WI · jury_instructions
Wis JI-Criminal 1781
Assisting Escape
Statutory Definition of the Crime
Assisting escape, as defined in § 946.44(1)(b) of the Criminal Code of Wisconsin, is
committed by one who, with intent to aid any prisoner to escape from custody, introduces
into the institution 1 where the prisoner is detained anything adapted for or useful in
making an escape.
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 two elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant introduced into the institution, where (name of prisoner) was
detained, something adapted for or useful in making an escape.
2. The defendant acted with the intent to aid a prisoner 2 to escape from custody.
This requires that the defendant had the mental purpose to help (name of
prisoner) escape from custody. 3 "Escape" means to leave custody without
lawful permission or authority. 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, 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 both 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 1781 (2008). Release No. 46, 5/2008. © 2080, 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
022ae8ac75c7f053eb863bda5f9ecd5931326d43d87a7b66000552fea39960d1
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