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DE · jury_instructions

Del. P.J.I. Crim. No. 11.1252

Escape in the Second Degree

activein force · 2022-03-14 – presentcompiled-edition

ESCAPE IN THE SECOND DEGREE

In order to find Defendant guilty of Escape in the Second Degree, you must

find the State has proved the following two (2) elements beyond a reasonable

doubt:

(1) Defendant escaped from a detention facility, where Defendant was

[held/detained] by the [Department of Health and Social Services/Department of

Correction]; and

(2) Defendant knew Defendant’s departure was not permitted.

“Escape” means Defendant departed from custody knowing Defendant was

not free to leave.

"Custody" means any restraint pursuant to arrest, detention or court order.

“Detention facility” means any place used for the confinement of a person

[charged with an offense/charged with being a delinquent child/held for extradition

or as a material witness/otherwise confined pursuant to an order of the court].

Provenance

Source
courts.delaware.gov
Retrieved
2026-09-23
Edition
crim-2022-03-14
Content hash
51de5d7a615f6735e623a7ca5eaab3481913d5120a60505b5ad9d8f477bf86c3
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