N.J. Model Criminal Jury Charge, N.J.S.A. 2C:29-6a

Approved 1/22/86

ESCAPE IMPLEMENTS - INMATE PROVIDING HIMSELF

(N.J.S.A. 2C:29-6a)

Defendant is charged with the crime of pr oviding himself/herself with an implement for

escape while the defendant was an inmate of an institution or a detention facility.

The relevant statute provides that "an inmate [of an institution or detention facility]

commits an offense if he know ingly and unlawfully procures, makes, or otherwise provides

himself with, or has in his posse ssion, [any weapon, tool or other thing which may be useful for

escape]."

To obtain a conviction on this charge, the State must prove each of the following

elements beyond a reasonable doubt:

(1) That defendant was an inmate of an institution or detention facility;

(2) That defendant procured, made, or otherwise provided himself/herself

with, or had in his/her possession S1;

(3) That S1 is a weapon, tool or othe r thing which may be useful for escape;

and

(4) That defendant acted both knowingly and unlawfully.

For these purposes, an institution or a detent ion facility means any place designed to hold

persons charged with criminal or other offenses while they are awaiting trial or after they have

been convicted.

is such an institution (or such a detention facility).

To procure an item is to acquire or obtain it from another; to make it is to manufacture or

fashion it oneself; to otherwise provide oneself with it is to obtain it in some other way.

Possession is the intentional exercise of dominion and control over an item with knowledge of its

character. For the purposes of this element, it is not necessary that you resolve how or when

defendant may have obtained S1 if you find beyond a reasonabl e doubt that the defendant

procured, made, otherwise provided himself/herself with or possessed S1.

Escape means removal of oneself from official detention in an inst itution or a detention

facility (or a failure to return to official de tention in an institution or a detention facility

following temporary leave for a specific purpose or limited period) without lawful authority.

1

Knowingly. A person acts knowingly with respec t to the nature of his/her conduct or the

attendant circumstances if the pers on is aware that his/her conduct is of that nature, or that such

circumstances exist, or the person is aware of a high probability of their existence. A person acts

1 See the model charge on escape (N.J.S.A. 2C:29-5a) for further discussion on the elements of the crime of

Escape.

ESCAPE IMPLEMENTS - INMATE PROVIDING HIMSELF

(N.J.S.A. 2C:29-6(a))

knowingly with respect to a result of his/her conduc t if the person is aware that it is practically

certain that his/her conduct will cause such a result.

Unlawfully means surreptitiously or contrary to law, regulation or order of the detaining

authority.

Again, the elements of the crime that the State must prove beyond a reasonable doubt are

that defendant was an inmate of an institution or a detention facility; th at defendant procured,

made or otherwise provided himself/herself with or had in his/her possession S1; that S1 is a

weapon, tool or other thing which may be usef ul for escape; and that defendant acted both

knowingly and unlawfully. If you find that the State has failed to prove any one or more of these

elements beyond a reasonable doubt then your verdict should be Not Guilty and you should

deliberate no further. On the other hand, if y ou find that the State has proven all of these

elements beyond a reasonable doubt, then your verd ict should be Guilty and you must deliberate

further to determine the degree of the offense.

Under our law, the crime of providing oneself with an implement for escape while an

inmate of an institution or a detention facility is a crime of the second degree if the implement

for escape is a weapon and a crime of the third de gree if it is not. Therefore, if you find the

defendant Guilty you must determine whether S1 is a weapon to determine the degree of the

offense. A weapon is defined as anything readily capable of leth al use or of in flicting serious

bodily injury.

2

Here, as always, the burden of proof is on the State and the standard is proof beyond a

reasonable doubt. If you find th at the State has proven beyond a reasonable doubt not only that

defendant committed the crime of providing himsel f/herself with an impl ement for escape while

the defendant was an inmate of an institution or a detention facility, but also that the implement

for escape is a weapon, then your verdict should be Gu ilty of the second degree offense. On the

other hand, if you find that the State has pr oven beyond a reasonabl e doubt that defendant

committed the crime of providing himself/herself with an implement for escape while he/she was

an inmate of an institution or a detention facili ty, but you also find that the State has failed to

prove beyond a reasonable doubt th at the implement for escape is a weapon, then your verdict

should be Guilty of the third degree offense.

2 N.J.S.A. 2C:39-1r. See the statute for particular examples.