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Offense

Prison Escape

Administration of Justice Offenses

Prison escape is the offense of unlawfully departing from lawful custody, whether from a prison, jail or other correctional facility, or from the custody of an officer during transport or an outside work assignment, committed by a person already held under a criminal charge or conviction. Most legal systems treat escape as a separate offense from whatever crime the person was originally held for, on the reasoning that the escape itself, defying the state's lawful authority to detain, is a distinct wrong regardless of the underlying charge, and a conviction for escape typically adds a further sentence to be served consecutively rather than replacing the original one. The offense is graded in many jurisdictions by the degree of force or planning involved and by the security level of the facility escaped from, with an escape involving violence against a guard, a weapon, or a hostage treated far more severely than an unauthorized failure to return from a supervised outside work program or furlough. Escape investigations and the broader field of correctional security, physical perimeter design, classification of inmates by escape risk, and staff procedure, are closely linked, since most escapes exploit a specific, later-identified gap in physical security or supervision rather than occurring at random.

Facts
Classification Code
Under the main federal escape statute, 18 U.S.C. 751, the offense is classified by the kind of custody the person escaped from rather than by a single fixed grade: escape from custody imposed on a felony charge or conviction is graded most seriously, while escape from custody held for extradition, immigration exclusion or expulsion proceedings, or a misdemeanor charge prior to conviction, is graded less seriously. 1
Typical Penalty
A federal escape from custody held on a felony charge or conviction carries a fine and imprisonment of not more than five years, or both, while an escape from custody held for extradition, immigration proceedings, or a misdemeanor charge prior to conviction carries a fine and imprisonment of not more than one year, or both. 1
Elements of Offense
The federal offense is committed by whoever escapes or attempts to escape from the custody of the Attorney General or an authorized representative, from an institution or facility where the person is confined by the Attorney General's direction, from custody under federal judicial process, or from the custody of a federal officer or employee following a lawful arrest. 1
Notable ExampleSourced to the subject's own account
One of the most famous prison escapes in American history took place on the night of June 11, 1962, when inmates Frank Morris and brothers John and Clarence Anglin escaped from Alcatraz Federal Penitentiary in San Francisco Bay after months of preparation, leaving decoy dummy heads in their beds and departing the island on an improvised inflatable raft; the three were never definitively confirmed dead or alive. 2
Jurisdiction Variation
State law can grade prison escape on an entirely different axis than federal law: rather than classifying by the type of custody as the federal statute does, California Penal Code section 4530 grades an escape by whether force or violence was used, punishing an escape by force or violence with two, four or six years in state prison and an escape without force or violence with sixteen months to three years. 3
Classification
Offense Grade
Serious or Indictable Offense 1
Connections

Has Offense Grade

Entity-backed identity for the offense-grade enum value this offense already carries, resolved to a crime concept by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The offense-grade fact itself stays on the offense unchanged.

Sources
1. 18 U.S. Code section 751 (Cornell LII)
Cornell Law School Legal Information Institute
  • 18 U.S.C. 751(a)
    if the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense, be fined under this title or imprisoned not more than five years, or both; or if the custody or confinement is for extradition, or for exclusion or expulsion proceedings under the immigration laws, or by virtue of an arrest or charge of or for a misdemeanor, and prior to conviction, be fined under this title or imprisoned not more than one year, or both
  • 18 U.S.C. 751(a), opening clause
    Whoever escapes or attempts to escape from the custody of the Attorney General or his authorized representative, or from any institution or facility in which he is confined by direction of the Attorney General
  • 18 U.S.C. 751(a), penalty clause
    be fined under this title or imprisoned not more than five years, or both
View the Source
2. Wikipedia: June 1962 Alcatraz Escape
WikipediaWikipedia lead summary
Quote, Wikipedia lead summary
On the night of June 11, 1962, inmates Frank Morris and brothers John and Clarence Anglin escaped from Alcatraz Federal Penitentiary, the maximum-security prison on Alcatraz Island in San Francisco Bay, California, United States.
View the Source
3. California Penal Code Section 4530 (Justia)
JustiaPenal Code section 4530, subsection (b)
Quote, Penal Code section 4530, subsection (b)
Every prisoner who commits an escape or attempts an escape as described in subdivision (a), without force or violence, is punishable by imprisonment in the state prison for 16 months, or two or three years to be served consecutively.
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