Tuesday, July 17, 2018

2C:13-3. False imprisonment



2C:13-3. False imprisonment

A person commits a disorderly persons offense if he knowingly restrains another unlawfully so as to interfere substantially with his liberty. In any prosecution under this section, it is an affirmative defense that the person restrained was a child less than 18 years old and that the actor was a relative or legal guardian of such child and that his sole purpose was to assume control of such child.
L.1978, c. 95, s. 2C:13-3, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 24, eff. Sept. 1, 1979.

NJ Evidence Rule 501. Spousal privilege

NJ Evidence Rule 501. Spousal privilege
 N.J.S.A. 2A:84A-17provides:
 (1) Every person has in any criminal action in which he is an accused a right not to be called as a witness and not to testify.

      (2) The spouse or one partner in a civil union couple of the accused in a criminal action shall not testify in such action except to prove the fact of marriage or civil union unless (a) such spouse or partner consents, or (b) the accused is charged with an offense against the spouse or partner, a child of the accused or of the spouse or partner, or a child to whom the accused or the spouse or partner stands in the place of a parent, or (c) such spouse or partner is the complainant.

       

Monday, July 16, 2018

2C:13-2B-Crim Restraint



2C:13-2B-Crim Restraint

Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. The following is the law in New Jersey on Criminal restraint 2C:13-2
Criminal restraint 2C:13-2. A person commits a crime of the third degree if he knowingly:
a. Restrains another unlawfully in circumstances exposing the other to risk of serious bodily injury; or
b. Holds another in a condition of involuntary servitude.
The creation by the actor of circumstances resulting in a belief by another that he must remain in a particular location shall for purposes of this section be deemed to be a holding in a condition of involuntary servitude.
In any prosecution under subsection b., it is an affirmative defense that the person held was a child less than 18 years old and the actor was a relative or legal guardian of such child and his sole purpose was to assume control of such child.
L.1978, c. 95, s. 2C:13-2, eff. Sept. 1, 1979.
2C:13-3. False imprisonment A person commits a disorderly persons offense if he knowingly restrains another unlawfully so as to interfere substantially with his liberty. In any prosecution under this section, it is an affirmative defense that the person restrained was a child less than 18 years old and that the actor was a relative or legal guardian of such child and that his sole purpose was to assume control of such child.
L.1978, c. 95, s. 2C:13-3, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 24, eff. Sept. 1, 1979.
2C:13-4 Interference with custody.
2C:13-4. Interference with custody. a. Custody of children. A person, including a parent, guardian or other lawful custodian, is guilty of interference with custody if he:
(1)Takes or detains a minor child with the purpose of concealing the minor child and thereby depriving the child's other parent of custody or parenting time with the minor child; or
(2)After being served with process or having actual knowledge of an action affecting marriage or custody but prior to the issuance of a temporary or final order determining custody and parenting time rights to a minor child, takes, detains, entices or conceals the child within or outside the State for the purpose of depriving the child's other parent of custody or parenting time, or to evade the jurisdiction of the courts of this State;
(3)After being served with process or having actual knowledge of an action affecting the protective services needs of a child pursuant to Title 9 of the Revised Statutes in an action affecting custody, but prior to the issuance of a temporary or final order determining custody rights of a minor child, takes, detains, entices or conceals the child within or outside the State for the purpose of evading the jurisdiction of the courts of this State; or
(4)After the issuance of a temporary or final order specifying custody, joint custody rights or parenting time, takes, detains, entices or conceals a minor child from the other parent in violation of the custody or parenting time order.
Interference with custody is a crime of the second degree if the child is taken, detained, enticed or concealed: (i) outside the United States or (ii) for more than 24 hours Otherwise, interference with custody is a crime of the third degree but the presumption of non-imprisonment set forth in subsection e. of N.J.S. 2C:44-1 for a first offense of a crime of the third degree shall not apply.
b. Custody of committed persons. A person is guilty of a crime of the fourth degree if he knowingly takes or entices any committed person away from lawful custody when he is not privileged to do so. Committed person means, in addition to anyone committed under judicial warrant, any orphan, neglected or delinquent child, mentally defective or insane person, or other dependent or incompetent person entrusted to another's custody by or through a recognized social agency or otherwise by authority of law.
c. It is an affirmative defense to a prosecution under subsection a. of this section, which must be proved by clear and convincing evidence, that:
(1)The actor reasonably believed that the action was necessary to preserve the child from imminent danger to his welfare. However, no defense shall be available pursuant to this subsection if the actor does not, as soon as reasonably practicable but in no event more than 24 hours after taking a child under his protection, give notice of the child's location to the police department of the municipality where the child resided, the office of the county prosecutor in the county where the child resided, or the Division of Youth and Family Services in the Department of Human Services;
(2)The actor reasonably believed that the taking or detaining of the minor child was consented to by the other parent, or by an authorized State agency; or
(3)The child, being at the time of the taking or concealment not less than 14 years old, was taken away at his own volition and without purpose to commit a criminal offense with or against the child.
d. It is an affirmative defense to a prosecution under subsection a. of this section that a parent having the right of custody reasonably believed he was fleeing from imminent physical danger from the other parent, provided that the parent having custody, as soon as reasonably practicable:
(1)Gives notice of the child's location to the police department of the municipality where the child resided, the office of the county prosecutor in the county where the child resided, or the Division of Youth and Family Services in the Department of Human Services.
Consequences of a Criminal Guilty Plea
1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s)
2. Do you understand that if you plead guilty:
a. You will have a criminal record
b. You may go to Jail or Prison.
c. You will have to pay Fines and Court Costs.
3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail.
4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.
5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.
6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.
7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.
8. You must wait 5-10 years to expunge a first offense. 2C:52-3
9. You could be put on Probation.
10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your driver's license for 6 months - 2years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30.
11. You may be required to do Community Service.
12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.
13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction.
14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.
15. You lose the presumption against incarceration in future cases. 2C:44-1
16. You may lose your right to vote.
The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense.
Jail for Crimes and Disorderly Conduct:
If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms.
NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;
(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;
(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;
(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.
2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:
a. (1) $200,000.00 when the conviction is of a crime of the first degree;
(2) $150,000.00 when the conviction is of a crime of the second degree;
b. (1) $15,000.00 when the conviction is of a crime of the third degree;
(2) $10,000.00 when the conviction is of a crime of the fourth degree;
c. $1,000.00, when the conviction is of a disorderly persons offense;
d. $500.00, when the conviction is of a petty disorderly persons offense;
If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500

