Code of Alabama
Ala. Code § 13A-10-33 (2026)
Escape in the Third Degree.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) A person commits the offense of escape in the third degree if he escapes or attempts to escape from custody.
(b) Escape in the third degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §4608; Acts 1978, No. 770, p. 1110.)
Notes of Decisions
Cited in 27
cases (2 in the last 5 years), 1983–2026 · leading case: Smitherman v. McCafferty, 622 So. 2d 322 (Ala. 1993).
Smitherman v. McCafferty, 622 So. 2d 322 (Ala. 1993). “Ala.Code 1975, § 13A-10-33(a), provides that "[a] person commits the offense of escape in the third degree if he escapes or attempts to escape from custody.”
Ex Parte Thompson, 38 So. 3d 119 (Ala. Crim. App. 2009). “1996), we stated: “ ‘Section 13A-10-33, by definition is a “catchall” statute for escapes.”
Knotts v. State, 686 So. 2d 431 (Ala. Crim. App. 1995). “did escape or attempt to escape from custody, to-wit: Department of Youth Services, in violation of Section 13A-10-33 of the Code of Alabama.”
Gibbons v. State, 676 So. 2d 956 (Ala. Crim. App. 1995). “The appellant, Gregory Shelton Gibbons, was convicted of escape in the third degree, a violation of § 13A-10-33, Code of Alabama 1975. He was sentenced as a habitual offender to 15 years in the penitentiary.”
Grantham v. State, 540 So. 2d 775 (Ala. Crim. App. 1987). “The appellant, Clinton Grantham, was convicted of escape in the third degree, in violation of § 13A-10-33, Code of Alabama 1975, and was sentenced to fifteen years' imprisonment.”
United States v. Lowery, 599 F. Supp. 2d 1299 (M.D. Ala. 2009). “*1301 It is within this context that the court must determine whether defendant Andrew O’Neal Lowery’s prior conviction for escape, 3rd degree, pursuant to 1975 Ala. Code § 13A-10-33, is a “violent felony” within the meaning of the ACCA.”
Johnson v. State, 675 So. 2d 512 (Ala. Crim. App. 1995). “The appellant, Bernard Johnson, was convicted of escape in the third degree, a violation of § 13A-10-33, Code of Alabama 1975. He was sentenced to 10 years in the penitentiary.”
Crawford v. State, 671 So. 2d 773 (Ala. Crim. App. 1995). “The drafters of the Commentary to § 13A-10-33, Code of Alabama 1975, which defines escape in the third degree, stated the following: “[Section § 13A-10-33] is addressed to any person who escapes from custody.”
Qualls v. State, 927 So. 2d 852 (Ala. Crim. App. 2005). “He was convicted of third-degree escape, a *854 violation of § 13A-10-33, Ala.Code 1975, and was acquitted of the remaining charges.”
Conner v. State, 840 So. 2d 950 (Ala. Crim. App. 2002). “Pursuant to a plea agreement with the State, Barry Lydell Conner pleaded guilty to escape in the third degree, a violation of § 13A-10-33, Ala.Code 1975. In accordance with the plea agreement, he was sentenced, as a habitual offender, to 10 years’ imprisonment; the sentence was…”
Howard v. State, 902 So. 2d 127 (Ala. Crim. App. 2004). “…§ 13A-8-4.3; impersonating a peace officer, § 13A-10-11; escape second degree, § 13A-10-32; escape third degree, § 13A-10-33; facilitating escape first degree, § 13A-10-34; hindering prosecution first degree, § 13A-10-43; and intimidating a witness, § 13A-10-123.” 443…”
Oliver v. State, 466 So. 2d 159 (Ala. Crim. App. 1984). “Danny Wayne Oliver was indicted and convicted of escape in the third degree in violation of Alabama Code 1975, § 13A-10-33. He was sentenced as a habitual offender to a term of 20 years’ imprisonment, with the sentence to run concurrently with the sentence he was presently…”
— Ala. Code § 13A-10-33(a) — 8 cases
Smitherman v. McCafferty, 622 So. 2d 322 (Ala. 1993). “Ala.Code 1975, § 13A-10-33(a), provides that "[a] person commits the offense of escape in the third degree if he escapes or attempts to escape from custody.”
Ex Parte Thompson, 38 So. 3d 119 (Ala. Crim. App. 2009). “1996), we stated: “ ‘Section 13A-10-33, by definition is a “catchall” statute for escapes.”
Crawford v. State, 671 So. 2d 773 (Ala. Crim. App. 1995). “The drafters of the Commentary to § 13A-10-33, Code of Alabama 1975, which defines escape in the third degree, stated the following: “[Section § 13A-10-33] is addressed to any person who escapes from custody.”
Conner v. State, 840 So. 2d 950 (Ala. Crim. App. 2002). “Pursuant to a plea agreement with the State, Barry Lydell Conner pleaded guilty to escape in the third degree, a violation of § 13A-10-33, Ala.Code 1975. In accordance with the plea agreement, he was sentenced, as a habitual offender, to 10 years’ imprisonment; the sentence was…”
Vickers v. State, 547 So. 2d 1189 (Ala. Crim. App. 1988).
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