New Mexico Forms Library

14-2228B. Escape; penitentiary release program; essential elements.¹

For you to find the defendant guilty of escape from a penitentiary release program [as charged in Count ____________]², the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime:

1.   The defendant was committed to __________________ (identify institution);

2.   The defendant was released from __________________ (identify institution) to __________________ (describe purpose for release);

3.   The defendant failed to return to confinement within the time fixed for the defendant’s return;

4.   The defendant’s failure to return was willful, without sufficient justification or excuse³;

5.   The defendant intended not to return within the time fixed³;

6.   This happened in New Mexico on or about the __________ day of ______________, ________.

USE NOTES

1.   This instruction is to be used for escape from a penitentiary inmate-release program established under NMSA 1978, Sections 33-2-43 to -47 (1969, as amended through 1980). For escape from a county or municipal jail initiated prisoner-release program established under NMSA 1978, Section 33-3-24 (1981), use UJI 14-2228A NMRA. For escape from a community custody release program under NMSA 1978, Section 30-22-8.1 (1999), use UJI 14-2228C NMRA.

2.   Insert the count number if more than one count is charged.

3.   This element is necessary to comply with State v. Rosaire, 1997-NMSC-034, 123 N.M. 701, 945 P.2d 66.

[Adopted by Supreme Court Order No. 22-8300-031, effective for all cases pending or filed on or after December 31, 2022.]