person or institution having lawful control or custody of him or her has not acquiesced in the movement or confinement.7 Deadly physical force means physical force which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury.8 Serious physical injury means impairment of a person's physical condition which creates a substantial risk of death or which causes death or serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ.9 Intent means conscious objective or purpose.10 Thus, a person acts with intent to prevent liberation either by another’s secreting or holding him or her in a place where he or she is not likely to be found, or by using or threatening to use deadly physical force, when that conscious objective or person’s purpose is to do so. In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, each of the following six elements: 1. That on or about , in the County of (date) (county) , the defendant, (defendant's name), restricted (specify)'s movements in such manner as to interfere substantially with his/her liberty by moving him/her from one place to another, or by confining him/her either in the place where the restriction commenced or in a place to which he/she had been Penal Law § 135.00(1). See 7 See, Penal Law § 10.00(11). 8 See Penal Law § 10.00(10). 9 See Penal Law § 15.05(1). 10
person or institution having lawful control or custody of him or her has not acquiesced in the movement or confinement.7 Deadly physical force means physical force which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury.8 Serious physical injury means impairment of a person's physical condition which creates a substantial risk of death or which causes death or serious and protracted disfigurement, protracted impairment of health, or protracted loss or impairment of the function of any bodily organ.9 Intent means conscious objective or purpose.10 Thus, a person acts with intent to prevent another’s liberation either by secreting or holding him or her in a place where he or she is not likely to be found, or by using or threatening to use deadly physical force, when that person’s conscious objective or purpose is to do so. In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, each of the following six elements: 1. That on or about (date) , in the County of (county) , the defendant, (defendant's name), restricted (specify)'s movements in such manner as to interfere substantially with his/her liberty by moving him/her from one place to another, or by confining him/her either in the place where the restriction commenced or in a place to which he/she had been 7 See Penal Law § 135.00(1). 8 See, Penal Law § 10.00(11). 9 See Penal Law § 10.00(10). 10 See Penal Law § 15.05(1).
135-25(2)(b)(c)(d).docx