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Criminal Jury Instructions

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8.9-3  Aiding Escape of Mentally Ill or Drug Dependent Person -- 53a-171a

Revised to December 1, 2007

The defendant is charged [in count __] with aiding escape from a (hospital / sanitarium1).  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of aiding escape from a (hospital / sanitarium) when he aids the escape from a (hospital / sanitarium) of any person committed thereto as (mentally ill / drug dependent).

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

Element 1 - Aided escape
The first element is that the defendant aided the escape of a person from a (hospital /sanitarium).  Aiding or abetting here have their ordinary meaning, 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.>

"Escape" means the unlawful departure from the physical limits of custody.

Element 2 - Of mentally ill / drug dependent person
The second element is that the person whose escape was aided had been committed by a lawful order to such institution as (mentally ill / drug dependent).  The state does not have to prove that such person was in fact (mentally ill / drug dependent), only that the person was committed as (mentally ill / drug dependent). 


In summary, the state must prove beyond a reasonable doubt that 1) the defendant aided the escape of a person from a (hospital /sanitarium), and 2) that person had been committed to the (hospital /sanitarium), as (mentally ill / drug dependent).

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of aiding the escape of a (mentally ill / drug dependent) person, 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.

1 The statute uses the word "sanatorium."  "Sanitarium" is the proper American spelling of the word.  "Sanatorium" is a British variant spelling.



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