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

The state of Minnesota shares its border with Canada in the north. People who are trying to escape from the USA often try to illegally cross the border and move to Canada. Though it is not an easy task desperate people might think that it is their only option. Inmates who escape prison can be safely considered as desperate. Richard Lee McNair was among the top 15 in the most wanted list by the US Marshals, escaped to Canada through Minnesota.

His escape story was almost cinematic in its trial and appeal. 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. The thrill and popularity of prison break in our culture have in some ways romanticized the notion. Prison break is not a joking matter. If criminals and dangerous offenders escape back into the city streets it will get dangerous for everyone.

Minnesota Breach of Peace Law
Definition of Breach of Prison

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

A person who is legally confined in a rehabilitation facility, a work-release program, or any other such type of program under a law enforcement officer or the Department of Public Safety shall be considered as lawful custody. That means to escape from here will also be punishable by law. The prison facilities might include but are not limited to parish jails, rehabilitation centers, clinics, hospitals, correctional centers, and any and all other places where the prisoner is confined under legal control and jurisdiction of the state.

Breach of Peace Law Minnesota
Law Against Prison Break in Minnesota

In the northern state, the laws against escape from prison or custody are coded under the 609.485 ‘Escape From Custody’ of the 2018 revised Minnesota Statutes. Illegal or unofficial departure or escape from legal custody or lawful authority is considered the definition of escape in the state of Minnesota.

In Minnesota, if you commit the following acts you will be charged in breach of prison:

  • Escapes when he or she is under lawful custody for committing a crime or on a charge, allegation, or adjudication of an illegal act.
  • Transfers to some other correctional facility with the intention of escaping from legal detainment.
  • Committing a crime while in legal custody in order to break from prison.
  • Breaking prison while the offender is out with a provincial discharge or passenger.

The exception to these laws are people who have already served their sentence and are out on bail, probation, or parole.

The punishment for a person who is found guilty of such an act in the state of Minnesota can get a prison sentence of a maximum of ten years and a fine of up to ten thousand dollars in Minnesota. The penalty of this offense will be played out only after the original prison sentence is served.


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