Escape Law and Legal Definition

In criminal law, escape is defined as the unauthorized departure of a person from a correctional facility or custody of law enforcement. In some states, a person confined for a felony who then escapes is charged with felony escape, while a person confined for a misdememanor who then escapes is charged with serious misdemeanor escape. The use of force or weapons in an escape generally heightens the seriousness of the charge. Laws defining the level of the charge and the penalty that attaches vary by state, so local law should be consulted for specific requirements in your area.

The following is an example of a state state dealing with escape:

"A person is guilty of escape if, without lawful authority, the person removes or attempts to remove himself from official detention or fails to return to official detention following temporary leave granted for a specified purpose or limited period. A person who is subject to official detention under this section is guilty of escape, if while outside the state and without lawful authority, the person removes or attempts to remove himself from official detention, or fails to return to official detention following temporary leave granted for a specified purpose or limited period, when at the time the person is in the legal custody of a warden of the penitentiary, department of corrections and rehabilitation, or other competent authority by virtue of a lawful commitment to official detention."