Me. Rev. Stat. » Title 17
Maine Revised Statutes

Me. Rev. Stat. tit. 17, § 1405 (2026)

Escapes from jail

✓ current as of May 2026
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(REPEALED)
SECTION HISTORY
PL 1975, c. 499, §7 (RP).
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Notes of Decisions
Cited in 18 cases, 1965–1988 · leading case: State v. Flemming, 377 A.2d 448 (Me. 1977).
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State v. Flemming, 377 A.2d 448 (Me. 1977). · cites it 8× “§ 1405) when he fails to return from a furlough from a mental health institution where he was committed upon a finding that he was not guilty of a felony by reason of mental disease or defect? That is the issue squarely presented in this case.”
State v. Daley, 411 A.2d 410 (Me. 1980). · cites it 3× “In discussing the crime of “breaking arrest” under 17 M.R.S.A. § 1405 (1965), 4 the predecessor to section 755, the Law Court identified the four elements of an arrest to be: (1) an intention on the part of the arresting officer “then and there to make the arrest” “under a real…”
Logan v. State, 263 A.2d 266 (Me. 1970). · cites it 3× “Sentenced to a term in State Prison on his plea of guilty to the offense of attempt to escape from the Penobscot County jail under 17 M.R.S.A. § 1405, the petitioner on April 15, 1969 sought relief from his imprisonment under 14 M.”
Hamner v. State, 223 A.2d 532 (Me. 1966). · cites it 2× “] 17 M.R.S.A. § 1405. The information charging him with escape and to which Hamner with the assistance of counsel entered a plea of guilty, reads in pertinent part as follows: “that RICHARD A.”
State v. Pinnette, 340 A.2d 17 (Me. 1975). · cites it 2× “In addition, a complaint was filed charging defendant with resisting apprehension while being taken into custody (17 M.R.S.A. § 1405). A jury found defendant guilty of high and aggravated assault and of resisting arrest.”
State v. Beauchene, 541 A.2d 914 (Me. 1988). “In determining that now-repealed 17 M.R.S.A. § 1405 applied to escapes by individuals committed pursuant to a section 103 order, we concluded after examining the statutory history of the pre-Code escape statute, that “an escape by an individual confined in a mental health…”
State v. Flemming, 409 A.2d 220 (Me. 1979). “When Flemming was found not guilty by reason of insanity for the murder charges, he was committed to the Commissioner of Mental Health and Corrections because 15 M.”
State v. Rogers, 389 A.2d 36 (Me. 1978). “17 M.R.S.A. § 1405, repealed by P.L.1975, c.”
State v. Hannon, 395 A.2d 118 (Me. 1978). · cites it 2× “The flaw in his argument is that, of the prosecutions in the cited opinions, none arose under the recently enacted Maine Criminal Code provision codifying the crime of escape, effective May 1, 1976 and superseding 17 M.R.S.A. § 1405. 2 *120 Under 17-A M.R.”
State v. Heald, 322 A.2d 68 (Me. 1974). · cites it 2× “” 1 Defendant was subsequently apprehended and in January of 1971 was indicted by the Penobscot County Grand Jury for the crime of “escape from the Penobscot County Jail” in violation of 17 M.R.S.A. § 1405. 2 The indictment read: “That on or about the 24th day of October, 1970,…”
State v. Harriman, 259 A.2d 752 (Me. 1969). “c) For assault on Police Officer W, and d) For breaking arrest (17 M.R.S.A. § 1405). The District Court permitted the entry of a nolle prosequi as to the charge OUI, entered a dismissal of the complaint for breaking arrest and upon entry of a plea of guilty by his counsel to…”
Beaulieu v. State, 211 A.2d 290 (Me. 1965). “1B5, § 28 (now 17 M.R.S.A. § 1405). The points of appeal read: “The Court erred in dismissing Petitioner - Appellant’s Petition for a Writ of Habeas Corpus.”
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