§ 76-8-309 — Escape.

(1) (1)(a) As used in this section:
(1)(a)(i) "Agency" means a law enforcement agency, the Department of Corrections, a county or district attorney's office, the Office of the Attorney General, the Board of Pardons and Parole, or the judicial branch, including the Judicial Council, the Administrative Office of the Courts, or a similar administrative unit of the judicial branch.
(1)(a)(ii) "Confinement in a state prison" means:
(1)(a)(ii)(A) (1)(a)(ii)(A)(I) the individual is housed in a state prison, or any other facility in accordance with a contract with the Department of Corrections or Section 80-6-507, after being sentenced and committed;
(1)(a)(ii)(A)(II) the individual's sentence has not been terminated or voided; and
(1)(a)(ii)(A)(III) the individual is not on parole;
(1)(a)(ii)(B) the individual is being housed in a county jail, after felony commitment, in accordance with a contract with the Department of Corrections;
(1)(a)(ii)(C) the individual is on parole and the individual is in prehearing custody after an arrest for a parole violation;
(1)(a)(ii)(D) the individual is housed in a state prison and is being transported as a prisoner in the state prison by a correctional officer; or
(1)(a)(ii)(E) the individual is housed in a state prison, or any other facility in accordance with a contract with the Department of Corrections or Section 80-6-507, and the individual is permitted to leave temporarily for a work release or home visit and is required to return at a designated time.
(1)(a)(iii) "Lawful authorization" does not include authorization to leave official custody, or to remove or disable a tracking device, if the authorization was obtained by means of deceit, fraud, or other artifice.
(1)(a)(iv) (1)(a)(iv)(A) "Offender" means an individual who is in official custody.
(1)(a)(iv)(B) "Offender" includes an individual who is under trusty status.
(1)(a)(v) "Official custody" means:
(1)(a)(v)(A) confinement in a state prison;
(1)(a)(v)(B) the individual is lawfully detained in a facility for secure confinement of minors that is operated by the Division of Juvenile Justice and Youth Services;
(1)(a)(v)(C) (1)(a)(v)(C)(I) the individual is lawfully detained in a county jail before trial or sentencing or the individual is housed in a county jail after sentencing and commitment;
(1)(a)(v)(C)(II) the individual's sentence has not been terminated or voided; and
(1)(a)(v)(C)(III) the individual is not on parole or probation;
(1)(a)(v)(D) the individual is lawfully detained following an arrest regardless of whether the individual was arrested with or without a warrant; or
(1)(a)(v)(E) the individual is on probation and the individual is in prehearing custody after an arrest for a probation violation.
(1)(a)(vi) (1)(a)(vi)(A) "Tracking device" means a device that reveals the device's location or movement by the transmission or recording of an electronic signal.
(1)(a)(vi)(B) "Tracking device" includes a satellite-based radio navigation system.
(1)(a)(vii) "Volunteer" means a person who donates service without pay or other compensation except for expenses actually and reasonably incurred with approval by the supervising agency.
(1)(b) Terms defined in Sections 76-1-101.5 and 76-8-101 apply to this section.
(2) An actor commits escape if the actor:
(2)(a) is an offender who, without lawful authorization:
(2)(a)(i) leaves official custody; or
(2)(a)(ii) intentionally or knowingly removes, disables, or permits the removal or disabling of, a tracking device that is installed or employed as an alternative to incarceration; or
(2)(b) (2)(b)(i) is convicted as a party to an offense under this section, as described in Section 76-2-202; and
(2)(b)(ii) is an employee at, or a volunteer of, an agency.
(3) (3)(a) Except as provided by Subsection (3)(b) or Section 76-8-309.1, a violation of Subsection (2)(a) is a third degree felony.
(3)(b) Except as provided by Section 76-8-309.1, a violation of Subsection (2)(a) is a second degree felony if the actor leaves confinement in a state prison without lawful authorization, including failing to return from a work release or home visit by the time designated for return.
(3)(c) Except as provided in Section 76-8-309.1, a violation of Subsection (2)(b) is a second degree felony.
(4) (4)(a) For purposes of an attempt to commit an escape under Section 76-4-102, the conception of the design to escape is conduct constituting a substantial step toward the commission of the crime.
(4)(b) For purposes of a conspiracy to commit an escape under Section 76-4-201, the conception of the design to escape is an overt act in pursuance of the conspiracy to commit the crime.
(4)(c) For an inchoate offense of escape, an escape is considered a continuing activity that commences with the conception of the design to escape and continues until the actor's attempt to escape is thwarted or abandoned or the actor commits the escape as described in Subsection (2)(a).
(5) For a completed offense of escape, an escape is considered a continuing activity that commences when the actor commits an escape as described in Subsection (2)(a) and continues until the actor is returned to official custody or the actor's escape is thwarted or abandoned.
(6) A court sentencing an actor for a violation of this section shall impose a consecutive sentence to any other sentence the actor is either serving or ordered to serve.

Legislative History

Repealed and Re-enacted by Chapter 187, 2024 General Session