Del. P.J.I. Crim. No. 11.783A(1)

KIDNAPPING IN THE FIRST DEGREE

In order to find Defendant guilty of Kidnapping in the First Degree, you

must find the State has proved the following four (4) elements beyond a

reasonable doubt:

(1) Defendant restrained a person;

(2) Defendant restrained the person for ransom or reward;

(3) Defendant acted unlawfully; and

(4) Defendant did not voluntarily release 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.