Elements of the Offense of Escape from Custody --
As a general rule, specific intent is not an element required to be
proven under the statute. United States v. Bailey, 444 U.S. 394, 404
(1980). See also United States v. Tapio, 634 F.2d 1092 (8th
1980). However, a number of cases have required a showing of specific
pursuant to the "law of the case." See United States v.
F.2d 728 (8th Cir.), cert. denied, 429 U.S. 986 (1976); United
v. Woodring, 464 F.2d 1248, 1250 (10th Cir. 1972).|
The government need not prove the existence of unlawful intent at
moment at which a prisoner or convict departs from custody. It is
sustain a conviction of escape if a person who leaves his place of
involuntarily or inadvertently, voluntarily forms an intent to remain at
at a later time. See Bailey, supra; United States
Phipps, 543 F.2d 576, 577 (5th Cir. 1976), cert. denied, 429 U.S.
(1977); Cluck, supra, at 731; Woodring, supra,
1250; and Chandler v. United States, 378 F.2d 906 (9th Cir. 1967).
[cited in Criminal Resource Manual 1823; USAM 9-69.500]