Maximum punishment

DD, TF, life without eligibility for parole, E-1. (Category 3)

Sample specification

In that __________, (personal jurisdiction data), did, (at/on board—location), on or about __________, wrongfully (seize) (confine) (inveigle) (decoy) (carry away) and hold __________ (a minor whose parent or legal guardian the accused was not) (a person not a minor) against (his) (her) will.

Elements

(1) That (state the time and place alleged), the accused (seized) (confined) (inveigled) (decoyed) (carried away) (state the name of the alleged victim);

(2) That the accused then held (state the name of the alleged victim) against (his) (her) will; and

(3) That the accused did so wrongfully.

Definitions & other instructions

(“Inveigle” means to lure, lead astray, or entice by false representations or other deceitful means. For example, a person who entices another to ride in a car with a false promise to take the person to a certain destination has inveigled the passenger into the car.)

(“Decoy” means to entice or lure by means of some fraud, trick, or temptation. For example, one who lures a child into a trap with candy has decoyed the child.)

“Held” means detained. The holding must be more than a momentary or incidental detention. (For example, a robber who holds the victim at gunpoint while the victim hands over a wallet, or a rapist who throws his victim to the ground, does not, by such acts, commit kidnapping. On the other hand, if, for example, before or after such robbery or rape, the victim is involuntarily transported some substantial distance, as from a housing area to a remote area of the base or post, this may be kidnapping, in addition to robbery or rape.)

“Against the person’s will” means that the victim was held involuntarily. The involuntary nature of the detention may result from force, mental or physical coercion, or from other means, including false representations. (If the victim is incapable of having a recognizable will, as in the case of a very young child or a mentally incompetent person, the holding must be against the will of the victim’s parents or legal guardian.) (Evidence of the availability or nonavailability to the victim of some means of exit or escape is relevant to the voluntariness of the detention, as is evidence of threats or force, or lack thereof, by the accused to detain the victim.)

(The holding need not have been for financial or personal gain or for any other particular purpose.)

“Wrongfully” means without justification or excuse. (For example, a law enforcement official may justifiably apprehend and detain, by force if reasonably necessary, a person reasonably believed to have committed an offense.)