Escape by one charged with, convicted of, or on probation for a felony — Escape by a juvenile from custody.
(1) Every prisoner charged with, convicted of, or on probation for a felony who is confined in any correctional facility, as defined in section 18-101A, Idaho Code, including any private correctional facility, or who while outside the walls of such correctional facility in the proper custody of any officer or person, or while in any factory, farm or other place without the walls of such correctional facility, who escapes or attempts to escape from such officer or person, or from such correctional facility, or from such factory, farm or other place without the walls of such correctional facility, shall be guilty of a felony, and upon conviction thereof, any such second term of imprisonment shall commence at the time he would otherwise have been discharged. Escape shall be deemed to include abandonment of a job site or work assignment without the permission of an employment supervisor or officer. Escape includes the intentional act of leaving the area of restriction set forth in a court order admitting a person to bail or release on a person’s own recognizance with electronic or global positioning system tracking or monitoring, or the area of restriction set forth in a sentencing order, except for leaving the area of restriction for the purpose of obtaining emergency medical care. A person may not be charged with the crime of escape for leaving the aforementioned area of restriction unless the person was notified in writing by the court at the time of setting of bail, release or sentencing of the consequences of violating this section by intentionally leaving the area of restriction.
(2) Any person who is charged with, found to have committed, adjudicated for or is on probation for an offense which would be a felony if committed by an adult, and who is confined in a juvenile detention facility or other secure or nonsecure facility for juveniles and who escapes or attempts to escape from the facility or from the lawful custody of any officer or person shall be subject to proceedings under chapter 5, title 20, Idaho Code, for an offense which would be a felony if committed by an adult. If the juvenile is or has been proceeded against as an adult, pursuant to section 20-508 or 20-509, Idaho Code, or was eighteen (18) years of age or older at the time of the escape or attempted escape, the person shall be guilty of a felony for a violation of this section and shall be subject to adult criminal proceedings.
Notes of Decisions
Cited in
55
cases (
2 in the last 5 years), 1953–2025 · leading case:
State v. Mendenhall, 679 P.2d 665 (Idaho Ct. App. 1984).
State v. Mendenhall, 679 P.2d 665 (Idaho Ct. App. 1984).
· cites it 36× “I Idaho Code § 18-2505 , set forth fully at note 2 supra, provides that if a person is convicted of escape while charged with or convicted of a felony, "any such second term of imprisonment shall commence at the time he would otherwise have been discharged.”
State v. Shanks, 75 P.3d 206 (Idaho Ct. App. 2003).
· cites it 25× “Shanks was charged with felony escape, Idaho Code § 18-2505 . Shanks filed a motion in the district court to dismiss the charge, arguing that I.”
Doan v. State, 979 P.2d 1154 (Idaho 1999).
· cites it 35× “” The state supported this interpretation of I.C. § 18-2505 by calling upon “general principles of statutory construction,” including the doctrine of in pari materia.”
State v. Beason, 803 P.2d 1009 (Idaho Ct. App. 1991).
· cites it 6× “In its decision and order dated December 8, 1978, the court stated, “That such second term of imprisonment [the one-year sentence for escape] shall, pursuant to I.C. § 18-2505 [1987], 1 commence at the time defendant *104 Beason would otherwise be discharged on his homicide…”
State v. Lampien, 223 P.3d 750 (Idaho 2009).
· cites it 4× “See I.C. § 18-2505. An escape or an attempted escape is a felony in and of itself.”
Lockard v. State, 451 P.2d 1014 (Idaho 1969).
· cites it 11× “:Jc }|í ff Both parties to this case devote some argument to the question of whether I.C. § 18-2505 2 or I.C. § 18-2506 is applicable to *821 the facts of this case and whether the one which is applicable requires a sentence to run consecutively.”
State v. Thomas, 570 P.2d 860 (Idaho 1977).
· cites it 12× “On appeal, appellant assigns error to the imposition of consecutive sentences under the facts and circumstances of this case as being unduly harsh and amounting to an abuse of discretion.”
State v. Roth, 458 P.3d 150 (Idaho 2020).
· cites it 6× “In 2017, six years after he absconded, Roth was arrested and later charged with escape, a felony under Idaho Code section 18-2505. A jury found Roth guilty of escape.”
State v. Knutson, 822 P.2d 998 (Idaho Ct. App. 1991).
· cites it 2× “§§ 18-6501, -6502; escape, I.C. § 18-2505; and second degree burglary, I.”
State v. McKaughen, 700 P.2d 93 (Idaho Ct. App. 1985).
· cites it 8× “That duty is mandated by the escape statute, I.C. § 18-2505, which we will examine more fully later in this opinion.”
State v. Swisher, 874 P.2d 608 (Idaho Ct. App. 1994).
· cites it 24× “Trent Swisher appeals from his conviction for felony escape, I.C. § 18-2505. He as *798 serts error in the district court’s denial of Swisher’s motion to dismiss the charges.”
Ramirez v. State, 741 P.2d 374 (Idaho Ct. App. 1987).
· cites it 2× “Idaho Code § 18-2505 provides that a term of imprisonment for escape shall commence when the prisoner would otherwise be discharged from custody.”
— Idaho Code § 18-2505(1) — 4 cases
State v. Shanks, 75 P.3d 206 (Idaho Ct. App. 2003).
“Shanks was charged with felony escape, Idaho Code § 18-2505 . Shanks filed a motion in the district court to dismiss the charge, arguing that I.”
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