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Criminal Jury Instructions

Criminal Jury Instructions Home

8.9-2  Escape from Certain Institutions -- § 53-164

Revised to December 1, 2007

The defendant is charged [in count __] with aiding or abetting escape.  The statute defining this offense imposes a punishment on any person who <insert as appropriate:>

  • aids or abets any inmate in escaping from the (Connecticut Juvenile Training School / Southbury Training School).
  • knowingly harbors any inmate from the (Connecticut Juvenile Training School / Southbury Training School).
  • aids in abducting any inmate from the (Connecticut Juvenile Training School / Southbury Training School) who has been paroled from the person or persons to whose care and service such inmate has been legally committed.

For you to find the defendant guilty of this charge, the state must prove beyond a reasonable that <insert one of the following:>

  •  the defendant aided or abetted an inmate in escaping from the (Connecticut Juvenile Training Center / Southbury Training School).  Aiding or abetting here have their ordinary meanings, that is, to intentionally help or assist.  A person acts "intentionally" with respect to a result when (his/her) conscious objective is to cause such result.  <See Intent: Specific, Instruction 2.3-1.>  "Inmate" means a person confined in the (Connecticut Juvenile Training Center / Southbury Training School).  "Escape" means the unlawful departure from the physical limits of custody.
  • the defendant knowingly harbored an inmate who had escaped from the (Connecticut Juvenile Training School / Southbury Training School).  Inmate means a person confined in the (Connecticut Juvenile Training Center / Southbury Training School).  Escape means the unlawful departure from the physical limits of custody.  Harbor means to shelter or give refuge to.  A person acts "knowingly" with respect to conduct or circumstances when (he/she) is aware that (his/her) conduct is of such nature or that such circumstances exist.  <See Knowledge, Instruction 2.3-3.>
  • the defendant aided in abducting an inmate of the (Connecticut Juvenile Training School / the Southbury Training School) who had been paroled from the person or persons to whose care and service such inmate had been legally committed.  An inmate is paroled when the inmate, while still in legal custody, is released from physical confinement pursuant to a lawful order.  "Abduct" means to restrain a person with intent to prevent (his/her) liberation by either (A) secreting or holding (him/her) in a place where (he/she) is not likely to be found, or (B) using or threatening to use physical force or intimidation.  "Restrain" means to restrict a person's movements intentionally and unlawfully in such a manner as to interfere substantially with (his/her) liberty by moving (him/her) from one place to another, or by confining (him/her) either in the place where the restriction commences or in a place to which (he/she) has been moved, without consent.  As used herein "without consent" means, but is not limited to, (A) deception and (B) any means whatever, including acquiescence of the person, if (he/she) is a child less than sixteen years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of (him/her) has not acquiesced in the movement or confinement.1

Conclusion

In summary, the state must prove beyond a reasonable doubt that the defendant <summarize specific allegations>.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of escape, 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 These terms are defined in General Statutes § 53a-91 (1) and (2).  See also Kidnapping in the Second Degree, Instruction 6.5-3.

 


 

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