Del. P.J.I. Crim. No. 11.783(5)

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 five (5) elements beyond a reasonable

doubt:

(1) Defendant restrained a person;

(2) Restraint of the person was independent of and not incidental to another

crime;

(3) Defendant restrained the person for the purpose of terrorizing them or a

third person;

(4) Defendant acted unlawfully;

(5) 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. Restraint is "independent of and not incidental to" another crime

when it involves significantly more interference with the person’s liberty than

what is normally incidental to the other crime.

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.