A. A person commits escape in the second degree by knowingly:

Terms Used In Arizona Laws 13-2503

  • Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
  • Community supervision: means that portion of a felony sentence that is imposed by the court pursuant to section 13-603, subsection I and that is served in the community after completing a period of imprisonment or served in prison in accordance with section 41-1604. See Arizona Laws 13-105
  • Correctional facility: means any place used for the confinement or control of a person:

    (a) Charged with or convicted of an offense; or

    (b) Held for extradition; or

    (c) Pursuant to an order of court for law enforcement purposes. See Arizona Laws 13-2501

  • Custody: means the imposition of actual or constructive restraint pursuant to an on-site arrest or court order but does not include detention in a correctional facility, juvenile detention center or state hospital. See Arizona Laws 13-2501
  • Escape: means departure from custody or from a juvenile secure care facility as described in section 41-2816, a juvenile detention facility or an adult correctional facility in which a person is held or detained with knowledge that such departure is unpermitted or failure to return to custody or detention following a temporary leave granted for a specific purpose or for a limited period. See Arizona Laws 13-2501
  • Felony: means an offense for which a sentence to a term of imprisonment in the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
  • Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
  • Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

1. Escaping or attempting to escape from a juvenile secure care facility, a juvenile detention facility or an adult correctional facility; or

2. Escaping or attempting to escape from custody imposed as a result of having been arrested for, charged with or found guilty of a felony; or

3. Escaping or attempting to escape from the Arizona state hospital if the person was committed to the hospital for treatment pursuant to section 8-291.09, 13-502, 13-3994, 13-4507, 13-4512 or 31-226 or rule 11 of the Arizona rules of criminal procedure; or

4. Escaping or attempting to escape from the Arizona state hospital if the person was committed to the hospital for treatment pursuant to title 36, chapter 37.

B. Escape in the second degree pursuant to subsection A, paragraph 1, 2 or 4 of this section is a class 5 felony, and the sentence imposed for a violation of this section shall run consecutively to any sentence of imprisonment for which the person was confined or to any term of community supervision for the sentence including probation, parole, work furlough or any other release.  Escape in the second degree pursuant to subsection A, paragraph 3 of this section is a class 2 misdemeanor.