27.1 [ATTEMPTED] ESCAPE

Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.

Instruction
27.1
Statute
§ 944.40, Fla. Stat.; (including § 945.091(4), Fla. Stat. and § 951.24(4), Fla. Stat.)
Edition
Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
Official source
The Florida Bar: criminal jury instructions

Elements

Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.

To prove the crime of [Attempted] Escape, the State must prove the following two elements beyond a reasonable doubt:

Give as applicable.

1. (Defendant) was a prisoner

a. under arrest.

b. convicted of a crime, sentenced to a term of imprisonment, and confined to a [prison] [jail] [contractor-operated correctional facility] [road camp] [penal institution].

c. being transported to or from a place of confinement.

d. released on furlough from a [prison] [jail] [contractor-operated correctional facility] [road camp] [penal institution].

e. in a [prison] [jail] [contractor-operated correctional facility] [road camp] [penal institution] and was [working on a public road] [participating in a work release program].

2. (Defendant)

a. escaped,

b. attempted to escape by (read overt act from charge),

c. willfully failed to return to [his] [her] place of confinement within the time prescribed,

d. willfully failed to remain within the extended limits of [his] [her] confinement,

intending to avoid confinement.

Lesser-included offenses

As the instruction lists them, word for word.

No lesser included offenses have been identified for this offense.

Related practice page

Escape Charges in Miami

Official source: The Florida Bar: criminal jury instructions

Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.

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