DE · jury_instructions
Del. P.J.I. Crim. No. 11.783A(4)
Kidnapping in the First Degree
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 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 to inflict physical injury, sexually
violate, or abuse the person;
(4) Defendant acted unlawfully; and
(5) 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.
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.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- crim-2022-03-14
- Content hash
333afd2f5935f146e9a652b02f768d50ec1cc18b602c5840e70cb49d59d6ec12
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