State Codes and Statutes

Statutes > Kansas > Chapter21 > Article38 > Statutes_11951

21-3809

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 38.--CRIMES AFFECTING GOVERNMENTAL FUNCTIONS

      21-3809.   Escape from custody.(a) Escape from custody is escaping while held in lawful custody on acharge or conviction of a misdemeanor, or on a charge or adjudication asa juvenile offender, as definedinK.S.A. 2007 Supp.38-2302, and amendments thereto, where theact, if committed by anadult, would constitute a misdemeanor, or on a commitment to the statesecurityhospital as provided in K.S.A. 22-3428 and amendments thereto based on afinding that the person committed an act constituting a misdemeanor or by aperson 18 years of age or over who is being held in lawful custody on anadjudication of a misdemeanor.

      (b)   As used in this section and K.S.A. 21-3810 and 21-3811, and amendmentsthereto:

      (1)   "Custody" means arrest; detention in a facility for holding personscharged with or convicted of crimes or charged or adjudicated as a juvenileoffender, as defined inK.S.A. 2007 Supp.38-2302, and amendments thereto, where the act,if committed by anadult, would constitute a misdemeanor; detention in a facility for holdingpersons adjudicated as juvenile offenders; detention for extradition ordeportation;detention in a hospital or other facility pursuant to court order, imposedas a specific condition of probation or parole or imposed as a specificcondition of assignment to a community correctional services program;commitmentto the state security hospital as provided in K.S.A. 22-3428 and amendmentsthereto; orany other detention forlaw enforcement purposes. "Custody" does not include general supervisionof a person on probation or parole or constraint incidental to release on bail.

      (2)   "Escape" means departure from custody without lawful authority orfailureto return to custody following temporary leave lawfully granted pursuant toexpress authorization of law or order of a court.

      (c)   Escape from custody is a class A nonperson misdemeanor.

      History:   L. 1969, ch. 180, § 21-3809;L. 1982, ch. 134, § 1;L. 1986, ch. 123, § 1;L. 1992, ch. 298, § 88;L. 1993, ch. 291, § 102;L. 1996, ch. 185, § 1;L. 2006, ch. 169, § 97; Jan. 1, 2007.

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article38 > Statutes_11951

21-3809

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 38.--CRIMES AFFECTING GOVERNMENTAL FUNCTIONS

      21-3809.   Escape from custody.(a) Escape from custody is escaping while held in lawful custody on acharge or conviction of a misdemeanor, or on a charge or adjudication asa juvenile offender, as definedinK.S.A. 2007 Supp.38-2302, and amendments thereto, where theact, if committed by anadult, would constitute a misdemeanor, or on a commitment to the statesecurityhospital as provided in K.S.A. 22-3428 and amendments thereto based on afinding that the person committed an act constituting a misdemeanor or by aperson 18 years of age or over who is being held in lawful custody on anadjudication of a misdemeanor.

      (b)   As used in this section and K.S.A. 21-3810 and 21-3811, and amendmentsthereto:

      (1)   "Custody" means arrest; detention in a facility for holding personscharged with or convicted of crimes or charged or adjudicated as a juvenileoffender, as defined inK.S.A. 2007 Supp.38-2302, and amendments thereto, where the act,if committed by anadult, would constitute a misdemeanor; detention in a facility for holdingpersons adjudicated as juvenile offenders; detention for extradition ordeportation;detention in a hospital or other facility pursuant to court order, imposedas a specific condition of probation or parole or imposed as a specificcondition of assignment to a community correctional services program;commitmentto the state security hospital as provided in K.S.A. 22-3428 and amendmentsthereto; orany other detention forlaw enforcement purposes. "Custody" does not include general supervisionof a person on probation or parole or constraint incidental to release on bail.

      (2)   "Escape" means departure from custody without lawful authority orfailureto return to custody following temporary leave lawfully granted pursuant toexpress authorization of law or order of a court.

      (c)   Escape from custody is a class A nonperson misdemeanor.

      History:   L. 1969, ch. 180, § 21-3809;L. 1982, ch. 134, § 1;L. 1986, ch. 123, § 1;L. 1992, ch. 298, § 88;L. 1993, ch. 291, § 102;L. 1996, ch. 185, § 1;L. 2006, ch. 169, § 97; Jan. 1, 2007.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article38 > Statutes_11951

21-3809

Chapter 21.--CRIMES AND PUNISHMENTS
PART II.--PROHIBITED CONDUCT
Article 38.--CRIMES AFFECTING GOVERNMENTAL FUNCTIONS

      21-3809.   Escape from custody.(a) Escape from custody is escaping while held in lawful custody on acharge or conviction of a misdemeanor, or on a charge or adjudication asa juvenile offender, as definedinK.S.A. 2007 Supp.38-2302, and amendments thereto, where theact, if committed by anadult, would constitute a misdemeanor, or on a commitment to the statesecurityhospital as provided in K.S.A. 22-3428 and amendments thereto based on afinding that the person committed an act constituting a misdemeanor or by aperson 18 years of age or over who is being held in lawful custody on anadjudication of a misdemeanor.

      (b)   As used in this section and K.S.A. 21-3810 and 21-3811, and amendmentsthereto:

      (1)   "Custody" means arrest; detention in a facility for holding personscharged with or convicted of crimes or charged or adjudicated as a juvenileoffender, as defined inK.S.A. 2007 Supp.38-2302, and amendments thereto, where the act,if committed by anadult, would constitute a misdemeanor; detention in a facility for holdingpersons adjudicated as juvenile offenders; detention for extradition ordeportation;detention in a hospital or other facility pursuant to court order, imposedas a specific condition of probation or parole or imposed as a specificcondition of assignment to a community correctional services program;commitmentto the state security hospital as provided in K.S.A. 22-3428 and amendmentsthereto; orany other detention forlaw enforcement purposes. "Custody" does not include general supervisionof a person on probation or parole or constraint incidental to release on bail.

      (2)   "Escape" means departure from custody without lawful authority orfailureto return to custody following temporary leave lawfully granted pursuant toexpress authorization of law or order of a court.

      (c)   Escape from custody is a class A nonperson misdemeanor.

      History:   L. 1969, ch. 180, § 21-3809;L. 1982, ch. 134, § 1;L. 1986, ch. 123, § 1;L. 1992, ch. 298, § 88;L. 1993, ch. 291, § 102;L. 1996, ch. 185, § 1;L. 2006, ch. 169, § 97; Jan. 1, 2007.