NC · jury_instructions
N.C.P.I.—Crim. 210.36
SECOND DEGREE KIDNAPPING (INVOLUNTARY SERVITUDE). FELONY.
NOTE WELL: Use this instruction only when there is no
evidence that the victim was not released in a safe
place, no evidence that the victim had been seriously
injured, and no evidence that the victim had been
sexually assaulted. Use N.C.P.I.-Crim. 210.26 when
there is such evidence.
The defendant has been charged with second degree kidnapping.
For you to find the defendant guilty of this offense, the State must
prove three 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.)
And Third, that the defendant did this for the purpose of holding
that person in involuntary servitude which is the unlawful holding of a
person against his will by coercion or intimidation for the performance of
labor.
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. 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.3
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.
History
N.C.P.I.—Crim. 210.36 (April 2002). N.C. Gen. Stat. §§ 14-39. Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
b1bc0f99d9278b2a681295f3a5d732cfcfe3262b8fd5193e456753507423fba8
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