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Legal Definitions - prison breach

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Definition of prison breach

Prison breach refers to the criminal act of a person forcibly breaking out of a place where they are lawfully confined, such as a prison, jail, or other detention facility. This offense specifically involves using force or causing damage to the structure of the confinement facility itself to create an exit and escape. It is distinct from a simple escape, which might not involve such forceful destruction of property.

Here are some examples to illustrate this concept:

  • Example 1: During a riot, an inmate uses a metal pipe to smash through a brick wall in the prison's recreation yard, creating a hole large enough to crawl through and escape the facility.

    Explanation: This scenario demonstrates prison breach because the inmate used force (smashing the wall with a pipe) to physically break a part of the prison structure to facilitate their departure from lawful confinement.

  • Example 2: A group of detainees in a county jail manages to acquire tools and systematically cuts through several layers of a perimeter fence, damaging the fence and creating an opening to flee the premises.

    Explanation: This illustrates prison breach as the detainees employed force and caused damage (cutting the fence) to the physical barriers of their confinement to achieve their escape.

  • Example 3: A person held in a courthouse holding cell repeatedly kicks the cell door until the locking mechanism breaks and the door swings open, allowing them to run out of the courthouse.

    Explanation: This is an example of prison breach because the individual used physical force (kicking) to break a component of their confinement (the door's locking mechanism) to depart from lawful custody.

Simple Definition

Prison breach is the offense committed when a prisoner forcibly breaks out of a place of lawful confinement. Historically, this was distinguished from a simple escape by the presence of force, though some jurisdictions have abandoned this specific distinction. The severity of the offense traditionally depended on the nature of the crime for which the prisoner was originally held.