N.J. Model Criminal Jury Charge, N.J.S.A. 2C:13-2a

Revised 6/19/00

CRIMINAL RESTRAINT

(N.J.S.A. 2C:13-2a)

The defendant is charged in the indictment with the crime of criminal restraint.

The statute upon which the charge is base d reads in pertinent part as follows:

A person is guilty of criminal restraint if he knowingly . . .

(a) Restrains another unlawfully in circumstances

exposing the other to risk of serious bodily

injury . . .

In order for you to find the defendant guilty of this offense, the State must prove the

following elements of this offense beyond a reasonable doubt:

1. That the defendant knowingly restrained [name of victim]

;

2. That the defendant knew the restraint was unlawful; and

3. That the restraint was under circumst ances in which the defendant knowingly

exposed [name of victim]

to the risk of serious bodily injury.

The first element that the State must prove beyond a reasonable doubt is that the

defendant knowingly restrained [name of victim] . The word “restraint” means confinement,

abridgement or limitation. Restraint involves hindrance, confinement or restriction of liberty.1

The second element that the State must prove beyond a reasonable doubt is that the

defendant knew that the restraint was unlawful.

[If the person restrained is over the age of 14 and not

incompetent, use the following definition]:

The term “unlawful” means to accomplish the restraint by force, threat or deception.2

[If the person restrained is under the age of 14 or incompetent,

use the following definition]:

The term “unlawful” means to accomplish the restraint without the c onsent of the parent,

guardian or other person responsible for the general supervision of (his/her) welfare.3

The third element that the State must prove beyond a reasonable doubt is that the restraint

was under circumstances in which the defendant knowingly exposed [name of victim] to a

1 Black's Law Dictionary (4th Edition, rev.) p. 1477.

2 See N.J.S.A. 2C:13-1d.

3 See N.J.S.A. 2C:13-1d.

CRIMINAL RESTRAINT

(N.J.S.A. 2C:13-2a)

risk of serious bodily injury. The term “serious bodily injury” means bodily injury which creates

a substantial risk of death or which causes seriou s permanent disfigurement or protracted loss or

impairment of the functions of any bodily member or organ.4

With regard to all three of these elements, the State must prove beyond a reasonable

doubt that the defendant acted knowingly. A person ac ts knowingly with respect to the nature of

his/her conduct or the attendant circumstances if he/she is aware th at his/her conduct is of that

nature, or that such circumstances exist, or he/she is aware of a high probability of their

existence. A person acts knowingly with respect to a result of his/her conduc t if he/she is aware

that it is practically certain that his/her conduct will cause such a result. "Knowing," "with

knowledge" or equivalent terms have the same meaning.

Knowledge is a condition of the mind which cannot be seen and can only be determined

by inferences from the defendant’s conduct, words or acts. A state of mind is rarely susceptible

of direct proof, but must ordina rily be inferred from the facts. Therefore, it is not necessary that

the State produce witnesses to testify that an accu sed said he/she had a certain state of mind

when he/she engaged in a particul ar act. It is within your power to find that such proof has been

furnished beyond a reasonable doubt by inference which may arise fr om the nature of his/her

acts and his/her conduct, and from all he/she said and did at the particular time and place, and

from all of the surrounding circ umstances reflected in the testimony [and evidence adduced at

trial].

If after a consideration of all of the ev idence you are convinced beyond a reasonable

doubt that the State has proven all three elemen ts of the offense, then you must find the

defendant guilty.

If you find that the State has failed to prove any of the elements of the offense beyond a

reasonable doubt, then you must find the defendant not guilty.

4 Definition is from N.J.S.A. 2C:11-1(b).