2C:13-2A Criminal Restraint-Risk of SBI

2C:13-2A Criminal Restraint-Risk of SBI


Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. The following is the law in New Jersey on Criminal restraint 2C:13-2
Criminal restraint 2C:13-2. A person commits a crime of the third degree if he knowingly:
a. Restrains another unlawfully in circumstances exposing the other to risk of serious bodily injury; or
b. Holds another in a condition of involuntary servitude.
The creation by the actor of circumstances resulting in a belief by another that he must remain in a particular location shall for purposes of this section be deemed to be a holding in a condition of involuntary servitude.
In any prosecution under subsection b., it is an affirmative defense that the person held was a child less than 18 years old and the actor was a relative or legal guardian of such child and his sole purpose was to assume control of such child.
L.1978, c. 95, s. 2C:13-2, eff. Sept. 1, 1979.
2C:13-3. False imprisonment A person commits a disorderly persons offense if he knowingly restrains another unlawfully so as to interfere substantially with his liberty. In any prosecution under this section, it is an affirmative defense that the person restrained was a child less than 18 years old and that the actor was a relative or legal guardian of such child and that his sole purpose was to assume control of such child.
L.1978, c. 95, s. 2C:13-3, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 24, eff. Sept. 1, 1979.
2C:13-4 Interference with custody.
2C:13-4. Interference with custody. a. Custody of children. A person, including a parent, guardian or other lawful custodian, is guilty of interference with custody if he:
(1)Takes or detains a minor child with the purpose of concealing the minor child and thereby depriving the child's other parent of custody or parenting time with the minor child; or
(2)After being served with process or having actual knowledge of an action affecting marriage or custody but prior to the issuance of a temporary or final order determining custody and parenting time rights to a minor child, takes, detains, entices or conceals the child within or outside the State for the purpose of depriving the child's other parent of custody or parenting time, or to evade the jurisdiction of the courts of this State;
(3)After being served with process or having actual knowledge of an action affecting the protective services needs of a child pursuant to Title 9 of the Revised Statutes in an action affecting custody, but prior to the issuance of a temporary or final order determining custody rights of a minor child, takes, detains, entices or conceals the child within or outside the State for the purpose of evading the jurisdiction of the courts of this State; or
(4)After the issuance of a temporary or final order specifying custody, joint custody rights or parenting time, takes, detains, entices or conceals a minor child from the other parent in violation of the custody or parenting time order.
Interference with custody is a crime of the second degree if the child is taken, detained, enticed or concealed: (i) outside the United States or (ii) for more than 24 hours Otherwise, interference with custody is a crime of the third degree but the presumption of non-imprisonment set forth in subsection e. of N.J.S. 2C:44-1 for a first offense of a crime of the third degree shall not apply.
b. Custody of committed persons. A person is guilty of a crime of the fourth degree if he knowingly takes or entices any committed person away from lawful custody when he is not privileged to do so. Committed person means, in addition to anyone committed under judicial warrant, any orphan, neglected or delinquent child, mentally defective or insane person, or other dependent or incompetent person entrusted to another's custody by or through a recognized social agency or otherwise by authority of law.
c. It is an affirmative defense to a prosecution under subsection a. of this section, which must be proved by clear and convincing evidence, that:
(1)The actor reasonably believed that the action was necessary to preserve the child from imminent danger to his welfare. However, no defense shall be available pursuant to this subsection if the actor does not, as soon as reasonably practicable but in no event more than 24 hours after taking a child under his protection, give notice of the child's location to the police department of the municipality where the child resided, the office of the county prosecutor in the county where the child resided, or the Division of Youth and Family Services in the Department of Human Services;
(2)The actor reasonably believed that the taking or detaining of the minor child was consented to by the other parent, or by an authorized State agency; or
(3)The child, being at the time of the taking or concealment not less than 14 years old, was taken away at his own volition and without purpose to commit a criminal offense with or against the child.
d. It is an affirmative defense to a prosecution under subsection a. of this section that a parent having the right of custody reasonably believed he was fleeing from imminent physical danger from the other parent, provided that the parent having custody, as soon as reasonably practicable:
(1)Gives notice of the child's location to the police department of the municipality where the child resided, the office of the county prosecutor in the county where the child resided, or the Division of Youth and Family Services in the Department of Human Services.
Consequences of a Criminal Guilty Plea
1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s)
2. Do you understand that if you plead guilty:
a. You will have a criminal record
b. You may go to Jail or Prison.
c. You will have to pay Fines and Court Costs.
3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail.
4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.
5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.
6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.
7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.
8. You must wait 5-10 years to expunge a first offense. 2C:52-3
9. You could be put on Probation.
10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your driver's license for 6 months - 2years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30.
11. You may be required to do Community Service.
12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.
13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction.
14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.
15. You lose the presumption against incarceration in future cases. 2C:44-1
16. You may lose your right to vote.
The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense.
Jail for Crimes and Disorderly Conduct:
If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms.
NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;
(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;
(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;
(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.
2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:
a. (1) $200,000.00 when the conviction is of a crime of the first degree;
(2) $150,000.00 when the conviction is of a crime of the second degree;
b. (1) $15,000.00 when the conviction is of a crime of the third degree;
(2) $10,000.00 when the conviction is of a crime of the fourth degree;
c. $1,000.00, when the conviction is of a disorderly persons offense;
d. $500.00, when the conviction is of a petty disorderly persons offense;
If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500

