Escape: Merely Breaching Barrier not Sufficient
October 30th, 2015

Justice Werdegar’s concurring opinion in People v. Bailey (2012) 54 Cal. 4th 740, 757, urged the committee to revise the jury instructions for escapes to make clear that an inmate does not commit escape merely by breaching a barrier enclosing a “designated area” of a prison or jail. (Id. at 757.)


If a defendant breaches the bars of his cell or another internal barrier, attempted escape is the proper charge. For attempted escape, the jury must find that the defendant acted with specific intent to escape. (See CC 460.)

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