Florida Statutes
Fla. Stat. § 944.40 (2025)
Escapes; penalty.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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944.40 Escapes; penalty.—Any prisoner confined in, or released on furlough from, any prison, jail, contractor-operated correctional facility, road camp, or other penal institution, whether operated by the state, a county, or a municipality, or operated under a contract with the state, a county, or a municipality, working upon the public roads, or being transported to or from a place of confinement who escapes or attempts to escape from such confinement commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The punishment of imprisonment imposed under this section shall run consecutive to any former sentence imposed upon any prisoner.
History.—s. 38, ch. 57-121; s. 1, ch. 65-224; s. 1, ch. 69-332; s. 1170, ch. 71-136; s. 5, ch. 99-271; s. 54, ch. 2019-167; s. 21, ch. 2024-84.
Arrestable Offenses under F.S. 944.40
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§944.40ESCAPEPRISONER ESCAPE OR ATTEMPT ESCAPE
Notes of Decisions
Cited in 200
cases (4 in the last 5 years), 1958–2025 · leading case: United States v. Sanchez, 586 F.3d 918 (11th Cir. 2009).
United States v. Sanchez, 586 F.3d 918 (11th Cir. 2009). “” 28 The felony conviction was for escape, in violation of Fla. Stat. § 944.40 . The drug convictions were on two counts of selling, delivering, manufacturing, or possessing with intent to deliver cocaine within 1,000 feet of a school, in violation of Fla.”
Braddy v. State, 111 So. 3d 810 (Fla. 2012). “8 *846 See § 944.40, Fla. Stat. (1997). The State presented evidence at trial that (1) Braddy was confined at the Miami-Dade Police Department’s Homicide Office; (2) when detectives walked into the interview room after an extended break, Braddy was standing on a .”
State v. Ramsey, 475 So. 2d 671 (Fla. 1985). “*672 Ramsey was charged with escape in violation of section 944.40, Florida Statutes (1981). That statute provides: Any prisoner confined in any prison, jail, road camp, or other penal institution, state, county, or municipal, working upon the public roads, or being transported…”
State v. Williams, 444 So. 2d 13 (Fla. 1984). “We feel the presumption of lawful custody exists when the state proves that the person is confined in any "prison, jail, road camp, or other penal institution .”
State v. Akers, 367 So. 2d 700 (Fla. 2d DCA 1979). “Appellee was charged in Count I of a three-count information with escape in violation of Section 944.40, Florida Statutes (1977). Appellee filed an amended motion to dismiss the count against him pursuant to Florida Rules of Criminal Procedure, Rule 3.”
Danzy v. State, 603 So. 2d 1320 (Fla. 1st DCA 1992). “In case number 88-85, Appellant pleaded nolo contendere and was adjudicated guilty of attempted first-degree murder and escape in violation of section 944.40, Florida Statutes. The court withheld imposition of sentences and placed Appellant on probation for concurrent two-year…”
Nielson v. State, 984 So. 2d 587 (Fla. 2d DCA 2008). “See § 944.40, Fla. Stat. (1981) (providing, "[t]he punishment of imprisonment [for escape] shall run consecutive to any former sentence imposed upon any prisoner").”
State v. Matthews, 891 So. 2d 479 (Fla. 2004). “See § 944.40, Fla. Stat. (1989). At the time of Matthews' sentencing, the maximum sentence authorized by law for such an offense was fifteen years.”
Applewhite v. State, 874 So. 2d 1276 (Fla. 5th DCA 2004). “NOTES [1] § 944.40, Fla. Stat. (2001). [2] § 944.02(6), Fla.”
Claudio J. Poillot v. State of Florida, 200 So. 3d 743 (Fla. 2016). “§ 944.40, Fla. Stat. (2014). Additionally, section 945.”
Fouts v. State, 374 So. 2d 22 (Fla. 2d DCA 1979). “He points out that the escape statute, Section 944.40, Florida Statutes (1977), does not require the state to prove the nature of a prisoner's confinement, or to show that he was lawfully convicted, sentenced and sent to prison.”
Dan Carmichael McCarthan v. Warden, FCC Coleman - Medium, 811 F.3d 1237 (11th Cir. 2016). “From this description, we cannot tell whether McCarthan was convicted under Fla. Stat. § 944.40 or Fla. Stat. § 945.091 (4).”
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