(a) Any person in the custody of the Division of Prisons of the Department of Adult Correction in any of the classifications hereinafter set forth who shall escape from the State prison system, shall for the first such offense, except as provided in subsection (g) of this section, be guilty of a Class 1 misdemeanor:
(1) A prisoner serving a sentence imposed upon conviction of a misdemeanor;
(2) A person who has been charged with a misdemeanor and who has been committed to the custody of the Division of Prisons of the Department of Adult Correction under the provisions of G.S. 162-39;
(3) Repealed by Session Laws 1985, c. 226, s. 4.
(4) A person who shall have been convicted of a misdemeanor and who shall have been committed to the Division of Prisons of the Department of Adult Correction for presentence diagnostic study under the provisions of G.S. 15A-1332(c).
(b) Any person in the custody of the Division of Prisons of the Department of Adult Correction, in any of the classifications hereinafter set forth, who shall escape from the State prison system, shall, except as provided in subsection (g) of this section, be punished as a Class H felon:
(1) A prisoner serving a sentence imposed upon conviction of a felony;
(2) A person who has been charged with a felony and who has been committed to the custody of the Division of Prisons of the Department of Adult Correction under the provisions of G.S. 162-39;
(3) Repealed by Session Laws 1985, c. 226, s. 5.
(4) A person who shall have been convicted of a felony and who shall have been committed to the Division of Prisons of the Department of Adult Correction for presentence diagnostic study under the provisions of G.S. 15A-1332(c); or
(5) Any person previously convicted of escaping or attempting to escape from the State prison system.
(c) Repealed by Session Laws 1979, c. 760, s. 5.
(d) Any person who aids or assists other persons to escape or attempt to escape from the State prison system shall be guilty of a Class 1 misdemeanor.
(e) Repealed by Session Laws 1983, c. 465, s. 5.
(f) Any person convicted of an escape or attempt to escape classified as a felony by this section shall be immediately classified and treated as a convicted felon even if such person has time remaining to be served in the State prison system on a sentence or sentences imposed upon conviction of a misdemeanor or misdemeanors.
(g) (1) Any person convicted and in the custody of the Division of Prisons of the Department of Adult Correction and ordered or otherwise assigned to work under the work-release program, G.S. 148-33.1, or any convicted person in the custody of the Division of Prisons of the Department of Adult Correction and temporarily allowed to leave a place of confinement by the Secretary of the Department of Adult Correction or his designee or other authority of law, who shall fail to return to the custody of the Division of Prisons of the Department of Adult Correction, shall be guilty of the crime of escape and subject to the applicable provisions of this section and shall be deemed an escapee. For the purpose of this subsection, escape is defined to include, but is not restricted to, willful failure to return to an appointed place and at an appointed time as ordered.
(2) If a person, who would otherwise be guilty of a first violation of G.S. 148-45(g)(1), voluntarily returns to his place of confinement within 24 hours of the time at which he was ordered to return, such person shall not be charged with an escape as provided in this section but shall be subject to such administrative action as may be deemed appropriate for an escapee by the Division of Prisons of the Department of Adult Correction; said escapee shall not be allowed to be placed on work release for a four-month period or for the balance of his term if less than four months; provided, however, that if such person commits a subsequent violation of this section then such person shall be charged with that offense and, if convicted, punished under the provisions of this section. (1933, c. 172, s. 26; 1955, c. 279, s. 2; 1963, c. 681; 1965, c. 283; 1967, c. 996, s. 13; 1973, c. 1120; c. 1262, s. 10; 1975, cc. 170, 241, 705; c. 770, ss. 1, 2; 1977, c. 732, ss. 3, 4; c. 745; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; 1983, c. 465, ss. 1-5; 1985, c. 226, ss. 3(4)-6; 1993, c. 539, ss. 1058, 1321, 1322; 1994, Ex. Sess., c. 24, s. 14(c); 1997-443, s. 19.25(t); 2011-145, s. 19.1(h), (i); 2012-83, s. 61; 2017-186, s. 2(eeeeeeee); 2021-180, s. 19C.9(o), (p).)
Notes of Decisions
Cited in
67
cases, 1955–2007 · leading case:
State v. Lockhart, 639 S.E.2d 5 (N.C. Ct. App. 2007).
State v. Lockhart, 639 S.E.2d 5 (N.C. Ct. App. 2007).
· cites it 42× “On appeal, defendant primarily argues that the indictment improperly charged him with felony escape under N.C. Gen. Stat. § 148-45 (b) (2005) rather than escape of a work-release prisoner under N.”
State v. Smith, 584 S.E.2d 830 (N.C. Ct. App. 2003).
· cites it 4× “Defendant next contends that the trial court erred by entering judgment against him for attempted felonious escape because the bill of information to which he pled “fail[ed] to allege a felony” in accordance with G.S. § 148-45. *122 On 16 January 2002, the second day of trial,…”
State v. Cooper, 167 S.E.2d 266 (N.C. 1969).
· cites it 6× “Under G.S. 148-45 (a) escape from such custody is a felony and is punishable for the first such offense “by imprisonment for not less than six months nor more than two years.”
State v. McDonald, 593 S.E.2d 793 (N.C. Ct. App. 2004).
