IN IJA 3.2500. Kidnapping.

IN IJA 3.2500. Kidnapping.

State: Indiana

Indiana Judges Association (IJA) (2017)

CHAPTER 3 OFFENSES AGAINST THE PERSON

Instruction No. 3.2500. Kidnapping.


I.C. 35-42-3-2.

The crime of kidnapping is defined by law as follows:

A person who knowingly or intentionally removes another person by force or threat of force from one place to another commits kidnapping, a Level 6 felony. [The offense is a Level 5 felony if (the other person is less than fourteen (14) years of age and not the person’s child) (it is committed by using a motor vehicle) (it results in bodily injury to another person).] [The offense is a Level 3 felony if (it is committed while armed with a deadly weapon) (it results in serious bodily injury to another person) (it is committed on an aircraft).] [The offense is a Level 2 felony if it is committed (with intent to obtain ransom) (while hijacking a vehicle) (with intent to obtain the release, or intent to aid in the escape, of any person from lawful detention) (with intent to use the person confined as a shield or hostage)].

Before you may convict the Defendant, the State must have proved each of the following beyond a reasonable doubt:

1. The Defendant

2. knowingly or intentionally

3. removed [name]

4. by force or threat of force

5. from one place to another

[6.(for Level 5 felony) and

(the other person was less than fourteen years of age and not the Defendant’s child)

(or)

(the Defendant used a motor vehicle for the removal)

(or)

(the Defendant’s actions resulted in bodily injury to [name other person], another person)

[7. (for Level 3 felony) and

(the Defendant committed the offense while armed with a deadly weapon)

(or)

(the Defendant’s actions resulted in serious bodily injury to [name other person], another person)

(or)

(the removal was committed on an aircraft)

[8. (for Level 2 felony) and

(the Defendant acted with the intent to obtain ransom)

(or)

( the Defendant committed elements 1. through 5. while hijacking a vehicle)

(or)

(the Defendant committed elements 1. through 5. with intent to obtain the release or to

aid in the escape of (name) from lawful detention)

(or)

(the Defendant committed elements 1. through 5. with intent to use (name) as a shield or hostage.)].

If the State failed to prove each of these elements beyond a reasonable doubt, you must find the Defendant not guilty of kidnapping, a Level 6/5/3/2 felony, charged in Count ____________.

By | 2018-03-11T12:34:40+00:00 March 11th, 2018|Comments Off on IN IJA 3.2500. Kidnapping.