Ark. Code Ann. § 5-54-112 (2020)
Third degree escape
- A person commits the offense of third degree escape if he or she escapes from custody.
- It is a defense to a prosecution under this section that the person escaping was in custody pursuant to an unlawful arrest.
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Third degree escape is a Class C felony if, at the time of the escape, the person is in the custody of:
- The Division of Correction;
- The Division of Community Correction; or
- A law enforcement agency.
- Otherwise third degree escape is a Class A misdemeanor.
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Third degree escape is a Class C felony if, at the time of the escape, the person is in the custody of:
History. Acts 1975, No. 280, § 2812; A.S.A. 1947, § 41-2812; Acts 2009, No. 478, § 3; 2019, No. 910, § 678.
Amendments. The 2009 amendment rewrote (c).
The 2019 amendment substituted “Division of Correction” for “Department of Correction” in (c)(1)(A), and “Division of Community Correction” for “Department of Community Correction” in (c)(1)(B).
Case Notes
Defenses.
Since a conviction of third-degree escape can be based on any of three culpable mental states, this crime is a general intent crime for which voluntary intoxication is no defense. Menard v. State, 16 Ark. App. 219, 699 S.W.2d 412 (1985).
Evidence.
Evidence held sufficient for the jury to decide that defendant was guilty of third degree escape. Blair v. State, 16 Ark. App. 1, 696 S.W.2d 755 (1985).
Instructions.
Where the defendant escaped from the holding cell, refusal to instruct on the lesser included offense of third-degree escape from mere custody was proper. Glover v. State, 8 Ark. App. 104, 648 S.W.2d 824 (1983).
Intent.
Specific intent is not a necessary element of this crime; the mens rea may be satisfied by proof that the accused acted recklessly or knowingly, as well as by proof that the accused acted purposely. Menard v. State, 16 Ark. App. 219, 699 S.W.2d 412 (1985).
Cited: France v. State, 262 Ark. 193, 555 S.W.2d 225 (1977); Hawksley v. State, 276 Ark. 504, 637 S.W.2d 573 (1982).