2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 10 - Offenses Against Public Administration
Article 3 - Escape and Other Offenses Related to Confinement
§ 16-10-52. Escape

1. A person commits the offense of escape when he or she:
   1. Having been convicted of a felony or misdemeanor or of the violation of a municipal ordinance, intentionally escapes from lawful custody or from any place of lawful confinement;
   2. Being in lawful custody or lawful confinement prior to conviction, intentionally escapes from such custody or confinement;
   3. Having been adjudicated of a delinquent act or a juvenile traffic offense, or as a child in need of services subject to lawful custody or lawful confinement, intentionally escapes from lawful custody or from any place of lawful confinement;
   4. Being in lawful custody or lawful confinement prior to adjudication, intentionally escapes from such custody or confinement; or
   5. Intentionally fails to return as instructed to lawful custody or lawful confinement or to any residential facility operated by the Georgia Department of Corrections after having been released on the condition that he or she will so return; provided, however, such person shall be allowed a grace period of eight hours from the exact time specified for return if such person can prove he or she did not intentionally fail to return.
2. 1. A person who, having been convicted of a felony, is convicted of the offense of escape shall be punished by imprisonment for not less than one nor more than ten years.
   2. Any person charged with a felony who is in lawful confinement prior to conviction or adjudication who is convicted of the offense of escape shall be punished by imprisonment for not less than one nor more than five years.
   3. Notwithstanding paragraphs (1) and (2) of this subsection, a person who commits the offense of escape while armed with a dangerous weapon shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than 20 years.
   4. Any other person convicted of the offense of escape shall be punished as for a misdemeanor.

(a.1)Revocation of probation for conduct in violation of any provision of subsection (a) of this Code section shall not preclude an independent criminal prosecution under this Code section based on the same conduct.

(Laws 1833, Cobb's 1851 Digest, p. 807; Code 1863, § 4378; Code 1868, § 4416; Code 1873, § 4484; Ga. L. 1876, p. 112, § 1; Ga. L. 1882-83, p. 48, § 1; Code 1882, §§ 4483a, 4484; Ga. L. 1884-85, p. 52, § 1; Penal Code 1895, §§ 314, 316; Penal Code 1910, §§ 319, 321; Code 1933, §§ 26-4507, 26-4509; Ga. L. 1953, Nov.-Dec. Sess., p. 187, § 1; Ga. L. 1955, p. 578, § 1; Ga. L. 1961, p. 491, § 1; Code 1933, § 26-2501, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1983, p. 645, § 1; Ga. L. 1989, p. 329, § 1; Ga. L. 1994, p. 852, § 1; Ga. L. 1997, p. 1064, § 10; Ga. L. 2001, p. 94, § 2; Ga. L. 2013, p. 294, § 4-8/HB 242.)

- Conduct of trials of inmates charged with escaping from state or county correctional institution, § 17-8-50.

Demand by Governor for return of fugitives by other states, § 17-13-42 et seq.

Authority of Commissioner of Corrections to issue arrest warrant, § 42-2-8.

- Ga. L. 1997, p. 1064, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Juvenile Justice Act of 1997'."

Ga. L. 1997, p. 1064, § 12, not codified by the General Assembly, provides that the provisions of that Act "shall not affect or abate the status of a crime or delinquent act or of any such act or omission which occurred prior to April 22, 1997, nor shall the prosecution of such crime or delinquent act be abated as a result of the provisions of this Act."

Ga. L. 2001, p. 94, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the '2001 Crime Prevention Act'."

Ga. L. 2001, p. 94, § 8, not codified by the General Assembly, provides that this Act shall apply to offenses of escape committed on or after July 1, 2001.

Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: "This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions."

- Fugitive procedures, Official Compilation of the Rules and Regulations of the State of Georgia, Board of Corrections, Institutional and Center Operations, § 125-3-1-.07

- For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 69 (1997). For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 122 (1994). For note on the 2001 amendment of this Code section, see 18 Ga. St. U.L. Rev. 47 (2001).

ANALYSIS

• General Consideration
• Indictment and Accusation
• Defenses
• Application

OPINIONS OF THE ATTORNEY GENERAL

Crime of escape not completed until inmate departs from prison itself.

- Crime of escape is not committed by inmate prior to the inmate's departure from custody, which would be a departure from the prison itself; a prisoner is merely attempting to escape from custody until the prisoner actually escapes. 1970 Op. Att'y Gen. No. 70-131.

- Residents of diversion centers may be charged with escape when they abscond. 1986 Op. Att'y Gen. No. 86-3.

- Correctional officers are authorized to use their police power to arrest an escaping inmate who has previously been convicted of a felony or misdemeanor for felony of escape. In making this arrest, the officer is justified in using same reasonable force provided under law for arrest by police officers when felony has been committed in their presence. 1981 Op. Att'y Gen. No. 81-82.

Correctional officer making lawful arrest can use no more force than is reasonably necessary under circumstances and cannot use force disproportionate to resistance offered. 1981 Op. Att'y Gen. No. 81-82.

- There are several prerequisites to use of deadly force by correctional officer in preventing escape. First, inmate must have previously been convicted of felony or misdemeanor. Secondly, correctional officer must either know that inmate is trying to escape or be able to reasonably conclude in the officer's own mind from circumstances that inmate is trying to escape, thus committing felony offense of escape. Thirdly, circumstances must be such that a reasonable man would have felt that it was necessary to use deadly force at time to prevent escape. 1981 Op. Att'y Gen. No. 81-82.

- Assuming that release of one accused of escape does not interrupt service of existing sentence, accused is entitled to be released on bail if offense is a misdemeanor, and if a felony, the accused is entitled to bail either before or after indictment. 1970 Op. Att'y Gen. No. U70-136.

RESEARCH REFERENCES

Am. Jur. 2d.

- 27A Am. Jur. 2d, Escape, § 1 et seq.

- 30A C.J.S., Escape and Related Offenses; Rescue, § 1 et seq.

- Dispute over custody as affecting charge of obstructing or resisting arrest, 3 A.L.R. 1290.

What justifies escape or attempt to escape, or assistance in that regard, 70 A.L.R.2d 1430.

Escape or prison breach as affected by means employed, 96 A.L.R.2d 520.

What felonies are inherently or foreseeably dangerous to human life for purposes of felony-murder doctrine, 50 A.L.R.3d 397.

Escape from public employee or institution other than correctional or law enforcement employee or institution as criminal offense, 69 A.L.R.3d 625.

Escape from custody of private person as criminal offense, 69 A.L.R.3d 664.

Failure of prisoner to return at expiration of work furlough or other permissive release period as crime of escape, 76 A.L.R.3d 658.

Temporary unauthorized absence of prisoner as escape or attempted escape, 76 A.L.R.3d 695.

What constitutes such discriminatory prosecution or enforcement of laws as to provide valid defense in state criminal proceedings, 95 A.L.R.3d 280.

Admissibility of evidence that defendant escaped or attempted to escape while being detained for offense in addition to that or those presently being prosecuted, 3 A.L.R.4th 1085.

Conviction for escape where prisoner fails to leave confines of prison or institution, 79 A.L.R.4th 1060.

Duress, necessity, or conditions of confinement as justification for escape from prison, 54 A.L.R.5th 141.

Construction and application of enhanced sentencing provision of Armed Career Criminal Act (ACCA), 18 U.S.C.A. § 924(e) - United States Supreme Court cases, 67 A.L.R. Fed. 2d 1.