SUBCHAPTER B
ESCAPE
Sec.
5121. Escape.
5122. Weapons or implements for escape.
5123. Contraband.
5124. Default in required appearance.
5125. Absconding witness.
5126. Flight to avoid apprehension, trial or punishment.
§ 5121. Escape.
(a) Escape.--A person commits an offense if he unlawfully removes himself from official detention
or fails to return to official detention following temporary leave granted for a specific
purpose or limited period.
(b) Permitting or facilitating escape.--A public servant concerned in detention commits an offense if he knowingly or recklessly
permits an escape. Any person who knowingly causes or facilitates an escape commits
an offense.
(c) Effect of legal irregularity in detention.--Irregularity in bringing about or maintaining detention, or lack of jurisdiction of
the committing or detaining authority, shall not be a defense to prosecution under
this section.
(d) Grading.--
(1) An offense under this section is a felony of the third degree where:
(i) the actor was:
(A) under arrest for or detained on a charge of felony;
(B) convicted of a crime; or
(C) found to be delinquent of an offense which, if committed by an adult, would be classified
as a felony and the actor is at least 18 years of age at the time of the violation
of this section;
(ii) the actor employs force, threat, deadly weapon or other dangerous instrumentality
to effect the escape; or
(iii) a public servant concerned in detention of persons convicted of crime intentionally
facilitates or permits an escape from a detention facility.
(2) Otherwise an offense under this section is a misdemeanor of the second degree.
(e) Definition.--As used in this section the phrase "official detention" means arrest, detention in
any facility for custody of persons under charge or conviction of crime or alleged
or found to be delinquent, detention for extradition or deportation, or any other
detention for law enforcement purposes; but the phrase does not include supervision
of probation or parole, or constraint incidental to release on bail.
(Sept. 27, 2014, P.L.2482, No.138, eff. 60 days)
2014 Amendment. Act 138 amended subsec. (d)(1)(i).
Cross References. Section 5121 is referred to in sections 3124.2, 5708, 6105 of this title; sections
9711, 9802 of Title 42 (Judiciary and Judicial Procedure); section 2303 of Title 44
(Law and Justice); sections 1162, 3513, 5006 of Title 61 (Prisons and Parole).
Notes of Decisions
Torres v. Pennsylvania Bd. of Prob. & Parole, 861 A.2d 394 (Pa. Commw. Ct. 2004).
· cites it 8× “In ruling on a claim of violation of equal protection because an inmate on pre-release status was entitled to such credit, the Court explained that if a pre-release inmate left he could be charged with escape under Section 5121 of the Crimes Code, 18 Pa.”
Commonwealth v. Sims, 919 A.2d 931 (Pa. 2007).
· cites it 4× “Appellee was subsequently charged with escape, in violation of 18 Pa.C.S. § 5121. N.T., 1/23/04, at 10-34.”
Commonwealth v. Devries, 112 A.3d 663 (Pa. Super. Ct. 2015).
· cites it 5× “18 Pa.C.S. § 5121(a). Additionally, relevant to our inquiry: A motion for judgment of acquittal challenges the sufficiency of the evidence to sustain a conviction on a particular charge, and is granted only in cases in which the Commonwealth has failed to carry its.”
Commonwealth v. Davis, 852 A.2d 392 (Pa. Super. Ct. 2004).
· cites it 4× “The crime of escape is set forth at 18 Pa.C.S. § 5121 and reads: § 5121. Escape (a) Escape.”
United States v. Hopkins, 577 F.3d 507 (3rd Cir. 2009).
· cites it 4× “” Accordingly, the only “career offender” issue presented by this appeal is whether Hopkins’ 2001 conviction for second degree misdemeanor “escape” pursuant to 18 Pa. Cons. Stat. Ann. § 5121 qualifies as a “crime of violence.”
Commonwealth v. Stanley, 401 A.2d 1166 (Pa. Super. Ct. 1979).
· cites it 4× “In these circumstances I cannot say that the evidence that appellant was a first degree murderer was harmless beyond a reasonable doubt.”
Commonwealth v. SELENSKI, 994 A.2d 1083 (Pa. 2010).
· cites it 2× “NOTES [1] 18 Pa.C.S. §§ 5121(a), 5122(a)(2). [2] Rule 130(B)(1)(b)(i) provides: Rule 130.”
United States v. Herbert Luster, 305 F.3d 199 (3rd Cir. 2002).
