Article 87b — Offenses against correctional custody and restriction

Part IV · Punitive Articles

Article 87b. Offenses against correctional custody and restriction · MCM ¶ 13

2024 Manual for Courts-Martial, United States

Recent revisions Summary of changes

(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.

(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) Escape 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;

(b) That said person was authorized to order said restriction;

(d) That the accused went beyond the limits of the restriction before being released therefrom by proper authority.

(1) Escape from correctional custody. Escape from correctional custody is the act of a person undergoing the punishment of correctional custody pursuant to Article 15, who, before being set at liberty by proper authority, casts off any physical restraint imposed by the custodian or by the place or conditions of custody.

(2) Breach of correctional custody. Breach of restraint during correctional custody is the act of a person undergoing the punishment who, in the absence of physical restraint imposed by a custodian or by the place or conditions of custody, breaches any form of restraint imposed during this period.

(3) Authority to impose correctional custody. See Part V concerning who may impose correctional custody. Whether the status of a person authorized that person to impose correctional custody is a question of law to be decided by the military judge. Whether the person who imposed correctional custody had such a status is a question of fact to be decided by the factfinder.

(4) Breach of restriction. Restriction is the moral restraint of a person imposed by an order directing a person to remain within certain specified limits. “Restriction” includes restriction under R.C.M. 304(a)(2), restriction resulting from imposition of either nonjudicial punishment (see Part V) or the sentence of a court-martial (see R.C.M. 1003(b)(5)), and administrative restriction in the interest of training, operations, security, or safety.

(d) Maximum punishment.

(1) Escape from correctional custody. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 1 year.

(2) Breach of correctional custody. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.

(3) Breach of restriction. Confinement for 1 month and forfeiture of two-thirds pay per month for 1 month.

(e) Sample specifications.

(1) Escape from correctional custody. In that _____ (personal jurisdiction data), while undergoing the punishment of correctional custody imposed by a person authorized to do so, did, (at/on board—location), on or about _____ 20 __, escape from correctional custody.

(2) Breach of correctional custody. In that __________ (personal jurisdiction data), while duly undergoing the punishment of correctional custody imposed by a person authorized to do so, did, (at/on board—location), on or about _____ 20 __, breach the restraint imposed thereunder by __________.

(3) Breach of restriction. In that __________ (personal jurisdiction data), having been restricted to the limits of __________, by a person authorized to do so, did, (at/on board— location), on or about _____ 20 __, break said restriction.

Information on this tab is reproduced from the U.S. Army Military Judges’ Benchbook (Electronic Benchbook v2.70, updated 2026-05-26). It is for informational purposes only to compare to the text on the Manual for Courts-Martial on the MCM tab. Always check the current EBB to make sure you’re reviewing the most recent information.

NOTE 1. If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.

Maximum punishment

DD, TF, 1 year, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data), while undergoing the punishment of correctional custody imposed by a person authorized to do so, did, (at/on board—location), on or about __________, escape from correctional custody.

Elements

(1) That (state the name of the person who placed the accused in correctional custody) placed the accused in correctional custody;

(2) That (state the name of the person who placed the accused in correctional custody) was authorized to place the accused in correctional custody;

(3) That, while in such correctional custody, the accused was under physical restraint; and

(4) That (state the time and place alleged), the accused freed (himself) (herself) from the physical restraint of this correctional custody before being released therefrom by proper authority.

Definitions & other instructions

“Correctional custody” describes the physical restraint of a person during duty or nonduty hours (or both) imposed as a punishment under Article 15, Uniform Code of Military Justice. Any completed casting off of this restraint before being set free by proper authority is escape from correctional custody. An escape is not complete until a person has, at least momentarily, freed (himself) (herself) from the restraint of the custody (so, if the movement toward an escape is opposed, or if immediate pursuit follows before the escape is actually completed, there will be no escape until the opposition is overcome or the pursuit is shaken off).

(An escape may be accomplished either with or without force or trickery, and either with or without the consent of the custodian.)

NOTE 2. Proof of underlying offense prohibited. It is not permissible to introduce evidence of the offense for which correctional custody or any other punishment was imposed. Proof that the accused was in the status of correctional custody is sufficient. When documentary evidence is used to establish that correctional custody was properly imposed, it should be masked to avoid reference to the offense for which the accused was originally punished. In such cases, the following instruction should be given:

The (Article 15 correspondence) (stipulation) (testimony of __________) (__________) was admitted into evidence only for the purpose of its tendency, if any, to show the accused may have been in correctional custody at the time and place referred to in the specification. You must disregard any evidence of possible misconduct which may have resulted in the accused’s punishment to correctional custody, and you should not speculate about the nature of that possible misconduct.

