(a) A person is guilty of escape from custody if such person (1) escapes from custody, or (2) has been adjudicated as delinquent, and escapes from or fails to return from an authorized leave to a state or private facility or institution in which such person has been placed by the court.
(b) If a person has been arrested for, charged with or convicted of a felony, escape from such custody is a class C felony, otherwise, escape from custody is a class A misdemeanor.
(1969, P.A. 828, S. 172; 1971, P.A. 16; P.A. 00-209, S. 2; P.A. 18-31, S. 42.)
History: 1971 act changed escape from custody after arrest or charge for, or conviction of, a felony from a Class D to a Class C felony; P.A. 00-209 added Subsec. (a)(2) re person who has been convicted as delinquent and fails to return from an authorized leave or escapes from a facility or institution in which such person was assigned or placed and made technical changes; P.A. 18-31 amended Subsec. (a)(2) by replacing “convicted” with “adjudicated”, deleting provision re commitment to Department of Children and Families, deleting Subpara. (A) re failure to return from leave authorized under Sec. 17a-8a, deleting Subpara. (B) designator, adding provision re failure to return from authorized leave and replacing provision re person assigned or placed by Commissioner of Children and Families with provision re person placed by the court, effective July 1, 2018.
Cited. 173 C. 35; 188 C. 406; 196 C. 309; 197 C. 588; 207 C. 270; 211 C. 398; 220 C. 270.
Cited. 3 CA 684; 12 CA 604; 23 CA 160; Id., 615; 24 CA 287; 36 CA 691; 37 CA 276; Id., 733. Knowledge of being charged with a felony, rather than a misdemeanor, is not an essential element. 114 CA 155.
Notes of Decisions
Cited in
25
cases (
1 in the last 5 years), 1977–2026 · leading case:
State v. Laws, 655 A.2d 1131 (Conn. App. Ct. 1995).
State v. Laws, 655 A.2d 1131 (Conn. App. Ct. 1995).
· cites it 19× “to 1991) § 53a-217, 3 two counts of interfering with an officer in violation of General Statutes § 53a-167a, 4 using a motor vehicle without the owner’s *278 permission in violation of General Statutes § 53a-119b,* ** 5 and escape from custody in violation of General Statutes §…”
State v. Roy, 376 A.2d 391 (Conn. 1977).
· cites it 7× “On a trial to a jury, the defendant was found guilty of violating § 53a-171 (b) of the General Statutes in that on September 27, 1974, he escaped from custody while charged with the felony of burglary in the third degree.”
Johnson v. Manson, 493 A.2d 846 (Conn. 1985).
· cites it 5× “The issue presented in this habeas corpus proceeding is whether the petitioner, Samuel Lewis Johnson, must be credited under General Statutes § 18-98 1 for the 109 days he spent in a Florida jail while resisting extradition to Connecticut for trial on the charge of escape from…”
Fair v. Warden, 559 A.2d 1094 (Conn. 1989).
· cites it 4× “Fair, guilty of first degree robbery, in violation of General Statutes §§ 53a-8 and 53a-134 (a) (3), 1 and of escape from cus *400 tody, in violation of General Statutes § 53a-171.* 2 The trial court imposed on the petitioner an effective sentence of twenty years imprisonment,…”
State v. Woods, 583 A.2d 639 (Conn. App. Ct. 1990).
· cites it 6× “The defendant appeals from a judgment of conviction, after a jury trial, of escape from custody in violation of General Statutes § 53a-171. The defendant claims that the trial court improperly refused to charge the jury on the defense of necessity and failed to instruct the jury…”
State v. Burgos, 155 A.3d 246 (Conn. App. Ct. 2017).
· cites it 2× “See General Statutes § 53a-171 ("[a] A person is guilty of escape from custody if such person [1] escapes from custody .”
State v. Henderson, 658 A.2d 585 (Conn. App. Ct. 1995).
· cites it 4× “The defendant appeals from the judgment of conviction, rendered after a jury trial, of robbery in the first degree in violation of General Statutes § 53a-134 (a) (3), 1 attempt to escape from custody in violation of General Statutes §§ 53a-171, 53a-168 (2) 2 and 53a-49, assault…”
State v. Vidro, 800 A.2d 661 (Conn. App. Ct. 2002).
· cites it 4× “h intent to sell by a person who is not drug-dependent in violation of General Statutes § 21a-278 (b), 1 possession of narcotics with intent to sell within 1500 feet of a public housing project in violation of General Statutes § 21a-278a (b), 2 criminal trespass in the third…”
State v. Towns, 968 A.2d 975 (Conn. App. Ct. 2009).
· cites it 5× “” Subsection (b) adds a sentence enhancement for persons escaping when they are charged with or convicted of a felony: “If a person has been arrested for, charged with or convicted of a felony, escape from such custody is a class C felony, otherwise, escape from custody is a…”
State v. Niblack, 596 A.2d 407 (Conn. 1991).
· cites it 2× “The defendant, Brian Niblack, was charged in an original information with the crime of murder in violation of General Statutes § 53a-54a, 1 and, in an additional information, with the crimes of escape from custody in violation of General Statutes § 53a-171, and kidnapping in…”
D'Onofrio v. Comm'r of Corr., 652 A.2d 1058 (Conn. App. Ct. 1995).
· cites it 8× “On appeal, the petitioner argues *692 that his conviction for escape from custody must be vacated because General Statutes § 53a-171 1 does not apply to out-of-state inmates in temporary custody pursuant to the Interstate Agreement on Detainers (IAD), General Statutes § 54-186…”
State v. Wright, 500 A.2d 547 (Conn. 1985).
· cites it 2× “This case principally presents statutory and constitutional arguments arising out of the overlapping scope of two crimes, escape from custody; General Statutes § 53a-171; 1 and kidnapping in the first degree.”
— Conn. Gen. Stat. § 53a-171(b) — 1 case
State v. Roy, 376 A.2d 391 (Conn. 1977).
“On a trial to a jury, the defendant was found guilty of violating § 53a-171 (b) of the General Statutes in that on September 27, 1974, he escaped from custody while charged with the felony of burglary in the third degree.”
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