Effective: September 30, 2011
Latest Legislation: House Bill 86 - 129th General Assembly
(A)(1) No person, knowing the person is under detention, other than supervised release detention, or being reckless in that regard, shall purposely break or attempt to break the detention, or purposely fail to return to detention, either following temporary leave granted for a specific purpose or limited period, or at the time required when serving a sentence in intermittent confinement.
(2)(a) Division (A)(2)(b) of this section applies to any person who is sentenced to a prison term pursuant to division (A)(3) or (B) of section 2971.03 of the Revised Code.
(b) No person to whom this division applies, for whom the requirement that the entire prison term imposed upon the person pursuant to division (A)(3) or (B) of section 2971.03 of the Revised Code be served in a state correctional institution has been modified pursuant to section 2971.05 of the Revised Code, and who, pursuant to that modification, is restricted to a geographic area, knowing that the person is under a geographic restriction or being reckless in that regard, shall purposely leave the geographic area to which the restriction applies or purposely fail to return to that geographic area following a temporary leave granted for a specific purpose or for a limited period of time.
(3) No person, knowing the person is under supervised release detention or being reckless in that regard, shall purposely break or attempt to break the supervised release detention or purposely fail to return to the supervised release detention, either following temporary leave granted for a specific purpose or limited period, or at the time required when serving a sentence in intermittent confinement.
(B) Irregularity in bringing about or maintaining detention, or lack of jurisdiction of the committing or detaining authority, is not a defense to a charge under this section if the detention is pursuant to judicial order or in a detention facility. In the case of any other detention, irregularity or lack of jurisdiction is an affirmative defense only if either of the following occurs:
(1) The escape involved no substantial risk of harm to the person or property of another.
(2) The detaining authority knew or should have known there was no legal basis or authority for the detention.
(C) Whoever violates this section is guilty of escape.
(1) If the offender violates division (A)(1) or (2) of this section, if the offender, at the time of the commission of the offense, was under detention as an alleged or adjudicated delinquent child or unruly child, and if the act for which the offender was under detention would not be a felony if committed by an adult, escape is a misdemeanor of the first degree.
(2) If the offender violates division (A)(1) or (2) of this section and if either the offender, at the time of the commission of the offense, was under detention in any other manner or the offender is a person for whom the requirement that the entire prison term imposed upon the person pursuant to division (A)(3) or (B) of section 2971.03 of the Revised Code be served in a state correctional institution has been modified pursuant to section 2971.05 of the Revised Code, escape is one of the following:
(a) A felony of the second degree, when the most serious offense for which the person was under detention or for which the person had been sentenced to the prison term under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code is aggravated murder, murder, or a felony of the first or second degree or, if the person was under detention as an alleged or adjudicated delinquent child, when the most serious act for which the person was under detention would be aggravated murder, murder, or a felony of the first or second degree if committed by an adult;
(b) A felony of the third degree, when the most serious offense for which the person was under detention or for which the person had been sentenced to the prison term under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code is a felony of the third, fourth, or fifth degree or an unclassified felony or, if the person was under detention as an alleged or adjudicated delinquent child, when the most serious act for which the person was under detention would be a felony of the third, fourth, or fifth degree or an unclassified felony if committed by an adult;
(c) A felony of the fifth degree, when any of the following applies:
(i) The most serious offense for which the person was under detention is a misdemeanor.
(ii) The person was found not guilty by reason of insanity, and the person's detention consisted of hospitalization, institutionalization, or confinement in a facility under an order made pursuant to or under authority of section 2945.40, 2945.401, or 2945.402 of the Revised Code.
(d) A misdemeanor of the first degree, when the most serious offense for which the person was under detention is a misdemeanor and when the person fails to return to detention at a specified time following temporary leave granted for a specific purpose or limited period or at the time required when serving a sentence in intermittent confinement.
(3) If the offender violates division (A)(3) of this section, except as otherwise provided in this division, escape is a felony of the fifth degree. If the offender violates division (A)(3) of this section and if, at the time of the commission of the offense, the most serious offense for which the offender was under supervised release detention was aggravated murder, murder, any other offense for which a sentence of life imprisonment was imposed, or a felony of the first or second degree, escape is a felony of the fourth degree.
(D) As used in this section, "supervised release detention" means detention that is supervision of a person by an employee of the department of rehabilitation and correction while the person is on any type of release from a state correctional institution, other than transitional control under section 2967.26 of the Revised Code or placement in a community-based correctional facility by the parole board under section 2967.28 of the Revised Code.
Structure Ohio Revised Code
Chapter 2921 | Offenses Against Justice and Public Administration
Section 2921.01 | Offenses Against Justice and Public Administration General Definitions.
Section 2921.03 | Intimidation.
Section 2921.05 | Retaliation.
Section 2921.12 | Tampering With Evidence.
Section 2921.13 | Falsification - in Theft Offense - to Purchase Firearm.
Section 2921.14 | Making or Causing False Report of Child Abuse or Neglect.
Section 2921.15 | Making False Allegation of Peace Officer Misconduct.
Section 2921.21 | Compounding a Crime.
Section 2921.22 | Failure to Report a Crime or Knowledge of a Death or Burn Injury.
Section 2921.23 | Failure to Aid a Law Enforcement Officer.
Section 2921.24 | Disclosure of Confidential Information.
Section 2921.25 | Peace Officer's Home Address Not to Be Disclosed During Trial.
Section 2921.29 | Failure to Disclose Personal Information.
Section 2921.31 | Obstructing Official Business.
Section 2921.32 | Obstructing Justice.
Section 2921.321 | Assaulting or Harassing Police Dog or Horse or Service Dog.
Section 2921.33 | Resisting Arrest.
Section 2921.331 | Failure to Comply With Order or Signal of Police Officer.
Section 2921.35 | Aiding Escape or Resistance to Lawful Authority.
Section 2921.37 | Arrest Powers of Person in Charge of Detention Facility.
Section 2921.38 | Harassment by Inmate.
Section 2921.41 | Theft in Office.
Section 2921.42 | Having an Unlawful Interest in a Public Contract.
Section 2921.43 | Soliciting or Accepting Improper Compensation.
Section 2921.44 | Dereliction of Duty.
Section 2921.45 | Interfering With Civil Rights.
Section 2921.51 | Impersonation of Peace Officer or Private Police Officer.