This is archived content from the U.S. Department of Justice website. The information here may be outdated and links may no longer function. Please contact if you have any questions about the archive site.

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 JM 9-69.500]

Updated January 17, 2020