Oregon Revised Statutes

Or. Rev. Stat. § 162.155 (2026)

Escape in the second degree

✓ current as of May 2026
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      162.155 Escape in the second degree. (1) A person commits the crime of escape in the second degree if:

      (a) The person uses or threatens to use physical force escaping from custody; or

      (b) Having been convicted or found guilty of a felony, the person escapes from custody imposed as a result thereof; or

      (c) The person escapes from a correctional facility; or

      (d) While under the jurisdiction of the Psychiatric Security Review Board under ORS 161.315 to 161.351, the person departs, is absent from or fails to return to this state without authorization of the board.

      (2) Escape in the second degree is a Class C felony. [1971 c.743 §191; 1983 c.800 §13; 1985 c.192 §1; 2011 c.708 §22; 2017 c.442 §21]

 

      162.160 [Repealed by 1971 c.743 §432]

Notes of Decisions
Cited in 96 cases (16 in the last 5 years), 1972–2026 · leading case: State v. Lonergan, 176 P.3d 374 (Or. 2008).
State v. Lonergan, 176 P.3d 374 (Or. 2008). · cites it 22× “145 (defining escape in the third degree); ORS 162.155 (defining escape in the second degree); ORS 162.”
State v. Palaia, 614 P.2d 1120 (Or. 1980). · cites it 27× “The defendant was charged by a grand jury indictment with the crime of escape in *1121 the second degree, ORS 162.155. [1] The indictment charged a violation of ORS 162.”
State v. Lane, 144 P.3d 927 (Or. 2006). · cites it 14× “Defendant’s indictment charged him with escape in the second degree, ORS 162.155, for escaping from a correctional facility, and escape in the third degree, ORS 162.”
State v. Galligan, 816 P.2d 601 (Or. 1991). · cites it 16× “ORS 162.155. In 1987 (and still), ORS 162.”
State v. Metcalfe, 19 P.3d 374 (Or. Ct. App. 2001). · cites it 11× “135(5) defines the term “escape” for purposes of escape in the second degree as “the unlawful departure of a person from custody!.”
State v. Lonergan, 149 P.3d 1215 (Or. Ct. App. 2006). · cites it 10× “]” This case turns on the correct interpretation of the phrase “uses * * * physical force escaping from custody.”
State v. Jones, 196 P.3d 97 (Or. Ct. App. 2008). · cites it 3× “In that case, the defendant was convicted of second-degree escape, ORS 162.155(l)(c), after he fled the courtroom when the trial judge “reduced him to custody.”
State v. Fore, 62 P.3d 400 (Or. Ct. App. 2003). · cites it 3× “135, and escape in the second degree, ORS 162.155. Defendant moved to dismiss the indictment on the ground that the Josephine County prosecution barred the Marion County prosecution.”
State v. Isom, 837 P.2d 491 (Or. 1992). · cites it 2× “ORS 162.155(1)(c) and (2). In 1989, the legislature amended ORS 162.”
State v. Prophet, 507 P.3d 735 (Or. Ct. App. 2022). “Lane, we concluded that a defendant cannot be convicted of escape from a correctional facility, ORS 162.155(1)(c), without demonstrating that he had an awareness of a necessary circumstance of the offense—that is, that what he escaped from was, in fact, a correctional facility.”
State v. Dillenburg, 621 P.2d 1193 (Or. Ct. App. 1980). · cites it 4× “Defendant appeals from a judgment of conviction for Escape in the Second Degree, ORS 162.155. At the time of his escape the defendant was confined in the Forest Work Camp located in Tillamook County.”
State v. Patterson, 346 P.3d 614 (Or. Ct. App. 2015). · cites it 16× “ORS 162.155 was enacted as part of the 1971 comprehensive revision of the criminal code.”
— Or. Rev. Stat. § 162.155(1) — 10 cases
State v. Lonergan, 176 P.3d 374 (Or. 2008). “145 (defining escape in the third degree); ORS 162.155 (defining escape in the second degree); ORS 162.”
State v. Metcalfe, 19 P.3d 374 (Or. Ct. App. 2001). “135(5) defines the term “escape” for purposes of escape in the second degree as “the unlawful departure of a person from custody!.”
State v. Smith, 560 P.2d 1066 (Or. 1977).
State v. Waldo, 763 P.2d 417 (Or. Ct. App. 1988).
State v. Alexander, 243 P.3d 476 (Or. Ct. App. 2010).
— Or. Rev. Stat. § 162.155(1)(a) — 8 cases
State v. Lonergan, 176 P.3d 374 (Or. 2008). “145 (defining escape in the third degree); ORS 162.155 (defining escape in the second degree); ORS 162.”
State v. Lonergan, 149 P.3d 1215 (Or. Ct. App. 2006). “]” This case turns on the correct interpretation of the phrase “uses * * * physical force escaping from custody.”
