(1) A person is guilty of escape in the third degree if he or she:

Attorney's Note

Under the Washington Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C felonyup to 5 yearsup to $10,000
gross misdemeanorup to 364 daysup to $5,000
For details, see Wash. Rev. Code § 9A.20.021

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Terms Used In Washington Code 9A.76.130

  • Conviction: A judgement of guilt against a criminal defendant.
  • Custody: means restraint pursuant to a lawful arrest or an order of a court, or any period of service on a work crew: PROVIDED, That custody pursuant to chapter 13. See Washington Code 9A.76.010
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(a) Escapes from custody; or
(b) Knowingly violates the terms of an electronic monitoring program.
(2) Escape in the third degree is a misdemeanor, except as provided in subsection (3) of this section.
(3)(a) If the person has one prior conviction for escape in the third degree, escape in the third degree is a gross misdemeanor.
(b) If the person has two or more prior convictions for escape in the third degree, escape in the third degree is a class C felony.

NOTES:

Term of escaped prisoner recaptured: RCW 9.31.090.