Felony Escape; Defined and Punished

A person is guilty of a felony of third degree if he: (a) escapes from within a detention facility where he is in custody upon a felony charge or conviction; or (b) escapes from custody with the use or threat of use of force or violence upon another person or by any means creating a substantial risk of physical injury to another person. SOURCE: G.P.C. §§ 101, 105, 109; M.P.C. § 242.6; Cal. § 1300 (T.D.3 1969); Cal. §§ 1190, 1191 (1971); Mass. ch. 268, § 13; N.J. § 2C:29-5. CROSS-REFERENCES: § 4.60 - Complicity, see §§ 58.40 and 58.50. COMMENT: No definition of “escape” is provided in this Chapter. This should cause no problems because the Code does not differentiate in penalty between attempt and substantive offenses.