(a)It is unlawful for any person who is remanded by a magistrate or judge of any court in this state to the custody of a sheriff, marshal, or other police agency, to thereafter escape or attempt to escape from that custody.
(b)It is unlawful for any person who has been lawfully arrested by any peace officer and who knows, or by the exercise of reasonable care should have known, that he or she has been so arrested, to thereafter escape or attempt to escape from that peace officer.
(c)Any person who violates subdivision (a) or (b) is guilty of a misdemeanor, punishable by imprisonment in a county jail not to exceed one year. However, if the escape or
attempted escape is by force or violence, and the person proximately causes a peace officer serious bodily injury, the person shall be punished by imprisonment in the state prison for two, three, or four years, or by imprisonment in a county jail not to exceed one year.
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 2013–2023 · leading case:
People v. Pulido CA2/7 (Cal. Ct. App. 2022).
People v. Pulido CA2/7 (Cal. Ct. App. 2022).
“(a)(1)) and a misdemeanor count of escape (Pen. Code, § 836.6, subd. (b)) and admitted he had suffered a prior strike conviction, a 2003 conviction for first degree burglary (Pen.”
People v. Levine CA1/4 (Cal. Ct. App. 2023).
“Code, § 69), and one count of knowingly escaping from a peace officer after being lawfully arrested, a misdemeanor (Pen. Code, § 836.6, subd. (b)). Following a preliminary hearing, the trial court ordered Levine held over on the first count and dismissed the second.”
(HC) Torres v. Ducart (E.D. Cal. 2019).
“Code, § 594(a)); escape from arrest 13 (Cal. Pen. Code, § 836.6(b)); and resisting a police officer (Cal.”
Matthew James Zamora v. Clark Ducart (C.D. Cal. 2020).
“) 25 26 On May 19, 2015, a Los Angeles County Superior Court jury convicted Petitioner of 27 second-degree murder (California Penal Code (“Penal Code”) § 187(a)), misdemeanor escape 28 from arrest (Penal Code § 836.6(b), and resisting an executive officer (Penal Code § 69).”
People v. Settle CA2/8 (Cal. Ct. App. 2013).
“(a)), one count of misdemeanor escape from arrest (Pen. Code, § 836.6, subd. (b)), and one misdemeanor count of being under the influence of a controlled substance (Health & Saf.”
— Cal. Penal Code § 836.6(b) — 2 cases
(HC) Torres v. Ducart (E.D. Cal. 2019).
“Code, § 594(a)); escape from arrest 13 (Cal. Pen. Code, § 836.6(b)); and resisting a police officer (Cal.”
Matthew James Zamora v. Clark Ducart (C.D. Cal. 2020).
“) 25 26 On May 19, 2015, a Los Angeles County Superior Court jury convicted Petitioner of 27 second-degree murder (California Penal Code (“Penal Code”) § 187(a)), misdemeanor escape 28 from arrest (Penal Code § 836.6(b), and resisting an executive officer (Penal Code § 69).”
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