Ala. Pattern Jury Instr. (Criminal) 13A-10-32

Escape in the Second Degree

The defendant is charged with escape in the second degree.

A person commits the crime of escape in the second degree when he/she escapes

or attempts to escape from a penal facility.

To convict, the State must prove beyond a reasonable doubt each of the following

elements:

(1) The Defendant escaped or attempted to escape;

(2) The Defendant was in a penal facility, [insert description] , at the time;

(AND)

(3) The Defendant acted [insert appropriate mens rea element - See Use

Notes].

A penal facility is any security correctional institution for the confinement of persons

arrested for, charged with or convicted of a criminal offense, including but not limited to

the following security facilities: the state penitentiary and any branch thereof or any county

or city jail. [13A-10-30(b)(3)]

[Read as appropriate]: An attempt to commit a crime means that, with the intent

to commit a specific offense, a person did an overt act towards t he commission of that

offense. [13A-4-2(a)]

If you find from the evidence that the State has proved beyond a reasonable doubt

each of the above elements of escape in the second degree, then you shall find the

defendant guilty of escape in the second degree.

If you find that the State has failed to prove any one or more of the elements of

escape in the second degree, then you cannot find the defendant guilty of escape in the

second degree.

[If lesser-included offenses are included, the Court should instruct on those

offenses at this point.]