ICJI 602

ICJI 602 ESCAPE-MISDEMEANOR

In order for the defendant to be guilty of Escape, the state must prove each of the following:

1. On or about [date]

2. in the state of Idaho

3. the defendant [name] was [charged with] [convicted of] (describe misdemeanor), a misdemeanor,

[4. and while [in lawful custody of] [confined in]

5. (describe institution or officer or person)

6. [escaped] [attempted to escape].]

[or]

[4. intentionally

5. left [the area of restriction set forth in a court order admitting a person to bail or release on a person's own recognizance with electronic or global positioning system tracking, monitoring and detention] [or] [the area of restriction set forth in a sentencing order,] except for leaving the area of restriction for the purpose of obtaining emergency medical care

6. and had previously been notified in writing by the court at [the time of setting of [bail], [release]] [or] [sentencing] of the consequences of violating the escape statute by intentionally leaving the area of restriction.]

If any of the above has not been proven beyond a reasonable doubt, you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, then you must find the defendant guilty.

Comment

I.C. � 18-2506. State v. Nab, 112 Idaho 1139, 739 P.2d 438 (Ct. App. 1987).