CRIMINAL RESTRAINT
(N.J.S.A. 2C:13-2a)
The defendant is charged with the crime of criminal restraint, in that (he/she) allegedly ______________________________. (Read indictment)
(He/she) is accused of a violation of our law, particularly 2C:13-2a. That section reads in pertinent part as follows:
A person is guilty of criminal restraint if he knowingly ...
(a) Restrains another unlawfully in circumstances exposing the other to risk of serious bodily injury...
In order for you to find the defendant ____________________, guilty of this offense, the State must prove the essential elements of this offense to you beyond a reasonable doubt. They are,
1. That the defendant ____________________ knowingly restrained ____________________ and
2. That the restraint was known by the defendant to be unlawful ... and
3. The restraint was under circumstances exposing ____________________ to the risk of serious bodily injury.
Now I have used the terms of restraint, knowingly, unlawfully and serious bodily injury.
The word restraint means confinement, abridgement or limitation. Restraint involves hinderance, confinement or restriction of liberty.1
A person acts knowingly with respect to the nature of (his/her) conduct or the attendant circumstances if (he/she) is aware that (his/her) conduct is of that nature, or that such circumstances exist, or (he/she) is aware of a high probability of their existence. A person acts knowingly with respect to a result of (his/her) conduct if (his/her) conduct will cause such a result. "Knowing," "with knowledge" or equivalent terms have the same meaning.2
You will note that I have used the term unlawful. (If the person alleged to have been ......restrained is over the age of 14 and not incompetent, use the following).
The term "unlawful" means to accomplish the ......restraint...by force, threat or deception .....3 (If the person....restrained....is under the age of 14 or incompetent, use the following).
The term "unlawful" means to accomplish the ......restraint.....without the consent of the parent, guardian or other person responsible for the general supervision of (his/her) welfare.4
The term serious bodily injury means bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement or protracted loss or impairment of the functions of any bodily member or organ.5
If after a consideration of all of the evidence you are convinced beyond a reasonable doubt that the defendant ____________________ knowingly unlawfully restrained ____________________ and that said restraint exposed ____________________ to a risk of serious bodily injury, then your verdict should be guilty.
If, however, after a consideration of all of the evidence you find that the State has failed to prove each and every element of the offense beyond a reasonable doubt, your verdict must be not guilty.