Instruction 6.575, Criminal Model Jury Instructions for Use in the District Court

KIDNAPPING BY TRICKERY OR DECEIT (INVEIGLE)

G.L. c. 265, § 26 (third clause)

The defendant is charged with kidnapping by trickery or deceit.

To prove that the defendant is guilty of this charge, the

Commonwealth must prove two things beyond a reasonable doubt:

First: That the defendant used a trick or deceit to seize or

confine [alleged victim] ;

Second: That the defendant intended by such trick or deceit to

secretly confine or imprison [alleged victim] (in this commonwealth

against their will) (to be sent out of this commonwealth against their

will) (in any way held to service against their will).

To prove the first element, the Commonwealth must prove that

the defendant used a trick or deceit. Deceit is when one causes

someone to accept as true or valid what is in fact untrue or invalid. A

trick, on the other hand, need not be untrue.

To prove the second element, the Commonwealth must prove

that the defendant used a trick or deceit with the intent that [alleged victim

be confined or imprisoned (held to service) against their will. This

requires you to make a decision about the defendant’s state of mind

at that time. You should consider all the evidence, and any

reasonable inferences you draw from the evidence, in determining

whether the defendant acted with the intent to confine or imprison

(hold to service) [alleged victim] against their will.

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).