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What is the Law on Breach of Prison or Breaking Prison in Georgia and What are the Punishments for it?

Just two years ago in 2017, the people in the state of Georgia were under terror when news came of two burglars turned murderers escaped the police. The burglars were named Ricky Dubose and Donnie R Rowe escaped an early morning prison bus I Georgia after disarming and consequently shooting two correction officers on the bus. The authorities asked all the residents to be vigilant but correctly warned the public against approaching the inmates. They were being escorted from the Hancock State prison when they escaped from legal custody around 6:45 am.

The Georgia Department of Corrections has 34 state prisons located all across the state of Georgia. They hold nearly 52000 criminals and felony offenders. The state prisons of Georgia houses repeat and nonviolent offenders. The prisoners are kept in a correctional facility for a reason. The news of a serial killer, rapist, or sexual offender roaming free is never good news for anyone. Let us first understand what entails a prison break to understand the laws against it better.

Georgia Breach of Peace Law
What is Prison Break?

Prison break is synonymous to prison breach, bust out, breakout, or prison escape. It is the act of a captive or detainee leaving the prison premises in an illegal or unofficial way. Generally, as soon as the authorities get to know about this escape they try to find and recapture the prisoner. A prison breach in most cases ends up adding more time to the inmate’s prison sentence.

Prison break in some countries is considered a criminal offense that is punishable by law. The United States of America and Russia are two such countries where prison break is dealt with as a criminal offense. Though there are a few countries in the world who thinks if prisoners try to escape they are acting on a basic human instinct to get liberty which cannot be held as a criminal offense. The degree of punishment depends on whether aggravating factors like violence was used

Ways of Prevention

Numerous security measures are in place to make sure that prisoners do not get to escape. The security level of each individual institution determines the level of security placed.

Some preventive measures used in jails may include motion sensors, barred windows, CCTV, high walls, barbed wire, and electric fencing.


Breach of Peace Law Georgia
Laws Against Prison Break in Georgia

The statute on prison escape in Georgia is stated in 16-10-52-Escape of Article 3- Escape and Other Offenses related to Confinement, Under Title 16 Crimes and Offenses or 2010 Georgia Criminal Code.

In Georgia it is considered a prison break when a man does one of the following things:

  • When a person intentionally escapes or attempts to escape from lawful custody or a place of legal confinement when he or she has been found guilty of violating a municipal ordinance or state and federal laws.
  • Intentionally escapes from lawful confinement of correctional facilities.
  • When the defendant or inmate attempts to escape or escapes from a juvenile detention facility, a juvenile secure care facility, or an adult correctional facility.
  • Intentionally does not return to lawful custody or any residential facility operated by the Georgia Department of Corrections and being released on the condition that he or she will return. This person gets a great period of eight hours from the specified time of return.

The Punishment of Escaping Prison in Georgia

Revocation of probation shall lead to independent criminal prosecution. Intentional escape from lawful custody or from lawful custody can result in imprisonment of a minimum of one year and a maximum of ten years.


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