is guilty of kidnapping if he knowingly confines another under his control with a purpose to: (a) Hold him for ransom or as a hostage; or (b) Avoid apprehension by a law enforcement official; or (c) Terrorize him or some other person; or (d) Commit an offense against him. II. Kidnapping is a class A felony unless the actor voluntarily releases the victim without serious bodily injury and in a safe place prior to trial, in which case it is a class B felony. RSA 633:1 (2007). The defendant asserts that our cases treat the “voluntarily releases ... without serious bodily injury,” id., factor as “an element that must be proven by the State and found by the jury beyond a reasonable doubt before a defendant may be sentenced for a class A felony.” See State v. LaRose, 127 N.H. 146, 154 (1985) (<HOLDING>); State v. Goodwin, 118 N.H. 862, 869 (1978)
holding that a defendant is guilty of the class a felony of kidnapping only if the jury finds that the evidence establishes both the class b felony of kidnapping as defined in rsa 63311 and the elements of a class a felony set forth in rsa 6331 ii holding in part that robbery as a class b felony is not necessarily a lesserincluded offense of robbery as a class a felony recognizing that kidnapping under oklahoma law is a felony holding that to maintain a class action the existence of the class must be pleaded and the limits of the class must be defined with some specificity holding that reversal of conviction for felony murder was required where jury failed to find the defendant guilty of the underlying felony as essential element of the felony murder offense