Criminal Jury Instructions Home

4.6-8  Escape from Custody -- § 53a-171 (a) (2)

Revised to December 1, 2007 (modified June 13, 2008)

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

a person is guilty of escape from custody if such person has been convicted as delinquent, has been committed to the department of children and families, and <insert as appropriate:>

• fails to return from a leave authorized by the commissioner of children and families.

• escapes from a state or private facility or institution in which such person has been assigned or placed by the commissioner of children and families.

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

Element 1 - Delinquent committed to DCF
The first element is that the defendant has been convicted as a delinquent and committed to the department of children and families. 

Element 2 - Escaped or failed to return
The second element is that that the defendant <insert as appropriate:>

• failed to return from a leave authorized by the commissioner of children and families.

• escaped from a state or private facility or institution in which such person has been assigned or placed by the commissioner of children and families.  Escape has its ordinary meaning.  It means to leave custody without the permission of the keeper.

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant has been convicted as a delinquent and committed to the department of children and families, and 2) (he/she) (failed to return from an authorized leave / escaped from <insert name of facility> to which the defendant had been assigned or placed by the commissioner of children and families).

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of escape from custody, 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.

Sentence Enhancer
Section 53a-171 (b) provides an enhanced penalty if the defendant has been arrested for, charged with or convicted of a felony.  The jury must find this fact proved beyond a reasonable doubt.  See Sentence Enhancers, Instruction 2.11-4.