LAW SPECIFIC TO THIS CASE

The state accuses the defendant of having committed the offense of aggravated kidnapping.

Relevant Statutes

A person commits the offense of aggravated kidnapping if the person intentionally or knowingly restricts the movements of another person without consent, so as to interfere substantially with that person’s liberty, by moving that person from one place to another or by confining the person, with intent to prevent that person’s liberation by secreting or holding that person in a place where they are not likely to be found or by using or threating to use deadly force, and the person uses or exhibits a deadly weapon during the commission of the offense.

Definitions

Restraint without Consent

Restraint of another is “without consent” if it is accomplished by force, intimidation, or deception.

Deadly Force

“Deadly force” means force that is intended or known by the person using it to cause death or serious bodily injury or force that in the manner of its use or intended use is capable of causing death or serious bodily injury.

Intentionally Restricting Another’s Movements

A person intentionally restricts another’s movements by moving the other from one place to another or by confining the other if the person has the conscious objective or desire to restrict the other’s movements and to do so by moving the other from one place to another or by confining that other person.

Knowingly Restricting Another’s Movements

A person knowingly restricts another’s movements by moving the other from one place to another or by confining the other if the person is aware that he is restricting the other’s movements and doing so by moving the other from one place to another or by confining that other person.

Intent to Prevent Liberation

A person restrains another with intent to prevent that other person’s liberation by either secreting or holding the other person in a place where that other person is not likely to be found or using or threatening to use deadly force if the person has the conscious objective or desire to prevent the other person’s liberation by either of these methods.

Deadly Weapon

“Deadly weapon” means—

1. a firearm; or
2. anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
3. anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

Firearm

“Firearm” means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.

[Include the following if raised by the evidence.]

“Firearm” does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by chapter 46 of the [include if applicable: Texas Penal Code and that is—

1. an antique or curio firearm manufactured before 1899, or
2. a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition].

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, five elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], intentionally or knowingly restrained [name] by restricting his movements, by either—
   1. moving [name] from one place to another; or
   2. confining [name]; and
2. this was accomplished by force, intimidation, or deception and thus was without consent; and
3. the defendant interfered substantially with [name]’s liberty; and
4. the defendant did this with the intent to prevent [name]’s liberation, by either—
   1. secreting or holding [name] in a place where he was not likely to be found; or
   2. using or threatening to use deadly force; and
5. the defendant used or exhibited a deadly weapon, [a firearm/[other deadly weapon]], during the commission of the offense.

You must all agree on elements 1, 2, 3, 4, and 5 listed above, but you do not have to agree on the method of restraint listed in elements 1.a and 1.b above or on the intent listed in elements 4.a and 4.b above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1, 2, 3, 4, and 5 listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the five elements listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]