Tennessee Code Annotated
Tenn. Code Ann. § 39-13-305 (2026)
Especially aggravated kidnapping
✓ current as of May 2026
- (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.
Amended by 2023 Tenn. Acts, ch. 155, s 1, eff. 7/1/2023.
Acts 1990, ch. 982, § 1.
Notes of Decisions
Cited in 268
cases (27 in the last 5 years), 1993–2026 · leading case: State v. Arnett, 49 S.W.3d 250 (Tenn. 2001).
State v. Arnett, 49 S.W.3d 250 (Tenn. 2001). “8 Based on our de novo review, we conclude that the significant weight accorded to each enhancement factor, the aggregate number of factors applicable to these felonies, and the minimum amount of weight given to the one mitigating factor, see Tenn.Code Ann. § 39-13-305(b)(2), 9…”
State v. Goodman, 90 S.W.3d 557 (Tenn. 2002). “unlawfully and knowingly remove and confine ATHENE BAUGHMAN, a person under thirteen (13) years of age, so as to interfere substantially with ATHENE BAUGHMAN’s liberty, in violation of TCA 39-13-305.” Therefore, the indictment charged especially aggravated kidnapping in…”
State v. Berry, 141 S.W.3d 549 (Tenn. 2004). “A kidnapping was "especially aggravated" under section 39-13-305 if accomplished with a deadly weapon or if the victim suffered serious bodily injury.”
In Re Audrey S., 182 S.W.3d 838 (Tenn. Ct. App. 2005). “[11] A person commits the crime of especially aggravated kidnaping 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(a) (2003), and the removal or confinement is "[a]ccomplished…”
State v. White, 362 S.W.3d 559 (Tenn. 2012). “Tenn.Code Ann. § 39-13-305(a) (2006). Although only the aggravating factor contained in subsection (3) is derived from the Model Penal Code, see MPC § 212.”
State v. Robinson, 146 S.W.3d 469 (Tenn. 2004). “See Tenn.Code Ann. § 39-13-305(a)(4). "Serious bodily injury" includes "extreme physical pain.”
State v. Reid, 164 S.W.3d 286 (Tenn. 2005). “Accordingly, we conclude that the evidence was sufficient to support the two convictions for first degree murder.”
State v. Davis, 141 S.W.3d 600 (Tenn. 2004). “See Tenn.Code Ann. § 39-13-305(a) (2003). Similarly, we conclude that the evidence, which demonstrated that Davis intentionally took property belonging to the victims by using a deadly weapon and by causing serious bodily injury, was sufficient to support Davis's convictions for…”
State of Tennessee v. Lemaricus Devall Davidson, 509 S.W.3d 156 (Tenn. 2016). “” Tenn. Code Ann. § 39-13-305 (a). False imprisonment is defined as the knowing removal or confinement of another unlawfully so as to interfere substantially with that person’s liberty.”
State of Tennessee v. John T. Freeland, Jr., 451 S.W.3d 791 (Tenn. 2014). “" Tenn. Code Ann. § 39-13-202 (a)(2). "Especially aggravated kidnapping is false imprisonment, as defined in § 39-13-302, [w]here the victim suffers serious bodily injury.”
State of Tennessee v. Jerome Maurice Teats, 468 S.W.3d 495 (Tenn. 2015). “Tenn. Code Ann. § 39-13-305 (a)-(b)(1) (1990).”
State of Tennessee v. Larry Jereller Alston, Kris Theotis Young, & Joshua Edward Webb, 465 S.W.3d 555 (Tenn. 2015). “Tenn. Code Ann. § 39-13-305 (a)-(b)(1) (1990).”
— Tenn. Code Ann. § 39-13-305(a) — 15 cases
State v. Reid, 164 S.W.3d 286 (Tenn. 2005). “Accordingly, we conclude that the evidence was sufficient to support the two convictions for first degree murder.”
State v. Davis, 141 S.W.3d 600 (Tenn. 2004). “See Tenn.Code Ann. § 39-13-305(a) (2003). Similarly, we conclude that the evidence, which demonstrated that Davis intentionally took property belonging to the victims by using a deadly weapon and by causing serious bodily injury, was sufficient to support Davis's convictions for…”
State v. White, 362 S.W.3d 559 (Tenn. 2012). “Tenn.Code Ann. § 39-13-305(a) (2006). Although only the aggravating factor contained in subsection (3) is derived from the Model Penal Code, see MPC § 212.”
State of Tennessee v. Jerome Maurice Teats, 468 S.W.3d 495 (Tenn. 2015). “Tenn. Code Ann. § 39-13-305 (a)-(b)(1) (1990).”
State of Tennessee v. Larry Jereller Alston, Kris Theotis Young, & Joshua Edward Webb, 465 S.W.3d 555 (Tenn. 2015). “Tenn. Code Ann. § 39-13-305 (a)-(b)(1) (1990).”
