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Criminal Jury Instructions

Criminal Jury Instructions Home

4.6-6  Escape in the Second Degree -- § 53a-170

Revised to December 1, 2007

The defendant is charged [in count ___] with escape in the second degree.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of escape in the second degree if (he/she) escapes from any correctional institution while employed at work outside such correctional institution.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:  

Element 1 - Confinement
The first element is that defendant at the time of the escape was confined in a correctional institution.  A "correctional institution" is any correctional facility administered by the commissioner of correction.1 

Element 2 - Escaped
The second element is that the defendant escaped from that facility.  "Escape" means to voluntarily leave or depart from.   

Element 3 - While at outside employment
The third element is that the escape occurred while the defendant was employed at work outside the correctional institution to which (he/she) was confined.  In this case, it is alleged that the defendant was employed at <insert name of workplace> and voluntarily left this place of employment without authorization or permission from someone in charge of the defendant. 

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant was confined to a correctional institution, 2) the defendant escaped from that institution, and 3) the escape occurred while the defendant was employed at work outside the institution.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of escape in the second degree, then you shall find the defendant guilty.  On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
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1 General Statutes § 53a-168 defines "correctional institution" for purposes of this offense.
 


 

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