KIDNAPPING CHILD UNDER 16: ADDITIONAL
FACTORS
(N.J.S.A.
2C:13-1c) model jury charge
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 also has proven beyond a
reasonable doubt two additional factors.
The first factor that the State must
prove beyond a reasonable doubt is that (name of victim) was less than 16 years
of age at the time of the kidnapping.
The second factor that the State must
prove beyond a reasonable doubt is that, during the kidnapping,
[CHOOSE
APPROPRIATE][1]
a. defendant committed [an aggravated sexual assault][a sexual
assault] [an aggravated criminal sexual contact][2]
against (name of victim).
OR
b. defendant caused or permitted (name of
victim) to engage in a prohibited sexual act[3]
or in the simulation of such an act which defendant knew might be
[photographed] [filmed] [reproduced] [reconstructed] [part of an exhibition or
performance] or intended to be [photographed] [filmed] [reproduced]
[reconstructed] [part of an exhibition or performance].
OR
b. (name
of victim) was photographed or filmed in a prohibited sexual act or in the
simulation of such an act.
OR
c. defendant sold or delivered (name of
victim) to another person for pecuniary gain other than in circumstances which
led to the return of (name of victim) to a parent, guardian or other person
responsible for the general supervision of (name of victim).
[CHOOSE
APPROPRIATE]
Later on in the charge, I will instruct
you on the elements of [aggravated sexual assault] [sexual assault] [aggravated
criminal sexual contact] OR [relevant endangering allegation].
OR
Earlier in the charge, I instructed you on the
elements of [aggravated sexual assault] [sexual assault] [aggravated criminal
sexual contact] OR [relevant endangering allegation].
[CHARGE IN ALL CASES]
If you find that the State has failed to
prove any element of kidnapping beyond a reasonable doubt, then you must find
defendant not guilty. If you find that the State has proven every
element of kidnapping beyond a reasonable doubt, then you must find defendant
guilty.
If
you find that the State has proven beyond a reasonable doubt that the defendant
is guilty of kidnapping, but found that the State has failed to prove beyond a
reasonable doubt that (name of victim) was less than 16 years of age at the
time of the kidnapping and that during the kidnapping, [choose appropriate] [an
aggravated sexual assault] [a sexual assault] [an aggravated criminal sexual
contact] was committed against the victim, then you must find the defendant
guilty of kidnapping in the second degree.
OR
[relevant endangering allegation] was
committed against (name of victim), then you must find the defendant guilty of
kidnapping in the second degree.
OR
[defendant sold or delivered (name of
victim) to another person for pecuniary gain other than in circumstances which
led to the return of (name of victim) to a parent, guardian or other person
responsible for the general supervision of (name of victim)], then you must find defendant guilty of
kidnapping in the second degree.
If
you find that the State has proven beyond a reasonable doubt that the defendant
is guilty of kidnapping and that (name of victim) was less than 16 years of age
at the time of the kidnapping and that during the kidnapping, [choose
appropriate] [an aggravated sexual assault] [a sexual assault] [an
aggravated criminal sexual contact] was committed against the victim, then you
must find the defendant guilty of kidnapping in the first degree.
OR
[relevant endangering allegation] was
committed against (name of victim), then you must find the defendant guilty of
kidnapping in the first degree.
OR
[defendant sold or delivered (name of
victim) to another person for pecuniary gain other than in circumstances which
led to the return of (name of victim) to a parent, guardian or other person
responsible for the general supervision of (name of victim)], then you must
find the defendant guilty of kidnapping in the first degree.
[1] Attempts to commit these crimes do not satisfy the
statutory provision. State v. Smith,
279 N.J. Super. 131, 142-43 (App. Div. 1995).
[2] Only the aggravated criminal sexual contacts set forth in N.J.S.A.
2C:14-3a are applicable to this provision.
[3] Prohibited sexual act is defined in N.J.S.A.
2C:24-4b(1).
