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Federal- Escape

Statute
18 USC 751(a). Prisoners in custody of institution or officer (escape)

(a) Whoever escapes or attempts to escape from the custody of the Attorney General or his authorized representative, or from any institution or facility in which he is confined by direction of the Attorney General, or from any custody under or by virtue of any process issued under the laws of the United States by any court, judge, or magistrate judge, or from the custody of an officer or employee of the United States pursuant to lawful arrest, shall, if the custody or confinement is by virtue of an arrest on a charge of felony, or conviction of any offense, be fined under this title or imprisoned not more than five years, or both; or if the custody or confinement is for extradition, or for exclusion or expulsion proceedings under the immigration laws, or by virtue of an arrest or charge of or for a misdemeanor, and prior to conviction, be fined under this title or imprisoned not more than one year.

Jury Instruction
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt:

  1. That the Defendant knowingly escaped from custody, as charged; and
  2. That at the time of the escape the Defendant was in the custody of a Federal officer pursuant to a lawful arrest or under judicial process issued by a Federal judicial officer.

“Custody” simply means the detention of an individual’s person by virtue of lawful process or authority.

To “escape” means to flee or depart from custody or failing to return to custody, with knowledge that the action being taken will result in leaving lawful detention.