OUJI-CR 8-59


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.


Notes on Use

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

(2013 Supp.)