State v. ParisAnnotate this Case
Appellant, a furloughee on extended furlough in the community, failed to check in with his case manager. The State charged Appellant with escape in the second degree, in violation of Haw. Rev. Stat. 710-1021. Section 710-1021 states that a person commits the offense of escape in the second degree if the person “intentionally escapes from a correctional or detention facility or from custody.” Appellant filed a motion to dismiss for failure to state an offense, arguing that the escape charge failed to define “custody,” an essential element of the offense. The circuit court denied the motion. After a trial, the jury found Appellant guilty as charged. The intermediate court of appeals affirmed. The Supreme Court reversed for insufficiency of the evidence, holding that, under the facts of this case, failure to check in while on extended furlough is not punishable as escape in the second degree.