State v. Fore, 62 P.3d 400 (Or. Ct. App. 2003). “135, and escape in the second degree, ORS 162.155. Defendant moved to dismiss the indictment on the ground that the Josephine County prosecution barred the Marion County prosecution.”
State v. Alexander, 243 P.3d 476 (Or. Ct. App. 2010).
State v. Ashbaugh, 301 P.3d 972 (Or. Ct. App. 2013).
— Or. Rev. Stat. § 162.155(1)(b) — 3 cases
State v. Palaia, 614 P.2d 1120 (Or. 1980). “The defendant was charged by a grand jury indictment with the crime of escape in *1121 the second degree, ORS 162.155. [1] The indictment charged a violation of ORS 162.”
State v. Galligan, 816 P.2d 601 (Or. 1991). “ORS 162.155. In 1987 (and still), ORS 162.”
State v. Girard, 395 P.3d 645 (Or. Ct. App. 2017).
— Or. Rev. Stat. § 162.155(1)(c) — 6 cases
State v. Galligan, 816 P.2d 601 (Or. 1991). “ORS 162.155. In 1987 (and still), ORS 162.”
State v. Prophet, 507 P.3d 735 (Or. Ct. App. 2022). “Lane, we concluded that a defendant cannot be convicted of escape from a correctional facility, ORS 162.155(1)(c), without demonstrating that he had an awareness of a necessary circumstance of the offense—that is, that what he escaped from was, in fact, a correctional facility.”
State v. Isom, 837 P.2d 491 (Or. 1992). “ORS 162.155(1)(c) and (2). In 1989, the legislature amended ORS 162.”
State v. Palaia, 614 P.2d 1120 (Or. 1980). “The defendant was charged by a grand jury indictment with the crime of escape in *1121 the second degree, ORS 162.155. [1] The indictment charged a violation of ORS 162.”
State v. Fore, 62 P.3d 400 (Or. Ct. App. 2003). “135, and escape in the second degree, ORS 162.155. Defendant moved to dismiss the indictment on the ground that the Josephine County prosecution barred the Marion County prosecution.”
— Or. Rev. Stat. § 162.155(1)(e) — 1 case
State v. Lonergan, 149 P.3d 1215 (Or. Ct. App. 2006). “]” This case turns on the correct interpretation of the phrase “uses * * * physical force escaping from custody.”
— Or. Rev. Stat. § 162.155(2) — 1 case
State v. Gruver, 310 P.3d 728 (Or. Ct. App. 2013).
— Or. Rev. Stat. § 162.155(l)(a) — 7 cases
State v. Metcalfe, 19 P.3d 374 (Or. Ct. App. 2001). “135(5) defines the term “escape” for purposes of escape in the second degree as “the unlawful departure of a person from custody!.”
State v. Lonergan, 176 P.3d 374 (Or. 2008). “145 (defining escape in the third degree); ORS 162.155 (defining escape in the second degree); ORS 162.”
State v. Lonergan, 149 P.3d 1215 (Or. Ct. App. 2006). “]” This case turns on the correct interpretation of the phrase “uses * * * physical force escaping from custody.”
State v. Lane, 144 P.3d 927 (Or. 2006). “Defendant’s indictment charged him with escape in the second degree, ORS 162.155, for escaping from a correctional facility, and escape in the third degree, ORS 162.”
State v. Metcalfe, 974 P.2d 1189 (Or. 1999).
— Or. Rev. Stat. § 162.155(l)(b) — 4 cases
State v. Palaia, 614 P.2d 1120 (Or. 1980). “The defendant was charged by a grand jury indictment with the crime of escape in *1121 the second degree, ORS 162.155. [1] The indictment charged a violation of ORS 162.”
State v. Patterson, 346 P.3d 614 (Or. Ct. App. 2015). “ORS 162.155 was enacted as part of the 1971 comprehensive revision of the criminal code.”
State v. Galligan, 816 P.2d 601 (Or. 1991). “ORS 162.155. In 1987 (and still), ORS 162.”
State v. McCauley, 851 P.2d 608 (Or. Ct. App. 1993).
— Or. Rev. Stat. § 162.155(l)(c) — 21 cases
State v. Lane, 144 P.3d 927 (Or. 2006). “Defendant’s indictment charged him with escape in the second degree, ORS 162.155, for escaping from a correctional facility, and escape in the third degree, ORS 162.”
State v. Jones, 196 P.3d 97 (Or. Ct. App. 2008). “In that case, the defendant was convicted of second-degree escape, ORS 162.155(l)(c), after he fled the courtroom when the trial judge “reduced him to custody.”
State v. Galligan, 816 P.2d 601 (Or. 1991). “ORS 162.155. In 1987 (and still), ORS 162.”
State v. Isom, 837 P.2d 491 (Or. 1992). “ORS 162.155(1)(c) and (2). In 1989, the legislature amended ORS 162.”
State v. Palaia, 614 P.2d 1120 (Or. 1980). “The defendant was charged by a grand jury indictment with the crime of escape in *1121 the second degree, ORS 162.155. [1] The indictment charged a violation of ORS 162.”
— Or. Rev. Stat. § 162.155(l)(d) — 1 case
State v. Patterson, 346 P.3d 614 (Or. Ct. App. 2015). “ORS 162.155 was enacted as part of the 1971 comprehensive revision of the criminal code.”
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