· cites it 3× “Luster was convicted under 18 Pa. Cons. Stat. § 5121 for escape in the third degree.”
Commonwealth v. Jemison Jr., D., Aplt., 98 A.3d 1254 (Pa. 2014).
· cites it 2× “The prosecution refused to accept this stipulation, and instead 5 In Stanley, the defendant-appellant was acquitted of persons not to possess a firearm, although he was convicted of other charges, to wit, escape offenses, possessing an instrument of crime, and possessing a…”
Commonwealth v. Baker, 614 A.2d 663 (Pa. 1992).
· cites it 2× “" [4] The statute provides that: (d) Aggravating circumstances Aggravating circumstances shall be limited to the following: (1) The victim was a fireman, peace officer or public servant concerned in official detention, as defined in 18 Pa.C.S. § 5121 (relating to escape), who…”
Commonwealth v. Jacobs, 39 A.3d 977 (Pa. 2012).
· cites it 2× “" 18 Pa.C.S. § 5121(a). A person commits an attempt when, "with intent to commit a specific crime, he does any act which constitutes a substantial step toward the commission of that crime.”
— 18 Pa. Cons. Stat. § 5121(a) — 61 cases
Commonwealth v. SELENSKI, 994 A.2d 1083 (Pa. 2010).
“NOTES [1] 18 Pa.C.S. §§ 5121(a), 5122(a)(2). [2] Rule 130(B)(1)(b)(i) provides: Rule 130.”
Commonwealth v. Jacobs, 39 A.3d 977 (Pa. 2012).
“" 18 Pa.C.S. § 5121(a). A person commits an attempt when, "with intent to commit a specific crime, he does any act which constitutes a substantial step toward the commission of that crime.”
Commonwealth v. Devries, 112 A.3d 663 (Pa. Super. Ct. 2015).
“18 Pa.C.S. § 5121(a). Additionally, relevant to our inquiry: A motion for judgment of acquittal challenges the sufficiency of the evidence to sustain a conviction on a particular charge, and is granted only in cases in which the Commonwealth has failed to carry its.”
— 18 Pa. Cons. Stat. § 5121(b) — 2 cases
— 18 Pa. Cons. Stat. § 5121(c) — 3 cases
Commonwealth v. Stanley, 401 A.2d 1166 (Pa. Super. Ct. 1979).
“In these circumstances I cannot say that the evidence that appellant was a first degree murderer was harmless beyond a reasonable doubt.”
— 18 Pa. Cons. Stat. § 5121(d) — 6 cases
— 18 Pa. Cons. Stat. § 5121(d)(1) — 1 case
— 18 Pa. Cons. Stat. § 5121(d)(1)(h) — 1 case
Commonwealth v. Devries, 112 A.3d 663 (Pa. Super. Ct. 2015).
“18 Pa.C.S. § 5121(a). Additionally, relevant to our inquiry: A motion for judgment of acquittal challenges the sufficiency of the evidence to sustain a conviction on a particular charge, and is granted only in cases in which the Commonwealth has failed to carry its.”
— 18 Pa. Cons. Stat. § 5121(d)(1)(i) — 1 case
— 18 Pa. Cons. Stat. § 5121(d)(2) — 3 cases
— 18 Pa. Cons. Stat. § 5121(d)(l)(i) — 1 case
— 18 Pa. Cons. Stat. § 5121(d)(l)(i)(A) — 1 case
— 18 Pa. Cons. Stat. § 5121(e) — 23 cases
Torres v. Pennsylvania Bd. of Prob. & Parole, 861 A.2d 394 (Pa. Commw. Ct. 2004).
“In ruling on a claim of violation of equal protection because an inmate on pre-release status was entitled to such credit, the Court explained that if a pre-release inmate left he could be charged with escape under Section 5121 of the Crimes Code, 18 Pa.”
Commonwealth v. Davis, 852 A.2d 392 (Pa. Super. Ct. 2004).
“The crime of escape is set forth at 18 Pa.C.S. § 5121 and reads: § 5121. Escape (a) Escape.”
Commonwealth v. Devries, 112 A.3d 663 (Pa. Super. Ct. 2015).
“18 Pa.C.S. § 5121(a). Additionally, relevant to our inquiry: A motion for judgment of acquittal challenges the sufficiency of the evidence to sustain a conviction on a particular charge, and is granted only in cases in which the Commonwealth has failed to carry its.”
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