Del. P.J.I. Crim. No. 11.1253

ESCAPE AFTER CONVICTION

In order to find Defendant guilty of Escape after Conviction, you must find

the State has proved the following [three/four [(3)/(4)] elements beyond a

reasonable doubt:

(1) Defendant [pled guilty to/was convicted of] a crime in a court of law;

(2) Defendant escaped from [identify place], where Defendant was

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

Correction]; and

(3) Defendant knew Defendant’s departure was not permitted;

if applicable [and

(4) Defendant ({used force against another person/threatened force against

another person/ possessed a deadly weapon} at the time of the escape/injured

another person {during the escape/from the time of the escape until Defendant was

again placed in custody}).]

"Deadly weapon" includes: firearm, bomb, knife of any sort (other than an

ordinary pocket knife carried in a closed position), switchblade knife, billy,

blackjack, bludgeon, metal knuckles, slingshot, razor, bicycle chain, ice pick or any

dangerous instrument which a person used, or tried to use, to cause death or serious

physical injury. For the purpose of this definition, an ordinary pocket knife is a

folding knife with a blade no longer than 3 inches.

“Escape” means Defendant departed from custody knowing Defendant was

not free to leave.

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