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