2C:13-2 Criminal Restraint

2C:13-2 Criminal Restraint


Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. The following is the law in New Jersey on Criminal restraint 2C:13-2
Criminal restraint 2C:13-2. A person commits a crime of the third degree if he knowingly:
a. Restrains another unlawfully in circumstances exposing the other to risk of serious bodily injury; or
b. Holds another in a condition of involuntary servitude.
The creation by the actor of circumstances resulting in a belief by another that he must remain in a particular location shall for purposes of this section be deemed to be a holding in a condition of involuntary servitude.
In any prosecution under subsection b., it is an affirmative defense that the person held was a child less than 18 years old and the actor was a relative or legal guardian of such child and his sole purpose was to assume control of such child.
L.1978, c. 95, s. 2C:13-2, eff. Sept. 1, 1979.
2C:13-3. False imprisonment A person commits a disorderly persons offense if he knowingly restrains another unlawfully so as to interfere substantially with his liberty. In any prosecution under this section, it is an affirmative defense that the person restrained was a child less than 18 years old and that the actor was a relative or legal guardian of such child and that his sole purpose was to assume control of such child.
L.1978, c. 95, s. 2C:13-3, eff. Sept. 1, 1979. Amended by L.1979, c. 178, s. 24, eff. Sept. 1, 1979.
2C:13-4 Interference with custody.
2C:13-4. Interference with custody. a. Custody of children. A person, including a parent, guardian or other lawful custodian, is guilty of interference with custody if he:
(1)Takes or detains a minor child with the purpose of concealing the minor child and thereby depriving the child's other parent of custody or parenting time with the minor child; or
(2)After being served with process or having actual knowledge of an action affecting marriage or custody but prior to the issuance of a temporary or final order determining custody and parenting time rights to a minor child, takes, detains, entices or conceals the child within or outside the State for the purpose of depriving the child's other parent of custody or parenting time, or to evade the jurisdiction of the courts of this State;
(3)After being served with process or having actual knowledge of an action affecting the protective services needs of a child pursuant to Title 9 of the Revised Statutes in an action affecting custody, but prior to the issuance of a temporary or final order determining custody rights of a minor child, takes, detains, entices or conceals the child within or outside the State for the purpose of evading the jurisdiction of the courts of this State; or
(4)After the issuance of a temporary or final order specifying custody, joint custody rights or parenting time, takes, detains, entices or conceals a minor child from the other parent in violation of the custody or parenting time order.
Interference with custody is a crime of the second degree if the child is taken, detained, enticed or concealed: (i) outside the United States or (ii) for more than 24 hours Otherwise, interference with custody is a crime of the third degree but the presumption of non-imprisonment set forth in subsection e. of N.J.S. 2C:44-1 for a first offense of a crime of the third degree shall not apply.
b. Custody of committed persons. A person is guilty of a crime of the fourth degree if he knowingly takes or entices any committed person away from lawful custody when he is not privileged to do so. Committed person means, in addition to anyone committed under judicial warrant, any orphan, neglected or delinquent child, mentally defective or insane person, or other dependent or incompetent person entrusted to another's custody by or through a recognized social agency or otherwise by authority of law.
c. It is an affirmative defense to a prosecution under subsection a. of this section, which must be proved by clear and convincing evidence, that:
(1)The actor reasonably believed that the action was necessary to preserve the child from imminent danger to his welfare. However, no defense shall be available pursuant to this subsection if the actor does not, as soon as reasonably practicable but in no event more than 24 hours after taking a child under his protection, give notice of the child's location to the police department of the municipality where the child resided, the office of the county prosecutor in the county where the child resided, or the Division of Youth and Family Services in the Department of Human Services;
(2)The actor reasonably believed that the taking or detaining of the minor child was consented to by the other parent, or by an authorized State agency; or
(3)The child, being at the time of the taking or concealment not less than 14 years old, was taken away at his own volition and without purpose to commit a criminal offense with or against the child.
d. It is an affirmative defense to a prosecution under subsection a. of this section that a parent having the right of custody reasonably believed he was fleeing from imminent physical danger from the other parent, provided that the parent having custody, as soon as reasonably practicable:
(1)Gives notice of the child's location to the police department of the municipality where the child resided, the office of the county prosecutor in the county where the child resided, or the Division of Youth and Family Services in the Department of Human Services.
Consequences of a Criminal Guilty Plea
1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s)
2. Do you understand that if you plead guilty:
a. You will have a criminal record
b. You may go to Jail or Prison.
c. You will have to pay Fines and Court Costs.
3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail.
4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.
5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.
6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.
7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.
8. You must wait 5-10 years to expunge a first offense. 2C:52-3
9. You could be put on Probation.
10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your driver's license for 6 months - 2years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30.
11. You may be required to do Community Service.
12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.
13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction.
14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.
15. You lose the presumption against incarceration in future cases. 2C:44-1
16. You may lose your right to vote.
The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense.
Jail for Crimes and Disorderly Conduct:
If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms.
NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;
(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;
(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;
(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.
2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:
a. (1) $200,000.00 when the conviction is of a crime of the first degree;
(2) $150,000.00 when the conviction is of a crime of the second degree;
b. (1) $15,000.00 when the conviction is of a crime of the third degree;
(2) $10,000.00 when the conviction is of a crime of the fourth degree;
c. $1,000.00, when the conviction is of a disorderly persons offense;
d. $500.00, when the conviction is of a petty disorderly persons offense;
If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500

