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13-2501. Definitions
In this chapter, unless the context otherwise requires:
- "Contraband" means any dangerous drug, narcotic drug, marijuana, intoxicating liquor of any kind, deadly weapon, dangerous instrument, explosive or other article whose use or possession
would endanger the safety, security or preservation of order in a correctional facility or a juvenile secure care facility as defined by section 41-2801, or of any person within a correctional
or juvenile secure care facility.
- "Correctional facility" means any place used for the confinement or control of a person:
- Charged with or convicted of an offense; or
- Held for extradition; or
- Pursuant to an order of court for law enforcement purposes.
Lawful transportation or movement incident to correctional facility confinement pursuant to this paragraph is within the control of a correctional facility. However, for purposes of this chapter, being within the control of a correctional facility does not include release on parole, on community supervision, on probation or by other lawful authority upon the condition of subsequent personal appearance at a designated place and time.
- "Custody" means the imposition of actual or constructive restraint pursuant to an onsite arrest or court order but does not include detention in a correctional facility, juvenile detention
center or state hospital.
- "Escape" means departure from custody or from a juvenile secure care facility as described in section 41-2816, a juvenile detention facility or an adult correctional facility in which a person
is held or detained with knowledge that such departure is unpermitted or failure to return to custody or detention following a temporary leave granted for a specific purpose or for a limited period.
13-2502. Escape in the third degree; classification
- A person commits escape in the third degree if, having been arrested for, charged with or found guilty of a misdemeanor or petty offense, such person knowingly escapes or attempts to escape from custody.
- Escape in the third degree is a class 6 felony.
13-2503. Escape in the second degree; classification
- A person commits escape in the second degree by knowingly:
- Escaping or attempting to escape from a juvenile secure care facility, a juvenile detention facility or an adult correctional facility; or
- Escaping or attempting to escape from custody imposed as a result of having been arrested for, charged with or found guilty of a felony; or
- Escaping or attempting to escape from the Arizona state hospital if the person was committed to the hospital for treatment pursuant to section 8-291.09, 13-502, 13-3994, 13-4507,
13-4512 or 31-226, title 36, chapter 37 or rule 11 of the Arizona rules of criminal procedure.
- Escape in the second degree pursuant to subsection A, paragraph 1 or 2 of this section is a class 5 felony, and the sentence imposed for a violation of this section shall run consecutively
to any sentence of imprisonment for which the person was confined or to any term of community supervision for the sentence including probation, parole, work furlough or any other release.
Escape in the second degree pursuant to subsection A, paragraph 3 of this section is a class 2 misdemeanor.
13-2504. Escape in the first degree; classification
- A person commits escape in the first degree by knowingly escaping or attempting to escape from custody or a juvenile secure care facility, juvenile detention facility or an adult correctional
facility by:
- Using or threatening the use of physical force against another person; or
- Using or threatening to use a deadly weapon or dangerous instrument against another person.
- Escape in the first degree is a class 4 felony, and the sentence imposed for a violation of this section shall run consecutively to any sentence of imprisonment for which the person was
confined or to any term of community supervision for the sentence including probation, parole, work furlough or any other release.
Disclaimer: These are the statutes as they read on October 30, 2008 on the Arizona State Legislature's website. Each year the Arizona State Legislature changes some of the criminal
laws. Generally (but not always), the criminal law (statute) that is in place on the date of offense is the law that applies to the case. To find the most current version of the statute go to the
Arizona State Legislature's website (http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=13)
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