WI · jury_instructions
Wis JI-Criminal 1782
Assisting Escape by Public Officer or Employee
Statutory Definition of the Crime
Assisting escape, as defined in § 946.44(1)(b) of the Criminal Code of Wisconsin, is
committed by a public (officer) (employee) 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 three elements
were present.
Elements of the Crime That the State Must Prove
1. The defendant was a public (officer) (employee). 2
[A "public officer" is any person appointed or elected according to law to
discharge a public duty for the state or one of its subordinate governmental
units.]
[A "public employee" is any person, not an officer, who performs any
official function on behalf of the state or one of its subordinate governmental
units and who is paid from the public treasury of the state or subordinate
governmental unit.]
2. The defendant introduced into the institution, where (name of prisoner) was
detained, something adapted for or useful in making an escape.
3. The defendant acted with the intent to aid a prisoner 3 to escape from custody.
This requires that the defendant had the mental purpose to help (name of
prisoner) escape from custody. 4 "Escape" means to leave custody without
lawful permission or authority. 5
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 three 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 1782 (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
cb6ba33634823157d2a89caad7934d5983a30d810ea6ef1be7f25f7186ceea46
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