4.18.752 Assisting Escape, 18 U.S.C. § 752 See Statute

[Defendant] is accused of aiding or assisting [prisoner]’s escape from [facility] while [he/she] was in federal custody. It is against federal law to aid or assist someone else in [escaping; attempting to escape] from federal custody. For you to find [defendant] guilty of this crime, you must be convinced that the government has proven each of these things beyond a reasonable doubt:

First, that on [date], [prisoner] was in federal custody at [facility];

Second, that [prisoner] was in custody because [he/she] had been [e.g., arrested for a felony charge; convicted of a crime];

Third, that [prisoner] [left; attempted to leave] [facility] without permission;

Fourth, that [prisoner] knew that [he/she] did not have permission to leave; and

Fifth, that [defendant] knew that [prisoner] was [escaping; attempting to escape] and intentionally helped [him/her] to do so.

Comment(s)

(1) See generally Notes to Instruction 4.18.751 for Escape from Custody, 18 U.S.C. § 751.

(2) Section 752 also makes it an offense to instigate an escape. If the facts so warrant, the word “instigate” should be added or substituted for “aid or assist” with appropriate grammatical changes.

(3) The crime of aiding or assisting an escape cannot occur after the escapee reaches temporary safety or a point beyond immediate active pursuit. United States v. DeStefano, 59 F.3d 1, 4-5 & n.6 (1st Cir. 1995). At that point, any further assistance can at most constitute harboring or concealing under 18 U.S.C. § 1072. Id. at 4.

(4) The government need not prove that the defendant was aware of the federal status of the escaped prisoner. United States v. Aragon, 983 F.2d 1306, 1310 (4th Cir. 1993); United States v. Hobson, 519 F.2d 765, 769-70 (9th Cir. 1975); cf. United States v. Feola, 420 U.S. 671, 685 (1975) (“The concept of criminal intent does not extend so far as to require that the actor understand not only the nature of his act but also its consequence for the choice of a judicial forum.”).