A person shall be guilty of escape after conviction if such person, after entering a plea of guilty or having been convicted by the court, escapes from a detention facility or other place having custody of such person or from the custody of the Department of Health and Social Services or the Department of Correction.

Attorney's Note

Under the Delaware Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class B felonybetween 2 and 25 years
Class C felonyup to 15 years
Class D felonyup to 8 years
For details, see Del. Code Ann.tit. 11, § 4205

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Terms Used In Delaware Code Title 11 Sec. 1253

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.

Escape after conviction shall be a class D felony; provided, however, that if the defendant uses force or the threat of force against another person or possesses a deadly weapon at the time of escape, it shall be a class C felony. If the defendant inflicts injury upon another person during the escape or from the time of escape until such person is again in custody, it shall be a class B felony. Any sentence imposed upon conviction of escape after conviction shall not run concurrently with any other sentence.

11 Del. C. 1953, § ?1253; 58 Del. Laws, c. 497, § ?1; 59 Del. Laws, c. 547, § ?8; 63 Del. Laws, c. 168, § ?2; 67 Del. Laws, c. 130, § ?8; 67 Del. Laws, c. 350, § ?36; 70 Del. Laws, c. 186, § ?1; 74 Del. Laws, c. 67, § ?1;