State v. Clark

SCHULTZ, Justice.

In this appeal we must determine whether the trial court erred in instructing the jury on the defense of ignorance or mistake of law when the defendants knew their acts were unlawful but did not realize they constituted kidnapping. We conclude the elements of kidnapping merely require proof that defendants deliberately and intentionally did the prohibited act and do not also require proof that they were subjectively aware that they were violating the kidnapping law.

A grand jury indictment was returned against the defendants, Jimmy Lee Clark and Steven LeRoy Heister, charging…