N.C.P.I.—Crim. 210.40

The defendant has been charged with felonious restraint, which is

the unlawful restraint of another person without [that person's consent]

[the consent of that person's [parent] [legal custodian] if the person has

not reached the person’s sixteenth birthday],1 and the movement of that

person from the place of the initial restraint by transporting that person

in a motor vehicle or other conveyance.

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

prove three things beyond a reasonable doubt:

First, that the defendant intentionally2 and unlawfully3 restrained a

person.

Second, that [the defendant did so without that person's consent]

[the person had not reached the person’s sixteenth birthday and the

defendant did so without the consent of the person’s [parent] [legal

custodian]].4

And Third, that the defendant moved the person from the place of

initial restraint by transporting the person in [a motor vehicle] [(name

other conveyance)].

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

about the alleged date, the defendant unlawfully restrained a person, and

[that the person did not consent to such restraint] [the person had not

reached the person’s sixteenth birthday and the person's [parent] [legal

custodian] did not consent to such restraint] and that the defendant

moved that person from the place of initial restraint by transporting the

person in [a motor vehicle] [(name other conveyance)], it would be your

duty to return a verdict of guilty. 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.

NOTE WELL: If the defendant contests the fact of

transportation, give N.C.P.I.-Crim. 210.15, False

Imprisonment, as a lesser included offense instruction.

If the defendant contends that he acted lawfully, give

appropriate instructions after the second element and

in the mandate. See N.C.P.I.-Crim. 210.15 for

examples.