Legal Definitions - actual escape

Actual escape refers to the successful and complete departure of an individual from lawful custody or confinement. It signifies that a person has fully broken free from the physical control, supervision, or designated boundaries imposed by law enforcement or correctional authorities. The critical element is the severance of control, meaning the individual is no longer under the immediate physical restraint or within the legally defined confines of their detention, even if only for a brief period.

Here are some examples illustrating actual escape:

• Example 1: A prisoner serving a sentence in a maximum-security facility manages to pick the lock on their cell, navigate through the prison corridors undetected, and then scale the exterior wall, disappearing into the surrounding urban area before an alarm is raised.

  Explanation: This scenario constitutes an actual escape because the individual has completely broken free from the physical confines and direct supervision of the prison authorities, thereby severing their lawful custody and control.

• Example 2: While being transported in a police vehicle from the scene of an arrest to the police station, a suspect, despite being handcuffed, manages to open the door and jump out of the moving car, fleeing on foot into a nearby park.

  Explanation: This is an actual escape because the suspect has successfully broken free from the immediate physical control and supervision of the police officers and departed from the designated transport vehicle, even though they were still restrained by handcuffs.

• Example 3: An individual placed under court-ordered home detention, which requires them to remain at their residence and wear an electronic monitoring ankle bracelet, intentionally removes the device and travels out of state without permission.

  Explanation: This constitutes an actual escape because the person has deliberately circumvented the electronic monitoring system and departed from the legally mandated confinement of their home, thereby breaking free from the imposed custody and supervision.