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

Approved 3/30/82

CRIMINAL RESTRAINT1

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

The defendant ____________________, is charged with the crime of criminal restraint,

in that he/she allegedly ____________________ (Read Indictment).

He/She is accused of violation of our law, particularly 2C:13-2b. That section reads in

pertinent part as follows:

A person is guilty of the crime of criminal restraint if he knowingly

holds another in a condition of involuntary servitude.

In order for you to find the defendant ____________________, guilty of this offense, the

State must prove the essential elements of the offense beyond a reasonable doubt; they are:

1. That the defendant, ____________________ knowingly held

____________________.

2. That the holding of ____________________, was in a condition of

involuntary servitude.

A person acts knowingly with re spect to the nature of his/he r conduct or the attendant is

of that nature, or that such circumstances exist, or the person is aware of a high probability of

their existence. A person acts knowingly with resp ect to a result of his/he r conduct 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.2

I have used the term involuntary servitude. Involuntary servitude is a condition of one

who is compelled by force, coercion, or imprisonm ent, and against his/her will, to labor for

another. The question of whether he/she is paid or not may be a factor.3

The creation by defendant ____________________, of circumstances resulting in a belief

by ____________________, that he/she must remain in a particular location, means holding in a

condition of involuntary servitude.

If after consideration of all of the evidence you are conv inced beyond a reasonable doubt

that the defendant ____________________ know ingly held ____________________, and that

said holding of ____________________, was in a condition of involuntary servitude, then your

verdict should be guilty.

If after a consideration of all of the evid ence you find that the state has failed to prove

any element of the offense beyond a reasonable doubt, then your verdict must be not guilty.

1 NOTE: If affirmative defense is applicable, see N.J.S.A. 2C:1-13b(1) and 2C:13-2.

2 See 2C:2-2.

3 Black's Law Dictionary (4th Edition, rev.) p. 961.