§ 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:
(A) under arrest for or detained on a charge of felony;
(B) convicted of a crime; or
(C) found to be delinquent of an offense which, if committed by an adult, would be classified as a felony and the actor is at least 18 years of age at the time of the violation of this section;
(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.
(Sept. 27, 2014, P.L.2482, No.138, eff. 60 days)
2014 Amendment. Act 138 amended subsec. (d)(1)(i).
Cross References. Section 5121 is referred to in sections 5708, 6105 of this title; sections 9711, 9802 of Title 42 (Judiciary and Judicial Procedure); sections 1162, 3513, 5006 of Title 61 (Prisons and Parole).
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