Iowa J.I. Crim. § 400.18 (2018)

Iowa Criminal Jury Instructions


400.18 Justification – Elements – Necessity in Escaping From Place of Confinement

A person is justified in escaping from a place of confinement when it is the only choice available.

If the State has proved any one of the following elements, the defendant was not justified.

1. The defendant was not faced with a [specific threat of death] [forcible sexual attack] [substantial bodily injury] in the immediate future.

2. [There was time for a complaint to the authorities] [There did not exist a history of futile complaints which made complaints to the authorities meaningless].

3. There was [time] [opportunity] to resort to the courts.

4. There was [force] [violence] used toward prison personnel or other innocent persons in the escape.

5. The defendant did not immediately report to the proper authorities when [she] [he] reached a position of safety from the immediate threat.