DE · jury_instructions
Del. P.J.I. Crim. No. 11.783(1)
Kidnapping in the Second Degree
KIDNAPPING IN THE SECOND DEGREE
In order to find Defendant guilty of Kidnapping in the Second Degree, you
must find the State has proved the following three (3) elements beyond a
reasonable doubt:
(1) Defendant restrained a person for ransom or reward;
(2) Defendant acted unlawfully; and
(3) Defendant voluntarily released the person alive, unharmed and in a safe
place prior to trial.
“Unlawfully” means contrary to law or not permitted by law.
"Restrain" means Defendant intentionally restricted the person’s
movements, or substantially interfered with the person’s liberty by moving the
person from one place to another, or by confining the person in a place, without
the person’s consent. The person was moved or confined "without consent" if the
movement or confinement was accomplished by physical force, intimidation or
deception. In addition to its ordinary meaning, "harm" to a kidnap victim means
rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual
contact, even if not accompanied by physical violence.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
7e1aad19879ec053a6bb062d3bb661d5fd8b62dc490d4f5bb80887ab23331789
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