In the context of First Degree Kidnapping, which act does NOT fall under its elements?

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First Degree Kidnapping involves the unlawful restraint or confinement of another person, typically with certain aggravating factors such as intent to ransom or use the individual as a shield. To establish First Degree Kidnapping, the act of restraining someone must be against their will, meaning consent cannot be a factor.

When someone restrains another person with their consent, it does not constitute kidnapping, as consent implies that the individual has agreed to the situation being presented. The essence of kidnapping lies in the wrongful taking or confinement of another person without their consent. This contrasts sharply with the other acts mentioned, which inherently involve coercion or manipulation, fulfilling the criteria that elevate those actions to First Degree Kidnapping. Thus, restraining a person with their consent clearly deviates from the standard definitions and criteria necessary for the charge of First Degree Kidnapping.

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