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Miss. Code Ann. § 97-9-45

Escape of prisoners; penalty; willful failure to return to jail after being entrusted to leave

Applied in 9 court decisions — leading case United States v. Franklin (2002)

Most recently applied in Rodney Wayne Smith v. State of Mississippi (October 2018)

Codes, Hutchinson’s 1848, ch. 64, art. 12, Title 5(21); 1857, ch. 64, art. 94; 1871, § 2559; 1880, § 2799; 1892, § 1076; 1906, § 1156; Hemingway’s 1917, § 883; 1930, § 909; 1942…

How often courts cite this section

1985199020002010201820
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

If any person sentenced to the Mississippi Department of Corrections for any term shall escape or attempt to escape from his particular unit or camp of confinement or the boundaries of the penitentiary as a whole, or shall escape or attempt to escape from custody before confinement therein, he shall, upon conviction, be punished by imprisonment in such prison for a term not exceeding five (5) years, to commence from and after the expiration of the original term of his imprisonment as extended in consequence of such escape or attempted escape.

Any convict who is entrusted to leave the boundaries of confinement by authorities of the Mississippi Department of Corrections or by the Governor, and who willfully fails to return within the stipulated time, or after the accomplishment of the purpose for which he was entrusted to leave, shall be an escapee and, upon conviction, shall be subject to the penalties provided under this section.

Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.