A public servant concerned in official detention who [recklessly] [negligently] permits a person in official detention pursuant to process issued by a [Court] [Judge] [Magistrate] to escape, is guilty of a public servant permitting 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, _______________, was a public servant concerned in the official detention of _______________ pursuant to certain process, _______________, issued by a [Court] [Judge] [Magistrate]; and
2) While so concerned, the Defendant, _______________, [recklessly] [negligently] permitted the escape of _______________.
DEFINITIONS See 12.1-08-06. [Insert other relevant definitions. NDCC 12.1-01-04, 12.1-02-02.]