New Mexico Forms Library
Decision Information
Chapter 30 - Criminal Offenses - cited by 5,731 documents
Chapter 33 - Correctional Institutions - cited by 1,028 documents
Rule Set 14 - Uniform Jury Instructions — Criminal - cited by 1,769 documents
Decision Content
14-2228C. Escape; community custody release program; essential elements.1
For you to find the defendant guilty of escape from a community custody 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 charged with a [misdemeanor] [felony]3 offense4;
2. The defendant was not on probation or parole;4
3. The defendant was committed to a judicially approved community custody release program;
4. Under the procedures and conditions of the program, the defendant was required to ________________________________________________ (describe the program requirement(s) allegedly violated);
5. The defendant [failed to comply] [attempted to avoid complying]3 with the requirement to ___________________________________________________________ (describe the program requirement) [by ____________________________________________ (describe the substantial step toward attempting to escape)]5;
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 community custody release program under NMSA 1978, Section 30-22-8.1 (1999). 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 penitentiary inmate-release program established under NMSA 1978, Sections 33-2-43 to -47 (1969, as amended through 1980), use UJI 14-2228B NMRA.
2. Insert the count number if more than one count is charged.
3. Use the applicable alternative.
4. Essential element, but rarely at issue; see Committee commentary.
5. For attempts to escape, specify the act(s) allegedly constituting a substantial step toward escape and give UJI 14-2801 NMRA following this instruction. For completed offenses, UJI 14-141 NMRA must be given following this instruction.
[Adopted by Supreme Court Order No. 22-8300-031, effective for all cases pending or filed on or after December 31, 2022.]