Del. P.J.I. Crim. No. 11.783(6)

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, who was less than eighteen (18) years of

age at the time of the charged offense;

(2) Defendant restrained the person for the purpose of removal of a child

from custody of its parent, guardian, or lawful custodian;

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

removal of a child from custody of the parent, guardian, or lawful custodian;

(4) Defendant acted unlawfully; and

(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" when it involves

significantly more interference with the person’s liberty than what is normally

incidental to removal of a child from custody.

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.