A person who knowingly subjects another person to unlawful restraint is guilty of Unlawful Imprisonment.

[It is a defense to a prosecution for Unlawful Imprisonment that the Defendant is a parent or a person in an equivalent relation to the person restrained and that the person restrained is a minor.]

ESSENTIAL ELEMENTS OF OFFENSE

The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, knowingly subjected _______________, another human being, to unlawful restraint by [restricting the movement of _______________ unlawfully and without consent, so as to interfere substantially with _______________‘s liberty by removing _______________ from _______________’s place of [residence] [business]] [moving _______________ substantial distance from one place to another] [by confining _______________ for a substantial period of time] [.][; and] [

2) The Defendant, at the time of the action, was not a parent or a person in an equivalent relation to _______________, or that _______________ was not a minor.]

DEFINITIONS [Insert relevant definitions. NDCC 12.1-02-02, 12.1-18-04.] “Equivalent relation” means “parent equivalent” and may be a foster parent or relative acting in loco parentis to the minor at the time of the alleged unlawful restraint.

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