2C:13-1B(4)-Kidnap

2C:13-1B(4)-Kidnap
The defendant is charged with the crime of kidnapping. The indictment reads in pertinent part as follows:
(Read Indictment)
The pertinent part of the statute on which this indictment is based reads as follows:
A person is guilty of kidnapping if he unlawfully removes another from his place of residence or business, or a substantial distance from the vicinity where he is found, or if he unlawfully confines another for a substantial period, with any of the following purposes:
1. to facilitate commission of any crime or flight thereafter;
2. to inflict bodily injury on or to terrorize the victim or another; or
3. to interfere with the performance of any governmental or political function.
In order for you to find the defendant guilty of kidnapping, the State is required to prove each of the following two elements to you beyond a reasonable doubt:
(Select as appropriate)
1. That the defendant __________: a. unlawfully removed __________, from (his/her) place of residence... or b. unlawfully removed __________, from (his/her) place of business... or c. unlawfully removed __________, a substantial distance from the vicinity where (he/she) was found... or d. unlawfully confined __________, for a substantial period;
(and) (Select as appropriate)
2. That the removal (or confinement) was with the purpose to... a. facilitate the commission of any crime or flight thereafter... b. inflict bodily injury on or terrorize the victim or another... c. interfere with the performance of any governmental or political function.
Page 1 of 6
Revised 4/16/12
KIDNAPPING (N.J.S.A. 2C:13-1b(1) to (3))
In relation to the first element you will note that I have used the term(s) unlawfully
removed and/or unlawfully confined.
(IF THE PERSON ALLEGED TO HAVE BEEN REMOVED OR CONFINED IS 14 YEARS OF AGE OR OLDER, AND NOT INCOMPETENT USE THE FOLLOWING)
A removal (or confinement) is unlawful if it is accomplished by force, threat or deception.1
(IF THE PERSON REMOVED OR CONFINED IS UNDER THE AGE OF 14 OR INCOMPETENT, USE THE FOLLOWING)
In the case of a person who is under the age of 14 or who is incompetent, a removal (or confinement) is unlawful if it is accomplished without the consent of a parent, guardian, or other person responsible for the general supervision of (his/her) welfare.2
(CHARGE AS APPROPRIATE)
When the removal of a victim is from a place other than the victims residence or place of business, the removal must be to another place which is a substantial distance from the vicinity from which the victim was removed. However, for this purpose a substantial distance is not measured in feet, yards, or miles, nor by any other standard of linear measurement. Rather, a substantial distance is one that is significant, in that it is more than incidental to the underlying crime and substantially increases the risk of harm to the victim. That increased risk of harm must not be trivial. If the victim is removed only a slight distance from the vicinity from which he or she was removed and such movement does not create the isolation and increased risk of harm that are at the heart of the kidnapping statute, then you should not convict the defendant of the kidnapping charge.3
Unlawful confinement must be for a substantial period. However, for this purpose a substantial period is not measured in seconds, minutes or hours, nor by any other standard based strictly on the passage of time. Rather, a substantial period is one that is significant, in that it is
1 2 3
N.J.S.A. 2C:13-1d Id. State v. Masino, 94 N.J. 436, 447 (1983).
Page 2 of 6
KIDNAPPING (N.J.S.A. 2C:13-1b(1) to (3))
more than incidental to the underlying crime and substantially increases the risk of harm to the victim. That increased risk of harm must not be trivial. If the victim is confined for only a slight period of time and such confinement does not create the isolation and increased risk of harm that are at the heart of the kidnapping statute, then you should not convict the defendant of the kidnapping charge.4
Therefore, in determining whether the removal (and/or confinement) was substantial, you may consider5
(1) the distance of the removal (and/or the duration of confinement); (2) whether the removal (and/or confinement) occurred during the commission of a separate offense; (3) whether the removal (and/or confinement) which occurred is inherent in the separate offense; and (4) whether the removal (and/or confinement) created a significant danger to the victim independent of that posed by the separate offense. The second element that the State is required to prove is:
that the removal (and/or confinement) was with the purpose to ... a. facilitate the commission of any crime or flight thereafter... or b. inflict bodily injury on or terrorize the victim or another... or c. interfere with the performance of any governmental or political function.
I have told you that to constitute kidnapping, an unlawful removal or confinement must have been with a specified purpose. Therefore, I must define purpose for you.
A person acts purposely with respect to the nature of his/her conduct or a result of his/her conduct if it is his/her conscious object to engage in conduct of that nature or to cause such a result,
4
State v. Smith, 210 N.J. Super. 43, 60-61 (App. Div. 1986), certif. denied, 105 N.J. 582 (1986). State v. Deutsch, 229 N.J.
Super. 374, 383, 387 (App. Div. 1988). Cf. State v. Bryant, 217 N.J. Super. 72, 80-82 (App. Div. 1987) certif. denied, 108 N.J. 202
(1987); State v. LaFrance, 117 N.J. 583, 594 (1990).
5
In State v. LaFrance, 117 N.J. 583 (1990) the court suggested that future trials should reflect that we have emphasized that the charge to the jury convey the elements of the crime in the factual context of the case. Court and counsel should frame a charge to the jury in which defendants conduct is measured in terms of whether the detention was merely incidental to the underlying crimes. State v. LaFrance at 594. The enumerated factors should only be charged if relevant, and the trial judge may charge other factors
Page 3 of 6
KIDNAPPING (N.J.S.A. 2C:13-1b(1) to (3))
that is, if the person means to do what he/she does or to cause such a result. A person acts purposely with respect to attendant circumstances if the person is aware of the existence of such circumstances, or believes or hopes that they exist. With purpose, designed, with design, or equivalent terms have the same meaning.6
The nature of the purpose with which the defendant acted towards the victim is a question of fact for the jury to decide. Purpose is a condition of the mind which cannot be seen, and can only be determined by inferences drawn from the defendants conduct, words or acts as they have been presented in the evidence you have heard and seen in this case. It is not necessary that the State produce a witness or witnesses to testify that the defendant stated, for example, that his/her purpose in removing __________ (and/or) confining __________, was
(Select appropriate section)
...to facilitate the commission of any crime or flight thereafter, that is, to aid in committing a crime or fleeing afterwards.
...to inflict bodily injury on or to terrorize the victim or another. ...to interfere with the performance of any governmental or political function. It is within the power of the jury to find that proof of purpose has been furnished beyond a
reasonable doubt, by inferences which you may draw from the nature of the acts and the circumstances surrounding the conduct under investigation as they have been presented in the evidence you have heard and seen in this case.
[CHARGE WHEN FIRST DEGREE KIDNAPPING ALLEGED]
If you find that the State has proven beyond a reasonable doubt that the defendant committed the crime of kidnapping, you must go on to determine whether the State has also proven beyond a reasonable doubt that he/she knowingly harmed _________ or knowingly did not release _________ in a safe place prior to his/her apprehension.7 The harm component can include physical,
where appropriate.
6 7
N.J.S.A. 2C:2-2b(1). State v. Sherman, 367 N.J. Super. 324, 330-331 (App. Div. 2004), certif. denied, 180 N.J. 356 (2004).
Page 4 of 6
KIDNAPPING (N.J.S.A. 2C:13-1b(1) to (3))
emotional or psychological harm.8 In this case, the State alleges that defendant [describe conduct allegedly constituting harm9 or release in an unsafe place]. [INCLUDE WHEN APPROPRIATE: On the other hand, defendant contends that ___________.]
In order to determine whether the victim was released in a safe place, you must examine the totality of the circumstances and evaluate the evidence presented at trial in its entirety. You may consider the following:
age of the victim and any other physical or mental condition of the victim; 10 the location, the conditions of the area, and the time of the release; the circumstances surrounding the release; and any other circumstances that occurred or existed surrounding the release.
(1) (2) (3) (4) A person acts knowingly with respect to the nature of his/her conduct or the attendant
circumstances if he/she is aware that 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 conduct if he/she is aware that it is practically certain that his conduct will cause such a result. Knowingly, 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 conduct, words or acts. A state of mind is rarely susceptible of direct proof, but must ordinarily be inferred from the facts. Therefore, it is not necessary, members of the jury, that the State produce witnesses to testify that an accused said he/she had a certain state of mind when he/she engaged in a particular act. It is within your power to find that such proof has been furnished beyond a reasonable doubt by inference which may arise from the nature of his/her acts and his/her
8 9
Sherman, 367 N.J. Super. at 331.
We conclude that the harm component of the unharmed release provision contained in N.J.S.A. 2C:13-1c[1] focuses on
the conduct of the kidnapper during the purposeful removal and holding or confining of the victim, as distinguished from the type of
harm inherent in every kidnapping. Sherman, 367 N.J. Super. at 330. The harm component can include physical, emotional or
psychological harm. Id. at 331.
10
In State v. Johnson, 309 N.J. Super. 237, 265 (App. Div.), certif. den. 156 N.J. 387 (1998), the defendant carjacked a mother and her three-year-old daughter, then put the daughter out of the car before driving off with and subsequently robbing, raping, and killing the mother. The Appellate Division held that the jury properly found that separating an upset, crying three year old child from
Page 5 of 6
KIDNAPPING (N.J.S.A. 2C:13-1b(1) to (3))
conduct, and from all he/she said and did at the particular time and place, and from all of the surrounding circumstances.
[CHARGE IN ALL CASES]
If you find that the State has not proven any element of the crime of kidnapping beyond a reasonable doubt, then you must find the defendant not guilty. If you find that the State has proven every element beyond a reasonable doubt, then you must find defendant guilty of kidnapping.
[CHARGE WHEN FIRST DEGREE KIDNAPPING IS ALLEGED]
If you find that the State has proven beyond a reasonable doubt that the defendant is guilty of kidnapping, but you have reasonable doubt as to whether the State has proven beyond a reasonable doubt that he/she knowingly harmed _________ or knowingly did not release ________ in a safe place prior to his/her apprehension you should then find the defendant guilty of kidnapping in the second degree.
If you find beyond a reasonable doubt that the defendant is guilty of kidnapping and that he/she knowingly harmed _________ or knowingly did not release _________ in a safe place prior to his/her apprehension, you should then find the defendant guilty of kidnapping in the first degree.
her distraught mother and leaving her near the bushes of a closed day care center after 9 p.m. on a rainy November night hardly constitutes leaving her in a safe place.
Page 6 of 6

