SEQ CHAPTER \h \r 1CR28-181 12/05/05

ESCAPE FROM CORRECTIONAL FACILITY OR LOCKUP – 13 V.S.A. § 1501(a)(1)

The State has charged (Def)_______________ with escape from a [correctional facility] [local lockup], as follows:

[Read the charge.]

Every crime is made up of essential elements.  Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt.  In this case, the essential elements are that on the date and at the place alleged,

(1) (Def)_______________;

(2) was in lawful custody within a [correctional facility] [local lockup]; and

(3) [he] [she] escaped from that facility.

The first essential element is that (Def)_______________ is the person who committed the alleged acts.

The second essential element is that (Def)_______________ was in lawful custody within a [correctional facility] [local lockup].  Lawful custody means that (Def)_______________ was deprived of [his] [her] freedom through a court order.

The last essential element is that (Def)_______________ escaped from that facility.  To escape means to voluntarily depart from lawful custody.  Here the State alleges that (Def)_______________ escaped from lawful custody in (facility)_______________.

All of the elements of the offense must have been present at the same time.  If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty.  However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.