UJI 14-403. Kidnapping; first degree; essential elements.

For you to find the defendant guilty of [first degree]1 kidnapping [as charged in Count ________2], the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime: 1. The defendant [took]3 [or] [restrained] [or] [confined] [or] [transported] ________________________ (name of victim) by [force]3 [or] [intimidation] [or] [deception] [by ______________________ (describe conduct)];4 [2. The defendant’s act was unlawful];5 3. The defendant intended: [to hold _____________ (name of victim) for ransom6]3 [OR] [to hold _____________ (name of victim) as a [hostage]3 [or] [shield] against __________________ ‘s (name of victim) will [OR] [to inflict [death]3 [or] [physical injury] [or] [a sexual offense] on ________________________ (name of victim)] [OR] [to [make ___________ (name of victim) _____________ (name specific act)]3 [or] [keep ____________ (name of victim) from __________ (name specific act)]3 against _____________’s (name of victim) will, for the purpose of ______________ (identify benefit to defendant)];7 4. The [taking]3 [or] [restraint] [or] [confinement] [or] [transportation] of _______________ (name of victim) was not slight, inconsequential, or merely incidental to the commission of another crime (or name of offense)];8 5. [The defendant did not voluntarily free ____________ (name of victim) in a safe place];3 [OR] [The defendant inflicted physical injury upon _____________ (name of victim) during the course of the kidnapping]; [OR] [The defendant inflicted a sexual offense upon _____________ (name of victim) during the course of the kidnapping]; 6. This happened in New Mexico on or about the ________ day of ______________, ________.