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