Ohio Rev. Code » Chapter 2921
Ohio Revised Code

Ohio Rev. Code § 2921.34 (2026)

Escape

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Effective:
September 30, 2011
Latest Legislation:
House Bill 86 - 129th General Assembly
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(A)(1) No person, knowing the person is under detention, other than supervised release detention, or being reckless in that regard, shall purposely break or attempt to break the detention, or purposely fail to return to detention, either following temporary leave granted for a specific purpose or limited period, or at the time required when serving a sentence in intermittent confinement.

(2)(a) Division (A)(2)(b) of this section applies to any person who is sentenced to a prison term pursuant to division (A)(3) or (B) of section 2971.03 of the Revised Code.

(b) No person to whom this division applies, for whom the requirement that the entire prison term imposed upon the person pursuant to division (A)(3) or (B) of section 2971.03 of the Revised Code be served in a state correctional institution has been modified pursuant to section 2971.05 of the Revised Code, and who, pursuant to that modification, is restricted to a geographic area, knowing that the person is under a geographic restriction or being reckless in that regard, shall purposely leave the geographic area to which the restriction applies or purposely fail to return to that geographic area following a temporary leave granted for a specific purpose or for a limited period of time.

(3) No person, knowing the person is under supervised release detention or being reckless in that regard, shall purposely break or attempt to break the supervised release detention or purposely fail to return to the supervised release detention, either following temporary leave granted for a specific purpose or limited period, or at the time required when serving a sentence in intermittent confinement.

(B) Irregularity in bringing about or maintaining detention, or lack of jurisdiction of the committing or detaining authority, is not a defense to a charge under this section if the detention is pursuant to judicial order or in a detention facility. In the case of any other detention, irregularity or lack of jurisdiction is an affirmative defense only if either of the following occurs:

(1) The escape involved no substantial risk of harm to the person or property of another.

(2) The detaining authority knew or should have known there was no legal basis or authority for the detention.

(C) Whoever violates this section is guilty of escape.

(1) If the offender violates division (A)(1) or (2) of this section, if the offender, at the time of the commission of the offense, was under detention as an alleged or adjudicated delinquent child or unruly child, and if the act for which the offender was under detention would not be a felony if committed by an adult, escape is a misdemeanor of the first degree.

(2) If the offender violates division (A)(1) or (2) of this section and if either the offender, at the time of the commission of the offense, was under detention in any other manner or the offender is a person for whom the requirement that the entire prison term imposed upon the person pursuant to division (A)(3) or (B) of section 2971.03 of the Revised Code be served in a state correctional institution has been modified pursuant to section 2971.05 of the Revised Code, escape is one of the following:

(a) A felony of the second degree, when the most serious offense for which the person was under detention or for which the person had been sentenced to the prison term under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code is aggravated murder, murder, or a felony of the first or second degree or, if the person was under detention as an alleged or adjudicated delinquent child, when the most serious act for which the person was under detention would be aggravated murder, murder, or a felony of the first or second degree if committed by an adult;

(b) A felony of the third degree, when the most serious offense for which the person was under detention or for which the person had been sentenced to the prison term under division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code is a felony of the third, fourth, or fifth degree or an unclassified felony or, if the person was under detention as an alleged or adjudicated delinquent child, when the most serious act for which the person was under detention would be a felony of the third, fourth, or fifth degree or an unclassified felony if committed by an adult;

(c) A felony of the fifth degree, when any of the following applies:

(i) The most serious offense for which the person was under detention is a misdemeanor.

(ii) The person was found not guilty by reason of insanity, and the person's detention consisted of hospitalization, institutionalization, or confinement in a facility under an order made pursuant to or under authority of section 2945.40, 2945.401, or 2945.402 of the Revised Code.

(d) A misdemeanor of the first degree, when the most serious offense for which the person was under detention is a misdemeanor and when the person fails to return to detention at a specified time following temporary leave granted for a specific purpose or limited period or at the time required when serving a sentence in intermittent confinement.

(3) If the offender violates division (A)(3) of this section, except as otherwise provided in this division, escape is a felony of the fifth degree. If the offender violates division (A)(3) of this section and if, at the time of the commission of the offense, the most serious offense for which the offender was under supervised release detention was aggravated murder, murder, any other offense for which a sentence of life imprisonment was imposed, or a felony of the first or second degree, escape is a felony of the fourth degree.

