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OUJI-CR 8-59

KIDNAPPING - DEFENSE OF CONSENT

The defendant has raised the defense of consent. It is the burden of the State to prove beyond a reasonable doubt that there was no consent to the kidnapping/confining of the other person. Consent of the other person shall not be a defense if (consent was obtained by threat or duress)/(the other person was twelve years of age or younger). If you find that the State has failed to sustain its burden of proof beyond a reasonable doubt, then the defendant must be found not guilty.

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Notes on Use

This instruction should be given where the evidence presented at trial sufficiently raises the defense of consent.

(2013 Supp.)

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