Illinois Compiled Statutes
720 ILCS 5/31-6 (2026)
Escape; failure to report to a penal institution or to report for periodic imprisonment
✓ current as of May 2026
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(720 ILCS 5/31-6)
(from Ch. 38, par. 31-6)
Sec. 31-6. Escape; failure to report to a penal institution or to report
for periodic imprisonment. (a) A person convicted of a felony or charged with the commission of a
felony, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, who intentionally escapes from any penal institution or from the custody
of an employee of that institution commits a Class 2 felony; however, a person
convicted of a felony, or adjudicated delinquent for an act which, if committed by an adult, would constitute a felony, who knowingly fails to report to a penal institution or
to report for periodic imprisonment at any time or knowingly fails to return
from furlough or from work and day release or who knowingly fails to abide
by the terms of home confinement is guilty of a Class 3 felony.
(b) A person convicted of a misdemeanor or charged with the
commission of a misdemeanor, or charged with or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, who intentionally escapes from any
penal institution or from the custody of an employee of that
institution commits a Class A misdemeanor; however, a person convicted
of a misdemeanor, or adjudicated delinquent for an act which, if committed by an adult, would constitute a misdemeanor, who knowingly fails to report to a penal institution or to
report for periodic imprisonment at any time or knowingly fails to return from
furlough or from work and day release or who knowingly fails to abide by
the terms of home confinement is guilty of a Class B misdemeanor.
(b-1) A person in the custody of the Department of Human Services under the
provisions of the Sexually Violent Persons Commitment Act under a detention order, commitment order, conditional release order, or other court order who intentionally
escapes from any secure residential facility or from a Department employee or any of its agents commits a Class 2 felony.
(c) A person in the lawful custody of a peace officer for the alleged
commission of a felony offense or an act which, if committed by an adult, would constitute a felony, and who intentionally escapes from custody
commits a Class 2 felony; however, a person in the lawful custody of a
peace officer for the alleged commission of a misdemeanor offense or an act which, if committed by an adult, would constitute a misdemeanor, who
intentionally escapes from custody commits a Class A misdemeanor.
(c-5) A person in the lawful custody of a peace officer for an alleged
violation of a term or condition of probation, conditional discharge, parole, aftercare release,
or mandatory supervised release for a felony or an act which, if committed by an adult, would constitute a felony, who intentionally escapes
from custody is guilty of a Class 2 felony.
(c-6) A person in the lawful custody of a peace officer for an alleged
violation of a term or condition of supervision, probation, or conditional
discharge for a misdemeanor or an act which, if committed by an adult, would constitute a misdemeanor, who intentionally escapes from custody is
guilty of a Class A misdemeanor.
(d) A person who violates this Section
while armed with a dangerous weapon commits a Class 1 felony.
(Source: P.A. 98-558, eff. 1-1-14; 98-770, eff. 1-1-15.)
Notes of Decisions
Cited in 54
cases (11 in the last 5 years), 1999–2026 · leading case: People v. Clark.
People v. Clark (Ill. 2019). “” 720 ILCS 5/31-6 (West 2014). -5- ¶ 22 “The legislature has the power to declare and define conduct constituting a crime and to determine the nature and extent of punishment for it.”
People v. Clark (Ill. 2019). “” 720 ILCS 5/31-6 (West 2014). ¶ 22 “The legislature has the power to declare and define conduct constituting a crime and to determine the nature and extent of punishment for it.”
People v. Reese (Ill. 2017). “1 (West 2006) ), attempted armed robbery ( 720 ILCS 5/8-4, 18-2 (West 2006)), and escape ( 720 ILCS 5/31-6 (West 2006) ). The public defender was appointed to represent defendant, but defendant subsequently informed the trial court that he wished to proceed pro se .”
People v. Bowden (Ill. App. Ct. 2000). “Justice KNECHT delivered the opinion of the court: The State appeals the order of the circuit court of Greene County dismissing a felony charge of escape (720 ILCS 5/31-6(a) (West 1998)) it brought against defendant, Wesley R.”
In re Jonathon C.B. (Ill. 2011). “” And after this court decided Taylor, the legislature negated our decision by amending the felony escape statute (720 ILCS 5/31-6 (West 2008)) to provide that an adjudication for a felony offense is to be treated as a felony conviction.”
