jurisdiction or to the office of the sheriff or the chief law enforcement official of the municipality where the child resides. Each report of known or suspected child sexual abuse occurring in a facility licensed by the department of mental health, as defined in § 33-2-403, or any hospital, shall also be made to the local law enforcement agency in the jurisdiction where such offense occurred. In addition to those procedures provided by this part, the provisions of § 37-1-405 shall also apply to all cases reported hereunder.
(2) If a law enforcement official or judge becomes aware of known or suspected child sexual abuse, through personal knowledge, receipt of a report or otherwise, such information shall be reported to the department immediately and the child protective team shall be notified to investigate the report for the protection of the child in accordance with the provisions of this part. Further criminal investigation by such official shall be appropriately conducted.
(3) Reports involving known or suspected institutional child sexual abuse shall be made and received in the same manner as all other reports made pursuant to this section.
(c) Any person required to report or investigate cases of suspected child sexual abuse who has reasonable cause to suspect that a child died as a result of child sexual abuse shall report such suspicion to the appropriate medical examiner. The medical examiner shall accept the report for investigation and shall report the medical examiner's findings, in writing, to the local law enforcement agency, the appropriate district attorney general, and the department. Autopsy reports maintained by the medical examiner shall not be subject to the confidentiality requirements provided for in § 37-1-612.
(d) (1) Notwithstanding § 37-5-107 or § 37-1-612 or any other law to the contrary, if a school teacher, school official or any other school personnel has knowledge or reasonable cause to suspect that a child who attends such school may be a victim of child abuse or child sexual abuse sufficient to require reporting pursuant to this section and that the abuse occurred on school grounds or while the child was under the supervision or care of the school, then the principal or other person designated by the school shall verbally notify the parent or legal guardian of the child that a report pursuant to this section has been made and shall provide other information relevant to the future well-being of the child while under the supervision or care of the school. The verbal notice shall be made in coordination with the department of children's services to the parent or legal guardian within twenty-four (24) hours from the time the school, school teacher, school official or other school personnel reports the abuse to the department of children's services; provided, that in no event may the notice be later than twenty-four (24) hours from the time the report was made. The notice shall not be given to any parent or legal guardian if there is reasonable cause to believe that the parent or legal guardian may be the perpetrator or in any way responsible for the child abuse or child sexual abuse.
(2) Once notice is given pursuant to subdivision (d)(1), the principal or other designated person shall provide to the parent or legal guardian all school information and records relevant to the alleged abuse or sexual abuse, if requested by the parent or legal guardian; provided, that the information is edited to protect the confidentiality of the identity of the person who made the report, any other person whose life or safety may be endangered by the disclosure, and any information made confidential pursuant to federal law or § 10-7-504(a)(4). The information and records described in this subdivision (d)(2) shall not include records of other agencies or departments.
(3) For purposes of this subsection (d), school means any public or privately operated child care agency, as defined in § 71-3-501, preschool, nursery school, kindergarten, elementary school or secondary school.
37-1-605. Reports of known or suspected child sexual abuse - Investigations - Notification to parents of abuse on school grounds or while under school supervision
(a) Any person including, but not limited to, any:
(1) Physician, osteopathic physician, medical examiner, chiropractor, nurse or hospital personnel engaged in the admission, examination, care or treatment of persons;
(2) Health or mental health professional other than one listed in subdivision (1);
(3) Practitioner who relies solely on spiritual means for healing;
(4) School teacher or other school official or personnel;
(5) Judge of any court of the state;
(6) Social worker, day care center worker, or other professional child care, foster care, residential or institutional worker;
(7) Law enforcement officer; or
(8) Neighbor, relative, friend or any other person who knows or has reasonable cause to suspect that a child has been sexually abused;
shall report such knowledge or suspicion to the department in the manner prescribed in subsection (b).
