Crimes related to custody include escape or aiding escape, bail
jumping, hindering arrest or prosecution, promoting prison contraband,
and resisting arrest. Custody is generally defined as a restraint or detention
by a public servant pursuant to a lawful arrest, conviction or order of
court, but does not include mere supervision of probation or parole, or
constraint incidental to release on bail. Custody may be confinement in
a detention facility or penal facility.
Persons assisting others to evade custody may be criminally liable if
the person:
- Harbors or conceals such person;
- Warns such person of impending discovery or apprehension; except
that this subdivision does not apply to a warning given in connection with
an effort to bring another into compliance with the law;
- Provides such person with money, transportation, weapon, disguise
or other means of avoiding discovery or apprehension;
- Prevents or obstructs, by means of force, deception or intimidation,
anyone except a trespasser from performing an act that might aid in the
discovery or apprehension of such person; or
- Suppresses, by an act of concealment, alteration or destruction,
any physical evidence that might aid in the discovery or apprehension of
such person.
Laws vary by state, so local laws should be consulted for the applicable
law in your area.
