SEQ CHAPTER \h \r 1CR24-556 01/10/06

 

AGGRAVATED MURDER (EFFECTING ESCAPE), 13 V.S.A. § 2311(a)(5)

 

[Explanation: The statute, § 2311, lists 8 categories of aggravating factors.  When the defendant is charged with aggravated murder, the aggravation element is added to the underlying charge of murder under § 2301.  The following is a statement of the element to be added, plus a short explanation, for use when the above-described aggravating factor is charged.]

 

 

(__) (Def)_______________ committed the murder for the purpose of [escaping] [effecting an escape by (other person)_______________] from the lawful custody of a law enforcement officer.

 

The _____ essential element is that (Def)_______________ committed the murder for the purpose of [escaping] [effecting an escape by (other person)_______________] from the lawful custody of a law enforcement officer.  The term law enforcement officer means any state police officer, sheriff, [deputy sheriff] [special deputy sheriff] [municipal police officer] [constable] [game warden], or other person authorized to make an arrest.  Lawful custody means that the law enforcement officer holds or detains [(Def)_______________ ] [(other person)_______________] based on the officer’s legal authority.  To escape means to leave the lawful custody without permission.

You may find that (Def)_______________ acted with the specific purpose charged by the State, if it was [his] [her] conscious objective to [escape] [effect the escape of (other person)_______________] from the lawful custody of a law enforcement officer.