Tennessee man arrested for wearing a gorilla mask to a BLM event, carrying a rope and bananas

[pintobean]

14. Here's the law he's accused of violating.

At first, I thought they just used the charge to get his stupid, racist ass out of there, but it looks like a legit charge.

T.P.I. -- CRIM. 30.02

CIVIL RIGHTS INTIMIDATION

Any person who commits the offense of intimidating others from exercising their civil rights is guilty of a crime.

For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:1

[Part A:

(1) that the defendant injured or threatened to injure or coerced another

person;

and

(2) that the defendant did so with the intent to unlawfully intimidate

another from the free exercise or enjoyment of ________________,2

a right or privilege secured by the constitution or laws of the state of

Tennessee.]

or

[Part B:

(1) that the defendant injured or threatened to injure or coerced another

person;

and

(2) that the defendant did so with the intent to unlawfully intimidate

another because that other person had exercised _____________,3

a right or privilege secured by the constitution or laws of the United

States or the constitution or laws of the state of Tennessee.]

or

[Part C:

(1) that the defendant damaged, destroyed or defaced any real or

personal property of another person;

and

(2) that the defendant did so with the intent to unlawfully intimidate

another from the exercise or enjoyment of ___________________,4

a right or privilege secured by the constitution or laws of the state of

Tennessee.]

or

[Part D:

(1) that the defendant damaged, destroyed or defaced any real or

personal property of another person;

and

(2) that the defendant did so with the intent to unlawfully intimidate

another because that other person exercised __________________,5

a right or privilege secured by the constitution or laws of the United

States or the constitution or laws of the state of Tennessee.]

"Intent" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.6

"Coercion" means a threat, however communicated, to:

(A) commit any offense; or

(B) wrongfully accuse any person of any offense; or

(C) expose any person to hatred, contempt or ridicule; or

(D) harm the credit or business repute of any person; or

(E) take or withhold action as a public servant or cause a public servant

to take or withhold action.7

"Intimidate" means to make timid, make afraid, overawe; to force or deter with threats or violence.8 "Intimidation" means unlawful coercion, duress; putting in fear.9

"Property" means anything of value, including but not limited to [money] [real estate] [tangible or intangible personal property (including anything severed from land)] [library material] [contract rights] [chose-in-action] [interest in or claim to wealth] [credit] [admission or transportation tickets] [captured or domestic animals] [food and drink] [electric or other power].10

FOOTNOTES

1. Tenn. Code Ann. § 39-17-309(b).

2. The trial judge should state the right(s) or privilege(s) alleged in the

indictment or fairly raised by the proof.

3. Id.

4. Id.

5. Id.

6. Tenn. Code Ann. § 39-11-106(a)(18).

7. Tenn. Code Ann. § 39-11-106(a)(3).

8. Webster's New World Dictionary (2nd College Ed.).

9. Black's Law Dictionary (5th Ed. 1979).

10. Tenn. Code Ann. § 39-11-106(a)(28).

COMMENTS

1. Civil rights intimidation is a Class D felony. Tenn. Code Ann. § 39-17-309(d).

2. It is a Class A misdemeanor for a person to wear a mask or disguise with the intent to violate Tenn. Code Ann. § 39-17-309(b).

3. A definition of real or personal property may be necessary depending on the circumstances.

http://www.tncrimlaw.com/TPI_Crim/30_02.htm