2006 Ohio Revised Code - 2921.34. Escape.

§ 2921.34. Escape.
 

(A) (1)  No person, knowing the person is under detention or being reckless in that regard, shall purposely break or attempt to break the detention, or purposely fail to return to detention, either following temporary leave granted for a specific purpose or limited period, or at the time required when serving a sentence in intermittent confinement. 

(2) No person who is adjudicated a sexually violent predator and is sentenced to a prison term pursuant to division (A)(3) of section 2971.03 of the Revised Code for the sexually violent offense, for whom the requirement that the entire prison term be served in a state correctional institution has been modified pursuant to section 2971.05 of the Revised Code, and who, pursuant to that modification, is restricted to a geographic area, knowing that the person is under a geographic restriction or being reckless in that regard, shall purposely leave the geographic area to which the restriction applies or purposely fail to return to that geographic area following a temporary leave granted for a specific purpose or for a limited period of time. 

(B)  Irregularity in bringing about or maintaining detention, or lack of jurisdiction of the committing or detaining authority, is not a defense to a charge under this section if the detention is pursuant to judicial order or in a detention facility. In the case of any other detention, irregularity or lack of jurisdiction is an affirmative defense only if either of the following occurs: 

(1) The escape involved no substantial risk of harm to the person or property of another. 

(2) The detaining authority knew or should have known there was no legal basis or authority for the detention. 

(C)  Whoever violates this section is guilty of escape. 

(1) If the offender, at the time of the commission of the offense, was under detention as an alleged or adjudicated delinquent child or unruly child and if the act for which the offender was under detention would not be a felony if committed by an adult, escape is a misdemeanor of the first degree. 

(2) If the offender, at the time of the commission of the offense, was under detention in any other manner or was adjudicated a sexually violent predator for whom the requirement that the entire prison term imposed pursuant to division (A)(3) of section 2971.03 of the Revised Code be served in a state correctional institution has been modified pursuant to section 2971.05 of the Revised Code, escape is one of the following: 

(a) A felony of the second degree, when the most serious offense for which the person was under detention or adjudicated a sexually violent predator is aggravated murder, murder, or a felony of the first or second degree or, if the person was under detention as an alleged or adjudicated delinquent child, when the most serious act for which the person was under detention would be aggravated murder, murder, or a felony of the first or second degree if committed by an adult; 

(b) A felony of the third degree, when the most serious offense for which the person was under detention or adjudicated a sexually violent predator is a felony of the third, fourth, or fifth degree or an unclassified felony or, if the person was under detention as an alleged or adjudicated delinquent child, when the most serious act for which the person was under detention would be a felony of the third, fourth, or fifth degree or an unclassified felony if committed by an adult; 

(c) A felony of the fifth degree, when any of the following applies: 

(i) The most serious offense for which the person was under detention is a misdemeanor. 

(ii) The person was found not guilty by reason of insanity, and the person's detention consisted of hospitalization, institutionalization, or confinement in a facility under an order made pursuant to or under authority of section 2945.40, 2945.401 [2945.40.1], or 2945.402 [2945.40.2] of the Revised Code. 

(d) A misdemeanor of the first degree, when the most serious offense for which the person was under detention is a misdemeanor and when the person fails to return to detention at a specified time following temporary leave granted for a specific purpose or limited period or at the time required when serving a sentence in intermittent confinement. 

(D)  As used in this section: 

(1) "Adjudicated a sexually violent predator" has the same meaning as in section 2929.01 of the Revised Code, and a person is "adjudicated a sexually violent predator" in the same manner and the same circumstances as are described in that section. 

(2) "Sexually violent offense" has the same meaning as in section 2971.01 of the Revised Code. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 144 v H 298 (Eff 7-26-91); 144 v S 37 (Eff 7-31-92); 144 v H 725 (Eff 4-16-93); 145 v H 42 (Eff 2-9-94); 146 v S 2 (Eff 7-1-96); 146 v H 180 (Eff 1-1-97); 146 v S 285. Eff 7-1-97; 150 v H 473, § 1, eff. 4-29-05.
 

The provisions of § 3 of H.B. 473 (150 v  - ) read as follows: 

SECTION 3. Section 2921.34 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 180 and Am. Sub. S.B. 285 of the 121st General Assembly. * * * The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composites are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act. 

The effective date is set by section 4 of SB 285. 

 

Effect of Amendments

150 v H 473, effective April 29, 2005, in (A)(2), inserted "adjudicated a sexually violent predator and is", and substituted "for the sexually violent offense" for "as a sexually violent predator"; in (C)(2), inserted "adjudicated"; and added (D). 

 

19xx Committee Report or Comment.
 

1974 Committee Comment to H 511

This section consolidates several sections in former law, and restates the offense of escape so as to include an escape from arrest as well as escape from a lock-up, jail, workhouse, juvenile detention home, or penal or reformatory institution. It also includes failing to return to detention following temporary leave such as that incidental to work release or weekend sentencing. 

Under the section, proof of guilt of escape requires a showing that the offender knew he was under detention or perversely disregarded a risk that he was under detention. The purpose of this requirement is to protect those who don't know and have not reasonably been informed that they are under detention, or who reasonably believe they are the victims of an illegal detention committed for the purpose of harming them in some way. 

The section sets forth the conditions under which irregularity or lack of jurisdiction with respect to the detention serves as an affirmative defense in a prosecution for escape. The defense is not available at all if the detention involved is pursuant to a court order or is in a lock-up, jail, or similar facility. Thus, escape from a county jail or the penitentiary is a violation of this section even though the arrest or conviction under which the offender is detained is subsequently quashed or set aside on appeal. Irregularity or lack of jurisdiction is a defense in other cases, however, so long as there is no risk of harm to persons or property in breaking detention, or when the detaining authority should have known the detention was illegal. 

Under this section, escape is a felony regardless of its nature, whereas under former law escape from a penal or reformatory institution was a felony, and escape from a workhouse was a misdemeanor calling for a sentence of up to double the term of the original sentence. 

Escape is a felony of the fourth degree. In addition, imprisonment imposed for escape must be served consecutively to any other sentence of imprisonment imposed on the offender. 

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