Instruction 6.570, Criminal Model Jury Instructions for Use in the District Court

KIDNAPPING

G.L. c. 265, § 26 (clauses 1 and 2)

The defendant is charged with kidnapping. To prove that the

defendant is guilty of this charge, the Commonwealth must prove

three things beyond a reasonable doubt:

First: That the defendant (forcibly confined or imprisoned)

(secretly confined or imprisoned) [alleged victim] within the

Commonwealth of Massachusetts;

Second: That the defendant did so against [alleged victim’s] will;

and

Third: That the defendant was without lawful authority to do so.

To prove the first element, the Commonwealth must prove that

the defendant (forcibly confined or imprisoned) (secretly confined or

imprisoned) [alleged victim] within the Commonwealth of

Massachusetts. One acts “forcibly” toward another when one

compels or constrains them to do something against their will. There

need not be actual physical force used. It is sufficient if the person is

subdued by a display of potential or threatened force.

Something is done “secretly” if it is done without the knowledge

of anyone other than the defendant (and those assisting the

defendant).

A person is “confined” if kept within bounds or limits, shut or

kept in, or restricted in movement.

A person is “imprisoned” if detained in custody or if their liberty

is restrained.

To prove the second element, the Commonwealth must prove

that the defendant (forcibly confined or imprisoned) (secretly

confined or imprisoned) [alleged victim] against their will. The force

used may be actual or threatened. A thing is done “against a

person’s will” if that person did not freely consent or agree to it. (If a

person agrees because of fear, it is without consent.)

To prove the third element, the Commonwealth must prove that

the defendant was without lawful authority (forcibly confined or

imprisoned) (secretly confined or imprisoned) the person against

their will. An act is taken without lawful authority if it is not

authorized or otherwise allowed by law.

If the Commonwealth proved all the elements beyond a

reasonable doubt, you should return a verdict of guilty. If the

Commonwealth failed to prove any element beyond a reasonable

doubt, you must find the defendant not guilty.

SUPPLEMENTAL INSTRUCTION

If alleged victim is a minor. Because [alleged victim] is a

minor, they could not consent to being confined or

imprisoned.

Commonwealth v. Colon, 431 Mass. 188, 189 (2000).