NOTE 3. Status of person ordering correctional custody. Whether the status of the person ordering correctional custody authorized that person to impose correctional custody is a question of law to be decided by the military judge. Whether the person who imposed correctional custody had such status is a question of fact to be decided by the fact finder. The following instruction may be appropriate:

Any commander in the accused’s chain of command whose authority has not been restricted by higher authority is authorized to impose correctional custody under Article 15, Uniform Code of Military Justice. Whether the person who allegedly imposed correctional custody in this case, (state the name and rank of the person alleged), was in such a position of authority is a question of fact which you must decide.

Source: Instruction 3a-13-1 · view original on jagcnet.army.mil

Maximum punishment

BCD, TF, 6 months, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data), while duly undergoing the punishment of correctional custody imposed by a person authorized to do so, did, (at/on board—location), on or about __________, breach the restraint imposed thereunder by __________.

Elements

(1) That (state the name of the person who placed the accused in correctional custody) placed the accused in correctional custody;

(2) That (state the name of the person who placed the accused in correctional custody) was authorized to place the accused in correctional custody;

(3) That, while in such correctional custody, the accused was restrained by (state the manner of restraint alleged); and

(4) That (state the time and place alleged), the accused went beyond the limits of the restraint imposed before having been (released from the correctional custody) (relieved of the restraint) by proper authority.

Definitions & other instructions

“Correctional custody” is the physical restraint of a person during duty or nonduty hours (or both) imposed as a punishment under Article 15, Uniform Code of Military Justice. Although a person in correctional custody is always under physical restraint, this offense involves the breach of other specific limitations upon a person’s freedom of movement while under the physical restraint. The specific limitations do not have to be enforced by physical means, and may include restraint imposed upon a person by oral or written orders from competent authority, directing that person to remain within specified limits, or to go to a certain place or to return therefrom, at a designated time or under specified circumstances. The specific restraint imposed is binding upon the person restrained, not by physical force, but because of (his) (her) moral and legal obligation to obey the orders given (him) (her).

NOTE 2. Proof of underlying offense prohibited. It is not permissible to introduce evidence of the offense for which the correctional custody or any additional punishment was imposed. Proof that the accused was in the status of correctional custody and the specific restraint imposed while in such status is sufficient. When documentary evidence is used to establish that correctional custody was properly imposed, it should be masked to avoid reference to the offense for which the accused was originally punished. In such cases, the following instruction should be given:

Source: Instruction 3a-13-2 · view original on jagcnet.army.mil

Maximum punishment

2/3 x 1 month, 1 month, E-1. (Category 1)

Sample specification

In that __________ (personal jurisdiction data), having been restricted to the limits of __________, by a person authorized to do so, did, (at/on board—location), on or about __________, break said restriction.

Elements

(1) That (state the name to the person who ordered restriction) ordered the accused to be restricted to the limits of (state the limits of the restriction alleged);

(2) That (state the name to the person who ordered restriction) was authorized to order this restriction;

(3) That the accused knew of the restriction and the limits thereof; and

(4) That (state the time and place alleged), the accused went beyond the limits of the restriction before being released therefrom by proper authority.

Definitions & other instructions

“Restriction” is the moral restraint of a person imposed by an order directing a person to remain within certain specified limits.

NOTE 2. Proof of underlying offense prohibited. It is neither necessary nor permissible to prove the offense for which the restriction or any additional punishment was imposed. Proof simply of the status of restriction is sufficient. When documentary evidence is used to establish that the restriction was properly imposed, it should be masked to avoid reference to the offense for which the accused was originally punished. The following instruction, may be applicable:

(The Article 15) (court-martial promulgating order) (stipulation) (testimony of __________) (__________) was admitted into evidence solely for the purpose of its tendency, if any, to show that the accused may have been in a restricted status at the time and place referred to in the specification. You must disregard any evidence of possible misconduct which may have resulted in the accused’s punishment to restriction and you should not speculate about the nature of that possible misconduct.

NOTE 3. Other instructions. Instruction 7-3, Circumstantial Evidence (Knowledge), is ordinarily applicable.

Source: Instruction 3a-13-3 · view original on jagcnet.army.mil