COLJI-Crim. 3-3:09.INT

If you find the defendant not guilty of second degree kidnapping,

you should disregard this instruction and sign the verdict form to indicate

your not guilty verdict.

If, however, you find the defendant guilty of second degree

kidnapping, and you answer “No” to the question of whether the person

kidnapped also was the victim of another specified crime, you should sign

the verdict form to indicate your finding of guilt, and answer the following

verdict question on the verdict form:

Was the kidnapping committed by the use or suggested use of a

deadly weapon? (Answer “Yes” or “No”)

The kidnapping was committed by the use or suggested use of a

deadly weapon only if:

1. the kidnapping was accomplished by the use of a deadly

weapon or any article used or fashioned in a manner to cause a

person to reasonably believe that the article was a deadly

weapon, or by the kidnapper representing verbally or

otherwise that he [she] was armed with a deadly weapon.

The prosecution has the burden to prove the numbered condition

beyond a reasonable doubt.

After considering all the evidence, if you decide the prosecution has

met this burden, you should mark “Yes” in the appropriate place, and have

the foreperson sign the designated line of the verdict form.

After considering all the evidence, if you decide the prosecution has

failed to meet this burden, you should mark “No” in the appropriate place,

and have the foreperson sign the designated line of the verdict form.