Indiana § 35-44.1-3-4 Escape

Indiana Statutes

§ 35-44.1-3-4 — Escape

Indiana § 35-44.1-3-4

Art. 44.1OFFENSES AGAINST GENERAL PUBLIC

Ch. 3Detention

This text of Indiana § 35-44.1-3-4 (Escape) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 35-44.1-3-4 (2026).

Text

(a)This section does not apply to a child who:

(1)flees from lawful detention (as defined in IC 35-31.5-2-186) where the child has been placed;

(2)violates a home detention order imposed on the child;

(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 intentionall

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(a) This section does not apply to a child
who:
(1) flees from lawful detention (as defined in IC 35-31.5-2-186)
where the child has been placed;
(2) violates a home detention order imposed on the child;
(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.