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Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents 10163
In that (personal jurisdiction data), did, (at/on board-location) (subject-
matter jurisdiction data, if required), on or about __ 20 _, escape from the custody of
---=--' a person authorized to apprehend the accused.
(5) Escape from corifinement.
In that (personal jurisdiction data), having been placed in (post-trial)
confinement in (place of confinement), by a person authorized to order said accused into
confinement did, (at/on board-location) (subject-matter jurisdiction data, if required), on or about
__ 20 _, escape from confinement.
13. Article 87b (10 U.S.C. 887b)-Offenses against correctional custody and restriction
a. Text of statute.
(a) ESCAPE FROM CORRECTIONAL CUSTODY.-Any person subject to this chapter-
(1) who is placed in correctional custody by a person authorized to do so;
(2) who, while in correctional custody, is under physical restraint; and
(3) who escapes from the physical restraint before being released from the
physical restraint by proper authority;
shall be punished as a court-martial may direct.
(b) BREACH OF CORRECTIONAL CUSTODY.-Any person subject to this chapter-
(1) who is placed in correctional custody by a person authorized to do so;
(2) who, while in correctional custody, is under restraint other than physical
restraint; and
(3) who goes beyond the limits of the restraint before being released from the
correctional custody or relieved of the restraint by proper authority;
shall be punished as a court-martial may direct.
(c) BREACHOFRESTRICTION.-Any person subject to this chapter-
(1) who is ordered to be restricted to certain limits by a person authorized to
do so; and
(2) who, with knowledge of the limits of the restriction, goes beyond those
limits before being released by proper authority;
shall be punished as a court-martial may direct.
b. Elements.
( 1) E~·cape from correctional custody.
(a) That the accused was placed in correctional custody by a person authorized to do so;
(b) That, while in such correctional custody, the accused was under physical restraint; and
(c) That the accused freed himself or herself from the physical restraint of this correctional
custody before being released therefrom by proper authority.
(2) Breach of correctional custody.
(a) That the accused was placed in correctional custody by a person authorized to do so;
(b) That, while in correctional custody, a certain restraint was imposed upon the accused;
and
(c) That the accused went beyond the limits of the restraint imposed before having been
released from the correctional custody or relieved of the restraint by proper authority.
(3) Breach of restriction.
(a) That a certain person ordered the accused to be restricted to certain limits;
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(b) That said person was authorized to order said restriction;
(c) That the accused knew of the restriction and the limits thereof; and
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