Washington Code 9A.76.120 – Escape in the second degree
Current as of: 2023 | Check for updates
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(1) A person is guilty of escape in the second degree if:
Attorney's Note
Under the Washington Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class C felony | up to 5 years | up to $10,000 |
Terms Used In Washington Code 9A.76.120
- Custody: means restraint pursuant to a lawful arrest or an order of a court, or any period of service on a work crew: PROVIDED, That custody pursuant to chapter 13. See Washington Code 9A.76.010
- Detention facility: means any place used for the confinement of a person (a) arrested for, charged with or convicted of an offense, or (b) charged with being or adjudicated to be a juvenile offender as defined in RCW 13. See Washington Code 9A.76.010
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
- Uncontrollable circumstances: means an act of nature such as a flood, earthquake, or fire, or a medical condition that requires immediate hospitalization or treatment, or an act of a human being such as an automobile accident or threats of death, forcible sexual attack, or substantial bodily injury in the immediate future for which there is no time for a complaint to the authorities and no time or opportunity to resort to the courts. See Washington Code 9A.76.010
(a) He or she knowingly escapes from a detention facility; or
(b) Having been charged with a felony or an equivalent juvenile offense, he or she knowingly escapes from custody; or
(c) Having been committed under chapter 10.77 RCW for a sex, violent, or felony harassment offense and being under an order of conditional release, he or she knowingly leaves or remains absent from the state of Washington without prior court authorization.
(2) It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from remaining in custody or in the detention facility or from returning to custody or to the detention facility, and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement to remain or return, and that the person returned to custody or the detention facility as soon as such circumstances ceased to exist.
(3) Escape in the second degree is a class C felony.
[ 2001 c 287 § 2; 2001 c 264 § 2; 1995 c 216 § 15; 1982 1st ex.s. c 47 § 24; 1975 1st ex.s. c 260 § 9A.76.120.]
NOTES:
Effective dates—2001 c 287: See note following RCW 9A.76.115.
Effective date—2001 c 264: See note following RCW 9A.76.110.
Severability—1982 1st ex.s. c 47: See note following RCW 9.41.190.
Term of escaped prisoner recaptured: RCW 9.31.090.