Monday, August 13, 2007

KIDNAPPING (VICTIM UNDER 16)

(N.J.S.A. 2C:13-1c)
The State alleges certain additional elements which you must consider, in this case, if the defendant is convicted of kidnapping. You need not address them unless and until you have determined that the State has proven defendant's guilty of kidnapping beyond a reasonable doubt.
The additional elements alleged are that:
(1) The victim of the kidnapping was less than 16 years of age; and
(2) During the kidnapping
(Select appropriate section)
(a) Another crime, aggravated sexual assault (sexual assault, aggravated criminal sexual contact), was committed against the victim: or
(b) Another crime, endangering the welfare of a child, was committed against the victim; or
(c) Defendant sold or delivered the victim to another person for pecuniary gain other than in circumstances which led to the return of the victim to a parent, guardian or other person responsible for the general supervision of the victim. For pecuniary gain means for a financial benefit.
[Where appropriate for (a) or (b), make reference to other counts of the indictment or charge the relevant offense(s).]
The burden is on the State to prove both of the alleged additional elements beyond a reasonable doubt. Therefore, if you find the defendant guilty of kidnapping and you are also satisfied that both additional elements have been proven beyond a reasonable doubt, you should answer "yes" as to the existence of the additional elements when you return your verdict. If you find the defendant guilty of kidnapping but you are not satisfied that the State has proven either or both of the additional elements beyond a reasonable doubt, then you must answer "no" as to the existence of the additional elements. And, of course, if you find the defendant not guilty of the kidnapping, then you should not address the issue of additional elements at all.