2C:13-1b(1) to (3) model jury charge

2C:13-1B-Kidnap-Holding
The defendant is charged with the crime of kidnapping. The indictment reads in pertinent part as follows:
(Read Indictment)
The pertinent part of the statute on which this indictment is based reads as follows:
A person is guilty of kidnapping if he unlawfully removes another from his place of residence or business, or a substantial distance from the vicinity where he is found, or if he unlawfully confines another for a substantial period, with any of the following purposes:
1. to facilitate commission of any crime or flight thereafter;
2. to inflict bodily injury on or to terrorize the victim or another; or
3. to interfere with the performance of any governmental or political function.
In order for you to find the defendant guilty of kidnapping, the State is required to prove each of the following two elements to you beyond a reasonable doubt:
(Select as appropriate)
1. That the defendant __________: a. unlawfully removed __________, from (his/her) place of residence... or b. unlawfully removed __________, from (his/her) place of business... or c. unlawfully removed __________, a substantial distance from the vicinity where (he/she) was found... or d. unlawfully confined __________, for a substantial period;
(and) (Select as appropriate)
2. That the removal (or confinement) was with the purpose to... a. facilitate the commission of any crime or flight thereafter... b. inflict bodily injury on or terrorize the victim or another... c. interfere with the performance of any governmental or political function.
Page 1 of 6
Revised 4/16/12
KIDNAPPING (N.J.S.A. 2C:13-1b(1) to (3))
In relation to the first element you will note that I have used the term(s) unlawfully
removed and/or unlawfully confined.
(IF THE PERSON ALLEGED TO HAVE BEEN REMOVED OR CONFINED IS 14 YEARS OF AGE OR OLDER, AND NOT INCOMPETENT USE THE FOLLOWING)
A removal (or confinement) is unlawful if it is accomplished by force, threat or deception.1
(IF THE PERSON REMOVED OR CONFINED IS UNDER THE AGE OF 14 OR INCOMPETENT, USE THE FOLLOWING)
In the case of a person who is under the age of 14 or who is incompetent, a removal (or confinement) is unlawful if it is accomplished without the consent of a parent, guardian, or other person responsible for the general supervision of (his/her) welfare.2
(CHARGE AS APPROPRIATE)
When the removal of a victim is from a place other than the victims residence or place of business, the removal must be to another place which is a substantial distance from the vicinity from which the victim was removed. However, for this purpose a substantial distance is not measured in feet, yards, or miles, nor by any other standard of linear measurement. Rather, a substantial distance is one that is significant, in that it is more than incidental to the underlying crime and substantially increases the risk of harm to the victim. That increased risk of harm must not be trivial. If the victim is removed only a slight distance from the vicinity from which he or she was removed and such movement does not create the isolation and increased risk of harm that are at the heart of the kidnapping statute, then you should not convict the defendant of the kidnapping charge.3
Unlawful confinement must be for a substantial period. However, for this purpose a substantial period is not measured in seconds, minutes or hours, nor by any other standard based strictly on the passage of time. Rather, a substantial period is one that is significant, in that it is
1 2 3
N.J.S.A. 2C:13-1d Id. State v. Masino, 94 N.J. 436, 447 (1983).
Page 2 of 6
KIDNAPPING (N.J.S.A. 2C:13-1b(1) to (3))
more than incidental to the underlying crime and substantially increases the risk of harm to the victim. That increased risk of harm must not be trivial. If the victim is confined for only a slight period of time and such confinement does not create the isolation and increased risk of harm that are at the heart of the kidnapping statute, then you should not convict the defendant of the kidnapping charge.4
Therefore, in determining whether the removal (and/or confinement) was substantial, you may consider5
(1) the distance of the removal (and/or the duration of confinement); (2) whether the removal (and/or confinement) occurred during the commission of a separate offense; (3) whether the removal (and/or confinement) which occurred is inherent in the separate offense; and (4) whether the removal (and/or confinement) created a significant danger to the victim independent of that posed by the separate offense. The second element that the State is required to prove is:
that the removal (and/or confinement) was with the purpose to ... a. facilitate the commission of any crime or flight thereafter... or b. inflict bodily injury on or terrorize the victim or another... or c. interfere with the performance of any governmental or political function.
I have told you that to constitute kidnapping, an unlawful removal or confinement must have been with a specified purpose. Therefore, I must define purpose for you.
A person acts purposely with respect to the nature of his/her conduct or a result of his/her conduct if it is his/her conscious object to engage in conduct of that nature or to cause such a result,
4
State v. Smith, 210 N.J. Super. 43, 60-61 (App. Div. 1986), certif. denied, 105 N.J. 582 (1986). State v. Deutsch, 229 N.J.
Super. 374, 383, 387 (App. Div. 1988). Cf. State v. Bryant, 217 N.J. Super. 72, 80-82 (App. Div. 1987) certif. denied, 108 N.J. 202
(1987); State v. LaFrance, 117 N.J. 583, 594 (1990).
5
In State v. LaFrance, 117 N.J. 583 (1990) the court suggested that future trials should reflect that we have emphasized that the charge to the jury convey the elements of the crime in the factual context of the case. Court and counsel should frame a charge to the jury in which defendants conduct is measured in terms of whether the detention was merely incidental to the underlying crimes. State v. LaFrance at 594. The enumerated factors should only be charged if relevant, and the trial judge may charge other factors
Page 3 of 6
KIDNAPPING (N.J.S.A. 2C:13-1b(1) to (3))
that is, if the person means to do what he/she does or to cause such a result. A person acts purposely with respect to attendant circumstances if the person is aware of the existence of such circumstances, or believes or hopes that they exist. With purpose, designed, with design, or equivalent terms have the same meaning.6
The nature of the purpose with which the defendant acted towards the victim is a question of fact for the jury to decide. Purpose is a condition of the mind which cannot be seen, and can only be determined by inferences drawn from the defendants conduct, words or acts as they have been presented in the evidence you have heard and seen in this case. It is not necessary that the State produce a witness or witnesses to testify that the defendant stated, for example, that his/her purpose in removing __________ (and/or) confining __________, was
(Select appropriate section)
...to facilitate the commission of any crime or flight thereafter, that is, to aid in committing a crime or fleeing afterwards.
...to inflict bodily injury on or to terrorize the victim or another. ...to interfere with the performance of any governmental or political function. It is within the power of the jury to find that proof of purpose has been furnished beyond a
reasonable doubt, by inferences which you may draw from the nature of the acts and the circumstances surrounding the conduct under investigation as they have been presented in the evidence you have heard and seen in this case.
[CHARGE WHEN FIRST DEGREE KIDNAPPING ALLEGED]
If you find that the State has proven beyond a reasonable doubt that the defendant committed the crime of kidnapping, you must go on to determine whether the State has also proven beyond a reasonable doubt that he/she knowingly harmed _________ or knowingly did not release _________ in a safe place prior to his/her apprehension.7 The harm component can include physical,
where appropriate.
6 7
N.J.S.A. 2C:2-2b(1). State v. Sherman, 367 N.J. Super. 324, 330-331 (App. Div. 2004), certif. denied, 180 N.J. 356 (2004).
Page 4 of 6
KIDNAPPING (N.J.S.A. 2C:13-1b(1) to (3))
emotional or psychological harm.8 In this case, the State alleges that defendant [describe conduct allegedly constituting harm9 or release in an unsafe place]. [INCLUDE WHEN APPROPRIATE: On the other hand, defendant contends that ___________.]
In order to determine whether the victim was released in a safe place, you must examine the totality of the circumstances and evaluate the evidence presented at trial in its entirety. You may consider the following:
age of the victim and any other physical or mental condition of the victim; 10 the location, the conditions of the area, and the time of the release; the circumstances surrounding the release; and any other circumstances that occurred or existed surrounding the release.
(1) (2) (3) (4) A person acts knowingly with respect to the nature of his/her conduct or the attendant
circumstances if he/she is aware that 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 conduct if he/she is aware that it is practically certain that his conduct will cause such a result. Knowingly, 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 conduct, words or acts. A state of mind is rarely susceptible of direct proof, but must ordinarily be inferred from the facts. Therefore, it is not necessary, members of the jury, that the State produce witnesses to testify that an accused said he/she had a certain state of mind when he/she engaged in a particular act. It is within your power to find that such proof has been furnished beyond a reasonable doubt by inference which may arise from the nature of his/her acts and his/her
8 9
Sherman, 367 N.J. Super. at 331.
We conclude that the harm component of the unharmed release provision contained in N.J.S.A. 2C:13-1c[1] focuses on
the conduct of the kidnapper during the purposeful removal and holding or confining of the victim, as distinguished from the type of
harm inherent in every kidnapping. Sherman, 367 N.J. Super. at 330. The harm component can include physical, emotional or
psychological harm. Id. at 331.
10
In State v. Johnson, 309 N.J. Super. 237, 265 (App. Div.), certif. den. 156 N.J. 387 (1998), the defendant carjacked a mother and her three-year-old daughter, then put the daughter out of the car before driving off with and subsequently robbing, raping, and killing the mother. The Appellate Division held that the jury properly found that separating an upset, crying three year old child from
Page 5 of 6
KIDNAPPING (N.J.S.A. 2C:13-1b(1) to (3))
conduct, and from all he/she said and did at the particular time and place, and from all of the surrounding circumstances.
[CHARGE IN ALL CASES]
If you find that the State has not proven any element of the crime of kidnapping beyond a reasonable doubt, then you must find the defendant not guilty. If you find that the State has proven every element beyond a reasonable doubt, then you must find defendant guilty of kidnapping.
[CHARGE WHEN FIRST DEGREE KIDNAPPING IS ALLEGED]
If you find that the State has proven beyond a reasonable doubt that the defendant is guilty of kidnapping, but you have reasonable doubt as to whether the State has proven beyond a reasonable doubt that he/she knowingly harmed _________ or knowingly did not release ________ in a safe place prior to his/her apprehension you should then find the defendant guilty of kidnapping in the second degree.
If you find beyond a reasonable doubt that the defendant is guilty of kidnapping and that he/she knowingly harmed _________ or knowingly did not release _________ in a safe place prior to his/her apprehension, you should then find the defendant guilty of kidnapping in the first degree.
her distraught mother and leaving her near the bushes of a closed day care center after 9 p.m. on a rainy November night hardly constitutes leaving her in a safe place.

