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1803. Elements Of The Offense Of Escape From Custody -- Generally

There are three elements necessary to constitute the federal offense of escape: (1) an escape; (2) from the custody of the Attorney General, or confinement in an institution where the prisoner is confined by the direction of the Attorney General; and (3) when such custody or confinement is pursuant to a judgment of conviction or other process issued under the laws of the United States. See United States v. Spletzer, 535 F.2d 950, 953 (5th Cir. 1976); United States v. McCray, 468 F.2d 446, 448 (10th Cir. 1972); United States v. Chapman, 455 F.2d 746, 749 (5th Cir. 1972); Hardwick v. United States, 296 F.2d 24, 26 (9th Cir. 1961).

[cited in USAM 9-69.500]

Updated May 22, 2015