Chapter 21: Crimes And Punishments

PART II.--PROHIBITED CONDUCT

Article 38: Crimes Affecting Governmental Functions

Statute 21-3809: Escape from custody. (a) Escape from custody is escaping while held in lawful custody on a charge or conviction of a misdemeanor, or on a charge or adjudication as a juvenile offender, as defined in K.S.A. 2007 Supp. 38-2302, and amendments thereto, where the act, if committed by an adult, would constitute a misdemeanor, or on a commitment to the state security hospital as provided in K.S.A. 22-3428 and amendments thereto based on a finding that the person committed an act constituting a misdemeanor or by a person 18 years of age or over who is being held in lawful custody on an adjudication of a misdemeanor.

      (b)   As used in this section and K.S.A. 21-3810 and 21-3811, and amendments thereto:

      (1)   "Custody" means arrest; detention in a facility for holding persons charged with or convicted of crimes or charged or adjudicated as a juvenile offender, as defined in K.S.A. 2007 Supp. 38-2302, and amendments thereto, where the act, if committed by an adult, would constitute a misdemeanor; detention in a facility for holding persons adjudicated as juvenile offenders; detention for extradition or deportation; detention in a hospital or other facility pursuant to court order, imposed as a specific condition of probation or parole or imposed as a specific condition of assignment to a community correctional services program; commitment to the state security hospital as provided in K.S.A. 22-3428 and amendments thereto; or any other detention for law enforcement purposes. "Custody" does not include general supervision of a person on probation or parole or constraint incidental to release on bail.

      (2)   "Escape" means departure from custody without lawful authority or failure to return to custody following temporary leave lawfully granted pursuant to express authorization of law or order of a court.

      (c)   Escape from custody is a class A nonperson misdemeanor.

      History:   L. 1969, ch. 180, § 21-3809; L. 1982, ch. 134, § 1; L. 1986, ch. 123, § 1; L. 1992, ch. 298, § 88; L. 1993, ch. 291, § 102; L. 1996, ch. 185, § 1; L. 2006, ch. 169, § 97; Jan. 1, 2007.