Vermont Model Criminal Jury Instructions CR25-041

The State has charged (Def)_______________ with kidnapping, as follows:

[Read the charge.]

Every crime is made up of essential elements. Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt. In this case, the essential elements are that on the date and at the place alleged,

(1) (Def)_______________;

(2) knowingly restrained (victim)_______________, by (specific acts)_______________; and

(3) (Def)_______________ intended to use (victim)_______________ as a [shield] [hostage].

The first essential element is that (Def)_______________ is the person who committed the alleged acts.

The second essential element is that (Def)_______________ knowingly restrained (victim)_______________.

The State must have proven that (Def)_______________ acted knowingly, and not inadvertently, or because of mistake, or by accident. You may find that (Def)_______________ acted knowingly if [he] [she] was aware that [his] [her] conduct would cause, or was practically certain to cause, (victim)_______________ to be restrained.

To restrain means to restrict substantially the movement of another person without the person’s agreement or consent, and without other lawful authority, [by removing the restrained person from the person’s residence or place of business, or from a hospital or school] [by moving the restrained person a substantial distance from the place where the restriction on the person’s movement commenced. What you may find as a “substantial distance” depends on the circumstances.] [by confining the restrained person for a substantial period either in the place where the restriction commences or in a place to which the person has been moved. What you may find as a “substantial period” depends on the circumstances. The term “substantial” in this definition is measured by the quality and nature of the restraint rather than just the duration.]

A restraint is without consent [if it is accomplished by force, threat, or deception] [if it is by agreement or acquiescence of the restrained person, if the restrained person is under 16 years of age, and the restrained person’s lawful custodian has not agreed to or acquiesced in the movement or confinement. Acquiescence means that a person tacitly agrees to something, by not objecting to it when given an opportunity to do so.]

[Force means power, compulsion, or strength directed at another, to accomplish a goal. A threat is a statement that the speaker intends to harm or injure someone else, by means of some unlawful act. Deception is intentionally misleading someone by a false statement; the statement may be communicated by words or by deeds.]

Here the State alleges that (Def)_______________ knowingly restrained (victim)_______________ by (specific acts)____________________.

The last essential element is that (Def)_______________ intended to use (victim)_______________ as a [shield] [hostage]. [He] [She] must have acted on purpose and with the conscious goal of using (victim)_______________ as a [shield] [hostage]. [He] [She] also must have acted voluntarily, and not inadvertently, or because of mistake, or by accident. [A shield is using another person to protect one’s self.] [A hostage is an innocent person held captive, under a threat that the person will be harmed or killed if certain demands are not met.]

The intent with which a person does an act may be shown by the way in which he or she expresses it to others, or by his or her conduct. In determining (Def)_______________’s intent, you should consider all of the surrounding facts and circumstances established by the evidence.

All of the elements of the offense must have been present at the same time. If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty. However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.