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6.5-1  Kidnapping in the First Degree (Ransom) -- § 53a-92 (a) (1)

The recent case of State v. Salamon, 287 Conn. 509 (2008), introduced a new interpretation of the kidnapping statutes. This instruction will be revised in the near future to conform to that interpretation. Please refer to that case before using this instruction.

Revised to December 1, 2007

The defendant is charged [in count __] with kidnapping in the first degree.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of kidnapping in the first degree when (he/she) abducts another person and (his/her) intent is to compel a third person <insert as appropriate:>

• to pay or deliver money or property as ransom.

• to engage in particular conduct or to refrain from engaging in particular conduct.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Abducted another person
The first element is that the defendant abducted another person.  <Insert the elements from Kidnapping in the Second Degree, Instruction 6.5-3.>¹

Element 2 - Intent
The second element is that the defendant abducted <insert name of abducted person> with the specific intent to compel a third person to (pay money or property as ransom / do or refrain from doing some particular thing).  A person acts "intentionally" with respect to a result when (his/her) conscious objective is to cause such result.  <See Intent: Specific, Instruction 2.3-1.>

You must find that the defendant abducted <insert name of abducted person> with the specific intent to compel some other person to (pay money or property as ransom for the person's release / do or refrain from doing some particular thing).  There is no requirement that the defendant communicate in any way with the third person whose (payment / action or inaction) is sought, or specifically make any demand of that person, but merely that the defendant intends, by (his/her) act, to compel the (payment / action or inaction).

Conclusion

In summary, the state must prove beyond a reasonable doubt that <insert the concluding summary from the instruction for kidnapping in the second degree>, and that (he/she) intended to compel a third person to (pay money or property as ransom / do or refrain from doing something).

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of kidnapping in the first degree, then you shall find the defendant guilty.  On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
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¹ Second degree kidnapping is simple abduction.  See General Statutes § 53a-94.