A. A person commits escape in the first degree by knowingly:
1. Escaping or attempting to escape from custody or a juvenile secure care facility, a juvenile detention facility or an adult correctional facility by either of the following:
(a) Using or threatening the use of physical force against another person.
(b) Using or threatening to use a deadly weapon or dangerous instrument against another person.
2. Escaping from an adult correctional facility.
B. 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, to any confinement in a secure care facility or to any term of community supervision for the sentence including probation, parole, work furlough or any other release.
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 1982–2021 · leading case:
State v. Pena, 683 P.2d 744 (Ariz. Ct. App. 1983).
State v. Pena, 683 P.2d 744 (Ariz. Ct. App. 1983).
· cites it 4× “The primary basis for our holding that a consecutive sentence is mandated by that statute was the supposition that the legislature intended to impose additional punishment on one who escapes, irrespective of whether at the time of escape he was in custody for an offense for…”
State v. Smith, 774 P.2d 811 (Ariz. 1989).
· cites it 4× “This instruction was based on the language of A.R.S. § 13-2504, escape in the first degree.”
State v. Henderson, 650 P.2d 1241 (Ariz. Ct. App. 1982).
· cites it 3× “1 The statute in question is A.R.S. § 13-2504, which provides as follows: § 13-2504.”
State v. Cole, 838 P.2d 1351 (Ariz. Ct. App. 1992).
· cites it 2× “” A.R.S. § 13-2504(A) (emphasis added). “Custody” is defined as “the imposition of actual or constructive restraint pursuant to an on site arrest____” A.”
State v. Befford, 754 P.2d 1141 (Ariz. 1988).
· cites it 2× “For his acts at the courthouse, defendant was charged with first degree escape, A.R.S. § 13-2504, kidnapping, A.R.S. § 13-1304, and dangerous or deadly assault by a prisoner, A.”
State v. Micalizzi, No. 1 CA-CR 20-0111 (Ariz. Ct. App. Feb. 18, 2021).
· cites it 2× “At best, “escape from custody from a correctional facility” is a clumsy construction that is clarified by reading the escape statute, which the pre-amended indictment expressly and correctly identified.”
Ariz. Rev. Stat. § 13-2504(A): 1 case
State v. Cole, 838 P.2d 1351 (Ariz. Ct. App. 1992).
“” A.R.S. § 13-2504(A) (emphasis added). “Custody” is defined as “the imposition of actual or constructive restraint pursuant to an on site arrest____” A.”
Ariz. Rev. Stat. § 13-2504(A)(1): 1 case
State v. Micalizzi, No. 1 CA-CR 20-0111 (Ariz. Ct. App. Feb. 18, 2021).
“At best, “escape from custody from a correctional facility” is a clumsy construction that is clarified by reading the escape statute, which the pre-amended indictment expressly and correctly identified.”
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