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Escape - 18 Pa. Cons. Stat. § 5121Legal Research Home > Pennsylvania Statutes Sponsored Links
SUBCHAPTER B
ESCAPE
Sec.
5121. Escape.
5122. Weapons or implements for escape.
5123. Contraband.
5124. Default in required appearance.
5125. Absconding witness.
5126. Flight to avoid apprehension, trial or punishment.
§ 5121. Escape.
(a) Escape.--A person commits an offense if he unlawfully
removes himself from official detention or fails to return to
official detention following temporary leave granted for a
specific purpose or limited period.
(b) Permitting or facilitating escape.--A public servant
concerned in detention commits an offense if he knowingly or
recklessly permits an escape. Any person who knowingly causes or
facilitates an escape commits an offense.
(c) Effect of legal irregularity in detention.--Irregularity
in bringing about or maintaining detention, or lack of
jurisdiction of the committing or detaining authority, shall not
be a defense to prosecution under this section.
(d) Grading.--
(1) An offense under this section is a felony of the
third degree where:
(i) the actor was under arrest for or detained on a
charge of felony or following conviction of crime;
(ii) the actor employs force, threat, deadly weapon
or other dangerous instrumentality to effect the escape;
or
(iii) a public servant concerned in detention of
persons convicted of crime intentionally facilitates or
permits an escape from a detention facility.
(2) Otherwise an offense under this section is a
misdemeanor of the second degree.
(e) Definition.--As used in this section the phrase
"official detention" means arrest, detention in any facility for
custody of persons under charge or conviction of crime or
alleged or found to be delinquent, detention for extradition or
deportation, or any other detention for law enforcement
purposes; but the phrase does not include supervision of
probation or parole, or constraint incidental to release on
bail.
Cross References. Section 5121 is referred to in sections
5708, 6105 of this title; sections 9711, 9802 of Title 42
(Judiciary and Judicial Procedure).
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Last modified: November 27, 2007 |