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6.5-2  Kidnapping in the First Degree -- § 53a-92 (a) (2)

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 as follows: 

a person is guilty of kidnapping in the first degree when (he/she) abducts another person and restrains the person abducted with intent to <insert appropriate subsection:>

• § 53a-92 (a) (2) (A):  inflict physical injury upon (him/her) or violate or abuse (him/her) sexually.

• § 53a-92 (a) (2) (B):  accomplish or advance the commission of a felony.

• § 53a-92 (a) (2) (C):  terrorize (him/her) or a third person.

• § 53a-92 (a) (2) (D):  interfere with the performance of a government function.

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 <insert as appropriate:>

• § 53a-92 (a) (2) (A):  inflict physical injury on the person.  "Physical injury" is defined as impairment of physical condition or pain.  It is a reduced ability to act as one would otherwise have acted.  The law does not require that the injury be serious.  It may be minor.  It is not necessary that actual physical injury be proved, as long as you determine that the defendant intended to inflict the physical injury, and abducted and restrained <insert name of abducted person> with that intent.

• § 53a-92 (a) (2) (A):  violate or abuse the person sexually.  "To violate or abuse the person sexually" has no technical meaning, and you are to attach to these terms their ordinary common meaning.  It is not necessary that any actual sexual violation or abuse be proved, as long as you determine that the defendant intended to violate or abuse <insert name of abducted person> sexually, and abducted and restrained <insert name of abducted person> with that intent.

• § 53a-92 (a) (2) (B):  accomplish or advance the commission of a felony.  A felony is an offense for which a person may be sentenced to a term of imprisonment in excess of one year.

• § 53a-92 (a) (2) (C):  terrorize the person or a third person.  To terrorize means to scare or to cause intense fear or apprehension.²

• § 53a-92 (a) (2) (D):  interfere with the performance of a government function.

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.>

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 <insert specific allegations of intent>.

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. 

² See State v. Dyson, 238 Conn. 784, 798-99 (1996) ("[w]hile it seems likely that every kidnapping would induce some degree of fear on the part of the abductee, not every perpetrator possesses the specific intent to terrorize his victim"); State v. Crudup, 81 Conn. App. 248, 261, cert. denied, 268 Conn. 913 (2004).