(b) (1) [Amended effective January 15, 2011. See the Compiler's Notes.] Each report of known or suspected child sexual abuse pursuant to this section shall be made immediately to the local office of the department responsible for the investigation of reports made pursuant to this section or to the judge having juvenile jurisdiction or to the office of the sheriff or the chief law enforcement official of the municipality where the child resides. Each report of known or suspected child sexual abuse occurring in a facility licensed by the department of mental health, as defined in § 33-2-403, or any hospital, shall also be made to the local law enforcement agency in the jurisdiction where such offense occurred. In addition to those procedures provided by this part, the provisions of § 37-1-405 shall also apply to all cases reported hereunder.
(2) If a law enforcement official or judge becomes aware of known or suspected child sexual abuse, through personal knowledge, receipt of a report or otherwise, such information shall be reported to the department immediately and the child protective team shall be notified to investigate the report for the protection of the child in accordance with the provisions of this part. Further criminal investigation by such official shall be appropriately conducted.
(3) Reports involving known or suspected institutional child sexual abuse shall be made and received in the same manner as all other reports made pursuant to this section.
(c) Any person required to report or investigate cases of suspected child sexual abuse who has reasonable cause to suspect that a child died as a result of child sexual abuse shall report such suspicion to the appropriate medical examiner. The medical examiner shall accept the report for investigation and shall report the medical examiner's findings, in writing, to the local law enforcement agency, the appropriate district attorney general, and the department. Autopsy reports maintained by the medical examiner shall not be subject to the confidentiality requirements provided for in § 37-1-612.
(d) (1) Notwithstanding § 37-5-107 or § 37-1-612 or any other law to the contrary, if a school teacher, school official or any other school personnel has knowledge or reasonable cause to suspect that a child who attends such school may be a victim of child abuse or child sexual abuse sufficient to require reporting pursuant to this section and that the abuse occurred on school grounds or while the child was under the supervision or care of the school, then the principal or other person designated by the school shall verbally notify the parent or legal guardian of the child that a report pursuant to this section has been made and shall provide other information relevant to the future well-being of the child while under the supervision or care of the school. The verbal notice shall be made in coordination with the department of children's services to the parent or legal guardian within twenty-four (24) hours from the time the school, school teacher, school official or other school personnel reports the abuse to the department of children's services; provided, that in no event may the notice be later than twenty-four (24) hours from the time the report was made. The notice shall not be given to any parent or legal guardian if there is reasonable cause to believe that the parent or legal guardian may be the perpetrator or in any way responsible for the child abuse or child sexual abuse.
(2) Once notice is given pursuant to subdivision (d)(1), the principal or other designated person shall provide to the parent or legal guardian all school information and records relevant to the alleged abuse or sexual abuse, if requested by the parent or legal guardian; provided, that the information is edited to protect the confidentiality of the identity of the person who made the report, any other person whose life or safety may be endangered by the disclosure, and any information made confidential pursuant to federal law or § 10-7-504(a)(4). The information and records described in this subdivision (d)(2) shall not include records of other agencies or departments.
(3) For purposes of this subsection (d), school means any public or privately operated child care agency, as defined in § 71-3-501, preschool, nursery school, kindergarten, elementary school or secondary school.
Solicitation of a Minor in Tennessee
Charges of Solicitation of a Minor, often begin with a male making inappropriate contact to a female to a that is or appears to be underage.
Under Tennessee law, the contacted person may be either real or a decoy. The word solicitation is synonymous with the word ask, so the offense is committed whether or not the solicited act is followed through or not. In other words, it is no defense that the solicitation was unsuccessful or that the conduct solicited was not engaged in. Liability lies when the question is asked with the appropriate level of intent.
According to Tennessee law, it is an offense for a person eighteen years of age or older, by means of oral, written or electronic communication, electronic mail or Internet services, directly or through another, to intentionally command, request, hire, persuade, invite or attempt to induce a person whom the person making the solicitation knows, or should know, is less than eighteen years of age, or solicits a law enforcement officer posing as a minor, and whom the person making the solicitation reasonably believes to be less than eighteen years of age, to engage in conduct that, if completed, would constitute:
(1) Rape of a child;
(2) Aggravated rape;
(3) Rape;
(4) Aggravated sexual battery;
(5) Sexual battery by an authority figure;
(6) Sexual battery;
(7) Statutory rape;
(8) Especially aggravated sexual exploitation of a minor; or
(9) Sexual activity involving a minor. Tenn. Code Ann. § 39-13-528 (2007).
