Indiana Code 35-44.1-3-4. Escape
(1) flees from lawful detention (as defined in IC 35-31.5-2-186) where the child has been placed;
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Level 4 felony | between 2 and 12 years | up to $10,000 |
| Level 5 felony | between 1 and 6 years | up to $10,000 |
| Level 6 felony | between 6 mos. and 2 1/2 years | up to $10,000 |
Terms Used In Indiana Code 35-44.1-3-4
- Allegation: something that someone says happened.
(3) removes, disables, or interferes with the operation of an electronic monitoring device or GPS tracking device that the child is required to wear; or
(4) fails to return to lawful detention following temporary leave granted for a specified purpose or limited period;
due to an allegation or adjudication that the child committed an act described in IC 31-37-2-3 through IC 31-37-2-7 (status offenses), unless the child, while committing the offense, draws or uses a deadly weapon or inflicts bodily injury on another person.
(b) A person, except as provided in subsection (c), who intentionally flees from lawful detention commits escape, a Level 5 felony. However, the offense is a Level 4 felony if, while committing it, the person draws or uses a deadly weapon or inflicts bodily injury on another person.
(c) A person who:
(1) knowingly or intentionally:
(A) leaves the person’s home;
(B) remains outside of the person’s home; or
(C) travels to an unauthorized location;
in violation of a home detention order and without written or documented authorization by the supervising entity; or
(2) knowingly or intentionally removes, disables, or interferes with the operation of an electronic monitoring device or GPS tracking device;
commits escape, a Level 6 felony.
(d) A person who knowingly or intentionally fails to return to lawful detention following temporary leave granted for a specified purpose or limited period commits failure to return to lawful detention, a Level 6 felony. However, the offense is a Level 5 felony if, while committing it, the person draws or uses a deadly weapon or inflicts bodily injury on another person.
As added by P.L.126-2012, SEC.54. Amended by P.L.158-2013, SEC.511; P.L.84-2022, SEC.17; P.L.72-2023, SEC.12.