Legal Definitions - breach of prison

Breach of prison refers to the criminal offense committed when an individual unlawfully escapes from a correctional facility or any other place where they are lawfully confined. This typically involves overcoming security measures, whether through force, stealth, or exploiting weaknesses in the confinement structure, to regain freedom without authorization.

Here are some examples to illustrate this concept:

• Example 1: During a routine yard period, a group of inmates at a maximum-security prison used a makeshift ladder to scale the perimeter wall, cutting through the razor wire at the top before dropping to the ground outside. They then fled into a nearby wooded area.

  Explanation: This scenario clearly demonstrates a breach of prison because the inmates actively overcame the physical security measures (perimeter wall, razor wire) of the correctional facility to escape their lawful confinement.

• Example 2: A defendant, awaiting trial in a county jail, managed to pick the lock on his cell door using a modified toothbrush. He then navigated through an unsecured utility tunnel and exited the building through a service entrance that was mistakenly left ajar by a maintenance worker.

  Explanation: This is a breach of prison because the defendant intentionally circumvented the security of his cell and the jail premises (picking the lock, using the tunnel) to unlawfully leave the place of his detention, even though the final exit was facilitated by an oversight.

• Example 3: While hospitalized under guard for a medical emergency, a convicted felon managed to overpower the single correctional officer assigned to his room. He then stole the officer's keys and uniform, using them to walk out of the hospital undetected.

  Explanation: Even though the escape occurred from a hospital, it constitutes a breach of prison because the individual was still under lawful custody and confinement by correctional authorities. Overpowering the guard and using deception to leave the guarded premises represents an unlawful escape from that confinement.