Idaho Code
Idaho Code § 18-2506 (2026)
Escape by one charged with or convicted of a misdemeanor — Escape by a juvenile from custody.
✓ current as of May 2026
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Escape by one charged with or convicted of a misdemeanor — Escape by a juvenile from custody.
(1) (a) Every prisoner charged with or convicted of a misdemeanor who is confined in any county jail or other place or who is engaged in any county work outside of such jail or other place, or who is in the lawful custody of any officer or person, who escapes or attempts to escape therefrom, is guilty of a misdemeanor. 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.
(b) In cases involving escape or attempted escape by use of threat, intimidation, force, violence, injury to person or property other than that of the prisoner, or wherein the escape or attempted escape was perpetrated by use or possession of any weapon, tool, instrument or other substance, the prisoner shall be guilty of a felony.
(2) Any person who is charged with, found to have committed, adjudicated for or is on probation for an offense which would be a misdemeanor 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 an officer or person, shall be subject to proceedings under the provisions of chapter 5, title 20, Idaho Code, for an act which would be a misdemeanor if committed by an adult, or, if the escape or attempted escape was undertaken as provided in subsection (1)(b) of this section, 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 misdemeanor, or if subsection (1)(b) of this section applies, of a felony and, in either case, shall be subject to adult criminal proceedings.
Notes of Decisions
Cited in 8
cases, 1953–1997 · leading case: State v. Hood, 639 P.2d 9 (Idaho 1981).
State v. Hood, 639 P.2d 9 (Idaho 1981). “All of which leads me to the view that this case is just a little too much. Hood could as easily have been charged, at the prosecutor's discretion, with escape by one charged with or convicted of a misdemeanor, I.”
Lockard v. State, 451 P.2d 1014 (Idaho 1969). “Appellant was charged with escape by means of force and violence while in custody on a misdemeanor charge, all the elements necessary to satisfy I.C. § 18-2506. 1 The information read, in part: “ * * * That the said Jess P.”
State v. Nab, 739 P.2d 438 (Idaho Ct. App. 1987). “Construing the statute under which Nab was charged with escape, I.C. § 18-2506, in light of the evidence presented at Nab’s trial, we hold that Nab should not have been charged with or convicted of felony escape.”
Bement v. State, 422 P.2d 55 (Idaho 1966). “On June 7, 1965, an incident occurred in the jail as a result of which appellant was charged with the felony of escape by one charged with or convicted of a misdemean *390 or; I.C. § 18-2506 (Supp.1965). 1 The alleged acts on which respondent grounded the charge are not revealed…”
State v. MacHen, 595 P.2d 316 (Idaho 1979). “Jon Machen, defendant-appellant, pleaded guilty to the crime of felony escape (I.C. § 18-2506) on November 4, 1976, and a presentence report was ordered.”
Ex Parte Knapp, 254 P.2d 411 (Idaho 1953). “Petitioner contends that he is entitled to his release and discharge for the reason that the above-designated statute, when considered with Section 18-2506, I.C., is constitutionally offensive because these statutes constitute an arbitrary and unnatural classification of.”
State v. Swisher, 874 P.2d 608 (Idaho Ct. App. 1994). “A companion statute, I.C. § 18-2506, makes punishable as a misdemeanor an escape by one who is confined on charges of, or conviction for, a misdemeanor.”
State v. Gregory, 936 P.2d 1340 (Idaho Ct. App. 1997). “§ 37-2732(c)(l), as well as the misdemeanor escape, I.C. § 18-2506. Gregory filed a motion to suppress the methamphetamine as evidence on the ground that the officers had not complied with the “knock and announce” statute, I.”
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