US Laws, Codes, Statutes & Cases

      21-3810.   Aggravated escape from custody. Aggravated escape from custody is:

      (a)   Escaping while held in lawful custody (1) upon a charge or conviction of a felony or (2) upon a charge or adjudication as a juvenile offender as defined in K.S.A. 38-1602, and amendments thereto, where the act, if committed by an adult, would constitute a felony or (3) prior to or upon a finding of probable cause for evaluation as a sexually violent predator as provided in K.S.A. 59-29a05 and amendments thereto or (4) upon commitment to a treatment facility as a sexually violent predator as provided pursuant to K.S.A. 59-29a01 et seq. and amendments thereto or (5) upon a commitment to the state security hospital as provided in K.S.A. 22-3428 and amendments thereto based on a finding that the person committed an act constituting a felony or (6) by a person 18 years of age or over who is being held on an adjudication of a felony or (7) upon incarceration at a state correctional institution as defined in K.S.A. 75-5202 and amendments thereto, while in the custody of the secretary of corrections; or

      (b)   Escaping effected or facilitated by the use of violence or the threat of violence against any person while held in lawful custody (1) on a charge or conviction of any crime or (2) on a charge or adjudication as a juvenile offender as defined in K.S.A. 38-1602, and amendments thereto, where the act, if committed by an adult, would constitute a felony or (3) prior to or upon a finding of probable cause for evaluation as a sexually violent predator as provided in K.S.A. 59-29a05 and amendments thereto or (4) upon commitment to a treatment facility as a sexually violent predator as provided in K.S.A. 59-29a01 et seq. and amendments thereto or (5) upon a commitment to the state security hospital as provided in K.S.A. 22-3428 and amendments thereto based on a finding that the person committed an act constituting any crime or (6) by a person 18 years of age or over who is being held on a charge or adjudication of a misdemeanor or felony or (7) upon incarceration at a state correctional institution as defined in K.S.A. 75-5202 and amendments thereto, while in the custody of the secretary of corrections.

      (c) (1)   Aggravated escape from custody as described in subsection (a)(1), (a)(3), (a)(4), (a)(5) or (a)(6) is a severity level 8, nonperson felony.

      (2)   Aggravated escape from custody as described in subsection (a)(2) or (a)(7) is a severity level 5, nonperson felony.

      (3)   Aggravated escape from custody as described in subsection (b)(1), (b)(3), (b)(4), (b)(5) or (b)(6) is a severity level 6, person felony.

      (4)   Aggravated escape from custody as described in subsection (b)(2) or (b)(7) is a severity level 5, person felony.

      History:   L. 1969, ch. 180, § 21-3810; L. 1992, ch. 298, § 89; L. 1993, ch. 291, § 103; L. 1995, ch. 193, § 12; L. 1996, ch. 185, § 2; L. 1999, ch. 164, § 11; L. 2000, ch. 36, § 1; July 1.