§ 1253 — Escape after conviction; class B felony; class C felony; class D felony

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.

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.

Legislative History

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