HAR §7-9-5. Correctional custody, escape from

(a) A model specification for the offense of correctional custody, escape from, shall be as follows: "In that _____________________, while duly undergoing the punishment of correctional custody, did (at) (on board) _____________________, on or about _____________________, 19__, escape from correctional custody." (b) The elements of the offense of correctional custody, escape from, shall be as follows: (1) That the accused was duly placed in correctional custody at the place alleged; (2) That, while in the correctional custody, the accused was under physical restraint imposed; (3) That the accused knew of this correctional custody and the limits of the physical restraint imposed; (4) That, at the time and place alleged the accused freed the accused's self from the physical restraint of this correctional custody before the accused had been released by proper authority; and (5) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the state military forces. (c) As used in this section, "correctional custody" means physical restraint of a person during duty or nonduty hours, or both imposed as a non-judicial punishment under section 124A-21, [Eff: FEB 11 1985] (Auth: HRS §§124A-155, 124A-171) (Imp: HRS §124A-155) BACK TO TOP