KIDNAPPING –INJURY OR SEXUAL OFFENSE

KIDNAPPING –INJURY OR SEXUAL OFFENSE: H.R.S. § 707-720(1)(d) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Kidnapping. A person commits the offense of Kidnapping if he/she intentionally or knowingly restrains another person with intent to [inflict bodily injury upon that person] [subject that person to a sexual offense]. There are three material elements of the offense of Kidnapping, each of which the prosecution must prove beyond a reasonable doubt. These three elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant restrained another person; and 2. That the Defendant did so intentionally or knowingly; and 3. That the Defendant did so with the intent to [inflict bodily injury upon that person] [subject that person to (name of sexual offense or included sexual offense)*]. Notes H.R.S. §§ 707-720(1)(d), 702-206(1) and (2). For definition of states of mind, see instructions: For definition of terms defined by H.R.S. Chapter 707, see instructions: *The court should instruct as to the elements of the sexual offense or included sexual offenses (and any applicable defense that vitiate intent), unless such sexual offenses are otherwise charged.