14-2220. Unlawful rescue; felony; capital felony; essential elements.
For you to find the defendant guilty of unlawful rescue [as charged in Count __________]1, the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime:
1. __________________ (name of prisoner) was in [custody of __________________ (name of peace officer)]2 [confinement];
2. __________________ (name of prisoner) was [under conviction of __________________3]2 [charged with __________________3];
3. The defendant freed __________________ (name of prisoner);
4. This happened in New Mexico on or about the __________ day of ______________, __________.
USE NOTES
1. Insert the count number if more than one count is charged.
2. Use only the applicable bracketed element established by the evidence.
3. Insert name of crime.