2008 edition - Fort Sam Houston - U.S. Army

19.c.(5)(c)
without force or artifice, and either with or without
the consent of the custodian. However, where a prisoner
is released by one with apparent authority to do
so, the prisoner may not be convicted of escape
f r o m c o n f i n e m e n t . S e e a l s o p a r a g r a p h 2 0 c ( 1 ) ( b ) .
Any completed casting off of the restraint of confinement,
before release by proper authority, is an
escape, and lack of effectiveness of the restraint
imposed is immaterial. An escape is not complete
until the prisoner is momentarily free from the restraint.
If the movement toward escape is opposed,
or before it is completed, an immediate pursuit follows,
there is no escape until opposition is overcome
or pursuit is eluded.
( d ) S t a t u s w h e n t e m p o r a r i l y o u t s i d e c o n f i n e -
ment facility. A prisoner who is temporarily escorted
outside a confinement facility for a work detail or
other reason by a guard, who has both the duty and
m e a n s t o p r e v e n t t h a t p r i s o n e r f r o m e s c a p i n g ,
remains in confinement.
(e) Legality of confinement. A person may not
be convicted of escape from confinement if the confinement
is illegal. Confinement ordered by one authorized
to do so is presumed to be lawful in the
absence of evidence to the contrary. Ordinarily, the
legality of confinement is a question of law to be
decided by the military judge.
d. Lesser included offenses.
(1) Resisting apprehension. Article 128—assault;
assault consummated by a battery
(2) Breaking arrest.
(a) Article 134—breaking restriction
(b) Article 80—attempts
(3) Escape from custody. Article 80—attempts
( 4 ) E s c a p e f r o m c o n f i n e m e n t . A r t i c l e 8 0 — a t -
tempts
e. Maximum punishment.
( 1 ) R e s i s t i n g a p p r e h e n s i o n . B a d - c o n d u c t d i s -
charge, forfeiture of all pay and allowances, and
confinement for 1 year.
(2) Flight from apprehension. Bad-conduct discharge,
forfeiture of all pay and allowances, and
confinement for 1 year.
(3) Breaking arrest. Bad-conduct discharge, forfeiture
of all pay and allowances, and confinement
for 6 months.
(4) Escape from custody, pretrial confinement, or
confinement on bread and water or diminished ra-
IV-30
tions imposed pursuant to Article 15. Dishonorable
discharge, forfeiture of all pay and allowances, and
confinement for 1 year.
(5) Escape from post-trial confinement. Dishonorable
discharge, forfeiture of all pay and allowances,
and confinement for 5 years.
f. Sample specifications.
(1) Resisting apprehension.
In that (personal jurisdiction data),
did, (at/on board—location) (subject-matter jurisdict
i o n d a t a , i f r e q u i r e d ) , o n o r
a b o u t 2 0 , r e s i s t b e i n g a p p r e -
hended by , (an armed force policeman)
(
accused.
), a person authorized to apprehend the
(2) Flight from apprehension.
In that (personal jurisdiction data),
did, (at/on board—location) (subject-matter jurisdict
i o n d a t a , i f r e q u i r e d ) , o n o r
a b o u t 2 0 , f l e e a p p r e h e n s i o n
b y , ( a n a r m e d f o r c e p o l i c e m a n )
(
accused.
), a person authorized to apprehend the
(3) Breaking arrest.
In that (personal jurisdiction data),
having been placed in arrest (in quarters) (in his/her
company area) ( ) by a person authorized
to order the accused into arrest, did, (at/on board—
l o c a t i o n ) o n o r
a b o u t
arrest.
2 0 , b r e a k s a i d
(4) Escape from custody.
In that (personal jurisdiction data),
did, (at/on board—location) (subject-matter jurisdict
i o n d a t a , i f r e q u i r e d ) , o n o r
a b o u t 2 0 , e s c a p e f r o m t h e c u s -
tody of
hend the accused.
, a person authorized to appre-
(5) Escape from confinement.
In that (personal jurisdiction data),
having been placed in (post-trial) confinement in
(place of confinement), by a person authorized to
o r d e r s a i d a c c u s e d i n t o c o n f i n e m e n t d i d , ( a t / o n
board—location) (subject-matter jurisdiction data, if
required), on or about
from confinement.
20 , escape