2C:13-1a KIDNAPPING

2C:13-1a KIDNAPPING

The defendant is charged with the crime of kidnapping.The indictment reads in pertinent part as follows:
(Read Indictment)
The pertinent part of the statute on which this indictment is based reads as follows:

A person is guilty of kidnapping if he unlawfully removes another from the place where he is found or if he unlawfully confines another with the purpose of holding that person for ransom or reward or as a shield or hostage.
(Select appropriate section)
In order for you to find the defendant guilty of kidnapping, the State is required to prove each of the following elements to you beyond a reasonable doubt:
1.That the defendant __________, unlawfully removed __________, from_________.
and/or
That the defendant __________, unlawfully confined __________, at __________.
2.That the removal.....confinement was for the purpose of holding __________,for ransom.... or reward....or as a shield or hostage.
You will note that I have used the terms unlawfully removed....unlawfully confined.
(IF THE PERSON ALLEGED TO HAVE BEEN REMOVED OR CONFINED IS OVER THE AGE OF 14 AND NOT INCOMPETENT USE THE FOLLOWING)

The term unlawful means to accomplish the removal or confinement by force, threat, or deception....[1]
(IF THE PERSON REMOVED OR CONFINED IS UNDER THE AGE OF 14 OR INCOMPETENT USE THE FOLLOWING)

