Ky. Rev. Stat. » Chapter 520
Kentucky Revised Statutes

Ky. Rev. Stat. § 520.040 (2026)

Escape in the third degree

✓ current as of May 2026
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(1) A person is guilty of escape in the third degree when he escapes from custody. (2) Escape in the third degree is a Class B misdemeanor. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 172, effective January 1, 1975.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1981–2023 · leading case: Cohron v. Commonwealth, 306 S.W.3d 489 (Ky. 2010).
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Cohron v. Commonwealth, 306 S.W.3d 489 (Ky. 2010). · cites it 4× “[10] Cohron does not argue that he was entitled to an instruction on third-degree escape as to the May 28 escape charge.”
Lawton v. Commonwealth, 354 S.W.3d 565 (Ky. 2011). · cites it 3× “The findings in the jury instruction would support a conviction for third-degree escape under KRS 520.040, but of course that was not the crime Appellant was convicted of here.”
Lackey v. Commonwealth, 468 S.W.3d 348 (Ky. 2015). “KRS 520.040(1). . Commonwealth v. Swift, 237 S.”
Commonwealth v. Johnson, 615 S.W.2d 1 (Ky. Ct. App. 1981). “030 when he has been in jail charged with misdemeanors? The lower court held he could only be charged with a misdemeanor (KRS 520.040) rather than a felony. The Commonwealth argues that it doesn’t matter what a defendant is charged with, that the statute provides for a felony…”
Toby Akers v. Commonwealth of Kentucky (Ky. Ct. App. 2023). “” KRS 520.040. Under both statutes, “escape” is defined as “departure from custody or the detention facility in which a person is held or detained when the departure is unpermitted[.”
— Ky. Rev. Stat. § 520.040(1) — 3 cases
Lawton v. Commonwealth, 354 S.W.3d 565 (Ky. 2011). “The findings in the jury instruction would support a conviction for third-degree escape under KRS 520.040, but of course that was not the crime Appellant was convicted of here.”
Cohron v. Commonwealth, 306 S.W.3d 489 (Ky. 2010). “[10] Cohron does not argue that he was entitled to an instruction on third-degree escape as to the May 28 escape charge.”
Lackey v. Commonwealth, 468 S.W.3d 348 (Ky. 2015). “KRS 520.040(1). . Commonwealth v. Swift, 237 S.”
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