Montana Code 45-7-306. Escape
45-7-306. Escape. (1) (a) “Official detention” means placement of a person in the legal custody of a municipality, a county, or the state as a result of:
Terms Used In Montana Code 45-7-306
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Conviction: A judgement of guilt against a criminal defendant.
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(i)a conviction for an offense or of having been charged with an offense;
(ii)the actual or constructive restraint or custody of a person by a peace officer pursuant to arrest, transport, or court order;
(iii)detention for extradition or deportation;
(iv)placement in a community corrections facility or program;
(v)supervision while under a supervised release program;
(vi)participation in a county jail work program under 7-32-2225 through 7-32-2227; or
(vii)any lawful detention for the purpose of the protection of the welfare of the person detained or for the protection of society.
(b)Official detention does not include supervision of a person on probation or parole, constraint incidental to release on bail, or an unlawful arrest unless the person arrested employed physical force, a threat of physical force, or a weapon to escape.
(2)A person subject to official detention commits the offense of escape if the person knowingly or purposely eludes official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited time. A person also commits the offense of escape if the person is participating in a county jail work program under 7-32-2225 through 7-32-2227 and knowingly or purposely fails to appear for work at a time and place scheduled for participation in the program.
(3)A person convicted of the offense of escape shall be:
(a)imprisoned in the state prison for a term not to exceed 20 years if the person escapes by the use or threat of force, physical violence, a weapon, or a simulated weapon;
(b)imprisoned in the state prison for a term not to exceed 10 years if the person escapes after having been charged with or convicted of a felony; or
(c)fined an amount not to exceed $500 or imprisoned in the county jail for a term not to exceed 6 months, or both, if the person escapes under circumstances other than those described in subsections (3)(a) and (3)(b).