SEQ CHAPTER \h \r 1CR28-183 12/05/05

ESCAPE FROM CUSTODY OF OFFICER – 13 V.S.A. § 1501(a)(2)

The State has charged (Def)_______________ with escape from the custody of a law enforcement officer, 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 of a law enforcement officer;

(3) as the result of a [felony] [misdemeanor], specifically _______________;

(4) [he] [she] escaped from the custody of the officer.

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 of a law enforcement officer.  Lawful custody  means that (Def)_______________ was deprived of [his] [her] freedom through a proper exercise of authority.  A law enforcement officer is 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 does not exist until a law enforcement officer makes an arrest.  A law enforcement officer may arrest a person when the officer has probable cause to believe that the person has committed an offense.  To make an arrest, the officer must acquire and exercise control over the arrested person.  That person must be restrained of his or her liberty.  If the person submits to the authority of the officer, then he or she is in custody with or without any physical contact.  If the person does not submit to the officer’s order of arrest, then the officer must physically restrain the person for there to be an arrest.

The third essential element is that the law enforcement officer’s custody of (Def)_______________ came about as a result of a [felony] [misdemeanor].  Here the State alleges that (Def)_______________ was taken into custody for _______________.  The offense of _______________ is a [felony] [misdemeanor].

The last essential element is that (Def)_______________ escaped from the custody of the law enforcement officer.  To escape means to voluntarily depart from lawful custody.

Here the State alleges that (Def)_______________ escaped from the lawful custody of (officer)_______________, which came about as a result of the [felony] [misdemeanor] of (offense)_______________.

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.