(DEFENDANT'S NAME) is charged [in Count ____ ] with committing Failure to Stop at the Command of a Peace Officer [on or about (DATE)]. You cannot convict [him] [her] of this offense unless, based on the evidence, you find beyond a reasonable doubt each of the following elements:
1. After a peace officer issued a verbal or visual command to stop;
2. (DEFENDANT'S NAME);
3. [Intentionally] [Intentionally, knowingly, or recklessly] fled from or otherwise attempted to elude a peace officer;
4. For the purpose of avoiding arrest.
After you carefully consider all the evidence in this case, if you are convinced that each and every element has been proven beyond a reasonable doubt, then you must find the defendant GUILTY. On the other hand, if you are not convinced that each and every element has been proven beyond a reasonable doubt, then you must find the defendant NOT GUILTY.
References
Utah Code Ann. § 76-8-305.5State v. Young, 2015 UT App 286, 364 P.3d 55Salt Lake City v. Gallegos, 2015 UT App 78, 347 P.3d 842State v. Alvarado, 2023 UT App 123, 538 P.3d 633State v. Bird, 2015 UT 7, 345 P.3d 1141State v. Nelson, 2024 UT App 75, 500 P.3d 495
Committee Notes
This instruction is intended to be used in prosecuting Class A Misdemeanor Failure to Stop at the Command of a Peace Officer. For the Felony Failure to Respond to an Officer's Signal to Stop instruction, use CR1102 or CR1103.
This Committee cannot reach consensus as to whether the act of "fleeing or otherwise attempting to elude a peace officer" requires a mens rea, and if so, whether that mens rea is "intentionally" or "intentionally, knowingly, or recklessly." See State v. Bird, 2015 UT 7, paragraphs 18–24, 345 P.3d 1141; State v. Alvarado, 2023 UT App 123, paragraphs 29–36, 538 P.3d 633; State v. Nelson, 2024 UT App 75, paragraphs 14-17, 550 P.3d 495. Practitioners are encouraged to familiarize themselves with the statute and cases for these positions and draft their own instruction accordingly.
(DEFENDANT'S NAME) is charged [in Count ____] with committing Failure to Respond to an Officer's Signal to Stop [on or about (DATE)]. You cannot convict [him] [her] of this offense unless, based on the evidence, you find beyond a reasonable doubt each of the following elements:
1. (DEFENDANT'S NAME)
2. While operating a vehicle;
3. Knowingly received a visual or audible signal from a law enforcement officer to bring the vehicle to a stop;
4. And after receiving the visual or audible signal, he/she either:
a. Operated the vehicle in willful or wanton disregard of the signal so as to interfere with or endanger the operation of any vehicle or person;
OR
b. Intentionally attempted to flee or elude a law enforcement officer by vehicle or other means.
State v. Bird, 2015 UT 7, 345 P.3d 1141
State v. Simpson, 904 P.2d 709 (Utah Ct. App. 1995)
Utah Code 41-6a-210
If the prosecution relies on alternative theories for an element, the jury packet should include the unanimity instruction found in CR430. The committee encourages practitioners to use a special verdict form or forms to confirm that the jury reached a unanimous verdict.
1. That (DEFENDANT'S NAME)
2. Knowingly received a visual or audible signal from a law enforcement officer to bring the vehicle to a stop; and
3. After receiving the visual or audible signal, [he] [she] [either]:
a. [Operated the vehicle in willful or wanton disregard of the signal so as to interfere with or endanger the operation of any vehicle or person;] [or]
b. [Intentionally attempted to flee or elude a law enforcement officer by vehicle or other means;] and
4 . Caused death or serious bodily injury to another person.
Utah Code 41-6a-210(2)