Conn. Crim. Jury Instr. 8.9-2

The defendant is charged [in count__] with aiding or abetting escape. The statute defining this

offense imposes a punishment on any person who <insert as appropriate:>

• aids or abets any inmate in escaping from the (Connecticut Juvenile Training School /

Southbury Training School).

• knowingly harbors any inmate from the (Connecticut Juvenile Training School /

Southbury Training School).

• aids in abducting any inmate from the (Connecticut Juvenile Training School / Southbury

Training School) who has been paroled from the person or persons to whose care and

service such inmate has been legally committed.

For you to find the defendant guilty of this charge, the state must prove beyond a reasonable that

<insert one of the following:>

• the defendant aided or abetted an inmate in escaping from the (Connecticut Juvenile

Training Center / Southbury Training School). Aiding or abetting here have their

ordinary meanings, 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.> “Inmate” means a person confined in the

(Connecticut Juvenile Training Center / Southbury Training School). “Escape” means

the unlawful departure from the physical limits of custody.

• the defendant knowingly harbored an inmate who had escaped from the (Connecticut

Juvenile Training School / Southbury Training School). Inmate means a person confined

in the (Connecticut Juvenile Training Center / Southbury Training School). Escape

means the unlawful departure from the physical limits of custody. Harbor means to

shelter or give refuge to. A person acts “knowingly” with respect to conduct or

circumstances when (he/she) is aware that (his/her) conduct is of such nature or that such

circumstances exist. <See Knowledge, Instruction 2.3-3.>

• the defendant aided in abducting an inmate of the (Connecticut Juvenile Training School

/ the Southbury Training School) who had been paroled from the person or persons to

whose care and service such inmate had been legally committed. An inmate is paroled

when the inmate, while still in legal custody, is released from physical confinement

pursuant to a lawful order. “Abduct” means to restrain a person with intent to prevent

(his/her) liberation by either (A) secreting or holding (him/her) in a place where (he/she)

is not likely to be found, or (B) using or threatening to use physical force or intimidation.

“Restrain” means to restrict a person’s movements intentionally and unlawfully in such a

manner as to interfere substantially with (his/her) liberty by moving (him/her) from one

place to another, or by confining (him/her) either in the place where the restriction

commences or in a place to which (he/she) has been moved, without consent. As used

herein “without consent” means, but is not limited to, (A) deception and (B) any means

whatever, including acquiescence of the person, if (he/she) is a child less than sixteen

years old or an incompetent person and the parent, guardian or other person or institution

having lawful control or custody of (him/her) has not acquiesced in the movement or

confinement.1

Conclusion

In summary, the state must prove beyond a reasonable doubt that the defendant <summarize

specific allegations>.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of escape, 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 guilty.

1 These terms are defined in General Statutes § 53a-91 (1) and (2). See also Kidnapping in the

Second Degree, Instruction 6.5-3.