The state accuses the defendant of having committed the offense of escape.

Relevant Statutes

A person commits the offense of escape if the person intentionally or knowingly escapes from custody when the person is [under arrest for, lawfully detained for, charged with, or convicted of an offense/in custody pursuant to a lawful order of a court/detained in a secure detention facility/in the custody of a juvenile probation officer for violating an order imposed by the juvenile court] [include relevant phrase depending on the felony: and the person [was under arrest for, charged with, or convicted of a felony]/[was confined or lawfully detained in a secure correctional facility or law enforcement facility]/[was committed to or lawfully detained in a secure correctional facility, other than a halfway house, operated by or under contract with the Texas Youth Commission]/[caused bodily injury or serious bodily injury to effect the escape]/[used or threatened to use a deadly weapon to effect the escape]].

[Include the following if the state does not rely on proof that the accused was “detained” and some evidence suggests the custody was unlawful.]

Whether or not the custody from which the defendant escaped was lawful is of no significance for the defendant’s guilt or innocence.

Definitions

Escape

“Escape” means to [depart without authorization from custody/fail to return to custody following temporary leave for a specific purpose or limited period of time that is part of an intermittent sentence]. Violation of the conditions of community supervision or parole other than conditions that impose a period of confinement in a secure correctional facility does not constitute escape.

Custody

“Custody” means—

1. under arrest by a peace officer; or
2. under restraint by a public servant pursuant to an order of a court of this state or another state of the United States; or
3. under restraint by an agent or employee of a facility that is operated by or under contract with the United States and that confines persons arrested for, charged with, or convicted of criminal offenses.

Secure Correctional Facility

“Secure correctional facility” means—

1. a municipal or county jail; or
2. a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice.

Intentionally Escape from Custody

A person intentionally escapes from custody if the person has the conscious objective or desire to engage in conduct constituting escape from custody.

Knowingly Escape from Custody

A person knowingly escapes from custody if the person is aware that the person’s conduct constitutes escape from custody.

Bodily Injury

“Bodily injury” means physical pain, illness, or any impairment of physical condition.

Serious Bodily Injury

“Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Deadly Weapon

“Deadly weapon” means—

1. a firearm; or
2. anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
3. anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, [two/three] elements. The elements are that—

1. the defendant, in [county] County, Texas, on our about [date], intentionally or knowingly escaped from the custody of [ insert specific allegations, e.g., [name], a peace officer]; [and]
2. this occurred when the defendant was [insert specific allegations, e.g., under arrest for the offense of possession of a controlled substance][./; and]

[Include one of the following if applicable.]

3. the offense for which the defendant was under arrest, [insert specific offense, e.g., possession of a controlled substance] was a felony.

[or]

3. the defendant was [confined/lawfully detained] in a secure correctional facility or law enforcement facility.

[or]

3. the defendant was committed to or lawfully detained in a secure correctional facility, other than a halfway house, operated by or under contract with the Texas Youth Commission.

[or]

3. the defendant, to effect the escape, caused bodily injury.

[or]

3. the defendant, to effect the escape, caused serious bodily injury.

[or]

3. the defendant, to effect the escape, [used/threatened to use] a deadly weapon.

You must all agree on elements [1 and 2/1, 2, and 3] listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or [both/more] of elements [1 and 2/1, 2, and 3] listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, [both/all three] elements listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]