N.C.P.I.—Crim. 210.25

NOTE WELL:

(1) Use this instruction when the indictment alleges

that a purpose of kidnapping was to facilitate a felony

or inflict serious bodily harm.1 Use N.C.P.I.—Crim.

210.20 when the indictment does not so allege.

(2) Use this instruction

when there is evidence that the victim was not

released in a safe place, or was seriously injured, or

was sexually assaulted. When there is no evidence of

any of these three things, use N.C.P.I.—Crim. 210.35.

The defendant has been charged with first degree kidnapping.

For you to find the defendant guilty of this offense, the State must

prove five things beyond a reasonable doubt:

First, that the defendant unlawfully2

1. [confined a person, that is, imprisoned [him] [her]

within a given area.]

2. [restrained a person, that is restricted [his] [her]

freedom of movement.]

3. [removed a person from one place to another.]3

Second, that [the person did not consent] [the person had not

reached [his] [her] sixteenth birthday and [his] [her] [parent] [guardian]

did not consent] to this [confinement] [restraint] [removal].4 (Consent

(obtained) (induced) by (fraud) (fear) is not consent.)

Third, that the defendant [confined] [restrained] [removed] that

person for the purpose of

1. [facilitating [defendant’s] [another person's]

[commission of] [flight after committing] (name and

define felony).]

2. [doing serious bodily harm5 to that person.]

Fourth, that this [confinement] [restraint] [removal] was a

separate, complete act, independent of and apart from the [(name

felony)] [injury].

And Fifth, that the person [was not released by the defendant in a

safe place]6 [had been sexually assaulted]7 [had been seriously injured].

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant unlawfully

1. [confined a person]

2. [restrained a person]

3. [removed a person from one place to another]

and that the person [did not consent] [had not reached his sixteenth

birthday and his [parent] [guardian] did not consent] to this

[confinement] [restraint] [removal]] and that this was done for the

purpose of

1. [facilitating [the defendant's] [another person's]

[commission of] [flight after committing] (name felony)]

2. [doing serious bodily harm to the person [confined]

[restrained] [removed].

and that this [confinement] [restraint] [removal] was a separate,

complete act, independent of and apart from the [(name felony)] [injury],

and that the person [confined] [restrained] [removed] [was not released

by the defendant in a safe place] [had been sexually assaulted] [had

been seriously injured], it would be your duty to return a verdict of guilty

of first degree kidnapping. If you do not so find or have a reasonable

doubt as to one or more of these things, you would not return a verdict of

guilty of first degree kidnapping.8

If you do not find the defendant guilty of first degree kidnapping,

you must determine whether defendant is guilty of second degree

kidnapping. Second degree kidnapping differs from first degree kidnapping

only in that it is unnecessary for the State to prove that the person [was

not released by the defendant in a safe place] [had been sexually

assaulted] [had been seriously injured].

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant unlawfully

1. [confined a person]

2. [restrained a person]

3. [removed a person from one place to another]

and that the person [did not consent] [had not reached [his] [her]

sixteenth birthday and his [parent] [guardian] did not consent] to this

[confinement] [restraint] [removal] and that this was done for the

purpose of

1. [facilitating [the defendant's] [another person's]

[commission of] [flight after committing] (name

felony)]

2. [doing serious bodily harm to the person]

and that this [confinement] [restraint] [removal] was a separate,

complete act, independent of and apart from the intended [(name

felony)] [injury],9 it would be your duty to return a verdict of guilty of

second degree kidnapping. If you do not so find or have a reasonable

doubt as to one or more of these things, it would be your duty to return a

verdict of not guilty.10

NOTE WELL: When there is evidence of restraint which

may have been without any of the purposes required to

constitute kidnapping, give N.C.P.I.—Crim. 210.40,

Felonious Restraint, and/or N.C.P.I.—Crim. 210.15,

False Imprisonment, as a lesser included offense

instruction.