2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 51 - Obstructing Governmental Operations
5121 - Escape.


                               SUBCHAPTER B
                                  ESCAPE

     Sec.
     5121.  Escape.
     5122.  Weapons or implements for escape.
     5123.  Contraband.
     5124.  Default in required appearance.
     5125.  Absconding witness.
     5126.  Flight to avoid apprehension, trial or punishment.
     § 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 under arrest for or detained on a
            charge of felony or following conviction of crime;
                (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.

        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, 3703 of
     Title 61 (Prisons and Parole).

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