The punishment for solicitation of a minor depends upon the classification of the crime solicited. Solicitation of a minor constitutes an offense one classification lower than the most serious crime solicited. If you have been accused of solicitation of a minor in Tennessee, contact a sex offense attorney.
Under Tennessee law, the contacted person may be either real or a decoy. The word solicitation is synonymous with the word ask, so the offense is committed whether or not the solicited act is followed through or not. In other words, it is no defense that the solicitation was unsuccessful or that the conduct solicited was not engaged in. Liability lies when the question is asked with the appropriate level of intent.
According to Tennessee law, it is an offense for a person eighteen years of age or older, by means of oral, written or electronic communication, electronic mail or Internet services, directly or through another, to intentionally command, request, hire, persuade, invite or attempt to induce a person whom the person making the solicitation knows, or should know, is less than eighteen years of age, or solicits a law enforcement officer posing as a minor, and whom the person making the solicitation reasonably believes to be less than eighteen years of age, to engage in conduct that, if completed, would constitute:
(1) Rape of a child;
(2) Aggravated rape;
(3) Rape;
(4) Aggravated sexual battery;
(5) Sexual battery by an authority figure;
(6) Sexual battery;
(7) Statutory rape;
(8) Especially aggravated sexual exploitation of a minor; or
(9) Sexual activity involving a minor. Tenn. Code Ann. § 39-13-528 (2007).
The punishment for solicitation of a minor depends upon the classification of the crime solicited. Solicitation of a minor constitutes an offense one classification lower than the most serious crime solicited. If you have been accused of solicitation of a minor in Tennessee, contact a sex offense attorney.
Reckless Endangerment Law in Tennessee
In Tennessee, Reckless Endangerment is defined as engaging in conduct that places or may place another person in imminent danger of death or serious bodily injury. It is a Class A misdemeanor, punishable up to eleven months, twenty-nine days in jail and a fine not to exceed $2,500. However, if a deadly weapon is used in the commission of the offense, Reckless Endangerment is a Class E Felony, punishable from 1 to 6 years in prison and a fine up to $3,000.
An arrest for Reckless Endangerment may result from multiple different situations, including discharging a firearm in public and driving at a high rate of speed. It is important to hire an experienced attorney if you have been charged with Reckless Endangerment in Sevierville, Tennessee.
An arrest for Reckless Endangerment may result from multiple different situations, including discharging a firearm in public and driving at a high rate of speed. It is important to hire an experienced attorney if you have been charged with Reckless Endangerment in Sevierville, Tennessee.
Burglary Law in Tennessee
In Tennessee, burglary is divided into three categories: Burglary, Aggravated Burglary, and Especially Aggravated Burglary. The offense charged depends upon the type of structure entered and/or the nature of the injury resulting from the offense.
If you have been charged with Burglary or other burglary-related offense in Tennessee, it is important to hire an experienced criminal defense attorney.
Under Tennessee law, a person commits the offense of Burglary who, without the effective consent of the property owner:
(1) Enters a building other than a habitation not open to the public with intent to commit a felony, theft, or assault;
(2) Remains concealed in a building with the intent to commit a felony, theft, or assault;
(3) Enters a building and commits or attempts to commit a felony, theft, or assault; or
(4) Enters any freight or passenger car, automobile, truck, trailer, boat, airplane, or other motor vehicle with intent to commit a felony, theft or assault or commits or attempts to commit a felony, theft, or assault.
