First degree escape

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  1. (a) A person commits the offense of first degree escape if:

    1. (1) At any time, including from the point of departure from confinement to the return to confinement, aided by another person actually present, he or she uses or threatens to use physical force in escaping from:

      1. (A) Custody;

      2. (B) A correctional facility;

      3. (C) A juvenile detention facility; or

      4. (D) A youth services program; or

    2. (2) At any time, including from the point of departure from confinement to the return to confinement, he or she uses or threatens to use a deadly weapon in escaping from:

      1. (A) Custody;

      2. (B) A correctional facility;

      3. (C) A juvenile detention facility; or

      4. (D) A youth services program.

  2. (b)

    1. (1) First degree escape is a Class A felony if, at the time of the escape, the person is in the custody of:

      1. (A) The Division of Correction;

      2. (B) The Division of Community Correction; or

      3. (C) A law enforcement agency.

    2. (2) Otherwise first degree escape is a Class C felony.


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