· cites it 4× “The State charged defendant Forte with felonious escape, or attempted felonious escape, under G.S. § 148-45(b), which provides in pertinent part: (b) Any person in the custody of the Department of Correction, in any of the classifications hereinafter set forth, who shall escape…”
State v. Hammond, 300 S.E.2d 361 (N.C. 1983).
· cites it 3× “G.S. 148-45 while on work *665 release. Before a defendant can be convicted of this offense, the state must prove beyond a reasonable doubt that at the time of his escape defendant was serving a sentence of incarceration imposed for the conviction of a felony.”
State v. Best, 233 S.E.2d 544 (N.C. 1977).
· cites it 2× “G.S. 148-45 (a) made it a crime to escape from prison, while G.”
State v. Miller, 553 S.E.2d 410 (N.C. Ct. App. 2001).
· cites it 2× “In the present case, the State failed to present any evidence to the jury that defendant was serving a sentence for the commission of a felony on the date of his escape. The State argues that this fact was stipulated to by defendant.”
State v. Stallings, 148 S.E.2d 252 (N.C. 1966).
· cites it 3× “The indictment, as the court explained to the jury, is based on the following portion of G.S. 148-45: “Any prisoner serving a sentence imposed upon conviction of a felony who escapes or attempts to escape from the State prison system shall for the first such offense be guilty of…”
State v. Womble, 261 S.E.2d 263 (N.C. Ct. App. 1980).
· cites it 5× “*506 Defendant contends that the trial court erred in denying his motion to dismiss at the close of the State’s evidence on the grounds the warrant did not set out the exact date and time of the alleged escape and further failed to state the period of time was in excess of the…”
State v. Ford, 187 S.E.2d 741 (N.C. 1972).
· cites it 3× “The indictment is based on G.S. 148-45 (a) which in part provides: “Any prisoner convicted of escaping or attempting to escape from the State prison system who at any time subsequent to such conviction escapes or attempts to escape therefrom shall be guilty of a felony and, upon…”
State v. McCorkle, 945 P.2d 736 (Wash. Ct. App. 1997).
“North Carolina has at least three statutes with the word "escape” in the title: N.C. Gen. Stat. § 148-45 (1996); N.C. Gen.”
State v. Elliott, 153 S.E.2d 330 (N.C. 1967).
· cites it 2× “An examination of the record shows that the indictment accurately includes in its allegations the offense of defendant’s escape from a State prison camp where he was serving a felony sentence imposed upon him for the larceny of an automobile, which is a violation of the…”
— N.C. Gen. Stat. § 148-45(a) — 8 cases
State v. Cooper, 167 S.E.2d 266 (N.C. 1969).
“Under G.S. 148-45 (a) escape from such custody is a felony and is punishable for the first such offense “by imprisonment for not less than six months nor more than two years.”
— N.C. Gen. Stat. § 148-45(b) — 5 cases
State v. McDonald, 593 S.E.2d 793 (N.C. Ct. App. 2004).
“The State charged defendant Forte with felonious escape, or attempted felonious escape, under G.S. § 148-45(b), which provides in pertinent part: (b) Any person in the custody of the Department of Correction, in any of the classifications hereinafter set forth, who shall escape…”
State v. Hammond, 300 S.E.2d 361 (N.C. 1983).
“G.S. 148-45 while on work *665 release. Before a defendant can be convicted of this offense, the state must prove beyond a reasonable doubt that at the time of his escape defendant was serving a sentence of incarceration imposed for the conviction of a felony.”
State v. Cooper, 167 S.E.2d 266 (N.C. 1969).
“Under G.S. 148-45 (a) escape from such custody is a felony and is punishable for the first such offense “by imprisonment for not less than six months nor more than two years.”
State v. Lockhart, 639 S.E.2d 5 (N.C. Ct. App. 2007).
“On appeal, defendant primarily argues that the indictment improperly charged him with felony escape under N.C. Gen. Stat. § 148-45 (b) (2005) rather than escape of a work-release prisoner under N.”
— N.C. Gen. Stat. § 148-45(b)(1) — 1 case
— N.C. Gen. Stat. § 148-45(b)(l) — 1 case
— N.C. Gen. Stat. § 148-45(g)(2) — 2 cases
State v. Womble, 261 S.E.2d 263 (N.C. Ct. App. 1980).
“*506 Defendant contends that the trial court erred in denying his motion to dismiss at the close of the State’s evidence on the grounds the warrant did not set out the exact date and time of the alleged escape and further failed to state the period of time was in excess of the…”
State v. Lockhart, 639 S.E.2d 5 (N.C. Ct. App. 2007).
“On appeal, defendant primarily argues that the indictment improperly charged him with felony escape under N.C. Gen. Stat. § 148-45 (b) (2005) rather than escape of a work-release prisoner under N.”
— N.C. Gen. Stat. § 148-45(g)(l) — 2 cases
State v. Womble, 261 S.E.2d 263 (N.C. Ct. App. 1980).
“*506 Defendant contends that the trial court erred in denying his motion to dismiss at the close of the State’s evidence on the grounds the warrant did not set out the exact date and time of the alleged escape and further failed to state the period of time was in excess of the…”
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