The jury in this case found defendant guilty of first-degree kidnapping, N.J.S.A. 2C:13-1(b), when he subjected his victim to four to five hours of uninterrupted sexual abuse. On appeal, defendant contended that the kidnapping charge should not have been presented to the jury because, notwithstanding the extended duration of the criminal attack, the victim's confinement was incidental to, and not independent from, the underlying sex crime with which defendant was separately charged.
Authoritative precedent interpreting the kidnapping offense defined in the New Jersey Code of Criminal Justice makes clear that not every confinement is a kidnapping. State v. LaFrance, 117 N.J. 583, 586 (1990). N.J.S.A. 2C:13-1(b) has been interpreted to require the State to prove that the victim's restraint was not merely incidental to the underlying substantive crime. Id. at 591. A key question is whether the circumstances of the confinement created a significant danger to the victim independent of the risk of harm posed by the underlying offense. Id. at 587.
Applying those legal principles to the particular facts of this case, this court concluded that the force and threats defendant used to physically restrain the victim were the same force and threats he used to commit the underlying sex crime. A close review of the proofs presented by the State at trial show there was never a point during the prolonged criminal episode when the victim was being restrained but was not being sexually abused. In other words, the acts constituting the alleged kidnapping were coextensive and coterminous with the acts constituting the alleged sexual assault. This court also concluded that the risk of harm the victim faced throughout her hours-long ordeal, while substantial, was not independent of the danger posed to her by defendant's continuous sexual attack.
Accordingly, the State failed to present sufficient evidence to submit the kidnapping count to the jury, and defendant was therefore entitled to a directed verdict of acquittal on that charge. This court's ruling with respect to the kidnapping charge does not affect defendant's convictions for aggravated criminal sexual contact and aggravated assault, and does not affect his sentence to parole supervision for life as a convicted sex offender.