• 2003 - Escape (By Use of Weapon)
  • K-14.10
    • Detention
    • Escape
    • Flight
    • Force
    • Prisons
    • Public Crimes
    • Public Crimes
    • Weapons

  • A person who, [without lawful authority, willfully removes or attempts to remove that person from official detention or fails willfully to return to official detention following temporary leave granted for a specified purpose or limited period][is subject to official detention, if while outside the state of North Dakota and without lawful authority, removes or attempts to remove himself from official detention, or fails to return to official detention following temporary leave granted for a specified purpose or limited period, when at the time the person is in the legal custody of a warden of the penitentiary, department of corrections and rehabilitation, or other competent authority by virtue of a lawful commitment to official detention], and who uses a firearm, destructive device, or otherwise dangerous weapon in effecting or attempting to effect the actor's removal from official detention, is guilty of Escape.

     

    ESSENTIAL ELEMENTS OF OFFENSE

     

    The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

     

    1) On or about [month] [day] [year], in [County], North Dakota, the Defendant, _______________, [without lawful authority willfully [removed or attempted to remove that person from official detention] [failed to return to official detention following temporary leave granted for a specified purpose or limited period]][is subject to official detention, if while outside the state of North Dakota and without lawful authority, removes or attempts to remove himself from official detention, or fails to return to official detention following temporary leave granted for a specified purpose or limited period, when at the time the person is in the legal custody of a warden of the penitentiary, department of corrections and rehabilitation, or other competent authority by virtue of a lawful commitment to official detention]; and

     

    2) The Defendant used a firearm, destructive device, or other dangerous weapon in effecting or attempting to effect the actor's removal from official detention.

     

    DEFINITIONS [Insert relevant definitions. NDCC12.1-02-02, K - 14.15.]


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    • 12.1-08-06
    • Benzmiller v. Swanson, 117 NW2d 281 (ND 1962)
    • Stokes v. Dailey, 97 NW2d 676 (ND 1959)
    • Winkjer v. Herr, 277 NW2d 579 (ND 1979)
  • Notes: