Prison Breach Law and Legal Definition

Prison breach is a breaking and going out of prison by a prisoner lawfully confined in the prison. It is a criminal offense of escaping from confinement in a prison or jail. Traditionally, the element of force that was present in prison breach, distinguished it from escape. However, this distinction has been abandoned in some jurisdiction. It is also known as prison breaking.

The following is an example of a statute (District of Columbia) referring to prison breach:

D.C. Code § 22-2601. Escape from institution or officer

(a) No person shall escape or attempt to escape from:

(1) Any penal institution or facility in which that person is confined pursuant to an order issued by a court, judge, or commissioner of the District of Columbia; or

(2) The lawful custody of an officer or employee of the District of Columbia or of the United States.

(b) Any person who violates subsection (a) of this section shall be fined not more than $ 5,000 or imprisoned not more than 5 years, or both, said sentence to begin, if the person is an escaped prisoner, upon the expiration of the original sentence.