Willfully Assisting An Inmate to Escape From a Public Training School or a Reformatory, Penal Code Section 109

Any person who assists an inmate to escape from a public training school or reformatory is guilty of a felony pursuant to Penal Code Section 109. Section 109 is considered a crime against public justice.

To prove a violation of Penal Code Section 109, the prosecution must demonstrate beyond a reasonable doubt that you attempted to assist an inmate engaged in a bone fide effort to free himself from confinement.

Section 109 is no longer relevant given the fact that juveniles are not considered “inmates” under California law. Anyone who assists a juvenile to flee from such a facility would be prosecuted pursuant to Welfare and Institutions Code Section 1152.

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