Indiana statute

Ind. Code § 35-44.1-3-4 — Escape

Current through 2026 Regular Session

Part of Chapter 3: Detention, Indiana Code.

Criminal charges under this statute

Escape

Full text of Ind. Code § 35-44.1-3-4

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 35-44.1-3-4Primary source, current through the 2026 Regular Session

Sec. 4. (a) This section does not apply to a child who: (1) flees from lawful detention (as defined in IC 35-31.5-2-186 ) where the child has been placed; (2) violates a home detention order imposed on the child; (3) removes, disables, or interferes with the operation of an electronic monitoring device or GPS tracking device that the child is required to wear; or (4) fails to return to lawful detention following temporary leave granted for a specified purpose or limited period; due to an allegation or adjudication that the child committed an act described in IC 31-37-2-3 through IC 31-37-2-7 (status offenses), unless the child, while committing the offense, draws or uses a deadly weapon or inflicts bodily injury on another person. (b) A person, except as provided in subsection (c), who intentionally flees from lawful detention commits escape, a Level 5 felony. However, the offense is a Level 4 felony if, while committing it, the person draws or uses a deadly weapon or inflicts bodily injury on another person. (c) A person who: (1) knowingly or intentionally: (A) leaves the person's home; (B) remains outside of the person's home; or (C) travels to an unauthorized location; in violation of a home detention order and without written or documented authorization by the supervising entity; or (2) knowingly or intentionally removes, disables, or interferes with the operation of an electronic monitoring device or GPS tracking device; commits escape, a Level 6 felony. (d) A person who knowingly or intentionally fails to return to lawful detention following temporary leave granted for a specified purpose or limited period commits failure to return to lawful detention, a Level 6 felony. However, the offense is a Level 5 felony if, while committing it, the person draws or uses a deadly weapon or inflicts bodily injury on another person.

Official sources

Legal terms used in this section

Questions this section answers

Is escape a felony or a misdemeanor in Indiana?

It depends on the circumstances: escape ranges from a Level 6 Felony to a Level 4 Felony in Indiana under Ind. Code § 35-44.1-3-4.

Escape from lawful detention: Level 5 Felony (Ind. Code § 35-44.1-3-4(b)) · Escape from lawful detention with deadly weapon or bodily injury: Level 4 Felony (Ind. Code § 35-44.1-3-4(b)) · Violation of home detention order or tampering with monitoring device: Level 6 Felony (Ind. Code § 35-44.1-3-4(c)) · Failure to return to lawful detention: Level 6 Felony (Ind. Code § 35-44.1-3-4(d)) · Failure to return to lawful detention with deadly weapon or bodily injury: Level 5 Felony (Ind. Code § 35-44.1-3-4(d))

Which Indiana statute covers escape?

Escape is governed by Ind. Code § 35-44.1-3-4 (Escape).

This reference is informational and is not legal advice.