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

Approved 1/22/86

ESCAPE IMPLEMENTS - INTRODUCING INTO INSTITUTION

OR PROVIDING INMATE

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

Defendant is charged with the crime of introducing an implement for escape into an

institution or a detention facility (or providing an implement fo r escape to an inmate of an

institution or a detention facility).

The relevant statute provides that "A pe rson commits an offense if he knowingly and

unlawfully introduces within an institution or a detention facility (or knowingly and unlawfully

provides an inmate with) 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 S1 is a weapon, tool or othe r thing which may be useful for escape;

(2) That defendant introduced S1 within an institution or a detention facility

(or that defendant provided S1 to an in mate of an institution or a detention

facility); and

(3) That defendant acted both knowingly and unlawfully.

For these purposes, escape means a removal of oneself from offici al detention in an

institution or a detention facility (or a failure to re turn to official detention in an institution or a

detention facility following temporary leave fo r a specific purpose or limited period) without

lawful authority.

1 An institution or a detention facility means any place designed to hold persons

charged with criminal or other offenses while th ey are awaiting trial or after they have been

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

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

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, regulations or order of the detaining

authority.

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

that S1 is a weapon, tool or other thing which may be useful for escape; that defendant

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 - INTRODUCING INTO

INSTITUTION OR PROVIDING INMATE

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

introduced S1 within an institution or a detenti on facility (or that defendant provided S1 to an

inmate of an institution or detention facility ); 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.

2 On the other hand, if you find that the St ate has proven all of these elements beyond a

reasonable doubt, then your verdict should be Guilty and you must deliberate further to

determine the degree of the offense.

Under our law, the crime of introducing an im plement for escape into an institution or a

detention facility (or providing an implement for escape to an inmate of an institution or a

detention facility) is a crime of the second degree if the impl ement for escape introduced (or

provided is a weapon and a crime of the third degree if it is not. Therefore, if you find 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 lethal use or of inflicting serious bodily injury.

3

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

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

defendant committed the crime of introducing an im plement for escape into an institution or a

detention facility (or providing an implement for escape to an inmate of an institution or

detention facility), but also that the implement for escape the defendant introduced (or provided)

is a weapon, then your verdict should be Guilty of the second degree offense. On the other

hand, if you find that the State has proven beyo nd a reasonable doubt that defendant committed

the crime of introducing an implement for escape into an institution or a detention facility (or

providing an implement for escape to an inmate of an institution or detention facility), but you

also find that the State has fa iled to prove beyond a reasonab le doubt that the implement for

escape the defendant introduced (or provided) is a weapon, then your verdict should be Guilty of

the third degree offense.

2 For a lesser included offense where there is an issue as to whether an item provided to an inmate is other

than a "weapon, tool or other thing which may be useful for escape", see the model charge on Providing an Inmate

with Contraband (N.J.S.A. 2C:29-6b).

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