Mississippi Code
Miss. Code Ann. § 97-9-49 (2026)
Escape of prisoners; penalties for convicts in jail and persons under arrest or custody; willful failure to return to jail after being entrusted to leave
✓ current as of July 2026
- (1)
- (a) Whoever escapes or attempts by force or violence to escape from any jail in which he is confined, or from any custody under or by virtue of any process issued under the laws of the State of Mississippi by any court or judge, or from the custody of a sheriff or other peace officer pursuant to lawful arrest or from the assigned area of a work release program or work initiative, shall, upon conviction, if the confinement or custody is by virtue of an arrest on a charge of felony, or conviction of a felony, be punished by imprisonment in the penitentiary not exceeding five (5) years to commence at the expiration of his former sentence, or, if the confinement or custody is by virtue of an arrest of or charge for or conviction of a misdemeanor, be punished by imprisonment in the county jail not exceeding one (1) year to commence at the expiration of the sentence which the court has imposed or which may be imposed for the crime for which he is charged.
- (b) Whoever escapes or attempts by force or violence to escape from any confinement for contempt of court, shall, upon conviction, be found guilty of a misdemeanor and sentenced to imprisonment not to exceed six (6) months in the county jail.
- (2) Anyone confined in any jail who is entrusted by any authorized person to leave the jail for any purpose and who willfully fails to return to the jail within the stipulated time, or after the accomplishment of the purpose for which he was entrusted to leave, shall be an escapee and shall be subject to the penalties provided in subsection (1).
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 5(22); 1857, ch. 64, art. 95; 1871, § 2560; 1880, § 2800; 1892, § 1077; 1906, § 1157; Hemingway's 1917, § 884; 1930, § 910; 1942, § 2139; Laws, 1972, ch. 323, § 1; Laws, 1978, ch. 414, § 2; Laws, 1983, ch. 387, § 1; Laws, 2002, ch. 328, § 2; Laws, 2006, ch. 358, § 1, eff. 7/1/2006.
Amended by Laws, 2022, ch. 493, SB 2437,§ 4, eff. 7/1/2022.
Notes of Decisions
Cited in 30
cases, 1985–2020 · leading case: McCullen v. State, 786 So. 2d 1069 (Miss. Ct. App. 2001).
McCullen v. State, 786 So. 2d 1069 (Miss. Ct. App. 2001). “2000) is applicable to the facts stated in the bill of information and should have been placed in the bill of information instead of Miss.Code Ann. § 97-9-49(2) (Rev.2000). The relevant portions that constitute the charge of escape under Miss.”
Robertson v. State, 669 So. 2d 11 (Miss. 1996). “On August 2, 1990, Robertson, represented by court appointed counsel Jimmy Brown, entered a petition to enter a plea of guilty to the charge of escape under Miss. Code Ann. § 97-9-49 (1994) which carried a maximum sentence of five years for habitual offenders.”
Cressionnie v. State, 797 So. 2d 289 (Miss. Ct. App. 2001). “" Miss.Code Ann. § 97-9-49 (Supp.1981); Williams v.”
Corley v. State, 536 So. 2d 1314 (Miss. 1988). “On December 10, 1985, Corley and the other two escapees were jointly indicted under Miss. Code Ann. § 97-9-49 (Supp. 1985) on a charge of felonious escape from lawful confinement in the Carroll County Jail.”
United States v. Golden, Reggie, 466 F.3d 612 (7th Cir. 2006). “” See Miss. Code Ann. § 97-9-49 . The important point is that the escape crime in Franklin punished intentional departure from custody, an act that usually requires physical force.”
Smith v. State, 800 So. 2d 535 (Miss. Ct. App. 2001). “Smith was convicted in the Circuit Court of Carroll County on the charge of escape in violation of Miss.Code Ann. § 97-9-49 (Rev. 2000) and was sentenced to a term of five years in the custody of the Mississippi Department of Corrections.”
