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Oregon Revised Statutes

Or. Rev. Stat. § 162.145 (2026)

Escape in the third degree

✓ current as of May 2026
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      162.145 Escape in the third degree. (1) A person commits the crime of escape in the third degree if the person escapes from custody.

      (2) It is a defense to a prosecution under this section that the person escaping or attempting to escape was in custody pursuant to an illegal arrest.

      (3) Escape in the third degree is a Class A misdemeanor. [1971 c.743 §190]

 

      162.150 [Repealed by 1971 c.743 §432]

Notes of Decisions
Cited in 54 cases (17 in the last 5 years), 1973–2026 · leading case: State v. Davis, 377 P.3d 583 (Or. 2016).
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State v. Davis, 377 P.3d 583 (Or. 2016). · cites it 5× “ORS 162.145(1). The trial court concluded that the police, in shouting for defendant to stop, had effectively placed him in “constructive custody.”
State v. Lonergan, 176 P.3d 374 (Or. 2008). · cites it 6× “See ORS 162.145 (defining escape in the third degree); ORS 162.”
State v. Lane, 144 P.3d 927 (Or. 2006). · cites it 4× “155, for escaping from a correctional facility, and escape in the third degree, ORS 162.145, for escaping from custody. Following a bench trial, the trial court found that defendant unlawfully had departed from a “correctional facility’ when he left the courtroom after being…”
State v. Edwards, 562 P.3d 1114 (Or. Ct. App. 2025). · cites it 6× “Defendant appeals a judgment of conviction for one count of escape in the third degree, ORS 162.145. He assigns error to the trial court’s denial of his motion for judgment of acquittal (MJOA), arguing that the officer lacked proba- ble cause to legally arrest him as necessary…”
State v. Palaia, 614 P.2d 1120 (Or. 1980). · cites it 4× “[3] The defendant's second assignment of error is that the trial court erred in failing to instruct the jury on the lesser included offense of escape in the third degree, ORS 162.145, which provides: "(1) A person commits the crime of escape in the third degree if he escapes…”
State v. Thomas, 211 P.3d 979 (Or. Ct. App. 2009). · cites it 3× “Defendant appeals a judgment of conviction for, among other things, escape in the third degree, ORS 162.145. He assigns error to the trial court’s denial of his motion for a judgment of acquittal on that charge, arguing that there was insufficient evidence that he was in…”
State v. Stock, 146 P.3d 393 (Or. Ct. App. 2006). · cites it 2× “ORS 162.145. He assigns error to the trial court’s denial of his motion to suppress evidence of a controlled substance discovered by a police officer conducting an inventory of a car in which defendant was a passenger.”
State v. McVay, 833 P.2d 297 (Or. 1992). · cites it 6× “ORS 162.145. ORS 162.145 provides in relevant part that “[a] person commits the crime of escape in the third degree if the person escapes from custody.”
State v. Allred, 995 P.2d 1210 (Or. Ct. App. 2000). · cites it 2× “065 (perjury); ORS 162.145 to ORS 162.165 (escape); ORS 162.”
State v. Davis, 462 P.3d 295 (Or. Ct. App. 2020). “” 1 Defendant was also convicted of escape in the third degree, ORS 162.145, and interfering with a peace officer or parole and probation officer, ORS 162.”
State v. Lykins, 348 P.3d 231 (Or. 2015). “085; escape and related offenses, ORS 162.145 to 162.175; failure to appear, ORS 162.”
State v. Payne, 487 P.3d 413 (Or. Ct. App. 2021). “247; third-degree escape, ORS 162.145; resisting arrest, ORS 162.315; fourth- degree assault, ORS 163.”
Show all 54 citing cases →
— Or. Rev. Stat. § 162.145(1) — 14 cases
State v. Davis, 377 P.3d 583 (Or. 2016). “ORS 162.145(1). The trial court concluded that the police, in shouting for defendant to stop, had effectively placed him in “constructive custody.”
State v. Lane, 144 P.3d 927 (Or. 2006). “155, for escaping from a correctional facility, and escape in the third degree, ORS 162.145, for escaping from custody. Following a bench trial, the trial court found that defendant unlawfully had departed from a “correctional facility’ when he left the courtroom after being…”
State v. Oneill, 303 P.3d 944 (Or. Ct. App. 2013).
State v. Edwards, 562 P.3d 1114 (Or. Ct. App. 2025). “Defendant appeals a judgment of conviction for one count of escape in the third degree, ORS 162.145. He assigns error to the trial court’s denial of his motion for judgment of acquittal (MJOA), arguing that the officer lacked proba- ble cause to legally arrest him as necessary…”
State v. Funrue, 339 Or. App. 427 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 162.145(2) — 3 cases
State v. Edwards, 562 P.3d 1114 (Or. Ct. App. 2025). “Defendant appeals a judgment of conviction for one count of escape in the third degree, ORS 162.145. He assigns error to the trial court’s denial of his motion for judgment of acquittal (MJOA), arguing that the officer lacked proba- ble cause to legally arrest him as necessary…”
State v. Vasquez-Rubio, 897 P.2d 324 (Or. Ct. App. 1995).
State v. McVay, 833 P.2d 297 (Or. 1992). “ORS 162.145. ORS 162.145 provides in relevant part that “[a] person commits the crime of escape in the third degree if the person escapes from custody.”
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