(D) As used in this section, "supervised release detention" means detention that is supervision of a person by an employee of the department of rehabilitation and correction while the person is on any type of release from a state correctional institution, other than transitional control under section 2967.26 of the Revised Code or placement in a community-based correctional facility by the parole board under section 2967.28 of the Revised Code.
Notes of Decisions
Cited in 225 cases (62 in the last 5 years), 1977–2025 · leading case: State v. Billiter, 2012-Ohio-5144, 980 N.E.2d 960.
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State v. Billiter, 2012-Ohio-5144, 980 N.E.2d 960. · cites it 12× “Billiter was indicted on a charge of escape, in violation of R.C. 2921.34, a second-degree felony, and pled guilty the next month.”
State v. Powell, 896 N.E.2d 212 (Ohio Ct. App. 4th Dist. 2008). · cites it 17× “*833 III {¶ 31} The crux of Powell’s contention in her first assignment of error is that the trial court made improper decisions during voir dire, the presentation of evidence, and closing arguments because it misinterpreted what comprises an “irregularity” defense in the…”
State v. Jordan, 2010-Ohio-281, 922 N.E.2d 951. · cites it 30× “Eventually, Jordan was located, arrested, and charged with escape under R.C. 2921.34. A jury found him guilty of that offense.”
State v. Martello, 780 N.E.2d 250 (Ohio 2002). · cites it 6× “On September 9, 1999, appellee was indicted on one count of escape pursuant to R.C. 2921.34(A)(1), a felony of the third degree, and a warrant was issued for his arrest.”
State v. Martello, 2002-Ohio-6661, 97 Ohio St. 3d 398. · cites it 6× “On September 9, 1999, appellee was indicted on one count of escape pursuant to R.C. 2921.34(A)(1), a felony of the third degree, and a warrant was issued for his arrest.”
State v. Conyers, 87 Ohio St. 3d 246 (1999). · cites it 10× “The sole issue before this court is whether the appellees could, as a matter of law, be convicted under R.C. 2921.34(A)(1) for leaving a halfway house without permission.”
In Re Woodson, 649 N.E.2d 320 (Ohio Ct. App. 10th Dist. 1994). · cites it 28× “Title 29 includes R.C. 2921.34, which prohibits escape from detention.”
State v. Gapen, 819 N.E.2d 1047 (Ohio 2004). · cites it 3× “{¶ 56} Following his arrest for abducting Madewell, Gapen was released from jail on his own recognizance on the condition of monitoring under the electronic-home-detention program (“EHDP”).”
State v. Cepec (Slip Opinion), 2016-Ohio-8076, 75 N.E.3d 1185. · cites it 2× “A parolee commits the crime of escape when, among other provisions, the person “purposely break[s] or attempt[s] to break the supervised release detention or purposely fail[s] to return to the supervised release detention * * * following temporary leave granted for a specific…”
State v. Thompson, 809 N.E.2d 1134 (Ohio 2004). · cites it 4× “{¶ 5} R.C. 2921.34 defines escape, the crime with which Thompson was charged after he failed to report to his parole officer, and it provides: “(A)(1) No person, knowing the person is under detention or being reckless in that regard, shall purposely break or attempt to break the…”
State v. Conyers, 87 Ohio St. 3d 246 (1999). · cites it 15× “15(C)(2) prevailed as an exception to the general provision of R.C. 2921.34(A)(1). (Nos. 98-1779 and 98-1929—Submitted September 14, 1999—Decided December 1, 1999.”
State v. Davis, 612 N.E.2d 343 (Ohio Ct. App. 4th Dist. 1992). · cites it 8× “Davis appeals from a judgment of conviction and sentence rendered by the Washington County Court of Common Pleas upon a jury verdict finding appellant guilty of escape (R.C. 2921.34), grand theft of a motor vehicle (R.”
Show all 225 citing cases →
Ohio Rev. Code § 2921.34(A): 23 cases
State v. Davis, 612 N.E.2d 343 (Ohio Ct. App. 4th Dist. 1992). “Davis appeals from a judgment of conviction and sentence rendered by the Washington County Court of Common Pleas upon a jury verdict finding appellant guilty of escape (R.C. 2921.34), grand theft of a motor vehicle (R.”
State v. Claytor, 574 N.E.2d 472 (Ohio 1991).
United States v. Abdullah Mansur, 375 F. App'x 458 (6th Cir. 2010).
State v. Long, 611 N.E.2d 504 (Ohio Ct. App. 2d Dist. 1992).
Rhodes v. United States, 443 F. Supp. 2d 893 (N.D. Ohio 2006).
Ohio Rev. Code § 2921.34(A)(1): 99 cases
State v. Billiter, 2012-Ohio-5144, 980 N.E.2d 960. “Billiter was indicted on a charge of escape, in violation of R.C. 2921.34, a second-degree felony, and pled guilty the next month.”