Jenkins v. State, 888 So. 2d 1171 (Miss. 2004). “The other statute, Miss.Code Ann. § 97-9-49 (Supp.2004) currently provides: (1) Whoever escapes or attempts by force or violence to escape from any jail in which he is confined, or from any custody under or by virtue of any process issued under the laws of the State of…”
Shaw v. State, 915 So. 2d 442 (Miss. 2005). “Miss. Code Ann. § 97-9-49 (Supp.2004). Under these circumstances, current jurisprudence prohibits the State from instructing or offering evidence of flight which allows the jury to draw an inference of the defendant's guilt or guilty knowledge.”
United States v. Jerry Franklin, 302 F.3d 722 (7th Cir. 2002). “Miss.Code Ann. § 97-9-49. Franklin’s indictment and prison sentence support the government’s position because these documents reveal that Franklin had been confined in a county jail under a felony charge of aggravated assault before his escape, and that he received a sentence of…”
Beckham v. State, 556 So. 2d 342 (Miss. 1990). “Miss. Code Ann. § 97-9-49 (Supp. 1979) reads in part: If any person confined in any jail upon any conviction for a criminal offense shall escape therefrom, or shall escape from custody before confinement therein, he shall, upon conviction, be punished by imprisonment in the…”
Miller v. State, 492 So. 2d 978 (Miss. 1986). “On April 23, 1985, Miller was formally charged with escape, Miss. Code Ann. § 97-9-49 (1) (Supp. 1985), in an indictment returned by the George County Grand Jury.”
Ward v. State, 708 So. 2d 11 (Miss. 1998). “Under Miss. Code Ann. § 97-9-49 (2) (1994), if an individual who is in custody is released by an authorized person but subsequently fails to return at the designated time, then that person is considered an escapee and may be punished by the addition of a period not exceeding six…”
Miss. Code Ann. § 97-9-49(1): 6 cases
McCullen v. State, 786 So. 2d 1069 (Miss. Ct. App. 2001). “2000) is applicable to the facts stated in the bill of information and should have been placed in the bill of information instead of Miss.Code Ann. § 97-9-49(2) (Rev.2000). The relevant portions that constitute the charge of escape under Miss.”
Cressionnie v. State, 797 So. 2d 289 (Miss. Ct. App. 2001). “" Miss.Code Ann. § 97-9-49 (Supp.1981); Williams v.”
Smith v. State, 800 So. 2d 535 (Miss. Ct. App. 2001). “Smith was convicted in the Circuit Court of Carroll County on the charge of escape in violation of Miss.Code Ann. § 97-9-49 (Rev. 2000) and was sentenced to a term of five years in the custody of the Mississippi Department of Corrections.”
Edget v. State, 791 So. 2d 311 (Miss. Ct. App. 2001).
Sessom v. State, 942 So. 2d 234 (Miss. Ct. App. 2006).
Miss. Code Ann. § 97-9-49(2): 9 cases
McCullen v. State, 786 So. 2d 1069 (Miss. Ct. App. 2001). “2000) is applicable to the facts stated in the bill of information and should have been placed in the bill of information instead of Miss.Code Ann. § 97-9-49(2) (Rev.2000). The relevant portions that constitute the charge of escape under Miss.”
Smith v. State, 800 So. 2d 535 (Miss. Ct. App. 2001). “Smith was convicted in the Circuit Court of Carroll County on the charge of escape in violation of Miss.Code Ann. § 97-9-49 (Rev. 2000) and was sentenced to a term of five years in the custody of the Mississippi Department of Corrections.”
Jenkins v. State, 888 So. 2d 1171 (Miss. 2004). “The other statute, Miss.Code Ann. § 97-9-49 (Supp.2004) currently provides: (1) Whoever escapes or attempts by force or violence to escape from any jail in which he is confined, or from any custody under or by virtue of any process issued under the laws of the State of…”
Ward v. State, 708 So. 2d 11 (Miss. 1998). “Under Miss. Code Ann. § 97-9-49 (2) (1994), if an individual who is in custody is released by an authorized person but subsequently fails to return at the designated time, then that person is considered an escapee and may be punished by the addition of a period not exceeding six…”
Brown v. State, 552 So. 2d 109 (Miss. 1989).
Miss. Code Ann. § 97-9-49(l)(1994): 1 case
Robinson v. State, 759 So. 2d 1125 (Miss. 1999).
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