The term unlawful means to accomplish the removal or confinement without the consent of the parent, guardian, or other person responsible for the general supervision ofhis/herwelfare.[2]
I have also used the term purpose.A person acts purposely with respect to the nature ofhis/herconduct or a result ofhis/herconduct if it ishis/herconscious object to engage in conduct of that nature or to cause such a result, that is, if the person means to do whathe/shedoes or to cause such a result.A person acts purposely with respect to the attendant circumstances ifhe/sheis aware of the existence of such circumstances, orhe/shebelieves or hopes that they exist.With purpose, designed, with design or equivalent terms have the same meaning.[3]
The nature of the purpose with which the defendant acted towards the victim is a question of fact for the jury to decide.Purpose is a condition of the mind which cannot be seen, and can only be determined by inference drawn from the defendants conduct, words or acts as they have been presented in the evidence you have heard and seen in this case.It is not necessary that the State produce a witness or witnesses to testify or the defendant stated, for example, thathis/herpurpose in ... removing __________, (and/or) confining __________ was for ransom or reward or as a shield or hostage.
(Select appropriate section)
It is within the power of the jury to find that the proof of purpose has been furnished beyonda reasonable doubt by inferences which you may draw from the nature of the acts and the circumstances surrounding the conduct under investigation as they have been presented in the evidence you have heard and seen in this case.
The statute defines the crime of kidnapping in part by using the words unlawfully removing a person from where (he/she) is found.First you must understand that the unlawfulness of removing a person from where (he/she) is found, that is, where the victim happened to be at the moment of the unlawful removal, does not depend upon the distance a victim is moved.
In other words, the unlawful removal to any specific location or of a specific distance is not necessary to the offense so long as the removal was unlawful, that is, ....accomplished by force, threat, or deception, ...accomplished without the consent of parent, guardian or other person responsible for the general supervision of his welfare ... and for the purpose of gaining ransom or reward or using the victim as a shield or hostage.
The statute further defines the crime of kidnapping as the unlawful confinement of a person.
The confinement need not be for a specific period of time so long as the confinement was unlawful, that is, ... accomplished by force, threat, or deception, ... accomplished without the consent of a parent, guardian, or other person responsible for the general supervision of (his/her) welfare ... and for the purpose of gaining ransom or reward or using the victim as a shield or hostage.
(Select appropriate section)
You will note that I have also used the words ransom, reward, shield and hostage.
Ransom is defined as the money, price, or consideration paid or demanded for redemption of a captive person, that is, a payment to secure the release of the captive person.[4]
Reward under the circumstances of this case is not limited to a thing of monetary value, but can include a benefit to the kidnapper.
One used another person as a shield when by forcehe/sheplaces that person in a position of danger in order to protecthimself/herself.[5]
Hostage implies the unlawful taking, restraining, or confining of a person with the intent that the person confined be held as security to ensure that a third person either performs some action or refrains from performing some action.[6]
[CHARGE WHEN FIRST DEGREE KIDNAPPING ALLEGED]
If you find that the State has proven beyond a reasonable doubt that the defendant committed the crime of kidnapping, you must go on to determine whether the State has also proven beyond a reasonable doubt thathe/sheknowingly harmed ________ or knowingly did not release ________ in a safe place prior tohis/herapprehension.[7]The harm component can include physical, emotional or psychological harm.[8]In this case, the State alleges that defendant [describe conduct allegedly constituting harm[9]or release in an unsafe place].[INCLUDE WHEN APPROPRIATE: On the other hand, defendant contends that ________.]
In order to determine whether the victim was released in a safe place, you must examine the totality of the circumstances and evaluate the evidence presented at trial in its entirety. You may consider the following:
(1)age of the victim and any other physical or mental condition of the victim;[10]
(2)the location, the conditions of the area, and the time of the release;
(3)the circumstances surrounding the release; and
(4)any other circumstances that occurred or existed surrounding the release.
A person acts knowingly with respect to the nature ofhis/herconduct or the attendant circumstances ifhe/sheis aware thathis/herconduct is of that nature, or that such circumstances exist, orhe/sheis aware of a high probability of their existence.A person acts knowingly with respect to a result ofhis/herconduct ifhe/sheis aware that it is practically certain thathis/herconduct will cause such a result.Knowingly, 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 conduct, words or acts.A state of mind is rarely susceptible of direct proof, but must ordinarily be inferred from the facts.Therefore, it is not necessary, members of the jury, that the State produce witnesses to testify that an accused saidhe/shehad a certain state of mind whenhe/sheengaged in a particular act.It is within your power to find that such proof has been furnished beyond a reasonable doubt by inference which may arise from the nature ofhis/heracts andhis/herconduct, and from allhe/shesaid and did at the particular time and place, and from all of the surrounding circumstances.
[CHARGE IN ALL CASES]
If you find that the State has not proven any element of the crime of kidnapping beyond a reasonable doubt, then you must find the defendant not guilty.If you find that the State has proven every element beyond a reasonable doubt, then you must find defendant guilty of kidnapping.
[CHARGE WHEN FIRST DEGREE KIDNAPPING IS ALLEGED]
If you find that the State has proven beyond a reasonable doubt that the defendant is guilty of kidnapping, but you have reasonable doubt as to whether theState has proven beyond a reasonable doubt thathe/sheknowingly harmed __________ or knowingly did not release ________ in a safe placeprior tohis/herapprehension you must then find the defendant guilty of kidnapping in the second degree.
If you find beyond a reasonable doubt that the defendant is guilty of kidnapping and thathe/sheknowingly harmed _________ or knowingly did not release ________in a safe place prior tohis/herapprehension, you must then find the defendant guilty of kidnapping in the first degree.




[1]N.J.S.A.2C:13-1d.
[2]Id.
[3]N.J.S.A.2C:2-2b.
[4]Blacks Law Dictionary, 4th Ed. (West 1968).
[5]State v. Canola, 73N.J.206 (1977);State v. Kress, 105N.J. Super. 514 (L. Div. 1969).
[6]State v. Littlefield, 389A.2d16 (Me. 1978);State v. Lee, 234S.E. 2d482 (N.C. App. 1977);State v. Crump, 484P2d329 (N.M. 1971).
[7]State v. Sherman, 367N.J. Super. 324, 330-331 (App. Div. 2004),certif. denied, 180N.J.356 (2004).
[8]Sherman, 367N.J. Super. at 331.
[9]We conclude that the harm component of the unharmed release provision contained inN.J.S.A. 2C:13-1c[1] focuses on the conduct of the kidnapper during the purposeful removal and holding or confining of the victim, as distinguished from the type of harm inherent in every kidnapping.Sherman, 367N.J. Super. at 330.
[10]InState v. Johnson, 309N.J. Super. 237, 265 (App. Div.),certif. denied, 156N.J. 387 (1998), the defendant carjacked a mother and her three-year-old daughter, then put the daughter out of the car before driving off with and subsequently robbing, raping, and killing the mother. The Appellate Division held that the jury properly found that separating an upset, crying three year old child from her distraught mother and leaving her near the bushes of a closed day care center after 9 p.m. on a rainy November night hardly constitutes leaving her in a safe place.

2C:13-1 KIDNAPPING

2C:13-1 KIDNAPPING

The defendant is charged with the crime of kidnapping.The indictment reads in pertinent part as follows:
(Read Indictment)
The pertinent part of the statute on which this indictment is based reads as follows:

A person is guilty of kidnapping if he unlawfully removes another from the place where he is found or if he unlawfully confines another with the purpose of holding that person for ransom or reward or as a shield or hostage.
(Select appropriate section)
In order for you to find the defendant guilty of kidnapping, the State is required to prove each of the following elements to you beyond a reasonable doubt:
1.That the defendant __________, unlawfully removed __________, from_________.
and/or
That the defendant __________, unlawfully confined __________, at __________.
2.That the removal.....confinement was for the purpose of holding __________,for ransom.... or reward....or as a shield or hostage.
You will note that I have used the terms unlawfully removed....unlawfully confined.
(IF THE PERSON ALLEGED TO HAVE BEEN REMOVED OR CONFINED IS OVER THE AGE OF 14 AND NOT INCOMPETENT USE THE FOLLOWING)

The term unlawful means to accomplish the removal or confinement by force, threat, or deception....[1]
(IF THE PERSON REMOVED OR CONFINED IS UNDER THE AGE OF 14 OR INCOMPETENT USE THE FOLLOWING)

