Title 22 — CRIMES

The term, prisoner, as used in this chapter, includes every person who is in custody by being under arrest or by being under process of law issued from a court of competent jurisdiction, whether civil or criminal. A prisoner at the time of escape need not be in a place designated…

Any escape by a prisoner constitutes first degree escape if the prisoner effects the escape: (1) By means of the use or threat of violence; (2) From a secure correctional facility; or (3) From the immediate custody of a law enforcement officer or Department of Corrections employe…

Any escape by a prisoner constitutes second degree escape if the prisoner effects the escape by means of failure to return to custody following an assignment or temporary leave granted for a specific purpose or limited period or leaves a nonsecure correctional facility without au…

If a prisoner escapes, the person from whose custody that prisoner escaped may immediately pursue and retake that prisoner at any time and in any place in the state. To retake a prisoner, the person pursuing may, after notice of intention and refusal of admittance, break open an …

Any person who conceals any prisoner knowing that the prisoner has escaped is guilty of a Class 5 felony. Source: SDC 1939, § 13.1228; SDCL, § 24-12-5; SL 1978, ch 185 , § 13; SDCL Supp, § 24-12-12; SL 2005, ch 120 , § 322. 22-11A-6, 22-11A-7. Transferred to §§ 24-12A-1 and 24-12…