WI · jury_instructions
Wis JI-Criminal 1771
Escape from Custody Resulting from Violation of Probation, Parole, or Extended Supervision
Statutory Definition of the Crime
Escape from custody, as defined in § 946.42(2m) of the Criminal Code of Wisconsin,
is committed by a person who intentionally escapes from the custody of a probation,
parole, or extended supervision agent, or a correctional officer, when that custody
resulted from an allegation or finding of a violation of the rules or conditions of
probation, parole, or extended supervision.
State's Burden of Proof
Before you may find the defendant guilty of this offense, the State must prove by
evidence which satisfies you beyond a reasonable doubt that the following four elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant was in the custody of a (probation agent) (parole agent) (extended
supervision agent) (correctional officer).
"Custody" means the physical custody or authorized physical control of a
person by a (probation agent) (parole agent) (extended supervision agent)
(correctional officer). 1
2. The custody resulted from (an allegation) (a finding) that the defendant violated
the rules or conditions of (probation) (parole) (extended supervision). 2
3. The defendant escaped from custody.
"Escape" means to leave in any manner without lawful permission or
authority. 3
4. The escape from custody was intentional.
This requires that the defendant intentionally escaped from custody, that is,
that the defendant had the mental purpose to escape. 4
Deciding About Intent
You cannot look into a person's mind to find intent. Intent must be found, if found at
all, from the defendant's acts, words, ands statements, if any, and from all the facts and
circumstances in this case bearing upon intent.
Jury's Decision
If you are satisfied beyond a reasonable doubt that all four elements of this offense
have been proved, you should find the defendant guilty.
If you are not so satisfied, you must find the defendant not guilty.
History
Wis JI-Criminal 1771 (2009). Release No. 47, 5/2009. © 2009, Regents, Univ. of Wis. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
a47e024cc464c42c26fd2b308efd600977ddc5ff2c615631963f904a768453da
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