Ala. Pattern Jury Instr. (Criminal) 13A-10-34(A)(2)

Permitting or Facilitating Escape in the First Degree

(Public Servant)

The defendant is charged with permitting or facilitating escape in the first degree.

A person commits the crime of permitting or facilitating escape in the first degree

if he/she is a public servant of a penal facility and intentionally, knowingly or recklessly

permits or facilitates the escape of a person arrested for, charged with or con victed of a

felony.

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

elements:

(1) The Defendant was a public servant of a penal facility, [insert description];

(2) The Defendant permitted or facilitated the escape of a person, [insert

description];

(3) That person had been arrested for, charged with or convicted of a felony,

[insert crime]; (AND)

(4) The Defendant acted intentionally, knowingly or recklessly.

A public servant is any officer or employee of government, including legislators and

judges and any person or agency participating as an adviser, consultant, or otherwise in

performing a governmental function. [13A-10-1(7)]

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)]

A felony is an offense for which a sentence to a term of imprisonment in excess of

one year is authorized by law. [13A-1-2(8)]

A person acts intentionally with respect to a result or to conduct described by a

statute defining an offense when his/ her purpose is to cause that result or to engage in

that conduct. [13A-2-2(1)]

A person acts knowingly with respect to conduct or to a circumstance described

by a statute defining an offense when he/she is aware that his/her conduct is of that nature

or that the circumstance exists. [13A-2-2(2)]

A person acts recklessly with respect to a result or to a circumstance when he/she

is aware of and consciously disregards a substantial and unjustifiable risk that the risk will

occur or that the circumstance ex ists. The risk must be of such nature and degree that

disregard thereof constitutes a gross deviation from the standard of conduct that a

reasonable person would observe in the situation. [13A-2-2(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 the 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 permi tting or facilitating escape in the first degree, then

you shall find the defendant guilty of permitting or facilitating escape in the first degree.

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

permitting or facilitat ing escape in the first degree, then you cannot find the defendant

guilty of permitting or facilitating escape in the first degree.

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

offenses at this point.]

[Approved 8-20-15.]