§ 642:8 — Bail Jumping

I. A person is guilty of an offense if, after having been released with or without bail, he:
(a) knowingly fails to appear before a court as required by the conditions of his release; or
(b) knowingly fails to surrender for service of sentence pursuant to a court order.
II. It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement that he appear or surrender, and that he appeared or surrendered as soon as such circumstances ceased to exist.
III. If the person was released:
(a) In connection with a charge of, or while awaiting sentence, surrender for service of sentence, or appeal after conviction for:
(1) An offense punishable by death, life imprisonment, or imprisonment of a maximum term of 15 years or more, he shall be fined not more than $10,000 or imprisoned for not more than 15 years, or both;
(2) An offense punishable by imprisonment for a term of more than one year, but less than 15 years, he shall be fined not more than $5,000 or imprisoned for not more than 7 years, or both;
(3) A Class A or Class B misdemeanor, he shall be fined not more than $2,000 or imprisoned for not more than one year, or both;
(4) A violation, he shall be fined not more than $1,500; or
(b) For appearance as a material witness, he shall be fined not more than $1,000 or imprisoned for not more than one year, or both.
IV. A term of imprisonment imposed pursuant to this section shall be consecutive to the sentence of imprisonment for any other offense.

Legislative History

1971, 518:1. 1986, 37:1. 1988, 110:10. 1990, 50:1. 1992, 269:7, eff. July 1, 1992.