State Codes and Statutes

Statutes > Kansas > Chapter21 > Article38 > Statutes_11952

21-3810

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

      21-3810.   Aggravated escape from custody.Aggravated escape from custody is:

      (a)   Escaping while held in lawful custody (1) upon acharge or conviction ofa felony or (2) upon a charge or adjudication as a juvenile offender asdefined inK.S.A. 2007 Supp.38-2302, andamendments thereto, where the act, if committed by an adult, would constitute afelony or (3) prior to or upon a finding of probable cause forevaluation as asexually violentpredator as provided in K.S.A. 59-29a05 and amendments thereto or(4) upon commitmentto a treatment facility as a sexually violent predator as provided pursuant toK.S.A. 59-29a01 et seq. and amendments thereto or (5) upon acommitmentto thestate security hospital as provided inK.S.A. 22-3428 and amendments thereto based on a finding that the personcommitted an act constituting a felony or (6)by a person 18 years of age or over who is being heldon anadjudication of a felony or (7) upon incarceration at a state correctionalinstitution as defined in K.S.A. 75-5202 and amendmentsthereto, while in thecustody of the secretary of corrections; or

      (b)   Escaping effected or facilitated by the use of violence or the threatof violence against any person while held in lawful custody(1) on a charge or conviction ofanycrime or (2) on a charge or adjudication as a juvenile offender asdefined inK.S.A. 2007 Supp.38-2302, and amendmentsthereto, where the act, if committed by an adult, would constitute afelony or (3)prior to or upon a finding of probable cause for evaluation as asexually violentpredator as provided in K.S.A. 59-29a05 and amendments thereto or(4) upon commitmentto a treatment facility as a sexually violent predator as provided in K.S.A.59-29a01 et seq. and amendments thereto or (5) upon a commitment tothe statesecurity hospital as provided inK.S.A. 22-3428 and amendments thereto based on a finding that the personcommitted an act constituting any crime or (6) by a person 18 years ofage orover who is being held on a charge oradjudication of amisdemeanor orfelony or (7) upon incarceration at astate correctional institution as defined in K.S.A.75-5202 and amendmentsthereto, while in the custody of the secretary of corrections.

      (c) (1)   Aggravated escape from custody as described in subsection(a)(1), (a)(3), (a)(4), (a)(5) or (a)(6) isa severitylevel 8, nonperson felony.

      (2)   Aggravated escape from custody as described in subsection (a)(2) or(a)(7) is aseverity level 5, nonperson felony.

      (3)   Aggravated escape from custody as described insubsection (b)(1),(b)(3), (b)(4), (b)(5) or (b)(6) is aseveritylevel 6, person felony.

      (4)   Aggravated escape from custody as described in subsection (b)(2) or(b)(7) is aseverity level 5, person felony.

      History:   L. 1969, ch. 180, § 21-3810;L. 1992, ch. 298, § 89;L. 1993, ch. 291, § 103;L. 1995, ch. 193, § 12;L. 1996, ch. 185, § 2;L. 1999, ch. 164, § 11;L. 2000, ch. 36, § 1;L. 2006, ch. 169, § 98; Jan. 1, 2007.

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article38 > Statutes_11952

21-3810

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

      21-3810.   Aggravated escape from custody.Aggravated escape from custody is:

      (a)   Escaping while held in lawful custody (1) upon acharge or conviction ofa felony or (2) upon a charge or adjudication as a juvenile offender asdefined inK.S.A. 2007 Supp.38-2302, andamendments thereto, where the act, if committed by an adult, would constitute afelony or (3) prior to or upon a finding of probable cause forevaluation as asexually violentpredator as provided in K.S.A. 59-29a05 and amendments thereto or(4) upon commitmentto a treatment facility as a sexually violent predator as provided pursuant toK.S.A. 59-29a01 et seq. and amendments thereto or (5) upon acommitmentto thestate security hospital as provided inK.S.A. 22-3428 and amendments thereto based on a finding that the personcommitted an act constituting a felony or (6)by a person 18 years of age or over who is being heldon anadjudication of a felony or (7) upon incarceration at a state correctionalinstitution as defined in K.S.A. 75-5202 and amendmentsthereto, while in thecustody of the secretary of corrections; or

      (b)   Escaping effected or facilitated by the use of violence or the threatof violence against any person while held in lawful custody(1) on a charge or conviction ofanycrime or (2) on a charge or adjudication as a juvenile offender asdefined inK.S.A. 2007 Supp.38-2302, and amendmentsthereto, where the act, if committed by an adult, would constitute afelony or (3)prior to or upon a finding of probable cause for evaluation as asexually violentpredator as provided in K.S.A. 59-29a05 and amendments thereto or(4) upon commitmentto a treatment facility as a sexually violent predator as provided in K.S.A.59-29a01 et seq. and amendments thereto or (5) upon a commitment tothe statesecurity hospital as provided inK.S.A. 22-3428 and amendments thereto based on a finding that the personcommitted an act constituting any crime or (6) by a person 18 years ofage orover who is being held on a charge oradjudication of amisdemeanor orfelony or (7) upon incarceration at astate correctional institution as defined in K.S.A.75-5202 and amendmentsthereto, while in the custody of the secretary of corrections.

