N.C.P.I.—Crim. 210.26

NOTE WELL: 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 those

three things, use N.C.P.I.-Crim. 210.36.

The defendant has been charged with first degree kidnapping.

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

prove four things beyond a reasonable doubt:

First, that the defendant unlawfully1

a. [confined a person, that is, imprisoned him within a given area.]

b. [restrained a person, that is restricted his freedom of

movement.]

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

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

reached his sixteenth birthday and his [parent] [guardian] did not

consent] to this [confinement] [restraint] [removal].2 (Consent obtained

or induced by fraud or fear is not consent.)

Third, that the defendant did this for the purpose of holding the

person in involuntary servitude, which is the unlawful holding of a person

against his will by coercion or intimidation for the performance of labor.

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

a safe place]3 [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

a. [confined a person]

b. [restrained a person]

c. [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 for the purpose of

holding that person in involuntary servitude, and that the person [was

not released 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, you must determine whether the defendant is

guilty of second degree kidnapping.4

Second degree kidnapping differs from first degree kidnapping in

that it is unnecessary for the State to prove that the person [confined]

[restrained] [removed] [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

a. [confined a person]

b. [restrained a person]

c. [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 for the purpose of

holding that person in involuntary servitude, 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 any of these things, it would be

your duty to return a verdict of not guilty.5

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.