WI · jury_instructions
Wis JI-Criminal 1774
Escape from Custody: Jail or Prison Escape
Statutory Definition of the Crime
Escape from custody, as defined in § 946.42(3)(a) of the Criminal Code of
Wisconsin, is committed by a person who intentionally escapes from custody when that
custody resulted from being sentenced for a crime.
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 custody.
"Custody" means the physical control of a person by (an institution) (a peace
officer) (an institution guard). 1 (A person is also in custody when temporarily
outside an institution for the purpose of working or receiving medical care or
other authorized purpose.) 2
ADD THE FOLLOWING IF THE CASE INVOLVES FAILURE TO
REMAIN WITHIN THE LIMITS OF A HOME DETENTION
PROGRAM UNDER § 302.425.
[Escape includes the intentional failure to remain within the limits of a home
detention program.] 3
2. The custody was the result of being sentenced 4 for a crime. 5
AT THE REQUEST OF THE DEFENDANT, THE FOLLOWING
CAUTIONARY INSTRUCTION SHOULD BE GIVEN:
[While evidence that the defendant was in custody as the result of a prior
criminal conviction is an essential element of this offense, it must not be used for
any other purpose (than determining the weight and credit to be given to
testimony). 6 Particularly, you should bear in mind that conviction of the
defendant of a crime at some previous time is not proof that the defendant is
guilty of the offense which is now charged.] 7
3. The defendant escaped from custody.
Escape means to leave in any manner without lawful permission or
authority. 8
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. 9
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, and 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 1774 (2008). Release No. 46, 5/2008. © 2008, 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
c3cc57479f18b9b722d8fb905c6485ab9e05e7ad9c9907d0be8d0ea9bf6e21d1
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