      (c) (1)   Aggravated escape from custody as described in subsection(a)(1), (a)(3), (a)(4), (a)(5) or (a)(6) isa severitylevel 8, nonperson felony.

      (2)   Aggravated escape from custody as described in subsection (a)(2) or(a)(7) is aseverity level 5, nonperson felony.

      (3)   Aggravated escape from custody as described insubsection (b)(1),(b)(3), (b)(4), (b)(5) or (b)(6) is aseveritylevel 6, person felony.

      (4)   Aggravated escape from custody as described in subsection (b)(2) or(b)(7) is aseverity level 5, person felony.

      History:   L. 1969, ch. 180, § 21-3810;L. 1992, ch. 298, § 89;L. 1993, ch. 291, § 103;L. 1995, ch. 193, § 12;L. 1996, ch. 185, § 2;L. 1999, ch. 164, § 11;L. 2000, ch. 36, § 1;L. 2006, ch. 169, § 98; Jan. 1, 2007.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter21 > Article38 > Statutes_11952

21-3810

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

      21-3810.   Aggravated escape from custody.Aggravated escape from custody is:

      (a)   Escaping while held in lawful custody (1) upon acharge or conviction ofa felony or (2) upon a charge or adjudication as a juvenile offender asdefined inK.S.A. 2007 Supp.38-2302, andamendments thereto, where the act, if committed by an adult, would constitute afelony or (3) prior to or upon a finding of probable cause forevaluation as asexually violentpredator as provided in K.S.A. 59-29a05 and amendments thereto or(4) upon commitmentto a treatment facility as a sexually violent predator as provided pursuant toK.S.A. 59-29a01 et seq. and amendments thereto or (5) upon acommitmentto thestate security hospital as provided inK.S.A. 22-3428 and amendments thereto based on a finding that the personcommitted an act constituting a felony or (6)by a person 18 years of age or over who is being heldon anadjudication of a felony or (7) upon incarceration at a state correctionalinstitution as defined in K.S.A. 75-5202 and amendmentsthereto, while in thecustody of the secretary of corrections; or

      (b)   Escaping effected or facilitated by the use of violence or the threatof violence against any person while held in lawful custody(1) on a charge or conviction ofanycrime or (2) on a charge or adjudication as a juvenile offender asdefined inK.S.A. 2007 Supp.38-2302, and amendmentsthereto, where the act, if committed by an adult, would constitute afelony or (3)prior to or upon a finding of probable cause for evaluation as asexually violentpredator as provided in K.S.A. 59-29a05 and amendments thereto or(4) upon commitmentto a treatment facility as a sexually violent predator as provided in K.S.A.59-29a01 et seq. and amendments thereto or (5) upon a commitment tothe statesecurity hospital as provided inK.S.A. 22-3428 and amendments thereto based on a finding that the personcommitted an act constituting any crime or (6) by a person 18 years ofage orover who is being held on a charge oradjudication of amisdemeanor orfelony or (7) upon incarceration at astate correctional institution as defined in K.S.A.75-5202 and amendmentsthereto, while in the custody of the secretary of corrections.

      (c) (1)   Aggravated escape from custody as described in subsection(a)(1), (a)(3), (a)(4), (a)(5) or (a)(6) isa severitylevel 8, nonperson felony.

      (2)   Aggravated escape from custody as described in subsection (a)(2) or(a)(7) is aseverity level 5, nonperson felony.

      (3)   Aggravated escape from custody as described insubsection (b)(1),(b)(3), (b)(4), (b)(5) or (b)(6) is aseveritylevel 6, person felony.

      (4)   Aggravated escape from custody as described in subsection (b)(2) or(b)(7) is aseverity level 5, person felony.

      History:   L. 1969, ch. 180, § 21-3810;L. 1992, ch. 298, § 89;L. 1993, ch. 291, § 103;L. 1995, ch. 193, § 12;L. 1996, ch. 185, § 2;L. 1999, ch. 164, § 11;L. 2000, ch. 36, § 1;L. 2006, ch. 169, § 98; Jan. 1, 2007.