Second degree escape

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  1. (a) A person commits the offense of second degree escape if he or she:

    1. (1) At any time, including from the point of departure from confinement to the return to confinement, uses or threatens to use physical force in escaping from custody;

    2. (2) Having been found guilty of a felony, escapes from custody;

    3. (3) Escapes from a correctional facility;

    4. (4) Escapes from a juvenile detention facility; or

    5. (5) Escapes from a youth services program.

  2. (b)

    1. (1) Second degree escape is a Class B 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 second degree escape is a Class D felony.


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