People v. Garza (Ill. App. Ct. 2019). “OPINION ¶1 Following a bench trial, defendant, Alfredo Alberto Garza, was convicted of escape (720 ILCS 5/31-6(c) (West 2014)). The trial court sentenced him to six years in prison.”
United States v. Deondery Chambers (7th Cir. 2007). “” 720 ILCS 5/31-6(a). The defendant’s escape was in the latter category — failing to report to a penal institution.”
People v. Jones (Ill. 2017). “In Taylor, we considered whether a minor who had been adjudicated delinquent was considered a “person convicted of a felony” for purposes of the offense of escape as set forth in section 31-6(a) of the Criminal Code of 1961 (720 ILCS 5/31-6(a) (West 1998)). Ultimately, we…”
People v. Smith (Ill. App. Ct. 2014). “Smith, was convicted of escape, a Class 2 felony (720 ILCS 5/31-6(c) (West 2010)). The trial court sentenced him to seven years’ imprisonment, the maximum nonextended term (see 730 ILCS 5/5-4.”
People v. Kane (Ill. App. Ct. 2014). “BACKGROUND ¶3 After entering an open plea of guilty to one charge of escape (720 ILCS 5/31-6(c) (West 2004)), defendant was sentenced to a term of 20 years in prison.”
People v. Rogers (Ill. App. Ct. 2012). “Supplemental Briefing ¶ 40 In Beachem, the supreme court also acknowledged that a defendant’s failure to report to the sheriff’s Day Reporting program may be prosecuted as a violation of section 31-6 of the Criminal Code of 1961 (Criminal Code), which applies to defendants who…”
In Re Jonathon CB (Ill. 2011). “" And after this court decided Taylor , the legislature negated our decision by amending the felony escape statute (720 ILCS 5/31-6 (West 2008)) to provide that an adjudication for a felony offense is to be treated as a felony conviction.”
— 720 ILCS 5/31-6(a) — 27 cases
People v. Clark (Ill. 2019). “” 720 ILCS 5/31-6 (West 2014). -5- ¶ 22 “The legislature has the power to declare and define conduct constituting a crime and to determine the nature and extent of punishment for it.”
People v. Clark (Ill. 2019). “” 720 ILCS 5/31-6 (West 2014). ¶ 22 “The legislature has the power to declare and define conduct constituting a crime and to determine the nature and extent of punishment for it.”
People v. Bowden (Ill. App. Ct. 2000). “Justice KNECHT delivered the opinion of the court: The State appeals the order of the circuit court of Greene County dismissing a felony charge of escape (720 ILCS 5/31-6(a) (West 1998)) it brought against defendant, Wesley R.”
United States v. Deondery Chambers (7th Cir. 2007). “” 720 ILCS 5/31-6(a). The defendant’s escape was in the latter category — failing to report to a penal institution.”
People v. Jones (Ill. 2017). “In Taylor, we considered whether a minor who had been adjudicated delinquent was considered a “person convicted of a felony” for purposes of the offense of escape as set forth in section 31-6(a) of the Criminal Code of 1961 (720 ILCS 5/31-6(a) (West 1998)). Ultimately, we…”
— 720 ILCS 5/31-6(b) — 2 cases
In re Darius L. (Ill. App. Ct. 2012).
In re Christopher P. (Ill. App. Ct. 2012).
— 720 ILCS 5/31-6(c) — 11 cases
People v. Garza (Ill. App. Ct. 2019). “OPINION ¶1 Following a bench trial, defendant, Alfredo Alberto Garza, was convicted of escape (720 ILCS 5/31-6(c) (West 2014)). The trial court sentenced him to six years in prison.”
People v. Smith (Ill. App. Ct. 2014). “Smith, was convicted of escape, a Class 2 felony (720 ILCS 5/31-6(c) (West 2010)). The trial court sentenced him to seven years’ imprisonment, the maximum nonextended term (see 730 ILCS 5/5-4.”
People v. Kane (Ill. App. Ct. 2014). “BACKGROUND ¶3 After entering an open plea of guilty to one charge of escape (720 ILCS 5/31-6(c) (West 2004)), defendant was sentenced to a term of 20 years in prison.”
People v. Hileman (Ill. App. Ct. 2020).
People v. Murray (Ill. App. Ct. 2004).
— 720 ILCS 5/31-6(d) — 1 case
People v. Everhart (Ill. App. Ct. 2025).
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