State v. Martello, 780 N.E.2d 250 (Ohio 2002). “On September 9, 1999, appellee was indicted on one count of escape pursuant to R.C. 2921.34(A)(1), a felony of the third degree, and a warrant was issued for his arrest.”
State v. Martello, 2002-Ohio-6661, 97 Ohio St. 3d 398. “On September 9, 1999, appellee was indicted on one count of escape pursuant to R.C. 2921.34(A)(1), a felony of the third degree, and a warrant was issued for his arrest.”
State v. Conyers, 87 Ohio St. 3d 246 (1999). “The sole issue before this court is whether the appellees could, as a matter of law, be convicted under R.C. 2921.34(A)(1) for leaving a halfway house without permission.”
State v. Jordan, 2010-Ohio-281, 922 N.E.2d 951. “Eventually, Jordan was located, arrested, and charged with escape under R.C. 2921.34. A jury found him guilty of that offense.”
Ohio Rev. Code § 2921.34(A)(1)(C)(2): 5 cases
State v. Bradley, 2011-Ohio-1228.
State v. Robinson, 2011-Ohio-1737.
State v. Patterson, 2025-Ohio-4933, 273 N.E.3d 767.
State v. Chandler, 2011-Ohio-4387.
State v. Jones, 2011-Ohio-3404.
Ohio Rev. Code § 2921.34(A)(3): 35 cases
State v. Cepec (Slip Opinion), 2016-Ohio-8076, 75 N.E.3d 1185. “A parolee commits the crime of escape when, among other provisions, the person “purposely break[s] or attempt[s] to break the supervised release detention or purposely fail[s] to return to the supervised release detention * * * following temporary leave granted for a specific…”
State v. Rhoads, 2018-Ohio-2620.
United States v. Demario Denson, 728 F.3d 603 (6th Cir. 2013).
State v. James, 2023-Ohio-3524.
State v. Howard, 2024-Ohio-2410.
Ohio Rev. Code § 2921.34(A)(3)(c)(3): 1 case
State v. McCallister, 2015-Ohio-3112.
Ohio Rev. Code § 2921.34(B): 5 cases
State v. Powell, 896 N.E.2d 212 (Ohio Ct. App. 4th Dist. 2008). “*833 III {¶ 31} The crux of Powell’s contention in her first assignment of error is that the trial court made improper decisions during voir dire, the presentation of evidence, and closing arguments because it misinterpreted what comprises an “irregularity” defense in the…”
State v. Procter, 367 N.E.2d 908 (Ohio Ct. App. 4th Dist. 1977).
State v. Harkness, 598 N.E.2d 836 (Ohio Ct. App. 6th Dist. 1991).
State v. Ivey, 2017-Ohio-4162.
State v. Clark, 2016-Ohio-8508.
Ohio Rev. Code § 2921.34(B)(1): 1 case
State v. Davis, 612 N.E.2d 343 (Ohio Ct. App. 4th Dist. 1992). “Davis appeals from a judgment of conviction and sentence rendered by the Washington County Court of Common Pleas upon a jury verdict finding appellant guilty of escape (R.C. 2921.34), grand theft of a motor vehicle (R.”
Ohio Rev. Code § 2921.34(C): 3 cases
In Re Woodson, 649 N.E.2d 320 (Ohio Ct. App. 10th Dist. 1994). “Title 29 includes R.C. 2921.34, which prohibits escape from detention.”
State v. Jaeger, 5 Ohio App. Unrep. 81 (Ohio Ct. App. 5th Dist. 1990).
State v. William, 7 Ohio App. Unrep. 329 (Ohio Ct. App. 8th Dist. 1990).
Ohio Rev. Code § 2921.34(C)(1): 1 case
In re T.N., 2013-Ohio-135.
Ohio Rev. Code § 2921.34(C)(2): 3 cases
State v. Pierce, 2017-Ohio-8578, 100 N.E.3d 860.
In Re Woodson, 649 N.E.2d 320 (Ohio Ct. App. 10th Dist. 1994). “Title 29 includes R.C. 2921.34, which prohibits escape from detention.”
State v. Clark, 2016-Ohio-8508.
Ohio Rev. Code § 2921.34(C)(2)(a): 3 cases
State v. Clark, 2016-Ohio-8508.
Calvert v. City of Steubenville, No. 2:19-cv-00016 (S.D. Ohio Feb. 21, 2020).
State v. Collins, 2023-Ohio-856.
Ohio Rev. Code § 2921.34(C)(2)(b): 3 cases
State v. Pierce, 2017-Ohio-8578, 100 N.E.3d 860.
State v. Barnes, 736 N.E.2d 958 (Ohio Ct. App. 8th Dist. 1999).
State v. Parker, 2019-Ohio-2466.
Ohio Rev. Code § 2921.34(C)(2)(c)(i): 1 case
State v. Collins, 2010-Ohio-5854.
Ohio Rev. Code § 2921.34(C)(2)(d): 2 cases
In Re Woodson, 649 N.E.2d 320 (Ohio Ct. App. 10th Dist. 1994). “Title 29 includes R.C. 2921.34, which prohibits escape from detention.”
Calvert v. City of Steubenville, No. 2:19-cv-00016 (S.D. Ohio Feb. 21, 2020).
Ohio Rev. Code § 2921.34(C)(3): 2 cases
In Re Woodson, 649 N.E.2d 320 (Ohio Ct. App. 10th Dist. 1994). “Title 29 includes R.C. 2921.34, which prohibits escape from detention.”
State v. Dawson, 664 N.E.2d 1008 (Ohio Ct. App. 2d Dist. 1995).
Ohio Rev. Code § 2921.34(D): 5 cases
State v. Rhoads, 2018-Ohio-2620.
Birdsall v. Miller, 2013-Ohio-2957.
State v. Plymale, 2020-Ohio-1190.
State v. Brown, 2021-Ohio-1249.
State v. Taylor, 2022-Ohio-1681.
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