ESCAPE IN THE FIRST DEGREE

ESCAPE IN THE FIRST DEGREE: H.R.S. § 710-1020 [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant's name), is charged with the offense of Escape in the First Degree. A person commits the offense of Escape in the First Degree if he/she intentionally employs [physical force] [the threat of physical force] [a dangerous instrument] against the person of another in escaping from [a correctional facility] [a detention facility] [custody]. There are three material elements of the offense of Escape in the First Degree, each of which the prosecution must prove beyond a reasonable doubt. These three elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant escaped from [a correctional facility] [a detention facility] [custody]; and 2. That the Defendant employed [physical force] [the threat of physical force] [a dangerous instrument] against the person of another in escaping; and 3. That the Defendant did so intentionally. Notes H.R.S. §§ 710-1020, 702-206(1). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 710, see instructions: For definition of terms not defined by H.R.S. Chapter 710, see instruction: In a prosecution for escape, "choice of evils" is an affirmative defense. See instruction 7.11.