— Tenn. Code Ann. § 39-13-305(a)(1) — 59 cases
In Re Audrey S., 182 S.W.3d 838 (Tenn. Ct. App. 2005). “[11] A person commits the crime of especially aggravated kidnaping 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(a) (2003), and the removal or confinement is "[a]ccomplished…”
State v. Berry, 141 S.W.3d 549 (Tenn. 2004). “A kidnapping was "especially aggravated" under section 39-13-305 if accomplished with a deadly weapon or if the victim suffered serious bodily injury.”
State v. Zonge, 973 S.W.2d 250 (Tenn. Crim. App. 1997).
State v. Turner, 41 S.W.3d 663 (Tenn. Crim. App. 2000).
State of Tennessee v. Nemon Omar Winton (Tenn. Crim. App. 2020).
— Tenn. Code Ann. § 39-13-305(a)(2) — 11 cases
State v. Goodman, 90 S.W.3d 557 (Tenn. 2002). “unlawfully and knowingly remove and confine ATHENE BAUGHMAN, a person under thirteen (13) years of age, so as to interfere substantially with ATHENE BAUGHMAN’s liberty, in violation of TCA 39-13-305.” Therefore, the indictment charged especially aggravated kidnapping in…”
State of Tennessee v. Keith Goodman (Tenn. 2002).
State v. Cook, 250 S.W.3d 922 (Tenn. Crim. App. 2007).
State of Tennessee v. Herbert B. Ward (Tenn. Crim. App. 2014).
State of Tennessee v. Mark Brian Dobson a/k/a Mark B. Martin (Tenn. Crim. App. 2016).
— Tenn. Code Ann. § 39-13-305(a)(3) — 5 cases
State of Tennessee v. Jeffrey Booth (Tenn. Crim. App. 2010).
State of Tennessee v. Tracy Lynn Cope (Tenn. Crim. App. 2010).
State of Tennessee v. Leigh Katherine Littleton (Tenn. Crim. App. 2025).
State v. Hester (Tenn. Crim. App. 2000).
State of Tennessee v. Jeffery Yates (Tenn. Crim. App. 2005).
— Tenn. Code Ann. § 39-13-305(a)(4) — 13 cases
State v. Robinson, 146 S.W.3d 469 (Tenn. 2004). “See Tenn.Code Ann. § 39-13-305(a)(4). "Serious bodily injury" includes "extreme physical pain.”
State v. Trusty, 326 S.W.3d 582 (Tenn. Crim. App. 2010).
State of Tennessee v. Jay W. Edwards (Tenn. Crim. App. 2021).
State of Tennessee v. Stephano Lee Weilacker (Tenn. Crim. App. 2018).
State of Tennessee v. Merv Conley Rodgers (Tenn. Crim. App. 2026).
— Tenn. Code Ann. § 39-13-305(a)(l) — 7 cases
In Re Audrey S., 182 S.W.3d 838 (Tenn. Ct. App. 2005). “[11] A person commits the crime of especially aggravated kidnaping 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(a) (2003), and the removal or confinement is "[a]ccomplished…”
State v. Richardson, 251 S.W.3d 438 (Tenn. 2008).
State v. Berry, 141 S.W.3d 549 (Tenn. 2004). “A kidnapping was "especially aggravated" under section 39-13-305 if accomplished with a deadly weapon or if the victim suffered serious bodily injury.”
State v. Mickens, 123 S.W.3d 355 (Tenn. Crim. App. 2003).
State v. Zonge, 973 S.W.2d 250 (Tenn. Crim. App. 1997).
— Tenn. Code Ann. § 39-13-305(a)(l)(4) — 1 case
State v. Phillips, 76 S.W.3d 1 (Tenn. Crim. App. 2001).
— Tenn. Code Ann. § 39-13-305(b)(1) — 10 cases
State v. White, 362 S.W.3d 559 (Tenn. 2012). “Tenn.Code Ann. § 39-13-305(a) (2006). Although only the aggravating factor contained in subsection (3) is derived from the Model Penal Code, see MPC § 212.”
State v. Turner, 41 S.W.3d 663 (Tenn. Crim. App. 2000).
State of Tennessee v. Justin L. Kiser (Tenn. Crim. App. 2020).
State of Tennessee v. Marcus Terrell Church (Tenn. Crim. App. 2013).
State of Tennessee v. Willie Duncan (Tenn. Crim. App. 2014).
— Tenn. Code Ann. § 39-13-305(b)(2) — 23 cases
State v. Arnett, 49 S.W.3d 250 (Tenn. 2001). “8 Based on our de novo review, we conclude that the significant weight accorded to each enhancement factor, the aggregate number of factors applicable to these felonies, and the minimum amount of weight given to the one mitigating factor, see Tenn.Code Ann. § 39-13-305(b)(2), 9…”
State v. White, 362 S.W.3d 559 (Tenn. 2012). “Tenn.Code Ann. § 39-13-305(a) (2006). Although only the aggravating factor contained in subsection (3) is derived from the Model Penal Code, see MPC § 212.”
State v. Carter, 908 S.W.2d 410 (Tenn. Crim. App. 1995).
State of Tennessee v. Justin L. Kiser (Tenn. Crim. App. 2020).
State of Tennessee v. Genore Dancy (Tenn. Crim. App. 2003).
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