Home / Jury instructions / HAWJIC 12.04
HAWJIC 12.04
ESCAPE IN THE SECOND DEGREE
Hawaiʻi Pattern Jury Instructions — Criminal · 04/19/96 · compendium p. 703
Statutes:§710-1021
Material elements — the prosecution must prove each beyond a reasonable doubt
material elements of the offense of Escape in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt.
These two 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 did so intentionally.
ESCAPE IN THE SECOND DEGREE: H.R.S. § 710-1021
[In Count (count number) of the Indictment/Complaint, the]
[The] Defendant, (defendant's name), is charged with the offense of Escape in the Second Degree. A person commits the offense of Escape in the Second Degree if he/she intentionally escapes from [a correctional facility]
[a detention facility] [custody].
There are two material elements of the offense of Escape in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt.
These two 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 did so intentionally.
Notes H.R.S. §§ 710-1021, 702-206(1). For definition of states of mind, see instruction: For definition of terms defined by H.R.S. Chapter 710, see instructions:
Also references
Verify against the current official HAWJIC compendium.