Okay so IANAL so my interpretation may be completely wrong but I'm gonna take a stab at this issue.
So Tennessee
defines kidnapping as "
false imprisonment as defined in § 39-13-302, under circumstances exposing the other person to substantial risk of bodily injury."
False imprisonment is defined as "A person commits the offense of false imprisonment who knowingly removes or confines another
unlawfully so as to interfere substantially with the other's liberty."
The keyword here being unlawfully because in
their definitions, they state:
"
"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 (13) 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."
So basically what this is saying (if I understand correctly) is that him taking her away would only be "unlawful" if she can agree that he did force, threaten or defraud her in some way. If she was under 13 then it would apply regardless of how it was done.
The prosecution probably has their work cut out for them but I have a feeling there's probably enough evidence to show a threat, force and/or fraud even if ET doesn't believe that occured. Also, there's a chance she will come to terms with what happened and see what he did to manipulate her by the time this goes to trial.