§ 39-13-305 — Especially aggravated kidnapping

(a) Especially aggravated kidnapping is false imprisonment, as defined in § 39-13-302 : (1) 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; (2) Where the victim was under the age of thirteen (13) at the time of the removal or confinement; (3) Committed to hold the victim for ransom or reward, or as a shield or hostage; or (4) Where the victim suffers serious bodily injury. (b) (1) Especially aggravated kidnapping is a Class A felony. (2) 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. (3) Notwithstanding title 40, chapter 35, a person convicted of a violation of this section shall be punished as a Range II offender; however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case shall it be lower than Range II.

Legislative History

Amended by 2023 Tenn. Acts, ch. 155, s 1, eff. 7/1/2023. Acts 1990, ch. 982, § 1.