The term unlawful means to accomplish the removal or confinement without the consent of the parent, guardian, or other person responsible for the general supervision ofhis/herwelfare.[2]
I have also used the term purpose.A person acts purposely with respect to the nature ofhis/herconduct or a result ofhis/herconduct if it ishis/herconscious object to engage in conduct of that nature or to cause such a result, that is, if the person means to do whathe/shedoes or to cause such a result.A person acts purposely with respect to the attendant circumstances ifhe/sheis aware of the existence of such circumstances, orhe/shebelieves or hopes that they exist.With purpose, designed, with design or equivalent terms have the same meaning.[3]
The nature of the purpose with which the defendant acted towards the victim is a question of fact for the jury to decide.Purpose is a condition of the mind which cannot be seen, and can only be determined by inference drawn from the defendants conduct, words or acts as they have been presented in the evidence you have heard and seen in this case.It is not necessary that the State produce a witness or witnesses to testify or the defendant stated, for example, thathis/herpurpose in ... removing __________, (and/or) confining __________ was for ransom or reward or as a shield or hostage.
(Select appropriate section)
It is within the power of the jury to find that the proof of purpose has been furnished beyonda reasonable doubt by inferences which you may draw from the nature of the acts and the circumstances surrounding the conduct under investigation as they have been presented in the evidence you have heard and seen in this case.
The statute defines the crime of kidnapping in part by using the words unlawfully removing a person from where (he/she) is found.First you must understand that the unlawfulness of removing a person from where (he/she) is found, that is, where the victim happened to be at the moment of the unlawful removal, does not depend upon the distance a victim is moved.
In other words, the unlawful removal to any specific location or of a specific distance is not necessary to the offense so long as the removal was unlawful, that is, ....accomplished by force, threat, or deception, ...accomplished without the consent of parent, guardian or other person responsible for the general supervision of his welfare ... and for the purpose of gaining ransom or reward or using the victim as a shield or hostage.
The statute further defines the crime of kidnapping as the unlawful confinement of a person.
The confinement need not be for a specific period of time so long as the confinement was unlawful, that is, ... accomplished by force, threat, or deception, ... accomplished without the consent of a parent, guardian, or other person responsible for the general supervision of (his/her) welfare ... and for the purpose of gaining ransom or reward or using the victim as a shield or hostage.
(Select appropriate section)
You will note that I have also used the words ransom, reward, shield and hostage.
Ransom is defined as the money, price, or consideration paid or demanded for redemption of a captive person, that is, a payment to secure the release of the captive person.[4]
Reward under the circumstances of this case is not limited to a thing of monetary value, but can include a benefit to the kidnapper.
One used another person as a shield when by forcehe/sheplaces that person in a position of danger in order to protecthimself/herself.[5]
Hostage implies the unlawful taking, restraining, or confining of a person with the intent that the person confined be held as security to ensure that a third person either performs some action or refrains from performing some action.[6]
[CHARGE WHEN FIRST DEGREE KIDNAPPING ALLEGED]
If you find that the State has proven beyond a reasonable doubt that the defendant committed the crime of kidnapping, you must go on to determine whether the State has also proven beyond a reasonable doubt thathe/sheknowingly harmed ________ or knowingly did not release ________ in a safe place prior tohis/herapprehension.[7]The harm component can include physical, emotional or psychological harm.[8]In this case, the State alleges that defendant [describe conduct allegedly constituting harm[9]or release in an unsafe place].[INCLUDE WHEN APPROPRIATE: On the other hand, defendant contends that ________.]
In order to determine whether the victim was released in a safe place, you must examine the totality of the circumstances and evaluate the evidence presented at trial in its entirety. You may consider the following:
(1)age of the victim and any other physical or mental condition of the victim;[10]
(2)the location, the conditions of the area, and the time of the release;
(3)the circumstances surrounding the release; and
(4)any other circumstances that occurred or existed surrounding the release.
A person acts knowingly with respect to the nature ofhis/herconduct or the attendant circumstances ifhe/sheis aware thathis/herconduct is of that nature, or that such circumstances exist, orhe/sheis aware of a high probability of their existence.A person acts knowingly with respect to a result ofhis/herconduct ifhe/sheis aware that it is practically certain thathis/herconduct will cause such a result.Knowingly, 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 conduct, words or acts.A state of mind is rarely susceptible of direct proof, but must ordinarily be inferred from the facts.Therefore, it is not necessary, members of the jury, that the State produce witnesses to testify that an accused saidhe/shehad a certain state of mind whenhe/sheengaged in a particular act.It is within your power to find that such proof has been furnished beyond a reasonable doubt by inference which may arise from the nature ofhis/heracts andhis/herconduct, and from allhe/shesaid and did at the particular time and place, and from all of the surrounding circumstances.
[CHARGE IN ALL CASES]
If you find that the State has not proven any element of the crime of kidnapping beyond a reasonable doubt, then you must find the defendant not guilty.If you find that the State has proven every element beyond a reasonable doubt, then you must find defendant guilty of kidnapping.
[CHARGE WHEN FIRST DEGREE KIDNAPPING IS ALLEGED]
If you find that the State has proven beyond a reasonable doubt that the defendant is guilty of kidnapping, but you have reasonable doubt as to whether theState has proven beyond a reasonable doubt thathe/sheknowingly harmed __________ or knowingly did not release ________ in a safe placeprior tohis/herapprehension you must then find the defendant guilty of kidnapping in the second degree.
If you find beyond a reasonable doubt that the defendant is guilty of kidnapping and thathe/sheknowingly harmed _________ or knowingly did not release ________in a safe place prior tohis/herapprehension, you must then find the defendant guilty of kidnapping in the first degree.




[1]N.J.S.A.2C:13-1d.
[2]Id.
[3]N.J.S.A.2C:2-2b.
[4]Blacks Law Dictionary, 4th Ed. (West 1968).
[5]State v. Canola, 73N.J.206 (1977);State v. Kress, 105N.J. Super. 514 (L. Div. 1969).
[6]State v. Littlefield, 389A.2d16 (Me. 1978);State v. Lee, 234S.E. 2d482 (N.C. App. 1977);State v. Crump, 484P2d329 (N.M. 1971).
[7]State v. Sherman, 367N.J. Super. 324, 330-331 (App. Div. 2004),certif. denied, 180N.J.356 (2004).
[8]Sherman, 367N.J. Super. at 331.
[9]We conclude that the harm component of the unharmed release provision contained inN.J.S.A. 2C:13-1c[1] focuses on the conduct of the kidnapper during the purposeful removal and holding or confining of the victim, as distinguished from the type of harm inherent in every kidnapping.Sherman, 367N.J. Super. at 330.
[10]InState v. Johnson, 309N.J. Super. 237, 265 (App. Div.),certif. denied, 156N.J. 387 (1998), the defendant carjacked a mother and her three-year-old daughter, then put the daughter out of the car before driving off with and subsequently robbing, raping, and killing the mother. The Appellate Division held that the jury properly found that separating an upset, crying three year old child from her distraught mother and leaving her near the bushes of a closed day care center after 9 p.m. on a rainy November night hardly constitutes leaving her in a safe place.