ICJI 1231A

ICJI 1231A FIRST DEGREE KIDNAPPING

In order for the defendant to be guilty of Kidnapping, the state must prove each of the following:

1. On or about [date]

2. in the state of Idaho

[[3. the defendant [name] [seized] [confined] [inveigled] [or] [kidnapped] [name of victim]

4. with the intent to cause [him] [her], without authority of law, [to be secretly [confined] [or] [imprisoned] within this state] [or] [to be sent out of this state] [or] [to be in any way [held to service] [or] [kept] [or] [detained] against [his] [her] will].]

[or]

[3. the defendant [name] [led] [took] [enticed away] [or] [detained] [name of victim]

4. a child under the age of 16 years

5. with the intent [to keep or conceal [the child] from [his] [her] [custodial parent] [guardian] [or] [a person having lawful care or control of the child]] [or] [to steal any article upon the person of the child].]

[or]

[3. the defendant [name] [abducted] [enticed] [or] [by force or fraud unlawfully took or carried away] [name of victim]

4. at or from a place outside the state of Idaho

5. and afterwards [sent] [brought] [had] [or] [kept] [him] [her] [or] [caused [him] [her] to be kept or secreted within the state of Idaho.]

[or]

[3. the defendant [name] [seized] [confined] [inveigled] [led] [took] [enticed away] [or] [kidnapped] [name of victim]

4. against [his] [her] will

5. with the intent to [extort [money] [property] [or] [any thing of value]] [or] [obtain [money] [property] [reward] [or] [any thing of value]] for [his] [her] return or disposition.]],

and

6. [such kidnapping was committed for the purpose of obtaining money, property or any other thing of value for the return or disposition of the person who was kidnapped]

[or]

[such kidnapping was committed for the purpose of [raping] [committing the infamous crime against nature] [or] [committing serious bodily injury] upon the person kidnapped]

[or]

[committed for the purpose of committing any lewd and lascivious act upon any child under the age of 16 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of any person].

If any of the above has not been proved beyond a reasonable doubt, you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, then you must find the defendant guilty.

Comment

I.C. � 18-4502.

See Schad v. Arizona, 501 U.S. 624, 111 S.Ct. 2491, 115 L.Ed.2d 555 (1991). In that case, the defendant was found guilty of first degree murder, committed either as a premeditated homicide or as a homicide during the commission of a felony (robbery). The Court held that the jury need not agree on a single theory of guilt in order to convict the defendant.