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Fill and Sign the Jury Instruction Kidnapping Form

Fill and Sign the Jury Instruction Kidnapping Form

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40 Kidnapping 18 USC § 12 01(a)(1) Title 18, United States Code, Section 1201, makes it a Federal crime or offense for anyone to kidnap another person and then transport that person in interstate commerce. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant knowingly and willfully seized, confined, inveigled or kidnapped the person described in the indictment, as charged; Second: That the Defendant held such person for ransom or reward or other benefit which the Defendant intended to derive from the kidnapping; and Third: That such person was thereafter transport ed in interstate commerce while so confined, inveigled or kidnapped. To " inveigle" a person means to lure, or entice, or lead the person astray by false representations or promises, or other deceitful means. To " kidnap" a person means to forcibly and unlawfully hold, keep, detain and confine t he person against his or her will. So, involuntariness or coercion in connection with t he victim' s detention is an essential part of the offense. It need not be proved, how ever, that a kidnapping was carried out for ransom or personal monetary gain so long as it is proved that the Defendant act ed willfully, intending t o gain some benefit from the kidnapping. " Interstate commerce" means commerce or t ravel between one state and another state. A person is transported in interstate commerce whenever that person moves across state lines from one state into another state. ANNOTATIONS AND COMMENTS 18 USC § 12 01 (a)(1) provides: Whoever unlawfully seizes, confines, inveigles, decoys, kidnaps, abduct s, or carries away and holds for ransom or reward or otherwise any person [and willfully transports such person in interstate or foreign commerce] [shall be guilty of an offense against the United States]. Maximum Penalty: Imprisonment for any term of years or for life.

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