KIDNAPPING--VOLUNTARY RELEASE

KIDNAPPING--VOLUNTARY RELEASE: H.R.S. § 707-720(3) If you find that the prosecution has proven beyond a reasonable doubt that the Defendant committed the offense of Kidnapping, then you must also answer the following three questions on a special interrogatory which will be provided to you: 1. Has the prosecution proven beyond a reasonable doubt that prior to trial the Defendant did not release (name of person) voluntarily? 2. Has the prosecution proven beyond a reasonable doubt that prior to trial the Defendant did not release (name of person) alive and not suffering from serious or substantial bodily injury? 3. Has the prosecution proven beyond a reasonable doubt that prior to trial the Defendant did not release (name of person) in a safe place? You must answer each of these questions separately. Your answer to each of these questions must be unanimous. Notes H.R.S. § 707-720(3). For definition of terms defined by H.R.S. Chapter 707, see instructions: This instruction must be submitted to the jury when there is any evidence in the record to support the instruction. State v. Molitoni, 6 Haw.App. 77, 711 P.2d 1303 (1985). The jury’s answer to an interrogatory of this type, whether affirmative or negative, must be unanimous. See State v. Peralto, 95 Hawai`i 1, 18 P.3d 203 (2001); see also State v. Yamada, 99 Hawai`i 542, 57 P.3d 467 (2002). A "yes" response to any of the three questions results in a Class A felony.