NC · jury_instructions
N.C.P.I.—Crim. 280.20
FELONIOUS ESCAPE. FELONY.
NOTE WELL: Effective December 1, 1997. For offenses
occurring before December 1, 1997, this is a Class I
felony.
If the defendant has been accused of felonious escape
under N.C. Gen. Stat. § 14-256(1)(2), the third element
should be added.
The defendant has been charged with felonious escape.1
For you to find the defendant guilty of this offense, the State must
prove three things beyond a reasonable doubt:
First, that the defendant was
[in the lawful custody of the Division of Adult Correction]
[lawfully confined in a [prison] [jail] [lock-up] facility maintained by
a [county] [municipality] of North Carolina]
[in the lawful custody of a(n) [superintendent] [guard] [officer] of a
[prison] [jail] [lock-up] facility maintained by a [county] [municipality] of
North Carolina.]
Second, that the defendant escaped from custody.2
And Third, that the defendant had been
a) charged with the felony of (name offense) and the defendant
had been committed to the facility pending trial; or
b) convicted of the felony of (name offense) and the defendant
[had been committed to the facility pending transfer to the
state prison system] [was serving a sentence at the facility].
If you find from the evidence beyond a reasonable doubt that on or
about the alleged date the defendant while
[in the lawful custody of the Division of Adult Correction]
[lawfully confined in a [prison] [jail] [lock-up] facility maintained by
a [county] [municipality] of North Carolina]
[in the lawful custody of a(n) [superintendent] [guard] [officer] of
any [prison] [jail] [lock-up] facility maintained by a [county]
[municipality] of North Carolina] did escape, and that the defendant had
been [charged with] [convicted of]
a felony and the defendant [had been committed to the facility pending
[trial] [transfer] to the state prison system] [was serving a sentence at
the facility], it would be your duty to return a verdict of guilty.3 If you do
not find or have a reasonable doubt as to one or more of these things, it
would be your duty to return a verdict of not guilty.
History
N.C.P.I.—Crim. 280.20 (June 2014). N.C. Gen. Stat. §§ 148-45(a), 148-45(b), 14-256(1)(2). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-25
- Edition
- 2026-09-24
- Content hash
7e8ef90af92203b92d9450ae4b596576aa8b0bd584dc662dc5fac41417104c54
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