"Enter" means intrusion of any part of the body or intrusion of any object in physical contact with the body or any object controlled by remote control, electronic or otherwise. "Habitation" means any structure, including buildings, module units, mobile homes, trailers, and tents designed or adapted for overnight accommodation of persons. "Habitation" also includes a self-propelled vehicle that is designed or adapted for overnight accommodation of persons and is actually occupied at the time of initial entry of the defendant, as well as each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with the structure or vehicle.
All burglary offenses in Tennessee are felonies. A Burglary offense under sections (1), (2), or (3) is a Class D Felony, punishable by 2 to 12 years imprisonment, a fine up to $5,000, as well as additional requirements imposed by the trial judge, including restitution, court costs, anti-theft classes, drug & alcohol treatment, and anger management classes. A Burglary offense under section (4) is a Class E Felony, punishable by 1 to 6 years imprisonment, a fine up to $3,000, as well as additional restrictions imposed by the trial judge.
If you have been charged with Burglary or other burglary-related offense in Tennessee, it is important to hire an experienced criminal defense attorney.
Under Tennessee law, a person commits the offense of Burglary who, without the effective consent of the property owner:
(1) Enters a building other than a habitation not open to the public with intent to commit a felony, theft, or assault;
(2) Remains concealed in a building with the intent to commit a felony, theft, or assault;
(3) Enters a building and commits or attempts to commit a felony, theft, or assault; or
(4) Enters any freight or passenger car, automobile, truck, trailer, boat, airplane, or other motor vehicle with intent to commit a felony, theft or assault or commits or attempts to commit a felony, theft, or assault.
"Enter" means intrusion of any part of the body or intrusion of any object in physical contact with the body or any object controlled by remote control, electronic or otherwise. "Habitation" means any structure, including buildings, module units, mobile homes, trailers, and tents designed or adapted for overnight accommodation of persons. "Habitation" also includes a self-propelled vehicle that is designed or adapted for overnight accommodation of persons and is actually occupied at the time of initial entry of the defendant, as well as each separately secured or occupied portion of the structure or vehicle and each structure appurtenant to or connected with the structure or vehicle.
All burglary offenses in Tennessee are felonies. A Burglary offense under sections (1), (2), or (3) is a Class D Felony, punishable by 2 to 12 years imprisonment, a fine up to $5,000, as well as additional requirements imposed by the trial judge, including restitution, court costs, anti-theft classes, drug & alcohol treatment, and anger management classes. A Burglary offense under section (4) is a Class E Felony, punishable by 1 to 6 years imprisonment, a fine up to $3,000, as well as additional restrictions imposed by the trial judge.
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)
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)
Wednesday, November 2, 2011
Can I adopt my step child?
In Tennessee a step parent may adopt his or her step child as if the child was the parent's biological child. In order to adopt the step parent along with the biological parent he or she is married must petition the court jointly. To have a step child adopted, then the other biological parent must have either his or her parental rights terminated or that biological parent must consent to the adoption.
Tuesday, November 1, 2011
Can the court take my kids away without prior notice or a hearing?
The Tennessee legislature has required in TCA 37-1-114 that before a child may be taken into sheltered custody away from a parent, guardian or legal custodian, then there must be probable cause shown to the Judge that the child "is a neglected, dependent or abused child, and in either case the child's detention or shelter care is required because the child is subject to an immediate threat to the child's health or safety to the extent that delay for a hearing would be likely to result in severe or irreparable harm, or the child may abscond or be removed from the jurisdiction of the court, and in either case, there is no less drastic alternative to removal of the child from the custody of the child's parent, guardian or legal custodian available that would reasonably and adequately protect the child's health or safety or prevent the child's removal from the jurisdiction of the court pending a hearing."
This means that there must be the likely result of immediate and severe harm to the child if the court does not remove the children. However, if this occurs then the court must provide the parent, guardian or legal custodian the opportunity to a preliminary hearing on probable cause within 72 hours of the removal.
This means that there must be the likely result of immediate and severe harm to the child if the court does not remove the children. However, if this occurs then the court must provide the parent, guardian or legal custodian the opportunity to a preliminary hearing on probable cause within 72 hours of the removal.
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