PC §402 - ESCAPE FROM CUSTODY
CLASS F FELONY
(a) Definition
Escape from custody is the act of intentionally leaving, fleeing, or attempting to leave or flee from lawful custody or confinement, without authorization or lawful authority, whether from a detention facility, correctional facility, or while under the control of a law enforcement officer.
(b) Elements of the Offense
The following elements must be met to constitute escape from custody:
The defendant was lawfully in custody or confinement, either in a detention facility, correctional facility, or under the control of a law enforcement officer.
The defendant intentionally left, fled, or attempted to leave or flee from such custody or confinement.
The departure was without authorization or lawful authority.
Types of Escape
Escape from custody may include, but is not limited to, the following:
Physically breaking out of a detention facility or correctional facility.
Fleeing from a law enforcement officer while being detained or under arrest.
Absconding from a court-ordered confinement, such as house arrest or electronic monitoring.
(c) Defenses
(a) It shall be a defense to a charge of escape from custody if the defendant can prove that they had lawful authority or justification for leaving or fleeing from custody, such as a mistake of fact or necessity.
(b) Lack of intent to escape or absence of knowledge that the departure was unauthorized may also serve as defenses if proven by the defendant.
(e) Aggravating Factors
Aggravating factors such as prior convictions for similar offenses, use of violence or weapons during the escape, or causing harm to others while escaping may result in increased penalties as determined by the court.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
120 SECONDS OF JAIL TIME.
BOND SET
$100,000.00
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